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Fbop Ncr Monthly Reports 2000jan-mar

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U.S. Deparbnent of Justice
Federal Bureau of Prisons
North Central Regional Office

(

Tower II, 8th Floor
400 State Street

Kansas City, KS

66101-2421

February 18,2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
GENERAL COUNSEL AND REVIEW DIVISION
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

Monthly Report (January 2000)

(.........
LmGATION,·CLAlMS, AND ADMINISTRATIVE REMEDY STATISTICS

LmGATION:

INST

NUM

HC

FTC

BIV

OTH

ANS

PEN

CLD

Hfr

SET

AWD

NCR

36

24

I

6

S

31

438

22

S

0

0.00

Total cases for Calendar Year - 36

(

NUM- Number 01 total lawsuits filed in tbe montb
Number 01 habeas corpus actions filed in the reporting period
HCnc- Number 01 FTCA actions filed
BIV- Number 01 Bivens actions filed
OTH- Number olotber actions filed, e.g., mental bealth, mandamus
ANS- Number 01 litigation reports completed
PEN- Number 01 eases peDdiDg
CLD- Number 01 cases closed
HIf- Number 01 bearings or trials (include in narrative)
SET- Number 01 settlements (include in narrative)
AWD- Number 01 Awards (include in narrative)

3634

· North Central Region
Regional Counsel Monthly Report
January 2000
Page 2

ADMINISTRATIVE CLAIMS

Total for Calendar Year - SS

ADMINISTRATIVE REMEDIES

I:: I I I I~ I I I I I I I
FEB

(

MAR

APR

y nm

IUL

AUG

SEP

Total for Calendar Year -175
FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

PAIFOIA

FOIA

ACTUAL ON-HAND

'42

S

ACTUAL RECEIVED

64

4

ACTUAL PROCESSED

3S

4

ACTUAL BACKLOG

10*

6*

Total for Calendar Year - 68

•L Requests awaiting the retrieval of records from the archives.
•JL Requests received 10-14 days after date received in Central Office.

3635

OCT

NOV

DEC

(

North Central Region
Regional Counsel Monthly Report
Janwuy 2000
Page 3

ADVERSE DECISIONS
Ward v. Booker. Case No. 2000 WL 37983 (1011a Cir), USP Leavenworth

The Tenth Circuit ruled that the BOP Director could not exercise her discretion and use sentencing
enhancements forfireanns to deny inmates early release eligibility under 18 U.S.C. § 362 I (e)(2)(B).
As a result of the ruling, OOC is creating an operations memorandum for the Tenth Circuit.

SETI'LEMENTS OR JUDGMENTS

None.
DECISIONS OF INTEREST
Zacherv. Tigpv, Case No. 98-4065, (8da Circuit), FCI Waseca
The Eighth Circuit held that the BOP Director has the discretion to deny early release to inmates with
prior misdemeanor convictions for aggravated assault In coming to this conclusion, the Court

(........

embraced the BOP's use of the FBI's Unifonn Crime Reporting definition of aggravated assault as
a rational way to further the mandates of 18 U.S.C. § 3621 (e)(2)(8).
MeCQ! v. Nelson. Case No. 96-790, FC) Greenville

'Ibis case involved allegations of excessive force during the 1995 disturbances. The district court
dismissed the case for failure to exhaust administrative remedies on January 12, 2000.
Wilson v. Seiter & Moore. Case No. 97-591-JPG, FC) GreenvUle'

The District Court conducted an evidentiary hearing on the plaintiffs claim that staffused excessive
force on a BOP bus following the 1995 October disturbance. The court ruled in favor of the two
defendants. FCI Greenville Attorney Tracy Knutson assisted the AUSA.
Wayne Cooper v. Pale True. et al., Case No. 96-3097-GTV, USP Leavenworth
This FCI Greenville bus case was dismissed for lack of prosecution because plaintiff's failure to
report his change of address resul~ in all of the Court's mail being returned to sender. With the

dismissal of this case, USP LVN now only has 2 open cases involving the transportation of inmates
from FCI Greenville after the 1995 disturbances.
Darren Jay Dennison v, United States, Case No. 98-3243, USP Leavenworth
On January 19,2000, the government's motion to dismiss pursuant to Rule 12 (b) (I) for lack of
subject matter jurisdiction was granted. The plaintiffalleged that prison officials negligendy caused

the loss of his personal property. In granting, this motion, the Court determined the plaintiff's
property was detained by law enforcement officers pursuant to 28 U.S.C. § 2680(c) and that plaintiff
failed to show that the government had waived its sovereign immunity with respect to his FTCA
claim.

