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Fbop Ner Monthly Report 1992dec

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01/14/1993

08:54:53

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

01-14-1992
TO:

UNITED STATES 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 JUN
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

NOV

DEC

#
#
#
#
#

30
109
58
81

81
111
122
70

70
108
106
72

72
86
96
62

62
93
129
26

26

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

31
49
48
32
0

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

70 63
70 78
77 111
63 30
0

o

JAN FEB MAR APR MAY JUN

JUL

AUG

SEP

OCT

NOV

DEC

# PENDING ON FIRST 148 159 143 151 142 113
# RECEIVED IN MONTH 45 38 54 52 47 73
# ANSWERED IN MONTH 34 54 46 61 76 58
# PENDING END OF MO 159 143 151 142 113 128
o 0
0
0
# OVER 6 MONTHS
0
0

128
60
47
141

141
79
50
170

170
81
41
210

210
66
80
196

196
56
75
177

177
66
55
188

FOI/PRIVACY (1992)

JUL

AUG

SEP

OCT

NOV

DEC

102
37
42
97
60

97
45
44
98
72

98
29
21
106
87

106
36
12
130
98

130
4
128
125

128
12
44
96
88

TORT CLAIM INVESTIGATION STATUS: AS OF 12/31/1992
ALW DAN FAI LEW LOR MCK NYM

OTV

RBK

SCH

LSCI

8
1

11

20

01/14/1993

08:55:01

JAN FEB MAR APR MAY JUN

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

# PENDING
# INV OVER 60 DAYS
01/14/1993

08:55:11

o

o

o

o

o

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

TORT CLAIMS (1992)

#
#
#
#
#

o

67

53
40

66
27
34
59
44

12

o

59
43
39
63
42

63
61
48
76
36

9

o

76
47
51
72
47

27

o

76
16 88
12 62
76 102
63 46
72

47
16

o

o

12

12

28

3

1

1

JUL
296
30
21
12

AUG
312
26
20
10

7

9
3

o

o

o

o

6

o

o
o

o

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

LITIGATION ACTIVITY, 1992, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
247 253
259 264 273 278
# NEW CASES RECD 10
11
17
12
20
21
# LIT REP DONE
11
6
11
8
23
16
# CASES CLOSED
12
5
11
7
11
15
# HABEAS CORPUS
1
5
7
3
12
5
# FTCA
2
2
0
1
0
1

o

SEP OCT NOV DEC
322 281 205 215
18 20 27 21
22 18 21 19
8
61 103 11
6
15
7
6
2

4

4

1

# BIVENS
# OTHER
# BIVENS & FTCA

4
3

1
3

o

o

5
5

o

2
6

o

4

3
1

8
7

o

13
10

o

6
6
2

4
5
1

9
1

o

5

6

3

4
3

o

LITIGATION OF NOTE:
1.

ROBERT REGO V. UNITED STATES,

CIVIL NO. 92-6547 (EDPA)

INMATE REGO WAS REMOVED FROM FPC MAXWELL AIR FORCE BASE TO TESTIFY FOR THE
UNITED STATES IN A MAJOR TRIAL IN PHILADELPHIA.
ONE WEEK AFTER ARRIVAL,
REGO FILED A HABEAS CORPUS PETITION REQUESTING IMMEDIATE RELEASE THROUGH A
CCC OR IMMEDIATE HOME CONFINEMENT. REGO HAS PRESUMPTIVE PAROLE DATE OF
APRIL 25, 1993. COURT HELD HEARING ON THE PETITION ON DECEMBER 7, 1992.
US ATTORNEY'S OFFICE SUPPORTED REGO'S REQUEST FOR EXTENDED PLACEMENT, BUT
01/14/1993

08:55:22

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

DEFERRED TO BOP. HANK SADOWSKI REPRESENTED BOP AT HEARING. ON DECEMBER 14,
1992, DISTRICT COURT DISMISSED PETITION FOR LACK OF JURISDICTION OVER
WARDEN, FAILURE TO EXHAUST, AND ON MERITS.
2.

U.S. V. FRANK SMITH, 90 CR 504 (EDNY)

INMATE SMITH, 38273-019, WAS SERVING A NEW YORK STATE SENTENCE AND BROUGHT
INTO FEDERAL CUSTODY VIA WRIT AD PROS.
IN JULY 1992 FEDERAL JUDGE IMPOSED
3 YEAR SENTENCE CONSECUTIVE TO THE STATE TERM. THE COURT PROVIDED IN THE
SENTENCE AND IN THE RECOMMENDATION THAT THE FEDERAL SENTENCE BE SERVED
FIRST, THEN SMITH IS TO BE RETURNED TO STATE CUSTODY.
BY LETTER, WE
NOTIFIED THE COURT THROUGH THE U.S ATTORNEY'S OFFICE THAT WE COULD NOT
COMPLY BECAUSE THE STATE SENTENCE CONTINUED TO RUN.
DEFENSE COUNSEL MOVED
TO REDUCE SENTENCE UNDER OLD RULE 35(B). IN THE PLEA BARGAIN, AU SA AGREED
NOT TO OPPOSE REQUEST FOR SERVICE OF FEDERAL SENTENCE FIRST.
HANK
SADOWSKI APPEARED BEFORE JUDGE GLASSER ON JANUARY 4, 1993 AND PRESENTED
BOP POSITION. JUDGE GLASSER STATED HE WILL TAKE CASE UNDER ADVISEMENT
AND ENTER HIS RULING. WE ARE SEEKING TO RETURN INMATE TO STATE.
3.

