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Fbop Ncr Monthly Reports 1994oct-nov

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U.S. Department of Justice

o

Federal Bureau of Prisons
North Central Region

Kansas City, KS 66101-2492

November 4, 1994
MEMORANDUM FOR WALLA E H.: H '

GENE AL GO
FROM:

HLY REPORT (October 1994)

SUBJECT:

PENDING TRIALS/HEARINGS

'Howard v.

()

u.S.,

92-N-1515, District of Colorado, FC! Englewood.

A status conference scheduled for October 21, 1994 regarding
Judge Nottingham's order enjoining FC! Englewood from prohibiting
inmate's practice of religion (Church of satan) has been
rescheduled for Friday, November 4, 1994.
Daryl Kosiak will
attend.
Plaintiff seeks-place to perform sacramental rites in order. to
his satanic religion.
(No monetary damages sought).

~ractice

Ramon Alvarez Rodriguez v. Michael Ouinlan. et al., civil No. 9325-JPG, USP M~rion.
Report and recommendation- filed granting in part and denying in
part Defendant's motion to dismiss. Objections to the report and
recommendation filed May 17, 1994.' Plaintiff alleges that inmate
legal assistance policy which requires inmates to obtain prior
approval to work with another inmate at USP Marion violates his
access to the courts. Additionally, Plaintiff claims postage
stamps were confiscated without due process. Report and
recommendation granted Defendant's motion to dismiss due process
claim but recommended that the motion be denied with respect to
all other claims.

o

USP Marion received notice and order on October 25, 1994 for a
dcheduling and discovery conference set for November 3, 1994
before the Honorable Philip M. Frazier at USP Marion. Parties
should be prepared to discuss discovery and a potential trial
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2
setting.
If the case is consented to trial before Magistrate
Judge Frazier, a trial date will be set at this hearing.
Plaintiff seeks twenty-five thousand·dollars ($25,000.00) in
damages.

Richard Coffman v. Michael Quinlan. et al., civil No. 93-CV-82JPG, USP Marion.
Defendant's motion to dismiss granted in part and denied in part
July 15, 1994. Inmate complains of his placement into the
control unit, medical treatment of his epileptic seizures, and
denial of access to legal materials and the administrative remedy
process.
Defendants Quinlan and Edwards have been dismissed with
prejudice and all Defendants in their official capacity.
USP Marion received notice and order on October 25, 1994 for a
scheduling and discovery conference set for November 3, 1994
before the Honorable Philip M. Frazier at USP Marion.
Parties
should be prepared to discuss discovery and a potential trial
se~ting.
If the case is consented to trial before Magistrate
Judge Frazier, a trial date will be set at this hearing.
Plaintiff seeks eight million, five hundred thousand dollars
($8,500,000.00) in damages.

Isiah Evans. III v. Rex Reed, Civil No. 94-90-JPG, USP Marion.
Defendant's motion to dismiss or for summary judgement filed
September, 1994. Plaintiff alleges that counselor Rex Reed
withheld administrative remedy forms from him on January 23, 1994
in violation of his First Amendment right of free speech and his
right ~o petition government for redress of grievances.
USP Marion received notice and order on October 25., 1994 for a
scheduling and discovery conference set for November 3, 1994
before the Honorable Philip M. Frazier at USP Marion.
Parties
should be prepared to discuss discovery and a potential trial
setting. If the case is consented to trial before Magistrate
Judge Frazier, a trial date will be set at this hearing.
Plaintiff seeks one thousand dollars ($1,000.00) in damages.
Daniel John LaPlante v. United states of America, Civil No. 93284-JPG, USP Marion.
The Western Regional Office is handling this litigation. Answer
filed July 20, 1994.
Plaintiff alleges that certain property

3205

items were lost froo USP Lompoc when he was transferred to USP .
Marion.
USP Marion received notice and order on October 25, 1994 for a
scheduling and discovery conference set for November 3, 1994
before the Honorable Philip M. Frazier at USP Marion.
Parties
should be prepared to discuss discovery and a potential trial
setting.
If the case is consented to before Magistrate Judge
Frazier, a trial date will be set at this hearing.
Plaintiff seeks seven hundred sixty dollars and fifty cents
($760.50) in damages.

u.s.

v. Alvarez-Lopez, 4-94-440, FMC Rochester.

