The opinion of the court was delivered by: DUFFY
Liberty for all Americans, no matter to what philosophy they may adhere, is based upon reasonable restraints on individual action imposed for the common good. These restraints are embraced by Americans as a guarantee of their freedom and are found in our laws, rules and regulations. They are to be enforced in a totally nondiscriminatory manner. Adherence to these principles both by individuals and by government officials cannot be avoided because of mass hysteria over the alleged revolutionary ideas of an individual nor from the craven fear of criticism from the mass media. It is embarrassing for this court to have to remind the United States Department of Justice and its representatives of these fundamental principles; yet it appears necessary to do so in this matter.
Petitioner Kathie Boudin, a state court pre-trial detainee presently incarcerated at the Metropolitan Correctional Center ("MCC"), brought on by Order to Show Cause a petition for a writ of habeas corpus challenging the conditions of her confinement.
It is undeniable that these conditions of confinement are unique. It is my conclusion that they are also discriminating and in violation of the pertinent rules and regulations of the Bureau of Prisons. The celebrity surrounding petitioner and her alleged crime must be explained in order to understand the nature of the MCC's treatment of Ms. Boudin.
On or about October 20, 1981, Kathie Boudin was arrested in connection with the armed robbery of a Brinks armored truck in which one Brinks guard and two Nyack, New York police offers were killed. Ms. Boudin was arrested leaving the cab of a U-Haul van involved in the shootout. There are no allegations that Ms. Boudin was armed at any time during the crimes alleged.
Subsequent to her arrest, petitioner was taken to the Rockland County Jail. Rockland County District Attorney Kenneth Gribetz was concerned about the lack of adequate security measures available at the jail and agreed with United States Attorney for the Southern District of New York, John Martin, to transfer Ms. Boudin and a co-defendant Judith Clark to the custody of the Federal Bureau of Prisons for safekeeping. (See Exhibit 1, Affidavit of Warden Thomas, November 23, 1981). Petitioner arrived at the MCC on October 26, 1981 "amidst unparalleled security." (Affidavit of Warden Thomas, November 23, 1981, P 5). Upon her arrival, Ms. Boudin was immediately placed in administrative detention "because (she was) deemed to pose a high risk to the security of the institution and those within it." (Id., at P 13). Petitioner has remained in this secluded detention since that time. The conditions of her confinement are as follows:
1. Visits with members of her immediate family are permitted two days a week for a two hour time period;
2. No contact visits are allowed, even with Ms. Boudin's infant child;
3. Attorney visits are permitted any time between 8:00 a.m. and 8:30 p.m. Joint counsel visits are also permitted.
4. Petitioner is confined to her cell, except for the visits described above, for the rest of the day. One hour of recreation per day, consisting of solitary admission to the hall adjoining her cell, is provided;
5. Petitioner has been separated from her co-defendant Ms. Clark since her arrival at the MCC; and
6. Meals are served in her cell.
Petitioner asserts that the continuation of administrative detention and denial of contact visits is in violation of her constitutional and statutory rights. She requests immediate relief ...