Reid v. Inch

The DC Circuit reversed the district court's dismissal on mootness grounds plaintiff's action because the allegations in the complaint logically fell within a mootness exception for claims capable of repetition yet evading review. Plaintiff filed suit alleging that the BOP had violated its own policies and procedures in three ways: (1) the BOP had failed to deliver his magazine subscriptions while he was confined in special housing units (SHUs); (2) the BOP had deprived him of outside exercise while he was confined in SHUs; and (3) the BOP deprived him of meaningful access to the administrative remedy procedures.In this case, the district court dismissed the pleadings on the basis that plaintiff's transfer from the SHU rendered inapplicable the capable of repetition, yet evading review exception as a matter of law. The court held, however, that there was no logical flaw in the theory of why the mootness exception could apply. Plaintiff adequately alleged that the challenged action was too fleeting to be fully litigated, and there was no logical deficiency in plaintiff's allegation that he reasonably expects to be subjected to the same challenged deprivations in the future. View "Reid v. Inch" on Justia Law