Rasheed v. Commissioner of Correction

845 N.E.2d 296, 446 Mass. 463, 2006 Mass. LEXIS 115
CourtMassachusetts Supreme Judicial Court
DecidedApril 7, 2006
StatusPublished
Cited by31 cases

This text of 845 N.E.2d 296 (Rasheed v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rasheed v. Commissioner of Correction, 845 N.E.2d 296, 446 Mass. 463, 2006 Mass. LEXIS 115 (Mass. 2006).

Opinion

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) seeking declaratory and injunctive relief, and money damages for violations of the Fourteenth Amendment to the United States Constitution; 42 U.S.C. § 1983 (2000); various articles of the Massachusetts Declaration of Rights; art. 46 of the Amendments to the Massachusetts Constitution; the Massachusetts Civil Rights Act, G. L. c. 12, § 11H and 111; and G. L. c. 127, §§32 and 88. Central to each of his claims is the allegation that Rasheed was unlawfully prevented from practicing his Islamic faith by reason of prison policies and regulations regarding meals and the possession of personal and religious items.

In December, 2004, the defendants moved for summary judgment and so did Rasheed. A judge in the Superior Court allowed the defendants’ motion, denied Rasheed’s cross motion, [465]*465and dismissed his complaint in its entirety. In concluding that Rasheed’s claims failed as a matter of law, the judge first reviewed the effects of the policies and regulations on Rasheed’s right to freely exercise his religion. With respect to all but one of the deprivations complained of, the judge concluded that the effect on Rasheed’s right was not sufficiently burdensome to warrant further judicial inquiry or relief. With respect to the department’s limitation on the food available to him for consumption at two annual religious feasts, however, the judge assumed the burden to be substantial, and proceeded to analyze it under the standard set forth by the United States Supreme Court in Turner v. Safley, 482 U.S. 78, 89-91 (1987). See O’Lone v. Estate of Shabazz, 482 U.S. 342, 348, 349 (1987) (applying Turner standard in analysis of inmate’s free exercise claim). Under this standard, a prison regulation that burdens an inmate’s constitutional right is valid so long as it is “reasonably related to legitimate penological interests.” Turner v. Safley, supra at 89. Finding that the limitation was based on valid penological reasons (the prevention of smuggling contraband and inmate jealousies), the judge upheld it, concluding that the limitation struck “an appropriate balance between the needs of individual inmates and the institution as a whole.”

We agree with most of the judge’s assessment of the case, but conclude that the Massachusetts Constitution is more protective of the religious freedoms of prisoners than the United States Constitution, and that the proper standard of review to be applied to the infringement of such freedoms is consequently more demanding. In determining the constitutionality of department regulations and policies that burden the free exercise of religion by those in its custody, we will look to whether those regulations and policies advance compelling State interests, and, if so, are “tailored narrowly in pursuit of those interests.” Attorney Gen. v. Desilets, 418 Mass. 316, 321 n.4 (1994). Applying this standard leads us to a different conclusion with respect to the religious meals of which Rasheed claims he was denied. Summary judgment on claims that sought declaratory and injunctive relief on that basis is reversed. In all other respects, including the money damages claimed against the individual defendants, summary judgment is affirmed.

[466]*466A. The Constitutional Standard.

The Massachusetts Constitution broadly protects the rights of individuals to exercise their religious beliefs freely. Article 2 of the Massachusetts Declaration of Rights ensures that no person “shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession or sentiments.” Article 46, § 1, of the Amendments to the Massachusetts Constitution (in language similar to that contained in the First Amendment to the United States Constitution) further provides that “[n]o law shall be passed prohibiting the free exercise of religion.” And, of most importance to the question presented in this case, art. 46, § 4, affirms that inmates of publicly controlled penal institutions are not to be deprived of the “opportunity of religious exercises therein of [their] own faith.”2 Taken together, these provisions of our Constitution are intended to guarantee “the free exercise of religion by every citizen, especially protecting the religious liberty of the inmates of penal and charitable institutions.” R.L. Bridgman, Massachusetts Constitutional Convention of 1917, at 34 (1923) (statement of the committee on the Declaration of Rights in support of the adoption of art. 46). See Society of Jesus of New England v. Boston Landmarks Comm’n, 409 Mass. 38, 41 (1990), quoting Opinion of the Justices, 214 Mass. 599, 601 (1913) (Massachusetts Constitution “in emphatic and unmistakable terms . . . guarantees to all our people absolute freedom as to religious belief and liberty unrestrained as to religious practices”).

[467]*467We have previously held that the scope of protection afforded the right to freely exercise one’s religion under the Massachusetts Constitution is greater than that afforded by the United States Constitution. Attorney Gen. v. Desilets, supra at 321. While we have adopted the Turner standard of scrutiny for the review of regulations that infringe on other First Amendment rights in the prison context, see Massachusetts Prisoners Ass’n Political Action Comm. v. Acting Governor, 435 Mass. 811 (2002) (free speech and association), we have yet to rule on whether that standard applies to the infringement of the exercise of religious beliefs. In our view, it does not. We will not ignore the explicit attention our Constitution gives to the application and extension of the right of religious exercise to inmates, an attention given no other right or liberty. The standard to be applied is the standard articulated in Attorney Gen. v. Desilets, supra.

In applying this standard to the department’s policies and regulations at issue here, the Desilets case directs that we first determine whether Rasheed has shown that those policies or regulations substantially burden the free exercise of his sincerely held religious beliefs, and, if so, whether the department has shown that (1) it has an interest sufficiently compelling to justify that burden, and (2) the granting of an exemption to persons in Rasheed’s position would unduly burden that interest. Attorney Gen. v. Desilets, supra at 322-325.3

B. The Facts.

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Bluebook (online)
845 N.E.2d 296, 446 Mass. 463, 2006 Mass. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasheed-v-commissioner-of-correction-mass-2006.