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Fbop Scr Quarterly Reports 1996jan-dec

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

Dallas, Texas 75219
April 12, 1996

APR I 5 ;::J'::
I 1\

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GEN,~~ COUNSEL
C~RAL OFFICE

FROM:

~ChjlQ Hoo ,

SUBJECT:

Quarterly Report for January - March, 1996

Counsel

Attached is our quarterly report for the above-noted months.
Attachments

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2896

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LITIGATION NARRATIVES
JANUARY 1, 1996 - KARCH 31, 1996

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SIGNIFICANT CASES
Crow v. Rich, at al.; 94-CR-017-001-B (ND/TX, Dallas Division)
Seagoville inmate has attempted to file habeas action (he has
filed it under his criminal case number), challenging denial of
his eligibility for one year sentence reduction under 18 U.S.C.
§ 3621(e).
Inmate's crime fell under the "may be violent"
section of the Program Statement, and he was denied sentence
reduction based on two point enhancement for presence of firearm.
A litigation report has been submitted (after consultation with
the LeI and Litigation Branches in DC). A Motion to Dismiss was
filed on February 21, 1996, and we are awaiting a copy of the
Motion.
washington v. Reno, at al.; Case Nos. 83-217 and 93-290

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...... , ...

Prepared Declarations at FMC, Carswell for Camp Administrator
Lisa. Austin and Case Manager Tim Grace regarding the Motion for
Enforcement, Renewal and'Further Relief of Judge's Order Filed
August 5, 1993, seeking that the Court enforce its previous
Protective Order by not allowing inmates Robinson and Preston to
be transferred as planned by FMC, Carswell. Also, the inmates
request the Court enjoin the Bureau of Prisons from retaliating
against the Plaintiffs of the ITS lawsuit •
Haughton v. Hawk, CIV-96-25-R (WD/OK)
It is a combination Bivens/Injunctive suit, and challenges our
'definition of "crime of violence" under 18 USC 3621(e) as it
relates to one year off for drug treatment.
Agramonte v. U.S.; 3:94-CV-2015-G (ND/TX)
Medical malpractice case; pretrial hearing in April - possible
settlement· negotiations.
RELIGIOUS ISSUES
Susan Tinsley v. Thomasatte Pittari; 4-9S-CV-907-E (ND/TX)

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The Plaintiff claims she is of an orthodox Christian faith that
follows the tenets of the early Christian Church. She states
that she is required to observe the double Sabbaths, or high holy
days, by work proscription, which she states must be computed by
a lunar calendar, not the solar calendar. Religious Services
denied her request because the requested days were not recognized
work proscription days according to the Federal Bureau of Prisons
policy. Plaintiff cites Bivens and RFRA.
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FTCA adminis~rative claim filed by inmate Michael James
Thundercloud, Reg. No. 06178-059, claiming that staff at FCI,
Oakdale, damaged one eagle feather and one hawk feather beyond
repair when this property was packed upon the inmate's placement
into SHU on January 31, 1996. Inmate seeks $14,000 for damage to
the feathers, and $214,000 for personal injury arising from being
"spiritually and morally" damaged by the conduct of institution
staff. We are working with the Bureau of Indian Affairs to
assist the inmate in replacing the eagle feather.
Susan Tinsley v. Department of Justice. et a1.
(The complaint has not been filed with the court as of March 26,
1996. )
Plaintiff claims Defendants have wrongly placed her in FRP
refusal status due to her "religious beliefs", which has resulted
in denial of rights and benefits.
CASES WITH SETTLEMENTS/AWARDS
Armstrong v. U.S.; 94-2562-B-M2 (MD/LA)

C::

Lexington inmate filed suit for personal injury allegedly
incurred at FMC, Carville in 1992 when handicapped commode
railing gave way. Case was settled for approximately $7,000,
based primarily of inaccessibility of Carville records, and
conflicting recollection of former Carville employees regarding
facts of the incident.
Krumrye v. Reno; H-94-4354 (SD/TX)
EEO case - probationary employee fired for leaving key in lock;
alleged gender based discrimination. Settlement agreement
reached at mediation March 18, 1996 because of witness problems.
MEDICAL MALPRACTICE LITIGATION
Youset Rouhani v. Six Unknown Federal Agents; l:96CV005 (ND/TX)
Complains he was taken to hospital without medical records.
Benedetto Artino V. U.S.A.; 96-WY-4 (D/CO)
The inmate has filed suit for 3 million dollars, alleging our
improper medical care lead to loss of his kidney.

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CASES WITH BEARINGS'OR TRIALS
Jerry Loudermilk v. Franco; EP-95-CA-436-H (WO/TX)
Magistrate ,scheduled an expedited evidentiary hearing in this
habeas case for February 20, 1996, during which it was argued
that plaintiff had not exhausted administrative remedies, and
therefore a hearing on the merits was improper. Magistrate then
ordered the filing of submissions by February 28, 1996, to
address the issue of exhaustion, as well as the merits regarding
whether drug treatment program, was eligible for early release
under § 3621(e), despite being an inappropriate candidate for
half-way house placement due to his·violent offense conduct.
UPCOMING BEARING OR TRIALS
Ama40 Jose Torres v. Dr. Clinton strong, et a1.; CIV-94-356-B
(WO/OK)
FTCA medical malpractice action, claiminq inappropriate medical
care by BOP, U.S. Ma'rshals Service, and contract physician
Dr. Strong for lower back problems. Scheduled for tria~ the week
of April 15.
Aqramonte v. U.S.; 3:94-CV-2015-G (ND/TX)
Mediation scheduled for April 15, 1996.

*****
Potential
evidentiary hearing in Denver regarding Timothy McVeigh
week of April 8 - sta~f members from El Reno may be requested to
testify regarding conditions of McVeigh's confinement.
SIGNIFICANT TORT CLAIM
T-SCR-96-113i Tony Johnigan, Reg. No. 27593-077, has filed a tort
claim seeking $75,000. Mr. Johnigan claims that Health Services
staff at FCl, Seagoville failed to diagnose and treat him for a
fractured ankle on February 5, 1996. He states that his foot was
broken for 18 days before it was placed in a cast.

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Tort Claims Second Quarter - FY96 (January 01, 1996 - March 31, 1996)

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South Central Region

co

JUL 22'-

LITIGATION NARRATIVES
APRIL 1, 1996 - JUNE 1, 1996
SiGNiFiCANT CASES
Marchetti, et a1. y. BOP, at a1.,

C~A.

No. 6:96CV026C, ND/TX

Case transf"erred from" DDC, attempted class action filed by alien
inmates, claiming they are denied equal protection by being
housed in a contract facility (Eden Detention Center). Class
certification has been denied, applications of approximately
20 additional inmates to join the suit have been denied, and the
case has been severed into five separate actions - one for each
original named plaintiff. We expect that the case may be
dismissed under 28 USC § 1915(d), as there is Sth Circuit law
directly on point.
United States v. Alicia Earl; 4:96-CV-356-E (NO/TX)

A motion for a commitment and expedited hearing was filed under
18 USC § 424S. A Federal Public Defender was appointed to
represent Ms. Earl. An order was entered regarding the necessity
of appointing an individual psychologist.
Edigin, et a1 y. county of Reeyes, et a1., No. P-9S-CA-4S-B

(WD/TX)
This FTCA claim, brought by former inmates at the Reeves County
Law Enforcement Center alleged that the Bureau of Prisons had
been negligent in failing to prevent an alleged assault on
Nigerian inmates by Hispanic inmates. The case had originally
been dismissed as to the U.S. because 6 months had not passed
between the filing of the administrative tort claim, and the date
suit was filed. After the administrative claim was denied (based
on statute of limitations), we were brought back into the suit,
and trial scheduled for the week of June 23. The court has now
again dismissed the suit against the U!S. because the alleged
assault occurred on July 19, 1993, and the administrative claim
was t not presented to the United States until July 20, 1995.
Stonecipher, et a1. y. Turnbo, et a1., C.A. No. 9S-COll14-C
(NO/OK)

This Biyens case, brought by a former inmate and his wife,
alleged that Regional and Community Corrections staff failed t'o
provide appropriate medical care to plaintiff and claimed
physical and mental anguish because' he was required to make
2903

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payments on his fine or he would not be placed in a CTC. The
case was dismissed for improper venue, but is subject to being
refiled in Texas.
Loudermilk y. Franco, No. EP-95-CA-436-H (WD/TX)

As previously reported, the Magistrate recommended, that this
habeas petition be granted. Petitioner was denied halfway house
placement, and therefore, could not receive a sentence reduc'tion
under 18 U.S.C. § 3621(e). The Judge dismissed the case for
failure to exhaust administrative remedies. Inmate is now
proceeding through the remedy system and we expect the case to be
refiled.
Bostio y. Aguirre, EP-96-CA-139-DB (WD/TX)

Habeas Corpus.petition wherein petitioner challenged the Bureau
of Prison's Costs of Incarceration Fee (COIF) policy. Regional
Counsel's Office and United States Attorney's Office are
developing an approach to seek reconsideration by the District
Court.

