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Page: Profile: Wren's Nest News Local
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Article: 20993
[Civil]
Date Posted:
8/5/2009
10:03:25 am EDT
Wvox Stats
Views: 3,086
RSS: 10,897
Comments: 5
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Court Must Rehear Rastafarian Hair Case
Author: The State Source: The State (SC)
Title: COURT MUST REHEAR RASTAFARIAN HAIR CASE
A Fourth Circuit U.S. Court of Appeals panel says an S.C. court must take another look at a Rastafarian inmate’s claim that prison workers violated his religious rights by forcibly shaving his hair.
Smith claims employees at Kirkland Correctional Institution’s maximum security unit violated his religious rights when they held him down and shaved his hair in 2002 and 2003.
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Community Thoughts: There are 5 comments posted | Reverse Sort |
| SORRY, BUT.... | Aug 7th. at 5:30:51 am EDT
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Whitewolf (Schenectady, New York) - Email Me
he made his bed, let him sleep in it!
Love to all
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| I See Your Point | Aug 6th. at 11:35:11 am EDT
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Panthea Ge (T-Town, Michigan) - Email Me
and thuggery is a good choice of words. However (and this is right out of the legal documents of the case) :
" The MSU has a grooming policy (MSU grooming policy or
MSU policy) that requires inmates "to wear close-cropped
haircuts for security reasons." J.A. 658. It also provides that
"[i]nmates may . . . be given forced haircuts or shaves if they
refuse to comply with the haircut and shave schedule." J.A.
664. The MSU grooming policy, including its provision
authorizing the use of force, has been in effect since at least
January 1, 2002. Smith, who is a practicing Rastafarian,
refused to comply with the grooming policy because of his
religious beliefs. As a result, MSU employees forcibly shaved
Smith’s head with clippers on at least two occasions: on
November 9, 2002, and on August 13, 2003."
" The SCDC also has a grooming policy (SCDC grooming
policy or SCDC policy) applicable throughout the Department
of Corrections that requires male inmates to keep their hair
"neatly cut (not to exceed one [1"] inch in length) and [it]
must remain above the shirt collar and above the ear (not
touching the ear) ." J.A. 388. A May 1, 2004, amendment to
the SCDC grooming policy authorizes prison employees to
forcibly administer haircuts to inmates who refuse to comply."
"RLUIPA, in relevant part, provides that:
No government shall impose a substantial burden on
the religious exercise of a person residing in or con-
fined to an institution . . . even if the burden results
from a rule of general applicability, unless the government demonstrates that imposition of the burden
on that person—
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest."
We have to ask whether the guards used proper procedure for restraining a maximum security inmate, and then did the state impose a "substantial burden" by cutting his hair?
Sometimes I think we don't give judges and lawyers nearly enough credit. Glad I'm not one!
Find More info -- HERE
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| Settled Law - Prison State Paid Thugs Violated Law | Aug 5th. at 5:20:55 pm EDT
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Terry (Irvington, Virginia) - Email Me
There's been enough precedent on prisons and hair issues, including Virginia losing cases in this same 4th Circuit, that the guards in this case had both the ability and specific obligation to know that law and obey it.
If only our legal system didn't exempt most what are rightfully crimes by arrogant government thugs, the guard-defendants in this suit deserve to see how they'd do in adjoining cells, and paying civil damages personally.
Being an inmate under settled law (give or take loads of hypocrisy, especially related to voter and firearm rights after sentences are served) does not result in loss of citizenship, nor rights inherent therein. It does raise narrow issues of when for compelling safety reasons government may temporarily limit exercise of some rights, or require others be exercised in forms not resulting in serious safety hazards in penal institutions. While Rasta hair does have some potential for abuse, skinheads also hide weapons and drugs, among other prison management problems. The hair styles in this case may be annoying to some jackboot thugs, but they do not meet the legal standards for government abridging religious rights.
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| A Touch Of Hypocrisy | Aug 5th. at 2:28:08 pm EDT
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Panthea Ge (T-Town, Michigan) - Email Me
Getting into prison means that someone has demonstrated that they are unwilling or unable to respect the rights of others in society.
Should we really care if then they turn around and cry foul when someone does it to them?
I say no. They forfeit their rights when they did the crime that landed them there. No hiding behind religion. No power games.
It's not Club Med. Suck it up and do the time.
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| Well... | Aug 5th. at 11:26:11 am EDT
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bigcat (peoria, Illinois) - Email Me
One would be surprised at where some prisoners can hide weapons, some that can pass metal detectors.
While I am sorry his rights were violated, I feel that the safety of others would be their first concern.
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