·U.S. DEPARTMENT OF JUSTICE

Kansas City, KS 66101
December 5, 1997
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
JOHN R. SHAW, Regional Counsel

FROM:
SUBJECT:

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

NUM - Number of total lawsuits filed in the month (1)
He - Number of habeas corpus actions filed In the reporting period
FTC • Number of FTCA actions filed
BIV - Number of Bivens actions filed
OTH - Number of other actions filed, e.g., mental health, mandamus
ANS - Number of litigation reports completed
PEN - Number of cases pending
CLD - Number of cases closed
Hrr - Number of hearings or trials (Include in narrative)
SET - Number of settlements (include In narrative)

AWD - Number of Awards (Include In narrative)

Total new cases for calendar year 357

ADMINISTRATIVE CLAIMS:
JAN
70

FEB

MAR

APR

MAY

98

95

66

95

Total for Calendar Year
Pending

JUN

•

842
491

JUL

AUG

SEP

151

69

62

OCT
72

NOV
6-1

DEC

ADMINISTRATIVE REMEDIES

JAN
176

FEB
180

MAR
210

APR
196

MAY
226

Total for Calendar Year

JUN
140

JUL
164

AUG
163

SEP
154

OCT
229

NOV
163

DEC

1,838

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

ACTUAL ON-HAND
ACTUAL RECEIVED
ACTUAL PROCESSED
ACTUAL BACKLOG

FOIA
0
0
0
0

PRIVACY ACT
49
44
55
10

ADVERSE DECISIONS
Eugene A. Schmitz.. Jr. v. Percy Pitzer, District of Minnesota, Case No. 97-C-240-C
Fred Odell Price III v. Bureau of Prisons, District of Minnesota, Case No. 97-563
Timothy S. Egan v. Kathleen M Hawk, District of Minnesota, Case No. 4-96-284
Donovan Matthew Sisneros v. J.W. Booker, District of Minnesota, Case No. 97-Z-6S1
Three different U.S. District Courts within the North Central Region rendered adverse decisions.
ruling that section 9 of Program Statement 6162.02(9), Definition of Term, "Crimes of
Violence," is an invalid legislative rule. On November 18, 1997, Judge Barbara Crabb in the
Western District of Wisconsin so ruled in Eugene A. Schmitz. Jr. v. Percy Pitzer, case number
97-C-240-C. On November 25, 1997, Judge John R. Tunheim, in the District of Minnesota
issued orders voiding section 9 in Fred Odell Price III v. Bureau of Prisons, case number
97-563 and Timothy S. Egan v. Kathleen M Hawk, case number 4-96-284. The next day Judge
Zita L Weinshienk, in the District of Colorado, tilled in this same manner in Donovan Matthew
Sisneros v. J.W. Booker, case number 97-Z-651. The United States Attorney· Office in the
District of Colorado and Western District of Wisconsin are probably not going to recommend
appealing to their respective circuits. The United States Attorney's Office for the District of
Minnesota is considering an appeal, but may instead motion the Court to stay execution of the
order because the validity of section 9 is being evaluated by.the Eighth Circuit in a group of
cases on December 11, 1997 (See Upcoming Hearing and Trials)

Williams v. Hedrick, S.D. III., Case No. 96-862-JPG

Q

The court held that plaintiff s conviction of felon in possession of a frreann was not a per se
crime of violence. Instead, the court held that BOP regulations and Seventh Circuit precedent
mandated that the BOP use a "case by case" analysis of the circumstances surrounding § 922(g)
convictions. As a result of the holding, the court ordered the BOP to reevaluate the petitioner's
application for early release. The USP Marion Legal Office has recommended appeal but it
appears the U.S. Attorney's Office is against taking any further action in this case.

