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POE v. WERNER

December 2, 1974

Raymond Edwin POE, K-1106, Plaintiff,
v.
Stewart WERNER, Commissioner of the Bureau of Corrections of Pennsylvania, et al., Defendants


Rosenn, Circuit Judge, Sheridan, Chief District Judge, and Muir, District Judge. Rosenn, Circuit Judge (concurring). Muir, District Judge (dissenting).


The opinion of the court was delivered by: SHERIDAN

SHERIDAN, Chief District Judge.

 Plaintiff, Raymond Edwin Poe, presently an inmate at the State Correctional Institution at Rockview, Bellefonte, Pennsylvania, brought this action under the Civil Rights Act, 42 U.S.C.A. §§ 1983-1985, seeking injunctive relief against the defendants, Stewart Werner, Commissioner of the Bureau of Corrections of Pennsylvania and Glen R. Jeffes, Superintendent of the State Correctional Institution at Dallas. Federal jurisdiction is invoked under 28 U.S.C.A. § 1343. Specifically, plaintiff requests the court to enjoin the enforcement of the hair length regulation for inmates promulgated by the Pennsylvania Bureau of Corrections and the enforcement of the institutional policy at Dallas requiring supervised showers for homosexuals.

 Subsequent to the filing of the complaint, plaintiff was transferred from the State Correctional Institution at Dallas to Rockview, where plaintiff's showers are not supervised. For this reason plaintiff's request for injunctive relief with respect to the institutional policy at Dallas which requires supervised showers for homosexuals was dismissed as moot.

 There remains plaintiff's contention that the hair length regulation of the Bureau of Corrections is unconstitutional. Since plaintiff seeks injunctive relief restraining state officials from the enforcement, operation and execution of a statewide prison regulation on the ground of its unconstitutionality, a three-judge court has been convened pursuant to 28 U.S.C.A. § 2281. King v. Smith, 1968, 392 U.S. 309, 311-312 & n. 3, 88 S. Ct. 2128, 20 L. Ed. 2d 1118; Sands v. Wainwright, 5 Cir. (en banc) 1973, 491 F.2d 417; see Procunier v. Martinez, 1974, 416 U.S. 396, 94 S. Ct. 1800, 40 L. Ed. 2d 224.

 The Bureau's regulation with respect to hair length of prisoners provides:

 
"I. PURPOSE
 
The purpose of this directive is to establish guidelines for resident grooming that permit individuality and are consistent with practices in the community.
 
"II. MALE HAIR STYLES
 
Hair that does not fall below the top of the collar in length, a beard or goatee no longer than three inches, a mustache and sideburns shall be permitted provided they are neat and clean.
 
"III. FEMALE GROOMING
 
A. Any feminine hair style shall be permitted.
 
B. Unless otherwise determined by the Superintendent of the State Correctional Institution at Muncy, hair dyeing and tinting be done ...

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