18 U.S.C. 4245 commitment proceeding. for mental disease of defect
regarding this inmate set for October 19, 1994 has been postponed
and has not yet been rescheduled.

u.s.

o

v. Bearground,

(no docket number reported), FMC Rochester.

18 U.S.C 4246 hearing regarding hospitalization of inmate due for
release but suffering from mental disease or defect was set for
October 19, 1994 but was postponed and has not yet been
rescheduled.
James v. U.S., 94-C-1417, MCC Chicago.
A habeas hearing was held on October 11, 1994 and was dismissed
with prejudice.

u.s.

v. Bailey, 94-CR-152N, FCC Florence.

Criminal trial concerning assaults on two staff members by this
inmate was held qn October 11 and 12, 1994. Inmate was convicted
on both counts. Awaiting pre-sentencing investigation.
Sentencing is pending, tentatively set for Friday, December 16,
1994.
nailor v. Salvation Army, Civil Number 94-2660,
Seventh Circuit Court of Appeals.

o

The plaintiffs in this case are appealing the Northern District
of Indiana's use of the discretionary function and independent
contractor exception to dismiss their FTCA action. The
plaintiffs sued the BOP after inmate Holly walked away from a
Chicago half-way house, stole an automobile, and drove to Fort
Wayne where he beat and raped a volunteer at another half-way
house. They sought $22,101,000 in damages.

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In their appeal, they allege that federal regulations and BOP
policies did not allow for the inmate's release to the half-way
house. The plaintiffs are also arguing that venue was improper
in the Northern District of Indiana.
crowd"er v. True, civil Number 94-1559,
Seventh Circuit Court of Appeals.
Crowder, a paraplegic and former EI-Rukn gang member,
initially brought an action against MCC staff for violations of
the Rehabilitaiton Act, the Architectual Barriers Act and the
Eighth Amendment. Crowder's sought $54,000 in damages for being
incarcerated in Administrative Detention without his wheelchair.
The court dismissed the individual defendants because of the
failure to plead personal involvement. Neither Crowder nor his
attorney amended the complaint and the statute of limitations for
both a Bivens and FTCA action ran. Crowder is appealing to the
Seventh Circuit for relief based on the district court's
dismissal and his attorney's alleged negligence.
~erome

DECISIONS/SETTLEMENTS/CASES OF INTEREST

Jose Drummond v. u.s. Attorney General, civil Number 3-92-231,
District of Minnesota," 94-1009, Eighth Circuit Number, FMC
Rochester.

o

:n October 1988 plaintiff injured his knee while working as an
orderly, causing him to miss work. Subsequent to reconstructive
surgery at the FMC Rochester, plaintiff sought lost-time wages
under the lAC pursuant to 28 CFR 301.101 to .319. Plaintiff
claimed $178.64 for 232 days of work lost due to injuries.
After exhausting Bureau administrative remedies to recover the
above wages and being denied relief, plaintiff filed suit under a
personal liability theory (42 USC 1983). The District Court
dismissed plaintiff's action because his exclusive remedy was
under 18 USC 4126 and its imple~enting regulations.
The inmate appealed a District court dismissal of his Inmate
Accident Compensation claim. In the unpublished opinion from the
8th Circuit, the Court upheld the District Court decision stating'
specifically, the inmate could not bring the action as one
arising under 42 USC 1983 and Bivens, or as a petition for a writ
of mandamus. However, the Court construed the plaintiff's action
~nder'the APA for judicial review of the administrative decision
denying his claim.
The Court explained the APA requires that an action for judicial
review may be brought against the United States, the agency in
its official title, or the appropriate officer. Plaintiff failed
to properly name any of the defendants consistent with the
requirements of the APA therefore the Court dismissed the
plaintiff's action for failure to state a claim.

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The District Court· judgment was affirmed on October 11, 1994.
Raymond Magnuson v. united states. et al., civil Number 873308-RDR, District· of Kansas, USP Leavenworth.
This hybrid FTCA and personal liability action alleges that while
a Federal Prison Camp inmate at Leavenworth and LaTuna, and the
Medical center for Federal Prisoners at springfield, he was
assaulted by other inmates and the Bureau of Prisons failed to .
provide for his protection. Plaintiff sought $1,000,000 in
damages.
The Court concluded plaintiff failed to establish a breach of any
duty by the Bureau of Prisons. Further, that the Bureau of
Prisons made every reasonable effort to meet plaintiff's security
and medical needs and that no breach of ordinary care occurred.
The Court dismissed the action with prejudice on August 31, 1994.

Mele v. united States, civil Number 91-5032, western District of
Missouri.

o

While incarcerated at USMCFP Springfield, the plaintiff suffered
cardiac problems which necessitated his transfer to a contract
hospital. At the hospital, plaintiff contracted hepatitis while
undergoing bypass surgery. Plaintiff sued the BOP for $100,000
and alleged it failed to warn him of the risks associated with
the surgery. The court granted the united states summary
judgment because under Missouri law, the duty to warn of risks
associated with surgery is borne by the specialist, not the
referring physician. Additionally, there is generally no
liability for a referring physician as long as the specialist is
not known to be incompetent.
Gross v. united states, civil Number 93-4152, District of South
Dakota, FPC Yankton.
The BOP was forced to litigate this case after the plaintiff
refused a settlement offer for nuisance value. At trial, the
plaintiff alleged that he suffered personal injury while
negotiating snow covered sidewalks at FPC Yankton. Furthermore,
plaintiff alleged he was forced to go outside during a snowstorm
because of his medical need for insulin. The BOP countered with
a dozen witnesses and documentary evidence which effectively
refuted these allegations.

o

District Court Judge Piersol found for the united states on the
snow removal issue at trial, but reserved rendering an opinion on
whether the plaintiff had reasonable access to insulin. The

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6
court issued a written op1n1on on October 14, 1994 finding for
the united states on the insulin issue. The court found for the
united states because: 1) prison security prevented the plaintiff
from keeping syringes and needles in his room: 2) pl~intiff was
never threatened by prison officials if he did not get his
insulin injection: 3) plaintiff did not ask for assistance in
getting his insulin injection: and 4) a missed or delayed
injection would not have harmed plaintiff based on his previous
history of missed injections and medical testimony.
The plaintiff was asking for $250,000 in damages.
Rosenberg v. Quinlan, civil Number 93-4131, District of South
Dakota, FPC Yankton.
The survivors of an inmate who died from cancer sued former
director Quinlan and present BOP employees for violations of the
Eighth Amendment. The plaintiffs alleged delay in diagnosis,
delay in treatment, lack of attention, ~nd lack of care on behalf
of the named defendants. In their administrative claim, the
plaintiffs requested $2,000,000 in damages, but made no specific
damage claim in their civil suit.

o

The court dismis~ed the allegations against the individual
defendants with prejudice, but preserved the plaintiffs' right to
bring an action under the FTCA.

Norton v. united states, Civil Number 94-C-1430, Northern
District of Illinois.
The plaintiff in this case initially filed suit under Bivens for
violations of the Eighth Amendment arising out of the alleged
failure of FCl Oxford staff to diagnose and treat his lung
cancer. Plaintiff later amended his complaint to name the united
states as the sale defendant. While no specific money damages'
~ere requested, the plaintiff previously sought $20,000,000 when
he filed his· administrative FTCA claim.
At the same time plaintiff was pursuing his civil remedy under
the FTCA, he was requ'esting a compassionate release under 18
U.S.C. § 4502(g) because of his affliction with cancer. An
agreement was reached with the plaintiff that if the he medically
qualified for release under 4502(g) , the Bureau of Prisons would
motion the sentencing court to make the plaintiff eligible for
parole. If the sentencing court granted the motion and the
Parole Commission concurred, the plaintiff would be paroled.
Once on parole, plaintiff would receive $10,000 in settlement of
his FTCA claim.

