Wilson v. Schillinger

761 F.2d 921
Court of Appeals for the Third Circuit·Decided May 1, 1985·No. Nos. 83-5914, 84-3023·Published·Cited by 48 cases

Opinion

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

The plaintiff, Stephen Roger Wilson, brought an action under 42 U.S.C. § 1983 (1982) in federal district court against defendants,1 who are prison officials at the State Correctional Institution at Pittsburgh (SCIP). Plaintiff alleged that defendants denied him the free exercise of religion and the right to equal protection by their enforcement of a prisoner grooming regulation against him. Plaintiff, a Rastafarian, contended that the regulation conflicts with a tenet of his religion that proscribes members from touching their hair with sharp objects. Moreover, plaintiff contended that the regulation has been enforced discrimi-natorily. The district court held that defendants did deny plaintiff his freedom of religion and enjoined them from further enforcement of the grooming regulation against him. The court, however, reached no conclusion as to the equal protection claim. Finally, the court denied plaintiff’s request for monetary damages, holding that defendants were entitled to qualified immunity for their actions.

Both parties filed timely appeals of the district court’s judgment. This court has jurisdiction pursuant to 28 U.S.C. § 1291 (1982). For the reasons stated in this opinion, we will vacate the judgment of the district court and direct the entry of judgment for defendants.

[923] I. Facts

Plaintiff is a member of the Rastafarian religion. Rastafarians abide by the dictates of the Old Testament which forbid sharp objects from touching the hair on their bodies. As a Rastafarian, plaintiff does not wish to cut the hair on his head.

Upon entering the Pennsylvania prison system, plaintiff was processed at the Western Diagnostic and Classification Clinic at SCIP. While in the clinic on August 17, 1982, defendant George Schillinger, a corrections officer at SCIP, ordered plaintiff to get his hair cut. Schillinger gave the order pursuant to Administrative Directive 807 of the Pennsylvania Bureau of Correction (promulgated in 1972), which restricts male inmates from having hair that falls below the top of the collar in length and beards or goatees that are longer than three inches.2 Plaintiff did not comply, explaining that it was contrary to his religious beliefs to cut his hair. As a result, Schillinger filed a misconduct report against plaintiff. The report, which cited plaintiff for “failure to obey an order” and “failure to follow the safety and sanitation regulations,” was approved by defendant E.J. Locher and delivered to plaintiff by defendant C.J. Simpson, both of whom were corrections officers at SCIP.

On August 19, 1982, SCIP held a misconduct hearing before defendants Captain Lawrence Tohey, Joseph Morrash, and Leroy Sattler. At the hearing, plaintiff again explained that his refusal to cut his hair was based on his religious beliefs. The committee nevertheless sentenced plaintiff to thirty days in “A range,” a punitive segregation unit.

Plaintiff then appealed his sentence to the Program Review Committee (PRC) of the prison. The PRC, which consisted of defendants Margaret Moore, James Wig-ton, and Lawrence Weyandt, heard plaintiff’s appeal on September 9, 1982. At the hearing, the committee advised plaintiff of the procedure to follow in obtaining a religious exemption. During the hearing, Ms. Moore acknowledged the existence of the Rastafarian religion and of its tenet forbidding members to cut their hair. Nevertheless, the PRC affirmed the decision of the misconduct hearing committee and ordered that plaintiff be returned to punitive segregation to complete his sentence. Plaintiff stated his intention to pursue the matter further in federal court.

While serving his sentence, plaintiff appealed the decision of the PRC to defendant George Petsoek, the superintendent of SCIP. Because plaintiff’s appeal of the PRC’s decision was based on a request for a religious exemption, rather than a challenge to the finding that he violated Directive 807, Superintendent Petsoek declined to alter plaintiff’s punishment.

In contrast to their treatment of plaintiff for his refusal to cut his hair, prison officials at SCIP did not enforce Directive 807 against at least one inmate, who adheres to an American Indian religion.3 Defendant Wigton testified that he did not enforce the grooming regulation against American Indians because he believed they had been granted an exemption by the Bureau of Correction. Wigton testified at a supplemental hearing that his belief was incorrect and that no such exemption from Directive [924]*924807 has been granted to American Indians or any other religious group.4

Shortly after plaintiff served his disciplinary sentence at SCIP, his classification process was completed and he was transferred to the State Correctional Institution at Huntingdon (SCIH). Plaintiff has remained at SCIH except for the brief periods in which he was returned to SCIP for the district court proceedings in this case that were conducted in Pittsburgh. Plaintiff testified that Directive 807 has not been enforced against many of his fellow inmates at SCIH, although it is being enforced against him. Moreover, plaintiff asserts that, on his several brief return trips to SCIP, he has seen many inmates whose hair is longer than permitted and who have not been placed in punitive segregation. According to defendant Wigton, some violators of Directive 807 at SCIP now receive alternative forms of punishment if there is no available space in the punitive segregation units at the prison. Hearing at 38-39, Wilson v. Schillinger, No. 82-1801 (W.D.Pa. Sept. 26, 1983) (testimony of Wigton).

II. Procedural History

Plaintiff Wilson submitted his complaint in this action on August 26, 1982, in the Western District of Pennsylvania. On August 30, a United States Magistrate granted plaintiff leave to proceed in forma pau-peris. The case was referred to the magistrate for preliminary findings of fact and a recommendation for disposition. The magistrate conducted an evidentiary hearing on April 25, 1983. Following the discovery by two of defendants’ witnesses that they had given erroneous information at that hearing, a supplemental hearing was held on September 26, 1983.

Free access — add to your briefcase to read the full text and ask questions with AI

Wilson v. Schillinger, 761 F.2d 921 (3d Cir. 1985).

761 F.2d 921 (Wilson v. Schillinger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

VAZQUEZ v. DAVIS
E.D. Pennsylvania, 2025
WILLIAMS v. SORBER
E.D. Pennsylvania, 2024
Eden v. Rivello
M.D. Pennsylvania, 2024
McKinnon v. Schmidt
D. Maryland, 2022
TROTMAN v. SMITH
W.D. Pennsylvania, 2021
Witherspoon v. Larose
D. Maryland, 2020
PEREZ v. VEGA
E.D. Pennsylvania, 2020
Suber v. Guinta
927 F. Supp. 2d 184 (E.D. Pennsylvania, 2013)
Holland v. Taylor
604 F. Supp. 2d 692 (D. Delaware, 2009)
Di Loreto v. Costigan
600 F. Supp. 2d 671 (E.D. Pennsylvania, 2009)
Watson v. Methacton School District
513 F. Supp. 2d 360 (E.D. Pennsylvania, 2007)
Alba v. Housing Authority of City of Pittston
400 F. Supp. 2d 685 (M.D. Pennsylvania, 2005)
Williams v. Wade
354 F. Supp. 2d 894 (W.D. Wisconsin, 2005)
Gruenke v. Seip
Third Circuit, 2000
Castle v. Clymer
15 F. Supp. 2d 640 (E.D. Pennsylvania, 1998)