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SEARLES v. VAN BEBBER

Nos. 99-3076 & 99-3279.

251 F.3d 869 (2001)

Jimmy SEARLES, Plaintiff-Appellee, v. Durward A. VAN BEBBER, Administrative Chaplain, Hutchinson Correctional Facility, Defendant-Appellant. United States of America, Intervenor-Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 14, 2001.

Attorney(s) appearing for the Case

Scott C. Nehrbass (Gregory T. Wolf and Jason E. Pepe, with him on the briefs), Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Plaintiff-Appellee.

John M. Cassidy, Assistant Attorney General, (Carla J. Stovall, Attorney General and Hsingkan Chiang, Assistant Attorney General, with him on the briefs), Topeka, KS, for Defendant-Appellant.

John C. Hoyle, Attorney, Appellate Staff, Department of Justice, Washington, DC, (David W. Ogden, Acting Assistant Attorney General, Jackie N. Williams, United States Attorney and Barbara L. Herwig, Attorney, Appellate Staff, with him on the brief) for Intervenor-Amicus Curiae.

Before BRORBY, HOLLOWAY and BRISCOE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-appellee Searles, an inmate at the Hutchinson Correctional Facility of the State of Kansas (HCF), sued several prison officials alleging the defendants had violated his First Amendment right to free exercise of religion by denying him approval for a kosher diet. Defendant VanBebber, the chaplain at HCF, appeals from a jury verdict against him. The jury found no liability on the part of the other two defendants, who were the warden...

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