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CHANCE v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 12-41015.

730 F.3d 404 (2013)

William E. CHANCE, Jr., Plaintiff-Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE; Brad Livingston, in his official capacity as Executive Director of the Texas Department of Criminal Justice; Cynthia Lowery, in her individual capacity; Bill Pierce, in his individual capacity; Edgar Baker, in his individual capacity; Warden John Rupert; Warden Todd Foxworth, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 2013.

Attorney(s) appearing for the Case

Steffen Nathanael Johnson, Esq. , Winston & Strawn, L.L.P., Washington, DC, Benjamin Lee Ellison , Winston & Strawn, L.L.P., Chicago, IL, Scott Charles Medlock , Texas Civil Rights Project, Austin, TX, for Plaintiff-Appellant.

Douglas D. Geyser, Esq. , Office of the Solicitor General for the State of Texas, Austin, TX, Celamaine Cunniff , Assistant Attorney General, Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendants-Appellees.

Todd Donnelly Batson and William Balden Adams , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, James Andrew Sonne , Stanford Law School, Legal Clinics, Stanford, CA, for Amici Curiae.

Before STEWART, Chief Judge, and DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff-Appellant William Chance, Jr. ("Chance") is a prisoner currently incarcerated by the Texas Department of Criminal Justice ("TDCJ"). Chance filed suit under the Religious Land Use and Institutionalized Persons Act ("RLUIPA") alleging that TDCJ has failed to accommodate several tenets of his Native American religion, including: (1) personal participation in a pipe-smoking ceremony, (2) participation in a minimum number of various...

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