On October 30, at approximately 8 a.m., I was summoned to the mailroom to receive a magazine recently ordered for me by family. Under BOP Program Statement 5800.17 and Program Statement 5266.11, magazines are considered “correspondence,” not packages, unless they contain non-publication items.
Mailroom staff Mr. Lucas presented me with an affidavit and stated I was required to sign it as a condition of receiving the magazine. He stated that signing the affidavit would make me legally responsible for any contents, including contraband. In 17 years in BOP custody, I have never been required to sign an affidavit to receive a publication, and no BOP policy authorizes such a requirement.
I asked to review the affidavit and inquired when this procedure began, noting that I was aware it is not policy. I stated that because the affidavit was a legal document, I would need to consult an attorney before signing. Mr. Lucas stated that if I did not sign sign immediately, the magazine would be returned to the sender.
Shortly thereafter, I attempted to speak to a lieutenant (supervisor) and state my case. After not being able to locate one, I decided to comply so I would not lose the publication. I returned to sign the affidavit. As Mr Lucas prepared to present me with the affidavit again, I stated that I am a paralegal and planned to research whether the procedure is consistent with BOP policy. Upon hearing that statement, Mr. Lucas abruptly refused to give me the magazine, and asserted that I had “threatened” him by stating my legal training. He stated he would forward the magazine to SIS as a “suspicious package.” The envelope had not been opened, and no contraband had been alleged or observed.
This practice is wrongful interference with my first amendment right to receive publications.