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Fbop Scr Monthly Report 2001nov

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Joyce Zoldak - nov,rpt.wpd

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u.s. Department of Justice
Federal Bureau of Prisons

Dallas, Texas 75219

South Central Regional Office

December 7, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - November 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

198
122

175
121

218
135

208
150

238
148

265
167

233
206

240
150

250
165

342
185

259
202

DE
C

i

,k'

....

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVERSIXMO

JA
N

FE
B

MA
R

AP
R

MA
Y

JU
N

JU
L

AU
G

SE
P

T

NO
V

225
72
80
217

227
49
48
228
0

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

0

OC

DE
C

I
t-

FOIIPRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

JA
N

FE
B

MA
R

AP
R

MA
Y

JU
N

JU
L

AU
G

SE
P

43
102
95
57
3

57
56
68
45
3

45
89
77
57

57
71
95
33

33
80
78
35
2

35
72
81
26
0

26
77
57
46
1

46
71
52
65

65
88
69
84

5

5

5

4246

OC

T

NO
V

84
29
70
43
15

43
32
33
42
11

DE

C

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Joyce ZoJdak - nov.rpt.wpd

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

JA
N
17
5
11
4
1
1
12
1

FE
B
11
5
4
5
1
1
15
0

MA
R
21
12
13
4
3
1
16

0

0

0

AP
R
19
17
9
1
1
19
2

10
12
3
4
3
0
16
0

JU
N
10
9
5
1
3
1
10
0

0

0

2

8

MA

Y

JU

L
10
7
6
1
1
2
9

0

AU
G
14
14
6
5
2
1
14
1

SE
P
17
15
6

0

2
2
2
6
1

NO
V
16
9
9
5
2
0
13
2

0

0

0

8
1
2

8

OC

T
14
11

8

DE
C

CASES WITH HEARINGS OR TRIALS
On November 6, 2001. an 18 U.S.C. §4245 commitment hearing was held regarding
inmate Jay Larson. The court found that inmate Larson was suffering from a mental
disease or defect requiring hospitalization at FMC Carswell for treatment.

L-

On November 27, 2001 an 18 U.S.C. §4246 commitment hearing was held regarding
inmate Alonya Butler. a pretrial inmate currently committed to FMC Carswell under 18
U.S.C. §4241 (d). The court found that inmate Butler was suffering from a mental disease
or defect which would create a substantial risk of injury or property damage if inmate
Butler were to be released. Therefore, the court ordered her committed to the custody of
the Attorney General for further treatment.
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CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None

b. Tort Claim settlements
None

c.

Other settlements

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None
SIGNIFICANT CASES
USP BEAUMONT
Denard Neal v. Kathleen Hawk-Sawyer. et aI., 01-2021-RMU (~OC). The inmate plaintiff
in this claims that his Eighth Amendment Rights were violated when he was tortured and
sexually abused by staff in the Special Housing Unit in August and September of 2000.
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He seeks $15.000.000 in punitive damages. $15.000.000 compensatory damages, court
costs and attorney's fees. The Warden has referred the allegations. Plaintiff is now
housed at USP Allenwood.
Gerald Masterson v. United States of America. et a!, 1:01CV596·EDITX. The pro se
inmate plaintiff in this matter alleges that several staff subjected him to excessive force
during an incident which occurred on December 17. 1999. He also alleges that he
was denied medical care for his injuries. The administrative
tort claim inmate Masterson previously filed was denied on February 16, 2001. However,
the defendants have been under criminal investigation and/or prosecution. and there are
concerns regarding whether representation will be afforded.

