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DOJ-OGR-00020376.jpg

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Case 21-58, Document 92, 05/27/2021, 3109708, Page18 of 24 34. Consistent with her practice throughout the pendency of this case, Judge Nathan carefully considered Maxwell’s most recent complaint that nighttime security checks by MDC staff interfere with her ability to prepare for trial. When Maxwell asked Judge Nathan to direct the MDC either to modify its nighttime surveillance procedures or to justify those procedures, Judge Nathan solicited a response from the MDC and evaluated the explanation provided. In so doing, Judge Nathan focused on whether the MDC implemented the contested protocol based on neutral factors that justify any deviation from the ordinary practice. 35. Maxwell faults Judge Nathan for not “tell[ing] the Bureau of Prisons what to do.” (Mot. at 2). But even assuming that it were proper for a District Court to instruct the Bureau of Prisons regarding the details of operating a jail, Maxwell fails to explain why it was unreasonable to conclude that an increase of nighttime checks from the 30-minute intervals applicable in the SHU to the 15- minute intervals applied to Maxwell was warranted given the specific factors that heighten safety and security concerns for Maxwell. Unlike most other inmates, Maxwell does not have a cellmate who could alert staff if she was in distress, and Maxwell faces very serious charges under the glare of a high-profile case, the stress of which increases the possibility that she may self-harm. Moreover, as Judge Nathan noted, Maxwell offered no evidence to support the notion that those 18 DOJ-OGR- 00020376

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Filename DOJ-OGR-00020376.jpg
File Size 669.0 KB
OCR Confidence 95.3%
Has Readable Text Yes
Text Length 1,583 characters
Indexed 2026-02-03 19:55:22.911416