3636

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...

North Centra) Region
Regional Counsel Monthly Report
Janwuy2000

(:-

Page 4

Gerald M. Kelly v. Scott, et al. Case No. 99-3132 (10tb Cir.), USP Leavenworth
Inmate Kelly alleged excessive force, failure to keep him safe, and inadequate medical care in
violation of the Eighth Amendment. The 10th Circuit Court of Appeals affinned the decision ofthe
District Court and concluded that no genuine issue exists as to whether or not the defendants had a
culpable state of mind, i.e. were deliberately indifferent with respect to Kelly's medical needs.

Likewise the Court found inmate Kelly failed to establish a triable issue with respect to deliberate
indifference to his safety.
PENDING CASES OF INTEREST
Obi v. BOP, Case No. 97-CV-S49-DHR, FeI Greenville

(::::

..

Inmate OIda filed a FOIA request for documents pertaining to the 1995 disturbance at FCI
Greenville. In its Vaughn Index, the United States asserted various "law enforcement" exemptions
under (b)(7)(A)-(F). The district court ruled that the BOP had not proved that the records were
compiled for a law enforcement purpose, ordered a trial, and appointed Okai counsel. At a
pretrial/settlement conference held in January, the district court ordered the United States to tum
over the documents to Okai' s counsel with instructions not to disclose them to inmate Okai.
Plaintiff's counsel also requested a court appointed expert witness to testify about the exemptions
asserted by the BOP in this case. No trial date has been set, but it is anticipated to be tried before
June.
Dam v. Mills, et aL, Case No. 99-WM-2473, USP Florence

Service packets in this Bivens action were received for several staffwho are no longer employed by
the BOP. Inmate alleges staff used excessive force and subjected him to cruel and unusual
punishment when removing him from his cell on 2115196. One of the named defendants is a fonner
staff member who was prosecuted and convicted for violation of 18 U.S.C. § 242.
Benefield y. MeDowall. Case No. 98-8-0739, USP Florenee
In December 1999, Magistrate Judge Pringle recommended the dismissal of all official capacity

claims, and individual capacity claims related to alleged retaliatory incident reports. See ~ and
BaIisok. Magistrate denied qualified immunity on plaintiff's claim that staff labeled him a "snitch"
against other inmates. On 1/24/00, a draft pleading objecting to R&R concerning the denial of
qualified immunity and a response to plaintiff's motion to compel discovery was sent to the U.S.
Attorney's Office.
Garrett v. K1ineer and Stratman, Case No. 97-Z-1217, FCI Florence

(
\

Case involves medical treatment for an injury that allegedly suffered during a use of force. Inmate
received shoulder injury and was seen by several medical staff, including an orthopedic specialist.
Once specialist recommended surgery, specialist forwarded a transfer request for the jnmate.
Medical designator approved, but directed the institution not to be moved until further notice.
Unfortunately, the inmate was not approved for transfer until ten months later. On 12116/99, Senior
Judge Weinshienk adopted R&R recommending dismissal of defendant Klinger and denying
qualified immunity for defendant Stratman. On 1/18/00, a notice of appeal was filed.

3637

,

("

.

• Nonh Central Region
Regional Counsel Monthly Report
Janumy 2000
PageS

HEARINGS AND TRIALS
Keith Segien v. James Hanson Case No. 9S-318S-RDR, USP Leavenworth

This civil Bivens-styled action is scheduled for a one week trial in front of Judge Rogers in Topeka
on April 17, 2000. Lt. Hanson is represented by private counsel who are being paid by DOJ.
Several Leavenworth staff members will be called as witnesses.
CRIMINAL MATIERS

u.s. y. Belwood, Case No. 99-30182, FC) Greenville
The sentencing hearing for this fonner employee who pled guilty to various narcotics violations has
been continued until February 8, 2000.
PERSONNEL ISSUES

...