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We received judgments of dismissal in two 3621(e) cases - Medina
y. Franco, No. EP-96-CA-156-H, Western District of Texas, and
Sorrells y. Bureau of Prisons. No. EP-96-CA-155-H,
Western District of Texas. In addition, we have received a
positive Report and Recommendation in another 3621(e) case out of
Seagoville, Crow v. Rich, No. 3:96-CV-065, Northern District of
Texas.
Richey y. Corum, EP-96-'CA-241-H (WD/TX)

Bivens case wherein plaintiff alleges staff member assaulted him
while he was in hard restraints in the Special Housing Unit. The
matter was referred to the Office of Internal Affairs (OIA) for
review. ~owever, OIA instructed 'the Special Investigative
Supervisor (SIS) Lieutenant at this institution to conduct the
investigation is now complete, and concluded that the staff
member, who is defendant Corum, acted properly.
Susan Tinsley y. Thgmasette Pittari. et al., 4-9S-CV-907-E

Provided the AUSA with a Supplemental Litigation Report to assist
him in addressing the addition of Daryl DesJardin, Supervisory
Chaplain, as a Defendant and the Preliminary Injunction Motion.
Court allowed plaintiff to amend her Complaint and file against
our objection.
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Denyer Reed V. Smith. Bidelspach. et al., CIV-96-874-C (WD/OK)
Alleges excessive use of force.
The matter was initially
received in the regional office. To date, none of the defendants
have received service. The matter was referred to OIA while we
were at the legal conference, and we have not heard back from
them.
CASES WITH HEARING OR TRIALS

Am@do Jose Torres V. Dr. Clinton Strong. et al., CIV-94-356-B
FTCA medical malpractice action, claiming inappropriate medical
care by BOP, U.S. Marshals Service,and contract physician
Dr. Strong for lower back problems. Trial held April 15 and
April 16. Judge recently ruled in our favor.

Anne H, Hammond v, Kathleen Hawk. et al"

(~....

This case involves an inmate who was at FMC, Carswell and was
sent to the MINT program. A hearing was held regarding ~ssuance
of a Temporary Restraining Order and/or Preliminary Injunction
prohibiting removal of the inmate from Greenbrier Birthing
Center.
This case was filed in West Virginia and names Warden
Bogan as a defendant.

United States

v.

Alicia Earl, 4:96-CV-356-E

Commitment hearing for Alicia Earl.
medications ordered.

Committed under 4245 and

CASE WITH SETTLEMENT OR AWARD

Deborah A~strong V. Department of Justice,
C.A. No. 3:95-CV-1329-G (ND/TX)

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"

A court-ordered mediation was conducted in this case in
mid-June. Plaintiff (a former employee) had alleged that she had
been'unfairly disciplined because of her gender and race.
Settlement was reached as a result of mediation, in which
plaintiff agreed to drop her monetary claims, and the Bureau
agreed to provide a IIneutral" reference in response to any
inquiries from potential employers, except for law enforcement
agencies, to whom a thorough vouchering would occur.
We agreed
that plaintiff's disciplinary file would not be disclosed except
in response to requests from law enforcement entities, and
plaintiff agreed never to seek employment with the BOP.

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SIGNIFICANT TORT CLAIM
Inmate Cesar Givanni Morales-Morales, Reg. No. 59905-079, from
Fel, Three Rivers has filed a tort claim (T-SCR-96-121) seeking
$1,200,000. The claim was accepted on April 3, 1996.
Mr. Morales-Morales alleges that while he was incarcerated at
FCl, Texarkana he broke his left humerus while playing soccer.
He states that Dr. Stringfellow authorized a "blind pinning with
a sidle humeral locking nail" instead of a cast. On June 8,
1995, Mr. Morales-Morales arrived at FCI" Three Rivers.
Dr. Tharpe at FCI, Three Rivers referred him to community
physician who recommend that the hardware be removed.
Mr. Morales-Morales states that the community physician stated
removal of the hardware would reduce his pain by 50% Dr. Tharpe
rejected the removal and Mr. Morales-Morales continues to be in
pain.
RFRA CASE
Myers y. Franco, EP-96-CA-1S6-H,
(~
.~

....

(El Paso Division)

Habeas petition filed by purported founder of IIChurch of
Marijuana," alleging we have violated his religious rights by
not allowing him to smoke marijuana in prison. Published
decision in District of Wyoming has already found that this is
not a "religion" under RFRA. In addition, defendant was
convicted of possession with intent to distribute marijuana - we
anticipate rapid dismissal.
MEDICAL MALPRACTICE LITIGATION
Richard Lee Atkins v. George Killinger, et al., 4:96-CV-397-Y
(ND/TX)

Alleging he received inadequate medical treatment for injuries he
sustained at the Mansfie~d Law Enforcement'Cen4er. He alleges
defendants at Mansfield and FMC Fort Worth failed to provide
adequate follow-up treatment for his serious injuries.
PROSECUTION
Inmate Homicide, Sergio Garcia-Chavez at FCI Three Rivers.
Matter currently being investigated by FBI. No indictment yet.
Three suspects and at least one witness.

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2906

u.s. Department of Justice
Federal Bureau 0/ Prisons

(

Dallas, Texas 75219

South Central Regional Office

october 15, 1996

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTAN~~~;~GENERAL

COUNSEL

M?F\~

FROM:

Micn~D.

SUBJECT:

Quarter.ly Report for July - september, 1996

Hood, Regional Counsel

Attached is our quarterly report for the above-noted months.
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LITIGATION NARRATIVES
JULY 1, 1996 - SEPTEMBER 30, 1996
SZGNZPICANT CASES
Loren Green v. U.S.; 4:96-CV-4l2-E (ND/TX)
Claims Bureau of Prisons negligence when he scalded himself in
bath tub.
James B. Mitchell v. Officer Tonya, et al., 4:96-CV-367-A (ND/TX)
Alleging his constitutional rights were violated when
correctional staff in the SHU confiscated legal materials with
other inmates' names on them.
wilson v. BOP, 4:96-CV-459-A (NO/TX) and Ravrilchuck v. Reno,
4:96-CV-476-Y (NO/TX)
Both are cases dealing with one-year sentence reduction for OAP
completion.
Tinsley v. Pittari, et a1., 4-95-CV-907-E

( ...... .
~~

Tinsley filed several additional pleadings and response~. The
institution notified the plaintiff that her requested September
religious observance would not be granted. The case was
dismissed on october 8, 1996.
Haughton v. Hawk, CIV-96-25-R (WO/OK)
We received another affirmative judgment (our first out of WO/OK)
regarding 18 U.S.C. § 3621(e) and the year off for drug
treatment.
CASES WITH SETTLEMENT OR AWARD
Fuller v. USA, CA No. 95-2107-PHX (O/AZ)
This FTCA personal property case was finally settled and
dismissed on July 22, 1996, for payment of $450.00. It involved
a missing ring.
Artino

v~

USA, CA No. 96-WY-4-CB (D/CO)

FTCA medical malpractice case, in which plaintiff alleged we
failed to diagnose kidney stone, leading to necrosis of kidney.
We were unable to obtain expert testimony to support our
treatment, and settlement authority was granted by Central Office

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July 31 for $90,000. We have just received word that the case
has been settled for approximately $105,000, and have a call in
to the Assistant u.s. Attorney to reconcile this discrepancy.
CASE WITH HEARING OR TRIAL
Puller v. Martyn, et al., C.A. No. C-95-603 (SD/TX)
An evidentiary hearing was conducted on September 25, regarding
the inmate's allegation of substandard medical care. The judge
(a former registered nurse) has taken an unusual interest in this
case. The three named defendants are the HSA, Medical
Technician, and Chief Physician at Three Rivers. We continue to
argue that plaintiff received appropriate care, and, furthermore,
that all defendants are entitled to qualified immunity. This
case bears close watching, given the reputation of the Judge
(Janis Graham Jack), who, we have been informed, was recently
reversed by the 5th Circuit when she held an AUSA in. contempt.
Zacher v. Hawk, et al., C.A. No. C-96-40 (SD/TX)

c. .

