Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 88 (2026)

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Section 88. An inmate of any prison or other place of confinement shall not be denied the free exercise of his religious belief and the liberty of worshipping God according to the dictates of his conscience in the place where he is confined; and he shall not be required to attend any service or religious instruction other than that of his own religious belief, if religious services and instructions of his own belief are regularly held at the institution; and he may, in illness, upon request to the superintendent, keeper, receive the visits of any clergyman whom he may wish. The officers having the management and direction of such institutions shall make necessary regulations to carry out the intent of this section. This section shall not be so construed as to impair the discipline of any such institution so far as may be needful for the good government and the safe custody of its inmates, nor prevent the assembling of all the inmates, who do not attend a regularly held religious service of their own belief, in the chapel thereof for such general religious instruction, including the reading of the Bible, as the officer having charge of the institution considers expedient.

Notes of Decisions

Cited in 14 cases, 1983–2015 · leading case: Shaheed-Muhammad v. Dipaolo, 393 F. Supp. 2d 80 (D. Mass. 2005).

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Shaheed-Muhammad v. Dipaolo, 393 F. Supp. 2d 80 (D. Mass. 2005). · cites it 7× “§ 1983 against all defendants (Count I); violations of Article 46, § 1 of the Massachusetts Constitution against all defendants (Count II); violations of M.G.L. c. 127, § 88 against all defendants (Count III); and violations of M.”

Rasheed v. Comm'r of Corr., 845 N.E.2d 296 (Mass. 2006). · cites it 3× “10(9), promulgated in 2001, violate G. L. c. 127, § 88, which provides in relevant part that an inmate “shall not be denied the free exercise of his religious *476 belief and the liberty of worshipping God according to the dictates of his conscience in the place where he is…”

Cryer v. Spencer, 934 F. Supp. 2d 323 (D. Mass. 2013). · cites it 5× “Mass. Gen. Laws ch. 127, § 88 . 14 As- an initial matter, Cryer’s state law claim for monetary damages against defendant Spencer in his personal capacity will be DISMISSED for the reasons set forth in connection with the § 1983 claims *340 (ie.”

Jackson v. Hogan, 446 N.E.2d 692 (Mass. 1983). · cites it 2× “See also G. L. c. 127, § 88. However, “when an institutional restriction infringes a specific constitutional guarantee, such as the First Amendment, the practice must be evaluated in the light of the central objective of prison administration, safeguarding institutional security.”

Ahmad v. Dep't of Corr., 845 N.E.2d 289 (Mass. 2006). “” This provision of the Massachusetts Constitution is incorporated into and expanded on in G. L. c. 127, § 88, which, in relevant part, provides that an inmate “shall not be denied the free exercise of his religious belief and the liberty of worshipping God according to the…”

Hudson v. Dennehy, 538 F. Supp. 2d 400 (D. Mass. 2008). “12, § 11 , and the Inmate Right of Worship Statute, Mass. Gen. Laws ch. 127, § 88 , and related regulations.”

Abdul-Alázim v. Superintendent, Massachusetts Corr. Inst., Cedar Junction, 778 N.E.2d 946 (Mass. App. Ct. 2002). “On this point, see G. L. c. 127, § 88 (as amended by St. 1955, c.”

Hudson v. Spencer, 180 F. Supp. 3d 70 (D. Mass. 2015). · cites it 3× “127, § 88 In the amended complaint, plaintiffs assert claims under M.G.L. c. 127, § 88, which protects inmates’ rights to the free exercise of religion.”

Cryer v. Massachusetts Dep't of Corr., 763 F. Supp. 2d 237 (D. Mass. 2011). “127, § 88 provides that “[a]n inmate of any prison or other place of confinement shall not be denied the free exercise of his religious belief and the liberty of worshipping God according to the dictates of his conscience in the place where he is confined.”

Hudson v. Dennehy, 568 F. Supp. 2d 125 (D. Mass. 2008). “1 of the Declaration of Rights; and (6) violations of the Inmate Right of Worship Statute under Mass. Gen. Laws ch. 127, § 88 , and its attendant regulations.”

Tolbert v. Dubois, 5 Mass. L. Rptr. 328 (Mass. Super. Ct. 1996). · cites it 3× “Both G.L.c. 127, §88 and 103 CMR 471 .07 balance this right against the need for prison security.”

Blake v. Howland, 26 Mass. L. Rptr. 335 (Mass. Super. Ct. 2009). · cites it 4× “12, §§11(H), 11(1); and G.L.c. 127, §88. 3 The complaints also seek certification of a class action.”

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