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Fbop Scr Quarterly Reports 1998jan-sep

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SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
JANUARY " 1998 - MARCH 31, 1998
Second Quarter FY'98
SIGNIFICANT CASES
EnriQUe Campos Navarette v. Sam Calbone. et al., 1:97-CV-24-C.
This inmate complains about the Bureau's denial of his early
release because of an INS detainer lodged against him at
FCI Big Spring.
Gonzalez v. Slade, EP-98-CA-028-DB (WD/TX). An FCI La Tuna
inmate who received a two-point enhancement challenges his
ineligibility for 3621(e) early release.
Gatson v. Pendleton; H-97-2226 (SD/TX). An FPC Bryan inmate who
received a two-point enhancement challenges his ineligibility for
3621(e) early release.

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FCI La Tuna reports Robert Mitchell v. The United States of
America. et al., Civil Action No. EP-97-CA-4S0-H (WD/TX).
Although plaintiff's complaint raises issues regarding CCC
placement and the Inmate Financial Responsibility Program, the
significant issue raised by Mr. Mitchell is that he was not
provided adequate medical treatment for his alleged medical
condition while in Bureau of Prisons custody.
Mr. Mitchell now has Prostrate Adenocarcinoma, or cancer of the
prostrate, and his condition is inoperable. He contends the
Bureau of Prisons was negligent in not testing his high PSA
(Prostrate Specific Antigen) readings in a timely manner, and
that when such testing was ultimately completed, his cancer had
spread to a point where it could not be operated on or removed.
We have clear documentation in the medical record that
Mr. Mitchell refu~ed not one but two biopsies shortly after his
arrival which would have allowed FCI La Tuna medical staff to
treat his condition sooner.
FCI Texarkana reports Perry Montgomery v. N. L. Conner, Civil
Action S:98CV016, (ED/TX). The petitioner claims his conviction
of a'drug offense with a weapons enhancement should not be
considered a crime of violence. He requests early release.
Clyde Chase v. USBOP. This is an FMC Fort Worth FTCA case,
originally filed in December 1994, which has bounced from
Connecticut, to WD/LA, to ND/TX. Mr. Chase alleges deliberate
indifference and negligence to his serious medical needs, arising
from an accident which occurred at Fcr Oakdale in 1989.
He seeks
$30,000,000.

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Terry Cryar y. Richard Peckham, et al., Civil Action No.5:98CV003
ED/TX.
In this FCI Texarkana Bivens action, the plaintiff
alleges medical deliberate indifference and names five employees.
Specifically, he alleges he was denied high blood pressure
medication for 21 days after informing medical staff that he
required such medication. Medical records indicate hypertension
medication was prescribed; however, the inmate refused. He was
counseled and after constant refusal, referred to Psychology.
Scott v, Pendleton - C.A. #H-97-1928 (S.D. TX, Houston Division) .
This FPC Bryan inmate seeks early release pursuant to §3621(e).
Petitioner has exhausted Administrative Remedies.
Recommended
Motion for Summary Judgment based on Venegas decision.
Spears v, Pendleton - C.A. #H-97-2178 (S.D. TX, Houston
Division). This FPC Bryan inmate seeks early release pursuant to
§3621(e). Recommend Motion to Dismiss based on lack of standing
to bring suit, as Petitioner has declined RDAP participation and,
therefore, has not successfully completed the program. Also, he
has not exhausted Administrative Remedies. Motion for Summary
Judgment recommended based on Venegas decision.
Pinkston v, Pendleton - C.A. #H-97-2166 (S.D. TX, Houston
Division). This FPC Bryan inmate seeks early release pursuant to
§3621(e). Recommended Motion for Summary Judgment based on
Venegas decision.
Vernon Ray Robertson v. USA, CIV-97-1643-C.
In this FTCA case,
the FTC Oklahoma City tort claim was settled in the amount of
$1500.00, and paid toward restitution pursuant to a court order.
The case involved failure to protect issues, as he was' assaulted
by a high security inmate.

