Powers v. Clarke et al, No. 3:2011cv00763 - Document 58 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 09/17/2014. Copy mailed to Plaintiff. (walk, )
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IN THE UNITED STATES DISTRICT COURT E n l SEP I 7 2014 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division Plaintiff, Civil Action No. 3:11CV763-HEH v. HAROLD CLARKE, et al.9 Defendants. MEMORANDUM OPINION (Granting Defendants' Motion for Summary Judgment) James Powers, a Virginia prisoner proceeding pro se and informa pauperis, brings this action pursuant to 42 U.S.C. § 1983.' Powers is a member of the Nation ofGods and Earths ("NGE"). The Virginia Department of Corrections ("VDOC") has classified the NGE as "a gang rather than [as] a spiritual group." (Compl. ^ 12.) In 2011, Powers wrote a letter seeking to have the VDOC recognize the NGE as a religion. (Id. f 11.). Powers's request was denied "based on the NGE being classified [as] a gang." (Id. ^ 10.) Powers contends that this classification has placed a "substantial burden on " (Id. %12.) The VDOC policy of labeling NGE as a gang precludes The statute provides, in pertinent part: Every person who, under color of any statute ... of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.... 42 U.S.C. §1983. l^\ E CLERK, U.S. DISTRICT COURT RICHMOND, VA JAMES POWERS, Plaintiff ie
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