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Fbop Ner Monthly Reports 1997jul-nov

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UNITED STATES GOVERNMENT

memorandum
Date:
Repl.y to

Attn of:

August 11, 1997
Henry J. Sadowski, Regional Counsel, Northeast Region
Federal Bureau of Prisons, Philadelphia, PA 19106

(Alc(ll)) ~

Subject: t . MonthiY···Report·/:~i~.. J1i1Y!~19·97·::·

To:

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 64 66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans'd in month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
Over 30 days
0
0
000
o

JUL AUG SEP OCT NOV
159
133
176
116

o

B. Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 243 202 221 215 232 252
Rec'd in month 53 67 69 58 63 65
Recons. rec'd
6
7
952
4
Ans'd in month 100 55 84 46 45 94
Pending at End 202 221 215 232 252 227
Over 180 days
0
0
o
000
C. Tort Claim Investigation Status:

JUL AUG SEP OCT NOV
226
40
3
112
157
0

As of July 31, 1997

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK

SCH
Pending
OVer 60 days

•

2
0

5
0

4
0

0
0

2
0

4
1

2
0

14
0

25
0

3
0

6
0

8
1

3
0

2
0

D. FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV

7
0

•
DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

34
35
30
39
14

39
34
28
45
17

45
28
29
44
16

44
34
27
51
17

44
41
17
68
27

68
48
40
75
27

75
22
27
70
48

-2-

E. FOIA Requests for records:
Pending
Over 30 days

II.

As of July 31, 1997

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH
0
0
1
2
1
7
1
3
4
1
6
0
1
2
3
0
0
0
0
0
2
1
0
0
0
1
0
0
0
2

LITIGATION ACTIVITY - 1997 NORTHEAST REGION

A. SUMMARY REPORT
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

574 576 573 579 585 600 618
16 15 22 23 17 23 32
8
8
3 11 18
4
9
5
5
3
4
4
2
4
3
6
4
7
8
5
7
5
0
1
4
2
3
1
0
2
0
0
0
1
2
7
6
8
8 10
8
9
8 14
12 13 25 17 11

B. SETTLEMENTS AND AWARDS:
1. None
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
1) Roussos v. Menifee, No. 97-7011, 1997 WESTLAW 401319 (3d
Cir. )
On July 18, 1997, a mere ten days after oral argument, the
Third Circuit, following the 9th Circuit decision in Downey,
held that the BOP could not use the two point firearm
enhancement to find a "crime of violence" for purposes of
denying 3621{e} eligibility.
As small consolation, the Court of Appeals did agree with
our position that the appropriate remedy was to remand the
case for the Bureau to reconsider Inmate Victor Roussos,
30950-054, eligibility consistent with the court decision
(not to order immediate release).

2) United States v. Perafan-Homen, Crim. No. ----(S.D.N.Y.)
The attorney for Pastor Perafan-Homen, Reg. No. 53476-053,
(the last leader of the Cali Cartel to be incarcerated)
filed a motion with the sentencing court to have him
released into general
-3population.
Dominique Raia convinced the judge that a
motion before the criminal judge is not the proper
jurisdiction basis for such a challenge. After
investigation into his continued placement in administrative
detention, he was released into general population.
3) M.B. v. Reish, No. 96-2347

(2d Cir. July 30, 1997)

On July 31, 1997, the Court of Appeals affirmed the decision
of the district court in favor of the Bivens defendant in
this case. WITSEC inmate M.B. appealed the grant of summary
judgement to 9 MCC NY staff members in a Bivens action in
which he alleges that alleged that adjudication of
disciplinary charges violated his constitutional ri~hts.
Plaintiff contended that the district court did not notify
him of the consequences of defaulting on defendants' summary
judgment motion, even though he had submitted a voluminous
response.
Oral argument was heard on July 18, 1997.
4) McCarthy v. United States, No. 96-7701 (3d Cir) .
On July 21, 1997, the Third Circuit heard oral argument in
this appeal of a habeas corpus denial.
Inmate Arthur
McCarthy, Reg. No. 49352-080, filed the petition challenging
the recalculation of his federal .sentence days before his
"parole eligibility" date (after it was determined that the
sentence had been improperly computed). This calculation
changed the inmate's parole eligibility date from February
9, 1996 to September 20, 1998.
Petitioner alleged, inter
alia, that the BOP was estopped from performing the
recalculation since the Petitioner had relied on it.
He
also alleged the recalculation was in retaliation for the
Plaintiff receiving a settlement in an FTCA action he
brought alleging negligent medical care. On October 29,
1996, the District Court denied the petition stating that
the sentence computation was a proper exercise of BOP's
discretion. Mike Tafelski assisted the AUSA at the argument
before the Third Circuit.
5) Michael Lloyd v. Ronald Levine, et.

~l.,

No. 96- ,

(3d

Cir)
On July 21, 1997, the Third Circuit also heard oral argument
concerning the dismissal of a Bivens complaint relating to
CCC denial.
In July 1996, inmate Michael Lloyd, Reg. No.
44935-066, filed, through counsel, a request for preliminary
injunction and a Bivens complaint alleging that the decision
of the Warden at FCI Ft. Dix to deny him CCC placement was
based upon the improper influence and retaliatory motives of
the prosecuting AUSA and
-4-

sentencing Judge. On November 4, 1996, the district court
granted Defendants' Motion for Summary Judgement stating
that "decision to deny plaintiff CCC placement is not
judicially reviewable absent a constitutional violation" and
no reasonable fact finder would find one in this case. The
district court also held it did not have personal
jurisdiction over AUSA and FBI agent and that AUSA and Judge
have absolute immunity. The Court of Appeals focused on the
absolute immunity question.
6) Moore v. Agusto, 93 Civ. 4835 (MGC)
On July 21, 1997, a trial commenced in this Bivens case in
which the plaintiff, inmate Christopher Moore, Reg. No.
39228-053, alleged excessive use of force was used when
removing him from the roof top recreation area at MCC NY.
Plaintiff testified that after he refused to put on his
orange jumpsuit, he was grabbed and dragged into the grill
area and beat up by two staff members.
Plaintiff claimed
that a third staff member grabbed his head and slammed it
against the wall.
Plaintiff claimed that when he regained
consciousness he was suspended in the air with both feet off
the ground.
Plaintiff also alleged he heard staff indicate
that they were going to throw him down the stairs.
Plaintiff contended he has permanent injury to his shoulder.
During the trial, numerous depositions were also permitted
by the Court. On July 23, 1997, after two hours
deliberations, the jury returned a verdict in favor of each
defendant.
Dominique Raia and James Vogel assisted.
7) United States v. Carrillo, Crim. No.

•

------- (S.D.N.Y.)