SETTLEMENTS OR JUDGMENTS
Zeisman v. Tippy, District of Minnesota, Case No. CV97-2086, FCI Waseca
After the petitioner had completed his residential drug treatment he received a level 200 incident
report for fighting with another inmate and found guilty by a UDC. As a result of the incident
report, the inmate was determined to be ineligible for sentence reduction under 3621 (e). After
further review of the incident report by NCRO legal it was determined that the incident report did
not adequately provide the inmate notice of the charges against him or the evidence relied upon
by the UDC. FCI Waseca Warden Jim Tippy agreed to expunge the finding of the UDC and
make the petitioner eligible for early release. The court was notified of this action and the
petitioner's claim was rendered moot.

Talley v. usA, D.Colorado Case No. 95-B-2639, FCC Florence
FTCA claim for lost property. Records were incomplete. Settled for $100.00.

DECISIONS OF INTEREST
United States v. S.A., 8th eir., Case No., FMC Rochester
Juvenile offender committed to the custody of the Attorney General pursuant JADA was deemed
to be mentally ill and dangerous if released. FMC Rochester staff initiated a 18 USC 4246
petition for continued hospitalization after date of expiration of sentence. Offender objected..
arguing juvenile offenders were not covered by the mental health statutes~ 18 USC 4241-4247.
After a Magistrate Judge agreed with the offender and held the court lacked jurisdiction.
objections were filed which the court sustained. The offender appealed and the Court of Appeals
affirmed~ holding the mental health statutes were part of a comprehensive system enacted by
Congress to promote public safety. FMC Attorney Jeff Toenges provided the U.S. Anomey·s
Office with extensive assistance.

Moore v. USA, 10th Cir... Case No. 97-3006.. FC) Milan
Inmate had lost personal property at FCI Milan in 1988. Following two dismissals and two
reversals by the 10th Circuit. the district court held a trial in 1995 and awarded the inmate $500.
The inmate appealed alleging that several valuable legal documents valued at over $8000.00
had been lost. In addition. Moore argued he should be reimbursed, at minimum wage. for the
time spent on litigation. The court of appeals rejected both arguments.

PENDING CASES OF INTEREST
Rahman v. Keohane and Kane, W.D. MO. Case No. 97-3270-CV-S-RGC, MCFP
Springfield
Inmate alleges various conditions of confinement violate his constitutional rights and RFRA.
Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved
outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading
on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that
former Regional Director Patrick Kane had not been served and suggested, pursuant to
F.R.Civ.P. 25 (a)(1), that Mr. Kane was deceased.
Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth
Current BOP employee alleges that former USP Warden discriminated against him when he
assisted another employee by filing a grievance with the U.S. Department of Housing and Urban
Development. The case is being referred to the Labor Law Branch.
Johnson v. United States, N.D.I1I., Case No. 96-C-5798, MCC Chicago
The administrator of a dead inmate's estate has sued the United States under the FTCA claiming
staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the
United States Attorney's Office with several depositions.
Gordon v. Cooksey, S.D.I1I., Case No. 97-CV-SI3, USP Marion
The plaintiff in this case is a former federal inmate now serving time in with the State of
Pennsylvania. The plaintiff alleges that he was beaten by staff at USP Marion and denied
adequate medical care. These same allegations were the subject of a FTCA claim and it appears
that there is some merit to the plaintitrs claims as there was a finding of misconduct by OIA.
The case looks to be very problematic since numerous staff members witnessed the incident but
took no affirmative steps to stop a single staff member from slapping and hitting the inmate
while he was cuffed. NCRO legal has contacted BOP/OIA to determine if there is any
involvement by the DOJ Civil Rights Divisions. NCRO legal is evaluating the merits of settling
this matter administratively and the plaintiff was recently contacted but would not provide a
specific sum of money for which he would dismiss his claim.
.
Harrison v. Unger, C.D. III., Case No. 96-1132, FCI Pekin
The inmate-plaintiff motion for reconsideration based on newly discovered evidence \\'as denied
even though a former BOP employee came forward to support the plaintiff's allegations of
retaliation by a staff member. According to the former BOP e~ployee, the plaintiff was written
erroneous incident reports after he filed several administrative remedies. The former BOP
employee left the agency after being accused of improper relations with inmates.