STAFFTBAVELANDLEAVE
San Diego Legal Conference
217-2111
San Diego Legal Conference
217-2111
Litigation Coordinator Training
2125/00
Annual Leave
3/17/00
None scheduled
None scheduled
San Diego Legal Conference
217/-2111

Litigation Coordinator Training
2125/00
None scheduled
None scheduled

3638

u.s. DepanunentofJustice
Federal Bureau of Prisons
North Central Regional Office

Tower II, 8th Floor
400 State Street
Kansas City, KS 66101 ..2421

March 15,2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
GENERAL COUNSEL AND REVIEW DIVISION
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

Monthly Report (February 2000)

(
LITIGATION, CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS

LmGATION:

INST

NUM

He

FTC

SIV

OTH

ANS

PEN

CLD

HIf

SET

AWD

NCR

IS

12

2

I

0

19

42S

28

I

I

0.00

Total cases for Calendar Year - 51

(

NUM ..
HCFfCDIVOTHANSPENCLDHIT-

Number of total lawsuits filed in the month
Number or habeas corpus actions filed in the reporting period
Number or FfCA actions filed
Number or Bivens actions filed
Number or other actions filed, e.g., mental bealtb, mandamus
Number orlitjgation reports completed
Number or cases pending
Number or eases closed
Number of hearings or trials (include in narrative)
SET- Number or settlements (include in narrative)
AWD- Number or Awards (include in narrative)

3670

• North Central Region
Regional Counsel Monthly Report

(

February 2000

Page 2

ADMINISTRATIVE CLAIMS

Total for Calendar Year - 120

ADMINISTRATIVE REMEDIES

co .

JAN

FEB

175

164

MAR

APR

MAY JUN

AUG

JUL

SEP

Total for Calendar Year - 339

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

PAIFOIA

FOIA

ACTUAL ON-HAND

26

7

ACTUAL RECEIVED

84

10

ACTUAL PROCESSED

71

3

ACTUAL BACKLOG

4*

0

Total for Calendar Year -162
*_1 Requests awaiting the retrieval of records from the archives.

3671

OCT

NOV

DEC

(

• North Central Region
Regional Counsel Monthly Report
February 2000
Page 3

ADVERSE DECISIONS

McFadden v. J.W. Booker, Jr.; Robbins v. J. W. Booker, Jr., D. Kan. Case No. 993393-RDR;
Grant v. J. W. Booker, Jr., D. Kan. Case No. 99-3392-RDR; Prchal v. J. W. Booker, Jr., D.
Kan. Case No. 99-3399-RDR, USP Leavenworth

On February 17, 2000, District Judge Richard D. Rogers ruled against the agency in the abovereferenced habeas actions. The petitioners sought a one-year sentence reduction pursuant to 18
U.S.C. § 3621(e) pending successful completion of the RDAP program. In connection with the
instant offenses, they possessed dangerous weapons. Included in the total offense levels were twolevel enhancements for possession of a weapon.
Benefield v. McDowall. Case No. 98-S-0739, USP Florence

On February 9, 2000, the District Court Judge adopted the Magistrate's R&R which recommended
denial of qualified immunity and a response to plaintifr s motion to compel discovery. On February
14, 2000, the Magistrate ordered that plaintiff's Motion to Compel Production of Documents be
granted in part and denied in part.

c··
SETTLEMENTS OR JUDGMENTS
Richards v. USA. Case No., FC) Greenville
Plaintifffil~d this FTCA action

wherein he alleged that staff lost his hobby craft items, legal papers
and other various property items. A settlement of $800.00 was reached in this matter.
DECISIONS OF INTEREST

