From Casetext: Smarter Legal Research

Mann v. Adams

United States Court of Appeals, Ninth Circuit
Oct 11, 1988
855 F.2d 639 (9th Cir. 1988)

Summary

holding that prisoners do not have a protected property interest in an inmate grievance procedure

Summary of this case from Hancock v. Garcia

Opinion

No. 87-1925.

August 23, 1988. Certiorari Denied October 11, 1988.

Before GOODWIN, SCHROEDER and POOLE, Circuit Judges.


ORDER

In his petition for rehearing, Mann contends that the unpublished administrative policy statements of the Arizona Department of Corrections in establishing a grievance procedure created a protected liberty interest.

The Supreme Court has held that "a State creates a protected liberty by placing substantive limitations on official discretion." Olim v. Wakinekona, 461 U.S. 238, 249, 103 S.Ct. 1741, 1747, 75 L.Ed.2d 813 (1983). The Supreme Court has also held that to obtain a protectable right an individual must have "a legitimate claim of entitlement to it." Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 7, 99 S.Ct. 2100, 2104, 60 L.Ed.2d 668 (1979); see also Allen v. Board of Pardons, 792 F.2d 1404, 1407 (9th Cir. 1986), aff'd, ___ U.S. ___, 107 S.Ct. 2415, 96 L.Ed.2d 303 (1987). There is no legitimate claim of entitlement to a grievance procedure. See Shango v. Jurich, 681 F.2d 1091, 1100 (7th Cir. 1982); Azeez v. DeRobertis, 568 F. Supp. 8, 11 (N.D.Ill. 1982). The unpublished policy statements create no protected liberty interest.

The panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.


Summaries of

Mann v. Adams

United States Court of Appeals, Ninth Circuit
Oct 11, 1988
855 F.2d 639 (9th Cir. 1988)

holding that prisoners do not have a protected property interest in an inmate grievance procedure

Summary of this case from Hancock v. Garcia

holding that prisoners do not have a constitutional entitlement to a grievance procedure

Summary of this case from Joseph v. Dep't Of Corrs.

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest because there is no legitimate claim of entitlement to a grievance procedure

Summary of this case from Hill v. Rhude

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Banks v. Lombardo

holding that a state's policies establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Boyer v. Williams

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Campos v. Barnes

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Caro v. Davis

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Porretti v. Ford

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Edwards v. Estill

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Vanfossan v. Alcantar

holding no due process violation based on improperly processed grievances

Summary of this case from Davies v. Heick

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Winn v. Dzurenda

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Mitchell v. Williams

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Snyder v. Wofford

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Lewis v. Biter

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Dunbar v. Cal. Dep't of Corr.

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Zaragosa v. Perez

holding that there is no protected liberty interest to a grievance procedure

Summary of this case from Camposeco v. Bordeaux

holding no due process violation based on improperly processed grievances

Summary of this case from Freitas v. Derr

holding "[t]here is no legitimate claim of entitlement to a grievance procedure"

Summary of this case from Nelson v. Lewis

holding that a state's policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest because there is no legitimate claim of entitlement to a grievance procedure

Summary of this case from Clark v. Dzurenda

holding no due process violation based on improperly processed grievances

Summary of this case from Davies v. Heick

holding "[t]here is no legitimate claim of entitlement to a grievance procedure"

Summary of this case from Brown v. Padgett

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Sledge v. Allen

holding that a state's unpublished policy statements establishing a grievance procedure do not create a constitutionally protected liberty interest

Summary of this case from Matthews v. Filson
Case details for

Mann v. Adams

Case Details

Full title:DAVID ALLEN MANN, PLAINTIFF-APPELLANT, v. JAMES ADAMS, ET AL.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 11, 1988

Citations

855 F.2d 639 (9th Cir. 1988)

Citing Cases

Terrill v. Grannis

The existence of an inmate appeals process does not create a protected liberty interest upon which Plaintiff…

Terrill v. Grannis

As Plaintiff was previously informed in the first screening order, the existence of an administrative appeals…