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Fbop Ner Monthly Reports 2000may-aug

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u.s. Department of Justice

C·-,

Federal Bureau of Prisons

Northeast Regional Office
lI. S. C:u.flnm Hnu.f~

2"d & <'71~.fmUl Slr~~I.f
Pllilotklpllia, PA. 19106

June 15, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - May 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

(

A. Admdnistrative Remedies - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158

o

FEB
158
167
163
162
0

MAR
162
223
199
186
0

APR
186
165
192
159
0

MAY JUN JUL AUG SEP OCT NOV DEC
159
186
190
155
0

B. Admdnistrative Tort Claims - 2000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284 306 286
Rec'd in month 42 64 93 68 70
Recons. rec'd
0
4
1
1
1
Ans'd in month 50 72 71 89 91
Pending at End 291 284 306 286 266
Over 180 days
0
0
0
0
0

c.

(

Tort Claim Investigation status:

SCH
Pending
Over 60 days

As of May 31, 2000

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK
4
0

15
0

15
0

3
0

15
0

8

0

8
0

3402

7

0

6
0

13
0

4
0

10
0

2

4

0

0

9
0

9
0

2

D. FOI/Privacy Act Requests - 2000

JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

*

17
39
34
12
12

12
53
54
11
11

11
60
45
26
5*

26
69
63
32
1*

32
57
43
46
0

Note: Archived records.

E. FOIA Requests for records:

As of May 31, 2000

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

5

2

0

3

1

2

7

...

"I

5

4

1

5

2

0

0

0

0

0

0

0

0

0

0

0

0

0

2

1

2

2

>20 days

II.

(

A.

0

0

0

LITIGATION ACTIVITY - 2000 NORTHEAST REGION
SUMMARY

REPORT

Open on 1st
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
318 329 330 349 359
16 18 28 18 27
10 11
9 12 16
0
3
2
1
4
5
3
8
1 10
'l
0
6
£.
1
1
0
0
0
1
1
8 10
8
21
9"
8 24
12 17

B. NEW CASES/SETTLEMENTS/AWARDS/SIGNIFlCANT OPINIONS:
1) Beckwith v. U.S., 4:98-CV-1496 (MDPA) - Court adopts joint
stipulation of dismissal for $750.00 loss property case.~
2) Bryant v. U.S. , 3:99-CV-0467 (MDPA) On May 31, 2000, Court
grants petition for early release (contrary to Magistrate's
Report and Recommendation) finding that firearm enhancement is
not proper basis for early release denial.
Decision regarding
reconsideration or appeal is pending.
3) Gambino v. Gerlinski, No. 99-2253 (3d Cir) - Court of Appeals

3403

0

affirmed District Court's ruling which supported the Warden's
denial of CCC placement to organized crime member. Court stated
3

that 18 U.S.C. 3624 does not mandate CCC placement and BOP has
broad discretion.
4) Lindsay v. Mendez, 3:CV-00-476 (MDPA) - Court denied habeas
petition .in which D.C. inmate housed in BOP custody sought denial
of D.C. educational good time credit. Court noted that no equal
protection or due process rights were violated and that
interstate compact act does not apply to D.C. inmates within BOP
custody. Court also noted that BOP is working on policy change.
C. HEARINGS/TRIALS: 1) Toolasprashad v. Henry, 4:CV-97-1234 (MDPA)- This Bivens case
is scheduled for jury selection on July 6, 2000. Remaining case
is against five defendants and issue for trial is whether staff
improperly transferred inmate.
2. United states v. Hilton, Crim No.
(EDPA)- On May 25, 2000,
Judge Weiner had a sentencing hearing for an inmate facing both
state and federal sentences. On request from the AUSA, I
assisted at the hearing to address concerns from the Judge on the
interaction of the two sentences.
D. RELIGIOUS CASES: No new activity.
E. ENSIGN AMENDMENT CASES: F. PLRA 1915 DISMISSALS:

No new activity.

- None noted.

