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Fbop Ncr Monthly Reports 1998jan-jul

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o

u.s. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City _KS 66101
February 6, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
.
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (January, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

inst

nurn

hc

ftc

biv

oth

ans

pen

cld

hIt

set

awd

14

4

3

5

2

10

394*

12

3

2

0

NUM - Number of total lawsuits filed 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
CLD - Number of cases closed
HIT - Number of hearings or trials (include in narrative)
SET - Number of seWements (include in narrative)
AWD - Number of Awards (include in narrative)

Total new cases for calendar year 14
All statistics taken from North Central Region LMS
ADMINISTRATIVE CLAIMS:
JAN

FEB

MAR

APR

MAY

61

Total for Calendar Year
Pending

61
483

JUN

JUL

AUG

SEP

OCT

NOV

DEC

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

MAY

APR

JUL

JUN

AUG

SEP

OCT

NOV

DEC

184

Total for Calendar Year

FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS
FOIA

PRIVACY ACT

ACTUAL ON-HAND 1/31

38

ACTUAL RECEIVED

75

ACTUAL PROCESSED

47

ACTUAL BACKLOG

6

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOJ.

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.
SETTLEMENTS OR JUDGMENTS
Tyler v. United States. et aI, SD III., Case No. 96-46-JPG, FCI Greenville
Hybrid FTCAlBivens action alleging excessive use of force following October. 1995
disturbance. Settled for $300. Plaintiff had appointed counsel.
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. Settled for
$660.

2

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. The Court of Appeals affirmed the district court's denial of
habeas relief on the basis of an ad hoc review of the underlying crime of selling numerous
weapons to gang-members was a crime of violence. The BOP had not used section nine of the
Program Statement to deny eligibility for the year time off, but in dicta, the court held that use of
enhancement was inconsistent with the plain language of the statute.
United States v. Morris, D. Colorado, FCI Florence
In December, 1996, Morris killed another inmate at the UNICOR shop at the FCI. Morris
pleaded guilty to voluntary manslaughter and will be sentenced in April.
Love v. Tippy, Eighth Circuit, 1998 WL 3410, FCI Waseca
At the district court level, the court upheld the BOP's decision that a violation of 18 U.S.C.
924(c) was not a nonviolent offense for purposes of early release under 18 U.S.C. 3621(e)(2)(B).
The Eighth Circuit affirmed' this decision and held that the inherently violent nature of firearms·
and the danger firearms pose to all members of society made the BOP's determination a
permissible construction of § 3621 (e )(2)(8).

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, ~led 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.
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. Outside counsel
at DOJ expense has been appointed for the individual defendants.
Massey v. Helman, C.D. III., Case No. 97-1401, FCI Pekin
Represented inmate-plaintiff seeks class certification concerning medical care at Fel Pekin.
3

Plaintiff alleges he was denied surgery for hernia after physician suggested it. Central theme is
that FCI physician recommended treatment which was delayed or denied by administration.
Plaintiff has obtained a court order to access inmate medical records of non-parties. This case
may have an impact current BOP medical treatment classification of medically mandatory,
·medically necessary and medically acceptable but not necessary. While the court has permitted
some initial discovery, a dispositive motion on qualified immunity grounds is being prepared..

RELIGIOUS FREEDOM RESTORATION ACT C.ASES
Patel v. Wooten. et ai, see above.
ENSIGN AMENDMENT LITIGATION
No new cases filed.

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
. None

HEARINGS AND TRIALS

,- '-

U.S. v. Wille Boyd, SD III., FCI Greenville
Arraginment in FCI, criminal case
U.S. v. Richard Williams, SD III., USP Marion
. Arraignment in USP criminal case
Eickleberry v. Ward, CD III., FCI Pekin
Final pre-trial conference. Settlement is being negotiated.

UPCOMING HEARINGS OR TRIALS
United States v. Mills, D.Col., Case No. ,Florence Complex
This case involves civil rights violations by a fornler staff member and was se~ for trial on
January 12~ 1998. While stafT 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. It is alleged that the defendant then grabbed the video camera that was documenting
the use of force and erased the tape. Trial postponed until April, 1998.

Lozano v. Reno, D. Col., Case No. 95-WM-2661, Fel Englewood
The plaintiff in this case is a former probationary employee who was removed from his position
for not disclosing pertinent information on his preemploynlent forms. The case was scheduled
4

for a bench trial on February 9, 1998 .. but was postponed because of a delay that occurred in the
trial heard the week before. The trial has been postponed for at least three months. The plaintiff
cannot seek any damages except for back-pay since he was terminated prior to the enactment of
the 1991 Civil RightsAct.

Jones v. Simek, et ai, ND III Case No. 94-C-I097, MCC Chicago
Allegations of excessive use of force against BOP staff. Trial scheduled to begin March 2, 1998.
Outside counsel at DOJ expense for defendants.

u.S. y. Fountain & Young, CD Ill., FCI Pekin
Inmates charged with trafficking in contraband. Trial scheduled for March 9, 1998.

u.S. v. Niles, CD Ill., FCI Pekin
Inmate charged with aggravated assault on staff. Trial scheduled for March 16, 1998.

u.s. v. Beltran & Ryan, CD Ill., FCI Pekin
Inmates charged with trafficking in Contraband. Trial sheduled for March 16, 1998.

PERSONNEL ISSUES
Supervisory Paralegal Specialist Gary Roberts announced his retirement from the BOP effective
March 28, 1998. Gary has been an integral part of the North Central Regional Counsel's Office
since 1985 and will be greatly missed. Gary reports he will be spending his time on the farm he
and his wife Connie share in Leavenworth, Kansas if anyone wants to drop by and help bail the
hay.

STAFF TRAVEL AND LEAVE
John

None Scheduled

Daryl

None Scheduled

Dan

None Scheduled

Vincent

Administrative Leave

February 23 -27

Gwen

FMC Rochester·

February 23 - 27

Janet

None Scheduled

Gary

None Scheduled

Bill

None Scheduled
5

LeeAnn

None Scheduled

Claims database WAN to Delores Johnson on February 3, 1998.

6

u.s.

DEPARTMENT OF JUSTICE

Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
March 12, 1998
MEMORANDUM FOR WALLACE H. CHENEY,
ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW

FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHLY REPORT {February, 1998}

LZTZGATZON, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTZCS
LITIGATION:

Ii

Ilinst
II
II

i

i

i

i

i

i

i

i

i

Inurn

Ihc
I

Iftc

Ibiv
I

loth

lans

Ipen

Icld

I

I

1
1420

Ih/t
I

1

. 1

144

124

i

i

I

115

13

,

i

12

114

i

I

I

33

I

1,3

IAUG

ISEP

I

NOM - Number of total lawsuits filed in the month (l)
HC Number of habeas corpus actions filed in the reporting period
FT"
Number of FTCA actions filed
B
Number of Bivens actions filed
OTb - 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
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: 63

ADMINISTRATZVE CLAZMS:
Ii

II JAN

I

11 61

i

IFEB

i

IMAR

1

1

150

II

i

i

i

1APR

1MAY

I
I,

I
I

Total for Calendar Year: 111
Pending: 491

I

I

IJUN
I
1,

i

IUUL
I
1
i

i

i

1

I

I

I

i

"ADMINISTRATIVE REMEDIBS:
o

Ii

'[IJAN
II
111P"
lb

I

[FEB

[
1170
I

IMAR

I

I

I

I

I

I

IAPR

IJUN

[JUL

[AUG

ISEP

I

I

[

[

[

I

IMAY
I
I

I

I

I
II

I
II

I

I

I

I

I

I

Total for Calendar Year: 354
FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS:
b

II
II
I[ACTUAL ON-HAND
II
[I ACTUAL RECEIVED
[I
ACTUAL PROCESSED
II

II
[[ACTUAL BACKLOG

I

I

IFOIA

I

141

I

IPRIVACY ACT
I
12

I

64

13

I
36
I
I;LO

I
12
I
10

1

1

II

Ii

II
II
II
II
II
II

II
II
II

ADVERSE DECISIONS
McKenzie v. Romine, Case No. 97-1416, D.Minn., FCI Sandstone
The petitioner alleged that the BOP improperly refused to release him due to"the concur
r'1'"
• 11g of his mandatory release violator term with the Parole Commission.
The Magistr
J
ordered the petitioner be immediately released and the BOP complied with the orde
Dahler v. Goodman, 1998 WL 67359 (10th Cir. (Kan.)), USP Leavenworth
The District of Kansas had decided that an inmate's request for annotated sets of state
from Michigan and Wisconsin was overly broad and that the inmate failed to state a clai
relief because he had not demonstrated that he sought assistance from the University of
Law School Defender Project. After reviewing the record, the Tenth Circuit reversed af
found that the inmate had submitted a BP-l1 request in which he claimed the KU Law Scho
program would not respond to him. More remarkably, the Circuit held that the inmate's
was specific under its prior decision in Petrick v. Maynard, 11 F.3d 991 (lOth Cir. 199
Because the Circuit found the district court acted on clearly erroneous factual finding
the wrong legal standards to the inmate's claims regarding access to legal materials, t
reversed and remanded to the District of Kansas.

X
\

SETTLEMENTS OR JUDGMENTS
None.
DECISIONS OF INTEREST
~
~ v. Miller, 1198 WL 78992 (7th Cir. 1998), USP Marion
AL
~al, the plaintiff prevailed against both the United States and four Bivens defend
proving assault and battery and violations of the Eight Amendment. The District Court
the Bivens judgments pursuant to 28 § 2676 of the FTCA which provides that a judgment i
FTCA action is a complete bar to any judgment against government employees for injuries
from the same acts. The inmate appealed the dismissal and the Seventh Circuit affirmed
holding of the District Court.

PENDING CASES OF INTEREST
Clancy v. United States, Case No. 98-CV-0910, N.D.lll., MCC Chicago
A visitor fell and injured herself in front of the MCC in 1996 and is now seeking compe
the amount of $500,000.
Jones v. S~ek, Case No. 94-C-1097, N.D.lll., MCC Chicago
Allegations that staff used excessive force against an inmate. Due to an investigation
Civil Rights, outside counsel has been appointed for the defendant. Trial is set for M
1998, with over 20 BOP witnesses expected to testify.
RELIGIOUS FREEDOM RESTORATION ACT CASES
Houston v. Brooks, Case No. 97-2081, D. Minn., FCI Sandstone
The inmate, who is a member of the Nation of Islam, was removed from general. population
tr ·terred to USP Lompoc after he ·made racially inflammatory remarks. Once at USP Lorn
h
• the same thing and was placed in administrative detention. He sued staff at bot
in~_~tutions under Bivens and RFRA.
All defendants have requested private counsel and
awaiting approval from DOJ
Denoyer v. Walker, Case No. 96-2177, D. Colo., OSP Florence
The plaintiff made general allegations under RFRA that the chaplains at USP Florence we
attempting to interfere with his practice of the Native American faith. In defending a
allegations, the chaplains pointed out that they located Native American volunteers, pr
Native American inmates with instruments necessary for the practice of their religion,
use of the sweat lodge, and arranged ceremonies for the Native American inmates. In a
R&R, the Magistrate Judge granted the defendants qualified immunity and distinguished t
analysis found in Garrett regarding the exhaustion of administrative remedies.

~I

/'

ENSIGN AMENDMENT LITIGATION
None.
EMPLOYMENT LAW LITIGATION
Tl.
.S v. Reno, Case No. 97-1155, Tenth Circuit, MSTC
The plaintiff in this case is a former BOP employee who was removed from his position a
was discovered that he was teaching at a local university during his regularly schedule
hours with the BOP. The plaintiff sued numerous BOP employees under Bivens and the Pri
Act, but had his complaint dismissed by the District Court. On appeal, the Tenth Circu
the holding of the District Court and held that the plaintiff had failed to demonstrate
intentional or willful violations of the Privacy Act. The Circuit also held that the p
were barred by the Civil Service Reform Act. The plaintiff currently is litigating ano
filed under Title VII, alleging age motivated his removal.

CRIMINAL MATTERS
United States v. Young, Case No. 97-10068, S.D.Ill., FCI Pekin
On February 20, 1998, the inmate pled guilty to Traffic in Contraband Articles.
United States v. Bridges, D. Kan., USP Leavenworth
On February 13, 1998, former Correctional Officer, Mildry Bridges, was sentenced to 18
for Providing Contraband in Prison.
United States v. Green, D. Kan., USP Leavenworth
Former Correctional Officer Green was indicted in connection with giving a package of m
to an inmate. Four other individuals were also indicted in this matter .

.Yr.,. 'd States v. Bernard, D. Colo., Florence Complex
I

indicted.on February 12, 1998, for Possession of a Weapon.

United States v. Bryant, D. Colo., Florence Complex
'Inmate sentenced to two one-year consecutive sentences for rioting.
sentenced for rioting in October 1996.

This is the last i

United States v. Mills, D. Colo., Florence Complex
This case involves allegations of civil rights violations by a former staff member.
April 27, 1998.
United States v. Morris, D. Colo., Florence Complex
Inmate pled guilty to killing another inmate in the FCI Unicor.
an additional 8-9 years.

Tr

The inmate is expected

Dnited States v. Flanagan, D. Colo., Florence Complex
This inmate murdered another inmate in December of 1994 and will be tried in March of 1
United States v. Williams, S.D.Ill., OSP Marion
Trial in this case is set for March 30, 1998, and it involves and inmate-on-inmate assa
da~~~rous weapon.
ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
PERSONNEL ISSUES:
Gary Roberts, one of the original BOP Paralegals, will be retiring at the end of this m
office will have a difficult time functioning without him. Gary will be greatly missed
wish him the best of luck in retirement.
Walter Pirnot resigned from his position as a legal intern to pursue a legal career in
sector.
STAFF TRAVEL AND LEAVE
John

MCC Chicago
CLE

March 18
March 19-20

Daryl

FT. WORTH
FLETC

March 16-17
March 30-April 9

Dan

MCC Chicago
CLE

March 18
March 18-19

G?o,

None scheduled

Vl..

-

None scheduled

Gwen

None scheduled

Janet

None scheduled

LeeAnn

FOIA\PA Training

Bill

None scheduled

March 24 - 26

o

u.s. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Offi~e of Regional Counsel

(

Kansas City, KS 66101
April 6, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DI~CTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

~ORT (March, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS

LITIGATION:

inst

('".

nurn

hc

ftc

biv

oth

ans

pen

cld

hIt

set

awd

33

24

0

3

6

23

*422

35

0

0

0

AUG

SEP

OCT

N()V

NUM • Number of total lawsuits filed 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
CLO • Number of cases closed
HIT· Number of hearings or trials (include in narrative)
SET· Number of settlements (Include in narrative)
AWO· Number of Awards (include in narrative)

Total new cases for calendar year
All statistics taken from North Central Region LMS

ADMINISTRATIVE CLAIMS:
JAN

FEB

MAR

61

50

66

APR

MAY

JUN

Total for Calendar Year 177
Pending 503

2626

JUL

DEC

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

184

170

210

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 561

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS
FOIA

PRIVACY ACT

ACTUAL ON-HAND

0

24

ACTUAL RECEIVE D

0

51

ACTUAL PROCESSED

2

50

ACTUAL BACKLOG

0

15

Backlog represents those requests which have not been responded to within the twenty work days
target' set by DOJ.

ADVERSE DECISIONS

(

Tolley v. Pugh and Petersen, D. Colo., No. 97-Z-0651, FCI Florence
This case involves by Odinist-inmates claiming inadequate opportunities for outdoor worship.
Magistrate Borchers found that is may be the practice of the BOP to treat the outdoor worship
area where the sweatlodge is located to be an area for the exclusive use of Native American
inm~tes. Magistrate Borchers also found there to be a dispute as to the size of the area and the
"impact the establishment of a separate area for Odinist to conduct religious ceremonies would
have on prison management. As a result, he held the matter should proceed to trial. Since the
plaintiff's seeks only injunctive relief, qualified immunity is not an issue.

SETTLEMENTS OR JUDGMENTS
None.

DECISIONS OF INTEREST
LaPlante v. USA, D.Col., No. 96-WM-2779, FCI Florence
Inmate claimed negligence on pehalf of the United States after he ran into a light-pole \\"hile
engaging in a game of flag-football. Argument by inmate was that the poles should have been
wrapped in protective padding. Favorable Report and Recommendation for BOP based on
Discretionary Function Excepti~n to the FTCA.
2

2627

Stewart v. USA, S.D. Ill., No. ·97-353 JPG, FCI Greenville
An inmate alleged that he was sexually abused by a staff member and sought damages under both
the FTCA and Bivens. The United States responded by filing a motion to dismiss arguing that
the conduct of the employee, if assumed true, was outside the scope of the employee's duties
with the Bureau of Prisons. The court held that. under Illinois law, employee acts of sexual
assault are deemed to be personally motivated and outside the scope of employment.
Accordingly, liability for a sexual assault did not extend to the United States under the FTCA as
a matter of law. Honor's Law Clerk Vince Shaw prepared the successful motion that was filed
Leggett v. Laey, D. Kan., No. 94-3438, USP Leavenworth
After an inmate was assaulted he brought suit against a staff member alleging deliberate
indifference. The inmate alleged that the staff member had specific infonnation that he was
going to be assaulted, but failed to act on this information. The court concluded there was
insufficient evidence of deliberate indifference to present the question to the jury since there was
no showing that specific infonnation was relayed to the staff member that the assault was
imminent. As a result the staff meIl?-ber' s actions were reasdnable and the plaintiff s complaint
was dismissed on summary judgment.
Lambros v. Hawk, D. Kan., No. 3035-RDR, USP Leavenworth
Motion for Summary Judgment granted against plaintifrs Biven's claim that he was denied
Brazilian law books translated into English for use in challenging his arrest and conviction.
PENDING CASES OF INTEREST

c.

Clemmons v. Pitzer, W.D. Wise., No. 98-C-0049-C, FCI Oxford
Petitioner argues the State of Ohio waived primary jurisdiction when it allowed the plaintiff to
remain in federal custody pursuant to a writ.
Langerndorf Supply v. Safeco Insurance, S.D.III., No. 3:98-CV-I02, USP Marion
An excavating company named Korte-Luitjohn, had a contract with USP Marion to work on
sewage treatment plant. Safeco Insurance was surety of Korte-Luitjohn. A subcontractor of
Korte-Luitjohn allegedly failed to pay Langemdorf for materials and now Langerndorf is suing
Safeco as the surety of Korte-Luitjohn. A former project manager in the facilities departnlent has
been served as a defendant.
Massey v. Helman, C.D~ III., Case No. 97-1401, FCI Pekin
Represented inmate-plaintiff seeks class certification concerning medical care at Fer Pekin.
Plaintiff alleges he was denied surgery for hernia after physician suggested it. Central theme is
that FC! physician recommended treatment which was delayed or denied by administration.
Plaintiffhas obtained a court order to access inmate medical records of non-parties. This case
may have an impact current BOP medical treatment classification of medically mandatory.
medically necessary and medically acceptable but not necessary. While the court has pennitted
some initial discovery, a dispositive motion on qualified immunity grounds is being prepared.

3

2628

RELIGIOUS FREEDOM RESTORATION ACT CASES

(
\

Patel v. USA, D.Colo., No. 96-M-0286, FCI Florence
Inmate alleges he is entitled to Hindu diet that cannot be accommodated with common fare.
Court has appointed private counsel for the inmate and denied staff qualified immunity. Staff
have sought private counsel to fight validity of RFRA.
Houston v. USA, D. Minn., No. FCI Sandstone
Inmate was placed in administrative detention and transferred after he made offensive and
inflammatory remarks on the compound about Caucasians. The imnate claims the speech was
religious in nature and protected by the First Amendment and RFRA. Each defendant was
provided outside counsel. U.S. Attorney's Office worked with NCRO to find outside counsel for
defendants.

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
Temporary Closing of ADX Florence and USP Marion Sweat Lodg~s.
Operation of the ADX Florence and USP Marion sweat lodges was temporarily suspended after
staff discovered that gang-activities were being conducted in the sweat lodges. Staff also
received information that weapons were being constructed in the sweat lodges by certain inmates.
In response to this information, ADX Florence and USP Marion Wardens requested the sweat
lodges be closed until these security concerns could be addressed.

('

HEARINGS AND TRIALS

"

Jones v. Simek, N.D. Ill., No. 94-C-I097, MCC Chicago
Inmate alleged he was subjected to the excessive use of force during a lockdown. Outside
counsel has'represented staff against allegations during trial held on March 12 through 19. 1998.
No ruling was made at trial.

UPCOMING HEARINGS OR TRIALS
CRIMINAL MATTERS
u.S. v. Fountain, C.D.I1I., No. 97.. 10070, FCI P,ekin
Traffic in Contraband charge. The defendant is awaiting sentencing for another crime in the N.D.
of Iowa.
u.S. v. Niles, C.D.I1I., No. 97-10069, FCI Pekin
Aggravated Assault on a Correctional Officer. The defendant pled guilty on March 19. I <)98. and
will be sentenced in May.
u.S. Young, C.D.III., No. 97-10068, FCI Pekin
4

2629

u.s. v. Beltran, C.D. III., No. 97-10071, FCI Pekin
U.S. v. Ryan, C.D. III., No. 97-10072, FCI Pekin
All Traffic in Contraband cases. While both Young and Beltran have pled guilty, Ryan has not,
but is expected to enter a guilty plea this month.

('

U.S. v. Williams, S.D.I1I., No. 98-40001-JPG, USP Marion
Inmate is charged with Assaulting Another Inmate with A Dangerous Weapon. A pre-trial
hearing was held on March 19, 1998, and trial is set for April 6, 1998.

u.S. v. Richard Bernard, D. Colo., No. 98-CR-0066-WM, FCI Florence
Inmate found with a shank in pocket when shaken down on way out to recreation. lrunate
charged in one count infonnation with possession of contraband. Initial appearance,
arraignment, and advisement were held March 12, 1998 in ADX Courtroom. Inmate pleaded not
gUilty. Trial set for May 11, 1998. Inmate expected to change plea to guilty on April 15, 1998.

