Case: Saleh v. Federal Bureau of Prisons

1:05-cv-02467 | U.S. District Court for the District of Colorado

Filed Date: Dec. 7, 2005

Closed Date: July 31, 2012

Clearinghouse coding complete

Case Summary

This is a case challenging the Federal Bureau of Prisons (BOP) policies towards certain incarcerated Arab-Muslim men immediately in the aftermath of the 9/11 attacks. On December 7, 2005, the plaintiff brought this suit, pro se, in the U.S. District Court for the District of Colorado. He sued the U.S. Attorney General and the Director of the Federal Bureau of Prisons. The plaintiff sought injunctive and declaratory relief to be transferred back to general population prison after he was placed i…

This is a case challenging the Federal Bureau of Prisons (BOP) policies towards certain incarcerated Arab-Muslim men immediately in the aftermath of the 9/11 attacks. On December 7, 2005, the plaintiff brought this suit, pro se, in the U.S. District Court for the District of Colorado. He sued the U.S. Attorney General and the Director of the Federal Bureau of Prisons. The plaintiff sought injunctive and declaratory relief to be transferred back to general population prison after he was placed in solitary confinement at United States Penitentiary, Administrative Maximum Prison in Florence, Colorado (ADX) without notice or hearing. ADX is the most restrictive prison operated by the BOP. The plaintiff asserted that the BOP’s policies violated his Fifth Amendment’s Due Process and Equal Protection rights and the Eighth Amendment’s Cruel and Unusual Punishment Clause. The case was assigned to Magistrate Judge Boyd N. Boland.

The plaintiff was incarcerated for his role in the 1993 World Trade Center bombings; after the second World Trade Center attacks, the plaintiff was removed from the general population at the facility where he was incarcerated and placed in administrative segregation. He was then transferred to ADX where his freedoms were severely limited. The plaintiff was restricted to indefinite solitary confinement for 23 hours a day, discouraged from communicating with people in cells next to his, took his recreation and meals alone, was strip-searched, handcuffed, and shackled when transported back to his cell. The prison only provided limited access to mental health care and did not permit the plaintiff to participate in social or religious group activities or hold jobs in the prison system. The plaintiff was also prohibited from enrolling in the Step-Down Program, which allowed individuals to move from solitary confinement at ADX to a less restrictive housing assignment and eventually a less limiting facility.

The plaintiff filed an amended complaint on October 10, 2006. The amended complaint did not name the U.S. Attorney General and the Director of the Federal Bureau of Prisons defendants, but rather named eight BOP employees in their individual capacities only. In this amended complaint, the plaintiff alleged violations of his religious rights protected by the First Amendment’s Free Exercise Clause, RFRA, and the Religious Land Use And Institutionalized Persons Act (RLIUPA). The prison had denied the plaintiff access to an Imam, religious programs in Arabic, Islamic correspondence courses in the U.S., Halal food, lamb meat for Islamic feasts, and group prayers. The plaintiff also added a new cause of action for relief under the Alien Tort Claims Act and the Torture Victim Protection Act, claiming he was denied his required one hour of outdoor recreation time per day. He also alleged that the defendants violated his First and Fifth Amendment rights by repeatedly delaying the delivery of his incoming and outgoing mail.

On February 23, 2007, the plaintiff amended the complaint again. This complaint named two additional defendants, the previous warden at ADX and the FBI agent assigned to ADX. This complaint described the plaintiff’s claims in more detail and listed the administrative remedies the plaintiff had exhausted for his claims. Furthermore, the plaintiff added an Eighth Amendment claim that he was subjected to cruel and unusual punishment. Sometimes for weeks at a time, he was denied access to exercise, fresh air, and sunlight.

Up until this point, the plaintiff had been representing himself. On May 12, 2007, the Civil Rights Clinic at the University of Denver Sturm College of Law filed a notice of entry of appearance on behalf of the plaintiff. On July 30, 2007, the plaintiff filed a third amended complaint now naming the BOP, the Director of the Federal Bureau of Prisons and thirteen other defendants in their official capacities. The plaintiff added two new claims for violations of his Fourteenth Amendment rights to equal protection on the basis of national origin and religion. This complaint no longer claimed violations of RLIUPA, the Alien Tort Claims Act, the Torture Victim Protection Act, or plaintiff’s First and Fifth Amendment rights regarding his mail. Additionally, the new complaint sought relief for attorney’s fees.

The case was reassigned to Magistrate Judge Kirsten L. Mix on August 2, 2007.

