Case Citator › Olim v. Wakinekona

Olim v. Wakinekona

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
461 U.S. 238
Decided
Confirmed treatments
1
Flagged citations read
90 of 90
Citing cases (total)
3,075
Treatment dates
1995
Abrogated
A reviewed court treats this case as abrogated by later authority. Olim v. Wakinekona has been abrogated in part: all 90 flagged citations have been read, and the 1 confirmed treatment is listed below. Sandin v. Conner abandoned Olim's mandatory-language methodology for identifying state-created prison liberty interests while preserving its no-liberty-interest result.
More on how this was screened

Later opinions continued to apply Olim's holdings that interstate prison transfers do not themselves implicate a liberty interest and that procedures alone do not create a substantive right; other adverse language concerned unrelated authorities or merely reported Sandin's act.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,075 later cases cite Olim v. Wakinekona; 90 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Abrogated

  • The Supreme Court abandoned Olim's mandatory-language methodology for state-created prison liberty interests while leaving its result intact.

    Sandin v. Conner · Supreme Court of the United States · filed

    Such abandonment of Hewitt’s methodology does not technically require us to overrule any holding of this Court. The Court in Olim v. Wakinekona, 461 U. S. 238 (1983), and Kentucky Dept. of Corrections v. Thompson, 490 U. S. 464 (1989), concluded no liberty interest was at stake. Although it did locate a liberty interest in Hewitt, it concluded that due process required no additional procedural guarantees for the inmate. As such, its answer to the anterior question of whether the inmate possessed a liberty interest at all was unnecessary to the disposition of the case. Our decision today only abandons an approach that in practice is difficult to administer and which produces anomalous results.
    Read the full opinion on CourtListener →

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