SABIR ABDUL-HAQQ YASIR, APPELLANT,
v.
HARRY K. SINGLETARY, MICHAEL FRIEDMAN AND MICHAEL COTTON, APPELLEES
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A prisoner appealed the loss of sixty days gain time imposed when he used his new religious name on official documents before the Department of Corrections administratively processed the name change. The court affirmed that prison officials may impose reasonable limitations on the institutional use of legally changed names, including requiring administrative processing before use.
Prison officials have the right to impose reasonable limitations on institutional uses of changed names, whether religiously motivated or not. Requiring that a changed name be administratively processed before allowing its use is reasonable and does not violate constitutional or statutory protections.
[1] Prison officials may impose reasonable limitations on the institutional use of changed names by inmates.
[2] A requirement that a name change be administratively processed before an inmate is permitted to use the new name for official purposes is a reasonable limitation.
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Join FLexlaw to unlock all legal intelligence“We agree with the lower court that prison officials have the right to impose reasonable limitations on institutional uses of changed names, whether the change was religiously motivated or not.”
Establishes the core holding that prisons may restrict use of newly changed names, even when religiously motivated.
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Join FLexlaw to unlock all legal intelligenceSabir Abdul-Haqq Yasir, a prisoner formerly known as Randy Ferguson, legally changed his name for religious reasons. He used his new religious name in…
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GRIFFIN, J.
Sabir Abdul-Haqq Yasir [“Yasir”] a/k/a Randy Ferguson appeals a “final summary judgment” entered in favor of the defendants, various prison officials, below.. In his complaint, Yasir challenged the loss of sixty days gain time for using his new religious name1 in conjunction with his committed name (Randy Ferguson) on official documents. Yasir alleged that the refusal to permit him to use his new religious name violated his right to religious freedom under Article I, Section 3, of the Florida Constitution, and his rights under Florida’s Religious Freedom Restoration Act, § 761.01, et seq.
The record shows that DOC has recognized Sabir Abdul-Haqq Yasir as his committed name, and the DOC does not contend on appeal that Yasir is not entitled to use his new religious name.2 The DOC’s position appears to be that it was entitled to insist that Yasir use his original committed name until the Department recognized the name change by changing his committed name to Yasir. Yasir seems to be arguing that the DOC was required to recognize his new legal name as his committed name (or to allow him to use his new legal name in conjunction with his committed name) as soon as he gave his probationary officer a certified copy of the court order changing his name (which he alleges was on July 31,1998).
We agree with the lower court that prison officials have the right to impose reasonable limitations on institutional uses of changed names, whether the change was religiously motivated or not. See Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); O’Lone v. Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987); Spies v. Voinovich, 173 F. 3d 398 (6th Cir.1999); Azeez v. Fairman, 795 F. 2d 1296 (7th Cir.1986); Warner v. City of Boca Raton, 64 F. Supp. 2d 1272 (S.D.Fla.1999); compare Matthews v. Morales, 23 F. 3d 118 (5th Cir.1994); Whitmore v. State, 752 So. 2d 365 (La.App. 1 Cir., 2000). To require the changed name to be administratively processed prior to the prisoner being allowed to travel under the new name is reasonable. Yasir has not alleged that there is no reasonable mechanism to administra tively implement a name change or that the procedures which are in place bear no rational relationship to a legitimate penological interest.
AFFIRMED.
THOMPSON, C.J., and ORFINGER, M., Senior Judge, concur. . We accept Yasir’s representation that he has legally changed his name. The record does not demonstrate it.
. Accordingly, we do not decide the issue.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Turner v. Safley, 482 U.S. 78 (U.S. 1987)
- O'Lone v. Est. OF Shabazz, 482 U.S. 342 (U.S. 1987)
- Qaid Rafeeq Azeez and Abdullah Muhammad v. Fairman, 795 F.2d 1296 (7th Cir. 1986)
- Warner v. City of Boca Raton, 64 F. Supp. 2d 1272 (S.D. Fla. 1999)