Shabazz v. O'Lone, 84-5772

Decision Date27 January 1986
Docket NumberNo. 84-5772,84-5772
Citation782 F.2d 416
PartiesAhmad Uthman SHABAZZ and Sadr-Ud-Din Mateen v. Edward O'LONE, Individually and in his official capacity as Administrator of Leesburg Prison Complex and James A. Ucci, Individually and in his official capacity as Chief Deputy Keeper of Leesburg Prison Complex and William Fauver, Individually and in his official capacity as Commissioner of the New Jersey Department of Corrections. Appeal of Ahmad Uthman SHABAZZ and Sadr-Ud-Din Mateen.
CourtU.S. Court of Appeals — Third Circuit

James Katz (argued), Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen. of New Jersey, James J. Ciancia, Asst. Atty. Gen. (Laurie M. Hodian (argued) Deputy Atty. Gen., of counsel), for appellees.

Before ADAMS, Acting Chief Judge, SEITZ, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON and MANSMANN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Acting Chief Judge.

Appellants, two state prison inmates, brought this suit under the federal civil rights act challenging certain prison regulations as violative of their first amendment rights. Specifically, they allege that the regulations, which prevent them from attending weekly religious services, infringe their right freely to exercise their chosen faith. The district court, 595 F.Supp. 928 (1984), after a hearing, found no constitutional violation. It therefore denied appellants' request for injunctive relief and dismissed their claims for damages. The prisoners' appeal was originally heard before a panel of this Court, which decided it under the standard set forth in St. Claire v. Cuyler, 634 F.2d 109 (3d Cir.1980). That standard has governed inmates' challenges to prison regulations on religious grounds in this Court since St. Claire was decided. However, there has been an increasing concern that the St. Claire test provides inadequate protection for the rights of prisoners freely to exercise their religion. Because of this concern, rehearing in banc was granted for the purpose of reconsidering the St. Claire standard. We now conclude that St. Claire should be modified. The judgment for defendants will therefore be vacated and the matter remanded to the district court to be reconsidered in light of the standard articulated in this opinion.

I.

Ahmad Uthman Shabazz and Sadr-Ud-Din Mateen, the appellants here, are inmates at the New Jersey State Prison at Leesburg, and are members of the Islamic faith. Leesburg is a medium security prison and work institution, which houses prisoners and trains them to engage in various programs to produce goods and provide services for the state.

Prisoners at Leesburg are assigned to one of three custody classifications: maximum security, gang minimum, or full minimum. These classifications determine the jobs and work locations to which the prisoners are assigned. Maximum security prisoners are given tasks that are performed within the main building. Gang minimum inmates work at job sites outside the gates of the main building but must remain under the supervision of a corrections officer at all times. Prisoners within the full minimum classification also work outside the main building, but under minimal supervision, and are housed at a minimum security facility known as the Farm. Both Shabazz and Mateen were classified gang minimum when this suit was filed; in May 1984, Mateen was reclassified as a full minimum prisoner and transferred to the Farm.

At issue here is the right of minimum-security Muslim prisoners to attend Jumu'ah, the weekly religious service of the Muslim faith, when there is no evidence that their attendance in the past posed any threat to security. Jumu'ah is held at noon every Friday, as it must take place after the sun reaches its apex and before the Asr, or mid-afternoon prayer. It is the only Muslim congregational service of the week, is commanded by the Qur'an, and cannot be performed at any other time. Concededly, it is a central practice of the Muslim faith.

Jumu'ah services have been held at the prison since 1979. Prior to the implementation of the regulations challenged here, all prisoners of the Muslim faith were permitted to attend Jumu'ah if they wished. Those gang minimum prisoners who were ordinarily assigned to work details outside the main building were assigned to alternative jobs within the main building on Fridays if they expressed a desire to attend Jumu'ah. Full minimum security inmates housed at the Farm were permitted to return by themselves to the main facility in order to attend the services.

In March 1984, however, two changes in correctional policy, one enacted at the state level and one by the officials at Leesburg, effectively eliminated the opportunity for most Muslim prisoners classified in the two lower security classes to attend Jumu'ah. In April 1983, the New Jersey Department of Corrections issued Standard 853, which required that gang minimum inmates ordinarily be assigned to jobs outside the main building. This resulted in the elimination of the alternative work details on Fridays for Muslim gang minimum prisoners. The prison officials explained Standard 853 as necessary to alleviate the critical overcrowding at Leesburg by reducing the number of inmates working in the main facility during the day.

