Legal Opinion
Fair v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2012PublishedCited by 3 opinions
1Opinion of the CourtKavanagh, J.
Appeal from an order of the Supreme Court (Cahill, J.), entered August 13, 2010 in Ulster County, which granted defendants’ motion to dismiss the complaint.
Plaintiff is a prison inmate who, as part of his observance of the Yoruba/Santeria faith, wears bead necklaces. Department of Corrections and Community Supervision Directive No. 4202 states that an inmate may, with a permit, “possess and wear, but not display, religious beads ... for use in the practice of an inmate’s documented religion,” but that such beads “may be worn only underneath clothing so they are not visible.” According to…
2Cases cited10 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987
- Cutter v. WilkinsonSupreme Court of the United States · 2005
- Salahuddin v. GoordCourt of Appeals for the Second Circuit · 2006
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2009
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3Cited by3 opinions
- Santiago v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ClerveauAppellate Division of the Supreme Court of the State of New York · 2019
- Santiago v. FischerAppellate Division of the Supreme Court of the State of New York · 2013