Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Gardner v. Grandolsky, No. 09-1742

By FindLaw Staff on October 26, 2009 4:18 PM

District court's denial of defendant's petition for habeas relief is affirmed as the Bureau of Prisons (BOP)articulated sufficient rationale for 28 C.F.R. section 550.58(a)(1)(vi)(B) to satisfy the arbitrary and capricious standard set forth in APA section 706(2)(A).  Furthermore, although the BOP's public safety rationale was not explicit in the Federal Register notices for the 1997 or 2000 regulations, the rationale may reasonably be discerned from the regulatory history and attendant litigation.   

Read Gardner v. Grandolsky, No. 09-1742

Appellate Information

On Appeal from the United States District Court for the Middle District of New Jersey

(D.C. Civil No. 08-cv-06127District Judge: Renee Marie Bumb.

Opinion Filed October 26, 2009

Judges

Before: Fisher, Jordan, and Van Antwerpen, Circuit Judges

Per Curium Opinion 

Counsel

Counsel for Appellant: Albert Gardner 

Counsel for Appellee:  Paul A. Blaine, Office of the United States Attorney

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options