Can a plaintiff bring a claim for damages against the remaining defendants for failing to process an administrative appeal?

MultiRegion, United States of America

The following excerpt is from Fraire v. Solano County Jail Det. Facility, No. CIV S-10-2469 EFB P (E.D. Cal. 2011):

Additionally, it appears that plaintiff attempts to impose liability against the remaining defendants based on their handling of plaintiff's administrative appeals. However, there are no constitutional requirements regarding how a grievance system is operated. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (holding that prisoner's claimed loss of a liberty interest in the processing of his appeals does not violate due process because prisoners lack a separate constitutional entitlement to a specific prison grievance system). The alleged failings of defendants with respect to plaintiffs inmate appeals cannot support a claim for relief for violation of a constitutional right.

Thus, to proceed plaintiff must file an amended complaint. Any amended complaint must adhere to the following requirements:

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