District and Circuit Court Cases
Teterud v. Gilman, 385 F.Supp. 153 (S.D. Iowa 1974)
Native American inmate filed action against prison officials, challenging enforcement of prison's hair regulation against Indian inmates.
Hatch v. Goerke, 502 F.2d 1189 (10th Cir. 1974)
Parents of Native American children claimed school regulation requiring the cutting of their son's braided hair violated their parental rights to raise their children according to their own religious, cultural and moral values.
Gallahan v. Hollyfield, 670 F.2d 1345 (4th Cir. 1982)
Cherokee Indian prisoner filed civil rights action challenging Virginia prison regulation governing hair length.
Weaver v. Jago, 675 F.2d 116 (6th Cir. 1982)
Prisoner alleged that prison officials's hair length regulation violated his freedom of religion, his right to govern his personal appearance and his right to the free expression of his African heritage.
Native American Council of Tribes v. Solem, 691 F.2d 382 (8th Cir. 1982)
Native American inmates brought action against prison officials alleging constitutional violations. Native American inmates's families and friends were not allowed to attend and participate in sacred ceremonies inside the prison, nor were the inmates's children allowed inside the prison; Christian inmates, however, were allowed all of these things.
Reinert v. Haas, 585 F.Supp. 477 (S.D. Iowa 1984)
State penitentiary inmates who were practitioners of Native American religion brought civil rights action alleging that prison authorities had interfered with exercise of their religious beliefs and had discriminated against their religion.
Cole v. Fulcomer, 588 F. Supp 772 (M.D. Pa. 1984)
Native American inmate brought civil rights action alleging that prison regulation which required him to cut his hair infringed his right to free exercise of his religion under the First Amendment.
Cole v. Flick, 758 F.2d 124 (3d Cir. 1985),cert. denied, 474 U.S. 921 (1985)
Cherokee Indian inmate brought civil rights action for monetary and injunctive relief on ground that prison regulation that required him to maintain his hair length above the collar infringed upon his right to exercise freely his religious beliefs under the First Amendment.
Capoeman v. Reed, 745 F.2d 1512 (9th Cir. 1985)
Native American prisoner brought civil rights action against prison officials for alleged violation of his First Amendment right to free exercise of religion after the offficials cut his hair against his will.
Indian Inmates of Nebraska Penitentiary v. Grammer, 649 F.Supp. 1374 (D. Neb. 1986), aff'd, 831 F.2d 301 (8th Cir. 1987)
Native American Church inmates brought suit against prison officials who refused to allow them to use sacred peyote in their spiritual ceremonies.
Standing Deer v. Carlson, 831 F.2d 1525 (9th Cir. 1987)
Native American inmates brought action for injunctive and declaratory relief, alleging that prison regulation banning wearing of headbands in dining hall unconstitutionally burdened their ability to practice their religion.
Allen v. Toombs, 827 F.2d 563 (9th Cir. 1987)
Prison inmates brought civil rights action challenging prison policies regarding participation of inmates in segregation unit in rituals of Native American religion, inlcuding denial of sacred sweat lodge and pipe ceremonies.
Pollack v. Marshall, 656 F. Supp. 957 (S.D. Ohio 1987), aff'd, 845 F.2d 656 (6th Cir. 1987), and cert. denied, 488 U.S. 897 (1988)
Lakota Indian inmate brought civil rights action challenging prison hair length regulation.
Sample v. Borg, 675 F.Supp. 574 (E.D. Cal. 1987), vacated as moot, 870 F.2d 563 (9th Cir. 1989)
Native American inmate brought action against prison officials challenging constitutionality of prohibitions against participation in pipe ceremony and possession of headbands, tobacco ties, and medicine bags.
Reed v. Faulkner, 842 F.2d 960 (7th Cir. 1988)
Rastafarian inmate brought action against prison officials charging that they infringed his religious liberty and deprived him of equal protection of law by enforcing against him prison regulation forbidding male inmates to wear their hair so long that it touched their collar, which regulation was not enforced against Native Americans.
Holloway v. Pigman, 884 F.2d 365 (8th Cir. 1989)
Maximum security Native American inmate alleged that prison officials denied him the opportunity to practice his Native American religion in any meaningful way.
Dunavant v. Moore, 907 F.2d 77 (8th Cir. 1990)
Prisoner, member of Church of Jesus Christ Christian/Aryan Nation, claimed that prison grooming policy prohibiting beards longer than two inches violated his First Amendment Rights.
Iron Eyes v. Henry, 907 F.2d 810 (8th Cir. 1990)
Native American inmate brought civil rights action challenging prison regulation requiring all prisoners to wear their hair above the collar.
Benjamin v. Coughlin, 905 F.2d 571 (2d Cir. 1990)
Inmate members of Rastafarian faith challenged prison regulation requiring them to have their hair cut.
