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Fbop Scr Monthly Reports 1996oct-dec

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u.s. Department of Justice
Federal Bureau of Prisons
Dallas, Texas 75219

South Central Regional Office

November 5, 1996

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - October,

~;1996

ADMINISTRATIVE REMEDIES
JAN

ived

97
70

FEB
71
116

MAR

52
87

APR
72
32

MAY
68
71

JON

73
44

JUL
89
116

AUG
87
76

SEP
75
58

OCT
83
101

NOV

DEC

AUG SEP
147* 156
39
57
30
47
156 166
0
0

OCT NOV
166
45
62
150*
0

DEC

SEP
176
40
62
154
114

OCT
154
49
27
176
127

NOV

DEC

SEP

OCT

NOV

DEC

TORT CLAIMS
JAN

186
60
36
# Answered
210
Pending
#
0
# Over Six Mon
TO
TORT
* ADJUSTED

FEB MAR APR MAY JON JUL
210 199 199 173 148 147
52
44
71
48
64
50
55
52
97
73* 65* 51
199 199 173 148* 147* 146
2
1
1
0
1
1
DATA BASE FOR OCTOBER 1996

FOI/PRIVACY
FEB MAR
Pending
145 142 137
Received
23
36
42
Answered
26
41
18
Pending
142 137 161
Over 30 Days
0
95 142
ADJUSTED FOR PHYSICAL COUNT
JAN

#
#
#
#
#
*

APR
161
55
28
162
126

MAY
162
31
16
177
146

177 184
37
43
29
63
184* 164
148 121

AUG
164
40
28
176
136

MAR. APR

MAY

JON

JUL

AUG

JON

JUL

IGATION
JAN

FEB

2

New Cases Reed
ses Closed
s Corpus
FTCA
Other
Lit Reports

17
8
7
7
3
0
12

21
4
14
5
0
2
27

Cases With Hearing
0
1
or Trials
Cases With Settlements
1
0
or Awards
Tort Claim
0
0
Settlements

23
7
13
8

0
16

16
5
10
6
0
1
10

12
14
5
4
2
1
9

0

3

2

4

1

2

0

0

0

0

1

0

0

0

9
3
4
4
0
1
10

18
8
10
5
2
1
9

19
1
8
7
4
0
7

14
4
8
4

0
15

11
7
6
4
1
0
8

0

1

1

1

1

0

0

0

0

0

2

2

SIGNIFICANT CASES
Veteto v. Ralph, 92-1139-A (WO/OK)
Case arising out of EI Reno resurfaced; District court decides
that case has merit after four years dormancy.
Key issue is
proper service of process to all named defendants where
defendants are now all in various locations throughout the
Bureau, and some have resigned.

CASE WITH SETTLEMENT OR AWARD
None

CASE WITH HEARING OR TRIAL
Glenn H. Zacher v. Kathleen Hawk. et al., C.A. No. 96-405
A Spears hearing was conducted on October 8, 1996.
dismissed.

Case

L.J. and Maylene Carter v. USA, C.A. No. LR-C-95-407 (ED/AR)

3
A hearing was held on October 23, in Little Rock, Arkansas.
This is the case in which we assessed subsistence fees against
2 defendants who were direct court commitments to the CCC,
despite the fact that the J&C imposed a fine, and contained the
standard language "This fine includes cost of incarceration
and/or supervision." The hearing went surprisingly well, but
we are in the process of supplementing the record (the ·Judge
asked for additional documentation) and no ruling has been
issued yet.

u.s.

v. Joseph Clinton Weinmunson, III, CR. No. 96-10008-01

(WD/LA)

A hearing was held on October 29, in Shreveport, Louisiana.
This criminal case involved Sentencing Guidelines issues, and
the Judge's desire that the defendant serve his term of
imprisonment in a CCC. Because of the nature of the

defendant's offense (possession of child pornography), we did
not follow the Judge's "recommendation" for halfway house
placement. Other issues (e.g., a claim by the USPO that we had
"promised n to place this inmate in a CCC) were also involved.
At the hearing, the Judge resentenced the defendant to
probation with a condition of one year CCC placement.
Whitney Broach v. Christopher M. Zepher, et al.,
C.A. No. H-96-14S0 (SD/TX)
An emergency telephone hearing was conducted on October 11, as

a result of petitioner's emergency petition, asking that the
Bureau of Prisons not release her. Ms. Broach claimed that she
was in need of surgery for removal of leaking breast implants
(true), and that the Bureau of Prisons had an obligation to pay
for her surgery.
Thus, she sought an order that she be kept in
custody so that the surgery could be performed at the
government's expense. The Community Corrections Office in
Houston was instrumental in gathering information on extremely
short notice (approximately 24 hours lead time), whereby we
.proved to the judge that Ms. Broach had been offered the
surgery in the past by the BOP, but refused those offers. The
emergency petition was denied.

