Rev Matt Hale(Civil Case)...Response in Opposition to Motion for Relief from Judgement

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00245-MSK-MJW

REVEREND MATT HALE,

Plaintiff,

v.

FEDERAL BUREAU OF PRISONS,

Defendant.

RESPONSE IN OPPOSITION TO MOTION FOR RELIEF FROM JUDGMENT (DOC. 229)

There is no basis for the Court to grant Mr. Hale’s motion for relief from judgment. He is not barred from having books in his cell, including the “scriptures” of Creativity. See Doc. 229 at 2.

Mr. Hale misrepresents the situation. On May 8, 2018, Special Investigative Services (“SIS”) personnel at the ADX temporarily removed property from Mr. Hale’s cell, as they are authorized to do in order to assess potential risks and enforce prison rules. See Declaration of Lieutenant Amy Kelly, Ex. 1 ¶ 7. In Mr. Hale’s case, the property was temporarily removed for two reasons. First, SIS personnel were aware that Mr. Hale had many more books in his cell than the eight books that are permitted to each ADX inmate at any given time. Id. ¶ 8 (stating that Mr. Hale had over 40 books in his cell on May 8, 2018). The number of books an ADX inmate can possess is limited for reasons that include safety, security, and fire hazards. Id.; see  also id. ¶ 13 & Attachment 1, Institution Supplement FLM 5580.08A, Inmate Personal Property, it 12. Like all ADX inmates, Mr. Hale is required to comply with this rule. Id. ¶ 13.

Second, and more importantly, Mr. Hale’s property was temporarily seized to address a potential security threat. Before May 8, 2018, SIS personnel became aware of recent writings by Mr. Hale that, in their correctional judgment, might pose a threat to the safety and security of other people. Mr. Hale had made it known to his followers and to ADX SIS personnel that he had been writing a manuscript for a new book. Id. ¶ 9. SIS personnel reviewed that manuscript.

One chapter raised particular concerns. In that chapter, Mr. Hale “attacked Christianity in

general as the downfall of white civilization,” with specific passages “advocating or encouraging
criminal actions by those who would be inclined to listen to [his] mandates.” Id. Mr. Hale wrote about his desire for violence against Christians and those he labeled “non-white ‘refugees.’” Id.

From the perspective of ADX SIS personnel, “[t]he writings gave great concern that Creativity

followers could infer that Hale was, once again, tacitly sanctioning criminal actions against non-whites.” Id. ¶ 11.1

Following their review of Mr. Hale’s writings, SIS staff “felt it was necessary to search [Mr. Hale’s] possessions to ensure that he was not planning, advocating, or encouraging criminal or disruptive actions.” Id. ¶ 12. That search is what Mr. Hale complains of in the motion here.

SIS staff went through Mr. Hale’s property, including his Creativity books, to ensure that Mr Hale .1 Because of these risks and the decision to prevent this chapter from leaving the prison, the BOP

has redacted the specific language used by Mr. Hale from Lieutenant Kelley’s declaration. The

BOP will file a motion to restrict access to the unredacted version of the declaration submitted
with this response.

Hale had no writings or other information that “could harm security and safety of the institution,

staff, inmates, or the public.” Id. After SIS staff completed that review, Mr. Hale’s books were returned to him. Id. ¶ 13. 

On May 15, 2018, two SIS staff members conferred with Mr. Hale to allow him to select the eight books he wished to keep in his cell. Id. ¶ 14. Mr. Hale was specifically told that the eight he selected could all be Creativity books, but he chose only one Creativity book to keep:

Nature’s Eternal Religion. See id. & Attachment 2, May 15, 2018, Book Receipt for Hale. In sum, there has been no “fraud, misrepresentation, and misconduct” here, as Mr. Hale claims. See Doc. 229. ADX staff have simply enforced prison rules and attempted to ensure that Mr. Hale’s writings do not cause harm to others, including innocent persons outside the prison. As has been previously declared under oath in this case, Mr. Hale “will continue to be able to retain Creativity books in his ADX general population cell, including Nature’s Eternal Religion, so long as he does not disseminate or share those materials with other inmates.” Id. ¶ 15; see also Doc. 186-44 ¶¶ 39-41. 

The Court should deny Mr. Hale’s motion for relief from judgment.

Respectfully submitted on June 4, 2018.

ROBERT C. TROYER

Acting United States Attorney
s/ Susan Prose

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on June 4, 2018, I served the foregoing document and attached

exhibit on the following non-CM/ECF participant by U.S. mail:

Matthew Hale

Reg. No. 15177-424
ADX – Florence
P.O. Box 8500
Florence, CO 81226
 Susan Prose United States Attorney’s Office

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00245-MSK-MJW

REVEREND MATT HALE,

Plaintiff,

v.

FEDERAL BUREAU OF PRISONS,

Defendant.

 

DECLARATION OF LIEUTENANT AMY KELLEY

 

I, Amy Kelley, pursuant to 28 U.S.C. § 1746, and based upon my personal knowledge

and information made known to me from official records reasonably relied upon by me in the

course of my employment, hereby make the following declaration relating to the above-entitled

matter:

 

1. I am employed by the United States Department of Justice, Federal Bureau of

Prisons (“Bureau”). I am a Lieutenant detailed to the Special Investigative Services Department

(“SIS”) of the Federal Correctional Complex (“FCC”) in Florence, Colorado. I have been a

Lieutenant at ADX Florence since October 2016 and I have worked in the Bureau in positions of

increasing responsibility since September 2012. Before becoming a Lieutenant, I was employed

as a Technician in the SIS Department.

 

2. FCC Florence consists of a minimum-security Federal Prison Camp (“FPC”), a

medium-security Federal Correctional Institution (“FCI”), the United States Penitentiary

(“USP”), and the United States Penitentiary-Administrative Maximum (“ADX”).

 

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RESPONSE IN OPPOSSITION TO MOTION FOR RELIEF FROM JUDGEMENT