Yevgen Fromer v. Charles J. Scully, Harold J. Smith, Walter Kelly, Everett W. Jones, Thomas A. Coughlin, Iii, and Hirshel Jaffee
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
This is an appeal from Judge Stewart’s decision holding a regulation of the Department of Correctional Services of New York State (“DOCS”) concerning the length of inmates’ beards unconstitutional as applied to appellee Yevgen Fromer. This matter has been before both the district court and this court before. The district court originally held the regulation in question unconstitutional in Fromer v. Scully, 649 F.Supp. 512 (S.D.N.Y.1986) (“Fromer I”). We affirmed that decision in Fromer v. Scully, 817 F.2d 227 (2d Cir.1987) (“Fromer II”). The Supreme Court, however,…
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