UPCOMING HEARING OR TRIAL

4

Fuller v. Martyn, et al., C-95-603

(SD/TX)

Spears hearing has been remanded to Magistrate Judge.
date unknown at this time.

Hearing

Vallier v. Harris, et al., A-93-CA-41 (WD/TX)
A Bivens action for cruel and unusual punishment in connection
with a heart attack, is scheduled for trial in Austin on
November 12, 1996. Docket Call is scheduled for November 8,
1996. Oddly, there has been no scheduling order.
The case
will be tried with a jury before a magistrate.
The crux of the
case is fairly simple. The plaintiff claims that Dr. Harris
informed him that he had suffered a heart attack, and that he
should take Motrin.
Dr. Harris denies making such a statement.
Dr. Dieck, the treating physician at the hospital to which the
plaintiff was subsequently taken, who is also the plaintiff's
expert witness, has stated in his deposition that in his
opinion, there was no deliberate indifference to the serious
medical needs of the plaintiff. with respect to the other two
defendants, both PAs, the plaintiff's attorney admits there is
no case against them, and that the plaintiff will probably
voluntarily dismiss the suit as against them.
Banks v. Gibson, et al., A-95-CA-292JN (WD/TX)
A Bivens action, is scheduled for pre-trial conference on
December 9, 1996, for a bench trial before a magistrate that

same week in Austin.
There is no evidence that the slip-andfallon a wet floor in the unit, which the plaintiff alleges
resulted in damage to his back, ever occurred. The plaintiff
claims that two correctional officers on duty were aware the
floor was wet and violated the plaintiff's Eighth Amendment
rights by failing to ensure it was remedied.
The officers
claim to have been unaware of the condition of the floor.
Other than the plaintiff, there are no witnesses to testify as
to the condition of the floor.
A number of staff members will
testify that they saw the plaintiff play vigorous contact
sports such as basketball and football for a long time after
his alleged accident.
Grigsby V. DOJ, 94-1293
Mediation Conference

(WD/LA)

has been temporarily postponed due to an

5
illness of Mr. Grigsby's attorney.
reschedule.

Counsel are attempting to

MEDICAL MALPRACTICE
Torts:
Inmate Richard Burt, Reg. No. 02403-095, of FCI Texarkana,
requests $600,000.00 for personal injury for alleged medical
indifference. He claims medical staff failed to treat him for
ulcers resulting in emergency surgery for an ulcer perforation.
He claims he is not treated for severe arthritis or a skin
disorder.
Investigation is pending.
(T-SCR-96-352)

CRIMINAL MATTERS/PROSECUTIONS
FCI, TEXARKANA
Two incidents were referred to the
prosecution.

u.s.

Attorney's office for

On October 16, 1996, four balloons containing mar~Juana were
confiscated from inmate Martin Jackson, Reg. No. 07953-055.
The FBI was contacted on October 17, 1996, and declined
prosecution. This matter will be re-presented to the FBI and
if necessary to the u.s. Attorney's office.
On October 17, 1996, inmate Ramirez, Reg. No. 27688-077, was
assaulted by inmate Hernandez, Reg. No. 72163-079, at the
satellite camp.
Inmate Hernandez struck inmate Ramirez with a
combination lock and a clothes iron. The assault was reported
to the FBI on October 21, 1996. The FBI declined prosecution.
FPC, BRYAN
We expect the AUSA (Gerald Doyle, SD/TX-Houston) to decline
prosecution in the Vincent Rosas case. Mr. Doyle cites the.

lack of credible and forthcoming witness testimony as the basis
for not prosecuting.
No change in the Schielack case.
for December 6th.

Sentencing is still scheduled

6

Additional interviews are taking place in the Mota case by OIG
agents. We still have no indi cat ion as to whether prosecution
will be pursued in this matter.
FCI, THREE RIVERS
The main witness in the Garcia-Chavez homicide has testified
before the grand jury. The U.S. Attorney's office is reviewing
the case for pres entat ion of an indictment to the grand jury.
FCI, EL RENO
Ramos-Juarez, Raul, Reg. No. 56817-079, Possession
FBI accepted.

of Weapon,

Muniz, Edwardo, Reg. No . 69237-080, Possess ion of Weapon, FBI
accepted.
Watts, Christopher, Reg. No. 25 757-077, Assault on Inmate, FBI
declined - no staff witnesses.
Hilliard, Rocky , Reg . No. 12401-076, Possession of Narcotics,
FBI investigating.
Erving, Anthony, Reg. No. 18804-016, Assault on Inmate, FBI
accepted.

