IV. Conclusions of Law.
1. Native American Indian culture and belief is a religion within the meaning of the first amendment to the United States Constitution.
2. Eugene Cole is a sincere adherent of Native American religious belief.
3. The enforcement of Administrative Directive 807 is an exaggerated response to Fulcomer's concern with preventing the introduction of contraband secreted in an inmate's hair into the institution through the visiting room.
4. Fulcomer's concern that inmates who escape from prison may be better able to avoid being identified if Administrative Directive 807 is not enforced is exaggerated.
5. Fulcomer's concern that institutional security will be threatened by increased homosexual activity if inmates are allowed to wear long hair is unreasonable.
6. Enforcement of Administrative Directive 807 is an exaggerated response to Fulcomer's concern with the promotion of safety and sanitation in connection with the operation of machinery and preparation of food by inmates.
7. Fulcomer's predecessor in office and his agents acted in good faith in enforcing Administrative Directive 807 against Cole.
8. Fulcomer has violated Cole's first amendment rights by disciplining him for failing to cut his hair because of his religious beliefs.
9. Enforcement of Administrative Directive 807 against Cole constitutes a violation of Cole's right to free exercise of his religious belief.
An appropriate order will be entered. [ EDITOR'S NOTE: The following court-provided text does not appear at this cite in 588 F. Supp.]
1. The enforcement of Administrative Directive 807 against Eugene Cole is a violation of Cole's right to free exercise of his religion.
2. Defendant Fulcomer and his agents are enjoined from enforcing against Cole the provisions of Administrative Directive 807 that prevent Cole from allowing his hair to grow naturally.
3. The Clerk of Court shall enter judgment in favor of Cole.
The Court having made an independent review of the record, and having considered the respective contentions of the parties,
IT IS ORDERED AND ADJUDGED that judgment be and hereby is entered in favor of the Plaintiff and against the Defendant.
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