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FAVER v. CLARKE

No. 19-7634.

24 F.4th 954 (2022)

Brad FAVER, Plaintiff-Appellant, v. Harold CLARKE, Director of VDOC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 1, 2022.

Attorney(s) appearing for the Case

ARGUED: Dallas S. LePierre , HDR LLC, Atlanta, Georgia, for Appellant. Laura Haeberle Cahill , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Mario B. Williams , HDR LLC, Atlanta, Georgia, for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Toby J. Heytens , Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Martine E. Cicconi , Deputy Solicitor General, Jessica Merry Samuels , Assistant Solicitor General, Zachary R. Glubiak , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson joined. Judge Motz wrote a dissenting opinion.

Brad Faver, an inmate in the custody of the Virginia Department of Corrections and a practicing Muslim, commenced this action against the Department's Director (hereafter, "the VDOC"), alleging that the VDOC had denied him the ability to practice tenets of his Muslim religion, in violation of the Religious Land Use and Institutionalized...

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