U.S. v. Kevin Everhart, D. Colo., No. 98-CR- ,USP Florence
Inmate, with another inmate, assaulted a third inmate with weapons. Pleaded guilty to possession
of contraband, to wit, a "shank," and received sentence of six months, consecutive to current
tenn. Initial appearance, plea of gUilty and immediate sentencing by Magistrate Borc~ers at
ADX Courtroom on March 12, 1998.

u.s. v. Mike Flanagan, D. Colo., No. 96-CR-03S7-M, USP Florence.
After jury trial, the defendant was acquitted of the murder of inmate Michael Brown at USP
Florence in December 1994. Two inmates pleaded guilty and testified against Flanagan.
However, the j"ury acquitted on the murder and conspiracy charges.

u.S. v. Christopher Gibson, D. Colo., No. 98-CR-0099, ADX Florence
Inmate, with two other inmates, assaulted inmate Nevergall on recreation yard at ADX. Charged
in a two count information of violating 18 USC 113(a)(4), by striking with fists (count one) and
kicking (count two). Arraignment, advisement, and initial appearance on March 12, 1998.
u.S. v. Rafael Gonzales-Munoz, D.Colo., No. 98-CR-OIOO, ADX Florence
Inmate, with two other inmates, assaulted inmate Nevergall on recreation yard at ADX. Charged
in one count information of assault in violation of 18 USC II(a)(4). Initial advisement in ADX
CoUrtroom on March 12, 1998.

U,S. v. Manuel Jackson, D. Colo., No. 98-CR-0097, ADX Florence
Inmate, with two other inmates assaulted inmate Nevergall on recreation yard. Also assaulted
A W after removed from recreation yard. Charged in two count infonnation with assault on
inmate (18 USC 113(a)(4» and assault on staff(18 USC 111(a)(I». Initial appearance.
arraignment and advisement on March 12, 1998.

u.s. v. Larry Morris, D. Colo., No. 97-CR-

,FCI Florence
Inmate murder in UNICOR in December of 1997.· Inmate set for sentencing on voluntary
manslaughter guilty plea April 6, 1998.

5

2630

u.s. v. Christopher Simmonds, D. Colo., No. 98-CR-0098, ADX Florence
Inmate assaulted two staff members at ADX. Charged in two count information with violation of
18 USC 111(a)(I). Initial appearance, arraignment and advisement held March 12, 1998.

u.s. v. Irwin Stern, D. Colo., No. 98-CR-

,USP Florence

Inmate, with another inmate, assaulted a third inmate with weapons. Pleaded guilty to possession
of contraband, and received sentence of six months to be served consecutive to current term.
Initial appearance, plea of guilty, and immediate sentencing by Magistrate Borchers at ADX on
March 12, 1998.

PERSONNEL ISSUES
*Janet Winebrenner recently was named NCRO Employee of the Quarter. We appreciate all of
Janet's hard work and congratulate her on her award.
*With the retirement of Gary Roberts, NCRO L~gal has restructured its operations.
Bill Whitcomb and Gwen Robinson are now under the supervision of Dan Eckhart. Gwen had
almost exclusive oversight of FTCA claims and will now become more involved in other matters
such as litigation and FOIA. LeeAnn Tufte has taken over responsibility for the administration of
FOIA until selections are made for the NCRO Legal FOIA positions.
*NCRO has made an offer of employment to a first-year University of Missouri, Kansas City,
law student. At this time the student has not accepted the offer.

C...
STAFF TRAVEL AND LEAVE
John

None Scheduled

Daryl

AIL-lO

Dan

AIL-9

Gwen

AIL-I 7, 28, 29

Vince

None Scheduled

LeeAtin

AIL-I 3

Bill

AlL-l 0

Janet

AIL-I 0

6

2631

.:\'"

.~

I

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
April 6, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (March, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

NUM - Number of total lawsuits filed 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
CLO - Number of cases closed
HIT - Number of hearings or trials (include in narrative)
SET - Number of settlements (include in narrative)
.
AWO - Number of Awards (include in narrative)

Total new cases for calendar year
All statistics taken from North Central Region LMS
ADMINISTRATIVE CLAIMS:
JAN
61

FEB
50

MAR APR

MAY JUN

66

Total for Calendar Year 177
Pend.iog 503

JUL

AUG

SEP

OCT

I ~()V
i

DEC

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

184

170

210

APR

JUN

MAY

AUG

JUL

SEP

OCT

NOV

DEC

Total for Calendar Year 561

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS
PRIVACY ACT

FOIA
ACTUAL ON-HAND
ACTUAL RECEIVE D
ACTUAL PROCESSED
ACTUAL BACKLOG

0
0
2
0

24
51
50
15

Backlog represents those requests which have not been responded to within the twenty work
days target set by DOJ.

ADVERSE DECISIONS
Tolley v. Pugh and Petersen, D. Colo., No. 97-Z-0651, FCI Florence
This case involves by Odinist-inmates claiming inadequate opportunities for outdoor worship.
Magistrate Borchers found that is may be the practice of the BOP to treat the outdoor worship
area where the sweatlodge is located to be an area for the exclusive use of Native American
inmates. Magistrate Borchers also found there to be a dispute as to the size of the area and the
impact the establishment of a separate area for Odinist to conduct religious ceremonies would
have on prison management. As a result.. he held the matter should proceed to trial. Since the
plaintiffs seeks only injunctive relief. qualified immunity is not an issue.

SETTLEMENTS OR JUDGMENTS
None.

DECISIONS OF INTEREST
LaPlante v. USA, D.CoI., No. 96-WM-2779, FCI Florence
Inmate claimed negligence on behalf of the United States after he ran into a light-polc while
engaging in a game of flag-football. Argument by inmate was that the poles should ha\"c been
wrapped in protective padding. Favorable Report and Recommendation for BOP based on
Discretionary Function Exception to the FTCA.

Stewart v. USA, S.D. Ill., No. 97-353 JPG, FCI Greenville
An inmate alleged that he was sexually abused by a staff member and sought damages under
both the FTCA and Bivens. The United States responded by filing a motion to dismiss arguing
that the conduct of the employee, if assumed true, was outside the scope of the employee's duties
with the Bureau of Prisons. The court held that under Illinois law, employee acts of sexual
assault are deemed to be personally motivated and outside the scope of employment.
Accordingly, liability for a sexual assault did not extend to the United States under the FTCA as
a matter of law. Honor's Law Clerk Vince Shaw prepared the successful motion that was filed

Leggett v. Lacy, D. Kan., No. 94-3438, USP Leavenworth
After an inmate was assaulted he brought suit against a staff member alleging deliberate
indifference. The inmate alleged that the staff member had specific information that he was
going to be assaulted., but failed to act on this information. The court concluded there was
insufficient evidence of deliberate indifference to present the question to the jury since there was
no showing that specific information was relayed to the staff member that the assault was
imminent. As a result the staff member's actions were reasonable and the plaintiffs complaint
was dismissed on summary judgment.

Lambros v. Hawk, D. Kan., No. 3035-RDR, USP Leavenworth
Motion for Summary Judgment granted against plaintiffs Biven's claim that he was denied
Brazilian law books translated into English for use in challenging his arrest and conviction.

PENDING CASES OF INTEREST
Clemmons v. Pitzer, W.D.Wisc., No. 98-C-0049-C, FC) Oxford
Petitioner argues the State of Ohio waived primary jurisdiction when it allowed the plaintifTto
remain in federal custody pursuant to a writ.

LangerndorfSupply v. Safeco Insurance, S.D.III., No. 3:98-CV-I02, USP Marion
An excavating company named Korte-Luitjohn~ had a contract with USP Marion to work on
sewage treatment plant. Safeco Insurance was surety of Korte-Luitjohn. A subcontractor of
Korte-Luitjohn allegedly failed to pay Langerndorf for materials and now Langemdorf is suing
Safeco as the surety of Korte-Lui~ohn. A former project manager in the facilities department has
been served as a defendant.

Massey v. Helman, C.D. Ill., Case No. 97-1401, FCI Pekin
Represented inmate-plaintiff seeks class certification concerning medical care at FCI Pekin.
Plaintiff alleges he was denied surgery for hernia after physician suggested it. Central theme is
that FCI physician recommended treatment which was delayed or denied by administration.
Plaintiff has obtained a court order to access inmate medical records of non-parties. This case
may have an impact current BOP medical treatment classification of medically mandatory.
medically necessary and medically acceptable but not necessary. While the court has pennitted
some initial discovery ~ a dispositive motion on qualified immunity grounds is being prepared.

RELIGIOUS FREEDOM RESTORATION ACT CASES
Patel v. USA, D.Colo., No. 96-M-0286, FCI Florence
Inmate alleges he is entitled to Hindu diet that cannot be accommodated with common fare.
Court has appointed private counsel for the inmate and denied staff qualified immunity. Staff
have sought private counsel to fight validity of RFRA.
Houston v. USA, D. Minn., No. FCI Sandstone
inmate was placed in administrative detention and transferred after he made offensive and
inflammatory remarks on the compoUnd about Caucasians. The inmate claims the speech was
religious in nature and protected by the First Amendment and RFRA. Each defendant was
provided outside counsel. U.S. Attorney's Office worked with NCRO to find outside counsel for
defendants.

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
Temporary Closing of ADX Florence and USP Marion Sweat Lodges.
Operation of the ADX Florence and USP Marion sweat lodges was temporarily suspended after
staff discovered that gang-activities were being conducted in the sweat 104ges. Staff also
received infonnation that weapons were being constructed in the sweat lodges by certain
inmates. In response to this information~ ADX Florence and USP Marion Wardens requested the
sweat lodges be closed until these security concerns could be addressed.

HEARINGS AND TRIALS
·Jones v. Simek, N.D. III., No. 94-C-I097, MCC Chicago
Inmate alleged he was subjected to the excessive use of force during a lockdowo. Outside
counsel has represented staff against allegations during trial held on March 12 through 19. 1998.
No ruling was made at trial.

UPCOMING HEARINGS OR TRIALS
CRIMINAL MATTERS
U.S. v. Fountain, C.D.III., No. 97-10070, FCI Pekin
Traffic in Contraband charge. The defendant is awaiting sentencing for another crime in the N.D.
of Iowa.
U.S. v. Niles, C.D.III., No. 97-10069, FCI Pekin
Aggravated Assault on a Correctional Officer. The defendant pled guilty on March 19. 1998.
and will be sentenced in May.

u.s. Young, C.D.I1I., No. 97-10068, FCI Pekin
U.S. v. Beltran, C.D. III., No. 97-10071, FCI Pekin
U.S. v. Ryan, C.D. III., No. 97-10072, FCI Pekin
All Traffic in Contraband cases. While both Young and Beltran have pled guilty, Ryan has not,
but is expected to enter a guilty plea this month.
U.S. v. Williams, S.D. III., No. 98-40001-JPG, USP Marion
Inmate is charged with Assaulting Another Inmate with A Dangerous Weapon. A pre-trial
hearing was held on March 19, 1998, and trial is set for April 6, 1998.
U.S. v. Richard Bernard, D. Colo., No. 98-CR-0066-WM, FCI Florence
Inmate found with a shank in pocket when shaken down on way out to recreation. Inmate
charged in one count information with possession of contraband. Initial appearance,
arraignment, and advisement were held March 12, 1998 in ADX Courtroom. Inmate pleaded not
guilty. Trial set for May 11 ~ 1998. Inmate expected to change plea to guilty on April 15, 1998.
, U.S. v. Kevin Everhart, D. Colo., No. 98-CR- ,USP Florence
Inmate, with another inmate~ assaulted a third inmate with weapons. Pleaded guilty to
possession of contraband~ to wit- a "shank," and received sentence of six months, consecutive to
current term. Initial appearance~ plea of guilty and immediate sentencing by Magistrate' Borchers
at ADX Courtroom on March 12. 1998.
u.S. v. Mike Flanagan, D. Colo., No. 96-CR-0357-M, USP Florence
After jury trial, the defendant was acquitted of the murder of inmate Michael Brown at USP
, Florence in December 1994. Two inmates pleaded guilty and testified against Flanagan.
However, the jury acquitted on the murder and conspiracy charges.
U.S. v. Christopher Gibson, D. Colo., No. 98-CR-0099, ADX Florence
Inmate, with two other inmates. assaulted inmate Nevergall on recreation yard at ADX. Charged
in a two count information of violating 18 USC 113(a)(4), by striking with fists (count one) and
kicking (count two). Arraignment.. advisement . and initial appearance on March 12. 1998.
u.S. v. Rafael Gonzales-Munoz, D.Colo., No. 98-CR-OIOO, ADX Florence
Inmate.. with two other inmates.. assaulted inmate Nevergall on recreation yard at ADX. Charged
in one count information of assault in violation of 18 USC 11(a)(4). Initial advisement in ADX
Courtroom on March 12. 1998.
u.s. v. Manuel Jackson, D. Colo., No. 98-CR-0097, ADX Florence
Inmate, with two other inmates assaulted inmate Nevergall on recreation yard. Also assaulted
AW after removed from recreation yard. Charged in two count information with assault on
inmate (18 USC 113(a)(4») and assault on staff(18 USC 111(a)(I». Initial appearance.
arraignment and advisement on March 12. 1998.
u.S. v. Larry Morris, D. Colo., No. 97-CR- ,FCI Florence
Inmate murder in UNICOR in December of 1997. Inmate set for sentencing on volunlar)

manslaughter gUilty plea April 6, 1998.