. Stewart v. United States, S.D. III., Case No. 97-353, FCI Greenville
The plaintiff alleges that he was forced to have sex with a female cook supervisor. As a result,
the plaintiff alleges he suffered emotional distress and seeks compensation under both the Eighth
Amendment and the FTCA. The U.S. Attorney's Office is prepared to file a motion to dismiss
on the grounds that the employee acted outside of her scope of employment and thus the United
States is not liable under the FTCA. The employee, who resigned while being investigated, has
not requested
RELIGIOUS FREEDOM RESTORATION ACT CASES
Houston v. Brooks, District of Minnesota, Case No. 97-2081
The plaintiff claims that he was transferred from FCI Sandstone to FCI Lompoc in retaliation for
expressing the beliefs of the Nation of Islam. After the inmate gave a sennon containing racially
inflammatory statements, he was placed in administrative detention and eventually transferred to
California. The plaintiff has sued several employees in their individual capacity under the First
Amendment and RFRA. A response in this case is due in early January 1998.

ENSIGN AMENDMENT LITIGATION
No new cases filed.

CRIMINAL MATTERS
United States v. Turner, District of Colorado, Case No. , USP Florence
Inmate assaulted two staff members at USP Florence in 1996. During discovery it became
evident that the victims were under investigation by DOJ Civil Rights Division. Counsel for
. inmates is now seeking copies of the reports.
In the matter of Ellis Lard, District of Colorado, Case No. 97-X-0068, USP Florence
Inmate Lard became involved in an altercation with three staffmembers at the USP. As a result
of injuries suffered during the altercation (bite wounds), it was possible that the staff members
could have become infected with HIV. Florence legal staff motioned the District of Colorado for
authority to use force to draw the inmate's blood for HIV testing.
ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
We are still waiting for input from the Central Office concerning whether staff who receive a
unifonn allowance must establish exhaustion of the allowance before reimbursement for lost or
damaged clothing is authorized.

TRIALS OR HEARINGS
Urbana Cabrero Aleejo v. Heller, SO III. Case No.

94-682-JPG~

USP Marion

Q

Status conference and hearing on plaintiff's motion to take the deposition of staff. Motion
granted.

United States v. Jones, SD III. October Disturbance case, FCI Greenville
Inmate sentenced to 151 months consecutive to current sentence for rioting, mutiny and two
counts of assault.

UPCOMING HEARINGS OR TRIALS
DAP Cases Consolidated Before Eighth Circuit Court of Appeals:
Martin v. Gerlinski, District of South Dakota, Case No. 96-4266
Barton v. Gerlinski, District of South Dakota, Case No. 97-4039
Gibbons v. Gerlinski, District of South Dakota, Case No. 97-4150
Luther v. Tippy, District of Minnesota, Case No. 97-17
Braun v. Tippy, District of Minnesota, Case No. 96-327
The Eighth Circuit Court has decided to consolidate three cases from the District of South
Dakota with two cases from the District of Minnesota. In each of these cases, the District Courts
held the Bureau of Prisons' utilization of sentence enhancements to find a crime violent was
valid. The cases from the District of South Dakota are Martin v. Gerlinski, case number
96-4266, Barton v. Gerlinski, case number 97-4039, and Gibbons v. Gerlinski, case number
. 97-4150. The cases from the District of Minnesota are Luther v. Tippy, case number 97-17 and
Braun v. Tippy, case number 4-96-327. FMC Rochester Attorney Jeff Toenges is providing
assistance to the Assistant United States Attorney and will be attending the oral argument on
December 11, 1997.

Bernal v. Black & Lewis, C.D. I11.~ Case No. 96-1209, FCI Pekin
Inmate alleges various statT changed his job and filed an incident report against him in retaliation
for filing grievances. The district court has granted summary judgment to all defendants but two.
Defendants Black and Lewis were Bemar s work supervisors. Bernal alleges he was retaliated
against because he filed grievances about working conditions at the commissary. Final pre-trial
conference is scheduled for December 4 .. 1997.
PERSONNEL ISSUES
Tim Roberts, Supervisory Attorney-Advisor at USP Leavenworth, assumed similar duties at
FCC Allenwood. Mary Ellen Doucette-Lunstrum, Attorney-Advisor, FCI Oxford.. will succeed
Tim.