Meanwhile, other individuals had filed separate, similar federal lawsuits regarding their confinement at ADX. The court consolidated this case with those two others (05-cv-02467, 06-cv-01747, and 07-cv-00021) on September 24, 2007. These two additional plaintiffs were also incarcerated for their roles in the 1993 World Trade Center bombings and, following 9/11, were moved to ADX. The plaintiffs filed their first consolidated complaint on September 28, 2007. This complaint removed the plaintiffs’ Fourteenth Amendment claims.

On October 18, 2007, the defendants filed a motion to dismiss the individually named defendants, asserting the suit was only properly brought against the BOP. Before this motion could be decided, the plaintiffs were granted leave to amend their complaint and they filed their first amended consolidated complaint on January 11, 2008. The plaintiffs included new facts regarding their transfers from general population to administrative segregation on September 11, 2001. They also added the U.S. Attorney General as a defendant. In response, the defendants moved to dismiss this first amended consolidated complaint on February 12, 2008, arguing that the statute of limitations barred plaintiffs’ Equal Protection claim and that the plaintiffs’ due process claim should be dismissed on jurisdictional, standing, and mootness grounds. They argued that the plaintiffs failed to state a claim that they had a liberty interest in placement in the Step-Down Unit Program or that the defendants’ delay or failure to place them in the program violated their Fifth Amendment due process right. Additionally, the defendants reasserted their motion to dismiss the individually named defendants.

On April 23, 2008, the parties voluntarily dismissed the plaintiffs’ claim that the defendants violated the cruel and unusual punishment clause of the Eight Amendment by limiting their access to outdoor exercise and recreation.

On July 29, 2008, Magistrate Judge Kirsten L. Mix addressed the motion to dismiss. She recommended that the court: (1) dismiss the individually named defendants with prejudice; (2) grant the defendants’ motion to dismiss the plaintiffs’ Fifth Amendment claim regarding their segregation from the general population prior to their transfer to ADX; and (3) dismiss the due process claim for the two plaintiffs who had been placed in the Step-Down program. But she recommended dismissing the motion for the individual who was not placed in that program and allowing that claim to proceed.

Over the next few months, the parties went back and forth objecting to the court’s report and recommendation.

As a result of these negotiations, the parties filed a stipulated settlement agreement on December 29, 2008, resolving the plaintiffs’ claims regarding violations of their right to free exercise of their religion, to practice religion in accordance with RFRA, and to equal treatment of their religious practices under the Equal Protection Clause. The agreement permitted the plaintiffs to conduct group prayers and religious activities, access high-quality Islamic materials, meet with a religious leader on at least a weekly basis, and participate in correspondence courses.

Pursuing the still outstanding claims, the plaintiffs filed their second amended consolidated complaint on February 6, 2009. The court ordered them to amend their complaint to add facts about one of the plaintiff’s removal from the Step-Down program which occurred after Judge Mix’s first recommendation. For that plaintiff, she had initially recommended the case's dismissal. In light of the amended complaint, the defendants agreed that the plaintiff now had standing again to bring a claim about the defendants barring him from the Step-Down program. Judge Mix submitted an amended report and recommendation on March 6, 2009, ordering that this claim was no longer moot for that plaintiff. In the following weeks, the plaintiffs filed an objection to the report and recommendation and the defendants responded to their objection.

On September 29, 2009, District Judge Philip A. Brimmer issued an order accepting in part and overruling in part Judge Mix’s recommendations. Judge Brimmer accepted the recommendation to dismiss the individual defendants and the plaintiffs' claim that they were unduly segregated after 9/11 because it was time-barred. Judge Brimmer, rejecting Judge Mix’s recommendation, ruled that the plaintiff who had been admitted to the Step-Down program nonetheless had standing to assert his due process claim related to his initial exclusion from the program. And Judge Brimmer accepted the recommendation permitting the two plaintiffs, who were not enrolled in the Step-Down program, to pursue their due process claims concerning their denial of entry into the program. 2009 WL 3158120.

For the next several months, the parties engaged in discovery. On March 22, 2010, both parties moved the court for summary judgment. On November 23, 2010, Magistrate Judge Mix issued a report and recommendation regarding the parties’ motions; she recommended that summary judgment be granted for the defendants on all claims and the plaintiffs’ motion for summary judgment be denied. She explained that the plaintiffs did not have a liberty interest protected by the due process clause from their confinement at ADX as it was not atypically restrictive. She found the defendants’ rationale to move the plaintiffs to ADX for their terrorism offenses despite the plaintiffs past good behavior compelling. Judge Mix recommended dismissing the plaintiffs’ claim that they were denied due process to be placed in the Step-Down program because the process of reviewing individuals for the program had changed significantly since the plaintiffs were initially denied access.

