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WALLACE v. ROBINSON

No. 88-1806.

940 F.2d 243 (1991)

Phillip WALLACE, Plaintiff-Appellant, v. Merle Dean ROBINSON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1991.

Attorney(s) appearing for the Case

Jerold S. Solovy, William A. VonHoene, Jr., and Thomas S. O'Neill (argued), Jenner & Block, Chicago, Ill., for plaintiff-appellant.

Diane Curry Grapsas, Rosalyn B. Kaplan (argued), Asst. Attys. Gen., Office of the Atty. Gen., and Daniel N. Malato, Asst. Atty. Gen., Office of the Atty. Gen., Civ. Appeals Div., Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

We took this case in banc to resolve a conflict within the circuit. Castaneda v. Henman, 914 F.2d 981, 984 (7th Cir.1990), holds that a regulation allowing prison officials discretion to act for any reason except discipline does not establish a liberty or property interest for the purpose of the due process clause. An earlier case, Abdul-Wadood v. Duckworth, 860 F.2d 280

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