Case: Bach v. Mitchell

00376 | U.S. District Court for the District of Connecticut

Filed Date: Oct. 1, 1971

Clearinghouse coding complete

Case Summary

On October 1, 1971, a group of federal prisoners including well-known Vietnam War protester Father Phillip Berrigan, represented by attorneys from the Center for Constitutional Rights, filed a complaint in U.S. District Court for the District of Columbia against the federal Bureau of Prisons (BOP) and the U.S. Parole Board, components of the U.S. Department of Justice. The plaintiffs requested a declaratory judgment that the defendants' disciplinary procedures violated the Due Process Clause a…

On October 1, 1971, a group of federal prisoners including well-known Vietnam War protester Father Phillip Berrigan, represented by attorneys from the Center for Constitutional Rights, filed a complaint in U.S. District Court for the District of Columbia against the federal Bureau of Prisons (BOP) and the U.S. Parole Board, components of the U.S. Department of Justice. The plaintiffs requested a declaratory judgment that the defendants' disciplinary procedures violated the Due Process Clause and sought preliminary and permanent injunctions. They alleged, as well, that their First, Fifth, Sixth and Eighth Amendment rights had been violated by retaliatory actions of the defendants.

The complaint arose out of a work stoppage and a hunger strike, which plaintiffs had first advocated and then engaged in. Afterwards, they alleged, their previously-ordered (but not yet effected) parole was rescinded, some were placed in segregated confinement, good time credit was withheld, and some were transferred to other facilities in the BOP system, including medical facilities. Moreover, the plaintiffs claimed, these actions were taken without prior notice to them or hearings of any type in which they or their counsel might have sought to protect the prisoners' interests.

The case was transferred to the U.S. District Court for the District of Connecticut. In the amended complaint, one plaintiff also sought a writ of habeas corpus pursuant to 28 U.S.C. §2241, intending it to have the same effect (reinstatement of parole) as the previously requested relief.

An October 26, 1971, the District Court (Judge M. Joseph Blumenfeld) dismissed the case. Judge Blumenfeld first discussed that, while prisoners do not lose their right to freedom of expression just because they are incarcerated, that right is not absolute and must be balanced against prison authorities' needs for security and order. The judge determined that the actions of the Board of Parole did not violate substantive due process principles, ruling that the general standard of "maintenance of good prison conduct" provided sufficient guidance for Board decisions. As for procedural due process concerns, the Court found a distinction between parole recision and parole revocation: only the latter results in a deprivation of a released prisoner's freedom, whereas the former merely rescinds a decision otherwise applicable to an inmate who has not yet been released. Revocation requires affording procedural rights, but recision of orders granting parole (but which have not yet resulted in release) is within the Board's discretion.

Plaintiffs' claims of improper BOP administrative transfer decisions also failed. While the judge rejected defense efforts at dismissal based upon the plaintiffs' failure to exhaust administrative remedies (observing that exhaustion was not required where the record showed the Director of the BOP had made the transfer decisions, which would make pointless administrative appeals within his agency), the transfers of hunger strikers were made not as discipline but for reasons of health and were not an abuse of discretion, according to the District Court. As for the prisoners' claims based upon segregated confinement and withholding of good time, Judge Blumenfeld found that these BOP decisions were not made by the agency Director, so exhaustion of administrative remedies was required; consequently, such claims were dismissed, with renewal possible after exhaustion of the administrative process.

Although a Notice of Appeal was filed soon after the District Court's decision, the appeal was never docketed and, on January 24, 1974, plaintiff's counsel sent a memorandum to the court, withdrawing the appeal without prejudice. We don't know if the reason was a settlement. No further action seems to have taken place.

Summary Authors

Mike Fagan (4/8/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4200437/parties/united-states-v-alvarado/


Judge(s)

Blumenfeld, Mosher Joseph (Connecticut)

Attorney for Plaintiff

Bender, William J. (New York)

Bonnan, Addison (District of Columbia)

Clifford, Thomas (Connecticut)

Cunningham, William C. (New York)

Attorney for Defendant

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Documents in the Clearinghouse

Document

00376

Docket

Oct. 1, 1976

Oct. 1, 1976

Docket

71-01988

00376

Verified Complaint

Oct. 1, 1971

Oct. 1, 1971

Complaint

00376

Amended Verified Complaint

Oct. 13, 1971

Oct. 13, 1971

Complaint

00376

Memorandum of Decision

Dec. 27, 1971

Dec. 27, 1971

Order/Opinion

00476

00471

00484

00477

Memorandum of Decision

Banks v. Norton

June 19, 1972

June 19, 1972

Order/Opinion

346 F.Supp. 346

00376

Withdrawal of Appeal

Jan. 24, 1974

Jan. 24, 1974

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4200437/united-states-v-alvarado/

Last updated Feb. 5, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT returned in Hartford before TPS as to Jonatan Alvarado (1) count(s) 1, 2, 3-4, 5, 6, 7, 8-9, 10-11, 12, Edwin Nunez (2) count(s) 1, 6, Eddie Orellana (3) count(s) 1, 3-4 (H-01-3) Bench Warrant Detainers to issue (D'Onofrio, B.) Modified on 12/31/2002

Dec. 30, 2002

Dec. 30, 2002

PACER
2

Initial presentment held as to Jonatan Alvarado Defendant informed of rights. ( WIG) (Gutierrez, Y.)

