Yosef Rothstein

A.

 

Incarceration at Downstate: Limiting Navdeep’s Religious Practices and His 

First Hunger Strike 

45.

 

Upon arriving at Downstate, John Doe #1 instructed Navdeep to shave his beard.  

DOCS Directive 4914 governing personal grooming requires all inmates to shave their beards 

during initial processing, and thereafter, allows inmates to grow their beards up to one inch in 

length.  The policy, however, does not require inmates with sincere religious beliefs that prohibit 

shaving to comply with these policies if they have a court order. 

46.

 

Navdeep informed John Doe #1 that he was a member of the Sikh religion and 

that the religion prohibited him from shaving his beard.  Moreover, John Doe #1 understood that 

Navdeep had a court order exempting Navdeep from cutting his hair.  John Doe #1, however, 

explained to Navdeep that he would still have to shave his beard, because the court order referred 

to Navdeep’s hair generally and did not specifically prohibit DOCS from shaving Navdeep’s 

beard.  When Navdeep still refused to shave his beard, John Doe #1 issued Navdeep a Tier II 

misbehavior report and placed him in keeplock for failing to obey a direct order to shave his 

beard.  

47.

 

In addition, DOCS employees at Downstate took away all of Navdeep’s 

remaining religious articles.  A DOCS employee offered Navdeep the opportunity to send his 

religious books, turbans, the extra pairs of Kaccheras and Kangas home; otherwise the items 

would be confiscated or discarded.  Navdeep accepted the offer to send the items home.  After 

the package was sealed, a correctional officer instructed Navdeep that he would have to remove 

the Kacchera he was wearing.  When Navdeep removed it, the correctional officer threw the 

Kacchera in the garbage.     

48.

 

Navdeep filed grievances and spoke to personnel at Downstate explaining the 

religious significance of the Kara and requesting that he be permitted to wear the Kara at all 

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times.  His requests were denied.  In response to being denied all of his religious articles, on or 

about February 14, 2005, Navdeep began a hunger strike, refusing both food and water. 

49.

 

On or about February 17, 2005, still on his hunger strike, Navdeep lost 

consciousness and was transferred to the infirmary.  In response, DOCS personnel immediately 

brought him a Kacchera, Kara and Kanga.  He was permitted to wear the Kacchera at all times, 

but could only wear the Kara and Kanga during meal time.  In addition, a correctional officer 

brought Navdeep two religious books, including a Daily-Nitnem (a prayer book).  As a result, 

Navdeep ended his hunger strike.  Navdeep also began wearing a turban in his cell by using his 

sheets, but did so without permission from DOCS.  Several weeks later, Navdeep was informed 

that he had been given permission to wear his turban at all times.  Later on, Navdeep’s family 

was also permitted to bring in for Navdeep the Sri Guru Granth Sahib.    

50.

 

After receiving the religious books, Navdeep explained to DOCS personnel his 

religious requirements for the proper keeping of these books, and requested that DOCS 

employees show the proper respect when touching them. 

51.

 

On February 18, 2005, a disciplinary hearing was held on the first misbehavior 

report at which Navdeep again stated that he could not shave his beard because of his religious 

beliefs.  Lieutenant Wohlrab upheld the misbehavior report, placed Navdeep in keeplock for 

thirty days and assessed him a five dollar surcharge.  Navdeep appealed the determination to the 

Superintendent.   

52.

 

On March 16, 2005, upon Navdeep’s release from keeplock, Sergeant V. Limaye 

directed Navdeep to shave his beard.  Navdeep informed Limaye that shaving his beard would 

violate his religion.  Nevertheless, Limaye placed Navdeep in keeplock for refusing to obey a 

direct order.  On March 22, 2005, Lieutenant Wohlrab upheld the misbehavior report, placed 

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Navdeep in keeplock for thirty days and assessed him a five dollar surcharge.  Navdeep appealed 

the determination to the Superintendent.   

53.

 

On March 24, 2005, Superintendent Annetts issued two memorandums stating 

that he had conducted a discretionary review of the two Tier II Disciplinary Hearings and 

directed the Disciplinary Office to release Navdeep from confinement, return any sanctions 

imposed and refund the five dollar surcharges.  Upon information and belief, the Disciplinary 

Office failed to immediately comply and Navdeep remained in keeplock for several more days.  

On April 14, 2005, Anthony Annucci, Deputy Commissioner and Counsel for DOCS, informed 

Navdeep that he would forward Navdeep’s request for an exemption from DOCS one inch rule 

to the Deputy Commissioner for Facility Operations with a recommendation that the request be 

approved. 

54.

 

On April 12, 2005, Correctional Officer J. Sears called Navdeep out for his 

morning medication.  During a “medical call out” an inmate must go to the nurses’ station and 

take his medication.  Navdeep, who had previously informed prison officials that he would not 

consume anything including his medicine until he was issued his Kara, told Sears that he could 

not take his medication without his Kara.  Sears issued Navdeep his third misbehavior report for 

failing to obey a direct order.  On April 19, 2005, at a disciplinary hearing (held at Fishkill), 

Lieutenant Milton upheld the misbehavior report, placed Navdeep in keeplock for 10 days and 

assessed a five dollar surcharge.  Navdeep appealed the determination to the Superintendent.   

B.

 

Transfer to and from Ulster: Mistreatment of Navdeep’s Religious Books  

55.

 

On April 15, 2005, between the issuance of the third misbehavior report and the 

hearing on the misbehavior report, Navdeep was transferred from Downstate to Ulster.  The day 

before, Correctional Officer Commia packed Navdeep for the transfer.  During the course of 

packing, Navdeep explained to Commia the Sikh requirements for the proper treatment of the 

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