Rev Matt Hale (Civil Case)..Reply in Support of Defendant's Motion for Summary Judgment

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00245-MSK-MJW

REVEREND MATT HALE,

Plaintiff,

v.

FEDERAL BUREAU OF PRISONS,

Defendant.

REPLY IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

[DOC. 186]

To read the document in it's entirety ..................

Reply in Support of Defendant's Motion for Summary Judgement. ( FREE MATT HALE site)
 

 

Quotes from the Defendant's (B.O.P)  in the, Reply in Support of Defendant's Motion for Summary Judgment document......

 

  

"The undisputed record evidence shows that the Creativity Movement to which Mr. Hale

belongs is not a religion. The record shows that it is a secular ideology focused on the narrow

goal of elevating white people and degrading those who are not white."
 

"The un contradicted record evidence shows that the beliefs Mr. Hale espouses, and the routines and practices he follows, reflect “a philosophy or way of life” but not a religion. Mr. Hale has not raised a genuine dispute that Creativity is, at bottom, a secular, utterly pragmatic ideology focused on implementing a step-by-step plan for achieving white dominance—at the expense of those who were not born “white.” See BOP Facts § I, ¶¶ 1-121."

 
"Mr. Hale explained that “Delenda est Judaica” means “Judaism must be destroyed,”

which the BOP does not dispute. Hale ¶ 26"

 

"Mr. Hale admits that Creativity is not metaphysical.

Mr. Hale appears to agree that Creativity is not “metaphysical.” Doc. 193 at 50-51. The

undisputed evidence showing that Creativity’s beliefs are not metaphysical is just one more point

against its purported religiosity. BOP Facts § I, ¶¶ 76-82."

"Mr. Hale also claims that John Metzger, who was ordained as a Creativity “minister” at

age 16 and who Mr. Hale knows, “was ordained on his own merits!” Hale ¶ 57; BOP Fact § I,
¶ 96. It is a matter of public record that both John Metzger, his father Tom Metzger, and the
White Aryan Resistance were found to have caused the death of Mulugeta Seraw, a young black
man, by “recklessly selecting or retaining agents” to organize white supremacists who killed

Seraw. Ex. 28, Judgment, Berhanu, v. Metzger, et al., No. A8911-07007 (Ore. Cir. Ct. Oct. 25,

1990); see also Ex. 27, Amended Complaint for Wrongful Death, Berhanu, v. Metzger, et al., No.
A8911-07007 (Ore. Cir. Ct. April, 2, 1990). John Metzger was found liable to the victim’s
family for $1,000,000 in damages. Ex. 28 at 4."


"The undisputed evidence shows the BOP’s compelling security interests in prohibiting Mr. Hale from leading a dangerous Security Threat Group."

"Race-driven crimes were committed by validated “Creators” in the

BOP, including Mr. Hale. "

 

"BOP inmates who have been validated as members and associates of Creativity are known to have committed crimes triggered by racial animus. BOP Fact § IV, ¶ 33 Mr. Hale’s own conviction reflects the virulent anti-Semitism which animates the group. BOP Fact § IV, ¶¶ 18-23, 25-27. Included in these acts of violence are those of a Creativity-validated inmate who incited the Hitler’s birthday riot at the U.S. Penitentiary in Florence on April 20, 2008, and severely beat and nearly killed another inmate. BOP Fact § IV, ¶¶ 41-43. After this inmate was sent to the ADX, Mr. Hale was “mentoring” him—a role that BOP officials have assessed as reflecting Mr. Hale’s desire to guide and direct other inmates. BOP Facts § IV, ¶¶ 44-49." 

"Mr. Hale recently engaged in communications that indicated a threat

against a judge (BOP Facts § IV, ¶¶ 183-214)."

"The BOP’s evaluation relies on information showing communications between Mr. Hale
and two followers that preceded the issuance of the “press release,” including the communication
that one follower offered to “take out” a judge or prosecutor for Mr. Hale. The BOP rejected the
email containing the press release, but failed to prevent it from being sent to Mr. Hale’s mother,
who disseminated it to multiple white supremacist websites."
Hale Persecutor (Prosecutor) Appointed Federal Magistrate Judge!
 

Warden Berkebile’s analysis was informed by the security concerns about Mr. Hale and

the Creativity Movement that support the group’s continuing designation as an STG, including
the following facts:

• Mr. Hale had been the “Pontifex Maximus of the Creativity Movement and was

recognized as a national and international leader among white supremacists

• Creativity was a designated BOP Security Threat Group

• The Creativity Movement embraces a white supremacist ideology, expresses hatred of

“muds” or “non-white” people (especially Jews and African Americans), and uses
extremely inflammatory rhetoric in speaking about those people who are deemed to be
not white

• Mr. Hale had solicited the murder of a federal judge after she had issued an order against

the Creativity Movement

• The Creativity Movement was violent and was part of the larger white supremacist

Movement that included groups like the Order, which was responsible for the murder of a
Jewish radio talk show host in Denver in 1984

• The strong racial animosity associated with the Creativity Movement had caused serious

problems in BOP institutions, including when an associate of Creativity incited the Hitler
birthday riot at the U.S. Penitentiary in Florence in April 2008

• Mr. Hale was a sophisticated communicator who had graduated from law school

Case 1:14-cv-00245-MSK-MJW Document 199 Filed 11/18/17 USDC Colorado Page 30 of 76

• In December 2012, Mr. Hale attempted to send correspondence to Jeff Schoep, the
“Commander” of the National Socialist Movement, one of the largest neo-Nazi groups in
the United States

• “Street demonstrations” by white supremacists are not typically peaceful protests, and

rallies by white supremacists are dangerous gatherings that frequently turn violent.

Based on his evaluation of this information, Warden Berkebile determined that Mr.

Hale’s continued communications, whether sent outside the prison or directed to him, posed
increasing risks because they could trigger violence outside the prison. BOP Fact § IV, ¶174.

Warden Berkebile was concerned about Mr. Hale using the power of his communications to
attempt to activate followers and sympathizers in the larger white nationalist community outside
the prison who had the potential to violate laws and to victimize others. BOP Fact § IV, ¶ 172.

Warden Berkebile’s correctional judgment was also informed by his assessment that safety could
be jeopardized if Mr. Hale were allowed to continue to receive communications during this time,
which might have helped him develop methods of obtaining unauthorized communications that
could create dangers in a prison setting. BOP Fact § IV, ¶ 178."




CONCLUSION
 
"For the reasons set forth in the BOP’s motion for summary judgment and this reply, the
Court should enter judgment in favor of the BOP on all remaining claims in this case. Mr. Hale
has raised no genuine dispute that the Creativity Movement is not a religion, but even if the
Court assumes, without deciding, that it is, the record shows no genuine dispute as to any
material fact."