Fbop Scr Monthly Reports 2001jun-sep
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( u.s. Department of Justice Federal Bureau of Prisons South Central Regional Office Dallas, Texas 75219 July 11, 2001 MEMORANDUM FOR CHRISTOPHER ERLEWINE ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - June 2001 ADMINISTRATIVE REMEDIES RECEIVED ANSWERED JU L JA N FE MA R AP B R MA Y JU N 198 122 175 121 218 135 208 150 238 148 265 167 AU G SE P OC T NO V DE C ( TORT CLAIMS PENDING RECEIVED ANSWERED PENDING OVERSIXMO JA N FE B MA R AP R MA Y JU N 225 72 80 217 0 227 49 48 228 0 231 86 69 248 0 239 72 61 250 0 260 69 68 261 0 252 53 48 257 0 JA N FE B MA R AP R MA Y JU N 43 102 95 57 3 57 56 68 45 3 45 89 77 57 5 57 71 95 33 1 33 80 78 35 2 35 72 81 26 0 JU L AU G SE P OC T NO V DE C JU AU G SE P OC T NO V DE C FOI/PRIVACY PENDING RECEIVED ANSWERED PENDING OVER 20 DAYS 4148 L I' \. LITIGATION JA N CASESRECD CASES CLOSED HABEAS CORPUS BIVENS FTCA OTHER LIT REPORTS HEARINGSI TRIALS SETTLEMENTSI AWARDS 17 5 11 4 FE MA AP MA B R 21 12 13 R 19 17 8 Y 10 12 3 4 9 4 1 2 3 0 16 0 5 1 3 1 10 0 0 0 2 11 5 4 5 1 1 1 12 1 15 0 3 1 16 1 0 0 0 1 1 19 JU N JU L AU G SE P OC T NO V DE C 10 9 CASES WITH HEARINGS OR TRIALS None CASES WITH SETTLEMENTS OR AWARDS a. (' '... Adverse judgments In Reginald Lee Stafford v. Sam Pratt, a previously reported Seagoville case, an adverse decision was rendered regarding a Bureau of Prisons' custody classification and 3621(e) early release eligibility case pursuant to Program Statement 5100.07, Security Designation and Custody Classification Manual. The crux of the adverse decision focuses on the ruling of United States District Judge Barbara Lynn, wherein she rejected the Magistrate's Findings and concluded that the Respondents (BOP) "acted arbitrarily and capriciously in speculating that Mr. Stafford was not convicted of the sexual offense as a result of a plea bargain. The Court ORDERED that the BOP immediately remove Petitioner's PSF designation and recommend him for acceptance into a halfway house." The Court contends the BOP speculated the charge was based on a plea bargain and, thus, held we abused our discretion. A Motion for Reconsideration will be filed, as well as a provisional Notice of Appeal. b. Tort Claim settlements See Significant Tort Claims. The previously reported Retana case was settled for$190,OOO~: c. ( Other settlements None 4149 SIGNIFICANT CASES ( None SIGNIFICANT TORT CLAIMS FMC FORT WORTH The Office of Quality Management (OQM) reviewed two a d m " i n l l Mclaims (TRT-SCR-2001-03877 and TRT-SCR-2001-04579) regarding wherein settlement was recommended . A settlement of $3500.00 was n gotiated to settle both ' claims, which OGC approved. The claims involved the care of the diabetic claimant's toe while in SHU, the subsequent amputation, and negligent post op care. SIGNIFICANT ADMINISTRATIVE REMEDIES None UPCOMING TRIALS OR HEARINGS FCI FORREST CITY Albert Muick v. Edward Johnson. All claims were dismissed as to all defendants , except for plaintiff's 81" Amendment claim that he was forced to work beyond his physical capacity. An evidentiary hearing is scheduled for July 24 , 2001 , at 11 :00 a.m. Philip Fairchild v. Marvin Morrison. In this previously reported case, regarding a factual dispute on the issue of whether due process was afforded the plaintiff in the disciplinary process, has been set for an