u.s. v. Christopher Simmonds, D. Colo., No. 98-CR-0098, ADX Florence
Inmate assaulted two staff members at ADX. Charged in two count information with violation
of 18 USC 111 (a)( 1). Initial appearance, arraignment and advisement held March 12.. 1998.

u.s. v. Irwin Stern, D. Colo., No. 98-CR-

,USP Florence
Inmate, with another inmate . assaulted a third inmate with weapons. Pleaded guilty to
possession of contraband, and received sentence of six months to be served consecutive to
current term. Initial appearance, plea of guilty, and immediate sentencing by Magistrate
Borchers at ADX on March 12, 1998.
"

PERSONNEL ISSUES
*Janet Winebrenner recently was named NCRO Employee of the Quarter. We appreciate all of
Janet's hard work and congratulate her on her award.
*With the retirement of Gary Roberts, NCRO Legal has restructured its operations.
Bill Whitcomb and Gwen Robinson are now under the supervision of Dan Eckhart. Gwen had
almost exclusive oversight of FTCA claims and will now become more involved in other matters
such as litigation and FOIA. LeeAnn Tufte has taken over responsibility for the administration of
FOIA until selections are made for the NCRO Legal FOIA positions.
*NCRO has made an offer of employment to a first-year University of Missouri~ Kansas City ~
law student. At this time the student has not accepted the offer.

STAFF TRAVEL AND LEAVE

John

None Scheduled

Daryl

AlL-I 0

Dan

A/L-9

Gwen

AlL-I7~28 .

Vince

None Scheduled

LeeAnn

AlL-I 3

'Bill

AlL-1 0

29

.... ~,

Janet

AIL-tO

.

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
May 7, 1998
MEMORANDUM FOR WALLACE H. CHENEY. ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW. Regional Counsel

SUBJECT:

MONTHLY RepORT (April, 1998)

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

NUM - Number of total lawsuits filed 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
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)

We closed a significant number of cases inthe LMS this month and are in the
conducting an audit of all cases considered "open" by NCR institutions.

procn~

of

ADMINISTRATIVE CLAIMS:
JAN
61

FEB
50

MAR
66

APR
81

MAY

JUN

Total for Calendar Year 258
Pending 392*
*NCRO Tort Files were audited in April 1998.

JUL

AUG

SEP

OCT

~(

)\'

DEC

o

ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

APR

184

170

210

198

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 759

FREEDOM OF INFORMATION ACT/PRIV ACY ACT REQUESTS

FOIA
ACTUAL ON-HAND
ACTUAL RECEIVE D
ACTUAL PROCESSED
ACTUAL BACKLOG

6

PRIVACY ACT
52

88

13
7
1

67

5

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOJ.
ADVERSE DECISIONS
None.
SETTLEMENTS OR JUDGMENTS
None.
DECISIONS OF INTEREST
Saleem v. Helman et al., C.D.III., Case No. 96-1500, FCI Pekin
Inmate alleged removal from work assignment was in retaliation for exercising his first
amendment rights. Court found removal was for safety and security reasons. Case dismissed on
summary judgment.

PENDING CASES OF INTEREST
Massey v. Helman, C.D.III., Case No. 97-1401, FCI Pekin.
Dr. Otten, the former Clinical Director for FCI Pekin has attempted to become a plaintitl in a
suit filed by several inmates alleging inadequate medical care. Otten claims he was fin.-d in

.
retaliation for helping the inmates with the suit. A motion to dismiss has been filed arguing that
Otten is barred from suing under Bivens as the Civil Service Reform Act provides his sole
avenue for relief.

Antonelli v. Hurley, 7th Cir., No. 96-C-9, FCI Oxford
Due process rights allegedly violated during DHO hearing. District court dismissed for failure to
exhaust administrative remedies and also found some evidence to support DHO's finding of
guilt.
Houston v. Keohane, W.D.Mo., No. 97-3240, USMCFP Springfield
In March, the district court found that the BOP should determine if a liver transplant is necessary
to save the plaintiffs life and/or assess whether medical furlough or compassionate release is
appropriate. The plaintiff submitted a request for a compassionate release and arrangements have
been made to have his medical condition evaluated at the University of Washington, in St. Louis.
Missouri.
.

RELIGIOUS FREEDOM RESTORATION ACT CASES
Patel v. USA, D.Colo., No. 96-M-0286, FCI Florence
Inmate alleges he is entitled to Hindu diet that cannot be accommodated with common fare.
Court has appointed private counsel for the inmate and denied staff qualified immunity. Staff
have sought private counsel to fight validity ofRFRA. Plaintiff is now willing to settle case if the
BOP expunges an incident report he received for Assault.
Tolley v~ Pugh, D. Colo., No. 97-N-0793, FCI Florence
Inmate alleges he needs an separate outdoor area to practice Odinism. A motion has been filed
for class certification. appointment of counsel and the addition of several inmate-plaintifTs.
Houston v. USA, D. Minn., No., FCI Sandstone
Inmate was placed in administrative detention and transferred after he made offensive and
inflammatory remarks on the compound about Caucasians. The inmate claims the speech was
religious in nature and protected by the First Amendment and RFRA. The original attorney
recommended by the U.S. Attorney's Office to represent the defendants could not take the case
because of a conflict of interest. Another attorney in his firm has taken over the representation.

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
Patrick Freil, FTCA # 97-680, lJSMCFP Springfield
Inmate Freil was a quadriplegic who died of septicemia on Novernber 10. 1995 at lJSMCFP
Springfield. As a result of his death. his daughter is seeking damages of two-million dollars for
emotional distress. medical negligence and medical malpractice. The claimant alleges that BOP

staff breached their duty to recognize clinical manifestations of the infection that led to the
inmate's death.
HEARINGS AND TRIALS
U.S. v. Williams, No. 98-40001-JPG, S.D. III., USP Marion
Inmate charged with assaulting another inmates with a dangerous weapon, with intent to do
bodily harm. At trial, a jury found the defendant not guilty.
Jones v. Simek, N.D.III., 94-C-I097
Inmate alleges staff used excessive force to subdue him. After a jury trial held March 12-19,
1998, a verdict was returned in favor' of all BOP defendants. Mary Benning did a great job
second-chairing this case.

UPCOMING HEARINGS OR TRIALS
None.
CRIMINAL MATTERS
U.S. v~ Petty, C.D.III., No. 98-10027, FCI Pekin
Inmate charged with Possession of Marijuana. Arraignment set for May I, 1998.
U.S. v. Payne, C.D.III., No. 98-10028, FCI Pekin
Inmate charged with Assaulting/Resisting Officers or Employees. Inmate assaulted staff as he
attempted to hide drug paraphernalia. Arraignment set for May 14, 1998.
U.S. v. Larkin, C.D.III., No. 98-10026, FCI Pekin
Inmate charged with Possession of Marijuana and will be arraigned on May 14. 1998.
U.S. v. Gonzales -Munoz, D.Colo., 98-CR-OI00, FCI Florence
Inmate pled guilty to Assault and received two consecutive 6 month sentences.
U.S. v. Morris, D.Colo., 97-CR-, FCI Florence
Inmate sentenced to 102 months for Involuntary Manslaughter on April 6. 1998.
U.S. v. Bernard, D.Colo., 98-CR-0066-WM, FCI Florence
Inmate pled guilty to Possession or Contraband and received a 6 month sentence.
PERSONNEL ISSUES

*

Vince Shaw recently found out he passed the Ohio Bar Exam. Great news Vince!

*
FCI Greenville Paralegal Specialist Stan Butterfield was named Employee or the Month.
Congratulations Stan.

*

Lee Anne Tufte, Paralegal Trainee, was appointed to the FOIA Coordinator position in
the North Central Regional Counsel's Office. Welcome to K.C. Lee Anne.

*

Bill Whitcomb. a former employee of the DOJ Community Relations Service who was
assigned to NCRO Legal as a Correctional Programs Specialist, will be returning to his old
agency on 5/11/98.

*

Janet Winebrenner was selected for the FOIA Technician position in the North Central
Regional Counsel's Office. Janet was also recently selected as the NCRO Employee of the
Quarter!
STAFF TRAVEL AND LEAVE
John

None Scheduled

Daryl

DHO Training 11-15

Dan

AlL-21

Gwen

None Scheduled

Vince
LeeAnne

Administrative Leave 11-12
Military Leave 4-15

Bill

Last Day with BOP 5/8/98

Janet

None Scheduled

..

..
u.s. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
June 9, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (May, 1998)

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

NUM - Number of total lawsuits filed 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
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)

*Number of open cases on LMS.
ADMINISTRATIVE CLAIMS:
JAN
61

FEB
50

MAR
66

APR
81

MAY
56

Total for Calendar Year 259
Pending 410

JUN

JUL

AUG

SEP

OCT

NOV

DEC

..
ADMINISTRATIVE REMEDIES
JAN
184

FEB
170

MAR
210

APR
198

MAY JUN
249

JUL

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 1011.

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

ACTUAL ON-HAND
ACTUAL RECEIVE D
ACTUAL PROCESSED
ACTUAL BACKLOG

FOIA
30
28
48
13

PRIVACY ACT
4
3
3
3

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOJ.
ADVERSE DECISIONS
None.
SETTLEMENTS OR JUDGMENTS
None.
DECISIONS OF INTEREST

-(

Carter v. Booker, 1988 WL 220454, D.Kan., USP Leavenworth
Court found that the unlawful manufacture ofa firearm in violation of26 U.S.C. 5822 was a
crime of violence for the purposes of 18 U.S.c. 3621 (e)(2)(B).

~

Grakia v. Moat, Civil No. 98-1006, C.D.III., FCI Pekin
Inmate's Bivens suit dismissed for failure to exhaust administrative remedies. Court found
exhaustion requirement in 42 U.S.C. I 997e (a) to be applicable to Bivens as well as 42 U.S.c.
1983 actions.