Marlow v. United States, Case No. 98-1512, Fe) Pekin
FTCA action alleging that the United States knew or should have known of an o~cer's propensity,
for violence. The officer allegedly struck the inmate in the face while he was in the hospital
recovering from hernia surgery. A trial was held in St. Louis December 8, 1999 and December 9,
1999. A decision was rendered in favor of the Defendant on February 11,2000. Janice Bonneville
provided vital assistance in the case.
Massey v. Wheeler, et aI, Case No. 99-2663, FC) Pekin

Appeal of District Court decision in 98- I 348. Inmate alleges that the defendant's violated his
constitutional rights by opening and reading his legal mail and by denying him an unmonitored legal
call. The case was dismissed at the District Court level due to the inmate's failure to exhaust. The
matter was argued before the 7th Circuit on Wednesday, February 23,2000.

3672

(

· North Central Region
Regional Counsel Monthly Repon
February 2000
Page 4

Canty v. J. W. Booker, Jr., Case No. 97-3435-RDR, USP Leavenworth
In this petition for writ of habeas corpus, Canty alleged that disciplinary action taken against him
while he was confined at USP Atlanta violated due process. Canty had received an incident report
for Engaging in or Encouraging a Group demonstration because he posted a newspaper article in
the desk area of the officer's station in the unit. The article discussed recommended changes in the
disparity between crack and powder cocaine sentencing. Canty claimed that he did not engage in the
behavior specified in the cited offense codes and that no offense code specifies that posting a
newspaper article is prohibited conduct. The court detennined that Canty was afforded a disciplinary
hearing with all the due process required by Wolff and also it was "no stretch to find his act in
posting this particular article to be conduct which disrupts or tends to encourage group
demonstration." The court in liberally construing the petition detennined that if he was raising a
First Amendment claim, it would be rejected because an inmate's limited First Amendment rights
do not include any purported right to disobey orders or incite a disturbance. Canty filed a Notice of
Appeal on February 3, 2000 and the District Court has allowed Canty to proceed IFP on appeal.

(
"I,.,

Rodriquez v. United States, Case No.98-3352-RDR, USP Leavenworth
The court recently granted the government's motion for summary judgement in this FTCA where
the plaintiff alleged mishandling of his property and subsequent failure to return his platinum false
teeth. The dentures had been seized because plaintiffhad purposefully broke his (max) partial in half
and had attempted to make a crude pair of knives or shanks.
Cupples v. Pugh, lOeb Cir. No. 99-1456 (D.Colo.#99-Z-1913), ADX Florence
Tenth Circuit dismissed this habeas appeal which alleged transfer from Iowa Department of
Corrections (DOC) to ADX was illegal, and that Iowa waived jurisdiction of remaining state
sentence because of the alleged unlawful transfer. The Court agreed with the District Court that
petitioner failed to present any facts or legal argument to show the transfer was illegal. The Court
noted that the Constitution does not prohibit transfer of an inmate from one state to another.
Wilson v. Moore., Case No. 97-591, FC) GreeDville
After a bench trial, judgment was granted in favor of the defendant, Lt. Moore (now retired). The
plaintiffalleged excessive use of force when Lt. Moore used "pepper spray" on an MCI bus that was
transporting inmates from FeI Greenville to USP Leavenworth in the aftennath of the 1995
disturbance. The Magistrate Judge found that the use of the pepper spray was reasonable and'the
least hannful method to quiet the situation that had developed on the bus. Further, the judge noted
that the plaintifr s lack of injuries was further indication that the use of force was not malicious or
sadistic.

PENDING CASES OF INTEREST
Barnett v. Knowles, et al., Case No. 98-B-0916, USP Florence
Magistrate Judge issued an R&R recommending that portions of the complaint should be dismissed
while one claim continues. Plaintiff alleged he was assaulted by four correctional officers after he

3673

• North Central Region
Regional Counsel Monthly Report
February 2000

PageS

filed a complaint against another officer, that he was improperly placed in SHU, that an officer
cursed at him, that stafffiled false incident reports charging him with misconduct, and that he should
be housed at a different federal prison. The Magistrate recommends dismissal ~f all claims except
the retaliation and assault claims against specific defendants. The Magistrate believes the assault
claim turns on a material fact that cannot be resolved by summary judgment.
Phillips v. Harris and Retzlaff, Case No. 99-WM-10ll, USP Florence
Bivens action involving plaintiff's claims of failure to protect. Plaintiff alleges the defendants
caused plaintiffto be assaulted by investigating a protective custody claim and interviewing a inmate
about the need for protective custody.

(

Turner v. USA, Case No. 97-S-1340, ADX Florence
FTCA action wherein plaintiff claims correctional officers failed to protect him from hann and that
the actions of the officers resulted in him being assaulted by another inmate, causing personal injury
and sever pain. Plaintiff also claims the correctional officers maliciously assaulted him using
excessive force and the he was denied medical care. On November 2, 1999, the Magistrate Judge
entered an order staying this matter pending the outcome of a criminal investigation by the U.S. DOJ
Civil Rights Division. On February 11,2000, plaintiff filed a motion for a temporary restraining
order, claiming that the FCC's Dental staff deliberately injected him with a contaminated needle,
causing him to contract Hepatitis C. Plaintiff asserted that there was no other conceivable way he
could have contracted the viral infection. Plaintiff claimed that the staff's alleged actions were part
of the ongoing criminal conspiracy by the Federal Bureau of Prisons to seriously harm or kill him
for his assistance in the on-going criminal civil rights investigation at the USP.
Muhammad v. U.S. Federal Hospital for Prisoners, Case No.l:00CVOOl10,
.
USMCFP Springfield
Plaintiff alleges that employees at the Medical Center fabricated medical reports in order to conduct
an illegal mental health competency evaluation authorized by a federal court. Plaintiff also alleges
that illegal acts or omissions involving the improper administration of medication occurred while
the plaintiff was confined at the Medical Center.
Frazierv. J. W. Booker, Case No. 00-301S-RDR, USP Leavenworth
Petitioner asserts jurisdiction pursuant to the Indian Civil Rights Act, 2S U.S.C. 1303 and 28 U.S.C.
2241. He alleges he is scheduled to be released in March 2000, and that the Winnebago Tribal Court
has illegally lodged a detainer against him.

HEARINGS AND TRIALS

i

\.

Karen Jutzi Johnson v. United States, Case No. 96-CV-5708, MCC Chicago
Family seeks damages in suicide death of inmate. The trial began February 22,2000, with various
BOP staff testifying. The government's expert testified that the infonnation allegedly available to
staff would not have indicated imminent suicide, and inmate had other available means of

3674

• North Central Region
Regional Counsel Monthly Repon
February 2000
Page 6

hanging/suicide other than the sprinkler pipes. Expert testimony presented by plaintiff that various
failures by stafi'to follow policy and exposed pipes increased suicide potential. Closing arguments
finished on March 8, 2000. A written ruling is anticipated.

CRIMINAL MATTERS

u.s. v. Jones, USP Florence
On February 7, 2000, inmate was sentenced to three years consecutive for assault on correctional
officer at the USP. The defense sought downward departure at sentencing based on fact that inmate
was intoxicated and claimed to feel "threatened". However, the Judge did not give a departure and
sentenced Jones to the entire three years allowable.
United States v. Rodney Allen Dent, No. 99-40046-JPG; United States v. Mitcbell E. Kolb, No.
99-40047-JPG; United States v. Scott Lee Martin, 99-40048-JPG; United States v. David
Michael Sahakian. No. 99-40044-JPG; United States v. Joseph L. Tokash, No. 99-40045-JPG;
United States v. John Derel Usher, No. 99-40049-JPG, USP Marion

I

The above named inmates are charged with possession of a prohibited object in violation of 18
U.S.C. § 1791 (a)(2). After asserting that they were operating under a mental disease or defect when
the crime was committed, all defendants underwent evaluations pursuant to 18 U.S.C. §§ 4141 &
4142. Trial is set for March 20, 2000, but no decisions have been made regarding defendants'
request to proceed pro see

us v. Belwood. Criminal Case_99-30182, FCI Greenville
A sentencing hearing for this fonner employee who pled guilty to violations of 21 U.S.C. §
841 (a)(10) & (1), and §846 was held. Belwood was given ten months on each count, to be served
concurrently, two years of supervised release, and a $2200 fine. The court allowed for a §3B 1.3
enhancement for abuse of a position of trust.
U.S. v. McElhiney. USP Leavenworth

