This note discusses the Supreme Court’s holding in Wilkinson that OSP’s system for inmate placement in its Supermax facility does not violate the Equal Protection Clause. Part II will summarize OSP’s purpose and condition, and will focus on Ohio’s New Policy regarding inmate placement. Part III will examine Supreme Court precedent and the Court’s conclusions of law in determining whether inmates have a protected liberty interest in avoiding assignment to OSP and the due process implications of the inmate selection process to OSP. Part IV will question the Supreme Court’s disregard of the adverse mental effects in inmates subjected to the extreme isolation conditions within Supermax prisons. Finally, Part V will analyze the likely impact of the Wilkinson decision on other jurisdictions in their development of fair inmate placement procedures for their Supermax facilities.
"Supermax’s Kryptonite? Wilkinson v. Austin: The Due Process Challenge to Ohio’s Super-Maximum Security Prison,"
University of Massachusetts Law Review: Vol. 2:
1, Article 7.
Available at: https://scholarship.law.umassd.edu/umlr/vol2/iss1/7