,

Ping v. Raleigh, Civil No.97-1301, D. Minn., FCI Sandstone
Inmate had alleged his first amendment rights were violated when he was precluded from
receiving play-by-mail games from outside sources. Defendants responded that prohibition was
-{ necessary because play-by-mail games allowed for the possibility of coded messages to he sent
I\ to other inmates through third-parties. Additionally. games that did not present any identifiable
danger to institution security were readily available from the institution recreation department.
Magistrate's Report and Recommendation sided with the BOP on security grounds and granted
qualified immunity to each of the defendants. The District Court also found the BOP's security

.
arguments to be compelling and adopted the Report and Recommendation.
PENDING CASES OF INTEREST
Washington v. Hedrick, Civil No. 97-941-JPG, S.D.III., USP Marion
Inmate was denied nine months credit for time spent in state jail awaiting sentence because state
JNC indicated inmate was to receive a sentence of "time served. II Because the maximum penalty
) '. the inmate could have received for the state charge was thirty days, he is asking the court to give
him eight months jail credit.
Bustillo v. Hawk. et al., Civil No. 95-WM-2242, D. Colo., ADX Florence
In response to the mandate from the 10th Circuit reported last month In re Bustillo. lOth Cir. No.
98-1079. District Judge Walker Miller issued an order dated 517198 ruling on various pending
issues. finding that (1 ) Director Hawk has sufficient contacts with the forum state to sustain
personal jurisdiction. rejecting the R&R with leave to refile (which we are in the process of
doing). (2) dismissing all claims in the official capacities. (3) dismissing Dr. Stratman. (4)
condensing the remaining claims from 36 to 5 - retaliation for exercising I, st Amendment rights in
the inmate grievance system. cruel and unusual punishment under the 8th Amendment. taking
property without due process. denial of 5th Amendment due process rights in the grievance
process; and denial of equal protection by denial of access to the law library. Court directed a
response be provided to the various motions for preliminary relief.
Houston v. Keohane, W.D.Mo., No. 97-3240, USMCFP Springfield
In March. the district court found that the BOP should determine if a liver transplant is necessary
to save the plaintiff's life and/or assess whether medical furlough or compassionate release is
appropriate. Per policy. the inmate was referred to the Washington University (St. Louis)
Medical Center. While the evaluation is not complete. it appears that the inmate may be a
suitable candidate for inclusion in the medical center's liver transplant program.
REblGIOUS FREEDOM RESTORATION ACT CASES
Patel v. USA. et al., Civil No. 96-M-0286, D. Col.',FCI Florence)
Pending order from district court on how to proceed in this matter returned to district court on
issues of whether common fare meets the religious requirements for Hindu inmates. Private
counsel appointed to represent the four individual defendants who remain. Plaintiff has made a
settlement offer. He is willing to drop matter if we expunge an incident report he received for
assault at FTW. NCRO is still evaluating the offer.
./---

------.......

//~I]

)

C...."

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST

None.
HEARINGS AND TRIALS
U.S. v. Smith, D. Minn. Case No. 98-927~ FMC Rochester

.
t 8 USC 4245 hearing. Inmate committed per court order.

u.s. v. Sandoval, N.D. III, criminal matter, FMC Rochester
Offender was referred to FMC prior to sentencing. In light of defendant's medical condition.
sentencing was accomplished via video conferencing from the Mayo Clinic. FMC staff attorney
coordinated the video conference.
UPCOMING HEARINGS OR TRIALS
U.S. v. Steven Mills, Crim. No., D.Col., USP

Flore~ce

This civil rights trial involving former counselor at USP Florence postponed from April 27 to
June 29.
Duarte v Cooksey, Civil No. 95-069-GPM, S.D. III., USP Marion

Trial was set for June 2. 1998 before U.S. District Court Judge Gilbert and is now postponed
indefinitely. The defendant has alleged that staff retaliated against him by issuing false incident
reports and refusing to mail his legal documents.
Bernal v. Black & Lewis, Case No. 96-1209, CD III., FCI Pekin

. Plaintiff alleges two staff initiated disciplinary action him in retaliation for complaining about
conditions at commissary. Trial scheduled to begin Monday. June 22, t 998 in Peoria.
CRIMINAL MATTERS
U.S. v. Petty, No. 98-10027, C.D.III., FC) Pekin

Inmate charged with Possession of Marijuana. Motions hearing scheduled for July 1. 1998 at
·11:30 am.
u.S. v. Payne, No. 98-10028, C.D. III., FC) Pekin

Inmate charged with Assaulting/Resisting Officers or Employees. Motions hearing scheduled for
June 26, 1998 at 9:30 am.
u.S. v. Larkin, No. 98-10026, C.D. III., FC) Pekin

Inmate charged with Possession of Marijuana.. Motions hearing scheduled for June 26. 1998 at
1:30 pm ..

U.S. v. Christopher Simmonds, No. 98-CR-0098, D. Col., ADX Florence

Inmate assaulted two stafT members at ADX. Charged in two count information with violation
of 18 USC 111 (a)( 1). Appointed Counsel and AUSA changed. Inmate refused otTer of 1\\0
misdemeanors. thus. AUSA George Gill indicted inmate on felony assault of a correctional
officer.
.
FMC Rochester

..
On May 6. 1998. an indictment was returned on Eric Reichenbach. He
was indicated for Assault on a Federal Officer stemming from his assault on Dr. Tucker Johnson.
Chief of Psychiatry. on October 29. 1997.

PERSONNEL ISSUES

Lisa McKnight started working at the NCRO as a legal intern this month. Lisa is entering her
second-year at UMKC law school and has a four-year paralegal degree. She will be working
full-time with the BOP this summer.
STAFF TRAVEL AND LEAVE

John

None scheduled

Daryl

FPC Yankton
AIL
FCI Pekin
USP Marion

Dan

June 3-4
June 19
June 22
June 24
None scheduled

Gwen

June 12 & 15

AIL

Vince
LeeAnn

None scheduled
None scheduled

Janet

June 6-15

Lisa

None scheduled

AIL

u.s. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel

(

Kansas City, KS 66101
July 8, 1998

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

JOHN R. SHAW, Regional Counsel

. SUBJECT:

~ORT (June, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

inst

nurn

hc

ftc

biv

oth

ans

pen

cld

hit

set

awd

NCR

32

19

2

9

9

22

389

16

20

0

0

OCT

NOV

NUM .. Number of total lawsuits flied In the month (1)
Number of habeas corpus actions flied In the reporting pertod
FTC .. Number of FTCA actio". filed
BIY .. Number of Bivens actions flied
OTH .. Number of other actions flied, e.9., mental health, mandamus
ANS .. Number of litigation reports completed
PEN .. Number of cases pending
CLO .. Number of cases closed
HIT.. Number of heartngs or trials (Include In narrative)
SET .. Number of settlements (Include In narrative)
AWD .. Number of Awards (include In narrative)

He ..

*Number of open cases on LMS.
ADMINISTRATIVE CLAIMS:

JAN

FEB

MAR APR

MAY JUN

61

50

66

56

81

74

Total for Calendar Year 388
Pending 301

(

2632

'JUL

AUG

SEP

DEC

ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

APR

MAY JUN

184

170

210

198

249

JUL

AUG

SEP

OCT

NOV

DEC

202

Total for Calendar Year 1213

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

FOIA

PRIVACY ACT

ACTUAL ON-HAND

31

8

ACTUAL RECEIVE D

62

11

ACTUAL PROCESSED

66

10

4

4

ACTUAL BACKLOG

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOJ.
ADVERSE DECISIONS .

(

Bustillo v. Hawk. et al., Civil No. 97.WM-44S, D. Col., FCI Florence

Magistrate Borchers issued a Memorandum Opinion and Order and noted that the case was
almost 2 years old and only defendant Hawk had been served. The Magistrate further alleged that
the BOP and Defendants "have undertaken every available step ... to stall prQgress in [the]
matter." Argwnent was made by AUSA that any release of information about an unserved
defendant would violate the Privacy Act and that if plaintiff needed to know location of these
unserved individuals that he could filed an FOIA request. Court disagreed in no uncertain terms
indicating that defendant Hawk would provide to the USMS addresses for service on individuals
who are defendants but no longer work at ADX. Court indicated that an FOIA Request for the
infonnation would be fruitless as BOP would not provide such information to an inmate
requestor [cited Sellers v. United States, 902 F.2d 598 (~Cir. 1990.] The Court advised that
addresses should be work address unless defendant(s) are no longer working for the BOP. If the
latter i~ the case, then the USMS is to be informed of the defendant's last known home address.
All addresses are to be safeguarded by the USMS. No addresses are to be provided to the
plaintiff concerning location of any defendant. Work addresses provided to the US~1S via the
AUSA.

2

2633

SETTLEMENTS OR JuDGMENTS

None.

(.

DECISIONS OF INTEREST

Dyksta v. BOP, Civil No. 97-3410, 140 F.3d 791, 8th Cir., USMCFP Springfield
An inmate with a ''youthful appearance" was assaulted by other inmates and sued for damages
under the Constitution and the FTCA. The inmate also alleged that the BOP failed to adequately
treat his post-traumatic stress disorder. The trial court's finding that the decision not to place the
inmate in protective custody was a discretionary function under the FTCA was upheld by the
Circuit Court. The Circuit Court also affmned the trial court's conclusion that prison staff were
not negligent in treating the inmate's post-traumatic stress disorder.
United States v, Ricketts and Jones, Case No. 97-3911 & 97-3434, 7th Cir., FCI Greenville
Court of Appeals affinned jury verdicts from October 1-995 disturbance.

U.S.A. v, Johnson, Crim. No. 96-CR-379-1, 1998 WL 321503, N.D.Ill.
Inmate sentenced to death argued that the BOP had several alternatives available which could
effectively curtail his future dangerousness, specifically placement at ADX Florence. Fonner
ADX Florence Associate Warden Vanyur testified that the inmate did not fit the profile for a
prisoner assigned to the ADX and he could instead be assigned to one of nine federal
penitentiaries where he would be in open population with several privileges. Though the inmate
characterized Warden Vanyur's testimony as distorted, the trial court decided not to vacate the
inmate's sentence of death.
'

C:.

PENDING CASES OF INTERESI
Martin Gordon y. I. Banks. et al., Civil No. 97-513-WDS, S.D. Ill., USP Marion
Plaintiffhad sued 38 staff members for various alleged constitutional violations including
excessive use of force, failure to protect, destruction of property, filing false charges. deliberate
indifference to medical care, and obstruction of access to court. The case is somewhat
problematic since the Office of Internal Affairs sustained charges of excessive force against one
of the defendants.
James Lewis y. Donald Romine. et ai, Civil No. 98-1427 P AMlJGL, D.Minn., FMC
Rochester, FeI Greenville, and Fel Sandstone
Inmate Lewis filed a Bivens action in the District of Minnesota wherein he alleges BOP
Defendants at'several institutions violated his 8th Amendment rights with regard to medical care.
Plaintiff seeks $1,000,000.00 in compensatory damages, punitive damages in an amount set by
the Court, and attorney's fees. Given the nature of the claims, FMC Rochester will be primarily
responsible for providing litigation assistance in this matter.
Sims v, Federal Bureau OfPriSODS. et al., Civil No. 98-1468, D.MinD, FCI Waseca
This case involves a petition for a writ of habeas corpus alleging that the Bureau of Prisons had
erroneously calculated his sentence by not aggregating his two sentences (PLRA and SR.·\). thus
3
2634

resulting in no Good Conduct Time (GCT) earned. Additional issues involve foreign jail credit
and date of offense. Petitioner fails to earn GCT for two reasons: 1) both sentences are less than
one year and 2) the Bureau of Prisons is not able to aggregate the two sentences due to the
incompatibility of the GCT applications of the SRA and the PLRA. The issue of aggregation for
PLRA and SRA sentences is ripe for a decision, however, this case will probable not reach that
level because petitioner failed to exhaust administrative remedies.
Perdomo-Pech v. Rehont, Civil No. 97-2588, D. Minn., FCI Sandstone
Bivens action wherein an inmate alleges that a staff dentist fired him illegally and discriminated
against him. The Warden is also alleged to be responsible for ratifying the dentist's decision. A
favorable R&R was issued in this matter and we are awaiting adoption by the District Court
Judge.