SIGNIFICANT TORT CLAIMS
None

TORT CLAIM SETTLEMENT
None

SIGNIFICANT ADMINISTRATIVE REMEDIES
None

SITUATIONS OF INTEREST

7

FCC BEAUMONT
On October 2 , 1996 , Regional Counsel, Deputy Regional Counsel,
and Supervisory Attorney met with U.S. Attorney and Magistrate
Judge Hines regarding potential legal issues at FCC Beaumont.
On October 9, 1996, Supervisory Attorney met with Magistrate
Judge Radford regarding legal issues at FCC Beaumont.
On October 15, 1996, we were notified by OGC that the request
for concurrent jurisdiction for FCC Beaumont was signed by
Assistant Attorney General and forwarded to Texas Governor.
FTC OKLAHOMA
On October 7 , 1996 , Harry T. Edwards, Chief Judge , U.S. Court
of Appeals, District of Columbia toured the facility with
Brooks Howard, U.S. Marshals Service.
On October 15, 1996, Correctional Officers Dahl Hendrickson and
Frederick Russell, along with former Lieutenant Rosa Howard
(now Captain at FCI Taft) appeared before the Grand Jury in the
Western District of Oklahoma regarding the Trentadue issue.
FCI BASTROP
Gave a tour to four Assistant U.S. Attorneys all prosecutors,
from Houston.

PERSONAL ISSUES
Mike Hood

November 19-20
November 29

FCI Three Rivers
Annual Leave

Scott Bomson

November 12

Annual Leave

Marsha Foulks

November 12

Austin , Texas

Linda Nutt

November 29

Annual Leave

Lesa Pamplin-Scott -

November 12

Annual Leave

Karen Summers

November 15
November 18,19

Annual Leave
Admin. Leave

'.

8

Patsy Davis

November 8, 29

Paul Layer

November 22
November 27,29

Annual Leave
"ROPES" Training
Orange, Texas
Annual Leave

Mike Flagor

November 8, 29

Annual Leave

An Tran

November 4-22
November 29

Acting Executive
Assistant
Annual Leave

November 25-29

Annual Leave

Jeanne Whitecotton-

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
December 5, 1996

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - November, 1996.

INISTRATIVE REMEDIES

# Received
# Answered

JAN
97
70

FEB
71
116

MAR
52
87

APR
72
32

MAY
68
71

JUN

73
44

JUL
89
116

AUG
87
76

SEP
75
58

OCT
83
101

NOV
81
72

DEC

TORT CLAIMS

#
#
#
#
#
*

JAN FEB MAR APR MAY JUN JUL
Pending
186 210 199 199 173 148 147
Received
60
44
52
71
48
64
50
Answered
36
55
52
97
73* 65* 51
Pending
210 199 199 173 148* 147* 146
Over Six Mon
0
2
1
1
1
0
1
ADJUSTED TO TORT DATA BASE FOR NOVEMBER 1996

AUG SEP
147* 156
39
57
30
47
156 166
0
0

OCT NOV DEC
166 150
45
43
62
50
150* 141*
0
0

AUG
164
40
28
176
136

OCT
154
49
27
176
127

FOI/PRIVACY

#
#
#
#

JAN
Pending
145
Received
23
Answered
26
Pending
142
r 30 Days
0

FEB
142
36
41
137
95

MAR

137
42
18
161
142

APR
161
55
28
162
126

MAY
162
31
16
177
146

JON

JUL

177 184
37
43
29
63
184* 164
148 121

SEP
176
40
62
154
114

NOV
176
32
56
152
120

DEC

2
FOR PHYSICAL COUNT
LITIGATION

7
6
4

MAY
9
3
4
4

JUN
18
8
10
5

JUL
19
1
8
7

AUG
14
4
8
4

SEP
16
5
10
6

OCT
12
14
5
4

NOV
21
9
16
2

2
0
15

1
0
8

0
1
10

2
1
9

4
0
7

2
0
16

0
1
10

2
1
9

1
2
9

0

1

1

1

0

3

2

4

1

1

0

0

1

2

0

0

0

2

0

0

0

0

1

0

0

0

0

FEB
21
4
14
5

MAR
23
7
13
8

APR

0
3
FTCA
0
2
Other
12
27
Lit Reports
Cases With Hearing
1
0
or Trials
Cases With Settlements
1
0
or Awards
Tort Claim
0
0
Settlements

