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Fbop Scr Monthly Report 2001dec

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Joyce ZoJdak - dec.rpt. wpd

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u.s. Department of Justice
Federal Bureau of Prisons

Dal/as, Texas 75219

South Central Regional Office

January 10, 2002

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - December 2001

ADMINISTRATIVE REMEDIES

(
RECEIVED
ANSWERED

JA
N

FE
B

MA
R

AP
R

MA
Y

JU
N

JU

L

AU
G

SE
P

OC
T

NO
V

DE
C

198
122

175
121

218
135

208
150

238
148

265
167

233
206

240
150

250
165

342
185

259
202

225
167

TORT CLAIMS
JA
N
PENDING
RECEIVED
ANSWERED
PENDING
OVERSIXMO

225
72
80
217
0

FE

B
227
49
48
228
0

MA
R

AP
R

MA
Y

JU
N

JU

L

AU
G

SE
P

OC
T

NO
V

DE
C

231
86
69
248
0

239
72
61
250
0

260
69
68
261
0

252
53
48
257
0

264
82
82
264
0

255
81
60
276
0

272
60
69
263
0

256
95
63
269
0

281
57
61
277
2

272
61
76
257
0

SE

OC

P
65
88
69
84
5

T

NO
V

DE
C

43
32
33
42

42
61
37
66

11

14

FOIIPRIVACY
JA
N
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

43
102
95
57
3

FE

B
57
56
68
45
3

MA
R

AP
R

MA
Y

JU
N

JU
L

AU
G

45
89
77
57
5

57
71
95
33
1

33
80
78
35
2

35
72
81
26
0

26
77
57
46

46
71
52
65
5

4285

1

84
29
70
43
15

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LITIGATION
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FlCA
OTHER
LIT REPORTS
HEARINGSI
TRIALS
SETTLEMENTSI
AWARDS

JA
N
17
5
11
4

FE
B
11
5
4
5

1
12
1

.1
15
0

0

0

MA
R
21
12
13
4
3
1
16
0

AP
R
19
17
8
9

JU
N
10
9
5
1
3
1
10
0

JU
L
10
7
6

1
19
2

Y
10
12
3
4
3
0
16
0

MA

0

0

2

0

1
2
9

AU
G
14
14
6
5
2
1
14

SE
P
17
15
6
8
1
2

8
0
0

OC
T
14
11
8
2
2
2
6

NO
V
16
9
9
5
2
0
13
2

DE
C
8
8
5
3
0
0
12
1

0

0

0

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CASES WITH HEARINGS OR TRIALS
FMC CARSWELL
On December 8, 2001, an 18 U.S.C. § 4246 commitment hearing was held regarding
inmate Frances DeGideo, a pretrial inmate currently committed to FMC Carswell under 18
U.S.C . § 4241 (d). The court found that inmate DeGideo was suffering from a mental
disease or defect which would create' a substantial risk of injury or property damage if she
were to be released . Therefore, the court ordered her committed to the custody of the
Attorney General for further treatment.

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On December 13, 2001, oral arguments were heard in the Garza wrongful death case
before the 1Olh Circuit. The key issue involved whether the case is time barred because
the claimants did not name the BOP in a timel y manner.
CASES WITH SETTLEMENTS OR AWARDS
a,

Adverse judgments

In the Nasario Ortiz v. Marvin Morrison, 2:01 CV00013 (ED/AR) case, an adverse
Magistrate's Proposed Findings and Recommended Disposition was received. Inmate
Ortiz filed a Bive ns's action alleging inadequate medical care in violation of the Eighth
Amendment. Plaintiff claims that the Clinical Director failed to approve his request for
surgery, that the Warden, the Regional Director, and the National Inmate Appeals
Administrator failed to grant his administrative remedies for surgery, and that the HSA
failed to correct the Clinical Director's "negligent" behavior and approve his surgery. The
Court found that genuine issues of material facts exist regarding whether the Clinical
Director's
were objectively reasonable , and whether she is entitled to qualified
immunity.

'0'2,--

Albert Muick v. Edward Johnson, 4:00 CV0036HDV (ED/AR). The Magistrate Judge
denied our Motion to Dismiss. The government argued that since the inmate's Bivens
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complaint involves work-related injuries. the exclusive remedy is under the Inmate
Accident Compensation Act. The court states that because the inmate alleged a
"continuing course of unconstitutional conduct by the individual defendants" rather than
the government, the Motion should be denied. An Objection is being filed.

b. Tort Claim settlements
None

c.

Other settlements

None
SIGNIFICANT CASES
FCI LA TUNA
White v. Williamson. et al.. No. EP-OO-CV-218 (W.O. Tex.). No. 01-50404 (5 th Cir.). On
appeal from summary judgment in favor of the defendants, the 5th Cir. affirmed in part
and vacated and remanded in part on December 5,2001. In this Bivens action, the
plaintiff alleged he was denied access to the courts when the defendants did not deliver
his legal materials to him in a timely manner incident to his transfer from the La Tuna
Satellite Camp to the main institution so that he could participate in RDAP. Plaintiff also
alleged the defendants retaliated against him for litigating another Bivens complaint by
forcing him to choose between completing RDAP or timely filing an appeal brief in yet
another civil action. The district court granted summary judgment on behalf of the
defendants on both claims.
On appeal by the plaintiff, the 5th Cir. affirmed the district court's judgment on the access
to the courts claim, but vacated the judgment on the retaliation claim, remanding it to W.O.
Tex. for further proceedings. Dallas CLC staff and the assigned AUSA are currently
evaluating the potential viability of renewed Motion for Summary Judgment.

