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AHMAD v. FURLONG

No. 04-1450.

435 F.3d 1196 (2006)

Said AHMAD, also known as Jumaat At-Tariq, Plaintiff-Appellee, v. Robert FURLONG; Mike Ehrmann, Defendants-Appellants. and John Watts; Steve Bergman, Defendants.

United States Court of Appeals, Tenth Circuit.

January 18, 2006.

Attorney(s) appearing for the Case

Edward T. Farry, Jr., Farry and Rector, L.L.P., Colorado Springs, Colorado, for the Defendants-Appellants.

James P. Rouse, Rouse & Associates, P.C., Greenwood Village, Colorado, for the Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, HOLLOWAY, Senior Circuit Judge, and HARTZ, Circuit Judge.

HARTZ, Circuit Judge.

Appellants Mike Ehrmann, a corrections officer at Colorado's Sterling Correctional Facility (SCF), and Robert Furlong, a former warden of the facility, appeal the district court's refusal to decide whether they are entitled to qualified immunity on a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq. The district court held that it need not address the merits of the defense because...

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