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WASHINGTON v. KLEM

No. 05-2351.

497 F.3d 272 (2007)

Henry WASHINGTON v. Superintendent Edward KLEM; Deputy Supt. Joseph Piazza; John Mack, Programs Coordinator; Sgt. Dougherty, Property Room Supervisor Henry Unseld Washington, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 2, 2007.

Attorney(s) appearing for the Case

Nancy Winkelman, Edward D. Manchester (argued), Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, for Appellant.

Thomas W. Corbett, Jr., Attorney General, Howard G. Hopkirk, Senior Deputy Attorney General (argued), John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellee.

Before: SMITH, NYGAARD, and HANSEN, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

This case requires us to define "substantial burden" under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc et seq, to determine whether the Pennsylvania Department of Corrections' (DOC's) restriction on inmates that they possess in their cells only ten books at a time substantially burdens inmate Henry Unseld Washington's religious exercise. We hold...

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