U.S. Court of Appeals for the Eighth Circuit, 2014

Troy Redd v. Dustin Lutgen

Troy Redd v. Dustin Lutgen
U.S. Court of Appeals for the Eighth Circuit · Decided October 3, 2014 · Colloton, Bowman, Shepherd
577 F. App'x 632

Troy Redd v. Dustin Lutgen

Opinion

PER CURIAM.

Troy Redd appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action asserting that several Iowa officials (defendants) violated his right to practice his religion. Upon careful de novo review, we conclude that Redd failed to demonstrate a genuine issue of material fact regarding whether defendants had placed a substantial burden on his ability to practice his religion, and that summary judgment in favor of defendants was thus proper. See Patel v. United States Bureau of Prisons, 515 F.3d 807, 812-13 (8th Cir. 2008) (standard of review; for claims under First Amendment and Religious Land Use and Institutionalized Persons Act, threshold inquiry is whether prisoner has raised material question of fact regarding whether government placed substantial burden on his ability to practice his religion; nonmoving party must present more than scintilla of evidence and must advance specific facts to create genuine issue of material fact for trial).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, adopting the report and recommendations of the Honorable Leonard T. Strand, United States Magistrate Judge for the Northern District of Iowa.

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