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

The following excerpt is from Baez v. Pinker, No. 15-1932-pr (2nd Cir. 2016):

A protected liberty interest can arise from state statutes or regulations that use mandatory language to "plac[e] substantive limitations on official discretion," Olim v. Wakinekona, 461 U.S. 238, 249 (1983); accord Tellier v. Fields, 280 F.3d 69, 81 (2d Cir. 2000).2 If the state decisionmaker "is not required to base its decisions on objective and defined criteria, but instead can deny the requested relief for any constitutionally

Page 4

Other Questions


Can a state official's failure to comply with state law that gives rise to a liberty or property interest constitute a procedural or substantive violation? (MultiRegion, United States of America)
What is the test for determining whether a state interest is insufficient to justify the imposition of certain conditions or regulations when a protected liberty interest exists? (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)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
When a state statute is greater breadth than its text, can the state apply the statute of conviction in a nongeneric manner? (MultiRegion, United States of America)
What is the federal liberty interest in a transfer of an inmate from a state to another state? (MultiRegion, United States of America)
Can a judge create a protected liberty interest in a state prison? (MultiRegion, United States of America)
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)
Is a federal right of action for which no statute of limitations is provided subject to the limitations period which the forum state applies? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.