Jan. 10, 2003

Jan. 10, 2003

PACER
3

MOTION by USA as to Jonatan Alvarado for Pretrial Detention (Gutierrez, Y.)

Jan. 10, 2003

Jan. 10, 2003

PACER
12

ORDER OF Permanent DETENTION [3-1] motion for Pretrial Detention as to Jonatan Alvarado (1) ( Signed by Mag. Judge William I. Garfinkel ) (Gutierrez, Y.)

Jan. 10, 2003

Jan. 10, 2003

PACER
13

CJA 20 as to Jonatan Alvarado : Appointment of Attorney Francis L. O'Reilly (Only for Initial Presentment) ( Signed by Clerk ) (Gutierrez, Y.) Modified on 01/16/2003

Jan. 10, 2003

Jan. 10, 2003

PACER
17

Arraignment held as to Jonatan Alvarado ( WIG) (Gutierrez, Y.)

Jan. 23, 2003

Jan. 23, 2003

PACER
18

ORDER Appointing Federal Public Defender for Jonatan Alvarado . Attorney Roger H. Sigal appointed. ( Signed by Mag. Judge William I. Garfinkel ) (Gutierrez, Y.)

Jan. 23, 2003

Jan. 23, 2003

PACER
19

SCHEDULING ORDER as to Jonatan Alvarado setting Jury Selection for 10:00 3/5/03 ( signed by Mag. Judge William I. Garfinkel ) (Gutierrez, Y.)

Jan. 23, 2003

Jan. 23, 2003

PACER
32

Appearance for Jonatan Alvarado by Attorney Roger H. Sigal (D'Onofrio, B.)

Jan. 30, 2003

Jan. 30, 2003

PACER
34

MARSHAL'S RETURN of service on Detainer executed as to Jonatan Alvarado on 1/23/03 (D'Onofrio, B.)

Feb. 3, 2003

Feb. 3, 2003

PACER
41

SCHEDULING ORDER as to Jonatan Alvarado, Edwin Nunez, Eddie Orellana setting Voir Dire Questions due by 4/9/03 Proposed Jury Instructions due by 4/9/03 Jury Selection for 10:00 4/16/03 for Jonatan Alvarado, for Edwin Nunez, for Eddie Orellana ( signed by Judge Christopher F. Droney ) (D'Onofrio, B.)

March 4, 2003

March 4, 2003

PACER
43

Appearance for Jonatan Alvarado by Attorney Gary A. Mastronardi (D'Onofrio, B.)

April 8, 2003

April 8, 2003

PACER
48

Amended Appearance for Jonatan Alvarado by Attorney Gary A. Mastronardi (D'Onofrio, B.)

April 10, 2003

April 10, 2003

PACER
49

MOTION & Waiver of Speedy Trial by Jonatan Alvarado to Continue Trial for 60 days (D'Onofrio, B.)

April 14, 2003

April 14, 2003

PACER
52

Appearance for Jonatan Alvarado by Attorney Edward T. Murnane Jr. (D'Onofrio, B.)

April 30, 2003

April 30, 2003

PACER
53

Change of Plea as to Jonatan Alvarado held Request to change plea entered earlier - GRANTED. ( CFD) (D'Onofrio, B.)

May 5, 2003

May 5, 2003

PACER
54

Plea Agreement Letter as to Jonatan Alvarado (D'Onofrio, B.)

May 5, 2003

May 5, 2003

PACER
64

SENTENCING MEMORANDUM by USA as to Jonatan Alvarado (D'Onofrio, B.)

July 21, 2003

July 21, 2003

PACER
70

SENTENCING MEMORANDUM by Jonatan Alvarado (D'Onofrio, B.)

Oct. 27, 2003

Oct. 27, 2003

PACER
71

Minute Entry for proceedings held before Judge Christopher F. Droney :Sentencing held on 10/28/2003. $100 Special Assessment (Court Reporter Martha Marshall.) (D'Onofrio, B.)

Oct. 28, 2003

Oct. 28, 2003

PACER
72

JUDGMENT as to Jonatan Alvarado (1), Count(s) 1, Defendant to be imprisoned for term of 63 months; supervised release for term of 4 years; counts 2-12 dismissed on motion of US; special assessment $100.00 on count 1 due immediately. Signed by Judge Christopher F. Droney on 10/32/03. (D'Onofrio, B.)