evidentiary hearing on July 24 , 2001, at 9:30 a.m. MEDICAL MALPRACTICE LITIGATION None TORT CLAIMS See Significant Tort Claims heading . ENSIGN AMENDMENT None 4150 ( . /' ~. LITIGATION None TORT CLAIMS None RELIGIOUS FREEDOM RESTORATION ACT LITIGATION None TORT CLAIMS None PRISON LITIGATION REFORM ACT ORDERS None SITUATIONS OF INTEREST ( .... None CRIMINAL MATTERS AND PROSECUTIONS .' . FCC BEAUMONT (MEDIUM) was convicted on June 20, 2001, of Possessing Contraband in Prison. He had approximately 14 packets of marijuana in his secured locker (nat weight of 2.5 grams) when staff searched his cell in August of 2000. No sentencing date has been set. USP BEAUMONT Following a sealed indictment, former Correctional Officer Sheffray Ward was sentenced on June 27, 2001, to four years probation, a $2,500 fine, and 100 hours of community service. FDC HOUSTON , a former FOe Houston correctional officer, was charged by Criminal Information on May 31, 2001 ~ing in a sexual act with an inmate in official detention and under ~ authority. As was previously reported, the female inmate told supervisory staff that she had engaged in sexual 4151 b'\O relations with _ in the staff restroom located in the female housing unit. PERSONAL ISSUES None Scheduled Annual/Sick Leave: - July 16-23. - Annual Leave - July 25-31 - Annual Leave - Annual Leave - July 27 Other Scheduled Absences: 4152 u.s. Department of Justice Federal Bureau of Prisons South Central Regional Office Dallas. Texas 75219 August 13, 2001 MEMORANDUM FOR CHRISTOPHER ERLEWINE ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - July 2001 ADMINISTRATIVE REMEDIES JAN FEB MAR APR RECEIVED ANSWERED 218 135 175 121 198 122 208 150 MAY JUN JUL 238 148 265 167 233 206 AUG SEP OCT NO V DEC TORT CLAIMS PENDING RECEIVED ANSWERED PENDING OVER SIX MO JAN 225 72 80 217 0 FEB 227 49 48 228 0 MAR 231 86 69 248 0 APR 239 72 61 250 0 MAY 260 69 68 261 0 JA N 43 10 2 95 57 FE MA AP B R 45 89 R 57 71 MA Y 33 80 N 35 72 68 45 3 3 77 57 5 95 33 1 78 35 2 81 26 0 JUN JUL 252 53 48 257 264 82 82 264 0 0 AUG SEP OCT NOV DEC AU G SE P OC T NO V DE C FOI/PRIVACY PENDING RECEIVED ANSWERED PENDING OVER 20 DAYS 57 56 JU JU L 26 77 57 46 1 '" 4172 ( LITIGATION CASES RECD CASES CLOSED HABEAS CORPUS BIVENS PTCA OTHER LIT REPORTS HEARINGS/ TRIALS SETTLEMENTS/ AWARDS JA N 17 FE MA B 11 5 11 4 R 21 12 13 5 1 3 4 1 5 4 AP R 19 17 MA Y 8 10 12 3 9 1 3 4 JU N 10 9 5 1 1 19 16 0 1 16 1 2 0 3 1 10 0 0 0 0 0 2 1 12 1 15 1 0 0 JU L 10 7 AU G SE P OC NO T V DE C 6 1 1 2 0 9 1 CASES WITH HEARINGS OR TRIALS ( McGuire y. Charles Turnbo, Case No. 4:91-CV-831-Y. In this previously reported FMC Fort Worth wrongful death case, the plaintiff, Ms. McGuire, alleged the BOP was negligent in allowing former inmate Shelia Moore, Ms. MCGuire's daughter, to ingest cocaine. On July 2, 2001, the Fifth Circuit Court of Appeals dismissed the case because Ms. McGuire, appellant, failed to timely file brief and record excerpts. CASES WITH SETTLEMENTS OR AWARDS a. Adverse judgments Muick In this previously reported FCI Forrest City case, Inmate Albert Muick alleged deliberate indifference to his medical needs becau$e staff required him to work at tasks beyond his physical capacity. On July 27, 2001, Magistrate Judge H. David Young, in the Eastern District of Arkansas, issued an order to allow Inmate Muick to proceed to jury trial. Gwen Hodge, AUSA, Eastern District of