Ind v. Colorado Dept. of Corrections, No. 14-1168 (10th Cir. 2015)
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Appellee Jacob Ind had been incarcerated in Colorado state prisons since 1992. At the time he filed this lawsuit on in 2009, he was in administrative segregation at the Colorado State Penitentiary ("CSP") subject to a limit of two personal books imposed by the Colorado Department of Corrections
("CDOC"). Appellee filed this action pursuant to 42 U.S.C. 1983, claiming the book limit was a substantial burden on his sincerely-held religious beliefs in violation of his constitutional rights and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). In 2011, appellee was transferred out of administrative segregation and into the general population, where he was allowed 15 personal books. The CDOC moved to dismiss the case as moot. Although the magistrate judge recommended the motion be granted, the district court concluded appellee would likely be returned to segregation in the future and denied the motion. Following a bench trial, the court held CDOC's two-book policy violated appellee's rights under RLUIPA and directed that, in the event appellee returned to administrative segregation at CSP, CDOC would be enjoined from enforcing the policy against him. CDOC appealed, arguing again that the case was moot. After review, the Tenth Circuit held that appellee's transfer from administrative segregation to the general population indeed mooted his claim, thereby depriving the Court of jurisdiction.
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