MOUSSAZADEH v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 09-40400.

703 F.3d 781 (2012)

Max MOUSSAZADEH, Plaintiff-Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE; Brad Livingston, Solely in His Official Capacity as Executive Director of Texas Department of Criminal Justice, Correctional Institutions Division; David Sweeten, Solely in His Official Capacity as Warden of the Eastham Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 21, 2012.


Attorney(s) appearing for the Case

Luke William Goodrich , Eric C. Rassbach , Becket Fund for Religious Liberty, Matthew Todd Murchison , Anne Wylde Robinson (argued), Michael J. Songer , Latham & Watkins, L.L.P., Washington, DC, for Plaintiff-Appellant.

Arthur Cleveland D'Andrea (argued), Office of the Sol. Gen., Celamaine Cunniff , Asst. Atty. Gen., Law Enforcement Defense Div., Austin, TX, for Defendants-Appellees.

Joshua D. Hawley , Hogan Lovells US, L.L.P., Daniel Mach , Program on Freedom of Religion & Belief, ACLU, Washington, DC, Martin Jonathan Siegel , Law Office of Martin J. Siegel, P.C., Rebecca L. Robertson , Houston, TX, Kelly Anne Laudenslager , Wheeler, Trigg & O'Donnell, L.L.P., Michael Alex Sink , Perkins Coie, L.L.P., Denver, CO, Marc D. Stern , American Jewish Committee, New York City, for Amici Curiae.

Before KING, SMITH, and BARKSDALE, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Through more than seven years of litigation, Max Moussazadeh has sought kosher meals while confined at the Texas Department of Criminal Justice ("TDCJ"). The district court, on motion for summary judgment, dismissed Moussazadeh's claim on two independent grounds: failure to exhaust administrative remedies as required by the Prison Litigation Reform Act ("PLRA") and lack of sincerity of religious belief as required under the Religious...

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