Kentucky Department of Corrections v. Thompson

490 U.S. 454, 109 S. Ct. 1904, 104 L. Ed. 2d 506, 1989 U.S. LEXIS 2466, 57 U.S.L.W. 4531
CourtSupreme Court of the United States
DecidedMay 15, 1989
Docket87-1815
StatusPublished
Cited by2,370 cases

This text of 490 U.S. 454 (Kentucky Department of Corrections v. Thompson) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentucky Department of Corrections v. Thompson, 490 U.S. 454, 109 S. Ct. 1904, 104 L. Ed. 2d 506, 1989 U.S. LEXIS 2466, 57 U.S.L.W. 4531 (1989).

Opinions

Justice Blackmun

delivered the opinion of the Court.

In this case we consider whether Kentucky prison regulations give state inmates, for purposes of the Fourteenth Amendment, a liberty interest in receiving certain visitors.

[456]*456I

In September 1976, Kentucky inmates brought a federal class action under 42 U. S. C. § 1983 challenging conditions of confinement in the Kentucky State Penitentiary at Eddy-ville. Other cases, one of them relating to the Kentucky State Reformatory at La Grange, were consolidated with the one concerning the penitentiary. The litigation was settled by a consent decree dated 28 May 1980, and supplemented 22 July 1980, containing provisions governing a broad range of prison conditions. App. 2-44, 45-55. See Kendrick v. Bland, 541 F. Supp. 21, 27-50 (WD Ky. 1981); see also Kendrick v. Bland, 740 F. 2d 432 (CA6 1984). Of sole relevance here, the consent decree provides: “The Bureau of Corrections encourages and agrees to maintain visitation at least at the current level, with minimal restrictions,” and to “continue [its] open visiting policy.” See 541 F. Supp., at 37.

The Commonwealth in 1981 issued “Corrections Policies and Procedures” governing general prison visitation, including a nonexhaustive list of visitors who may be excluded.1 Four years later, the reformatory issued its own more de[457]*457tailed “Procedures Memorandum” on the subject of “Visiting Regulations.” The memorandum begins with a Statement of Policy and Purpose: “Although administrative staff reserves the right to allow or disallow visits, it is the policy of the Kentucky State Reformatory to respect the right of inmates to have visits in the spirit of the Court decisions and the Consent Decree, while insuring the safety and security of the institution.” App. 106. The memorandum then goes on to state that a visitor may be denied entry if his or her presence would constitute a “clear and probable danger to the safety and security of the institution or would interfere with the orderly operation of the institution.” ¶ K(1)(a), App. 133. A nonexhaustive list of nine specific reasons for excluding visitors is set forth.2 The memorandum also states that the [458]*458decision whether to exclude a visitor rests with the duty officer, who is to be consulted by any staff member who “feels a visitor should not be allowed admittance.” ¶ K(3), App. 134.

This particular litigation was prompted in large part by two incidents when applicants were denied the opportunity to visit an inmate at the reformatory. The mother of one inmate was denied visitation for six months because she brought to the reformatory a person who had been barred for smuggling contraband. Another inmate’s mother and woman friend were denied visitation for a limited time when the inmate was found with contraband after a visit by the two women. In both instances the visitation privileges were suspended without a hearing. The inmates were not prevented from receiving other visitors.

The representatives of the Kendrick-inmate class filed a motion with the United States District Court for the Western District of Kentucky (the court which had issued the consent decree), claiming that the suspension of visitation privileges without a hearing in these two instances violated the decree and the Due' Process Clause of the Fourteenth Amendment. [459]*459By a memorandum dated June 26, 1986, the District Court found that the prison policies did not violate the decree, App. 147, but concluded that the language of the decree was “mandatory in character,” id., at 148, and that, under the standards articulated by this Court in Hewitt v. Helms, 459 U. S. 460 (1983), respondents “possess a liberty interest in open visitation.” The District Court directed petitioners to develop “minimal due process procedures,” including “an informal, nonadversary review in which a prisoner receives notice of and reasons for” any decision to exclude a visitor, as well as an opportunity to respond. App. 148. A formal order was issued accordingly. Id., at 149.

The United States Court of Appeals for the Sixth Circuit affirmed and remanded the case. 833 F. 2d 614 (1987). Relying not only on the consent decree but also on the regulations and stated policies, the court held that the relevant language was sufficiently mandatory to create a liberty interest. The Court of Appeals found that the relevant prison policies “placed ‘substantive limitations on official discretion.’” Id., at 618-619, quoting Olim v. Wakinekona, 461 U. S. 238, 249 (1983). The court also found that the language of the consent decree, that “[defendants shall continue their open visiting policy” (emphasis supplied by Court of Appeals), see Kendrick v. Bland, 541 F. Supp., at 37, coupled with a provision from the policy statement that “[a]n inmate is allowed three (3) separate visits . . . per week” (emphasis added by Court of Appeals), Reformatory Procedures ¶B(3), App. 108, satisfied the requirement of “mandatory language” articulated by our prior cases. See 833 F. 2d, at 618.

Because this case appeared to raise important issues relevant to general prison administration, we granted certiorari. 487 U. S. 1217 (1988).

II

The Fourteenth Amendment reads in part: “nor shall any State deprive any person of life, liberty, or property, without [460]*460due process of law,” and protects “the individual against arbitrary action of government,” Wolff v. McDonnell, 418 U. S. 539, 558 (1974). We examine procedural due process questions in two steps: the first asks whether there exists a liberty or property interest which has been interfered with by the State, Board of Regents of State Colleges v. Roth, 408 U. S. 564, 571 (1972); the second examines whether the procedures attendant upon that deprivation were constitutionally sufficient, Hewitt v. Helms, 459 U. S., at 472. The types of interests that constitute “liberty” and “property” for Fourteenth Amendment purposes are not unlimited; the interest must rise to more than “an abstract need or desire,” Board of Regents of State Colleges v. Roth, 408 U. S., at 577, and must be based on more than “a unilateral hope,” Connecticut Board of Pardons v. Dumschat, 452 U. S. 458, 465 (1981). Rather, an individual claiming a protected interest must have a legitimate claim of entitlement to it. Protected liberty interests “may arise from two sources — the Due Process Clause itself and the laws of the States.” Hewitt v. Helms, 459 U. S., at 466.

Respondents do not argue — nor can it seriously be contended, in light of our prior cases — that an inmate’s interest in unfettered visitation is guaranteed directly by the Due Process Clause. We have rejected the notion that “any

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Bluebook (online)
490 U.S. 454, 109 S. Ct. 1904, 104 L. Ed. 2d 506, 1989 U.S. LEXIS 2466, 57 U.S.L.W. 4531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-department-of-corrections-v-thompson-scotus-1989.