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1) USP Allenwood - 5 referrals (2 Inmate on staff assault, 2
possession of weapon, 1 possible introduction of black tar heroin
in soft cover book inside legal envelope).
2) FCI Fort Dix - 1 referral.
3) USP Lewisburg - 2 referrals (Inmate walkaway from campi inmate
assault on staff (during use of force inmate spit on and kicked
officer) )

(

3404

(

4
TRIALS/SENTENCING:
1) U.S. v . Wigger, (MDPA ) - On May 15, 2000, former Lscr
Allenwood inmate Darrin Wigger, Reg. No. 46016 - 053 , was sentenced
to time served ( 18 days ) for damaging a sprinkler head in the
SHU.
2)On May 9, 2000, William Lefty Turner was indicted by a federal
grand jury for escaping from Fcr McKean's camp in April 2000.

TRAVEL AND LEAVE SCHEDULE FOR JUNE 2000:
Travel
2 - Fcr Fairton tour with D.C. Judges
June 6-7 - Training in Buffalo to 2d Cir. USPOs.
June 14 - New Haven, CT - US Attorney award ceremony
June 20 - 22 - OGC meeting in D.C.
Annual Leave - June 23-28

(

Travel - June 13, 2000 - FCC Allenwood meeting
June 14 - New Haven, CT for award from US Attorney
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - June 22-23
Travel - June 14 - New Haven for US Attorney award
Annual Leave - June 30
Travel - None Scheduled
Annual Leave - None scheduled
Travel - MSTC June 5-16.
Annual Leave - None scheduled

(

3405

u.s. Department or Justice
Federal Bureau of Prisons
Nonheast Regional Office
f Ui. CILfllmr Hou...t
21ld & O,t...IIIUI Sirttl...
Plrilntklpl,ia, PA. 19106

July 17, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - June 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
"

(

"-.

A. Administrative Remedies - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158
0

FEB
158
167
163
162
0

MAR
162
223
199
186

APR
186
165
192
159
0
0

MAY
159
186
190
155
0

JUN JUL AUG SEP OCT NOV DEC
155
210
178
187
0

B. Administrative Tort Claims - 2000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
291 284 306 286 266
295
Pending on 1st
Rec'd in month 42 64 93 68 70 66
0
1
1
1
1
4
Recons. rec'd
Ans'd in month 50 72 71 89 91 66
Pending at End 291 284 306 286 266 267
a 0 0 0 0 0
Over 180 days
C. Tort Claim Investigation Status:

As

of June 30, 2000

ALF ALM ALP ALW BRO DAN DEV FAI FTO LEW LOR MCK NYM OTV RBK
I

\'.

SCH
Pending
Over 60 days

3

0

9
0

19
0

4
0

23
0

2

.:..

0

0

'"

3443

3
0

16

5

5

0

0

0

7
0

5
0

5
0

11
4

9
0

2

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

APR
11 26
60 69
45 63
26 32
5* 1*

MAR

MAY

32
57
43
46
0

JUN JUL AUG SEP OCT NOV DEC
46
50
66
30
2*

* Note: Archived records.
E. FOIA Requests for records:

As of June 30, 2000

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

0

0

1

1

4

0

2

0

3

5

0

4

2

2

3

3

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

1

o
>20 days

o

(

II.

LITIGATION ACTIVITY - 2000 NORTHEAST REGION

A. SUMMARY

REPORT

Open on 1st
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
318 329 330 349 359 362
16 18 28 18 27 19
10 11
9 12 16 12
2
o 3
421
5
5
3
8
1 10
o
1
1
620
o
00110
8 10
8
21 15
12 17
9
8 24 15

B. NEW CASES/SETTLEMENTS/AWARDS/SIGNIFlCANT OPINIONS:
NEW CASES:
1) DeCarlo v. USA (4:CV-00-I059) (MDPA) (FTCA) - Plaintiff alleges
negligent medical care for an apparent heart attack he suffered
in SHU at the USP on December 22, 1997. Plaintiff seeks in
excess of ten million dollars. Plaintiff is represented by
counsel.