Mosier v. Maynard, 937 F.2d 1521 (10th Cir. 1991), cert. denied, 510 U.S. 895
(1993)
Native American inmate brought civil rights action against Oklahoma prison officials, alleging violation of his First Amendment right to free exercise of religion by denying him exemption to prison grooming code.
Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991)
Native American state prisoner brought suit against prison officials for confiscating and destroying his bear tooth necklace and medicine bag, as well as for cutting of his hair, as all violative of his free exercise of religion rights.
Kemp v. Moore, 946 F.2d 588 (8th Cir. 1991), cert. denied, 504 U.S. 917 (1992)
Native American inmate sought to enjoin prison officials from enforcing regulations requiring hair to be cut to collar length.
Bear v. Nix, 977 F.2d 1291 (8th Cir. 1992)
Inmate brought civil rights action seeking order requiring state penitentiary warden and Native American Religion (NAR) consultant to allow him to participate in NAR ceremonies at the prison.
Powell v. Estelle, 959 F.2d 22 (5th Cir. 1992), cert. denied, 506 U.S. 1025 (1992)
Prisoners brought civil rights actions alleging that Texas Department of Criminal Justice's prohibition against long hair and beards violated their First Amendment right to exercise their religion freely (consolidated appeals).
Scott v. Mississippi Dept. of Corrections, 961 F.2d 77 (5th Cir. 1992)
Mississippi State Penitentiary inmates who were members of Rastafari religion brought suit alleging that hair grooming regulation was unconstitutional violation of their free exercise of religion.
Bettis v. Delo, 14 F.3d 22 (8th Cir. 1994)
Native American inmate brought civil rights action against correctional officials alleging violation of First Amendment right to free exercise of religion.
Werner v. McCotter, 49 F.3d 1476 (10th Cir. 1995), cert. denied, 115 S.Ct 2625 (1995)
Native American prisoner brought civil rights action against prison officials, alleging unconstitutional interference with the free exercise of his Native American religion.
Bryant v. Gomez, 46 F.3d 948 (9th Cir. 1995)
Prisoner brought civil rights action seeking to compel prison to provide him with a full religious Pentecostal service.
Besh v. Bradley, 47 F.3d 1167, 1995 WL 68774 (6th Cir. Feb. 17, 1995) (per curiam) (unpublished decision)
Native American death row inmates challenged prison's refusal to allow them: to engage in sweat lodge ceremonies; to wear Native American clothing; to smoke sacred herbs and possess prayer blankets in their cells; and to hold private religious services under the auspices of a religious leader more frequently than once a week.
Belgard v. Hawaii, 883 F. Supp. 510 (D. Hawaii 1995)
Native American prisoner brought civil rights action against prison officials, alleging they violated his free exercise of religion rights by: (i) depriving him of a medicine bag and eagle feathers; (ii) forcing him to cut his hair; and (iii) denying him access to his religious counselor.
Abordo v. Hawaii, 902 F. Supp. 1220 (D. Hawaii 1995)
State prison inmate filed civil rights action against prison officials, alleging that cutting his hair violated constitutional protections afforded by the Religious Freedom Restoration Act.
Trapp v. Dubois, No. 95-0779 (Mass. Sup. Ct 1995)
Massachusetts prison inmates, members of the Native American Spiritual Awareness Council, challenged prison practices of denying them access to Native American spiritual items.
Maute v. Frank, 657 A.2d 985 (Pa. Super. 1995)
Inmate brought action against prison officials, alleging that he was denied opportunity to practice his Native American religion.
Hamilton v. Schriro, 74 F.3d 1545 (8th Cir. 1996), cert. denied, 117 S.Ct 193 (1996)
Native American Inmate brought suit alleging that prison officials violated his First Amendment right to free exercise of religion by requiring him to cut his hair and by denying him access to sweat lodge.
Flores v. City of Boerne, 73 F.3d 1352 (5th Cir. 1996), cert. granted, 117 S.Ct 293 (1996).
Challenge to constitutionality of the Religious Freedom Restoration Act.
Blanken v. Ohio Dept. of Rehabilitation and Correction, 944 F. Supp. 1359 (S.D. Ohio 1996)
Native American prison employee sued Ohio Department of Rehabilitation and Correction, claiming grooming policy requiring short hair violated the Religious Freedom Restoration Act and the free exercise clause.
Lucero v. Hensley, 920 F. Supp. 1067 (C.D. Cal. 1996)
Native American inmates of state prison facility brought civil rights action, alleging prison officials interfered with their ability to practice their Native American religion in violation of the First Amendment's free exercise clause, constituted cruel and unusual punishment under the Eighth Amendment, and violated the Fourteenth Amendment's equal protection clause.
Thomas v. Gunter, 103 F.3d 700 (8th Cir. 1997)
Native American inmate brought section 1983 civil rights suit alleging that denying inmate daily access to prison sweat lodge for prayer violated his constitutional right to free exercise of religion and to equal protection.
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