U.S. Appeals Court: VISITS RELIGION.

Kikumura v. Hurley, 242 F.3d 950 (10th Cir. 2001). A federal prisoner sued for injunctive relief on the basis of violations of his First and Fifth Amendment rights and violation of the Religious Freedom Restoration Act (RERA) because prison officials had denied him pastoral visits from a Christian minister. The district court denied a preliminary injunction and the prisoner appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that the prisoner failed to show the likelihood of success on the merits of his First Amendment free exercise claim, but that the prisoner did establish his claim of irreparable injury because post-trial relief would not adequately compensate him for any violation of his religious rights. According to the...

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