Kentucky Department of Corrections v. Thompson
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Sandin did not disturb Thompson's no-liberty-interest result or its general two-step due-process framework. Later opinions applied those surviving rules or merely repeated Sandin history; other adverse phrases concerned unrelated authorities.
2,461 later cases cite Kentucky Department of Corrections v. Thompson; 92 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.
Relying on Kentucky Department of Corrections v. Thompson?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court abandoned Thompson's mandatory-language methodology for prison-created 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.
Read the full opinion on CourtListener →
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