05/11/1992

05-07-1992

TO:

================

07:11:06

u.s.

STU, PATTY FYI - MIKE P.

GOVERNMENT MEMORANDUM

WALLACE·H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534

FROM:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

*************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1992
JAN FEB MAR APR MAY JON
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 4/30/1992
ALW DAN FAI LEW LOR HCK

NYM

OTV

RBK

SCH

12

30

24

6

7

# PENDING ON FIRST
# RECEIVED IN MONTH
# }~:SWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS
05/11/1992

07:11:11

32 45 60
67 115 117
54 100 107
45 60 70
000

================

TORT CLAIMS (1992)
#
#
#
#
#

31
49
48
32
0

JAN FEB MAR APR MAY JUN

PENDING ON FI~ST 148 159 143 151
RECEIVED IN MONTH 45 38 54 52
ANSWERED IN MONTH 34 54 46 61
PENDING END OF MO 159 143 151 142
OVER 6 MONTHS
0
0
0
0

FOI/PRIVACY (1992)

JAN FEB MAR APR MAY JON

#.PENDING ON FIRST
# RECEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

# PENBING
# INV OVER 60 DAYS
05/11/1992

07:11:17

66
27
34
59
44

4

o

63
61
48
76
36

59
43
39
63
42

12

o

76
47
51
72
47

17

o

24

o

7

o

o

5

o

o

o

================

LITIGATION ACTIVITY, 1992, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
247 253 259 264
# NEW CASES RECD 10
11
17
12
# LIT REP DONE
11
6
11
8
# CASES CLOSED
12
5
11
7

JUL

AUG

SEP OCT NOV DEC

#
#
#
#
#

HABEAS CORPUS
FTCA
BIVENS
OTHER
BIVENS & FTCA

1
2
4
3

o

5
2
1
3

o

7

o
5
5

o

3
1
2
6

o

LITIGATION OF NOTE:
1.

PAZIENZA V. PERRILL, 90-CV-18 (APR . 7, 1992) . (NDNY)

FIVE HABAES CORPUS CASES WERE CONSOLIDATED SINCE EACH CHALLENGED THE BOP
REGULATIONS CONCERNING REFUSAL TO PROVIDE URINE SAMPLE.
INMATES WERE AT
FCI RAY BROOK AT TIME ACTIONS WERE COMMENCED. CHIEF JUDGE MCCURN
05/11/1992

07:11:22

================

APPROVED US MAGISTRATE REPORT. THE DECISION DISMISSED THE CONSTITUTIONAL
CHALLENGE TO THE URINE TESTING REGULATIONS.
THE COURT ALSO UPHELD THE
REBUTTABLE PRESUMPTION FOUND AT 28 C. F.R. 550.30(C) THAT AN INMATE IS
UNWILLING IF A SAMPLE IS NOT PROVIDED WITHIN THE ALOTTED TIME PERIOD. ~H
COURT REVIEWED THE DISCIPLINARY RECORD IN EACH OF THE 5 CASES AND GRAN'l'EC
RELIEF FOR ONE PETITIONER (PAZIENZA) WHO, THE COURT HELD, ADEQUATELY
REBUTTED THE PRESUMPTION OF WILLFULNESS THROUGH MEDICAL INFORMATION. ABSENT THIS PRESUMPTION, THE COURT HELD THAT THERE WAS INSUFFICIENT EVIDENC
TO SUPPORT THE FINDING. THE COURT ORDERED EXPUNCTION OF THE SHOT. THE
COURT HELD THAT REQUEST FOR RESTORATION OF GOOD TIME WAS MOOTED BY THE
PAROLE RELEASE OF PAZIENZA. NO APPEAL IS RECOMMENDED SINCE THE DECISION
IS FAVORABLE EXCEPT FOR THIS ONE FACTUAL ISSUE. THE RECORD BEFORE THE DH
SHOWED MEDICAL PROBLEMS IN URINATION AND PROVIDES SUPPORT FOR THE COURT'S
RULING.
SETTLEMENTS AND AWARDS:
1.

BAILEY V. UNITED STATES, CIVIL NO. 90-2065 (WDPA)

FTCA MEDICAL MALPRACTICE CASE OUT OF FCI LORETTO WENT TO TRIAL FROM APRIL
13 THROUGH APRIL 16, 1992 BEFORE JUDGE ZIEGLER. ON APRIL 23, 1992, JUDGE
05/11/1992

07:11:29

================

FOUND U.S. LIABLE.
INMATE SUFFERRED HEART ATTACK AT FCI LORETTO. THERE
WAS A 12 HOUR DELAY IN REFERRING INMATE TO HOSPITAL.
INMATE HAD A STROKE
A WEEK LATER AND IS PERMANENTLY DISABLED.
COURT AWARDED DAMAGES IN THE
AMOUNT OF $243,000. NO APPEAL RECOMMENDED AS NO GROUNDS TO APPEAL ARE
PRESENT. AMOUNT AWARDED WERE HALF WHAT WAS EARLIER ANTICIPATED.
TRAVEL AND LEAVE SCHEDULE FOR MAY 1992:
DAVE ESSIG
TRAVEL - MAY 19-22 OGC STRATEGIC PLANNING, ANNAPOLIS, MD ??
ANNUAL LEAVE-- NONE
HANK SADOWSKI
TRAVEL--NONE
ANNUAL LEAVE--NONE
TERESA HUGHES--ANNUAL LEAVE AND TRAVEL - NONE SCHEDULED

MIKE TAFELSKI
TRAVEL--NONE
ANNUAL LEAVE--PATERNITY LEAVE PROBABLE DURING THE WEEK OF MAY 11.