A Spears hearing was held on this case on September 25. It was a
rambling, baseless complaint, alleging improper classification,
transfer, etc. The hearing was held before Judge Janice Graham
Jack (see note above from Fuller v. Martyn case). The hearing
was continued because plaintiff did not have his legal materials
with him (he had been transported. by the Marsh.als, who did not
insure that his legal materials traveled with him). At second
hearing, case was dismissed by Judge Jack.
Okonofua v. U.S., 4:96-CV-037-A (ND/TX)
A "trial" of this FTCA property claim was held before Judge
McBryde on September 23. The inmate had filed suit for over
$1,000.00 for lost property. We acknowledged that certain
property had been lost, but were unable to settle the
administrative claim or the lawsuit because plaintiff failed to
provide any proof of the value of the lost property. At trial,
the Judge awarded plaintiff $100.00 for one box of lost property,
but offset that against an award of $373.00 previously entered in
favor of the U.S.A. for attorney's fees for plaintiff's earlier
failure to respond to discovery. Thus, the net judgment was in
favor of the U.S.A. for $273.00.
Muniz v. Childers, A-95-CA-02S9-JN (WD/TX)
On September 27, 1996, a hearing was conducted before Magistrate
Albright in Austin. Muniz, now a free man, showed up and
requested time to respond to the defendant's pending motion to
dismiss, or in the alternative, for summary judgment. The
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magistrate gave him until october 11, at which time, if he denies
the motion, he will set the case for trial. Plaintiff filed a
response which is currently being evaluated. This case is not a
big concern however.
united states v. Rebecca Adoma, 4:96-CV-632-Y (ND/TX)
A mental health hearing was held at FMC, Carswell. She was
committed for hospitalization pursuant to 18 USC 4245.
UPCOMING BEARING OR TRIAL
spaniol v. US, CA No. 4:94-CV-237 (ED/TX)
This FTCA wrongful death/medical malpractice case was scheduled
for trial August 12 and 13 in Sherman, Texas, but plaintiff's
counsel was disqualified in August, 1996, and the trial date has
been· continued.
Schneider v. Brown, l:96-CV-0151-C (ND/TX)
A Spears hearing will be held on October 22, 1996. This inmate
alleges he was denied water during a hunger strike •

(
....... -.

MEDICAL MALPRACTICE LITIGATION
Richard Lee Atkins v. George Killinger, et a1., 4:96-CV-397-Y
·(ND/TX)
Alleging inadequate medical treatment for injuries he sustained
to his face and teeth prior to his arrival at FMC, Fort Worth;
seeking $50,000 in general damages, punitive damages, and legal
costs and expenses. In addition to federal defendants, Atkins is
suing officials from the Mansfield Law Enforcement Center.
Carter v. Medical Review Board, et al., 95-CV-781-E (ND/TX)
Numerous complaints ranging from negligence in regard to her
claustrophobia and sore gums to her denial of short line meals.
MEDICAL MALPRATICE TORT CLAIMS
LITTRELL, Okie, Register Number 13227-075 - Claimant submitted
his claim to the Central Office, who in turn forwarded it to the
South Central Regional Office, North Central Regional Office, and
the Mid-Atlantic Regional O(fice. Claimant alleges that while he

2911

4

was housed at FOC, Oakdale, Marion Camp, and FPC, Millington,
Bureau of Prisons medical staff failed to diagnosis that he was
suffering from throat cancer. Mr. Littrell is represented by
counsel and seeks $300,000.00 for personal injury. Initial
investigation by staff at FMC, Fort Worth has indicated that
there may be some negligence on the part of medical staff at FOC,
Oakdale. Mr. Littrell was examined at FOC, Oakdale and staff
diagnosed a swollen tonsil, and after he transferred to FPC,
Millington he was diagnosed with a tumor on his tonsil. This
investigation is in the beginning staff and medical staff at FMC,
Fort Worth are currently doing a comprehensive review of the
medical file. (Claim Number T-BOP-96-168)
BURT, Richard, Register Number 02403-095 - Claimant alleges that
when he arrived in the Bureau of Prisons, "officials" were made
aware that he suffered from ulcers. He further states that
medical staff at FCl, Texarkana were medically indifferent by
failing to provide him with medical treatment to prevent the
. perforation of the ulcer several weeKs later. He is seeking
$600,000.00. (Claim Number T-SCR-96-352)

(

SALDIVAR, Heriberto, Register Number 41673-079 - Claimant alleges
that on February 15, 1996, he broke his foot and went to the
Health Services Department for treatment. He claims that medical
staff diagnosed his foot as only sprained and that he now. has
permanent damage. He seeks $25,000.00 compensation.
Investigation of the claim revealed that claimant received
. appropriate treatment and care. Claimant injured his ankle on
the handball court and then walked to the Health Services
Department , which is approximately 100-150 yards from the
handball court. He was instructed to return to his housing unit
and obtain a pass in order to be evaluated as an "eJ1.lergency." He
later returned with a slight limp,· but without limping, gross
deformity, or swelling. His range of motion was normal .. He was
treated with an ace bandage, anti-inflammatory medication, and
instructed to use ice. He was ·placed on idle status for one day.
The next day he returned complaining of more swelling and pain.
Examination revealed swelling and tenderness, range of motion and
circulation were good. A routine x-ray was ordered.· The x-ray
was taken on February 21, 1996, and a spiral fracture of the
distal fibula, which remained non-displaced was revealed.
Claimant was placed in a short leg cast and issued crutches and
checked periodically. He had no further problems during his
course of recovery. The cast was removed on March 27, 1996, and
an x-ray was taken. The x-ray revealed good callous formation.
Rehabilitation exercises were initiated. He regained full
function and use of his right ankle.
(T-SCR-96-156)

(
2912

5

('.

CRIMINAL MATTERS/PROSECUTIONS

Fel. Three Rivers
FBI has completed additional investigation into' Garcia-Chavez
homicide. It is anticipated that the case will be presented to
the Grand Jury the week of August 14, 1996.
Garcia-Chavez homicide was rescheduled to go before the Grand
Jury on September 25, 1996.
FMC. Fort Worth
Paulo Gutierrez, Reg. No. 22336-080, referred to FBI on
June 16, 1996, for possible prosecution for ingestion of heroin
balloons.
FPC. Bryan
Ron Schielack - This individual is accused of engaging in sexual
relations with inmates who worked for him in the warehouse. He
was the warehouse supervisor until he was approached regarding
these allegations. At that time he resigned from the BOP. The
case did go before the Grand Jury, and an Indictment was handed
down. Mr. Schielack .is expected to enter a plea in this case in
the very near future.
- This individual is accused on engaging in sexual
relat ons
inmates at FPC, Bryan, particUlaMlilil
one who he
knew before he became a Correctional Officer.
has been
on home duty for approximately four months. The
gent Warren
and AU SA Doyle (SD/TX), are still attempting to gather sufficient
evidence to pursue formal criminal charges.
Ron Schielack, former warehouse supervisor, entered a guilty. plea
to two counts of a four counts indictment charging him with
violation of 18 U.S.C. 2243(b), Sexual Abuse of a Ward.
sentencing is scheduled for De·cember 6, 1996.
case. _
remains on
o whether charges will be

There is no change in the
home duty pending a decision
filed.

A Physician's Assistant,.
has had allegations
raised by at least two inmates that he "molested" them while
performing vaginal and rectal examinations. OIG was in the
institution a few weeks ago to administer polygraphs to the
inmates. Preliminary indications reveal no sign of deception on
their part.
has declined to be polygraphed.

IIIIt

(
2913

6

('

FMC, Carwell
united states v. Bridgett Brad'ford, 4: 96-CR-077-E
We are working with the AUSA setting up staff interviews and
releasing subpoenaed documents. The AUSA and Warden have decided
not to prosecute this.
I'CI, El Reno

Inmate Dennis Sells, Reg. No. 06113-062, escaped 1991, and still
at large.
Inmate Antonio Wilson, Reg. No. 07191-062, accused of
assault/introduction of drugs and indictment is outstanding.
Inmate James Jones, Reg. No. 07148-062, accused of introduction
of drugs and indictment outstanding.
Inmate William Hardwood, Reg. No. 03271-063, camp walk away and
still at large, indictment outstanding.
Inmate Mark Robitalle, Reg. No. 07382-062, camp walk away and
still at large, indictment outstanding.

(.,.

Dennis Sells, Reg. No~ 06113-062, Camp Escape.
investigating.

USM is

Antonio Wilson, Reg. No. 07191-062, Assault/Introduction Drugs,
FBI has accepted.
James Jones, Reg. No. 07148-062, Introduction Drugs, FBI has
accepted.
William Hardwood, Reg. No. 03271-063, Camp Escape, FBI has
accepted.
Mark Robitaille, Reg. No. 07382-062, Camp Escape, Judge does not
want to pursue since he is terminally ill; inmate is at
Springfield.
FCI, TEXARKANA
On August 6, 1996, two inmates assaulted another inmate with a
single edge razor blade. The inmate received lacerations to his
left facial cheek and left side which required sutures to
close. On August 7, 1996, the FBI responded and it was accepted
for prosecution on September 10, 1996.
"

On september 11, 1996, The Grand Jury indicted inmate Ronald
Pereira, Reg. No. 35839-004 for Possession of a Weapon. The

2914

7

c::

Grand Jury declined prosecution of Pereira and inmate Victor
Ortega, Reg. No. 99878-024, on the Assault charges.
On August 3, 1996, staff observed a vehicle drop a package at the
perimeter of the Federal Prison Camp. The package contained a
375ml bottle of Crown Royal whiskey. It was determined that the
vehicle belonged to curtis and Cassandra Rawls, relatives of
inmate Derrick Rawls, Reg. No. 12480-076. The incident was
referred for prosecution on August 28, 1996. On September 12,
1996, prosecution was declined.
On September 13, 1996, an inmate was as~aulted while on the
Recreation Yard with what was believed to be a weight. The
inmate was struck three times on the head which required twenty
sutures to close. The incident was referred for prosecution on
September 13, 1996. During the interview with the victim by FBI,
the victim refused to cooperate should this incident proceed to
trial. Thus, prosecution was declined.
SIGNIFICANT TORT CLAIMS

(

..

