MONTANO v. HEDGEPETH

No. 96-2487.

120 F.3d 844 (1997)

Nick P. MONTANO, Plaintiff-Appellant, v. Paul HEDGEPETH; James Helling; Dale Vande Krol, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1997.


Attorney(s) appearing for the Case

Kelly A Phipps, Iowa City, IA, argued, for plaintiff-appellant.

William A. Hill, Asst. Atty. Gen., Des Moines, IA, argued, for defendants-appellees.

Before WOLLMAN, FLOYD R. GIBSON, and HANSEN, Circuit Judges.


FLOYD R. GIBSON, Circuit Judge.

Appellant Nicholas P. Montano, an inmate at the Iowa State Penitentiary (the "ISP"), filed this 42 U.S.C. § 1983 action against Dale Vande Krol, a prison chaplain, primarily claiming that the clergyman had excluded Montano from Protestant services in violation of his rights under the First Amendment and the Religious Freedom Restoration Act of 1993 ("RFRA"), 42 U.S.C. §§ 2000bb to 2000bb-4 (1994). After a bench trial...

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