OTEY v. BEST

No. 81-2222.

680 F.2d 1231 (1982)

Harold LaMont OTEY, Appellant, v. Donald BEST, Acting Director; Robert Parratt, Warden, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Berry, Anderson, Creager & Wittstruck, Robert B. Creager, Lincoln, Neb., for appellant.

Paul L. Douglas, Atty. Gen., J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., for Donald Best and Robert Parratt, appellees.

Before ROSS, Circuit Judge, and STEPHENSON and HENLEY, Senior Circuit Judges.


HENLEY, Senior Circuit Judge.

Appellant Harold LaMont Otey, an inmate at the Nebraska State Penitentiary under a sentence of death, brought an action against prison officials under 42 U.S.C. § 1983, alleging that a prison regulation prohibiting inmates subject to the death penalty from attending corporate worship services1 impermissibly infringed on his first amendment right to free exercise of religion. After a trial to the district...

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