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Sept 24, 2013

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NYS Corrections Officers With Beards Sue Citing Clarence Thomas To SDNY Judge Abrams

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, June 25 – Brian Sughrim and David Feliciano have sued the New York State Department of Corrections and Community Supervision for discriminating against and infringing on their religious freedoms as DOCCS officers who wear facial hair because of their religious beliefs. Both are Muslims. 

On June 25 U.S. District Court for the Southern District of New York Judge Ronnie Abrams held a proceeding. Inner City Press covered it.

   The defendants cited the Eleventh Amendment, and qualified immunity, as part of their motion to dismiss the second amended complaint.  

 The plaintiffs responded that qualified immunity is not a legal defense insofar as it has no statutory or historical basis and is judicially created, citing Siglar v. Abassi, 137 S.Ct.1843, 1870-72 (2017) (Thomas, J., concurring) and "Is Qualified Immunity Unlawful?" 106 Cal. L. Rev. 45 (2018).

This case is Sughrim et al v. State of New York et al., 19-cv-7977 (Abrams). 


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