02-2005 Paschal v. U.S.

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“A federal inmate is a person in federal custody; the reason for his being an inmate is irrelevant to his status as an inmate. Policies administered by the Bureau of Prisons are generally applicable to pretrial detainees and convicted prisoners alike, see 28 C.F.R. sec. 500.1(c), and it is relevant to note that in 1994 the Bureau amended its regulation defining ‘release’ (inmates injured during service in a prison industry or workplace may not file claims under the ICP until no more than 45 days remain before their scheduled release from federal custody, 28 C.F.R. sec. 301.303(a)) to include in the term ‘final discharge from incarceration of a pretrial inmate.’ 28 C.F.R. sec. 301.102(b)(1). (A ‘pretrial inmate’ is expressly defined to include ‘a person awaiting trial, being tried, or awaiting a verdict.’ 28 C.F.R. sec. 551.101(a).) Previously the regulation had defined ‘release’ to exclude ‘pretrial inmate.’ We cannot think of any reason why Congress would have wanted the two classes of prison workers distinguished, and we therefore agree with the district court that the statute applies to pretrial detainees.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Posner, J.