y:e-;l'k'
BUREAU OF PRISONS -

_DATE:

( lrLYTO
....

ATTNOP',

SUBJECT:

TO.

I'~,J.;

SOUTH CENTRAL REGIOl\JNITED STATES GOVERNMENT

Fe}~ ~
memorandum
~~~D. Hood, Regional Counsel
Monthly Report - January 1, 1995 - January 31, 1995
Wallace H. Cheney, Assistant Director/General Counsel
Central Office

ADMINISTRATIVE REHEDIBS
JAIl

# Received
# Answered

PBB

KAR

APR

KAY

JU!I

JUL

AUG.

SEP

OCT

NOV

DBC

PBB

KAR

APR

KAY

Jtm

JUL

AUG

SEP

OCT

NOV

DBC

PBB

KAR

APR KAY

J1JII

J1JL

FBB

DR

APR

JUB

JtJL

56
59

TORT CLAIMS
JAIl

129
# Pendinq
20
# Received
61
# Answered
·88
# Pendinq
3
# Over six Mon
( lZ/PRZVACY

'.

#
.,
#
#

JD

Pendinq
224
30
Received
Answered
24
233
Pendinq
0
Over 30 Days

LI'1'I GAT 1011
JAIl

New Cases Reed
Cases Closed
Habeas. Corpus
Bivens
FTCA

KAY

AUG

AUG

SBP

NOV

OCT

SBP

NOV

OCT

DBC

DBC

21
11
8
10
0
3

Other
11
Lit Reports
Cases with Hearinq
1
or Trials
Cases With Settlements
0
or Awards
Tort Claim
0
Settlements

.

3140

. :: ..

OPTIONAL FORM NO. 10
(REY.l-1O)
GSA P'PMR (41 CPR) 101-11.1
11010-114
• U.S. CPO; \993-342-199/60133

2

SIGNIFICANT CASES

Spanjol v. U.S.
•
This is an FTCA suit filed in the Eastern
District of Texas.
The family of former inmate Vjekoslav
Spanjol, deceased, allege that the Bureau provided inadequate
medical care by failing to diagnose inmate's cancer.
Seek
$12,500,000.00 in damages.
McAlpine v. Thompson. et a1., CIV-94-1406-L, WO/OK. This is a
RFRA case in which a Native American inmate has sued for the
right to use peyote in his religious ceremonies. The Magistrate
Judge has issued a Report and Recommendation recommending
dismissal of the suit. The inmate has filed objections to the
Report. We are awaiting a final rulinq from the District Judge.
Berman v. Lamer. et a1., C.A. No. 95-0054, ED/PA. We ~re workinq
with the Northeast region in responding to this medical-based
Bivens suit. The inmate, currently housed at FMC Fort Worth has
requested an independent medical examination. A TRO hearing was
held in Philadelphia on January 27. More information should be
available in the Northeast Reqions' report.
Chagra v. DOJ, et a1.
No. 4:95-CV-046-A, ND/TX.
This is a
mandamus/habeas/injunctive relief suit filed on behalf of a
terminally ill inmate at FMC Carswell. The suit seeks relief
which would result in the inmate's release from incarceration,
a'nd names as parties the BOP, Parole commission, Pardon Attorney,
and Attorney General. Chagra is an old law inmate who is already
eligible for parole, and we have' provided information to the AUSA
that there is nothinq the BOP could do, even if we were so
inclined, to arrange her release.
v. Hawk. et a1. 4-94 CV-809-A, ND/TX.
In this medical
related Bivens
suit,
Judge McBryde has
appointed an
"Investigator" .to look into plaintiff's alleqations. 'We have
been working closely with the u.s. Attorney's office, who have
been in touch with the Torts Branch and the Appellate·Division in
D.C., all of whom believe ,this is an improper and illegal order.
On January 27, we received the first contact from the
"Investigator," who was seeking to talk with a number of our
staff members who are defendants in the suit. The Investigator
was referred to the u.s. Attorney's office for compliance with 28
Tran

«

C.F.R. 16.21.

CASES WITH BBARZNGS OR TRZALS

Marie Fleming v. United states, 4:93-CV-0094-Y, ND/TX.
FTCA
suit wherein plaintiff's car was rear-ended by an inmate driver
of a government vehicle. Plaintiff failed to appear for trial.
suit dismissed with prejudice with each party to bear their own
costs.

3141

3

SIGNIFICANT TORT CLAIM
An administrative claim has been filed,

seekinq three million
dollars, based on the death of inmate Anastacio Tijerina.

Tijerina died at FMC Carville on March 20, 1993, of congestive
heart failure. The claim alleges that the BOP and USHS ignored
the inmate's medical needs by failing to provide him with
surgery, or other appropriate medical care.
TRAVEL AND ANNUAL LEAVB

Mike Hood - February 13-17 - Washington, D.C.
An Tran
- February 16-17 - Annual Leave

3142

~~.
BUREAU

~DATE'
.

AEPLYTO
ATTN OF:

SUBJECT:

TOa

OF PRISONS -

SOUTH CENTRAL

memorandum

/'..

March 1, 1995

~

Ji1m1e[rl.~o'l,

REGIONUNITED STATES GOVERNMENT

Regional Counsel

Monthly Report - February 1, 1995 - February 28, 1995
Wallace H. Cheney, Assistant Director/General Counsel
Central Office

ADMINISTRATIVE REKEDIES

JAB
56
59

FEB
64
56

MAR

APR

HAY

JOB

JUL

AUG

SEP

OCT

NOV

DEC

JAB

FEB

MAR

APR

HAY

JUR

JUL

AUG

SEP

OCT

NOV

DEC

129
Pending
20
Received
61
Answered
88
Pending
3
Over Six Mon

61
64
0
FEB.
233
25
25
233
0

MAR

APR HAY

JOB

JUL

FEB
14
10
4
7
3
0
16

MAR

