Brown v. Collier, No. 14-20249 (5th Cir. 2019)Annotate this Case
The Fifth Circuit terminated a consent decree entered in 1977, which exempts Muslim inmates from the requirement that all religious gatherings and activities in Texas state prisons attended by more than four inmates must be directly supervised by either prison staff or a prison-approved outside volunteer. The court held that the consent decree does not remain necessary to correct current and ongoing violations of the Religious Land Use and Institutionalized Persons Act, the Free Exercise Clause, or the Establishment Clause. Therefore, TDCJ's motion to vacate the consent decree should have been granted. The court vacated the award of attorneys' fees, because plaintiff and Inmate Intervenors were not prevailing parties.
The court issued a subsequent related opinion or order on July 5, 2019.