United States v. Brown

862 F.Supp.2d 1276 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D is charged with assaulting a correctional officer 'by striking him with a substance purported to contain feces and urine' in the face on March 25, 2010. D filed a motion to dismiss the indictment alleging selective prosecution. D alleges that he has been selected for prosecution while similarly situated inmates have not been. D asserts that he is being prosecuted because of his prolific legal writings and court filings. P filed a 'Response,' including various records and an affidavit of FBI Special Agent Leingang. The court ordered P to disclose any incident reports concerning assaults against correctional officers involving bodily fluids in or about the area of the face. P produced 41 incident reports. D now alleges selective prosecution and a new claim of vindictive prosecution. D has requested additional discovery on his claims. From the beginning, D was moved to the SMU and during that move, he was assaulted by David Sneed, Sneed recently pled guilty to striking D while he 'was secured in restraints, including handcuffs, leg irons, and a Martin or 'belly' chain.' D filed a civil suit pursuant to Bivens. The staff at the SMU were aware of D's suit and the allegations. Agent Leingang conducted a criminal investigation into the matter. D claims he was told by Leingang that unless he stopped filing prison grievances, he would face more prison time. Jeremy Pinson, a former SMU inmate, stated, in part, that inmate assaults on prison staff were routine in the SMU. Pinson stated that BOP Lieutenant James Preston told him that D 'was 'going to be made an example of'' and 'that it was 'unfair' that a guard was being prosecuted for assaulting D when D had not been prosecuted for assaulting staff.' Assistant Warden Becky Clay, made comments regarding D's 'filing of lawsuits and grievances' and D's cooperation with the Office of the Inspector General concerning the prosecution of the guard that assaulted him. Clay said that she was going to 'make sure that D was prosecuted' using her close relationship with the FBI. P refuted the statements attributed to Preston and Clay. D notes that other inmates engaged in similar conduct, but were not prosecuted. D lists inmates Stephen Burke, Antoine Bruce, Demetrius Hill, Chavon Wiggins, Richard Blount, Laron Marshal, and Demarcus Law.