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GALLAHAN v. HOLLYFIELD

No. 81-6658.

670 F.2d 1345 (1982)

Michael G. GALLAHAN, Appellee, v. Cpl. B. B. HOLLYFIELD; Officer J. W. Townley, and John S. Gathright, Warden, Staunton Correctional Center; Virginia Department of Corrections, Appellants. Eastern Band of Cherokee Indians, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1982.

Rehearing Denied June 18, 1982.

Attorney(s) appearing for the Case

Eric K. G. Fiske, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellants.

Michael D. Brittin, Washington, D.C. (Peter S. Everett, Paul E. Mirengoff, Hunton & Williams, Washington, D.C., on brief), for appellee.

Ben Oshel Bridgers, Holt, Haire & Bridgers, P. A., Sylva, N.C., on brief, for amicus curiae.

Before INGRAHAM, Senior Circuit Judge, and HALL and SPROUSE, Circuit Judges.

PER CURIAM:

Gallahan is a half-blooded Cherokee Indian and a devout member of a Cherokee religious order.1 The tenets of his religion require that he not cut his hair because hair is regarded as a sense organ, a manifestation of being, and a symbol of growth.

He is also a prisoner in the Virginia correctional system.2 A Virginia Prison regulation requires that prisoners' hair be cut so that it does...

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