CASES WITH SETTLEMENT OR AWARD
a.

Adverse judgments

Whitley y, Flowers - In this El Reno 3621(e) case, the inmate was
denied early release eligibility due to his two point enhancement
under Section 9. Chief Judge Russell found Martin v. Gerlinski
persuasive. This ruling comes after two other judges ruled in
favor of the BOP (Fristoe v, Thompson and Owens v, Flowers). The
inmate was placed in a CCC, and we have recommended he only serve
4 months in transitional services due to the particular facts and
rulings in this case.

b.

Tort claim settlements

The Isaac Martinez medical malpractice tort from Fcr Bastrop has
been approved f.or settlement by DOJ in the amount of $275,000,

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which has previously been accepted.
prepared.

c.

Final paperwork is being

Other settlements

None

CASES WITH HEARING OR TRIAL
Angelo Rivera v, Bureau of Prisons (SD/TX), A hearing was held
on January 29, 1998. State inmate, being held by BOP, seeks
release t'o state custody', Petitioner was released to the custody
of the State of Rhode Island; hence the relief sought is now
moot.
Mediation conducted on February 18, 1998, before Magistrate Judge
in Dennis MCAnoich v. Warden Frank Woods. et aI"
C-96-132,
SD/TX, Bivens.
Inmate alleges 'inadequate/improper medical care·
and denial of medical care. Inmate was unwilling to accept BOP
offer of consultation with a specialist. Mediator referred case
back to presiding Magistrate Judge.
Pending court order for
determination of further activity in this case.
Pettigrew v, Fleming, A-97-CA-088-SS, WDTX. Habeas Corpus
petition revived by an inmate at FCI Bastrop.
In 1997, the court
ruled that the petitioner was non-violent, so the BOP sent him to
a halfway house early so he could benefit from the sentence
reduction provision of 18 USC Section 3621{e).
Petitioner
consumed alcohol while at the halfway house and was sent back to
Bastrop, where he revived his petition.' In response to a motion
for immediate release, a hearing was held. The court dismissed
the petition on the ground that the Fifth Circuit's ruling in
Venegas removed any eligibility for reduction for which the
'petitioner mayor may not have been eligiple.
A trial took place March 16-19, 1998, in Haroldo R. MartinezRodriguez v, United States, Civil No. EP-96-224-F (WD/TX)
an
FTCA medical malpractice case originatipg from FCI La Tuna.
Post
trial briefing is currently taking place. Although we do not .
expect the Court's ruling for several weeks, prior to the
completion of the government's case, the Court indicated that it
was contemplating a damage award for only a small portion of
plaintiff's requested damages, This award would be for pain and
suffering the plaintiff experienced during the eight-month period
pre~eding the time in which plaintiff was offered a surgery he
states was required.
I

MEDICAL MALPRACTICE
LITIGATION
See also significant cases heading,
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2655

cancio v. United States. et al, The plaintiff alleges medical
staff at Fer Oakdale failed to provide appropriate medical
treatment for an injured finger.
Plaintiff suffered a broken
finger.
He received prompt medical attention, but alleges
follow-up medical treatment was non-existent.
Telfair v. United States. et al, The plaintiff is paraplegic and
confined to a wheelchair. Because of this confinement, the
plaintiff suffers hemorrhoids and recurrent anal fissures.
The
plaintiff alleges he did not receive proper medical treatment and
equipment that would prevent the occurrence and reoccurrence of
these conditions. The plaintiff has filed a tort claim on the
same issues. See tort claim T-SCR-97-2S.
Reed y. Stone, A-97-CA-899-JN, WD/TX.
Plaintiff at FCr Bastrop
entered federal custody with a keloid formation on one ear.
He
brings suit against HSA for denying cosmetic surgery to remove
the keloid formation. The defense's position is that purely
cosmetic surgery is not within the scope of health services
provided to inmates.
TORT CLAIMS

