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Defendants-appellants D.K. Williams and Herman Quay appeal from an order denying their motion to dismiss in part and rejecting their qualified immunity defense against the Religious Freedom Restoration Act (“RFRA”) claims of plaintiffs-appellees Rafiq Sabir and James Conyers. The plaintiffs-appellees are practicing Muslims whose religion requires them to perform daily congregational prayers with as many other Muslims as are available. According to the allegations in their complaint, while Sabir and Conyers were incarcerated at the Federal Correctional Institution in Danbury, Connecticut, the defendants-appellants enforced a policy that restricted group prayer to the prison’s chapel, despite that facility’s frequent unavailability. As a result, Sabir and Conyers were forced to forgo their religious exercise of group prayer to avoid disciplinary action. We conclude that the wardens are not entitled to qualified immunity at this stage of the proceedings because the pleadings do not establish that their enforcement of the policy against Sabir and Conyers was in service of a compelling interest, and it was clearly established at the time of the violation that substantially burdening an inmate’s religious exercise without justification violates RFRA. We therefore AFFIRM the order of the district court. ROBERT SACK, C.J. The plaintiffs, Rafiq Sabir and James Conyers, are practicing Muslims who believe that they are required under the precepts of their religion to perform five daily congregational prayers with as many other Muslims as are available and wish to participate. Sabir and Conyers allege that while they were incarcerated at the Federal Correctional Institution in Danbury, Connecticut (“FCI Danbury”), Warden D.K. Williams and Warden Herman Quay enforced a policy that restricted prayer in groups of more than two to the prison’s chapel, despite that facility’s frequently unavailability. As a result, the plaintiffs were forced to forgo their engagement in a required religious practice to avoid disciplinary action. The plaintiffs filed this suit against defendant prison officials in the United States District Court for the District of Connecticut, seeking injunctive relief and damages on the grounds that FCI Danbury’s communal prayer policy violated the Religious Freedom Restoration Act (“RFRA”) and the Free Exercise Clause of the First Amendment to the United States Constitution. In August 2019, the district court (Bolden, J.) granted the defendants’ motion to dismiss the plaintiffs’ Second Amended Complaint in large part, but declined to dismiss the plaintiffs’ RFRA claims for damages against the defendants in their individual capacities, holding that qualified immunity was not available to Williams and Quay at the motion-to-dismiss stage. We agree with the district court that the defendants-appellants are not entitled to qualified immunity at this stage of the proceedings because the allegations in the complaint and the documents attached to it as exhibits do not establish that their enforcement of the policy against Sabir and Conyers was inservice of a compelling interest, and it was clearly established at the time of the violation that substantially burdening an inmate’s religious exercise without justification violates RFRA. BACKGROUND Factual Background For the purposes of this appeal from the district court’s denial of a motion to dismiss, we are required “to accept as true those factual assertions set forth in plaintiff[s'] complaint.” Charles W. v. Maul, 214 F.3d 350, 356 (2d Cir. 2000). In reviewing a motion to dismiss, we “may consider [not only] the facts alleged in the complaint, [but also] documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.” DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010). According to the complaint as thus augmented: Plaintiffs Rafiq Sabir and James Conyers were inmates at FCI Danbury, a low-security federal prison, beginning in July 2014 and September 2016, respectively. Defendant Herman Quay was the Warden of FCI Danbury from July 2014 to December 2015; Defendant D.K. Williams was the Warden of FCI Danbury at the time of the plaintiffs’ Second Amended Complaint, dated June 1, 2018 (the “SAC”), which was the operative pleading at the time of the defendants’ motion to dismiss. Individuals incarcerated at FCI Danbury have a relatively high degree of autonomy: Many living quarters remain unlocked, and inmates regularly gather, with prison approval, in large groups for activities ranging from inmate-led fitness classes to sports and card games. FCI Danbury has several recreational facilities, including “a recreation yard, weight room, gymnasium, bathroom, wellness room, hobbycraft [sic] room, music room, video viewing area with game tables, the chapel facility, and several offices.” SAC at 8, 29. The inmates also have access to “the medical area, food services, education and housing facilities, laundry, the barber shop, and the prison work program area.” Id. Sabir and Conyers are practicing Muslims. A central aspect of their religious exercise is a prayer known as a “salah,” which, according to the religion’s tenets, adult Muslims are required to perform five times each day. The plaintiffs possess the “sincerely-held religious belief that if two or more Muslims are together at a time of required prayer, they must pray together behind one prayer leader” and cannot “break up into smaller groups.” Id. at 6, 23. They explain that performing group prayer with the largest possible number of other Muslims “multiplies the blessings and utility of prayer.” Id. at 5-6, 19. The Federal Bureau of Prisons (“FBOP”) does not have a formal policy categorically banning congregational prayer within its facilities. Each facility’s warden is, however, authorized to temporarily restrict a specific religious practice if he or she determines that the “practice jeopardizes the facility’s safety and security.” Id. at 6-7, 24. At many FBOP facilities — including those in which both Sabir and Conyers were previously housed — prison officials allowed congregational prayer without significant restrictions. In March 2014, FCI Danbury’s then-warden, Maureen Baird, nonetheless instituted a policy restricting prayer in groups of more than two people to the prison’s chapel. The policy statement provided: Congregate Prayer, outside of the Chapel, for all faith groups will follow the following guidelines: a) Must get the approval of the location to pray from work supervisor, program supervisor, etc. b) Prayer individually or in pairs is permitted, however, group prayer of 3 or more is restricted to the Chapel. c) Prayers can be made at work detail sites, school, or units during break times. d) Prayer rug or clean towel is permitted to cover the floor. e) In case of institutional emergency or instructed by staff prayers will be terminated. Id. at 8-9, 30 (alterations omitted). Although FCI Danbury permitted congregational prayer in the chapel, groups seeking to use the space could only do so when chapel staff was present and the rooms were not otherwise occupied or reserved. The facility was “frequently unavailable” during the plaintiffs’ prayer times. Id. at 9, 32. In October 2014, Sabir was praying with two other inmates in the auditorium when corrections officers approached to inform them that group prayer was only permitted in the chapel and that violating the rule could result in discipline. Sabir and the others explained to the officers that their religion required them to perform congregational prayer five times per day and that the chapel was frequently unavailable during those times. The officers responded by reiterating the terms of the prison’s group prayer policy. As a result of this incident, Sabir was “fearful” that he would be sanctioned or disciplined for engaging in group prayer. Id. at 11, 41. Prison officials also repeatedly informed Conyers that congregational prayer outside of the chapel was not allowed. He therefore felt compelled to refrain from engaging in group prayer to avoid disciplinary action. The plaintiffs allege that the wardens’ “enforcement of the Policy prevent[ed] [them] from…engaging in daily congregational prayer as mandated by [their] sincerely-held religious beliefs.” Id. at 11,

 
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