SALAHUDDIN v. GOORD

Docket No. 04-3470-PR.

467 F.3d 263 (2006)

Abdullah Y. SALAHUDDIN, Plaintiff-Appellant, v. Glenn GOORD, Commissioner; Dr. Lester N. Wright, Deputy Commissioner/Chief Medical Officer; Donald R. Selsky, Director, Special Housing Unit/Inmate Disciplinary Program; Teresa Knapp-David, Director Classification and Movement; Thomas Egan, Director Inmate Grievance Committee Program/Central Office Review Committee; All Employees of the New York State Department of Correctional Services ("Docs"); John P. Keane, Superintendent; Elias Carrillo, Deputy Superintendent for Programs; T.J. Miller, Deputy Superintendent for Administration; Thomas Briggs, Senior Counselor/Freedom of Information Officer/ Chairman, Program Committee; Tim Turbush, Supervisor, Inmate Grievance Program; Lawrence Jones, Disciplinary Lieutenant; Constant, Lieutenant/Hearing Officer; Ronald Krom, Captain; E. Noecker, Correction Officer; All Employees of the Woodbourne Correctional Facility ("Woodbourne"); David Miller, Superintendent; John Doe, Doctor; Sanchez, Correction Officer; All Employees of the Eastern Correctional Facility ("Eastern"); John McGinnis, Superintendent; John Doe II, Correction Officer; All Employees of the Downstate Correctional Facility ("Downstate"); Hans Walker, Superintendent; John Doe III, Correction Officer; Jane Doe, Nurse; All Employees of the Auburn Correctional Facility ("Auburn"); Ronald Moscicki, Superintendent; Michael R. Marshall, Deputy Superintendent for Administration; Dr. Piazza; Dr. Weyand; Dr. L. Wyzykowski; J. Steeg, Nurse Administrator I; Jane Doe II, Supervisor, Inmate Grievance Program; Murphy, Lieutenant; J. Phillips, Correction Officer; All Employees of the Lakeview Correctional Facility ("Lakeview"); Victor Herbert, Superintendent; Cochran, Sergeant; Stanton, Correction Officer; Fraye, Correction Officer; All Employees of the Attica Correctional Facility ("Attica"); all in their official and individual capacities; and New York State Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2006.


Attorney(s) appearing for the Case

Austin Berry, Rukhsanah Lighari, Jeffrey A. Shooman** (Jon Romberg, on the brief), Seton Hall University School of Law, Center for Social Justice, Newark, NJ, for Plaintiff-Appellant.

David Lawrence III, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Michelle Aronowitz, Deputy Solicitor General, on the brief), New York, NY, for Defendants-Appellees.

Before KEARSE, WALKER and WALLACE, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge.

In this 42 U.S.C. § 1983 action, a prisoner brings two sets of claims relevant on appeal: (1) claims for violation of his First Amendment right to free exercise of religion and his free-exercise right under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc; and (2) a claim for violation of his Eighth Amendment right to be free of cruel and unusual punishment. The prisoner alleges...

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