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No. 18-761October Term 2018Decided May 13, 2019

Docket 18-761October Term 2018 (2018–2019)

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
Case Accepted
Arguments
Decision ReleasedMay 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

Decision record

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

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
Primary materials7
Context reporting2