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Fbop Ner Monthly Reports 1998may-dec

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UNITED STATES GOVERNMENT

memorandum
Date:

June 12, 1998

Reply to Henry J. Sadowski, Regional Counsel, Northeast Region
Attn of: Federal Bureau of Prisons, Philadelphia, PA 19106
Subject:

To:

Monthly Report - May 1998
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 - 1998
JAN FEB MAR APR
Pending on 1st 110 91 146 162
Rec'd in month 113 155 187 188
Ans'd in month 132 100 171 183
Pending at End 91 146 162 167
Over 30 days
0
0
0
0
B. Administrative Tort

Cla~s

MAY JUN JUL AUG SEP OCT NOV DEC
167
187
174
180
0
- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 236 262 261 283 320
Rec'd in month 77 73 92 73 60
3
2
3
4
1
Recons. rec'd
Ans'd in month 54 76 73 40 33
Pending at End 262 261 283 320 348
Over 180 days
0
0
0
0
0
C. Tort Claim Investigation Status:

As of May 30, 1998

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

Pending
Over 60 days

3

o

12
0

14
0

1
0

2
0

7
0

3
0

15
1

12
0

2
0

9
0

9
0

7
0

10
0

9
0

o

2
D. FOI/Privacy Act Requests - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
32
9 15
Pending on 1st 37 13
41
28
32
38
34
Rec'd in month
41
Ans'd in month 58 35 29 21
32
9 15 32
Pending at End 13
1
0
1
1
1
Over 30 days
As
of May 30, 1998
E. FOIA Requests for records:
ALF ALM ALP ALW BRa DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
o 0
0
0
0
300
1
0
0
1
000
Pending
000
0
0
0
0
0
0
0
0
1* 0
0
0
Over 30 days
*This file has not been received from archives.

II.

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625
13 15 21 24 19
5
7 13 13 15
1
424
3
1
2
341
42110
2
022
0
8 10 10
9
9
66
7 12
5
5

B. SETTLEMENTS AND AWARDS:

- None

c. SIGNIFICANT CASES, TRIALS or HEARINGS:
1) Royce v. Hahn, 1998 WESTLAW 272632 (3d Cir. May 29, 1998)
The Third Circuit held that the conviction for possession of a
firearm by a felon is not a crime of violence which would trigger
the notice provisions of 18 U.S.C. § 4042(b) (requiring notice of
release to law enforcement officials for drug or violent
offenders).
The Court also held that a conviction for possession
of a machine gun was not crime of violence for these purposes.
We are considering a petition for rehearing~ especially on the
machine gun conviction.
3

2)

u.s.

v. Guzman et. al.,

97 CR 786 (SAS) (S.D.N.Y.)

On May 27 and May 28, 1998, correctional staff from MCC New York
testified pursuant to defense subpoenas in the above-referenced
case. The underlying criminal case, which involves the Power
Rules criminal enterprise, originally involved an indictment
alleging the organization engaged in various violent criminal
activity and narcotics trafficking. The indictment was
superseded and some of th~ defendants were charged with witness
tampering. Staff testified concerning whether conversations
occurred between the defendants and government inmate witnesses
that may support a defense claim that the government witnesses
have a bias against ·the defendants. Case is still pending.
3) People of the State of New York v. James C. Allen
On May 20, 1998, an R&D staff member from MCC New York testified
in a state criminal proceeding that was filed against former
federal inmate James C. Allen for introducing contraband into the
state correctional facility. It was alleged that Mr. Allen
introduced a razor into the facility. The defendant argued that
the razor was with him when he left MCC NY. The jury found the
defendant not guilty of introduction of contraband.
4) United States v. Louis Acosta, Crim. NO. 96-00556-02 (E.D.Pa.)
On May 28, 1998, Quincy Heck, Health Systems Administrator, NERO
and Michael Tafelski assisted the AUSA in a sentencing hearing in
which the defendant attempted to argue for a downward departure
based upon his medical condition (i.e. - wheelchair). The Judge
commented from the bench that testimony was not required as he
understood that the BOP could accommodate the defendant's medical
condition.
OPCOMING HEARINGS - None Scheduled
D. RELIGIOOS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: No new activity
F. PLRA 1915 DISMISSALS:

1) Malloy v. MCC Correctional Officer, 97 Civ 9079 (MBM) (SDNY)
The above referenced case was dismissed sua sponte by the
District Court Judge as the Plaintiff, inmate Anthony Malloy,
Reg. No 07323-018, filed a complaint in violation of a prevIous
4"

court order (imposed because of abuse of the courts resources)
barring him from filing any claims unless he is under imminent
danger of serious injury. As he was in a state correctional
facility at the time he filed a complaint concerning a BOP staff
member, the court stated the inmate did not meet the standard.
III. TRAVEL AND LEAVE SCHEDULE FOR

~y

1998:

Hank Sadowski - Travel - June 8 - Meeting with u.S. Attorney's
Office, Brooklyn, NY and MDC Brooklyn visit
June 19 - Legal Eagle Workgroup, OGC, Wash., DC
June 22 - Accompany Regional Director in meeting
with District Judges, Philadelphia
Annual Leave - June 29-July 2
Mike Tafelski - Travel - None Scheduled
Annual Leave - June 1-5
Toni Brown - Travel - June 18-19
Annual Leave - June 22-23

Fcr Danbury

Les Owen - Travel - June 16, 1998 Pittsburgh - Attend Deposition
Annual Leave - June 8-9
Ron Hill - Travel - None Scheduled
Annual Leave - None Scheduled
James Vogel - Travel - None Scheduled
Annual Leave - None Scheduled
NOTES:
- Chris Chambers, Paralegal Trainee, report on June 8, 1998.
Chris previously worked in the ISM department at the
ADMAX, Florence.
- Dominique Raia, Attorney Advisor, MCC NY, received an
award from Mary Jo White, u.S. Attorney, Southern District of New
York, for her assistance throughout the criminal trials of the
World Trade Center terrorists.
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
Northeast Region, Philadelphia, PA
FEDERAL BUREAU OF PRISONS

July 15, 1998
MEMORANDUM FOR WALLACE H. CHENEY, GENERAL COUNSEL

FROM:
SUBJECT:

Henry J. Sadowski, Regional Counsel
Monthly Report - June 1998

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1998
JAN FEB MAR APR
Pending on 1st 110 91 146 162
Rec'd in month 113 155 187 188
Ans'd in month 132 100 171 183
Pending at End 91 146 162 167
0
0
0
Over 30 days
0

MAY
167
187
174
180
0

JUN JUL AUG SEP OCT NOV DEC
180
172
207
145
0

B. Administrative Tort Claims - 1998
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT N8V DEC
236 262 261 283 320 348
77 73 92 73 60 64
1
3
2
3
4
0
54 76 73 40 33 93
262 261 283 320 348 319
0
0
0
0
0
0

C. Tort Claim Investigation Status:

As of June 30, 1998

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBJ( SCH

Pending

2

1

10

0

6

7

6

lS

12

0

7

7

S

16

1

.
D. FOI/Privacy Act Requests - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
9 15
32 32
Pending on 1st 37 13
41 31
Rec'd in month 34 28 32 38
Ans'd in month 58 35 29 21
41 59
32
4
Pending at End 13
9 15 32
1
1
1
0
1
0
Over 30 days
E. FOIA Requests for records: As of June 30, 1998
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
o 4 021 002 000
Pending
1
0
1
3
1
2
0
0
1* 0
0
0
Over 20 days
0
0
0
0
000
*This file has not been received from archives.

