Wednesday, February 6, 2008
News The pressing legal issues of our time: dreadlocks
Posted by Thomas Wheatley @thomaswheatley on Wed, Feb 6, 2008 at 11:02 PM
Fulton County man kills person outside popular Atlanta locale and is arrested. Man is Muslim and does not want his beard or hair cut in jail, per his religious beliefs. Sentencing court says, "Cool." Man goes to jail. Over the course of next four years, jail orders man's hair and beard cut per its policies. Man has since converted to Rastafarianism and now sports dreadlocks, however, but still says, "Hold up, jail, and live up to your agreement." Bickering ensues, and state Supreme Court says it'll listen to the case.
For some reason I'm fascinated by this. Does a state Supreme Court justice take an awkward pause before he or she says "dreadlocks?" Read the state case summary after the jump.
JAMES DONALD, COMMISSIONER OF CORRECTIONS ET AL. V. RASHAD PRICE (S08A0436)At issue in this appeal from Fulton County is the length of a prison inmate’s hair.
FACTS: In 2001, Rashad Price pleaded guilty to voluntary manslaughter for the shooting death of Leniere Lawrence outside the Clairmont Lounge in Atlanta. He was sentenced to 15 years in prison. At his plea hearing, Price’s attorney asked the court to enter an order that the Department of Corrections be instructed not to cut his hair, out of respect for Price’s religious beliefs. Price is a Muslim who practices Islam. The sentencing order entered by the trial court dictated, “His hair shall not be cut.†During the next four years, Price’s hair was repeatedly cut under the department’s policies, which prohibit long hair and beards. In November 2005, Price – representing himself – sued, asking the court to force the state to live up to the sentencing order. By then, Price had converted to Rastfarianism and was challenging the cutting of his dreadlocks and the shaving of his beard. The trial court ruled in Price’s favor, and the State now appeals.
ARGUMENTS: On behalf of Commissioner Donald and prison warden Dwight Hamrick, the State argues that the trial court erred on a number of fronts, including that Price should not have been permitted to proceed with his complaint because he used the wrong form. The State also contends the court was wrong to grant Price the relief he sought and that Price instead should have claimed the State violated a 2000 federal law or petitioned for a writ of habeas corpus challenging his conviction and sentence; that the sentencing court lacks the authority to direct the conditions of an inmate’s confinement, and that it cannot dictate hair length anymore than it can dictate an inmate’s diet, clothing or the facitlity where he’s housed; that the 2000 federal law does not exempt inmates from the Department of Corrections’ policies on hair length and facial hair; and that those policies are designed to protect security by promoting discipline and uniformity in grooming and hygiene.
Price argues that he had to write out his complaint because he was denied the correct form. He argues that the trial court’s order prohibiting the cutting of his hair was a term of his plea agreement and that the district attorney did not object; that the Department of Corrections cannot disregard the sentencing court’s order; and that he sought mandamus relief rather than habeas relief because he is not challenging his sentence but rather wants the department to be forced to abide by the order. Price also argues that in addition to the sentencing order, his religious freedoms are protected by the 2000 federal law and that the State failed to present evidence proving that security interests outweigh Price’s religious interests.
Attorneys for Appellant (State): Thurbert Baker, Attorney General, Mary Beth Westmoreland, Dep. A.G., Joseph Drolet, Sr. Asst. A.G., Robert Smith, Jr. Asst. A.G.
Attorneys for Appellee (Price): Gerald Weber, Lisa Kung
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