Lucey
Lucey v. Nevada ex. rel. Board of Regents of the Nevada System of Higher Education
Opinion
Lead Opinion
This case concerns disciplinary sanctions imposed against plaintiff Kevin Lucey for incidents occurring while he was enrolled as a student at the University of Nevada, Las Vegas (“UNLV’) during the fall 2006 semester.
We review de novo the district court’s dismissal for failure to state a claim of Lucey’s due process claim under 42 U.S.C. § 1983 arising out of the sanctions imposed at the hearing on December 4, 2006 (“December 4 Hearing”). Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We review the district court’s denial of leave to Lucey to amend his complaint for abuse of discretion. Gardner v. Martino, 563 F.3d 981, 990 (9th Cir.2009).
On the facts alleged, Lucey’s right to procedural due process at the December 4 Hearing was satisfied because Lucey was subject to sanctions less than suspension or expulsion and received “some kind of notice and [was] afforded some kind of hearing.” Goss v. Lopez, 419 U.S. 565, 579 , 95 S.Ct. 729 , 42 L.Ed.2d 725 (1975). Therefore, the district court properly dismissed Lucey’s § 1983 procedural due process claim concerning the December 4 Hearing. Although Lucey faults the district court for denying leave to amend without reasons, the…