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Fbop Ner Quarterly Reports 1999jan-sep

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u.s. Department of Justice
Federal Bureau of Prisons

Northeast Regional Office

u.s. Custom House
2nd & Chestnut Streets
Philadelphia, PA. 19106

April 22, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR AND
GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT: Quarterly Report January 1, 1999 through March 31, 1999
Attached are the statistics requested for the quarterly report
for the second quarter of FY 1999.
The following is a synopsis of the significant cases in
litigation during the quarter:
A.

SETTLEMENTS AND AWARDS

1. Pedro Tejada v. United States, Civ. No. 97-1942 (D.N.J.)
FTCA action, plaintiff sustained wrist injury while playing
basketball in December 1995, and alleges FCI Fort Dix staff
delayed providing specialized treatment which resulted in
permanent disability.
Case went to mediation; settled fer
$50,000.
2. Dewey Lee v. United States, Civ. No.
97-529 (M.D.Pa.\
FTCA action, plaintiff alleged personal property was stole~. a:
USP Allenwood in July 1996, because staff failed to secu:(·
plaintiff's cell wi thin a reasonable time after he was ta (. •. ~. :0
SHU.
Case settled for $650.

2

3. Pagan v. Atwood, et al., Civ. No. 3:97CV1798 (D.Conn)
Bivens action alleging FCI Danbury staff failed to protect from
sexual abuse (by male staff), and failed to provide adequate
medical care.
Inmate had twins after sex with staff member who
was convicted for sexual abuse of a ward. Case was converted
into an FTCA action and settled for $5000.
4. Bottone v. United States, et.al., 97-Civ-1468 (S.D.N.Y.)
Plaintiff, Anthony Bottone, 30661-054, filed a FTCA action
alleging that while incarcerated at MCC NY he sustained an
electrical shock when his hand accidentally came in contact with
a defective electrical wall socket. "Costs of trial would have
exceeded $5000. Case settled for $1000.
B. SIGNIFICANT NEW CASES:
1. Kowalczyk v. DOJ, 3-CV-99-0512 (M.D.Pa.) - Inmate Chester
Kowalczyk, 28681-004, filed a petition requesting the court to
find is federal offense were not crimes of violence.
At issue is
Lewisburg Camp's preparation to notify local law enforc~ment
officials of the inmate's imminent release. One of the inmate's
convictions is for possession of an Uzi in violation of 26 U.S.C.
§ 5861.
Magistrate Judge Smyser has scheduled a hearing for
Friday, April 30, 1999.
2. U.S. v. Emery, Crim. 97-90-01-8 (D.N.H.) - Inmate Kevin
Emery, 01951-049, filed a motion with his sentencing judge, Chief
Judge Barbadoro, complaining that FeI Fairton denied a furlough
to attend his mother's funeral.
The court scheduled a hearing
for April 23, 1999 and ordered that the staff member, who denied
the furlough, attend the hearing. The Unit Manager advised the
inmate he was not eligible for the furlough because he was out
custody. Attorney Roberta Truman and the Unit Manager w~l:
attend the hearing.

c.

TRIALS and HEARINGS:

1. Holder v. Harding, 98-656 (D. Conn); Codianni-Roble c ~.
Harding, 98-1481(D.Conn) - These cases have been discus~e~
prior monthly reports. Two female inmates are challer.q:~~ ~~e
ability of male staff to conduct routine pat searches. " ~ear!r.q
on the merits of whether a permanent injunction should or·' :ssuec
was he 1 don Mar c h 1, 3 , 4, 8 , 12 , 2 4, 2 5 , and Apr ill:3 d :-0. _~ ::.,
1999. Although testimony has concluded, oral argumen:s ~~. ~wc
°

3

motions to dismiss as well as closing statements are scheduled
for May 3, 1999. Mike Tafelski has been assisting the AUSA at
the hearings.
2. 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 Janu~ry 11, 1999. Assistant
Regional Counsel Toni Brown assisted the AUSA. After a three day
trial, the jury returned a verdict in favor of the government
defendant.
3. United States v. Ajaj - (S.D.N.Y.) - Inmate Ahmad Ajaj,
40637-053, has been' convicted of involvement in the World Trade
Center bombing.
Inmate Ajaj is at MCC NY for post-trial motions
and resentencing. On January 29, 1999, there was a hearing
before Judge Duffy in regard to the inmate's hunger strike.
Judge Duffy decided that if the inmate continued with his hunger
strike (necessitating hospitalization), the judge would cancel
the writ, return him ,to his prior institution, and the iegal
proceedings will proceed in his absence. The inmate resumed
eating.
4. U.S. v. Atkins, Misc. Cr. No. 98-60-A (W.D.N.Y.) - Shawn'
Atkins, 09302-055, is a state inmate serving a civil contempt
citation for up to 18 months for refusing to provide a grand jury
with sample fingerprints, saliva and handwritings. The inmate
challenged the conditions of confinement in administrative
detention at USP Lewisburg. The Federal Public Defender
requested that Atkins be housed in general population. The
inmate is serving a state sentence for attempted murder and has a
long record of discipline problems. On 2/2/99, Assistant
Regional Counsel Toni Brown testified before Judge Richard Arcara
in Buffalo, NY, concerning inmate Atkins' continued place~ent in
Administrative Detention at USP Lewisburg.
Before the Judge
issued a ruling on the motion, the inmate pleaded guilty :0 the
underlying criminal charges, thereby purging the contemp~.
5. U.S. v. Roy Thomas, 98 Cr. 761 (S.D.N.Y.) - Correct:C~d:
Officer Roy Thomas was criminally indicted on charges o~
conspiracy to violate 21 U.S.C. § 841(a} (to possess and
distribute 5 kilograms of a controlled substance) and It ~·.S.C.
201 (b) (2) (taking of bribes by a public official). The ~=-:al
lasted from January 11, 1999 through January 21, 1999. 7h~
testimony at trial and the physical evidence revealed tha:

