Case: Barroca v. Bureau of Prisons

1:18-cv-02740 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 26, 2018

Closed Date: 2019

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Case Summary

On November 26, 2018, a group of federal prisoners and advocacy groups filed this lawsuit against the Federal Bureau of Prisons (“BOP”) and its director, in the U.S. District Court for the District of Columbia. The plaintiffs challenged the BOP’s March 3, 2018 decision to issue a Record of Decision in support of its proposed plan to build what they said was an unneeded new United States Penitentiary (“USP”) in Letcher County, Kentucky, at the cost of at least $444 million. The plaintiffs, represented by the Abolitionist Law Center and others, claimed that the defendants violated the National Environmental Protection Act and the Administrative Procedure Act by failing to properly provide the plaintiffs notice and opportunities to comment on BOP’s proposed action, failing to identify a legitimate purpose and need in its Environmental Impact Statement (“EIS”) for the action, and failing to conduct an environmental analysis and take a hard look at the action’s environmental impacts. The Complaint sought declaratory and injunctive relief, as well as attorney’s fees.

The defendant BOP filed a motion to dismiss on March 11, 2019, for lack of subject matter jurisdiction. BOP argued that the plaintiffs did not have Article III standing because they failed to allege a cognizable injury from the future construction of a prison. On April 23, 2019, the plaintiffs filed a second amended complaint and Judge James E. Boasberg denied the motion to dismiss because it was no longer addressed to the most recent complaint. This new complaint alleged additional facts and added an additional claim that the defendants violated the National Environmental Protection Act and the Administrative Procedure Act by failing to issue a supplemental EIS in light of important new information.

On June 5, 2019, the Director of BOP withdrew the Record of Decision regarding the proposal to build this prison. The withdrawal was, BOP said, based upon new information relevant to the environmental analysis for the proposed action. Following the withdrawal, the parties conferred and agreed that it would not be appropriate for the defendants to file an answer to the second amended complaint, so the parties filed a joint motion to stay the case for thirty days. On July 18, 2019, Judge Boasberg granted the motion and stayed the case until August 19, 2019.

On August 19, the parties filed a status report and indicated that they would like to dismiss the complaint. On September 4, 2019, the plaintiffs filed a stipulation of voluntary dismissal. On the next day, the court ordered that the case was dismissed with prejudice. Upon a motion by the plaintiffs, the court amended the order on September 11, 2019 and instead ordered that the case was dismissed without prejudice. The case is now closed.

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Summary Authors

Sichun Liu (2/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8248684/parties/barroca-v-bureau-of-prisons/

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Bollag, Alexander Hewe (Louisiana)

Cufone, Marianne (Louisiana)

McDaniel, Dustin (Pennsylvania)

Attorney for Defendant

Duffy, Sean C. (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Bollag, Alexander Hewe (Louisiana)

Cufone, Marianne (Louisiana)

McDaniel, Dustin (Pennsylvania)

Posner, Emily H. (Louisiana)

Attorney for Defendant

Duffy, Sean C. (District of Columbia)

VanDyke, Lawrence James Christopher (Nevada)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-02740	Docket [PACER]	Sept. 11, 2019	Sept. 11, 2019 Docket
1 1:18-cv-02740	Complaint	Nov. 26, 2018	Nov. 26, 2018 Complaint
12 1:18-cv-02740	Amended Complaint	April 23, 2019	April 23, 2019 Complaint
18 1:18-cv-02740	Stipulation of Dismissal	Sept. 4, 2019	Sept. 4, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8248684/barroca-v-bureau-of-prisons/

