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BEST v. KELLY

No. 87-CV-1065C.

879 F.Supp. 305 (1995)

Hillary BEST, Plaintiff, v. Walter R. KELLY, Frederick N. Richardson, William McNulty, Jeff Carter, Reuven Schwartz, Thomas Coughlin, and Earl B. Moore, Defendants.

United States District Court, W.D. New York.

March 16, 1995.

Attorney(s) appearing for the Case

Brockway Law Offices (Bryan G. Brockway, of counsel), Buffalo, NY, for plaintiff.

Dennis C. Vacco, Atty. Gen. of the State of N.Y. (Andrew Lipkind, Asst. Atty. Gen., of counsel), Buffalo, NY, for defendants.

CURTIN, District Judge.

Plaintiff has filed suit under 42 U.S.C. § 1983, claiming that his First Amendment rights to free exercise of religion were violated because he was removed from the Attica Correctional Facility's alternative diet and not permitted to attend services of the Jewish congregation in the prison. Plaintiff arrived at the Attica Correctional Facility in March of 1986 and stayed there until July 1988, when he transferred out of Attica at his own...

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