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Separate Religious Accommodations for N.Y. Shi'a Muslim Prisoner Order
The New York Supreme Court, Dutchess County, ordered the New York
Department of Correctional Services (NYDOCS) to provided separate
religious accommodations for Shi'a Muslim prisoners. A prisoner at
Fishkill Correctional Facility challenged NYDOCS's policy of considering
Shi'a Muslim and Sunni Muslim prisoners as practicing the same faith and
not providing separate religious services. After his grievance was denied,
the prisoner filed a proceeding pursuant to CPLR article 78 with the
Court, contending the NYDOCS policy was arbitrary and capricious. The
Court ordered the parties to introduce evidence in affidavit form to
substantiate their positions.
The prisoner provided his own affidavit and that of the Education
Assistant to the Imam Al-Kokei Islamic Center in Jamaica, New York. NYDOCS
failed to make a submission. Once it reviewed the evidence, the Court held
NYDOCS's policy was arbitrary and capricious, for the differences between
the historical and doctrinal beliefs, as well as the religious practices,
of Shia and Sunni Muslims were significant. The Court ordered, in
accordance with NYDOCS Directive No. 4202, the NYDOCS to allow prisoners
who are Shi'a Muslims to have contact with a Shi'a volunteer or, if a
volunteer was not available, to permit them to have an education class or
study group once per week with an approved prisoner acting as facilitator.
See Matter of Cancel v. Goord, 181 Misc.2d 3634, 695 N.Y.2d 267 (N.Y.
1999).
Department of Correctional Services (NYDOCS) to provided separate
religious accommodations for Shi'a Muslim prisoners. A prisoner at
Fishkill Correctional Facility challenged NYDOCS's policy of considering
Shi'a Muslim and Sunni Muslim prisoners as practicing the same faith and
not providing separate religious services. After his grievance was denied,
the prisoner filed a proceeding pursuant to CPLR article 78 with the
Court, contending the NYDOCS policy was arbitrary and capricious. The
Court ordered the parties to introduce evidence in affidavit form to
substantiate their positions.
The prisoner provided his own affidavit and that of the Education
Assistant to the Imam Al-Kokei Islamic Center in Jamaica, New York. NYDOCS
failed to make a submission. Once it reviewed the evidence, the Court held
NYDOCS's policy was arbitrary and capricious, for the differences between
the historical and doctrinal beliefs, as well as the religious practices,
of Shia and Sunni Muslims were significant. The Court ordered, in
accordance with NYDOCS Directive No. 4202, the NYDOCS to allow prisoners
who are Shi'a Muslims to have contact with a Shi'a volunteer or, if a
volunteer was not available, to permit them to have an education class or
study group once per week with an approved prisoner acting as facilitator.
See Matter of Cancel v. Goord, 181 Misc.2d 3634, 695 N.Y.2d 267 (N.Y.
1999).
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Related legal case
Matter of Cancel v. Goord
| Year | 1999 |
|---|---|
| Cite | 181 Misc.2d 363, 695 N.Y.S.2d 267 (N.Y. 1999). |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |
181 Misc.2d 363, 695 N.Y.S.2d 267, 1999 N.Y. Slip Op. 99347
Supreme Court, Dutchess County, New York.
In the Matter of Frankie CANCEL, Petitioner,
v.
Glen S. GOORD, as Commissioner of Department of Correctional Services, Respondent.
July 6, 1999.
**267 *363 Frankie Cancel, petitioner pro se.
Eliot Spitzer, Attorney-General, Poughkeepsie (J. Gardner Ryan of counsel), for respondent.
RALPH A. BEISNER, J.
Petitioner, an inmate at Fishkill Correctional Facility, is a *364 Shi'a Muslim. Petitioner brought a grievance under the Inmate Grievance Program requesting that Shi'a Muslims be allowed to have religious study meetings, classes or study groups specific to their religious beliefs and that they be allowed access to outside Shi'a clergy persons. By determination dated July 29, 1998 the grievance was denied. The determination states: "CORC has been advised**268 by the Department's Imam that all Muslim religious groups fall under Islam, with the exception of NOI [Nation of Islam]. All practice the same faith and should not be separated, as the grievant suggests."
Petitioner then commenced this proceeding pursuant to CPLR Article 78, contending that respondent's determination was arbitrary and capricious. According to petitioner, there is a significant difference between the Shi'a Muslim group to which petitioner belongs and the Sunni Muslim group with which the Department of Correctional Services (DOCS) Muslim chaplains are associated. Petitioner alleges that the Shi'a Muslims are not allowed to observe their religious holidays because the holidays are not recognized by the Muslim chaplain and are not allowed to have religious study groups, meetings, or classes in which their beliefs and way of prayer are taught. Petitioner alleges that this violates Correction Law 610(3) which states in part that inmates:
& shall be allowed such religious services and spiritual advice and spiritual ministration from some recognized clergyman of the denomination or Church which said inmates may respectively prefer or to which they may have belonged prior to their being confined &.
Respondent has submitted an answer which annexes as exhibits a copy of the July 29, 1998 determination, petitioner's grievance, an inmate complaint, and a copy of a memorandum. Respondent states through his attorney that respondent's practice and policy of accommodation of the varieties of religious expression through generic religious opportunities has been reviewed and found to satisfy the inmate population's right to religious observation and expression. Respondent also states that the alleged failure to acknowledge and approve the celebration of certain religious holidays and festivals unique to the Shi'a Muslims may be the appropriate subject of a grievance, but it does not demonstrate that the spiritual or observational needs of the Shi'a Muslims cannot be met by the facility's Muslim chaplain or volunteer clergy. Petitioner's reply reiterates the differences between the Sunni Muslims and the Shi'a Muslims. Petitioner asserts that all that is sought is access to a room for study purposes and permission to have contact with a volunteer Shi'a scholar.
