No. 18-761October Term 2018Decided May 13, 2019
D. Dahne, Petitioner v. Thomas W. S. Richey
The Supreme Court left the Ninth Circuit's decision in place without settling the national First Amendment question.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 13, 2019
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
Question presented
Do prison inmates have a First Amendment right to include threatening, abusive, and irrelevant language in grievances?
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released May 13, 2019
- Area
First Amendment
Briefing
What it's about
The case asked whether prison inmates have a First Amendment right to use threatening, abusive, or irrelevant language in prison grievances. On May 13, 2019, the Supreme Court declined review, so it did not decide that broader constitutional question.
Vote
On May 13, 2019, the Court declined to hear the case. The prompt does not provide a vote count or any opinion lineup.
Impact
The lower court's result stayed in place, affecting prison officials and inmates in the Ninth Circuit. For example, a prison officer facing a similar grievance dispute there may still have to follow that court's First Amendment approach.
What's next
This Supreme Court docket is finished. Practically, the lower-court outcome remains in effect, and any broader change would have to come in a future case or through prison policy changes.
What was the main fight in D. Dahne v. Richey?
The dispute was over whether an inmate's prison grievance can include threatening, abusive, or irrelevant language and still receive First Amendment protection.
Who is most affected by the Supreme Court's action here?
Prison officials and inmates in the Ninth Circuit are most directly affected because the lower-court result remains in place for similar disputes.
What happens next after the Supreme Court declined review?
Nothing more happens in this Supreme Court case. The Ninth Circuit result stands, and the justices did not decide the merits of the broader issue.
Decision
What the Court decided
The Supreme Court left the Ninth Circuit's decision in place without settling the national First Amendment question.
Impact
The lower court's result stayed in place, affecting prison officials and inmates in the Ninth Circuit. For example, a prison officer facing a similar grievance dispute there may still have to follow that court's First Amendment approach.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology