The following excerpt is from Lucero v. Hart, 915 F.2d 1367 (9th Cir. 1990):
The procedural safeguards of the Fourteenth Amendment protect against the deprivation of interests that an individual has acquired in specific benefits. Board of Regents v. Roth, 408 U.S. 564, 576, 92 S.Ct. 2701, 2708, 33 L.Ed.2d 548. In order to have a property interest in a benefit, a person must have more than a need, desire or expectation of it, they must have a legitimate claim of entitlement to it. Id. at 577, 92 S.Ct. at 2709. A party's expectation of continued employment may be based on rules or understandings. Roth v. Veteran's Admin. of United States, 856 F.2d 1401, 1409. Entitlements based on rules arise from statutes, ordinances, regulations or express or implied contracts, while entitlements based on understandings must be mutually explicit. Id.
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