a

'"

FTC OKLAHOMA CITY

Roger Eugene Gresham v. U.S. Bureau of Prisons. et al.. CIV-00-1932-L (W.O. Okla.).
Plaintiff's action filed under the Federal Tort Claims Act and Bivens was dismissed for
failure to state a claim. The Court granted the defendant's Motion to Dismiss and
directed the Clerk of Court to note in docketing that this dismissal counts as one strike
against plaintiff pursuant to 28 U.S.C. § 1915(g}.
Leemon Lewis v. Marvin Morrison. et al. 2:00CV00028 (E.D. Ark.). Plaintiff, an inmate
who was at FCI Forrest City from July 15. 1998. through August 28, 2000, alleges he has
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been unlawfully classified as a sex offender despite never having been convicted of a sex
offense. The plaintiff alleges BOP staff used information regarding a rape charge to which
he pled to the lesser offense of Assault under the Alabama Youthful Offender Act. an
adjudication that was under seal and should n~ver have been released. and that the
BOP's use of the information was in violation of the Privacy Act and his constitutional
rights. Plaintiff further alleges that as a result of the erroneous classification. he has
suffered emotional distress. is ineligible to receive a year off his sentence upon
completion of the RDAP. and is ineligible for minimum security level institution housing or
half-way house confinement. The District Court found a liberty interest in being labeled a
sex offender and ruled that due process was required allowil1g a Bivens action to
continue. In response to the Motion for Reconsideration. the Court dismissed the Bivens
claim based on qualified immunity. stating there had been no 8th Circuit decision clearly
establishing the law putting BOP officials on notice that their actions were unconstitutional.
FCI SEAGOVILLE
Michael Eugene Tasby v. Sam L. Pratt. No. 4:01-CV-0959-A (N.D. Tex.). Petitioner
claims he has been improperly denied eligibility for sentence reduction under 18 U.S.C. §
3621 (e)(2)(B) after an 18 U.S.C. § 924(c) count was vacated from his sentence.
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SIGNIFICANT TORT CLAIMS'

I

FPC BRYAN

~~~ Two tort claims have been filed by counsel for former inmate

-

The claims revolve around the "sexual
by an FPC Bryan staff member on December 23.2000. The
staff member. former
rrectional Officer Stephen Gormly. entered a plea of guilty to one
count of Sexual Abuse of a Ward. in violation of 18 U.S.C. 2243(b) in March 2001. and is
currently awaiting sentencing. Each claim seeks $850.000 in damages for a total of $1.7
million. (TRT-SCR-2002-07627/Castillo & TRT-SCR-2002-07628/Newman)
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
None

MEDICAL MALPRACTICE
LITIGATION

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FMC CARSWELL
Marietta Taylor v. Lucy Mallisham. No. 4:01-CV-1012-A (N.D. Tex.). Petitioner claims she
has been denied proper psychiatric and medical care, causing her to attempt suicide on
two occasions. She also claims she has been improperly placed in psychiatric seclusion.
She seeks an order barring her pending transfer to a non-medical facility.
TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
(...

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
CLC HOUSTON
The construction of the CLC offices is complete and most of the office furniture has
already been moved. Phone lines are being installed. and they are awaiting the
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installation of the lines necessary for computer access. Installation of the office
equipment will occur in the first part of January.
CRIMINAL MATTERS AND PROSECUTIONS
USP BEAUMONT
Inmate Daniel Lee Mellinger pled guilty to the charge of Possession of Illegal Contraband
in the Eastern District of Texas. The conviction stems from inmate Mellinger being found
with a homemade knife in the Food Service Department of the USP.
USP POLLOCK
On December 14, 2001,
informed SHU staff that USP Pollock had
was removed from the cell and staff found inmate John
their first homicide. Inm
MacLeod on the floor, face up, with a blanket over him. Medical staff immediately began
CPR, and the inmate was transported via ambulance to the local contract hospital.
Inmate MacLeod was pronounced dead at 7:05 a.m. Autopsy results found that inmate
MacLeod died as a result of asphyxiation due to ligature around the neck, with severe
facial trauma. The FBI is investigating.
Pamela Copeland, the defendant (visitor) who was arrested and charged under Title 18
USC 1791(a)1, Traffic in Contraband Articles, after she was found with 12 balloons of
marijuana pled guilty as charged in the Western District of Louisiana on December 19,
2001. Sentencing is currently scheduled for March 21, 2002.
FCI SEAGOVILLE

It is anticipated that SEA Correctional Officer Paula Young will be indicted in N.D. Tex.
during the month of January. Miss Young has been on extended leave without pay since
her arrest on July 3. 2001, for having forged signatures on the checks of at least one
elderly person.

Fel TEXARKANA
Inmate Martinez-Ortega entered a plea agreement for Possession of a Weapon in a
Correctional Facility. He was indicted on July 10, 2001 and received an 18 month
sentence.
Inmates Garcia-Quinones and Zepeda entered plea agreements for their role in a
gang-related assault on various inmates on January 19. 2001. Inmate Garcia. received a
48 month sentence. Zepeda has been released from federal custody. His indictment is
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now being handled through the U. S. Attorney's Office in Laredo. Texas.

PERSONAL ISSUES
None
Scheduled Annual/Sick Leave:
- January 10 & 11

- Annual Leave

Other.Scheduled Absences:

-

- January 8-11

- USP Pollock

- January 14-18

- Regional Counsels
Meeting

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