William F. Higgins v. J. Burroughs Lieutenant Dietrich Pasquale Baron and Charles H. Zimmerman

A. LEON HIGGINBOTHAM, JR., Circuit Judge,

concurring in the judgment.

When we first decided this appeal, on April 10, 1987,1 dissented from the majority’s reversal of the district court judgment upholding as constitutional the prison regulation that bars appellant Higgins from hand-carrying his rosary beads into the visiting area. Higgins v. Burroughs, 816 F.2d 119, 124-26 (3d Cir.) (“Higgins I”) (Higginbotham, J., dissenting), vacated and remanded, — U.S.—, 108 S.Ct. 54, 98 L.Ed.2d 18 (1987). Given the Supreme Court’s decision and directive remanding the matter to this Court for further…