Inmate Arthur Mosley, Reg. No. 63058-061, from FCI, EI Reno has
filed a tort claim (T-SCR-96-13). Medical malpractice case; We
requested authority to settle because PA did not have privileges
to perform surgery. He is seeking $60,000.000. Settlement has
been approved for $6,000.
Danny Jarrett, T-SCR-96-304, alleging negligence of the part of
the government driver in an accident which occurred in February
1995. This accident was the result of a third-party who slammed
into the rear of the government van, causing it to flip. Jarrett
was a passenger in the van and sustained injuries, along with
three staff who also sustained minor injuries. Jarrett is
represented by counsel.
TRENTADUE, Kenneth Michael, Register Number 51098-098 - Jesse
Trentadue is making claims on behalf 'of various family members
and himself for the alleged wrongful death of his brother at FTC,
Oklahoma city on August 21, 1996. Mr. Trentad~e is an attorney
in the Salt Lake City area.
(T-SCR-96-322)
EDWARDS, Bruce, Register Number 11568-064 - Claimant seeks three
million dollars for alleged exposure to a pesticide. He states
that he was exposed to pesticides while his housing unit at FCl,
Seagoville was being sprayed. Investigation of the claim
revealed that the spraying did occur on December 5, 1994, while
the Safety Office was conducting its"quarterly fogging of the
utility tunnels. Smoke was observed by staff and the unit was
evacuated. However, one inmate (not the claimant) suffered a
seizure and 14 staff members who responded to the alarm developed

2915

8

(

respiratory problems, along with nausea and headaches as a result
of inhaling the pesticide. Four staff members and one inmate
were transported to a'local hospital via ambulance and ten staff
were transported via POV. The four staff members and one inmate
were admitted to the hospital overnight for observation. On
December 6, 1994, a OSHA field investigator arrived at the
institution to conduct a preliminary investigation. On
December 7, 1994, the OSHA investigator, an institution Safety
Office staff member, and. a member of the Executive staff
conducted a walk through the tunnels and later interviewed four
staff members. On December 9, 1994, the OSHA investigator
returned to the institution to conclude his investigation and
stated that no violations had occurred and therefore no citations
were issued.
On December 6, 1994~ claimant complained of chest pains,
shortness of breath, and throat irritation. A medical
examination revealed that his throat was without irritation and
his lungs were clear. The assessment was allergic rhinitis. He
was treated with medication, which he refused. Records further
indicate that on the date of the incident claimant did not have
any symptoms. Claimant was examined several more time for the
same symptoms, but medical staff determined that his condition
was unrelated to his resmethrin (pesticide) exposure.

c.

According to the manufacture of resmethrin, at very high doses,
resmethrin might cause transitory symptoms such as those
associated with hay fever. However, the symptoms usually resolve
within hours of exposure. There are no residual effects
resulting from exposure. (T-SCR-96-148)
TORT CLAZH SETTLEMENT

Inmate Maria Mullins, Reg. No. 12964-0776, from FMC, Carswell
filed a miscellaneous-personal property tort claim the sum
certain was $290.40. It was settled for $88.00.
SITUATIONS OF INTEREST

FMC, Carswell - Conchita Washington filed Constructive Notice and
Demand regarding access to court issues.
On October 1, 1996, united States Magistrate Judge Charles Bleil
and his staff visited FMC, Fort Worth.
Magistrate Robert Faulkner paid a personal visit to two inmates
at FPC, Texarkana. After his visit, he met with Warden Conner as
a courtesy.

2916

9

(-

SIGNZFZCANT ADHZNISTRATIVE REMEDIES
Melvin Deutsch, Case No. 118064-Fl, complaining of the Common
Fare program at FMC, Fort Worth. He presents a myriad of
complaints.

(

..

2917

Tort Claims Fourth Quarter - FY96 (July 01, 1996 - September 30, 1996)

r~
(~

. ;CR

I

Num
133

PP
95

PI
24

.' PPPI

we

2

Med
1

Set

10

12

Amnt
2148

variable Definition
Num
PP
PI
PPPI
WD
Med
Set
Amnt
Pen
Den
OD
A/O
A/P
~ Med

Pen

Den

166

41

00

0

A/O

A/P

32

131

Time Period

-

Number of claims filed ••.•••••• 07/01/96
Personal Property claims ••••••• 07/01/96
Personal Injury claims ••.•••••• 07/01/96
Both PP & PI claims •••••.•••••• 07/01/96
Wrongful Death claims •••••••••• 07/01/96
Medical claims ••••••••••••••••• 07/01/96
Settled/a~proved claims •.•••••• 07/01/96
Amount pa~d •••••••••••••••••••• 07/01/96
Pending/open claims ••••••. ~.....
~.
Number of claims Denied •. ":..... 07/01/96
- Number of claims OverDue ••••••• ".
••
- Avg number of days Overdue ••••• 07/01/96
- Avg number of days to Process
07/01/96
= PIM+ WDM+ PPPIM+ PPWDM
• Press any key to continue

(.

(
2918

=< D Accept <= 09/30/96
=< D-Accept <= 09/30/96
=< D-Accept <= 09/30/96
=< D-Accept <= 09/30/96
=< D-Accept <= 09/30/96
=< O-Accept <= 09/30/96
=< D-Closed <= 09/30/96
=< D-Closed <= 09/30/96
Entire Database ~~
=< D Closed <= 09/30/96
Entire Database ~~
=< D_Closed <= 09/30/96
=< D Closed <= 09/30/96
~ WO = WD+ PPWD
~

U.S. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
October 15, 1996

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRE
CENT 0

GENERAL COUNSEL

FROM:

Mich a D. Hood, Regional Counsel

SUBJECT:

Quarterly Report for July - September, 1996

Attached is our quarterly report for the above-noted months.
Attachments

2907

LSTX0A21011
LOC NUN HC 'FTC I B/V 0TH iANS I PEN I
ICCR
NER
SER
NCR
SCR

49

26

6

117

1

33

cLn 1

H/T I SET I

265 1 10

AWD

12

CO

SLIzamm Anus=
RUMUZIOXI

NARRATIVE ATTACHED ON SEPARATE PAPER

LOC - LOCUM=
NON - MOM OP TOTBL WarsorTs 711,20 ix QUART=
HC - WMOONLow RUMS =UM ACTIONs pm=
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dU1' 07 ?SCI AOTTON. PILED
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Bma =KM OP 24720=700x assomps ocoapLninD
WIN - MEM=
CLD - =NM OP ACM= =Os=
E/? =WM OP MUM OR TRUED =CLODS EVIO IN NARRATIVI)
SET - =CM OP OXIMMERWS (EL= MO IS WARRATIVW)
AWD MOM or aims (IDOL= tRWO IN WARRATIVR)
COVIMOODUW ACTION AND DAVI op ACT= - (IECLUDZ I2t NARRATZVZ)

LITIGATION NARRATIVES
JULY 1, 1996
SEPTEMBER 30, 1996
SIGNIFICANT CASES

Loren Green v. U.S., 4:96-CV-412-E (ND/TX)
Claims Bureau of Prisons negligence when he scalded himself in
bath tub.

James B. Mitchell v. Officer Tonva, et al., 4:96-CV-367-A (ND/TX)
Alleging his constitutional rights were violated when
correctional staff in the SHU confiscated legal materials with
other inmates' names on them.

Wilson v. BOP, 4:96-CV-459-A (ND/TX) and Havrilchuck v. Reno,
4:96-CV-476-Y (ND/TX)
Both are cases dealing with one-year sentence reduction for DAP
completion.

Tinsley v. Pittari, et al., 4-95-CV-907-E
Tinsley filed several additional pleadings and responses. The
institution notified the plaintiff that her requested September
religious observance would not be granted. The case was
dismissed on October 8, 1996.

Haughton v. Hawk, CIV-96-25-R (WD/OK)
We received another affirmative judgment (our first out of WD/OK)
regarding 18 U.S.C.
3621(e) and the year off for drug
treatment.
CASES WITH SETTLEMENT OR AWARD

Fuller v. USA, CA No. 95-2107-PHX (D/AZ)
This FTCA personal property case was finally settled and
dismissed on July 22, 1996, for payment of $450.00. It involved
a missing ring.