II.

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625 639
13 15 21 24 19 13
7 13 13 15
5
6
4
1
4
2
3
1
4
1
1
2
3
3
1
1
4
2
0
3
2
2
0
0
0
2
8 10 10
9
9 10
7 12
66
5
5 26

B. SETTLEMENTS AND AWARDS:

1) Administrator of the Estate of Robert Bates v. United States,
Civil No. 97-0048, E.D.Pa.
Inmate died of a coronary at FCI Fairton.
During discovery, new
facts were revealed indicating that settlement was in the best
interest of the Bureau of Prisons. This FTCA wrongful death
originally sought $250,000.00 in damages.
The case settled for
$150,000.00.
2) Rogers v. MCC, et al., 96 Civ. 6811
Pro

~ f~~ffi~~ i~::t~

:t1ed

(S.D.N.Y.)

~

0
,..,..

,;,r"",~,..

1'1· \..0 ... "

suit aga"$Ps t three pfys ician
and one coo~uQervjsnr.
Plaintif~Aclaims he l~Jured
his eyes with a degreaser solution while cleaning the stove in
fooq,.~s~ervices, as part of his job.
The par·ties agreed to set tIed
thi~claim for $2,500.00, which sum shall be in full settlement
of any and all claims against the individual defendants, the
United States, MCC, or any department, agency, present or former
agents, officer or employee of the United States.
a~ants

,

c. SIGNIFICANT CASES, TRIALS or HEARINGS:
1) Nicholas LaSorsa v. Fredrick Menifee, 97 CV 4827 (S.D.N.Y.).
In an exercise of its discretion, the Bureau of Prisons denied
Inmate LaSorsa early release because he received a two-level
enhancement for possession of a firearm. Although Inmate LaSorsa
successfully completed a drug treatment program, the Court ruled
that 18 U.S.C. § 3621(e) (2) (B) and 28 C.F.R. § 550.58 do not in
any way limit the BOP's discretion to deny early release to
prisoners otherwise eligible for release. The Court stated the
BOP's decision to deny early release was a rational exercise of
that discretion.
2)U.S. v. Gregory Scarpa, Jr., S8 97 Cr.· 786 (E.D.N.Y.)
On May 28, 1998, MCC NY received a "so ordered" subpoena from the
attorney for inmate Gregory Scarpa, Jr., Register Number
10099-050. The subpoena sought relevant documentation and
information which would identify the cell location of Gregory
Scarpa, Jr. and those inmates housed on the same tier as inmate
Scarpa. The subpoena sought information implicating the WITSEC
program. A status conference was held on June 9, 1998, before
Judge Raggi, to discuss MCC New York's compliance with and
objections to the subpoena. Clinton Stroble represented the MCC
at this hearing.
At the end of the hearing, Judge Raggi
requested that MCC clarify several discrepancies in the
responsive document sent to Scarpa's attorney and to provide
additional information responsive to the subpoena.
4)U.S. v. Anthony Martinez, CR-97-725 (E.D.N.Y.)
On June 5, 1998, former Unit Manager, Anthony Martinez, was
convicted of three counts of Bribery, in violation 18 U.S.C.
§201, and one count of Attempting to Provide Heroin to an Inmate,
in violation of 18 U.S.C. §1791. Sentencing is pending.
5) Brown v. Morton, CV-95-2881 (D.N.J.)
On June 5, 1998, a teleconference took place been inmate Orson
Brown, AUSA Kevin.Mulry and Staff Attorney Azzmeiah Vazquez.
Inmate Brown filed a Bivens action in 1995 alleging failure to
protect issues when he was assaulted by inmate Anthony Glass on
the unit. Magistrate Judge Gold ordered MDC to provide inmate
Brown with information regarding instances where various named
defendants were the subject of a grievance, complaint or
disciplinary action with respect to assault, failing to intercede
to stop an assault; failing to properly supervise with respect to
such actions; interrogatory answers from various staff with
respect to what they knew about the Glass' medical care and
whether or not he posed a threat to other inmates or staff; and
any administrative, medical and screening information regarding
inmate Glass.

6)United States v. Pellulo: Crim. No. ----- (E.D.Pa.)
On June 17, 1998, Bobbie Truman, Attorney and Joe Guidoness, Case
Manager (FeI Fairton) and Gene Dixon, Paralegal (FCI Schuylkill)
attended a hearing on a motion filed by inmate Leonard Pellulo,
44140-066 challenging the use, in a criminal prosecution, calls
recorded on inmate phones.
Inmate Pellulo challenged whether he
knew the phones were monitored and also claimed that an inmate in
the Bureau of Prisons can not make unmonitored telephone calls to
his attorneys.
He further asserted that he would announce over
the monitored lines that.the call was to his attorney and that
announcement should evoke the attorney client privilege.
Judge
Robreno has taken this matter under advisement.
7)United States v. Hammer, Crim. ----- (M.D.Pa.)

'G
,

The trial of David Paul Hammer, Reg. No. 24507-0~7 concluded
abruptlY when he plead guilty to the indictment.
The death
penalty phase of the prosecution began on June 30, 1998.
Attorneys Tim Roberts and Nellie Torres have been assisting and
attending the proceedings, when possible.
UPCOMING HEARINGS - None Scheduled
D. RELIGIOUS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: No new activity
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR JULy 1998:
Hank Sadowski -Travel - July 27-31 National Legal Training
Annual Leave - None Scheduled
Mike Tafelski -Travel - July 27-31 National Legal Training
Annual Leave - July 13-17
Toni Brown -

Travel - None Scheduled
Annual Leave - None Scheduled

Les Owen -

Travel - None Sch~duled
Annual Leave - None Scheduled

Ron Hill -

Travel - None Scheduled
Annual Leave - None Scheduled

James Vogel -

Travel - None Scheduled
Annual Leave - July 30, 31, 1998

..
.
}

\

UNITED STATES GOVERNMENT

memorandum
Northeast Region, Philadelphia, PA
FEDERAL BUREAU OF PRISONS
August 11, 1998

MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR AND GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:
SUBJECT:

Henry J. Sadowski, Regional Counsel
Monthly Report - July 1998

I. ADMINISTRATIVE LEGAL ACTIVITIES - SQMMIRY REPORT
A. Administrative Remedies - 1998
JAN FEB MAR APR
Pending on 1st 110 91 146 162
Rec'd in month 113 155 187 188
Ans'd in month 132 100 171 183
Pending at End 91 146 162 167
Over 30 days
0
0
0
0

MAY
167
187
174
180
0

JUN
180
172
207
145
0

JUL AUG SEP OCT NOV DEC
145
153
152
146
0

B. Administrative Tort Claims - 1998

Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
236 262 261 283 320 348 319
77 73 92 73 60 64 51
3
2
3
4
0
3
1
54 76 73 40 33 93 77
262 261 283 320 348 319 296
'0
0
0
0
0
0
0

C. Tort Claim Investigation Sta.tus:
Pending
Over 60 days

As of July 31, 1998

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
7
2
2
0
2
5
3 14 12
0
4
2
2 12 10
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1

.

