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SISNEY v. REISCH

No. 10-3003.

674 F.3d 839 (2012)

Charles E. SISNEY, Plaintiff/Appellant, v. Tim REISCH, Secretary of Corrections for South Dakota; Douglas L. Weber, Chief Warden for the Department of Corrections of South Dakota; Dennis Block, Associate Warden for the South Dakota State Penitentiary; and Jennifer Wagner, a/k/a Jennifer Lane, Cultural Activities Coordinator for the South Dakota State Penitentiary, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 19, 2012.

Attorney(s) appearing for the Case

Richard L. Johnson , argued and on the brief, Sioux Falls, SD, for appellant.

James Ellis Moore , argued and on the brief, William G. Beck , Cheri S. Raymond , Michele Ann Munson , on the brief, Sioux Falls, SD, for appellee.

Before RILEY, Chief Judge, SHEPHERD, Circuit Judge, and WEBBER, District Judge.

WEBBER, District Judge.

Charles E. Sisney is incarcerated in the South Dakota State Penitentiary ("SDSP"), where he practices the Jewish faith. In 2003, Sisney filed suit claiming certain SDSP Officials violated his First Amendment free exercise rights by denying his requests to erect and eat his meals within a succah2 in the SDSP recreation yard.3 Sisney sued the Officials in their individual capacities and...

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