(

Joseph L. Davis 'v. Seiter. et al., Civil No. 96-3316-KHV, D. Kan., USP Leavenworth
On June 30, 1998, Judge Kathryn Vratil, granted in part and denied in part Defendant's Motion
to Dismiss or Alternatively For Summary Judgment which was filed on July 24, 1997. This is
one of the remaining LVN cases where the plaintiff alleges he was assaulted by staff after he was
transferred from Greenville to LVN in October 1995. The motion is granted as (1) plaintifr s
claim against defendants in their official capacities; (2) plaintiff's claim against defendants for
verbal abuse; (3) plaintiff's claim for excessive use of force against defendants True, Greenfield,
Johns and Perdue; (4) plaintiff's claim for deliberate indifference against defendant Moore for
denying him his eyeglasses; and (5) plaintiff's claim against John Doe, Food Administrator. The
motion is denied as to (1) plaintiff's Fifth Amendment claim; (2) plaintiff's claim against Moore
for excessive force; (3) plaintiff's claim for supervisory liability against True and Greenfield; (4)
plaintiff's claim for excessive force against John Doe officers; (5) plaintiff's claims for failure to
intervene; (6) plaintiff's conditions of confmement claim; and (7) defendant's motion to dismiss
based on qualified immunity or for lack of service. '
Blanche Dyer y. V,S.A., Case No.4-91-CV-70077, S·,D. Iowa, 96-1506, Eighth Circuit
97-CV-4194, N.D.m., MCC Chicago
An inmate who was at MCC Chicago for two weeks in 1989 filed a tort claim with the U.S.M.
regarding her medical treatment as a pre-trial inmate. Iowa court granted summary judgement for
the government, but Court of Appeals reversed, remanding to N.D. Illinois. Case will now focus
on the treatment plaintiff received from Bureau of Prisons. Depositions are set to begin in July.
3621 Cel LjtilatioD

Several 3621(e) petitions have been filed in the Districts of South Dako~ Minnesota. Colorado
and Illinois arguing for early release under Martin v, Gerlinski, Fristoe v, Thompson. and Bush v
~. The vast majority of these petitioners was classified under the CateiorizatioD of Offenses
proglam statement and we are taking the position that the above-cited circuit cases are
inapplicable. No published judicial decisions have been made in the NeRO regarding the
validity of "director's discretion offenses" however. With no legal staff on site at FCI \l/aseca.
FPC Duluth, FPC Yankton, FCI Oxford, and FCI Englewood; several of these cases are being
handled by NCRO Legal staff. NCRO staff will also be picking up FCI Greenville in lateAugust.
4

2635

I

RELIGIOUS FREEDOM RESTORATION ACT CASES
(

Houston v. Brooks, Civil No. 97-2081, D. Minn., FCI Sandstone
Private counsel is in the process of interviewing various staff members regarding their actions in
this case. The defendant claims his rights under RPRA were violated when he was placed in
administrative detention for making inflammatory remarks about Caucasians.
McCain v. Knowles, Case No. 97-B-127, D.Col., USP Florence
USP environmental tobacco smoke (ETS) case. Response date set for original two defendants for
June 8, 1998. Plaintiff filed amended complaint adding seven other defendants.
Crowder v. Whalen. et al., Civil No. 9S-M-1S79, D. Colo., USP Florence
On 6/11 received plaintiffs motion for ADR. He seeks to have the court order mediation on
various allegations, including physical therapy available to wheelchair bound inmates,
wheelchair ramps at USP Florence, number of handicap-accessible cells at USP Florence, and the
availability of a special van to transport wheelchair bound inmates.
ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
None.

HEARINGS AND TRIALS

(

u.s. v. PaJlI,

98-990 MJD/AJB, D. Minn., FMC Rochester
On June 11, 1998, a hearing was held to detennine whether inmate Peter Paul should be
committed for mental health treatment pursuant to 18 U.S.C. § 4245. On June 22, 1998,
Magistrate Judge Boylan issued an R&R recommending that the petition be granted. An Order
has not yet been received.
U.S. v.George Cbajne, 98-1342 RIIKIJMM, FMC Rochester
On June 25, 1998, a hearing was held to detennine whether inmate Peter Paul should be
committed for mental health treatment pursuant to 18 U.S.C. § 4246. Neither an R&R nor an
Order have been received as of this date.
4245 and 4246 Hearinls
USMCFP Springfield had four 18 U.S.C. § 4245 hearings and four 18 U.S.C. § 4246 hearings
this month.

UPCOMING HEARINGS OR TRIALS
None.

(

5
2636

CRIMINAL MATTERS

(

U.S. v. Riddle and Black, Crim. No. 98-CR-196-S, O. Colo., USP Florence
Two inmates indicted for assault on inmate, murder of inmate, possession of a weapon,
attempted assault on staff for 1/16/96 homicide at USP Florence. The Department of Justice has
authorized the death penalty in this case. AUSA has filed protective order since many sensitive
documents will need to be disclosed to opposing counsel during discovery. NCRO Legal,
oflntemal Affairs are in process of
Florence Legal, Litigation Branch (Criminal) and
providing Giglio materials on the 29 staff witnesses.

U.S. v. Steven Mills, Crim. No., O.Col., USP Florence
This civil rights trial involving former counselor at USP Florence was held at the end of this
month and the jury returned a guilty verdict against Mr. Mills. Mr. Mills was found to have
violated 2 U.S.C. § 242, Deprivation of Rights Under Color of Law for assaulting an inmate
while the inmate was handcuffed.
.
U.S. v. Beltrap, Crim. No. , CD. III., FCI Pekin
After the inmate notified the judge that it was the BOP's fault that he was allowed to possess
heroin in the instirution, the judge imposed a 31 month sentence for the offense.

(

U.S. v. Miller, Crim. No. 98-10046, CO.III., FCI Pekin
Possession with intent to distribute heroin. Inmate Miller was indicted on June 19, 1998, and
pled not guilty to these charges at his initial arraignment on June 25, 1998. The final pre-trial
hearing is scheduled for July 24, 1998 at 4:30 pm and the trial, if necessary, is scheduled for
August 3, 1998.
U.S. v. Smith, Crim. No. 98-10045, CD.III., FCI Pekin
. Possession of marijuana. Inmate Smith was indicted on June 19, 1998, and pled not guilty to
these charges at his initial arraignment on June 25, 1998. The final pretrial hearing is scheduled
for July 24,1998 at 2:30 pm and the trial, if necessary, is scheduled for August 3,1998.
U.S. v. ¥oune, Crim. No. 97-10068, CD.III., FCI Pekin
Inmate pled guilty to charges stemming from February 1998 indictment and was sentence to an
additional 10 months, consecutive to his current term. The Sentencing Guidelines indicated a
range of 6 to 12 months for his charges.
U.S. v. Payne, Crim. No.98-10028, CD. III., FCI Pekin
Assault on a Federal Officer. The final pretrial hearing was held on June 26, 1998 at which time
the defendant requested that the A USA drop the second assault charge contained in the
indictment. The AUSA agreed to do so, but only if the defendant waived his appeal rights on the
first charge. The defendant requested a continuance to consider the matter. The maner is set for
hearing on July 10, 1998.

6

2637

u.s. v. Larkin, Crim. No. 98-10026, C.D.I1I., FCI Pekin
Possession of Marijuana. The final pretrial hearing was held on June 26, 1998 at which time the
defendant changed his plea to guilty.

u.s. v. Battle, Crim. No., D. Kan., USP Leavenworth
Inmate, Glendell Battle, Reg. No. 29303-048, was indicted in the District of Kansas for a
violation of 18 U.S.C. 1791(a)(2) (knowingly and intentionally making, possessing, and
obtaining a prohibited object, namely a homemade knife intended to be used as a weapon) in
connection with an offense which occurred on or about January 22, 1997 at USP Leavenworth.

u.s. v. Velasquez, Crim. No. , D. Kan., USP Leavenworth
Inmate, Benjamin Velasquez, Reg. No. 80962-012, was indicted on three counts in the District of
Kansas for a violations of the following statutes: possessing a prohibited object, (2.6 grams of a
substance containing heroin), 18 U.S.C. § 1791(a)(2), 1791(b)(1) and 2; attempted to introduce a
prohibited object into the USP, (2.6 grams of a substance containing heroin that was delivered to
him while he was an inmate at USP Leavenworth), 18 U.S.C. § 1791(a)(I), 1791(b)(I) and § 2;
and did knowingly and intentionally possess with the intent to distribute 2.6 grams of a substance
containing heroin in violation of21 U.S.C. §§ 841 (a)(I) and 841 (b)(l)(C) and 18 U.S.C. § 2.
This indictment is in connection with an offense that occurred on or about November 5, 1995.
PERSONNEL ISSUES
Beth Cole started working at the NCRO as a paralegal trainee this month. Beth comes from the
FPC Pensacola She had worked at the U.S. Attorney's Office prior to joining the BOP.

('

Francis Dent, a recent graduate of the BOP Paralegal program at MSTC Aurora, will be
undertaking an increased role in defending against litigation filed by FCI Englewood inmates .
. NCRO Paralegal Specialist Gwn Robinson will be assisting Ms. Dent with the FCI Englewood
cases.

STAFFTRAYELAND LEAYE
John

AIL

Daryl

July 27-31
July 7-10

Dan
Gwen
Vince
LeeAnn
Janet

July 27-31
None scheduled
None scheduled
None scheduled
July 10 & 13
N one scheduled

Lisa

None scheduled

Beth

July 6-20

July 3 &6
National Legal Training
USPO/Judge's Conference
Iowa and Nebraska
National Legal Training

AIL

Paralegal Training
MSTC
7

2638

..

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 66101
July 8, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHL Y REPORT (June, 1998)

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS
. LITIGATION:

NUM - Number of total lawsuits filed 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
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)

*Number of open cases on LMS.
ADMINISTRATIVE CLAIMS:
JAN
61

FEB
50

MAR
66

APR
81

MAY
56

Total for Calendar Year 388
Pending 302

JUN
74

JUL

AUG

SEP

OCT

]\;()V

DEC

..

ADMINISTRATIVE REMEDIES
JAN
184

FEB
170

MAR
210

APR
198

MAY
249

JUN
202

JUL

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 1213

FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS

ACTUAL ON-HAND
ACTUAL RECEIVE 0
ACTUAL PROCESSED
ACTUAL BACKLOG

FOIA
31
62
66
4

PRIVACY ACT
8

11
10
4

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOl'

ADVERSE DECISIONS
Bustillo v. Hawk. et al., Civil No. 97-WM-445, D. Col., FCI Florence
Magistrate Borchers issued a Memorandum Opinion and Order and noted that the case was
almost 2 years old and only defendant Hawk had been served. The Magistrate further alleged that
the BOP and Defendants "have undertaken every available step ... to stall progress in Ithe]
matter." Argument was made by AUSA that any release ofinformation about an unserved
defendant would violate the Privacy Act and that if plaintiff needed to know location of these
unserved individuals that he could filed an FOIA request. Court disagreed in no uncertain terms
indicating that defendant Hawk would provide to the USMS addresses for service on individuals
who are defendants but no longer work at ADX. Court indicated that an FOIA Request for the
information would be fruitless as BOP would not provide such information to an inmate
requestor [cited Sellers v. United States. 902 F.2d 598 (7lh Cir. 1990.] The Court advised that
addresses should be work address unless defendant(s) are no longer working for the BOP. If the
latter is the case, then the USMS is to be informed of the defendant's last known home address.
All addresses are·to be safeguarded by the USMS. No addresses are to be provided to the
plaintiff concerning location of any defendant. Work addresses provided to the USMS \ ia the
AUSA.
'

SETTLEMENTS OR JUDGMENTS
None.

DECISIONS OF INTEREST

..
Dyksta v. BOP, Civil No. 97-3410,140 F.3d 791, 8th Cir., USMCFP Springfield
An inmate with a "youthful appearance" was assaulted by other inmates and sued for damages
under the Constitution and the FTCA. The inmate also alleged that the BOP failed to adequately
treat his post-traumatic stress disorder. The trial court's finding that the decision not to place the
inmate in protective custody was a discretionary function under the FTCA was upheld by the
Circuit Court. The Circuit Court also affirmed the trial court's conclusion that prison staff were
not negligent in treating the inmate's post-traumatic stress disorder.
United States v. Ricketts and Jones, Case No. 97-3911 & 97-3434, 7th Cir., FCI Greenville
Court of Appeals affirmed jury verdicts from October 1995 disturbance.
U.S.A. v. Johnson, Crim. No. 96-CR-379-1, 1998 WL 321503, N.D.Ill.
Inmate sentenced to death argued that the BOP had se,,:eral alternatives available which could
effectively curtail his future dangerousness, specifically placement at ADX Florence. Former
ADX Florence Associate Warden Vanyur testified that the inmate did not fit the profile for a
prisoner assigned to the ADX and he could instead be assigned to one of nine federal
penitentiaries where he would be in open population with several privileges. Though the inmate
characterized Warden Vanyur'.s testimony as distorted, the trial court decided not to vacate the
inmate's sentence of death.

PENDING CASES OF INTEREST
Martin Gordon v. T. Banks, et aI., Civil No. 97-513-WDS, S.D. Ill., USP Marion
Plaintiff had sued 38 staff members for various alleged constitutional violations including
excessive use of force, failure to protect destruction of property, filing false charges. ddiberate
indifference to medical care, and obstruction of access to court. The case is somewhat
problematic since the Office of Internal Affairs sustained charges of excessive force against one
of the defendants.
James Lewis v. Donald Romine. et ai, Civil No. 98-1427 PAM/JGL, D.Minn., FMC
Rochester, FCI Greenville, and FCI Sandstone
Inmate Lewis filed a Bivens action in the District of Minnesota wherein he alleges BOP
Defendants at several institutions violated his 8th Amendment rights with regard to medical care.
Plaintiff seeks $1,000.000.00 in compensatory damages. punitive damages in an amount set by
the Court, and attorney's fees. Given the nature of the claims, FMC Rochester will he primarily
responsible for providing litigation assistance in this matter.
Sims v. Federal Bureau of Prisons. et al., Civil No. 98-1468, D.Minn, FCI Waseca
This case involves a petition for a writ of habeas corpus alleging that the Bureau of Prisons had
erroneously calculated his sentence by not aggregating his two sentences (PLRA and SRA). thus
resulting in no Good Conduct Time (GCT) earned. Additional issues involve foreign jail credit
and date of offense. Petitioner fails to earn GCT for two reasons: I) both sentences are less than
one year and 2) the Bureau of Prisons is not able to aggregate the two sentences due to the
incompatibility of the GCT applications of the SRA and the PLRA. The issue of aggregation for
PLRA and SRA sentences is ripe for a decision, however. this case will probable not reach that

level because petitioner failed to exhaust administrative remedies.
Perdomo-Pech v. Rehorst, Civil No. 97-2588, D. Minn., FCI Sandstone
Bivens action wherein an inmate alleges that a staff dentist fired him illegally and discriminated
against him. The Warden is also alleged to be responsible for ratifying the dentist's decision. A
favorable R&R was issued in this matter and we are awaiting adoption by the District Court
Judge.
Joseph L. Davis v. Seiter, et al., Civil No. 96-3316-KHV, D. Kan., USP Leavenworth
On June 30, 1998, Judge Kathryn Vratil, granted in part and denied in part Defendant's Motion to
Dismiss or Alternatively For Summary Judgment which was filed on July 24, 1997. This is one
of the remaining LVN cases where the plaintiff alleges he was assaulted by staff after he was
transferred from Greenville to LVN in October 1995. The motion is granted as (l) plaintiffs
claim against defendants in their official capacities; (2) plaintiffs claim against defendants for
verbal abuse; (3) plaintiffs claim for excessive use of force against defendants True, Greenfield,
Johns and Perdue; (4) plaintiffs claim for deliberate indifference against defendant Moore for
denying him his eyeglasses; and (5) plaintiffs claim against John Doe, Food Administrator. The
motion is denied as to (1) plaintiffs Fifth Amendment claim; (2) plaintiffs claim against Moore
for excessive force~ (3) plaintiffs claim for supervisory liability against True and Greenfield; (4)
plaintiffs claim for excessive force against John Doe officers; (5) plaintiffs claims for failure to
intervene; (6) plaintiffs conditions of confinement claim; and (7) defendant's motion to dismiss
based on qualified immunity or for lack of service.
Blanche Dyer v. U.S.A., Case No.4-92-CV-70077, S.D. Iowa, 96-1506, Eighth Circuit
97-CV-4194, N.D.III., MCC Chicago
An inmate who was at MCC Chicago for two weeks in 1989 filed a tort claim with the U.S.M.
regarding her medical treatment as a pre-trial inmate. Iowa court granted summary .i udgement
for the government, but Court of Appeals reversed, remanding to N.D. Illinois. Case will now
focus on the treatment plaintiff received from Bureau of Prisons. Depositions are set to begin in
July.

3621(e) Litigation
Several 3621 (e) petitions have been filed in the Districts of South Dakota. Minnesota. Colorado
and Illinois arguing for early release under Martin v. Gerlinski. Fristoe v. Thompson. and Bush
v. Pitzer. The vast majority of these petitioners was classified under the Categorization of

Offenses program statement and we are taking the position that the above-cited circuit cases are
inapplicable. No published judicial decisions have been made in the NCRO regarding the
validity of "director's discretion offenses" however. With no legal staff on site at FCIWaseca,
. FPC Duluth, FPC Yankton, FCI Oxford, and FCIEnglewood; several of these cases are being
handled by NCRO Legal staff. NCRO staff will also be picking up FCI Greenville in
late-August.

RELIGIOUS FREEDOM RESTORATION ACT CASES
Houston v. Brooks, Civil No. 97-2081, D. Minn., FCI Sandstone
Private counsel is in the process of interviewing various staff members regarding their actions in
this case. The defendant claims his rights under RFRA were violated when he was placed in
administrative detention for making inflammatory remarks about Caucasians.

McCain v. Knowles, Case No. 97-B-127, D.Col., USP Florence
USP environmental tobacco smoke (ETS) case. Response date set for original two defendants f<?r
June 8, 1998. Plaintiff filed amended complaint adding seven other defendants.

Crowder v. Whalen, et aI., Civil No. 95-M-1579, D. Colo., USP Florence
On 6111 received plaintiffs motion for ADR. He seeks to have the court order mediation on
various allegations, including physical therapy available to wheelchair bound inmates,
wheelchair ramps at USP Florence, number of handicap-accessible cells at USP Florence, and the
availability of a special van to transport wheelchair bound inmates.

ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST
None.

HEARINGS AND TRIALS
u.S. v. Paul, 98-990 MJD/AJB, D. Minn., FMC Rochester
On June 11, 1998, a hearing was held to determine whether inmate Peter Paul should be
committed for mental health treatment pursuant to 18 U.S.C. § 4245. On June 22. 1998.
Magistrate Judge Boylan issued an R&R recommending that the petition be granted. An Order
has not yet been received.

u.S. v. George Chairse, 98-1342 RHKlJMM, FMC Rochester
On June 25, 1998, a hearing was held to determine whether inmate Peter Paul should be
committed for mental health treatment pursuant to 18 U.S.c. § 4246. Neither an R&R nor an
Order have been received as of this date.

4245 and 4246 Hearings
USMCFP Springfield had four 18 U.S.c. § 4245 hearings and four 18 U.S.c. § 4246 hearings
this month.

..

..
UPCOMING HEARINGS OR TRIALS
None.
CRIMINAL MATTERS
U.S. v. Riddle and B1ac~ Crim. No. 98-CR-196-S, D. Colo., USP Florence
Two inmates indicted for assault on inmate, murder of inmate, possession of a weapon,
attempted assault on staff for 1116/96 homicide at USP Florence. The Department of Justice has
authorized the death penalty in this case. AU SA has filed protective order since many sensitive
documents will need to be disclosed to opposing counsel during discovery. NCRO Legal,
Florence Legal, Litigation Branch (Criminal) and the Office oflnternal Affairs are in process of
providing Giglio materials on the 29 staff witnesses. Unfortunately, there are several staff who
have documents in either their Official Personnel File, Discipline File or OIA file which could be
used to impeach their testimony.
U.S. v. Steven Mills, Crim. No., O.Col., USP Florence
This civil rights trial involving former counselor at USP Florence was held at the end of this
. month and the jury returned a guilty verdict against Mr. Mills. Mr. Mills was found to have
violated 2 U.S.c. § 242, Deprivation of Rights Under Color of Law for assaulting an inmate
while the inmate was handcuffed.
U.S. v. Beltran, Crim. No. , C.O. III., FCI Pekin
After the inmate notified the judge that it was the BOP's fault that he was allowed to possess
heroin in the institution. the judge imposed a 31 month sentence for the offense.
U.S. v. Miller, Crim. No. 98-10046, C.O.IIl., FCI Pekin
Possession with intent to distribute heroin. Inmate Miller was indicted on June 19. 1998. and
pled not guilty to these charges at his initial arraignment on June 25. 1998. The final pre-trial
hearing is scheduled for July 24. 1998 at 4:30 pm and the trial, if necessary. is scheduled for
August 3. 1998.
U.S. v. Smith, Crim. No. 98-10045, C.O.IIl., FCI Pekin
Possession of marijuana. Inmate Smith was indicted on June 19, 1998. and pled not guilty to
these charges at his initial arraignment on June 25. 1998. The final pretrial hearing is scheduled
for July 24, 1998 at 2:30 pm and the trial. if necessary. is scheduled for August 3. 1998.

u.s. v. Young, Crim. No. 97-10068, C.O.IIl., FCI Pekin
Inmate pled guilty to charges stemming from February 1998 indictment and was sentence to an
additional 10 months. consecutive to his current term. The Sentencing Guidelines indicated a
range of 6 to 12 months for his charges.
U.S. v. Payne, Crim .. No.98-10028, C.O. III., FCIPekin

