No. 22-5710

Lisa A. Biron v. Colette S. Peters, Director, Federal Bureau of Prisons, et al.

Lower Court: Eighth Circuit
Docketed: 2022-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accardi-doctrine administrative-procedure-act bureau-of-prisons discretionary-actions judicial-review prisoner-rights regulatory-compliance
Latest Conference: 2022-12-02
Question Presented (from Petition)

Are discretionary actions of the federal Bureau of Prisons ("FBOP") — an executive agency responsible for more than 130-thousand prisoners nation wide—exempt from judicial scrutiny of these actions when sued for regula tory noncompliance under the Administrative Procedure Act and Accardi doc trine for the violation of regulations that affect the Prisoner-Plaintiff's interests in law library access, typewriter access, and U.S. mail access, but do not, necessarily, violate her constitutional rights? Or, are these actions reviewable and its regulations (C.F.R.s), duly promulgated under the authority of 18 U.S.C. §§ 4041 and 4042, enforceable?

Question Presented (AI Summary)

Are the discretionary actions of the federal Bureau of Prisons exempt from judicial scrutiny when sued for regulatory noncompliance under the Administrative Procedure Act and Accardi doctrine?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-10-31
Waiver of right of respondent Colette S. Peters, Director, Federal Bureau of Prisons to respond filed.
2022-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2022)

Attorneys

Colette S. Peters, Director, Federal Bureau of Prisons
Elizabeth B. PrelogarSolicitor General, Respondent
Lisa A. Biron
Lisa Biron — Petitioner