On July 22, 1997, an emergency hearing was called by Judge
Batts in regard to the housing locations of inmate Xavier

•

Carrillo, Reg. No. 37934-054, and Julio Carillo-Sanchez,
Reg. No. 37295-054.
Judge Batts misunderstood the request
of the inmate's attorney --she thought it was a security
concern.
When the court learned it was just a matter of
inmate preference and there were legitimate management
concerns of MCC, the court deferred to the MCC.
Dominique
Raia assisted the AUSA.
8) United States v. Fredrick Butler,
Crim.No.97-CR-846(E.D.N.Y.)
On Wednesday, July 30, 1997, the SIS Lieutenant at MDC
Brooklyn testified in the above-referenced case with regard
to the telephone recording procedures used at MDC Brooklyn.
Paralegal Specialist James Vogel assisted at the hearing.
-5-

D. RELIGIOUS CASES:
No new cases and no significant
information concerning pending cases.
E. ENSIGN AMENDl-fENT CASES:
1.

Wolf v. Hahn, et. ale ,CV 97-8 Erie (W.D.Pa.)

As discussed last month, inmate Carl Wolf, Reg. No.
40661-066,
has filed a Bivens complaint in which he challenges the
implementation of the Ensign Amendment and "no frills"
prison amendments.
He did not exhaust his administrative
remedies. As of July 7, 1997, the case is being handled by
the Main Justice.
F. PLRA 1915 DISMISSALS:

None.

III. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1997:
Hank Sadowski Travel - None
Annual Leave - August 25 - 29, 1997
Mike Tafelski Travel - August 18 - 21, 1997 -- LEW/ALW Tour with
Polish Correctional Officials and with General Counsel
Annual Leave - None Scheduled

•

Joyce Horikawa Travel - None
Annual Leave - August 8 - 18, 1997
Ron Hill Travel - None Scheduled
Annual Leave - None scheduled
Rosalind Bingham Travel - None scheduled
Annual Leave - August 18 and August 22, 1997
cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

UNITED STATES GOVERNMENT

memorandum
Date:

Reply to
Attn of:
Subject:

To:

September 12, 1997
Henry J. Sadowski, Regional Counsel, ~ortheast',Regidn
Federal Bureau of Prisons, Philadelphia, PA 19io6 ," .

\Mc:>DthJ:y

Report -' Au'~~~:<1~:97J

Wallace B. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 64 66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans'd in month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
o 0 o 0 o
Over 30 days
0
B. Administrative Tort

Cla~s

JUL AUG SEP OCT NOV
159
133
176
116

o

116
125
129
112

o

- 1997

JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 243 202 221 215 232 252
Rec'd in month 53 67 69 58 63 65
Recons. rec'd
6
7
952
4
Ans'd in month 100 55 84 46 45 94
Pending at End 202 221 215 232 252 227
Over 180 days
0
0
000
0
C. Tort Claim Investigation Status:

JUL AUG SEP OCT NOV
226 157
40 50
3
1
112 39
157 169
o 0

As of August 31, 1997

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK
SCH

Pending
4
3
4
1
1
6
5 12 26
2
5
4
Over 60 days
0
0
0
0
0
1
0
1
*
0
1
0
* Due to lockdown at LEW no number will be reported.

3
0

0
0

D. FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV

10
0

DEC
Pending on 1st
Rec ' d in month
Ans ' d in month
Pending at End
Over 30 days

34
35
30
39
14

39
34
28
45
17

45
28
29
44
16

44
34
27
51
17
- 2-

E . FOIA Requests for records:

44
41
17
68
27

68
48
40
75
27

75
22
27
70
48

70
55
71
54
23

As of August 31, 1997

ALF ALM ALP ALW BRa DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
4
4
Pe n d ing
0
1
1
0
0
0
2
5
0
0
0
5
0
1
0
1
0
0
0
0
Over 30 da ys
0
0
0
2
0
0
0
*
* Due t o l o ckdo wn a t LEW no d at a will be r e port ed .

II.

LITIGATION ACTIVITY - 1997 NORTHEAST REGION

A . SUMMARY REPORT

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

574 576 573 579 585 600 618 622
16 15 2 2 23 17 23 32 25
8
4
9
8
3 11 18 15
4
4
4
3
5
5
2
3
7
5
6
3
4
7
8
6
2
3
1
1
1
0
4
5
2
0
0
1
0
0
2
0
7 14
8
8
9
6
8 10
8 14 21
12 13 25 17 11

B. SETTLEMENTS AND AWARDS:

1 . Oriahki v . U. S ., 3 : CV-95 - 2114 (M.D . Pa) - Inmate Felix
Oriahki , Reg. No . 51338 - 079 signed a stipulation agreement
to settle for $176 . 50 .
FTCA case involved allegatio n s of
loss of property which was mailed overseas . BOP had no
evidence staff actually mailed it . U. s . Magistrate Judge
recommended our motion for summary judgement be denied .
2 . Admin i strator of Estate of Harris v. U. S ., 96 - 6549(E . D. Pa)
- FTCA case settled for $1,500 . 00 . Case involved
allegations of medical malpractice (delay in receiving
appropriate eye care) filed by former inmate Wi l liam Harris ,
Reg . No. 44917 - 066.
Government ' s expert indicated potential
liability .
Death of inmat e unrelated t o issues in case.

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

1 . Drino v . Wigen , et . al ., Civil No . 96 - 7308 (E . D.Pa . ) This Bivens case went to trial in Philadelphia on Tuesday ,
August 12 , 1997 .
It was filed by FCI Schuylkill inmate Gary
Drino , Reg . No. 02906 - 015 , as a result of an incident report
he received for "Assaulting any Person" (Code 224) after an
altercation with his
- 3-

cellmate .
Plaintiff , who was found to have committed the
prohibited act , alleges the finding was racially motivated .
The inmate ' s administrative remedy appeals were denied.
The
bench trial lasted one day . The Court ruled in favor of the
defendants . The AUSA is interested in pursuing PLRA
sanctions based on the inmate testifying falsely .
2 . United States v . Hammer , M. D. Pa . -- Inmate David Hammer ,
34507 - 077 , is charged with the murder of another inmate at
USP Allenwood.
On August 22 , 1997 , a hearing was held to
determine whether the government would be required to
disclose the home addresses of witnesses (non BOP staff) and
prospective jurors in the criminal trial . Additional issues
involved the use of telephones and mail by the inmate and
his attorney.
Teresa Cruse assisted the AUSA .
3 . United States v. Paraffin - Homen , Crim . No . ----(S . D. N.Y.)
In early August , the attorney for Pastor Perafan - Homen , Reg .
No . 53476 - 053 , (the last leader of the Cali Cartel to be
incarcerated) filed a motion with the sentencing court to
have him released into general population .
Dominique Raia
convinced the judge that a motion before the criminal judge
is not the proper jurisdiction basis for such a challenge .
His attorney then filed a Petition for Writ of Habeas
Corpus .
Responsive papers were filed, including an
affidavit by Warden Hasty . Oral argument was held on August
15 , 1997 , before the Honorable Sidney H. Stein .
Recognizing
the discretion accorded to the Bureau of Prisons and the
petitioner ' s failure to demonstrate that the Bureau of
Prisons has abused that discretion , Judge Stein denied the
Writ .
On that same day , Paraffin - Homen ' s attorney filed an
expedited appeal in the Second Circuit .
Respondent ' s brief
is due September 15 , 1997 . The Petitioner's reply is due

