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ASHAHEED v. CURRINGTON

No. 20-1237.

7 F.4th 1236 (2021)

Tajuddin ASHAHEED, Plaintiff-Appellant, v. Thomas E. CURRINGTON, Defendant-Appellee. Institute for Justice; Cato Institute; Muslim Advocates, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 10, 2021.

Attorney(s) appearing for the Case

David M. Shapiro , Roderick & Solange MacArthur Justice Center, Chicago, Illinois ( David A. Lane and Andrew McNulty , Kilmer, Lane & Newman, Denver, Colorado, with him on the briefs), for Plaintiff-Appellant.

Joshua J. Luna , Assistant Attorney General, ( Philip J. Weiser , Attorney General, with him on the brief), State of Colorado, Denver, Colorado, for Defendant-Appellee.

Jaba Tsitsuashvili , Keith Neely , and Anya Bidwell , Arlington, Virginia, filed an amicus curiae brief on behalf of Plaintiff-Appellant for the Institute for Justice.

Clark M. Neily III and Jay R. Schweikert , Washington, District of Columbia, filed an amicus curiae brief on behalf of Plaintiff-Appellant for the Cato Institute.

Matthew W. Callahan , Washington, District of Columbia, filed an amicus curiae brief on behalf of Plaintiff-Appellant for Muslim Advocates.

Before MATHESON, MURPHY, and MORITZ, Circuit Judges.

Tajuddin Ashaheed wears a beard because he is Muslim. He arrived at the Colorado Department of Corrections ("CDOC") Denver Reception and Diagnostic Center (the "Center") to serve a short sentence for parole violations. The Center's policies required inmates to shave their beards at intake but exempted those like Mr. Ashaheed...

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