Thomas E. Hill v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., 537 F.2d 214 (5th Cir. 1976). · Go Syfert
Thomas E. Hill v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., 537 F.2d 214 (5th Cir. 1976). Cases Citing This Book View Copy Cite
40 citation events (14 in the last 25 years) across 17 distinct courts.
Strongest positive: Dooley v. Knox County Sheriff's Department (tned, 2024-12-09)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 18 distinct citers.
discussed Cited as authority (rule) Dooley v. Knox County Sheriff's Department
E.D. Tenn. · 2024 · confidence medium
But “lawful incarceration results in the necessary limitation of many privileges and rights of the ordinary citizen.” Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976) (citing Pell v. Procunier, 417 U.S. 817, 822 (1974)).
discussed Cited as authority (rule) Locke v. Ruebush
E.D. Tenn. · 2022 · confidence medium
However, “lawful incarceration results in the necessary limitation of many privileges and rights of the ordinary citizen.” Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976) (citing Pell v. Procunier, 417 U.S. 817, 822 (1974)); see also Beard v. Banks, 548 U.S. 521, 528 (2006) (“[T]he Constitution sometimes permits greater restriction of [constitutional] rights in a prison than it would allow elsewhere.”).
discussed Cited as authority (rule) Locke v. McMinn County Jail
E.D. Tenn. · 2022 · confidence medium
Sandin v. Conner, 515 U.S. 472, 484 (1995). “[L]awful incarceration results in the necessary limitation of many privileges and rights of the ordinary citizen.” Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976) (citing Pell v. Procunier, 417 U.S. 817, 822 (1974)).
cited Cited as authority (rule) Collins v. Louisiana Department of Public Safety and Corrections
W.D. La. · 2021 · confidence medium
Hill v. Estelle, 537 F.2d 214, 215 (5th Cir.1976).
discussed Cited as authority (rule) David Ali v. Nathaniel Quarterman
5th Cir. · 2011 · confidence medium
See Longoria v. Dretke, 507 F.3d 898, 904-05 (5th Cir.2007) (rejecting argument that TDCJ’s grooming policies violate male prisoners’ equal protection rights because female prisoners are allowed to grow longer hair than male prisoners); Hill v. Estelle, 537 F.2d 214, 215-16 (5th Cir.1976) (holding that disparate grooming policies for male and female inmates did not violate the Equal Protection Clause because the regulations did not impinge on a fundamental right or create a suspect classification).
cited Cited as authority (rule) Longoria v. Dretke
5th Cir. · 2007 · confidence medium
In any event, our court rejected an equal-protection claim based on differing grooming regulations applied to male and female in *905 mates in Hill v. Estelle, 537 F.2d 214, 215-16 (5th Cir.1976).
discussed Cited as authority (rule) Gooden v. Crain
E.D. Tex. · 2005 · confidence medium
In Hill v. Estelle, 537 F.2d 214, 215 (5th Cir.1976), the Fifth Circuit reiterated the long standing principle that “lawful incarceration results in the necessary limitation of many privileges and rights of the ordinary citizen.” The Court held that haircut and shaving regulations did not violate inmates’ free exercise of religion, freedom of expression or due process of law.
discussed Cited as authority (rule) Bell v. Stalder
W.D. La. · 2000 · confidence medium
See, e.g., Diaz v. Collins, 114 F.3d 69, 73 (5th Cir.1997) (despite strong significance of long hair in defendant’s belief, prison regulation on hair length did not violate Religious Freedom Restoration Act and was related to compelling state interest of security); Scott v. Mississippi Dept. of Corrections, 961 F.2d 77, 80 (5th Cir.1992); Hill v. Estelle, 537 F.2d 214, 215 (5th Cir.1976); Brooks v. Wainwright, 428 F.2d 652, 653-54 (5th Cir.1970).
cited Cited as authority (rule) El Ahkeen v. Tony Parker
Tenn. Ct. App. · 2000 · confidence medium
Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976); Poe v. Werner, 386 F.Supp. 1014, 1016 (M.D.
cited Cited as authority (rule) Bumgarden v. Wackenhut Corrections Corp.
La. Ct. App. · 1994 · confidence medium
Hill v. Estelle, 537 F.2d 214, 215 (5th Cir.1976).
discussed Cited as authority (rule) Williams v. Manson
D. Conn. · 1980 · confidence medium
Thus, we follow the rule that “[wjhere prison regulations are neither unreasonable nor arbitrary, the Federal Courts will not interfere with the administration of state prisoners.” Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976).
cited Cited as authority (rule) Wilbur E. Sullivan v. Sgt. Ford, Classification Officer
5th Cir. · 1980 · confidence medium
Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 197.6).
cited Cited as authority (rule) Bobby Keith Williams v. John Hoyt
5th Cir. · 1977 · confidence medium
Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976).
cited Cited "see" Payne v. Sutterfield
N.D. Tex. · 2020 · signal: see · confidence high
See Hill v. Estelle, 537 F.2d 214, 215 (5th Cir. 1976).
discussed Cited "see" Ricky Knight v. Leslie Thompson
11th Cir. · 2015 · signal: see · confidence high
See Hill v. Estelle, 537 F.2d 214, 215-16 (5th Cir.1976) (upholding differential prison grooming regulations against an equal protection challenge because “[t]he disparity between the regulations for male and female inmates is not so grievous,as to make them arbitrary or unreasonable, cruel or unusual, and the wisdom of the disparate regulations will be left to the judgment of state penologists”); accord Fegans, 537 F.3d at 906 (upholding differential prison grooming regulations against an equal protection challenge under a “reasonableness” standard).
discussed Cited "see" Ricky Knight v. Leslie Thompson
11th Cir. · 2013 · signal: see · confidence high
See Hill v. Estelle, 537 F.2d 214, 215-16 (5th Cir.1976) (upholding differential prison grooming regulations against an equal protection challenge because “[t]he disparity between the regulations for male and female inmates is not so grievous as to make them arbitrary or unreasonable, cruel or unusual, and the wisdom of the disparate regulations will be left to the judgment of state penologists”); accord Fegans, 537 F.3d at 906 (upholding differential prison grooming regulations against an equal protection challenge under a “reasonableness” standard).
cited Cited "see, e.g." Lamb v. Maschner
D. Kan. · 1986 · signal: see, e.g. · confidence low
See, e.g., Hill v. Estelle, 537 F.2d 214 (5th Cir.1976).
cited Cited "see, e.g." Samuel P. Moore, 050547 v. State of Florida and Agents Ray Henderson, Lauriston F. Hustus, Jr. And R.D. Hester
11th Cir. · 1983 · signal: see also · confidence low
See also Hill v. Estelle, 537 F.2d 214 (5th Cir.1976).
Thomas E. HILL Et Al., Plaintiffs-Appellants,
v.
W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Defendant-Appellee
76-1872.
Court of Appeals for the Fifth Circuit.
Aug 20, 1976.
537 F.2d 214
Thomas E. Hill, pro se., John L. Hill, Atty. Gen., Daniel E. Maeso, Asst. Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.
Brown, Gewin, Morgan, Per Curiam.
Cited by 32 opinions  |  Published
PER CURIAM:

