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Decision Enjoining New York DOC Beard Ban Vacated, Remanded
The United States Supreme Court vacated and remanded a Second Circuit
ruling that enjoined the New York Department of Corrections (DOC) from
enforcing a rule banning beards in excess of one inch in length against a
Jewish prisoner.
Yevgen Fromer, an Orthodox Jewish prisoner, brought action under 42 U.S.C.
§ 1983 alleging that a DOC policy prohibiting beards in excess of one inch
violated his right to free exercise of religion. A United States district
court, Fromer v. Scully, 649 F.Supp.2d 512 (SD NY 1986) found in Fromer's
favor and the Second Circuit affirmed, Fromer v. Scully, 817 F.2d 227 (2d
Cir. 1987). Prison officials petitioned for writ of certiorari.
Upon granting writ of certiorari, the Supreme Court vacated and remanded
the case to the Second Circuit for reconsideration in light of O'Lone v.
Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987) and
Turner v. Safely, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). See
index for other cites in this case. See: Scully v. Fromer, 484 U.S. 909,
108 S.Ct. 254, 98 L.Ed.2d 211 (1987)(table).
ruling that enjoined the New York Department of Corrections (DOC) from
enforcing a rule banning beards in excess of one inch in length against a
Jewish prisoner.
Yevgen Fromer, an Orthodox Jewish prisoner, brought action under 42 U.S.C.
§ 1983 alleging that a DOC policy prohibiting beards in excess of one inch
violated his right to free exercise of religion. A United States district
court, Fromer v. Scully, 649 F.Supp.2d 512 (SD NY 1986) found in Fromer's
favor and the Second Circuit affirmed, Fromer v. Scully, 817 F.2d 227 (2d
Cir. 1987). Prison officials petitioned for writ of certiorari.
Upon granting writ of certiorari, the Supreme Court vacated and remanded
the case to the Second Circuit for reconsideration in light of O'Lone v.
Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987) and
Turner v. Safely, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). See
index for other cites in this case. See: Scully v. Fromer, 484 U.S. 909,
108 S.Ct. 254, 98 L.Ed.2d 211 (1987)(table).
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Related legal case
Scully v. Fromer
| Year | 1987 |
|---|---|
| Cite | 484 U.S. 909, 108 S.Ct. 254, 98 L.Ed.2d 211 (1987) |
| Level | Supreme Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
SCULLY v. FROMER, 108 S. Ct. 254, 484 U.S. 909 (U.S. 10/19/1987)
[1] SUPREME COURT OF THE UNITED STATES
[2] No. 87-169
[3] 108 S. Ct. 254, 484 U.S. 909, 98 L. Ed. 2d 211
[4] October 19, 1987
[5] SCULLY, CHARLES, J., ET AL., PETITIONER
v.
FROMER, YEVGEN
[6] C.A. 2d Cir. Reported below: 817 F.2d 227
[7] Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia
[8] The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of O'Lone v. Estate of Shabazz, 482 U.S. (1987) and Turner v. Safley, 482 U.S. (1987).
[9] Disposition
[10] Certiorari granted - vacated and remanded.
[1] SUPREME COURT OF THE UNITED STATES
[2] No. 87-169
[3] 108 S. Ct. 254, 484 U.S. 909, 98 L. Ed. 2d 211
[4] October 19, 1987
[5] SCULLY, CHARLES, J., ET AL., PETITIONER
v.
FROMER, YEVGEN
[6] C.A. 2d Cir. Reported below: 817 F.2d 227
[7] Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia
[8] The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of O'Lone v. Estate of Shabazz, 482 U.S. (1987) and Turner v. Safley, 482 U.S. (1987).
[9] Disposition
[10] Certiorari granted - vacated and remanded.