Stewart v. Beach, No. 12-3013 (10th Cir. 2012)
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Appellant Sturgeon Stewart appealed a district court's judgment in favor of defendants on his claims under the First Amendment's Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act of 2000. Appellant was an inmate in the custody of the Kansas Department of Corrections (KDOC) and confined at the El Dorado Correctional Facility (El Dorado). In accordance with his Rastafarian religious beliefs, he does not cut or comb his hair, which he keeps in dreadlocks. In December 2006, Stewart learned that his mother had been diagnosed with cancer. To be closer to her, Stewart requested a voluntary transfer to the Lansing Correctional Facility (Lansing). His request was granted. On the day of the transfer, one of the defendants, Officer Agnes Beach, refused to allow Stewart to board the transport vehicle because he could not comb out his dreadlocks, as was required by the KDOC policy then in effect. Beach consulted with her supervisor who gave Appellant a choice: either cut his hair or forego the transfer. Appellant told defendants of his religious beliefs; in lieu of cutting his hair, Appellant offered that the officers pat down his hair and use a metal detector to search for contraband. Wilson cancelled the transfer and sent Appellant to administrative segregation. Appellant filed multiple unsuccessful grievances. Appellant eventually cut his hair and was transferred to Lansing the next day. In 2008, acting pro se, Appellant filed this action asserting that defendants essentially forced him to choose between adhering to his religious beliefs and transferring closer to his ailing mother, and that this violated his rights under the Free Exercise Clause and RLUIPA. Claims against defendants were dismissed. Upon review of the applicable legal authority implied by this case, the Tenth Circuit largely agreed with the district court's decision and affirmed.
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