AL-OWHALI v. ASHCROFT
279 F.Supp.2d 13 (2003)
Mohamed Rashid Daoud AL-OWHALI, Plaintiff,
John ASHCROFT, United States Attorney General, Defendant.
No. CIV.A. 02-883 RBW.
United States District Court, District of Columbia.
August 29, 2003.
Frederick H. Cohn, Esq., New York, NY, A.J. Kramer, Esq., Federal Public Defender for the District of Columbia, Washington, Counsel for Plaintiff.
Anthony J. Coppolino, Senior Trial Counsel, U.S. Department of Justice, Washington, Counsel for Defendant.
WALTON, District Judge.
This lawsuit involves a challenge by the plaintiff to regulations promulgated by the defendant that plaintiff alleges violate his rights guaranteed by the Fifth and Sixth Amendments of the Constitution. Because the Court concludes that plaintiff does not have standing to challenge the regulations at issue, it does not reach the merits of plaintiff's claims, and defendant's motion to dismiss the complaint is granted.I. Background
The plaintiff, Mohamed Rashid Daoud Al-`Owhali ("Al-`Owhali") is a citizen of Saudi Arabia. Compl. ¶ 4.1 Al-`Owhali was indicted, along with other members of the al Quaeda terrorist organization, in connection with the bombing of the United States embassy located in Nairobi, Kenya. Compl. ¶ 6; Memorandum in Support of Defendant's Motion to Dismiss ("Def.'s Mem.") at 2. He was found guilty by a jury of the charges that had been lodged against him and thereafter was sentenced to life imprisonment without the possibility of parole2 by the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York on October 19, 2001.3 Compl. ¶ 6. Al-`Owhali is currently serving his sentence in the United States Penitentiary, Administrative Maximum, located in Florence, Colorado, the "[f]ederal [g]overnment's highest security prison ...." Def.'s Mem. at 3.
In accordance with regulations that were promulgated on June 20, 1997, at the direction of the Attorney General, the Director of the Bureau of Prisons, or, upon proper delegation, its Acting Director, has the ability to
authorize the Warden of a federal prison to implement [Special Administrative Measures ("SAMs")] that are reasonably necessary to ... prevent actions of violence or terrorism where the Attorney General ... provides written notification that there is a substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons.