Can a judge create a protected liberty interest in a state prison?

MultiRegion, United States of America

The following excerpt is from Pierce v. Vernon, 24 F.3d 248 (9th Cir. 1994):

Nevertheless, a protected liberty interest can be created by state law. Id. at 461. Such a liberty interest is created when a state places substantive limitations on official discretion. Id. at 462. If the prison regulations contain " 'explicitly mandatory language' [such as] specific directives to the decisionmaker that if the regulations, substantive predicates are present, a particular outcome must follow," a liberty interest is created. Id. at 463. See also Mendoza v. Blodgett, 960 F.2d 1425, 1432-33 (9th Cir.1992) (holding that Washington state prison regulations contained the substantive predicates necessary to create a liberty interest in visitation).

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