Van Wyhe v. Reisch, No. 08-1409
In a prisoners' action against South Dakota prison officials claiming violations of their free exercise of religion under the First Amendment and Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), denial of summary judgment for defendants is affirmed in part, reversed in part and dismissed in part where: 1) denial of summary judgment on the plaintiffs' official capacity RLUIPA claims for monetary was improper as RLUIPA is constitutional and prison officials are entitled to the protection of sovereign immunity from monetary damages; 2) denial of summary judgment on plaitniff's injunctive relief claims for a tape player and extra group study time under RLUIPA and the First Amendment Free Exercise Clause was error; and 3) the court of appeals lacked jurisdiction to consider plaintiff's claim for a succah and his retaliation claims due to the existence of genuine disputes of material fact.
Submitted: November 13, 2009
Filed: September 10, 2009
Opinion by Hansen, Circuit Judge