c

Jorge Martinez, an inmate housed at FMC Fort Worth, alleges that
on April 9, 1997, his right hip joint was replaced by a physician
at a local community hospital. He contends that the prothesis
has become dislocated five times since the surgery because the
wrong size prothesis was implanted.
It is clear that the surgery was performed by a contract
physician, but Mr. Martinez implies that staff at Fort Worth
'delayed the surgery from October 1996 until April 1997. He
further states that in November 1997, while he was being
transported back from a local hospital, the transporting BOP
staff member failed to secure his wheelchair and the chair
overturned causing further pain. Mr. Martinez seeks ten million
dollars in damages.
(T-SCR-97~538)
Frederick Goldsby alleges he fell from his wheelchair while in
Administrative Detention at FMC Fort Worth, which is not
wheelchair accessible, injuring his rotator cuff. He further
alleges the physician assistant failed to perform the proper
diagnostic tests and he went untreated until August 6, 1997. He
claims liability in the amount of $3,500,000.
(T-SCR-98-054)
Linn Edward Davis alleges a problem with his carotid arte~y, due
to negligent treatment at FMC Fort Worth. He claims liability in
the amount of $1,500,000.
(T-SCR-98-011)

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Inmate Corrine Ford alleges that she sustained further injury to
her knee due to lack of medically accessed vans and poorly
trained staff at FMC Carswell. She claims liability in the
amount of $250,000.00.
(T-SCR-98-040)
See also significant tort claims heading.

SIGNIFICANT TORT CLAIMS
Norris McGraw, an inmate at FMC Fort Worth, alleges negligent
medical care, infliction of mental anguish, and emotional
distress.
Specifically, he alleges a Registered Nurse dilated
his eyes, resulting in an eye infection and permanent physical
and psychological injury since he is now paranoid about any
future treatment he may endure.
(T-~CR-98-009)
Dimas Sot a Valencia, an inmate at FeI Big Spring filed a medical
malpractice. claim for failing to provide adequate treatment prior
to a heart attack.
Inmate alleges nerve damage to his left arm
due to medical malpractice. He also seeks damages due to
exposure to second hand smoke. The inmate has filed a Bivens
action on this matter, and the u.S. Attorney's Office was served
on April I, 1998.
(T-SCR-98-045)

c.

Alton Oxendine alleges he fell down the second floor steps in
Dallas Unit at FMC Fort Worth because there was no light· on the
stairway and because he was housed on the second floor, in spite
of his medical condition, which has resulted in permanent
disability. He claims liability in the amount of $1,000,000.
(T-SCR-99-020)
Ann Marie Jenkins contends that she sustained a blister on her
right foot as a result of improperly fitted steel toed shoes.
Ms. Jenkins states that the blister got infected and did not
heal, and that she was transferred to FMC Carswell on July 12,
1996, for an "arteriogram and surgery on the toe.
Ms. Jenkins
continues her claim by indicating that medical staff at
FMC Carswell did not respond promptly, and her toe was amputated
on November 26, 1996. She claims amputation of her leg
was later discussed because the "arteriogram" was not performed
until February 10, 1997. Ms. Jepkins seeks $10,000.00 in
damages. . (T-SCR- 98 - 050)
It

Stephen Mason, an inmate housed at USFMCP Springfield, has
submitted a personal injury medical claim, alleging tha~ O~
November 12, 1996, he fell in the UNICOR Wa~ehouse at F2: E: Ren~
and fractured his right wrist. He contends that medica: s~a!f
failed to provide adequate medical care for 44 days, wh:c~
resulted in greater pain and anguish and possible disf~g~~~~er.t.

