Yosef Rothstein

78.

 

On June 21, 2005, disciplinary hearings were held for the three behavior report 

issued between June 7 and June 10 concerning Navdeep placing his mattress on the floor of his 

cell.  The written determinations stated that Navdeep should obey direct orders promptly without 

argument.  At the hearing, Navdeep explained his religious belief and that Pelc had told Navdeep 

that he would deal with the situation.  John Doe #4, the hearing officer, did not accept either 

defense, and denied Navdeep the opportunity to call Pelc to testify on his behalf.  For each 

misbehavior report, Navdeep was placed in keeplock for 30 days (20 days of which were 

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

Superintendent, and the Superintendent upheld all three determinations.   

c.

 

DOCS Treatment of Navdeep in Keeplock 

79.

 

On or about July 10, 2005, Navdeep pressed the intercom in his room and 

requested that the nurse turn off the light in the inner gallery.  Two correctional officers came 

into Navdeep’s room and told him he would have major problems if he pressed the intercom 

button again.  When Navdeep responded by asking if he was prohibited from using the intercom, 

John Doe #5 told Navdeep not to press the intercom while he was on duty.  He added words to 

the effect of “your doing your hunger fast religious crap, I don’t care.  No one is telling you to 

starve yourself.”  

80.

 

On July 11, 2005, Correctional Officers Tabor, Wittwer and others performed an 

emergency search for contraband.  As part of the search, Navdeep was placed in handcuffs 

escorted by Tabor to another room and from that room to a guidance counselor room.  Because 

of his weakened condition as a result of his previous hunger strike and his then current liquid 

diet, Navdeep was not able keep up the pace and told Tabor, but Tabor ignored him and dragged 

him down the hall.  When they arrived at the second room, Tabor violently pushed Navdeep and 

told him to “stand by the wall and don’t say a word before I bash your head into the wall.”  As a 

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result of the push, Navdeep sustained injuries to his back.  No contraband was located during the 

search. 

81.

 

Upon his return to his cell, Navdeep found the Scriptures and prayer books had 

been disrespected by being wrapped in a bed sheet and stuck under his remaining bedding.  In 

addition, two of his prayer books were later discovered hidden underneath his bed.   Finally, the 

two Kaccheras Navdeep was not wearing at the time of the search were missing, and were later 

located in the RMU’s laundry.   

82.

 

While at Fishkill, Navdeep has been spat on, hit and ridiculed for his religious 

beliefs by DOCS personnel.  On July 14, 2005, Navdeep wrote to Superintendent Mazzuca 

informing him of this abuse.      

83.

 

On July 18, 2005, Navdeep received his property bag in the RMU.  Upon 

removing his prayer book from the property bag, it was torn, misshapen and wet.  Nothing else in 

the bag was wet.  Upon information and belief, John Doe #6 intentionally wet the prayer book. 

84.

 

On July 18, 2005, during the night shift, Correctional Officer K. Emminger and 

R.N. J. Conners came into Navdeep’s room to check his vital signs.  At the time, Navdeep was 

praying, and Emminger began mocking Navdeep’s prayers by repeatedly saying “Ohm, Ohm.”  

The nurse asked whether Navdeep wanted to have his vitals checked, and while Navdeep could 

not respond verbally because he was in the middle of prayers, he shook his head no.  The nurse 

understood the response, but Emminger insisted that Navdeep had to respond verbally.  When 

Navdeep once again responded by shaking his head, Emminger yelled at him an anti-religious 

remark, and left, slamming the door. 

85.

 

On or about July 2005, Navdeep requested milk.  Navdeep’s medical chart 

provided that he was entitled to receive milk upon request.  Correction Officer K. Emminger 

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came into his room and told Navdeep that he understood Navdeep was doing some “religious 

bullshit,” but that unless he was coming from the hospital, he could not have milk. 

III.

 

Attempts to Address Complaints and Requests for Religious Accommodations 

Through the Prison System 

86.

 

In an attempt to address the above incidents, Navdeep has filed more than sixteen 

grievances with the Inmate Grievance Program.  He has appealed the determination of the 

Inmate Grievance Review Committee on these grievances to the Superintendent, and the 

Superintendent’s decision to the Central Office Review Committee.

87.

 

Navdeep has also appealed all of his misbehavior reports either to the 

Superintendent (for Tier II misbehavior reports) or to the Commissioner (for Tier III misbehavior 

reports). 

88.

 

Navdeep was also instructed by DOCS personnel, both verbally and in writing, to 

address concerns directly to Captain Pelc.  For example, on July 14, 2005, Inmate Grievance 

Program supervisor Michelle P. Stone wrote to Navdeep that he would have to write to Pelc for 

clarification of when Navdeep was permitted to have his Kara and that questions about the two 

religious articles, the Kacchera and the turban, should be addressed to Pelc “as they involve 

security.”  Similarly, in response to a grievance Navdeep filed on August 15, 2005, requesting 

times when he could pray, Stone responded that Navdeep would need to address those concerns 

directly to Pelc.  As a result, Navdeep has repeatedly written to and spoken with Captain Pelc 

and/or Superintendent Mazzuca about the restrictions on his religious practices.  The following 

are additional religious accommodations that Navdeep has requested: 

A.

 

Turbans  

89.

 

On August 26, 2005, Navdeep filed a grievance concerning the pre-turban and 

turban.  In the grievance, he requested permission to possess turbans that were at least three 

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