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

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal presents the question as to whether under the standard announced in Shabazz v. O’Lone1 a state prison’s regulations which prohibit a prisoner from carrying his rosary beads into the prison visiting area may be sustained. The district court held the regulation valid. We reverse.

I

William Higgins, a fifty-six year old prisoner serving a long-term sentence for homicide at the State Correctional Institute at Graterford (SCIG), is an observant Catholic who has been carrying rosary beads in his pockets at all times since his teen years, and who…