From Casetext: Smarter Legal Research

Akbar v. Canney

United States Court of Appeals, Sixth Circuit
Nov 5, 1980
634 F.2d 339 (6th Cir. 1980)

Summary

holding that the refusal of prison officials to change their records to incorporate prisoner's new name did not constitute an infringement of a constitutionally cognizable First Amendment right

Summary of this case from Gilbert v. Fox

Opinion

No. 79-3323.

Submitted July 17, 1980.

Decided November 5, 1980.

Imam Ali Abdullah Akbar, pro se.

William J. Brown, Atty. Gen. of Ohio, Marc S. Kadetz, Columbus, Ohio, for defendants-appellees.

Appeal from the United States District Court for the Southern District of Ohio.

Before KENNEDY and MARTIN, Circuit Judges; PECK, Senior Circuit Judge.


The appellant is a prisoner in the Southern Ohio Correctional Facility at Lucasville. During his imprisonment he has adopted the Sunni Muslim religious faith and has changed his name from Ronald Scheels to Ali Abdullah Akbar. The prison authorities refused to change their records to reflect his new name and he sought relief in the District Court. His pro se civil rights complaint was dismissed on the theory that there was no legal basis to require the prison officials to change their records when a prisoner chose to change his name.

The complaint also alleged that the prison officials had refused to change the records of other Sunni Muslim inmates, thereby creating grounds for a class action. Damages, declaratory and other injunctive relief were also sought. The District Court, after granting permission to proceed in forma pauperis, determined that the only basis for the claim was the First Amendment in conjunction with 42 U.S.C. § 1983. The essence of appellant's assertions is his claim of the denial of freedom of religion growing out of the refusal of prison officials to change their records to incorporate his new name. While we accept the requirement that such assertions must be liberally construed as mandated by Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the complaint fails to indicate an "infringement of a constitutionally cognizable First Amendment right." Sequoyah v. T.V.A., 620 F.2d 1159 (6th Cir. 1980).

The question of a prisoner's right to change his name does not appear to be the question raised by this appeal. Rather we are asked to determine whether prison officials must change all their records to reflect the newly adopted name of a prisoner who has changed his name upon acceptance of the Sunni Muslim religion. We do not believe so. This record does not indicate prison regulations included any prohibition against a prisoner assuming a new name nor was there a denial of any prison benefit because of the use of the new name. As we view this record, the only act complained of by appellant is a matter of prison record keeping. We do not believe that any inmate has a constitutional right to dictate how prison officials keep their prison records.

As we see this issue, the present question of name change usage relates to prison administration. Absent unusual allegations such matters are for state prison officials to resolve. Intervention by the federal courts should only be in the very unusual case. See Bell v. Wolfish, 441 U.S. 520, 540 n. 23, 99 S.Ct. 1861, 1874 n. 23, 60 L.Ed.2d 447 (1979). We agree with Judge Porter of the District Court when he stated:

Prison administration presents unique difficulties and the burden imposed on the plaintiff in the instant case by the defendants' use of his non-Muslim name clearly is outweighed by the administrative difficulties and confusion which would confront prison officials in attempting to amend commitment papers of every prisoner who embraces the Islamic faith and changes his name.

The judgment of the District Court is affirmed.


Summaries of

Akbar v. Canney

United States Court of Appeals, Sixth Circuit
Nov 5, 1980
634 F.2d 339 (6th Cir. 1980)

holding that the refusal of prison officials to change their records to incorporate prisoner's new name did not constitute an infringement of a constitutionally cognizable First Amendment right

Summary of this case from Gilbert v. Fox

In Imam Ali Abdullah Akbar, the Sixth Circuit held that: "As we see this issue, the present question of name change usage relates to prison administration.

Summary of this case from Robinson v. Parker

In Imam Ali Abdullah Akbar v. Canney, 634 F.2d 339, 340 (6th Cir. 1980) (per curiam), the court held that an inmate has no constitutional right to require the prison to have all prison records reflect the prisoner's newly adopted legal name when the name was altered for religious reasons.

Summary of this case from Porter v. Van Tatenhove

In Iman Ali Abdullah Akbar v. Canney, 634 F.2d 339, 340 (6th Cir. 1980), the Sixth Circuit denied an inmate's request to compel prison officials to change all of the prison records to reflect plaintiff's newly adopted Muslim name. The Court found that the record did not indicate any denial of prison benefits because of the inmate's use of his new name.

Summary of this case from Salahuddin v. Carlson

In Imam Ali Abdullah Akbar v. Canney, supra, 634 F.2d at page 340, the court stated, "As we see this issue, the present question of name change usage relates to prison administration.

Summary of this case from In re Arnett
Case details for

Akbar v. Canney

Case Details

Full title:IMAM ALI ABDULLAH AKBAR, PLAINTIFF-APPELLANT, v. J.P. CANNEY, HEAD OF…

Court:United States Court of Appeals, Sixth Circuit

Date published: Nov 5, 1980

Citations

634 F.2d 339 (6th Cir. 1980)

Citing Cases

In re Arnett

To the contrary, Arnett has cited ample authority establishing that such a change is not only legal, but…

United States v. Hamrick

While an inmate possesses a right to legally change his name for religious reasons, inmates have no right to…