After filing their second amended consolidated complaint in February 2009, the prison had admitted each of the plaintiffs to the Step-Down program and moved them to less restrictive populations. One plaintiff was transferred to the marginally less-restrictive unit at ADX in April 2007. By May 2008, he was placed in a pre-transfer unit, awaiting eventual relocation from ADX. Another plaintiff was transferred to the less restrictive unit in October 2009. At the time of the defendant’s filing their motion for summary judgment, the third plaintiff had been transferred out of ADX.

On December 29, 2010, Judge Brimmer granted the defendant’s motion for summary judgment on all claims and entered judgment in favor of the defendants. As a result of that order, the plaintiffs filed an appeal in the United States Court of Appeals for the Tenth Circuit on February 15, 2011 (11-1072). The case was consolidated with that of a plaintiff who was also represented by the Civil Rights Clinic at the University of Denver (Rezaq v. Nalley, 07-cv-02483). The Rezaq plaintiff had been incarcerated for his involvement in the 1985 hijacking of EgyptAir Flight 648. He had similarly filed suit in 2007 against the BOP and other named officials challenging his transfer to ADX and the restrictive conditions of his confinement. District Court Judge Lewis T. Babcock had also granted summary judgement for the defendants in this case. At the time of the appeal, the plaintiffs had each been transferred out of ADX to less restrictive BOP facilities.

On July 4, 2011, the defendants filed a brief in the Tenth Circuit arguing that the plaintiffs’ claims were moot because they were no longer housed at ADX and the challenged procedures of transferring the plaintiffs to ADX without notice or hearing were no longer in effect.

In the Tenth Circuit, on April 20, 2012, Circuit Judge Mary B. Briscoe ruled that the plaintiffs’ claims were not moot because (1) they had never returned to their pre-ADX general population facilities but were held in Communications Management Units (CMU) which, other than ADX, are the most restrictive facilities operated by the BOP; and (2) there was still some meaningful prospective relief available for the plaintiffs. However, Judge Briscoe ruled that the plaintiffs did not have a liberty interest in avoiding the conditions of their confinement at ADX for four reasons: (1) the BOP had a unique penological interest in addressing national security risks that justified the plaintiffs’ placements at ADX; (2) the conditions at ADX are not extreme; (3) placement at ADX does not lengthen a person’s sentence; and (4) the plaintiffs’ placements at ADX were not indefinite. 677 F.3d 1001. Judge Briscoe affirmed the judgments of the district court. On July 23, the circuit court denied the plaintiffs motion for rehearing en banc. This case is now closed.

Summary Authors

Devon Schmidt (10/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4730296/parties/saleh-v-federal-bureau-of-prisons/

Judge(s)

Brimmer, Philip A. (Colorado)

Attorney for Plaintiff

Brownstein, Rhonda Cheryl (Colorado)

Collins, Darryl (Colorado)

Attorney for Defendant

Brieschke, Ben (Colorado)

Chriss, Margaret J (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:05-cv-02467

0:05-cv-01315

0:11-01072

Docket [PACER]

July 31, 2012

July 31, 2012

Docket
1-1

1:05-cv-02467

Complaint for Violation of Civil Rights

Saleh v. Gonzalez

U.S. District Court for the District of District of Columbia

Dec. 7, 2005

Dec. 7, 2005

Complaint
244-2

1:05-cv-02467

Stipulated Settlement Agreement

Saleh v. BOP

Dec. 29, 2008

Dec. 29, 2008

Settlement Agreement
251

1:05-cv-02467

Second Amended Consolidated Complaint

Feb. 6, 2009

Feb. 6, 2009

Pleading / Motion / Brief
265

1:05-cv-02467

Order Accepting in Part and Overruling in Part Magistrate Judge's Recommendations

Sept. 29, 2009

Sept. 29, 2009

Order/Opinion
373

1:05-cv-02467

Order Accepting Magistrate Judge's Recommendations

Dec. 29, 2010

Dec. 29, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4730296/saleh-v-federal-bureau-of-prisons/

Last updated July 2, 2025, 9:42 p.m.

ECF Number Description Date Link Date / Link
1

Case transferred in from District of Columbia; Case Number 05-cv-01315-CKK. Original file certified copy of transfer order and docket sheet received., filed by Mohammed Saleh. (Attachments: # 1 Part 1, complaint for violation of civil rights# 2 document 1, part 2 letters and certified mail receipt# 3 application to proceed without prepayment of fees and affidavit# 4 order directing respondents to show cause# 5 process receipt and return# 6 process receipt and return# 7 process receipt and return# 8 U.S. motion for extension of time to respond to petition# 9 Order# 10 respondents' motion to transfer petition# 11 public information# 12 Order# 13 Order# 14 transfer order# 15 plaintiff's response to defendants' motion to transfer# 16 affidavit for entry of default# 17 default# 18 order vacating clerk's entry of default# 19 motion for reconsideration)(bpm, ) (Additional attachment(s) added on 1/8/2008: # 20 Docket Sheet for case in District of Columbia 05-cv-01315-CKK) (sss, ). (Entered: 12/08/2005)

1 Part 1, complaint for violation of civil rights

View on RECAP

2 document 1, part 2 letters and certified mail receipt

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3 application to proceed without prepayment of fees and affidavit

View on PACER

4 order directing respondents to show cause

View on PACER

5 process receipt and return

View on PACER

6 process receipt and return

View on PACER

7 process receipt and return

View on PACER

8 U.S. motion for extension of time to respond to petition

View on PACER

9 Order

View on PACER

10 respondents' motion to transfer petition

View on PACER

11 public information

View on PACER

12 Order

View on PACER

13 Order

View on PACER

14 transfer order

View on PACER

15 plaintiff's response to defendants' motion to transfer

View on PACER

16 affidavit for entry of default

View on PACER

17 default

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18 order vacating clerk's entry of default

View on PACER

19 motion for reconsideration

View on PACER

20 Docket Sheet for case in District of Columbia 05-cv-01315-CKK

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Dec. 7, 2005

Dec. 7, 2005

PACER
2

COMPLAINT against Alberto Gonzales, Harley G. Lappin, filed by Mohammed Saleh. Text only entry - no document attached.(bpm, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
3

Letter from deputy clerk advising of transfer of case to District of Colorado and case number re 1 Case Transferred In - District Transfer. (bpm, ) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
4

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland (Including Dispositive Motions) by Judge Nottingham. (gms, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
5

MOTION to Consolidate Cases 05-cv-02467-EWN-BNB and 05-cv-01431-OES by Petitioner Mohammed Saleh. (pap, ) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
6

MEMORANDUM referring to Magistrate Judge Boland : 5 MOTION to Consolidate Cases filed by Mohammed Saleh, by Judge Edward W. Nottingham on 12/19/05. (Text Only Entry - No Document Attached)(pap, ) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
7

ORDER denying 5 Plaintiff's Motion to Consolidate Cases 05-cv-02467-EWN-BNB and 05-cv-01431-OES . Signed by Magistrate Judge Boyd N. Boland on 1/30/06. (pap, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

RECAP
8

ORDER TO ANSWER: directed to Defendants. Response due by 2/20/2006.Signed by Magistrate Judge Boyd N. Boland on 1/30/06. (pap, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
9

MINUTE ORDER Status Conference set for 3/30/2006 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 2/27/06. (pap, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
10

AMENDED CERTIFICATE of Mailing by Clerk of Court re 9 Order. (pap, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
11

AFFIDAVIT (MOTION) for Entry of Default as to Respondents (By the Clerk of the Court) by Petitioner Mohammed Saleh. (pap, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
12

MOTION to Appoint Counsel by Petitioner Mohammed Saleh. (pap, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
13

MEMORANDUM referring to Magistrate Judge Boland : 12 MOTION to Appoint Counsel filed by Mohammed Saleh, by Judge Edward W. Nottingham on 3/23/06.(Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

PACER
14

ANSWER to Complaint by Alberto Gonzales, Harley G. Lappin.(Pharo, William) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

PACER
15

Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. Status Conference held on 3/30/2006. (Court Reporter FTR-G. MATTEI.) (bnbcd, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
16

MEMORANDUM referring to Magistrate Judge Boland : 11 MOTION for Entry of Default as to filed by Mohammed Saleh, by Judge Edward W. Nottingham on 4/4/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

PACER
17

ORDER denying 12 Plaintiff's Motion to Appoint Counsel . Signed by Magistrate Judge Boyd N. Boland on 4/4/06. (pap, ) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

PACER
18

ORDER denying 11 Plaintiff's AFFIDAVIT (MOTION) for Entry of Default as to Respondents (By the Clerk of the Court). Signed by Magistrate Judge Boyd N. Boland on 4/4/06. (pap, ) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

PACER
19

MOTION/Letter For Extension of Time to Respond to Defendants Answer by Petitioner Mohammed Saleh. (pap, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
20

MEMORANDUM referring to Magistrate Judge Boland : 19 MOTION For Extension of Time to filed by Mohammed Saleh, by Judge Edward W. Nottingham on 4/12/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
21

ORDER Denying 19 Plaintiff's MOTION/Letter For Extension of Time to Respond to Defendants Answer. Signed by Magistrate Judge Boyd N. Boland on 4/13/06. (pap, ) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER
22

MOTION to Amend 2 Complaint by Petitioner Mohammed Saleh. (pap, ) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
23

MEMORANDUM referring to Magistrate Judge Boland : 22 MOTION to Amend/Correct/Modify 2 Complaint filed by Mohammed Saleh, by Judge Edward W. Nottingham on 4/19/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
24

