Young v. Corcoran

164 F. Supp. 3d 419, 2016 U.S. Dist. LEXIS 30055, 2016 WL 899235
District Court, W.D. New York·Decided February 19, 2016·No. 6:14-CV-6526 EAW·Published·Cited by 2 cases

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Pro se plaintiff Jeffrey Young (“Plaintiff’), an inmate currently housed at the New York State Clinton Correctional Facility, brings this action alleging First Amendment claims in violation of 42 U.S.C. § 1983 and claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc et seq. (“RLUIPA”). (Dkt. 1).

Presently before the Court is Defendants’ motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). (Dkt. 5). For the following reasons. Defendants’ motion to dismiss is granted, and Plaintiffs complaint is dismissed in its entirety.

BACKGROUND

Prior to September 2, 2010, the New York State Department of Corrections and Community Supervision (“DOCCS”) had a policy that only Rastafarian inmates were permitted to wear dreadlocks. Inmates registered under any other religion were required to cut their hair in accordance with DOCCS regulations. This policy was changed effective September 2, 2010, so as to permit the dreadlock hairstyle regardless of religious affiliation. See Amaker v. [421] Goord, No. 06-CV-490A (SR), 2012 WL 4718661, at *8 (W.D.N.Y. Aug. 16, 2012) (“Directive 4914, which regulates Inmate Grooming Standards, was modified on September 2, 2010 to allow the ‘dreadlock hairstyle.’ ”) (citation omitted). The Court takes judicial notice of this fact for the purpose of deciding Defendants’ motion to dismiss. See Nimmons v. Fischer, No. 11-CV-817-A, 2013 WL 4495006, at *10 (W.D.N.Y. Aug. 20, 2013) (taking judicial notice of DOCCS Directive 4914 on motion to dismiss).

Plaintiff alleges that, on or about August 24, 2007, Defendant Prison Sergeant P. Corcoran (“Corcoran”) gave him an order to cut his hair, or else he would be kept under “keeploek”. (Dkt. 1 at ¶ 6). Approximately three days later, a similar order was given to Plaintiff by Defendant Prison Sergeant D. Lowe (“Lowe”). (Id. at ¶ 7). Plaintiff alleges that, on August 29, 2007, under “force and/or pressure” he changed his religious denomination from Muslim to Rastafarian to avoid having to cut his hair. (Id. at ¶¶ 8-9). Plaintiff subsequently filed a grievance concerning this incident, which was denied by Defendant Karen Bellamy, Director of Inmate Grievance Program (“Bellamy”), on October 31, 2007. (Id. at ¶¶ 10-11; see also Dkt. 5-2 at 14).

On May 29, 2008, Plaintiff filed a second grievance and wrote a letter to the Warden, Defendant James Conway (“Conway”), seeking to keep his dreadlocks and change his religious denomination back to Muslim. (Dkt. 1 at ¶ 12). This grievance was also denied. (Id.).

Plaintiff, at some unspecified time after these events, “gave in” and cut his hair, though he did not request to change his faith back to Islam until a grievance he subsequently filed on April 2, 2013. (Id. at ¶¶ 15, 17; Dkt. 5-2 at 9-11). The day following the filing of his 2013 grievance, Plaintiff was permitted to change his faith back to Islam and wear the dreadlock hairstyle, in accordance with the changed policy that had been implemented almost three years earlier. (Dkt. 5-2 at ¶4). Plaintiff alleges that up until April 2013, Defendants denied him his constitutional right to practice and/or attend Muslim services, classes, and holidays. (Dkt. 1 at ¶ 13). Nonetheless, it appears clear from the allegations before the Court that Plaintiff did not, at any point after the filing of the May 2008 grievance and prior to the filing of the April 2013 grievance, request to have his religious denomination changed back to Muslim and maintain the dread-lock hairstyle.

Plaintiff commenced this action on September 12, 2014, against Corcoran, Lowe, Conway, and Bellamy, as well as former Commissioners of DOCCS, Glenn Goord and Brian Fischer, in their individual and official capacities, alleging violations of RLUIPA and First Amendment claims pursuant to 42 U.S.C. § 1983. (Id. at ¶ 19). While Plaintiff admits that he was allowed to maintain the dreadlock hairstyle and register as a Muslim in April 2013, he contends that he has been damaged by the failure to allow for this prior to April 2013.

Defendants filed their motion to dismiss the complaint on April 21, 2015. (Dkt. 5). Defendants seek dismissal on the following grounds: (1) Plaintiffs claims for acts occurring in 2007 and 2008 against defendants Corcoran, Lowe, Conway, and Bellamy should be dismissed as time-barred; (2) Plaintiffs claims against defendants Fischer and Goord should be dismissed as the complaint contains no specific allegations against them; (3) Plaintiffs claims arising out of not being permitted to access Islamic classes and religious services should be dismissed, as Plaintiff was voluntarily registered as Rastafarian and thus was not entitled to attend services as a [422] Muslim; and (4) Plaintiffs claims under RLUIPA should be dismissed as the act does not provide relief in the form of money damages, and government officials cannot be sued in their individual or official capacities under RLUIPA. (Id.). Plaintiff submitted a response on May 12, 2015. (Dkt. 9).

DISCUSSION

I. Legal Standard

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Young v. Corcoran, 164 F. Supp. 3d 419, 2016 U.S. Dist. LEXIS 30055, 2016 WL 899235 (W.D.N.Y. 2016).

164 F. Supp. 3d 419 (Young v. Corcoran) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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