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Documents indicate that he did report a fall to Health Services
staff but the Physician Assistant noted that the wrist was
"bruised." The records indicate that the hand was not x-rayed
until December 10, 1996, and that a navicular fracture was
sustained. There are initial concerns that a thorough exam was
not condu~ted shortly after the injury. The amount of damages
sought is $50,000.
(T-SCR-98-091)
FMC Fort Worth inmate Linn Edward Davis alleges failure of BOP
officials to protect him from attempted sexual assault in his
room.
He claims liability in the amount of $4,400,000.00.
(T-SCR-98-078)
Sharon Gladden as personal represeneative of the estate of Joseph
Scott Gladden, deceased. Claimant is represented by counsel and
seeks $100,000.00 under several liability theories, all of which
attempt to make the United States responsible for the suicide
death of this former FCI EI Reno staff member. Mr. Gladden
committed suicide shortly after the October 1995 disturbance at
FCI EI Reno. (T-SCR~98-134)
.
Inmate Tracy Anne Dziadura is represented by counsel and seeks
$2,070,000.00 under numerous liability theories. Ms. Dziadura
states that an FTC Oklahoma City staff member raped her while she
was incarcerated at that facility.
The U.S. Attorney's Office is
pursuing criminal charges against the named staff membe~.
(T-SCR-98-135)
The Central Office and Regional Office held a teleconference
regarding settling the Norma Carter FPC Bryan tort claim for
$150,000 .. 00. A final decision is pending from DOJ ..
Susan Arocha has appointed an attorney to represent her in the
Flores-Cabrera wrongful death claim from FPC Bryan. The attorney
seeks settlement now not based solely on daughter's claim, but
also on behalf of the estate.
(T-SCR-97-376)
Larry Moore, an inmate at USP Beaumont, alleges medical
negligence in treating a nail fungus and buttocks rash and seeks
$500,000.00. Claim is significant because it is the first·
medical negligence claim which involves actions of the
independent contractor, University of Texas Medical Branch.
The
investigation of this claim will be limited to determining
whether government staff overstepped the bounds of the
contractual relationship in providing health care to the inmate.
Presumaply, the claim will be denied based on the independent
contractor exception to the FTCA.
(T-SCR-98-111)
Inmate Dimas Soto Valencia claims medical malpractice for care
received at FCI Big Spring, which led to a heart attack.
Inmate
is seeking $30,000,000. The case is being reviewed by the

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Regional Health Services Administrator. We anticipate some
problems with this case.
(T-SCR-98-04S)

".

Michael Kennedy at FCI Oakdale alleges his refusal to be placed
in restraints for outside medical trip forced him to refuse
medical treatment. He alleges that because did not receive
medical treatment, he continues to suffer pain and have
difficulty in walking.
Inmate is seeking $2,500,000. Many
aspects of the claim are in litigation in the Western District of
Louisiana. (T-SCR-98-073)
See medical malpractice tort claim heading.

SIGNIFICANTADMINISTRATIYE REMEDIES
Kamal Patel an inmate at FMC Fort worth has filed three pending
Requests for Administrative Remedy, all dealing with his need for
additional protein to supplement mainline and with the inadequacy
of the Common Fare Program. Mr. Patel is a Hindu inmate.

REliGIOUS FREEDOM RESTORATION ACT
LITIGATION
None

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TORT CLAIM
None

ENS:IGN

AMENDMENT:

LITIGATION
None

TORTS
None

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2659

. LITIGATION (JANUARY 1 - MARCH 31, 1998)

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NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FfC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

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Loc

num

pp

pi

pppi

wd

med

set

amt

pen

den

od

alo

alp

scr

160

109

37

4

o

10

8

1038

200

S3

2

o

114

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - Avg number of days Overdue
AlP - A vg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

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SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
APRIL 1, 1998 - JUNE 30, 1998
Third Quarter - FY 198

July 15, 1998
SIGNIFICANT CASES
Stephen Casey Blalock v. United States of America,l:98-CV-120-C
(ND/TX). On June 3, 1998, Blalock, an FC! Big Spring inmate,
filed a civil action challenging the inclusion of his instant
offense as a crime of violence in all cases. Blalock was
convicted of being in possession of a firearm during and in
relation to a drug trafficking crime. Blalock challenges the Sth
Circuit interpretation of Venegas. He cites other circuits have
followed Downey y. Crabtree and that the Sth Circuit's
interpretation of 3~21(e) denies him the opportunity to benefit
from an early release following the completion of his SOO-hour
drug treatment program. The record reflects that before Blalock
entered the SOD-hour program he had been placed on notice that he
would not be eligible for early release due to his instant
offense.

