Opinion

Gregory Brown v. Cheryl Strange

Court
Court of Appeals for the Ninth Circuit
Filed
Feb 20, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 38.8%

explaining that a prisoner has no protected liberty interest unless the sanction imposed extends the length of his sentence or imposes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”

How later courts described this case

  • explaining that a prisoner has no protected liberty interest unless the sanction imposed extends the length of his sentence or imposes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”
  • setting forth standard for analyzing First Amendment restrictions in the prison context
  • dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)
  • dismissal under 28 U.S.C. § 1915A

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 20 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY TYREE BROWN, No. 23-35145

Plaintiff-Appellant, D.C. No. 4:22-cv-05094-TOR

v.

MEMORANDUM*

CHERYL STRANGE, Secretary of

Corrections; STEPHEN SINCLAIR, in their

individual and official capacities; SCOTT J.

RUSSEL, Deputy Secretary of Corrections;

JEFFREY A. UTTECHT, Warden, in their

individual and official capacities; SCOTT

SVOBODA, in their individual and official

capacities; KEVIN WALKER, in their

individual and official capacities; L W

ADAMS, in their individual and official

capacities; DANIELLE OYEN, in their

individual and official capacities; JENER

COELR, in their individual and official

capacities; DONALD HOLBROOK, in their

individual and official capacities; RONALD

FREDRICK, in their individual and official

capacities; DALE CALDWELL, in their

individual and official capacities; R

RIVERA, in their individual and official

capacities; JAMES ROGERS, in their

individual and official capacities;

CAROLINE ROOP, in their individual and

official capacities; CINDY DAVENPORT,

in their individual and official capacities;

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

DAVE WILLIAMS, in their individual and

official capacities; ROMERO, Corrections

Officer, in their individual and official

capacities; HUIST, Corrections Officer, in

their individual and official capacities;

SLUSSER, Corrections Officer, in their

individual and official capacities;

McCARTHY, Corrections Officer, in their

individual and official capacities; DUVALL,

Corrections Officer, in their individual and

official capacities; YEATER, Corrections

Officer, in their individual and official

capacities; TUNGENARD, Corrections

Officer, in their individual and official

capacities; MITCHELL, Corrections Officer,

in their individual and official capacities;

PIERCE, LTI,

Defendants-Appellees.

Appeal from the United States District Court

for the Eastern District of Washington

Thomas O. Rice, District Judge, Presiding

Submitted February 18, 2026**

Before: CALLAHAN, FRIEDLAND, and BRESS, Circuit Judges.

Washington state prisoner Gregory Tyree Brown appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging

constitutional claims arising from the confiscation of personal property in prison.

**

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

2 23-35145

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v.

Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C.

§ 1915A); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under

28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm in part, reverse in part, and remand.

To the extent Brown alleged a due process claim challenging the disciplinary

action taken against him, the district court properly dismissed Brown’s claim

because Brown failed to allege facts sufficient to show that he was deprived of a

protected liberty interest. See Sandin v. Conner, 515 U.S. 472, 483-84 (1995)

(explaining that a prisoner has no protected liberty interest unless the sanction

imposed extends the length of his sentence or imposes an “atypical and significant

hardship on the inmate in relation to the ordinary incidents of prison life”).

To the extent that Brown alleged constitutional claims challenging

defendants’ failures to process his grievances, the district court properly dismissed

Brown’s claims because “inmates lack a separate constitutional entitlement to a

specific grievance procedure.” Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir.

2003).

Dismissal of Brown’s First Amendment claims and remaining Fourteenth

Amendment due process claims was premature because the allegations that Brown

was deprived of noncontraband property in connection with unconstitutional prison

policies, liberally construed, are “sufficient to warrant ordering [defendants] to file

3 23-35145

an answer.” Wilhelm, 680 F.3d at 1116; see also Prison Legal News v. Ryan, 39

F.4th 1121, 1128-29 (9th Cir. 2022) (setting forth standard for analyzing First

Amendment restrictions in the prison context); Shinault v. Hawks, 782 F.3d 1053,

1057-58 (9th Cir. 2015) (setting forth standard for analyzing due process claims for

deprivation of property, including whether a predeprivation hearing is required,

and explaining that “where the State feasibly can provide a predeprivation hearing

before taking property, it generally must do so regardless of the adequacy of a

postdeprivation tort remedy to compensate for the taking” (citation and internal

quotation marks omitted)). We reverse the judgment in part and remand for further

proceedings on these claims only.

AFFIRMED in part, REVERSED in part, and REMANDED.

4 23-35145

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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