Hasan Jamal Abdul Majid v. Henderson, 75-CV-341.

• Decision Date: 11 March 1982
• Docket Number: No. 75-CV-341.,75-CV-341.
• Citation: 533 F. Supp. 1257
• Parties: HASAN JAMAL ABDUL MAJID, a/k/a Ronald Burgin, Abdul Ash Ahahid, a/k/a Raymond Franklin, Hasan Abdul Haqq, a/k/a John Ebbs, Muhammad Rahman, a/k/a El Bean, inmates of Auburn Correctional Facility individually and on behalf of all other persons similarly situated, Plaintiffs, v. Robert HENDERSON, Superintendent of Auburn Correctional Facility; and Benjamin Ward, Commissioner of New York State Department of Correctional Services, Defendants.
• Court: U.S. District Court — Northern District of New York

533 F. Supp. 1257

HASAN JAMAL ABDUL MAJID, a/k/a Ronald Burgin, Abdul Ash Ahahid, a/k/a Raymond Franklin, Hasan Abdul Haqq, a/k/a John Ebbs, Muhammad Rahman, a/k/a El Bean, inmates of Auburn Correctional Facility individually and on behalf of all other persons similarly situated, Plaintiffs, v. Robert HENDERSON, Superintendent of Auburn Correctional Facility; and Benjamin Ward, Commissioner of New York State Department of Correctional Services, Defendants.

No. 75-CV-341.

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

March 11, 1982.

The Legal Aid Soc. Prisoners' Rights Project, New York City, for plaintiffs; William E. Hellerstein, Ellen E. Levine, Dori A. Lewis, New York City, of counsel.

Robert Abrams, Atty. Gen., of the State of N. Y., Albany, N. Y., for defendants; James G. McSparron, Asst. Atty. Gen. In Charge, David B. Roberts, Daniel L. Saxe, Asst. Attys. Gen., Albany, N. Y., of counsel.

MUNSON, Chief Judge.

MEMORANDUM-DECISION

The plaintiff class of Sunni Muslim inmates at the Auburn Correctional Facility seeks to enjoin the transfer of their religious leader, or Imam, Shuaib Abdur Raheem. The plaintiffs claim that Mr. Raheem is being transferred in retaliation for the practice and advocacy by Raheem of religious liberties and of access to courts. Additionally, the plaintiffs contend that the disciplinary placement of Mr. Raheem in the Segregation Housing Unit SHU at the Auburn facility was in violation of State law and of principles of due process. A hearing was held on December 9, 10, 11, and 15, 1981, with respect to these arguments.

On February 22, 1982, this Court filed an Order denying the plaintiffs' application for preliminary and permanent injunctive relief. This Memorandum-Decision sets forth the bases for this disposition.

I.

Among the 1661 inmates presently incarcerated at the Auburn Correctional Facility, a maximum security institution, approximately 50, or roughly 4%, hold themselves out to be Sunni Muslims. Because they are a sect of the Islamic religion, Sunni Muslims follow the commandments of Allah, the sole deity; these commandments appear in the Holy Qur'an. Additionally, the Sunnis adhere to the commandments of Muhammad Ibn Abdullah, a prophet of Allah; Muhammad's teachings appear in the Hadith, a book of tradition. Each Sunni community is headed by an Imam, who is elected, for life, by the community members because of his knowledge of Islamic tenets and of his leadership abilities. Following his election, the community members take an oath, or Ba'yah, to obey and support the Imam as long as he obeys the commandments of the Qur'an and the Hadith, and as long as he is willing and able to serve as Imam.

In a prison setting, the Imam must strike a balance between his role as a spiritual leader and his status as an inmate. For example, the Imam is expected, in general, to provide spiritual guidance to community members, and, in particular, to lead the Friday afternoon religious, or jummuah, services, which would be held, ideally, in a mosque, or masjid. At these services, members must give absolute attention to the Imam. For this reason, noises or movements are discouraged because they are distracting. The presence of figures or other representations are disturbing during services because they are associated with idolotry. The presence of non-Muslims is also frowned upon.

Apart from providing spiritual guidance, the Imam also offers non-spiritual counseling, such as serving as an arbiter of disputes. An inmate Imam may also assist a community member adjust to prison life.

Because, in a prison setting, an Imam is also an inmate, a correctional facility, and especially a maximum security prison, may place restrictions upon an Imam's actions for reasons of security. At the Auburn facility, an Imam is not permitted to visit inmates in SHU, a protective custody and disciplinary unit, and cannot visit SHU inmates who have been hospitalized. Moreover, restrictions are placed upon an Imam's use of the telephone, as well as upon the financial resources available to the Imam and the Sunni community.

