Summary

Portrait of Harry Blackmun Harry Blackmun Kentucky Department of Corrections v…

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, 103 S.Ct., at 868.
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.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Kentucky Department of Corrections v…

The same "substantive predicates" undoubtedly are intended to guide the duty officer's discretion in making the ultimate decision.
The regulations at issue here, however, lack the requisite relevant mandatory language. They stop short of requiring that a particular result is to be reached upon a finding that the substantive predicates are met. [4] The Reformatory Procedures Memorandum begins with the caveat that "administrative staff reserves the right to allow or disallow visits," and goes on to note that "it is the policy" of the reformatory "to respect the right of inmates to have visits."
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Kentucky Department of Corrections v…

The reformatory procedures are nearly identical, and include a prohibition on a visit from a former reformatory inmate, without the prior approval of the warden. See n. 2, supra. These regulations and procedures contain standards to be applied by a staff member in determining whether to refer a situation to the duty officer for resolution, and require the staff member to notify the duty officer if the staff member feels that a visitor should not be allowed admittance.
Source: Wikisource

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