Pouncil v. Tilton, et al, No. 10-16881 (9th Cir. 2012)Annotate this Case
Plaintiff, a state prisoner, asserted that denials by prison officials of his request for a conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., and the First Amendment, by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The court held that because plaintiff's claim was based on an independently wrongful, discrete act in 2008, which was the denial of his request for conjugal visits with his second wife, his claims were not time-barred, notwithstanding the denial, pursuant to the same regulation, of his prior requests for conjugal visits with his first wife in 2002.