Legal Opinion

Rust v. Clarke

District Court, D. Nebraska

Decided April 22, 1994No. 4:CV 92-3107PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

John Rust and other inmates have sued Harold W. Clarke, and other correctional administrators, contending that the Defendants have denied the Plaintiffs the opportunity to freely exercise their religious beliefs (filing 46, second amended complaint ¶21). Defendants have filed a motion for summary judgment (filing 65) in essence asserting that (1) the religious rights of the Plaintiffs have not been violated; and, (2) even if the religious rights of the Plaintiffs were violated, the Defendants have Eleventh Amendment and qualified immunity from damages.

A…

2Cases cited8 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987
  5. Elmer J. Lappe v. Paul Loeffelholz, Dr. Wiedershine and Harlem BradyCourt of Appeals for the Eighth Circuit · 1987

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3Cited by18 opinions

  1. Ronald C. Brown v. Hot, Sexy and Safer Productions, Inc.Court of Appeals for the First Circuit · 1995
  2. Nathaniel Lindell v. Scott McCallumCourt of Appeals for the Seventh Circuit · 2003
  3. United States v. HardmanCourt of Appeals for the Tenth Circuit · 2002
  4. Webman v. Federal Bureau of PrisonsCourt of Appeals for the D.C. Circuit · 2006
  5. Muhammad v. City of New York Dept. of CorrectionsDistrict Court, S.D. New York · 1995

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