695 NYS2d 267 | N.Y. Sup. Ct. | 1999
OPINION OF THE COURT
Petitioner, an inmate at Fishkill Correctional Facility, is a
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.
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 between Sunni Muslims and Shi’a Muslims.
The petitioner has submitted to the court his own affidavit with three exhibits and the affidavit of the Education Assistant to the Imam Al-Kohei Islamic Center in Jamaica, New York, with two exhibits. The respondent has not provided the court with any additional submissions.
The court has reviewed the petitioner’s submissions and finds that the differences between the historical and doctrinal beliefs, as well as the religious practices, of the two groups are significant. The nature of these differences mandates the conclusion that respondent’s determination that the spiritual needs of the inmates of the Shi’a Muslim faith can be met in religious services led by chaplains of the Sunni Muslim faith is arbitrary and capricious. Respondent’s determination is contrary to the objectives of DOCS Directive No. 4202 and the First Amendment right of religious liberty (US Const First Amend) upon which it is based. For this reason, it is hereby ordered and adjudged that the petition is granted and respondent’s July 29,