JAN
New Cases Reed 17
8
Cases Closed
7
Habeas Corpus
7
Bivens

11

DEC

SIGNIFICANT CASES
Stewart v. Ralph, EP-96 -CA-453F (WD/TX)
The case is interesting because it is based on a Hindu inmate's
complaint that the common fare meal plan violates hi s 8 th
Amendment rights because it cont ains items such as meat, fish,
poultry, eggs, onions and garlic that may not be offered before
God in prayer. The inmate also complains that he is not
a l lowed to remove offensive it ems fr om his tray for fear of
bei ng removed from the commo n fare meal plan.
Terise Ahr v. Federal Bureau of Prisons, 43932-272, District
Court of Brazos County, Texas
This is a case which has been filed in state court in regard to
the Bureau's alleged failure to comply with the terms of a
sett l e me nt ag r eement between Ms. Ahr, a former employee, and
the Bureau. We are working with the Assistant U.S. Attorney,
Robert Bernard, to have the case removed to Federal court.
Following the removal, we will r espond to the merits of the
case.

3

Loudermilk v. Franco, EP-96-423 - H
Received a favorable decision. The case involved early release
under 3621(e), and our decision not to place the inmate in a
halfway house for transitional services.

CASE WITH SETTLEMENT OR AWARD
Venegas v. Warden, 96-1359LC (WD!LA)
We received an adverse decision in this 3621(e)e case out of
the Western District of Louisiana, Lake Charles Division . The
court relied upon the reasoning of Downey, held that the
language of 3621(e) is not ambiguous (i.e., that the term
"crime of violence" has an accepted meaning and definition) ,
and that our interpretation "conflicts with the plain language

of the statute ." The court then went on to order that the
inmate get the one year reduction. Our motion for
reconsideration has been denied. U.S. Attorney's office is
recommending appeal.
Cardona-Sandoval v. Brush, No. 96-1583 (WD!LA)
We received an adverse decision on this habeas case.
The
offender was on parole, got picked up for committing a crime
while on parole, and received a sentence for that new crime.
The Parole Commission took a long time to file a parole
violator detainer, and the new conviction was subsequently
overturned. We gave the inmate credit against his parole
violator term for all days after the filing of the parole
detainer, but not any time prior to filing of the detainer.
The USPC asked us to nunc pro tunc the detainer back to the
date of inmate's arrest, but we couldn't because the detainer
wasn't in existence at the time. We asked the USPC to take the
inmate's "dead time" into account in imposing the violator
term, but they felt their regulations prohibited them from
doing that.
The judge has now ordered that the "dead time" be
credited to the parole violator term. Neither the Parole
Commission nor our office recommends appea l.
The inmate was
originally scheduled for release on November 25 , 1996. This
moves his release date up by about a week or 2.
Since he is
being turned over to INS for deportation back to Columbia , all

4
this does is move the deportation up by a week or so.

CASE WITH HEARING OR TRIAL
Vallier v. Harris. et al., No. A-93-CA-41 (WD/TX)
We prevailed on all claims in this Bivens case. The case,
involving allegations of deliberate indifference to medical
needs (failure to diagnose and/or treat a heart attack) was
handled by Martin Sweaney (FCI Bastrop) and Assistant u.s.
Attorney Harold Atkinson.
In addition, our Honors Attorney,
Marsha Foulks, attended the trial, (conducted November '12 and
13) and sat as 3d chair. After several hours of deliberation,
the 6 person jury ruled in favor of our staff members on all
claims. The inmate was represented by counsel.

UPCOMING HEARING OR TRIAL
Spanjol v. USA, 4:94-CV-237 (ND/TX), was postponed.
been rescheduled for March 10, 1997.

It has

MEDICAL MALPRACTICE
Torts:
Inmate Edward Funches, Reg. No. 37764-054, from FMC, Fort Worth
has filed a tort claim alleging that medical staff failed to
properly treat him for a decubitus ulcer and as a result he was
required to undergo a surgical procedure. He is seeking $1.5
million in damages.
(T-SCR-96-415)
Inmate Jose Reynoso-Olascoaga, Reg. No. 64714-079, from FeI,
Big Spring has filed a tort claim alleging that he did not
receive adequate treatment for a broken jaw.
Mr. Reynoso-Olascoaga alleges that on May 11, 1996, while he

5

was walking on the track a t FCI, Big Spring, he was struck with
a bat thrown from the adjacent softball field.
The inmate was
taken to a community hospital, but there was no dentist or ora l
surgeon available a nd the inmate was given a pain medication
and ice pack and sent back to the institution for the night.
The inmate was examined the next day in the institution
hospital, and the medical staff advised him that his jaw would
have to be wired closed. The inmate refused the procedure at
that time.
It is unknown if the procedure was later performed.
The inmate i s seek ing $10 million in damages.
(T-SCR-96-430)

LITIGATION:
Johnigan v. Trueblood, et al., No. 3:96-CV-2434-T
Plaintiff alleges medical staff misdiagnosed his broken foot
and he suffered severe pain as a result.