3444

(

2) Iravani v. Zenk (4:00-CV-1115) (MDPA) (Biv/TRO) - Plaintiff
sought a TRO based upon alleged lack of adequate medical care.

A

3

hearing was started on June 22, 2000, however, before the hearing
could be concluded, the Plaintiff received the requested medical
care. Attorney Goldring assisted with the hearing.
SETTLEMENTS:
1) Scrima v. United States, 97 Civ 8433 (SDNY) - FTCA case in
which inmate, now released, claimed he was attacked by a
separatee when a cell door inexplicably opened in the SHU. Case~
, ~a.s~:,s·ettled;·t:>
f9:r;~ $":1, OOO:f

SIGNIFICANT OPINIONS:

(,

l)Coulthurst v. u.s. 95-1316 (D. Conn) - On May 31, 2000, Second
Circuit vacated the District Court's dismissal stating that FTCA
claim is not barred by the discretionary function exemption
because Plaintiff may be able to show that injuries caused in
1994 by faulty exercise machine may be due to FCI Danbury staff's
failure to inspect equipment periodically or replace the cable.
2)Bryant v. USA (3:CV-99-0467) (MDPA) (HC) - On May 31, 2000, Court
ordered the BOP to reconsider the Petitioner's eligibility for a
one year sentence reduction based on Petitioner's successful
completion of RDAP. Petitioner had been denied consideration
based on a two point firearms enhancement. We have asked the
court for reconsideration on the basis of the Supreme Court grant
of certiorari in a related case.
3) Cunningham v. Jusino, (3:CV-99-0322) (MDPA) (HC) - Petitioner
sought to overturn a DHO hearing regarding his absence from a
halfway house after he completed the ICC program at Lewisburg.
Court order dated June 27, 2000, granted the petition in part and
held that Petitioner was not afforded the opportunity to call
witnesses or to present documentary evidence. The Court ordered
the BOP to either expunge the report or to conduct a rehearing
within thirty days of the'court's order. The Petitioner had been
released on April 18, 2000, well before the Court's order. We
are seeking reconsideration based on mootness.

c.
~,

HEARINGS/TRIALS: -

1) Toolasprashad v. Henry, 4:CV-97-1234 (MDPA)- This Bivens case,

3445

arising out of FC! Allenwood, was scheduled for jury selection in
July but has been postponed until January 2001, after difficulty
4

ensuring that the Plaintiff received all of his legal property in
time to prepare for trial. Remaining case is against five
defendants and issue for trial is whether staff improperly
transferred inmate.
2) Pri-Har v. Zenk (3:CV-00-749) (MDPA) (Biv) - A hearing was
scheduled to determine whether a preliminary injunction should be
issued regarding inmate Pri-Har's allegations of denial of access
to the courts. Prior to the hearing, inmate Pri-Har was
transferred from FC! Allenwood to LSCI Allenwood and the request
for preliminary injunction was determined to be moot. The
underlying Bivens complaint remains active. Attorney Goldring
assisted in the hearing.
3) !ravani v. Zenk (4:00-CV-1115) - See above.
4) Committed fine hearing was held for FPC Allenwood inmate Elvin
Perez Soto, Federal Register Number 03510-069, on June 30, 2000.
The court ordered the defendant released at the appropriate time
and reminded him of his obligation to pay his debts. Paralegal
Specialist Jeff Fromm assisted in the hearing.
5) A bail hearing was held on June 29, 2000, for inmate John
Glenn Keeling, Register Number 02241-041. Inmate Keeling is
under an indictment for threatening federal official$ and members
of their families. A week after the hearing, the court ordered
inmate Keeling held without bail. Supervisory Attorney Michael
Sullivan assisted with the hearing and four USP Allenwood staff
testified.
6) u.S. v. Melvin Richards; 98CR1377 (SDNY) - On June 30, 2000,
the Court issued an' order directing the BOP to provide dental
treatment to begin July 7, 2000. The Court conducted a hearing
on June 21, 2000, where two opposing medical experts testified.
Prior to his conviction and recommitment in Feb. 2000, the
defendant had bridge and implant work. The Court heard medical
testimony and criticized the BOP expert for refusing to
acknowledge the defendant is in need of prompt treatment. The
Judge found extensive dental treatment is medically necessary and
urgently needed by the defendant and ordered the BOP to complete
the needed bridge and implant treatment, or to furlough the
defendant so that he can obtain private care at his own expense.
In the alternative, the court indicated it would release the

