J.S. v. T'Kach

I agree that JS has alleged facts on which he could plead a Fifth Amendment claim related to his SHU confinement and that the district court erred when it dismissed the claim sua sponte. I also agree that the district court should grant leave for JS to replead his Eighth Amendment challenge to his confinement. I write only to articulate the troubling observation that Congress has created procedural guarantees for Witness Security Program (“Program”) participants which when violated, as they appear to have been here, give rise to no judicial remedy.

JS’s complaint alleges a due process…