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•

On October 17, 1994, the plaintiff was evaluated by an MCC
Chicago contract-oncologist who determined he had a life
expectancy of less than one year. Upon receiving this
~nformation, plaintiff's request for release was approved by
Acting Director Thomas Kane on· November 2, 1994. The AUSA
handling the FTCA action has been informed of these recent
developments and is awaiting a ruling on the 4502(g) motion.
Bruce v. united states,
South Dakota.

Civ~l

Number CV-94-4096, District of

In this ca~e the plaintiff, who
instructor, is suing the united
when she slipped and fell in an
plaintiff is asking for d~mages

was a former contract hobby-craft
states for damages she sustained
employee rest room. The
in the amount of $50,000.

A BOP employee who escorted the plaintiff to the rest room prior
to the fall has recently sworn he warned the plaintiff of water
accumulation on the rest room floor just as he opened the door
for her. At ~he time of the accident investigation, this same
employee failed to provide this information.

o

~PC facilities workers deny any prior knowledge of water
accumulation in the rest room. A former recreation supervisor
was recently interviewed and stated that water accumulated on the
rest room floor on a regular basis. She also stated she reported
the accumulation to an employee overseeing maintenance of
institution roof repair.

A Rule 26(f) scheduling conference was held October 11, 1994.
Given the fact the BOP offered the plaintiff $9250.00 in
settlement administratively, the cost of trial and experts, the
inconsistent employee statements, and the potential sympathy.the
court may have for the plaintiff, the AUSA offered the plaintiff
$17,000 in settlement. This settlement offer was made subject to
approval by the BOP.
united states of America v. Michael Turner, Criminal Number 9420080-01, District of Kansas, USP Leavenworth.

o

0n November 2, 1994, the Grand Jury for the District· of Kansas
returned a five count indictment against Michael Turner on
charges of escape, possession of a firearm by a felon, auto theft
using a firearm, carjacking, and interstate transportation of a
stolen vehicle. If convicted on all counts, Turner could receive
a maximum of 50 more years to his current federal prison
sentences. Turner escaped from USP Leavenworth on February 1,
1993 and was the subject of an intense manhunt. He was captured
on February 24, 1993 by Platte county, Missouri, sheriff's
deputies after he robbed several civilians at gunpoint in a
Leavenworth, Kansas restaurant and stole the vehicle of one of
the robbery victims.

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r

S
STAFF TRAVEL AND LEAVE

John

November

7-8
14-18

C.O.
New Attorney Traininq

Gary

November

14, 15

Annual Leave

Janet

November

9, 10 •

Annual Leave

Daryl

November

4
9, 10
23, 25

Denver
Rochester
Annual Leave

Matt

November

14-18
25

New Attorney Traininq
Annual Leave

Dan

November

25

Annual Leave

Helen

November

23, 25

Annual Leave

Gwen

November

2~,

28

Annual Leave

Note:

FTCA backup disk mail'ed to Mary Rose Hagan on November
1, 1994.

3211

....
~.

u.s. Department of Justice
Federal Bureau of Prisons
North Central Region

Kansas City, KS 66101-2492

December 5, 1994
I

MEMORANDUM FOR WALLACE H. CHENEY, ASSISTA!'IT DIRECT"b .
GEN

FROM:

L COUNSEiL&·

/'011

WOH
\

R. SHA1.t:Re io

~

~

'/

~D.~

I Counsel

\.

SUBJECT:

MONTHLY REPORT (November 1994)

PENDING TRIALS/HEARINGS

o

Howard v. U.S., 92.. N.. 1515, District of Colorado, Fel Englewood.
Plaintiff seeks to perform sacramental rites in order to practice his satanic religion.
(No monetary damages sought). The court entered a preliminary injunction on
October 7, 1994 directing the BOP to allow inmate Howard to perform Satanic rituals.
A status conference was held on November 4, 1994. Daryl Kosiak attended. The
court denied AUSA George Gill's motion for a stay of the order directing prison
officials to permit inmate Howard to perform his ritual. The government's motion for
reconsideration is still pending. The court has set several pretrial hearing dates prior
to trial on a hearing on the merits (12/21/94, discovery & scheduling conference;
02/08/95, preliminary pretrial conference; and OS/26/95, final pretrial conference). Per
the court's October 7, 1994 order, inmate Howard was permitted to perform a ritual on
November 28, 1994.

