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AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process

Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed his sex-offender treatment rating to one not eligible for transfer to a release center. He filed suit in federal district court, claiming a due process violation. The district court dismissed the case, and Luca appealed.

On appeal, the U.S. Court of Appeals for the 9th Circuit found that the applicable regulations required prison guards to consider certain factors when assessing Luca's treatment rating but did not require any specific outcome based on those factors. Thus, the due process clauses of the U.S. Constitution were not violated when the guards changed Luca's sex-offender treatment rating based on their assessment of those factors in his case. The district court was therefore affirmed and Luca's appeal dismissed. See: Luca v. Admin. of Offender Services Bureau, 15 F.3d 1086 (9th Cir. 1994) (Table).

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Related legal case

Luca v. Admin. of Offender Services Bureau