ESTES v. FEDERAL BUREAU OF PRISONS

No. CIV.A. 03-0070-CB-L.

273 F.Supp.2d 1301 (2003)

April Mizell ESTES, et al., Plaintiffs, v. FEDERAL BUREAU OF PRISONS, Harley G. Lappin, Director, Federal Bureau of Prisons, sued in his official capacity, R.E. Holt, Regional Director, Federal Bureau of Prisons and R.E. Holt, Community Corrections Manager, Federal Bureau of Prisons, and the United States of America, Defendants.

United States District Court, S.D. Alabama, Southern Division.

July 24, 2003.


Attorney(s) appearing for the Case

Charles Baer, U.S. Attorney's Office, Mobile, AL, for Federal Bureau of Prisons.

Thomas M. Haas, Mobile, AL, for Scotty Summers.

Willie J. Huntley, Jr., Adero Soyini Jernigan, Huntley Law Firm, Mobile, AL, for Lettice Lelani Suggs.

W. A. Kimbrough, Turner, Onderdonk, Kimbrough & Howell, P.A., Mobile, AL, for Amanda Powell.


MEMORANDUM OPINION

BUTLER, District Judge.

This action involves a challenge to a Bureau of Prisons (BOP) policy regarding incarceration of federal prisoners in Community Corrections Centers (CCC's). At issue is whether the BOP has violated either the Administrative Procedures Act (APA) or the plaintiffs' constitutional rights by concluding that, as a matter of law, the BOP cannot allow a federal prisoner to serve a term of imprisonment in a CCC. Because...

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