ORDER denying without prejudice, subjec to compliance with this order, Plaintiff's 22 Motion for Leave to File an Amended Complaint. Signed by Magistrate Judge Boyd N. Boland on 5/1/06. (gms, ) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

RECAP
25

MOTION For Extension of Time to Comply with the Court Order by Petitioner Mohammed Saleh. (pap, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
26

MEMORANDUM referring to Magistrate Judge Boland : 25 MOTION For Extension of Time to Comply with Court Order filed by Mohammed Saleh, entered by Judge Edward W. Nottingham on 5/10/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
27

MINUTE ORDER Granting 25 MOTION For Extension of Time to Comply with the Court Order. Plaintiff may file a Motion for Leave to File an Amended Complaint on or before 6/23/06 . Entered by Magistrate Judge Boyd N. Boland on 5/11/06. (pap, ) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
28

LETTER/MOTION For Extension of Time 10-14 days to submit Motion for Leave to File an Amended Complaint by Petitioner Mohammed Saleh. (pap, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
29

MEMORANDUM referring to Magistrate Judge Boland : 28 MOTION For Extension of Time filed by Mohammed Saleh, entered by Judge Edward W. Nottingham on 6/23/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
30

MINUTE ORDER Granting 28 Plaintiff's LETTER/MOTION For Extension of Time 10-14 days to submit Motion for Leave to File an Amended Complaint . Plaintiff may file a Motion for Leave to File an Amended Complaint on or before 7/7/06. Entered by Magistrate Judge Boyd N. Boland on 6/23/06. (pap, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
31

(Proposed) FIRST AMENDED COMPLAINT against Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle, Ron Wiley, Cliff A. Young, filed by Mohammed Saleh. (Attachments: # 1 Exhibits)(pap, ) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

PACER
32

Docket Annotation re: 31 Amended Complaint, Amended Complaint is ONLY a Tendered Proposed Amended Complaint. Text only entry - no document attached. (pap2, ) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
33

MINUTE ORDER re: 31 Proposed First Amended Complaint filed by Mohammed Saleh. Defendants shall responde to the Motion on or before 7/27/06 . Entered by Magistrate Judge Boyd N. Boland on 7/10/06. (pap, ) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
34

OBJECTIONS to 31 Amended Complaint Defendant's Objection to Plaintiff's Proposed First Amended Complaint by Defendants Alberto Gonzales, Harley G. Lappin. (Attachments: # 1 Exhibit A)(Pharo, William) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
35

REPLY to 34 Objections to Plaintiff's Proposed First Amended Complaint by Plaintiff Mohammed Saleh. (pap, ) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
36

ORDER Granting 22 MOTION to Amend 2 Complaint filed by Mohammed Saleh. Clerk to accept for filng the proposed first amended complaint. Constitutional claims are brought against the BOP employees in their individual capacities only. Signed by Magistrate Judge Boyd N. Boland on 10/10/06. (gms, ) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

RECAP
37

First AMENDED COMPLAINT against Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle, filed by Mohammed Saleh. (Attachments: # 1 Exhibits)(gms, ) (Entered: 10/10/2006)

1 Exhibits

View on PACER

Oct. 10, 2006

Oct. 10, 2006

RECAP
38

ORDER Granting Service by U.S. Marshal. Signed by Magistrate Judge Boyd N. Boland on 10/10/06. (Attachments: # 1 Certified Mail Receipt)(gms, ) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

RECAP
39

Acknowledgment (AFFIDAVIT/RETURN) of Service by U.S. Attorney on 10/12/06 (gms, ) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
40

MOTION to have the new defendants servied by U.S. Marshal by Plaintiff Mohammed Saleh. (pap, ) (Entered: 10/18/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
41

MEMORANDUM regarding 40 MOTION to filed by Mohammed Saleh. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 10/18/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
42

MINUTE ORDER Denying as Moot 40 Plaintiff's MOTION to have the new defendants served by U.S. Marshal. Entered by Magistrate Judge Boyd N. Boland on 10/18/06.(pap, ) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

RECAP
43

Return Receipt for SUMMONS Returned Executed by Certified Mail to United States Attorney General. (pap, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
44

Docket Annotation. The notification to Margaret Chriss has been terminated upon the instructions of chambers. Ms. Chriss is not registered for ECF and the defendants she represents were terminated as of 10/10/06. Text only entry - no document attached. (gms, ) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

PACER
45

ANSWER to Amended Complaint by Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle.(Pharo, William) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
46

SUMMONS Returned Executed: FNU Shartle served on 12/11/2006, answer due 1/1/2007. Actually titled Waiver of Service of Summons and Complaint. (pap, ) (Entered: 12/12/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
47