Arkansas, filed an Objection to the Magistrate's Order. No trial date has been set. Fairchild In this FCI Forrest City case, Inmate Phillip Fairchild alleges his constitutional rights were violated when he was charged with offense 199, disruptive conduct most like Escape, and disciplinary sanctions were imposed. On July 27, 2001, Magistrate Judge H. David Young, in the Eastern District of Arkansas, issued a final order setting aside the disciplinary 4173 hearing and ordering the BOP to restore all of Inmate Fairchild's privileges because he felt the only offense conduct of talking about an escape was insufficient to warrant disciplinary action. Consideration is being given to filing a Motion for Reconsideration. b. Tort Cla~ (' settlements None c. Other settlements None SIGNIFICANT CASES FCI EL RENO FortunatuB Wilcox y. Fleming, CIV-99-0854-T. Although this case was decided in favor of the United States at the District Court level, the case was remanded by the Tenth Circuit on one issue: whether petitioner validly waived his right to call witnesses at the disciplinary hearing that formed the basis of this case. Upon remand, Senior Un~ted States District Judge Ralph Thompson dismissed the case as moot since Wilcox completed his federal sentence and was deported. FMC FORT WORTH In Todd v. Hawk, 4:98-CV-0556Y, the Fifth Circuit Court of Appeals affirmed the lower court's ruling in our favor. Inmate Todd filed a Bivens complaint alleging exposure to environmental tobacco smoke and asbestos at FMC Fort Worth. SIGNIFICANT TORT CLAIMS None SIGNIFICANT ADMINISTRATIVE REMEDIES None UPCOMING TRIALS OR HEARINGS Oral arguments have been set before th 8 th Circuit in the ~ case for September 12, 2001. This is the FPC Nellis and FCI Forrest City case involving the Wardens' right to deny visitation without a due process hearing. MEDICAL MALPRACTICE 4174 ( .. ( LITIGATION None 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 The Dallas CLC has prepared an adverse memorandum in the Reginald Lee Stafford v. Sam Pratt, Case No. 3-01-CV-003S-M (N.D. Tex). This previously reported case involves custody classification, Community Corrections Center (CCC) eligibility, and 3621(e) early release eligibility. The Court ruled that the BOP acted arbitrarily and capriciously in speculating that inmate Stafford was not convicted of the sexual offense as a result of a plea bargain. The U. S. Attorney's Office in conjunction with the Dallas CLC is filing a Motion for Reconsideration on August 13, 2001. 4175 CRIMINAL MATTERS AND PROSECUTIONS ( FCI BIG SPRING On May 19, 2001, the Visiting Room Offi~ (6) small bags of marijuana in the shoe of inmate.............. The inmate hit the officer's hand in an attempt to get the bags out of his hands. On July 17, 2001, a two count indictment was returned by the grand jury in Lubbock, Texas, charging inmate .............. with 18 U.S.C. § 1791(a) (2) and (b) (3), Providing ~g Contraband in Prison, and 18 U.S.C. §lll(a) (1), Assault on Correctional Officer. On June 7, 2001, a fire destroyed FCI Big Spring's Vocational . . An investigation was conducted. Inmate" was indicted for his role in cause of the fire. Inmate was · indicted on one count of 18 U. S.C. § 1791(a) (2 Providing or possessing Contraband in Prison. r, ~flL/ FMC FORT WORTH On July 6, 2001, former correctional officer, ...... , pled guilty to 18 U.S.C . § 1791(a) (1), Providing