Legal Opinion · Concurrence

Stephen James Earl Kemp v. Dick Moore, George A. Lombardi, Steven D. Long, Denis Dowd, Charles E. Harris, Joseph Rosenberg

Court of Appeals for the Eighth Circuit

Decided October 7, 1991No. 90-2903Published

1ConcurrenceHeaney, Senior Circuit Judge

I concur only because our opinion in Iron Eyes v. Dowd, 907 F.2d 810 (8th Cir.1990), *589leaves me no other alternative. I continue to believe that our opinion in Iron Eyes was not required by Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987).

This case is even stronger than Iron Eyes. Here, Stephen Kemp, a member of the Chickasaw Indian Nation, was permitted to wear his hair long at the Missouri State Penitentiary. It was only after he was transferred to the Farmington Correctional Center that the director of that facility told Kemp that he had to have his hair cut. No rational…

2Cases cited2 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Iron Eyes v. HenryCourt of Appeals for the Eighth Circuit · 1990

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