September 24, 1997. On or about September 29, 1997, oral
arguments will be heard.
4. Donovan Tulloch, et ale v. U.S., 92-Civ.-4866 (S.D.N.Y).
This is an FTCA claim filed in June 1992.
Six inmates from
brought suit alleging that, on June 27, 1991, the
institution's elevator suddenly plunged downward (with them
on it) and came to rest in the basement area. As a result
of this incident, the inmates alleged to have sustained
injuries.
Settlement negotiations were attempted but failed
after unreasonable demands by the Plaintiffs. Trial is
scheduled for September 29, 1997.
-4-

5. U.S. v. RUsso, et al., 96-CR-696 (S-2) (D.R.H.) -- On
August 12, 1997, the MCC New York Legal Department received
a copy of a proposed order requiring MCC New York to
continue to house inmate Andrew Russo, Register Number
15043-053, until such time as he can make bailor there is a
final disposition of the referenced case.
The AUSA did not
have any objections to the Order.
In a letter dated August
12, 1997, Warden Hasty expressed his objections to an order
directing MCC New York to continue to house inmate Russo. A
status conference was held on August 13, 1997, but the
Magistrate Judge did not rule since the district court had
not ordered him to render a decision. The inmate's attorney
wrote Judge Hurley asking that he consider the proposed
Order. On August 25, 1997, a copy of Warden Hasty's letter
to the Magistrate Judge was faxed to Judge Hurley.
To date,
no ruling has been made.
6. U.S. v. Motto, Crim No.
(E.D.PA) - On August 22,
1997, a hearing concerning the sentence computation of
inmate William Motto, Reg. No. 35088-066 was held in front
of Judge Shapiro. Originally, the Court ordered a sentence
of 34 days for probation violation. The inmate was released
by FCI Fairton since his presentence credit amounted to over
34 days. The court's intention was that the inmate served
an additional 34 days from date of sentence. At the hearing
of August 22, 1997, the court vacated the earlier sentence
and ordered a 74 days sentence to approximate her intended
release date for the inmate. Assisting the AUSA was Bobbie
Truman, Attorney Advisor at FCI Fairton.
7. United States v. Paul Rivera, Crim.No.---(E.D.N.Y.)
On August 12, 1997, Lieutenant Pitts of MDC Brooklyn

testified at the request of the AUSA concerning the
institutional adjustment and disciplinary history of the
defendant, inmate Paul Rivera, Reg. No. 46704-053. in the
above-referenced case with regard to the telephone recording
procedures used at MDC Brooklyn. Azzmeiah Vazquez, Attorney
Advisor, MDC Brooklyn, assisted at the hearing.
D. RELIGIOUS CASES:
No new cases and no significant
information concerning pending cases.
E. ENSIGN AMENDMENT CASES: No new cases and no significant
information concerning pending cases.
-5-

F. PLRA 1915 DISMISSALS:

None.

III. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1997:
Sadow~ki Travel - 9/9/97 -- Staff assist visit to MCC NY.
9/11/97 -- FCC ALW Sewer meeting in
Harrisburg.
Annual Leave - None scheduled

Hank

Mike Tafelski Travel - None scheduled
Annual Leave - None Scheduled
Joyce Horikawa Travel - None scheduled
Annual Leave - None scheduled
Ron Hill Travel - None Scheduled
Annual Leave - None scheduled
Rosalind Bingham Travel - None scheduled
Annual Leave - None scheduled

cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel

All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC,·Aurora

,
UNITED STATES GOVERNMENT

memorandum
Date:

Reply to
Attn of:

October 7, 1997
Henry J. Sadowski, Regional Counsel, 'N'6~th'~:a'~tr;~~R~~l;Qif
Federal Bureau of Prisons, Philadelphia, PA 19106
.,

Subject: ,.~oilt~~y'·~':Ritp·or~?r ;:;::::s~pteiliber'(,11'9 97~;~

To:

Wallace B. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534·

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 64 66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans'd in month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
0
0
0
0
0
0
Over 30 days

JUL AUG SEP OCT NOV
159
133
176
116
0

116
125
129
112
0

112
147
128
130
0

B. Administrative Tort Cl.aims - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 243 202 221 215 232 252 226 157 169
Rec'd in month 53 67 69 58 63 65 40 50 52
6
7
3
0
9
5
2
4
1
Recons. rec'd
Ans'd in month 100 55 84 46 45 94 112 39 52
Pending at End 202 221 215 232 252 227 157 169 169
Over 180 days
0
0
0
0
0
0
0
0
0
C. Tort Claim Investigation Status:
1997

As of September 30,

ALF ALM ALP ALW BRO DAN FAl FTD LEW LOR MCK NYM OTV RBK
SCH

Pending
4
7
7
1
2
8
6 13 32
2
6
2
OVer 60 days
0
0
0
0
0
1
0
2
* 1 2 0
* Due to lockdown at LEW no number will be reported.

1

0

2

0

0

0

r

D. FOI/Privacy Act Requests - 1997

JAN FEB MAR APR MAY JUN JU L AUG SEP OCT NOV
DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pend i ng at End
Over 30 days

34
35
30
39
14

39
34
28
45
17

45
28
29
44
16

44
34
27
51
17

E . FOIA Requests f or records:

44
41
17
68
27

68
48
40
75
27

75
22
27
70
48

70
55
71
54
23

54
39
58
35
20

As of September 30, 1997

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
1
0
1
1
Pending
0
0
0
1
0
0
0
0
4
1
1
1
0
Over 30 days
0
0
0
1
0
0
0
0
*
0
1
o o
* Due to lockdown at LEW no data will be reported.

II.