*365 DOCS Directive # 4202 provides:
C. POLICY. In recognition of the First Amendment Right of "Religious Liberty" and in pursuit of the objective of assisting inmates to live as law abiding citizens, it is the intent of the Department to extend to inmates as much spiritual assistance as possible as well as to provide as many opportunities as feasible for the practice of their chosen faiths consistent with the safe and secure operations of the Department's correctional facilities. This includes provisions for religious volunteers who must be fully registered (see Directive # 4750, Volunteer Services Program) to participate and authorize facility religious programs"""" If a chaplain or an outside religious volunteer is not available to serve the spiritual needs of a group of inmates of a known religious faith, the facility Superintendent, in consultation with the Director of Ministerial and Family Services, may authorize the inmates to participate in a religious education class or study group (not congregate worship service) up to once per week with an approved inmate acting as facilitator and with security staff present.
Because the record before the court was insufficient to permit the court to determine whether the doctrinal and cultural distinctions between Sunni and Shi'a practices and beliefs warranted the relief requested in the petition, the court adjourned the proceeding to allow petitioner and respondent to provide additional submissions, in appropriate affidavit form, on the issue of the cultural and doctrinal differences**269 between Sunni Muslims and Shi'a Muslims.
Supreme Court, Dutchess County, New York.
In the Matter of Frankie CANCEL, Petitioner,
v.
Glen S. GOORD, as Commissioner of Department of Correctional Services, Respondent.
July 6, 1999.
**267 *363 Frankie Cancel, petitioner pro se.
Eliot Spitzer, Attorney-General, Poughkeepsie (J. Gardner Ryan of counsel), for respondent.
RALPH A. BEISNER, J.
Petitioner, an inmate at Fishkill Correctional Facility, is a *364 Shi'a Muslim. Petitioner brought a grievance under the Inmate Grievance Program requesting that Shi'a Muslims be allowed to have religious study meetings, classes or study groups specific to their religious beliefs and that they be allowed access to outside Shi'a clergy persons. By determination dated July 29, 1998 the grievance was denied. The determination states: "CORC has been advised**268 by the Department's Imam that all Muslim religious groups fall under Islam, with the exception of NOI [Nation of Islam]. All practice the same faith and should not be separated, as the grievant suggests."
Petitioner then commenced this proceeding pursuant to CPLR Article 78, contending that respondent's determination was arbitrary and capricious. According to petitioner, there is a significant difference between the Shi'a Muslim group to which petitioner belongs and the Sunni Muslim group with which the Department of Correctional Services (DOCS) Muslim chaplains are associated. Petitioner alleges that the Shi'a Muslims are not allowed to observe their religious holidays because the holidays are not recognized by the Muslim chaplain and are not allowed to have religious study groups, meetings, or classes in which their beliefs and way of prayer are taught. Petitioner alleges that this violates Correction Law 610(3) which states in part that inmates:
& shall be allowed such religious services and spiritual advice and spiritual ministration from some recognized clergyman of the denomination or Church which said inmates may respectively prefer or to which they may have belonged prior to their being confined &.
Respondent has submitted an answer which annexes as exhibits a copy of the July 29, 1998 determination, petitioner's grievance, an inmate complaint, and a copy of a memorandum. Respondent states through his attorney that respondent's practice and policy of accommodation of the varieties of religious expression through generic religious opportunities has been reviewed and found to satisfy the inmate population's right to religious observation and expression. Respondent also states that the alleged failure to acknowledge and approve the celebration of certain religious holidays and festivals unique to the Shi'a Muslims may be the appropriate subject of a grievance, but it does not demonstrate that the spiritual or observational needs of the Shi'a Muslims cannot be met by the facility's Muslim chaplain or volunteer clergy. Petitioner's reply reiterates the differences between the Sunni Muslims and the Shi'a Muslims. Petitioner asserts that all that is sought is access to a room for study purposes and permission to have contact with a volunteer Shi'a scholar.
*365 DOCS Directive # 4202 provides:
C. POLICY. In recognition of the First Amendment Right of "Religious Liberty" and in pursuit of the objective of assisting inmates to live as law abiding citizens, it is the intent of the Department to extend to inmates as much spiritual assistance as possible as well as to provide as many opportunities as feasible for the practice of their chosen faiths consistent with the safe and secure operations of the Department's correctional facilities. This includes provisions for religious volunteers who must be fully registered (see Directive # 4750, Volunteer Services Program) to participate and authorize facility religious programs"""" If a chaplain or an outside religious volunteer is not available to serve the spiritual needs of a group of inmates of a known religious faith, the facility Superintendent, in consultation with the Director of Ministerial and Family Services, may authorize the inmates to participate in a religious education class or study group (not congregate worship service) up to once per week with an approved inmate acting as facilitator and with security staff present.
Because the record before the court was insufficient to permit the court to determine whether the doctrinal and cultural distinctions between Sunni and Shi'a practices and beliefs warranted the relief requested in the petition, the court adjourned the proceeding to allow petitioner and respondent to provide additional submissions, in appropriate affidavit form, on the issue of the cultural and doctrinal differences**269 between Sunni Muslims and Shi'a Muslims.