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Taylor v. Johnson

Discriminatory enforcement of facially neutral grooming regulations may, under some circumstances, violate the Equal Protection Clause.

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Appeal from the United States District Court for the Southern District of Texas

Maurice Taylor filed a civil rights complaint under 42 U.S.C. � 1983 alleging that a Texas Department of Criminal Justice policy violates his free exercise rights under the First Amendment. The policy forbids inmates to wear beards, and Taylor alleges that his Muslim beliefs require him to wear a one-quarter-inch beard and that the policy violates his equal protection rights because the grooming policy allows beards for medical reasons but forbids them for religious purposes.

The district court dismissed Taylor’s complaint as frivolous under 28 U.S.C. � 1915(e)(2)(B).*fn1 Taylor appealed, then filed a motion for reconsideration, claiming for the first time that the grooming policy violates the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. � 2000cc. The district court denied this motion. We affirm the dismissal, as frivolous, of the free exercise claim, dismiss for want of jurisdiction the appeal from the denial of the motion for reconsideration, and vacate the dismissal of the equal protection claim and remand it for further consideration.

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