DOJ-OGR-00001451.jpg

Case 21-770, Document 73, 05/27/2021, 3109708, Page11 of 24 increased stress of a high-profile case, and her sleeping situation in a cell by herself without acellmate. (Ud. at2). Third, the Government noted that the MDC would not permit Maxwell to have an eye mask because such an item is not available in commissary and is not issued to inmates. (/d.). MDC staff do, however, permit Maxwell to cover her eyes at night using other items that are available in commissary or that are issued to inmates. (/d.). 20. In response, on May 7, 2021, Maxwell filed a reply letter disputing the MDC’s explanation for the implementation of an enhanced security schedule for Maxwell and raising additional concerns regarding conditions at the MDC beyond Maxwell’s sleeping conditions but without seeking particular relief as to those conditions. (Mot. Ex. E). At no point did Maxwell file an affidavit in support of her claims regarding the conditions of her confinement. 21. On May 14, 2021, Judge Nathan issued a written decision denying Maxwell’s request for an order directing the MDC to modify its nighttime monitoring schedule. (Mot. Ex. B). In reaching this decision, Judge Nathan noted that Maxwell’s claim that MDC staff was shining a flashlight directly into her eyes and disrupting her sleep was “unsupported by affidavit or other factual showing.” (/d. atl). Judge Nathan emphasized that all MDC inmates are subject to nighttime flashlight checks and found that “there are a number of neutral reasons” 11 DOJ-OGR-00001451