Case: National Council of Prison Locals, American Federation of Government Employees v. Federal Bureau of Prisons

National Council of Prisons Locals v. Federal Bureau of Prisons

National Council of Prison Locals, American Federation of Government Employees et al. v. Federal Bureau of Prisons et al.

President Donald Trump

COMPLAINT against Federal Bureau of Prisons, WILLIAM K. MARSHALL, III ( Filing fee $405 receipt number ACTDC-8399882.), filed by NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, CPL-33, AFGE LOCAL 1661, AFL-CIO. (Attachments: # 1 Civil Cover Sheet)(Place, Logan) (Entered: 11/13/2025)

1 Civil Cover Sheet

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Disclosure Statement by NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Place, Logan) (Entered: 11/13/2025)

Disclosure Statement by CPL-33, AFGE LOCAL 1661, AFL-CIO. (Place, Logan) (Entered: 11/13/2025)

MOTION for Attorney(s) Daniel F. Jacobson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399936) by CPL-33, AFGE LOCAL 1661, AFL-CIO, NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Certificate of Good Standing)(Place, Logan) (Entered: 11/13/2025)

MOTION for Attorney(s) Kyla M. Snow to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399973) by CPL-33, AFGE LOCAL 1661, AFL-CIO, NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Certificate of Good Standing)(Place, Logan) (Entered: 11/13/2025)

MOTION for Attorney(s) Lynn D. Eisenberg to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399992) by CPL-33, AFGE LOCAL 1661, AFL-CIO, NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Certificate of Good Standing)(Place, Logan) (Entered: 11/13/2025)

MOTION for Attorney(s) Brian C. Rosen-Shaud to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8400017) by CPL-33, AFGE LOCAL 1661, AFL-CIO, NATIONAL COUNCIL OF PRISON LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Place, Logan) (Entered: 11/13/2025)

Notice: Pursuant to Federal Rule of Civil Procedure 7.1(b), a disclosure statement required under Rule 7.1(a) must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 11/13/2025.(Higgins, J.) (Entered: 11/13/2025)

Order on Pretrial Deadlines: Amended Pleadings due by 1/12/2026, Discovery due by 5/15/2026, and Dispositive Motions due by 6/19/2026 Signed by Clerk on 11/13/2025.(Denault, S) (Entered: 11/14/2025)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 11/13/2025.(Denault, S) (Entered: 11/14/2025)

Standing Protective Order Signed by Judge Vernon D. Oliver on 11/13/2025.(Denault, S) (Entered: 11/14/2025)

Notice to Counsel and Litigants Regarding AI-Assisted Research: Attorneys and pro se litigants alike should exercise great caution in submitting any AI-generated language in filings before the Court. Use of AI without verification of the accuracy of the information it generates like any other shoddy research method from other sources or tools implicates Federal Rule of Civil Procedure 11, the central purpose of which is to deter baseless filings in district court and thus to streamline the administration and procedure of the federal courts. Rule 11 applies fully to actions filed by pro se litigants.Therefore, all parties are on notice that the Court has a no-tolerance policy for any briefing (AI-assisted or not) that hallucinates legal propositions or otherwise severely misstates the law. Such filings will often result in sanctions absent reasonable excuse. See generally Willis v. U.S. Bank Nat'l Ass'n et al, No. 3:25-CV-516-BN, 2025 WL 1408897 (N.D. Tex. May 15, 2025). Signed by Clerk on 11/13/2025.(Denault, S) (Entered: 11/14/2025)

Notice of Option to Consent to Magistrate Judge Jurisdiction.(Denault, S) (Entered: 11/14/2025)

Request to Issue Summons

Notice re: Disclosure Statement

Request for Clerk to issue summons as to Federal Bureau of Prisons. (Place, Logan)

Request for Clerk to issue summons as to WILLIAM K. MARSHALL, III. (Place, Logan)

CASE ASSIGNMENT: District Judge Vernon D. Oliver assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert A. Richardson. (Hushin, Z.)

