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United States v. Nichols
Case No. 1:21-cr-00117 · U.S. District Court for the District of Columbia · 10 federal charges · Judge Hon. Thomas F. Hogan (pretrial & detention, 2021–2023); Hon. Royce C. Lamberth (plea, sentencing & judgment, 2023–2025)
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May 15, 2022
Step 4 Deputy Director Appeal: Suicide pre-caution Med 82, mental health ignored - IGP #20220516-378
DC DOC Step 4 Appeal-Deputy Director Form (PP 4030.1, IGP # 20220516-378) by Ryan Nichols dated 5/15/22 escalating mental health care request. Was on Medical 82 Suicide Pre-Caution being neglected. Left Med 82 on 5/9/22 still asking once more for mental health help from psychiatrist and LT Lancaster. Deputy Director Response 5/23/22: Seen for Mental Health Appointment on 5/17/2022, scheduled for follow up appointment with psychiatrist 6/2/22. Multiple RECEIVED stamps 5/19/2022, 5/23/2022, COMPLETED MAY 1 6 2022.
ReadMay 15, 2022
Appeal — Deputy Director Form (Faint Copy), 5/15/22
DC DOC Appeal — Deputy Director Form (PP 4030.1, Attachment G), Step 4. Filed by Ryan Nichols, DCDC# 376795, C2B, 5/15/22. Faint photocopy. Reason for appeal references In response to Wardens IGP written on 4/21/22, did not receive response within 15+ business days, mental health care... — same/related to scan 020. Deputy Director Response section blank in this copy. Likely a less legible duplicate.
ReadMay 14, 2022
Witness statement: Ryan Nichols — Divontay Brown suicide attempt in SHU
Witness statement authored and signed by Ryan Nichols on 5/14/22 recounting that CPL Abdullah reported on Saturday May 14 at ~10:30am that Divontay Brown had hanged himself in SHU. Nichols had shared a medical safety cell with Brown in early May and reports LT Lancaster refused to release Brown from 22+ months in isolation despite repeated requests for help. Co-witnessed by Peter Stager, Kenny Harrelson, Jeff McKellop, Kelly Meggs.
ReadMay 13, 2022
Step 2 Formal Grievance #20220516-377: Mental health post-solitary - D. Jones response
DC DOC Step 2 Formal Grievance Form (IGP # 20220516-377) by Ryan Nichols dated 5/13/22 with DOC RESPONSE filled in. Companion to j6s13-044. DOC Response by D. Jones, DHSA, 5/20/22: Mr Nichols has been seen by an MH provider on the following dates 5/6 and 5/17. Grievance answered. Manager B. Jordan 5/29/22.
ReadMay 13, 2022
Step 2 Formal Grievance: Mental health post-solitary, IGP #20220513-291
DC DOC Step 2 Formal Grievance by Ryan Nichols dated 5/13/22, escalating Formal IGP # 20220513-291 and Informal IGP # 22090716-282. Was told he would return to his cell after population on 4/27-4/28 but did not until almost 2 weeks later. Mental health/solitary confinement issues for about 2 weeks regardless; not seen for mental health treatment since 4/27/22. Health Care selected.
ReadMay 13, 2022
DC DOC Issues log continued - May 9-13, 2022
Continuation of DC DOC issues log. 5/9/22 Taken back to SHU-B from medical S2. 5/10/22 Taken back to C2B. 5/13/22 Legal mail & commissary returned.
ReadMay 12, 2022
Denial of IGP #20220512-291: Mixing Medical/MH with Operations - resubmit
DC DOC Denial of Inmate IGP Form returned to Ryan Nichols 5/12/22 by T. Campbell. IGP # 20220512-291 (dated 5/10/22, received 5/12/22) denied with Other: IGP#22090716 (attached) pertains to Medical/mental health, this IGP #20220512-291 pertains to Operations. Please resubmit IGP with clear understanding of complaint.
