JANNY v. GAMEZ

No. 20-1105.

8 F.4th 883 (2021)

Mark JANNY, Plaintiff-Appellant, v. John GAMEZ; Jim Carmack; Tom Konstanty, Defendants-Appellees. Muslim Advocates; Central Conference of American Rabbis; Disciples of Christ; Global Justice Institute; Hindu American Foundation; Interfaith Alliance Foundation; Men of Reform Judaism; National Council of Churches; Reconstructing Judaism; Reconstructionist Rabbinical Association; Samuel Dewitt Proctor Conference; Sikh American Legal Defense Fund; Union of Reform Judaism; Unitarian Universalist Association; Women of Reform Judaism; Wyoming Interfaith Network, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed August 6, 2021.


Attorney(s) appearing for the Case

Charles B. Wayne , DLA Piper LLP, Washington, DC ( Richard B. Katskee and Alexander J. Luchenitser , Americans United for Separation of Church and State, Washington, DC; Daniel Mach and Heather L. Weaver , ACLU Program on Freedom of Religion and Belief, Washington, DC, with him on the briefs), for Plaintiff-Appellant.

Gregory R. Bueno , Assistant Attorney General, Civil Litigation & Employment Section ( Philip J. Weiser , Attorney General, with him on the brief), Colorado Attorney General's Office, Denver, Colorado, for Defendant-Appellee John Gamez.

John Lebsack ( John Craver , Doug Poling and Jack R. Stokan on the brief), White and Steele, P.C., Denver, Colorado, for Defendants-Appellees Jim Carmack and Tom Konstanty.

Matthew W. Callahan , Muslim Advocates, Washington, DC, filed a brief on behalf of Amici Muslim Advocates, Central Conference of American Rabbis, Disciples of Christ, Global Justice Institute, Hindu American Foundation, Interfaith Alliance Foundation, Men of Reform Judaism, National Council of Churches, Reconstructing Judaism, Reconstructionist Rabbinical Association, Samuel DeWitt Proctor Conference, Sikh American Legal Defense Fund, Union of Reform Judaism, Unitarian Universalist Association, Women of Reform Judaism, and Wyoming Interfaith Network, in support of Plaintiff-Appellant.

Before McHUGH, Circuit Judge, LUCERO, Senior Circuit Judge, and CARSON, Circuit Judge.


Mark Janny was released from jail on parole in early 2015. His parole officer, John Gamez, directed Mr. Janny to establish his residence of record at the Rescue Mission in Fort Collins, Colorado, and to abide by its "house rules." After arriving at the Mission, Mr. Janny learned he had been enrolled in "Steps to Success,"...

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