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HEYER v. U.S. BUREAU OF PRISONS

No. 19-7027.

984 F.3d 347 (2021)

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; Jeffrey A. Rosen, Defendant-Appellees. Stuart Grassian, M.D.; Craig Haney, Ph. D., J.D.; Terry A. Kupers, M.D., M.S.P.; Pablo Stewart, M.D.; Brie Williams, M.D., M.S.; National Association of the Deaf, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 13, 2021.

Attorney(s) appearing for the Case

ARGUED: Andrew Tutt , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellant. Mallory Brooks Storus , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. ON BRIEF: Ian S. Hoffman , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellant. Robert J. Higdon, Jr. , United States Attorney, Joshua B. Royster , Assistant United States Attorney, Michael D. Bredenberg , Special Assistant United States Attorney, Christina A. Kelley , Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Daniel M. Greenfield , Roderick & Solange Macarthur Justice Center, NORTHWESTERN PRITZKER SCHOOL OF LAW, Chicago, Illinois, for Amici Professors and Practitioners of Psychiatry and Psychology. Marc Charmatz , Howard A. Rosenblum , Anna Bitencourt , NATIONAL ASSOCIATION OF THE DEAF, Silver Spring, Maryland, for Amicus National Association of the Deaf.

Reversed and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Motz and Judge Keenan joined.

Plaintiff-Appellant Thomas Heyer appeals from a two-day bench trial in the Eastern District of North Carolina. Heyer is a Deaf individual who communicates in American Sign Language (ASL). The issue at trial was whether Defendant-Appellee U.S. Bureau of Prisons (BOP) violated Heyer's First Amendment rights by denying him access...

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