Knuckles v. Prasse, 18761-18765

• Decision Date: 28 December 1970
• Docket Number: No. 18761-18765,18829,18830.,18761-18765
• Citation: 435 F.2d 1255
• Parties: William E. KNUCKLES, Appellant in No. 18761, Arthur L. McKEE, Isiah Green and Joseph Tillery v. Arthur X. PRASSE, Commissioner of Correction, Commonwealth of Pennsylvania and Joseph R. Brierley, Supt. and A. T. Rundle and Clarence R. Wolfe and David N. Meyers, Appellants in No. 18829. Appeal of Arthur L. McKEE in No. 18,762. Appeal of Isiah GREEN, in No. 18,763. Appeal of Joseph TILLERY, in No. 18,764. James WASHINGTON, Appellant in No. 18,765, v. J. R. BRIERLEY, Supt., Appellant in No. 18,830.
• Court: U.S. Court of Appeals — Third Circuit

435 F.2d 1255 (1970)

William E. KNUCKLES, Appellant in No. 18761, Arthur L. McKEE, Isiah Green and Joseph Tillery v. Arthur X. PRASSE, Commissioner of Correction, Commonwealth of Pennsylvania and Joseph R. Brierley, Supt. and A. T. Rundle and Clarence R. Wolfe and David N. Meyers, Appellants in No. 18829.

Appeal of Arthur L. McKEE in No. 18,762.

Appeal of Isiah GREEN, in No. 18,763.

Appeal of Joseph TILLERY, in No. 18,764.

James WASHINGTON, Appellant in No. 18,765, v. J. R. BRIERLEY, Supt., Appellant in No. 18,830.

Nos. 18761-18765, 18829, 18830.

United States Court of Appeals, Third Circuit.

Argued December 1, 1970.

Decided December 28, 1970.

Walter L. Foulke, Philadelphia, Pa., for appellants.

Herbert Monheit, Asst. Atty. Gen., Harrisburg, Pa., by Mabel G. Turner, Sp. Asst. Atty. Gen., Philadelphia, Pa., on the brief, for appellees.

Before KALODNER, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Before us are cross-appeals from a judgment of the district court granting partial relief sought under the Civil Rights Act, 42 U.S.C.A. § 1983 by inmates of a state prison who are followers of The Honorable Elijah Muhammad, often called Muslims or Black Muslims, a sect of the Islamic religion. The district court ordered the prison officials to permit collective religious services conducted by accredited ministers of their faith, "so long as the doctrines espoused by the ministers are identical to those Minister Jeremiah Shabazz testified to during the court proceedings."

The court found it was not mandatory that the prison authorities make available Muslim periodicals and books requested by the plaintiffs because these writings "could be interpreted as an endorsement of a concept that whites generally and prison authorities should be defied by Muslim prisoners even when legal orders or demands are made." The court explained that "such a view is not an appropriate interpretation of Black religious Muslim doctrine * * * Since the literature could be subject to inferences urging such defiances if not interpreted by a trained Muslim minister, I rule that it is not mandatory that the prison authorities make available to prisoners the writings." The court specifically found that "in the hands of the inmate who is not fully informed of the Black Muslim doctrine * * * the literature could constitute a `clear and present danger of a breach of prison security or discipline or some other substantial interference with the orderly function of the institution. Long v. Parker, 3 Cir., 390 F.2d 816, 820, 822.'" Knuckles v. Prasse, 302 F.Supp. 1036, 1058, 1059 (Ed.Pa.1969). This same reasoning apparently governed its decision relating to the wearing of medals.

Similarly, we will not disturb the two conclusions that the plaintiffs had been subjected to "cruel and unusual punishment" for two and one-half days. We reject the appeal of the prison authorities grounded on the argument of insufficient evidence and the plaintiff-appellants' argument that the court erred in not finding that the conditions persisted beyond this limited time, and that they were entitled to money damages as a matter of law.

This court has previously said in Gittlemacker v. Prasse, 428 F.2d 1, 4 (3 Cir. 1970): "To...