STAFF TRAVEL AND LEAVE

John
Daryl

Dec. 18 - Jan. 5
Dec, 1 - 4
Dec. 29

Annual leave
Legal Review, FCI Milan
Annual leave

Dan

Dec. 24

Annual leave

Vincent

Dec. 24, Jan. 2

Gwen

Dec. 29 - Jan. 5

Janet

Dec. 15, Dec. 22 - 26

Gary

None

Bill

Dec. 24, Dec. 29 - Jan. 5

Annual leave

LeeAnn

Dec. 1 - 12

Paralegal Training, MSTC

Annual leave
Annual leave
Annual leave

Claims database WAN to Mary Rose Hagan on November 30, 1997.

u.s. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons

North Central Region
Office of Regional Counsel
Kansas City, KS 66101

January 15, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN' R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (December, 1997)
(Fint Quarter Report: 10/1/97 -12131/97)

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

inst

(

nurn

hc

ftc

biv

oth

ans

pen

cld

hIt

set

awd

47

23

3

15

7

15

621

25

4

0

0

JUL

AUG

SEP

OCT

NOV

DEC

151

69

62

72

64

71

NUM - Number of total lawsuits flied In the month (1)
HC - Number of habeas corpus actions filed In the reporting period
FTC - Number of FTCA actions filed
BIV - Number of Bivens actions filed
OTH - Number of other actions filed, e.g., mental health, mandamus
ANS - Number of litigation reports completed
PEN - Number of cases pending
CLC - Number of cases closed
HIT - Number of hearings or trials (include in narrative)
SET - Number of settlements (Include in narrative)
AWD - Number of Awards (include in narrative)

Total new cases for calendar year 357

ADMINISTRATIVE CLAIMS:
JAN

FEB

MAR

APR

MAY JUN

70

98

95

66

95

•

Total for Calendar Year

913

Pmd~g

4~

2621

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY JUN

JUL

AUG

SEP

OCT

NOV

176

180

210

196

226

164

163

154

229

163

Total for Calendar Year

140

DEC

1,838

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

FOIA

PRIVACY ACT

ACTUAL ON-HAND

0

20

ACTUAL RECEIVED

0

50

ACTUAL PROCESSED

0

48

ACTUAL BACKLOG

0

5

ADVERSE DECISIONS

(

Martin y. Gerlinski, Eighth Circuit, Case No. 97-2232SD, 1998 WL 7258 (January 13,
1998), FPC Yankton
The Court of Appeals had consolidated the appeals offive denials of habeas corpus relief (three
form South Dakota, two from Minnesota) for one year off under the provisions of 18 USC
3621 (e). All five offenders had received a two point enhancement of their sentences and were
. subsequently denied the one year off. In an order dated December 19, 1997, the Court of
Appeals reversed the dismissals and remanded the matters to the district courts.
Patel v. Wooten. et ai, Tenth Circuit, Case No. 97-1083, D. Colorado Case No. 96-M-286,
FCC Florence. (1997 WL 764570)
The Court of Appeals reversed and remanded the dismissal of this Bivens action against BOP
staff. Patel is a Hindu who complained that the Common Fare Program at FCI Florence \'iolated
his religious rights under the First Amendment and RFRA. In addition, the failure to provide
pork substitutes to Jews and Moslems and not meat substitutes for Hindus violated equal
protection. The Court of Appeals found that RFRA was declared unconstitutional and did not
address the RFRA claims. The court concluded that Patel's right to a religious diet "'as clearly
established in 1994 and the defendants were not entitled to qualified immunity. The matter is
under consideration of appointment of private counsel and reconsideration by the panel.

