Fbop Ncr Monthly Report 1995jun
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•• u.s. Department of Justice i I I AUG 1 0 95 I :FF/CE OF GfNfR!-l CQYNSH _ BUREAU OF P~ISONS j Federal Bureau of Prisons North Central Region Kansas City, KS 66101.24~2 August 4, 1995 FROM: SUBJECT: LITIGATION AND RELATED ISSUES STATISTICS: Une 1 = New Cases Filed Line 2 = Total New Cases in Year LITIGATION: 0 JAN FEB MAR APR MAY 25 15 40 36 76 16 92 12 12 104 116 Pending JUN JUL AUG SEP OCT NOV DEC AUG SEP ·OCT NOV DEC AUG SEP NOV DEC 39 155 783 ADMINISTRATIVE CLAIMS: JAN FEB MAR APR MAY 58 55 113 57 170 67 237 86 67 323 390 , Pending JUN JUL 70 460 192 ADMINISTRATIVE REMEDIES: JAN FEB MAR APR MAY 155 125 280 143 423 125 548 152 150 700 850 JUN ADVERSE DECISIONS: None ~ ". 3013 JUL 136 992 OCT 2 SETTLEMENTS OR JUDGMENTS: . ~ None. DECISIONS OF INTEREST: Sims v. Scott, et al .. Case No. 94-3175-RDR, District of Kansas, USP Leavenworth. In this personal liability action plaintiff alleged that, while confined at the USP Leavenworth his constitutional rights were violated by virtue of his continued and improper confinement in the segregation unit. Plaintiff's allegations concerned this protracted segregation confinement, medical care, and access to the courts. Inmate Sims requested declaratory. injunctive relief as well as punitive and compensatory damages in the amount of $1000000.00. Records and other facts before the Court indicated plaintiff was properly confined in segregation for legitimate security concerns and therefore no due process claims and issues were implicated. Additionally, the record documents plaintiff's regular contact with medical staff where his medical complaints were addressed. Finally. plaintiff enjoyed access to the courts in that he had access to a basic law library, was able to request additional. legal materials through the Education Department, and was allowed access to the administrative remedy procedure. o Summary Judgment entered May 1, 1995. PENDING CASES OF INTEREST: Dixon v. USA, et ai" Case No. 94-3309-RDR, District of Kansas, USP Leavenworth. There has been no formal decision from the DOJ Torts Branch regarding representation for the named defendants in this hybrid FTCA\Bivens case. The NCRO provided the Torts Branch with a supplemental memorandum justifying representation for the defendants. The AUSA who was defending the action withdrew from the case and,a new AUSA has made an entry of appearance. Weeks v. USA, Case No. 94-3381-RDR. District of Kansas, USP Leavenworth The AUSA who was defending the Weeks action was reluctant to respond on behalf of the United States until the DOJ Torts Branch makes a decision regarding representation in the Dixon action. After motioning for a further 30 day extension, she withdrew from the case and a new AUSA made an entry of appearance. RELIGIOUS FREEDOM RESTORATION ACT CASES: None 3014 3 CRIMINAL MATTERS ~ None ADMINISTRATIVE CLAIMS OF INTEREST Luciano Paolone, 03368-089, T-NCR-95-227, Personal Injury-$1,OOO,OOO.OO, FCI Oxford. In this administrative claim inmate Paolone alleges he was the victim of an assault by other inmates and that subsequent to the assault the Bureau of Prisons failed to render time and appropriate medical care resulting in permanent injuries to his eye. The institution investigation substantiates inmate Paolone was injured as alleged. Further, segregation and medical records reflect the inmate made numerous requests and complaints regarding an eye injury sustained in the assault. The record tends to indicate the claimant may not have been provided timely diagnosis or care for his injuries and that. delay in diagnosis and treatment made any attempt to subsequently treat his eye injury more difficult and less likely to be successful. Due to the potentially negligent acts of staff in this claim it was referred to the Central Office, for further review and disposition. () (, STAFF TRAVEL AND LEAVE John None Planned Daryl None Planned Matt August 1-4 House Hunting Trip to Memphis Dan August 21-24, Annual Leave Gwen None Planned Gary None Planned Cindy None Planned August 28, Transfers to Coleman Janet None Planned Rick None Planned Note: FTCA backup disk mailed to Mary Rose Hagan on August 1, 1995. Legal Conference August 14-18 '" 3015