LITIGATION ACTIVITY - 1997 NORTHEAST REGION

A. SUMMARY REPORT

JAN FEB MAR APR MAY JUN JUL AUG SEP OC T NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Othe r
Bivens/ FTCA
Lit Reports
Cases Closed

574 576 573 579 585 600 61 8 622 626
16 15 22 23 17 23 32 25 33
849
8
3 11 18 15 20
4
3
1
552
434
7
347
7
6
865
4
1
0
4
253
1
1
020
2
o 1
1
00
7
14 1 2
8
6
8 10
8
9
12 13 25 17 11
8
14 2 1 1 2

B. SETTLEMENTS AND AWARDS:

1) Tu l loch et. al. v. U.S ., 92-4866 (SONY) - FTCA case filed
in June 1 992 filed by six inmates who allege tha t wh ile o n
the eleva t o r at MCC new York en r ou te to t h e roo f a re a t he
elevator suddenl y plunged to the baseme n t. On t h e eve o f
tria l, and facing potent i a l l iab ili ty as a resu lt of
overc rowd i ng on the e l evator and evi d e n c e of inju ri e s , a
sett l ement was reached . The amounts var i ed by inmate wi th a
total of nea rl y $90 , 000.00.

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

1) United States v. Coleman, Crim. No. ---- E.D.PA -- On
September 8, 1997, an evidentiary hearing was held in this
criminal prosecution before Judge Robert Kelly in the United
States District Court for the Eastern District of
Pennsylvania.
Defendant, Arthur Coleman, Reg. No.
01030-158, was charged with escape for failing to return to
his community corrections center after a weekend pass. He
maintained that technically he did not escape because at the
time he failed to return to the CCC he was not in lawful BOP
custody, since, he alleged, his prior sentence had expired.
Tom Peoples, Regional Community Corrections Inmate Systems
Specialist appeared as a witness on behalf of the United
States. He testified as to the manner in which the
defendant's sentence was computed and that according to his
audit the computation was correct. The judge ruled from the
bench that the defendant was in lawful BOP custody at the
time of his escape. Assistant Regional Counsel Joyce
Horikawa assisted the AUSA at the hearing.
2) Wang v. Department of Justice, et. ale ---- E.D.PA. On
September 8, 1997, via a conference call, the Judge
permitted the Plaintiff's attorney to withdrawal, without
prejudice, the pending request for injunctive relief.
Plaintiff Helen Wang is the attorney who was stopped at USP
Lewisburg in February 1997, with six rounds of ammunition in
her briefcase. As a result of that action, and the pending
criminal investigation by the U.S. Attorney's office, Ms.
Wang was prohibited from entering various federal
institutions by the respective Wardens pending completion of
the investigation. Her attorney requested injunctive relief
(lifting of an alleged nationwide ban during investigation).
The matter was held in abeyance by the Court pending the
completion of the criminal investigation. The AUSA declined
prosecution. The Plaintiff was informed by the BOP to
initiate a request to the Warden at each institution as it
is within his/her discretion to allow Ms. Wang to visit.
Michael Tafelski assisted the AUSA during the call.
3) United States v. Molinari, Criminal No. 95-672 (E.D.PA) On Friday, September 12, 1997, a sentencing hearing was held
in the above-referenced criminal case. At issue, as far as
the BOP was concerned, was the Defendant's argument for a
downward departure

based upon the argument that the BOP could not house, care
for and treat this defendant. Defense counsel argued that
Mr. Molinari had an extensive documented history of

agoraphobia and panic attacks and that incarceration would
result in immediate death. Dr. Gerard Bryant, Northeast
Regional Psychology Services Administrator, testified at
length concerning the BOP's ability to manage this inmate.
Specifically, Dr. Bryant informed the court of numerous
agoraphobics that are currently being managed in the system.
The Judge agreed the BOP could properly house the defendant
and sentenced the defendant to a 71 month term of
imprisonment.
4) Stiver v. Meko, 96-3400 (3d Cir) --- This habeas case was
argued before the Third Circuit Court of Appeals, on Tuesday
September 23, 1997. Appellee Robert C. Stiver, 04540-068,
is an inmate at FCI McKean. He alleged that he was
unlawfully denied 3621(e) early release eligibility because
of prior convictions for aggravated assault and armed
robbery. Through his appointed attorney, he argued that the
decision to include prior violent offenses when determining
early release eligibility for completion of the Drug Abuse
Program violates the Double Jeopardy and Ex Post Facto
Clauses of the United States Constitution. Paul Brysh, AUSA,
W.D.Pa. represented the Bureau and did an outstanding job.
Joyce Horikawa sat at counsel table and provided assistance
during the argument. The focus of the argument was whether
the Bureau of Prisons use of a prior conviction for robbery
and aggravated assault to exclude an inmate from early
release eligibility was a reasonable interpretation of 18
USC Section 3621(e). The Court of Appeals took the case
under advisement.
5) United States v. Brian Brennan, 97 Cr. 393 (SDNY) - On
September 16, 1997, Raymond Voulo, M.D., MCC New York Health
Services Department met with AUSA Andrew J. Frisch regarding
the criminal case of United States v. Brian Brennan, 97 Cr.
393 (DGT). Further, Physicians Assistant Ruben Ustarus and
AUSA Frisch had a telephone conference on September 23,
1997. Mr. Frisch considers both Dr. Voulo and P.A. Usterus
as potential witnesses in the referenced case. Mr. Frisch
seeks to have Dr. Voulo and P.A. Ustarus establish at trial
that inmate Brennan, 48126-053, was addicted to heroin upon
his admission to MCC New York. During inmate Brennan's
admission to MCC New York on or about April 2, 1997, he told
the Physician's Assistant that he
used heroin six days a week and that he had last used the
narcotic two hours prior to his medical screening. Inmate
Brennan was referred to detox. Staff Attorney Clinton
Stroble attended the meeting. Trial is scheduled for
October 20 and 21, 1997~

6) United States v. Kelp, et. al ., Criminal No. 97-14
(E . D.PA) - On Wednesday , Sept embe r 23 , 1997, a sentencing
hearing was held in the above - referenced criminal case . The
case involves the prosecution and conviction of three
individua ls who were formerly correctional officers at the
local county jail. One of the issues was whether the BOP
could house these individuals safely . An affidavit was
s ubmitted by the Regional Designator and testimony was
expected to be provided by the Assistant Correctional
Programs Administrator . Joyce Horikawa has been assisting
the AUSA.
During the hearing, the Judge did not provide the
AUSA the opportunity to present the BOP's position .
Under the Supreme Court decision in Koon, the court found
that the possible risk to the defendants in prison was
justification to support a downward departure from the
sentencing guidelines. The court imposed sentences of two
defendants (the third was continued) of 51 and 41 months,
roughly half of the sentencing guidelines.
7) United States v. Clements , Criminal No. 97 (E.D . PA) On
Tuesday, September 30 , 19 97 , a conference call was held with
the District Court concerning the available psychological
treatment available to the defendant , inmate Donald Patrick
Clements, 12 847 -0 56 . While housed at Fcr Schuylkill serving
a federal sentence , inmate Clemens assaulted a correctional
officer. After he was convicted , and prior to sentencing ,
the court ordered a mental examination be performed at FCr
Butner. The study concluded that the inmate has an Axis 2
personality disorder . Defense counsel , in an effort to get
a downward departure for post-conviction rehabilitation,
requested an order to have the BOP house the defendant at
FCr Butner so he could recei ve "intensive therapy'.
During
the conference call with Judge Van Antwerpen , Michael
Tafelski explained that , according to the BOP's
psychologists, the services availab le at the inmate's
designated institution (USP Atlanta) were appropriate and
the same as any other facility for treating this indi vidua l.
The Judge, in denying defense counsel 's motion, stated that
he was
deferring to the expertise and opi nion of the BOP.
No new cases and no significant
information concerning pending cases .

