Legal Opinion
Rourke v. New York State Department of Correctional Services
New York Supreme Court
Decided August 9, 1993PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas W. Keegan, J.
Petitioner commenced this CPLR article 78 proceeding, seeking a declaration that respondents’ enforcement of their hair length policy (Directive 3083) violates his Federal and State constitutional rights to the free exercise of his religion. Petitioner also seeks reinstatement to his former position as a correction officer with New York State Department of Correctional Services (DOCS), a position which he held from May 1989 until September 1992.
Petitioner is a full-blooded Native American, a member of the Mohawk Nation, and an adherent of the Longhouse…
2Cases cited16 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- United States v. BallardSupreme Court of the United States · 1944
- Goldman v. WeinbergerSupreme Court of the United States · 1986
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3Cited by4 opinions
- Francis v. KeaneDistrict Court, S.D. New York · 1995
- Rourke v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1997
- Kruger v. BloombergNew York Supreme Court · 2003
- Finnie v. Lee CountyDistrict Court, N.D. Mississippi · 2012