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RUST v. CLARKE

No. 4:CV92-3107.

883 F.Supp. 1293 (1995)

John RUST, Otha Hart, Jerry Bussard, James Wichman, Leslie Bussard, William Durand, Robert Sams, Colin Allen, James Harlow, Terrance Yager, Robert Costello, and Roy Lyman, Plaintiffs, v. Harold W. CLARKE, Individually, and as Director of Nebraska Department of Correctional Services; Gary Grammer, Individually, and as Assistant Director of Adult Institutions for the Nebraska Department of Correctional Services; Frank X. Hopkins, Individually, and as Warden of the Nebraska State Penitentiary; Robert Houston, Individually, and as Deputy Warden of the Nebraska State Penitentiary; Mark Rosenau, Individually, and as the Protestant Chaplain and the Head of the Religion Department for the Nebraska State Penitentiary; Dean Naylor, Individually, and as the Major for the Custody Force for the Nebraska State Penitentiary; Mario Peart, Individually, and as Associate Warden/External Operations for the Nebraska State Penitentiary; Kathleen Taylor, Individually, and as Food Service Director for the Nebraska State Penitentiary; and Mike Kenney, Individually, and as Deputy Warden of the Nebraska State Penitentiary, Defendants.

United States District Court, D. Nebraska.

April 26, 1995.

Attorney(s) appearing for the Case

David L. Buelt & Daniel L. Rock, Ellick, Jones, Buelt, Blazek and Longo, Omaha, NE, for plaintiffs.

Don Stenberg, Atty. Gen., Terri M. Weeks, Asst. Atty. Gen., Lincoln, NE, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KOPF, District Judge.

The bench trial of this matter having been concluded, I now issue my findings of fact and conclusions of law in accordance with Federal Rule of Civil Procedure 52(a). In this action brought under 42 U.S.C. § 1983, Plaintiffs allege that Defendants denied them their right to freely exercise their religion in violation of the First Amendment and...

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