At least since 1975, when this lawsuit was commenced, the Sunni Muslim inmates at Auburn have voiced a number of concerns regarding the practice of their faith. The Auburn administration and the Ministerial and Family Services division of the Department of Correctional Services have responded to many of these concerns.

A member of the ministerial staff at Auburn has, for years, been designated by the office of the Commissioner of Ministerial Services to be an administrative liaison for the Sunni Muslims, as well as for other religious groups. Until very recently, the resident chaplain at Auburn, Father James C. Enright, had served since 1978 as a liaison for the Sunni Muslims, the American Muslim Mission, the Quakers, and for the Catholic population. In this capacity, Father Enright had been responsible for the provision of resources for the Sunni services, and for ensuring that the needs of the Sunni community were otherwise met.

Correctional authorities have also secured for the Sunni Muslims copies of the Qur'an, Hadith, and other texts. During the fiscal year 1980-81, ending March 31, 1981, the Sunni Muslim population at Auburn received the largest per capita expenditures for supplies than any other religious group in the facility.

Despite these responses, by the end of 1980 there were other matters of concern to the Sunni Muslims at Auburn which had not been redressed. Furthermore, among the Sunni leadership there had been sentiments that their liaison Father Enright had been unresponsive to their needs.

In an apparent effort to show the Sunni Muslims that the administration desired to keep open the lines of communication, a meeting was held on January 30, 1981, between Mr. Raheem, who was not elected Imam until February, 1981; the Superintendent of the Auburn facility, Robert J. Henderson; and other persons. A number of issues were raised by Mr. Raheem at this meeting, including the closing of the Sunnis' masjid in 1979, which came as a result of a disturbance in the masjid during which access to the area by security personnel had been impeded. Since that time, the Sunni Muslims had held their jummuah services in the Chapel. At the January meeting, Mr. Raheem explained that the Chapel was not structurally suitable for their services. Mr. Raheem also stated that the Sunni community needed storage space.

In response to the requests put forth by Mr. Raheem, the Superintendent expressed his opinion that quarterly meetings between his office and the Sunni community might be useful in order to facilitate communication. Additionally, because the Sunni Muslims believed that the chaplaincy should be doing more for them, the Deputy Superintendent in charge of security, Robert Nelepovitz, assigned Lt. Matro to "open doors" which, by virtue of his authority, probably would not be open for Father Enright. In this regard, Lt. Matro expedited the request for storage space, and made the Chapel more conducive to the holding of Sunni services by securing the removal of a number of pews.

Shortly after his appointment, Lt. Matro left the facility. It was not until later in the summer that another individual, Sgt. Murphy, was assigned to the position. He too left, however, and presently no one holds the post.

Although in February, 1981, the Sunnis received an affirmative response from the administration in regard to a corrections officer's disruption of Sunni classes, the Sunni Muslims continued to press various concerns. In April, 1981, they filed a series of inmate grievances concerning, inter alia, access by the Imam to the SHU and the performance of daily prayer. On this last point, Mr. Raheem maintained that the Sunnis should be allowed to perform their prayers, during shop, for example, in an Islamic manner which involved prostration. At the hearing, Mr. Raheem testified that only where there are exigent circumstances, such as a life or death situation, or where a Sunni Muslim is riding in some mode of transportation, could a Muslim deviate from this manner of prayer. Superintendent Henderson denied all these grievances, noting on the question of prayer that an earlier Imam at the facility had represented that, during shop, prayer would be permissible in a sitting or standing position.

During part of the month of June, 1981, Mr. Raheem was in New York City, testifying in a trial. During his absence, the Sunni clerk, Richard Williams, also known as Kufanya, served as acting Imam.

Following his return in early July, 1981, Mr. Raheem was of the opinion that the situation regarding the chaplaincy had deteriorated. Mr. Raheem stated at the hearing that Father Enright had expressed open hatred for the Sunni Muslims; had characterized a state law suit as meritless; and had stated at some time that the filing of suits and grievances would not help the Sunnis' relationship with the administration and might result in Mr. Raheem's transfer. Mr. Raheem also testified that once he had received unsolicited spiritual advice from Father Enright regarding the performance of daily prayer.

Although denying that he hated Sunni Muslims, or that he expressed a hatred for Sunni Muslims, Father Enright testified that he did express his opinion to Mr. Raheem that litigation was a less preferable way of dispute resolution than other means, and that litigation made communication difficult. The resident chaplain stated further that he mentioned to Mr. Raheem, based upon information he had received from a Muslim Imam employed by the Department of Correctional Services, that, on a bus, or when situations prevented prostration, Mr. Raheem could perform his prayers in an alternative manner. Additionally, Father Enright said that his relationship with Mr. Raheem generally seemed cordial and business-like. Finally, Father Enright noted that during Ramadan, the period of fasting during the month of July, he had...