a ~bited Object, to wit, Marijuana, to an Inmate. Sentencing is scheduled for October 12, 2001. FDC HOUSTON On July 13, 2001, a former FDC Houston correctional officer, to Sexual Abuse of a Ward. is scheduled for OCLooer 2, 2001. Reportedly, -. -. • "!; was allowed to return to his previous employm"e nt at a state correctional facility. Inmate ~ pled guilty on July 20, 2001, to Conspiracy to Manufac~~phetamine. In exchange for his plea, the government agreed to dismiss an obstruction of jMSti count, wherein the government was asserting that inmate used an inmate telephone in an attempt to have an indivi ua ~n the community prevent a witness from providing testimony relative to the drug related matter. USP POLLOCK Inmate pled guilty to a charge of escape on July 23, 2001. Sent is scheduled for August 16, 2001 . Inmate . . . . . . . . walked away from the satellite camp on May 14, 2001, and ~rehended two days later in Chicago, Illinois. FCI TEXARKANA 4176 \. ( were indicted on a gang-related assault on are still for their Inmates July 10, 2001, for the various inmates on pending for inmates roles in the assault. Inmate was indicated on July 10, 2001, for possession of a weapon in a correctional facility. PERSONAL ISSUES ( Scheduled Annual/Sick Leave: - August 13-14 - Annual Leave - August 27-31 - Annual Leave Other Scheduled Absences: - August 13-17 - Prison Litigation Seminar South Carolina - August 13-16 - Training 4177 u.s. Department of Justice Federal Bureau of Prisons Dallas, Texas 752 J9 South Central Regional Office September 17, 2001 MEMORANDUM FOR CHRISTOPHER ERLEWINE ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - August 2001 I I ADMINISTRATIVE REMEDIES JAN FEB MAR APR MAY JON JUL AUG RECEIVED 198 175 218 208 238 265 233 240 ANSWERED 122 121 135 150 148 167 206 150 I SEP OCT NOV DBC I TORT CLAIMS APR' MAY JON JUL AUG 260 252 264 255 72 69 53 82 81 69 61 68 48 82 60 228 248 250 261 257 264 276 0 0 0 0 0 0 0 JAN FEB MAR PENDING 225 227 231 . 239 RBCBIVED 72 49 86 ANSWERED 80 48 PENDING 217 0 OVER SIX MO I SBP OCT NOV DBC FOI/PRIVACY I JAN FEB MAR APR MAY JON JUL AUG PENDING 43 57 45 57 33 35 26 46 RECEIVED 102 56 89 71 80 72 77 71 ANSWERED 95 68 77 95 78 81 57 52 PENDING 57 45 57 33 35 26 46 65 OVER 20 DAYS 3 3 5 1 2 0 1 5 4184 SEP OCT NOV DBC ( ( I I LiTiGATiON JAN FEB MAR APR MAY JON JOL AUG CASES RECD 17 11 21 19 10 10 10 14 CASBS CLOSED 5 5 12 17 12 9 7 14 HABEAS CORPUS 11 4 13 8 3 5 6 6 BIVENS 4 5 4 9 4 1 1 5 FTCA 1 1 3 1 3 3 1 2 OTHER 1 1 1 1 0 1 2 1 LIT REPORTS 12 15 16 19 16 10 9 14 HEARINGS/ 1 0 1 2' 0 0 1 1 0 0 0 0 0 2 0 1 SEP OCT NOV DEC TRXALS SETTLEMENTS/ AWARDS CASES WITH HEARiNGS OR TRIALS ( None CASES WITH SETTLEMENTS OR AWARDS a. Adverse judgments None b. Tort Claim settlements None c. Other settlements None SIGNiFICANT CASES FCI SEAGOViLLE Groceman. et al. v. DOJ. et al., 3:01-CV-1619-G (N.D. Tex.). In this Bivens action, the plaintiff and his brother, both currently i \. 