A second change in prison policy was effected in March 1984, when Leesburg officials issued a memorandum announcing a flat ban on returns to the main facility by prisoners assigned to outside work details. This rule was said to be intended to reduce security and discipline problems by diminishing the burden on prison guards of accounting for and supervising inmates.

The combined effect of the two new regulations was that Muslim gang minimum prisoners could no longer remain inside the main building on Fridays in order to attend Jumu'ah, nor could they return from their outside work assignments to take part in the services. The ban on returns likewise barred most full minimum prisoners from attending Jumu'ah, although those full minimum inmates working near the Farm are permitted to return to that facility to attend a service there. Thus, since April 1983, only those prisoners considered the greatest security risks have been assured of participation in the Muslim services at Leesburg.

Shabazz and Mateen, both lesser security inmates, are precluded from attending Jumu'ah by the prison regulations. They filed this lawsuit against Leesburg prison officials under 42 U.S.C. Sec. 1983 (1982), contending that the regulations infringe their right, guaranteed by the first amendment, freely to exercise their religion. It has been stipulated by all parties that the appellants' religious beliefs are sincere.

Appellants' claim was evaluated by the district court under the standard articulated in St. Claire v. Cuyler, 634 F.2d 109 (3d Cir.1980). Under the St. Claire test, the state must "produce evidence that to permit the exercise of first amendment rights would create a potential danger to institutional security." Id. at 114. Such evidence may consist of the expert testimony of prison officials who profess to believe that such a potential danger exists, if the officials' opinions are "held 'sincerely' and [are] arguably correct." Id. (quoting Jones v. North Carolina Prisoners' Union, 433 U.S. 119, 127, 97 S.Ct. 2532, 2538, 53 L.Ed.2d 629 (1976)). Once the state has satisfied its burden under the St. Claire analysis, the court must defer to the prison officials' judgment unless the inmate shows "by 'substantial evidence ... that the officials have exaggerated their response' to security considerations ... or that their beliefs are unreasonable." Id. at 115 (quoting Pell v. Procunier, 417 U.S. 817, 827, 94 S.Ct. 2800, 2806, 41 L.Ed.2d 495 (1974)).

The district judge concluded that the state had met its burden under St. Claire by producing testimony from prison officials that the challenged regulations reduced the strain of overcrowding at Leesburg and eliminated security problems caused by prisoner returns during the workday. The officials' opinions were sincere, the court found, and arguably correct. Because appellants failed to show that the policy changes constituted an exaggerated response to security concerns, the district court entered judgment for the defendants. The prisoners filed this timely appeal.

II.

Claims by inmates that prison regulations violate their constitutional rights raise difficult problems. Imprisonment necessarily places limits upon many of the constitutional freedoms enjoyed by free citizens. See Jones, 433 U.S. at 125, 97 S.Ct. at 2537; Pell, 417 U.S. at 822, 94 S.Ct. at 2804. It is also true that important state interests are at stake in the prison context, such as the maintenance of institutional security, and the preservation of internal order and discipline. Bell v. Wolfish, 441 U.S. 520, 546, 99 S.Ct. 1861, 1877, 60 L.Ed.2d 447 (1979); Pell, 417 U.S. at 822-23, 94 S.Ct. at 2804. The Supreme Court has stressed repeatedly the importance of judicial recognition of the expertise of prison administrators, and the need for deference to experienced prison officials' judgment. Bell, 441 U.S. at 547, 99 S.Ct. at 1878; Jones, 433 U.S. at 126, 97 S.Ct. at 2538; Procunier v. Martinez, 416 U.S. 396, 404-05, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1973).

The Supreme Court has also emphasized, however, that inmates retain those constitutional rights that are not inconsistent with their status as prisoners or with the legitimate penological goals of the corrections system. Jones, 433 U.S. at 125, 97 S.Ct. at 2537; Pell, 417 U.S. at 822, 94 S.Ct. at 2804. While "a healthy sense of realism" may require that federal courts acknowledge their relative incompetence in the area of prison administration, Procunier, 416 U.S. at 405, 94 S.Ct. at 1807, it is also understood that "[w]hen a...

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