SUMMONS Returned Executed: Ron Wiley served on 12/11/2006, answer due 1/1/2007. Actually titled Waiver of Service of Summons and Complaint.(pap, ) (Entered: 12/12/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
48

MOTION for Leave to File Second Amended Complaint by Plaintiff Mohammed Saleh. (pap, ) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
49

MEMORANDUM regarding 48 MOTION for Leave to File Second Amended Complaint filed by Mohammed Saleh. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 12/12/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
50

Docket Annotation re: 45 Answer to Amended Complaint, Incorrect pdf attached, counsel to refile. Text only entry - no document attached. (pap2, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
51

ANSWER to 37 Amended Complaint by Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle.(Pharo, William) (Modified on 12/13/2006 to create link to Amended Complaint) (pap2, ). (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
52

SUMMONS Returned Executed Defendant Lisa Braren served on 12/18/2006, answer due 1/7/2007. Actually titled Waiver of Service of Summons and Complaint.(pap, ) Modified on 12/19/2006 (pap2, ). (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
53

Utility Resetting Answer Deadline: Re: 52 Summons Return Executed. Answer date was entered incorrectly. Lisa Braren's correct answer due date is 1/7/2007. Text only entry - no document attached. (pap, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
54

SUMMONS Returned Executed. Cruz served on 12/15/2006, answer due 1/4/2007. Actually titled Waiver of Service of Summons and Complaint. (pap, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
55

SUMMONS Returned Executed, Keith Powley served on 12/18/2006, answer due 1/8/2007. Actually titled Waiver of Service of Summons and Complaint. (pap, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
56

SUMMONS Returned Executed. Linda Barnhart served on 12/19/2006, answer due 1/8/2007. Actually titled Waiver of Service of Summons and Complaint. (pap, ) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
57

OBJECTIONS to 48 MOTION for Leave to File Second Amended Complaint by Defendants Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle. (Pharo, William) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
58

Docket Annotation re: 57 Objection. Objection is actually a response to motion, counsel to refile. Text only entry - no document attached. (pap2, ) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
59

RESPONSE to Motion re 48 MOTION for Leave to File Second Amended Complaint filed by Defendants Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle. (Pharo, William) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
60

SUMMONS Returned Executed. Young served on 12/27/2006, answer due 1/16/2007. Actually titled Waiver of Service of Summons and Complaint. (pap, ) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
61

ORDER Denying 48 Motion for Leave to File 2nd Amended Complaint. Signed by Magistrate Judge Boyd N. Boland on 1/5/07.(pap, ) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

RECAP
62

SUMMONS Returned Executed by Robert A. Hood. *Incorrectly titled Waiver of Service of Summons and Complaint. (dln, ) (Entered: 01/12/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
63

MOTION to Amend 37 First Amended Complaint by Plaintiff Mohammed Saleh. (Attachments: # 1 Proposed Second Amended Complaint)(pap, ) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
64

MEMORANDUM regarding 63 MOTION to Amend 37 Amended Complaint filed by Mohammed Saleh. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 1/19/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
65

RESPONSE to Motion re 63 MOTION to Amend/Correct/Modify 37 Amended Complaint filed by Defendants Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Cruz, Robert A. Hood, Keith Powley, Shartle. (Pharo, William) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

PACER
66

ORDER Granting 63 Plaintiff's Motion for Leave to File 2nd Amended Complaint. Signed by Magistrate Judge Boyd N. Boland on 2/22/07.(pap, ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

RECAP
67

SECOND AMENDED COMPLAINT against Tommy Gomez, David Johnson, Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Maureen Cruz, Robert A. Hood, Keith Powley, Shartle, filed by Mohammed Saleh.(pap, ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

RECAP
68

ORDER Granting Service by United States Marshal. Signed by Magistrate Judge Boyd N. Boland on 2/26/07. (pap, ) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

RECAP
69

ANSWER to Amended Complaint by Ron Wiley, Cliff A. Young, Linda Barnhart, Lisa Braren, Maureen Cruz, Robert A. Hood, Keith Powley, John T. Shartle.(Pharo, William) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
70

SUMMONS Returned Executed by Tommy Gomez. Tommy Gomez served on 3/9/2007, answer due 3/29/2007. Actually titled Waiver of Service of Summons and Complaint.(pap, ) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER
71

Gomez' ANSWER to Amended Complaint by Tommy Gomez.(Pharo, William) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

PACER
72

NOTICE of Entry of Appearance by Laura Lee Rovner on behalf of Mohammed Saleh (Rovner, Laura) (Entered: 05/12/2007)

May 12, 2007

May 12, 2007

PACER
73

MOTION for Leave to File Third Amended Complaint by Plaintiff Mohammed Saleh. (Attachments: # 1 Proposed Document Third Amended Complaint# 2 Proposed Order (PDF Only))(Rovner, Laura) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

