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BOLES v. NEET

No. 05-1570.

486 F.3d 1177 (2007)

Russell M. BOLES, Plaintiff-Appellee, v. Gary D. NEET, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 24, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John W. Suthers, Attorney General, James X. Quinn, Assistant Attorney General, Office of the Colorado Attorney General, Denver, CO, for Defendant-Appellant.

Sheldon E. Friedman, Isaacson Rosenbaum P.C., Denver, CO, for Plaintiff-Appellee.

Before PORFILIO, BALDOCK, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff Russell M. Boles is an Orthodox Jew serving time at the Freemont Correctional Facility in Cañon City, Colorado. He sued the warden, Gary D. Neet, under 42 U.S.C. § 1983 and the First Amendment after Warden Neet denied his request to wear certain religious garments while being transported to a hospital. Warden Neet moved for summary judgment based on qualified immunity, but the district...

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