Shepherd, and the complaint clearly contains a retaliation claim. The Court did, however, direct service of the complaint on Dr. Muse an opportunity to alert it to overlooked claims or defendants. While correct, the Court also did not provide Mr. Shepherd contends that the Court did not screen and authorize a First Amendment retaliation claim when Mr. Shepherd's motion for summary judgment, Dkt. Shepherd moves for summary judgment on Muses's claims against him arguing that because he is an officer of the United States Public Health Service, he is entitled to absolute immunity pursuant to 42 U.S.C. 388 (1971), alleging that while he was confined at the United States Penitentiary in Terre Haute, Indiana (USP Terre Haute), defendants were deliberately indifferent to his need for dental treatment in violation of his Eighth Amendment rights. Plaintiff Abduwali Muse, an inmate of the Federal Bureau of Prisons (BOP), brought this action pursuant to the theory recognized in Bivens v. Shepherd's Motion for Summary Judgment and Denying Plaintiff's Request to Substitute Defendant Lawrence, Judge United States District Court Southern District of Indiana Entry Granting R.D. The Maersk Alabama's crew tried to trade Muse for Phillips but were rebuffed by the pirates.Hon. Unable to take control of the massive ship, the remaining three pirates grabbed Phillips and put to sea in a lifeboat. After he and the other would-be pirates boarded the vessel, Muse was stabbed in the hand by a member of the 20-man crew during a struggle, and was then tied up by the crew. Muse and three other men stormed the Maersk Alabama, a 500-foot U.S.-flagged container ship, on April 8, 2009. "Now he will pay for those five days and the events leading up to them." Attorney Preet Bharara in a statement after the sentencing. "For five days that must have seemed like an eternity to this victims, Abduwali Abukhadir Muse terrorized the crew of the Maersk Alabama," said U.S. Preska teared up and removed her glasses and then gave Muse the maximum permitted sentence, 33 years and nine months, citing the need for deterrence. Prior to announcing the sentence, Judge Preska read aloud from Phillips' letter and from letters written by other members of the crew about how the hijacking had affected them. "He was just as much a terrorist to them as to me."
"My family had to endure the five days, worrying and wondering what was going to happen," wrote Phillips. Phillips called Muse a "terrorist," said he had endured mock killings at the hands of the pirates, and asked for justice and a "proper sentence" on behalf of "all Merchant Mariners." "I ask for forgiveness from all the people I harmed, including the U.S. government in a New York courtroom today, but instead received nearly the maximum sentence allowed - nearly 34 years in prison.Ībduwali Abdiqadir Muse pled guilty last year to being part of an armed crew that stormed the Maersk Alabama in the Indian Ocean in April 2009 and took its captain, Richard Phillips, hostage for five days.Īt his sentencing Wednesday morning, Muse, clad in a green shirt and khaki slacks, apologized at length for his career as a pirate. 16, 2011 — - A Somali pirate asked for forgiveness from his victims and from the U.S.
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