§

4

Thomas purposefully sought out the friendship of inmates with the
specific intent to engage in unlawful activities. Thomas was
found guilty of all charges. Thomas faces 10 years to life on
the drug conspiracy charge and up to 15 years on the bribery
charge.
Sentencing is scheduled for late April.
6. United States v. Ahmed, Crim.
(S.D.N.Y.) - On March 11,
1999, a teleconference was conducted with Judge Arnon, the AUSA,
Warden Hasty and Dominique Raia regarding the status of hunger
strike of inmate Nasser Ahmed, 42963-054. No action needed as
inmate resumed eating.
7.
United States v. Garcia, Crim -- (S.D.N.Y.) - On March 15,
1999, Judge Preska asked our position on proposed Order to move
inmate Pedro Jose Garcia, 43860-054, from Hudson County Jail to
MCC New York, MDC Brooklyn, or FCI Otisville for several reasons
(better access to counsel, .more educational programs and easier
access to United States Attorney's Office).
Dominique Raia
advised Judge that latter two stated reasons are not accurate and
we shouldn't move inmate for convenience of attorney only, in
addition to fact that we need bed space for inmates going to
court. On March 18, 1999, Judge Preska advised Dominique Raia
that she would not grant the proposed Order.
8. United States v. Leggett, Crim No. --- (M.D.Pa.)
Inmate
Michael K. Leggett, 83644-011, pled guilty to assaulting his
defense attorney in March 1996. On March 23, 1999, he was
sentenced to 34 months.
D. COURT ORDERS:

1. In re Enrigue Romero. Reg No. 08595-063, (M.D.Pa.)
On
February 24, 1999, Judge Malcolm Muir issued an order authorizing
USP Lewisburg staff to forcibly medicate inmate Romero whose
mental and physical condition had deteriorated causing him to
refuse medication. On February 25, 1999, the inmate transferred
to USMCFP Springfield.
2. Treglia v. Beeler, Civil Action No. 98-2693 (D.N.J.)
On
March 23, 1999, Judge Simandle issued an Opinion and Order
remanding the case to the Bureau of Prisons for consideratlon of
whether Petitioner, Robert Treglia, 10868-014, should be granted
a reduction in sentence under 18 U.S.C. § 3621(e} (2) (B).
The
Court found that the Bureau impermissibly considered factors
outside Petitioner's current conviction to.exclude him from early

5
release eligibility under 3621(e). Since case was decided under
the revised regulations, we have moved the Court to reconsider
its decision.
3. Santos v. Beeler. Warden, CV-98-1347 (D.N.J.). On
March 9, 1999, Judge Orlofsky ordered the petition for writ of
habeas corpus of Petitioner be granted. The Warden was ordered
to consider Petitioner Edwin Santos, 18472-050, for possible
early reduction pursuant to 18 U.S.C. § 3621(e). The court felt
the inmate was entitled to relief because the inmate had almost
completed he RDAP before being advised he was not eligible.
At the time of the decision, the inmate was on home confinement
and only two weeks away from his release date.
Based on the
facts of the case, no appeal was recommended and "the inmate was
released.
E. RELIGIOUS CASES:

1. Melvin Cooper v. Tippy, et al., Civil No. 94-758 (N.D.N.Y.) A Report issued January 19, 1999, recommending denial of
defendants' renewed motion to dismiss or for summary judgment.
Plaintiff filed this Bivens action in June 1994 alleging that
staff at FCI Ray Brook failed to accommodate his religious
dietary needs.
Plaintiff, an Orthodox Jew, asserted various
instances where foods were either prepared inconsistent with
Jewish laws or contaminated, thus losing thei~ Kosher
status. Although defendqnts claimed corrective measures were
'implemented to prevent such occurrences, the court found a
question of fact existed as to whether the defendants acted
intentionally in allowing the deficiencies to occur.
2. Thomas Ash-Bey v. Lt. Harold Fauntleroy. et al., 98-CV-1447
(D.N.J.). This is a Bivens action filed against six FCI Ft. Dix
employees. The plaintiff alleges he was denied the right to wear
religious headgear (a fez) on the compound.
He states when he
attempted to file an administrative remedy about this matter, his
counselor tore up his BP-8 and dismissed him. The plaintiff also
alleges he was given an incident report and transferred to
another institution in retaliation for his religious beliefs.
Plaintiff seeks one million dollars from each defendant as
compensation.
He also seeks one million dollars from eac~
defendant in punitive damages.
F. ENSIGN AMENDMENT CASES: - Wolf. et al, v. Reno, Civil No. 978408 (W.D.Pa.) - Three inmates at FeI McKean have requested
injunctive type relief chalienging the application of the E~sign

6

Amendment and the part of the Zimmer Amendment which prohibits
the showing of R, X, and NC-17 films. On March 25, 1999, the
court denied a motion to dismiss, holding that the complaint
stated a valid first amendment claim. The court did not address
the Ensign Amendment issue since the Ensign Amendment was not
being applied to these inmates.

cc: Regional Director
Senior Deputy Regional
Deputy General Counsel

Direc~or

NORTHEAST REGIONAL OFFICE
LITIGATION OUARTERLY REPORT
FROM 01/01/1999 TO 03/31/1999

LOC

NOM

HC

FTC

BIV

OTH

11

14

3

ANS

PEN

CLD

636

39

HIT

SET

7

4

AWD

MXR
"

NER

50

20

11

SER
NCR
SCR
WXR

CO
TOT

DEFINITIONS:
LOC - LOCATION
NOM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC - NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN 'NARRATIVE)
AWD - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE IN NARRATIVE)

NORTHEAST REGIONAL OFFICE
TORT CLAIM OUARTERLY REPORT
FROM 01/01/1999 TO 03/31/1999

Loc

Num

PP

Mxr

0

0

0

0

0

NER

179

117

6

2

Ser

0

0

0

Ncr

0

0

Scr

0

Wxr

1

PI

PPPI

WD

Set

Amt

Pen

Den

00

AIO

AlP

0

0

0

0

0

0

0

1

0

53

17

3937

191

77

0

0

108

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

'0

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

2
0

Med

~

C.O.