3446

(...

defendant on bail so that private care may be obtained. We
commenced treatment on Friday and are assessing our options.
5

7) U.S. v. Dennis Nicholson; 95-60 (W.D.PA.) - On July 7, 2000, a
supervised release violation hearing was held. While on
supervised release, the defendant was charged with homicide in
the state of Pennsylvania. The defendant was detained
approximately 9 months pending trial. Since the defendant was
found not guilty of the state charge; the court wanted to confirm
whether the defendant would receive prior custody credit for this
9-month period if sentenced federally. The court specifically
requested a BOP representative. Sr. Litigation Counsel Toni
Brown attended the hearing and testified concerning the
application of 18 U.S.C. § 3585(b) which governs prior custody
credit, and U.S.S.G. § 7Bl.3(e) which authorizes the court to
increase the term of imprisonment upon revocation of supervised
release to ensure the penalty is not decreased by time in
official detention.
D. RELIGIOUS CASES: No new activity.
('

E. ENSIGN AMENDMENT CASES: -

No new acti vi ty .

'"

F. PLRA 1915 DISMISSALS:

- None noted.

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1) USP Allenwood - 8 referrals (2 Inmate on staff assault, 4
Inmate on inmate assault, 1 possession of weapon (7 inch shank),
1 introduction of narcotics through social visit) .
2) LSCI Allenwood - 3 referrals (3 inmate on inmate fights)
3) USP Lewisburg - 5 referrals (3 introduction of narcotics, 1
inmate assault on staff, 1 inmate on inmate assault)
TRIALS/SENTENCING:
1) U.S. v. Robert Taylor, 97-CR-531- Former MDC Brooklyn staff
member sentenced to 27 months for involvement in "Bad Fellas n
case.

3447

u.s. Department of Justice

c

Federal Bureau of Prisons

Northeast Regional Office
U.S. Custom House

old & Chestnut SUttts

Phi/Odelphio. PA. 19106

August 17, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - July 2000

I. ADIaNZSTRATIVE LEGAL ACTIVITIES - StlMMARY REPORT
A. Adm.inistrative Remedies - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158

o

FEB
158
167
163
162

o

B. Adm.inistrative Tort

MAR
162
223
199
186
0

APR
186
165
192
159
0

Cla~s

MAY
159
186
190
155
0

JUN
155
210
178
187
0

JUL AUG SEP OCT NOV DEC
187
157
188
156

o

- 2000

JAN FEB MAR APR MAY JUN* JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284 306 286 266 291
Rec'd in month 42 64 93 68 70 90
65
Recons. rec'd
4
1
0
1
1
3
2
Ans'd in month 50 72 71 89 91 68
57
Pending at End 291 284 306 286 266 291 311
Over 180 days
0
0
a a a 0
0
* Numbers have been revised since last month's report.
C. Tort Claim Znvestiqation Status:

As of July 30, 2000

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

(

SCH

Pending

4

6

14

3

25

2

2

3460

3

14

5

354

1

6

9

(

Over 60 days

o

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR
11
60
45
26
5*

APR
26
69
63
32
1*

MAY
32
57
43
46
0

JUN
46
50
66
30
2*

JUL AUG SEP OCT NOV DEC
30
61
49
42
4*

* Note: Archived records.
E. FOXA Requests for records:

As of Ju1y 31, 2000

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

2

0

4

1

3

1

4

1

5

6

2

2

2

1

6

1

0

0

0

0

2

0

0

0

1

0

0

0

1

0

0

1

1

>20 days

(

o

II.

