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Dahne v. Richey

Updated Sep 18, 2026

In brief

The Supreme Court refused to hear Dahne's case (denied review), leaving the Ninth Circuit's ruling in place without deciding the First Amendment question.

Where it stands
Decided

Decided · May 13, 2019

What it’s about
The Supreme Court denied review of a Ninth Circuit decision involving a Washington prison officer who told an inmate to remove threatening, abusive, and irrelevant language from a grievance.
Who it affects
The denial left the Ninth Circuit's ruling in place for this case. It did not endorse either side's arguments or decide whether the First Amendment protects this grievance language.

Summary: written with AI from the case record.

Illustration for D. Dahne, Petitioner v. Thomas W. S. Richey
Conceptual illustration · AI-generated

What it's about

The denial left the Ninth Circuit’s ruling in favor of the inmate in place, without the Supreme Court deciding the First Amendment issue on the merits.

The case raised a conflict between prison grievance rules and First Amendment protections, but the Supreme Court ended its involvement without resolving it.

Question presented

Do prison inmates have a First Amendment right to include threatening, abusive, and irrelevant language in grievances?

What the Court decided

Holding

Petition DENIED. Justice Alito, with whom Justice Thomas and Justice Kavanaugh join, dissenting from denial of certiorari. (Detached Opinion )

What's next

The Supreme Court has finished its action on this petition. The Ninth Circuit's ruling remains in place, but there is no Supreme Court decision on the First Amendment issue.

Documents

2

Docket activity

7
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • New analysis added

    Sep 5, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Sep 5, 2026 · Court records

Show 2 more
  • Opinion added: Opinion

    May 13, 2019 · Court records

  • Brief added: Petition

    Dec 12, 2018 · Court records

More questions

5
What was Dahne v. Richey about?
It concerned whether an inmate had a First Amendment right to include threatening, abusive, and irrelevant language in a grievance after a Washington officer told him to remove it.
Did the Supreme Court decide the First Amendment question?
No. It declined review (denied Dahne's petition) and did not decide the legal question.
What happened to the Ninth Circuit's ruling?
The denial left the ruling in place for this case, but the Supreme Court did not endorse either side's arguments.
Who disagreed with refusing review?
Justice Alito disagreed with refusing review; Justices Thomas and Kavanaugh joined him in that disagreement.
What happens next after the denial?
The Supreme Court's action on this petition is complete. The Ninth Circuit's ruling remains in place.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis