The 10th Circuit Court of Appeals issued one opinion on November 2 with Colorado ties. Read the case brief or full opinion, below.
Mostafa v. Blanche, et al., Appeal from the United States District Court for the District of Colorado (D.C. No. 1:20-CV-00694-PAB-MDB). Mostafa Kamel Mostafa is serving a life sentence for terrorism-related offenses at the federal Administrative Maximum Prison in Florence, Colorado (“ADX”). He is severely disabled with both arms amputated above the elbow and no vision in his left eye.
Mr. Mostafa sued the Attorney General, FBI Director, Bureau of Prisons (“BOP”) Director, and ADX officials for various federal constitutional and statutory violations. The district court dismissed or granted summary judgment to the Defendants on most of Mr. Mostafa’s claims. He voluntarily dismissed the remainder with prejudice.
Mr. Mostafa’s appeal mainly concerns his Eighth Amendment claim alleging deliberate indifference to his medical needs. The district court dismissed it for failure to state a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On appeal, he argues the district court should have (1) evaluated his Eighth Amendment and other constitutional claims under the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq.; (2) held that his medical indifference claim could be brought under Bivens; (3) granted leave to amend his complaint; and (4) reviewed his challenge to the cost of deposition transcripts. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. Read the opinion.