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THOMPSON v. COM. OF KY., DEPT. OF CORRECTIONS

No. 86-5836.

833 F.2d 614 (1987)

James M. THOMPSON, et al., Plaintiffs-Appellees, v. COMMONWEALTH OF KENTUCKY, DEPT. of CORRECTIONS, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1987.

Rehearing and Rehearing Denied January 6, 1988.

Attorney(s) appearing for the Case

David A. Sexton, Linda G. Cooper, Barbara W. Jones (argued), Corrections Cabinet, Office of General Counsel, Frankfort, Ky., for defendants-appellants.

Joseph S. Elder, Robert A. Lee (argued), Louisville, Ky., for plaintiffs-appellees.

Before MERRITT, MARTIN and WELLFORD, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 6, 1988.

BOYCE F. MARTIN, Jr., Circuit Judge.

The sole issue presented by this case is whether a consent order and prison policy created a liberty interest in visitation privileges such that due process requires some procedure before denying visitation. The district court found that a liberty interest did exist. We agree.

It is well recognized that there are two means by which a constitutionally protected...

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