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HEYER v. U.S. BUREAU OF PRISONS

No. 15-6826.

849 F.3d 202 (2017)

Thomas HEYER, Plaintiff-Appellant, and Robert Paul Boyd, Plaintiff, v. UNITED STATES BUREAU OF PRISONS; Thomas R. Kane, in his official capacity as Acting Director of the United States Bureau of Prisons; Ike Eichenlaub, in his official capacity as Regional Director of the United States Bureau of Prisons Mid-Atlantic Region; Warden Sara M. Revell; Warden Tracy W. Johns; Jefferson B. Sessions, III, Attorney General, Defendants-Appellees. National Association of the Deaf, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2017.

Attorney(s) appearing for the Case

ARGUED: Ian S. Hoffman , ARNOLD & PORTER LLP, Washington, D.C., for Appellant. Robert J. Dodson , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. ON BRIEF: Deborah Golden , Elliot Mincberg , WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS & URBAN AFFAIRS, Washington, D.C.; David B. Bergman , ARNOLD & PORTER LLP, Washington, D.C., for Appellant. John Stuart Bruce , Acting United States Attorney, Jennifer P. May-Parker , Jennifer D. Dannels , Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Marc Charmatz , Howard A. Rosenblum , Debra Patkin , NATIONAL ASSOCIATION OF THE DEAF, Silver Spring, Maryland, for Amicus Curiae.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Traxler wrote the opinion, in which Judge Motz and Judge Floyd joined.

Appellant Thomas Heyer has been deaf since birth. His native language is American Sign Language ("ASL"), and he communicates primarily though ASL. Heyer is presently confined as a sexually dangerous person, see Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, at the federal correctional...

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