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JOHNSON v. HORN

Nos. 97-3581, 97-3582.

150 F.3d 276 (1998)

Jeffrey E. JOHNSON; Bruce Howard Shore, Appellants in No. 97-3581, v. Martin F. HORN; Raymond J. Sobina, Appellants in No. 97-3582.

United States Court of Appeals, Third Circuit.

Decided July 28, 1998.

As Amended October 16, 1998.

Attorney(s) appearing for the Case

Jon Pushinsky (argued), Pittsburgh, PA for Appellants/Cross-Appellees Jeffrey E. Johnson and Bruce Howard Shore.

Sarah B. Vandenbraak, Chief Counsel (argued), Jill Fluck, Assistant Counsel Pennsylvania Department of Corrections Camp Hill, PA, for Appellees/ Cross-Appellants Martin F. Horn and Raymond J. Sobina.

Isaac M. Jaroslawicz, Director of Legal Affairs The Aleph Institute, Surfside, FL, for Amicus Curiae The Aleph Institute

Burton Caine Temple University School of Law, Philadelphia, PA, for Amicus Curiae American Civil Liberties Union of Pennsylvania

Before: BECKER, Chief Judge, ALDISERT and WEIS, Circuit Judges

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This case once again presents the federal courts with the serious and difficult task of balancing an individual's First Amendment right to free exercise of religion with the principle, derived from the concepts of separation of powers and federalism inherent in our constitutional order, that federal courts should afford substantial deference to the administration of state correctional institutions. Specifically...

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