2

D. FOI/Privacy Act Requests - 1998

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1
*

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
32 32 4
9 15
41 31 45
32 38
29 21
41 59 27
15 32
32
4 22
0
1
0 6*
1
Records awaiting retrieval from archives.

E. FOIA Requests for records:

As of'July 31, 1998

ALF ALM ALP ALW BRa DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
Pending
1
0
0
0
0
5
4
1
1
1
2
1
1
0
0
Over 20 days
0
0
0
0
0
3* 1* 0
0
1* 0
1* 0
0
0
*This file has not been received from archives.

II.

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625 639 613
13 15 21 24 19 13 11
7 13 13 15
5
6
3
4
1
4
2
1
3
1
1
2
3
4
1
3
6
1
1
4
2
1
0
3
O·
2
2
2
0
0
0
8 10 10
9
4
9 10
7 12
66
5
5 26 14

B. SETTLEMENTS AND AWARDS;

- None

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

Significant New Cases:
McClurg y. Harding, 98-605 (D. Conn)
Holder v. Harding, 98-656 (D. Conn)
Fcr Danbury inmates Penelope McClurg, 21528-018 and Tinia Holder,
09474-424, filed separate, similar motions requesting an
expedited hearing and temporary restraining order against the
practice of cross-gender pat searches at Fer Danbury.
Both

3

inmates have a history of being sexually abused and are assigned
to the ~Bridge Unit", which is a housing unit for women who have
suffered traumatic experiences, including sexual assault/abuse.
Counsel has been appointed to represent both inmates.
Under
informal pressure from the court, the Warden agreed to exempt the
two inmates from ro~tine cross-gender pat searches until a full
hearing on the merits can be held. The hearing is currently
scheduled for October 1998. We are trying to move up the hearing
date.
Trials:
United States v. Hammer, M.D. PA
On July 24, 1998, the jury returned a death penalty verdict
against inmate David Paul Hammer, 24507-077 for the murder of
another inmate at USP Allenwood. Formal imposition of sentence
was scheduled for September 17, 1998. The inmate fired his
attorneys and moved for immediate imposition of the death
penalty. After an August 3, 1998 hearing, Judge Muir issued an
order for another competency hearing before ruling on the
inmate's motion.
Hearings:
1)U.S. v. Castaldo, Crim. No. ----- (S.D.N.Y.)
On June 30, 1998, MCC New York received a memorandum from an AUSA
indicating a credible source informed him that the life of inmate
James Castaldo, 16032-050, may be in danger.
Castaldo was
removed from general population and placed in administrative
detention pending a threat assessment. The inmate objected to
the criminal trial judge. Judge Keenan requested a written
explanation by 9:30 a.m. on July 2, 1998 and scheduled a hearing
for 10:30 a.m. At the hearing, the Court determined the issue
was not ripe since the threat assessment had not yet been
completed. The Judge expressed some concern for the adequacy of
the reasons on the administrative detention order. After the
assessment was completed, the threat was found to be too vague.
The inmate was released to general population on July 13, 1998.
Clinton Stroble represented the MCC NY.
2) U.S. v. Muyet, Crim. No. ----- (S.D.N.Y.)
On July 27-29, 1998 the District Judge Peter K. Leisure held
three hearings to address two allegations by inmate John Muyet,

.

5
E. ENSIGN AMENDMENT CASES:

Nyhus y. Reno, et al., C.A. No. 97-324E (W.D.Pa.)
Craviero y. Reno, et al., C.A. No. 97-31E (W.D.Pa.)
The above-referenced cases were both filed by FC! McKean inmates
challenging various components of the Ensign Amendment and the
BOP's policy change on personal property. The Magistrate Judge
assigned to both cases issued a report and Recommendation
dismissing the cases. She found that Bureau policy placed
reasonable limitations and was within its discretion. The Court
considered the Ensign amendment allegations voluntarily withdrawn
since the Plaintiffs have filed, with the assistance of counsel,
a new case styled as a class action (Wolf, Craviero,and Nyhuis
v. Reno, et.al, 97-408E).
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1998:

Hank SaQowski -Travel - Aug. 31 - Sept. 2 - Sentencing Training
Annual Leave - August 17 - 21
Mike Tafelski -Travel - None Scheduled
Annual Leave - August 28, 1998
Toni Brown -

Travel - None Scheduled
Annual Leave - August 24, 1998

Les Owen -

Reports to MDC Brooklyn on August 17, 1998

Ron Hill

Travel - None Scheduled
Annual Leave - None Scheduled

James Vogel -

Travel - None Scheduled
Annual Leave - August 14, 1998

UNITED STATES GOVERNMENT

memorandum
Northeast Region, Philadelphia, PA
FEDERAL BUREAU OF PRISONS
September 18, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR AND GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - August 1998

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1998
JAN FEB MAR APR MAY JUN
Pending on 1st 110 91 146 162 167 180
Rec'd in month 113 155 187 188 187 172
Ans'd in month 132 100 171 183 174 207
Pending at End 91 146 162 167 180 145
o 0 000
Over 30 days
0

B. Administrative Tort
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

C. Tort

Cla~

Cla~s

JUL
145
153
152
146

o

AUG SEP OCT NOV DEC
146
151
153
144
0

- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
236 262 261 283 320 348 319 296
77 73 92 73 60 64 51 60
3
23410
3
5
54 76 73 40 33 93 77 90
262 261 283 320 348 319 296 271
00000
0
o 0

Investigation Status:

As of August 31, 1998

ALF ALM AU' ALW BRO DAN FA! FTD LEW LOR MCK NYfl.l OTV kbr"
1
J
11
()
b
~
2
15
7
3
7
3
3
: '"
Over 60 days
0
0
(1
(I
()
0
S
0
0
1
0
()

Pending

2
D. FOI/Privacy Act Requests - 1998

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1
*

MAR APR MAY JUN JUL
9 15
32 32 4
32 38
41 31 45
41 59 27
29 21
32
15 32
4 22
1
0
0 6
1
5 pending retrieval

E. FOIA Requests for records:

AUG SEP OCT NOV DEC
22
37
37
22
8*
from archives.

As of August 31, 1998

ALF ALM ALP ALW BRa DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH
1
4
4
1
0
0
0
0
6
1
2
1
0
0
1
Pending
4* 1
1
1* 0
0
0
0
0
0
1
0
0
0
0
Over 20 days
*This file has not been received from archives.

II.