APR

JOB

JUL

# Received
# Answered
TORT CLAIMS

#
#
#
#
#

OI/PRIVACY

#
#
#
#
#

JAB
224
Pending
30
Received
24
Answered
233
Pending
0
Over 30 Days

88
37

LITIGATIOIf

-

JAB
New Cases Recd 21
11
Cases Closed
8
Habeas Corpus
10
Bivens
0
FTCA
3
Other
11
Lit Reports

HAY

AUG

AUG

SEP

SEP

OCT

OCT

NOV

NOV

DBC

DEC

Cases With Hearinq
0
1
or Trials
Cases with Settlements
0
0
or Awards
Tort Claim
o·
0
Settlements

(-.,

OPTIONAL ,.ORM NO. 1O

3102

(REV. 1-80)
GSA FPMR (., CFR) 10,-" ••
lIOI~I1.

-u.s.

GPO. 1993-342-199/60133

2

SIGNIFICANT CASES

~
'.

Turner v. Wooten, et ale - EP-93-CA-172-B (WD/TX El Paso
Division). This case was originally reported in the May 1993.
The Assistant u.s. Attorney, Barry Robinson conflicted out of
this case.
We are currently awaiting a decision from DOJ
regarding representation.
One former staff member, Garrett
Duckworth, D.O. will no longer be provided representation by DOJ.
Pope v. BOP, et a1. - 92-7-ClV-Gonzalez (USDC/SDFL). This EEO
case was originally reported in October 1993. A former Chaplin
at FCl, Bastrop who was terminated during his probationary
period, alleges discrimination. The Bureau claims legitimate,
non-discriminatory, non-pretextual reasons (insubordination,
failure to provide religious services for all inmates) as the
reasons for dismissal. We have been informed that the Magistrate
assigned tp this case recommends that this case be held for
trial. The Assistant u.s. Attorney believes the trial will beqin
in April in Miami, Florida.
McGarrah v. Abbot and Federal Prison Industries No. ClV-94-943-T-T, WO/OK. This case, in which the former inmate
challenged Unicor's alleged reliance on a confidential informant
in denying application for benefits under the Inmate Accident
Compensation procedure, was qismissed with prejudice on
February 23, 1995, for plain~iff's failure to comply with the
court's.orders.

o

upCOMING BEABXNG

Chaqra v. DOJ, et a1., (ND/TX) - In this habeas/mandamus action
filed by a terminally ill inmate, a hearing was scheduled for the
afternoon of Thursday, March 2. On March 1, we received word
that the case has been dismissed. Therefore, there will be no
hearing.
SIGNIFICANT TORT CLAIMS

A staff member from the CCM Office in San Antonio was on
~emporary duty at the CCM.Office in El paso when he was involved
in an automobile accident.
The staff member was driving a
government vehicle and collided with the rear of a civilian's
pick-up truck causing approximately $2, 100 in damages. The. staff
member was issued a traffic citation for failure to control
speed.
I

.

MEDICAL MALPRACTICE LITIGATION (UPDATE)

Spanjol. et al. v. Janet Reno. et al., United states District
Court for the Eastern District of Texas, civil No. 4:94-CV-237.
The time to file an answer in this matter was extended until

3103

3

March 18, 1995.
A lengthy litigation report has been prepared
and forwarded to the Assistant united states Attorney. We will
appraise you of any further developments.

C)
'.,
'.

3104

UP~':~:'

BUREAU OF PRISONS - SOUTH

.Ala
(

"

CENTRAL REGION UNITED STATES

memorandum

DATE:

~PLVTO
ATTN OF:

SUBJECT:

TO:

toV~RNMENT

Counsel
Monthly Report - March 1, 1995 - March 31, 1995
Wallace H. Cheney, Assistant Director/General Counsel
Central Office

ADMINISTRATIVE REKEDIES
# Received
# Answered

TORT CLAIKS
#
#
#
#
#

•

Pending
Received
An~wered

Pending
Over six Mon

( ll:/PRl:VACY

-,.

#
#

#

#

••

JAIl

FBB

MAR

56
59

64
56

79
74

JAN
129

FEB
88

MAR
64

20
61
3

37
61
64
0

57
37
2

JAB

FBB

HAll

233
25
25
233
0

233 '
18
63

JUT
21
11

FBB
14

MAR

10

8

4

7
4

10
0

3

88

Pending
224
30
Received
24
Answered
233
Pending
0
Over 30 Days

LITIGA'1'IOR
New Cases Recd
Cases Closed
Habeas Corpus
Bivens
FTCA

7

0
3
Other
11
16
Lit Reports
Cases With Hearing
0
1
or Trials
Cases With settlements
0
0
or Awards
Tort Claim
0
0
Settlements
".~

(.

~..

APR

HAY

JtDI

JUL

AUG

SEP

OCT

NOV

DBC

APR

MAY

JtDI

JOL

AUG

SEP

OCT

NOV

DBC

30

APR

HAY

JUH

JUL

AUG

APR

MAY

JOB

JUL

AUG

OCT

SBP

NOV

DBC

58

0
OCT

SEP

NOV

DBC

10

;,~

3
3

0

~.

9

.....
~.~: ~ '; r~".

~-.

'

"

r.--'-~

R 0 &;'95

1
--:~

; ;-.:: f) r:

: ; ; OJ.... \..

0

~

'= \i E[\
hI
! \,'"\ I..

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j·:\i!)t!!!!
_,_,,\
, , '..

OF
J

rnIJ' r" .... :

i '\ ,~' :. ~.

v',;

PR1<:Of\!$
'.
I~

..........

4

• • • •_

.......

0

RBCONCILIATION OJ' TORT LOG AND ACCURATB COUlfl' OJ' FILES INDICATB THE NUHBER
PREVIOUSLY RBCORDBD WAS INACCURATB.

.

OPTIONAL FORM NO. 10

3068

(REV. 1-80)
GSA FPMR (.1 CFR) 101-11.'
5010-".
0\.1.5. GPO.

1992-J12-071/~0046

2

DISCOVERED THAT 64 OLD FOIA'S WERE CLOSED AND HAD NOT BEEN SUBTRACTED