Artino v. USA, CA No. 96-WY-4-CB (D/CO)
FTCA medical malpractice case, in which plaintiff alleged we
failed to diagnose kidney stone, leading to necrosis of kidney.
We were unable to obtain expert testimony to support our
treatment, and settlement authority was granted by Central Office

2909

2
July 31 for $90,000. We have just received word that the case
has been settled for approximately $105,000, and have a call in
to the Assistant U.S. Attorney to reconcile this discrepancy.
CASE WITH HEARING OR TRIAL

Fuller v. Martyn, et al., C.A. No. C-95-603 (SD/TX)

An evidentiary hearing was conducted on September 25, regarding
the inmate's allegation of substandard medical care. The judge
(a former registered nurse) has taken an unusual interest in this
case. The three named defendants are the HSA, Medical
Technician, and Chief Physician at Three Rivers. We continue to
argue that plaintiff received appropriate care, and, furthermore,
that all defendants are entitled to qualified immunity. This
case bears close watching, given the reputation of the Judge
(Janis Graham Jack), who, we have been informed, was recently
reversed by the 5th Circuit when she held an AUSA in. contempt.
Zacher v. Hawk, et al., C.A. No. C-96-40 (SD/TX)

A Spears hearing was held on this case on September 25. It was a
rambling, baseless complaint, alleging improper classification,
transfer, etc. The hearing was held before Judge Janice Graham
Jack (see note above from Fuller v. Martyn case). The hearing
was continued because plaintiff did not have his legal materials
with him (he had been transported by the Marshals, who did not
insure that his legal materials traveled with him). At second
hearing, case was dismissed by Judge Jack.
Okonofua v. U.S., 4:96-CV-037-A (ND/TX)

A "trial" of this FTCA property claim was held before Judge
McBryde on September 23. The inmate had filed suit for over
$1,000.00 for lost property. We acknowledged that certain
property had been lost, but were unable to settle the
administrative claim or the lawsuit because plaintiff failed to
provide any proof of the value of the lost property. At trial,
the Judge awarded plaintiff $100.00 for one box of lost property,
but offset that against an award of $373.00 previously entered in
favor of the U.S.A. for attorney's fees for plaintiff's earlier
failure to respond to discovery. Thus, the net judgment was in
favor of the U.S.A. for $273.00.
Muniz v. Childers, A-95-CA-0289-JN (WD/TX)

On September 27, 1996, a hearing was conducted before Magistrate
Albright in Austin. Muniz, now a free man, showed up and
requested time to respond to the defendant's pending motion to
dismiss, or in the alternative, for summary judgment. The

2910

3
magistrate gave him until October 11, at which time, if he denies
the motion, he will set the case for trial. Plaintiff filed a
response which is currently being evaluated. This case is not a
big concern however.

United States v. Rebecca Adoma, 4:96-CV-632-Y (ND/TX)
A mental health hearing was held at FMC, Carswell. She was
committed for hospitalization pursuant to 18 USC 4245.
UPCOMING HEARING OR TRIAL

Spanjol v. US, CA No. 4:94-CV-237 (ED/TX)
This FTCA wrongful death/medical malpractice case was scheduled
for trial August 12 and 13 in Sherman, Texas, but plaintiff's
counsel was disqualified in August, 1996, and the trial date has
been continued.

Schneider v. Brown, 1:96-CV-0151-C (ND/TX)
A Spears hearing will be held on October 22, 1996. This inmate
alleges he was denied water during a hunger strike.
MEDICAL MALPRACTICE LITIGATION

Richard Lee Atkins v. George Killinger, et al., 4:96-CV-397-Y
(ND/TX)
Alleging inadequate medical treatment for injuries he sustained
to his face and teeth prior to his arrival at FMC, Fort Worth;
seeking $50,000 in general damages, punitive damages, and legal
costs and expenses. In addition to federal defendants, Atkins is
suing officials from the Mansfield Law Enforcement Center.

Carter v. Medical Review Board, et al., 95-CV-781-E (ND/TX)
Numerous complaints ranging from negligence in regard to her
claustrophobia and sore gums to her denial of short line meals.
MEDICAL MALPRATICE TORT CLAIMS
LITTRELL, Okie, Register Number 13227-075 - Claimant submitted
his claim to the Central Office, who in turn forwarded it to the

South Central Regional Office, North Central Regional Office, and
the Mid-Atlantic Regional Office. Claimant alleges that while he

2911

4

was housed at FDC, Oakdale, Marion Camp, and FPC, Millington,
Bureau of Prisons medical staff failed to diagnosis that he was
suffering from throat cancer. Mr. Littrell is represented by
counsel and seeks $300,000.00 for personal injury. Initial
investigation by staff at FMC, Fort Worth has indicated that
there may be some negligence on the part of medical staff at FDC,
Oakdale. Mr. Littrell was examined at FDC, Oakdale and staff
diagnosed a swollen tonsil, and after he transferred to FPC,
Millington he was diagnosed with a tumor on his tonsil. This
investigation is in the beginning staff and medical staff at FMC,
Fort Worth are currently doing a comprehensive review of the
medical file. (Claim Number T-BOP-96-168)
BURT, Richard, Register Number 02403-095 - Claimant alleges that
when he arrived in the Bureau of Prisons, "officials" were made
aware that he suffered from ulcers. He further states that
medical staff at FCI, Texarkana were medically indifferent by
failing to provide him with medical treatment to prevent the
perforation of the ulcer several weeks later. He is seeking
$600,000.00. (Claim Number T-SCR-96-352)
SALDIVAR, Heriberto, Register Number 41673-079 - Claimant alleges
that on February 15, 1996, he broke his foot and went to the
Health Services Department for treatment. He claims that medical
staff diagnosed his foot as only sprained and that he now has
permanent damage. He seeks $25,000.00 compensation.
Investigation of the claim revealed that claimant received
appropriate treatment and care. Claimant injured his ankle on
the handball court and then walked to the Health Services
Department , which is approximately 100-150 yards from the
handball court. He was instructed to return to his housing unit
and obtain a pass in order to be evaluated as an "emergency." He
later returned with a slight limp, but without limping, gross
deformity, or swelling. His range of motion was normal. He was
treated with an ace bandage, anti-inflammatory medication, and
instructed to use ice. He was placed on idle status for one day.
The next day he returned complaining of more swelling and pain.
Examination revealed swelling and tenderness, range of motion and
circulation were good. A routine x-ray was ordered. The x-ray
was taken on February 21, 1996, and a spiral fracture of the
distal fibula, which remained non-displaced was revealed.
Claimant was placed in a short leg cast and issued crutches and
checked periodically. He had no further problems during his
course of recovery. The cast was removed on March 27, 1996, and
an x-ray was taken. The x-ray revealed good callous formation.
Rehabilitation exercises were initiated. He regained full
function and use of his right ankle. (T-SCR-96-156)

2912

5

CRIMINAL MATTERS/PROSECUTIONS

FCI, Three Rivers
FBI has completed additional investigation into Garcia-Chavez
homicide. It is anticipated that the case will be presented to
the Grand Jury the week of August 14, 1996.

Garcia-Chavez homicide was rescheduled to go before the Grand
Jury on September 25, 1996.
FMC, Fort Worth
Paulo Gutierrez, Reg. No. 22336-080, referred to FBI on
June 16, 1996, for possible prosecution for ingestion of heroin
balloons.
FPC, Bryan
Ron Schielack - This individual is accused of engaging in sexual
relations with inmates who worked for him in the warehouse. He
was the warehouse supervisor until he was approached regarding
these allegations. At that time he resigned from the BOP. The
case did go before the Grand Jury, and an Indictment was handed
down. Mr. Schielack is expected to enter a plea in this case in
the very near future.
- This individual is accused on engaging in sexual
relations with inmates at FPC, Bryan, particular) one who he
knew before he became a Correctional Officer.
has been
on home duty for approximately four months. The
gent Warren
and AUSA Doyle (SD/TX), are still attempting to gather sufficient
evidence to pursue formal criminal charges.

Ron Schielack, former warehouse supervisor, entered a guilty plea
to two counts of a four counts indictment charging him with
violation of 18 U.S.C. 2243(b), Sexual Abuse of a Ward.
Sentencing is scheduled for December 6, 1996.
There is no change in the
case. 111111kremains on
home duty pending a decision by OIG as to whether charges will be
filed.
A Physician's Assistant,
has had allegations
raised by at least two inmates that he "molested" them while
performing vaginal and rectal examinations. OIG was in the
institution a few weeks ago to administer polygraphs to the
inmates. Preliminary indications reveal no sign of deception on
their part.
has declined to be polygraphed.

2913

6

FMC, Carvell
United States v. Bridgett Bradford, 4:96-CR-077-E
We are working with the AUSA setting up staff interviews and
releasing subpoenaed documents. The AUSA and Warden have decided
not to prosecute this.

