Does a prisoner have a "protected liberty interest" when he is denied access to a court-appointed judge's discretion to grant him a hearing?
MultiRegion, United States of America
The following excerpt is from Banks v. Idaho Bd. of Corrections, 125 F.3d 857 (9th Cir. 1997):
State regulations do not afford a prisoner a protected liberty interest entitling him to procedural protections unless the action by prison officials serves to increase his sentence or results in "atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin v. O'Connor, 115 S.Ct. 2293, 2300 (1995).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a prisoner have a "protected liberty interest" if he is denied access to a procedural procedure by the Department of Justice? (MultiRegion, United States of America)
Does a judge have jurisdiction to hear a motion in which a prisoner was denied due process at a disciplinary hearing? (MultiRegion, United States of America)
What is the test for creating a protected liberty interest in a state by restricting the discretion of a judge? (MultiRegion, United States of America)
Can a judge create a protected liberty interest in a state prison? (MultiRegion, United States of America)
What is the test for a prison to deny a prisoner access to documentary evidence in their own defense? (MultiRegion, United States of America)
What is a protected liberty interest that arises from mandatory language in a state statute or regulations that place mandatory language to "plac[e substantive limitations on official discretion"? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Can a prisoner who has been denied access to the grievance system in a federal court exercise his right to make a claim under the Prison Reform Act (PLRA) against the Department of Justice? (MultiRegion, United States of America)
Does intervenor have a "significant protectable interest" when it asserts an interest that is not protected by law? (MultiRegion, United States of America)
Does a judge have discretion in failing to grant an evidentiary hearing? (MultiRegion, United States of America)