0

0

0

0

0

0

0

0

0

0

0

0

Sum

180

.118

6

2

0

53

17

3937

191

77

0

0

DEFINITIONS:
LOC
NOM
PP
PI
PPPI
WD
Med
Set
Amt
Pen
Den
OD
A/O
A/P

-

LOCATION
NUMBER FILED IN QUARTER
PERSONAL PROPERTY CLAIMS
PERSONAL INJURY CLAIMS
PERSONAL PROPERTY/PERSONAL INJURY CLAIMS
CLAIMS WITHDRAWN
CLAIMS ALLEGING MEDICAL NEGLIGENCE
CLAIMS SETTLED
AMOUNT PAID
CLAIMS PENDING
CLAIMS DENIED
CLAIMS OVERDUE
AVERAGE DAYS OVERDUE
AVERAGE DAYS TO PROCESS

55

NORTHEAST REGIONAL OFFICE
ADMINISTRATIVE REMEDIES OUARTERLY REPORT
FROM 01/01/99 TO 03/31/99

LOC

NUM

DHO

SPH

MED

MH

LEG

FD

GRT

DEN

PEN

OD

539

228

17

34

0

26

7

29

410

100

0

MXR
NER
SER

.

NCR
SCR
WXR
TOT

DEFINITIONS
LOC NOM DHO SPH MED MIl
LEG FD GRT DEN PEN OD -

LOCATION
NUMBER OF TOTAL AD REMEDIES FILED
NUMBER OF DHO REMEDIES FILED
NUMBER OF SPECIAL HOUSING UNIT REMEDIES FILED
NUMBER OF MEDICAL REMEDIES FILED
NUMBER OF MENTAL HEALTH REMEDIES FILED
NUMBER OF LEGAL REMEDIES FILED
NUMBER OF FOOD REMEDIES FILED
TOTAL OF NUMBER OF REMEDIES GRANTED
TOTAL NUMBER OF REMEDIES DENIED
TOTAL NUMBER OF REMEDIES PENDING
TOTAL NUMBER OF REMEDIES OVERDUE

u.s. Department of Justice
Federal Bureau of Prisons
Nonheast Regional Office
U.S. Custom House
2nd &: Chestnut Streets
Philadelphia. PA. 19106

July 28, 199'9
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR AND
GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT: Quarterly

Repor~

April 1, 1999 through June 30, 1999

Attached are the statistics requested for the quarterly report
for the third quarter of FY 1999'.
The following is a synopsis of the significant cases in
litigation during the quarter:
A. SETTLEMENTS

AND

AWARDS

1) Beasley v. Alexander,3:CV-96-1464 (M.D.PA)
The case, converted from a Bivens action to a FTCA case, was
settled for $1,750.00.
Former inmate James Beasley, 08299-039,
alleged staff misconduct during the October 1995 disturbances at
USP Lewisburg.
2) Powell v. United States, 3:CV-95-0564 (MDPA)
On June 21, 1999, Judge Kosik awarded $10,500 to inmate Joseph
Powell, 14322-056, in this FTCA case, in which the inmate s:a~ed
he fell from his upper bunk while housed at USP Allenwood :~
1994.
Powell, a diabetic who had been issued a lower buor. s::p
and not provided a lower bunk, claimed he became hypoglyce~:~ and
sustained injuries when he fell from his upper bunk.
Afte: r2
trial on damages, the inmate was awarded money for pain a~~
suffering and an irregular laceration over one eye which ~d~sej a
permanent scar. The award was only slightly more than wha: w~ had
offered to settle the case.
.

B.

TRiALS and HEARiNGS:

1. Holder v. Harding, 98-CV-656 (D.Conn.)
Codianni-Robles v. Harding, 98-CV-1481 (D. Conn} .
As discussed in prior monthly reports, FCr Danbury inmates Tinia
Holder, 09474-424, and Beatrice Codianni-Robles, 11866-014, filed
separate, similar motions requesting a permanent injunction
against the practice of cross-gender pat searches at FCI Danbury.
The trial on the injunction request concluded on May 3, 1999.
Decision is pending.
2. U.S. v. Emery, Crim. 97-90-01-B (D.N.H.) - Inmate Kevin
Emery, 01951-049, filed a motion with his sentencing judge, Chief
Judge Barbadoro, complaining that FC!' Fairton denied a furlough
to attend his mother's funeral.
The court scheduled a hearing
for April 23., 1999 and ordered that FCr Fairton staff who denied
the furlough attend the hearing. The Unit Manager advised the
inmate he was not eligible for the furlough because he was not
community custody.
During the three hour hearing, the Bureau's
policy regarding furloughs and classification scoring were
clarified for the Court. The Judge declined to rule on whether
Fcr Fairton followed policy since the court found the furlough
decision did not impact on the underlying sentence in the pending
2255 petition. Attorney Roberta Truman and Unit Manager Rothbaum
attended the hearing.
3. U.S. v. Maisonet, 97 Cr. 817 (S.D.N.Y.)
On April 21, 1999, Judge Chin held a hearing on a request by the
defendant in this criminal case to be transferred to FCI
Otisville in order to have co-defendants meetings.
Some of the
defendants are separatees based on SIS information that the
Maisonet organization split into two factions because some
members found out that Francisco Maisonet, 18290-054, was a
government informant and believe their incarceration is connected
to his cooperation. As a result, inmate Maisonet was slashed by
another member. The AUSA recommended co-defendant meetlr.gs take
place in a room in the court building under Marshal's scr~~lny.
The Warderis at both FCI Otisville and MCC New York expressed
security concerns in having a co-defendants meetings.
Defendant's counsel also raised an issue at the hearing r~~arding
problems with legal visits at MCC New York. They clairr.e~ :~ey
weren't permitted any documents in SHU and they weren'~ rer~ltted
to pass documents to their clients or bring in video or =dsse~te
tapes. Clinton Stroble, Attorney Advisor; MCC New York, d~~:sed
the Court he was not aware of any such prohibitions, alt~~~~h
MCC does require 24 hours advanced written notice to br:~~~ ~:deo
tapes into the institution. He indicated that if prob:e~~ d:!Se,
the attorneys should speak to MCC NY Legal staff.