2 4185 designated at Fcr Seagoville, claim that the application of the DNA testing and reporting procedures mandated under the DNA Analysis Backlog Elimination Act of 2000 violate their Fourth, Fifth, and Sixth Amendment rights. They sought both a temporary restraining order and a permanent injunction barring the statutorily required testing and reporting. On August 23, 2001, the court denied the iffs' motion for a restraining . order. ( SIGNIFICANT TORT CLAIMS Webber: In this personal injury claim, inmate alleges that Fcr Big Spring staff have both neg intentionally denied him offense-specific sex-offender psychological treatment and have acted in concert to deny him a transfer and access to the Sex Offender Treatment Program at FCr Butner. He seeks compensation in the amount of $3,600,000.00 . (TRT-SCR-2001-06116) SIGNIFICANT ADMINISTRATIVE REMEDIES None UPCOMING TRIALS OR HEARINGS Ware. 8 '"' Circuit oral a:rguments. scheduled September 12, 2001, in St. Louis (FCr Forrest Clty prevlously reported visitation case). ( MEDICAL MALPRACTICE LITIGATION None TORT CLAIMS None ENSIGN AMENDMENT None LITIGATION None 3 4186 I, TORT CLAIMS ( None RELIGIOUS FREEDOM RESTORATION ACT LITIGATION None TORT CLAIMS None PRISON LITIGATION REFORM ACT ORDERS None SITUATIONS OF INTEREST FMC CARSWELL On August 3, 2001, a sentencing hearing was held in United States v. Lori Nelson. Counsel for the defendant, a presentence inmate at FMC Carswell, issued a subpoena for testimony of a treating physician in an attempt to obtain a downward departure for inmate Nelson. Al Munguia prepared Dr. Ballom, an FMC physician, for testimony, and attended the hearing. FDC HOUSTON On August 7, 2001, Jason Sickler accompanied the Food Service Administrator from FCI Seagoville, who testified in a federal criminal matter being tried in the Southern District of Texas. The staff member, subpoenaed by the defense, provided testimony regarding FCI Seagoville's purchase history of a meat substitute product called VitaPro. The case, which involves allegations of misconduct by Texas Department of Criminal Justice officials and is related to a matter involving a former governor of Louisiana, has received considerable coverage by the news media. CRIMINAL MATTERS AND PROSECUTIONS FCC BEAUMONT (MEDIUM) Christina Hoy Thorne, a former contract teacher, pled guilty to violating 18 U.S.C. § 2244, Abusive Sexual Contact With A Person Who Was In Official Detention. On August 9, 2001 she was 4 4187 sentenced to two years probation and a $1,000 fine. ! FCC BEAUMONT (USP) Inmate Jesus Duarte pled guilty to violating 18 U. S. C. 1791 (a) (2) , Possession of Heroin. On August 20, 2001, he was sentenced to 33 months of imprisonment to be followed by a three-year supervised release term . Inmate entered a guilty plea on August 28, 2001, in connection . earlier attempt to introduce a ~d substance into the institution. Specifically, inmate........., mother attempted to provide him with marijuana by plac~ng ~t inside a chili dog purchased in the institution visiting room. b'1L a former staff member who was convicted on March 14, 2001, of Conspiracy to Possess With Intent to Distribute Crack Cocaine, is scheduled for sentencing on September 6, 2001. FCI EL RENO Several prosecutions are going forward regarding a large-scale conspiracy to introduce drugs into FCI El Reno. Several defendants have pled guilty and are cooperating with both the FBI and DBA. Approximately 11-12 inmates have indicated the willingness to enter pleas of guilty. Office of the Inspector General, FBI, and BOP staff continue the investigation. FCI FORREST CITY On JUlY~4' 2001 t approximately 9:32 a.m., staff were escorting Inmate to the Special Housing Unit when he began cursing an res~st~ng staff . As staff attempted to regain control of the inmate, he kicked st~ the Compound Officer in the