FROM PREVIOUS STATISTICS. 35 DUPLICATES WERE ALSO CLOSED OUT.
(58 OLD
PENDING AND 18 NEW PENDING

=

7~

TOTAL PENDING).

SIGNIFICANT CASES

Tran v. Hawk, et a1. - 4:94-CV-S09-A (ND/TX) - This is a Biyens
case, in which the judge (McBryde) attempted to hold a Spears
hearing in February. We declined the "invitation" to attend the
Spears hearing, because the judge wanted us to make the
individual defendants available.
The judge then appointed an
attorney to investigate the case, and ordered us not to transfer
the inmate. The case was dismissed on March 10, and the inmate
has filed an appeal to the Fifth Circuit.
.

()

Turner v. Wooten -. 92-CA-70-H (WD/TX) - In this Biyens case,
involv~ng allegations that the plaintiff was forced to work in
deliberate indifference to his serious medical needs, a new
attorney has. been assigned to represent the defendants.
Sal
Dile5sio, of the Constitutional Torts Branch, is taking the case
over from AUSA Barry Robinson, who withdrew because of a
conflict. This case has a long and tortured history, complicated
even more by the fact that Dr. Garrett Duckworth, one of the
named defendants, has filed for bankruptcy. Dr. Duckworth has
named all codefendants, and AUSA Robinson, as potential creditors
in his bankruptcy. Trial is currently scheduled for mid-May, in
El Paso, but Mr. Dilessio is moving for a continuance to conduct
discovery.
Given the fact that the case has already been
continued several times at plaintiff's behest, we. are optimistic
that our request for continuance will be granted. We are also
working with the Constitutional Torts Branch to obtain
representation for the defendants in Dr. Duckworth's bankruptcy,
to protect their right to contribution on the off chance that the
defendants are found liable·to the plaintiff.
~eets

v. Clark. EP-95-CA-16-H (WD/TX) - On March 23, 1995, this
Habeas Corpus petition. was granted based on the fact that the
Federal petition was granted based on the fact that the Federal
Government had assumed primary jurisdiction of· petitioner for
servicing his federal sentence concurrent with his state
sentence.
Central Office was notified and a decision not to
appeal the court's order was made.

pope v. Reno, EEO case allegation ar1s1ng out of the termination
chaplain in 1989 ~ is scheduled for trial in Miami
~~ 10.
Mike Pybas, FDC, M1ami, will represent the Bureau.
~tionary

To date, none of the numerous witnesses named by plaintiff in his

pretrial statement have been subpoenaed. Ilona Holmes, the AUSA,
relates that the plaintiff has repeatedly expressed the belief

~. ~ty.. d-:C.~ ... wJ-.,~L,~~n,~
~

a.

.. -rr-

/J.

(i

fI

3069

n

0

(/.

;'.4.".s~ 'bl~-t~"t. ~~ ~~

-I::c .

A-J).

A-.

I

,I

~--r.:-. Fi-

(j

d:.v. ~~
if 1-7)

i'

I .... I .. _

3

that the USA will pay the costs associated with producing the
plaintiff's witnesses at trial.
MEDICAL MALPRACTICE LITIGATION

Taghipour v. Dan Chastine. et a1., l:94-CV-039-C (ND/TX)
Plaintiff alleges that he got struck in his left eye by a soccer
ball during a game and suffered severe injuries which were
aggravated by the lack of a prompt response and proper treatment
from the medical staff at Fel, Big Spring.
TRAVEL

Mike Hood - April 3-7 - Washington, D.C.

C)

()
3070

BUREAU OF PRISONS - SOUTH

_DATE:

(

"

lLvTo

ATTN OF:

Monthly Report - April 1, 1995 - April 30, 1995

SUBJECT:

walla'c'~:',H.

TO:.

:~entral"

" "
"

,

.:

'.

,

.

Cheney, Assistant Dire'ctor/General Counsel
Office

'

ADHINI~'~~~IVB
-...... -...
..

REMEDIES

."

,

'.": -:

~;',~:.,;:'

,

. JAB

FEB

# Received ':, ;:. 56
# Answered ',:::,:: 59

"64
56

,

:

,.'

',';'

MAR
79
74

APR

FEB
88
37
61
64
0

MAR

64
30
57
137

APR
137
52
58
108

2

0

FEB
233
25
25
233

MAR

233
18
63
76

APR
76
20
13
83

0

0

0

FEB
14
10

MAR
10
7

APR
10
2
2
5·
3
0

55

HAY

JUR

JUL

AUG

SEP

OCT

NOV

DBC

HAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

55

TORT' CLAIMS
JAB

#
#
#
#
#

129
Pending
20
Received",
61
Answered
88
Pending
3
Over six Mon

*

( : ]I PRl:VACY
JUt
.
ending
224
30
# Received
24
# Answered
233
# Pending
0
# Over 30 Days

HAY

JUlf

JOL

AUG

MAY

JUN

JUL

AUG

OCT

SBP

NOV

DBC

**
LITIGATION
JAB

New Cases Recd
Cases Closed
. Habeas Corpus
Bivens
PTCA

21
11
8

10
0
3
11

4
7

3

0
Other
16
Lit Reports
Cases with Hearing
1
0
or Trials
Cases with settlements
0
0
or Awards
Tort Claim
0
0
Settlements

4

3
3
0
9

;. " •

6

1

l'

0

0

0

0

• ,"

.~;! ~. ~ ~~; ~'.<
.

('

SEP

."

.'

:~::

.

~..

OCT

NOV

DEC

,. -,- .
...

OrTlONAL PORN NO. 10

CREV.I-••'

3052

.010-".

·U.S. GPO. 1994-300-892/60199

2

SIGNIFICANT CASES
~~~~~~~~~~~~U-~~~

