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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ____________________________________ ) CHRISTOPHER SHAW TIPTON, ) ) v. ) Civil Action No. CCB 03-153 ) FEDERAL BUREAU OF PRISONS, ) et. al. ) ) ____________________________________ KERRY CHRISTOPHER CANAVAN, v. FEDERAL BUREAU OF PRISONS, ) et. al. ) ) ) ) ) ) )

Civil Action No. CCB 03-154

____________________________________ BRIAN BRINSFIELD v. FEDERAL BUREAU OF PRISONS, ) et. al. ) ) ) ) ) ) )

Civil Action No. CCB 03-192

MEMORANDUM These related cases involve requests for injunctive relief filed on behalf of Christopher Shawn Tipton, Kerry Christopher Canavan, and Brian Brinsfield, all of whom are presently serving sentences in community confinement centers run by the Volunteers of America ("VOA"). All three have been advised, pursuant to the new policy imposed on the Bureau of Prisons ("BOP") by the Department of Justice ("DOJ"), that they are to be transferred to the Federal Correctional Institution in Morgantown,

West Virginia to serve the remainder of their sentences. Following oral argument, temporary restraining orders were granted on January 22, 2003. With consent of counsel, the orders were extended until April 30, 2003, to permit full briefing of the motions for preliminary injunction. That has been completed, and neither side requests a hearing. For the reasons that follow, the motions for preliminary injunction will be granted. Facts1 Tipton pled guilty to a criminal information charging him with conspiracy to distribute cocaine. On April 29, 2002, Tipton was sentenced by Judge Frederic N. Smalkin to a term of imprisonment of twelve months and one day. Judge Smalkin recommended that Tipton be assigned to "a residential CTC, specifically VOA, Baltimore, Md., with work release." The BOP agreed, and told Tipton to report as designated to VOA on August 26, 2002. He did so, and has been fully compliant with the terms of his sentence since then. Service of his sentence at VOA permits him to support his wife and two-year-old daughter by full-time employment as an apprentice journeyman lineman, which was Judge Smalkin's intention. Severe financial hardship, possibly including bankruptcy, would result from the loss of this employment. He may also be terminated from the apprenticeship program, which would affect his later ability to earn a living. Similarly, as the court intended, service of his sentence at a community confinement center permits him to maintain a parental bond that would be difficult to do with the greater travel distance and limited visitation available at FCI Morgantown. Canavan pled guilty to conspiracy to commit money laundering. On June 19, 2002, he was

The government does not challenge the plaintiffs' statements of fact, which in any event are well supported by the record. 2

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sentenced by Judge Frederic N. Smalkin to a term of imprisonment of 15 months. Judge Smalkin recommended that Canavan be housed in "a residential CTC, preferably VOA, Baltimore, MD." The BOP again agreed, and told Canavan to report to VOA on September 24, 2002. He did so, and has had no trouble at VOA since then. His ability to work full-time in an accounting office and with other family business interests has supported his wife, in-laws, and three daughters and prevented bankruptcy. This job will be lost if he is transferred to FCI Morgantown. Most significantly, service of his sentence at VOA permits him to maintain daily contact, by telephone or visitation at VOA, with his wife, who suffers from multiple sclerosis. She is, for the most part, confined to a wheelchair, and manages daily activities only with difficulty. As she says: "My husband has been with me for the duration of my illness, and I rely on my husband for the emotional support I need to get out of bed every morning." (Declaration of Bonnie Canavan at

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Maryland Law