PC', El Reno
Inmate Dennis Sells, Reg. No. 06113-062, escaped 1991, and still
at large.
Inmate Antonio Wilson, Reg. No. 07191-062, accused of
assault/introduction of drugs and indictment is outstanding.
Inmate James Jones, Reg. No. 07148-062, accused of introduction
of drugs and indictment outstanding.
Inmate William Hardwood, Reg. No. 03271-063, camp walk away and
still at large, indictment outstanding.
Inmate Mark Robitalle, Reg. No. 07382-062, camp walk away and
still at large, indictment outstanding.
Dennis Sells, Reg. No. 06113-062, Camp Escape. USM is
investigating.
Antonio Wilson, Reg. No. 07191-062, Assault/Introduction Drugs,
FBI has accepted.
James Jones, Reg. No. 07148-062, Introduction Drugs, FBI has
accepted.
William Hardwood, Reg. No. 03271-063, Camp Escape, FBI has
accepted.
Mark Robitaille, Reg. No. 07382-062, Camp Escape, Judge does not
want to pursue since he is terminally ill; inmate is at
Springfield.
FCI, TEXARKANA
On August 6, 1996, two inmates assaulted another inmate with a
single edge razor blade. The inmate received lacerations to his
left facial cheek and left side which required sutures to
close. On August 7, 1996, the FBI responded and it was accepted
for prosecution on September 10, 1996.
On September 11, 1996, The Grand Jury indicted inmate Ronald
Pereira, Reg. No. 35839-004 for Possession of a Weapon. The

2914

7
Grand Jury declined prosecution of Pereira and inmate Victor
Ortega, Reg. No. 99878-024, on the Assault charges.
On August 3, 1996, staff observed a vehicle drop a package at the
perimeter of the Federal Prison Camp. The package contained a
375m1 bottle of Crown Royal whiskey. It was determined that the
vehicle belonged to Curtis and Cassandra Rawls, relatives of
inmate Derrick Rawls, Reg. No. 12480-076. The incident was
referred for prosecution on August 28, 1996. On September 12,
1996, prosecution was declined.
On September 13, 1996, an inmate was assaulted while on the
Recreation Yard with what was believed to be a weight. The
inmate was struck three times on the head which required twenty
sutures to close. The incident was referred for prosecution on
September 13, 1996. During the interview with the victim by FBI,
the victim refused to cooperate should this incident proceed to
trial. Thus, prosecution was declined.
SIGNIFICANT TORT CLAIMS
Inmate Arthur Mosley, Reg. No. 63058-061, from FCI, El Reno has
filed a tort claim (T-SCR-96-13). Medical malpractice case; We
requested authority to settle because PA did not have privileges
to perform surgery. He is seeking $60,000.000. Settlement has
been approved for $6,000.
Danny Jarrett, T-SCR-96-304, alleging negligence of the part of
the government driver in an accident which occurred in February
1995. This accident was the result of a third-party who slammed
into the rear of the government van, causing it to flip. Jarrett
was a passenger in the van and sustained injuries, along with
three staff who also sustained minor injuries. Jarrett is
represented by counsel.
TRENTADUE, Kenneth Michael, Register Number 51098-098 - Jesse
Trentadue is making claims on behalf'of various family members
and himself for the alleged wrongful death of his brother at FTC,
Oklahoma City on August 21, 1996. Mr. Trentadue is an attorney
in the Salt Lake City area. (T-SCR-96-322)
EDWARDS, Bruce, Register Number 11568-064 - Claimant seeks three
million dollars for alleged exposure to a pesticide. He states
that he was exposed to pesticides while his housing unit at FCI,
Seagoville was being sprayed. Investigation of the claim
revealed that the spraying did occur on December 5, 1994, while
the Safety Office was conducting its'quarterly fogging of the
utility tunnels. Smoke was observed by staff and the unit was
evacuated. However, one inmate (not the claimant) suffered a
seizure and 14 staff members who responded to the alarm developed

2915

8
respiratory problems, along with nausea and headaches as a result
of inhaling the pesticide. Four staff members and one inmate
were transported to a local hospital via ambulance and ten staff
were transported via POV. The four staff members and one inmate
were admitted to the hospital overnight for observation. On
December 6, 1994, a OSHA field investigator arrived at the
institution to conduct a preliminary investigation. On
December 7, 1994, the OSHA investigator, an institution Safety
Office staff member, and .a member of the Executive staff
conducted a walk through the tunnels and later interviewed four
staff members. On December 9, 1994, the OSHA investigator
returned to the institution to conclude his investigation and
stated that no violations had occurred and therefore no citations
were issued.
-

On December 6, 1994, claimant complained of chest pains,
shortness of breath, and throat irritation. A medical
examination revealed that his throat was without irritation and
his lungs were clear. The assessment was allergic rhinitis. He
was treated with medication, which he refused. Records further
indicate that on the date of the incident claimant did not have
any symptoms. Claimant was examined several more time for the
same symptoms, but medical staff determined that his condition
was unrelated to his resmethrin (pesticide) exposure.
According to the manufacture of resmethrin, at very high doses,
resmethrin might cause transitory symptoms such as those
associated with hay fever. However, the symptoms usually resolve
within hours of exposure. There are no residual effects
resulting from exposure. (T-SCR-96-148)
TORT CLAIM SETTLEMENT

Inmate Maria Mullins, Reg. No. 12964-0776, from FMC, Carswell
filed a miscellaneous-personal property tort claim the sum
certain was $290.40. It was settled for $88.00.
SITUATIONS OF INTEREST

FMC, Carswell - Conchita Washington filed Constructive Notice and
Demand regarding access to court issues.
On October 1, 1996, United States Magistrate Judge Charles Bleil
and his staff visited FMC, Fort Worth.
Magistrate Robert Faulkner paid a personal visit to two inmates
at FPC, Texarkana. After his visit, he met with Warden Conner as
a courtesy.

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9
SIGNIFICANT ADMINISTRATIVE REMEDIES
Melvin Deutsch, Case No. 118064-F1, complaining of the Common
Fare program at FMC, Fort Worth. He presents a myriad of
complaints.

2917

Tort Claims Fourth Quarter - FY96 (July 01, 1996 - September 30, 1996)
Loa
SCR

Num PP PI PPPI WD Med Set
133

95

24

2

1

10

Variable Definition

Amnt Pen Den OD A/O A/P
12

2148 166

41

0

32 131

Time Period

Num - Number of claims filed ....... 07/01/96 =< D Accept <= 09/30/96
PP - Personal Property claims ..... 07/01/96 =< D Accept <= 09/30/96
PI - Personal Injury claims ....... 07/01/96 =< D Accept <= 09/30/96
PPPI - Both PP & PI claims ........... 07/01/96 =< D Accept <= 09/30/96
WD - Wrongful Death claims ........ 07/01/96 =< D Accept <= 09/30/96
Med - Medical claims ............... 07/01/96 =< D Accept <= 09/30/96
Set - Settled/approved claims ....... 07/01/96 =< DClosed <= 09/30/96
Amnt - Amount paid .................... 07/01/96 =< DClosed <= 09/30/96
Pen - Pending/open claims ................  Entire Database 44
Den - Number of claims Denied ....... 07/01/96 =< D Closed <= 09/30/96
OD - Number of claims OverDue
...........  Entire Database 44
A/O - Avg number of days Overdue .... 07/01/96 =< D Closed <= 09/30/96
A/P - Avg number of days to Process .. 07/01/96 =< D Closed <= 09/30/96
_
 Med = PIM+ WDM+ PPPIM+ PPWDM
 WD = WD+ PPWD

Press any key to continue •
—

—

—

—

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u.s. Department of Justice

<I

Federal Bureau of Prisons

South Celllra/ R~gional Office

Dallas, Taos 75219

January 16, 1997
MEMORANDUM FOR WALLACE H. CHENEY
:

ASSISTANT~ENERAL COUNSEL

FROM:

~e~D.

SUBJECT:

Quarterly Report for October - December, 1996

Hood, Reqional Counsel

Attached is 'our quarterly report for the above-noted months.

Attach1l1ents~

NaN 7540~'-31 )'-7.U;8

5000-101

GENERA( EAVICES ~DMII\IIS

P.01

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I

LITZGATZON HARRATZVBS

I

i.

OCTOBER 1, 1996 - DBCEHBBR 31, 1996

I

!

SIGNIPZCAHT:CASES
!
I

Veteto v. Ralph, 92-1139-A (WO/OK)
!

Case arising out of El Reno resurfaced; District court decides
that case h~s merit after four years dormancy. Key issue is

·proper serv~ce of process to all named defendants where
defendants ~re now all in various locations throughout the
Bureau, and!some have resigned.

stewart v. Ralph, EP-9S-CA-453F (WD/TX)
!

The case is !interestinq because it is based on a Hindu inmate's
complaint that the common fare ~eal plan violates his 8th
Amendment r~qhts because it contains items such 'as meat, fish, .
poultry, e9~s, onions and garlic that may not be offered before
God in prayer. The inmate also complains that he is not allowed
to remove offensive items from his tray for fear of beinq removed
from the co~mo~ fare meal plan.

v.

Terise Ahr
Federal Bureau of Prisons, 43932-272, District
Court of Brazos County, Texas
This is a c.se which has been filed in state court in regard to
the Bureau/~ alleged failure to comply with the terms of a
settlement ~greement between Ms. Ahr, a former employee, and the
Bureau. We :are working with the Assistant U.S. Attorney I Robert
Bernard, to ~have the case removed to Federal court. Following
the removal/~ we will respond to the merits of. the case .
. Loudermilk

V:.