CRIMINAL MATTERS/PROSECUTIONS
FCI, TEXARKANA
One incident was referred to the U.S. Attorney's Office for
prosecution. On November 12, 1996, Inmates Cordona-Rodriguez,
Reg. No. 61017-079, and Morris Haughton, Reg. No. 50380-079,
became involved in a heated verbal argument in the Dining Hall .
Haughton then assaulted Cordona-Rodriguez by cutting him across
the forehead with a single edge razor blade.
Cordona-Rodriguez
received 32 sutures to close the wound.
The incident was
referred to the FBI on November 12, 1996. The incident is
being presented to the Grand Jury ' for possible prosecution.
FPC, BRYAN
Assistant U.S. Attorney Gerald Doyle, Southern District of
Texas-Houston, has declined prosecution in the Vincent Rosas
case. Mr. Doyle cites the lack of credible and forthcoming

witness testimony as the basis for not prosecuting.
issued a letter to Mr. Rosas proposing termination.
No change in the Schielack case.

We have

Sentencing is still scheduled

6

for December 6th.
Additional interviews are taking place in the Mota case by OIG
agents, who will be back in the institution during the week of
December 2nd. We still have no indication as to whether
prosecution will be pursued in this matter.

FCI, THREE RIVERS
The U.S. Attorney's Office is still reviewing the Garcia-Chavez
case for presentation of an indictment to the grand jury.
On November 13, 1996, UNICOR staff observed inmates Carlos
Dolores-Rodriguez, Reg. No. 33472-198, and Juan Alberto
Gonzales, Reg. No. 54431-080, in a verbal confrontation which
led to inmate Gonzalez attempting to strike inmate DoloresRodriguez with a screwdriver. Inmate Dolores-Rodriguez avoided
the blow and simultaneously struck inmate Gonzalez on the left
side of the neck with a utility knife causing a deep
laceration. Both inmates separated and dropped their weapons
when ordered to do so by staff.
Inmate Gonzales was airlifted
to a local hospital. He has been released from the hospital
and is recovering from his injury. Dolores-Rodriguez was
treated for a small abrasion to his left knee and placed in
administrative detention. The FBI was notified. The U.S.
Attorney's Office declined prosecution because the
circumstances did not warrant prosecution, as the inmate's
actions would be construed as self defense. The Warden concurs
with the decision to not prosecute the inmates. Both inmates
are pending disciplinary action and be recommended for
separation status.

FCI, EL RENO
Sells, Dennis, Reg. No. 06113-062, Camp Escape, USM
investigating.
Wilson, Antonio, Reg. No. 07191-062, Assault/Introduction of
Drugs, indicted.
Jones, James, Reg. No. 07148-062, Introduction of Drugs, FBI
indicted.
Luevano, Juan, Reg. No. 22720-077, Introduction of
Drugs/Assault, indicted. Hardwood, William, Reg. No. 03271063, Camp Escape, FBI accepted.

7

Harris, Jerry, Reg. No. 12187-064, Introduction of Drugs, FBI
declines due to small amount.

Perez, Virginio, Reg. No. 60665-080 , Camp Escape, USM
investigating.
Aerceo, Elido, Reg. No. 76999-080, Camp Escape, USM
investigating.
FMC, Fort Worth
The FBI has declined to prosecute Gutierrez, Paulo, Reg. No.
22336 -080 .
FMC, Carswell
Staff Chap lain may be indicted under 18 USC Section 2243(b),
Sexual Abuse of a Ward, and/or a misdemeanor regarding making
false statement during an official investigation.
FTC, Oklahoma
One matter of sexual assault was referred to the FBI, but the
matter was declined and referred to the Oklahoma City Police
Department instead.

SIGNIFICANT TORT CLAIMS
None

TORT CLAIM SETTLEMENT
None

SIGNIFICANT ADMINISTRATIVE REMEDIES
None

SITUATIONS OF INTEREST

8

FCI BASTROP
On November 14, Martin Sweaney played an integral role in a
tour of 17 high-ranking justice officials from 10 Spanishspeaking counties.
FCI, Three Rivers
Charles Wendlandt, Assistant U.S. Attorney, spent the day in
the institution interviewing staff concerning Fuller v. Martyn.
et al., C-95-603. He a lso toured the institution with
Paralegal Julie Gerardi.

