Rezaq v. Nalley, et al, No. 11-1069 (10th Cir. 2012)
Annotate this CaseIn three consolidated cases, Plaintiffs-Appellants Omar Rezaq, Mohammed Saleh, Ibrahim Elgabrowny, and El-Sayyid Nosair appealed the district court's grants of summary judgment in favor of Appellee Federal Bureau of Prisons (BOP) and named officials in brought pursuant to 28 U.S.C. 1331, 1343(a)(4), 1346, 2201, and 2202. All three were convicted of terrorism-related offenses. Rezaq's action was filed in 2007; the action by Saleh, Elgabrowny, and Nosair filed in 2008. Plaintiffs contended that they had a liberty interest in avoiding transfer without due process to the Administrative Maximum Prison (ADX) in Florence, Colorado, where they were formerly housed. In separate orders, the district court rejected their arguments and found that Plaintiffs lacked a cognizable liberty interest in avoiding confinement at ADX. While the BOP agreed with this reasoning, it also contended that all of Plaintiffs' claims became moot when they were transferred to other prisons. Upon review, the Tenth Circuit concluded that these cases were not moot and affirmed the district court's judgments on the merits.
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