right lower leg. Inmate~was placed on the ground and controlled by staff. He was then lifted and transported to the Special Housing Unit without further incident . The FBI was notified and an investigation continues. FCI OAKDALE Recreation Specialist, resigned from his position of following allegations of introduction of contraband. matter is currently being reviewed by the FBI. FTC OKLAHOMA CITY - -- - ~-- set a mattress on On August 20, 2001, inmate 5 4188 ('. \ fire in the holdover housing unit. One officer sustained minor throat irritation secondary to smoke inhalation. There were no inmate injuries. The U . S. Attorney's Office has declined to prosecute the matter for lack of credible testimony. On July 16, 2001, while screening inmate mail staff discovered clear packages of a whit~idden inside the flaps of card addressed to inmate ~ The substance tested positive for heroine. The U.S. Attorney's Office has accepted this matter for prosecution. USP POLLOCK On August 17, 2001, satellite camp inmate Lee Roberts pled guilty to escape and was sentenced to one additional month of confinement, 36 months supervised release and a $1000 fine. Additionally, the Court recommended that the inmate be confined closer to his home. Two inmate-on-inmate assaults associated with the institution lock-down of July 28 - August 7, 2001, were referred to the Grant Parish District Attorney's Office. That office declined prosecution of both matters, and the Warden concurs with those determinations. Efforts to obtain concurrent jurisdiction remain underway and are currently pending action by the Governor of Louisiana. FCI SEAGOVILLE On August 3, 2001, inmate . . . . . . . . . . . . . . . who is a presentence inmate in the FCI seagovil~;eived an incident report after telephone monitoring staff heard an ITS telephone conversation in which he attempted to coerce his daughter into smuggling marijuana to him through visitation. The matter was eferred the AUSA in the criminal case in which inmate is pending sentencing. The AUSA has decided not to see a · separate indictment for t . but instead will request that the judge in inmate rrent case take this matter into account in inmate forthcoming sentencing. rnmate lllllllllll appeare the DHO on August 30 , 2001 and was fou~ committed the prohibited acts of a ttempted introduction of drugs / drug items and criminal telephone abuse. tMil!! FCI TEXARKANA Update : Inmate Bernardo Garcia received a 12-month sentence for his escape from the satellite camp in January 2001. 6 4189 \ ~'l ~I c) were indicted on July la, 2001, assault on various are still awaiting indictments for their roles. ( P' was indicated on July 10, 2001, for in a Correctional Facility. FeI THREE RIVERS On August 20, 2001, Jorge Guzman-Carmona was sentenced to 18 months of confinement and three years of supervised release, to be served concurrently with his current sentence, along with a $100.00 fine and a $100.00 special assessment, for possession of contraband in prison in violation of 18 U. S.C. § 1791(2). He had entered a plea of guilty on June 11, 2001. PERSONAL ISSUES . , .. • • ... 