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| Court: Prisoner can sue Ohio over forced beard cutting |
| By Associated Press |
| Published: 03/05/2001 |
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An Orthodox Hasidic Jew serving a life term can sue Ohio prison officials on his claim that they violated his right to freedom of religion when officials forcibly cut off his beard, an appeals court ruled recently. However, the 6th U.S. Circuit Court of Appeals said that Hbrandon Lee Flagner cannot try to collect money damages from prison officials. Those officials are legally immune from such lawsuits in carrying out their official duties, the court ruled. Flagner, 49, was sent to prison in 1986 after being convicted in Cuyahoga County of aggravated murder and kidnapping. He also was convicted of breaking and entering in Lorain County. He said his beard and sideburns were cut in 1996 and 1998, in violation of his religious beliefs. The state's lawyers are concerned that the ruling could expose Ohio to many similar claims by bearded prisoners. Prison officials say Flagner was treated no differently than other inmates. The state's prison regulations require inmates to keep beards and sideburns neatly trimmed, within a half inch of the skin, so that they cannot hide weapons, drugs or other illegal items. Michael O'Hara, Flagner's lawyer, said he has seen photographs showing Flagner's beard reaching about 4 inches below his chin. The defense presented testimony that Flagner and four American Indian prisoners were exempted from the grooming regulation between the time his beard and sideburns were cut in 1996 and 1998. On fewer than five occasions, prison officials required Flagner to run his fingers through his beard and sideburns while they watched to see if he had hidden anything illegal. Nothing illegal was ever found, and there is no evidence that he has ever tried to escape from prison, according to testimony. In a 2-1 ruling, the appeals court said Flagner had presented enough evidence about the prison system's on-again, off-again attitude toward cutting his beard that a trial jury should be asked to decide whether his First Amendment right of religious freedom was violated. The case now returns to U.S. District Judge Susan Dlott in Cincinnati for trial. |
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