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625 639 626 623
13 15 21 24 19 13 11 20
7 13 13 15
5
6
3 13
4
2
4
1
3
1
1
1
1
2
3
4
1
3
6
2
4
2
1
1
0
3
1
4
0
2
0
2
2
0
0
0
9
4
8 10 10
9 10
8
7
12
5
5 26 14 21
66

B. SETTLEMENTS AND AWARDS:
1. Johnstone v. United States 95-5714 (EDPA) - Former FMC Ft.
Worth inmate, who suffered penile implant damage while on d work
assignment, filed an Inmate Accident Compensation claim d:tcr
exhausting his internal appeals. After rAC review of new
information, case was settled for $20,854.00

2. Fears v. United States - 97-23 (WDPA) - FCr McKean inmd~~
Shawn Fears, 34183-060, filed a FTCA.complaint requestina
$2496.00 for the alleged loss of personal property.
Sta:: ~.rtd
packed the inmate's property when he was placed in SHU.
Tr.t·
property was later destroyed during an institution distu!Lj~;~e.
The district court denied our motion for summary judgmen~ :~.

3

which we raised the discretionary function defense.
for $500.

Case settled

3. Custard v. Essig, et. al., 4:CV-96-1835 (MDPA) - USP Lewisburg
inmate Bob Custard, 07539-055, filed FTCA action requesting
damages for injuries allegedly incurred when he slipped from an
upper bunk and fell into an exposed steam pipe in SHU.
Inmate
had a lower bunk slip.
Case settled for $1800.

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

Significant New Cases:
1. Holder v. Harding, 98-656 (D. Conn); Codianni-Robles v.
Harding, 98(D. Conn) - In these two cases, female inmates are
challenging the ability of male staff to conduct routine pat
searches.
Both inmates have been assigned to the Bridge Unit, a
housing unit for women who have suffered traumatic experiences,
including sexual assault or abuse.
Counsel has been appointed to
represent each inmate. A hearing is currently scheduled.in
Holder for October 19, 1998. We are in the process of complying
with lengthy discovery requests.
Mike Tafelski and Danbury
Paralegal Specialist Patty Gotts will assist the AUSA at the
hearing.
2. Fairweather v. U.S. Dept of Justice, Fed. Bureau of Prisons,
4:98-CV-1432 (MDPA) - USP Lewisburg Correctional officer
challenges the application of the "misdemeanor domestic crime of
violence" to his prior offense. Assigned to Lori Cunninqhdm.
Hearings:
1. U.S. v. Carozzo and DiMaria, Crim. No.

97-CR-80(E.D.~;.':'.

On August 19, 1998, MDC Brooklyn Staff attorney Les Owe~,
David Williams at tended a sentencing hea.ring.
Mr. Wi 11 ;
testified regarding the application of prior custody cr·'
sentence aggregation.
2.

d~, 1

:SM

J~ ~

~.'

·Jnd

United States v. Enlow, Cr. 94-265 (E.D.Pa.)

On September 4, 1998, defendant Idris Enlow, 47528-066, ~. 1 :
resentencing hearing before Judge Brody. A question d! : .
concerning the interaction of the federal sentence wi t L "
.

,1

d~

t,

'"

4

parole violation warrant. Prior to the hearing, the court
conveyed her intent to have the defendant be in primary federal
custody. The state agreed to withdraw the state violation
warrant and to reissue it as a detainer. I represented at the
hearing that the Federal Bureau of Prisons would accept primary
jurisdiction. I also addressed some issues concerning sentence
computation. The court was satisfied and sentenced the defendant
to 90 months.
D. RELIGIOUS CASES: - No new activity

E. ENSIGN AMENDMENT CASES: - No new activity

F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR SEPTEMBER 1998:

Hank Sadowski -Travel.- None Scheduled
Annual Leave - None Scheduled
Mike Tafelski -Travel - September 14 -18 -- Recruiting Trip to
Boston (OAPM)and visit to FMC Devens and Fcr
Danbury.
Annual Leave - September 23, 1998
Toni Brown -

Travel - None Scheduled
Annual Leave - None Scheduled

Ron Hill -

Travel - None Scheduled
Annual Leave - September 11-18

James Vogel -

Travel - None Scheduled
Annual Leave - None Scheduled

NOTE: Honors Attorney Chris Synsvoll reported for duty ir.
September 14, 1998.

r~ERO

on

U.S. Department of Justice
Federal Bureau of Prisons

Northeast Regional Office
U.S. Custom HOII.~e
2"d & Chesfllur StrC'ets
Philadelphia. PA. IIJIIJfI

. October 20,

1998

MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR AND GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - September 1998

-

I. ADMINISTRATIVE LEGAL ACTIVITIES
A. Administrative Remedies

-

SUMMARY REPORT

1998

JAN FEB MAR APR
Pending on 1st 110 91 146 162
.Rec'd in month 113 155 187 188
Ans'd in month 13~ 100 171 183
Pending at End 91 146 162 167
0
0
0
0
Over 30 days

B. Administrative Tort Claims

JUN
180
172
207
145
0

MAY
167
187
174
180
0

-

JUL
145
153
152
146
0

AUG
146
151
153
144
0

SEP OCT NOV DEC
144
148
160
13=
0

1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
Pending on 1st 236 262 261 283 320 348 319 296 271
5 -,
51
60
Rec'd in month 77 73 92 73 60 64
0
4
3
3
1
3
5
Recons. rec'd
r) 4
7C 73 40 33 93 77
90
Ans'd in month
b'~
Pending at End 26~·: ~) 61 ~83 120 348 319 296 271 ~_.~ b ~
()
()
0
0
0
0
0
0
0
Over 180 days

t'

I ~ .

..

.

")

~

C. Tort Claim Investigation Status:
ALF ,p . :.,. .

!',.

[' .... no j no
Ilvpr

hll

;
,

..

." :. : ~ r"

!

j

'/\! ~

i·'/\:

F':':'

As of September 30, 1998
l.!.].J

!,IIP

l1

II

£.

d<3y.s

(I

.. ,'

f'.~(':.

: ; .!. ,

~

I

r: ....

2

D. FOI/Privacy Act Requests - 1998
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1

MAR
9
32
29
15
0

APR MAY JON JOL
32
4
15
32
41
31 45
38
21
41
59 27
32
32
4 22
1
1
0
6

E. FOIA Requests for records:
ALf-' ALtvl 1\ i. f ALW
Pending
Over 20 days

II.

BRO

(I

(I

(I

II

()

(I

II

()

()

(!

SEP OCT NOV DEC
22
41
48
15
1

AOG
22
37
37
22
8

As of September 30, 1998

DAN FAI FTD LEW LOR MCK NYM
3
1

0
()

0
0

3
0

OTV R

1

4

1

()

0

0

()

()

r,1\

::I'fI
(1

(I

(I

LITIGATION ACTIVITY - 1998 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 JON JOL AOG SEP OCT NOV [lEC
670 604 597 606 625 639 626 623 617
24
19 13 11
20
12
13
15 ~1
r:
7
13 15
5
J
13
6
3 13
1
4
4
1
1
1
3
1
"3
4
1
3
6
2
5
1
1
4
1
0
3
1
4
')
0
2
0
0
0
0
0
H
10
10
9
9
10
4
8
9
7
6h
12
5
5 26
14
21
18
')

~,

~,

~

B. SETTLEMENTS AND AWARDS:
1. Dziamba v. [!ni:··cj
:::ates, 97-395 to.N.J.) -- FTr~A ,',1:',
- ---which inmate all"(J·,,'j ~t dff failed to protect him frum >,
assault at FCI f"'li! t " l l .
Case settled on eve of trial.