Assault on a Federal Officer. The final pretrial hearing was held on June 26, 1998 at which time
the defendant requested that the AU SA drop the second assault charge contained in the
indictment. The AU SA agreed to do so, but only if the defendant waived his appeal rights on the
first charge. The defendant requested a continuance to consider the matter. The matter is set for
hearing on July 10, 1998.

u.s. v. Larkin, Crim. No. 98-10026, C.D.IlI., FCI Pekin
Possession of Marijuana. The final pretrial hearing was held on June 26, 1998 at which time the
defendant changed his plea to guilty.

u.s. v. Battle, Crim. No. , D. Kan., USP Leavenworth
Inmate, Glendell Battle, Reg. No. 29303-048, was indicted in the District of Kansas for a
violation of 18 U.S.c. 1791(a)(2) (knowingly and intentionally making, possessing. and
obtaining a prohibited object, namely a homemade knife intended to be used as a weapon) in
connection with an offense which occurred on or about January 22, 1997 at USP Leavenworth.

u.s. v. Velasquez, Crim. No. , D. Kan., USP Leavenworth
Inmate, BenjamiQ Velasquez, Reg. No. 80962-012, was indicted on three counts in the District of
Kansas for a violations of the following statutes: possessing a prohibited object, (2.6 grams of a
substance containing heroin), 18 U.S.c. § 1791(a)(2), 1791(b)(l) and 2; attempted to introduce a
prohibited object into the USP, (2.6 grams of a substance containing heroin that was delivered to
him while he was an inmate at USP Leavenworth), 18 U.S.C. § 1791(a)(1), 1791(b)(I) and § 2;
and did knowingly and intentionally possess with the intent to distribute 2.6 grams of a substance
containing heroin in violation of21 U.S.c. §§ 841 (a)(I) and 841 (b)(l)(C) and 18 U:S.c. § 2.
This indictment is in connection with an offense that occurred on or about November 5. 1995.

PERSONNEL ISSUES
Beth Cole started working at the NCRO as a paralegal trainee this month. Beth comes from the
FPC Pensacola. She had worked at the U.S. Attorney's Office prior to joining the BOP.
Francis Dent, a recent graduate of the BOP Paralegal program at MSTC Aurora. will he
undertaking an increased role in defending against litigation filed by FC} Englewood inmates.
NCRO Paralegal Specialist Gwn Robinson will be assisting Ms. Dent with the Fel Englewood
cases.

STAFF TRAVEL AND LEAVE
John

AIL
July 27-31

July 3 &6
National Legal Training

Daryl

July 7-10

USPOIJudge's Conference
Iowa and Nebraska

..

July 27-31

Dan

None scheduled

Gwen

None scheduled

Vince
LeeAnn

None scheduled
July 10 & 13

Janet
Lisa

None scheduled
None scheduled

Beth

July 6-20

National Legal Training

AIL

Paralegal Training
MSTC

.

Q

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office of Regional Counsel
Kansas City, KS 6610 1
August 7, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHLY REPORT (July, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LmGATION:

inst

nurn

hc

ftc

biv

oth

ans

pen

cld

hIt

set

awd

NCR

47

31

4

9

3

28

429

29

22

1

0

AUG

SEP

NUM - Number of total lawsuits flied In the month (1)
HC - Number of habeas corpus actions flied 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)

*Number of open cases on LMS.
ADMINISTRATIVE CLAIMS:

JAN

FEB

MAR

APR

MAY JUN

JUL

61

50

66

81

56 -

98

Total for Calendar Year 486
Pending 273·

74

OCT

NOV

DEC

ADMINISTRATIVE REMEDIES

JAN

FEB

MAR APR

MAY JON

JUL

184

170

210

249

241

198

202

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 1454

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

FOIA

PRIVACY ACT

ACTUAL ON-HAND

31

8

ACTUAL RECEIVE D

62

11

ACTUAL PROCESSED

66

10

4

4

ACTUAL BACKLOG

Backlog represents those requests which have not been responded to within the twenty work days
. target set by DOl
ADVERSE DECISIONS

None.
SETTLEMENTS OR JUDGMENTS
Sartin v. United States, Case N~. 97-2780, (W.D.Tenn.) USP Marion
This case was recently settled for $12,000. The case involved a visitor who sustained injuries
when a chair collapsed in the FPC Marion visiting room. The AUSA did not obtain the
concurrence of the BOP prior to settling this case.
Lumpkin v. Knowles, Case No. 97-X-0033 (D•. Col.), USP Florence
District Court directed BOP to make a copy of telephone conversation on cassette tape and
provide declaration as to its authenticity. Lumpkin is to provide address where tape will be sent
and will pay costs of copying/mailing. BOP also directed to preserve master reel if Lumpkin
pays cost of replacement (approx. $120). If Lumpkin has not paid to replace master reel by
August 6, order to preserve master reel will be vacated.
McCarthy y. U.S.. et al., Case No. 95-Z-320 (D. Col.), ADX Florence
On July 14, 1998, a settlement was reached when the plaintiff agreed to dismiss his complaint
without prejudice due to the fact that he is currently receiving assistance from KU Defender
Project. In exchange, BOP will provide a declaration to plaintiff's counsel as to unavailability of
Florida materials in BOP facilities.

..
Monthly Report
August 1998
Page 3
DECISIONS OF INTEREST
Parsons v. Pitzer, 1998 WL 416888 (7th Cir. (Wis.», FCI Oxford

Seventh Circuit found that Felon in Possession of a Firearm was a crime of violence for purposes
of 18 U.S.C. 3621(e)(2)(B).
Copley v. Keohane, 1998 WL 410067 (8th Cir. (Mo.», USMCFP Springfield

Court held that since inmate was no longer in the custody of the BOP and instead under the
supervision of U.S. Probation, the petitioner's habeas action was moot.
PENDING CASES OF INTEREST
Johnson v. United States, Case No. 96-C-5708, N.D. IlL, MCC Chicago

After inmate committed suicide, his estate sued claiming BOP's negligence led to death. During
recent settlement conference, administrator of estate asked for $800,000. AUSA responded with
an offer of$10,000 in nuisance value.
Massey and Otten v. David Helman. et al., Case No. 97-1401, C.D. IL, FCI Pekin

Pursuant to Rule 23, Fed. R. Civ. P., Plaintiffs brought a Motion for Class Certification. Plaintiff
Massey alleged· that because it is institutional policy to deny necessary medical care to inmates,
he was denied the prescribed medical treatment for an existing hernia, a violation of his Eighth
Amendment right to be free from cruel and unusual punishment. In addition to his individual
claim, Plaintiff Massey sought class certification on behalf of other inmates who were denied
medical treatment. Plaintiff Otten was a former staff physician at FCI Pekin prior to his
termination during March 1998. Plaintiff Otten alleged that he was terminated for insisting that
his patients receive necessary medical care as required by the Eighth Amendment and because he
spoke freely with the inmates about the necessary medical care being denied to them. In addition
to Plaintiff Otten's individual claim, he brought action on behalf of his former FCI Pekin inmate
patients. In an Order dated July 7, 1998, the Court denied the Motion because Plaintiffs failed to
meet the first of four pre-requisites to certify the class; numerosity.
Gonzalez v. Cambiazo. Derr and Kuzinki, Case No. 97-S-2639, D.Col., FCI Florence

Inmate alleges he was assaulted by these three defendants on 12/1/97. The inmate specifically
alleges that staff removed his wheelchair and walker from his cell, resulting in inability to
ambulate around the cell. The inmate alleges that the officers then kicked plaintiff, injuring his
legs and shoulder. He is seeking $1 million in damages and a transfer to a "hospital."
Boyce v. Hershberger, Case No. 983238-GTRV, D.Kan., NCRO

Convicted spy Christopher Boyce has filed suit in the District of Kansas alleging that his
constitutional rights were violated when he was transferred from a state facility in Minnesota to
ADX Florence. Boyce is represented by counsel in this matter and claims that he was transferred
solely because of articles he wrote that were critical of the BOP and members of the Aryan
Brotherhood. A current BOP staff member testified on behalf of Boyce during his last parole
hearing and assessed that Boyce was best suited for confinement in an FCI, not a maximwn
security prison. NeRO legal staffwill be providing the u.S. Attorney's Office with assistance.

.
Monthly Report
August 1998
Page 4
RELIGIOUS FREEDOM RESTORATION ACT CASES
Houston y. BrooR, Civil No. 97-2081, D. Minn., FCI Sandstone
Private counsel is in the process of interviewing various staff members regarding their actions in

this case. The defendant claims his rights under RFRA were violated when he was placed in
administrative detention for making inflammatory remarks about Caucasians. The U.S.
Attorney's Office filed a motion to dismiss on behalf of the defendants in their official capacities.
IlEARINGS AND TRIALS

None.
UPCOMING IlEARINGS OR T~S
Bernal v. Black & Lewis, Case No. 96-1209, CD Ill., FCI Pekin
Plaintiff alleges two staff initiated disciplinary action him in retaliation for complaining about

conditions at the commissary. Trial scheduled to begin Monday, August 31 , 1998 in Peoria.
Locascio v. Keohane, WD MO, MCFP Springfield

Plaintiff, an organized crime figure, filed for a temporary restraining order requesting release
from Administrative Detention. The inmate was placed in SHU after information was received
that a contract had been placed on his life. Judge Clark has scheduled a hearing regarding this
matter for August 19, 1998.

CRIMINAL MATTERS
USA v. JOHNSON, Case No. 96-CR-379, N.D.IIL, MCC Chicago

On July 27, 1998 Johnson was formally sentenced to two concurrent death sentences. The judge
requested that Johnson be allowed to stay at the MCC for 14 days so he could have the
opportunity to visit with family members.
USA V. Leo ALVAREZ D.Col., USP Florence

Inmate pleaded guilty to introduction of contraband (heroin) and was sentenced to 27 months
consecutive to his current term of imprisonment.
USA v. Jack COOK, D.Col., FCI Florence

Inmate charged with one count of assault on staff (Correctional Counselor) and pleaded guilty.
The inmate was immediately sentenced to one year, consecutive, during proceedings before
Magistrate Borchers in ADX Courtroom on July 14, 1998.
USA V. Jimmy COUCH, D. Col., USP Florence

Inmate charged with possession of contraband (drugs). The inmate pled guilty at proceedings on
July 24 before Magistrate Borchers in ADX Courtroom and was immediately sentenced to six
months each on two counts, consecutive to each other and to all other sentences.

..,.

..
Monthly Report
. August 1998
PageS
USA v. RIDDLE and BLACK, D. Col., USP Florence
Giglio information turned over to USAO .. It appears inmate will plea to second degree murder in
order to avoid being tried for capital murder.
PERS~LISSUES

Vince Shaw will be starting at the Attorney-Advisor at FCI Oxford this month. Tracy Knutson,
Honors Attorney, assumes duties at the NCRO August 17, 1998. Legal Intern Lisa McKnight
returns to UMKC School of Law and will begin working part-time.
STAFF TRAVEL AND LEAVE

John

August 21-28

AIL

Daryl

August 24-25

FPC yankton

Dan

August 26-27
August 28

CMC Training
AIL

Gwen

August 7
August 30 - September 2

AIL
Denver - Sentencing Tng

Vince

August 28

Last Day at NCRO

Tracy

None Scheduled

LeeAnn

None Scheduled

Janet

None Scheduled

Lisa

None Scheduled

Beth

None Scheduled

Tort dBASE Files sent via e-mail to Delores Johnson, OGC, on 07/31/98.

 

 

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