Kotz v. Lappin

• Decision Date: 10 October 2007
• Docket Number: Civil Action No. 07-0856 (RMU).
• Citation: 515 F.Supp.2d 143
• Parties: Alvin KOTZ, Plaintiff, v. Harley G. LAPPIN, Director, Federal Bureau of Prisons in his official capacity and as an individual, and Federal Bureau of Prisons, Defendants.
• Court: U.S. District Court — District of Columbia

Page 143

515 F.Supp.2d 143

Alvin KOTZ, Plaintiff, v. Harley G. LAPPIN, Director, Federal Bureau of Prisons in his official capacity and as an individual, and Federal Bureau of Prisons, Defendants.

Civil Action No. 07-0856 (RMU).

United States District Court, District of Columbia.

October 10, 2007.

COPYRIGHT MATERIAL OMITTED

Brian W. Shaughnessy, Washington, DC, for Plaintiff.

Jonathan C. Brumer, Wyneva Johnson, United States Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S MOTIONS FOR INJUNCTIVE RELIEF

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff is an inmate with the Federal Bureau of Prisons ("BOP"), housed in Federal Correctional Institute ("FCI") Cumberland, Maryland. During the plaintiff's incarceration in FCI Cumberland, BOP initially admitted the plaintiff into the Residential Drug Abuse Program ("RDAP"). Individuals who successfully complete RDAP may receive a sentence reduction. Subsequent to his admission to RDAP, however, BOP officials determined that the plaintiff was ineligible for the sentence reduction. The plaintiff brings suit against Harley G. Lappin and the BOP (collectively "the defendant"), challenging this denial of eligibility. The plaintiff argues that because his successful completion of the program could result in his early release from prison, the defendant's actions violate his due process rights. The plaintiff seeks injunctive relief, asking the court to reverse the defendant's refusal to allow the plaintiff to participate in RDAP and receive a sentence reduction. The defendant counters that, pursuant to BOP regulations, the plaintiff is not eligible for a sentence reduction because he previously completed RDAP and received a sentence reduction. Because the plaintiff has not shown a substantial likelihood of success on the merits, the court denies the plaintiff's motion.

II. BACKGROUND

On October 31, 2005, the plaintiff was sentenced in the District of Maryland to 36 months incarceration, Pl.'s Mot. for Temp. Restraining Order ("Pl.'s Mot.") ¶ 1, and his current release date is August 17, 2008, Def.'s Mot. to Dismiss and Opp'n to Pl.'s Mot. ("Def.'s Opp'n") at 6. At the time of sentencing, the judge recommended to the BOP that the plaintiff be allowed to participate in RDAP for drug treatment while serving his sentence. Id. All individuals who successfully complete RDAP receive a six-month placement in a Residential Re-Entry Center, or halfway house. Pl.'s Mot. ¶ 9. These individuals are also eligible for up to a 1-year sentence reduction pursuant to 18 U.S.C. § 3621(e). Id. ¶ 10.

The plaintiff previously completed RDAP during an earlier term of incarceration and received a 10-month reduction in his sentence. Id. ¶ 2. In July 2005, in anticipation of the plaintiff's incarceration, Paul C. Kurtz, Executive Director of Federal Inmates Advocates sought confirmation from BOP that the plaintiff would be eligible to participate in the program a second time. Id. ¶ 2. Samuel Betts, administrator in the BOP Regional Office, informed Kurtz that the plaintiff's prior participation in RDAP "would not have disqualified him from eligibility for a sentence reduction ... should he be accepted into RDAP a second time." Id,. ¶ 3. The BOP admitted the plaintiff to the March 2006 class of RDAP.¹ Id. ¶ 5.

On January 23, 2006, BOP authorities advised the plaintiff that he was not eligible for a sentence reduction because he received a sentence reduction the first time he completed RDAP. Id. ¶ 6. Kurtz wrote to Simpson, requesting that he overrule the decision. Id. ¶ 7. On October 11, 2006, John M. Vanyur, BOP Assistant Director for Correctional Programs, denied the plaintiff's request to be placed in RDAP with eligibility for a sentence reduction. Id. ¶ 8. The plaintiff subsequently brought suit and filed motions for injunctive relief against the BOP to challenge its refusal to admit him into RDAP with the prospect of a sentence reduction.

Were the plaintiff allowed to participate in and successfully complete RDAP, and were he to receive the six-month early release to a halfway house, his prospective release date would be February 17, 2008. In addition, the plaintiff would be eligible for a 1-year sentence reduction pursuant to 18 U.S.C. § 3621(e). Id. ¶ 10. Factoring this potential sentence reduction with the six-month release to a halfway house, the plaintiff estimates that his prospective release date would have been May 1, 2007, a date that passed prior to the plaintiff's filing of the instant suit. Id.

