76 F. Supp. 3d 21
D.D.C.2014Background
- Detainee Mohammad Ahmad Ghulam Rabbani, a Pakistani national, has been held at Guantanamo Bay for over ten years without charges.
- Since February 2013 Rabbani has participated in a hunger strike protesting detention.
- Medical staff at Guantanamo Bay have determined enteral feeding is necessary, i.e., forcible feeding.
- Guantanamo Bay guards have used Forced Cell Extraction (FCE) to move Rabbani when he refuses to cooperate.
- Rabbani contends the enteral feeding process is unlawful,
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether force-feeding procedures violate constitutional rights | Rabbani argues the procedures are unconstitutional and violative of rights to refuse medical treatment | The government contends force-feeding is a medical necessity and properly administered | Denied injunction; procedures sustainable under Turner/Estelle frameworks |
| Whether FCEs are lawful under constitutional standards | Rabbani claims FCEs are routine, indiscriminate, and unlawful | Guantanamo protocols permit FCEs as a security and life-preservation measure | FCEs fall within discretionary decisions and are reasonably related to penological interests; injunction denied |
| Whether the government’s testing for lipoid pneumonia constitutes deliberate indifference | Rabbani argues testing was refused to avoid potential health risks, evidencing deliberate indifference | There was no credible evidence of deliberate indifference; multiple medical opinions exist | Status-report issue; not sufficient to show deliberate indifference; injunction denied |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (deliberate indifference standard for medical care in prison)
- Turner v. Safley, 482 U.S. 78 (U.S. 1987) (reasonableness standard for prison regulations)
- Aamer v. Obama, 742 F.3d 1023 (D.C. Cir. 2014) (discusses due process/right to refuse medical treatment in context of Guantanamo)
- Kiyemba v. Obama, 555 F.3d 1022 (D.C. Cir. 2009) (due process exclusion for aliens; extraterritorial reach)
- Boumediene v. Bush, 553 U.S. 723 (U.S. 2008) (constitutional rights in detainee context; Boumediene holdings cited)
- Overton v. Bazzetta, 539 U.S. 126 (U.S. 2003) (deference to prison administrators in medical/custodial decisions)