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· 3/2/2006

Garry A. Borzych v. Matthew J. Frank

Citations

  • 439 F.3d 388
  • 2006 U.S. App. LEXIS 5278
  • 2006 WL 488451

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that ban of particular Odinist literature did not violate RLUIPA and thus did not violate First Amendment
  • holding that a complete ban on the possession of certain books that the plaintiff claimed were necessary to practice his religion was the “least restrictive means to promote a compelling state interest in safety”
  • finding that redacting objectionable passages in books, rather than banning the books altogether, was “not a realistic option”
  • noting that actions that do not substantially burden religious exercise cannot support claim under RLUIPA
  • explaining that because “[the plaintiff's] only evidence on this point is his unreasoned say-so,” the lack of objective evidence is “insufficient to create a material dispute”
  • declining to consider a prisoner’s constitutional claims, and considering solely his RLUIPA claim after noting the heightened protection it offers

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Easterbrook, Evans

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.