(DOWNLOAD) "Mann v. Adams" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

January 06, 2021

eBook details

Title: Mann v. Adams
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 23, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 48 KB

Description

Order ON REHEARING In his petition for rehearing, Mann contends that the unpublished administrative policy statements of the Arizona Department of Corrections in establishing a grievance procedure created a protected liberty interest.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, 75 L. Ed. 2d 813, 103 S. Ct. 1741 (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, 60 L. Ed. 2d 668, 99 S. Ct. 2100 (1979); see also Allen v. Board of Pardons, 792 F.2d 1404, 1407 (9th Cir. 1986), aff'd, 482 U.S. 369, 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. III. 1982). The unpublished policy statements create no protected liberty interest.