ReadMay 11, 2022
Witness statement: Kelly Meggs — hate-mail received in DC Jail and at home
Handwritten witness statement by Kelly Meggs (dated 5/11/22) reporting receipt of hate mail for ~13 of 15 months in DC Jail, plus parallel harassment mailed to his home (~1/week each), shared with attorneys, FBI, Pretrial Services, and postmasters in FL and DC; senders reference his GiveSendGo.
ReadMay 10, 2022
DC DOC Informal Resolution: Lt Allen ignored suicidal ideation (5/5/22)
DC DOC Inmate Informal Resolution Complaint Form (PP 4030.1, IGP #20220512-289) filed by Ryan Nichols #376795 C2B/SMU-A 5/10/22 alleging Lt. Allen refused to engage when Ryan reported being suicidal after 15 days in SMU-A solitary, walked away saying "Sorry you feel that way, I hope you don't die." Tracks lack of mental-health care; Ryan ended up in Medical 82 5/6-5/9. Witnessed by Roberts.
ReadMay 10, 2022
Inmate Informal Resolution — Suicidal in SMU-A, LT Allen Refused Care (5/10/22)
DC DOC Inmate Informal Resolution Complaint Form (PP 4030.1 Attachment C), filed by Ryan Nichols, DCDC# 376795, C2B / SMU-A, 5/10/22. IGP #20220512-289. Stamped RECEIVED MAY 12 2022. Categories: Health Care, Staff Treatment, Safety/Security. Date of incident 5/5/22 evening. Offender: LT Allen. Reason: On 5/5/22 Ryan informed LT Allen he was suicidal after being in SMU-A solitary confinement for 15 days; LT Allen refused to come up and have a conversation, then said put a request in, then said sorry you feel that way, I hope you dont die, told officer to write that in the book, and left without checking. DOC Response: DOC records clearly state inmate received mental health treatment when it was deemed necessary in a timely manner; he stayed in Medical 82 solo 5/6-5/9. IGP Coord 5/17/22. Ryans note: No mental health care that night, or the next day until the following evening after I told 4-6 officers of the state of my mental health condition.
ReadMay 10, 2022
Step 1 IGP #20220512-289: LT Allen refused suicidal help - I hope you dont die
DC DOC Step 1 Informal Resolution Form (IGP # 20220512-289) by Ryan Nichols dated 5/10/22 - critical mental-health/suicide grievance. On 5/5/22 informed LT Allen he was suicidal after 15 days in SMU-A. LT Allen refused conversation, walked away saying Sorry you feel that way, I hope you dont die. Stayed in Medical 82B Solitary cell 5/6-5/9. DOC Response by Tagley 5/10/22 confirms no mental health treatment until 4-6 officers told. Manager: COVID-19.
ReadMay 10, 2022
Step 1 Informal Resolution: Missing 00+ from SMU property hold - IGP #20220512-290
DC DOC Informal Resolution Form (IGP #20220512-290) filed by Ryan Nichols 5/10/22, complaining LT Lancaster informed him no more property in SMU property hold, so his 00+ commissary and property has been lost or stolen since being placed in SMU-A on 4/20/22. DOC response 5/23/22 from Bruce/Marr claims after investigation property had been returned to inmate Nichols.
ReadMay 10, 2022
Step 1 Informal Resolution: Missing legal mail/Congressman letter from SMU property - IGP #20220512-290
DC DOC Informal Resolution Form (IGP # 20220512-290) filed by Ryan Nichols 5/10/22 alleging legal mail, US Mail, legal documents, letters from Congressman and pictures have been lost/stolen/sabotaged from property hold during placement in SMU-A 4/20/22. Demands his legal property and sensitive documents not be seen by DC DOC; if not released should be sent to attorney Joseph McBride.
ReadMay 10, 2022
Step 1 Informal Resolution: Water shutoff 20+ hours 5/1-5/3 - IGP #20220512-288
DC DOC Informal Resolution Form (IGP # 20220512-288) by Ryan Nichols dated 5/10/22 documenting water shutoff in his SMU-A cell for 20+ hours from 5/1-5/3 over actions of another inmate. DOC Response 5/16/22 by LT Lancaster states this incident is currently being investigated. Manager S. Marr 5/17/22 - matches water-shutoff investigation closed 5/17.
