There have been separate actions and filings undertaken by Eric and his legal team within the last three weeks. https://www.dolawllc.com/
On Monday, February 27th, a habeas petition was filed to address Eric’s illegal confinement within the ADX Supermax in Colorado, along with a demand for an emergency court hearing and a protection order against BOP staff to address:
-Illegal, retaliatory placement within the Supermax
-Years of retaliatory disciplinary hearings by BOP staff
-Denial of all good time credit towards his pending release
-Imprisonment extending beyond the February 2023 projected release date for halfway house or home confinement eligibility
-Years of Eric’s endless captivity in segregation
-The ADX Supermax Special Administrative Procedure policies being publicly unreviewable, and the lack of structure for the release of ADX prisoners being in violation of directives by Congress as well as the Administrative Procedure Act
-Eric’s repeated lack of access to legal counsel, as well as contact with family or the general public
-Years worth of medical care negligence
-The continual denial of administrative review by prison staff for Eric’s maximum security designation and endless placement in segregation
-Conspiracy to place white supremacist prisoners near Eric to target him
-The irreparable harm this will cause to Eric’s safety
The finalized civil complaint was also submitted February 21st, illustrating the BOP’s collusion in various capacities through the Klan Act, Bivens, Tort Claims, and Administrative Procedure Act:
The Klan Act confronts the deprivation of constitutional rights inflicted on citizens by any official acting under color of law, including direct or indirect deprivation of rights. This means government employees who blatantly act with impunity, but also those who knew of a violation and was in a position to prevent the deprivation of rights but did nothing. The Klan Act’s origin was to confront government officials that enabled the Ku Klux Klan to murder, assault, lynch, and attempt coups for power or control elections. It directly confronts racial and class targeting as a discriminatory motive from government officials. This lawsuit reveals specifics of how Eric has been blatantly targeted by prison staff for being antiracist and antifascist.
The Bivens filings compliment the Klan Act, because it specifically applies to federal agents/employees acting unconstitutionally in the name of the US government while performing their official duties.
The Federal Tort Claim that’s filed addresses Eric’s physical injuries, retaliatory destruction of property, and negligence by acting officers of the DOJ and Bureau of Prisons.
The lawsuit also references the Administrative Procedure Act, which was created so “agencies must abide by their own regulations” to prevent abuse of power and impunity. Eric has exhausted all administrative review processes available to prisoners to file grievances or to have a chance to be seen by a judge, with Eric literally targeted and punished by using one of the only avenues available to him as a prisoner to address his 1600+ days in segregation, the violence and harassment inflicted by prison staff, his lack of phone time or visits or mail, lack of access to his attorneys, and lack of proper medical care.
Right now, the very best way to help Eric and his family is to share this fundraiser to prepare for whatever comes next, as he and his family faces dire financial needs to establish life on the outside. Especially while Eric’s family continues to fight to gain approval from probation for Eric to be released to his family’s home.