Oct. 31, 2003

Oct. 31, 2003

PACER
73

ORDER of Dismissal of Counts 2-12 of the Indictment as to Jonatan Alvarado . Signed by Judge Christopher F. Droney on 10/31/03. (D'Onofrio, B.)

Oct. 31, 2003

Oct. 31, 2003

PACER
86

MOTION to Vacate under 28 U.S.C. 2255 with memorandum in support incorporated within ( Civil Action 3:04cv1743) by Jonatan Alvarado (pro se). (Ruocco, M.)

Oct. 18, 2004

Oct. 18, 2004

PACER
87

ORDER re [86] MOTION to Vacate under 28 U.S.C. 2255 filed by Jonatan Alvarado. Government's response due within 30 days. Signed by Judge Christopher F. Droney on 11/3/04. (Bauer, J.)

Nov. 4, 2004

Nov. 4, 2004

RECAP
88

MOTION for Extension of Time to File Response/Reply as to [86] MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 3:04cv1743(CFD).) until 1/6/05 by USA as to Jonatan Alvarado. (Bauer, J.)

Nov. 30, 2004

Nov. 30, 2004

RECAP
89

ORDER granting [88] Motion for Extension of Time until 1/6/05 to File Response/Reply as to Jonatan Alvarado (1) re [86] motion to vacate. Signed by Judge Christopher F. Droney on 12/1/04. (Bauer, J.)

Dec. 1, 2004

Dec. 1, 2004

RECAP
90

TRANSCRIPT of Proceedings (guilty plea) as to Jonatan Alvarado held on 5/5/03 before Judge Christopher F. Droney. Court Reporter: Martha C. Marshall. (Bauer, J.)

Jan. 4, 2005

Jan. 4, 2005

PACER
91

TRANSCRIPT of Proceedings (Sentencing) as to Jonatan Alvarado held on 10/28/03 before Judge Christopher F. Droney. Court Reporter: Martha C. Marshall. (Bauer, J.)

Jan. 4, 2005

Jan. 4, 2005

PACER
92

MOTION for Evidentiary Hearing, MOTION for summary disposition by Jonatan Alvarado. (Bauer, J.)

Jan. 31, 2005

Jan. 31, 2005

RECAP
93

ORDER TO SHOW CAUSE as to Jonatan Alvarado. Government's response due within 10 days . Signed by Judge Christopher F. Droney on 1/28/05. (Bauer, J.)

Jan. 31, 2005

Jan. 31, 2005

RECAP
94

RESPONSE by USA as to Jonatan Alvarado re [93] Order to Show Cause (Bauer, J.)

Feb. 11, 2005

Feb. 11, 2005

RECAP
95

Memorandum in Opposition by USA as to Jonatan Alvarado re [86] MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 3:04cv1743(CFD).) (Bauer, J.)

Feb. 14, 2005

Feb. 14, 2005

RECAP
97

ORDER as to Jonatan Alvarado granting [94] Response filed by USA, . Signed by Judge Christopher F. Droney on 3/9/05. (Bauer, J.)

March 10, 2005

March 10, 2005

RECAP
98

Letter Dated 2/14/05 by Jonatan Alvarado (Bauer, J.)

June 9, 2005

June 9, 2005

RECAP
99

MOTION to Amend [86] MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 3:04cv1743(CFD).) filed by Jonatan Alvarado, by Jonatan Alvarado. (Attachments: # (1) Affidavit # (2) Memorandum in Support) (Bauer, J.)

1 Affidavit

View on RECAP

2 Memorandum in Support

View on RECAP

June 9, 2005

June 9, 2005

RECAP
100

ORDER as to Jonatan Alvarado Responses due by 9/23/2005. Signed by Judge Christopher F. Droney on 9/9/05. (Bauer, J.)

Sept. 9, 2005

Sept. 9, 2005

RECAP
101

Memorandum in Opposition by USA as to Jonatan Alvarado re [99] MOTION to Amend [86] MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 3:04cv1743(CFD).) filed by Jonatan Alvarado, (Bauer, J.)

Sept. 23, 2005

Sept. 23, 2005

RECAP
102

ORDER granting [99] Motion to Amend/Correct as to Jonatan Alvarado (1). However, the government may challenge the substance of the amendment in its response to the petition.Signed by Judge Christopher F. Droney on 3/3/06. (Droney, Christopher)

March 3, 2006

March 3, 2006

PACER
103

Probation form 12B Petition for Modification of Conditions of Probation with Consent of the Offender as to Jonatan Alvarado, Signed by Judge Christopher F. Droney on 8/1/08. (Blue, A.)

Aug. 11, 2008

Aug. 11, 2008

RECAP

Case Details

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 1, 1971

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of federal prisoners who engaged in a hunger strike and work stoppage

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Freedom of speech/association

Special Case Type(s):

Out-of-court

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disciplinary procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Type of Facility:

Government-run