Case: Benkahla v. Federal Bureau of Prisons

2:09-cv-00025 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 21, 2009

Closed Date: 2010

Clearinghouse coding complete

Case Summary

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 governme…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266405/parties/benkahla-v-federal-bureau-of-prisons/


Judge(s)

Lawrence, William T. (Indiana)

Lynch, Debra McVicker (Indiana)

Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Fathi, David C. (Indiana)

Attorney for Defendant

Kieper, Thomas E (Indiana)

show all people

Documents in the Clearinghouse

Document

2:09-cv-00025

Docket [PACER]

Benkahla v. Jett

Dec. 13, 2010

Dec. 13, 2010

Docket
1

2:09-cv-00025

CIVIL COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS

Jan. 8, 2009

Jan. 8, 2009

Complaint
20

2:09-cv-00025

Amended Complaint

Benkahla v. Jett

July 27, 2009

July 27, 2009

Complaint
67

2:09-cv-00025

Order (Dismissing Case Without Prejudice)

Benkahla v. Jett

July 29, 2010

July 29, 2010

Order/Opinion

Resources

Docket

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.

ECF Number Description Date Link Date / Link
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

COMPLAINT against SABRI BENKAHLA, filed by SABRI BENKAHLA.(VS) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
1

Complaint

Jan. 21, 2009

Jan. 21, 2009

RECAP
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

NOTICE AND ENTRY directing further proceedings; clerk shall process the complaint filed on 01/13/09 as the complaint in the two new civil actions one will show Seifullah Chapman, as plaintiff, and one will show Sabri Benkahla as plaintiff; this action shall proceed as to plaintiff Randall Todd Royer, who shall have through 02/04/09 to pay filing fee of $350.00 or demonstrate his financial inability to do so. Signed by Judge William T. Lawrence on 01/21/09.(VS) (Entered: 01/21/2009).(VS) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
2

Entry

Jan. 21, 2009

Jan. 21, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

ENTRY Directing Further Proceedings; plaintiff shall have through 03/11/09 in which to either pay $350.00 filing fee for this action or demonstrate that he lacks financial ability to do so. Signed by Judge William T. Lawrence on 2/12/2009. cm(NKD) (Entered: 02/13/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
3

Entry

Feb. 12, 2009

Feb. 12, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter dated 2/23/09 regarding this case and case No. 2:09-cv-011-WTL-DML from Randall Todd Royer (NKD) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
4

Letter

Feb. 25, 2009

Feb. 25, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

ORDER granting 7 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis; plaintiff is assessed an initial partial filing fee of $19.00 and shall have through 06/11/09 to pay sum to clerk of district court; filing fee paid in this case shall be applied to the obligation of plaintiff Sabri Benkahla to pay the filing fee in 2:09-cv-25-WTL DML; copy of this entry shall be docketed in 2:09-cv-25- WTL DML;. Signed by Judge William T. Lawrence on 5/1/2009. (VS) (Entered: 05/01/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
5

Entry

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
6

RECEIPT #th 000694 in the amount of $ 350.00 **(Docketed in this case per entry dated 05/01/09) (VS) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
6

Receipt

May 1, 2009

May 1, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

ENTRY concerning selected matters; a habeas claim cannot be joined with other claims; action is dismissed without prejudice to extent that plaintiff challenges either the fact or duration of his confinement; plaintiff's complaint is rejected and he shall have through 06/11/09 to file an amended complaint. Signed by Judge William T. Lawrence on 5/7/2009.(VS) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
7

Entry

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
8

MOTION for Extension of Time to file amended complaint, filed by Plaintiff SABRI BENKAHLA. (VS) (Entered: 05/08/2009)

May 7, 2009

May 7, 2009

PACER
8

Motion for Extension of Time

May 7, 2009

May 7, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
9

ORDER denying plaintiff's 8 Motion for Extension of Time in light of directions issued in Entry of 05/07/09. Signed by Judge William T. Lawrence on 5/12/2009. cm (NKD) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

PACER
9

Order on Motion for Extension of Time to File

May 12, 2009

May 12, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

MOTION for Attorney David M. Shapiro to Appear pro hac vice., filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order appear phv)(NKD) (Entered: 05/14/2009)

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER
10

Motion to Appear pro hac vice

May 13, 2009

May 13, 2009

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

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):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

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:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Classification / placement

Conditions of confinement

Phone

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

Type of Facility:

Government-run