Full opinion text
MEMORANDUM AND ORDER RICHARD J. SULLIVAN, District Judge: Plaintiffs Thomas Pugh, Jr., and Clay Chatin, each currently or previously incarcerated by the New York State Department of Correctional Services (“DOCS”), bring this action against defendants Glenn S. Goord, Warith Deen Umar, Mark Leonard, John LoConte, Frank Headley, John Nuttal, William Mazzuca, Ada Perez, and Jimmie Harris (collectively “Defendants”) alleging under 42 U.S.C. § 1983 violations of their constitutional and statutory rights to free exercise of Shi’a Islam and to be free from the establishment of the Sunni branch of Islam under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000ce, and the First and Fourteenth Amendments to the Constitution of the United States. Specifically, plaintiffs claim that the failure of DOCS to mandate separate Friday prayer services (known as “Jumah” services) for Shi’ite inmates, independent of Sunni participation, violates their constitutional and statutory rights. Plaintiffs seek declaratory and injunctive relief, compensatory, nominal, and punitive damages, and an award of attorneys’ fees and costs. Before the Court are two motions for summary judgment on all claims — one by defendant John LoConte, and another by defendants Goord, Leonard, Headley, Nut-tal, Mazzuca, Perez, and Harris (collectively “State Defendants”). Defendant War-ith Deen Umar is proceeding pro se in this case and has not moved for summary judgment nor joined in either of the motions. For the reasons that follow, .both motions are granted in part and denied in part. Specifically, defendants' motion to dismiss plaintiff Chatin’s claims for injunc-tive relief on the basis of mootness is granted. In addition, summary judgment in favor of all defendants is granted on plaintiffs’ RLUIPA claims to the extent plaintiffs seek to recover monetary damages on that claim. In all other respects, defendants’ motions for summary judgment are denied. I. BACKGROUND A. The Facts The following is a recitation of those facts relevant to the resolution of the summary judgment motions. The Court shall view these facts in the light most favorable to plaintiffs, as it must on a motion for summary judgment. See Amnesty Am. v. Town of West Hartford, 361 F.3d 113, 122 (2d Cir.2004). 1. The Plaintiffs Plaintiff Pugh is an inmate currently in the custody of DOCS and housed at Adirondack Correctional Facility. (See Defs.’ 56.1 ¶ 2; Keane Deck ¶ 2, Ex. B.) Pugh formerly resided at both Mid-Orange Correctional Facility in Orange County, New York (“Mid-Orange”) and Fishkill Correctional Facility in Dutchess County, New York (“Fishkill”). (See Second Am. Compl. ¶ 5.) Plaintiff Chatin is a former inmate of DOCS, having been released on or about October 18, 2007. (See Keane Deck ¶ 1, Ex. A.) Prior to his release, Chatin was housed at both Mid-Orange and Fishkill. (See Second Am. Compl. ¶ 6.) Original plaintiff Errol Ennis was deported, did not sign the Second Amended Complaint, and was terminated from this action on January 20, 2004. (See State Defs.’ 56.1 ¶ 2, Ex. L.) Original plaintiff Edward Hamil stipulated to the withdrawal of all of his claims from the lawsuit in 2005. (See id. ¶ 2, Ex. N.) Plaintiffs identify themselves as adherents of the Shi’a sect of Islam. (Pugh Deck ¶ 1; Chatin Deck ¶ 1.) Plaintiffs assert that they have brought this action “to vindicate their constitutional and statutory right to the free and equal exercise of the Shi’ite Muslim religion, and to be free from the establishment of the Sunni Muslim religion, in prisons operated by [DOCS].” (Second Am. Compl. ¶1.) According to plaintiffs, there are important differences between the Shi’a faith and the Sunni faith, which require that Shi’ites be given separate accommodations, including their own prayer services. (See, e.g., Pugh Decl. ¶¶ 2, 5-7, 23, 26; Chatin Decl. ¶¶ 10-12, 15-18, 22-23.) Plaintiffs assert that, as Shi’ites, they are required to participate in a weekly communal prayer service, called the “Jumah” service, which must be led by a Shiite imam, or prayer leader. (See Pugh Decl. ¶¶ 11, 16, 18-21, 23-24; Chatin Decl. ¶¶ 2-5, 8-11,18-19.) 2. The Protocol Current DOCS policy on the accommodation of Shi’ites is governed by the “Protocol for Shi’ite Muslim Programs and Practices” (the “Protocol”). (See State Defs.’ 56.1 ¶43 & Ex. C at Ex. 4 (the Protocol, dated October 26, 2001).) The Protocol was implemented in 2001 in response to concerns raised by Shi’ite inmates, including plaintiffs, concerning the treatment and accommodation of Shi’ites by DOCS, as well as the decisions in Cancel v. Goord, 181 Misc.2d 363, 365-66, 695 N.Y.S.2d 267 (Sup.Ct. Dutchess Cty.1999) and Cancel v. Goord, 278 A.D.2d 321, 323, 717 N.Y.S.2d 610 (2d Dep’t 2000). (See State Defs.’ 56.1 ¶¶ 36-37; Pls.’ 56.1 Opp’n ¶ 37.) State Defendants assert that the Protocol “was developed through at least two years of review and consultation with major Islamic organizations in New York, including [the Al-Khoei Center for Islamic Studies] in the Spring and Summer of 2001.” (State Defs.’ 56.1 ¶ 49.) According to State Defendants, the purpose of meeting with representatives of the Al-Khoei Center, a Shi’ite mosque and educational center, was to develop a policy that would adequately accommodate Shi’ite inmates. (See State Defs.’ 56.1 ¶ 38-41.) Following these consultations, DOCS adopted the Protocol and disseminated it to all DOCS facilities. (Id. at 43^4.) State Defendants contend that Al-Khoei supported the Protocol, and agreed with the conclusion that Shi’ites and Sunnis could pray together at Jumah services. (Id. at 50-52.) The Protocol first provides that “all Department employees, including Chaplains, and volunteer Chaplains, and all inmate facilitators, shall absolutely refrain from disparaging in any manner whatsoever, the doctrines, beliefs or teachings of any other religious faith, nor disparage any inmate or group of inmates for being adherents of any other religious faith, or sect.” (Protocol, Article I.) Next, the Protocol instructs that DOCS will consult with “ecclesiastical authorities on Shi’ite Islam in the community-at-large” to obtain guidance and recommendations on the appropriate “texts, literature, [and] educational materials” for Shi’ite inmates, as well as recommendations for Shi’ite volunteer and employee Chaplains. {Id. at Article II.) The Protocol further provides that “Shi’ite Muslim inmates shall have the same rights as all other inmate faith groups to attend Shi’a Muslim religious education and study classes” as well as “the full and equal opportunity to participate in, without discrimination, the weekly Friday Jumah service for all Muslim inmates of a particular correctional facility.” {Id. at Articles III, IV.) In addition, “Shi’ite Muslim Chaplains, whether they be employees or outside volunteers, shall be entitled to officiate at the weekly Jumah services in the same manner as any other Muslim chaplain or outside volunteer Chaplains.” {Id. at Article TV.) Finally, under the Protocol, “[t]he Department shall revise its Religious Observance Calendar in consultation with its outside ecclesiastical authorities as referenced in Article II hereinabove, to include observances unique to Shi’ite Muslims, namely the observances of Ashura and the Id-ul-Ghadeer Khum.” {Id. at Article V.) State Defendants assert that, under the Protocol, Shi’ite inmates are given the option of attending congregate Jumah services on Fridays. {See State Defs.’ 56.1 ¶ 13.) State Defendants also assert that DOCS provides classes and dietary accommodations for Shi’ites, as well as a Shi’ite chaplain who ministers to Shi’ite inmates. {Id. ¶¶ 16, 21.) They also contend that DOCS accommodates observances of religious holidays pursuant to the Protocol. {Id. ¶ 16.) State Defendants admit that Shi’ite Muslim inmates do not have their own separate Jumah service conducted by a Shi’ite cleric, but contend that plaintiff Pugh has conceded that Shi’ites can satisfy the Friday prayer obligations by praying the Zohr prayer alone in their cells. {Id. ¶ 111.) 