Robert Bergen v. James Spaulding, Superintendent

Plaintiff-appellant Robert Bergen is a former Washington State prisoner who appeals the district court’s grant of summary judgment dismissing his 42 U.S.C. § 1983 action against Washington prison authorities. The claim arises out of the defendants’ failure to release Bergen until more than twenty days after the good behavior early release date that prison officials had approved. The district court dismissed the action on the ground that the plaintiff had no constitutionally protected liberty interest in being released on his good time release date. Because the plaintiff was denied without a hearing the benefit of good behavior time credits to which he had become entitled, we reverse on the authority of Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974).

The facts are not in dispute. Plaintiff Bergen was serving a ten-year sentence for Assault and Indecent Liberties. Under Washington statutes, prisoners may receive up to a one-third reduction in the length of their sentence for good behavior. Wash.Rev.Code §§ 9.95.070, 9.95.110 (1988). Such reduction comes in the form of “good time release credits,” and these credits are subtracted from the prisoner’s…