LITIGATION ACTrvITY - 2000 NORTHEAST REGION

A. SOMMARY REPORT
Open on 1st
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
318 329 330 349 359 362 364
16 18 28 18 27 19 17
9 12 16 12 10
10 11
0
0
1
2
3
2
4
4
5
5
3
8
1 10
1
0
0
1
6
2
1
2
0
0
0
0
1
1
8
8 10
8
21 15
7
12 17
9
8 24 15

B. SIGNIFICANT LITIGATION MATTERS:
NEW CASES:
1) Ni Fa Yi, et.al. v. Reno, et.al., 1:00CV3625 (DNJ) - 91
inmates signed an "Application for Temporary Restraining Order

3461

(

and Preliminary Injunction" asking the Court to prohibit FCI Fort
Dix from installing the ITS-II phone system on August 14, 2000.
The inmates alleged a violation of the right to privacy and of
equal protection. The Court, based upon the Government's
response, 0rdered that the matter be transferred to the Eastern
District of Kentucky as part of the Washington v. Reno case.
3

SETTLEMENTS: None
SIGNIFICANT OPINIONS: None
CLOSED CASES:
1) Cope v. United States, 99-238 (EDPA)- On June 28, 2000, a
trial was held in this tort claim case stemming from an alleged
fall down a stairway at FCI Schuylkill in 1998. The Court found
that the Plaintiff, who was represented by counsel, did not meet
his burden of establishing government negligence. Les Owen,
Assistant Regional Counsel, and Gene Dixon, Paralegal, FCI
Schuylkill, assisted the AUSA.
2)Cunningham v. Jusino, (3:CV-99-0322) (MDPA) - Petitioner sought
to overturn a DHO hearing regarding his absence from a halfway
house after he completed the ICC program at Lewisburg. In an
order dated June 27, 2000, the Court granted the petition in part
and held that Petitioner was not afforded the opportunity to call
witnesses or to present documentary evidence. The Court ordered
the BOP to either expunge the report or to conduct a rehearing
within thirty days of the court's order. The Petitioner had been
released on April 18, 2000, before the Court's order. On July
19, 2000, the Court granted the Government's motion for
reconsideration based on mootness.

c.

BEARXNGS/TRLALS: -

1) u.S. v. Seynabou,
Crim. No.
(SONY) - On July 14, 2000, MCC
New York staff, Dr. Glover and Dr. Ryan, testified as to the
competency of inmate Seynabou, Reg. No. 48164-054, as it related
to prescription medication she was taking.
2) u.S. v. Blanca Valencia Criminal No. 99-387, (EDNY)
MDC Brooklyn received an Order to Show Cause for Emergent Medical
Relief for inmate Blanca' Valencia, Reg. No. 56924-053, who had
already been transferred to FMC Carswell on July 5, 2000 due to a

3462

(

high risk pregnancy. While at MOC Brooklyn, the inmate would not
allow medical staff to examine her and refused medication on the
advice of her attorney. Her attorney requested diagnostic
testing, and-termination of pregnancy, at Bureau expense. The
AUSA challenged the propriety of moving the Sentencing Judge to
review medical decision of the Bureau in Texas. The Court
4

was also advised that, with the exception of the abortion, much
of what the attorney was requesting was offered to the inmate.
The Court agreed with the jurisdictional concerns, but requested
the parties to try to agree to a resolution (which was quickly
accomplished). Les Owen, Assistant Regional Counsel and Kecia
Carter, MOC Brooklyn Paralegal attended the hearing.

c. .

