Benjamin v. Coughlin

• Decision Date: 13 March 1989
• Docket Number: No. 79 Civ. 0232(LLS).,79 Civ. 0232(LLS).
• Citation: 708 F. Supp. 570
• Parties: Thomas BENJAMIN, Errol Dunkley, Frank Forrest, Barrington Gray, Newton Hannon, and Martin Spence, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. Thomas A. COUGHLIN, Commissioner, New York State Department of Correctional Services; Stephen Dalshiem, Superintendent, Ossining Correctional Facility; Eugene S. Lefevre, Superintendent, Clinton Correctional Facility; Harold Smith, Superintendent, Attica Correctional Facility, Defendants.
• Court: U.S. District Court — Southern District of New York

708 F. Supp. 570

Thomas BENJAMIN, Errol Dunkley, Frank Forrest, Barrington Gray, Newton Hannon, and Martin Spence, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. Thomas A. COUGHLIN, Commissioner, New York State Department of Correctional Services; Stephen Dalshiem, Superintendent, Ossining Correctional Facility; Eugene S. Lefevre, Superintendent, Clinton Correctional Facility; Harold Smith, Superintendent, Attica Correctional Facility, Defendants.

No. 79 Civ. 0232(LLS).

United States District Court, S.D. New York.

March 13, 1989.

Prisoners' Legal Services of New York, Poughkeepsie, N.Y., for plaintiffs; Robert Selcor, Stephen Latimer, of counsel.

Robert Abrams, Atty. Gen., of the State of New York, Albany, for defendants; Tarquin Jay Bromley, of counsel.

OPINION AND ORDER

STANTON, District Judge.

Plaintiffs are Rastafarian inmates in the custody of the New York State Department of Correctional Services ("DOCS").

Rastafari is a religion¹ with roots in Jamaican culture. It has no hierarchy of religious authority, although Rastafarians recognize some who have studied the religion extensively as "elders," and no single religious text setting out the central tenets of Rastafarian belief, although Rastafarians consider certain Bible passages sacred. There are several Rastafarian sects, with differing beliefs and practices.

The most widely accepted Rastafarian principles include beliefs in the divinity of Ethiopian Emperor Haile Selassie and that the hair and beard should never be cut. Many Rastafarians wear their hair uncut, uncombed, and called "dreadlocks." Many believe that the dreadlocks should be covered at all times, except when praying, and wear a religious "crown" — a loose knit or crocheted headcovering — to protect their dreadlocks. Rastafarians engage in dialogues about the meaning of scripture, known as "reasoning," and conduct weekly group services that last from a few hours to several days. They also hold religious celebrations on Haile Selassie's birthday and on the anniversary of his coronation. The green, red, and gold colors of the Ethiopian flag and the lion, which symbolizes Haile Selassie, are sacred symbols. Many Rastafarians follow what is known as an "Ital" diet, abstaining from meat, liquor, and caffeine, and eating only natural foods, although there are variations in these practices.

Plaintiffs claim that four regulations of the defendants, who administer prison facilities in New York State, violate their rights to free exercise of religion and equal protection of the laws. First, defendants cut the hair of all incoming prisoners for the purpose of taking identification pictures. Second, defendants restrict the wearing of the religious "crown." Third, defendants do not provide Rastafarian inmates with an Ital diet. Fourth, defendants do not allow Rastafarian inmates to hold weekly congregate religious services or holiday celebrations. Defendants claim that each of their actions is motivated by a legitimate penological objective.

Procedural History

The action was commenced on January 15, 1979. It was dormant from April 1980 to March 1985, while settlement was discussed unsuccessfully. In May 1986, the parties stipulated to certification of a plaintiff class consisting of all "persons who are or who shall be committed to the care and custody of the New York State Department of Correctional Services and confined in facilities under its jurisdiction and control, who sincerely profess to observe and adhere to the tenets of Rastafarianism." On August 29, 1986 the court granted plaintiffs' motion for a preliminary injunction prohibiting DOCS from cutting the hair of class members. Benjamin v. Coughlin, 643 F.Supp. 351 (S.D.N.Y.1986). On June 30, 1987, defendants filed a motion to vacate the preliminary injunction. The motion has been consolidated with the trial of the merits of plaintiffs' claims.

A bench trial was held on August 31, September 1, 2 and 3, 1987. The court heard testimony from eight inmate class members (Jah Bunny, Ernest Desire, David Daley, Edward Jamison, Ernest Nurse, Wayne Overton, Alfredo Lewis and Marlon Clarke), plaintiffs' expert nutritionist Bob LeRoy, defendants Thomas Coughlin (Superintendent of DOCS) and Philip Coombe (Deputy Commissioner of DOCS facility operations), The Reverend Earl Moore (DOCS Assistant Commissioner for Ministerial and Family Services), Elizabeth VandeWal (DOCS Assistant Director for Nutritional Services) and Louis Passara (DOCS Director of Correctional Nutritional Services).

