Joseph M. Allsbrook v. P. A. TERRANGI, Warden, Indian Creek Correctional Center

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6520
JOSEPH M. ALLSBROOK,
Plaintiff - Appellant,
versus
P. A. TERRANGI, Warden, Indian Creek
Correctional Center; JAMES KEELING, Former
Assistant Warden, Programs; LAURA CORRNERS,
Former Assistant Warden, Programs; MAXINE
PORCHER, Director of Therapeutic Program,
Indian Creek Correctional Center; DR. LALANI
MCCANN, Former Director of Medical, Indian
Creek Correctional Center; MS. BILAL, Clinical
Social Worker, Supervisor (Housing Unit 6),
Indian Creek Correctional Center; MR. MEYER,
Clinical Social Worker, Housing Unit 6A,
Indian Creek Correctional Center; MR. WARR,
Clinical Social Worker, Housing Unit 6B,
Indian Creek Correctional Center; MS. NEIVES;
DR. EDELMAN, Administrator, Prison Health
Services; DR. LEWIN,
Defendants - Appellees.
and
DR. VERNON SMITH, Director of Health Services,
Virginia Department of Corrections; MS.
DOTSON, a Former Employee of the Medical
Department at Indian Creek Correctional Center
as Head Nurse; AND OTHERS,
Defendants.
Rehearing granted, January 7, 2005

-- 1 of 3 --

- 2 -
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-03-114)
Submitted: July 28, 2004 Decided: August 18, 2004
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished per
curiam opinion.
Joseph M. Allsbrook, Appellant Pro Se. Mark Ralph Davis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Jeff Wayne
Rosen, Lisa Ehrich, PENDER & COWARD, P.C., Virginia Beach,
Virginia; Edward Joseph McNelis, III, John David McChesney, RAWLS
& MCNELIS, P.C., Richmond, Virginia; Roy Barrow Blackwell, Mary
Elizabeth Sherwin, KAUFMAN & CANOLES, Norfolk, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 2 of 3 --

- 3 -
PER CURIAM:
Joseph M. Allsbrook appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2000) complaint. As to
Allsbrook’s claim he received inadequate medical care, we affirm
the district court’s order denying relief. As to Allsbrook’s claim
that the prison drug rehabilitation program was unconstitutional
under the First Amendment because it required participants to
recite a creed, we affirm the district court’s order denying
relief. As to Allsbrook’s assertion that the prison drug
rehabilitation program was unconstitutional under the First
Amendment because it required him to watch a video recommending
participation in a Christian or religious fellowship group, we
vacate the district court’s dismissal of this claim for failure to
exhaust administrative remedies and remand to the district court
for further review, noting the record reveals that on November 8,
2002, Allsbrook filed an unsuccessful grievance regarding this
claim. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
Allsbrook’s motion for appointment of counsel is denied.
AFFIRMED IN PART,
VACATED IN PART, AND REMANDED

-- 3 of 3 --