Legal Opinion

Melvin A. McCabe and Mark H. Madsen v. Arvon J. Arave, Warden, Idaho State Penitentiary Al Murphy, Director, Idaho State Department of Corrections

Court of Appeals for the Ninth Circuit

Decided September 11, 1987No. 86-3640PublishedCited by 138 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This case requires us to determine the constitutionality of regulations governing prisoners at the Idaho State Correctional Institution in Boise. We affirm the district court’s judgment in favor of the state on the issues of group worship and group study by Church Jesus Christ Christian (CJCC) close-custody inmates, but reverse it as to the ban on storage of CJCC literature in the chapel library. We also vacate the portion of the judgment that pertains to facial hair and pork-free diets.

I. Background

McCabe and Madsen, 1 members of the CJCC, are close-custody…

2Cases cited26 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. Cruz v. BetoSupreme Court of the United States · 1972
  5. Procunier v. MartinezSupreme Court of the United States · 1974

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3Cited by138 opinions

  1. Williams v. LaraTexas Supreme Court · 2001
  2. Robert Michenfelder v. George Sumner Lieutenant Koon C/o Horn C/o Leslie Sgt Jenae Holmes Sgt Stuffelbeam James ParkerCourt of Appeals for the Ninth Circuit · 1988
  3. Sutton v. RasheedCourt of Appeals for the Third Circuit · 2003
  4. Rufus E. Cunningham v. County of Los Angeles, and Richard Eiden, Real-Party-In-Interest-AppellantCourt of Appeals for the Ninth Circuit · 1989
  5. Dale E. Harper v. Clyde Wallingford Larry Kincheloe W.L. Kautsky an Unnamed Mailroom Staff Member at W.S.P., A/K/A "d.s."Court of Appeals for the Ninth Circuit · 1989

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