PACER
74

MEMORANDUM regarding 73 MOTION for Leave to File Third Amended Complaint filed by Mohammed Saleh. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 6/15/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

PACER
75

MINUTE ORDER Defendants shall respond on or before 7/9/07 to 73 Plaintiff's MOTION for Leave to File Third Amended Complaint. Entered by Magistrate Judge Boyd N. Boland on 6/18/07. (pap, ) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

PACER
76

NOTICE of Entry of Appearance of Counsel by Daniel Edward Manville on behalf of Mohammed Saleh (Manville, Daniel) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
77

First MOTION for Order to file 3rd amended complaint and setting of scheduling conference by Plaintiff Mohammed Saleh. (Attachments: # 1 Exhibit Exhibit Listing# 2 Exhibit Proposed order allowing file 3d amended complaint and setting scheduling order)(Manville, Daniel) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
78

MEMORANDUM regarding 77 First MOTION for Order to file 3rd amended complaint and setting of scheduling conference filed by Mohammed Saleh. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W. Nottingham on 7/11/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

PACER
79

Joint MOTION to Consolidate Cases by Defendants Ron Wiley, Cliff A. Young, Tommy Gomez, David Johnson, Linda Barnhart, Lisa Braren, Maureen Cruz, Robert A. Hood, Keith Powley, John T. Shartle. (Attachments: # 1 Exhibit A-1 "Saleh Complaint"# 2 Exhibit A-2 "Nosair Complaint"# 3 Exhibit A-3 "Elgabrowny Complaint")(Cook, Marcy) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

PACER
80

MEMORANDUM regarding 79 Joint MOTION to Consolidate Cases filed by Maureen Cruz, Cliff A. Young, Keith Powley, Tommy Gomez, John T. Shartle, Robert A. Hood, Ron Wiley, Linda Barnhart, Lisa Braren, David Johnson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W. Nottingham on 7/30/07. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

PACER
81

ORDER Granting 73 Plaintiff's Motion for Leave to File Third Amended Complaint. Signed by Magistrate Judge Boyd N. Boland on 7/30/07.(pap, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

RECAP
82

THIRD AMENDED COMPLAINT for Injunctive and Declaratory Relief against Federal Bureau of Prisons, Harley Lappin, John Vanyur, Kathleen Kenney, G. Hershberger, Michael Nalley, John Shartle, Mark Munson, Harvey Church, D. J. Krist, Javernick, George Knox, Mark Collins, T. Gomez, Tina Sudlow, "FNU" Reilley, D. Law, Jones, Ron Wiley, David Johnson, Maureen Cruz, Keith Powley, filed by Mohammed Saleh.(pap, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

RECAP
83

MINUTE ORDER Denying as Moot 77 First MOTION for Order to file 3rd amended complaint and setting of scheduling conference. Entered by Magistrate Judge Boyd N. Boland on 7/30/07.(pap, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

RECAP
84

ORDER Granting Service by United States Marshal. Signed by Magistrate Judge Boyd N. Boland on 7/30/07. (Attachments: # 1 Certified Mail Receipts)(pap, ) (Entered: 08/01/2007)

July 30, 2007

July 30, 2007

RECAP
85

REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge Patricia A. Coan, this case has been reassigned and is now referred to Kristen L. Mix effective August 6, 2007. All future pleadings should reference Magistrate Judge Mix at the end of the civil action number (such as 05-cv-00500-LTB-KLM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Mix in Courtroom A501. Her chambers are located in Room A542. Her telephone number is 303-844-4892. (Text only entry - no document attached) (gms, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
86

Return Receipt - SUMMONS Returned Executed (by Certified Mail)upon defendant G. Hershberger served on 8/3/2007, answer due 10/2/2007. (pap, ) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
87

Return Receipt - SUMMONS Returned Executed (by certified mail)upon defendant Michael Nalley served on 8/3/2007, answer due 10/2/2007. (pap, ) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
88

(Return Receipt for Certified Mail) SUMMONS Returned Executed upon defendant Federal Bureau of Prisons served on 8/6/2007, answer due 10/5/2007. (pap, ) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
89

(Return Receipt for Certified Mail) SUMMONS Returned Executed upon defendant John Vanyur served on 8/6/2007, answer due 10/5/2007. (pap, ) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
90

Return Receipt for Certified Mail (SUMMONS Returned Executed) upon defendant Harley Lappin served on 8/7/2007, answer due 10/9/2007. (pap, ) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
91

Return Receipt for Certified Mail (SUMMONS Returned Executed)upon defendant Kathleen Kenney served on 8/6/2007, answer due 10/5/2007. (pap, ) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
92