2. Schrader v. pP[;", pI rd., Appeal No. 97-7610 (3d C;:
4:CV-96-1467 (M.~'.f'l..1 - - On ~';eptember 9, 1998, a medi.,·
conference wa :3 r I" L l j i r: t he a b (I v e - ref ere n c e d a p p e d 1 .
''
P 1 a in t iff f i 1 e J ,., ,', rrt p 1 din t a 11 e q i n g s e >: dis c rim ina t i, :.
Title VII, 42 [1.::.", § ~r)()n(p); .md rl number of other ,"
and constitutil>fid: ·ll,'un,j~.
The district court qlant·:
judgment in OU! ~rl':':'
;laintiff tiled a Notice uf Af'f'
Third Circuit ch,,: ;.:. Lt. J ()nly the resolution of the ';':'
I

3

claim.
The Third Circuit requested the parties to consider
participation in Alternative Dispute Resolution (ADR).
We
decided to pursue settlement since there was the possibility of a
reversal on appeal and since the termination letter improperly
referred to a discharge for medical reasons notwithstandinq all
medical evaluations confirmed fitness for duty.
The case was
settled for $100,000.

C. SIGNIFICANT CASES, TRIALS or HEARINGS:
Significant Cases:
1. Holder v. Harding, 98-656 (D. Conn); Codianni-Robles v.
Harding, 98-1481(D.Conn) - Two female inmates are challenging the
ability of male staff to conduct routine pat searches.
Both
inmates have been assigned to the Bridge Unit, a housing unit for
women who have suffered traumatic experiences, including sexual
assault or abuse.
Counsel has been appointed to represent each
inmate. Counsel for all parties have had numerous telephonE'
conference calls wi th the court regarding discovery and <.t her
issues.
On October 13, 1998, Holder filed for a TRO t •. , !',,;;t [din
Danbury staff from subjecting her to routine cross gencit'! fldt
searches and to order staff not retaliate against her.
V;,
dr,'
vehemently opposing.
A hearing is scheduled for Octoh01
1998.
The hearing on the merits of the underlying pet i:: ..
has been rescheduled for November 30 and December 1, ],

Upcoming Trials:
1. Chinchilla v.

United States, 97 CV 0846 (SONY) -- ! : :.'
inmate Roger Chinchilla, Reg. No. 43293-053, alleqed :~, "
negligent maintenance of a soccer field at FCI Otisvi;"
him to suffer a severe and permanent injury to his leo.
inmate, after colliding with another inmate, suffered
leg.
After discove ry and unsuccess ful di spos i t i ve m< " ,
case is scheduled for trial on October 19, 1998.
Ttl.
is expected to call FCI Otisville staff who witnesse,j
incident and were familiar with the well-maintainpd ,"
the field.
2. Carter v. Luther, Civil Action No. 94-72E (WDPA)
Former inmate Joseph Carl Carter, Reg. No. 32856-004,
deliberate indiftelence to his medical needs (asthmal
Warden at FCr McKean.
Specifically, he alleqes that
personally advised thE: Warden during his rounds ttJl<I:;:'
that the conditions (hiqtJ temperatures and poor d l r q;

4

worsened his medical condition.
It is anticipated that the case
will go to trial within the next two months.

D. RELIGIOUS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: - No new activity
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR OCTOBER 1998:
Hank Sadowski -Travel - 10/14 - Meeting in OGC regarding Holder.
Annual Leave - None Scheduled
Mike Tafelski -Travel - 10/8 -10/9 -- New Haven/FCI Danbur.y
10/14 - Meeting on OGC regarding Holder.
10/16-23 - FCI Danbury and u.S. Attorney
office for preparation of Holder.
Annual Leave - None Scheduled
Toni Brown-

Travel - 10/5-10/8 -- Women in Corrections Conf.
Annual Leave - 10/9

Chris Synsvoll-Travel - 10/26-11/6 -- FCI Ft.
Annual Leave - None Scheduled
Ron Hill -

Travel - None Scheduled
Annual Leave - None Scheduled

James Vogel -

Travel - None Scheduled
Annual Leave - 10/16/98

Dix for I.F'.

u.s. Department of Justice

(

Federal Bureau of Prisons
Northeast Regional Office
U.S. Custom House
2nd & Chestnut Streets
Philadelphia, PA. 19106

November 16, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR AND GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - October 1998

I. ADMINISTRATiVE LEGAL ACTIViTIES - SUMMARY REPORT

A. Administrative Remedies - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Pending on 1st 110 91 146 162 167 180
Rec'd in month 113 155 187 188 187 172
Ans'd in month 132 100 171 183 174 207
Pending at End 91 146 162 167 180 145
o 0
o 000
Over 30 days
B. Administrative Tort

Cla~s

145
153
152
146

o

146
151
153
144
0

144 132
148 182
160 149
132 165

o o

- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 236 262 261 283 320 348 319 296 271 265
Rec'd in month 77 73 92 73 60 64 51 60 57 57
Recons. rec'd
3
2
341
03510
Ans'd in month 54 76 73 40 33 93 77 90 64 101
Pending at End 262 261 283 320 348 319 296 271 265 221
Over 180 days
o 0 000 00000

C. Tort

Cla~

Investigation Status:

As of October 31, 1998

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

Pending

4

6

8

5

6

5

3

17

7

1

5

3

3

7

3

OVer 60 days

0

0

0

0

0

0

0

0

0

0

0

O·

0

0

1

4491

2

C'

D. FOI/Privacy Act Requests - 1998

Pending on 1st
Recld in month
Ansld in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1

MAR
9
32
29
15
0

APR MAY JUN JUL
15
32 32 4
38
41 31 45
41 59 27
21
32
32
4 22
0 6
1
1

AUG
22
37
37
22
8

SEP
22
41
48
15
1

OCT NOV DEC
15
46
32
29
1

As of October 31, 1998

E. FOIA Requests for records:

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

Pending
Over 20 days

II.