III. ANALYSIS

A. Legal Standard for Injunctive Relief

This court may issue interim injunctive relief only when the movant demonstrates:

(1) a substantial likelihood of success on the merits, (2) that it would suffer irreparable injury if the injunction is not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest would be furthered by the injunction.

Mova Pharm. Corp. v. Shalala, 140 F.3d 1060, 1066 (D.C.Cir.1998) (quoting CityFed Fin. Corp. v. Office of Thrift Supervisions 58 F.3d 738, 746 (D.C.Cir.1995)); see also World Duty Free Americas, Inc. v. Summers, 94 F.Supp.2d 61, 64 (D.D.C.2000). It is particularly important for the movant to demonstrate a substantial likelihood of success on the merits. Cf. Benten v. Kessler, 505 U.S. 1084, 1085, 112 S.Ct. 2929, 120 L.Ed.2d 926 (1992) (per curiam). Indeed, absent a "substantial indication" of likely success on the merits, "there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review." Am. Bankers Ass'n v. Nat'l Credit Union Admin., 38 F.Supp.2d 114, 140 (D.D.C.1999) (internal quotation omitted).

The four factors should be balanced on a sliding scale, and a party can compensate for a lesser showing on one factor by making a very strong showing on another factor. CSX Transp., Inc. v. Williams, 406 F.3d 667 (D.C.Cir.2005) (citing CityFed Fin. Corp., 58 F.3d at 747). "An injunction may be justified, for example, where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury." CityFed Fin. Corp., 58 F.3d at 747.

Moreover, the other salient factor in the injunctive relief analysis is irreparable injury. A movant must "demonstrate at least `some injury'" to warrant the granting of an injunction. Id. at 747 (quoting Population Inst. v. McPherson, 797 F.2d 1062, 1078 (D.C.Cir.1986)). Indeed, if a party makes no showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors. Id.

Because interim injunctive relief is an extraordinary form of judicial relief, courts should grant such relief sparingly. Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997). As the Supreme Court has said, "[i]t frequently is observed that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Id. Therefore, although the trial court has the discretion to issue or deny a preliminary injunction, it is not a form of relief granted lightly. In addition, any injunction that the court issues must be carefully circumscribed and "tailored to remedy the harm shown." Nat'l Treasury Employees Union v. Yeutter, 918 F.2d 968, 977 (D.C.Cir. 1990).

B. The Court Denies the Plaintiff's Motion for Injunctive Relief

1. Substantial Likelihood of Success on the Merits

The plaintiff alleges that the BOP improperly applied the policies governing sentence reductions after his eligibility for RDAP had been determined. Furthermore, the plaintiff argues that the defendant conveyed upon him a protected liberty interest through his admission to the March 2006 class for RDAP. Pl.'s Mot. at 2. The plaintiff brings a mixed bag of claims and does not clearly indicate the statute under which he seeks relief. Nevertheless, the court recognizes the plaintiff's claims that the defendant's actions violated due process and the Administrative Procedure Act, 5 U.S.C. § 706 ("APA"). Pl.'s Mot at 6 (referring to a "protected liberty interest") & 7 (referring to the "Administrative Practices Act").

The defendant argues that the plaintiff cannot succeed on the merits of his claims. Def.'s Opp'n at 10. First, the defendant asserts that the plaintiff had no liberty interest protected by due process. Id. at 29-31. .In addition, the defendant argues that the APA does not apply to this case and, even if it did, the plaintiff has not shown that the defendant's actions are arbitrary and capricious.² Id. at 16-20, 25-29.

i. The Plaintiff's Due Process Claim

The plaintiff argues that he had a protected liberty interest in the possibility of an early release based on his participation in RDAP. Specifically, the plaintiff asserts that his protected liberty interest arose from the BOP's program statement under which he was admitted to RDAP. Pl.'s Mot. at 7. The plaintiff also appears to argue that a protected liberty interest arose from the BOP's representations that the defendant was eligible for a sentence reduction as well as from his admission to RDAP. Id. at 6. The defendant counters that the statute granting the BOP the authority to issue sentence reductions contains permissive, not mandatory, language, and the plaintiff could have no protected liberty interest in a sentence reduction that was entirely within the BOP's discretion. Def.'s Opp'n at 30.

To succeed on a due process claim, the plaintiff must show that "(1) it has a constitutionally protected life, liberty or property interest and (2) the procedures employed deprived the plaintiff of that interest without constitutionally adequate procedure." Beverly Enter., Inc. v. Herman, 130 F.Supp.2d 1, 17 (D.D.C.2000) (citing Propert v. District of Columbia, 948 F.2d 1327, 1331 (D.C.Cir.1991)). The...