APPLICATION FOR PERMISSION TO FILE DECLARATION OF CORTNEY BUSCH
Pursuant to LCvR 65.1(c), Petitioner requests permission to file the attached Declaration of Cortney Busch (Busch Decl.) in support of Petitioners application for preliminary injunction. Respondents counsel have advised Petitioners counsel that Respondents will reserve their position on the motion until they review the declaration and the reasons why it is being submitted at this time. The declaration describes a May 5 and May 7, 2014 visit between Petitioner and a member of his legal team, Cortney Busch, the Operations Manager and a security-cleared paralegal with the legal action charity Reprieve. Busch Decl. 1-2. Earlier this week Ms. Busch received a cleared copy of her notes of the visits. Id. 2. During the visits, Ms. Busch observed the following: Mr. Rabbani was very frail and thinner than he had been when she met with him in August 2013. Id. 4. During the visits Petitioner described, among other things, how a series of recent force-feedings had been done incorrectly, resulting in a painful chest infection, raw nostrils and throat, an inability to breathe, and caused him to repeatedly vomit, including vomiting blood, and to lose consciousness. Id. 5-27. For example, on April 25, 2014, Mr. Rabbani was brought to the force-feeding by the Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 1 of 4 2
Forcible Cell Extraction (FCE) team. Id. 6. The feeding tube did not reach his stomach and instead turned upwards at the end of his throat. Id. Mr. Rabbani could feel the liquid pushing up his throat and dripping back down. Id. 7. He eventually coughed up the tube. Id. On April 26, 2014, the feeding tube was again inserted incorrectly causing Mr. Rabbani to feel like the tube was pushed up into [his] brain. Id. 8-9. On April 27, 2014, Mr. Rabbani experienced chest pain, vomited blood numerous times, and twice lost consciousness. Id. 10-11. Despite his condition, he was taken by the FCE team to the feeding chair, where he continued to vomit. Id. 12-13. Two days later, on Tuesday, April 29, 2014, Mr. Rabbani was brought to the feeding chair by the FCE team where it took four attempts to insert the feeding tube, which caused Mr. Rabbani to scream in pain. Id. 16-18. On Wednesday, April 30, 2014, after five minutes of feeding, and after three attempts to insert the feeding tube, Mr. Rabbani could feel the feeding liquid pooling in his throat. Id. 19-20. He could not breathe and started to cry and cough. Id. 20. Once the tube was removed he vomited blood. Id. 22. After remaining in the feeding chair for another thirty minutes, the force-feeding began again after multiple failed insertions. Id. 23-25. On Friday, May 2, 2014, the nurse incorrectly inserted and removed the feeding tube three times. Id. 27. As a result of the mistakes made during his force-feedings, Mr. Rabbani was left screaming in pain from his chest infection and raw nostrils and throat. Id. Mr. Rabbani stated that when he vomits, which typically occurs after each feeding in the feeding chair, the FCE team puts a mask or cover over his face, resulting in vomit covering his face and going into his eyes, ears and hair. Id. 28. He detailed a new system of force-feeding whereby certain men are declared to have gained enough weight so that they no longer need to be force fed. Id. 29. These men are then not fed for days or weeks at a time and lose weight, at which time the force feeding resumes. Id. Mr. Rabbani believes the objective of this new procedure is to reduce the Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 2 of 4 3
official number of men being force fed at any given time. Id. This happened to him in J anuary 2014 when it was declared he weighed 111.5 lbs. Id. 30. After not being force fed for ten days his weight dropped to 105.6 and the force feeding resumed. Id. This process causes the men to become frail and weak and their stomachs to shrink so that when feeding resumes it causes pain. Id. 31. Mr. Rabbani also discussed the difference in feeding between morning and night, with night time feedings being more chaotic and the feeding process sped up. Id. 32.
Respectfully submitted,
/s/ J on B. Eisenberg JON B. EISENBERG (CA State Bar #88278) 1970 Broadway, Suite 1200 Oakland, CA 94612 (510) 452-2581 jeisenberg@horvitzlevy.com
/s/ Cori Crider REPRIEVE Clive Stafford Smith (LA Bar #14444) Cori Crider (NY Bar #4525721) Alka Pradhan (D.C. Bar #1004387) P.O. Box 72054 London EC3P 3BZ United Kingdom 011 44 207 553 8140 clive.stafford.smith@reprieve.org.uk cori@reprieve.org.uk alka.pradhan@reprieve.org Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 3 of 4 4
Dated: May 22, 2014
/s/ Eric L. Lewis LEWIS BAACH PLLC Eric L. Lewis (D.C. Bar #394643) Elizabeth L. Marvin (D.C. Bar #496571) 1899 Pennsylvania Avenue, NW, Suite 600 Washington, DC 20006 (202) 833-8900 eric.lewis@lewisbaach.com elizabeth.marvin@lewisbaach.com
Counsel for Petitioner/Plaintiff
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