Fifth Circuit – Page 5

Navajo Boy Sent Home for Having Long Hair on First Day of School

August 28, 2014August 28, 2014Kate Fort1 Comment

Here is one of many articles.

And here is what the Fifth Circuit has already said about such nonsense regarding the treatment of another 5-year-old in Texas:

A Native American boy and his parents challenge a school district’s requirement that he wear his long hair in a bun on top of his head or in a braid tucked into his shirt. We agree with the district court that the requirement offends a sincere religious belief and hold it invalid under Texas law.

And as @NativeApprops pointed out, one might also check out the name of the district and the mascot where this happened.

Fifth Circuit Holds Eagle Act Regulations May Violate RFRA

August 20, 2014August 20, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion.

An excerpt:

Appellants filed suit against the Department of the Interior (the
“Department”) seeking a declaration of rights that the Department’s enforcement of the Migratory Bird Treaty Act (the “MBTA”) and the Bald and Golden Eagle Protection Act (the “Eagle Protection Act”) violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (“RFRA”) because it prohibits American Indians who are not members of federally recognized tribes from possessing bald and golden eagle feathers. The district court granted the Department’s motion for summary judgment, finding that the Department’s implementation of the Eagle Protection Act was narrowly tailored to a compelling governmental interest. Because we find that the Department did not provide sufficient evidence that the policy of limiting permits for the possession of eagle feathers to members of federally recognized tribes survives the scrutiny required by RFRA, we REVERSE the district court’s grant of summary judgment and REMAND for proceedings consistent with this opinion.

Briefs here.

Alabama-Coushatta Loses Aboriginal Title Claim at Fifth Circuit

July 11, 2014July 11, 2014Matthew L.M. Fletcher

Here is the opinion in Alabama-Coushatta Tribe v. United States.

We posted briefs here.

H/T Pechanga.

NCAI and Huy Amicus Brief Supporting Cert Petition of Native Prisoner

March 14, 2014Matthew L.M. Fletcher3 Comments

Here is the amicus brief in Knight v. Thompson:

Knight – NCAIHuyCertAmicus

Lower court materials are here.

Fifth Circuit Briefs in Alabama-Coushatta Tribe v. United States — Land Claims Judgment Suit

December 11, 2013Matthew L.M. Fletcher1 Comment

Here:

Alabama-Coushatta Opening Brief

US Appellee Brief

Alabama-Coushatta Reply Brief

Lower court materials here.

Fifth Circuit Largely Rules Against American Indian Prisoner in RLUIPA Case

October 3, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Chance v. Texas Dept. of Criminal Justice:

Chance v. TDCJ Decision

Chance – Opening Brief (FILED)

Amicus Brief of Pan-American Indian Association

Texas– Appellee Brief

An excerpt:

Plaintiff-Appellant William Chance, Jr. (“Chance”) is a prisoner currently incarcerated by the Texas Department of Criminal Justice (“TDCJ”). Chance filed suit under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) alleging that TDCJ has failed to accommodate several tenets of his Native American religion, including: (1) personal participation in a pipe-smoking ceremony, (2) participation in a minimum number of various ceremonies, (3) indoor smoke-wafting, and (4) personal possession of a lock of a deceased relative’s hair. We agree with the district court that the summary judgment record demonstrated that the prison policies associated with Chance’s first three complaints are the least restrictive means of furthering TDCJ’s compelling interests. However, we disagree with the district court that summary judgment was appropriate on Chance’s claim that prohibiting the possession of a lock of a relative’s hair was not the least restrictive means of furthering TDCJ’s compelling interests. We therefore AFFIRM the district court’s judgment in part, and VACATE and REMAND it in part.