7. Harris v. United States Civ. No. 98-6745 (E.D.PA.)
On June 9, 1999, a mediation hearing was held in this FTCA action
filed by former inmate George Harris who alleged that he slipped
and fell on the West Compound at FCI Fort Dix on January 8, 1996.
He alleges that he severely injured his leg, was denied adequate
medical care, and as a result, is now disabled and needs
continued medical care. Our investigation indicated that he
injured his leg on January 8, 1996, when he jumped from a third
floor window of his housing unit during a blizzard over a bet.
The available medical records indicate that he was provided
appropriate medial care while housed at FCI Ft. Dix. On February
6, 1998, Plaintiff was released from Bureau of Prisons custody.
There is no record that Plaintiff experienced any complications
associated with his injured leg prior to his release from FCI
Fort Oix. Mediation was unsuccessful. Trial is expected on
October 15, 1999. Joyce Horikawa assisted the AUSA.
8. United States v. Karl Pringle, 98-CR-1087 (E.D.N.Y.)
.
On June 4, 1999, a hearing was held regarding a habeas corpus
action brought by inmate Karl Pringle, 54094-053.
Judge Johnson
had ordered that Pringle serve his sentence on condition that he
waived deportation. There was no confirmation from INS that
Pringle had waived deportation so MOC Brooklyn kept the inmate in
custody. 'Prior to the habeas hearing, the government had
appealed Pringle's se~tence. At the hearing, Pringle alteged
that his sentence had expired and he no longer belonged in BOP
custody.
It was agreed by the parties that Judge Johnson lacked
jurisdiction to amend the sentence since the case was now before
the court of appeals.
Nevertheless, Judge Johnson stated that he
believed the sentence was illegal. Judge Johnson decided that he
would order Pringle turned over to INS, with the added proviso
that he not be deported until resolution of the government's
appeal.
Pringle was subsequently transferred to INS custody.
Attorney Advisor Les Owen assisted the AUSA at the hearing.
9.Lasorsa v. Menifee, No. 98-2548 (2d Cir.)
On June 9, 1999, oral arguments were heard in the United States
Court of Appeals for the Second Circuit.
Former inmate Nicholas
Lasorsa, 81070-054, appealed the district court decision denying
his petition for a writ of habeas corpus. The petition a:leged
that the BOP unlawfully denied Lasorsa's request for an ear:y
release (under 18 U.S.C. 3621 (e) (2) (B)) by classifying h:s
conviction for possession w/I/d heroin as a crime of vio:e~=e,
based on P.S. 5162.02 and 28 C.F.R. 550.58 (1997), becaus~
Lasorsa received a two-level sentence enhancement for possession
of a weapon.
The district court found the BOP properly exercised its
discretion, noted the BOP correctly disavowed any relianc~ ,~ the
conclusion that Lasorsa's drug offense constituted a crime a!

violence, and acknowledged that the asserted reasons for
Lasorsa's denial were adequate.
On June 22, 1999, the Court issued a summary order affirming the
District Court's judgment "substantially for the reasons stated
by the district court in its opinions and orders." Assistant
Regional Counsel Toni Brown assisted the AUSA with the case.
C. COURT ORDERS:

I} Smith v. Harding, 3:98-Civ-1763(D.Conn}
On May 27, 1999, the United States District Court for the
District of Connecticut ruled in favor of Petitioner, Tanya Marie
Smith, 95827-024, and ordered her released from BOP custody. The
issue was whether the federal sentencing court in California
intended its sentence to run concurrent or consecutive to a new
law federal sentence from West Virginia (that had been imposed,
but not yet started, because she was serving other old law
federal sentences). The Court held that the evidence
"overwhelmingly indicates that Judge Lew specifically addressed
the issue of a concurrent West Virginia sentence in his
application of § 5G1.3 of the sentencing guidelines. The
California sentence, therefore, runs concurrently with the West
Virginia sentence." We are reviewing grounds for an appeal.
D. RELIGIOUS CASES:

1. Melvin Cooper v. J.W. Tippy, et al., Civil No. 94-758
(N.D.N.Y.) - .A Report issued January 19, 1999, recommending
denial of defendants' renewed motion to dismiss or for summary
judgment.
Plaintiff filed this Bivens action in June 1994
alleging that staff at FC! Ray Brook failed to accommodate his
religious dietary needs.
Plaintiff, an Orthodox Jew, asserted
various instances where foods were either prepared inconsistent
with Jewish laws or contaminated, thus losing their Kosher
status. Although defendants claimed corrective measures were
implemented to prevent such occurrences, the court found a
question of fact existed as to whether the def~ndants acted
intentionally in allowing the deficiencies to occur.
2. Thomas Ash-Bey v. Lt. Harold Fauntleroy, et al., 98-CV-1447
(DNJ). This is a Bivens action filed against six FC! Ft. D1X
employees. The plaintiff alleges he was denied the right to wear
religious headgear (a fez) on the compound.
He states when he
attempted to file an administrative remedy about this matter, his
counselor tore up his BP-8 and dismissed him. The plaintiff also
alleges he was given an incident report and transferred to
another institution in retaliation for his religious beliefs.
Plaintiff seeks one million dollars from each defendant as

· compensation. He also seeks one million dollars from each
defendant in punitive damages.
E. ENSIGN AMENDMENT CASES: - Wolf, et ale v. Reno, Civil No. 978408 (W.D.Pa.) - Three inmates at FCr McKean have requested
injunctive type relief challenging the application of the Ensign
Amendment and the part of the Zimmer Amendment which prohibits
the showing of R, X, and NC-17 films.
On March 25, 1999, the
court denied a motion to dismiss, holding that the complaint
stated a valid first amendment claim. The court did not address
the Ensign Amendment issue since the Ensign Amendment was not
being applied to these inmates.
cc: Regional Director
Senior Deputy Regional Director
Deputy General Counsel

NORTHEAST REGIONAL OFFICE
LITIGATION OUARTERLY REPORT
FROM 04/01/1999 TO 06/30/1999

LOC

NOM

HC

FTC

BIV

OTH

10

10

4

ANS

PEN

CLD

HIT

41

486

198

12

SET

AWD

MXR

NER

54

29

2

SER
NCR
SCR
WXR

CO
TOT

DEFINITIONS:
LOC - LOCATION
NOM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC - NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AWD - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE IN NARRATIVE)

NORTHEAST REGIONAL OFFICE
ADMINISTRATIVE REMEDIES OUARTERLY REPORT
FROM 04/01/99 TO 06/30/99

LOC

NUM

DHO

SPH

MED

MH

LEG

FD

GRT

DEN

PEN

OD

481

215

11

34

0

12.

3

29

338

110

0

MXR
NER
SER
NCR
SCR
WXR
TOT

DEFINITIONS
LOC
HUM -

DBO SPB MED MH
LEG FD GRT DEN PEN OD -

LOCATION
NUMBER OF TOTAL AD REMEDIES FILED
NUMBER OF DHO REMEDIES FILED
NUMBER OF SPECIAL HOUSING UNIT REMEDIES FILED
NUMBER OF MEDICAL REMEDIES FILED
NUMBER OF MENTAL HEALTH REMEDIES FILED
NUMBER OF LEGAL REMEDIES FILED
NUMBER OF FOOD REMEDIES FILED
TOTAL OF NUMBER OF REMEDIES GRANTED
TOTAL NUMBER OF REMEDIES DENIED
TOTAL NUMBER OF REMEDIES PENDING
TOTAL NUMBER OF REMEDIES OVERDUE

NORTHEAST REGIONAL OFFICE
TORT CLAIM QUARTERLY REPORT
FROM 04/01/1999 TO 06/30/1999

Loc

Num

pp

Mxr

1

0

1

0

0

NER

187

121

43

2

Ser

1

1

0

Ncr

0

0

Scr

0

Wxr

PI

PPPI

\VI)

Med

Set

Amt

Pen

Den

OD

AIO

AlP

0

0

0

0

0

0

0

0

2

18

. 21

3555

198

126

0

0

115

0

0

0

0

0

0

0

0

0

I

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

1

0

0

0

0

0

0

0

0

0

0

2

C.O.

0

0

0

0

0

0

0

0

0

0

0

0

0

Sum

189

122

44

2

2

18

21

3555

198

126

0

"'' '

58

DEFINITIONS;
LOC
NOM
PP
PI
PPPI

-

tID

-

Med
Set
Amt
Pen
Den
OD
A/O
A/P

-

LOCATION
NUMBER FILED IN QUARTER
PERSONAL PROPERTY CLAIMS
PERSONAL INJURY CLAIMS
PERSONAL PROPERTY/PERSONAL INJURY CLAIMS
CLAIMS WITHDRAWN
CLAIMS ALLEGING MEDICAL NEGLIGENCE
CLAIMS SETTLED
AMOUNT PAID
CLAIMS PENDING
CLAIMS DENIED
CLAIMS OVERDUE
AVERAGE DAYS OVERDUE
AVERAGE DAYS TO PROCESS

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

October 25, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR AND
GENERAL COUNSEL, FEDERAL ·BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT: Fourth Quarterly Report July 1 - September 30, 1999
Attached are the statistics requested for the quarterly report
for the fourth quarter of FY 1999.
The following is a synopsis of the significant cases in
litigation during the quarter:

A. SETTLEMENTS/AWARDS and FAVORABLE or ADVERSE OPINIONS
1. Crooker v. United States, Civ. No. 97-402E (WDPA) - Inmate
Michael Crooker, 03631-158, currently at USP Lompoc, filed this
FTCA case alleging that staff at FCI McKean negligently
restrained him in four point restraints for an extended period of
time (specifically, in restraints for 89 hours (70 of which were
in four points)) in April 1997. His administrative tort claim
requesting $500,000 was denied. Case settled for $1000.00
because of poor documentation.
2. Treglia v. Art Beeler, Civ. No. 99 CV 2633(DNJ) - Habeas
petition in which inmate Robert Treglia, 10868-014, challenged
the denial of a reduction in sentence under 18 U.S.C. § 36~1
(e) (2) (B), based on the use of a two-level enhancement under the
United States Sentencing Guidelines for use or possession c: a
firearm during a drug trafficking offense. The petition was
granted on March 28, 1999. A motion for reconsideration a~d stay
of judgment pending appeal were filed.
On July 22, 1999, Judge
Simandle denied both the motion for reconsideration and motion
for stay of judgment. The Court indicated that although it had
no objection to the use of the two level enhancement, it did

