Jackson-Bey v. Hanslmaier
| Decision Date | 30 May 1997 |
| Docket Number | D,No. 471,JACKSON-BE,P,471 |
| Parties | Travislaintiff-Appellant, v. Robert HANSLMAIER, Superintendent of Woodbourne Correctional Facility, Lieutenant Jones, Watch Commander at Woodbourne Correctional Facility, individually and in their official capacities, Philip Coombe, Commissioner of New York, Department of Correctional Services, Sylvia A. Laguna, Director of the Inmate Grievance Resolution Committee, Defendants-Appellees. ocket 96-2349. |
| Court | U.S. Court of Appeals — Second Circuit |
Travis Jackson-Bey, pro se, Woodbourne, NY, for Plaintiff-Appellant.
Kathleen P. Murray, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General, New York, Thomas D. Hughes, Assistant Solicitor General), for Defendants-Appellees.
Before KEARSE, WALKER, and JACOBS, Circuit Judges.
In March of 1995, plaintiff Travis Jackson-Bey, an inmate at Woodbourne Correctional Facility in New York ("Woodbourne"), commenced this action pro se under 42 U.S.C. § 1983, alleging that Woodbourne officials Jackson-Bey appeals from the order of the United States District Court for the Southern District of New York (Charles S. Haight, Senior District Judge ) dismissing his complaint without prejudice for lack of standing based on Jackson-Bey's failure to register as an MST member on facility records as required by Woodbourne. Because we agree with the district court that Jackson-Bey's failure to register bars his present action, we affirm.
Robert Hanslmaier, acting superintendent, and Lieutenant Jones, watch commander, violated the Free Exercise Clause of the First Amendment by precluding him from wearing to his father's funeral white garments and a red fez as prescribed by his religion, Moorish Science Temple ("MST"), an Islamic sect. Jackson-Bey alleges that this denial was part of a pattern of discriminatory acts by defendants against Woodbourne inmates who adhere to the beliefs of the MST.
Because Jackson-Bey challenges the actions of prison officials in implementing the policy for accommodating the religious beliefs of inmates at Woodbourne, a brief review of that policy is necessary.
The official policy is codified in Department of Correctional Services ("DOCS") Directive No. 4202, applicable to prison facilities throughout New York. That directive designates the Senior Chaplain to serve as the principal advisor to Woodbourne's superintendent on religious activities; the Senior Chaplain is responsible for planning the prison's religious program, including gauging the religious needs of the inmate population and identifying resources necessary for the conduct of the religious program. Religious Programs & Practices, DOCS Directive No. 4202(B) dated Nov. 26, 1982. Defendants claim that "[w]hen certification through a Chaplain indicates a clearly defined ecclesiastical requirement, adjustments or accommodations can be made to departmental policy in limited ways." Defs.' Resp. to Pl.'s First Set of Admis., Sept. 12, 1995 (No. 95 Civ. 2349(CSH)). In an effort to meet the religious needs of the inmate population, the directives provide for accommodations to allow inmates to gather for the purposes of religious study and for the observation of religious days of celebration and Sabbaths. DOCS Directive No. 4202(C), (D), & (E). In addition, Woodbourne procedures allow inmates to wear religious medals, head coverings, and special garments. DOCS Directive No. 4202(J); Religious Head Coverings, Mem. dated Aug. 8, 1990.
Not all religious needs can be accommodated at Woodbourne consistent with penological requirements, however, and DOCS Directive No. 4202 spells out certain aspects of the prison's religious program, including some limitations to the exercise of religious freedom by inmates.
Because of staffing, space, and security considerations, it may be necessary to restrict the attendance of inmates at religious activities as follows:
1. Participation in a religious celebration, service, or study group by an inmate is voluntary.
2. An inmate may attend only the religious programs of his designated religion as noted in facility records.
3. Inmates who desire to learn about the religious practices of another faith may do so after consultation with the Senior Chaplain who will determine when their attendance can be accommodated at a service or study session.
4. After consultation with his spiritual advisor and the Senior Chaplain, an inmate may change his religious affiliation. The Senior Chaplain will make the necessary changes in facility records.
DOCS Directive No. 4202(F). In addition, "[i]nmates are not allowed to wear garb of religions not their own." Defs.' Resp. to Pl.'s Second Set of Interrogs., Sept. 12, 1995 (No. 95 Civ. 2349(CSH)).