3) United States v. Hammer - On Tuesday, July 18, 2000, oral
argument was presented before the Court of Appeals for the Third
Circuit concerning whether inmate David Paul Hammer, Reg. No.
24507-077, should be permitted to withdraw his appeal.
In 1998,
Hammer was convicted and sentenced to death for the 1996
strangulation death of his cellrnate at USP Allenwood. Inmate
Hammer, who has been granted pro se status by the Third Circuit,
has' vacillated as to whether he wants the appeal to proceed or be
withdrawn. Of particular note was the presence and participation
of inmate Hammer via video conferencing capabilities from USP
Terre Haute. The oral argument lasted almost two hours.
The Court commented very favorably on the use of this technology
and expressed its appreciation to staff at USP Terre Haute who
assisted in coordinating this effort.
D. RELIGIOOS CASES: No new activity.
E. ENSIGN AMENDMENT CASES: F. PLRA 1915

DI~SSALS:

No new activity.

- None noted.

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

REFERRALS:
1) USP Allenwood - 10 referrals (3 Inmate on staff assaults(minor
injuries), 3 Inmate on inmate assaults, 4 possession of
contraband (3 sharpened instruments and 1 narcotics (11.01 grams
of heroin in a mattress)).

(

2) FeI Allenwood
injury) .

1 referral (Inmate assault on staff, minor

3463

(

3) LSCI Allenwood - 2 referrals (1 inmate on inmate fight, 1
undetermined inmate injury)
4) FPC Allenwood - 1 referral (Inmate Franklyn Garcia, Reg. No.
15371-057, walked away and remains on escape status).
5) MOC Brooklyn - 1 referral (Inmate on staff assault.)
5

6) USP Lewisburg - 8 referrals (5 Introduction of narcotics, 1
each - inmate on inmate assault, inmate on staff' assault,
attempted escape)
7) FCI Otisville - 1 referral (Camp inmate Gray-Santana, Reg. No.
20341-038, walked away on July 22, 2000. He was apprehended four
days later.)
TRIALS/SENTENCr.NG:

1) u.S. v. Omar Talib - Former MCC New York correctional officer
was sentenced to 2 months in prison for engaging in illegal
sexual activity with an inmate.

(..........

2) u.S. v. Curtis, FCI McKean inmate Todd Curtis, Reg. No.
03512-036, was sentenced to 33 months, consecutive to his current
term, for possession and use of a controlled substanc~ in a
federal prison. This prosecution stems from a September 1999,
near fatal overdose of heroin.
TRAWL AND LEAVE SCHEDULE FOR AUGUST 2000:

Hank Sadowski

Travel: August 9 - OGC Reengineering Meeting
~Lo
August 10 - FCI Fort Dix - Common Fare Review
August 25 - Fcr Otisville to attend presentation
of General Counsel Award to Ms. Bingham

Annual Leave - August 23-24
Mike Tafelski Travel - August 7-9 - Berman trial, Scranton, PA
Annual Leave - August 21, September 1
Toni Brown
Travel - None Scheduled
Annual Leave - None Scheduled
Les Owen

Travel - None Scheduled
Annual Leave - August 10-11, 2000

Patty Gotts
I

Travel - None Scheduled

\

3464

U.S.~~entofJusdce

(

Federal Bureau of Prisons

Nonheast Regional Office

u.s.

Custom Hous~
2nd & Chtsmut Str~~ls
Philtzd~/phiQ. PA. /9/06

Septemper 22, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - August 2000

I. ADMINISTRATIVE LEGAL ACTIVl:TIES - SUMMARY REPORT

(,

..

'

A. Administrative Remedies - 2000

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

JAN
151
175
167
158
Q

FEB
158
167
163
162

o

B. Administrative Tort

MAR
162
223
199
186
0

APR MAY JUN
186 159 155
165 186 210
192 190 178
159 155 187
000

Cla~s

JUL
187
157.
188
156

o

AUG SEP OCT NOV DEC
156
156
176
136
0

- 2000

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284 306 286 266 291 311
Rec'd in month 42 64 93 68 70 90 65 74
Recons. rec'd
4
101
1
3
2
3
Ans'd in month 50 72 71 89 91 68 57 98
Pending at End 291 284 306'286 266 291 311 290
Over 180 days
o 0 000 0 o 0
C. Tort Claim Investigation status:

