Andrew J. Frackman (AF4276)
Kenneth Marvet (KM8800)
O’MELVENY & MYERS LLP
Times Square Tower
7 Times Square
New York, NY 10036
Telephone: (212)
326-2000
Facsimile: (212)
326-2061
Steven Rubin (SR7887)
UNITED SIKHS
481 Eighth Avenue, Suite 10001
New York, NY 10001
Attorneys for Plaintiff
NAVDEEP SINGH
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NAVDEEP SINGH,
Plaintiff,
-against-
GLENN S. GOORD, Commissioner Department
of Correctional Services, WILLIAM MAZZUCA,
former Superintendent, Fishkill Correctional
Facility, LARRY ZWILLINGER, acting
Superintendent, Fishkill Correctional Facility,
PAUL ANNETTS, Superintendent, Downstate
Correctional Facility, WOHLRAB, Lieutenant,
Downstate Correctional Facility, COMMIA,
Correctional Officer, Downstate Correctional
Facility, LYNCH, Correctional Officer, Fishkill
Correctional Facility, LARKIN, Deputy, Fishkill
Correctional Facility, MENDOZA, Correctional
Officer, Fishkill Correctional Facility,
DIGIROLAMO, Correctional Officer, Fishkill
Correctional Facility, MONZILLO, Correctional
Officer, Fishkill Correctional Facility,
STEWART, Correctional Officer, Fishkill
Correctional Facility, TABOR, Correctional
Case No.
COMPLAINT
Officer, Fishkill Correctional Facility, K.
EMMINGER, Correctional Officer, Fishkill
Correctional Facility, MICHELLE P. STONE,
head of the Inmate Grievance Program at Fishkill
Correctional Facility, and JOHN DOE #1-6,
Defendants.
INTRODUCTION
1.
This is an action brought pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 2000cc
(“RLUIPA”), the laws and the Constitution of the United States, and the Constitution of the State
of New York, to permit Navdeep Singh (“Navdeep”) to practice his religion while incarcerated.
As a devout Sikh, Navdeep is obligated to follow all of the teachings of the Sikh religion.
Defendants have unjustifiably and unlawfully imposed on Navdeep unwarranted restrictions on
his religious practices. RLUIPA, in particular, prohibits defendants from imposing a substantial
burden on Navdeep’s religious exercise unless the burden furthers a compelling government
interest and is the least restrictive means of furthering that interest. No such justification exists
for the burdens imposed by defendants on Navdeep in this case.
2.
The burdens and limitations imposed by defendants on Navdeep are particularly
unjustified because they are inconsistent with accommodations which The New York State
Department of Correctional Services (“DOCS”) has made for other incarcerated persons of other
religious groups, including Christians, Muslims, Jews, Native Americans, and Rastafarians, to
name a few.
3.
DOCS Directive 4202 provides that the Department “attempts to identify
particular faiths within the inmate population in an effort to accommodate the legitimate spiritual
needs of its inmates as reasonably as possible.” Consistent with Directive 4202, DOCS, for
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example, permits a Native American inmate to possess several religious items including a
medicine bag, an American Rosette on a fabric or leather cord, sacred herbs, smoking pipe and
religious artifacts and symbols. In contrast, defendants have prevented Navdeep from possessing
essential religious items, including without limitation, the Kara, a thin cast-iron or steel bracelet
worn by Sikhs at all times. Similarly, DOCS permits a Christian inmate to wear a cross pendant,
but refuses to permit Navdeep to wear a Khanda, the Sikh pendant.
4.
Navdeep seeks the right to practice his religion and an order requiring DOCS to
grant all of his reasonable requests for religious accommodations, as required by RLUIPA,
DOCS’ own Directive, the Constitution of the United States, and the Constitution of the State of
New York. These requests fall into three general categories, Navdeep requests: (a) the right to
possess his religious articles, books, and pendants; (b) that these items be treated with respect;
and (c) that he be provided reasonable accommodations so that he can practice Sikhism, such as
set times for prayer and a vegetarian diet.
JURISDICTION AND VENUE
5.
This action arises under 42 U.S.C. § 1983, 42 U.S.C. 2000cc (“RLUIPA”), the
laws and the Constitution of the United States, and the Constitution of the State of New York.
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331, 1343(a)(3), 1343(a)(4) and
42 U.S.C. § 2000cc-2(a). The Court has supplemental jurisdiction under 28 U.S.C. § 1367(a).
Jurisdiction to grant declaratory relief is conferred by 28 U.S.C. §§ 2201, 2202. Injunctive relief
is authorized under Rule 65 of the Federal Rules of Civil Procedure.
6.
Venue is proper pursuant to 28 U.S.C. § 1391(b), as a substantial part of the
events or omissions giving rise to the claims occurred in the Southern District of New York.
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