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SOSSAMON v. LONE STAR STATE OF TEXAS

No. 07-50632.

560 F.3d 316 (2009)

Harvey Leroy SOSSAMON, III, Plaintiff-Appellant, v. The LONE STAR STATE OF TEXAS; Christina Melton Crain, Chairman, Texas Criminal Justice Board; Cathy Clement, Assistant Director, Texas Department of Criminal Justice—Correctional Institutions Division Region VI; Brad Livingston, Executive Director, Texas Department of Criminal Justice, Doug Dretke, Executive Director, Correctional Institutions Division; Reverend R.G. Murphy, Texas Department of Criminal Justice—Correctional Institutions Division Region VI Chaplaincy Regional Program Admin.; Senior Warden Robert Eason, French M. Robertson Unit, Texas Department of Criminal Justice—Correctional Institutions Division; Assistant Warden Stacy L. Jackson, French M. Robertson Unit, Texas Department of Criminal Justice—Correctional Institutions Division; Chaplain Paul J. Klien, French M. Robertson Unit, Texas Department of Criminal Justice— Correctional Institutions Division, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 17, 2009.

Attorney(s) appearing for the Case

John Kuchera (argued), Waco, TX, for Plaintiff-Appellant.

Marjolyn Carol Gardner, Asst. Atty. Gen., Law Enforcement Defense Div., David Eugene Brice (argued), Austin, TX, for Defendants-Appellees.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

We are asked today to resolve a number of questions concerning the extent to which, based on the special considerations we afford the government in its role as jail-keeper, we will excuse the intrusion of a state, here Texas, on the free exercise of religion by prisoners. We must also address several issues surrounding the remedies available when such an intrusion proves too great to excuse. Convinced that the Religious Land Use and Institutionalized...

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