GREENHILL v. CLARKE

No. 18-7300.

944 F.3d 243 (2019)

Alfonza Hardy GREENHILL, Plaintiff-Appellant, v. Harold W. CLARKE, Director of the State of Virginia Department of Corrections; A. David Robinson, Chief of Corrections Operations of the State of Virginia Department of Corrections; Earl Barksdale, Warden of Red Onion State Prison, Defendants-Appellees. Dan Pacholke, Former Corrections Official; Jeanne Woodford, Former Corrections Official; Phil Stanley, Former Corrections Official; Dick Morgan, Former Corrections Official; Eldon Vail, Former Corrections Official; Professors and Practitioners of Psychiatry, Psychology, and Medicine; Muslim Advocates; Reconstructionist Rabbincal Association; Interfaith Alliance Foundation, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2019.


Attorney(s) appearing for the Case

ARGUED: Daniel Mark Greenfield , NORTHWESTERN PRITZKER SCHOOL OF LAW, Chicago, Illinois, for Appellant. Toby Jay Heytens , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: David M. Shapiro , Roderick and Solange MacArthur Justice Center, NORTHWESTERN PRITZKER SCHOOL OF LAW, Chicago, Illinois, for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Laura H. Cahill , Assistant Attorney Counsel, Matthew R. McGuire , Principal Deputy Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Brittany M. Jones , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Elizabeth Hagerty , Claudia Pare, Washington, D.C., Allen P. Pegg , HOGAN LOVELLS US LLP, Miami, Florida, for Amici Former Corrections Officials Dan Pacholke, Jeanne Woodford, Phil Stanley, Dick Morgan, and Eldon Vail. Michael P. Doss , SIDLEY AUSTIN LLP, Chicago, Illinois, for Amici Professors and Practitioners of Psychiatry, Psychology, and Medicine. Johnathan J. Smith , Sirine Shebaya , Matthew W. Callahan , MUSLIM ADVOCATES, Washington, D.C., for Amici Muslim Advocates, The Reconstructionist Rabbinical Association, and Interfaith Alliance Foundation.

Vacated and remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Judge Agee and Judge Kleeh joined.


Proceeding pro se, Alfonza Greenhill, an inmate at Red Onion State Prison in Pound, Virginia, commenced this action against officials of the Virginia Department of Corrections (the "VDOC") under the Religious Land Use and Institutionalized Persons Act ("RLUIPA") and the Free...

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