Thursday, August 04, 2022

5th Circuit Upholds Qualified Immunity Defense Of Prison Officials Who Confiscated Hijab

In Taylor v. Nelson, (5th Cir., Aug. 2, 2022), the U.S. 5th Circuit Court of Appeals held that Texas prison authorities who confiscated a female inmate's hijab that exceeded the size permitted by prison policies can claim qualified immunity in a suit for damages against them. The court held that plaintiff failed to identify a clearly established right that officials violated and reasonable officials would not have understood that enforcing the policy on size of hijabs was unconstitutional.