2

object to the categorical disqualification of otherwise eligible
inmates from sentence reductions. The Court remanded the matter
back to the BOP to do an "individualized determination U as to
whether inmate Treglia should be granted early release.
A
decision was made that he would not be granted early release.
3. Tajeddini v. Gluch, et.al., Civ. No. 5:92-CV-546 (D. Conn)
Plaintiff, former inmate Hojatollah Tajeddini, 17065-038, filed
this pro se Bivens complaint in September 1992, alleging that
while housed at FCI Danbury, he was the victim of retaliatory
treatment.
He alleges that after he filed a complaint against a
staff member, other staff members subjected him to a pattern of
harassment and retaliation which led to the filing of a false
incident report, placement in segregation, and denial of
appropriate footwear.
Motions for summary judgment were denied
and a lengthy trial loomed. After a settlement conference with a
Magistrate Judge, the Plaintiff, now represented by counsel, and
the government agreed to convert case into an FTCA action and
settle for $15,000.
4. Seidler v. Beeler, Civil Action No. 98-3592 (DNJ) - Habeas
case in which inmate Steven Seidler, 26725-053, challenged denial
of early release eligibility under 3621(e), based on a two point
enhancement for possession of a weapon during a drug trafficking
offense.
Judge Irenas denied the petition, and held that the
denial was a valid exercise of discretion afforded to the
Director under the statute.
5. Shepard v. Holland, et.al., Civ. No. 3:CV-97-0610 (MDPA)
On July 19, 1999, Judge Kane denied a Motion for Summary
Judgement in a "failure to protect U Bivens action. The Court
finds material facts remain. The government contended that
material facts were not in dispute.
Plaintiff, inmate David
Shepard, 99058-012, was assaulted by a separatee who was housed
in SHU on the same range as the Plaintiff. When staff were
putting the assailant's cellmate back into the cell, the
assailant slipped his cuffed hand from back to front, exited his
SHU cell and assaulted the Plaintiff who was being returned from
outside recreation. All indications are that staff appropriately
followed all policies and procedures. The AUSA, with approval of
DOJ and OGC, has filed a protective notice of appeal and plans to
file an appeal on the qualified immunity argument. The appeal is
awaiting approval by the Solicitor General.
6. Trudeau v. Bureau of Prisons, 95-2266 (D. Conn.)
Three inmates, formerly at FeI Danbury, contend that, in l~~: and
1993, the defendants failed'to follow the Bureau of Priso~s

3

common fare menu and served them meals which were not
nutritionally balanced. They claim that staff at Fcr Danbury
retaliated against them after they made complaints about the
common fare meals and the preparation of such meals.
Discovery
in this case concluded in 1996 and it resurfaced during the week
of July 19, 1999. Trial was scheduled for seven days beginning
October 26,1999. On October 7, 1999, at the urging of the
magistrate judge conducting the settlement conference, a
tentative settlement agreement was reached: the case would be
converted to an FTCA matter and settled for a total of $20,000
(including attorney fees) to avoid costs of trial.
B.

TRIALS and HEARINGS:

.1. u.s. v. Javier and Ramon Jiminez, 98 Cr. 00131 (SDNY)
On July 27, 1999, sentencing was held for identical twins Ramon
and Javier Jiminez (42077-054 and 40204-054, respectively).
Judge Patterson was considering a downward departure or no·
imprisonment (guideline range was 33-41 months) due to his
concerns that (1) the Bureau may not be able to meet the
educational and vocational needs of the inmates; (2) the Bureau
may not be able to protect these inmates due to their
. cooperation; and (3) the possibility that the inmates may remain
at MCC NY for an extended period awaiting designation (they
already spent approximately 24 months at MCC NY) .
In a written response, the Judge was advised that the Burea~
would afford them ample opportunities for educational and
vocational training, that the inmates would not be designated to
a facility where they had a separatee, and that the designa~ion
process would be expedited upon timely receipt of the J & C.
Attorney Dominique Raia represented the Bureau at the hear:~~.
The inmates were sentenced to 33 months (Ramon) and 36 mo~t~5
(Javier) with a three year term of supervised release.
2.In re Ali, Mll-189 (SONY) - On July 27, 1999, there was ~
continuation hearing relating to this civil contemnor, i~~d:~
Ihab Ali, 46353-054.
Judge Patterson heard evidence rela::~.~ tc
Ali's religious convictions. The inmate stated fears fo: ! .. ~
safety and that of his family in Egypt as reasons why he r~:~s~~
to testify before two grand juries on matters related tc ~:.
investigation of the Embassy bombings. At a previous he~r::.;,
counsel for Ali raised concerns about the conditions of t~··
inmate's placement in administra ti ve detention. The MCC !;.:.
responded by letter to the court. Attorney Dominique Ra:J
represented the Bureau at the hearing. No further infor~J:.:~

