Allsbrook v. Terrangi
Opinion
Joseph M. Allsbrook appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. As to Allsbrook’s claim he received inadequate medical care, we affirm the district court’s order denying relief. As to Allsbrook’s claim that the prison drug rehabilitation program was unconstitutional under the First Amendment because it required participants to recite a creed, we affirm the district court’s order denying relief. As to Allsbrook’s assertion that the prison drug rehabilitation program was unconstitutional under the First Amendment because it required him to watch a video recommending participation in a Christian or religious fellowship group, we vacate the district court’s dismissal of this claim for failure to exhaust administrative remedies and remand to the district court for further review, noting the record reveals that on November 8, 2002, Allsbrook filed an unsuccessful grievance regarding this claim. *521 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. Allsbrook’s motion for appointment of counsel is denied.
AFFIRMED IN PART, VACATED IN PART, AND REMANDED
Reference
- Full Case Name
- Joseph M. ALLSBROOK, Plaintiff-Appellant, v. P.A. TERRANGI, Warden, Indian Creek Correctional Center; James Keeling, Former Assistant Warden, Programs; Laura Corrners, Former Assistant Warden, Programs; Maxine Porcher, Director of Therapeutic Program, Indian Creek Correctional Center; Dr. Lalani McCann, Former Director of Medical, Indian Creek Correctional Center; Ms. Bilal, Clinical Social Worker, Supervisor (Housing Unit 6), Indian Creek Correctional Center; Mr. Meyer, Clinical Social Worker, Housing Unit 6A, Indian Creek Correctional Center; Mr. Warr, Clinical Social Worker, Housing Unit 6B, Indian Creek Correctional Center; Ms. Neives; Dr. Edelman, Administrator, Prison Health Services; Dr. Lewin, Defendants-Appellees. and Dr. Vernon Smith, Director of Health Services, Virginia Department of Corrections; Ms. Dotson, a Former Employee of the Medical Department at Indian Creek Correctional Center as Head Nurse; And Others, Defendants
- Cited By
- 1 case
- Status
- Unpublished