Jean Miller v. Butte County Sheriff's Departm

MEMORANDUM

Jean Miller appeals pro se from the district court’s summary judgment in her 42 U.S.C. § 1983 action alleging constitutional violations associated with her incarceration in the Butte County Jail. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Jett v. Penner, 439 F.3d 1091,1096 (9th Cir.2006). We affirm.

The district court properly granted summary judgment on Miller’s claim that her placement in jail rather than in the Sheriffs Work Alternative Program (“SWAP”) violated her due process rights because Miller conceded that she did not have a liberty interest in participating in SWAP, and the record established that the program is a privilege granted at the discretion of the Sheriffs Department. See Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 569 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (due process claim cognizable only if there is a constitutionally protected liberty or property interest).

The district court properly granted summary judgment on Miller’s First Amendment retaliation claim because Miller did not raise a triable dispute that her placement in county jail instead of SWAP did not serve a legitimate correctional goal. See Rhodes v.…