Aaron James Brennan v. J. Sisk, et al.

Summary

The United States District Court for the Western District of Virginia dismissed Aaron James Brennan’s pro se 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915A(b)(1). Brennan alleged that prison disciplinary proceedings violated due process and sought backpay, removal of the disciplinary conviction, and transfer to a Level III facility. The court held that loss of a prison job and classification or housing at a particular security level did not implicate a protected liberty or property interest.

Holdings

1. An inmate does not have a constitutionally protected liberty or property interest in a prison job absent a state law or policy creating a legitimate claim of entitlement to continued prison employment.
2. The Constitution does not confer a protected liberty interest in classification at a particular security level or housing in a specific correctional facility, and Brennan did not plausibly allege a state-created interest in either.
3. The complaint failed to state a procedural due process claim because Brennan did not plausibly allege deprivation of a protected liberty or property interest.

Questions Presented

1. Whether Brennan plausibly alleged a procedural due process violation arising from the prison disciplinary proceedings.
2. Whether the loss of a prison job or classification and placement at a particular security level or correctional facility constitutes a protected liberty or property interest triggering due process protections.
3. Whether the complaint stated a plausible claim under 42 U.S.C. § 1983 sufficient to survive screening under 28 U.S.C. § 1915A.

Disposition

dismissed