A-95-CA-113-SS (WD/TX) - Allegations of
stitutional violations arising from the disciplining of inmates during the
.... food strike and work stoppage at FeI, Bastrop, in July, 1994.

New v. Brake - SA-95-CA-0125 (WD/TX) - The well-known preoperative transsexual returns to the federal forum to allege constitutional to press
allegations that officials of the Bureau of prisons, u.s. Probation Office,
and the federal judge who sentenced the plaintiff have violated his
constitutional rights by characterizing him in' his PSI report as a
homosexual, as well as other purported allegations.
Johnson v. u.s., et ale - 4-95-CV-268-A (ND/TX) - Involves a challenge to the
notification procedures of the Crime Control Bill. Plaintiff's request for
a TRO has been dismissed, but Judge McBride has "invited" the Government to
respond to Plaintiff's request for a permanent injunction.
UPCOMING TRl:AL

In Spanjol v. U.S., a wrongful death FTCA suit filed in the Eastern District
of Texas, we have tentatively scheduled the deposition of the plaintiff (wife
of the deceased inmate) for May 19. We also have a case conference scheduled
for June 16.
(The Civil Reform Plan of Eastern District of Texas does not
exempt cases in which the government is a party, and we have produced, prior
to discovery, large amounts of documentation. The case conference is also
provided for in the Reform Plan).

~VBL
.... Michael Hood - May 23-26 - TUcson, Arizona
scott Bomson - May 16-17 - Oklahoma City,' Oklahoma
May 23-26 - Tucson, Arizona
Linda Nutt - May 22-26 - El Paso, Texas

~
..
'

3053

.,.
•

rif -,-

t

BUREAU OF PRISONS -

~TE'
R'I- ..YTO

ATTN OF:

SUBJECT:

TO:

7'.f'i

SOUTH CENTRAL REGIO%NITED STATES GOVERNMENT

2, 199

*VcJ\Q .

ood,

Counsel

Monthly Report - May 1, 1995 - May 31, 1995
Wallace H. Cheney, Assistant
Central Office

ADKZNZSTRATZVB REMEDZBS

# Received
# Answered

JAB
56
59

FEB . MAR
64
79
56
74

APR
55
55

HAY

FEB
88
37
61
64

MAR

HAY

0

2

APR
137
52
58
108
0

FEB
233
25
25
233
0

HAll

APR
76
20
13

HAY

FEB
14
10
4
7

MAR

JON

JUL

AUG

SEP

OCT

NOV

DBC

JON

JUL

AUG

SEP

OCT

NOV

DEC

73
55

TORT CLAIMS

#
#
#
#
#

JAR
Pendinq
·129
Received
20
Answered
61
88
Pendinq
Over six Mon
3

~/PRlncy
",,_....

JAN
224
Received
30
Answered
24
Pendinq
233
Over 30 Days
0

# Pending
#

#
#
#

64
30
57
137

233
18
63
76
0

lOa
25
54
79
0

0

83
15
33
65
0

APR
10
2

HAY
9
1

83

JON

JUL

AUG

JUN

JUL

AUG

OCT

SEP

NOV

DEC

LITIGA'l'IOB
New Cases Recd
Cases Closed
Habeas Corpus
Bivens

JAR
21
11
8

10
0

10
7
4
3

2

6

5

3

3

3

3

Other
0
3
Lit Reports
16
11
Cases With Hearinq
or Trials
0
1
Cases With Settlements
or Awards
0
0
Tort Claim
settlements
0
0

0
9

0
6

0
0
5

1

1

0

0

0

0

0

0

0

FTCA

SEP

OCT

NOV

r3036

OPTIONAL 'ORM NO. 10
(REV••••••
15010-...

DEC

.

,

'

2

CASES

- P-95-CA-027 (WD/TX) is is a Bivens lawsuit filed on behalf of a number of inmates by the Texas
_vil Rights project. The inmate plaintiffs were all housed in the Reeves
county Law Enforcement center (RCLEC) in 1993 on a contract basis. After a
disturbance, the inmates were removed to the Reeves County Jail, where they
allege they were beaten by deputies of the Reeves County Sheriff's
Department. The Complaint also alleges that Regional Director TUrnbo can be
held personally liable for failing to appropriately supervise and/or train
the employees of RCLEC and the Sheriff's Department. Administrative Tort
Claims were filed contemporaneously with the Complaint.
Diane Pitts v. Janet Reno. et a1. - 4-95-CV-065-A (ND/TX) - Court granted
leave to file an Amended Complaint. Additional affidavits and exhibits are
being prepared.
Mary Louise Carter Johnson v. United states of America. et a1. 4-95-CV-268-A (A) (ND/TX)
Challenge to notification of local ,law
enforcement prior to inmate's release according to the new Violent Crime
Control Act. Alleges ex post facto issues.
UPCOMXNG BEARXNG

Hernandez v. Reno - EP-93-CA-396-H (WD/TX) - EEO case in Western District of
Texas, currently scheduled for trial June 19. Allegations of discrimination
~ed on nationality (Hispanic) and age (44).
We have a summary judgment
'._ , :ion pending. In addition, we expect that a continuance will be granted as
, ....... _~ plaintiff is scheduled to undergo surgery the week of the trial.
.
~

3037

71;' II--

BUREAU OF PRISONS - SOUTH CENTRAL REGIO~NITED STATES GOVERNMENT

~

DATE:

:PLYTO
' .... ATTNOF:

une /30,

:i.