2
2622

Sisneros v. Booker, D. Col., Ca'se No. 97-Z-06S1, FCI Florence
District Court held that the BOP's use of sentence enhancements was contrary to plain-language
of 18 U.S.C. 3621. Furthermore, the BOP was estopped from denying the inmate a sentence
reduction since it had made several representations to the inmate that he was eligible for early
release.
SETTLEMENTS OR JUDGMENTS
Sellers v. United States, SD III., Case No. 84-CV-4357, USP Marion
FTCA case for lost or misplaced legal books tried to Magistrate Judge following two different
reversals at the appellate level. Judgment in favor of the inmate entered for $1,633.75.

DECISIONS OF INTEREST
Bush v. Pitzer, Seventh Circuit, Case No. 97-3024, FCI Oxford
The Seventh Circuit affirmed the decision of the district court which denied an inmate early
release under 18 U.S.C. 3621. While the court sided with the district court and found that the
the inmate's crime of selling numerous weapons to gang-members was a crime of violence, it
objected to the BOP's use of sentence enhancements in making this detennination.

PENDING CASES OF INTEREST

(

'.~

Rahman v. Keohane and Kane, W.D. MO. Case No. 97-3270-CV-S-RGC, MCFP
Springfield
Inmate alleges various conditions of confinement violate his constitutional rights and RFRA.
Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved
outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading
on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that
former Regional Director Patrick Kane had not been served and suggested, pursuant to
F.R.Civ.P. 2S (a)(I) that Mr. Kane was deceased.
Johnson v. USA, ND III Case No. 96-C-5708, MCC Chicago
Wrongful death action for inmate suicide continues. Depositions have been completed. except
.
for plaintiff's expert.
Bickford, Inc. v. Federal Correctional Institution, Juneau County, Wisconsin Circuit Court
Case NO. 97-C-623
Former federal contractor alleges FeI failed to return $1,800.00 in lighting ballasts. Matter·is in
the process
of being removed to federal court.
I
Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth
Current BOP employee alleges that fonner USP Warden discriminated against him \,"hen he
assisted another employee by filing a grievance with the U.S. Department of Housing and Urban
Development. The case is being referred to the Labor Law Branch.

3
2623

Johnson v. United States, N.D.I1i., Case No. 96-C-S798, MCC Chicago
The administrator of a dead inmate's estate has sued the United States under the FTCA claiming

(

staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the
United States Attorney's Office with several depositions.

Harrison v. Unger, C.D. Ill., Case No. 96-1132, FeI Pekin
The inmate-plaintiff motion for reconsideration based on newly discovered evidence was denied
even though a formet BOP employee came forward to support the plaintiff's allegations of
retaliation by a staff member. According to the fonner BOP employee, the plaintiff was written
erroneous incident reports after he filed several administrative remedies. The former BOP
employee left the agency after being accused of improper relations with inmates.

RELIGIOUS FREEDOM RESTORATION ACT CASES
Patel y. Wooten, et ai, see above.
Houston v, Brooks, D. Minn, Case No. 97-2081, FCI Sandstone
The plaintiff alleges the BOP retaliated against him for giving a sermon which was racially
inflammatory. The inmate has sued under both RFRA and the First Amendment.

ENSIGN AMENDMENT LITIGATION
No new cases filed.

('
ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
We are still waiting for input from the Central Office concerning whether'staffwho receive a
uniform allowance must establish exhaustion of the allowance before reimbursement for lost or
damaged clothing is authorized.

UPCOMING HEARINGS OR TRIALS
United States v, Mills, D. Col., Case No.

,Florence Complex

This case involves civil rights violations by a former staff member and is set for trial on January
12, 1998. While staff were trying to use force to restrain an inmate, Mr. Mills allegedly struck
the inmate. After the inmate was fully restrained, Mr. Mills allegedly continued to strike the
inmate. Mr. Mills then grabbed the video camera that was documenting the use of force and
erased the tape.

4

2624

Lozano v. Reno, D. Col., Case No. 95-WM-2661, FeI Engl~wood
The plaintiff in this case is a fonner probationary employee who was removed from his position
for not disclosing pertinent infonnation on his preemployment fonns. The case is scheduled for
a bench trial on February 9, 1998. The plaintiff cannot seek any damages except for back-pay
since he was tenninated prior to the enactment of the 1991 Civil Rights Act.