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 7 MOTION for Attorney(s) Brian C. Rosen-Shaud to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8400017) filed by National Council of Prison Locals, American Federation of Government Employees, CPL-33, AFGE Local 1661, AFL-CIO, 4 MOTION for Attorney(s) Daniel F. Jacobson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399936) filed by National Council of Prison Locals, American Federation of Government Employees, CPL-33, AFGE Local 1661, AFL-CIO, 2 Disclosure Statement filed by National Council of Prison Locals, American Federation of Government Employees, 8 Notice re: Disclosure Statement, 1 Complaint, filed by National Council of Prison Locals, American Federation of Government Employees, CPL-33, AFGE Local 1661, AFL-CIO, 3 Disclosure Statement filed by CPL-33, AFGE Local 1661, AFL-CIO, 10 Electronic Filing Order, 12 Notice re: AI-Assisted Research,,,, 13 Notice of Option to Consent to Magistrate Judge Jurisdiction, 9 Order on Pretrial Deadlines, 5 MOTION for Attorney(s) Kyla M. Snow to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399973) filed by National Council of Prison Locals, American Federation of Government Employees, CPL-33, AFGE Local 1661, AFL-CIO, 11 Standing Protective Order, 6 MOTION for Attorney(s) Lynn D. Eisenberg to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8399992) filed by National Council of Prison Locals, American Federation of Government Employees, CPL-33, AFGE Local 1661, AFL-CIO Signed by Clerk on 11/14/2025.(Denault, S) (Entered: 11/14/2025)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Federal Bureau of Prisons, William K. Marshall, III* with answer to complaint due within *60* days. Attorney *Logan Place* *Livingston, Adler, Pulda, Meiklejohn & Kelly* *557 Prospect Ave.* *Hartford, CT 06105-2922*. (Denault, S) (Entered: 11/14/2025)

ORDER granting 4 Motion to Appear Pro Hac Vice for Attorney Daniel F. Jacobson.. Signed by Clerk on 11/14/2025. (Denault, S) (Entered: 11/14/2025)

ORDER granting 5 Motion to Appear Pro Hac Vice for Attorney Kyla Snow. Signed by Clerk on 11/14/2025. (Denault, S) (Entered: 11/14/2025)

ORDER granting 6 Motion to Appear Pro Hac Vice for Attorney Lynn D. Eisenberg. Signed by Clerk on 11/14/2025. (Denault, S) (Entered: 11/14/2025)

ORDER granting 7 Motion to Appear Pro Hac Vice for Attorney Brian C. Rosen-Shaud. Certificate of Good Standing due by 1/13/2026. Signed by Clerk on 11/14/2025. (Denault, S) (Entered: 11/14/2025)

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Kyla Snow on behalf of CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees (Snow, Kyla) (Entered: 11/17/2025)

NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees (Rosen-Shaud, Brian) (Entered: 11/18/2025)

CERTIFICATE OF GOOD STANDING re 7 MOTION for Attorney(s) Brian C. Rosen-Shaud to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8400017) by CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees. (Attachments: # 1 Certificate of Good Standing)(Rosen-Shaud, Brian) (Entered: 11/19/2025)

Request for Issuance of Summons by CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees. (Denault, S) (Entered: 11/24/2025)

ORDER denying 23 Request to Issue Summons. The Clerk of Court has already issued summons to the Defendants in this case: the Federal Bureau of Prisons and Director William K. Marshall. Plaintiffs now request that the Clerk issue additional summons to Attorney General Pamela Bondi and United States Attorney David Sullivan.Plaintiffs misinterpret the directive of Federal Rule of Civil Procedure 4(i). Under that rule, when serving United States and its agencies or offices, a party must (1) "deliver a copy of the summons and of the complaint to the United States Attorney for the district where the action is brought" and (2) "send a copy of each by registered or certified mail to the Attorney General of the United States." Fed. R. Civ. P. 4(i)(1) (emphasis added).No part of Rule 4(i) requires issuing summons to the Attorney General of the United States and the United States Attorney for the District of Connecticut. It only requires service of the current summons on them—usually via certified mail—so their offices have a record of the case. Accordingly, the Court denies Plaintiffs' 23 Request to Issue Summons.Signed by Judge Vernon D. Oliver on 11/24/2025. (Frostbutter, S) (Entered: 11/24/2025)

