U.S. Court of Appeals for the Fourth Circuit, 2004

Allsbrook v. Terrangi

Allsbrook v. Terrangi
U.S. Court of Appeals for the Fourth Circuit · Decided August 18, 2004 · Motz, King, Duncan
105 F. App'x 520

Allsbrook v. Terrangi

Opinion

PER CURIAM:

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

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