Unopposed MOTION for Extension of Time to File Answer re 82 Amended Complaint, by Defendants Ron Wiley, Cliff A. Young, Tommy Gomez, David Johnson, Federal Bureau of Prisons, Harley Lappin, John Vanyur, Kathleen Kenney, G. Hershberger, Michael Nalley, John Shartle, Mark Munson, Harvey Church, D. J. Krist, Javernick, George Knox, Mark Collins, T. Gomez, Tina Sudlow, "FNU" Reilley, D. Law, Jones, Alberto Gonzales, Harley G. Lappin, Linda Barnhart, Lisa Braren, Maureen Cruz, Robert A. Hood, Keith Powley, John T. Shartle. (Attachments: # 1 Proposed Order (PDF Only))(Cook, Marcy) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
93

MEMORANDUM regarding 92 Unopposed MOTION for Extension of Time to File Answer re 82 Amended Complaint. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 8/14/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
94

MINUTE ORDER Granting 92 Defendants' Unopposed Motion for Extension of Time to Answer 82 Third Amended Complaint, Defendants' shall have up to and including 9/10/2007 to respond to Plaintiff's Third Amended Complaint. Entered by Magistrate Judge Kristen L. Mix on 8/27/07.(pap, ) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
95

Unopposed MOTION for Extension of Time to File Answer re 82 Amended Complaint, by Defendants Ron Wiley, David Johnson, Federal Bureau of Prisons, Harley Lappin, John Vanyur, Kathleen Kenney, G. Hershberger, Michael Nalley, John Shartle, Mark Munson, Harvey Church, D. J. Krist, Javernick, George Knox, Mark Collins, T. Gomez, Tina Sudlow, "FNU" Reilley, D. Law, Jones, Maureen Cruz, Keith Powley. (Attachments: # 1 Proposed Order (PDF Only))(Cook, Marcy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
96

MEMORANDUM regarding 95 Unopposed MOTION for Extension of Time to File Answer re 82 Amended Complaint filed by Harvey Church, "FNU" Reilley, Federal Bureau of Prisons, Kathleen Kenney, Tina Sudlow, Mark Munson, Ron Wiley, John Vanyur, D. J. Krist, John Shartle, Harley Lappin, Michael Nalley, Maureen Cruz, Keith Powley, David Johnson, George Knox, G. Hershberger, Mark Collins, D. Law, Javernick, T. Gomez, Jones. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 9/7/07. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

PACER
97

Minute ORDER granting Defendants' Unopposed 95 Motion for Extension of Time to Answer Third 82 Amended Complaint. Ron Wiley answer due 10/10/2007; David Johnson answer due 10/10/2007; Federal Bureau of Prisons answer due 10/10/2007; Harley Lappin answer due 10/10/2007; John Vanyur answer due 10/10/2007; Kathleen Kenney answer due 10/10/2007; G. Hershberger answer due 10/10/2007; Michael Nalley answer due 10/10/2007; John Shartle answer due 10/10/2007; Mark Munson answer due 10/10/2007; Harvey Church answer due 10/10/2007; D. J. Krist answer due 10/10/2007; Javernick answer due 10/10/2007; George Knox answer due 10/10/2007; Mark Collins answer due 10/10/2007; T. Gomez answer due 10/10/2007; Tina Sudlow answer due 10/10/2007; "FNU" Reilley answer due 10/10/2007; D. Law answer due 10/10/2007; Jones answer due 10/10/2007; Maureen Cruz answer due 10/10/2007; Keith Powley answer due 10/10/2007, by Magistrate Judge Kristen L. Mix on 9/10/07.(gms, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
98

WAIVER OF SERVICE Returned Executed by Michael Nalley. Michael Nalley waiver sent on 9/14/2007, answer due 11/13/2007. (pap, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
99

ORDER Granting 79 Parties' Joint Motion to Consolidate Cases and Vacating and Setting Scheduling Conference: Consolidating cases 05-cv-02467-EWN-KLM (LEAD), 06-cv-01747-EWN-MJW (CONSOL), and 07-cv-00021-MSK-KLM (CONSOL). Granting (Civil Action No. 07-cv-00021-MSK-KLM, Docket No. 48) Defendants' Motion to Vacate Scheduling Conference; Scheduling/Planning Conference is VACATED and RESET to 10/23/07 at 4:30 p.m. in Courtroom A501;. Signed by Magistrate Judge Kristen L. Mix on 9/24/07.(pap, ) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

RECAP
100

Utility Resetting Hearing: Pursuant to 99 Order to Consolidate;Scheduling Conference set for 10/23/2007 04:30 PM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. Text only entry - no document attached. (pap, ) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER

Case Details