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Wilkinson v. Austin

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: June 13, 2005

What's at Stake

Reviewing the procedures required by due process before an Ohio prisoner can be transferred to the state’s “Supermax” facility. DECIDED

Prisoners in Ohio’s Supermax facility are let out of their cells for only five hours a week, they are denied all contact with other prisoners, contact with outside visitors is severely restricted, and they are ineligible for parole. The trial court found that these conditions represented a “severe and atypical hardship” within the context of the Ohio prison system. The question is whether due process requires Ohio to provide its prisoners with a meaningful hearing before they are transferred to the Supermax facility. The ACLU is co-counsel for the plaintiff prisoners with the Center for Constitutional Rights.

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