ReadMay 10, 2022
Step 2 Formal Grievance #20220512-291: Denied open pop return 4/27, LT Lancaster
DC DOC Step 2 Formal Grievance Form (IGP # 20220512-291) by Ryan Nichols dated 5/10/22, escalating Informal IGP # 22090716-282 about being told he would return to open population 4/27-4/28/22 but was then told 5/6/22 by LT Lancaster he was not returning. Q: why did the IGP coordinator say to address to warden when LT Lancaster says no? DOC Response 5/12/22 T. Campbell: Non-grievable - See attached. Manager: COVID-19. Notes that IGP signed COVID-19 should not be happening; deliberately done to not be held accountable.
ReadMay 10, 2022
DC DOC Informal Resolution: solitary confinement 15 days (5/10/22)
DC DOC Inmate Informal Resolution Complaint Form (PP 4030.1) — faded copy from Ryan Nichols 376795 C2A dated 5/10/22. Complaint relates to incident 5/5/22 — being held in solitary confinement for 15 days. Health Care/Safety and Security/Staff Treatment/Other selected. Form blank in DOC response section. Faded ink, partially illegible.
ReadMay 10, 2022
Inmate Informal Resolution Complaint — Solitary Confinement (5/10/22)
DC DOC Inmate Informal Resolution Complaint Form (PP 4030.1, Attachment C), filed by Ryan Nichols, DCDC# 376795, unit C2B (then unit listed 2A), 5/10/22. Categories checked: Health Care; Staff Treatment; Safety and Security; Other. Date of incident 5/5/22. Complaint about being placed in solitary confinement for 13 days, allegedly without proper notification or process. Faint handwriting. No DOC response visible.
ReadMay 10, 2022
Step 1 Informal Resolution (inmate copy): Water shutoff - IGP #20220512-288
Inmate copy (Copy 2) of DC DOC Informal Resolution Form (IGP # 20220512-288) by Ryan Nichols dated 5/10/22 about water shutoff. Blank DOC response side; manager name field amusingly written as Covid-19. Companion to scan j6s13-007.
ReadMay 9, 2022
Habeas Petition p.32 — McBride/Glover email exchange re solitary confinement
Page 32 of habeas corpus petition reproducing May 9, 2022 email exchange between Attorney McBride and DC DOC General Counsel Glover about solitary confinement, restrictive housing, and PTSD diagnosis.
ReadMay 9, 2022
Habeas Petition p.33 — Section K Inmate Grievance Process Irreparably Broken
Page 33 of habeas petition opens Section K detailing how DC Jail Inmate Grievance Process (IGP) is corrupted, futile, and broken; cites mental health request ignored Mar 21 2022.
ReadMay 9, 2022
Habeas Petition p.34 — IGP Coordinator T. Campbell grievance handling
Page 34 of habeas petition detailing IGP Step 1/Step 2 grievance failures by Coordinator T. Campbell; mental health appointments Mar 25 and Mar 30 2022 inadequate; therapist Bruce Reid mentioned.
ReadMay 9, 2022
Habeas Petition p.35 — Steps 3 and 4 grievance: solitary, water shutoff, suicide watch
Page 35 of habeas petition describing Step 3 Warden Admin Remedy and Step 4 Deputy Director Appeal; mentions retaliatory solitary, water shut off, medication denial, suicide watch in medical 82.
ReadMay 9, 2022
Habeas Petition p.36 — Step 4 Appeal sabotaged, IGP Coordinator changed form
Page 36 documents Step 4 Appeal to Deputy Director where IGP Coordinator T. Campbell crossed out "Step 4: Appeal" and rewrote as "Step 1: Informal," sending petitioner back to start.
ReadMay 9, 2022
Habeas Petition p.37 — Grievance against IGP Coordinator T. Campbell
Page 37 continues IGP critique; May 24 2022 grievance filed against T. Campbell; June 9 2022 response denies sabotage allegation; cites EXHIBIT C at 5-6.
