Frank v. Schultz, No. 14-55890 (9th Cir. 2015)Annotate this Case
Plaintiff filed suit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, alleging that his First and Fourteenth Amendment rights were violated when a correctional counselor issued plaintiff an incident report charging him with “Possession of Anything Unauthorized.” A Disciplinary Hearing Officer found that plaintiff had committed “Conduct which Interferes with the Security or Orderly Running of the Institution.” The court concluded that the district court properly granted summary judgment on plaintiff’s due process claim because, as its sister circuits have recognized, any procedural error was corrected through the administrative appeal process, and plaintiff ultimately did not lose any good time credits. Accordingly, the court affirmed the judgment.