,

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Fel SEAGOVILLE
Jones v. Soles, No. 3:99-CV-1237-M (N.D. Tex.). On November 20,2001, Magistrate
Judge Paul D. Stickney issued a Report and Recommendation in which he
recommended that the defendant's motion for summary judgment be denied. The
plaintiff had alleged that the defendant, a Correctional Officer at Fel Seagoville who
supervised the plaintiff's compound work detail. had retaliated against .him for seeking
informal resolution of a dispute concerning the scheduling of the plaintiff's vacation time.
The retaliation allegedly took the form of reassigning the plaintiff to Food Service for one
day and subsequently having the plaintiff transferred to another low security institution,
The Magistrate concluded that the plaintiff had properly plead "a chronology of events
from which retaliation may plausibly be inferred" (the 5th Cir. standard for pleading
retaliation claims where a plaintiff does not have direct evidence retaliatory intent) and.
therefore, concluded that genuine issues of material fact existed which precluded
summary judgment.

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The Magistrate also concluded that the defendant should not be afforded the protection
of qualified immunity as there is a genuine issue of material fact as to whether retaliation
actually occurred. and a reasonable Correctional Officer in defendant's position would
know that taking adverse action against an inmate in retaliation for exercising his right to
petition the government and his right of access to the courts is unconstitutional as the law
is well established in this area. Dallas CLC staff and the

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AUSA assigned to the case are evaluating potential objections to the Report and
Recommendation.

•

FCC BEAUMONT

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Newman. In these previously reported cases and claims, the medical file was reviewed
by Armed Forces Institute of Pathology (AFIP). wherein they determined that BOP
medical care was not the proximate cause of the inmate's death. However, AFIP. has
expressed significant concerns about the quality of care provided by the contractor
(UTMB) at FCC Beaumont.

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SIGNIFICANT TORT CLAIMS
FCIBASTROP
Farmers Insurance Group. This is a subrogation claim brought by the insurance
company of the driver of a vehicle which was involved in a collision by a staff-driven van
in May 2001, while staff were escorting inmates on a local medical trip. The amount of '
the claim is $14,135.39. (TRT-SCR-2002-02711 )
Iwegbu. Former FCI Big Spring inmate Daniel Ify Iwegbu (currently designated at FCC
Beaumont - Medium) claims that during an institution lockdown on March 6, 2001, staff
used excessive force to place him in a SHU cell with four other inmates. The claimant
asserts that the staff involved were aware that he had a pre-existing serious back injury,
which 'was exacerbated by the application of excessive force, and which ultimately
required surgical intervention. The claimant alleges that he sustained severe pain and
that surgical treatment would not have been needed but for the exacerbation of his
previous injury by the application of excessive force. He seeks compensation in the
amount of $10,000,000.00. (TRT-SCR-2002-07187)
I

See Newman under Significant Cases.

II

SIGNIFICANT ADMINISTRATIVE REMEDIES

t:

USP BEAUMONT
John B. Roux claims that he was denied proper medical treatment after being stabbed on
May 12, 2001. It appears that inmate Roux's stab wound left him with a 15% occlusion of
his left thorax (baSically blood collecting in his lung), which University of Texas Medical
Branch (UTMB) staff diagnosed on May 15, 2001. After numerous x-rays and
evaluations by UTMB staff, inmate Roux's left thorax occlusion increased from 15% to
65% and required him to be referred to the Hospital Galveston Emergency Room for
treatment and eventual surgery in June of 2001. Inmate Roux now reportedly has
decreased lung capacity in his left lung. At this time, we have concerns about the
contract medical care. (Remedy No. 251204-F1)

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UPCOMING TRIALS OR HEARINGS
CCM NEW ORLEANS
Garza. Oral arguments before the 5th Circuit are scheduled for December 13, 2001. The
plaintiff's counsel filed an appeal in this previously reported wrongful death case.

i •.
J

!

I.

