Judge Throws Out Peyote Lawsuit

Judge Throws Out Peyote Lawsuit


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SALT LAKE CITY (AP) -- A federal judge has dismissed a lawsuit filed by a Utah County couple who claimed the government infringement on their constitutional right to use peyote in religious ceremonies.

U-S District Judge David Sam ruled that James "Flaming Eagle" Mooney and Linda Mooney have no basis to sue Utah County.

The judge also threw out the Mooneys' claims against the United States and the state of Utah.

Federal prosecutors in February dropped charges of illegally distributing peyote that had been filed against the couple. The announcement came one day after the U-S Supreme Court ruled in an unrelated case involving a hallucinogenic tea.

James Mooney said he didn't want to comment until he and his wife speak to their lawyer.

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Information from: The Salt Lake Tribune, http://www.sltrib.com

(Copyright 2006 by The Associated Press. All Rights Reserved.)

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