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u.s. Department of Justice
i
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AUG 1 0 95

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:FF/CE OF GfNfR!-l CQYNSH
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BUREAU OF P~ISONS

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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

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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.

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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