FMC FORT WORTH

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Diqideo. A hearing for inmate Digideo pursuant to 18 U.S.C. §4246 is slated for
December 18, 2001, before Judge John McBryde .
. A video conferencing is scheduled for January 7,2002, in the case of inmate
. A Philadelphia federal court is interested in inmate Hatcher's medical
condition. nmate Hatcher submitted her paperwork for compassionate release in 1996.
and it was denied. We don't know whether inmate Hatcher will resubmit a
compassionate release request. Inmate Hatcher is currently suffering from non-Hodgkin
lymphoma and a host of other medical conditions. However, she is not expected to
expire soon.

.
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MEDICAL MALPRACTICE
LITIGATION

See Newman under Significant Cases above.
TORT CLAIMS

See Newman under Significant Cases above.

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ENSIGN AMENDMENT

'.

None
LITIGATION

None
TORT CLAIMS

None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION

None

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Joyce Zoldak - nov.rpt.wpd

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TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None

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SITUATIONS OF INTEREST

,

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FCIBASTROP
Judge R. Hinojosa of the Southern District of Texas, McAllen Division, visited the
institution on November 2.2001. He teaches a course on federal sentencing at the
University of Texas School of Law. and he brought his class to tour and dis~uss federal
sentences.
FMC FORT WORTH

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I n m a t e _ , a self-proclaimed adherent of Christian Identity who arrived at FMC
Fort Worth on October 18, 2001. has requested to be housed exclusively with "Aryan"
inmates. Inmatetlll claims that being housed with "Aryan" inmates only is a central
tenet of his faith. and alleges that he was afforded unspecified accommodation of some
of his religious practices when he was previously housed at FCI Florence. A review and
investigation of inmate_ request is pending.
FDC HOUSTON
The occupancy date of the CLC offices was delayed when Facilities staff encountered
asbestos in the existing floor. Contract workers hired by GSA will conduct the removal of
the asbestos on December 8 and 9,2001. Facilities staff will require approximately one
additional week to complete the renovations.
CRIMINAL MATTERS AND PROSECUTIONS
FMC FORT WORTH

t ••

On October 22. 2001, an FMC Fort Worth perimeter patrol officer observed inmate
attempting to escape the institution by attempting to scale the inside
perimeter fence. The inmate was stopped and restrained by responding staff, and he
remains in Administrative Detention pending FBt referral and investigation.
Foe HOUSTON .

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4251

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Joyce Zoldak - nov. rptwpd

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On Nove mber 16, 2001, the (S DITX) Court granted the motion for release on bond
pending appeal filed by a former FDC Houston correctional officer, Anthony Ray Carter.
Mr. Carter intends to appeal the sentence imposed in con nection with his conviction for
Sexual Abuse of a Ward . Specifically, Mr. Carter contends institution staff improperly
submitted a letter to the U.S. Probation Office recommending that the Court impose a
term of incarceration.
USP POLLOCK
On November 24. 2001, staff found Pamela Copeland , prospective visitor of inmate
Dewayne Ervin, to be in possession of 27 grams
of a green leafy substance which appeared to be marijuana .
Ms. Copeland had the marijuana in 12 balloons that she had concealed on her person .
Ms. Copeland consented to a visua l search, which the Warden had authorized based
upon intelligence gathered by institution SIS staff. The FBI were on-site at the time of the
sea rch and took Ms. Copeland into custody. On Nove mber 28, 2001 , Ms. Copeland was
indicted in the Western District of Lou isiana for Providing or Possessing Contraband in
Prison, in violation of 18 USC 1791.
FCI TEXARKANA
Inmate Martinez-Ortega entered a plea agreement in the ED/TX for Possession of a
Weapon in a Correctional Facility and is awaiting sentencing . He was indicted on July
10,2001 .

(

Inmate Bernard Garcia was sentenced in the ED/TX on November 19, 2001, to 24
months, for his escape from the sate llite camp on January 21 , 2001.
PERSONAL ISSUES

Scheduled Annual/Sick Leave :
- December 7
- December 14

- Annual Leave
- Annual Leave

- December 19-30 - Ann ual Leave
- Dece mber 20-24 - Annual Leave
7

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