3:21-cv-01399
S.D. Ill.Aug 12, 2024Background
- Mohamed al-Owhali, a Saudi citizen, is incarcerated by the Federal Bureau of Prisons (FBOP) after a terrorism conviction, previously housed at USP-Marion, Illinois.
- Al-Owhali's Amended Complaint challenged his transfer to the supermax facility at USP-Florence ADX, Colorado, alleging violations of the Fifth, First, and Eighth Amendments.
- The initial complaint was dismissed as premature because the transfer had not occurred; the amended complaint was filed after he arrived at USP-Florence ADX.
- The Court allowed Al-Owhali to proceed on claims about due process and mental health (Counts 1 and 3) but denied dismissal of an anti-Muslim animus claim (Count 2), which he subsequently conceded.
- Defendants moved to reconsider the Court’s denial of dismissal of Count 2 and to transfer the case to the District of Colorado; Al-Owhali opposed transfer but did not oppose dismissal of Count 2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal of Count 2 (First Amendment) | Conceded claim; agreed dismissal was appropriate | Move to dismiss as Plaintiff concedes claim | Dismissed without prejudice |
| Transfer to District of Colorado | Opposed transfer; claims venue is proper in Illinois | Events/conditions at USP-Florence ADX predominate | Transfer to Colorado granted |
| Venue under § 1404(a) | Claims arose partly from Illinois-based transfer decision | Claims mainly relate to current Colorado conditions | Transfer venue appropriate |
| Injunctive/Declaratory Relief Location | Seeks relief from confinement at USP-Florence ADX | Relief relates to conditions and witnesses in CO | Should be determined in Colorado |
Key Cases Cited
- In re Terrorist Bombings of U.S. Embassies in East Africa, 552 F.3d 93 (2d Cir. 2008) (background and criminal history of plaintiff)
- Agretti v. ANR Freight Sys., Inc., 982 F.2d 242 (7th Cir. 1992) (interlocutory orders are not final or immediately appealable)
- Terry v. Spencer, 888 F.3d 890 (7th Cir. 2018) (court can reconsider interlocutory orders before final judgment)
- Carillo v. Darden, 992 F. Supp. 1024 (N.D. Ill. 1998) (efficiency favored litigation in district closest to material events)