Ammon Bundy May File Civil Rights Suit Over Jail Treatment

Ammon and Ryan Bundy, the brothers at the center of the armed occupation of the Malheur National Wildlife Refuge, are considering whether they should file a civil rights suit against Multnomah County for their treatment in jail.

"Ammon and Ryan Bundy are contemplating whether to seek relief in state court for civil rights violations," Ammon's lawyer, Mike Arnold wrote in court papers filed Tuesday. "The harm is ongoing and is enhanced as trial approaches. They have been confined without that ability due to the conditions of their pretrial confinement while presumed innocent.

"They attempted to work through these issues with jail staff, but now are forced to evaluate other viable options to protect their rights as citizens who stand accused with the weight of the Government against them."

The filing details complaints from the Bundys and several codefendants, covering topics including a request for a desk and chair, access to discovery materials, access to the jail's law library, office supplies, and whether or not they can wear religious garments.

"The conditions at the jail are affecting these Defendants’ Due Process rights, rights to assistance of counsel, and right to a fair trial," Arnold writes. "These conditions also constitute impermissible punishment, and restrictions beyond legitimate government interests under the Constitution of the United States."

Several of the 26 defendants in the case say that they are practicing members of the Church of Latter Day Saints.

The Multnomah County Sheriff's Office, which runs the jail, says that they will not permit LDS members to gather for blessing and prayer service because the defendants are not allowed to gather.

They did, however, agree to allow LDS members to wear temple garments underneath their jail uniforms.

Many other requests were denied.

The sherif''s office says they will not allow chairs in the cells because they would pose a threat.

The jail also told the defendants that would not be allowed to meet with each other to strategize"\, they would not be allowed to have internet access, and more storage space in their cells.

The sheriff's office said that while they "will not agree to permit a conventional laptop to desktop computer with external hard drive to be used," they are "willing to consider permitting inmates to have a solid-state device like an ipad, loaded with discovery including video, legal materials and a word-processing program to be made available to the person only in his cell."

The sheriff's office said they are willing to allow more access to the jail's law library when other inmates cancel.

They also agreed to allow the defendants access to a variety of office supplies including, pens, legal pads, colored pencils, banker boxes, and sticky notes.

The filing was the result of a meeting that some of the defense lawyers had with jail officials.

The Bundy brothers wanted to know they questioned "whether jail conditions and depravations are more than lawfully allowed restrictions and legitimate governmental interests, including each defendant’s access to members of the legal team(s), insufficient accommodations for religious practice, and defendants’ being denied access to materials and resources reasonably required to defend their respective cases."

In the filing Arnold indicates that Ryan Bundy, who is representing himself, considers that the meeting did not occur because he was not allowed to attend.

Arnold includes a statement from Ryan Bundy expressing his frustration.

"My rights are being violated," Ryan Bundy writes. "My right to life is being violated. All of my First Amendment rights are being violated. My right to freedom of religion is being violated. I cannot participate in religious activities and temple covenants,

"The FBI tried to take that right when they attempted to kill me. They missed on that one. I still have the bullet to prove that. And yet I still remain in custody. I am being treated worse than the inmates who have been convicted and are serving sentences. They are being given perks and opportunities to work. Those presumed innocent are held tighter.”