X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Juan Leonel Longoria, a Texas prisoner, filed this pro se action against the director of the Texas Department of Criminal Justice-Institutional Division (TDCJ-ID) and the warden of the Robertson Unit, claiming his right to exercise his religion was denied when they denied him permission to grow his hair. HOLDING:Affirmed. Longoria maintains the district court erred in dismissing his claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. �2000cc-1(a). RLUIPA is not cited in Longoria’s prisoner form complaint, which alleged a general violation of his “freedom to exercise [his] religious tenets in conformity with [his] religion” and his “right to practice [his] religion as a Mexica Nahua Native American.” Although the recording for Longoria’s Spears hearing is inaudible, because the district court addressed claims by Longoria under RLUIPA in its order dismissing this action, sufficient information was provided at the Spears hearing to constitute a RLUIPA claim’s being made. The same grooming policy has been addressed under the Religious Freedom Restoration Act, RLUIPA’s predecessor. Because the test under RLUIPA is sufficiently the same as that previously imposed under RFRA, TDCJ-ID did not violate Longoria’s rights by, pursuant to the grooming policy, denying him permission to grow his hair. OPINION:Per curiam; King, Barksdale and Dennis, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.