Meir Kahane, Plaintiff-Petitioner-Appellee v. Norman Carlson, Director of the Federal Bureau of Prisons, Defendants-Respondents-Appellants

Judge Weinstein’s initial opinion in this case, dated May 7, 1975, predicated jurisdiction on 28 U.S.C. § 2255, or, alternatively, on 28 U.S.C. § 1361, although the only named defendant was the “United States of America.” Following this court’s decision in United States v. Huss, 520 F.2d 598 (1975), which held that § 2255 was unavailable for “matters of internal prison administration,” id. at 603-04, and that § 1361 does not lie “against unknown federal respondents,” id. 520 F.2d at 604-05, we returned this case to the district court for reconsideration. Kahane then filed a complaint under §…