5
0

0
0

1
0

1
0

0
0

5
0

0
0

2
0

1
0

0
0

6
0

1
0

1
0

1
0

2
0

2
1

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625 639 626 623 622 616
13 15 21 24 19 13 11 20 12 30
3 13
5 14
5
7 13 13 15
6
1
1
1
3
243
1
1
4
6
2
5
9
3
4
1
3
1
2
1
4
1
2
0
3
1
1
4
2
o 0 0 2
2
2
0
0
0
2
9
9 10
4
8
9
11
8 10 10
12
5
5 26 14 21 18 17
66
7

B. SETTLEMENTS AND AWARDS:

1. Cuoco v. United States. et.
This Bivens/FTCA case in which
alleged excessive use of force
FTCA prior tq trial based upon
u.s. Attorney's office.

al., 93 Civ. 1268 (S.D.N.Y.) John Andrew Cuoco, 80894-054,
was settled for- $10, OO(f under the
the strong recommendation of the

2. Cuoco v. United States. et. al., 93 Civ. 2806 (S.D.N.Y.) - In
this Bivens/FTCA case, inmate Cuoco alleged that he suffered from
the salmonella poisoning that occurred at Fcr Otisville in
October 1991. Prior to trial, experts agreed that the Plaintiff
received medical care consistent with salmonella poisoning for a
period of 8-10 days. Case settled under the FTCA for $3,500 on

4492

(

3

the basis of the settlements in similar OTV salmonella cases.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
1. United States v. Hammer, 4:CR-96-239 (M.D.Pa.)- On November 4,
1998, Judge Muir formally imposed the sanction of death upon
inmate David Paul Hammer, 24507-077, for the 1996 strangulation
killing of his celimate. The Judge issued an order that the
inmate be put to death on January 14, 1999, unless an appeal is
filed.
On November 10, 1998, Hammer filed a pro se notice of
appeal.
FCC Allenwood Attorneys Tim Roberts and Nellie Torres
assisted the AUSA throughout the trial and sentencing.
2. Chinchilla v. United States, 97 CV 0846 (S.B.N.Y.) - On
October 19, 1998, the FTCA claim filed by inmate Roger
Chinchilla, 43293-053, went to trial. The Plaintiff alleged that
the negligent maintenance of a soccer field at FCI Otisville
caused him to suffer a severe and permanent injury to his leg.
Our evidence showed that the inmate suffered a broken leg, caused
by a collision with another inmate. Four hours after the trial,
the Court ruled in favor of the government, based in large part
upon the excellent staff testimony. FCI Otisville Paralegal Ros
Bingham assisted the AUSA.
3. Lowe v. United States, 97-3038 (N.D. Iowa) - This FTCA ·case
filed by former ICC inmate Danny Lowe, 07100-029, went to trial
on October 27, 1998. The plaintiff alleged that a delay in
antibiotic treatment for his teeth caused an abscess and
subsequent extraction of teeth. The Court ruled in the
government's favor.
4. Funches v. Reish. et.al., 97-Civ-7611 (LBS) (SONY)
On October 5, 1998 Court issued an order dismissing this case
brought by paraplegic inmate Edward Funches, 37764-054, who was
housed at MCC NY. The Plaintiff alleged improper medical care
and violation of the ADA (access to religious services and
outdoor recreation were allegedly not available).
Some aspects
of this dismissal were without prejudice after exhaustion of
remedies. MCC NY Attorney Clinton Stroble assisted the AUSA.
5. Holder v. Harding, 98-656 (D. Conn); Codianni-Robles v.
Harding, 98-1481 (D. Conn) - These cases have been discussed in
prior monthly reports. Two female inmates are challenging the
ability of male staff to conduct routine pat searches. A hearing
on the merits of issuing a permanent injunction is scheduled for
December 15, 1998.
In the interim, Inmate Tinia Holder, 09474-

4493

4

424, requested a TRO on the basis that a number of actions taken
by staff amounted to retaliation for fining the lawsuit. The
court held a hearing on October 20 and 28, 1998. On
November 10, 1998, the Court issued an order prohibiting the
assignment of a particular officer (who the Court found had
intentionally violated the parties agreement exempting the
Petitioner from routine cross-gender pat searches) from any
correctional post that may put him in contact with the petitioner
and formalizing the previously agreed upon exemption. On
November 12, inmate Holder alleged that a male officer pat
searched her on November 11, 1998. The officer denied this
allegation. An emergency hearing was held on November 13, 1998,
to be completed on November 17, 1998. Mike Tafelski has been
assisting the AUSA at the hearings.
UPCOMING HEARINGS/TRIALS:
1. United States v. Rodney Robinson, Crim --

(E.D.N.Y.)

Trial of "Badfellas" defendant and former MOC Brooklyn staff
member began on November 9, 1998. MDC Brooklyn Attorney Azzmeiah
Vazquez has been assisting the U.S. Attorneys office.

('
'"

2. Carter v. Luther , Civil Action No. 94 -72E (W.O. PA.) - Inmate
Joseph Carl Carter, 32856-004, alleged deliberate indifference to
his medical needs (asthma) by the former Warden at FCI McKean.
Specifically, he alleges that he personally advised the Warden
during his rounds through the SHU that the conditions (high
temperatures and poor air quality worsened his medical condition.
It is anticipated that the case will go to trial within the next
two months. Assistant Regional Counsel, Toni Brown is assisting
the AUSA.
3. United States v. Lawyer Lee Walker, CR:96-

(M.D.PA. )

The trial of inmate Lawyer Lee Walker, 26727-083, for the assault
of food service worker at USP Lewisburg in July 1996 is scheduled
for January 1999. The original guilty plea was reversed and
remanded for additional fact-finding by the Third Circuit on the
issue of whether a food service supervisor is a "corrections
officer" for purposes of the Sentencing Guidelines.
D. RELIGIOUS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: - No new activity
(

F. PLRA 1915 DISMISSALS:

None

4494

5

('

IXX. TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 1998:
b6 -Travel - 11/16 -11/20 - General Counsel Meeting
Annual Leave - None Scheduled
6 -Travel - 11/12- 13 -- Holder case, New Haven, CT
Annual Leave - 11/27, 11/30
b6- Travel - None Scheduled
Annual Leave - 11/27
b6-Travel - 11/16 - 11/20 - New Attorney Training
Annual Leave - None Scheduled

IIIIIIII - b6

Travel - None Scheduled
Annual Leave - None Scheduled

b6 - Travel - None Scheduled
Annual Leave - None Scheduled'

(

4495

u.s. Department of Justice

(

Federal Bureau of Prisons

Northeast Regional Office
(1.S. Om"",

HOII.fC'

2"" & Ol".fllllll SlrfC'1.f
rllilll.".,,,lrili. PA. IC}lOfI

December 10, 1998

MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR AND GENERAL
COUNSEL,

FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - November 1998

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 1998
JAN FEB MAR APR
Pending on 1st 110 91 146 162
Rec'd in month 113 155 187 188
Ans'd in month 132 100 171 183
Pending at End 91 146 162 167
o 000
Over 30 days

B. Administrative Tort

Cla~s

MAY
167
187
174
180
0

JUN
180
172
207
145

o

I.TUL AUG SEP OCT NOV DEC

145
153
152
146

o

146
151
153
144

0

144
148
160
132

o

132
182
149
165

0

165
170
166
169

o

- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 236 262 261 283 320 348 319 296 271 265 221
51 60 57 57 56
Rec'd in month 77 73 92 73 60 64
Recons. rec'd
3
2
3
4
1
o 3 5 1 o 1
76 73 40 33 93 77
Ans'd in month
90 64 101 70
54
Pending at End 262 261 283 320 348 31q 296 271 265 221 208
Over 180 days
o
o 000 o o 0 o o o

C. Tort

(

Cla~

Investigation Status:

As of November 30, 1998

1\1.F 1\I.t'-1 I\LP AI.W BRCl [Jl\tl F/\ T r-T[l LEW UlR MCK NYM OTV RBK SCH
H
4
'1
')
1()
7
I.
1,:.
1
3
6
6
;.:
6
1
Over 60 days ()
n
(J
0
()
(l
(IOU
0
0
0
0
0
1
Pp.ndinq

3271

('.

