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VAN WYHE v. REISCH

Nos. 08-1409, 08-1413.

581 F.3d 639 (2009)

James Dean VAN WYHE, Appellee, v. Tim REISCH; Douglas Weber; Jennifer Wagner, Appellants. Charles E. Sisney, Appellee, v. Tim Reisch, in both his individual and official capacities as Secretary of Corrections for South Dakota; Douglas L. Weber, in both his individual and official capacities as Chief Warden for the Department of Corrections of South Dakota; Dennis Block, in both his individual and official capacities as Associate Warden for the South Dakota State Penitentiary; Jennifer Wagner, in both her individual and official capacities as Cultural Activities Coordinator for the South Dakota State Penitentiary, also known as Jennifer Lane; Daryl Slykhuis, Interim Warden of the South Dakota State Penitentiary, in his individual and official capacity, Appellants. United States of America, Intervenor below-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2009.

Attorney(s) appearing for the Case

Jeffrey L. Bratkiewicz, argued, James Ellis Moore, Sioux Falls, SD, for appellants Wagner, Weber, Reisch, Slykhuis and Block.

Melissa N. Patterson, USDOJ, argued, Washington, D.C., Michael S. Raab, USDOJ, on the brief, Washington, D.C., for the Government.

Richard L. Johnson, argued, Sioux Falls, SD, for appellee Sisney.

Before MURPHY, HANSEN, and RILEY, Circuit Judges.

HANSEN, Circuit Judge.

James Dean Van Wyhe and Charles E. Sisney, prisoners at the South Dakota State Penitentiary ("SDSP"), each brought a suit against South Dakota prison officials, asserting various claims of interference with their free exercise of religion under the First Amendment and Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 114 Stat. 804, 42 U.S.C. § 2000cc-1(a)(1)-(2). Sisney added two claims of retaliation...

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