ReadMay 9, 2022
Habeas Petition p.38 — 108 grievances, 42 ignored, intimidation of J6 detainees
Page 38 summarizes 108 grievances filed by Petitioner (42 ignored = 50% non-response rate); cites system-wide obfuscation against J6 Detainee Cohort.
ReadMay 9, 2022
Habeas Petition p.39 — Grievance sabotage, Nov 11 2021 gassing of multiple prisoners
Page 39 describes deliberate grievance sabotage: changed grievance numbers, no group grievances allowed; Nov 11 2021 guard gassed prisoners, three removed on stretchers.
ReadMay 9, 2022
Habeas Petition p.40 — Inaccessible grievance process; Section VI Legal Standard begins
Page 40 closes Section K (grievance) showing process inaccessible — no handbook, Step 3 form missing — and time limits expanded May 20 2022 in retaliation. Section VI Legal Standard opens with Blackstone quote on arbitrary imprisonment.
ReadMay 9, 2022
Habeas Petition p.41 — Suspension Clause, 28 USC 2241 jurisdiction, Section A conditions of confinement
Page 41 continues Legal Standard with 28 U.S.C. 2241 habeas authority and 28 U.S.C. 1331 jurisdiction; cites Boumediene v. Bush, Ziglar v. Abbasi; begins Section A: Conditions of Confinement Claims Are Proper In Habeas.
ReadMay 9, 2022
Habeas Petition p.42 — Section B Due Process Rights of Pretrial Detainees
Page 42 closes Section A with Aamer v. Obama, Thompson v. Choinski; opens Section B Due Process Rights of Pretrial Detainees citing Bell v. Wolfish and Kingsley v. Hendrickson.
ReadMay 9, 2022
Habeas Petition p.43 — Section C Deliberate Indifference to Underlying Medical Condition
Page 43 ends Section B and opens Section C on Deliberate Indifference, citing Baker v. DC, Farmer v. Brennan, Gordon v. Orange County, Castro v. LA.
ReadMay 9, 2022
Habeas Petition p.44 — Section D Solitary Confinement as Punishment; Biblical and historical examples
Page 44 opens Section D on solitary confinement as unlawful punishment for pretrial detainees; cites Sierra Club v. Army Corps, Power Mobility Coal v. Leavitt; Biblical examples (Daniel, Jeremiah, John); Stalin and Vilensky.
ReadMay 9, 2022
Habeas Petition p.45 — Nelson Mandela, Eastern State Penitentiary 1829, Senator Warren on ICE solitary
Page 45 continues solitary confinement history with Mandela quote, Eastern State Penitentiary 1829 origins, Justice Miller 1890, and Senator Elizabeth Warren Oct 31 2019 letter to DHS CRCL on ICE solitary abuse.
ReadMay 9, 2022
Habeas Petition p.46 — Section E HALT Act, NY Solitary Confinement, Senator Salazar
Page 46 opens Section E on New York HALT Act signed Mar 18 2021 by Gov. Cuomo, adopting UN Mandela Rules; quote from Senator Julia Salazar (Chair of Crime Victims Committee).
ReadMay 9, 2022
Habeas Petition p.47 — Section F UN Standard Minimum Rules (Nelson Mandela Rules)
Page 47 opens Section F on UN Nelson Mandela Rules; cites WHO, UN, NCCHC declaring solitary >15 days as torture; Rule 1 inherent dignity.
ReadMay 9, 2022
Habeas Petition p.48 — Section G Prolonged Solitary as Torture; Section VII PRLA Exhaustion
Page 48 details Mandela Rules 43, 44, 45 banning prolonged solitary, dietary punishment, and solitary for disabled; opens Section VII on PRLA exhaustion 42 U.S.C. 1997e(a).
ReadMay 9, 2022
Habeas Petition p.49 — PRLA Unavailability, Thwarting Process, Interference
Page 49 explains PRLA exhaustion exceptions: unavailability (Booth v. Churner, Ross v. Blake), thwarting (Woodford v. Ngo), and interference by officials.