Order on Motion for Order

AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney for the District of Connecticut on 11/24/2025, filed by CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees. (Snow, Kyla) (Entered: 12/01/2025)

NOTICE of Appearance by Lynn D Eisenberg on behalf of CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees (Eisenberg, Lynn) (Entered: 12/16/2025)

NOTICE of Appearance by Daniel F. Jacobson on behalf of CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees (Jacobson, Daniel) (Entered: 12/16/2025)

MOTION for Preliminary Injunction and Relief under 5 USC 705 by CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees.Responses due by 1/12/2026 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Brandy White, # 3 Affidavit of Robert Curnan, # 4 Exhibit 1 - OPM revised FAQ, # 5 Exhibit 2- Director's Letter, # 6 Exhibit 3 - The Message, # 7 Text of Proposed Order)(Jacobson, Daniel) (Entered: 12/22/2025)

ORDER. The Court will hold a telephonic status conference regarding the 28 motion for preliminary injunction on December 29, 2025, at 2:00 PM. A separate order with dial-in information shall issue. Parties shall come prepared to discuss anticipated next steps and a briefing schedule for the 28 motion for preliminary injunction. Signed by Judge Vernon D. Oliver on 12/23/2025. (Frostbutter, S) (Entered: 12/23/2025)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 12/29/2025 at 2:00 PM before Judge Vernon D. Oliver. Please use the following information for the call: +1 203-684-6202, and Phone conference ID: 660 102 764#. (Frostbutter, S) (Entered: 12/23/2025)

Order

Calendar Entry

NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Federal Bureau of Prisons, William K. Marshall, III (McConaghy, Michelle) (Entered: 12/29/2025)

Minute Entry for proceedings held before Judge Vernon D. Oliver: Status Conference held on 12/29/2025. Total Time: 0 hours and 25 minutes (Court Reporter Corinne Thomas). (Frostbutter, S) (Entered: 12/29/2025)

ORDER. For the reasons stated on the record at the December 29, 2025, status conference, the Court enters the following briefing schedule on Plaintiffs’ motion for a preliminary injunction. (ECF No. 28, the “Motion”). Defendants’ response to Plaintiffs’ Motion shall be filed on or before February 13, 2026. Plaintiffs’ reply is due February 27, 2026. Oral argument will take place on March 12, 2026, at 10:00 AM. A separate scheduling order shall issue. Signed by Judge Vernon D. Oliver on 12/29/2025. (Frostbutter, S) (Entered: 12/29/2025)

AFFIDAVIT of Service for Summons and Complaint served on the Federal Bureau of Prisons, the Director of the Federal Bureau of Prisons, and the U.S. Attorney General on Dec. 3 & 4, 2025, filed by CPL-33, AFGE Local 1661, AFL-CIO, National Council of Prison Locals, American Federation of Government Employees. (Attachments: # 1 Exhibit 1 - Service on BOP / the Director, # 2 Exhibit 2 - Service on BOP / the Director, # 3 Exhibit 3 - Service on the AG)(Snow, Kyla) (Entered: 12/29/2025)

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NOTICE OF E-FILED CALENDAR re: 28 MOTION for Preliminary Injunction and Relief under 5 USC 705. THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 3/12/2026 at 10:00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vernon D. Oliver. Set Deadlines as to 28 MOTION for Preliminary Injunction: Responses due by 2/13/2026. (Kelsey, N) (Entered: 12/30/2025)

Order

Answer deadline updated for Federal Bureau of Prisons to 2/1/2026; William K. Marshall, III to 2/1/2026. (Denault, S)

Set Deadlines: Rule 26 Meeting Report due by 2/11/2026. (Kelsey, N)

Update Answer Deadline

Calendar Entry - Motion Hearing AND Set Motion and Rcmd Ruling Deadlines/Hearings

NOTICE of Appearance by J. Brian Meskill on behalf of Federal Bureau of Prisons, William K. Marshall, III (Meskill, J. Brian) (Entered: 01/09/2026)

