STEWART v. BEACH

No. 12-3013.

701 F.3d 1322 (2012)

Sturgeon STEWART, Plaintiff-Appellant, v. (FNU) BEACH; (FNU) Wilson, Officers, El Dorado Correctional Facility, in their individual capacities; Ray Roberts, Warden, El Dorado Correctional Facility, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 18, 2012.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Holly A. Dyer , Daniel J. Buller , of Foulston Siefkin LLP, Wichita, KS, for Plaintiff-Appellant.

Steven R. Fabert , Assistant Attorney General, Topeka, KS, for Defendants-Appellees.

Before KELLY, O'BRIEN, and MATHESON, Circuit Judges.


KELLY, Circuit Judge.

Sturgeon Stewart appeals from the district court's judgment in favor of defendants on his claims under the First Amendment's Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. §§ 2000cc to 2000cc-5 (RLUIPA). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

Stewart was an inmate in the custody of the Kansas Department of Corrections (KDOC...

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