Ali v. Stephens

• Court: U.S. District Court — Eastern District of Texas
• Writing for the Court: Zack Hawthorn, United States Magistrate Judge
• Citation: Ali v. Stephens, 69 F.Supp.3d 633 (E.D. Tex. 2014)
• Decision Date: 26 September 2014
• Docket Number: CIVIL ACTION NO. 9:09–CV–52
• Parties: David Rasheed Ali v. William B. Stephens

69 F.Supp.3d 633

David Rasheed Ali

v.William B. Stephens

CIVIL ACTION NO. 9:09–CV–52

United States District Court, E.D. Texas, Lufkin Division.

Signed September 26, 2014

Eric M. Albritton, Michael A. Benefield, Shawn A. Latchford, Albritton Law Firm, Longview, TX, for David Rasheed Ali.

Celamaine Cunniff, Attorney General's Office, Leah Jean O'Leary, Office of the Attorney General, Patrick Pope, Austin, TX, for William Stephens.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Zack Hawthorn, United States Magistrate Judge

Plaintiff David Rasheed Ali, an inmate currently confined at the Michael Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ–CID), filed this civil rights action pursuant to the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc, against the Director of TDCJ–CID. The Plaintiff challenges prison policies that prohibit him from wearing a fist-length beard¹ and from wearing religious head wear, specifically a Kufi, throughout the prison facility. The Defendant contends that the grooming and religious head wear policies are the least restrictive means of furthering the compelling interests of the Texas Department of Criminal Justice (TDCJ) in maintaining safety and security in the prisons, as well as operating within its budget. Trial Transcript (Tr.), Vol. 1 at 30.

On January 17, 2014, pursuant to the written consent of all parties, this case was referred to the undersigned United States Magistrate Judge for trial and entry of judgment. The case proceeded to a five-day bench trial before this court. Pursuant to Federal Rule of Civil Procedure 52, the court announces and adopts the following final findings of fact and conclusions of law.

Findings of Fact

(1) At the time he filed this lawsuit, the Plaintiff was an inmate at the Eastham Unit of the TDCJ–CID. The Plaintiff was transferred to the Michael Unit of TDCJ–CID while this lawsuit was pending.

(2) The Michael Unit is a maximum security prison that can house 3,304 inmates. Tr. Vol. 2 at 510.

(3) The Plaintiff is currently assigned to live in a dormitory in the trusty camp outside the gates at the Michael Unit of TDCJ–CID. Tr. Vol. 2 at 412, 428, 450.

(4) The custody levels in TDCJ range from G–1 through G–5 for general population and from Level 1 through Level 3 for administrative segregation. Tr. Vol. 1 at 161.

(5) Trusties have the lowest TDCJ custody classification. Tr. Vol. 2 at 536. Their classification is G–1, which means that they can be supervised by indirect supervision. Tr. Vol. 3 at 544.

(6) The Plaintiff works in the law library inside the gates at the Michael Unit. Tr. Vol. 2 at 450. On a typical workday, the Plaintiff might be searched ten times in one day, if he delivers legal materials to inmates in administrative segregation. Tr. Vol. 2 at 455–56. Some of the searches are strip searches and some are pat searches. Tr. Vol. 2 at 450–56.

(7) The Plaintiff is a Sunni Muslim, who follows the Hanafi school of Sunni law. Tr. Vol. 1 at 46, 49; Tr. Vol. 2 at 416–17.

(8) The Hanafi school of Islam requires men to wear a beard. The Hanafi school teaches that it is permissible for Muslim men to trim the mustache area, but it is considered a sin to trim the beard shorter than fist-length. Tr. Vol. 1 at 50, 53.

(9) There are some Hanafi scholars who believe it is a recommended act of piety to wear a Kufi at all times, which will be rewarded by God. Tr. Vol. 1 at 55. The Plaintiff's Kufi is a white, seamless, knit cap with small holes. Tr. Vol. 1 at 100; Tr. Vol. 2 at 427; Tr. Vol. 3 at 603; Pl. Ex. 119.

(10) The Plaintiff seeks religious counsel from Sadiq Ahmed, an Islamic scholar, and his students. Tr. Vol. 2 at 416. Those scholars have advised the Plaintiff that he has an obligation to wear a fist-length beard and an obligation to wear a Kufi at all times. Tr. Vol. 2 at 419–21.

(11) The Plaintiff sincerely believes that he must wear a Kufi at all times and he must wear a fist-length beard, and that his failure to comply with these obligations constitutes a sin. Tr. Vol. 2 at 421–22. The Plaintiff believes that being able to practice his religion by having a fist-length beard and wearing a Kufi throughout the prison facility will help him repent for his sins. Tr. Vol. 2 at 426.

(12) The Plaintiff has a Kufi and a prayer rug. Def. Ex. 43. The Plaintiff is currently allowed to carry his prayer rug and Kufi from the trusty camp to religious services held inside the facility. Services are typically held once a week and daily during the month of Ramadan. The prayer rug and Kufi are searched when the Plaintiff brings them through the back gate of the Michael Unit. Tr. Vol. 2 at 428.

(13) TDCJ does not provide religious items to inmates cost-free. Tr. Vol. 3 at 642–43; Pl. Ex. 45. An inmate who wants a religious item must send a request to the chaplain. If the request is approved, the inmate will be allowed to purchase the item in the commissary or receive it from an outside source. The chaplain takes the item to the property officer who issues a property slip for the item and then gives the item to the inmate. Tr. Vol. 3 at 642.