Last updated April 10, 2025, 9:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against BUREAU OF PRISONS, HUGH J. HURWITZ ( Filing fee $ 400 receipt number 0090-5807241) filed by BRENT LOVETT, CONNOR STEVENS, CHRISTOPHER GRIEF, JOSEPH RECTOR, ROBERT BLACK, ABOLITIONIST LAW CENTER, ROBERT BARROCA, VERNON REID, SCOTT PETRIE, JAMES B. MITCHELL, MANUEL GAUNA, DAVID CILLA, GEORGE JEFFERSON, JEREMY MACK, MICHAEL SCHUTTPELZ, RONALD MYERS, JASON PALACIOS, JEREMY HAMMOND, AUBURN CALLOWAY, DAVID ROSTAN, MARK JORDAN, CORVAIN COOPER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons BOP summons, # 3 Summons Hurwitz summons)(McDaniel, Dustin) (Entered: 11/26/2018) 1 Civil Cover Sheet View on PACER 2 Summons BOP summons View on PACER 3 Summons Hurwitz summons View on PACER	Nov. 26, 2018	Nov. 26, 2018 RECAP
2	ERRATA by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS 1 Complaint,, filed by SCOTT PETRIE, VERNON REID, MICHAEL SCHUTTPELZ, BRENT LOVETT, JEREMY HAMMOND, GEORGE JEFFERSON, III, CONNOR STEVENS, JEREMY MACK, ROBERT BLACK, AUBURN CALLOWAY, ROBERT BARROCA, JOSEPH RECTOR, ABOLITIONIST LAW CENTER, DAVID CILLA, CHRISTOPHER GRIEF, JASON PALACIOS, MANUEL GAUNA, RONALD MYERS, MARK JORDAN, DAVID ROSTAN, CORVAIN COOPER, JAMES MITCHELL. (McDaniel, Dustin) (Entered: 11/27/2018)	Nov. 27, 2018	Nov. 27, 2018 PACER
3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily H. Posner, :Address- 7214 St. Charles Box 913. Phone No. - 225-746-8820. Filing fee $ 100, receipt number 0090-5810425. Fee Status: Fee Paid. by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (Attachments: # 1 Exhibit)(McDaniel, Dustin) (Entered: 11/27/2018)	Nov. 27, 2018	Nov. 27, 2018 PACER
	Case Assigned/Reassigned	Nov. 28, 2018	Nov. 28, 2018 PACER
	Case Assigned to Judge James E. Boasberg. (zsb)	Nov. 28, 2018	Nov. 28, 2018 PACER
4	SUMMONS (2) Issued Electronically as to BUREAU OF PRISONS, HUGH J. HURWITZ. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/28/2018)	Nov. 28, 2018	Nov. 28, 2018 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Nov. 30, 2018	Nov. 30, 2018 PACER
	MINUTE ORDER GRANTING 3 Motion for Leave to Appear Pro Hac Vice of EMILY H. POSNER. So ORDERED by Judge James E. Boasberg on 11/30/2018. (lcjeb2)	Nov. 30, 2018	Nov. 30, 2018 PACER
5	NOTICE of Appearance by Sean Christian Duffy on behalf of All Defendants (Duffy, Sean) (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
6	Consent MOTION for Extension of Time to File Answer by BUREAU OF PRISONS, HUGH J. HURWITZ (Attachments: # 1 Text of Proposed Order)(Duffy, Sean) (Entered: 01/30/2019)	Jan. 30, 2019	Jan. 30, 2019 PACER
	MINUTE ORDER: The Court ORDERS that Defendants' Consent 6 Motion for Extension of Time to File is GRANTED and that Defendants shall file their Answer or otherwise respond to the Complaint by March 11, 2019. So ORDERED by Judge James E. Boasberg on 1/30/2019. (lcjeb3)	Jan. 30, 2019	Jan. 30, 2019 PACER
	Set/Reset Deadlines: Answer due by 3/11/2019. (znbn)	Jan. 30, 2019	Jan. 30, 2019 PACER
7	MOTION to Dismiss for Lack of Jurisdiction by BUREAU OF PRISONS, HUGH J. HURWITZ (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Duffy, Sean) (Entered: 03/11/2019) 1 Memorandum in Support View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	March 11, 2019	March 11, 2019 PACER
8	Joint MOTION for Extension of Time to File Briefs by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (Posner, Emily) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
	Order on Motion for Extension of Time to File	March 21, 2019	March 21, 2019 PACER
	Set/Reset Deadlines	March 21, 2019	March 21, 2019 PACER
	.Order	March 21, 2019	March 21, 2019 PACER
	MINUTE ORDER GRANTING Consent 8 Motion for Extension of Time to File. The Court ORDERS that: 1) Plaintiffs shall file their Opposition to Defendants' Motion to Dismiss by April 25, 2019; and 2) Defendants shall file their Reply by May 12, 2019. So ORDERED by Judge James E. Boasberg on 3/21/2019. (lcjeb2)	March 21, 2019	March 21, 2019 PACER