Central to this case is the registration requirement referred to in subparagraphs 2 and 4 of DOCS Directive No. 4202(F) above. As described in the affidavit of Woodbourne's Senior Chaplain, Reverend Randolph Fields Also significant in this action is DOCS Directive No. 4901 which codifies DOCS's policy on the attire an inmate must wear on funeral visits. Defendants have not provided a copy of DOCS Directive No. 4901 for the record. However, defendants' response to Jackson-Bey's interrogatory requests contained the unopposed assertion that the directive provides that all inmates are required to wear state-issued civilian clothing to funeral services. Neither plaintiff nor defendants have pointed to any DOCS directive that allows an inmate to bring special religious garments to a funeral. However, defendants admit that where an inmate's religion, as registered with Woodbourne, prescribes special funeral garments, they will allow the inmate to wear those garments. Defs.' Resp. to Pl.'s Second Set of Interrogs., Sept. 12, 1995 (No. 95 Civ. 2349(CSH)) ().
the registration procedure provides that a prisoner may identify his religious affiliation on his initial intake records. Aff. of Rev. Randolph Fields dated Jan. 23, 1996 (No. 95 Civ. 2349(CSH)) ("Fields Aff."). At any time thereafter, a prisoner may change his registered religion by completing a one-page form in the presence of a prison chaplain. Id. That form requires an inmate to fill in his name, the religion to which he wishes to change his religious preference, and the religion with which he was previously affiliated. Id.
The events underlying the present action began in late February of 1995, when Jackson-Bey was notified of his father's death and granted permission to attend the funeral services. On February 22, 1995, Hajji H.A. Muhammad, an Islamic Chaplain at Woodbourne, wrote a memorandum advising the watch commander, defendant Lieutenant Jones, that Jackson-Bey was "for religious/ SPIRITUAL REASONS permitted to attend memorial services (for his father)" in the attire prescribed by his religious order, MST, including white garments and a red fez. Religious Advice on Funeral Trip of Travis Jackson, Mem. dated Feb. 22, 1995.
Because Jackson-Bey was not registered as a member of the MST on Woodbourne facility records, defendants did not allow Jackson-Bey to wear the religious clothing prescribed by the MST faith; instead, they required him to wear state-issued western style clothing to the funeral pursuant to DOCS Directive No. 4901. Believing that by not wearing white garments and the red fez, he would disgrace his father's memory and betray his MST faith, Jackson-Bey chose not to attend the funeral. He was thus unable to fulfill his religious obligation to perform a final prayer at his father's memorial service.
Following this incident, Jackson-Bey filed an administrative grievance claiming a denial of his religious rights and seeking "[a] written formal apology, as well as facility and departmental respect and recognition of the Islamic sects." Inmate Grievance Complaint dated Feb. 24, 1995, No. WB 8/28/95, Woodbourne Correctional Facility. Defendant Lieutenant Jones responded to the grievance by simply stating that pursuant to DOCS Directive No. 4901, all inmates are required to wear state-issued civilian clothing to funeral services. Inmate Grievance Program, Investigative Report Form.
On March 6, 1995, Jackson-Bey, acting pro se, filed the present action against the defendant prison officials under 42 U.S.C. § 1983, claiming that the defendants violated the Free Exercise Clause of the First Amendment when they denied him permission to wear the MST prescribed clothing to his father's funeral. Jackson-Bey further asserted that the funeral incident was part of a pattern at Woodbourne of religious suppression that included denying MST members permission to worship in congregations or to have study classes.
On August 1, 1995, Jackson-Bey filed a motion for a preliminary injunction to enjoin the defendants from interfering with the exercise of the MST religion at Woodbourne and from retaliating against MST members for filing suit. In response, defendant Hanslmaier claimed in an affidavit that Jackson-Bey lacked standing to file his action. Hanslmaier stated that Jackson-Bey was "registered On December 7, 1995, the district court ordered the parties to brief the issue of Jackson-Bey's standing to bring the present action. They did so, and on April 11, 1996, the district court dismissed Jackson-Bey's complaint on the ground that because he had failed to register as a member of MST, he lacked standing to bring this suit. Jackson-Bey v. Hanslmaier, No. 95 Civ. 2349(CSH), 1996 WL 173156 (S.D.N.Y. Apr.11, 1996). Jackson-Bey appeals from this dismissal.
as a member of the Muslim religion and has refused to change his registration to Moorish Science Temple (when asked directly by the...To continue reading
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