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MADISON v. RITER

No. 03-6362, 03-6363.

355 F.3d 310 (2003)

Ira W. MADISON, Petitioner-Appellant, v. R. RITER, a/k/a R. Ruter, CCS Chairman; Duncan Mills; D.J. Armstrong; Gary Bass, Chief of Operations, CCS; Commonwealth of Virginia; Lewis B. Cei, Special Programs Manager, Respondents-Appellees. Aleph Institute; American Civil Liberties Union; The American Jewish Committee; The American Jewish Congress; The Baptist Joint Committee on Public Affairs; The Becket Fund for Religious Liberty; The Christian Legal Society; People for the American Way, Amici Supporting Appellant. United States of America, Intervenor-Appellant, v. R. Riter, a/k/a R. Ruter, CCS Chairman; Duncan Mills; D.J. Armstrong; Gary Bass, Chief of Operations, CCS; Commonwealth of Virginia; Lewis B. Cei, Special Programs Manager, Respondents-Appellees. Aleph Institute; American Civil Liberties Union; The American Jewish Committee; The American Jewish Congress; The Baptist Joint Committee on Public Affairs; The Becket Fund for Religious Liberty; The Christian Legal Society; People for the American Way, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2003.

Attorney(s) appearing for the Case

ARGUED: Gene C. Schaerr, Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C.; Michael Scott Raab, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. William Eugene Thro, Deputy State Solicitor, Office of the Attorney General, Richmond, VA, for Appellees. ON BRIEF: Richard H. Menard, Jr., Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C.; Robert D. McCallum, Jr., Assistant Attorney General, Stuart E. Schiffer, Acting Assistant Attorney General, John L. Brownlee, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Jerry W. Kilgore, Attorney General, William H. Hurd, State Solicitor, Maureen Riley Matsen, Deputy State Solicitor, Pamela A. Sargent, Senior Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellees. Kevin J. Hasson, Anthony R. Picarello, Jr., Roman P. Storzer, Derek L. Gaubatz, the Becket Fund for Religious Liberty, Washington, D.C., for Amici Curiae.

Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge DUNCAN joined.

OPINION

WILKINSON, Circuit Judge.

Appellant Ira W. Madison, a convict held in a Virginia Department of Corrections prison, was denied his requests for kosher meals that he claims his religious beliefs require. He sued the Commonwealth of Virginia and officials of the Virginia Department of Corrections, alleging among other...

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