Set Deadlines/Hearings

Consent MOTION for Extension of Time until February 13, 2026 to file responsive pleadings to 1 complaint by Federal Bureau of Prisons, William K. Marshall, III. (Meskill, J. Brian) (Entered: 01/22/2026)

ORDER granting 37 Motion for Extension of Time. Defendants shall respond to the complaint by February 13, 2026.Signed by Judge Vernon D. Oliver on 1/26/2026. (Frostbutter, S) (Entered: 01/26/2026)

Order on Motion for Extension of Time

Update Answer Deadline

Answer deadline updated for Federal Bureau of Prisons to 2/13/2026; William K. Marshall, III to 2/13/2026. (Kelsey, N)

REPORT of Rule 26(f) Planning Meeting. (Snow, Kyla) (Entered: 02/11/2026)

MOTION to Dismiss or, in the alternative, to stay, and opposition to 28 motion for preliminary injunction by Federal Bureau of Prisons, William K. Marshall, III.Responses due by 3/6/2026 (Attachments: # 1 Memorandum in Support, # 2 Hemingway Decl., # 3 Decl. Ex. 1, # 4 Decl. Ex. 2, # 5 Decl. Ex. 3, # 6 Decl. Ex. 4, # 7 Decl. Ex. 5, # 8 Decl. Ex. 6)(Meskill, J. Brian) (Entered: 02/13/2026)

1 Memorandum in Support

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2 Hemingway Decl.

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3 Decl. Ex. 1

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4 Decl. Ex. 2

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5 Decl. Ex. 3

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6 Decl. Ex. 4

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7 Decl. Ex. 5

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8 Decl. Ex. 6

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MOTION to Transfer to Another District by Federal Bureau of Prisons, William K. Marshall, III. (Attachments: # 1 Memorandum in Support)(Meskill, J. Brian) (Entered: 02/13/2026)

MOTION to Vacate 9 Order on Pretrial Deadlines and to set a briefing schedule following adjudication of 40 motion to dismiss or, alternatively, to stay discovery by Federal Bureau of Prisons, William K. Marshall, III. (Attachments: # 1 Memorandum in Support)(Meskill, J. Brian) (Entered: 02/13/2026)

ORDER granting 42 Motion to Vacate. Defendants' motion to dismiss raises significant issues of subject matter jurisdiction. The Court cannot adjudicate substantive matters in this case without first determining whether it has the requisite jurisdiction to do so. See Carter v. HealthPort Techs., LLC, 822 F.3d 47, 5455 (2d Cir. 2016) ("[W]ithout jurisdiction, the district court lacks the power to adjudicate the merits of the case.").Accordingly, the Court vacates the scheduling order at ECF No. 9 and sets the following deadlines. Plaintiffs shall respond to the 40 motion to dismiss and the 41 motion to transfer on or before March 6, 2026. Defendants shall reply on or before March 20, 2026. Additionally, the Court sua sponte continues the oral argument set for March 12, 2026, to April 30, 2026, at 10:00 AM, to allow time for briefing and adjudication of the motion to dismiss and the motion to transfer.For clarity, the Court is not making a substantive determination at this time as to whether Plaintiffs are entitled to discovery outside of the Certified Administrative Record ("CAR"). If Plaintiffs' claims survive the motion to dismiss and motion to transfer, Defendants shall produce the CAR within fifteen (15) days of the Court's decision. After the CAR is produced, Plaintiffs may then file a motion requesting supplemental discovery. See Manker v. Spencer, No. 3:18-CV-372 (CSH), 2019 WL 1506654, at *4 (D. Conn. Apr. 5, 2019) ("It is plain that the Court cannot decide whether the administrative record is adequate when the record itself has not yet been produced.").If necessary, the Court will issue another scheduling order outlining deadlines for the answer and any motions for summary judgment after resolving Defendants' motion to dismiss and motion to transfer.Signed by Judge Vernon D. Oliver on 2/19/2026. (Frostbutter, S) (Entered: 02/19/2026)

Order on Motion to Vacate

Calendar Entry - Motion Hearing

Set Motion and Rcmd Ruling Deadlines/Hearings

Extension of Time to File Response/Reply to Motion

Order on Motion for Extension of Time to File Response/Reply to Motion

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