FMC, Fort Worth
FMC, Fort Worth is scheduled to host the Sentencing Institute
on January 7, 1997.
Paralegals Carl Selogy and Linda DuBose
are actively involved on the Planning Committee. They
anticipate they will have 100 Federal Judges touring Fort Worth
and in interview groups with selected inmates.
FTC, Oklahoma City
During the week of December 9-13, 1996, the Executive Staff
will be in Oklahoma City for the Executive Staff Meeting.
Executive Staff will tour the facility on Wednesday,
December 11, 1996 .
FCI, Texarkana
Henry Alvardo, Inmate Systems Supervisor, was subpoenaed by the
United States Attorney, Northern District of Texas, to testify
in the United States of America v. Jeffery H. Reynolds. III,
Case Number 3:96-CR-271-P. Mr. Alvardo answered a telephone
notification that Jeffery Reynolds, Reg. No. 61306-080, failed
to report to a Community Corrections Center.

PERSONAL ISSUES
Annual Leave
Mike Hood

December 23-27

9
Of

Linda Nutt
Henry Castro
Patsy Davis
Paul Layer
Julie Gerordi
Linda DuBose
Carl Selogy
Mike Flagor
Jim Schluter

December
December
December
December
December
December
December
December
December

26 - January 3
23-24
30 - January 3
23 - January 3
5-6 and December 26-27
23 - December 31
26-27
23-27
19 - January 6

U.S. Department of Justice
Federal Bureau of Prisons
Dallas, Texas 75219

South Central Regional Office

January 6 , 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - December, 1996

ADMINISTRATIVE REMEDIES

# Received
# Answered

JAN
97
70

FEB
71
116

MAR
52
87

APR
72
32

MAY
68
71

JUN

73
44

JUL
89
116

AUG
87
76

SEP
75
58

OCT
83
101

NOV
81
72

DEC
60
81

TORT CLAIMS

#
#
#
#
#
*

Pending
Received
Answered
Pending
Over Six
ADJUSTED

JAN FEB MAR APR MAY JUN JUL
186 210 199 199 173 148 147
60
44
52
71
48
64
50
36
55
52
97
73* 65* 51
210 199 199 173 148* 147* 146
Mon
0
2
1
1
1
0
1
TO TORT DATA BASE FOR NOVEMBER 1996

AUG SEP
147* 156
57
39
47
30
156 166
0
0

OCT NOV DEC
166 150 141
45
43
38
62
50
28
150* 141* 151
0
0
0

FOI/PRIVACY
JAN
145
# Pending
23
26
142
# Over 30 Days
0

FEB
142
36
41
137
95

MAR
137
42
18
161
142

APR
161
55
28
162
126

MAY
162
31
16
177
146

JUL . AUG
177 184 164
37
43
40
29
63
28
184* 164 176
148 121 136
JUN

SEP
176
40
62
154
114

OCT
154
49
27
176
127

NOV
176
32
56
152
120

DEC
152
29
101
80
39

~

2
• ADJUSTED FOR PHYSICAL COUNT
LITIGATION
FEB
21
4
14
5

MAR
23
7
13
8

APR
11
7
6
4

MAY
9
3
4
4

JUN

3
0
FTCA
0
2
Other
12
27
Lit Reports
Cases With Hearing
0
1
or Trials
Cases With Settlements
1
0
or Awards
Tort Claim
0
0
Settlements

2
0
15

1
0
8

0

JAN
New Cases Recd 17
8
Cases Closed
7
Habeas Corpus
7
Bivens

18
8
10
5

JUL
19
1
8
7

AUG
14
4
8
4

SEP
16
5
10
6

OCT
12
14
5
4

NOV
21
9
16
2

DEC
21
9
18
2

0
1
10

2
1
9

4
0
7

2
0
16

0
1
10

2
1
9

1
2
9

0
1
13

1

1

1

0

3

2

4

1

2

1

0

0

1

2

0

0

0

2

0

0

0

0

0

1

0

0

0

0

0

SIGNIF ICANT CASES
Daas v. Scott. et al . , C.A. No. CV96 - 0724 (WD/LA)
Plaintiff is a detainee at FDC Oakdale. He has alleged that he
has been retaliated against (in the form o~ disciplinary action
and AD placement) for fi l ing lawsuits/grievances. The
Magistrate Judge has taken a particular interest in the case,
and a motion to dismiss has been filed , along with a "Report"
detailing the reasons for plaintiff's latest placement in AD .
William Pau l Shaver v. United States Bureau of Prisons. et al. ,
C.A. No. 4:96CV419 (ED/TX)
In this Habeas action, the inmate alleges he is improperly
incarcerated. He asserts that the petition for revocation of
supervised release was filed more than five months after the
supervision should have been terminated.
FMC Fort Worth has received 10 Habeas Corpus petitions
requesting deportation pursuant to the new INS procedure.

