Center on Sentencing and Corrections

Wilkinson v. Austin

Wilkinson v. Austin

Wilkinson v. Austin, 544 U.S. 74 (2005).


The United States Supreme Court ruled that while inmates do have a constitutionally protected liberty interest in avoiding assignment at the Ohio State Penitentiary supermax, Ohio’s procedures by which they classify prisoners for placement in its supermax facility provide prisoners with sufficient protection to comply with the Due Process Clause of the US Constitution.


Click here to view Cornell University Law Schools’ Legal Information Institute website with the Syllabus of this decision and a link to Justice Kennedy’s unanimous opinion.


Keywords: procedural due process, Supreme Court, Justice Kennedy, super-max, classification, administrative segregation, Ohio Department of Rehabilitation and Correction