Wendell Bills v. Murray Henderson

EDWARDS, Chief Judge,

concurring specially.

I concur in and join the majority opinion as to all sections except Section III. I cannot agree with the rejection of plaintiffs’ claims to procedural rights based on state prison regulations (see Guidelines, Rule 4.601(4)). I believe that these rules do establish a “legitimate claim of entitlement” and may not, as here, be arbitrarily disregarded. Meachum v. Fano, 427 U.S. 215, 226, 96 S.Ct. 2532, 2539 (1976); Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2693, 2975 (1974).