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Keesh v. Smith

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Submitted: July 7, 2009

Before: CALABRESI and HALL, Circuit Judges, and SESSIONS, District Judge.*fn1

Plaintiffs-Appellants Tyheem Keesh and Jesus Jova, pro se and incarcerated, appeal a decision of the district court granting the Defendants’ motion for summary judgment and dismissing their 42 U.S.C. § 1983 complaint which alleged several constitutional violations in addition to violations of their rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq. In this opinion, we address only the RLUIPA claims; the other claims are addressed in a separate summary order filed today. We AFFIRM the judgment below in part and VACATE and REMAND it in part.

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