Isiah IEvans, III v. Rex Reed, Civil No. 94-90-JPG, S.D. III., USP Marion.

n

Defendant's motion to dismiss or for summary judgement filed September. 1994.
Plaintiff alleges that counselor Rex Reed withheld administrative remedy forms from
him on January 23, 1994 in violation of his First Amendment right of free speech and
his right to petition government for redress of grievances. Plaintiff seeks one
thousand dollars ($1.000.00) in damag,es.

'.

3175

2

USP Marion received notice and order on October 25, 1994 for a scheduling and
discovery conference set for November 3, 1994 before the Honorable Philip M. Frazier
at USP Marion. Parties should be prepared to discuss discovery and a potential trial
setting. If the case is consented to trial before Magistrate Judge Frazier, a trial date
will be set at this hearing.
We filed a Supplement to Defendant's Motion for Summary Judgment on October 31,

1994.
Daniel John LaPlante v. United States of America, Civil No. 93-284-JPG, S.D. ilL,
USP Marion.
The Western Regional Office is handling this litigation. Answer filed July 20, 1994.
Plaintiff alleges that certain property items were lost from USP Lompoc when he was
transferred to USP Marion.
USP Marion received notice and order on October 25, 1994 for a scheduling and
discovery conference set for November 3, 1994 before the Honorable Philip M. Frazier
at USP Marion. Parties should be prepared to discuss discovery and a potential trial
setting. If the case is consented to before Magistrate Judge Frazier, a trial date will be
set at this hearing.

o

Plaintiff seeks seven hundred sixty dollars and fifty cents

(~760.50)

in damages.

Minute Order dated November 3, 1994, states Government shall provide records to
plaintiff on February 1, 1995.

Bailor v. Salvation Army, Civil Number 94-2660, Seventh Circuit Court of Appeals.
The plaintiffs in this case are appealing the District Court's (Northern District of
Indiana) use of the discretionary function and independent contractor exception to
dismiss their FTCA action. The plaintiffs sued the BOP after inmate Holly walked away
from a Chicago half-way house, stole an automobile, and drove to Fort Wayne where
he beat and raped a volunteer at another half-way house. They sought $22,101,000 in
damages.
In their appeal, they allege that federal regulations and BOP pOlicies did not allow for
the inmate's release to the half-way house. The plaintiffs are also arguing that venue
was improper in the Northern District of Indiana.
This case waas argued on December 5, 1994, before the Seventh Circuit Court of
Appeals. MCC Attorney-Advisor Terry Collins attended. The panel had no questions
for the government's counsel.

3176

3
Farmer v. Wooten, No. 93-Z:2740, District of Colorado, FCI Florence.
This was a hearing concerning a motion for sanctions. It was held on November 30,
1994 out of FCI Florence. The inmate (Leslie Glenn Farmer) filed a habeas petition
under 28 U.S.C. 2241. The issues involved concerned his conviction and the petition
would have been more properly filed under 28 U.S.C. 2255.. Legal staff at FCC
Florence filed a response asserting that they should not have to respond to the
petition. Subsequently it was discovered that the inmate may have altered some of
the sentencing court's documents. As a result, the U.S. Attorney decided to seek
sanctions against Farmer. The motion has been taken under advisement. No
decision has been issued.

DECISIONS/SETTLEMENTS/CASES OF INTEREST

Leggett v. Clark, Civil Number 93-3163-RDR, 10th Cir. 94-3219. USP Leavenworth.
Plaintiff alleged officers were "setting him up for assault" by leaving his cell door open
and that on one occasion he was assaulted by staff. Plaintiff seeks $10,000,000.00 in
damages. Staff aver that plaintiff's cell door was opened accidentally and when he left
his cell he refused orders to return to his cell and several staff were required to
restrain him and return him to his cell.