3. Plaintiffs’ Opposition to the Protocol Plaintiffs object to the Protocol first because they contend that it does not go far enough in addressing their needs. Plaintiffs believe that as practicing Shi’ites, they are required to participate in a Friday Jumah prayer service led by a Shi’ite. {See Pis.’ 56.1 ¶¶6, 9, 12-14; Pugh Decl. ¶¶ 11, 16, 18-21, 23-24; Chatin Decl. ¶¶ 2-5, 8-11, 18-19.) They also believe that the Jumah service must be separate from a service that includes Sunni Muslims (see Pis.’ 56.1 ¶¶2, 9), and that a Sunni-led service does not have religious value to them, nor satisfy their religious requirements {id. ¶¶ 3-5, 9, 15). Likewise, they assert that the Zohr prayer is not an adequate permanent substitute for attending Shi’ite-led Jumah services on a long-term basis. {See id. ¶ 111; Pugh Deck ¶ 14; Chatin Decl. ¶ 6-8.) In that vein, plaintiffs also assert that, despite the implementation of the Protocol, they have been subjected to disparate treatment and experienced anti-Shi’ite discrimination and hostility as a result of DOCS policies and the actions and inac-tions of DOCS employees. For example, plaintiffs state that many prison libraries contain anti-Shi’ite books and other propaganda; that, at certain facilities, Shi’ites are denied means to break the Ramadan fast if they do not attend the Sunni Jumah; and that Shi’ites often cannot obtain books for Shi’ite programs or storage for books, even though storage is available. (See Pugh Decl. ¶¶ 40^42; Chatin Deck ¶¶ 43-44, 46, 53-54.) They also contend that they have personally experienced discrimination and hostility from Sunni inmates and leaders, including defendant Umar, which defendants have failed to remedy. (See, e.g., Pugh Deck ¶¶ 27-39, 43; Chatin Deck ¶¶ 28-34, 45-49.) Plaintiffs thus contend that “DOCS’ accommodation of Shi’ite Muslims is insufficient and is in essence a Sunni Muslim program, not a generic program.” (Pis.’ 56.1 Opp’n ¶ 13; see also Pugh Deck ¶¶ 23-24; Chatin Deck ¶¶ 51.) B. Procedural History Plaintiffs commenced this action on September 27, 2000. On August 27, 2001, in response to the implementation of the Protocol, Pugh filed a motion for a preliminary injunction seeking “to afford plaintiffs and other Shi’ite Muslims in the same situation a separate prayer area free from Sunni influence in a time or place that eomport[s] with legitimate penological concerns.” (State Defs.’ 56.1 ¶ 54.) On October 5, 2001, the Court held a conference at which the parties were instructed to address whether the Protocol had mooted plaintiffs’ claims at issue in the case. (See August 21, 2001 Order.) Pugh informed the Court that, notwithstanding the Protocol, plaintiffs required separate religious services, including a separate prayer area. (State Defs.’ 56.1 ¶ 56.) Both plaintiffs stated, either on the record or in affidavits, that they required a separate Shi’ite chaplain to lead the prayer services. (Id. ¶¶ 56-57.) On January 3, 2002, the Honorable Gerald E. Lynch, District Judge, to whom this case was previously assigned, denied the plaintiffs’ request for a preliminary injunction and dismissed the case sua sponte, finding that the joint services policy did not violate the First Amendment. See Pugh v. Goord, 184 F.Supp.2d 326, 337 (S.D.N.Y.2002). On September 24, 2003, the Second Circuit reversed, finding that a sua sponte dismissal was not appropriate. See Pugh v. Goord, 345 F.3d 121, 124-26 (2d Cir.2003). The plaintiffs then filed a Second Amended Complaint, and the parties proceeded to discovery. On September 3, 2004, the case was reassigned to the Honorable Kenneth M. Karas, District Judge, and discovery closed on or about September 30, 2005. On April 6, 2006, defendants filed the instant summary judgment motions. On September 4, 2007, this case was reassigned to the undersigned. On September 28, 2007, the Second Circuit issued an unpublished summary order reversing the district court’s grant of summary judgment in a similar case, Orafan v. Rashid, pending in the Northern District of New York. See Orafan v. Rashid, 249 Fed. Appx. 217 (2d Cir. Sept.28, 2007). In that order, the court stated that reversal was appropriate because the record reflected “unresolved issues of material fact relevant to the questions of (1) the burden that the denial of a Friday congregate prayer service placed on plaintiffs’ religious exercise; and (2) whether the DOC is able to accommodate plaintiffs’ request for a [Shi’ite]-led Friday congregate prayer service without jeopardizing legitimate penological objectives.” Id. at 218. In a letter dated October 1, 2007, plaintiffs wrote to the Court, apprising the Court of the Orafan decision and requesting that the Court deny the outstanding summary judgment motions based on Ora-fan. Defendant LoConte and State Defendants responded to plaintiffs’ letter with their own letters, dated October 5, 2007 and October 9, 2007, respectively, asserting that the summary judgment motions were still viable and should be granted. On October 29, 2007, the Court held a conference to address the impact of Chu-fan on the pending motions. After that conference, the parties filed supplemental briefs with the Court, and the Court held oral argument on the motions on February 13, 2008. II. STANDARD OF REVIEW The standards for summary judgment are well-settled. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, a court may not grant a motion for summary judgment unless “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” See Bronx Household of Faith v. Bd. of Educ. of City of New York, 492 F.3d 89, 96 (2d Cir.2007). The moving party bears the burden of showing that he or she is entitled to summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The court “is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.” Amnesty Am., 361 F.3d at 122; see also Anderson, 477 U.S. at 248, 106 S.Ct. 2505 (holding that summary judgment is unwarranted if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party”); Rivkin v. Century 21 Teran Realty LLC, 494 F.3d 99, 103 (2d Cir.2007). As such, “if ‘there is any evidence in the record from any source from which a reasonable inference in the [nonmoving party’s] favor may be drawn, the moving party simply cannot obtain a summary judgment.’ ” Binder & Binder PC v. Barnhart, 481 F.3d 141, 148 (2d Cir.2007) (quoting R.B. Ventures, Ltd. v. Shane, 112 F.3d 54, 59 (2d Cir.1997)) (alteration in original). III. Discussion A. Mootness 1. Pugh State Defendants assert that because Pugh has been transferred to the Adirondack Correctional Facility (“Adirondack”) and is no longer a prisoner at Fishkill, his claims for injunctive relief are moot. (See State Defs.’ Supp. Mem. at 8-9.) Pugh argues that his claims are not moot, because he “possesses a very real and legally cognizable interest in the outcome of this case” as he continues to be denied a separate Shi’ite Jumah service at Adirondack. (See Letter dated Nov. 16, 2007 from Aaron O. Lavine and Amy E. Hewlett to the Court (“Pis.’ Supp. Mem.”) at 2.) Generally, it is true that a prisoner’s transfer from a prison facility moots that prisoner’s claim for injunctive relief against the transferring facility. See Prins v. Coughlin, 76 F.3d 504, 506 (2d Cir.1996). However, there is an exception to the mootness doctrine for challenged actions that are “capable of repetition, yet evading review.” See Murphy v. Hunt, 455 U.S. 478, 482, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982). This exception will be applied — provided the action is not a class-action lawsuit — if “ ‘(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [i]s a reasonable expectation that the same complaining party would be subjected to the same action again.’ ” Id. (quoting Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 46 L.Ed.2d 350 (1975)); Muhammad v. City of New York Dep’t of Corr., 126 F.3d 119, 123 (2d Cir.1997). The Court finds that Pugh’s action qualifies for the “capable of repetition, yet evading review” exception, and that Pugh’s transfer does not moot his action for injunctive relief. First, the Court finds that the duration element is satisfied, due to DOCS’ ability to freely transfer Pugh between facilities prior to full litigation of his claims. To find otherwise would mean that prison officials could simply transfer a prisoner from facility to facility in order to moot his claims, even where the same conditions that underlie the plaintiffs litigation are present at the new facility. Second, the Court finds that there is “a reasonable expectation that the same complaining party [will] be subject to the same action again.” Murphy, 455 U.S. at 482, 102 S.Ct. 1181; see also Washington v. Harper, 494 U.S. 210, 219, 110 S.Ct. 1028, 108 L.Ed.2d 178 (1990) (holding that prisoner’s claims were not moot despite prisoner’s transfer to a non-offending facility, given that the “[t]he alleged injury would likely recur”). Pugh still maintains “a legally cognizable interest,” County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 59 L.Ed.2d 642 (1979), in the outcome of this action given that he is still a prisoner at a DOCS facility. DOCS’ policies, particularly the Protocol, are applicable to all prison facilities, and no separate Shi’ite Jumah services appear to be currently available at Adirondack Correctional Facility, where Pugh is housed. (See Pis.’ Supp. Mem. at 2; Keane Decl. ¶ 4 (“Adirondack does not have the physical space at this time to accommodate an additional Jumah service.”).) Additionally, there is some evidence that plaintiff has made similar requests for Shi’ite services to officials at Adirondack, though State Defendants dispute this assertion. (See Lavine Decl. ¶ 7 (noting that, on information and belief, Pugh has requested Shi’ite Jumah services at Adirondack); Keane Decl. ¶ 3 (“[OJffi-cials at Adirondack ... have not fielded any requests by any Muslim inmate to have Jumah services separate from the unitary services now provided for by DOCS.”).) Accordingly, the Court finds that Pugh’s claims for injunctive relief are not moot. 2. Chatin State Defendants also contend that plaintiff Chatin’s claims for injunctive relief are moot, given that he was released from DOCS custody in October 2007. (See State Defs.’ Supp. Mem. at 7-8.) Chatin asserts in opposition that his claims are not moot because he “intends to serve as an external facilitator for Shi’ite Jumah services in DOCS, where he would visit, join in, and perhaps lead Friday Jumah services.” (Pis.’ Supp. Mem. at 3.) Chatin also contends that the conduct challenged by his claims for injunctive relief is capable of repetition, yet evading review, because “given the unfortunately high rates of recidivism in America, it is all too likely that Mr. Chatin will find himself in prison once again ...” (See id. at 4.) Where a prisoner has been released from prison, his claims for injunctive relief based on the conditions of his incarceration must be dismissed as moot. See Hallett v. New York State Dep’t of Corr. Serv., 109 F.Supp.2d 190, 196 (S.D.N.Y.2000) (citing Gadson v. Goord, No. 96 Civ. 7544(SS), 1997 WL 714878, at *3 (S.D.N.Y. Nov.17, 1997)); see also Rhodes v. Stewart, 488 U.S. 1, 4, 109 S.Ct. 202, 102 L.Ed.2d 1 (1988) (holding that a lawsuit brought by two prisoners to modify prison policies on magazine subscriptions, where not a class action lawsuit, was moot where one prisoner had been released and the other had died by the time the district court entered an order). The Court finds that, given that plaintiff Chatin was released from prison on October 18, 2007 {see Keane Decl. ¶ 1, Ex. A), Chatin’s claims for injunctive and/or declaratory relief against DOCS are moot. First, the Court rejects Chatin’s argument that his participation as an “external facilitator” for Shi’ite Jumah services in DOCS, even if permitted, allows Chatin to continue to assert claims for injunctive relief. There is no guarantee that Chatin will be permitted to be a “facilitator” for Shi’ites in DOCS custody. Even if he were permitted to do so, Chatin has not shown how such activity would constitute a legally-eognizable interest in the instant litigation. Chatin’s claims arise out of DOCS’ refusal to provide him with a separate Shi’ite Jumah service. Given that Chatin is no longer a prisoner, and thus free to worship in any manner available to him going forward, he has no remaining interest in the litigation. Chatin’s second argument — that he will likely end up in prison again, thus preserving his claim in the event of future incarceration — is meritless, speculative, and, on some level, highly insulting. See Muhammad, 126 F.3d at 124 (rejecting plaintiffs claim that his case was capable of repetition yet evading review where “he has stated no basis for an expectation that he will again find himself in the custody of the DOC and subject to its policies”). Accordingly, Chatin’s claims for injunctive relief are denied as moot. This holding does not implicate Chatin’s claims for monetary damages, which are addressed below. B. Exhaustion Defendants next move for summary judgment on the ground that plaintiffs failed to exhaust administrative remedies as required by the Prison Litigation Reform Act of 1995 (“PLRA”), 42 U.S.C. § 1997e(a). (See State Defs.’ Mem. at 20-25; LoConte Mem. at 50.) Plaintiffs respond that their claims were properly exhausted pursuant to the PLRA. (See Pis.’ Opp’n at 22-28.) For the reasons that follow, the Court finds that plaintiffs properly exhausted their administrative remedies and summary judgment on this ground is denied. 1. Legal Standard The PLRA provides that “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). It is well-settled that this requirement “applies to all inmate suits about prison life, whether they involved general circumstances or particular episodes, and whether they alleged excessive force or some other wrong.” Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). A grievance that is procedurally defective does not satisfy the exhaustion requirement, regardless of the notice given to prison officials about the claim. See Woodford v. Ngo, 548 U.S. 81, 83-84, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006). “Complete exhaustion to the highest level is required for each claim.” Singh v. Goord, 520 F.Supp.2d 487, 495 (S.D.N.Y.2007) (citing Veloz v. New York, 339 F.Supp.2d 505, 514 (S.D.N.Y.2004)). “Moreover, a claim must be completely exhausted prior to commencing suit. It is insufficient to take only limited steps towards exhaustion before commencing the suit, or even to exhaust a claim entirely during the pendency of the case.” Schwartz v. Dennison, 518 F.Supp.2d 560, 568 (S.D.N.Y.2007) (citing Neal v. Goord, 267 F.3d 116, 122 (2d Cir.2001)). It is undisputed that DOCS has established an Inmate Grievance Program (“IGp”), fljg purpose of which is to provide inmates with an “orderly, fair, simple and expeditious method of resolving grievances ...” in accordance with the PLRA’s exhaustion requirement. 7 N.Y. Comp. Codes R. & Regs. tit. 7, § 701.1(a) (2008); (Pls.’ Opp’n at 23); see also Abney v. McGinnis, 380 F.3d 663, 668 (2d Cir.2004). Therefore, the only issue before the Court is whether plaintiffs exhausted their administrative remedies via the IGP. 2. Analysis It is undisputed that Pugh filed a grievance on December 26, 1999. (See Defs.’ Mem. at 22; Pugh Decl. Ex. G at D0846.) In that grievance, Pugh described his complaint as concerning “the discrimination of the Shi’ite community in this facility ... when there are differences in religious understanding, and that the Sunni religious coordinator nor their teachers can give grievant adequate religious understanding].” (Pugh Decl. Ex. G at D0846.) Pugh requested that the “administration take appropriate steps to accommodate grievant with the appropriate religious coordinator, and outside visitors pursuant to directive # 4750 as other religious groups, i.e., Sunni, [Nation of Islam], Moorish, etc., and any further relief deem[ed] proper in this circumstance.” (Id.) The evidence in the record also demonstrates that Chatin filed a grievance on December 22, 1999. (See Chatin Decl. Ex. B at D0844.) In that grievance, Chatin described his complaint as follows: “Griev-ant who is a Shi’a [M]uslim is complaining that he is being discriminated against by this facility by depriving him his rights to religious freedom granted by the 1st Amend[ment], This facility] is gone so far as to discriminate against grievant that they deprive the grievant the rights to meet with volunteers of the grievant’s beliefs in accordance with directive # 4750.” (Id.) Chatin requested that “this diserimi-nation stop and the facility stop denying the grievant his right to meet and receive spiritual guidance from a cleric of his belief in accordance with directive # 4750” (Id.) Finally, former plaintiff Ennis also filed a grievance on December 22, 1999. (See Pugh Decl. Ex. G at D0851.) In that grievance, Ennis wrote that he was also a Shi’ite Muslim being deprived of his right to meet with a volunteer who could provide spiritual counseling in accordance with directive # 4750. (Id.) Ennis also wrote that “this grievant ha[s] no place of worshiping and practice my belief. Fishkill provide others with a chapl[a]in and a place to worship and study. The Sunnies [sic] have a place of worshiping also does the Nation of Islam ... our teaching do not go together we need a place to worship and do our studies.” (Id. at D0851, D0845.) Ennis’s grievance was labeled with the number 19483-99. (Id.) Pugh and Chatin were informed by letters of March 6 and March 17, 2000, respectively, that their grievances had been consolidated with Ennis’s grievance, under the number 19483-99. (Id. at PUGH 0031-32; see also Pis.’ 56.1 Opp’n ¶¶ 9-11.) On January 7, 2000, the Superintendent rendered a decision on the consolidated grievance, stating that “[t]he Sh’ia Muslim inmates have been told by Imam Muhammad that until we get clarification from Counsel’s Office in Albany regarding a court case pending, the Sh’ia Muslims are to be afforded the same type service as all Islamic inmates.” (Pugh Decl. Ex. G at D0841 (emphasis added).) That decision listed “E. Ennis” as the grievant, but indicates that the decision was copied to “T. Pugh” and “C. Chatin.” (Id.) Ennis then appealed the decision on January 11, 2000, stating “there is a major difference between Sunnis and Shi’as ... we need clergy of our faith to counsel us!” (Id.) On February 2, 2000, DOCS’ Central Office Review Committee (“CORC”) issued a decision upholding the determination of the Superintendent, noting that “the Sh’ia Muslims are receiving appropriate religious accommodations ...” (Pugh Decl. Ex. G at D0840.) The decision specifically quoted the complaints contained in the consolidated grievance. (Id.) After the decision was issued, Chatin also wrote a letter to CORC on behalf of himself, Pugh, and Ennis requesting an “appeal” of that decision on the grounds that CORC should have conducted an investigation rather than relying on the investigation of defendant Ada Perez, the former Deputy Superintendent for Program Services at Fishkill. (See Chatin Decl. ¶ 39 & Ex. D.) Defendants do not contest that the grievances were consolidated and fully exhausted by appeal to the CORC. Instead, they assert that plaintiffs Pugh and Chatin did not themselves file grievances specifically complaining about separate Jumah services for Shi’ite inmates, or any other grievances encompassed in the lawsuit. (State Defs.’ Mem. at 22-24.) They further argue that “[pjlaintiffs should not be permitted to piggyback on another inmate’s grievance, which, generally related by catch-all theme — -‘worship’—is not specifically related to relief they sought” (State Defs.’ Reply Mem. at 5), and that the decision by CORC on the consolidated grievance “was not responsive to plaintiffs’ grievances” (id.). The Court finds that the undisputed facts demonstrate that the plaintiffs properly and fully exhausted their administrative remedies prior to filing this lawsuit. First, it is clear that the 1999 grievances of Pugh, Chatin, and Ennis were consolidated into one grievance, pursuant to § 701.7(2), which permits the consolidation of “like grievances” at the discretion of certain IGP officials. See 7 N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(2) (2008); see also Labounty v. Johnson, 253 F.Supp.2d 496, 503 (W.D.N.Y.2003). The Court thus rejects State Defendants’ contention that the DOCS response to Ennis’s grievance was merely “forwarded” to Pugh and Chain. (State Defs.’ Reply at 5.) Rather, the Court finds that the decisions of the Superintendent and CORC encompassed all three grievances, and considered them “like” grievances addressing related issues. This is evident based on the notice of consolidation sent to Pugh and Chatin (see Pugh Decl. Ex. G at PUGH 0031-32), the fact that the cases were consolidated under the same grievance number 19483-99 (id.), and the reference in the Superintendent’s decision to the claims of “Sh’ia Muslim inmates.” (Id. at D0841 (emphasis added).) There is also no question that the consolidated grievance was fully exhausted, as the CORC issued a final decision on the grievance. (See Pugh Decl. Ex. F at 0840.) As such, the Court finds that the 1999 grievances of Pugh and Chatin were fully exhausted in accordance with the PLRA. Second, it is clear from the face of the Superintendent’s and CORC’s decisions that the subject matter of the consolidated grievance was the same as the subject matter of this litigation — namely, that Shi’ites are entitled to certain rights given to other Muslims in DOCS custody (separate services and counseling). The Superintendent noted that, pending further instruction from counsel, “the Sh’ia Muslims are to be afforded the same type service as all Islamic inmates.” (Pugh Decl. Ex. G at D0841 (emphasis added).) Likewise, the decision from the CORC noted that “the Sh’ia Muslims are receiving appropriate religious accommodations ...” (Id. at D0840.) Thus, it is clear that the issues raised in the consolidated grievance are the same issues raised by plaintiffs in the instant action, specifically plaintiffs’ request for separate Jumah services, and access to a Shi’ite spiritual counselor. The PLRA requires “proper exhaustion,” or “that a prisoner must complete the administrative review process in accordance with the applicable procedural rules, including deadlines, as a precondition to bringing suit in federal court.” Woodford, 548 U.S. at 88, 126 S.Ct. 2378. Defendants have not pointed to any part of the administrative review process that was not completed by plaintiffs via the consolidated grievance. Moreover, proper exhaustion fulfills the goals of the PLRA because it “gives prisoners an effective incentive to make full use of the prison grievance process and accordingly provides prisons with a fair opportunity to correct their own errors.” Id. at 94, 126 S.Ct. 2378. It is clear from the record that the consolidated grievance complied with IGP procedures, and gave prison officials a “fair opportunity” to consider plaintiffs’ complaints, including the request for a separate Shi’ite chaplain and worship separate from Sunnis, in the manner afforded to other Muslim sects. Id.; see also Johnson v. Testman, 380 F.3d 691, 697 (2d Cir.2004) (“In order to exhaust, therefore, inmates must provide enough information about the conduct of which they complain to allow prison officials to take appropriate responsive measures.”) Those complaints remain the subject of this litigation. Finally, State Defendants also assert that plaintiffs’ claims against the individual defendants must be dismissed because plaintiffs failed to mention any allegedly unlawful conduct by the individual defendants in their grievances. (See State Defs.’ Reply Mem. at 4 & n. 3.) However, the Supreme Court has squarely held that an inmate is not required to name in a grievance each defendant he later wishes to sue in order to fully exhaust his claims. Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 922, 166 L.Ed.2d 798 (2007). Accordingly, defendants’ motions for summary judgment on the grounds that the plaintiffs did not properly exhaust administrative remedies are denied. C. The Establishment Clause State Defendants next assert that summary judgment is appropriate against plaintiffs’ claims that defendants have established Sunni Islam as the official Islamic religion of DOCS because the record is devoid of any evidence to demonstrate such an establishment. (State Defs.’ Mem. at 40-41.) Plaintiffs respond that they have proffered evidence sufficient to demonstrate that DOCS’ religious programs advance, for non-secular purposes, one interpretation of Islam over another. (Pis.’ Opp’n at 71.) For the reasons that follow, defendants’ motion for summary judgment on the Establishment Clause claim is denied. 1. Legal Standard “The Establishment Clause forbids ‘excessive government entanglement with religion.’ ” Rweyemamu v. Cote, 520 F.3d 198, 208 (2d Cir.2008) (quoting Lemon v. Kurtzman, 403 U.S. 602, 613, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971)). The test articulated in Lemon v. Kurtzman has never been overruled and continues to govern the analysis of Establishment Clause claims in the Second Circuit. See Westchester Day Sch. v. Vill. of Mamaroneck, 504 F.3d 338, 355 (2d Cir.2007) (“In determining whether a particular law violates the Establishment Clause ... we examine the government conduct at issue under the three-prong analysis articulated by the Supreme Court in [Lemon ].”); see also Peck v. Baldwinsville Cent. Sch. Dist., 426 F.3d 617, 634 (2d Cir.2005). “Under Lemon, government action that interacts with religion must: (1) have a secular purpose, (2) have a principal effect that neither advances nor inhibits religion, and (3) not bring about an excessive government entanglement with religion.” Westchester Day Sch., 504 F.3d at 355 (citing Lemon, 403 U.S. at 612-13, 91 S.Ct. 2105). Of particular relevance in this case is the principle “at the heart of the Establishment Clause” that “government should not prefer one religion to another, or religion to irreligión.” Bd. of Educ. of Kiryas Joel Vill. Sch. Dist. v. Grumet, 512 U.S. 687, 703, 114 S.Ct. 2481, 129 L.Ed.2d 546 (1994). “Because plaintiff is a prisoner challenging a Department of Corrections directive, the Lemon test is tempered by the test laid out by the Supreme Court in Turner v. Safley [482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) ], which found that a prison regulation that impinges on an inmate’s constitutional rights is nevertheless valid ‘if it is reasonably related to legitimate penological interests.’ ” Sala-huddin v. Perez, No. 99 Civ. 10431(LTS), 2006 WL 266574, at *9 (S.D.N.Y. Feb.2, 2006) (citing Warburton v. Underwood, 2 F.Supp.2d 306, 316 (W.D.N.Y.1998)). The Turner Court articulated four factors that are relevant to the analysis of whether a regulation is reasonably related to legitimate penological interests: “(i) whether there is a valid, rational connection between the prison regulation and the legitimate governmental interest put forward to justify it; (ii) whether there are alternative means of exercising the right in question that remain open to prison inmates; (iii) whether accommodation of the asserted constitutional right will have an unreasonable impact upon guards and other inmates, and upon the allocation of prison resources generally; and (iv) whether there are reasonable alternatives available to the prison authorities.” Iqbal v. Hasty, 490 F.3d 143, 171-72 (2d Cir.2007) (citing Covino v. Patrissi, 967 F.2d 73, 78-79 (2d Cir.1992)); see also Turner, 482 U.S. at 89-91, 107 S.Ct. 2254. The Court in Turner stated in conclusion that “if an inmate claimant can point to an alternative that fully accommodates the prisoner’s rights at de minimis cost to valid penological interests, a court may consider that as evidence that the regulation does not satisfy the reasonable relationship standard.” Turner, 482 U.S. at 91, 107 S.Ct. 2254. 2. Analysis State Defendants contend that there is no evidence in the record demonstrating that DOCS has established Sunni Islam as the official Islamic religion of DOCS, and that the actions of DOCS thus satisfy the Lemon test. (See State Defs.’ Mem. at 40-41.) State Defendants further assert that plaintiffs “can demonstrate no fact or demographic that suggests an unrepresentative distribution of chaplains to inmates.” {See State Defs.’ Reply Mem. at 11.) Plaintiffs respond that they have proffered evidence sufficient to demonstrate that “DOCS Muslim program establishes, endorses, and promotes Sunni Islam.” (Pis.’ Opp’n at 74.) The Court first finds that plaintiffs have offered evidence sufficient to demonstrate a genuine issue of material fact as to whether DOCS’ policies violate the Establishment Clause by advancing Sunni Islam over Shi’a Islam and inhibiting plaintiffs’ religious practice. Specifically, plaintiffs have proffered evidence that the “generic” Jumah prayer service is “in essence a Sunni Muslim program, not a generic program” (Pis.’ 56.1 Opp’n ¶ 13), because it is “led by Sunni Chaplains and prayed in the Sunni manner, and the khutbah’s [sic ] discuss religious topics from a Sunni perspective.” (Pugh Decl. ¶¶ 24, 27; see also Cha-tin Decl. ¶ 25; Pis.’ 56.1 Opp’n ¶ 16.) Plaintiffs further present evidence that “DOCS’ Chaplains claim to promote ‘generic’ Islam, but in reality they have used their positions to advocate a single form of Islam that does not recognize the legitimacy of different sects within the Muslim faith” and “eonsider[s] Shi’ite beliefs heretical.” (Pugh Decl. ¶ 25; see also Chatin Decl. ¶ 26-35.) Plaintiffs point to specific instances in which chaplains providing purportedly “neutral” or “generic” services have “denigrated” Shi’ite beliefs, and called Shi’ites “deviant” and “heretical.” (See Chatin Decl. ¶¶ 28-35; Pugh Decl. ¶¶ 27-37.) Furthermore, while State Defendants contend that DOCS employs a Shi’ite chaplain coordinator to minister to the approximately 200 Shi’ite Muslim inmates (State Defs.’ 56.1 ¶ 23), plaintiffs assert that DOCS’ sole Shi’ite chaplain “does not get to lead Shi’ite religious services in any facilities, but instead spends his time as an administrator in DOCS’ Central Offices” (Pis.’ 56.1 Opp’n ¶ 23). This and other evidence in the record is sufficient to create an issue of fact under Lemon that DOCS’ policies violate plaintiffs’ rights under the Establishment Clause. Given that plaintiffs have proffered evidence in support of their claim that their constitutional rights under the Establishment Clause have been violated, DOCS must demonstrate that the regulations are “reasonably related to legitimate penological interests” for summary judgment to be appropriate. Turner, 482 U.S. at 89, 107 S.Ct. 2254. In an effort to make such a showing, State Defendants have listed the various interests served by having one unified Jumah, as opposed to separate services. First, State Defendants proffer evidence that DOCS has an interest in avoiding the administrative problems that would result from having to “take sides” in religious disputes and “entang[le] itself administratively in deciding exclusively religious issues.” (State Defs.’ Mem. at 30-31; see also LoConte Mem. at 33-34.) Second, State Defendants assert that the current policy of one Jumah enhances prison security, because “fragmenting inmate populations into insular groups invites difficulty.” (State Defs.’ Mem. at 31-32; see also LoConte Mem. at 33.) Third, State Defendants cite financial concerns based on the fact that additional staff would have to be hired to supervise and escort the inmates back and forth from the additional services, and the fact that additional chaplains would have to be hired. (State Defs.’ Mem. at 32-33.) Finally, State Defendants cite space concerns, given that space is “at a premium” during the week, and “is difficult to find, furnish, secure and maintain.” (Id. at 33-34.) The Court finds that disputed issues of fact exist regarding whether the regulations are reasonably related to legitimate penological interests. The Second Circuit held in Orafan, and the record reflects here, that there are “unresolved issues of material fact relevant to ... whether the DOC is able to accommodate plaintiffs’ request for a Shi’ite-led Friday congregate prayer service without jeopardizing legitimate penological objectives.” Orafan, 249 Fed.Appx. at 218. For example, plaintiffs have presented evidence that DOCS regularly makes decisions to provide separate religious services to other groups, including Catholics, Protestants, Native Americans, Rastafarians, and Seventh Day Adventists. (See Pis.’ Opp’n at 47, 61-63.) Plaintiffs further submit evidence that demonstrates that defendants’ concerns about hiring additional chaplains could be offset by permitting Shi’ite inmates to lead Jumah services in the absence of Shi’ite chaplains, as Sunnis are allowed to do. (See Chatin Decl. ¶ 84; Pugh Deck ¶ 90.) Plaintiffs further assert that there are several rooms at Mid-Orange where Shi’ites could hold Jumah services at the same time as Sunnis, that Shi’ites could meet after the Sunni service concludes, or that Shi’ites could use the room not used by Rastafarians on Fridays. (See Chatin Deck ¶¶ 77-80; Pugh Deck ¶¶ 86, 89.) Pugh also asserts that there are empty rooms at Fishkill that could be used. (See Pugh Deck ¶ 86.) He also states that, at Mid-Orange, the area originally designated for the Sunni Jumah could be used for a Shi’ite service, as the Sunnis instead use the gym/chapel space, which is bigger, for their service. (See Pugh Deck ¶ 86.) Finally, plaintiffs state that inmates are not escorted to Jumah services at Fishkill or Mid-Orange, and thus additional escorts would not be needed. (See Chatin Deck ¶ 81; Pugh Deck ¶ 91.) In light of the decision in Orafan, and viewing the evidence in the light most favorable to plaintiffs, the Court finds that there is a material factual dispute as to whether DOCS is able to accommodate plaintiffs so as not to violate their rights under the Establishment Clause “at de minimis cost to valid penological interests.” Turner, 482 U.S. at 91, 107 S.Ct. 2254; see also Ford v. McGinnis, 352 F.3d 582, 584 (2d Cir.2003) (remanding to district court for a determination of whether the denial of a religious meal was reasonably related to a legitimate penological interest under Turner and O’Lone v. Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987)). Accordingly, State Defendants’ motion for summary judgment on the claim that DOCS policy violates the Establishment Clause is denied. D. The Free Exercise Clause Defendants next move for summary judgment against plaintiffs’ claim that defendants have violated their constitutional and statutory rights to free exercise of Shi’a Islam under the First Amendment. (Second Am. Compl. ¶¶ 131-133.) Defendants argue that plaintiffs have failed to demonstrate that DOCS’ policies constitute a substantial burden on their religious beliefs, and that, even if they could make such a showing, the reasonableness of DOCS’ asserted penological interests justifies the burden on plaintiffs’ beliefs. (See State Defs.’ Mem. at 25-40; LoConte Mem. at 17-38.) In response, plaintiffs argue that they have presented triable and disputed issues of fact precluding summary judgment on this claim. (Pis.’ Opp’n at 49-57.) For the reasons set forth below, defendants’ motions for summary judgment on the Free Exercise claims are denied. 1. Legal Standard “Prisoners have long been understood to retain some measure of the constitutional protection afforded by the First Amendment’s Free Exercise Clause.” Ford, 352 F.3d at 588 (citing Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974)). However, because the religious rights of prisoners must be balanced against the interests inherent in prison administration, free exercise claims of prisoners are “judged under a ‘reasonableness’ test less restrictive than that ordinarily applied to alleged infringements of fundamental constitutional rights.” O’Lone, 482 U.S. at 349, 107 S.Ct. 2400; see also Salahuddin v. Goord, 467 F.3d 263, 274 (2d Cir.2006); Ford, 352 F.3d at 588. Under this reasonableness test, “ ‘when a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.’ ” Id. (citing Turner, 482 U.S. at 89, 107 S.Ct. 2254). This test is less restrictive than the test ordinarily applied to non-prisoner free exercise claims because, as the Court recognized, “[l]awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.” O’Lone, 482 U.S. at 348,107 S.Ct. 2400. To succeed on a claim under the Free Exercise Clause, “[t]he prisoner must show at the threshold that the disputed conduct substantially burdens his sincerely held religious beliefs.” Salahuddin, 467 F.3d at 274-75 (citing Ford, 352 F.3d at 591). “The defendants then bear the relatively limited burden of identifying the legitimate penological interests that justify the impinging conduct; the burden remains with the prisoner to show that these articulated concerns were irrational.” Id. at 275 (citing Ford, 352 F.3d at 595) (additional citations and internal quotation marks omitted). 2. Analysis (a) Sincerely-Held Belief Because courts are “singularly ill-equipped to sit in judgment on the verity of an adherent’s religious beliefs ... an individual claiming violation of free exercise rights need only demonstrate that the beliefs professed are sincerely held and in the individual’s own scheme of things, religious.” Ford, 352 F.3d at 588 (citations and internal quotation marks omitted). The Second Circuit has noted that “[sincerity analysis is exceedingly amorphous, requiring the factfinder to delve into the claimant’s most veiled motivations and vigilantly separate the issue of sincerity from the factfinder’s perception of the religious nature of the claimant’s beliefs.” Patrick v. LeFevre, 745 F.2d 153, 157 (2d Cir.1984). State Defendants essentially concede that the first element, a sincerely-held religious belief, does not lend itself to a decision on summary judgment. (See State Defs.’ Mem. at 26-27 (“While the record arguably demonstrates that plaintiffs’ asserted beliefs are not sincerely held ... such a defense, requiring extensive fact-finding, cannot be established on a motion for summary judgment.”).) LoConte however argues that Chatin should be es-topped from asserting his claims that his Shi’ite beliefs are sincerely-held because he previously brought suit challenging disciplinary action taken against him for praying in a Sunni manner in the yard at the Green Haven Correctional Facility. (See LoConte Mem. at 21-23.) Plaintiffs respond that, in that prior suit, Chatin did not seek the right to pray as a Sunni, but as a Muslim, and that the reason he prayed in the Sunni manner was because he was “under taqiyah,” or a form of hiding for protection because he was fearful of identifying himself as a Shi’ite. (Pis.’ Opp’n at 33 (citing Coleman Decl. Ex. 11, at 59, 90 (Transcript of Chatin Deposition)).) The Court finds that while there is no question as to the religious nature of plaintiffs’ beliefs, there are genuine issues of fact as to the sincerity of plaintiffs’ Shi’ite beliefs, including whether Chatin ever espoused Sunni beliefs. Summary judgment is thus not appropriate on this issue. See Patrick, 745 F.2d at 157 (sincerity is an issue for the factfinder). Thus, the Court will assume for the purposes of this claim that the plaintiffs’ beliefs are sincerely held. (b) Substantial Burden The court in Ford summarized the substantial burden test as follows: Applying the substantial burden test requires courts to distinguish important from unimportant religious beliefs, a task for which we have already explained courts are particularly ill-suited. Always present is the danger that courts will make conclusory judgments about the unimportance of the religious practice to the adherent rather than confront the often more difficult inquiries into the sincerity, religiosity and the sufficiency of the penological interest asserted to justify the burden. The substantial burden test, however, presupposes that there will be cases in which it comfortably could be said that a belief or practice is so peripheral to the plaintiffs religion that any burden can be aptly characterized as constitutionally de min-imis. 352 F.3d at 593. The Ford court went on to note that, while an inquiry as to “[w]hether a practice is religiously mandated is surely relevant to resolving whether a particular burden is substantial, ... [n]either the Supreme Court nor we, however, have ever held that a burdened practice must be mandated in order to sustain a prisoner’s free exercise claim.” Id. (citation omitted). The relevant question here is thus whether separate Friday Jumah services for Shi’ites “is considered central or important to [plaintiffs’] practice of Islam.” Id at 593-94. Defendants assert that they are entitled to summary judgment on this claim for several reasons. First, defendants claim that the denial of a separate Shi’ite Jumah sendee does not unconstitutionally burden plaintiffs’ religious beliefs. (State Defs.’ Mem. at 27-28; LoConte Mem. at 27-31.) State Defendants argue that plaintiffs are permitted to attend a congregate, generic Jumah service along with Sunni inmates, and that some Shi’ite prisoners do in fact attend the generic Jumah services. (State Defs.’ Mem. at 27.) State Defendants also assert that plaintiffs and their experts “concede that [Shi’ite] inmates, even if they do not attend a congregate Jumah service, can satisfy any obligatory Friday prayer requirements by praying, individually, the ‘Zohr’ prayer.” (Id at 27; Lo-Conte Mem. at 27-29.) In support of this argument, State Defendants cite O’Lone, in which (according to the State Defendants), the Court found that “the New Jersey correctional system did not unconstitutionally burden Muslim inmates’ religious exercise in a case in which certain inmates could not attend Jumah services at all.” (State Defs.’ Mem. at 27.) Second, LoConte argues that plaintiffs “cannot demonstrate that they can doctrinally have the ‘religious exercise’ they seek to have the defendants create for them” because seven participants are necessary for Jumah, and plaintiffs have not shown that seven Shi’ite Muslims of the same sect would participate. (LoConte Mem. at 26.) Finally, LoConte asserts that plaintiffs are not entitled to a spiritual advisor whose beliefs are completely “congruent” with plaintiffs’ beliefs, and that the case of Muhammad v. City of New York Department of Corrections, 904 F.Supp. 161, 189 (S.D.N.Y.1995), stands for the proposition that the failure to employ a minister of a particular sect was not a substantial burden where the prisoner had access to a generic service, and the opportunity to meet with a spiritual advisor. (See LoConte Mem. at 30.) The record reveals that there are disputed issues of fact with regard to whether plaintiffs’ religious beliefs are substantially burdened by (1) attendance at a Sunni-led, Sunni-dominated Friday Jumah service; and/or (2) use of the Zohr prayer as a substitute for attending Jumah services. Plaintiffs present evidence that, as practicing Shi’ites, they are required to participate in a Friday Jumah prayer service led by a Shi’ite. (See