('

PERSONNEL ISSUES

STAFFTBAVELANDLEAYE
John

Jan 1 - Jan. 5
Jan 14 - 20

Daryl

None Scheduled

Dan

None Scheduled

Vincent

Jan. 12 - 16

Gwen

None Scheduled

Janet

N one Scheduled

Gary

None Scheduled

Bill

None Scheduled

LeeAnn

N one Scheduled

Annual leave
·Annual Leave

TOY to USP Leavenworth

.'

(

~....

.

Claims database WAN to Mary Rose Hagan on December, 1997.

5
2625

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
January 15, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (December, 1997)

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

NUM - Number of total lawsuits flied In the month (1)
HC - Number of habeas corpus actions filed In the reporting period
FTC - Number of FTCA actions flied
. BIV - Number of Bivens actions flied
OTH - Number of other actions flied, e.g., mental health, mandamus
ANS - Number of litigation reports completed
PEN - Number of cases pending
CLD - Number of cases closed
HIT - Number of hearings or trials (Include In narrative)
SET - Number of settlements (Include In narrative)
AWD - Number of Awards (Include In narrative)

Total new cases for calendar year 357

ADMINISTRATIVE CLAIMS:
JAN
70

FEB
98

MAR
95

APR
66

Total for Calendar Year
Pending

MAY
95

JUN
*

913
499

JUL
151

AUG
69

SEP
62

OCT
72

NOV

64

DEC
71

ADMINISTRATIVE REMEDIES
JAN
176

FEB
180

MAR
210

APR

MAY
226

196

Total for Calendar Year

JUN
140

JUL
164

AUG
163

SEP
154

OCT
229

NOV
163

DEC

1,838

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

ACTUAL ON-HAND
ACTUAL RECEIVED
ACTUAL PROCESSED
ACTUAL BACKLOG

FOIA·
0
0
0
0

PRIVACY ACT
20
50
48
5

ADVERSE DECISIONS
Martin v. Gerlinski, Eighth Circuit, Case No. 97-2232SD, 1998 WL 7258 (January 13,
. 1998), FPC Yankton
The Court of Appeals had consolidated the appeals of five denials of habeas corpus relief (three
form South Dakota., two from Minnesota) for one year off under the provisions of 18 USC
3621 (e). All five offenders had received a two point enhancement of their sentences and were
subsequently denied the one year off. In an order dated December 19, 1997, the Court of
Appeals reversed the dismissals and remanded the matters to the district courts.
Patel v. Wooten, et ai, Tenth Circuit, Case No. 97-1083, D. Colorado Case No. 96-M-286,
FCC Florence. (1997 WL 764570)
The Court of Appeals reversed and remanded the dismissal of this Bivens action against BOP
staff. Patel is a Hindu who complained that the Common Fare Program at FCI Florence violated
his religious rights under the First Amendment and RFRA. In addition, the failure to provide
pork substitutes to Jews and Moslems and not meat substitutes for Hindus violated equal
protection. The Court of Appeals found that RFRA was declared unconstitutional and did not
address the RFRA claims. The court concluded that Patel's right to a religious diet was clearly
established in 1994 and the defendants were not entitled to qualified immunity. The matter is
under consideration of appointment of private counsel and reconsideration by the panel.
Sisneros v. Booker, D. Col., Case No. 97-Z-0651, FCI Florence
District Court held that the BOp·s use of sentence enhancements was contrary to plain-language
of 18 U.S.C. 3621. Furthennore. the BOP was estopped from denying the inmate a sentence

o

reduction since it had made several representations to the inmate that he was eligible for early
release.

SETTLEMENTS OR JUDGMENTS
Sellers v. United States, SD Ill., Case No. 84-CV-4357, USP Marion
FTCA case for lost or misplaced legal books tried to Magistrate Judge following two different
reversals at the appellate level. Judgment in favor of the inmate entered for $1,633.75.
DECISIONS OF INTEREST
Bush v. Pitzer, Seventh Circuit, Case No. 97-3024, FCI Oxford
The Seventh Circuit affirmed the decision of the distri.~t court which denied an inmate early
release under 18 U.S.C. 3621. While the court sided with the district court and found that the
the inmate's crime of selling numerous weapons to gang-members was a crime of violence, it
objected to the BOP's use of sentence enhancements in making this determination.

