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RICHARDSON v. CLARKE

No. 21-6507.

52 F.4th 614 (2022)

David A. RICHARDSON, Plaintiff-Appellant, v. Harold W. CLARKE, Virginia Department of Corrections; Eddie L. Pearson, Lead Warden-Greenville Correctional Center; Tammy Williams, Warden, DRCC Correctional Center; Virginia Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2022.

Attorney(s) appearing for the Case

ARGUED: Oren Missim Nimni , RIGHTS BEHIND BARS, Washington, D.C., for Appellant. Kevin Michael Gallagher , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Samuel Weiss , Washington, D.C., Kelly Jo Popkin , RIGHTS BEHIND BARS, Brooklyn, New York, for Appellant. Mark R. Herring , Attorney General, K. Scott Miles , Deputy Attorney General, Laura Maughan , Assistant Attorney General, Michelle S. Kallen , Acting Solicitor General, Brittany M. Jones , Deputy Solicitor General, Laura H. Cahill , Assistant Attorney General, Rohiniyurie Tashima , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Diaz and Judge Thacker join.

David Richardson, a deaf and blind inmate, claims he was denied the same access and enjoyment available to inmates without disabilities in violation of the Americans with Disabilities Act ("ADA"). And he contends the prison's head covering policies substantially burdened his Islamic faith as prohibited by the Religious...

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