As of August 31, 2000

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MeK NYM OTV PHL RBK
SCH

Pending

4

9

14

2

16

3

3

3512

0

22

6

0

5

2

2

2

5

3
Over 60 days

o

0

0

0

0

3

0

0

0

0

JUN
46
50
66
30
2*

JUL
30
61
49
42
4*

0

0

0

0

0

0

0

2

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR
11
60
45
26
5*

APR
26
69
63
32
1*

MAY
32
57
43
46
0

AUG SEP OCT NOV DEC
42
49
58
31
1

* Note: Archived records.
E. FOIA Requests for records:

As of August 31, 2000·

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH
NER
Pending
>20 days

(

II.

0
0

3
0

4
0

0
0

2
0

1
0

4
0

1
0

4
1

7
0

1
0

1
0

0
0

0
0

2
0

0
0

LITIGATION ACTrvITY - 2000 NORTHEAST REGION

A. StnamllY REPORT
Open on 1st
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
318 329 330 349 359 362 364 374
16 18 28 18 27 19 17 19
10 11
9 12 16 12 10
8
'1
0
3
2
0
2
4
2
5
7
5
3
8
1 10
4
0
0
6
1
1
2
1
2
0
0
1
1
0
0
2
0
8 10
8
8 10
21 15
7 16
9
8 24 15
12 17

B. SIGNIFICANT LITIGATION

~TTERS:

NEW CASES:
I) Ni Fa Yi, et.al. ·v. Reno, et.al., 1:00CV3625 (DNJ) - 91 inmates
requested an injunction from the Court to prohibit FCI Fort Dix
from installing the ITS-II phone system on August 14, 2000. The
inmates alleged a violation of the right· to privacy and of equal

3513

1
0

protection. The Court, based upon the Government's response,
ordered that the case be transferred to the Eastern District of
Kentucky as part of the Washington v. Reno case. After the case
was transferred to the Eastern District of Kentucky, the court
3

dismissed it stating that the inmates had not suffered any actual
injury, thus did not have standing to challenge the implementation
of the new system. In addition, the Court held that since
Plaintiff's did not exhaust the administrative remedy process, the
case could also be dismissed pursuant to 42 USC § 1997e.

CLOSED CASES:
1) Corley v. U.S., 93-CV-1421 (M.D.PA.)
PIClintiff granted judgement (requested by government) of $120Q. for
property loss which occurred in 1992 during transfer between OSP
Lewisburg and District of Columbia. The Court dismissed Plaintiff's
claim for emotional distress as he failed to provide any evidence
of physical injury as required by the PLRA.
2) Cuoco v. Quinlan, et.al., 91-7279 (2d Cir.)
Second Circuit reversed District Court and entered judgement in
favor of remaining defendants based upon qualified immunity and
exclusiveness of FTCA remedy. The District Court had denied our
motion for summary judgment on the issue of whether the
preoperative male transsexual inmate was constitutionally entitled
to female hormonal treatments.
C. BEARINGS/TRIALS: -

1)U.S. v. Jones, Cr. No. 99-1003 (E.D.PA.)
On August 30, 2000, Magistrate Judge Faith Angell held a hearing
regarding medical treatment options available to federal pretrial
detainee, Alexander Jones, 53747-066, who is charged with Simple
Assault by Threatening to Kill and Assault Veteran's Administration
Employees, in violation of 18 U.S.C. Section 13. In December 1999,
Jones was found incompetent to stand trial and committed to the
custody of the Attorney General. In June 2000,· FMC Butner staff
determined that his mental illness was controlled with medication.
After his arrival at FDC Philadelphia on July 12, 2000, he
complained that the medication was producing unpleasant side
effects and the dosage was decreased. Inmate decompensated. In
August, inmate Jones was seen by a defense psychologist, who
determined that Jones was not competent to stand trial. At the

