James Hill, A/K/A Amin Khatib Muhammad v. David Blackwell and Donald Wyrick

774 F.2d 338, 1985 U.S. App. LEXIS 24333
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 10, 1985
Docket84-2258
StatusPublished
Cited by63 cases

This text of 774 F.2d 338 (James Hill, A/K/A Amin Khatib Muhammad v. David Blackwell and Donald Wyrick) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Hill, A/K/A Amin Khatib Muhammad v. David Blackwell and Donald Wyrick, 774 F.2d 338, 1985 U.S. App. LEXIS 24333 (8th Cir. 1985).

Opinions

FAGG, Circuit Judge.

James Hill, an inmate at the Missouri State Penitentiary, brought suit under 42 U.S.C. § 1983 claiming that a prison grooming regulation prohibiting the growing of beards by prison inmates violates his first amendment right to exercise freely his religion. The district court agreed with Hill and thus enjoined enforcement of the regulation against Hill and other similarly situated inmates. We reverse.

Facts

Hill is a member of the Muslim faith. The wearing of facial hair, including beards and moustaches, is a practice of the Muslim religion. A regulation promulgated by the Department of Corrections of the State of Missouri prohibits inmates in Missouri penal institutions, exclusive of certain minimum security facilities, from growing beards. The regulation provides:

(2) The wearing of sideburns and mustaches will be permitted. Sideburns may not extend lower than the bottom of the ear, and mustaches will be no wider than the mouth. As beards can dramatically alter the inmate’s appearance and, thereby, present serious identification problems, only inmates assigned to the State Correctional Pre-Release Center, Ka-Cee Honor Center, St. Mary’s Honor Center, or a halfway house program will be permitted to grow beards. All inmates reassigned from any of these programs will be expected to shave their beard[s] and comply in all other respects with the grooming policy in effect at the institution to which they are reassigned.

After filing two grievances with the prison board in which Hill requested and was denied an exemption from the regulation on religious grounds, Hill filed this suit in district court. After an evidentiary hearing, the district court determined that Hill sincerely believed in the Muslim faith and that the “grooming regulation prohibiting beards is not reasonably and substantially justified by considerations of prison security and is, therefore, violative of the First Amendment’s guarantees of religious freedom.” Further, the district court stated that “[t]o the extent that the defendants have introduced evidence that the absence of the regulation would create a potential security risk, the Court concludes that there is substantial evidence that the defendants’ claims of security risk are exaggerated.”

On appeal, David Blackwell, director of the Missouri Department of Corrections, Division of Adult Institutions, and Donald Wyrick, warden of the Missouri State Penitentiary, defendants below, do not dispute that Hill’s desire to grow a beard is founded upon a sincerely held religious belief. See Quaring v. Peterson, 728 F.2d 1121, [340]*3401123 (8th Cir.1984), aff'd by an equally divided Court sub nom. Jensen v. Quaring, — U.S. —, 105 S.Ct. 3492, 86 L.Ed.2d 383 (1985). Rather, Blackwell and Wyrick maintain that the beard regulation is reasonably justified by legitimate concerns for prison security, and further that the prison officials’ response to their legitimate concerns for prison security is not exaggerated. Based upon the record evidence, we agree with Blackwell’s and Wyrick’s contentions.

Applicable Law

It can no longer be questioned that “convicted prisoners do not forfeit all constitutional protections by reason of their conviction and confinement in prison.” Bell v. Wolfish, 441 U.S. 520, 545, 99 S.Ct. 1861, 1877, 60 L.Ed.2d 447 (1979). “Reasonable opportunities must be afforded to all prisoners to exercise the religious freedom guaranteed by the First and Fourteenth Amendments without fear of penalty.” Cruz v. Beto, 405 U.S. 319, 322 n. 2, 92 S.Ct. 1079, 1081 n. 2, 31 L.Ed.2d 263 (1972) (per curiam). “The fact of confinement and the needs of the penal institutions [do, however,] impose limitations on [the exercise of] constitutional rights, including those derived from the First Amendment, which are implicit in incarceration,” Jones v. North Carolina Prisoners’ Union, 433 U.S. 119, 125, 97 S.Ct. 2532, 2537, 53 L.Ed.2d 629 (1977). “In sum, there must be [a] mutual accommodation between institutional needs and objectives and the provisions of the Constitution that are of general application.” Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974).

The Supreme Court has considered a number of cases involving a conflict between constitutional rights and legitimate objectives of penal institutions. In Procunier v. Martinez, 416 U.S. 396, 404-05, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974), the Court recognized

that the problems of prisons in America are complex and intractable, and, more to the point, they are not readily susceptible of resolution by decree. Most require expertise, comprehensive planning, and the commitment of resources, all of which are peculiarly within the province of the legislative and executive branches of government. * * * [W]here state penal institutions are involved, federal courts have a further reason for deference to the appropriate prison authorities.

At issue in Martinez was the constitutionality of a regulation concerning the censorship of prison inmates’ mail. Contrary to the assumption of the parties involved, the Court concluded that the case did not require “an assessment of the extent to which prisoners may claim First Amendment freedoms.” Id. at 408, 94 S.Ct. at 1809. Noting “that the First Amendment liberties of free citizens are implicated in censorship of prisoner mail,” the Court looked “not to cases involving questions of ‘prisoners’ rights,’ but to decisions of [the] Court dealing with the general problem of incidental restrictions on First Amendment liberties imposed in furtherance of legitimate governmental activities.” Id. at 409, 94 S.Ct. at 1809. The Court then determined that censorship of prisoner mail is justifiable if “[f]irst, the regulation or practice in question * * * furthers] an important or substantial governmental interest unrelated to the suppression of expression” and “[s]econd, the limitation of First Amendment freedoms [is] no greater than is necessary or essential to the protection of the particular governmental interest involved.” Id. at 413, 94 S.Ct. at 1811.

The same year, in Pell v. Procunier, 417 U.S. 817, 94 S.Ct. 2827, 41 L.Ed.2d 495 (1974), the Court considered a challenge to a prison regulation prohibiting face to face interviews between press representatives and individual inmates whom the press specifically name and request to interview. In response to the prisoners’ claim that the regulation violated their first amendment rights to free speech, the Court noted that “[i]n the First Amendment context * * * a prison inmate retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legit[341]*341imate penological objectives of the corrections system.” Id. at 822, 94 S.Ct. at 2804.

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Bluebook (online)
774 F.2d 338, 1985 U.S. App. LEXIS 24333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-hill-aka-amin-khatib-muhammad-v-david-blackwell-and-donald-wyrick-ca8-1985.