3

CASE WITH SETTLEMENT OR AWARD
None

CASE WITH HEARING OR TRIAL
Broach v. Zepher, et al., C.A. No. H-96-14S0

(SD/TX)

A Spears hearing was held December 30 on this case which was
originally filed as a habeas, but was "converted," at the
Court's behest, to a potential Bivens claim. The case involves
allegations regarding disciplinary action taken at a Houston
CCC, as well as failure to provide plaintiff with surgery for
removal of leaking breast implants. No ruling has been issued
yet, but we are extremely confident that the court will dismiss
the case as to the BOP defendant.

UPCOMING HEARING OR TRIAL
The Spaniol case was postponed.
March 10, 1997.

It has been rescheduled for

MEDICAL MALPRACTICE
None

CRIMINAL MATTERS/PROSECUTIONS
FPC, BRYAN
Ron Scheilack, former Materials Handler Supervisor, was
sentenced on December 6, 1996, to a five year term of
probation, 4 months home confinement, and fined $2,000.
He is
also prohibited from seeking employment with any Federal, state
or local law enforcement agency during the term of his
probation.
Vincent Rosas has been issued a proposal letter indicating he
will be terminated on December 27, '1996. He appeared and
provided a response to Warden Beasley regarding the proposal on
December 17, 1996. A letter regarding the ' final decision is in

4

the review process, and should be issued within the next few
days.
~ion

into allegations of sexual impropriety by
tIIIIIIIIIIIIIJ Physician Assistant, continues. OIA agents and
an AUSA from ~ain Justice (Civil Rights) will be in the
institution during the week of January 1997 to interview the
subject and others.

II1II

As an offshoot of the
case, all~al
impropriety have been raised against~
Correctional Officer. During an interview of an ~nmate
involved in the lllll case, a semen sample was provided by the
inmate who claimed ~t had been from Officer lllllll . OIG and
the FBI have confirmed that the sample is semen and have
apparently determined the blood type of the person who produced
the semen. During their visit in January 1997, a search
warrant will be executed in order to obtain a blood sample from
Officer tllllla ·
FTC, Oklahoma
Two incidents were reported to the FBI, one inmate assault on
inmate and one inmate assault on staff for spitting. The FBI
decided not to submit these matters to the u.s. Attorney's
Office for prosecution.

FCI. OAKDALE
Inmate Soeung Chhunn, Reg. No. 05755-041, stabbed inmate ·
Jonathan Lock, Reg. No. 10020-265, on the ~HU recreation yard
in November, 1996 . The investigation has been referred to the
FBI. The investigation should soon be completed and the case
forwarded to the u.s. Attorney's Office.
Inmate Donald Smith, Reg. No. 10043-078, walked away from the
camp. This camp inmate was on an "extended unapproved
furlough" in early December, 1996.
(He went to visit his wife
in Beaumont).
Initially referred to FBI because of possible
kidnaping; however, once that was disproved, the FBI backed out
of the picture. The institution then referred the complaint to
the u.s. Marshal's Service. The investigation should be

5

complete or very close to being completed .
forwarded to the u.s. Attorney's Office.

It will then be

FeI , TEXARKANA
On December 4, 1996, Inmate Morris Haughton, Reg. No. 50380079, was indicted. This incident was initially reported last
month . On November 12, 1996, Inmate Haughton assaulted Inmate
Cordova-Rodriguez, Reg. No. 61017-0 79, after a heated verbal
argument in the dining hall. Haughton cut Cordova-Rodriguez
with a single edge razor blade. Cordova-Rodriguez received 32
sutures to close the wound. The incident was referred to the
FBI on November 12, 1996.
FCI, THREE RIVERS
The u.s. Attorney's Office is awaiting the results of
additional forensic evidence to be released by the FBI in the
Garcia-Chavez homicide case for presentation of an indictment
to the grand jury.
Thomas Summerville, Reg. No. 01970-190, is pending prosecution
for phone/credit card fraud.
Inmate established an outside
contact whom was employed with a moving company. This
individual provided inmate with customer names, credit card and
social security numbers. The credit cards were used to order
various items which were delivered to the inmate's residence.
This activity occurred over a long period of time and involves
the FBI, CIA and several state agencies . The CIA is interested
in prosecution.

