KERR v. FARREY

No. 95-1843.

95 F.3d 472 (1996)

James W. KERR, Plaintiff-Appellant, v. Catherine J. FARREY and Lloyd Lind, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1996.


Attorney(s) appearing for the Case

Walter Stern, (argued), Union Grove, WI, for Plaintiff-Appellant.

Stephen J. Nicks, (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for Defendants-Appellees.

Before CUMMINGS, FLAUM, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

The question presented in this case is whether a state correctional institution may require an inmate, upon pain of being rated a higher security risk and suffering adverse effects for parole eligibility, to attend a substance abuse counseling program with explicit religious content, consistent with the Establishment Clause of the First Amendment to the U.S. Constitution. Applying the test of Lemon v. Kurtzman, 403...

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