Ahmad v. Furlong
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
Appellants Mike Ehrmann, a corrections officer at Colorado’s Sterling Correctional Facility (SCF), and Robert Furlong, a former warden of the facility, appeal the district court’s refusal to decide whether they are entitled to qualified immunity on a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq. The district court held that it need not address the merits of the defense because their Amended Answer did not raise qualified immunity as a defense to the RLUIPA claim. Even accepting the district court’s view that the…
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