Jova v. Smith

Plaintiffs-Appellants Tyheem Keesh and Jesus Jova, pro se and incarcerated, appeal a decision of the district court granting the Defendants’ motion for summary judgment and dismissing their 42 U.S.C. § 1983 complaint which alleged several constitutional violations in addition to violations of their rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq. In this opinion, we address only the RLUIPA claims; the other claims are addressed in a separate summary order filed today. We AFFIRM the judgment below in part and VACATE and REMAND it in…