D. RELIGIOUS CASES:

E. ENSIGN AMENDMENT CASES : No new cases and no significant
information concerning pe n ding cases.
F . PLRA 1915 DISMISSALS : Toolasprashad v . Lane , 4:CV-97-0691
MDPa
III. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1997:
Hank Sadowski - Travel - October 21 - 24 - - OGC Meet i ng/New
Attorney Training
Annual Leave - None scheduled
Mike Tafe l ski - Travel - None sch eduled
Annual Leave - October 9 - 10
Joyce Ho r ikawa - Travel - None schedu l ed
Annual Leave - October 27
Les Owen training

Travel - October 20 - 24 New Attorney
Annual Leave - None Schedu l ed

Ron Hi ll -

Travel - None Schedu l ed
Annual Leave - None scheduled

Ros Bingham-

Trave l - None schedu l ed
Annua l Leave - None scheduled

cc : Reg i ona l Director , NER
Deputy Regional Director, NER
Al l NER CEOs
All Regional Counsel
Al l NER institution attorneys and pa r alegals
At t orneys at GLYNCO a n d MSTC, Aurora

•

/

UNITED STATES GOVERNMENT

"?-,,

memorandum
Date:

November 6, 1997

Reply to Henry J. Sadowski, Regional counsel~~Northea$t Region
Attn of: Federal Bureau of Prisons, Philadelphia, PA 19106
~-"'"

Subject:

To:

,,::~

"

'~nth1y

Report -

Octobe~.,·199.'7::

Wa11ace B. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SmomRY' REPORT

A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 64 66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans'd in month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
Over 30 days
0
o 0 o o o

JUL AUG SEP OCT NOV
159
133
176
116

o

1i6
125
129
112
0

112
147
128
130

o

130
146
157
119
0

B. Administrative Tort C1aims - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 243 202 221 215 232 252
Rec'd in month 53 67 69 58 63 65
Recons. rec'd
6
7
952
4
Ans'd in month 100 55 84 46 45 94
Pending at End 202 221 215 232 252 227
Over 180 days
0
0
000
0

c.

Tort

Cla~

Investigation Status:

JUL AUG SEP OCT NOV
226 157 169 169
40 50 52 74
3
1
o 1
112 39 52 69
157 169 169 175
o 0 o 0

As of October 31, 1997

ALP ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK
SCH

Pending

2

6

3

1

3

4

4

8

OVer 60 days

0

0

0

0

0

1

0

1

32

*

1

3

4

5

1

4

0

0

0

0

0

0

* Due to lockdown at LEW no number will be reported.

o

concerning the property forms contained in their respective
central files. On October 31, 1997, inmate Fowler was found
guilty of the March 1992 murder of inmate David Hoover, Reg.
No. 28852-054. On November 3, 1997, inmate Holiday was
acquitted of all charges.
2) Craveiro v. Reno, et. ale ~nd Nyhuis v. Reno, et. ale -WDPA
On October 30, 1997, a conference call was held concerning
the Plaintiff's request for a TRO to prevent the November 1,
1997, implementation of the BOP's revised Program Statement
regarding Inmate Personal Property. Taking part in the call
were three inmate/Plaintiffs (Carl Wolf, Reg. No. 40661-066,
Joseph Craveiro, Reg. No. 02630-070, and Douglas Nyhuis,
Reg. No. 06548-040), Paralegal Duran Sheets, Assistant u.S.
Attorney Tina Oberdorf, DOJ Attorney (Programs Branch)
Marsha Edney, and Magistrate Judge Baxter. Although no
ruling was issued, the Magistrate stated that there did not
seem to be any irreparable harm occurring since the inmate's
were provided the opportunity to mail out the excess items.
3) United States v. Horace Tenny, CR- (EDPA) - Former inmate
Horace Tenny, Reg. No. 03030-015, was charged with attempted
rape of a staff member (recreation specialist) at FCI
Schuylkill in June 1995. The jury returned a verdict of not
guilty.
4) United States v. Paster, 4:CR-96-221 (MDPA) - Defendant
Mitchell Paster is charged with the murder of USP Lewisburg
Staff psychologist on the reservation. Trial is scheduled
to begin on November 19, 1997. Numerous USP Lewisburg staff
are expected to testify.
5) Hill v. United States, Civil Action No. 97-4435 (EDPA) Former inmate Richard Hill, Reg. No. 36850-066, filed this
FTCA action alleging false imprisonment due to negligence.
In October 1992, upon his discharge from federal prison, the
Plaintiff was improperly subjected to a three year Special
Parole Term. On June 22, 1993, the Plaintiff was committed
for parole violations and housed in a state correctional
facility until July 28, 1993, when it was determined that
the SPT was in error. The Plaintiff alleged that the
negligence of government officials (U.S. Parole Commission
and Bureau of Prisons) in improperly issuing the Special
Parole Certificate entitled him·to $300,000.00 damages.
-4Initial government settlement offer of $25.00 a day was

Q

countered with an demand of $75,000.00. A mediation
conference was held on Friday, November 7, 1997, with no
resolution. Mike Tafelski assisted the AUSA.
6) Zinner v. U.S., Cr. No. 95-48 (EDPA) -- FCI Loretto
inmate Edward Zinner, Reg. No. 48591-066 filed a Section
2255 motion alleging ineffective assistance of counsel. As
part of his case, the Court issued an order requiring FCr
Loretto to turn over copies of telephone conversations the
inmate had placed to his attorney on monitored phone lines.
The institution complied by providing access to the tapes.
A hearing is scheduled on November 12, 1997 concerning
whether access to the tapes was sufficient. Joyce Horikawa
will assist the AUSA.
7) U.S. v. Moong Shean Kara Chang, Crim. No. 97-218 (EDPA) On Nove~er 20, 1997, a hearing will be held concerning the
defendant's request for a downward departure based upon the
argument that "Ms. Chang would be vulnerable in a prison
setting." Ms. Chang pled guilty to bank fraud. The defense
argument is based upon a report submitted by a defense
psychologist that Ms. Chang has spent her life "pleasing
others". Joyce Horikawa and Dr. Gerard Bryant, Regional
Psychologist.
8) U.S. v. Colon, Crim. No.97-11(03) (DNJ) Inmate Angel
Colon, Reg. No. 01590-049 is charged with the assault of two
correctional officers at FCr Ft. Dix in February 1997. The
trial, which began on October 24, 1997 and has been
continued until November 14, 1997, has generated a great
deal of discovery which is being coordinated by James Wills,
Attorney at FC! Ft. Dix.
D. RELZGZOUS CASES:

