Abbott v. Petrovsky, No. 83-1571

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN; PER CURIAM
Citation717 F.2d 1191
PartiesJack H. ABBOTT, Appellant, v. Joseph S. PETROVSKY, Warden of the United States Medical Center for Federal Prisoners, Norman Carlson, Director of Federal Bureau of Prisons, et al, Appellees.
Docket NumberNo. 83-1571
Decision Date23 September 1983

Page 1191

717 F.2d 1191
Jack H. ABBOTT, Appellant,
v.
Joseph S. PETROVSKY, Warden of the United States Medical
Center for Federal Prisoners, Norman Carlson,
Director of Federal Bureau of Prisons,
et al, Appellees.
No. 83-1571.
United States Court of Appeals,
Eighth Circuit.
Submitted Sept. 16, 1983.
Decided Sept. 23, 1983.

Raymond C. Conrad, Jr., Federal Public Defender, W.D. Mo., Gregory K. Johnson, Asst. Federal Public Defender, Springfield, Mo., for appellant.

Robert G. Ulrich, U.S. Atty., Michael A. Jones, Asst. U.S. Atty., Springfield, Mo., for appellees; Bill Burlington, Atty. Advisor, U.S. Medical Center for Federal Prisoners, Springfield, Mo., of counsel.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

PER CURIAM.

Appellant Jack H. Abbott filed this lawsuit in an attempt to prevent his transfer from the Medical Center for Federal Prisoners

Page 1192

at Springfield, Missouri, to the federal prison at Marion, Illinois. He also sought to force the government to place him in the federal witness protection program. An extensive hearing was held before a magistrate, who recommended that the complaint be dismissed. The district court 1 followed the magistrate's recommendation, and Abbott appeals. We affirm.

Abbott is well known as a government informant. In 1980, when he was incarcerated at Marion, he gave a deposition to an Assistant United States Attorney detailing illegal inmate activities. This deposition was later made public, and Abbott was questioned about it on national television. Abbott has also received extensive publicity as the author of a book criticizing the American prison system, and as a result of his parole and subsequent conviction for manslaughter. Abbott has been a plaintiff in a number of civil rights lawsuits.

Abbott contends that as a result of the extensive publicity surrounding his activities as an informant, he is a prime target for murder at Marion. He also claims that as a result of his lawsuits and his criticism of prison guards, the guards at Marion are likely to injure him. Abbott claims that such a transfer would violate the eighth amendment's proscription against cruel and unusual punishment.

The government concedes that Abbott is a special security risk. The government decided that Abbott would be safest at the "K-Unit" at Marion. The security in the K-Unit is higher than that at any unit at any other federal prison. Abbott will be totally segregated from...

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5 practice notes
  • CH v. Sullivan, Civ. No. 5-86-237
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • July 25, 1989
    ...The initial decision as to whether a witness will be protected is entirely within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1192-93 (8th Cir.1983); Bergmann v. United States, 689 F.2d 789, 793 (8th Cir. 1982). A witness is not entitled to protection on demand. A......
  • J.S. v. T'Kach, Docket No. 11–1287–pr.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 10, 2013
    ...statute. Whether or not a witness will be protected under the program is within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1193 (8th Cir.1983); see also18 U.S.C. § 3521(a)(1) (“The Attorney General may provide for the relocation and other protection of a witness ......
  • J.S. v. T'Kach, Docket No. 11-1287-pr
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 10, 2013
    ...statute. Whether or not a witness will be protected under the program is within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1193 (8th Cir. 1983); see also 18 U.S.C. § 3521(a)(1) ("The Attorney General may provide for the relocation and other protection of a witnes......
  • Nelson v. Comey, Case No. 17-cv-912-pp
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • August 31, 2017
    ...individual in the Federal Witness Protection Program is committed to the broad discretion of the Attorney General. Abbott v. Petrovsky, 717 F.2d 1191 (8th Cir. 1983); Doe v. Civiletti, 635 F.2d 88, 97 (2d Cir. 1980). Further, to the extent that the plaintiff brings a claim for damages again......
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5 cases
  • CH v. Sullivan, Civ. No. 5-86-237
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • July 25, 1989
    ...The initial decision as to whether a witness will be protected is entirely within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1192-93 (8th Cir.1983); Bergmann v. United States, 689 F.2d 789, 793 (8th Cir. 1982). A witness is not entitled to protection on demand. A......
  • J.S. v. T'Kach, Docket No. 11–1287–pr.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 10, 2013
    ...statute. Whether or not a witness will be protected under the program is within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1193 (8th Cir.1983); see also18 U.S.C. § 3521(a)(1) (“The Attorney General may provide for the relocation and other protection of a witness ......
  • J.S. v. T'Kach, Docket No. 11-1287-pr
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 10, 2013
    ...statute. Whether or not a witness will be protected under the program is within the Attorney General's discretion. Abbott v. Petrovsky, 717 F.2d 1191, 1193 (8th Cir. 1983); see also 18 U.S.C. § 3521(a)(1) ("The Attorney General may provide for the relocation and other protection of a witnes......
  • Nelson v. Comey, Case No. 17-cv-912-pp
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • August 31, 2017
    ...individual in the Federal Witness Protection Program is committed to the broad discretion of the Attorney General. Abbott v. Petrovsky, 717 F.2d 1191 (8th Cir. 1983); Doe v. Civiletti, 635 F.2d 88, 97 (2d Cir. 1980). Further, to the extent that the plaintiff brings a claim for damages again......
  • Request a trial to view additional results

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