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

The following excerpt is from Coco v. Grigone, 5 F.3d 535 (9th Cir. 1993):

Nevertheless, a state may create a protected liberty interest "by placing substantive limitations on official discretion." Kentucky Dep't of Corrections v. Thompson, 490 U.S. 454, 462 (1989) (quotations omitted); Mendoza v. Blodgett, 960 F.2d 1425, 1428 (9th Cir.1992), cert. denied, 113 S.Ct. 1005, 1027 (1993). A state may create such an interest "by adopting regulations which establish substantive predicates to govern official decisionmaking and by mandating the outcome to be reached upon a finding that the relevant criteria have been met." Mendoza, 960 F.2d at 1428. The regulations must contain " 'explicit mandatory language,' i.e., specific directives to the decisionmaker that if the regulations' substantive predicates are present, a particular outcome must follow." Id. (quotations omitted).

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