POUNCIL v. TILTON

No. 10-16881.

704 F.3d 568 (2012)

Madero L. POUNCIL, Plaintiff-Appellee, v. James E. TILTON, Director, CDC; Matthew Cate, Secretary of the CDC; D. Foston, Facility Captain; and W. Martel, Warden/Acting Warden, MCSP, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 2012.


Attorney(s) appearing for the Case

Tritia M. Murata of Morrison & Foerster, Los Angeles, CA, for the plaintiff-appellee.

Kamala D. Harris , Attorney General of California; Rochelle C. East , Sr. Asst. Attorney General; Vickie P. Whitney , Supervising Dep. Atty. General; Misha D. Igra , Dep. Atty. General, Sacramento, CA, for defendants-appellants.

Before: CONSUELO M. CALLAHAN and CARLOS T. BEA, Circuit Judges, and MARK W. BENNETT, District Judge.


OPINION

BENNETT, District Judge:

A state prisoner asserts that denials by prison officials of his request for a conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment to the United States Constitution by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The immediate question, however, is not the merits...

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