INCUMAA v. STIRLING

No. 14-6411.

791 F.3d 517 (2015)

Lumumba K. INCUMAA, a/k/a Theodore Harrison, Jr., Plaintiff-Appellant, v. Bryan P. STIRLING, Acting Director of the South Carolina Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2015.

Amended: July 7, 2015.


Attorney(s) appearing for the Case

ARGUED: Emily K. Merki , Georgetown University Law Center, Washington, D.C., for Appellant. Andrew Lindemann , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellee. ON BRIEF: Steven H. Goldblatt , Center Director, Ruthanne M. Deutsch , Supervising Attorney, Lola A. Kingo , Supervising Attorney, Ryan A. Sellinger , Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge THACKER wrote the opinion, in which Judge MOTZ and Judge KEENAN joined.


Lumumba Kenyatta Incumaa ("Appellant") is a member of the Nation of Gods and Earths ("NOGE"), a group whose adherents are also known as "Five Percenters." In 1988, Appellant began serving a sentence of life imprisonment without the possibility of parole in a prison operated by the South Carolina Department of Corrections...

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