Kentucky Department of Corrections v. Thompson
United States Supreme Court
490 U.S. 454 (1989)
The Kentucky Department of Corrections (KDC) (defendant) maintained a visitation policy for a state reformatory listing some, but not all, grounds for denying visitors, while giving the duty officer final discretion over admitting or denying entry. Thompson (plaintiff), an inmate, sued claiming the policy unconstitutionally interfered with his access to visitors; the district court found Thompson had a liberty interest in open visitation entitled to due process protection, that the policy failed to provide adequate process, and ordered KDC to revise it. The Sixth Circuit affirmed, and the Supreme Court granted certiorari.
Whether a state may create a liberty interest entitled to due process protection by placing substantive limitations on official discretion.