Christopher Deaton v. Arkansas Dept. of Correction
Opinion of the Court
Arkansas prisoner Christopher Deaton appeals the district court’s
. The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the reports and recommendations of the Honorable Jerome T. Kear-ney, United States Magistrate Judge for the Eastern District of Arkansas.
Dissenting Opinion
dissenting.
The Supreme Court granted certiorari in Holt v. Hobbs, — U.S. -, 134 S.Ct. 1490, 188 L.Ed.2d 391 (2014), to consider the following question: “Whether the Arkansas Department of Correction’s grooming policy violates the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et seq., to the extent it prohibits petitioner from growing a one-half-inch beard in accordance with his religious beliefs.” Id. at 1512. The case was argued on October 7, 2014, and a decision is likely to be issued soon.
This case is factually distinguishable from Holt, because appellant Deaton — like the prisoner in Fegans v. Norris, 537 F.3d 897 (8th Cir. 2008)—claims a right based on RLUIPA to grow a full beard in accordance with his religious beliefs. But the Court’s reasoning in Holt will inform how Deaton’s claim should be analyzed and whether Fegans has continuing vitality. In the interest of judicial economy, I would hold this case briefly pending a decision in Holt rather than burden Mr. Deaton with the need to file a petition for writ of certiorari to secure an order granting cer-
Reference
- Full Case Name
- Christopher DEATON, Plaintiff-Appellant v. ARKANSAS DEPARTMENT OF CORRECTION; Ray Hobbs, Director, Arkansas Department of Correction; Larry Norris, Former Director, Arkansas Department of Correction; Larry May, Chief Deputy Director, Arkansas Department of Correction; Raymond Naylor, Hearing Officer Administrator, Arkansas Department of Correction; Danny Burl, Warden, East Arkansas Regional Unit, ADC; Greg Harmon, Former Warden, East Arkansas Regional Unit, ADC; Richard Todd Ball, Deputy Warden, East Arkansas Regional Unit, ADC; Dexter Payne, Deputy Warden, East Arkansas Regional Unit, ADC; Steve Outlaw, Former Deputy Warden, East Arkansas Regional Unit, ADC; Essie Clay, DHO, Arkansas Department of Correction; Minnie L. Drayer, DHO, Arkansas Department of Correction; Lahan Ester, Former DHO, Arkansas Department of Correction; Justine Minor, DHO, Arkansas Department of Correction; Curtis Rolfe, Former DHO, Arkansas Department of Correction; Lorie Taylor, DHO, Arkansas Department of Correction; Jeremy C. Andrews, Chief Security Officer, East Arkansas Regional Unit, ADC; DeAngelo M. Earl, CSO, East Arkansas Regional Unit, ADC; Clinton Wade Hall, CSO, East Arkansas Department of Correction; Clarence Kelley, CSO, East Arkansas Regional Unit, ADC; Maurice Williams, CSO, East Arkansas Regional Unit, ADC; Moses Jackson, Captain, East Arkansas Regional Unit, ADC; Wallace MacNary, Captain, East Arkansas Regional Unit, ADC; Janice Gray, Law Library Supervisor, East Arkansas Regional Unit, ADC; Derrick Harris, Corporal, Arkansas Department of Correction, Defendants-Appellees
- Status
- Unpublished