ReadMay 9, 2022
Habeas Petition p.50 — Section A Petitioner Excused from PRLA Exhaustion
Page 50 cites Davis v. Hernandez, Schultz v. Pugh, Pavey v. Conley, Tuckel v. Grover, Goebert v. Lee County to support exhaustion exception; Section A argues unavailable grievance procedure.
ReadMay 9, 2022
Habeas Petition p.51 — Unavailability and Thwarting/Interference as PRLA exceptions
Page 51 lays out specific PRLA exhaustion exceptions: 196 unavailability with Ross v. Blake and 197 thwarting/interference with Woodford v. Ngo.
ReadMay 9, 2022
Habeas Petition p.52 — Intimidation, Misleading; US Marshals declared grievance process broken
Page 52 continues PRLA exceptions: 198 intimidation/threats; 199 misleading — references US Marshals surprise inspection declaring DC Jail grievance process broken; 200 Petitioner is excused.
ReadMay 9, 2022
Habeas Petition p.53 — Section VIII First Claim: Deliberate Indifference Violates 5th Amend Due Process
Page 53 opens Section VIII Causes of Action with First Claim — Respondents Garland and Jones deliberate indifference to medical safety/needs violates Fifth Amendment Due Process Clause.
ReadMay 9, 2022
Habeas Petition p.54 — WaPo Op-Ed by ACLU Gregg + NYCLU Liberman on solitary torture
Page 54 quotes Apr 28 2021 Washington Post op-ed by ACLU National Prison Project deputy director Tammy Gregg and NYCLU executive director Donna Liberman declaring prolonged solitary is torture; 60,000-300,000 held in solitary in US.
ReadMay 9, 2022
Habeas Petition p.55 — Congressman Gohmert wellness check, 3 weeks solitary April 2022
Page 55 alleges Respondents repeatedly placed Petitioner in solitary despite PTSD diagnosis; April 2022 3-week solitary for refusing to admit guilt; April 21 2022 Congressman Louie Gohmert wellness check.
ReadMay 9, 2022
Habeas Petition p.56 — Gohmert Aug 8 2022 follow-up; Second Claim: Solitary Violates Due Process
Page 56 quotes Aug 8 2022 Congressman Gohmert follow-up letter to USMS Director Davis; opens Second Claim for Relief — illegal solitary confinement violates Fifth Amendment Due Process.
ReadMay 9, 2022
Habeas Petition p.57 — Third Claim: Prolonged Solitary Violates 5th and 8th Amendments
Page 57 details Petitioner held in prolonged solitary first 9 months of detention and 3 weeks more recently; opens Third Claim for Relief — Fifth and Eighth Amendment violations.
ReadMay 9, 2022
Habeas Petition p.58 — ACLU 2013 Report "A Death Before Dying" on solitary effects
Page 58 cites ACLU July 2013 report "A Death Before Dying: Solitary Confinement on Death Row" listing psychological/physical symptoms of solitary including EEG decline after 7 days and increased suicide rates.
ReadMay 9, 2022
Habeas Petition p.59 — Fourth Claim: 6th Amendment Right to Counsel Violations
Page 59 opens Fourth Claim: monitoring of attorney-client privileged calls, discovery confiscation, denial of law library access, blocked legal calls, denied discovery for all of May 2022.
ReadMay 9, 2022
Habeas Petition p.60 — Fifth Claim 1st Amendment Retaliation; Section IX Conclusion
Page 60 references Judge Thomas Hogan ordering Relativity database access 3 times; opens Fifth Claim — First Amendment retaliation for press/Congressional contact; Section IX Conclusion summarizes claims.
ReadMay 9, 2022
Habeas Petition p.61 — Section X Prayer for Relief: release, injunction, release to wife Bonnie
Page 61 opens Section X Prayer for Relief: writ under 28 USC 1331/2201-02 and FRCP 57/65; TRO and injunction against pretrial solitary; immediate release to wife Bonnie Nichols; 28 USC 2243 within 3 days; FRE 706 expert site visits.
ReadShowing 1,009–1,056 of 1,866 documents