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RASHEED v. COMMISSIONER OF CORRECTION

446 Mass. 463 (2006)

RASHAD RASHEED v. COMMISSIONER OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 2006.

Attorney(s) appearing for the Case

Neil McGaraghan (Jennifer L. Stewart & Carol E. Head with him) for the plaintiff.

Richard C. McFarland for Commissioner of Correction.

Derek L. Gaubatz, of the District of Columbia, Lisa Pirozzolo, & Steven P. Lehotsky, for Becket Fund for Religious Liberty & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

CORDY, J.

Rashad Rasheed, a practicing member of the Nation of Islam, a subsect of the Muslim faith that follows the teachings of Elijah Muhammad, has been an inmate in the custody of the Department of Correction (department) since 1975. In December, 2000, he commenced this action against the Commissioner of Correction, and the superintendent of the Souza-Baranowski Correctional Center (SBCC) (a maximum security prison where Rasheed was incarcerated from 1988 to 2003...

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