Pis.’ 56.1 ¶¶ 6, 9, 12-14; Pugh Decl. ¶¶ 11, 16, 18-21, 23-24; Chatin Decl. ¶¶2-5, 8-11, 18-19.) They also submit that their beliefs require a Shi’ite Jumah service separate from a service that includes Sunnis, and that a Sunni-led service does not have religious value to them. (Pis.’ 56.1 ¶¶ 2-5, 9, 15). Plaintiffs also put forth evidence that the Zohr prayer is not a feasible permanent substitute for attending Shi’ite-led Jumah services on a long-term basis. (See id. ¶ 111; Pugh Decl. ¶ 14; Chatin Decl. ¶ 6-8.) These assertions are sufficient to demonstrate disputed issues of fact regarding whether the denial of separate services constitutes a substantial burden on plaintiffs’ religious exercise. Again, in Orafan, the Second Circuit held that summary judgment was inappropriate where the record reflected “unresolved issues of material fact relevant to the question[s] of ... the burden that the denial of a Friday congregate prayer service placed on plaintiffs’ religious exercise .... ” 249 Fed.Appx. at 218. Furthermore, State Defendants’ reliance on O’Lone for the principle that denying Muslim inmates a Jumah service does not substantially burden the rights of Muslim inmates is misplaced. Indeed, the Supreme Court in O’Lone found that “Jum’ah is commanded by the Koran and must be held every Friday after the sun reaches its zenith and before the Asr, or afternoon prayer,” and “[t]here is no question that respondents’ sincerely held religious beliefs compelled attendance at Jum’ah.” O’Lone, 482 U.S. at 345, 107 S.Ct. 2400. The Court in O’Lone did not resolve the issue of whether the denial of O’Lone’s request to attend Jumah services substantially burdened O’Lones religious beliefs; rather, the Court held that the legitimate penological interests articulated by the defendants in that case were sufficient to deny plaintiffs relief under the Free Exercise Clause. Id. at 350-353, 107 S.Ct. 2400 (“While we in no way minimize the central importance of Jum’ah to respondents, we are unwilling to hold that prison officials are required by the Constitution to sacrifice legitimate penological objectives to that end.”). As such, O’Lone does not stand for the principle that the denial of separate Shi’ite services does not substantially burden plaintiffs’ beliefs, as State Defendants suggest. LoConte’s arguments also fail. LoConte contends that plaintiffs’ expert testified that members of the various subsects within Shi’a Islam cannot pray together. {See LoConte Mem. at 24-25.) Thus, he argues, plaintiffs cannot establish the quorum of seven Shi’ite inmates of the same sect necessary for a valid Jumah, even if they were granted separate services. {See id. at 25-26.) .However, this fact is contradicted by the plaintiffs’ assertion that they could pray validly behind a Shi’ite of any sect. {See Pis.’ Opp’n at 38-39 (citing Pugh Decl. ¶ 84-85; Chatin Decl. ¶74-75).) Again, summary judgment is inappropriate given the existence of these disputed facts. Additionally, LoConte’s reliance on Muhammad v. City of New York, Department of Corrections, 904 F.Supp. 161, 189 (S.D.N.Y.1995), for the proposition that the failure to employ a minister of a particular belief was not a substantial burden (where the prisoner had access to a generic service and the opportunity to meet with a spiritual advisor), is misplaced. In that case, the court found after a bench trial that the failure to employ a Nation of Islam minister and the failure to provide separate worship services to Nation of Islam followers, did not substantially burden the plaintiffs rights under the now-defunct Religious Freedom Restoration Act (“RFRA”). Id. at 189-91; {see also Pis.’ Opp’n at 39-40 & n. 40.) Here, a trial is necessary so that, as in Muhammad, the Court can make appropriate findings of fact. (c) Reasonably Related to Legitimate Penological Interests Even if it were determined that DOCS’ current policy substantially burdens Shi’ite inmates’ rights by denying them a separate Jumah service, the policy nevertheless would be constitutionally permissible if it was reasonably related to legitimate peno-logical interests. See Turner, 482 U.S. at 89, 107 S.Ct. 2254; Ford, 352 F.3d at 594. As such, defendants argue that summary judgment should be granted because several legitimate penological interests — listed above in Section II.C.2. — justify the DOCS policy denying separate Jumah services to Shi’ite inmates. {See State Defs.’ Mem. at 30-31; LoConte Mem. at 33-34.) Again, the record before the Court reveals that there are disputed issues of fact relevant to defendants’ claims that legitimate penological interests justify DOCS policy, which preclude a finding of summary judgment on the Free Exercise claim. First, with regard to the purported administrative concerns inherent in DOCS having to make religious determinations (see State Defs.’ Mem. at 30-31; LoConte Mem. at 33), plaintiffs have identified valid factual issues with respect to whether the “provision of [separate] religious services to Shi’ite Muslims — one of two major sects of Islam — is ‘excessive entanglement’ when DOCS provides [separate] services to Native Americans, Nation of Islam, Rastafari-ans, Moorish Science Temple, and Seventh Day Adventists, among others.” (Pis.’ Opp’n at 47, 61-63 (citing to the record to show that DOCS provides services for adherents of the Nation of Islam and the Moorish Science Temple, “two comparatively new American Muslim sects,” as well as separate services for Catholics and Protestants); see also Section II.C.2.) Second, while defendants claim that separate services constitute a security risk, plaintiffs offer sufficient evidence to demonstrate that separate services would not engender such a risk, and that combined services might in fact raise greater security concerns. (Pis.’ Opp’n at 43-44 (citing Pugh Decl. ¶ 91; Chatin Decl. ¶¶ 81-82; and Coleman Deck Ex. 17 at 68, Ex. 25 at 123,128, and Ex. 86 at 104).) Third, plaintiffs point out that if Shi’ite inmates were permitted to lead inmate-facilitated services just as Sunnis are, the financial concerns relevant to hiring new chaplains would not be implicated. (Pis.’ Opp’n at 43; Chatin Deck ¶ 84; Pugh Deck ¶ 90.) Finally, while Defendants assert that “space concerns” prohibit separate Shi’ite Jumah services, plaintiffs have demonstrated that there is a factual dispute as to whether sufficient space is available in DOCS facilities for separate services. (Pis.’ Opp’n at 44 (citing, inter alia, Pugh Deck ¶ 86 and Chatin Deck ¶¶ 77-78).); see also Salahuddin v. Coughlin, 993 F.2d 306, 309 (2d Cir.1993) (holding that “con-elusory assertion[s]” that congregate services could not be accommodated preclude summary judgment, particularly where it was suggested that congregate religious services could be held in a prison yard without the need for extra supervision). In light of the foregoing, defendants’ motions for summary judgment on the Free Exercise Claim are denied because genuine issues of material fact remain as to “whether the DOC is able to accommodate plaintiffs’ request for a [Shi’ite]-led Friday congregate prayer service without jeopardizing legitimate penological objectives.” Orafan, 249 Fed.Appx. at 218. E. Equal Protection State Defendants also move for summary judgment on plaintiffs’ equal protection claim. State Defendants argue that summ