University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Barroca v. Bureau of Prisons CJ-DC-0005
Docket / Court 1:18-cv-02740-JEB ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Criminal Justice (Other)
Environmental Justice
Case Summary
On November 26, 2018, a group of federal prisoners and advocacy groups filed this lawsuit against the Federal Bureau of Prisons (“BOP”) and its director, in the U.S. District Court for the District of Columbia. The plaintiffs challenged the BOP’s March 3, 2018 decision to issue a Record of ... read more >
On November 26, 2018, a group of federal prisoners and advocacy groups filed this lawsuit against the Federal Bureau of Prisons (“BOP”) and its director, in the U.S. District Court for the District of Columbia. The plaintiffs challenged the BOP’s March 3, 2018 decision to issue a Record of Decision in support of its proposed plan to build what they said was an unneeded new United States Penitentiary (“USP”) in Letcher County, Kentucky, at the cost of at least $444 million. The plaintiffs, represented by the Abolitionist Law Center and others, claimed that the defendants violated the National Environmental Protection Act and the Administrative Procedure Act by failing to properly provide the plaintiffs notice and opportunities to comment on BOP’s proposed action, failing to identify a legitimate purpose and need in its Environmental Impact Statement (“EIS”) for the action, and failing to conduct an environmental analysis and take a hard look at the action’s environmental impacts. The Complaint sought declaratory and injunctive relief, as well as attorney’s fees.

The defendant BOP filed a motion to dismiss on March 11, 2019, for lack of subject matter jurisdiction. BOP argued that the plaintiffs did not have Article III standing because they failed to allege a cognizable injury from the future construction of a prison. On April 23, 2019, the plaintiffs filed a second amended complaint and Judge James E. Boasberg denied the motion to dismiss because it was no longer addressed to the most recent complaint. This new complaint alleged additional facts and added an additional claim that the defendants violated the National Environmental Protection Act and the Administrative Procedure Act by failing to issue a supplemental EIS in light of important new information.

On June 5, 2019, the Director of BOP withdrew the Record of Decision regarding the proposal to build this prison. The withdrawal was, BOP said, based upon new information relevant to the environmental analysis for the proposed action. Following the withdrawal, the parties conferred and agreed that it would not be appropriate for the defendants to file an answer to the second amended complaint, so the parties filed a joint motion to stay the case for thirty days. On July 18, 2019, Judge Boasberg granted the motion and stayed the case until August 19, 2019.

On August 19, the parties filed a status report and indicated that they would like to dismiss the complaint. On September 4, 2019, the plaintiffs filed a stipulation of voluntary dismissal. On the next day, the court ordered that the case was dismissed with prejudice. Upon a motion by the plaintiffs, the court amended the order on September 11, 2019 and instead ordered that the case was dismissed without prejudice. The case is now closed.

Sichun Liu - 02/08/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Corrections
General
Inadequate citizen complaint investigations and procedures
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Federal Bureau of Prisons
Plaintiff Description A group of federal prisoners and advocacy groups.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Withdrawal of Record of Decision
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Filed 11/26/2018
Case Closing Year 2019
Case Ongoing No
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:18-cv-2740 (D.D.C.)
CJ-DC-0005-9000.pdf | Detail
Date: 09/11/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-DC-0005-0001.pdf | Detail
Date: 11/26/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 12]
CJ-DC-0005-0002.pdf | Detail
Date: 04/23/2019
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal [ECF# 18]
CJ-DC-0005-0003.pdf | Detail
Date: 09/04/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Boasberg, James Emanuel (FISC, D.D.C.) show/hide docs
CJ-DC-0005-9000
Plaintiff's Lawyers Bollag, Alexander Hewe (Louisiana) show/hide docs
CJ-DC-0005-0002 | CJ-DC-0005-0003 | CJ-DC-0005-9000
Cufone, Marianne (Louisiana) show/hide docs
CJ-DC-0005-0002 | CJ-DC-0005-0003 | CJ-DC-0005-9000
McDaniel, Dustin (Pennsylvania) show/hide docs
CJ-DC-0005-0001 | CJ-DC-0005-0002 | CJ-DC-0005-0003 | CJ-DC-0005-9000
Posner, Emily H. (Louisiana) show/hide docs
CJ-DC-0005-0001 | CJ-DC-0005-0002 | CJ-DC-0005-0003 | CJ-DC-0005-9000
Defendant's Lawyers Duffy, Sean C. (District of Columbia) show/hide docs
CJ-DC-0005-0003 | CJ-DC-0005-9000
VanDyke, Lawrence James Christopher (Nevada) show/hide docs
CJ-DC-0005-0003

- click to show/hide ALL -

new search
page permalink

- top of page -