HOLLAND v. GOORD

No. 13-2694-PR.

758 F.3d 215 (2014)

Darryl HOLLAND, Plaintiff-Appellant, v. Glenn S. GOORD, in his individual capacity, Anthony J. Annuci, in his official capacity as Acting Commissioner of the Department of Corrections and Community Supervision, Anthony F. Zon, in his individual capacity and official capacity as Former Superintendent, Wende Correctional Facility, Thomas Schoellkopf, in his individual capacity and official capacity as Hearing Officer, Wende Correctional Facility, John Barbera, in his individual capacity and official capacity as Correctional Officer, Wende Correctional Facility, Martin Kearney, in his individual capacity and official capacity as Captain, Wende Correctional Facility, Defendants-Appellees, Jay Wynkoop, in his individual capacity and official capacity as the Watch Commander and/or Keeplock Review Officer, Wende Correctional Facility, Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2014.


Attorney(s) appearing for the Case

Jeffrey A. Wadsworth ( Candace M. Curran , on the brief), Harter Secrest & Emery LLP, Rochester, N.Y., for Plaintiff-Appellant.

Kate H. Nepveu , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, and Andrew D. Bing , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, N.Y., for Defendants-Appellees.

Before: JACOBS, CALABRESI, and LIVINGSTON, Circuit Judges.


DEBRA ANN LIVINGSTON, Circuit Judge:

Plaintiff-Appellant Darryl Holland ("Holland"), an inmate and practicing Muslim, asserts that defendant prison officials Glenn Goord, Anthony J. Annuci, Anthony F. Zon, Thomas Schoellkopf, John Barbera, and Martin Kearney collectively, ("Appellees")1 unconstitutionally burdened his religious exercise when they ordered him to provide a urine sample within a three-hour window — the time limit then...

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