October 04th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Tucker v. Collier

Docket: 15-41643
Opinion Date: October 3, 2018
Judge: Jennifer Walker Elrod
Areas of Law: Civil Rights

After officials of the TDCJ banned incarcerated adherents of the Nation of Gods and Earth from congregating together as their religion requires, plaintiff filed suit under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Fifth Circuit vacated the district court's grant of summary judgment to defendants, holding that the state failed to make any argument that its ban on Nation assembly did not substantially burden plaintiff's exercise of his sincere religious beliefs. The court also held that there were genuine disputes of material fact as to whether the state's ban advanced a compelling interest through the least restrictive means. The court affirmed the district court's judgment on the issue of exhaustion of plaintiff's other claims.

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