SMITH v. OZMINT

No. 07-6558.

578 F.3d 246 (2009)

Kevin SMITH, a/k/a Bar-None Royal Blackness, Plaintiff-Appellant, v. Jon OZMINT; Gary D. Maynard; Robert Ward; Gary A. Boyd; Gene Noles; James Sligh; Debra Wise; Alvin Graber; Lester Hinson, Jr.; Ms. Hill, OFC; Doris Curenton; Mary Stewart; Dean Day; Marcia Fuller; T.W. Thomas; Laurie Bessinger; Bernard McKie; Associate Warden Stevenson; Samuel Latta; James Christensen; Willie Mason; Harold Scott; Sergeant Shivers; E. Jennings; E. Reardon; J. Kircher; S. Brown; M. Hayes; Rolland Moody; S. Horsely; Joel Moore; Kenneth Jones; Nurse R. Murphy; John Doe; Jane Doe; Richard P. Stroker; Mary Davenport Anderson; Leon Lott, Jr.; Daniel E. Johnson; David Wilson; Carlton Medley; David Mildred; James Robinson, Defendants-Appellees. Akeem Muhammad, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2009.


Attorney(s) appearing for the Case

ARGUED: Cecily Elizabeth Baskir, Georgetown University Law Center, Washington, D.C., for Appellant. Andrew Lindemann, Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees.

ON BRIEF: Steven H. Goldblatt, Director, Kelly A. Anderson, Student Counsel, Zheyao Li, Student Counsel, Daniel E. Shuey, Student Counsel, Kimberly Witherspoon, Student Counsel, Georgetown University Law Center, Washington, D.C., for Appellant. Akeem Muhammad, Raiford, Florida, Amicus Supporting Appellant.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Michael wrote the opinion, in which Judge King and Judge Gregory joined.


OPINION

MICHAEL, Circuit Judge:

Kevin Smith,* a South Carolina prisoner, appeals the district court's award of summary judgment to twenty-six South Carolina Department of Corrections officials and employees (collectively, the SCDC) on (1) his claim asserted under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and (2) his claims alleging constitutional violations relating to excessive force and conditions of...

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