Case: Teterud v. Gillman

4:73-00085 | U.S. District Court for the Southern District of Iowa

Filed Date: April 4, 1973

Clearinghouse coding complete

Case Summary

On April 4, 1973, a Native American inmate of the Iowa State Penitentiary, in Fort Madison, Iowa, filed a lawsuit pursuant to 42 U.S.C. § 1983 against the Penitentiary's warden and other Iowa State prison authorities in the United States District Court for the Southern District of Iowa. The plaintiff, represented by the Native American Rights Fund, alleged that prison authorities had violated the First and Fourteenth Amendments by limiting inmates' hair length, regardless of religious and ethn…

On April 4, 1973, a Native American inmate of the Iowa State Penitentiary, in Fort Madison, Iowa, filed a lawsuit pursuant to 42 U.S.C. § 1983 against the Penitentiary's warden and other Iowa State prison authorities in the United States District Court for the Southern District of Iowa. The plaintiff, represented by the Native American Rights Fund, alleged that prison authorities had violated the First and Fourteenth Amendments by limiting inmates' hair length, regardless of religious and ethnic heritage.

On November 20, 1974, the United States District Court for the Southern District of Iowa (Chief Judge William C. Hanson) held that an inmate should be allowed to grow long hair if there was a good faith link between religious expression and hair length. Teterud v. Gillman, 385 F. Supp. 153 (S.D. Iowa 1974). The court was not persuaded that the State's interests in limiting hair length, such as sanitation and potential safety problems did not outweigh the inmate's interest to freely express his Native American religion. The court enjoined enforcement of the Iowa State Penitentiary's hair regulation against the plaintiff. The court, however, refused to certify the class.

On September 4, 1975, the United States Court of Appeals for the Eighth Circuit (Judge Gerald W. Heaney) affirmed the District Court's order, recognizing that limiting a Native American's hair length was an unconstitutional infringement on the freedom of religion. Teterud v. Burns, 522 F.2d 357 (8th Cir. 1975). The court held that the plaintiff satisfied the burden of proof by showing that his hair length was connected to sincere religious beliefs and refused to require that hair length be an orthodox form of religious expression.

We do not have the docket, pleadings, or record of any subsequent proceedings in this case.

Summary Authors

Elizabeth Chilcoat (6/1/2006)

People


Judge(s)

Hanson, William Cook (Missouri)

Heaney, Gerald William (Minnesota)

Lay, Donald Pomery (Minnesota)

Van Oosterhout, Martin Donald (Iowa)

Attorneys(s) for Plaintiff

Bartels, Robert D. (Iowa)

Haber, Roy S. (Oregon)

Schantz, Mark E. (Iowa)

Attorneys(s) for Defendant

Murphy, Michael P. (Iowa)

Turner, Richard C. (Iowa)

Williams, Lorna Lawhead (Iowa)

Judge(s)

Hanson, William Cook (Missouri)

Heaney, Gerald William (Minnesota)

Lay, Donald Pomery (Minnesota)

Van Oosterhout, Martin Donald (Iowa)

Attorneys(s) for Plaintiff

Bartels, Robert D. (Iowa)

Haber, Roy S. (Oregon)

Schantz, Mark E. (Iowa)

Attorneys(s) for Defendant

Murphy, Michael P. (Iowa)

Turner, Richard C. (Iowa)

Williams, Lorna Lawhead (Iowa)

Other Attorney(s)

Barnett, Walter W. (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Donielson, Allen L. (District of Columbia)

Landsberg, Brian K. (District of Columbia)

Pottinger, J. Stanley (District of Columbia)

Documents in the Clearinghouse

Document

4:73-00085

Findings of Fact, Conclusions of Law and Order for Judgment

385 F.Supp. 153, 1974 U.S.Dist.LEXIS 5689

Nov. 20, 1974

Nov. 20, 1974

Order/Opinion

75-01066

Reported Opinion

Teterud v. Burns

U. S. Court of Appeals for the Eighth Circuit

522 F.2d 357, 1975 U.S.App.LEXIS 12888

Sept. 4, 1975

Sept. 4, 1975

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 4, 1973

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Indian inmate of Iowa State Penitentiary challenging enforcement of prison's hair regulation against plaintiff and other Indian inmates

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Iowa State Penitentiary (Iowa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1974 - 0

Issues

General:

Bathing and hygiene

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run