10 . - . ". ''- ( Scheduled Annual/Sick Leave: - September 10-21 Annual Leave - September 10-21 Annual Leave & Military Leave - September 13 & 14 Military Leave - September 20 & 21 Annual Leave Other Scheduled Absences: - September 11 & 12 - Appellate Arguments before Eighth Circui t Court of Appeals St . Louis. MO 7 4190 /' , IT)) [[ c: If'U1 ( l IE ~ V \:. '~\'I .. ' ~ S. Department of Justice I F deral Bureau of Prisons F . ..; Of PRISONS ';~TlON BRANCH r. MENORANDUN FOR CHRiSTOPHER ERLEWINE, ~SISTANT DIRECTOR/ GENERAL COUNSEL, GENERAL COUNSEL & REVIEW FROM: ~~'l lv', ;)'~-A'Harlan W. Penn, Regional Counsel SUBJECT: Monthly Report for September 2001 LITIGATION NEW CASES (Non 3621(e» c. Burrell v. BOP, et al (SDC) Complaint contesting custody classification. Corbeil v. United States (LOM) FTCA complaint regarding loss of personal property. Garrett v. United States (LOM) Inmate filed emergency motion in Ninth Circuit requesting that he not be transferred. Howard v. Adams (LOM) Bivens complaint alleging deliberate indifference. Kennedy v. Herrera (LOM) Inmate motion to prevent transfer. Marti v. United States (LOS) Petition for Writ of Habeas Corpus contesting DHO finding. Montalvo v. Herrera (LOM) Petition for Writ of Habeas Corpus seeking to halt transfer. Sykes v. Herrera (LOM) Petition for Writ of Habeas Corpus contesting DHO finding. U.s. v. Zeferino (LOM) Request for Temporary Restraining Order and Injunction for refusing to take medication. 4201 SXGNXFXCANT DEVELOPMENTS/APPEALS Bell v. U.S. District Courts, et al (SET) Bivens complaint complaining of access to SET law library, and other issues, dismissed without service of process due to improper venue .. ( Blum & Blum v. Candelaria, et al (PHX) Bivens complaint regarding parole issues but also naming BOP staff. BOP staff dismissed by district court and plaintiffs appealed to Ninth Circuit. Circuit dismissed appealed due to lack of final judgement in case. Camarena v. Adams (LOM) Petition for Writ of Habeas Corpus contesting classification matter. Ninth Circuit affirmed lower court's dismissal of petition. Cash v. Adams (LOM) Petition for Writ of Habeas Corpus contesting DHO finding denied. Castillo v. u.s. (SDC) Complaint alleging deliberate indifference to injury sustained during USMS arres.t. Hearing on plaintiff's motion for leave to file amended complaint scheduled for November 9, 2001. Davis v. Reno (LOM) Complaint relating to cell move and subsequent incident report dismissed for failure to prosecute. HelIum v. Herrera, Ortiz-Martinez v. Herrera, U.S. v. Montalvo, Kennedy v. Herrera, Harden v. Herrera (LOM) Petitions or motions seeking to prevent transfer dismissed or denied. House v. Barron (LOM) Petition for Writ of Habeas Corpus contesting DHO findings dismissed with prejudice. Longo v. Benov (DUB) Petition seeking 3621(e) eligibility denied with court holding Lopez controlled and Director's discretion was proper basis for denial. Mahler v. United St~tes (SHE) Ninth Circuit heard argument on September 12 on the discretionary function/qualified immunity wrongful death case. Plaintiff had appealed the District Court decision dismissing case on basis of discretionary function. Mainard v. Fitzpatrick (LOM) Ninth Circuit reversed lower court's denial of Petition for Writ of Habeas Corpus contesting DHO findings. Ninth Circuit directed report be expunged, GeT restored and eligibility for early release be reevaluated. Tezak v. Pendleton (TCN) Inmate appealed to the Ninth Circuit the district court's dismissal of his RDAP petition in which he prayed for early release consideration notwithstanding prior conviction for threatening a witness. t' "\.: qplinger v. Barron (LOM) Inmate challenge to constitutionality of testing under DNA Backlog Elimination Act dismissed with leave to amend. 