Does a prison disciplinary proceeding violate a petitioner's procedural due process rights?

Prison disciplinary proceedings may violate a petitioner's procedural due process rights if the petitioner has a protected liberty interest at stake. See Walker v. Sumner, 14 F.3d 1415, 1419 (9th Cir. 1994). A protected liberty interest may arise under the due process clause itself or under the laws of the states. See Kentucky Dep't of Corrections v. Thompson, 490 U.S. 454, 460 (1989). When a state creates a protected liberty interest, "the Due Process Clause requires fair procedures for its vindication--and federal courts will review the application of those constitutionally required procedures." Swarthout v. Cooke, 562 U.S. 216, 220 (2011). Liberty interests "are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law -- rules or understandings that secure certain benefits and that support claims of entitlement to those benefits. Bd. of Regents v. Roth, 408 U.S. 564, 566 (1972).

The Due Process clause accords prisoners the following procedures: (1) written notice of the claimed violations; (2) a brief period of time to prepare for the hearing; (3) a written statement by the fact finder regarding the facts relied upon in reaching the decision and the reasons for disciplinary action; (4) an opportunity to call witnesses and present documentary evidence; and (5) an opportunity to seek the aid of a fellow inmate or prison staff for complex matters. Wolff, 418 U.S. at 563-70. Courts grant prison officials "wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security." Bell v. Wolfish, 441 U.S. 520, 547 (1979).