at 21–22.) This Court has carefully considered Defendant's Objection and finds that it does not present any additional arguments to those thoroughly considered and addressed within the R & R.
29–1.) Defendant also challenges the conclusions in the R & R that Plaintiff's religious belief is sincere and that the current policy substantially burdens his beliefs. 29.) Defendant contends that any increase in risk to the safety and security at the ACI, however slight, means that the balancing of the harms consideration of the preliminary injunction analysis must tip in favor of not changing the religious head-covering policy. That the Court issue a limited injunction allowing Plaintiff to wear a kufi in the prison yard. at 547.)ĭefendant filed an objection to the R & R, arguing that the R & R erred by recommending 27.) The R & R also recommended that the narrow injunction "be subject to immediate cancellation and withdrawal of the privilege if, in practice, it exacerbates RIDOC's identified security concerns." ( Id. Sullivan held a hearing on Plaintiff's motion in July 2016 and filed a Report and Recommendation ("R & R") ( see attached) on August 15, 2016, recommending that the Court issue a limited, ninety-day injunction "directing RIDOC to expand its headwear policy to permit Plaintiff to wear a kufi of a specified design while exercising in the prison yard, subject to all of the existing limits on the wearing of secular head coverings." (R & R 547, ECF No. 1.) Plaintiff, a Sunni Muslim, is seeking a temporary restraining order and preliminary injunction that he be allowed to wear a kufi without restriction throughout the ACI. Plaintiff James Harris, an inmate at the Adult Correctional Institutions ("ACI"), is challenging a Rhode Island Department of Corrections ("RIDOC") policy that allows him to wear his religious head covering only when he is in his cell or when he is attending religious services.
Field, Katherine Connolly Sadeck, Department of Attorney General, Providence, RI, for Defendant.
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