SIGNIFICANT TORT CLAIMS
MEDICAL
Inmate Eric LAWRENCE, Register Number 60517-080, filed an
administrative claim number T-SCR- 96 -470, on December 24, 1996,
alleging that medical staff at FMC, Fort Worth has been
negligent because he has received his Insulin injections two

hours late for three weeks. He claims that his body has had to
adjust to receiving the shots later and that it is "taxing on
his system. u He also states that because of the medical
treatment he has received over the last four years for his

6

diabetic condition, he has suffered a stroke and is now legally
blind.
He seeks sixty thousand dollars ($60,000.00)
compensation for personal injury.
Inmates Gene GRAVENMEIR , Register Number 08224-097; George
JANIS, Register Number 37039 -198; and Robert BUTLER, Register
Number 68846-079 have filed administrative tort c l aims alleging
that they are being exposed to second hand smoke at FMC, Fort
Worth.
Mr. Gravenmeir (T-SCR-96-391) seeks $5 , 030,000 .0 0.
The
investigation by staff at FMC, Fort Worth indicates that
Mr. Gravenmeir has been incarcerated in the BOP since July 3,
1996. He currently has been housed at FMC , Fort Worth due to
his medical history of hypertension, major. depression, and a
previous cerebrovascular accident in July 1995. On October 9,
1996, Mr. Gravenmeir was referred to the institution
psychologist who noted that he was irritable due to being
housed in an area where smoking is permitted. On October 11,
1996, he was evaluated and treated for a possible upper
respiratory infection and on October 18, 1996, he was evaluated
by a contract psychiatrist. Mr. Gravenmeir was treated on
October 30, 1996, for a runny nose and he complained of inmates
smoking around him. His lungs were clear and a normal nasal
mucosa.
On November 6, 1996, he again complained to medical
staff about the smoking, and he said that the smoking was
causing him to cough; the examination was normal. Staff
indicate that there is nothing to indicate that Mr. Gravenmeir
has suffered because of second hand smoke.
Mr. Janis (T-SCR-96-427) seeks $12 , 940,000.00. The
investigation reveals that he has been incarcerated in the BOP
since April 27, 1995. He has sought treatment on multiple
occasions for a dry cough , and has been diagnosed with an upper
respiratory infection. On November 12, 1996, he complained to
medical staff that the smoking in the housing units is causing
his cough, runny nose, and watery eyes. The physician noted
that the runny nose, cough, and watery eyes was secondary to
smoke in the environment. Mr. Janis had a heart condition and
breathing problems prior to being incarcerated and at his own
admission, it was related to second hand smoke.
However, he
alleges that inmates are allowed to smoke in common areas in
the housing unit.
Robert Butler (T-SCR-96-446) seeks $286,000.00 in damages. He
has not made any specific allegations regarding his injuries.

7

He simply states that he h as been exposed to second hand smoke
since his first day of incarceration. We have not received an
investigation from institution regarding this claim.

It should be noted that FMC, Fort Worth implemented a "nonsmoking" policy in Dallas and Fort Worth units beginning
January 2, 1997 .

TORT CLAIM SETTLEMENT
None

SIGNIFICANT ADMINISTRATIVE REMEDIES
None

SITUATIONS OF INTEREST
FCC, Beaumont
On December 4, 1996, Paul Layer, Karen Summers, and Larry
Weston (DHO) hosted a tour of the FCC Beaumont for Ruth Yeager,
Chief of Civil Division, U. S. Attorney's Office, Eastern
District of Texas, and some of her staff, including Moni
Henderson, Paralegal Specialist, who will primarily handle FCC
Beaumont cases in the u.S. Attorney's Office, and Civil
Assistant u.S. Attorney O. Kenneth Dodd.
On December 6, 1996, Paul Layer and Karen Summers, hosted a
tour of the FCC Beaumont for local u.S. National Park Service
law enforcement officers. The request for a tour was made by
John Stevens, Chief of Criminal Division, u.S. Attorney's
Office, Eastern District of Texas, who was obligated to provide
the officers with annual training.
December 12, 1996, Paul Layer, Karen Summers, and Larry Weston
(DHO) , attended the Restorative Justice VideO-Teleconference at
Lamar University, Beaumont, Texas . The video conference was
produced by the Department of Justice and National Institute of

8

corrections.

~.

FMC, Carswell
High profile inmate Susan McDougal has generated additional
legal and medical issues.
FeI, Three Rivers
Fuller v. Martyn. et al., C-95-603. Bivens case.
Plaintiff
continues to file motions which are unrelated to the original
complaint. He has filed a motion requesting the addition of
four BOP staff members as defendants in his lawsuit. These
alleged actions by these defendants are unrelated to original
complaint.

PERSONAL ISSUES
Scott Bomson's last day in the office will' be January 31 .

 

 

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