	Set/Reset Deadlines: Responses due by 4/25/2019. Replies due by 5/12/2019. (znbn)	March 21, 2019	March 21, 2019 PACER
	MINUTE ORDER: Due to a scheduling error, the Court ORDERS that the deadline for Defendants' Reply is RESET from May 12, 2019, to May 16, 2019. So ORDERED by Judge James E. Boasberg on 3/21/2019. (lcjeb2)	March 21, 2019	March 21, 2019 PACER
	Set/Reset Deadlines: Replies due by 5/16/2019. (znbn)	March 21, 2019	March 21, 2019 PACER
	Set/Reset Deadlines	March 22, 2019	March 22, 2019 PACER
9	MOTION for Leave to File Second Amended Complaint by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Posner, Emily) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
	Order on Motion to Dismiss/Lack of Jurisdiction	April 23, 2019	April 23, 2019 PACER
	Order on Motion for Leave to File	April 23, 2019	April 23, 2019 PACER
	MINUTE ORDER: The Court ORDERS that: 1) Plaintiffs' 9 Motion for Leave is GRANTED; 2) The attached proposed Second Amended Complaint is deemed FILED; 3) Defendants' 7 Motion to Dismiss is DENIED WITHOUT PREJUDICE as superseded by the new Complaint; and 4) Defendants shall respond to the new Complaint by May 7, 2019. So ORDERED by Judge James E. Boasberg on 4/23/2019. (lcjeb2)	April 23, 2019	April 23, 2019 PACER
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marianne Cufone, :Firm- Green Justice Legal, :Address- 515 Short Street. Phone No. - 813-785-8386. Filing fee $ 100, receipt number 0090-6078076. Fee Status: Fee Paid. by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (McDaniel, Dustin) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander H. Bollag, :Firm- Green Justice Legal, :Address- 515 Short Street. Phone No. - 919-923-5973. Filing fee $ 100, receipt number 0090-6078077. Fee Status: Fee Paid. by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (McDaniel, Dustin) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
12	AMENDED COMPLAINT against BUREAU OF PRISONS, HUGH J. HURWITZ filed by BRENT LOVETT, CONNOR STEVENS, CHRISTOPHER GRIEF, JOSEPH RECTOR, ROBERT BLACK, ABOLITIONIST LAW CENTER, ROBERT BARROCA, VERNON REID, SCOTT PETRIE, JAMES MITCHELL, MANUEL GAUNA, DAVID CILLA, GEORGE JEFFERSON, III, JEREMY MACK, MICHAEL SCHUTTPELZ, RONALD MYERS, JASON PALACIOS, JEREMY HAMMOND, AUBURN CALLOWAY, DAVID ROSTAN, MARK JORDAN, CORVAIN COOPER, FRIENDS OF LILLEY CORNETT WOODS AND THE NORTH FORK RIVER WATERSHED.(ztth) (Entered: 04/30/2019)	April 23, 2019	April 23, 2019 RECAP
	Order on Motion for Leave to Appear Pro Hac Vice	April 24, 2019	April 24, 2019 PACER
	MINUTE ORDER GRANTING 10 Motion for Admission Pro Hac Vice of MARIANNE CUFONE. So ORDERED by Judge James E. Boasberg on 4/24/2019. (lcjeb2)	April 24, 2019	April 24, 2019 PACER
	MINUTE ORDER GRANTING 11 Motion for Admission Pro Hac Vice of ALEXANDER HEWE BOLLAG. So ORDERED by Judge James E. Boasberg on 4/24/2019. (lcjeb2)	April 24, 2019	April 24, 2019 PACER
13	Unopposed MOTION for Extension of Time to Respond to Second Amended Complaint by BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Duffy, Sean) (Entered: 05/01/2019)	May 1, 2019	May 1, 2019 PACER
	Order on Motion for Extension of Time to	May 2, 2019	May 2, 2019 PACER
	Set/Reset Deadlines	May 2, 2019	May 2, 2019 PACER
	MINUTE ORDER GRANTING Defendants' 13 Motion for Extension of Time. The Court ORDERS that Defendants shall respond to Plaintiffs' Amended Complaint by May 28, 2019. So ORDERED by Judge James E. Boasberg on 5/2/2019. (lcjeb2)	May 2, 2019	May 2, 2019 PACER
	Set/Reset Deadlines: Responses due by 5/28/2019. (znbn)	May 2, 2019	May 2, 2019 PACER
14	Unopposed MOTION for Extension of Time to File Answer by BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Duffy, Sean) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
