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SAMPLE v. BORG

No. CIV. S-85-0208 LKK.

675 F.Supp. 574 (1987)

Herbert N. SAMPLE, individually and on behalf of all persons similarly situated, and Ronald G. Rivera, individually, Plaintiffs, v. R.G. BORG, Warden of California State Prison at Folsom and the California State Prison at Sacramento and James Roland, as Director of the California State Department of Corrections, Defendants.

United States District Court, E.D. California.

As Amended December 16, 1987.

Attorney(s) appearing for the Case

Jay B. Petersen, Steven Hirsh, Michael S. Pfeffer, California Indian Legal Services, San Francisco, Cal., for plaintiffs.

John K. Van De Kamp, Atty. Gen. of the State of Cal., Cathy A. Neff, Supervising Deputy Atty. Gen., Sacramento, Cal., for defendants.

OPINION AND ORDER AFTER TRIAL

KARLTON, Chief Judge.

In this case the court is asked to determine whether the Constitution of the United States inhibits the power of the Warden of the California State Prison at Sacramento to determine that certain prisoners may not participate in any outward manifestation of their religious belief. More precisely, the suit relates to the limitations imposed upon adherents of traditional Native American religion incarcerated...

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