Filed Date: Jan. 21, 2009
Closed Date: 2010
Clearinghouse coding complete
On January 21, 2009, the American Civil Liberties Union and the ACLU of Indiana filed a lawsuit in the U.S. District Court for the Southern District of Indiana, under 42 U.S.C. 1983, against the Federal Bureau of Prisons. The complaint challenged the creation of housing units inside federal prisons in which prisoners lived in isolation from the outside world. Plaintiffs alleged that these cells, called Communication Management Units (CMUs) and designed to house prisoners viewed by the government as terrorists, were established in violation of federal laws requiring public notice and opportunity to comment on policy, and were disproportionately used to house Muslim prisoners.
The plaintiff Sabri Benkahla was abducted at gunpoint by Saudi Arabian police and transferred to America in custody of the FBI the night before his wedding. Benkahla was charged with supplying services to the Taliban and further using a firearm in violent crime. The U.S. District Court Judge Leonie Brinkema found him not guilty, but the government forced him to testify in front of a grand jury a month later. Benkahla was convicted of perjury and sentenced to 121 months in prison in a CMU.
Following this, a motion on July 27, 2009 to add parties was filed, and Attorney General Eric H. Holder, Harley G. Lappin and Joyce K. Conley were added in their official capacities. In the same motion, all pending claims against defendants B.R. Jett, Paul McNulty, Unknown Employees of Correctional Programs Divisions of the Federal Bureau of Prison, Les Smith, T.R. Henry, S Julian T. Coleman, and Agent Grass were dismissed. Further on July 27, 2009, an amended complaint was filed that declared the Defendants violated the Administrative Procedure Act by establishing the Terre Haute CMU and issuing the Terre Haute CMU Institution Supplement and Institution Supplement - Visiting Regulations without notice and comment rulemaking. Subsequently on September 14, 2009, all defendants were dismissed aside from the Federal Bureau of Prisons.
On July 28, 2010, plaintiff filed a motion to dismiss. This case was dismissed on July 29, 2010 without prejudice in the Southern District of Indiana. On August 9, 2010 a Third Party Continuing Petition to Intervene was filed on behalf of similarly situated prison inmates, and this was denied on October 20, 2010 because it was untimely and the court found that their interests are not in common with plaintiff. There is no reason to conclude this case is ongoing.
Summary Authors
Kristen Sagar (6/23/2009)
Christina Bonanni (11/18/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266405/parties/benkahla-v-federal-bureau-of-prisons/
Lawrence, William T. (Indiana)
Lynch, Debra McVicker (Indiana)
Falk, Kenneth J. (Indiana)
Fathi, David C. (Indiana)
Kieper, Thomas E (Indiana)
Lawrence, William T. (Indiana)
Lynch, Debra McVicker (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/4266405/benkahla-v-federal-bureau-of-prisons/
Last updated Feb. 9, 2024, 3:16 a.m.
State / Territory: Indiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 21, 2009
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
prisoners being held in secret housing units inside federal prisons
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal Bureau of Prisons, Federal
Department of Justice, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Type of Facility: