JOHN BLAKE, PETITIONER-APPELLANT,
v.
H. H. PRYSE, WARDEN, SANDSTONE, MINNESOTA, FEDERAL BUREAU OF PRISONS, WASHINGTON, D. C., RESPONDENT-APPELLEE

8th Cir. | 1971-06-30
No. 20600
444 F.2d 218 United States Court of Appeals for the Eighth Circuit (1971)

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Holding

Prison regulations requiring inmates to shave and cut their hair do not deprive them of federal civil or constitutional rights.


Facts & Procedural History

An inmate sued prison officials seeking injunctive relief, claiming a right to control his hair and beard style. The District Court denied relief afte…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioner, John Blake, currently an inmate confined at the Federal Correctional Institution at Sandstone, Minnesota, believes that he is being deprived of his federal civil and constitutional rights because prison officials require him to shave and cut his hair. His petition, heretofore filed in the District of Minnesota, sought injunctive relief, claiming a civil and constitutional right to the length, style and growth of his hair and the growing of a beard and moustache to suit his personal desires. The District Court, the Honorable Philip Neville, after holding an evidentiary hearing, denied relief. Blake v. Pryse, 315 F.Supp. 625 (D.Minn.1970). Petitioner appeals.

We think it evident that the regulation in question, however annoying it may be to petitioner personally, does not deprive him of any federal civil or constitutional right. Absent a deprivation of a constitutional right, the federal courts will not interfere with the administration of the prison system. The courts are not superwardens nor are the courts designed to function as administrative overseers of functions entrusted to the executive branch of government. The petitioner, a sentenced inmate, is under the general supervision and control of the Attorney General of the United States.

An individual upon incarceration loses certain personal freedoms and rights and is under a temporary duty to conform to reasonable institutional regulations. The courts will not interfere with prison regulations and discipline except in exceptional circumstances and those involving cruel and unusual punishment. We find neither here. The trial court’s published opinion adequately deals with the issue in this case.

The judgment is affirmed.


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