Inmate was sentenced on February 18, 2000 in the District of Kansas for Conspiracy to Possess with
intent to distribute heroin to 30 years, 8 years supervised release and he was ordered to pay a $1 00.00
special assessment. He has filed a 2nd motion for a new trial. Judge Rogers gave the defendant 2
weeks to file a response to the government's reply to his motion.
USP Leavenworth

Three Leavenworth staffwere indicted on March 1,2000 for aiding and abetting one another, while
acting under color of law to wiI1fully strike and assault an inmate resulting in bodily injury in
violation of 18 U.S.C. § 242 and Title 18 U.S.C. § 2. Two of the same staffwer~ also indicted for
aiding and abetting one another, while acting under color of law to willfully strike and assault an
resulting in bodily injury in violation of 18 U.S.C. § 242 and Title 18 U.S.C. § 2.

3675

(

• North Central Region
Regional Counsel Monthly Report
February 2000
Page 7

USP Leavenworth
On March I, the following inmates were indicted for conspiracy to smuggle heroin into USP
Leavenworth in violation ofl8 U.S.C. § 1791 (a) and 1791(a)(2): Sammy Villalba, Reg. No. 00116748; Ramon Duron, Reg. No. 89694-012; Louie Ayala, Reg. No. 80221-0 II ; Fidel Enriquez Ruelas,
Reg. No. 24897-037; Kenny Taylor, Reg. No. 12596-064. A woman, Gladys Hill, Reg. No. 24897037 was also charged. The indictment alleges that the Leavenworth inmates participated in a
conspiracy to smuggle heroin filled balloons into Leavenworth by having Gladys Hill hide the
balloons on her person then give them to her boyfriend, Kenneth Tayl.or, during a visit.

PERSONNEL ISSUES

(
STAFF TRAVEL AND LEAVE
Washington, D.C.
3120 - 3124
Chicago
3/16 - 3/17
Washington, D.C.
3/20 - 3124
Annual Leave
3/ 17

None scheduled
None scheduled
Veterans Job Fair, Ft. Riley KS
3124

(
None scheduled

3676

'. :

'00

U.S. Department of Justice
Federal Bureau of Prisons
North Central Regional Office

Tower 1/, 8th Floor
400 State Street
Kansas City, KS 66101-2421

April 11, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
GENERAL COUNSEL AND REVIEW DIVISION
FROM:

DARYL KOSIAK, Regional Counsel

SUBJECT:

Monthly Report (March 2000)

(
' ..

~

+

-

LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS

LITIGATION:

INST

NUM

HC

FTC

BIV

OTH

ANS PEN

CLD

HIT

SET

AWD

NCR

27

14

4

6

3

32

3S

0

1

1,800,000.00

420

Total cases for Calendar Year - 78
NUM- Number of total lawsuits filed in the month
Number of habeas corpus actions filed in the reporting period
HCITC- Number of FlCA actions filed
BIV- Number of Bivens aetions filed
OTH- Number of other actions filed, e.g., mental health, mandamus
ANS- Num ber of litigation reports completed
PEN- Number of cases pending
CLD- Number of eases closed
H/f- Number of hearings or trials (include in narrative)
SET- Number of settlements (include in narrative)
AWD- Number of Awards (include in narrative)

3376

• North Central Region
Regional Counsel Monthly Repon
March 2000
Page 2

ADMINISTRATIVE CLAIMS

JAN

FEB

MAR APR

SS

65

SS

MAY JUN

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year - 175
Pending - 254

ADMINISTRATIVE REMEDIES

JAN

FEB

MAR APR

175

164

192

MAY JUN

Total for Calendar Year - 531

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

PAIFOIA

FOIA

ACTUAL ON-HAND

30

18

ACTUAL RECEIVED

60

32

ACTUAL PROCESSED

68

38

ACTUAL BACKLOG

0

1*

Total for Calendar Year - 254
*_1 Requests awaiting the retrieval of records from the archives.

