GOFF v. GRAVES

No. 02-1279, 02-1449.

362 F.3d 543 (2004)

George GOFF, Plaintiff — Appellee/Cross-Appellant, Tom Kane, Plaintiff, William Barbee, Plaintiff — Appellee/Cross-Appellant, Richard G. Shawhan, Plaintiff, Jeff Winters, Tom Yarges, Plaintiffs — Appellees/Cross-Appellants, Lawrence Gladson, Kris Johnson, Plaintiffs, James Hall, Plaintiff — Appellee/Cross-Appellant, Ronnie T. Dunbar, Michael Rinehart, Wayne Berry, Jerry Sumpter, Steve Ragan, Plaintiffs, Michael Dean Gunn, Jr., Plaintiff — Appellee/Cross-Appellant, Timothy M. Jacobson, Plaintiff, Arthur Alan Poyner, Plaintiff — Appellee/Cross-Appellant, Casey Gray, Tim Thompson, Randy Jones, Plaintiffs, Jon J. King, Adam M. Tanner, Sam Archer, Plaintiffs — Appellees/Cross-Appellants, Bryan Keller, Frankie Sutton, Jeff Hass, Plaintiffs, Michael L. O'Donnell, Patrick Cupples, Jim Dorsey, Jeffrey K. Ragland, Plaintiffs — Appellees/Cross-Appellants, v. Leonard GRAVES, Warden; Bernard Eaves (added per pleading filed 9/9/98, Defs' Status Report); James Helling (added per pleading filed 9/9/98, Defs' Status Report), Defendants — Appellants/Cross-Appellees. John Doe, Intervenor — Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: March 30, 2004.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was H. Loraine Wallace, Des Moines, IA.

Counsel who presented argument on behalf of the intervenor was Jeffrey M. Lipman, Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Patrick E. Ingram, Iowa City, IA.

Before RILEY, BOWMAN, and SMITH, Circuit Judges.


BOWMAN, Circuit Judge.

Plaintiffs are inmates at the Iowa State Penitentiary (ISP) in Fort Madison, Iowa. They all claim to be members of the Church of the New Song (CONS) at ISP. CONS was founded in the early 1970s by a federal prisoner named Harry Theriault. Though Theriault testified that CONS was initially established as a "game," Theriault v. Carlson, 339 F.Supp. 375, 377...

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