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Date: 07-18-2023

Case Style:

Andrew T. Miller v. William K. Marshall, et al.

Case Number: 2:23-CV-00304

Judge: Joseph R. Goodwin

Court: United States District Court for the Southern District of West Virginia (Kanawha Country)

Plaintiff's Attorney:




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Defendant's Attorney: Jonathan M. Calhoun

Description: Charleston, West Virginia civil rights lawyer represented Plaintiff who sued Defendant seeking an injunction

The question presented by this case is whether the state of West Virginia may validly require incarcerated individuals, as a condition of eligibility for parole, to complete a substance abuse treatment program alleged to involve pervasive religious elements. Despite its longstanding nature, West Virginia's program has never previously faced judicial scrutiny. In other states, however, numerous courts have reviewed similar programs and unanimously found them to contain “such substantial religious components that governmentally compelled participation in [them] violate[s] the Establishment

Outcome: Granted.

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Defendant's Experts:

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