The Pro Se Motion (Form)is what you send to your Federal District Court.
The Bureau of Prisons (BOP) encourages inmates to utilize the Administrative Remedy Process to address grievances.
It is advised that the patient/inmate maintain an accurate written timeline of events on a calendar and
Please keep four copies (and the original) of all relevant documentation for future reference. This practice will help keep track of important details and ensure all necessary information is readily available.
Use email when available.
ONLY ‘1’ COMPLAINT PER ADMINISTRATIVE REMEDY REQUEST IS ALLOWED, AND
EACH BP 8, 9, 10, 11, AND § 2241 MUST BE THE SAME COMPLAINT
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Keep four copies of all original documents for future use.
Take (or make) copies of everything and keep the originals.
Ensure to document all pertinent information about the incident, including the specific Day, Date to whom you Have Spoken, and The Time → of The Incident.
Not the date you are writing or filling out this form.
You’re expected to try to resolve the matter through a simple conversation with your counselor or (case manager), the BP-8.
ON EACH BP: 8, 9, 10 and 11
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Remember, each facility has its own rules; ask questions.
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To Start the Process, Speak with your Counselor (Called a BP-8) and again, learn how their process works – each facility is different.
When the counselor responds, remember what they tell you – with attention to detail, write your notes later and note the conversation’s date, content, and time.
Once the counselor explains the process, follow it strictly. Write the date that the incident “Happened,” not when you filled out the form – unless it’s the same date.
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Supplies to get started;
If you can access a copy machine, make four copies of everything (possibly in the library).
You may need a pen, tablet with paper, envelopes, and likely stamps. If there is no copy machine, you can handwrite four copies of everything – written precisely the same to be used on future BP Forms if needed.
A Calendar is critical.
With No Response or Negative Responses – Keep Track of the Days For Each BP: 8, 9, 10, and 11.
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Deadlines are Critical.
The BOP staff may be Late! You are not given that same grace period; if you are late, the staff may reject the complaint because the time to complain has expired.
Write down the day the incident happened.
Write down the day you made the informal complaint (which has to be within 20 days of the incident – or Sooner).
Where: start keeping a Journal. Order from Amazon; you will use it often.
Although a person in prison must adhere to the deadline of [“#”] days, staff members are not required to respond, nor do they have to respond or answer.
Nevertheless, you must show that you attempted to resolve the matter with an informal complaint.
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No Case Manager – Writing A Letter Can Substitute for a BP: 8, 9, 10, or 11.
If there is no counselor available,then write down that the counselor is unavailable and start the letter stating that and requesting that;
The Warden treated the letter as a BP-9, Administrative Remedy Appeal, or
The Regional Director treated the letter as a BP-10, Administrative Remedy Appeal, or
The Central Office treats the letter as a BP-11, Administrative Remedy Appeal.
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START Each BP With The SAME Complaint: Use the date and time of your original informal complaint (BP-8, attached), then (BP-9, attached), etc.
The date of the 1st incident is in the BP-8 (but not the Date the BP-8 was Written). This has to be the same and included in each BP.
OPTIONS;
You did not receive a response to your informal complaint. Write that no one responded to your complaint, and you filed the (NEXT BP # and Form IN SEQUENCE) to comply with deadlines.
If you received an unfavorable response, 1) Reply that you disagree with the decision on the complaint. 2) This is why you’re filing the (NEXT BP # and Form IN SEQUENCE) for a formal administrative remedy request.
If you’ve missed the deadline to file the formal complaint, you must explain the reason why. 1) For example, if you were sick or locked in the SHU, nobody provided you with a BP form. Do your best to comply with the deadlines because the BOP likes to Deny-Deny-Deny.
END Each BP Formby noting how you are sending it.
When submitting the form to the counselor, add or include their name, date, and time.
If you are putting the form in the unit mailbox, indicate the date and time you put it in the unit mailbox.
If you are in the SHU and have to submit it to a staff member, write down that person’s name and the date and time you hand the form to them.
WHERE APPROPRIATE, INCLUDE COPIES OF BOP POLICIES AND FORMS that validate your position. Medical, Dental, and Health Policy should be available in your library.
Include;
THE DATE OF THE INCIDENT IN YOUR BP-8,
THE NAME INDIVIDUAL(S) with whom you spoke,
WHY YOUR REQUEST is being made and
WHAT YOU’RE ASKING FOR.
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IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY CELL (240.888.7778), AND I PERSONALLY RETURN ALL MY CALLS.
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THE PROCESS STARTS, BP-8
…with the“Informal Complaint,” or BP-8, or Cop-Out, that one requests from their Case Manager. At best, this is an informal conversation with your Case Manager to see if they can resolve the issue.
With No Response or a Negative Response within 24 hours – The Formal Process Begins. The next day…
With No Response or a Negative Response within 24 hours – The next day
Regional Director / North Central Regional Office(Check against BOP List; if different, contact as many as possible.)
NCR Leadership: Andre Matevousian, Gateway Complex Tower II, 400 STATE AVENUE, SUITE 800, KANSAS CITY, KS 66101-2492, Certified – Return Receipt, Email: NCRO-ExecAssistant@bop.gov, Phone: 913-621-3939
The Patient or inmate requests a BP-11 from their Case Manager, who “Logs” it for the Record. This one goes to the Office of General Counsel in Washington, DC.
1)The 40-Day Clock Starts – and keeping track of the Days is Critical – Because if Late, theSTAKEHOLDERS May Choose to Use It’s Being Late To Deny Your Request.
2)Include copies of everything previously sent(BP: 8 or Cop-Out, 9, 10).
1) Where the prisoner does not challenge the validity of his conviction and sentence, but rather its execution (for example, claims that the BOP miscalculated a sentence or failed to properly award good time credits or complaints about conditions of confinement are appropriately raised in habeas corpus petitions), and 2) In exceptional cases where the prisoner can show that his remedy under Section 2255 is “inadequate or ineffective” under 28 U.S.C. § 2255¶ 5. Section 2241 habeas corpus petitions must be filed in the district where the prisoner is confined and are prosecuted by the U.S. Attorneys’ Offices in the districts where the petitions are filed.
28 U.S.C. § 2255, Filed Within 1 Year of Sentence, Person is In Prison, BP: 8-11 May Not Be Needed
Motions under 28 U.S.C. §2255 are challenging their convictions and sentences. A Section§2255 motion must be filed in the district where the prisoner was convicted and sentenced. The motion usually seeks to vacate the sentence or conviction and may request resentencing. As a general matter, Section§2255 is the proper vehicle for almost all federal prisoner collateral attacks, for example, claims of ineffective counsel. Again, as we are not attorneys, we are not rendering a legal opinion.
You can now draft Your Pro Se Motion – Form: Writ of Habeas Corpus Under 28 U.S.C. § 2241 to Your Federal District Court,
This goes to your Federal District Court. Certified – Return Receipt.
Include copies of everything previously sent (BP: 8, 9, 10, 11).
* I have read that this should go to the District Court where you are Incarcerated – THIS NEEDS TO BE CHECKED!
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PART II) STEPS FOR THE FAMILY, LOVED ONE, OR SOMEONE WITH POWER OF ATTORNEY
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** LEGAL REPRESENTATION IS RECOMMENDED
The Administrative Remedy Program Statement ( ‘Factsheet’) – Do the following.
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FIRST: Maintain an organized file to keep track of your loved one’s conversations and care, including dates, names, phone numbers, and steps taken.
Request a written detailed description of the issue with contact information for further details. KEEP COPIES OF EVERYTHING.
Compose a respectful letter to the warden advocating for your loved one. Certified – Return Receipt.
Present the facts, describe the issues, suggest possible solutions, and ask for inquiry, communication, and collaboration. Help is what you’re asking for, and you’ll “await” their reply (I look forward to hearing from you).
If a loved one is in jail and requires medical attention, specific actions must be taken to ensure they receive appropriate care.
If there is another Grievance, address it.
Request a written response from the Warden concerning your loved one’s medical condition and proposed treatment plan.
This will provide valuable insights into their health and the measures being taken to address any medical concerns they may have.
It’s a good idea to contact your loved one’s treating family doctor for additional support.
This could prove particularly beneficial if you have concerns regarding their current treatment plan or feel they aren’t receiving adequate care while incarcerated. The doctor could provide you with a letter to attach containing more insight into their condition and suggest ways to ensure they receive optimal care.
By staying informed and advocating for their medical needs, you can help ensure they get the right care – but no promises.
You’re creating what I call a Paper Trail, which lets all parties know that someone else is watching.
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Send Copies To All
Send copies of your complaint letter to relevant officials, including the prison’s medical director, but if you cannot contact the prison, there is always a,
Medical Director, there is always the BOP Assistant Adm. (addresses above) and your loved one in prison. Keep all originals for yourself. Check the BOP website and the addresses below.
BOP REGION DIRECTORS: WESTERN, NORTHEAST, SOUTHEAST, MID-ATLANTIC, SOUTH CENTRAL
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Contact your member of Congress.
To find your U.S. congressional representative, visit www.house.gov[xii] and enter your zip code. The name of your member will appear.
Call your congressional representative’s local office. Ask the staff member to whom you should send your letter.
Present the problem, stating the facts and your concern.
Describe the efforts you and your loved one have taken to resolve the problem and ask that your congressional representative investigate the issue.
Ask your Congressional Representative (or Assistant to ask for you) to write to your Warden directly—as you have been told that BOP Wardens pay attention to these emails. Have the Warden’s Name, Phone number, Email, and Address ready, and be specific about what help you need your representative to ask for or inquire about.
Congressional Representatives (you can provide a sample letter, if helpful),
…from the writer’s district,
…of the district where the prison is located,
…office in Washington, DC
Then, follow up with a pre-set phone call or appointment.
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File a Formal Complaint Directly with the Facility and look up the prison contact information.
1) Find Your Prison Warden, or Warden Assistant or secretary,
Bureau of Prisons, Headquarters, or the Department of Justice – Office of the Inspector General (2 contacts)
James Wills, AD/General Counsel, BOP Office of General Counsel, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.
Rear Admiral Chris Bina, BOP Assistant Director, Health Services Division, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.
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PART III) WHEN HEALTHCARE IS DENIED
LEGAL REPRESENTATION IS NEEDED – JUSTICE MOVES SLOWLY
Should medical care be denied once the defendant has either self-surrendered, been remanded, or is still incarcerated? WHAT CAN YOU DO?
Does the defendant and their family know what to do?
Was their medical background comprehensive when provided to their Probation Officer?
While this hopefully is a rare occurrence, it does happen, as you have read in recent cases.
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The Federal Bureau of Prisons Track Record of NOT Providing Medical Care – When It’s Needed
In November 2020, Bardell filed a motion[iii]requesting a Compassionate Release. He followed up with a Second Motion in February 2021[iv], accompanied by an Affidavit from an Oncologist. Despite the government’s opposition, Judge Dalton ordered Bardella’s release, expressing disgust at the situation.
However, upon his release, The BOP brought Bardell in his wheelchair to the Dallas/Fort Worth airport in a van, only to drop him off without his wheelchair, bleeding and soiling himself.
…a 47-year-old with a family history of breast cancer discovered lumps in her left breast while in federal prison. Treatment was denied until it was too late to treat – a judge released her on compassionate release.
…a 70-year-old was denied care for so long that he lost an eye, and a judge released him on compassionate release.
…for 7 months, another begged to see a doctor until it was too late, and he died of cancer.
…a 50-year-old male complaining of headaches, but the doctors said he was faking it, was eventually diagnosed with a cancer tumor the size of an egg and died.
On a deeper dive into the availability of medical care in prisons, there is a real possibility that the minimum standard for inmate healthcare, established in 1976 by a Supreme Court ruling, could be Stopped and Overturned using the same legal framework that caused the Overturning of Roe v. Wade in June.
Deliberately withholding treatment from prisoners with serious medical needs is considered “Cruel and Unusual Punishment⚖️” under the Constitution’s Eighth Amendment.
This requires a coordinated effort with the family (and the person incarcerated – if capable) and is best started long before the Presentence Interview.
In the end, it takes the efforts of the patient in the federal system through the,
Congressional representatives, and never giving up by constantly calling and advocating.
While there are never any guarantees, doing nothing guarantees that – nothing.
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PART IV. WHAT TO DO WHEN YOU HAVE A GRIEVANCE OR THERE IS A FAILURE TO PROVIDE MEDICAL CARE.
THE INMATE’S GUIDE TO ADMINISTRATIVE REMEDY REQUESTS IN FEDERAL PRISONS
This is a good guide; I do not recall where I found it online.
BOP REGULATIONS (P1330.18)
This I’ve covered in detail above.
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I review several methods (Above) for clients, now patients/inmates, to advocate for themselves and additional options for their loved ones, family members, and those with Power of Attorney.
This does not replace the need for Legal Representation. While the Eighth Amendment and BOP Regulations [04 Patient Care] state that medical care will be provided, its availability is sometimes questioned.
If a BOP Second Opinion Consult is granted, sometimes months to years later, allowed – the local prison Clinical Director is not required to implement those treatment recommendations (Program Statement P6031.04 (Pg. 20-21), which could keep the patient/inmate’s care “Within The Standard of Care” in their community.
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Unfortunately, the cases provided are current examples (as of 10/2023). The only proactive step one can take is to provide an accurate and comprehensive background that includes any medical issues they may have.
Once included in their Personal NARRATIVE provided 1-2 weeks before the Presentence Interview, and provided to their Probation Officer, it increases the chances of it being included in their official Presentence Report.
Should, on a rare occasion, a medical issue arise before the PSI where the current treating physician feels that the BOP (taking into account staffing issues in the BOP in general or at their Federal Medical Centers, or for other medical reasons), other actions may be indicated.
According to the BOP Policy, the court cannot order the BOP to provide specific medications, which may include treatments;
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BOP National Formulary Part I, 2022, Page 4, #9. Further, they appear to recommend consulting with BOP Counsel for that Region
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Ensure your client (and their loved ones) knows the dos and don’ts of the environment they’re about to enter – for it’s another world with a different set of rules.
THEIR FIRST HOUR COULD BE AN EMOTIONAL SHOCK.
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The Administrative Remedy
Understanding the importance of the Administrative Remedy is just a part of the Preparation and Knowledge Process. Knowing what to expect in prison – before their first day contributes to reducing the fears they and their loved ones naturally are going through. Having been through this, please prepare them because it will benefit them in many ways.
Realizing that there are no guarantees, preparation provides them with the information needed to stay out of trouble as well as how to navigate and work to gain the maximum benefit from the First Step Act Programs (should there be enough support staff), RDAP, Second Chance Pell Grants for College Courses, and overall work on their personal development. All of this is helpful as they approach their early release date.