DISCUSSION

The First Amendment to the Constitution states in part "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Every prison inmate "retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legitimate penological objectives of the corrections system." Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 2804, 41 L.Ed. 2d 495 (1974); see also Bell v. Wolfish, 441 U.S. 520, 545, 99 S.Ct. 1861, 1877, 60 L.Ed. 2d 447 (1979); Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 1060, 92 L.Ed. 1356 (1948). Recognizing that "courts are ill equipped to deal with the increasingly urgent problems of prison administration and reform," Procunier v. Martinez, 416 U.S. 396, 405, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974) the Supreme Court has tempered its scrutiny of challenged prison regulations. See e.g., Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); O'Lone v. Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987). "Subjecting the day-to-day judgments of prison officials to an inflexible strict scrutiny analysis would seriously hamper their ability to anticipate security problems and to adopt innovative solutions to the intractable problems of prison administration." Turner, 107 S.Ct. at 2262.

In Turner, the Supreme Court identified four factors relevant to whether a challenged prison regulation is valid as reasonably related to legitimate penological interests. The first is whether there is a valid, rational connection between the regulation and the government interest put forward to justify it, which must be legitimate and neutral as to content. The second is whether alternative means of exercising the right remain open to inmates. The third consideration is the impact that accommodation of the claimed right would have on guards, other prisoners, and the allocation of prison resources. Finally, the "absence of ready alternatives is evidence of the reasonableness of a prison regulation," while the existence of easy alternatives may show that a regulation is not reasonable, but is an exaggerated response to prison concerns. Turner, 107 S.Ct. at 2262.

The Challenged Regulations

1. The Initial Haircut

Many Rastafarians take the "vow of the Nazarite" never to cut their hair or beard. Inmate witnesses testified that the wearing of dreadlocks is a "consecration" and a "covenant" with God. The source of the belief is both Biblical (identified by inmate witnesses as Leviticus 6 (SM 51), Numbers 6 (SM 307)) and symbolic of Haile Selassie, whose Nyabinghi warriors wore their hair in dreadlocks. The matted look of the hair is symbolic of a lion, and therefore of Haile Selassie, who is revered by Rastafarians as "the lion of Judah." The vow is of central importance to most Rastafarians. Ernest Nurse testified that the wearing of dreadlocks is "very holy" (SM 278).

Not all Rastafarians take the vow of the Nazarite. Three groups that are located in Jamaica, the "beard men," the "clean-shaven men" and the "Combsone tribe" do not wear dreadlocks. All of the prisoners who testified wear their hair in dreadlocks.

Departmental Directive No. 4914 requires that all male inmates submit to a haircut and shave for the taking of an initial identification photograph. Defendants argue that an initial clean-shaven, short-haired photograph is necessary for security reasons. Deputy Commissioner Philip Coombe testified that a clean-shaven,² short-haired photograph is necessary to show the inmate's facial and cranial structure, which are important identifying features in case of an escape, because a fugitive could radically alter his appearance by cutting his hair. He testified that a picture with the inmate's dreadlocks pulled back is not adequate for identification purposes, and that DOCS has experienced security problems with other inmates who feel that the Rastafarians are being given special treatment.

The haircut issue has already been determined adversely to defendants in two state court cases, Lewis v. Commissioner of the Department of Correctional Services, No. 85-11167, slip op., (Sup.Ct. August 1, 1985), aff'd sub nom., People v. Lewis, 115 A.D.2d 597, 496 N.Y.S.2d 258 (App.Div. 1985), aff'd, 68 N.Y.2d 923, 510 N.Y.S.2d 73, 502 N.E.2d 988 (1986) and Overton v. Dep't of Correctional Services, 131 Misc. 2d 295, 499 N.Y.S.2d 860 (Sup.Ct.1986), aff'd, 133 A.D.2d 744, 520 N.Y.S.2d 32 (App.Div.1987), appeals dismissed, 72 N.Y. 2d 838, 530 N.Y.S.2d 551, 526 N.E.2d 42 (1988). This court determined in August 1986 that defendants are precluded from relitigating the issue by the doctrine of collateral estoppel. Benjamin, 643 F.Supp. at 357. Defendants have failed to convince the court that that determination should be changed.

Defendants argue that non-mutual offensive collateral estoppel should not be applied against a state government. See United States v. Mendoza, 464 U.S. 154, 104 S.Ct. 568, 78 L.Ed.2d 379 (1984); Hercules Carriers, Inc. v. Florida, 768 F.2d 1558 (11th Cir.1985). In Mendoza, the court held that such estoppel should not apply against the federal government because of the nature and number of cases that the government litigates, and the fact that policy considerations may determine whether the government will appeal an adverse decision, unlike a private litigant. In Hercules Carriers, ...