David Riggins v. Harold Clarke

MEMORANDUM

Appellant David Riggins, aka Dawud Halisi Malik (“Appellant”) appeals the grant of summary judgment to various employees of the State of Washington Department of Corrections (“DOC”). Appellant is a prisoner who brought this action under 42 U.S.C. § 1983 to challenge the enforcement of DOC Policy 400.280 (the “Policy”), which requires that all prisoners use their committed name before any other official or religious name on all incoming and outgoing correspondence. Appellant argues that the enforcement of the Policy by Appellees violates his First Amendment right to use of the mail. The district court granted summary judgment in favor of Appellees, holding that, as to incoming mail, there was no constitutional violation, and that, as to outgoing mail, summary judgment was inappropriate on the merits but Appellees were entitled to qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 , and we now affirm the grant of summary judgment in Appellees’ favor.

I.

A district court’s grant of summary judgment is reviewed de novo. Davis v. City of Las Vegas, 478 F.3d 1048, 1053 (9th Cir.2007) (citing Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004)). Its decision as…