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Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough

Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed.

Berry requested his master record file after the Arizona Department of Corrections denied his application for the work furlough program. He claimed that the denial was based on his past convictions being categorically related to his current conviction. He brought action for the denial and the refusal to provide him with the sought records pursuant to A.R.S. § 39 121. The court granted the State's motion to dismiss and Berry appealed.

The Division One Court of Appeals of Arizona affirmed the dismissal because prisoners have no constitutional right to work furlough and further ruled that the more specific A.R.S. § 31 221 mandated the denial of prisoners' records requests. See: Berry v. State of Arizona. 145 Ariz. 12, 699 P.2d 387 (Ariz. 1985).

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Related legal case

Berry v. State of Arizona