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Mondrea Vinning-El v. Johnevans and Rick Sutton

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ARGUED FEBRUARY 25, 2011

Before EASTERBROOK, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

While he was confined at Pinckneyville Correctional Center, Mondrea Vinning-El asked for a vegan diet. He told the prison’s chaplain, Rick Sutton, that he adheres to the Moorish Science Temple of America. Sutton turned Vinning-El down, observing that the tenets of Moorish Science require a non-pork diet, which can include dairy products and many kinds of meat and fish. Vinning-El, who contends that his religious beliefs require a vegan diet no matter what other members of his sect believe, then filed this suit against Sutton and John Evans, the warden, under both 42 U.S.C. §1983 and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc to 2000cc–5. Both defendants moved for sum-mary judgment, which the district court granted on the RLUIPA claim and denied on the §1983 claim. 694 F. Supp. 2d 1009 (S.D. Ill. 2010). Defendants have taken an interlocutory appeal, contending that they are entitled to the benefit of qualified immunity.

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