3377

• North Central Region
Regional Counsel Monthly Report
March 2000

Page 3

ADVERSE DECISIONS
Karen Jutzi Johnson v. United States, Case No. 96-CV-5708, MCC Chicago
Family sought damages in suicide death of inmate. Adverse decision entered by Judge Kocoras on
March 29, 2000, awarding $1,800,000 in damages to plaintiff. Decision indicated staff knew or
should have known of signs of inmate's psychological disorder due to inmate complaints about
hygiene and picking at scabs, sick call sheet indicating need to see psychologist/psychiatrist, and one
inmate indicating an unnamed inmate was suicidal. Appeal request to Solicitor General due on April
14,2000.
SE'ITLEMENTS OR JUDGMENTS
Richards v. USA, Case No. 99-024, FCI Greenville
Plaintiff accepted a settlement offer of $650 in this FTCA action. Plaintiff had two claims. First,
he alleged that when he was sent to the Special Housing Unit, his property was not secured in a
timely manner which resulted in several items being stolen by other inmates. Records indicated that
there was an hour delay in securing his property and that some items which the inmate previously
had in his possession, were no longer accounted for. Second, the plaintiff claimed that when he was
transferred to FCI Pekin, a box of hobby craft materials never arrived. After interviewing staff at both
FCI Greenville and FCI Pekin, it was decided that a settlement offer should be extended. The
original offer was for $200, which was rejected. Further settlement negotiations resulted in an
acceptance of $650.
DECISIONS OF INTEREST
Moore v. Cooksey. et al•• Case No. 98-WM-2321, ADX Florence
On March 3, 2000, the Court adopted the R&R which granted the government's motion to dismiss,
denied plaintiff's requests for injunctive relief and dismissed the matter with prejudice. Court relied
upon Magistrate's finding that under the Rehabilitation Act (RA), supervisors are not subject to
personal liability for violations of the RA, and that any relief could only come from the BOP andlor
it's Director in an official capacity and that sovereign immunity shields federal agencies against
damage claims under the RA. Magistrate further noted that inmates do not have a liberty interest in
prison classification arising from the Due Process clause and noted that plaintiff did not demonstrate
any denial of equal protection or an 8th Amendment violation.
Patel v. Wooten. et al., Case No. 96-M-0286, FCI Florence
On March 24, 2000, an oral argument was held regarding the defendants' motion for summary
judgment in this religious diet case. At the conclusion of the argument, in which the Judge did not
even need to hear from defendants' counsel (private counsel at DOJ expense), the Court granted the
defendants' motion for summary judgment. The Court held that there was no equal protection
violation, as plaintiff failed to prove that he, as a Hindu, was treated any differently with respect to
religious dietary concerns than inmates of other faith groups. He felt the plaintiff was seeking

3378

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· North Central Region
Regional Counsel Monthly Report
March 2000
Page 4

accommodations that the BOP does not afford to any religious group. The RFRA issues were
previously dismissed voluntarily by plaintiff.
Smocks v. J. W. Booker. et al., Case No. 99-3152-GTV, USP Leavenworth
In this Bivens-styled action, plaintiff alleged defendants failed to enforce federal laws and that he
was sUbjected to illegal restraint, malicious prosecution, kidnaping, conspiracy, denial of due
process, and gross negligence. In this case, plaintiff presented identification at the camp control desk
and announced that he was leaving at 12:01 a.m. on March 29, 1999, which was his scheduled
release date. Plaintiff ignored orders to stop and was forcibly subdued approximately 100 yards from
the camp entrance. The Court concluded that defendants responded responsibly to plaintiffs effort
to leave and there is no evidence to suggest that plaintiff was subjected to excessive force. Likewise,
the material which details the investigation and indictment which followeo plaintiffs actions Ooes
not reasonably suggest he was subject to malicious prosecution. On March 29, 2000, the Court
concluded that the defendant's uncontested motion should be summarily granted.

c

McCurry v. Joe Booker, Case No. 00-3049-RDR, USP Leavenworth
In this § 2241 petition, the parties entered into a Stipulation of Dismissal Pursuant to Fed. R. Civ.
P. 41 (a)(1 )(ii) because petitioner is no longer being denied eligibility for a reduction in his sentence
under 18 U.S.C. § 3621(e)(2)(b), based on a prior state court conviction for serious assault, relief
having been granted to petitioner, through utilization of the administrative remedy process.