2

"

D. FOI/Privacy Act Requests - 1998
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1

MAR
9
32
29
15
0

APR MAY JUN JUL
32 32 4
15
38
41 31 45
21
41 59 ':.7
32
4 "''''
32
1
1
0 t)
~

II.

ALF ALM ALP ALW BRO
n
0
1
0
0
0

0

0

0

0

8

SEP
22
41
48
15
1

OCT NOV DEC
15
29
46
25
32
50
4
29
0
1

As of November 30, 1998

E. FOIA Requests for records:
Pendinq
Over 20 days

L-

AUG
22
37
37
22

DAN Fi\ :

FTII Ln.; lol>R
I:
(':

()

I'

MCK NYM OTV RBK SCH NER

I:

....

n

0

L-

0
0

0

0

0

0

0
0

0
1

LITIGATION ACTIVITY - 1998 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
670 604 597 606 625 639 626 623 622 616 629
13 15 21 24 19 13 11 20 12 30 11
7 13 13 15
6
13
5 14 10
.3
5
0
1
1
1
3
1
4
3
1
2
4
3
6
5
9
2
3
1
1
1
2
4
4
3
1
0
2
1
2
4
1
0
1
0
0
0
2
0
0
2
2
"
9 11 13
10
4
8
8 10 10
9
9
7 12
6
5
5 26 14 21 18 17
66

B. SETTLEMENTS

AND AWARDS:

° °

L.

1. Tejada v. United States, 97-1942 (D.N.J.) - Former inmate
Pedro Tejada, 63389-061, filed this FTCA case alleging that he
suffered a serious and severe injury to his left wrist while
playing basketball at FCI Ft. Dix and came under the medical care
of staff at FCI Ft. Dix and later USMCfPSpringfield.
Plaintiff
claims he has sustained irreversible damage to his left wrist and
requested $900,000.00.
Liability exposure existed as a result of
an almost three month delay between the diagnosis of a wrist
fracture and the examination by the orthopedic specialist.
On
September 22, 1998, after a non-binding arbitration hearing, an
arbitrator found in favor of the plaintiff in the amount of
$38,500.00. The AUSA recommended the government accept the
arbitrator's finding.
After consultation with the Office of

3272

(

3

General Counsel and Health Services Division, approval was
granted to settle for the amount of the arbitration award.

c.

SIGNIFICANT CASES, TRIALS or HEARINGS:

1. H6lder v. Harding, 98-656 (D. Conn); Codianni-Robles v.
Harding, 98-1481(D.Conn) - These cases have been discussed in
prior monthly reports.
Two female inmates are challenging the
ability of male staff to conduct routine pat searches. On
November 9, 1998, the On November 13 and 17, 1998, hearings were
held in response to the Petitioner's Motion to hold respondent in
Contempt. The Petitioner alleged that while exiting the dining
hall, a male staff member pat searched her contrary to the
Court's November 9, 1998 Order prohibiting it. On November 24,
1998, the Court issued an order denying the Petitioner's request
(without making a factual finding) and ordered that the Warden
provide all staff notice of the Court's November 9, 1998 within
72 hours. On December 3, 1998, another hearing was held after
the inmate alleged that sh~ was once again cross-gender pat
searched on November 29, 1998. No decision has been issued by
the Court. Mike Tafelski has been assisting the AUSA at the
hearings.
NOTE: Two more petitions have been filed by FCI Danbury inmates
containing, in part, the same allegation.
2. United States v. Rodney Robinson, Crim
(E.D.N.Y.)- On
November 24, 1998, a'jury verdict of guilty was returned against
one of the "Badfellas" defendant and former MDC Brooklyn staff
member Rodney Robinson.
He was found guilty on two counts of
bribery and one count of introducing heroin into a correctional
facility.
He faces a mandatory minimum of eight years
imprisonment. MDC Brooklyn Attorneys Azzmeiah Vazquez and Les
Owen have been assisting the u.S. Attorneys office.
3. United States v. Luis, 98 Cr. 680(SDNY) - On November 12,
1998, a hearing was held before Judge Schwartz regarding the
feasibility of satisfying subpoenas issued by defense counsel.
Dominique Raia attended the hearing and explained to the Court
the procedures and response times.
4. United States v. Bin Laden, S2-98 Cr. 1023 (S.D.N.Y.) - On
November 16 and November 17, 1998, Judge Sand of the Southern
District of New York held hearings concerning allegations and
complaints made by pre-trial inmates being held at MCC NY in
connection with the embassy bombings in Africa (Mohamed Rasheed
Al-Owhali, 42371-054; Mohammed Sadiq Odeh, 42375-054; Wadih

3273

4

Elias El-Hage, 42393-054). The Judge, the-AUSA, and defense
counsel, toured the area where the inmates are housed.
Judge
Sand concluded that based upon the totality of the circumstances,
the housing conditions are not only adequate, but even better
than the rest of the SHU inmates.
UPCOMING HEARINGS/TRIALS
1. Carter v. Luther, Civil Action No. 94-72E (W.D.PA.) - Inmate
Joseph Carl Carter, 32856-004, alleged deliberate indifference to
his medical needs (asthma) by the former Warden at FCI McKean.
Specifically, he alleges that he personally advised the Warden
during his rounds through the SHU that the conditions (high
temperatures and poor air quality worsened his medical condition.
The case is scheduled for trial on December 14, 1998. Assistant
Regional Counsel, Toni Brown is assisting the AUSA.

