Beards are part of religious freedom

CINCINNATI - An Orthodox Hasidic Jew serving a life term can sue Ohio prison officials on his claim that they violated his right to freedom of religion when they forcibly cut off his beard, an appeals court ruled yesterday.

However, the 6th U.S. Circuit Court of Appeals said that Hbrandon Lee Flagner cannot try to collect money damages from prison officials. Those officials are legally immune from such lawsuits in carrying out their official duties, the court ruled.

Flagner, 49, was sent to prison in 1986 after being convicted in Cuyahoga County of aggravated murder and kidnapping. He also was convicted of breaking and entering in Lorain County.

He said his beard and sideburns were cut in 1996 and 1998, in violation of his religious beliefs.

Prison officials say Flagner was treated no differently than other inmates. The state's prison regulations require inmates to keep beards and sideburns neatly trimmed, within a half inch of the skin, so that they cannot hide weapons, drugs or other illegal items.

Michael O'Hara, Flagner's lawyer, said he has seen photographs showing Flagner's beard reaching about 4 inches below his chin. O'Hara does not know whether the beard is longer now.

The defense presented testimony that Flagner and four American Indian prisoners were exempted from the grooming regulation between the time his beard and sideburns were cut in 1996 and 1998.

On fewer than five occasions, prison officials required Flagner to run his fingers through his beard and sideburns while they watched to see if he had hidden anything illegal. Nothing illegal was ever found, according to testimony.

In a 2-1 ruling, the appeals court said Flagner had presented enough evidence about the prison system's on-again, off-again attitude toward cutting his beard that a trial jury should be asked to decide whether his First Amendment right of religious freedom was violated.

In a dissent, Judge David Nelson said he believes that Ohio has the constitutional authority to make Flagner comply with the grooming regulation.