Yosef Rothstein

Scriptures and other religious books.  In response, Commia ripped and damaged the Scriptures 

and then told Navdeep words to the effect of “shut the f*ck up and let me do what I must.” 

56.

 

Navdeep spent two and a half days at Ulster, and was then transferred to Fishkill.  

On April 18, 2005, the day Navdeep was transferred from Ulster to Fishkill, Navdeep’s personal 

belongings were packed in two property bags, one of which contained his religious books.  When 

Navdeep explained to John Doe #2, a correctional officer at Ulster, that the property bag 

contained his religious books and asked that he treat it with respect, John Doe #2 threw the bag 

on the floor and intentionally and repeatedly kicked the bag. 

C.

 

Incarceration at Fishkill  

57.

 

On April 18, 2005, shortly after his arrival at Fishkill, Navdeep wrote to the 

Grievance office and D.S.S. K. Barto informing them that (a) he needed his Kara at all times; (b) 

he needed to perform his morning prayers between the hours of 2:00 a.m. and 6:00 a.m.; and (c) 

according to the Sikh code of conduct, the Scriptures were required to be covered, stored in a 

clean place and kept in an elevated location.  On April 25, 2005, Captain Pelc responded to the 

letter to D.S.S. K. Barto, that Navdeep: (a) would only be allowed to possess his Kara during 

meals, but that DOCS was reviewing whether it was necessary for Navdeep to possess the Kara 

at all times; (b) that he could pray at any time, as long as it did not interfere with facility counts 

or programming; and (c) that he could cover the Scriptures with a clean cloth and place them on 

top of his locker. 

1.

 

April 23, 2005 Misbehavior Report 

58.

 

On April 23, 2005, Correctional Officer Graziano instructed Navdeep to report to 

the main building porter pool for work detail.  At the time of Graziano’s request, Navdeep had 

just begun his prayers, but after finishing them, he explained to Graziano that he would not 

comply with the order until he was granted his Kara.  Correctional Officer Graziano placed 

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Navdeep in keeplock.  Upon information and belief, Lieutenant Michaels presided over a 

disciplinary hearing and upheld the charge in the misbehavior report.  Navdeep appealed the 

determination to the Superintendent, and the Superintendent upheld the misbehavior report.    

59.

 

Following the April 23, 2005 incident, Navdeep met with a Sikh religious 

authority who told Navdeep that because the Kara issue was being pursued through various 

advocacy groups, he should, temporarily, comply with work orders.  

2.

 

June 6, 2005 Misbehavior Report 

60.

 

On June 6, 2005, Correctional Officer Lynch ordered Navdeep to clean up some 

debris and Navdeep complied.  Later that morning, Lynch went to check on Navdeep’s progress, 

and instructed Navdeep to pick up cigarette butts on the hand ball court.  Navdeep refused, 

explaining that contact with tobacco, under any condition, was prohibited by the Sikh religion.  

Nevertheless, Lynch issued Navdeep a Tier III misbehavior report (the most severe misbehavior 

report) for refusing to follow a direct order and placed Navdeep in keeplock.   

61.

 

After Lynch had placed Navdeep in handcuffs in order to transfer him to 

keeplock, Lynch and other correctional officers walked Navdeep across the yard to a wall.  

While Navdeep was facing the wall, Lynch struck Navdeep from behind with an object (possibly 

his baton) across his neck and shoulder.  Navdeep was then repeatedly struck by Lynch and the 

other correctional officers while he lay on the floor.  As a result of this incident, Navdeep 

sustained injuries to his neck and shoulder.  On June 17, 2005, John Doe #3 held a disciplinary 

hearing.  Navdeep was advised that he should have completed the task in violation of his 

religious beliefs and then filed a grievance.  Navdeep was placed in keeplock for three months 

and assessed a five dollar surcharge.  Navdeep appealed the determination to the Commissioner. 

62.

 

On August 26, 2005, more than two months after filing his appeal and after 

serving more than two-thirds of his punishment, Navdeep was informed that the Tier III 

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misbehavior report for the June 6, 2005 incident was reversed.  No explanation was provided as 

to why the Commissioner reversed the decision.   

3.

 

Denial of Religious Rights in Keeplock and the Second Hunger Strike 

63.

 

On June 6, 2005, when Navdeep was transferred to the Special Housing Unit, he 

was not permitted to keep all of his religious books, but was required to leave his prayer book 

with other belongings in a property bag.  As part of the process of transferring Navdeep to 

keeplock, the Scriptures he was permitted to bring with him were once again damaged.  In 

addition, Navdeep was again denied the right to wear his Kara.   

a.

 

DOCS Denied Navdeep his Kara and Intentionally Damaged the 

Kara  

64.

 

As a result of the treatment of his religious books and the denial of Kara, on or 

about June 6, 2005, Navdeep began his second hunger strike.  On June 8, 2005, DOCS personnel 

gave Navdeep his Kara, for a short period of time so that he could consume water.  On June 10, 

2005, Navdeep was again given his Kara so that he could consume water.  Despite drinking that 

day, on June 10, 2005, Navdeep lost consciousness and was transferred to the infirmary in the 

RMU.     

65.

 

Around this time, Navdeep was told by DOCS personnel that he would be 

provided his Kara on a regular basis for meals.  On or about June 17, 2005, after consulting with 

religious authorities and being instructed to consume some food, Navdeep agreed to modify his 

hunger strike to consume a liquid diet, including Ensure, a liquid supplement.  He has, however, 

refused to consume solid food in protest of the treatment of his religious articles and books as 

well as DOCS denial of his right to possess other religious articles.  Navdeep has slowly 

increased his caloric intake over the last couple of months, but remains on a liquid diet pending 

the outcome of his religious claims.  

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