Franco, EP-96-423-H

Received a favorable decision. The case involved early release
under J621(~), and our decision not to place the inmate in a
halfway house for transitional services.
I

Daas v. SCOtt. at a1., C.A. No. CV96-0724 CWD/LA)
Plaintiff is a detainee at Foe Oakdale. He has alleqed that he
has been re~aliated aqainst (in the form of disciplinary action
and AD placement) for filing lawsuits/grievances. The Magistrate
Judqe has t~en a particular interest in the case, and a motion
to dismiss bias been filed, along with a "Report" detailinq the
reasons for ~laintiff's latest placement in AD.
William Pau~ Shaver v. united states Bureau of Prisons. et al.,
C .A. No.4: 9!6CV419
I

(ED/TX)

In this Habeas action, the inmate alleges he is improperly
incarcerated. He asserts that the petition for revocation of

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supervised ~elease ~as filed more than five months after the
supervision ishould have been terminated.,
l

FMC Fort Wo~th has received 10 Haheas Corpus petitions requesting
deportation jpursuant to the new INS procedure.

CASB WITH S.TTLEMEKT DR AWARD
,

Velleqa9 v. '~ardep, 96-13S9LC CWD/LA)
i

We received ;an adverse decision in this 3621(e)e case out of the
Western Dis~rict of Louisiana, Lake Charles Division. The court
relied upon ithe reasoning of Downey, held that the language of
3621.(e) is not ambiguous (i.e., that the t.erm "crime of violence"

has an accepted meaning and definition), and that our
interpretation "conflicts with the plain language of the
statute." Tohe court then went on to order that the inmate qet
the one year reduction. Our motion for reconsideration has been
denied.

u.s.

Attorney's office is recommending appeal.

Car4ofta-SaD~oval

v. Brush, No. 96-1583 CWO/LA)

an

We received
adverse decision on this habeas case. The
offender ~aSi on parole, qot picked up for committing a crime
while on pa~le, and received a sentence for that new crime. The
Parole Commi~sion took a long time to file a parole violator
detainer, a~ the new conviction was subsequently overturned. We
gave the inmate credit aqainst his parole violator term for all
days after the filing of the parole detainer, but not any time
prior to fil!inq of the detainer. The USPC asked us to nunc pro

tunc the de~ainer 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! US PC to take the inmate's "dead time" into account
in imposing ~e 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 appeal. The
inmate was originally scheduled for release on November 25, 1996.
This moves h~s release date up by about a week or 2. Since he is
being turned: OVer to INS for deportation back to Columbia, all
this does is: move the deportation up by a ·week or so.
CASE

W%~H

HBARXNG OR TRXAL
l
GlenD B. Zacher V. Kathleen Hawk, et a1., C.A. No. 96-405

A spears hearing was conducted on october 8, 1996.
dismissed.

Case

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L.J. an4 "yle~e Carter Y. DSA, C.A. No. LR-C-95-407 (ED/AR)

A bearing was held on october 23, in Little Rock, Arkansas. This
is the case/in which we assessed sUbsistence fees aqainst 2
defendants ~ho were direct court commitments to the CCC, despite
the fact that the J&C imposed a fine, ana contained the standard
language "THis fine includes cost of incarceration and/or
supervision.!" The hearin9' went surprisingly well, but we are in
the.p:ocess ;of supplementinq the record (the Judqe asked for
add1t1onal ~ocumentation) and no ruling has been issued yet.

u.s.

v. Joseph Clinton .einm~DsoD, III, CR. No. 96-10008-01
CWO/LA)
,

A hearing w~s held on october 29, in shreveport, Louisiana. This
criminal ca~e involved Sentencinq Guidelines issues, and the
Judqe's des~re that the defendant serve his term of imprisonment
in a ecce aecause of the nature of the defendant's offense
(possession !of child pornography), we did not follow the Judqe's
"recommendat!ion" for halfway house placement. Other issues
(e.g., a cl~im· by the USPO that We had "promised'· to place this
inmate in a ~CCC) were also involved. At the hearinq, the Judge
resentenced ~he defendant to probation with a condition of one
year CCC pl~ement.

whitney Broabh v. Cbristopher M. zepher. at al.,
C.A. No. H-9~-1450 (SD/TX)
!

An emerqenc~ telephone hearinq was conducted on October 11, as a
result of pe~itioner's emergency petition, askinq that the Bureau
of Prisons nOt release her. Ms. Broach claimed that she was in
need of sur~ry for removal of leaking breast implants (true),
and that thei Bureau of Prisons had an obligation to pay for her
surgery. Th~s, she sought an order that she be kept in custody
so that the surgery could be performed at the government's
expense. Th~ Community Corrections Office in Houston was
instrumental in gathering information on extremely short notice
(approximate~y 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.
A Spears hearing was held December 30 on this case which was
originally f~led 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 surqery for removal
of leaking breast implants. No rulinq has been issued yet, but
we are extremely confident that the court will dismiss the case
as to the BO~ defendant.

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Va11ier v • •arris, at al., No. A-93-CA-41 CWO/TX)
i

~e pre~aile4 on all claims in this BiYens case.

The case,
1nvolv1nq a~le9ations of deliberate indifference to medical neeas
(failure tOidiaqnose and/or treat a heart attack) was handled by
Martin Swea~ey (FCl Bastrop) and Assistant u.s. Attorney Harold
Atkinson. ~n addition, our Honors Attorney, Marsha Foulks,
attended the trial, (conducted November 12 and 13) and sat as 3d
chair. Aft~r several hours of deliberation, the 6 person jury
ruled in favor of our staff members on all claims. The inmate
was represe~ted by counsel.
HED%CAL HALPRACTZCB
Torts:

Inmate Rich~rd Burt, Reg- No. 02403-095, of PCI Texarkana,
requests $6QO,OOO.OO for personal injury for alleqed medical
indifferenc~. . He claims medical staff failed to treat him for
ulcers resulting in emergency surgery for an ulcer perforation.
He claims h~ is not treated for severe arthritis or a skin
disorder. ~nvestigation is pending(T-SCR-96-352)
Inmate Edwa~d Funches, Reg. No. 37764-054, from FMC, Fort worth
has filed a ~tort claim alleqing that medical staff failed to
properly treat him for a decubitus ulcer and as a result he was
required to iunderqo a surgical procedure. He is seeking $1.5
million in ~amaqes.
(T-SCR-96-415)
Inmate Jose Reynoso-olascoaqa, Reg. No. 64714-079, from Fe!, Big
spring has filed a tort claim alleging that he did not receive
adequate tr~atment for a broken jaw.
Mr. Reynoso~lascoa9a alleges that on May 11, 1996, while he was
walking on ~e track at Fe!, Big spring, he was struck with a bat
thrown from ~he adjacent softball field. The inmate was taken to
a community ~ospital, but there was no dentist or oral surgeon
available a~d the inmate was given a pain medication and ice pack
and sent ba~k to the institution for the night.
The inmate was examined the next day in the institution hospital,
and the .edi~al staff advised him that his jaw would have to be
wired closed. The inmate refused the procedure at that time. It
is unknown 1~ the procedure was later performed. The inmate is
seeking $10 million in damages. "CT-SCR-96-430)

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L:tTIGATION:
Johnigan v. :Trueblood, at al., No.3 :96-CV-2434-T
Plaintiff alleges medical staff misdiagnosed his broken foot and
he sUffered :severe pain as a result.
CRIMINAL

MA~TERS/PROSECUTIONS

FPC BRYAN
As sistant U.:s. Attorney Gerald Doyle, southern District of TexasHouston, deSlined pros e cution in the Vincent Rosas case.
'
Mr. Doyle cfted the lack o f credible and forthcoming witness
testimony as the basis for not prosecuting. However, new
information ,has surface d and the matters will be represented to
the u.s. Attorney's Office. We have issued a letter to Mr. Rosas
proposing t~rmination. Vincent Rosas has been issued a proposal
letter indicating he will be terminated on December 27, 1996. He
appeared and provided a re s ponse to Warden Beasley regarding the
proposal on :December 17, 1996. A letter regarding the tinal
decision is :in the review process, and should be issued within
the next few days.
Ron Scheilack, former Materials Handler supervisor, was sentenced
on December :6, 1996, to a five year term of probation, 4 months
home confin~ment, and fined $2,000. He is also prohibited from
seek i ng emp~oyment with any Federal, state or local law
enforcement ~ agency during the term of his probation.

~
. .

I\~

ion into allegations of sexual impropriety by
Physician Assistant, continues.
alA agents and an\(I
AU
rom Main Justice (Civil Rights) will be in the institution ~
during the ~ eek of J a nuary 19971 1 l 'nterview the Subject and
others. As :an offshoot of the
cl l l i lations
l l of sexual
impropriety have been raised ag
correc. o·al
Officer. D~ring an interview of an i
1nvo ve in the
case, a sem~n sample _
v i ded by the inmate who claimed
had been frQm Officer
. OIG and the FBI. have confirmed
that the sample is sem
an 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 . . . . . . ,
FMC CARSWELL
staff Chapl~in may be indicted under 18 usc section 2243(b),
seXual Abus~ of a Ward, and/or a misdemeanor regarding making
false statenent
during an official investigation.
,

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FCZ EL RDO ;

Ramos-Juarez, Raul, Reg. No. 56817-079, Possession

FBI

accepte~.