SUBJECT:

TO:

memorandum

19~

HOOd~nal

~~

ttael D.

"

Counsel

Monthly Report - June 1, 1995 - June 30, 1995
Wallace H. Cheney, Assistant Director/General Counsel
Central Office

ADMINISTRATIVE REMEDIES
JAN
56
59

FEB
64
56

MAR

JAN
129
# Pending
20
# Received
61
# Answered
88
# Pending
3
Over
Six
Mon
#

FEB
88
37
61
64
0

MAR

FEB
233
25
25
233
0

MAR

FEB
14
10
4
7
3
0
16

MAR

# Received'
# Answered

79
74

APR
55
55

KAY.

APR
137
52
58
108
0

HAY

73
55

JON
88
59

JUL

AUG

SEP

OCT

NOV

DEC

JON
79
26
29
76
0

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIMS

~Ol:/PRl:VACY
~

.... '

#
#
#
#
#

JAN

224
Pending
30
Received
24
Answered
233
Pending
0
Over 30 Days

64
30
57
137
2

233
18
63
76
0

108
25
54
79
0

APR HAY
83
76
20
15
13
33
83
65
0
0

JON JUL
65
36
37
64
0

AUG

SEP

OCT

APR
10
2
2

JON
18
6
12
1

AUG

SEP

NOV

DEC

LITIGATION

New Cases Recd
Cases Closed
Habeas Corpus
Bivens
FTCA

JAB
21
1i
8

10
0
3
11

Other
Lit Reports
Cases wi~h Hearing
0
1
or Trials
Cases with Settlements
0
0
or Awards
Tort Claim
0
0
Settlements

10
7
4
3
3

MAY
9

0
9

5
3
0

1
6
3
0
0

6

5

1
12

1

1

0

0

0

0

0

0

0

0

0

0

JUL

OCT

NOV

DEC

4

~
'"

3022

OPTIONAL FORM NO. 10
(REV.l.aG)
GSA FPMR (.41 CFR) 101-1 I.e
501~'1''

• u.s.

GPO, 1992-312-071/50046

2

UPCOMING TRIALS

~rner
r'~eek

v. Wooten - EP-93-CA-172-F (WD/TX)
of July 31, 1995, in El Paso, Texas.

- currently scheduled for trial

Arturo Hernandez v. united states - EP-93-CA-396 (WD/TX) - Trial date
has been set for October 10, 1995.

3023

,
. ~"'7/'U:BUREAU OF PRISONS - SOUTH CENTRAL REGION UNITED STATES GOVERNMENT

",

~

DATE,

e''(/{

, ..•• EPLYTO
A'rTNOF:

SUBJECT:

TO:

K)

memorandum

/J

AUf1;t 3, 1995

~~"-../

Michael D. Hood, Regional Counsel
Monthly Report - July 1, 1995 - July 31, 1995
Wallace H. Cheney, Assistant Director/General Counsel
Central Office

ADMINISTRATIVE REMEDIES
JAN
56
59

FEB
64
56

MAR

JAN

~EB

MAR

129
Pending
20
Received
61
Answered
88
Pending
3
~er Six Mon

88
.37
61
64
0

64
30
57
137
2

JAN

FEB

224
Pending
30
Received
24
Answered
233
Pending
0
Over 30 Days

JON
88
59

JUL
103
74

AUG

SEP

OCT

NOV

DEC

JON
79
26
29
76

SEP

OCT

NOV

DEC

0

0

0

JUL
76
29
24
52
0

AUG

108
25
54
79

MAR

APR

MAY

JUH

JOL

AUG

SEP

OCT

NOV

DEC

233
25
25
233

233
18
63
76

76
.20
13
83

65
36
37
64

64
33
28

0

0

0

83
15
33
65
0

0

0

FEB

MAR

APR

SEP

OCT

NOV

DBC

10

7
4
3

2
2
5

1
6
3

18
6'
12
1

JOL
21

AUG

10

MAY
9

JUlf

14
_New Cases Recd 21
10
11
Cases Closed
8
4
Habeas Corpus
10
7
Bivens
0
3
FTCA
3
0
Other
16
11
Lit Reports
Cases With Hearing
0
1
or Trials
Cases with Settlements
0
0
or Awards
Tort Claim

3

3

0

4

0
9

0
6

0

5

1
12

5
2
2
12

1

1

a

0

2

0

0

0

0

0

0

0

0

0

0

- # Received
# Answered

79
74

APR
55
55

MAY

APR
137
52
58
108

MAY

73
55

TORT CLAIMS

#
#
#
#

'.....

