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MAJOR TOPICS
Whether an inmate may sue prison officials in their individual capacity for damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for forcibly shaving his head against his religious beliefs. The U.S. Supreme Court has previously held that individuals may sue officials in their individual capacity for damages under a related statute, the Religious Freedom Restoration Act (RFRA). Although the plaintiff in this case is a non-Native Rastafarian inmate, the outcome of this case is important to Indian Country, as Native people have been forced by government actors to cut their hair in violation of religious or cultural beliefs.
BACKGROUND
Upon transfer to another Louisiana state prison, a non-Native Rastafarian inmate presented prison officials with a copy of a court opinion from the U.S. Court of Appeals for the Fifth Circuit holding that he was entitled to a religious exemption to the prison’s short hair policy and could keep his locks. The prison officials tore up the opinion, strapped him down, and forcibly shaved his head. Following precedent, a Louisiana federal court dismissed Landor’s RLUIPA damages claim, and the Fifth Circuit affirmed the dismissal. A divided Fifth Circuit denied rehearing en banc. Landor filed a petition for certiorari to the U.S. Supreme Court, which granted cert on June 23, 2025. The case is scheduled for oral argument on November 10, 2025.
QUESTION PRESENTED
Whether an individual may sue a government official in his or her individual capacity for damages for violations of RLUIPA.
TRIBAL AMICUS
The Tribal amicus brief provides context and history regarding the suppression of Native American religious practices, both as a broad tool of assimilation and specifically unshorn hair in the prison context. The brief highlights that cultural and religious practices are a crucial component of rehabilitation for Native inmates.
USET INTEREST AND INVOLVEMENT
In supporting the Tribal amicus brief, USET SPF has joined the National Congress of American Indians (NCAI) and Huy (a non-profit supporting religious and cultural programming for Native American inmates). USET SPF has an interest in protecting and defending Native people’s religious and cultural rights and freedoms and in educating the Court and the public about Tribal Nations’ history and perspectives, particularly in cases originating on or near the Tribal homelands of USET’s member Tribal Nations. Here, the Court would benefit from briefing on the issue of forced haircuts and other violations of Native religious and cultural freedoms aimed at assimilation—both inside and outside the prison setting. A positive outcome in this case would help Native inmates throughout the country hold officials accountable for violations of their religious and cultural liberties.
CASE INFORMATION
Landor v. Louisiana Department of Corrections, No. 23-1197, before the U.S. Supreme Court.
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