1) Rojas-Edmonson v. Hawk, et. al., 97-CV-1918 (DNJ)
Plainti~f, inmate Rojas-Edmonson, Reg. No. 01591-084 (now at
FCI Allenwood) alleges that .a chaplain at FCl Ft. Dix (who
is no longer with the BOP) assaulted him and other inmates
while they attempted to pray during Ramadan. The Plaintiff
cites Bivens but NOT RFRA.
-5-

E. ENSZGN AMENDMENT CASES: No new cases and no significant
information concerning pending cases.

./--.

F. PLRA 1915 DISMiSSALS: None reported.

III. TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 1997:

Hank Sadowski - Travel Annual Leave - None scheduled
Mike Tafelski - Travel - None scheduled
Annual Leave
November 13-14, 28
Joyce Horikawa -Travel - November 20-21 Recruiting
Trip/National
Asian Pacific American Bar Association
Convention
Annual Leave - None Scheduled
Les Owen -

. Travel - None Scheduled
Annual Leave - November 10, 28

Ron Hill -

Travel - None Scheduled
Annual Leave - None scheduled

Ros BinghamTravel
None scheduled
Annual"Leave - November 10, 26, 28

cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

','

UNITED STATES GOVERNMENT

memorandum
Date:
Reply to
Attn of:

Subject:
To:

December 8, 1997
Henry J. Sadowski, Regional Counsel, Northeast Region
Federal Bureau of Prisons, Philadelphia, PA 19106
Monthly Report - November 1997
Wallace B. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
Pending on 1st 64 66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans'd' ~n month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
Over 30 days
0
o 0 000
B. Administrative Tort

Cla~s

Tort

Cla~

o

AUG
116
125
129
112
0

SEP OCT NOV DEC
112 130 119
147 146 92
128 157 120
130 119 91
000

- 1997

JAN FEB MAR APR MAY JUN
Pending on 1st 243 202 221 215 232 252
Rec'd in month 53 67 69 58 63 65
7
952
4
Recons. rec'd
6
Ans'd in month 100 55 84 46 45 94
Pending at End 202 221 215 232 252 227
00000
Over 180 days
0

c.

JUL
159
133
176
116

Investigation Status:

JUL AUG SEP OCT NOV DEC
226 157 169 169 175
40 50 52 74 58
o 1 o
3
1
112 39 52 69 36
157 169 169 175 197
o 0 o 0 o

As of November 28, 1997

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK

sa

Pending

5

3

8

3

4

2

6

5

25

1

7

5

6

0

8

OVer 60 days

0

0

0

0

0

0

0

0

7

0

0

1

0

0

0

-2D. FOI/Privacy Act Requests - 1997
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
34
35
30
39
14

FEB
39
34
28
45
17

MAR
45
28
29
44
1·6

APR
44
34
27
51
17

E. FOIA Requests for records:
Pending
Over 30 days

II.

MAY
44
41
17
68
27

JUN
68
48
40
75
27

JUL
75
22
27
70
48

AUG
70
55
71
54
23

SEP
54
39
58
35
20

OCT
35
29
43
21
9

NOV DEC
21
33
32
22
3

As of November 28, 1997

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
0
0
0
0
2
1
1
0
2
0
2
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

LITIGATION ACTIVITY - 1997 NORTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
. Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
574 576 573 579 585 600 618 622 626 647 665
16 15 22 23 17 23 32 25 33 29 13
5
4
9
8
3 11 18 15 20 14
8
1
2
6
4
3
52434
5
7
6
7
8
4
7
8
.6
5
1
3
4
3
1
04253
1
i
1
o 2 0 1 0 0 2 0 1 1 o
7 14 12 11 11
8
6
8 10
8
9
12 13 25 17 11
8 14 21 12 10 14

B. SETTLEMENTS AND AWARDS:

1) Hill v. United States, Civil Action No. 97-4435 (EDPA) Former inmate Richard Hill, Reg. No. 36850-066, filed this FTCA
action alleging false imprisonment due to negligence.
In October
1992, upon· his discharge from USP Atlanta, the Plaintiff was
improperly subjected to a three year Special Parole Term. On
June 22, 1993, the Plaintiff was committed for parole violations
and housed in a state correctional facility until July 28, 1993,
when it was determined that the 8PT was in error. The Plaintiff
-3alleged that the negligence of government officials (U.S. Parole
Commission and Bureau of Prisons) in improperly issuing the
Special Parole Certificate 'entitled him to $300,000.00 damages.

Q

Initial government settlement offer of $25.00 a day was countered
with an demand of $75,000.00. Mike Tafelski assisted the AUSA at
a mediation conference on November 7, 1997. Based on desire to
resolve matter and potential for governmental liability, the case
was settled for $5,000.

c.
1)

SIGNIFICANT CASES, TRIALS or BEARINGS:
Stiver v. Meko, 96-3400 (3d Cir. November 28, 1997).

On November 28, 1997, the u.S. Court of Appeals for the Third
Circuit upheld the denial of early release eligibility on the
basis of a prior violent conviction. Appellee, Robert C. Stiver,
04540-068, an inmate at FCI McKean, alleged that he was
unlawfully denied 3621(e) early release eligibility because of
prior convictions for aggravated assault and armed robbery. He
argued that the decision to include prior violent offenses when
determining early release eligibility for completion of the Drug
Abuse Program was inconsistent with § 3621(e). The Court of
Appeals affirmed the District Court and held that the BOP's
interpretation of the statute, and subsequent issuance of the
regulation, to apply to prior offenses as well as current
offenses was a reasonable accommodation of Congress' goals. The
Court of Appeals also rejected Appellee's arguments alleging
violations of the ex post facto clause and of the double jeopardy
clause. Assistant Regional Counsel Joyce Horikawa assisted the
AUSA at the oral argument.
2) United States v. Paster, 4:CR-96-221 (MDPA) - Defendant
Mitchell Paster was charged with the murder of USP Lewisburg
Staff psychologist on the reservation. Prior to trial, the
defendant pled guilty to second degree murder. Sentencing is
scheduled for February 9, 1998.
3) Zinner v. U.S., Cr. No. 95-48 (EDPA) -- FCI Loretto inmate
Edward Zinner, Reg. No. 48591-066 filed a Section 2255 motion
alleging ineffective assistance of counsel. As part of his case,
the Court issued an order requiring FCI Loretto to turn over
copies of telephone conversations the inmate had placed to his
-4attorney on monitored phone lines. The institution complied by
providing access to, but not copies of, the tapes. A hearing was
held on November 12, 1997 concerning, in part, whether access to
the tapes was sufficient. Joyce Horikawa assisted the AUSA. The
court felt that this access was sufficient.
4)Jolly v. State of New York, et.al. - On November 7, 1997, a
telephone hearing was held concerning the placement of New York

