United States v. Bout
860 F. Supp. 2d 303
| S.D.N.Y. | 2012Background
- Bout, an international arms dealer, has been confined in the MCC NYC SHU for about 15 months since his transfer in 2010 after extradition-related proceedings.
- He is and has been housed in solitary confinement in a one-person cell, with 23 hours/day in isolation and limited exercise and contact.
- Charges include conspiracies to kill U.S. nationals and officers, acquire and use missiles, and provide material support to FARC; he was convicted on all four counts in 2011 with sentencing in 2012.
- The Bureau of Prisons designated his confinement in SHU based on concerns about charges, resources, leadership, alleged connections, and public publicity.
- Bout’s counsel urged transfer to general population in a February 3, 2012 filing; a hearing was held February 10, 2012, with MCC officials defending the SHU placement.
- The court applies Turner v. Safley to determine if the SHU confinement is reasonably related to legitimate penological objectives and grants Bout’s transfer request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SHU confinement is reasonably related to penological objectives | Bout argues no valid rational connection. | BOP contends confinement is rational given charges and security concerns. | No; confinement not reasonably related to objectives; order to transfer granted. |
| Whether alternative accommodations existed short of general population | Bout has no viable alternatives other than transfer. | Corrections officials need discretion; alternatives not readily available. | Not applicable; no adequate alternative short of transfer. |
| Whether evidence supports ongoing SHU justification given pretrial conviction status | Evidence does not show imminent danger; past associations are insufficient. | Post-conviction risk justifies continued SHU. | Court finds lack of support for ongoing SHU basis; transfers warranted. |
Key Cases Cited
- Turner v. Safley, 482 U.S. 78 (1987) (four-factor rational basis test for prison regulations)
- Boudin v. Thomas, 533 F. Supp. 786 (S.D.N.Y. 1982) (administrative detention precedents in SHU-like contexts)
- United States v. El-Hage, 213 F.3d 74 (2d Cir. 2000) (contextual application of Turner factors in terrorism cases)
- United States v. Felipe, 148 F.3d 101 (2d Cir. 1998) (Turner-based analysis for prison restrictions)
- United States v. Gotti, 755 F. Supp. 1159 (E.D.N.Y. 1991) (discussion of SHU considerations in high-profile cases)