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Louisiana Department of Corrections, et al. v. Christopher Jerome Ware

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-31012 · judgment July 28, 2017


Certiorari denied · February 26, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a circuit split argued in the petition.

Question presented

Respondent Christopher Ware, a Louisiana state prison inmate convicted of sexual battery, is a Rastafarian who wears his hair in “dreadlocks that fall past his shoulders” for religious reasons. App. 1. Ware has vowed not to cut or style his dreadlocks and intends to grow them to an indefinite size, thickness, and length over his 40-year sentence. App. 52. Diverging from the Eleventh Circuit’s decision in Knight v. Thompson, 796 F.3d 1289 (11th Cir. 2015), a Fifth Circuit panel held that the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc et seq. (“RLUIPA”), forbids Petitioner Louisiana Department of Corrections from requiring Ware to cut his hair under established inmate grooming policies. The question presented is: Does RLUIPA require a state prison to allow religious prisoners to wear dreadlocks of unlimited size, thickness, and length?

Counsel of record

For petitioner

For respondent
Jessica Lynn Ellsworth
Hogan Lovells US, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A387

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Feb 01 2018
    Brief amici curiae of State of Arkansas, et al. filed.
  4. Jan 30 2018
    Waiver of right of respondent Christopher Jerome Ware to respond filed.
  5. Dec 27 2017
    Petition for a writ of certiorari filed. (Response due February 1, 2018)
  6. Nov 14 2017
    Application (17A387) granted by Justice Alito extending the time to file until December 27, 2017.
  7. Nov 10 2017
    Application (17A387) to extend further the time from November 27, 2017 to December 25, 2017, submitted to Justice Alito.
  8. Oct 11 2017
    Application (17A387) granted by Justice Alito extending the time to file until November 27, 2017.
  9. Oct 05 2017
    Application (17A387) to extend the time to file a petition for a writ of certiorari from October 26, 2017 to November 27, 2017, submitted to Justice Alito.