The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today announced that it has filed a notice of appeal of a federal court’s qualified immunity decision that protects prison officials at Joint Base Charleston from facing a lawsuit for punishing an incarcerated Muslim who exercised his right to grow a beard in accordance with his sincerely held religious beliefs.
In November 2021, the plaintiff, a recent convert to Islam, sought to grow his beard in compliance with the religious obligations of his new faith. Because the Brig’s policy required all incarcerated individuals to remain clean-shaven, he submitted a formal request for a religious accommodation from the shaving policy. That request was not granted until November 2022—one full year later. While his request was pending, he followed his beliefs and grew a beard, for which he was punished with nearly 10 months of solitary confinement and exclusion from Islamic Studies, Eid, and Jummah prayer.
CAIR argues that the Brig’s actions against Plaintiff violated the Religious Freedom Restoration Act (RFRA) by substantially burdening the Plaintiff’s religious exercise in two ways. First, the Brig delayed his exemption request for over a year, forcing him to endure severe punishment while following his faith. Second, the punishment itself—solitary confinement and exclusion from worship—directly restricted his ability to practice Islam.
The District Court dismissed the case, holding that the defendants were entitled to qualified immunity because, in its view, no clearly established precedent protects Plaintiff’s rights in this context. Thus, the District Court granted Defendants’ Motion to Dismiss the case.
“The Constitution and federal law protect the right of Muslims to practice their faith without fear of punishment,” said CAIR National Deputy Litigation Director Gadeir Abbas. “No one should be forced into solitary confinement for following a basic tenet of their religion.”
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: Gadeir Abbas, CAIR National Deputy Litigation Director, gabbas@cair.com; Nadia Bayado, CAIR Staff Attorney, (202) 984-7643, nbayado@cair.com