state inmate Paul Jolly, 42073-054, who was being held at MCC New
York on a federal civil writ. In a letter to the judge earlier
that day, the Warden had requested the writ be satisfied so that
the inmate, who had become very disruptive at MCC NY, could be
returned to the state. The Judge agreed and satisfied the writ
and the inmate was returned to New York DOC. MCC NY attorney
Clinton Stroble prepared the letter and assisted during the
hearing.
5) Li v. Cannorozzi et.al., Civ. No. 97--- (2d Cir.) - The
Plaintiff, former inmate, Jian An Li, Reg. No. 44661-053, filed
an appeal of the jury verdict returned in favor of the Bivens
defendants (case involved allegation~ of excessive use of force).
On November 17, 1997, oral argument was heard before the Court of
Appeals for the Second Circuit concerning the District Court's
decision to exclude the deposition of a witness unavailable at
the time of the trial. AUSA Jonathan Willens argued the case for
the government. No decision has been rendered.
UPCOMING HEARING:
1) United States v. Gregory Scarpa, Jr. CR-94-1119(S-4) (RR) (EDNY)
On December 11, 1997, a hearing will be held concerning a
December 5, 1997, order issued by Judge Raggi in which she
o'rdered the Warden at MCC New York to immediately place inmate
Scarpa, 10099-050, in general population. Due to the security
concerns associated with complying with this order, a request for
a stay was submitted and granted. The inmate, designated to USP
Terre Haute, has been at MCC NY on a writ ad pros·since June
1995. Due to a confirmed contract against his life issued by the
Columbo crime family, the inmate has been in protective custody
since June 1995. In addition to request for placement in general
population, the inmate alleges improper medical care and record
reviews.
-5-

D. RELIGIOUS. CASES: - Muhammad v. Wigen, et.al. - Civ. No.
95-3668 (E.D.PA) -- Case previously discussed in which private
counsel has been approved to represent BOP defendants aga;r
allegations made by Plaintiff (former inmate Ansar El Muh~
~
a/k/a/ Tracy S. Munnerlyn) that while housed at Fe! Schuyl
-~
was placed in SHU and his "religious mail" was interfered w
retaliation of his religious practices. Private Counsel hd
~
filed an exception to the Magistrate's Report and Recommendd
requesting the Judge review the report in light of Bourn~ v.
Flores.
E. ENSIGN AMENDMENT CASES: No new cases.

F. PLRA 1915 DISMiSSALS: None Reported
III. TRAVEL AND LEAVE SCHEDULE FOR

D~CEMBER

1997:

Hank Sadowski - Travel - December 4 - LSCI Allenwood tour with
Sen. Specter on sewer contract; visit
with Legal Staff, FCC Allenwood
Annual Leave - December 16, 17, 29 - 31, January, 2
Mike Tafelski - Travel - None scheduled
Family Leave - December 10-12
Annual Leave - None scheduled
Joyce

-Travel - None Scheduled
Annual Leav~ - December 24, January 2

Hor~kawa

Les Owen -

Travel - December 8-19 Institution
Familiarization -FCI Ft. Dix
Annual Leave - December 29-31
Ron Hill -

Travel - None Scheduled
Annual Leave - December 5-10, 29-31, January 2

Travel - MSTC (Denver) December 1-12
Ros BinghamAnnual Leave - December 24
cc: Regional Director and Deputy Regional Director, NER
All NER Wardens
All Regional Counsel and Associate General Counsel
All NER institution attorneys and paralegals

UNITED STATES GOVERNMENT

memorandum
December 8, 1997

Date:
Reply to
Attn of:

Henr y J. Sadowski, Regional Counsel
~he
Federal Bureau of Prisons, Philadelphia, PA

Subject:

To:

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN
DEC
Pending on 1st 64
66 45 87 103 158
Rec'd in month 117 100 156 157 196 160
Ans 'd in month 115 121 114 141 141 159
Pending at End 66 45 87 103 158 159
Over 30 days
0
0
000
0

JUL AUG SEP OCT NOV
159
133
176
116

o

116
125
129
112

o

112
147
128
130

o

130 119
146 92
157 120
119 91
o 0

B. Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 243 202 221 2 15 232 252 226 157 169 169 175
Rec'd in month 53 67 69 58 63 65 40 50 52 74
58
Recons. rec'd
6
7
9
5
2
4
3
1
o 1 o
Ans'd in month 100 55 84 46 45 94 112 39 52
6 9 36
Pending at End 202 221 215 232 252 227 157 169 169 1 7 5 197
Over 180 days
0
0
o 0 o o o o o o o
C. Tort Claim Investigation Status:

As of November 28, 1997

ALF ALM ALP ALW BRa DAN FAr FTD LEW LOR MCK NYM OTV RBK

SCH
Pending
Over 60 days

5
0

3
0

8
0

3
0

4
0

2
0

6
0

5
0

25
7

1
0

7
0

5
1

6
0

0
0

8
0

..
-2D. FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

34
35
30
39
14

39
34
28
45
17

45
28
29
44
16

44
34
27
51
17

E. FOIA Requests for records:
Pending
Over 30 days

II.