#
#
#
#
#

/PRIVACY

36

LITIGATION
JAN

1

~ettlements

0

a

2994

5

12

OPTIONAL FORM NO. 10
~REV. '-80)
GSA FPMR (.1 CFR) 101-11.1
!01O-U"
~

':. ~, ':;,::1

1992-312-071/S0046

2

~GNIFlCANT

CASES

Armstrong v. Attorney General - 3:95-CV-1329-G (ND/TX) - This is an EEO
suit filed by a former Seagoville employee, alleging racial discrimination.
Avala, et a1. v. Reeves County Sheriff, et al. - P-95-CA-29 (WD/TX) - This
Bivens suit alleging supervisory liability against Director Turnbo for
actions of contract prison facility, was filed in May, 1995. We have
submitted a litigation report, and expect a motion to dismiss to be filed
shortly.
pitts v. Janet Reno, et a1. - 4-95-CV-065-A (ND/TX) - Order and Final
Judgment were entered on July 6, 1995. Evidence showed that plaintiff was
not denied access to law books.
Johnson v. united states of America. et a1. - 4-95-CV-268-A (ND/TX) - This
case challenges notification of local law enforcement prior to inmate's
release according to the new Violent crime Control Act.
Joseph Okonofua v. USA. et ale - CV-95-2089 (ED/NY) - Bivens/Tort; named
two individual defendants and USA; alleging BOP lost personal prope~ty upon
his transfer from otisville to Fort Worth.
Samuel John Major Davis, Jr. v. Warden - 4:95-CV-507-Y (ND/TX) - Habeas;
alleging BOP have improperly used detainer placed by INS' to negatively
~pact his security/custody, challenges the propriety. of the detainer.
\ .... ~mos v. u.s. - EP-94--432 - Plaintiff claims that she was wheeling her
handicapped daughter toward the visiting room and a result of clumps of
dried concrete on the walkway, her daughter's wheelchair got stuck throwing
her daughter forward and causing her serious injuries. Plaintiff claims
that at the time of the incident, there were not appropriate handicap
facilities at FPC, La Tuna.
UPCOMING HEARINGS OR TRXALS
Ransom·v. U.S. - 92-0971 CWO/LA) - This FTCA suit, in which the inmate is
seeking approximately $900 in damages, is scheduled for trial in September,
1995.
Spaniol v. U.s. - 4:94-CV-237 (ED/TX) - This FTCA suit is set for a case
management conference on August 11. We will be deposing the plaintiff
(wife of deceased former inmate) on August s.
MEDICAL MALPRACTICE LITIGATION

Thomas Arthur cicalese v. David Haas, et ale - 4:95-CV-463-A (ND/TX) alleging defendants were deliberately indifferent to his medical
~dS' i.e., failure to properly treat his psoriasis.
~ens,

2995

-.

'..

.,

•
(

..

BUREAU OF PRISONS - SOUTH CENTRAL REGION

0--

_u

UNITED STATES GOVERNMENT

DATE.
·REPLY'TO
ATTN OF':

SUB.JECT:

TO:

~t::::.
".
HOOd,~ional
1

ael D.

memorandum
Counsel

,r:p 51995

Monthly Report - August 1, 1995'- August 31, 1995

\J~

Wallace H. Cheney, Assistant Director/General Counsel
Central Office
Attention:

Nancy Redding, Executive Assistant

ADMINISTRATIVE REMEDIES
JAN
56
59

FEB
64
56

MAR

JAN
129
# Pending
20
I Received
61
# Answered
88
# Pending
3
'lover six Mon

FEB
88
37
61
64
0

MAR

JAN
224
Pending
30
Received
Answered
24
233
Pending
0
Over 30 Days

JUN
88
59

JUL
103
74

AUG
53
99

SEP

OCT

NOV

DEC

JUL
76
29
24
52
0

AUG
52
36
36
52

SEP

OCT

NOV

DEC

108
25
54
'79
0

JUN
79
26
29
76
0

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

233
18
63
76
0

76
20
13
83
0

83
15
33
65
0

65
36
37
64
0

64
31
32
63
0

63
18
8
73
0

MAR

APR
10
2
2
5
3
0
6

MAY

JON
18
6
12
1

JUL
21
5
12

AUG
18
7
8

SEP

OCT

NOV

DEC

5

6

4

2
2
12

2
2
11

APR
55
55

MAY

MAY

64
30
57
137
2

APR
137
52
58
108
0

FEB

MAR

233
25
25
233
0

JAN FEB
14
New Cases Recd 21
10
Cases Closed . 11
4
Habeas Corpus
8
7
10
Biven~
0
3
FTCA
0
3
Other
16
11
Lit Reports
Cases with Hearing
0
1
or Trials
Cases with Settlements
0
0
or Awards
Tort Claim

# Received
# Answered

79
74

73
55

TORT CLAIMS

(

0

:I/PIUVACY

#
#
#
#
#

LITIGATION

, gettlements

0

0

10
7
4
3

3
0
9
1
0

0

1
0
0

9
1
6
3
0
0
5
0
0
0

1
12
0
0

0

2
0
0

1
0
0

....

r

--- ....

1~ .~...;

Il... :S

.. .......
,

......
...

'."

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I
\

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1.-. .O',::

!

.

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(,

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... ~: ...

,::~

'_1

., ....

·-·.-.·OPr"ON~FeRM-NO.10·

(REV. 1-80)

2956

GSA FPMR (41 CFR) 101-11 ••

5010-114

-u.S.

CPO. !992-312-071/50046

,

..

~GNIFICANT

2

CASES

et al.
(, ~Ckson.
)county, Texas -

v. Bush. et al. - Cause No. 9503273, District of Travis
Case filed in st a te court by Texas state inmates, alleging
that TDCJ new non-smoking policy violates 8th Amendment.. Plaintiffs
attempt to bring the Attorney General and DOJ into the case by alleging
that they have failed in their oversight duties as allegedly imposed by the
decrees in Ruiz v. Estelle.

