36. Release.

U.S. Appeals Court WORK RELEASE

Kitchen v. Upshaw, 286 F.3d 179 (4th Cir. 2002). A former jail inmate brought a [section] 1983 action against a regional jail authority and jail officials, alleging violation of his due process rights when he was not allowed to participate in a work release program. The district court granted summary judgment to the defendants and the appeals court affirmed. The appeals court held that the authority was not an arm of the state and was therefore not protected by Eleventh Amendment immunity. But the court held that the inmate did not have a liberty interest under state law in participating in...