Christopher Ware v. Louisiana Department of Corr

866 F.3d 263, 2017 WL 3205804, 2017 U.S. App. LEXIS 13750
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 28, 2017
Docket16-31012
StatusPublished
Cited by14 cases

This text of 866 F.3d 263 (Christopher Ware v. Louisiana Department of Corr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher Ware v. Louisiana Department of Corr, 866 F.3d 263, 2017 WL 3205804, 2017 U.S. App. LEXIS 13750 (5th Cir. 2017).

Opinion

KING, Circuit Judge:

Plaintiff-Appellant Christopher Ware is an inmate in the custody of the Louisiana Department of Corrections and an adherent of the Rastafari religion. As a tenet of his religion, Ware took a vow to not cut or style his hair. In the ensuing years, Ware’s hair has formed into dreadlocks that fall past his shoulders. Department of Corrections grooming policies prohibit inmates housed in a Department of Corrections prison from having dreadlocks. Ware filed suit seeking a declaration that the Department of Corrections grooming policies violated the Religious Land Use and Institutionalized Persons Act and an injunction against the grooming policies being applied to him. After a bench trial, the district court denied Ware’s requested declaratory and injunctive relief. Because we conclude that the Department of Corrections failed to satisfy its burden to show the policies are the least restrictive means of serving a compelling interest, we REVERSE the district court’s judgment and RENDER judgment for Ware.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts

Christopher Ware, an adherent of the Rastafari religion, is currently an inmate in the custody of the Louisiana Department of Corrections (DOC). As an exercise of his Rastafari faith, around 2011 or early 2012, Ware took a vow not to cut or style the hair on his head. Since taking this vow, Ware has allowed his hair to continue to grow and form' dreadlocks, and he would “[n]ot willing!/’ cut these dreadlocks. Ware describes his dreadlocks as compacted strands of “coarse-feeling” and “flexible” hair. Each dreadlock is no more than one-quarter inch thick. At the time of the bench trial, Ware had approximately 16 dreadlocks, each of which extended in length to just below his shoulders. Ware maintains his dreadlocks by keeping them separated at his scalp, but they form on their own—he does not braid or otherwise style them.

Ware is in DOC’s custody while serving two concurrent sentences of 40 years of hard labor resulting from a 2014 conviction (through a guilty plea) for two counts of sexual battery. Ware is currently incarcerated at Bossier Parish Medium Security *267 Jail (Bossier)—a facility run by the Bossier Parish Sheriff—but, due to the length of his sentence, must be transferred to a prison run by DOC. 1 Bossier permits Ware’s dreadlocks but, upon transfer to a DOC prison, Ware will be subject to DOC regulations (the ’grooming policies), which the parties stipulate do not permit Ware’s dreadlocks. Furthermore, the grooming policies do not allow for any religious exemption.

B. Proceedings

Facing imminent transfer to a DOC prison, Ware filed suit against DOC and its secretary, James LeBlanc (collectively, DOC), in June 2014. His complaint alleged that the grooming policies impose a substantial burden on his religious practice of not cutting or styling his hair (resulting in his dreadlocks) and are not the least restrictive means of achieving any compelling interest. It sought declaratory and injunctive relief under the Religious Land Use and Institutionalized Persons Act (RLUIPA), namely a declaration that application of the grooming policies violated his rights and a prohibition against DOC’s punishing him for refusing to cut his hair.

The district court held a two-day bench trial in February 2016 at which eight witnesses testified. On September 12, 2016, the district court denied Ware’s request for declaratory and injunctive relief and dismissed his complaint with prejudice. The district .court concluded that the grooming policies were the least restrictive means of achieving four legitimate and compelling DOC interests: (1) contraband control, (2) offender identification, (3) offender hygiene, and (4) inmate and employee safety. Accordingly, the district court concluded that the grooming policies’ prohibition on Ware’s dreadlocks did not violate-RLUIPA, Ware timely appeals. ■

II. STANDARD OF REVIEW

Following a bench trial, we -review the district court’s findings of fact for clear error , and its conclusion of law de novo. Ali v. Stephens, 822 F.3d 776, 783 (5th Cir. 2016). In the. RLUIPA, context specifically, the question of whether the prison has met its burden is' “best characterized as a mixed, question of fact and law ... subject to de novó review” because the answer is “highly dependent on a number of underlying factual issues.” Id. at 784 (quoting Garner v. Kennedy, 713 F.3d 237, 242 (5th Cir. 2013)). Accordingly, we review the district court’s factual findings for clear error but review de novo “its application of those findings in determining whether the challenged government action is in furtherance of a compelling governmental interest and is the least restrictive means to advancing that interest.” Id.

III. DISCUSSION

Ware argues that DOC’s grooming policies as- applied to him violate RLUIPA. As an initial matter, we lay out the statutory backdrop against which we must evaluate Ware’s claim.

A. The Statutory Scheme

RLUIPA prohibits imposing a substantial burden on an inmate’s religious exercise unless that burden furthers a compelling interest and is the least restrictive means of furthering that interest. 42 U.S.C. § 2000cc-l(a). RLUIPA provides a private cause of action for an inmate to *268 enforce this right. Id. § 2000cc-2(a). It states, in relevant part: .

No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution .., even if the burden results from ,a rule of general applicability, unless the government demonstrates that imposition of the burden on that person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.

Id. at § 2000cc-l(a). “Congress enacted RLUIPA to address ‘frivolous or arbitrary' barriers impeding [inmates’] religious exercise .... ” Davis v. Davis, 826 F.3d 258, 264 (5th Cir. 2016) (quoting Cutter v. Wilkinson, 544 U.S. 709, 716, 125 S.Ct. 2113, 161 L.Ed.2d 1020 (2005)). The Supreme Court recently emphasized the expansive nature of RLUIPA’s provisions: “Congress enacted RLUIPA ... ‘in order to provide very broad protection for religious liberty.’” Holt v. Hobbs, — U.S. —, 135 S.Ct. 853, 859, 190 L.Ed.2d 747 (2015) (quoting Burwell v. Hobby Lobby Stores, Inc., — U.S. —, 134 S.Ct. 2751, 2760, 189 L.Ed.2d 675 (2014)).

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Bluebook (online)
866 F.3d 263, 2017 WL 3205804, 2017 U.S. App. LEXIS 13750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-ware-v-louisiana-department-of-corr-ca5-2017.