()

The Government moved to dismiss on the basis the plaintiff failed to state a claim,
failed to exhaust remedies, and qualified immunity. In attempting to draft a response
to the Government's motion to dismiss, plaintiff sought discovery of certain documents
he felt would support his contentions and requested a stay pending discovery.
The Court did not rule on plaintiff's motions conch,Jding instead he had failed to
establish the existence of a genuine issue of material fact for trial and granted
summary judgment on' facts. Plaintiff appealed.
The Court of Appeals concluded from the record that review of the facts was not
consistent with the requirements of Hudson v. McMillian, 11,2 S,Ct. 995 (1992).
Additionally, the Court instructed the District Court to consider plaintiff's discovery and
stay of proceeding motions as well as the issue of qualified immunity. Reversed arid
remanded October 28, 1994.

Vance McCall v. U.S. Attorney General, Civil No. 94-2118-JWL, USP Leavenworth.
Action filed by job applicant concerning the BOP's failure to accommodate his
handicap by hiring him as a correctional officer at USP Leavenworth. Because of
inconsistency in the BOP medical record, and because of the anticipated cost of
defending this suit, AUSA Janice Karlin recommended settlement in the sum of
$12,620.00 or less. Central Office staff concurred in this recommendation and
3177

4
authorized settlement. Plaintiff accepted $12,500.00 and agreed not to seek
employment with the BOP in the future.

Greene v. United States. Civil Number 94-3105-CV-5-4, W.O. Missouri, MCFP
Springfield.
The plaintiff alleged he was provided negligent medical care and did not give his
informed consent to the amputation of his left leg. He sued the United States for
$40,000,000 in damages.
Prior to filing his motion for summary judgment, the AUSA ·handling the case was
approached by the plaintiff's attorney who expressed his willingness to dismiss the
case as long as each side paid its own costs. The AUSA agreed and the case was
dismissed with· prejudice on November 22, 1994.

Norton v. United States, Civil Number 94-C-1430, N.D. 111., FCI Oxford.

o

The plaintiff, who was approved for a compassionate release on November 2. 1994,
died on November· 14, 1994. The controversy was to be resolved by a settlement
agreement which awarded the plaintiff $10,000 in damages if he was paroled. Since
plaintiff was never paroled, it is unlikely any potential successors to the claim will be
bound by the agreement. The NCRO is currently researching the relevant wrongful
death and survivorship laws.
.
McAdams v. United States, Civil Number 3-92-514, District of Minnesota, FMC
Rochester.
The plaintiff, an employee of FMC Rochester, was the subject of an internal
investigation for inappropriate relationships with inmates. The plaintiff alleged that
BOP employees made defamatory statements about her during this investigation and
sought damages in the amount of $440,000. The U.S. Attorney's Office responded by .
certifying the actions of the employees and motioning for the substitution of the United
States as the proper defendant pursuant to 28 U.S.C. § 2679(b).
I

In his July 19, 1994 Order, Judge Alsop admitted he did not give the certification a
limited review as required by the Eighth Circuit. To remedy this mistake, Judge Alsop
allowed the plaintiff to challenge the certification. The plaintiff provided affidavits
attacking the certification which were countered with affidavits from the defendants
and BOP employees. On November 1, 1·994, Judge Alsop held the employees were
acting within the scope of their employment, substituted the United States as the
defendant, and dismissed the defamation claims under 28 § 2680(h).

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".

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"

5

Rachel v. Nelson, Civil Number 94-3007-RDR, District of Kansas, USP Leavenworth.
Plaintiff alleged staff failed to protect him at his work site in UNICOR from the threats
of another inmate. Additionally, plaintiff asserts staff discriminated against him on the
basis of his race. Plaintiff requests $40,000 in compensatory and punitive damages.
Staff reported that plaintiff complained he was having trouble w.ith another inmate but
did he not elaborate that he was in any danger.
The Court found no evidence supporting plaintiff's claims, that staff acted with
deliberate indifference in their treatment of the plaintiff, and that all of plaintiff's
allegations were conclusory in nature and unsupported by. facts.
Dismissed October 31 t 1994.