(14) The chaplain's office maintains records concerning the religious preferences of inmates. Tr. Vol. 3 at 587. If a correctional officer thinks that an inmate carrying a Kufi is not Muslim, the officer will stop the inmate and call the chaplain's office to see if the inmate is authorized to have a Kufi. Tr. Vol. 3 at 585–87.

(15) The property papers maintained by TDCJ document that an inmate has a Kufi. Tr. Vol. 3 at 587–88. Inmates are issued property slips that they can carry on their person to document their ownership of certain items of property, such as watches. Tr. Vol. 3 at 607.

(16) Some inmates are permitted to wear hats, depending on their work assignments. Tr. Vol. 2 at 243–47; Pl. Ex. 117; Def. Ex. 82.

(17) The TDCJ grooming policy does not allow inmates to have a beard or mustache. Some inmates are permitted to shave with clippers. Inmates who do not follow the grooming standards are subject to disciplinary action. Tr. Vol. 1 at 197; Pl. Ex. 55; Def. Ex. 2.

(18) It costs TDCJ $46.32 to process one disciplinary case. Tr. Vol. 2 at 410. In 2012, male inmates in TDCJ were found guilty of 6,568 disciplinary cases for violations of the grooming standards. Pl. Ex. 72; Def. Ex. 23.

(19) Most inmates comply with TDCJ's grooming standards, at least in part, because it is very hot in TDCJ's prisons, except during the winter. Tr. Vol. 3 at 578–79, 582.

(20) A clipper shave pass is a piece of paper issued by a medical provider to allow an inmate with certain medical conditions to shave with clippers. Tr. Vol. 3 at 614–15, 628; Pl. Ex. 89; Def. Ex. 7. As of February 26, 2014, there were 6,615 inmates in TDCJ with clipper shave passes. Tr. Vol. 3 at 616; Pl. Ex. 74.

(21) Inmates with clipper shave passes go to the barbershop where they are given clippers to shave their own faces. Tr. Vol. 3 at 617. A fresh clipper shave will leave some stubble, but gives a fairly clean-shaven appearance. Tr. Vol. 3 at 617. The maximum beard length for an inmate with a clipper shave pass is a quarter inch. Tr. Vol. 3 at 615–16; Pl. Ex. 89.

(22) There are two sets of clippers in the barbershops. One pair is for the barber and one pair is for inmates with clipper shave passes. Tr. Vol. 2 at 494–95.

(23) To maintain a quarter-inch beard, the Plaintiff goes to the barbershop every two weeks to use the clippers. Tr. Vol. 2 at 468. The Plaintiff trims his beard himself, using the clippers with a blade. Tr. Vol. 2 at 494. To maintain a fist-length beard, the Plaintiff would clasp his hand around the beard and use the clippers without a blade to trim it. Tr. Vol. 2 at 495.

(24) Inmates who are classified as G–1, G–2, and G–3 are allowed to go to the barbershop by themselves. Tr. Vol. 3 at 571. G–4, G–5, and administrative segregation inmates must be escorted to the barbershop by correctional officer. Tr. Vol. 3 at 571. At the Michael Unit, there are 265 G–4 inmates, 91 G–5 inmates, and 452 inmates in administrative segregation. Tr. Vol. 3 at 571; Def. Ex. 20.

(25) As of January 31, 2014, there were 150,935 inmates confined in TDCJ and private prisons in Texas. Tr. Vol. 1 at 83; Tr. Vol. 4 at 1096; Plaintiff's Ex. 71. Private prisons are operated by private correctional vendors, but TDCJ owns the facility itself. Tr. Vol. 4 at 1096.

(26) Approximately 8 percent of TDCJ's inmate population is female. Tr. Vol. 1 at 84.

(27) Female inmates commit the same disciplinary infractions as men, but at a slightly lower rate on a per capita basis. Def. Ex. 22.

(28) As of January 2014, there were 6,446 male inmates who identified themselves as Muslim, or approximately 4.6 percent of the male population in TDCJ. Tr. Vol. 2 at 87–88; Defendant's Ex. 19.

(29) There are 3,281 inmates at the Michael Unit. Tr. Vol. 2 at 530; Def. Ex. 12.

(30) In 2014, there were 260 Muslim inmates at the Michael Unit. Tr. Vol. 2 at 531; Def. Ex. 19; Pl. Ex. 67. In 2011, there were 274 Muslim inmates at the Michael Unit. Tr. Vol. 2 at 531; Def. Ex. 19; Pl. Ex. 67.

(31) As of January 2014, there were 301 female inmates in TDCJ who identified themselves as Muslim, or approximately 2.5 percent of the female inmate population. Tr. Vol. 1 at 95; Def. Ex. 131.

(32) A Hijab is a headscarf worn by Muslim women in observance of their faith. Under TDCJ policy, Muslim women are permitted to own two Hijabs, and they are permitted to wear them throughout the prison facility. Tr. Vol. 1 at 103. A Hijab consists of a piece of cloth which is 40.9 inches by 40.9 inches. Tr. Vol. 1 at 96; Pl. Ex. 68. Muslim women who choose to wear a Hijab must purchase it from a vendor approved by TDCJ. Tr. Vol. 1 at 102.

(33) Of the 301 female Muslim inmates, 59 choose to wear a Hijab. Tr. Vol. 1 at 95. Staffing at female prisons is not based on the religious preferences of inmates or whether they wear a Hijab. Tr. Vol. 1 at 110–11.

(34) Hijabs have not presented a security risk for...