(

2. United States v. Walker, 4:CR:97-00l2(M.D.PA.)- The
resentencing of inmate Lawyer Lee Walker, 26727-083, for the
assault of food service worker at USP Lewisburg in July 1996 was
scheduled for December 9, 1998. The original guilty plea was
reversed and remanded for additional fact-finding by the Third
Circuit on the issue of whether a food service supervisor is a "
corrections officer" for purposes of the Sentencing Guidelines.
3. Menillo v. Warden, No. 98-7340 (3d Cir.) On December 10,
1998, oral argument is scheduled held before the u.s. Court of
Appeals for the Third Circuit.
Hank Sadowski is to argue on
behalf of the Re~pondent. The underlying habeas corpus petition
involved a challenge to the sentence computation as calculated by
the Bureau of Prisons. The issue is whether, for about a two
year period, the inmate was under the primary jurisdiction of the
state authorities or the federal authorities while in pretrial
status.
D. RELIGIOUS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: - No new activity
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 1998:
Travel - None Scheduled
Annual Leave - December 11, 18, 28-31
5

3274

u.s. DEPARTMENT OF JUSTICE

(

Federal Bureau of Prisons

NORTHEAST RE'IONAl OFFI'E

u.s.

tUITOM HOUSI
lND&tHESfNUTSTREETS
PHIlADElPHIA, PAw '''06

January 13, 1999
MEMORANDUM FOR CAROLYN SABOL, 'ACTING ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - December 1998

I. ADMiNJ:STRATJ:VE LEGAL ACTIVITiES - SUMMARY REPORT

A. Administrative Remedies - 1998
JAN FEB MAR APR MAY
Pending on 1st 110 91 146 162 167
Rec'd in month 113 155 187 188 187
Ans'd in month 132 100 171 183 174
Pending at End 91 146 162 167 180
o 0
Over 30 days
000

B. Administrative Tort

Cla~s

JUN JUL AUG SEP OCT NOV DEC

180
172
207
145

o

145
153
152
146
0

146
151
153
144
0

144
148
160
132
0

132
182
149
165
0

165
170
166
169
0

169
183
185
167
0

- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 236 262 261 283 320 348 319 296 271 265 221 208
Rec'd in month 77 73 92 73 60 64 51 60 57 57 56 81
Recons. rec'd
3
2
3
4
103
5
1
0
1
0
Ans'd in month 54 76 73 40 33 93 77 90 64 101 70 44
Pending at End 262·261 283 320 348 319 296 271 265 221 208 245
Over 180 days
0
0
o 0
000
0
o
000

C. Tort

Cla~

investigation Status:

As of December 31, 1998

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
Pending
Over 60 days

8
0

3

o·

11
0

1
0

10
2

7
0

6
0

12
4

4496

3
0

2
0

2
0

4
0

1
0

7
0

0
0

(
2

D. FOI/Privacy Act Requests - 1998
Pending on 1st
Recld in month
Ansld in month
Pending at End
Over 20 days

JAN
37
34
58
13
1

FEB
13
28
35
9
1

MAR
9
32
29
15
0

APR MAY JUN JUL
15
32 32 4
38
41 31 45
21
41 59 27
32
32
4 22
O· 6
1
1

E. FOIA Requests for records:

Pending
>20 days

II.

AUG
22
37
37
22
8

SEP
22
41
48
15
1

OCT NOV DEC
15
4
29
46
25 31
32
50 24
29
4 11
1
0
4

As of December 31, 1998

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH NER DEV
2
1
3
0
0
0
0
2
0
1
0
0
0
2
0
1
0
~O
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0

LiTiGATION ACTIVITY - 1998 NORTHEAST REGION

A. SUMMARY REPORT

(,
C~ses 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
670 604 597 606 625 639 626 623 622 616 629 634
13 15 21 24 19 13 11 20 12 30 11 13
7
5 14 10
7 13 13 15
6
3 13
5
1
3
0
1
1
1
2
3
1
1
4
4
9
1
4
3
6
2
5
3
1
1
2
4
0
0
2
.1
4
3
1
4
1
0
2
1
0
0
0
1
0
0
2
0
2
0
2
2
5
8
9 11 13
9 10
8 10 10
4
9
6 14
66
7 12
5
5 26 14 21 18 17

B. SETTLEMENTS AND AWARDS:
1. Raineri v. U.S., 92-2509
United· States agreed to pay
19006-038 for property lost
Unit at FC!

c.

(D.N.J.) - In this FTCA case, th~
$164. 64:· to inmate Bruce Raineri I
when he was placed in the S i a l
in May 1996.

SIGNIFiCANT CASES. TRIALS or HEARINGS:

1. Menillo v. Warden, No. 98-7340 (3d Cir. January 11, 1999) - On
December 10, 1998, I presented oral argument before the Third
Circuit in this appeal of a habeas corpus case.
The inmate was
sentenced on both state and federal charges.
The inmate was

4497

seeking a ruling that the federal government, not the state, was
the primary custodian, which would have caused him to receive
3

about two years of prior custody credit. The district court
denied the petition.
In a January 11, 1999 "not precedential"
opinion, the Third Circuit affirmed the denial of habeas relief
and held the record supported the Bureau's determination that the
inmate was in the primary jurisdiction of the state.
2. United States v. Walker, 4:CR:97-0012(M.D.PA.)- Inmate Lawyer
Lee Walker, 26727-083, was convicted of the assault of food
service worker at USP Lewisburg in July 1996. A resentencing
hearing was required by the Third Circuit decision in United
States v. Walker, 149 F.3d 238 (3d Cir,. 1998), which implied
that, for sentencing guidelines purposes, all Bureau staff may
not meet the definition of law enforcement officer.
On
December 29, 1999, the district court held that the evidence
supported a finding that the food service supervisor was a law
enforcement officer for
ses of the sentencing guidelines.
3. Rioe v. Wiley, 1:CV-98-1507 (M.D.PA.) - On December 8, 1998,
in this habeas corpus case, the court ordered that FPC Allenwood
grant inmate Francisco Rios, 31077-054, additional prior custody
credit for about 22 months already credited towards his state
sentence.
This credit would be directly. contrary to 18 U.S.C.
§ 3585(b).
The court granted our motion to stay his order. A
motion to amend the order is pending.
4. Holder v. Harding, 98-656 (D. Conn) - In this cross gender pat
search case out of Danbury (discussed in prior reports), there
has been no decision from the court after the December 3, 1998
contempt hearing. This h~aring was held after the inmate alleged
that she was once again cross-gender pat searched on November 29,
1998. Mike Tafelski has been assisting the AUSA at the hearings.
UPCOMING HEARINGS/TRIALS
1. Carter v. Luther, Civil Action No. 94-72E (W.D.PA.) - Inmate
Joseph Carl Carter, 32856-004, alleged deliberate indifference to
his medical needs (asthma) by the former Warden at FCI McKean.
Specifically, he alleges that he personally advised the Warden
during his rounds through the SHU that the conditions (high
temperatures and poor air quality worsened his medical condition.
The case proceeded to trial on January 11, 1998. Assistant
Regional Counsel Toni Brown is assisting the AUSA.

4498

(

D. RELIGIOUS CASES: - No new activity

4

E. ENSXGN AMENDMENT CASES: - No new activity
F. PLRA 1915 DISMISSALS:

II~.

None

TRAVEL AND LEAVE SCHEDULE FOR JANUARY 1999:
b6 -Travel - None Scheduled
Annual Leave - None Scheduled
b6 -Travel - January II-Holder depositions, Danbury
January 13-14 Holder depositions, MARO
Annual Leave - January 7
b6 -

Travel - January 11-13 - Erie, PA for Carter
Annual Leave - January 4-5

trial

(

b6

-Travel - January 11 - February 1, 1999 -

GLYNCO
Annual Leave - None Scheduled

IIIIIIII

b6-

Travel - None Scheduled
Annual Leave - January 5-8
b6-

Travel - None Scheduled
Annual Leave - None Scheduled

4499

 

 

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