4
concerning the Bureau was requested by the Court at the hearing.
The court decided to maintain inmate Ali in civil contempt.
3. On August 31, 1999, a correctional officer at MCC NY testified
in an arbitration matter involving the termination of an RPS
delivery person.
MCC NY had filed a complaint with the delivery
company regarding this person who, after having been warned in
the past, left a package outside MCC NY which required the canine
bomb squad to be summoned.
Dominique Raia assisted the staff
member.
4. United States v. Walker, 4:CR:97-0012(MDPA)- Inmate Lawyer Lee
Walker, 26727-083, was convicted of the assault of a cook
supervisor at USP Lewisburg in July 1996. A resentencing hearing
was required by United States v. Walker, 149 F.3d 238 (3d Cir, .
1998), in which the Court of Appeals implied that, for sentencing
guidelines purposes, all Bureau staff may not meet the definition
of law enforcement officer. On December 29, 1998, the district
court held that the evidence supported a finding that the cook
supervisor was a law enforcement or correctional officer for
purposes of the sentencing guidelines. A second appeal ~as filed
and oral arguments were held before the Third Circuit on
September 23, 1999. No opinion has been issued to date.
5. United States v. Kones, Cr. No.
(EDPA) - During the week of
September 20, 1999, former inmate Richard Kones, 05192-079, was
tried for willful failure to pay imposed fines.
While serving
his sentence at FCI Bastrop, the review of the inmate's
mail/telephone calls indicated that although he had a $4 million
fine, he was attempting to hide his financial assets.
The
information was referred to the FBI which led to the pendi~g
criminal matter.
Assistant Regional Counsel Toni Brown assisted
the AUSA with preparation and testimony of BOP witnesses :rom
NERO, FCI Bastrop and FMC Rochester. All of the BOP wlt~esses
testified well and the defendant was convicted.
6. u.S. v~ Trevor Wright, Crim No.
(MDPA) - On Septe~be: 3,
1999, a committed fine hearing was held regarding FCI ~~~e~~~oj
inmate Trevor White, 16648-004.
Paralegal Assistant Je:: :-~o~~
assisted the AUSA.
NOTE: No decision has been issued to date in the Holde: ~.
Harding, 98-CV-656 (D.Conn.) and Codiarini-Robles v. H~:_:~~':,
CV-1481 {D.Conn )cases concerning cross-gender pat sea!:~~~.

~~­

5

UPCOMING HEARINGS/TRIALS:
1. Bracciodieta v. U.S., 97-445 (MDPA) - Inmate Charles
Bracciodieia, 14674-018, alleges that he was beaten by staff
while handcuffed in the Special Housing Unit at USP Allenwood.
The court found a factual dispute and scheduled jury selection
and trial for the first week in November. Attorney Nellie Torres
will assist the AUSA at the trial.
2. Rios v. Wiley, No. 99-3297 (3d Cir.) [1:CV-98-1507 (MDPA)]
Oral argument is scheduled for Novemper 1, 1999, in this habeas
corpus case in which 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).
Mike Tafelski will present oral argument.
C. COURT ORDERS:
1. United States v. Vincent Mann, 1:99-CR-09-01-B (DNH)
On September 10, 1999, Chief Judge Barbadoro ordered a hearing
"to determine whether any officials of the Bureau of Prisons
should be held in con~empt" for providing misleading intormation
to the court for use at a sentencing. The defendant, Vincent
Mann, 49594-019, was sentenced to a 70 month term with a
recommendation that "once the defendant is eligible, he be
transferred to the ICC".
At issue was whether Bureau staff
advised a U.S. Probation Office that an inmate could be eligible
for ICC placement even if a sentence of 70 months were imposed.
After sentencing, the court was advised that ICC placement would
not occur because the Bureau regulations prohibits ICC placement
for inmates serving sentences in excess of 60 months.
Case was
resolved prior to the contempt hearing.

D. RELIGIOUS CASES:
1. Melvin Cooper v. Tippy, et al., Civil No. 94-758 (ND1~Y: A
Report issued January 19, 1999, recommending denial of
defendants' renewed motion to dismiss or for summary j ud~:;.·_·~::.
Plaintiff filed this Bivens action in June 1994 alleging ::.~:
staff at FCI Ray Brook failed to accommodate his religic~~
dietary needs.
Plaintiff, an Orthodox Jew, asserted var:_~:
instances where foods were either prepared inconsisten: ~:::.
Jewish laws or contaminated, thus losing their Kosher
status.
Although defendants claimed corrective measures ~··~e
implemented to prevent such occurrences, the court fo~~~ .:
question of fact existed as to whether the defendants a=:~:
intentionally in allowing the deficiencies to occur.

6

2. Thomas Ash-Bey v. Lt. Harold Fauntleroy, et al., 98-CV-1447
(DNJ). This is a Bivens action filed against six FCI Ft. Dix
employees. The plaintiff alleges he was denied the right to wear
religious headgear (a fez) on the compound.
He states when he
attempted to file an administrative remedy about this matter, his
counselor tore up his BP-8 and dismissed him. The plaintiff also
alleges he was given an incident report and transferred to
another institution in retaliation for his religious beliefs.
Plaintiff seeks one million dollars from each defendant as
compensation.
He also seeks one million dollars from each
defendant in punitive damages.
3. Trudeau v. Bureau of Prisons, 95-2266 (D. Conn.) - Common
fare case from FCI Danbury.
Included in settlement section
above.
E. ENSIGN AMENDMENT CASES: - None
F.

CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

JULY REFERRALS:
1. On'July 25, 1999, while conducting a routine shakedown, the
MDC Brooklyn unit officer located five balloons (containing a
brown substance which later tested positive as heroin) wrapped in
paper and cellophane. The case has been referred to the u.s.
Attorneys Office and accepted for prosecution. The two inmates
are Young Choi, 57446-053 and Jorge Zuluaga, 54115-053.
2. On July 12, 1999, correctional officers supervising the
visiting room at FCI McKean saw the visitor of inmate Roderick
Thornhill, 04651-068, pass what was later identified as ten
balloons of marijuana (net weight 3.1 grams).
The contraband was
recovered after the inmate was placed in a dry cell. The case
has been referred and accepted for prosecution~
JULY TRIALS/SENTENCING:
1. United States v. Dameon Daley, 4:CR-99-0030 (MDPA)
On July 28, 1999, after a three day trial, the jury acqui:~ed
inmate Daley, 03358-017 of charges that he assaulted corre~::onal
staff at USP Allenwood. The AUSA stated that staff at US?
Allenwood did an outstanding job supporting the prosecut:c:~.
The
perception is that the verdict resulted from one juror's b~::ef
that all correctional officers were liars.

