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ROSE v. FLAIRTY

No. 13-3299.

772 F.3d 552 (2014)

Dudie James ROSE, Plaintiff-Appellant, v. Michael FLAIRTY, Defendant-Appellee, Dick Finke; Todd Edwards; Nebraska Board of Regents; ARCH Board of Directors, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2014.

Attorney(s) appearing for the Case

Matthew M. Munderloh , argued, Oakland, NE, ( Matthew M. Munderloh , Oakland, NE, on the brief), for Plaintiff-Appellant.

Forrest Guddall, AAG, argued Des Moines, IA, ( Gerald L. Friedrichsen , Omaha, NE, Forrest Guddall, AAG, Des Moines, IA, on the brief), for Defendant-Appellee.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Dudie Rose filed this § 1983 action against his probation officer, Michael Flairty, alleging that Flairty violated his First Amendment rights by requiring him to satisfy the terms of a court probation order which directed him to complete a privately run substance abuse treatment program, Alcoholics Resocialization Conditional Help ("ARCH").1 Rose argues that the program prohibited him from practicing his faith...

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