In Johnson v. Jefferson Parish Sheriff Office, (5th Cir., March 25, 2025), the U.S. 5th Circuit Court of Appeals reversed and remanded to a Louisiana federal district court a prisoner's lawsuit alleging violations of RLUIPA and the 1st Amendment. The district court had dismissed the suit at the initial screening stage. The court explained:
Pro se plaintiff and pretrial detainee Damien Johnson follows the Rastafarian religion and took a religious vow that prevents him from cutting his hair. Adhering to that vow, Johnson refuses to cut his hair to comply with Jefferson Parish Sheriff’s Office’s (“JPSO”) policy. As a consequence, he is not allowed to go into the yard, use the phone, or buy items from the commissary. Instead, he alleges he is confined to an unsanitary unit infected with toxic mold....
Here, the district court concluded that Johnson failed to allege a substantial burden on his religious exercise because he “is in fact still exercising his vow to continue growing his hair.” But this conclusion has the problematic result of decreasing protection for the staunchest religious observers who have to face severe punishment to continue exercising their religion. Indeed, the district court is wrong—an individual can face a “substantial burden” on religious exercise based upon limitations and punishments in the prison while continuing to exercise their religion....