	Order on Motion for Extension of Time to Answer	May 24, 2019	May 24, 2019 PACER
	Set/Reset Deadlines	May 24, 2019	May 24, 2019 PACER
	MINUTE ORDER GRANTING Defendants' 14 Motion for Extension of Time. The Court ORDERS that Defendants shall respond to Plaintiffs' Amended Complaint by June 28, 2019. So ORDERED by Judge James E. Boasberg on 5/24/2019. (lcjeb2)	May 24, 2019	May 24, 2019 PACER
	Set/Reset Deadlines: Responses due by 6/28/2019. (znbn)	May 24, 2019	May 24, 2019 PACER
15	Third MOTION for Extension of Time to File Answer by BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Duffy, Sean) (Entered: 06/27/2019)	June 27, 2019	June 27, 2019 PACER
	Order on Motion for Extension of Time to Answer	June 27, 2019	June 27, 2019 PACER
	Set/Reset Deadlines	June 27, 2019	June 27, 2019 PACER
	MINUTE ORDER GRANTING 15 Motion for Extension of Time. The Court ORDERS that Defendants shall respond to Plaintiffs' Second Amended Complaint by July 19, 2019. So ORDERED by Judge James E. Boasberg on 6/27/2019. (lcjeb1)	June 27, 2019	June 27, 2019 PACER
	Set/Reset Deadlines: Answer to Second Amended Complaint due by 7/19/2019 (lsj)	June 27, 2019	June 27, 2019 PACER
16	Joint MOTION to Hold in Abeyance For 30 Days by BUREAU OF PRISONS (Duffy, Sean) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
	Order on Motion to Hold in Abeyance	July 18, 2019	July 18, 2019 PACER
	MINUTE ORDER: The Court ORDERS that the parties' 16 Joint Motion is GRANTED, the case shall be STAYED until August 19, 2019, and the parties shall submit a joint status report by that date. So ORDERED by Judge James E. Boasberg on 7/18/2019. (lcjeb2)	July 18, 2019	July 18, 2019 PACER
	Set/Reset Deadlines: Joint Status Report due by 8/19/2019. (znbn)	July 18, 2019	July 18, 2019 PACER
	Case Stayed until 8/19/2019. (znbn)	July 18, 2019	July 18, 2019 PACER
	Case Stayed	July 19, 2019	July 19, 2019 PACER
	Set/Reset Deadlines	July 19, 2019	July 19, 2019 PACER
17	Joint STATUS REPORT by BUREAU OF PRISONS, HUGH J. HURWITZ. (Duffy, Sean) (Entered: 08/19/2019)	Aug. 19, 2019	Aug. 19, 2019 PACER
	.Order	Aug. 20, 2019	Aug. 20, 2019 PACER
	Set/Reset Deadlines	Aug. 20, 2019	Aug. 20, 2019 PACER
	MINUTE ORDER: The Court ORDERS that the parties shall file either a stipulation of dismissal or a further status report by September 4, 2019. So ORDERED by Judge James E. Boasberg on 08/20/2019. (lcjeb2)	Aug. 20, 2019	Aug. 20, 2019 PACER
	Set/Reset Deadlines: Stipulation of dismissal or a further status report due by 9/4/2019. (znbn)	Aug. 20, 2019	Aug. 20, 2019 PACER
18	NOTICE of Voluntary Dismissal by All Plaintiffs (Bollag, Alexander) (Entered: 09/04/2019)	Sept. 4, 2019	Sept. 4, 2019 RECAP
	.Order	Sept. 5, 2019	Sept. 5, 2019 PACER
	VACATED PURSUANT TO MINUTE ORDER FILED 9/11/2019.....MINUTE ORDER: Per the parties' 18 Stipulation of Dismissal, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 09/05/2019. (lcjeb2) Modified on 9/13/2019 (znmw).	Sept. 5, 2019	Sept. 5, 2019 PACER
19	Joint MOTION to Amend/Correct September 5, 2019 Minute Order by ABOLITIONIST LAW CENTER, ROBERT BARROCA, ROBERT BLACK, AUBURN CALLOWAY, DAVID CILLA, CORVAIN COOPER, FRIENDS OF LILLEY CORNETT WOODS AND THE NORTH FORK RIVER WATERSHED, MANUEL GAUNA, CHRISTOPHER GRIEF, JEREMY HAMMOND, GEORGE JEFFERSON, III, MARK JORDAN, BRENT LOVETT, JEREMY MACK, JAMES MITCHELL, RONALD MYERS, JASON PALACIOS, SCOTT PETRIE, JOSEPH RECTOR, VERNON REID, DAVID ROSTAN, MICHAEL SCHUTTPELZ, CONNOR STEVENS (Bollag, Alexander) (Entered: 09/10/2019)	Sept. 10, 2019	Sept. 10, 2019 PACER
	Order on Motion to Amend/Correct	Sept. 11, 2019	Sept. 11, 2019 PACER
	MINUTE ORDER GRANTING Joint 19 Motion to Amend/Correct. The Court ORDERS that its Minute Order of September 5, 2019, is hereby VACATED and further ORDERS that the case is DISMISSED WITHOUT PREJUDICE. So ORDERED by Judge James E. Boasberg on 09/11/2019. (lcjeb2)	Sept. 11, 2019	Sept. 11, 2019 PACER