Hbrandon Lee Flagner v. Reginald Wilkinson

241 F.3d 475, 2001 U.S. App. LEXIS 2560, 2001 WL 170807
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 22, 2001
Docket99-4145
StatusPublished
Cited by171 cases

This text of 241 F.3d 475 (Hbrandon Lee Flagner v. Reginald Wilkinson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hbrandon Lee Flagner v. Reginald Wilkinson, 241 F.3d 475, 2001 U.S. App. LEXIS 2560, 2001 WL 170807 (6th Cir. 2001).

Opinions

OPINION

MOORE, Circuit Judge.

The plaintiff, Hbrandon Lee Flagner, filed a 42 U.S.C. § 1983 action alleging that an Ohio prison grooming regulation violated his constitutional right to practice his religion. The defendants ask this court to reverse the district court’s order denying the defendants’ summary judgment motion based on qualified immunity, arguing that Flagner has not alleged a constitutional violation and that the regulation has a valid penological basis. Based on our precedent in Pollock v. Marshall, 845 F.2d 656, 659-60 (6th Cir.), cert. denied, 488 U.S. 897, 109 S.Ct. 239, 102 L.Ed.2d 228 (1988), we REVERSE the district court’s denial of the defendants’ motion for summary judgment based on qualified immunity. We also conclude that Flagner may bring an as-applied challenge to the Ohio prison grooming regulation and that there is a factual dispute on the issue of whether the defendants have a valid peno-logical interest. Accordingly, we REMAND to the district court so that Flag-ner’s claims for declaratory and injunctive relief may proceed.

I. BACKGROUND

Flagner has been incarcerated with the Ohio Department of Rehabilitation and Correction (ODRC) since 1986. Flagner is a practicing Orthodox Hasidic Jew who brought a § 1983 suit against prison officials challenging the enforcement of Ohio Administrative Code §§ 5120-9-25(D) and (F),1 a prison grooming regulation which [478]*478requires Flagner to cut his beard and side-locks, also referred to as “peos,” in contravention of the tenets of his religious faith.2 The defendants are ODRC employees who work at either the Lebanon Correctional Institution (LeCI) or the Madison Correctional Institution (MaCI). Flagner was imprisoned at LeCI from July 8, 1994 to November 20, 1996, and transferred shortly thereafter to MaCI. Prior to his transfer to LeCI, Flagner resided at the Mansfield Correctional Institution. He is currently incarcerated at Ross Correctional Institution.

In 1987, Flagner began studying Judaism and formally converted to Orthodox Judaism in 1991 while incarcerated at the Mansfield Correctional Institution. His religious affiliation has been recognized by the defendants and is not in dispute in this case. Flagner testified during the preliminary injunction evidentiary hearing held on December 3, 1996, that between 1991 when he converted to Judaism and prior to his transfer to LeCI in 1994, Mansfield prison officials did not make any effort forcibly to cut his beard or sidelocks. In fact, a period of five years passed between the time Flagner converted to Orthodox Judaism in 1991 until his first forced cutting in 1996.

On January 26, 1996, Flagner was given a direct order by Defendant Bobby Couch of LeCI, to comply with the grooming regulation, but Flagner refused, stating his religious tenets prevented compliance. On February 16, 1996, the Rule Infractions Board found Flagner guilty of disobeying the order and sentenced him to time in a disciplinary isolation unit. On June 21, 1996, Flagner received another direct order from Defendant Couch to comply with the grooming regulation. Flagner then filed a grievance on June 28, 1996, which was reviewed by Defendant David Gardner, Inspector of Institutional Services, on July 11, 1996. In his disposition, Defendant Gardner stated that Flagner was in violation of § 5120-9-25(D) and was required to comply with the regulation. Failure to comply would subject Flagner to “appropriate disciplinary action [479]*479[ ][w]hich may include requiring [Flag-ner’s] hair to be cut or trimfmed] against [his] wiU.” Joint Appendix (“J.A.”) at 135 (Disposition of Grievance Form). Flagner continued to refuse to comply with the regulation. On July 29, 1996 and in April 1998, the defendants forcibly cut Flagner’s beard and sidelocks. Between the time of Flagner’s forced cuttings in July 1996 and April 1998, the defendants exempted him and four Native American inmates from the grooming regulation.

Defendant Curtis Wingard, the warden of MaCI testified in his deposition that exempting Flagner from the grooming regulation did not pose additional security problems at MaCI; no additional security precautions were taken with Flagner in excess- of the security measures taken with inmates who complied with the grooming regulation. Defendant Wingard also testified that MaCI has neither been required to provide additional security, nor to approve additional overtime to provide security for Flagner and the four Native Americans who were exempted from the grooming regulation. The defendants have only searched Flagner’s beard on less than five occasions. These searches have typically involved the defendant running his own fingers through his beard and sidelocks; this process generally took two to three seconds to complete, and contraband has never been recovered from Flag-ner’s beard.

II. PROCEDURAL HISTORY

On September 6, 1996, Flagner filed a pro se § 1983 action against the Director of ODRC and the warden of LeCI where he was then incarcerated, alleging violations of his religious rights. On January 3, 1997, Flagner filed an amended complaint to include allegations against the warden at MaCI. The magistrate judge held an evidentiary hearing on January 9, 1997 regarding Flagner’s motion for a preliminary injunction to.prevent the defendants from forcibly cutting his beard and side-locks. On January 14, 1997, the magistrate judge recommended granting Flag-ner’s motion for preliminary injunction. The district court reversed the magistrate judge’s Report and Recommendation and denied Flagner’s motion in an order filed on August 8, 1997. The defendants moved for summary judgment on March 27, 1998, and Flagner filed a cross motion for partial summary judgment on June 8, 1998. On February 3, 1999, the magistrate judge entered a Report and Recommendation denying both the defendant’s motion for summary judgment and Flagner’s cross motion for summary judgment, which the district court adopted in an order dated March 29,1999.

On May 13, 1999, the defendants filed a second motion for summary judgment based on qualified immunity which is at issue in the present case. On August 24, 1999, the district court entered an order denying the defendant’s motion because “[a] reasonable prison official would have known in 1996 that he could not cut Flag-ner’s beard and sidelocks in contravention of his sincerely held religious beliefs in the absence of legitimate penological interests relating to the enforcement of the hair length regulation.”3 J.A. at 236-37 (D.Ct. Order of 8/24/99). The defendants timely filed their Notice of Appeal on September 20, 1999.

III. ANALYSIS

A. Jurisdiction

This court has jurisdiction over the appeal from the district court’s order because denial of summary judgment based on qualified immunity is an immediately appealable collateral order. See Mattox v. City of Forest Park, 183 F.3d 515, 518 (6th [480]*480Cir.1999) (citing Mitchell v. Forsyth, 472 U.S. 511, 525, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), which categorized the denial of qualified immunity as a collateral order under Cohen v. Beneficial Indus. Loan Corp.,

Related

Cite This Page — Counsel Stack

Bluebook (online)
241 F.3d 475, 2001 U.S. App. LEXIS 2560, 2001 WL 170807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hbrandon-lee-flagner-v-reginald-wilkinson-ca6-2001.