L.J. a nd Maylene Carter v. U.S. - LR-C-95-407 (ED/AR) - Plaintiffs have
filed an FTCA suit, attempting to recover sUbsistence payments collected
while they were serving their sentences in halfway house, allegedly in
violation of J ~ C Order . A litigation report has been provided to the
U.S. Attorney's office, and we are awaiting a copy of the motion to dismiss
or for summary judgment.
Todd v. Hawk - Appeal No. 94-10742 (5th cir.) - This Fifth Circuit case
arises out of a decision in the Northern District of Texas, granting
qualified immunity to a number of Bivens defendants.
In light of the
5th Circuit's recent decision in Schultea v . wood, 5th Circuit has ordered
that case be remanded to trial court to allow plai
another chance to
overcome the qualified
defense;
y;~

Tran v. Hawk - 4:94-CV-809-A (ND/TX) - This Bivens case was dismissed by
. ·Judge McBryde, after the court-appointed "expert witness" concluded (in a
~port we were not allowed to see) that there was no evidence to support
{ ~e claim. The plaintiff has appealed to the Fifth Circuit, and our reply
..... brief has been filed.
Ransom v. U.S. - C.A. No. 92-0971, (WD/LA) - This FTCA case is scheduled
for trial the week of September 25. As of August 30, we agreed with. the
U.S. Attorney's office to settle this case for approximate·l y $800.00, which
will be paid by the U.S. Attorneys office to a university of plaintiff's
choice, as tuition for a graduate level course.
Edigin. et al. v. Reeves County. Texas. at al. - P-95-CA-45, (WD/TX) - This
new FTCA suit alleges negligence on the part of both the U.S. and Reeves
county Texas in operation of the Reeves county Law Enforcement Center, a
contract facility in Pecos, Texas. Plaintiffs allege that they were .beaten
by other inmates in a racial incident, and that staff were aware of racial
problems in the institution but failed to take appropriate action to
prevent injuries. We believe that we have a good statute of limitations
argument, in that the alleged assaults occurred in July 1993, and although
plaintiffs allege that they filed FTCA claims with the BOP, neither Central
Office nor the SCRO have any evidence that such claims were ever filed.
Wali Muhammed v. united States - 5:95-CV-38 (ED/TX) - Plaintiff alleges
deliberate indifference to his medical condition while at FCI, Texarkana
and inappropriate job assignment which plaintiff alleges was inconsistent
' th his physical condition.
Plaintiff also contends that he was exposed
asbestos while at FCI, Te x arkana in violation of his Eighth Amendment

(•
2957

...

•

r

3

otected rights against cruel and unusual punishment.
In his original .
mplaint, plaintiff contends that his right to practice religion was
: iolated based ~n staff member's refu~al to give plaint~ff a picture taken
at the institutl.on as part of the Natl.on of Islam's Savl.ours Day
Celebration. Plaintiff alleges that the Warden ordered the staff member to
release the picture and that the staff member knowing that plaintiff had a
climbing restriction refused to release the picture unless plaintiff
climbed two flights of stairs to his office to get it. Plaintiff alleges
this action violated the American with Disabilities Act.
.

~
.

Courteney K. Thomas v. Reno - 1:94-CV-094-C (WD/TX) - EEO case in which
employee claimed she was fired in retaliation for her allegations of sexual
harassment and rape by another BOP employee. Employee was fired because of
her failure to pass the firearms portion of the Glynco training. Our
motion for summary judgment was granted on August 25, 1995.
UPCOMING HEARINGS OR TRIALS

arGil5~PUSA - SA-94-CA-0335 (WD/TX) - FTCA action alleging negligent failure
to protect, as well as negligent failure to provide medical attention
subsequent to inmate-on-inmate attack, ~~~efiedUl~~o.~~••~~~~an
.~lt_8i.~f!f~.~;!~~~l
SIGNIFICANT TORT CLAIM

~mate John E. Clark, Reg. No. 09108-058, has submitted a tort claim

(

"~

...

~leging that he has been exposed to asbestos and lead based paint.

"

'

Mr. Clark states that while he was incarcerated at FCI, Seagoville he was

housed in Building 9 and each morning upon awaking he discovered that his
body was "covered with asbestos dust and chips that constantly fell from
the ceiling as well as flakes of lead based paint ••• " A review of SENTRY
admission and release entries revealed that Mr. Clark was housed at FCl,
Seagoville from October 1992 through January 1993. He alleges that he was
diagnosed with cancer on June 9, 1994, at which time he was incarcerated at
Seymour Johnson.
Mr. Clark, who is 38 years of age, claims that he now has cancer and his
life expectancy is one to four years. He claims personal injury damages in
the sum of three million dollars.

(-".

