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RUST v. CLARKE

No. 4:CV 92-3107.

851 F.Supp. 377 (1994)

John RUST, Otha Hart, Jerry Bussard, James Wichman, Leslie Bussard, William Durand, Robert Sams, Colin Allen, James Harlow, Terrance Yager, Robert Costello, and Roy Lyman, Plaintiffs, v. Harold W. CLARKE, individually and as Director of Nebraska Department of Correctional Services; Gary Grammer, individually and as Assistant Director of Adult Institutions for the Nebraska Department of Correctional Services; Frank X. Hopkins, individually and as Warden of the Nebraska State Penitentiary; Robert Houston, individually and as Deputy Warden of the Nebraska State Penitentiary; Mark Rosenau, individually and as the Protestant Chaplain and the Head of the Religion Department for the Nebraska State Penitentiary; Dean Naylor, individually and as the Major for the Custody Force for the Nebraska State Penitentiary; Mario Peart, individually and as Associate Warden/External Operations for the Nebraska State Penitentiary; Kathleen Taylor, individually and as Food Service Director for the Nebraska State Penitentiary; and Mike Kenney, individually and as Deputy Warden of the Nebraska State Penitentiary, Defendants.

United States District Court, D. Nebraska.

April 22, 1994.

Attorney(s) appearing for the Case

David L. Buelt and Daniel L. Rock, Ellick, Jones, Buelt, Blazek & Longo, Omaha, NE, for plaintiffs.

Don Stenberg, Atty. Gen. and Terri M. Weeks, Asst. Atty. Gen., Lincoln, NE, for defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

John Rust and other inmates have sued Harold W. Clarke, and other correctional administrators, contending that the Defendants have denied the Plaintiffs the opportunity to freely exercise their religious beliefs (filing 46, second amended complaint ¶ 21). Defendants have filed a motion for summary judgment (filing 65) in essence asserting that (1) the religious rights of the Plaintiffs have not been violated...

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