Rodney J. Roussell v. Warden C. Harrison

Summary

The court granted the respondent’s motion to dismiss Rodney J. Roussell’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ assessment of a drug-and-alcohol-abuse point in his custody classification. The court held that Roussell had no protected liberty interest in a particular security classification or facility, that the Bureau of Prisons had discretion under 18 U.S.C. § 3621(b), and that an alleged violation of Program Statement 5100.08 was not cognizable under § 2241. The court also denied or partially denied Roussell’s ancillary requests, certified that an appeal would not be taken in good faith, and denied leave to proceed in forma pauperis on appeal.

Holdings

1. A federal prisoner has no protected liberty interest in confinement at a particular facility or in a particular custody classification or security designation; therefore, the petition did not allege a constitutional violation on those grounds.
2. The BOP has broad discretionary authority to determine federal prisoners' custody classifications, security designations, and places of imprisonment, and those discretionary decisions are not subject to the requested § 2241 relief.
3. An alleged misapplication of BOP Program Statement 5100.08 is not cognizable as a violation of federal law under § 2241 because the Program Statement is an internal agency guideline rather than a law or properly promulgated regulation.
4. The BOP did not misapply Program Statement 5100.08 by assessing one drug-and-alcohol-abuse point based on information Roussell provided during his RDAP interview and related substance-use diagnoses.
5. Petitioner's request to hold BOP paralegal Robin Eads in contempt was denied because the challenged declaration accurately stated that Roussell had not completed all three components of RDAP.
6. The court granted judicial notice only as to the existence of petitioner's exhibits and denied notice as to their substance; it also denied appointment of counsel and an evidentiary hearing because the petition was subject to dismissal.

Questions Presented

1. Whether a federal prisoner has a protected liberty interest in a particular prison facility, custody classification, or security designation.
2. Whether the BOP's discretionary authority under 18 U.S.C. § 3621(b) makes its custody-classification and security-designation decisions cognizable under § 2241.
3. Whether an alleged misapplication of BOP Program Statement 5100.08 constitutes a violation of federal law cognizable under § 2241.
4. Whether the BOP properly applied Program Statement 5100.08 in assessing one drug-and-alcohol-abuse point.
5. Whether petitioner's requests for contempt, judicial notice, appointment of counsel, and an evidentiary hearing should be granted.

Disposition

dismissed