Bourgeois v. Vincent, Civil Number 89-3374-RDR, District of Kansas, USP
Leavenworth.

o

In August 1988 an incident report was issued to the plaintiff. Subsequently, plaintiff
challenged the report in Court and requested unspecified compensatory and punitive
damage~. On August 19, 1992 the Court ordered all reference to the disciplinary
action be expunged from the file unless the plaintiff was given a new disciplinary
hearing that included the participation of a requested witness. Accordingly, on March
31, 1994 a new hearing was provided to the plaintiff in which a statement from the
requested witness, the former warden of the USP Leavenworth, was read into the
record. Plaintiff complains now that this was not in keeping with the Orders of the
Court and the entire matter needs to be expunged from his records.
The Court cited Title 28 CFR 541.17(c) in dismissing the complaint stating this section
of the CFR provided the authority for the DHO to submit the written statement of an
unavailable witness.
Dismissed September 1t 1994.

Squire v. Megathlin, Civil Number 93-0554-CV-W-2-P, Western District of Missouri,
USP Leavenworth.
Inmate Squire alleged the law library at the USP Leavenworth was inadequate in that
only about 30 volumes of materials remained after the balance of the library had been
destroyed. This, plaintiff argued, was the reason he could not timely respond to
defendants' dispositive motion.
Declarations by staff demonstrated that in fact no legal materials were missing from
the law library and the library contained all the texts required by policy.

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~
'"

6
The Court commented in dicta that the inmate law library at the USP Leavenworth was
not only adequate but was better than what most law firms had available to them.
The case was dismissed with prejudice on June 1, 1994.

Castner v. Whalen, No. 94-M-2233, District of Colorado, USP Florence.
This was a habeas case, re: parole hearing set for November 30, 1994 at USP High
Security, Florence, Colorado. Order to Show Cause was vacated pending inmate's
release on December 8, 1994.

Henderson v. Baird. et ai, 29 F.3d 464 (8th Cir. 1994), FCI Sandstone.
A unanimous panel opinion vacated a lower court order denying qualified immunity to
a prison IDC (for failing to find that Code 101 assault required proof of "serious injury)
and a correctional officer (who wrote the incident report). The plaintiff requested
rehearing en bane of the above matter which was denied. Plaintiff has filed a petition
for writ of certiorari· to the United States Supreme Court.

United States v. Michael Turner, District of Kansas (Criminal), USP Leavenworth.
Michael Turner escaped from USP Leavenworth in February 1993. While on escape
status for approximately three weeks he committed several additional crimes. The
United States Attorney for Kansas declined to prosecute, citing Turner's extensive
escape history and the ,length of time remaining on his current sentences. After
considering appeals from the BOP and USMS, U.S. Attorney Randy Rathbun finally
agreed to authorize prosecution. Inmate Turner was removed from USP Marion for
criminal processing. On Thursday, December 1, 1994, Turner disarmed a Deputy U.S.
Marshal and escaped from U.S. Marshal's custody while at the U.S. Courthouse in
Kansas City, Kansas. On early Sunday, December 4, 1994, following an extensive
search by federal, state and local officials, Turner was shot to death by Kansas City,
Missouri police officers who 'confronted him.

STAFF TRAVEL AND LEAVE

~
"

John

December 1
December 14-15
December 23, 30

Atlanta
Denver, FCC Florence
Annual Leave

Janet

December 7

Annual Leave

Daryl

December 27, 28

Annual Leave

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.

~

7
Matt

December 5-9
December 23

DHO Training, STC
Annual Leave

Dan

December 22, 23

Annual Leave

Gyven

December 22, 23
December 27-30

Annual Leave
Annual Leave

Cindy

None Scheduled

'Gary
Helen

None Scheduled
None Scheduled

Note: FTCA backup disk mailed to Mary Rose Hagan on December 1, 1994.

o

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