PENDING CASES OF INTEREST
Rahman v. Keohane and Kane, W.O. MO. Case No. 97-3270-CV-S-RGC, MCFP
Springfield
Inmate alleges various conditions of confinement violate his constitutional rights and RFRA.
Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved
outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading
on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that
former Regional Director Patrick Kane had not been served and suggested, pursuant to
F.R.Civ.P. 25 (a)(I) that Mr. Kane was deceased.
Johnson v. USA, NO III Case N,o. 96-C-5708, MCC Chicago
Wrongful death action for inmate suicide continues. Depositions have been completed. except
for plaintiffs expert.
Bickford, Inc. v. Federal Correctional Institution, Juneau County, Wisconsin Circuit Court
Case NO. 97-C-623
Former federal contractor alleges FCI failed to return $1,800.00 in lighting ballasts. Matter is in
the process of being removed to federal court.
Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth
Current BOP employee alleges that former USP Warden discriminated against him when he
assisted another employee by filing a grievance with the U.S. Department of Housing and Urban
Development. The case is being referred to the Labor Law Branch.
Johnson v. United States, N.D.III., Case No. 96-C-S798, MCC Chicago
The administrator ofa dead inmate's estate has sued the United States under the FTCA claiming

staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the
United States Attorney's Office with several depositions.

Harrison v. Unger, C.D. Ill., Case No. 96-1132, FCI Pekin
The inmate-plaintiff motion for reconsideration based on newly discovered evidence was denied
even though a former BOP employee came forward to support the plaintiff s allegations of
retaliation by a staff member. According to the former BOP employee, the plaintiff was written
erroneous incident reports after he filed several administrative remedies. The former BOP
employee left the agency after being accused of improper relations with inmates.

RELIGIOUS FREEDOM RESTORATION ACT CASES
Patel v. Wooten, et ai, see above.
Houston v. Brooks, D. Minn, Case No. 97-2081, FCI Sandstone
The plaintiff alleges the BOP retaliated against him for giving a sermon which was racially
inflammatory. The inmate has sued under both RFRA and the First Amendment.
ENSIGN AMENDMENT LITIGATION
No new cases filed.

ADMINISTRATIVE CLAIMS AND OTHER MATIERS OF INTEREST
We are still waiting for input from the Central Office concerning whether staff who receive a
uniform allowance must establish exhaustion of the allowance before reimbursement for lost or
damaged clothing is authorized.

UPCOMING HEARINGS OR TRIALS
United States v. Mills, D. Col., Case No. ,Florence Complex
This case involves civil rights violations by a former staff member and is set for trial on January
12, 1998. While staff were trying to use force to restrain an inmate, Mr. Mills allegedly struck
the inmate. After the inmate was fully restrained" Mr. Mills allegedly continued to strike the
inmate. Mr~ Mills then grabbed the video camera that was documenting the use of force and
erased the tape.

Lozano v. Reno, D. Col., Case No. 95-WM-2661, FCI Englewood
The plaintiff in this case is a former probationary employee who was removed from his position
for not disclosing pertinent information on his preemployment forms. The case is scheduled for

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a bench trial on February 9, 1998. The plaintiff cannot seek any damages except for back-pay
since he was tenninated prior to the enactment of the 1991 Civil Rights Act.

PERSONNEL ISSUES

STAFF TRAVEL AND LEAVE

Daryl

Jan 1 - Jan. 5
Jan 14 - 20
None Scheduled

Dan

None Scheduled

Vincent

Jan. 12 - 16

Gwen

None Scheduled

Janet

None Scheduled

Gary

None Scheduled

Bill

None Scheduled

LeeAnn

None Scheduled

John

Annual leave
Annual Leave

TOY to USP Leavenworth

Claims database WAN to Mary Rose Hagan on December, 1997.