Muniz, Edwa~do, Reg. No.
!J.ccepted.
.

69237~080,

of Weapon,

Possession of Weapon, FBI

watts, Chri$topher, Reg.·No. 25757-077, Assault on Inmate, FBI

declined -

~o

staff witnesses.

R~cky,
investiqati~9·

Hilliard,

Reg. No. 12401-076, Possession of Narcotics, FBI

Erving, Anthony, Reg. No. 18804-016, Assault on
aec:epted ..

~nmate,

FBI

Se11s, Dennis, Req. No. 06113-062, Camp Escape, USM
investiqatinq.
Ant~nio,

wilson,

Drugs, indi~1:ed.

Req. No. 07191-062, Assault/Introduction of

Jones, James~, Req. No .. 07148-062, .Introduction of Druqs, FBI
indicted ..
Ju~, Reg. No. 22720-077, Introduction of DrugS/Assault,
indicted. ~dwood, William, Req. No. 03271-063, Camp Escape,
FBI acceptedi •

Luevano,

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

Virginio, Reg. No. 60665-080, Camp Escape, USM

investigating.
Aerceo, Elida, Reg. N·o. 76999-080, camp Escape, USM

investigatingFHC FORT WOR.'l'H

The FBI has declined to prosecute for injestion of heroin
balloons Gutiierrez, Paulo, Reg. No. 22336-080. The Warden is
aware of th~ declination.
Fez OAKDALB ;

Inmate Soeunq Chhunn, Reg- No. 05755-041, stabbed inmate Jonathan
Lock, Reg. N~o. 10020-265, on the SHU recreation yard in November,
1996.. The i~vesti9ation has been referred to the FBI. The

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investiqatian should soon be completed and the case forwarded to
the U.S. At~orney's Office.
Inmate Donald smith, Req. No. 10043-078, walked away from the
camp. This ;camp inmate was on an "extended unapproved furlough"
in early De¢ember, 1996.
(He went to visit his wife in
B~aumo~t).
:Initially referred to FBI because of possible
k1dnap1nqi nowever, once that was disproved, the FBI backed out
of the pioture. The institution then referred the complaint to
the u.s. Marshal's Service. The investiqation should be complete
or very c1o~e to beinq completed. It will then be forwarded to
the u.s. At~orney/s Office.
FTC OKLAHOD

One matter ~f sexual assault was referred to the FBI, but the
matter was declined and referred to the Oklahoma city Polioe
Department i~stead.

Two incidents were reported to the FBI, one inmate assault on
inmate and o.ne inmate assault on staff for spittinq. The 'FBI
decided not to submit these matters to the u.s. Attorney's Office

for prosecutJion.

FCl:

TE~

Several matters were referred to the
prosecution. :

u.s.

Attorney's office for

On october 16, 1996, four balloons containinq .arijuana 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. Att~rney'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
oombination ~ock and a clothes iron. The assault was reported to
the FBI on October 21, 1996. The FBI declined prosecution.

On November ~2, 1996, Inmates Cordona-Rodriguez, Reg. No. 61017079, and Morris Haughton, Reg. No. 50380-079, became involved in
a heated verbal argument in the Dininq Hall. Hauqhton then
assaulted co~dona-RcQriguez by cutting him across the forehead
with a single edge razor blade. cardona-Rodriquez received 32
sutures to ~lose the wound. The incident was referred to the FBI
on November i2, 1996. On December 4, 1996, Inmate Horris
Haughton, Reg. No~ 50380-079, was indicted.

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PC% TERRB RrvBRs

On November '13, 1996, UNICOR staff observed inmates Carlos
Dolores-Rodr:iquez, Reg. No. 33472-198, and Juan Alberto Gonzales,
Reg. No. 544:31-080, in a verbal confrontation which led to inmate
Conzale~ at~mptinq to strike inmate Dolores-Rodriguez with a
screwdriver.: inmate Dolores-Rodriquez avoided the blow and
simultaneous~y struck inmate Gonzalez on the left side of the
neOk with a utility knife causing a deep laceration.
Both
inmates sepa~ated and dropped their weapons when ordered to do so
by staff.
r~ma~e Gonzales was airlifted to a local hospital.
He
has been released from the hospital and is recoverinq fro~ his
injury. Dolores-Rodriquez was treated tor 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·~ircumstances did not warrant prosecution, as the
inmate's actions wou1d be construed as self defense.
The Warden
concurs with: the decision to not prosecute the inmates . .Both
inmates are pending disciplinary action ana be recommended for
separation s~atus.
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
I

jury.

I

Thomas Su.merville, Req. No. 01970-l90, is pending prosecution
for phone/credit card fraud.
Inmate established an outside
contact whom:was employed with a moving company. This individual
provided inmate vith customer na~es, 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 occ.rred over a lonq period of time and involves the
FBI, CIA and:several state agencies. The CIA is interested in
prosecution.
8ZGBX~ICART

~ORT

CLALKS

MED~CAL

Inmate Eric ~WRENCE, Register Number 60517-080, filed an
administrative clai~ number T-SCR-96-470, on December 24, 1996,
alleging that medical staff at FMC, Fort Worth has been negligent
because he h~s received his Insulin injections two hours late for
three weeks. : He claims that his body has had to adjust to
receiving
shots later and that it is' "taxing on his system.~
He also states that because of the aedical treatment he has
received over the last four years for his diabetic condition, he
has suffered:a stroke and is now leqally blind.
He seeks sixty
thousand dollars ($60,000.00) compensation for personal injury.

the

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Inmates Gen~ GRAVENMEIR, Register Number 08224-097; George JANIS,
Reqister N~ber- 37039-198; and Robert BUTLER, Register Nu.ber
68846-079 have filed administrative tort claims alleging that
they are be~nq exposed to second hand smoke at FMC, Fort Worth.

Mr. Gravenm~ir (T-SCR-96-391) seeks $5,030,000.00. The
investiqatidn by staff at FMC, Fart 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 his~ory of hypertension, ~ajor depression, ana a previous
cerebrovascqlar accident in July 1995. On October 9, 1996,
Mr. Gravettm~ir vas referred to the institution psycho1ogist who
noted that he ~as irritable due to being housed in an area where
smoking is p~rmitted. 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. Gravenme:ir was treated on october 30, 1996, for a ru~ny nose
and he complained of inmates smoking around him. His lun~s 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 tne housing units is causing his cough, runny

nose, and wa~ery eyes. The physician noted that the runny nose,
cough, and w~tery 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 alleqes that inmates are allowed
to smoke in ¢ommon areas in the housing unit.
Robert Butler (T-SCR-96-446) seeks $286,000.00 in damages. He
bas not made: any specific allegations reqardlnq his injuries. He
simply $tate~ that he has been exposed to second hand smoke since

his first day of incarceration. We have not received an
investigation from institution reqarding this claim .
. It should be;hoted that FMC, Fort Worth implemented a non smoking- policy in Dallas and Fort Worth Units beginning
January 2, 1997.
W

APR-23-1997

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APR-23-1997

14:14

214

B.O.P.-S.C.R.O.-DALLAS

767 5053

P.15

-Tort Claims First Quarter - FY97 (October 01, 1996 - December 31, 1996)

n

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SqR

I Num
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PP

; PI

PPPI

23

86
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Med

WD

3

0

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Set
16

Amnt

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- Number ~f claiDs filed .•••••.•.
- Personal Property claims ...... .
:PI
- Personal Injury claims •••.••..•
PPPI - Both PP & PI claims ..•.....••.•
we - Wrongful Death claims ....••••.•
Med
Medical: claims ......•.•........
-Set - settle~/approved claims ....... .
.Amnt - Amount pal.d .•.••.......•...••..
Pen - Pending/open claims ........... .
Den - Number of claims Denied ....... .
00
- Number ~of claims OverDue ••.....
:pp

Den

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74

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A/O

AlP

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136

_

Time Period

Variable
:Definition
!
:
'Hum

Pen

10/01/96 =< D Accept <= 12/31/96
10/01/96 ~< D Accept <- 12/31/96
10/01/96 =< 0 Accept <- 12/31/96
10/01/96 ~< O-Accept <= 12/31/96
10/01/96 -< 0 Accept <~ 12/31/96
10/01/96 =< D Accept <= 12/31/96
10/01/96 =< D-Closed <- 12/31/96
10,/01/96 ~< 9:Closed <= 12/31/96
•• EntLre Database 44
10/01/96 ~< D Closed <; 12/31/96

••

Entire Database

~~

- Avg n~ber' of days Overdue ..... 10-/01/96 =< O_Closed <= 12/31/96
AlP - Avg n~er_ of days to Process .• 10'/01/96 =< D Closed <= 12/31/96
~ we = WD+ PPWD
• Mad = PiK+ WDH+ PPPIM+ PPWDM
A/O

.- Press any key to continue

4

TOTAL P.lS

 

 

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