United States District Court, D. Colorado
Q. ILI-YAAS H. FARRAKHAN-MUHAMMAD, Applicant,
JACK FOX, Complex Warden, Respondent.
ORDER ON APPLICATION FOR WRIT OF HABEAS
A. BRIMMER UNITED STATES DISTRICT JUDGE
matter comes before the Court on the Application for a Writ
of Habeas Corpus Pursuant to 28 U.S.C. § 2241, Docket
No. 1, filed pro se by Applicant, Q. Ili-Yaas H.
Farrakhan-Muhammad. On April 27, 2017, the Court issued an
order, Docket No. 11, directing Respondent to show cause why
the Application should not be granted. Respondent filed a
Response to Order to Show Cause, Docket No. 13, on May 17,
2017. On May 31, 2017, Applicant filed a Traverse/Reply,
Docket No. 14.
a federal prisoner in the custody of the Federal Bureau of
Prisons (“BOP”), currently is incarcerated at the
United States Penitentiary, Administrative Maximum, in
Florence, Colorado. On February 20, 2015, Applicant received
Incident Report (“IR”) No. 2674280, which charged
him with assault without serious injury in violation of Code
224. Docket No. 13-4 at 2 (Disciplinary Hearing Officer
Report). The reporting officer described the incident as
On January 22, 2015 at 7:10 AM I was attempting to feed
inmate Farrakhan-Muhammad, Q Ili Yaas Reg. No. 02791-088
while he was in the medical observation cell. After calling
several times for inmate Farrakhan to step to the door to get
his trays and no response, I proceeded to place the trays
through the slot and on the floor when inmate Farrakhan
stated, “stop fucking with me.” Inmate Farrakhan
then got up, grabbed the trays, and threw them back out the
trays slot. The trays struck my right hand. I secured the
tray slot without further incident.
Id. at 6 (Incident Report).
incident report was referred to the FBI for further
investigation. Docket No. 13-4 at 7-8. The FBI declined
criminal prosecution and returned the incident to the BOP for
institutional processing on February 20, 2015. Id.
Applicant was advised of his rights on February 20 and given
the opportunity to make a statement. Id. at 7.
Applicant declined to make a statement. Id.
Applicant received a copy of the incident report the same
day. Id. at 6.
February 23, 2015, the Unit Disciplinary Committee
(“UDC”) conducted a hearing and, as a result of
the hearing, referred the charge against Applicant to a
Discipline Hearing Officer (“DHO”) for final
disposition. Docket No. 13-4 at 8. The DHO, however, returned
the report to the UDC because the requested staff
representatives were unavailable and errors were found on the
submitted documents. Id. The warden found that there
was good reason for the delay in processing the incident
report and the delay did not hinder Applicant's ability
to marshal a defense. Id.
March 18, 2015, a second UDC hearing was held, at which time
Applicant received a Notice of Discipline Hearing and the
Inmate Rights at Discipline Hearing form. Docket No. 13-4 at
26-27. Applicant requested either Lieutenant Thomas or
Lieutenant Martin as his staff representative. Id.
at 26. Applicant also asked to call Lieutenant Conley as a
witness because he had taken photos of the food trays at the
time of incident. Id.
April 27, 2015, a DHO conducted Applicant's hearing on IR
No. 2674280. Docket No. 13-4 at 2. At the hearing, Applicant
was represented by Lieutenant Thomas. Id. Lieutenant
Thomas's statement at the hearing is summarized as
Staff Representative Thomas advised he spoke with inmate
Farrakhan-Muhammad. Representative Thomas indicated inmate
Farrakhan-Muhammad requested he review video of the incident.
Representative Thomas advised, on the day of the incident, he
recalled requesting Lt. Alvarez preserve the video of the
incident. According to the staff representative, Lt. Alvarez
advised there was never video of the incident recorded.
the hearing, Applicant stated to the DHO that “[t]he
staff called me by another name, Mitchell. When I didn't
answer to that name, he threw the trays through the slot onto
the floor. I didn't throw them back out. I told him to
stop playing with me. All four trays didn't come through
the slot. One was on the slot, and I set it back out there. I
didn't throw it.” Docket No. 13-4 at 2.
DHO's written report in part is as follows:
The DHO finds you committed the prohibited act of Assault
Without Serious Injury, Code 224, based on your actions of
throwing your food trays back out of the slot striking the
reporting staff member in the hand.
The DHO bases this finding on the incident report
writer's statement in Section 11, which indicates you
assaulted him while he attempted to provide you with food
trays in the medical observation cell. According to the
reporting staff member, he advised you several times to step
to the door to get your food trays. According to the staff
member, you did not respond, so he placed your trays through
the slot and on the floor. According to the reporting staff
member, you then stated, “stop fucking with me, ”
grabbed the trays and threw them back out of the slot. The
reporting staff member advises the trays struck him in the
right hand. The DHO considered the supporting memorandum from
Health Services Assistant S. Mills who confirms the events
described in the disciplinary infraction. The DHO also
considered the photograph and Staff Injury Assessment of the
reporting staff member as well as your photograph and the
photograph of at least parts of two food trays. The DHO
considered your photograph, Bureau of Prisons Health Services
Clinical Encounter, and you [sic] IOC/UDC Mental Health
Evaluation. According to your mental health ...