# Kentucky Department of Corrections v. Thompson

> Supreme Court of the United States · May 15, 1989 · 490 U.S. 454

URL: https://www.frixlaw.com/law-library/cases/9431673

## Case

- **Full name:** KENTUCKY DEPARTMENT OF CORRECTIONS Et Al. v. THOMPSON Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** May 15, 1989
- **Citations:** 490 U.S. 454; 57 U.S.L.W. 4531; 109 S. Ct. 1904; 104 L. Ed. 2d 506; 1989 U.S. LEXIS 2466
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennedy
- **Judges:** Blackmun, Rehnquist, White, O'Connor, Scalia, Kennedy, Marshall, Brennan, Stevens
- **Cited by:** 3,029 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Reported overruled in part, on other grounds by Sandin v. Conner, 515 U.S. 472 (1995) — not on the Supreme Court's list.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9431673

## How later opinions describe it (automated extraction)

- holding that protected liberty the Board's procedures. License and Amortization Appeal interests may arise from the Due Process Clause itself or the Bd. Rules of Procedure § 5.02(A). Accordingly, we hold that laws of the states and that a state creates a protected liberty appe…
- holding that a regulation that stated a visitor “may be excluded” when officials find reasonable grounds to believe that the “visitor’s presence in the institution would constitute a clear and probable danger to the institution’s security or interfere with [its] orderly operat…
- holding that “an inmate’s interest in unfettered visitation is [not] guaranteed directly by the Due Process Clause. We have rejected the notion that ‘any change in the conditions of confinement having a substantial adverse impact on the prisoner involved is sufficient to invok…
- explaining that courts “examine procedural due process questions in two steps”: first, the court “asks whether there exists a liberty or property interest which has been interfered with by the State,” and second, the court “examines whether the procedures attendant upon that d…
- holding that protected liberty interests may arise from the Due Process Clause itself or the laws of the states and that a state creates a protected liberty interest by placing substantive limits on official discretion, such as Amandating the outcome to be reached upon a findi…

## Opinion text

Justice Kennedy,
concurring.
I concur fully in the opinion and judgment of the Court. I write separately to note that this case involves a denial of prison access to particular visitors, not a general ban on all prison visitation. Nothing in the Court’s opinion forecloses the claim that a prison regulation permanently forbidding all visits to some or all prisoners implicates the protections of the Due Process Clause in a way that the precise and individualized restrictions at issue here do not.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9431673. Public record. Not legal advice.