PENDING CASES OF INTEREST

Laury v. Greenfield. et al., Case No. 98-3024-JWL, USP Leavenworth
On March 13,2000, District Judge ordered that defendants' motion to dismiss or alternatively for
summary judgment is granted in part and denied in part. Specifically, defendants' Rule 12(b) (I)
motion for dismissal of claims asserted against defendants in their official
Defendants' motion for summary jud~:m~
deprivedplaintiffof~k, that
against plaintiff, that ~erbally thn·Jlt,,.
plaintiff and placed him in a holding cells, and
Defendants'
excessive force
plaintiff from exc:es:sivt

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t{p

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• North Central Region
Regional Counsel Monthly Report
March 2000
PageS

YOUDI

and Marvin v. Josepb Corriston, Case No. 99-CV-3384, USP Leave"nworth

In this case, plaintiffs allege they were improperly placed in SHU for investigation after an arm chair
piece was found missing in the Unicor Furniture Factory. As relief they request compensation for
their lost wages.

Gometz v. Warden, Case No. 98-D-1356, ADX Florence
The Magistrate Judge issued an R&R in this BivenslFTCA case finding that Bivens claims should
be dismissed but that the FTCA claims should survive. Magistrate does not embrace the law
enforcement detention of goods exception.

Cordero v. Unicor, Case No. 99-K-1447, USP Florence
In February, plaintiff filed papers asking the court to serve copies of all documents on his "jailhouse
lawyer." That request was denied. Plaintiff then sought to have the Court order the parties to serve
copies of all pleadings on his "paralegal." On March 9, 2000, the Court advised plaintiff that the
court did not recognize paralegals as representatives before the court.

c

Allen v. BOP, Case No. 00-342, NCRO
Plaintiff filed under the Freedom of Infonnation Act (FOIA) for copies of phone conversations he
had with his attorney while at MCC Chicago. The taped conversations were withheld under
Exemption (b)(3) ofFOIA.

upCOMING HEARINGS AND TRIALS

Semen v. James Hanson, Case No. 95-3185-RDR, USP Leavenworth
This Bivens-styled action (alleged excessive use of force in restraining an inmate in March, 1995)
is scheduled for a one week trial in Topeka, Kansas, on April 17, 2000. Lt. Hanson·is represented
by private counsel paid for by DOJ in this case. Several Leavenworth staff members will be called
as witnesses.

Kikumura v. United States, Case No. 97-CV-S2-JPG, USP Marion
This case was initially scheduled to begin on April 17, 2000. However, it has been indefinitelycontinued. Plaintiff alleges that sixty-one (61) books were wrongfully confiscated in June of 1994
and seeks $1,200.00 in compensation.

CRIMINAL MAITERS

us v. Nicolace, FCI Greenville
Inmate received a sentence of 3 7 months, $500 fine, and 3 years of supervised release on charges of
violation of21 USC §§ 841(a)(10) and 846.

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• North Central Region
Regional Counsel Monthly Report
March 2000
Page 6

us v. Grelory, FCI Greenville
US v. Carter, FCI Greenville
These two inmates received sentences of 30 months for escape from camp.

PERSONNEL ISSUES

Janice Bonneville, Paralegal Specialist, FeI Pekin, was infonned she successfully passed the Illinois

Bar Exam.

.

STAFF TRAVEL AND LEAVE
Annual Leave 4121 & 24
None scheduled
None scheduled'
None scheduled
None scheduled
None scheduled
None scheduled

(

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