44
41
17
68
27

68
48
40
75
27

75
22
27
70
48

70
55
71
54
23

54
39
58
35
20

35
29
43
21
9

21
33
32
22
3

As of November 28, 1997

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR,MCK NYM OTV RBK
0
0
0
0
2
1
1
0
2
0
2
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

S~H

LITIGATION ACTIVITY - 1997 NORTHEAST REGION

A. SUMMARY REPORT
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

574 576 573 579 585 600 618 622 626 647 665
16 15 22 23 17 23 32 25 33 29 13
8
4
9
8
3 11 18 15 20 14
5
5
5
2
4
3
4
4
3
1
2
6
7
7
6
7
8
6
5
3
4
8
1
1
0
1
1
4
4
2
5
3
3
1
o 2 o 1 0 0 2 0 1 1 o
8
6
8 10
8
9
7 14 12 11 11
12 13 25 17 11
8 14 21 12 10 14

B. SETTLEMENTS AND AWARDS:
1) Hill v. United States, Civil Action No. 97-4435 (EDPA) Former inmate Richard Hill, Reg. No. 36850-066, filed this
FTCA action alleging false lmprisonment due to negligence.
In October 1992, upon his discharge from USP Atlanta, the
Plaintiff was improperly subjected to a three year Special
Parole Term. On June 22, 1993, the Plaintiff was committed
for parole violations and housed in a state correctional
facility until July 28, 1993, when it was determined that
the SPT was in error. The Plaintiff
-3-

0
0

Q

alleged that the negligence of government officials (U.S.
Parole Commission and Bureau of Prisons) in improperly
issuing the Special Parole Certificate entitled him to
$300,000.00 damages.
Initial government settlement offer of $25.00 a day was
countered with an demand of $75,000.00. Mike Tafelski
assisted the AUSA at a mediation conference on November 7,
1997. Based on desire to resolve matter and potential for
governmental liability, the case was settled for $5,000.
C. SIGNIFICANT CASES, TRIALS or BEARINGS:

1)

Stiver v. Meko, 96-3400 (3d Cir. November 28, 1997).

On November 28, 1997, the U.S. Court of Appeals for the
Third Circuit upheld the denial of early release eligibility
on the basis of a prior violent conviction. Appellee,
Robert C. Stiver,
04540-068, an inmate at FCI McKean,
alleged that he was unlawfully denied 3621(e) early release
eligibility because of prior convictions for aggravated
assault and armed robbery. He argued that the decision to
include prior violent offenses when determining early
release eligibility for completion of the Drug Abuse Program
was inconsistent with § 3621(e). The Court of Appeals
affirmed the District Court and held that the BOP's
interpretation of the statute, and subsequent issuance of
the regulation, to apply to prior offenses as well as
current offenses was a reasonable accommodation of Congress'
goals. The Court of Appeals also rejected Appellee's
arguments alleging violations of the ex post facto clause
and of the double jeopardy clause. Assistant Regional
Counsel Joyce Horikawa assisted the AUSA at the oral
argument.
2) United States v. Paster, 4:CR-96-221 (MDPA) - Defendant
Mitchell Paster was charged with the murder of USP Lewisburg
Staff psychologist on the reservation.
Prior to trial, the
defendant pled guilty to second degree murder.
Sentencing
is scheduled for February 9, 1998.
3) Zinner v. U.S., Cr. No. 95-48 (EDPA) -- FCI Loretto
inmate Edward Zinner, Reg. No. 48591-066 filed a Section
2255 motion alleging ineffective assistance of counsel. As
part of his case, the Court issued an order requiring FCI
Loretto to turn over copies of telephone conversations the
inmate had placed to his
-4attorney on monitored phone lines.

The institution complied

•

by providing access to, but not copies of, the tapes. A
hearing was held on November 12, 1997 concerning, in part,
whether access to the tapes was sufficient. Joyce Horikawa
assisted the AUSA. The court felt that this access was
sufficient.
4)Jolly v. State of New York, et.al. - On November 7, 1997,
a telephone hearing was held concerning the placement of New
York state inmate Paul Jolly, 42073-054, who was being held
at MCC New York on a federal civil writ. In a letter to the
judge earlier that day, the Warden had requested the writ be
satisfied so that the inmate, who had become very disruptive
at MCC NY, could be returned to the state. The Judge agreed
and satisfied the writ and the inmate was returned to New
York DOC. MCC NY attorney Clinton Stroble prepared the
letter and assisted during the hearing.
5) Li v. Cannorozzi et.al., Civ. No. 97--- (2d Cir.) - The
Plaintiff, former inmate, Jian An Li, Reg. No. 44661-053,
filed an appeal of the jury verdict returned in favoi of the
Bivens defendants (case involved allegations of excessive
use of force). On November 17, 1997, oral argument was
heard before the Court of Appeals for the Second Circuit
concerning the District Court's decision to exclude the
deposition of a witness unavailable at the time of "the
trial. AUSA Jonathan Willens argued the case for the
government. No decision has been rendered.
UPCOMING HEARING:

1) United States v. Gregory Scarpa, Jr.
CR-94-1119(S-4) (RR) (EDNY)
On December 11, 1997, a hearing will be held concerning a
December 5, 1997," order issued by Judge Raggi in which she
ordered the Warden at MCC New York to immediately place
inmate Scarpa, 10099-050," in general population. Due to the
security concerns associated with complying with this order,
a request for a stay was submitted and granted. The inmate,
designated to USP Terre Haute, has been at MCC NY or. a writ
ad pros since June 1995. Due to a confirmed contract
against his life issued by the Columbo crime family, the
inmate has been in protective custody since June 199~.
In
addition to request for placement in general populatlor., the
inmate alleges improper medical care arid record reviews.
-5D. RELIGIOUS CASES: - Muhammad v. Wigen, et.al. -

C~v.

95-3668 (E.D.PA) -- Case previously discussed in W~lC~
private counsel has been approved to represent BOP

No.

D

defendants against allegations made by Plaintiff (former
inmate Ansar EI Muhammad a/k/a/ Tracy S. Munnerlyn) that
while housed at FCI Schuylkill he was placed in SHU and his
"religious mail" was interfered with in retaliation of his
religious practices.
Private Counsel has filed an exception
to the Magistrate's Report and Recommendation requesting the
Judge review the report in light of Bourne v. Flores.
E. ENSIGN AMENDMENT CASES: No new cases.
F. PLRA 1915 DISMISSALS: None Reported
III. TRAVEL AND LEAVE SCHEDULE .FOR DECEMBER 1997:

Hank Sadowski - Travel - December 4 - LSCI Allenwood tour
with
Sen. Specter on sewer
contract; visit
with Legal Staff,
FCC Allenwood
Annual Leave - December 16, 17, 29 - 31, January 2
Mike Tafelski - Travel - None scheduled
Family Leave - December 10-12
Annual Leave - None scheduled
Joyce Horikawa ~Travel - None Scheduled
Annual Leave - December 24, January 2
Les Owen Travel - December 8-19 Institution
Familiarization -FCI Ft. Dix
Annual Leave December 29-31
Ron Hill -

Travel - None Scheduled
Annual Leave - December 5-10, 29-31, January 2

Ros BinghamTravel - MSTC (Denver) December 1-12
Annual Leave - December 24
cc: Regional Director and Deputy Regional Director, NER
All NER Wardens
All Regional Counsel and Associate General Counsel
All NER institution attorneys and paralegals

 

 

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