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GARNER v. KENNEDY

No. 11-40653.

713 F.3d 237 (2013)

Willie Lee GARNER, also known as Willi Free I Gar'ner, Plaintiff-Appellee, v. Eileen KENNEDY, in her official capacity as Director, Region IV, Texas Department of Criminal Justice; Senior Warden Ernest Gutierrez, Jr.; Brad Livingston, Executive Director of the Texas Department of Criminal Justice; Executive Director Rick Thaler, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 2, 2013.

Attorney(s) appearing for the Case

Russell Joe Manning , Gene R. Ward , Hornblower Firm, Corpus Christi, TX, for Plaintiff-Appellee.

James Patrick Sullivan , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Marjolyn Carol Gardner , Assistant Attorney General, Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendants-Appellants.

Christopher Chen-Hsin Wang , Mark Lenard Gross , Deputy Chief Counsel, U.S. Department of Justice, Civil Rights Division, Washington, DC, for Amicus Curiae United States of America.

Before REAVLEY, PRADO, and OWEN, Circuit Judges.

OWEN, Circuit Judge:

This case requires us to determine whether the Texas Department of Criminal Justice's policy of prohibiting prisoners from wearing beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).1 After a bench trial, the district court granted declaratory and injunctive relief in favor of the plaintiff, a Muslim, to the extent that the policy prohibits him from wearing a quarter...

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