3514

(~.

hearing, AUSA and Public Defender suggested to the court that the
inmate should be returned to a mental health facility, and after he
attains competence, he should be returned to FDC Philadelphia. The
Court concurred. Joyce Horikawa assisted the AUSA.
4

2) United States v. Furino, Crim. No. 00 (E.D.N.Y.)
On August 31, 2000, Judge Nickerson had a hearing to show cause
why MDC Brooklyn should not release Furino 59021-053 from SHU.
Inmate Furino was placed in administrative detention after receipt
of a letter from AUSA requesting he be separated from 9 other
inmates. At this time, Furino has separatees on every floor of
both buildings and at MCC New York. The Court recognized the
difficulties in managing a prison. The Court was advised that MDC
Brooklyn would be opening another unit in several weeks and that
Furino could be released from SHU at that time. The Judge quickly
stated that he did not run the prisons and denied the motion. MDC
Brooklyn Attorney Advisor Azzm~iah v. (Vazquez) Ward assisted at the
hearing.
3) Banks. v. Olson,
(DNJ)
FCI Fairton inmate Philip Banks, 49142-066, requested a preliminary
injunction to prevent the Warden from enforcing telephone
restrictions imposed by the DHO. After a hearing in District Court
on August 31, 2000, the matter was resolved by agreeing to allow
the inmate to file an administrative remedy slightly beyond the
ordinary time frames. FCI Fairton Attorney Roberta Truman assisted
at the hearing.
4) United States v. Irrizarri (5:95-HC-340-F) (E.D.N.C.)
On August 30, 2000, a hearing was held in which the inmate
challenged his 18 U.S.C. § 4246 commitment. The Court heard
testimony from both sides and took the matter under advisement.
FMC Devens Attorney Advisor Darrel Waugh assisted FMC Butner
Attorney Advisor Mike Bredenberg in preparing for and presenting
the hearing which was done via video conference between the United
States District Courts in Boston, Massachusetts, and Raleigh, North
Carolina.
D. RELIGIOUS CASES: No new activity.
E. ENSIGN AMENDMENT CASES: F. PLRA 1915 DISM7SSALS:

No new activity.

- None noted.

III. ClUMINAL REFERRALS/PROSECUTIONS/TRIALS:

3515

(

REFERRALS:
1) FCI Allenwbod - 3 referrals (Inmate on inmate assault; inmates
5

on inmate assault with boiling liquid; inmate in possession of
blank Treasury checks).
2) LSCI Allenwood - 1 referral (1 inmate on staff assault, minor
injury)
3) MDC Brooklyn - 1 referral (Inmates on inmate assault.)
4) USP Lewisburg - 4 referrals (2 each - inmate on inmate assault,
inmate on staff assault)
5) FCI McKean - 3 referrals (inmate on staff assault, inmate s on
inmate assault, 2 possession/manufacture of weapons)

(

TRIALS/SENTENCING:

1) U.S. v. Russo - FC! McKean inmate Michael Russo, 06989-052, was
sentenced to 9 months in prison, consecutive to current 120 month
sentence, for possession of marijuana while at FCI McKean.
2) U.S. v. Betancourt-Ceja,
(MDPA)
On Friday, September 1, 2000, LSCI Allenwood inmate Martin
Betancourt-Ceja, ~egister No. 20990-086, was sentenced to 30
months (consecutive to current sentence) for assaulting a food
service foreman in December 1999. Judge Muir, in imposing the high
end of the guideline, stated that any assault by inmates on staff
would not be tolerated.
TRAVEL AND LEAVE SCHEDULE FOR SEP'l'EMBER 2000:

Travel: 9/6 - 9/8 - OGC Reengineering Meeting
9/14 - Albany, NY to attend presentation of
General Counsel Award to AUSA
Annual Leave - None Scheduled
..

Travel - 9/27-28-Visit to MDC Brooklyn, MCC New York
Annual Leave - None Scheduled

•

•
3516

 

 

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