ROURKE v. N.Y. STATE DEPT. OF CORRECT. SERVICES

No. 94-CV-0735.

915 F.Supp. 525 (1995)

Raymond T. ROURKE, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; George Cooper, Deputy Superintendent of Riverview Correctional Facility, in his Official and Individual Capacities, Wayne Barkley, Superintendent of Riverview Correctional Facility, New York State Department of Correctional Services, in his Official and Individual Capacities; William Costello, Deputy Superintendent of Security at Riverview Correctional Facility, New York State Department of Correctional Services, in his Individual and Official Capacities; and Thomas Testo, Special Assistant to the Commissioner for the Labor Relations, New York State Department of Correctional Services, in his Official and Individual Capacities, Defendants.

United States District Court, N.D. New York.

November 27, 1995.


Attorney(s) appearing for the Case

Dreyer, Boyajian & Tuttle, Albany, NY (Daniel J. Stewart, of counsel), for plaintiff.

Dennis C. Vacco, Office of Attorney General of State of New York Albany, NY (John S. Sherman, of counsel), for defendants.


MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND & FACTS

Plaintiff, RAYMOND T. ROURKE, is a full-blooded native american indian, and a member of the Mohawk nation. In November 1989, the plaintiff became a corrections officer at Riverview Correctional Facility ("Riverview").

In 1991, the plaintiff stopped cutting his hair allegedly in accordance with the beliefs of the Longhouse religion, the traditional religion of...

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