Thomas E. Hill and six other present or former inmates of the Texas Department of Corrections filed suit under 42 U.S.C.A. § 1983 alleging various deprivations of their civil rights by prison authorities. They complain that male inmates are required to wear their hair short, are allowed neither beards nor mustaches, and may wear only minimal sideburns. They also complain that they are not allowed to make phone calls from the prison and are not permitted to decorate their cells. The complaint further asserts that since these restrictions are not applied to female inmates, the difference in treatment based on sex is an unconstitutional denial of equal protection of the law and constitutes cruel and unusual punishment. The District Court rejected these contentions and granted the defendant’s motion to dismiss. The plaintiffs appeal.

We begin with the well-established principle that lawful incarceration results in the necessary limitation of many privileges and rights of the ordinary citizen. Pell v. Procunier, 1974, 417 U.S. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495. Prison officials have broad discretion in the area of conditions of confinement. Gates v. Collier, 5 Cir., 1974, 501 F.2d 1291. Where prisoner regulations are neither unreasonable nor arbitrary, the Federal Courts will not interfere with the administration of state prisons. Brooks v. Wainwright, 5 Cir., 1970, 428 F.2d 652; cf. United States ex rel. Gereau v. Henderson, 5 Cir., 1976, 526 F.2d 889. In Brooks we stated that haircut and shaving regulations in a state prison did not violate the inmates’ free exercise of religion, freedom of expression, or due process of law. Defendant argues that the regulation promotes cleanliness and personal identification, grounds we upheld in Brooks. As the Ninth Circuit stated in Daugherty v. Reagan, 9 Cir., 1971, 446 F.2d 75, we have not yet reached a point where the Federal Courts should second-guess state prison officials on the length of prisoners’ hair. The same is true of prison regulations pertaining to making phone calls (plaintiffs have not complained of inability to communicate with courts, counsel, or their families and friends) and decorating their cells. Such regulations do not constitute an abuse of the discretion enjoyed by prison authorities.

Plaintiffs further assert a denial of their right to equal protection of the law, in that the hair regulations are not enforced against female inmates, female but not male inmates are permitted to call home once every 60 days, and only the female inmates are allowed to decorate their cells.

The grooming regulations in Brooks were applied to all prisoners, regardless of religion or race, and thus there was no denial of equal protection on the facts. The question before the Court now is whether the difference in the application of the hair length, telephone and cell decoration regulations based on sex is a constitutional violation of equal protection. We hold it is[*216] not. The regulations impinge on no fundamental right [1] and create no suspect classification. [2] The disparity between the regulations for male and female inmates is not so grievous as to make them arbitrary or unreasonable, cruel or unusual, and the wisdom of the disparate regulations will be left to the judgment of state penologists.

The District Court was correct in dismissing the complaint.

AFFIRMED.

1

. See, e. g., Kelley v. Johnson, 1976, 425 U.S. 238, 96 S.Ct. 1440, 47 L.Ed.2d 708 (police officers have no fundamental right to choose the length or style of their hair).

2

. See Frontiero v. Richardson, 1973, 411 U.S. 677, 93 S.Ct. 1764, 36 L.Ed.2d 583.