66.
During late June and early July, some correctional officers only allowed Navdeep
ten to fifteen minutes to consume his Ensure, while others denied Navdeep the Kara because he
was using his allotted time to recite grace prayers before eating his meal and not limiting his time
with the Kara to eating. On July 8, 2005, Pelc issued a memo clarifying that Navdeep would be
entitled to wear the Kara for thirty minutes per meal regardless of whether or not Navdeep chose
to eat with the Kara. Correctional officers, however, continue to deny Navdeep the full thirty
minutes with the Kara during meal times.
67.
In addition to denying Navdeep the Kara, DOCS personnel damaged the Kara.
Upon information and belief, in April 2005, DOCS personnel intentionally burned the Kara,
leaving a black burnt mark on it. Similarly, in July 2005, DOCS personnel bent the Kara out of
shape. These incidents took place in between meals, at a time when DOCS personnel were in
possession of the Kara outside the view of Navdeep. However, upon information and belief,
Correctional Officer Stewart was responsible for some of the damage done to the Kara.
Damaging the Kara is considered a sacrilege.
68.
Furthermore, correctional officers imposed arbitrary and capricious rules upon
Navdeep concerning his use of the Kara. For example, certain correctional officers have allowed
Navdeep to have his Kara to consume his lunch during legal and family visits, while others have
denied him food during these visits.
69.
DOCS response to Navdeep’s request to wear the Kara at all times was, in part, to
determine on its own, the significance of the Kara to Navdeep’s religious beliefs. For example,
on April 25, 2005, Pelc wrote to Navdeep that DOCS was reviewing “the necessity of your
possessing” the Kara “at all times.” Similarly, on May 16, 2005, Pelc wrote to Navdeep stating
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that “I’ve come across nothing in my research, albeit incomplete at this time, which states you
cannot eat or take medication without wearing your Kara.”
70.
On several occasions, despite instructions by Pelc to the contrary, correctional
officers have and continue to personally handle the Kara. Because of its holy nature, anyone
coming into contact with the Kara must have clean hands and treat it with the proper respect.
Several of the correctional officers refused to accommodate these religious requirements.
Navdeep repeatedly complained to Pelc and the Inmate Grievance Program that correctional
officers, despite clear instructions to the contrary, were personally handling the Kara, and
generally treating it with disrespect.
71.
DOCS continues to deny Navdeep the right to possess the Kara except for thirty
minutes during breakfast, lunch and dinner. Navdeep is still housed in the RMU, where he
shares a room with as many as three other inmates. Pursuant to the current procedures, when
Navdeep’s food arrives, a correctional officer brings him the Kara in an envelope. Navdeep is
permitted to remove the Kara from the envelope, recite his grace prayers, and then consume his
meal. Approximately thirty minutes later, the correctional officer returns with the envelope, and
Navdeep returns the Kara.
72.
Upon information and belief, DOCS can accommodate Navdeep’s request to wear
his Kara at all times, as DOCS has accommodated similar requests from other religions. For
example, inmates that observe other religions may wear religious pendants on a metal chain, and
Native Americans may wear the Native American Rosette on a fabric or leather cord.
b.
Treatment of Religious Scriptures and Books
73.
When transferred to keeplock, Navdeep was not provided an appropriate place to
keep his Scriptures and other religious books. In his room, Navdeep only had a bed, a toilet and
a sink, but did not have a table, locker or other piece of furniture on top of which he could keep
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his Scriptures. As discussed above, a Sikh must place the Scriptures in a location of respect; the
Scriptures must rest in a clean location on an elevated level. In order to comply with his
religious requirements, Navdeep removed his mattress from his bed and placed the Scriptures on
the frame. This way, he was resting on a mattress on the floor, while the Scriptures were on a
higher level than he, in a clean location (the mattress itself was stained with urine).
74.
On June 7, 2005, the day after Navdeep was transferred to keeplock, Correctional
Officer Mendoza instructed Navdeep to place the mattress back on the bed. At the time that
Mendoza walked into his cell, Navdeep was in the middle of his prayers and did not respond.
Navdeep later approached Mendoza to discuss the issue, but Mendoza refused, stating that it was
too late. Mendoza issued Navdeep a tier II misbehavior report for refusing to obey a direct
order.
75.
On or about June 8, 2005, Navdeep met with Captain Pelc about his various
requests for religious accommodations. At that meeting, Navdeep discussed with Pelc the
incidents with Mendoza, and Pelc told Navdeep that he would address the problem.
76.
According to a misbehavior report, on June 8, 2005, Correctional Officer
DiGirolamo instructed Navdeep to place his mattress on the bed frame. DiGirolamo issued
Navdeep a tier II misbehavior report for refusing to obey a direct order.
77.
According to a misbehavior report, on June 10, 2005, Correctional Officer
Monzillo instructed Navdeep to place his mattress on the bed frame. Despite Pelc’s assurances
that the problem would be dealt with, Navdeep was not offered any religious accommodation by
DOCS personnel. As on the prior two occasions, Navdeep was issued a Tier II misbehavior
report for refusing to obey a direct order.
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