7
AUGUST REFERRALS:
1. On August 23, 1999, pre-trial inmate Pena-Urena, 17979-069,
made a three-way telephone call to an unknown individual in the
community instructing people to flee the country because "the
feds were coming to get them." The prosecuting AUSA was
contacted and has subpoenaed the tape. The case was also
referred to the FBI.
AUGUST TRIALS/SENTENCING:
1. United States v. Wade Smith Cr. No.
(SONY)
On September 13, 1999, former MCC NY Lieutenant Wade Smith pled
guilty to a number of charges, including introduction of
contraband (cosmetics, jewelry, and clothing).
Sentencing
(maximum term of imprisonment is 6 months) is scheduled for
October.
2. U.S. v. Doris Johnson, Cr. No.
(SONY)
On September 14, 1999, former MCC NY correctional officer Doris
Johnson pled guilty to charges of sexual contact with an inmate
(Class B misdemeanor - maximum term of imprisonment is 6 months) .
Sentencing scheduled for January 26, 2000.
SEPTEMBER REFERRALS:
1. On September 29, 1999, USP Allenwood inmate John Kenney,
05238-041, struck a Unit Manager in the face with his fist
.causing the Unit Manager to fall, scrape his hand and damage his
pants and eyeglasses. The case has been accepted by the FBI for
prosecution. Five other criminal referrals from USP Allenwood
were submitted and are pending a decision.
2. On September 24, 1999, FCI Otisville pre-sentence inmates
Angel Galan, 56752-053, and Kerry Clark, 40762-054, were found in
possession of cocaine and marijuana. Case has been referred for
prosecution.
cc: Regional Director
Senior Deputy Regional Director
Deputy General Counsel

NORTHEAST REGIONAL OFFICE
LITIGATION QUARTERLY REPORT
FROM 07/01/1999 TO 09/30/1999

LOC

NOM

HC

FTC

BIV

OTH

5

13

2

ANS

PEN

CLD

HIT

SET

26

304

216

8

3

AWD

MXR

NER

36

16

SER
NCR
SCR
WXR

CO
TOT

DEFINITIONS:
LOC - LOCATION
NOM - NUMBER OF TOTAL LAWSUITS ·FILED IN QUARTER
HC - NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AWD - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE IN NARRATIVE)

NORTHEAST REGIONAL OFFICE
TORT CLAIM QUARTERLY REPORT
FROM 07/01/1999 TO 09/30/1999

Loc

Num

PP

PI

PPPI

WD

Set

Amt

Pen

Den

OD

AIO

AlP

Mxr

2

2

0

0

0

0

0

0

0

0

0

0

14

NER

216

158

47

4

I

5

8

568

277

92

0

0

102

Med

Ser

I

1

0

0

0

0

0

0

0

0

0

0

0

Ncr

2

2·

0

0

0

0

0

0

0

0

0

0

II

Scr

0

0

0

0

0

0

0

0

0

0

0

0

0

Wxr

1

1

0

0

0

0

0

0

0

0

0

0

2

C.O.

0

0

0

0

0

0

0

0

0

0

0

0

0

Sum

221

47

4

I

5

8

568

277

92

0

2

42

163

DEFINITIONS:
LOC
NOM
PP
PI
PPPI
WD
Med
Set
Amt
Pen
Den
OD
A/O
A/P

-

LOCATION
NUMBER FILED IN QUARTER
PERSONAL PROPERTY CLAIMS
PERSONAL INJURY.CLAIMS
PERSONAL PROPERTY/PERSONAL INJURY CLAIMS
CLAIMS WITHDRAWN
CLAIMS ALLEGING MEDICAL NEGLIGENCE
CLAIMS SETTLED
AMOUNT PAID
CLAIMS PENDING
CLAIMS DENIED
CLAIMS OVERDUE
AVERAGE DAYS OVERDUE
AVERAGE DAYS TO PROCESS

NORTHEAST REGIONAL OFFICE
ADMINISTRATIVE REMEDIES QUARTERLY REPORT
FROM 07/01/99 TO 09/30/99

LOC

NUM

DHO

SPH

MED

MH

LEG

FD

GRT

DEN

PEN

OD

601

304

20

49

1

33

6

31

446

216

0

MXR
NER
SER
NCR
SCR
WXR
TOT

DEFINITIONS
LOC - .LOCATION
NUM - NUMBER OF TOTAL AD REMEDIES FILED
DHO - NUMBER OF DHO REMEDIES FILED
SPH - NUMBER OF SPECIAL HOUSING UNIT REMEDIES FILED
MED - NUMBER OF MEDICAL REMEDIES FILED
MH
- NUMBER OF MENTAL HEALTH REMEDIES FILED
LEG - NUMBER OF LEGAL REMEDIES FILED
FD - NUMBER OF FOOD REMEDIES FILED
GRT - TOTAL OF NUMBER OF REMEDIES GRANTED
DEN - TOTAL NUMBER OF REMEDIES DENIED
PEN - TOTAL NUMBER OF REMEDIES PENDING
OD - TOTAL NUMBER OF REMEDIES OVERDUE

 

 

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