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SHABAZZ v. COUGHLIN

No. 1273, Docket 88-2161.

852 F.2d 697 (1988)

Hassan SHABAZZ, Appellee, v. Thomas A. COUGHLIN, III, Commissioner, and Harold J. Smith, Superintendent, Appellants.

United States Court of Appeals, Second Circuit.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Martin A. Hotvet, Asst. Atty. Gen. (Robert Abrams, Atty. Gen., State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel), for appellants.

Stephen G. Schwarz, Faraci, Guadagnino, Lange & Johns, Rochester, N.Y., for appellee.

Before OAKES, MESKILL and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

Hassan Shabazz brought a section 1983 action against prison officials alleging that he was unconstitutionally disciplined for violating regulations prohibiting group prayer and prayer in a prison yard. The officials filed a summary judgment motion claiming that they were entitled to qualified immunity. Judge Michael A. Telesca of the United States District Court for the Western District of New York denied the motion. Because we find that the...

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