2958

BUREAU OF PRISONS -

•

DATE:

r'LYTO
,

"TTNOF:

SUB.JECT:

TO:

octob~

Lt.··1
~()
Micha~l

SOUTH CENTRAL

~~ITED 51

~ '~i:

..

memor~ ~~~~-"

3, 1995---/

~~

:,..;'

D. Hood, Regional Counsel

Monthly Report - september 1, 1995

September 30, 1995

Wallace H. Cheney, Assistant Director/General Counsel
Central Office
Attention:

Nancy Redding, Executive Assistant

. ADMINISTRATIVE REMEDIES

# Received
# Answered

JAN
56
59

FEB

JAN
129
20
61
88

FEB
88
37
61

64

56

MAR
79
74

APR
55
55

MAY

JUN
88
59

JUL
103
74

AUG

73
55

MAR
64

APR
137
52
58
108

MAY'

JON

JUL

108

79

76

SEP
63

OCT

NOV

DEC

AUG SEP
52
52
36
48
36
35
52 *158

OCT

NOV

DEC

o

o

JUL

AUG

SEP

OCT

NOV

DEC

64

63
18

73
31
20
84

53
99

50

TORT CLAIMS

# Pending
# Received
# Answered
# Pending

o

JAN

FEB

224
Pending
30
Received
24
Answered
233
Pending
o
Over 30 Days

233

~OI/PRIVACY
#
#
#
#
#

64

3

# Over six Mon

30
57
137
2

o

25

26

29

54

29

79
0'

76

24
52

o

APR

MAY

JON

233
18

76

83
15

25

63

33

233

76

13
83

65
36
37

65

64

'25

o

o

20

o

o

o

o

31
32
63

o

8

73

o

o

LITIGATION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
18
9
21
18
10
10
18
New Cases Reed 21
14
6
1
5
7
10
Cases Closed
11
10
7
2
12
8
12
8
6
4
2
Habeas Corpus
8
4
5'
3
1
6
3
4
Bivens
10
7
5
4
o
2
2
3
3
FTCA
0
3
3
o
2
o
o
1
2
3
Other
3
0
5
12
12
9
11
Lit Reports
11
16
6
9
Cases with Hearing
.0
o
2
or Trials
1
0
1
1
1
o
Cases With settlements
o
o
o
o
or Awards
0
0
o
o
2
Tort Claim
Settlements
0
0
o
0
0
0
0
0
0
LOG
AND
ACCURATE
COUNT
OF
FILES
INDICATE
THE NUMBER
~ECONCILIATION OP TORT
INCORRECT.
~tEVIOUSLY RECORDED WAS

2940

OPTIONAL FORM NO. 10
(REV.I-aD)
GSA FPMR (., CFR) '0'·1' ••

lSO'' ' ' '

o U.S. GPO. \993-342-199/60133

~

2

SIGNIFICANT CASES

(·~anley
J. Kaster. M.D. v. Janet Reno. et al. - 4-95CV-635-Y, (ND/TX)
This action was instituted by Stanley J. Kaster, M.D., a former

-

~

psychiatrist at the Federal Medical Center, Carswell (FMC, Carswell). The
plaintiff seeks damages under the Federal Torts Claims Act (FTCA) under
28 U.S.C. 1346(b), 5 U.S.C. 702, and 5 U.S.C. 5596. The basis of his
complaint is that the named defendants breached a verbal employment
contract with him relating to on-call responsibilities. He states that his
termination constitutes a legal wrong because it was based on his
notification to the administration of "dangerous conditions" and his
seeking correction •
.Herman Pleasant v. Mr. Woods. et a1. improper medical treatment for injured
damages in the amount of $500,000 from
remaining defendants; punitive damages
each defendant and any other relief as
doubtful case will proceed.

B-94-225, (SD/TX) - Alleging
finger. Seeking compensatory
Warden Woods and $200,000 from the
in the amount of $1,000,000 from
granted. Assistant u.s. Attorney is

Mary Louise Johnson v. u.s., et ale - 4-95-CV-268-A (ND/TX) - Lawsuit
challenged our policy on "Release of Notification of Violent Offenders" as
violative of ex post facto clause. Case was dismissed on September 12, for
lack of ripeness, as the plaintiff is not due for release until the next
century. The decision did not address whether this portion of the VCCLEA
of 1994 violates the ex post facto clause.
- 1:94-CV-094-C (WD/TX) - This EEO case out
Big Spring was scheduled for trial September 5. Summary judgment has
en entered in our favor, but plaintiff's attorney has stated she will
appeal the decision.
New v. U.S. - SA-94-CA-0335 (WD/TX) - This FTCA suit involved allegations
.by a preoperative transsexual inmate that staff at FPC, La Tuna failed to
adequately protect him, and that he was assaulted by another inmate.
Plaintiff also alleged medical malpractice. Trial was held on
September 12. At the close of plaintiff's evidence, and before we put on
any evidence, the Magistrate Judge entered judgment in our favor.
Gaither v. Reno - This EEO case was tried in Abilene the week of
September 5. The case was handled by the North Central Regional office, as
the allegations of discrimination stemmed from FCl, Oxford. Assistant
Regional Counsel Dan Eckhart (NeRO) second-chaired the case, at which
Regional Directors Turnbo and Ingram testified. The case was taken under
advisement, and judgment subsequently entered in favor of the U.S.A.
Carol McLemore v. A.F.G.E. Local 171. et ale - No. CJ-95-6529-63. This· is
a defamation suit, filed in state court in Oklahoma, alleging that a number
of union officers at FCI EI Reno defamed the plaintiff by repeating
all~gations that she had sexually harassed a male staff member.
We have
been in contact with the U.S. Attorney's office, and the Torts Branch,
discussing possible representation, certification, and removal.

(~

2941

3

SETTLEMENT
~~~~~~~~~~~~~~~~~~~~,.4:95-CV-641-A

(ND/TX) - This case
involved an inmate tort claim for $38.00 which was dismissed with prejudice
on September 8, ~995, upon verbal agreement of the inmate with the Judge.
The Education Department bought items valued at $38.50 for the Plaintiff on
the agreement she would dismiss the case.

Ransom v. U.S. - 92-0971 (WD/LA) - This FTCA suit was settled for
approximately $800. Plaintiff had filed suit several years ago, alleging
that staff failed to assist him in either taking his correspondence course
.final exam, or obtaining an extension on the exam whe he was laced in
administrative detention

2~2