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WALL v. WADE

No. 13-6355.

741 F.3d 492 (2014)

Gary WALL, Plaintiff-Appellant, v. James WADE, Food Services Manager, ROSP; Robert Rowlette, Assistant Warden of ROSP; T. Ray, Warden of ROSP; J. Stallard, Counselor of ROSP, Defendants-Appellees, and C. Selyers, Food Services Supervisor, ROSP; Captain K. McCoy, Employee of ROSP; Sergeant C. Gilbert, Employee of ROSP; Sergeant T. Adams, Investigator of ROSP; Corporal D. Lee, Employee of ROSP; Corporal D. Farmer, Employee of ROSP; Corporal Phillips, Employee of ROSP; K. Crowder-Austin, Western Regional Grievance Ombudsman for VADOC; Lieutenant J. Fannin, Employee of ROSP; Lieutenant S. Day, Employee of ROSP; Sergeant T. Hale, Employee of ROSP; Sergeant Unknown, Employee of ROSP; Corporal Barrowman, Employee of ROSP; Corporal Gibson, Employee of ROSP; Corporal D. Vandover, Property Officer of ROSP; Corporal Unkown, Employee of ROSP; R. Mullins, Grievance Coordinator of ROSP; John Garman, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Scott Turner , College Of William & Mary, Williamsburg Virginia, for Appellant. Earle Duncan Getchell, Jr. , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Tillman J. Breckenridge , Washington, D.C., Robert M. Luck III , Reed Smith LLP, Richmond, Virginia; Patricia E. Roberts , William & Mary Law School Appellate and Supreme Court Clinic, Williamsburg, Virginia, for Appellant. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Michael H. Brady , Assistant Solicitor General, Patricia L. West , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge DAVIS and Judge WYNN joined.

GREGORY, Circuit Judge:

In this appeal we review the application of a state prison's policy conditioning an inmate's request for a religious accommodation on his possession of physical indicia of faith. We also address whether the inmate's claims for equitable relief were mooted after the prison abandoned the policy. We vacate the district court's summary judgment order granting the defendants qualified immunity on the plaintiff's claims for monetary relief. We also...

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