Legal Opinion

Abernathy v. Cunningham

Court of Appeals for the Fourth Circuit

Decided April 1, 1968No. 11608PublishedCited by 38 opinions

1Opinion of the Court

BOREMAN, Circuit Judge:

Abernathy, a Virginia prisoner, petitioned the district court to order his release from the maximum security building at the Virginia State Penitentiary at Richmond and, further, to grant him certain relief in matters incident to the free exercise of his religion, Islam. After several conferences, the court scheduled a hearing for February 1967. The hearing was recessed, however, to permit the respondents to file an amended answer advising the court of the penitentiary’s recently inaugurated regulations concerning Muslim prisoners.1 Al*777though many of this prisoner’s…

2Cases cited8 opinions

  1. Price v. JohnstonSupreme Court of the United States · 1948
  2. Robert Jewell Landman, Sr. v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1966
  3. William Howard v. W. Frank Smyth, Jr., Director, Virginia Division of CorrectionsCourt of Appeals for the Fourth Circuit · 1966
  4. Arthur L. Rivers v. M. L. Royster, Assistant Superintendent Virginia State FarmCourt of Appeals for the Fourth Circuit · 1966
  5. Banks v. HavenerDistrict Court, E.D. Virginia · 1964

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3Cited by38 opinions

  1. Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
  2. Landman v. RoysterDistrict Court, E.D. Virginia · 1971
  3. Charles A. L. Almond v. John E. Kent, Sheriff of Augusta County, VirginiaCourt of Appeals for the Fourth Circuit · 1972
  4. United States v. Richard Huss and Jeffrey SmilowCourt of Appeals for the Second Circuit · 1975
  5. Richard X. Brown v. C. C. Peyton, Etc.Court of Appeals for the Fourth Circuit · 1971

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