Legal Opinion · Dissent

Iron Eyes v. Henry

Court of Appeals for the Eighth Circuit

Decided July 3, 1990No. 88-2586Published

1DissentHeaney, Senior Circuit Judge

I dissent. First, the Missouri hair-length regulation unreasonably infringes upon the religious beliefs of Native American inmates because it does not require that exemptions be granted on religious grounds absent the misbehavior of the individual seeking the exemption. The regulation permits exemptions only in the unfettered discretion of prison authorities. The record reveals that no Native American at Farm-ington has ever been approved for an exemption. This arbitrary discretion over exemptions is unjustified because there is no credible evidence that allowing exemptions to a handful of…

2Cases cited10 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987
  4. Thornburgh v. AbbottSupreme Court of the United States · 1989
  5. Lawrence H. Kent v. Perry Johnson and Dale FoltzCourt of Appeals for the Sixth Circuit · 1987

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