Abdallah Al Ansi v. Bush ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
MUHAMMAD AHMAD ABDALLAH :
AL ANSI, et al., :
:
Petitioners, :
:
v. : Civil Action No. 08-1923 (GK)
:
GEORGE W. BUSH, et al., :
:
Respondents. :
______________________________:
ORDER
A Motions Hearing was held in this case on July 9, 2009, which
took place in open court. Upon consideration of Petitioner Al
Ansi’s Emergency Motion to Compel Production of Medical Records
[Dkt. No. 93], the Government’s Opposition [Dkt. No. 95],
Petitioner’s Reply [Dkt. No. 96], representations of the parties,
and the entire record herein, it is hereby
ORDERED, that the Petitioner’s Motion is granted in part and
denied in part. Petitioner’s counsel is entitled to the medical
records in order to provide Petitioner effective access to his
counsel, and to allow counsel to provide effective representation
to their client and challenge the legality of his detention. See
Husayn v. Gates, 588 F. Supp. 2d 7, 10-11 (D.D.C. 2008); Al-Joudi
v. Bush, 406 F. Supp. 2d 13, 21, 23 (D.D.C. 2005); Al Odah v.
United States States, 346 F. Supp. 2d 1, 6 (D.D.C. 2004).1 The
1
This ruling, unlike the issue presented in Al Odah v.
United States, 407 F. Supp. 2d 37, 44 (D.D.C. 2005), does not
pertain to the conditions of Petitioner’s confinement.
Court fully understands the burden that this places upon the
medical staff at Guantanamo Bay. Nonetheless, the Court believes
that the request is reasonable given the Petitioner’s
representations about his medical condition, and has been
sufficiently narrowed so as to minimize that burden as much as
possible. Consequently, it is further
ORDERED, that the Government produce by July 27, 2009, those
medical records related to Petitioner’s stomach ulcer and related
symptoms (such as vomiting, stomach pain, and diarrhea) during the
period from January 2007 to the present, as well as medical records
from Petitioner’s mid-May, 2009, hospitalization due to chest pains
and difficulty breathing to the present.
/s/
July 9, 2009 Gladys Kessler
United States District Judge
Copies to: Attorneys of Record via ECF