MALIK v. BROWN

No. 94-35529.

71 F.3d 724 (1995)

Dawud Halisi MALIK, a/k/a David W. Riggins, Plaintiff-Appellee, v. Neal BROWN, Defendant, and Carol L. Moses, Assoc. Supt.; Kathy Kaatz, C.U.S.; Sue Kinsinger, C.P.M.; Mark Crewson, C.U.S.; Virginia Carter, Sgt.; Joan Smith, Mail Rm. Personnel; John Tice, Sgt.; Dick Frank, Sgt.; Nancy Hill, Corr. Officer; Monica Sukert, Corr. Officer; Richard Rooney, Corr. Officer; John Fritzpatrick, Sgt.; Marie Norman, Corr. Officer; S. Giesenoff, c/o CBCC; Schouviller, Lt., Hearing Officer; Chase Riveland, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 28, 1995.


Attorney(s) appearing for the Case

Martin E. Wyckoff, Assistant Attorney General, Olympia, Washington, for defendants-appellants.

Megan McLemore, Preston, Gates & Ellis, Seattle, Washington, for plaintiff-appellee.

Before: EUGENE A. WRIGHT and BRUNETTI, Circuit Judges, and GONZALEZ, District Judge.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this qualified immunity case we decide whether a prisoner's First Amendment right to use his religious name in conjunction with his committed name on outgoing mail was clearly established in 1990. We also determine whether a prison notary public violated a clearly established law when she refused to attest to a document on which the inmate's signature did not match his identification.

I.

Dawud...

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