4202 Vander v. u.s. DOJ (SAF) Oral argument held before the Ninth Circuit on whether IACA is exclusive remedy for inmate work injury. AUSA believed oral argument went well. VanSickle v. Hood (SET) District court granted 3621(e) Petition for Writ of Habeas Corpus. Inmate was denied eligibility due to prior state conviction for assault with a deadly weapon. Decision to appeal pending. CRIMINAL CASE TRACKiNG I I Criminal Cases JAN FEB MAR APR laY JON .roL AUG SEP Referred 15 17 14 25 9 10 29 34 14 Accepted 0 3 2 4 2 1 2 1 0 Declined 12 9 9 16 4 7 18 16 7 Pending Decision 59 64 38 72 75 77 86 103 110 OCT NOV DEC NEW INFOmA.TION ON ACTIVE PROSECUTiONS ASSAULT u.s. v. Mosqueda-Gonzalez (TCN) Inmate arraignment in case alleging abusive sexual contact and assault on federal officer delayed because inmate was transfer to USMCFP for mental health treatment. u.s. v. Ponce-Hernandez (TCN) Inmate on staff assault trial continued to October 12, 2001. u.s. v. Rodriguez-Lopez (SDC) Inmate on staff assault. Defendant expected to plead guilty but at last minute, asserted "selfdefense". Motions hearing calendered for October 22, 2001. ESCAPE u.s. v. DiCarlo (TCN) Inmate escapee from CCC suspected of several bank robberies in Texas and New Mexico. Escape case dismissed without prejudice because inmate received life sentence in another district. u.s. v. Havier (TCN) Inmate escapee from CCC pled guilty and sentencing is scheduled for November 15, 2001. u.s. v. Little (SET) Inmate escape prosecution. negotiated in exchange for a 6-12 month sentence. 4203 Guilty plea being u.s. v. Nelson (LOS) 1995 FPC Boron escape set for trial October 4, 2001. ( CON'mABAND u.s. v. Kumar (LOM) Trial continued to January 14, 2002. u.s. u.s. v. Verwolf (SET) Case stayed pending outcome of trial in v. Gutierrez. STATISTICS I I ADMINISTRATIVE REMEDIES JAN FEB MAR APR laY JON JOL AUG SEP 98 67 104 65 67 67 34 116 103 I OCT NOV DEC I FREEDOM OF INFORMATION/PRIVACY ACT: JAN FEB MAR APR laY JON JOL AUG SEP RECEIVED 43 35 48 32 51 42 40 49 35 CLOSED 37 30 53 33 49 36 49 47 32 PENDING 38 43 38 37 39 45 36 38 41 30 DAYS 0 1 0 4* 6* 5* 7* 7* 4* 6 KON'l'BS 0 0 0 0 0 0 0 0 0 OCT NOV DEC vI' APPEALS . *Wa~t~ng 5 0 2 4 2 2 0 3 6 for records from Arch1ves, not cons1dered overdue. I I NUMBER OF FOI/PA PENDING: A'l'W DOB LOM BON NEL PBX SAF SDC SET SHE TCI TCN TRM VIM OTHER 0 4 4 0 0 1 1 2 0 1 1 0 0 0 3 LITIGATION: JAN FEB MAR APR laY JON JUL AUG SEP OPEN AT BEGINNING OF MONTH 476 479 473 477 472 474 475 469 482 NEW CASES 11 OCT NOV DEC ( 5 14 10 9 RECEIVED 4204 8 4 22 9 [ I LITIGATION': HC 8 3 6 8 5 5 2 13 3 F'l'CA 0 0 2 2 0 0 0 1 1 BIVENS 3 2 3 0 1 1 1 3 2 OTHER 0 0 3 0 3 2 1 5 3 CLOSED 8 11 10 15 7 7 10 9 15 PENDING AT END OF MONTH 479 473 477 472 474 475 469 482 476 LITIGATION REPORTS COMPLE!l'ED 7 8 12 8 8 9 6 10 4 ( ADMINISTRATIVE TORT CLAIMS c., JAN FEB MAR APR MAY 1 .JON JUL AUG SEP RECEIVED 40 26 43 40 45 41 39 47 39 CLOSED 45 33 23 28 91 18 30 68 22 RECONSIDER 0 0 0 0 0 0 0 0 0 PENDING 98 91 111 123 98 121 128 107 124 OVER 6 MON'l'HS 0 0 0 0 0 0 0 1 1 OCT NOV DBC Tort Claim Investigations OVer 60 Days: DUB LOF LON LOS NEL PBX SAF SDC SBT SHE TCI TCN TBM VIM TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Numbers adjusted as of June 1, 2001, by researching Lawpack. 4205