LOUIS BOURGEOIS V. UNITED STATES, 3:CV-91-197 (MDPA)

FTCA CASE BROUGHT BY INMATE AT USP LEWISBURG REQUESTING DAMAGES FOR A SLIP
01/14/1993

08:55:30

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

AND FALL DOWN STEPS IN SEPTEMBER 1990. COURT HAS DISMISSED CLAIMS BASED
ON INADEQUATE MEDICAL CARE FOR KNEE INJURY.
INMATE ASSERTS U.S. LIABLE
BECAUSE NEGLIGENT MAINTENANCE OF STEPS CAUSED HIM TO FALL.
CASE ON TRIAL
CALENDAR IN MDPA. A PRETRIAL CONFERENCE IS SCHEDULED FOR JANUARY 12, 1993
IN WHICH MAGISTRATE JUDGE BLEWITT IS EXPECTED TO EXPLORE SETTLEMENT. HOPE
MORO, USP LEWISBURG ATTORNEY, WILL ASSIST AUSA AT CONFERENCE. MEDICAL
EVIDENCE SHOWS NO PERMANENT DAMAGE TO KNEE. SETTLEMENT IS NOT EXPECTED.
~ 4.

WORTHINGTON V. BUREAU OF PRISONS, CIVIL NO 89-7048 (SDNY)

FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
IMPROPER TREATMENT AT FCI OTISVILLE.
INMATE WAS RECEIVED AT FCI OTISVILLE
IN JANUARY 1987 WITH ADVANCED GLAUCOMA IN LEFT EYE. HE LOST HIS VISION IN
LEFT EYE LATER THAT YEAR.
EXTENDED SETTLEMENT CONFERENCE SCHEDULED FOR
JANUARY 21, 1993 AT WHICH EACH SIDE IS TO SUMMARIZE BEST CASE. HANK
SADOWSKI WILL ATTEND SETTLEMENT CONFERENCE. THERE IS POTENTIAL FOR U.S.
LIABILITY.

.

".

.

'. , -

.
SETTLEMENTS AND AWARDS
1.

RICHARD YOUNG V. KEOHANE, CIVIL NO. 88-1995 (MDPA)

/14/1993

08:55:40

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

INMATE YOUNG FILED THIS COMBINATION FTCA AND BIVENS CASE CHALLENGING
TREATMENT WHILE HELD AS PRETRIAL DETAINEE AT USP LEW FROM JUNE 88 THRU
OCTOBER 1988. JUDGE CONABOY DENIED MOTION FOR SUMMARY JUDGMENT FOR MOST
BOP DEFENDANTS.
PRETRIAL CONFERENCE HELD BEFORE JUDGE CONABOY ON DEC. 15,
1992. USP LEWISBURG MIKE TAFELSKI ASSISTED AUSA AT CONFERENCE. AUSA WAS
ABLE TO WORK OUT SETTLEMENT OF CASE UNDER STIPULATION FOR FTCA RECOVERY IN
AMOUNT OF $500.00.
(NOTE: THIS IS NOT THE SAME INMATE YOUNG IN YOUNG V.
QUINLAN, 960 F.2D 351 (3D CIR . 1992), WHICH IS STILL IN DISCOVERY.)
2 . JACOB V. LUTHER, CIVIL NO. 91-7483
(EDPA)
JACOB V. SULLIVAN, CIVIL NO. 91-7484 (EDPA)
TWO CONSOLIDATED FTCA CASES FILED BY FORMER INMATE CRAIG JACOB, 97763-024
WERE SCHEDULED FOR TRIAL ON JANUARY 11, 1993.
EACH CASE INVOLVED LOST
PROPERTY . NER ATTORNEY AZZMEIAH VAZQUEZ-SPICER ASSISTED AUSA.
PLAINTIFF
FAILED TO APPEAR FOR TRIAL AND JUDGE GRANTED AUSA'S MOTION TO DISMISS
WITH PREJUDICE FOR LACK OF PROSECUTION.

/:L1t. 1993

08:55:47

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

TRAVEL AND LEAVE SCHEDULE FOR JANUARY 1993
DAVE ESSIG TRAVEL--JAN 25-29 --MSTC AURORA FOR DHO TRAINING
ANNUAL LEAVE--NONE SCHEDULED
HANK SADOWSKI
TRAVEL--JAN. 4 - US DISTRICT COURT - EDNY - US V. SMITH
JAN. 17 - US DISTRICT COURT -SDNY - WORTHINGTON V. US
ANNUAL LEAVE--NONE SCHEDULED
AZZMEIAH VAZQUEZ-SPICER
TRAVEL--JAN. 11 - US DISTRICT COURT - EDPA - JACOB V. LUTHER
ANNUAL LEAVE--NONE SCHEDULED
TERESA HUGHES, PARALEGAL SPECIALIST, REPORTED TO FCI FORT DIX ON
JANUARY 11, 1993.

,

 

 

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