C"

Yuk Rung Tsang v. Bureau of Prisons Office of General COunsel,
1: 98-CV-114-C, (ND/TX·). FC! Big Spring reports that Tsang has
filed this civil action claiming he completed the SOO-hour drug
treatment program in 199"4. The Bureau was aware Tsang had a
detainer lodged against him for deportation before he began the
program. The record reflects Tsang entered the program
immediately after the designated Residential Treatment Unit was
burned during an institution riot. Tsang and other inmates were
placed in other units at FC! Phoenix and allowed to complete the
program as if they had been assigned to a dedicated drug
treatment unit. Approximately two years after completing the
,SOO-hour program, Tsang was notified his early release to his
detaining authority had been revoked. The record reflec~s this
early release was revoked due to Tsang's failure to reside in a
dedicated drug treatment unit. Tsang argues this was not his
"fault. He states he completed the program in good faith.
Reed v, Stone, A-97-CA-899-JN, WDTX. Bivens action against the
HSA at FC! Bastrop alleges deliberate indifference in failing to
obtain treatment for keloid formations on plaintiff's ear.
Defendant's Motion for Summary Judgment granted by court.
Jeff H. King Sr. y. Janet Reno, LR-C-98-2S8/Civil No. 3-94-33.
In this FCI Forrest City case, inmate King was convicted of Felon
in Possession of a Firearm, Title 18 U.S.C. section 922 (g).
The
inmate was denied the year off because the offense was determined
to be a crime of violence. The inmate challenges this
determination.

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Dr. Omar Tusshani y. USA, 9S-CV-122-B (D/WY). This suit is filed
by plaintiff against the u.s. Marshals Service and FMC Fort
Worth.
Plaintiff received significant injuries while housed in a
contract detention facility in Wyoming under a USMS contract. He
was transferred to FMC Fort Worth to receive physical therapy.
This suit alleges plaintiff received inadequate medical care and
treatment and, as a result, sustained permanent damage and
significantly reduced life expectancy. The administrative claim
was in the amount of $15,000,000 and was denied.
Brian Maurice Fuller v. USA, 4:9S-CV-484-Y (ND/TX). This civil
action out of FC! La Tuna alleges plaintiff suffered severe
physical injury at FC! Three Rivers to ~is knee, hip, and back,
due to the negligent and wrongful acts of BOP employees.
Plaintiff further alleges he was subjected to a delay in surgery
and that the rehabilitation following surgery was below the
standard of care, causing further damage and resulting in a
second surgery. Further, plaintiff alleges he was prescribed a
harmful medication. The claim is unclear as to where these
allegations took place, but it appears he questions the care' he
received at FCI Three Rivers, FCl Bastrop, and FMC Fort Worth.
He is seeking $3,241,000 in damages.
FCI La Tuna reports Westray Dayes Va Slade, EP-98-CA-21S-H
(WD/TX).
Inmate Daves challenges the early release policy
barring his eligibility because the policy was promulgated after
he was sentenced.
FTC Oklahoma reports that a Judgment was entered on May 28, 1998
in the case Steven Sherrod y. Bob Guzik, CIV-97-1s30-L. The
petition for Habeas Corpus was granted, and the matter was
remanded to the Bureau of Prisons for further proceedings
consistent with the Report and Recommendation and Fristoe y.
Thompson
F.3d
(loth Circuit, April 28, 1998.)
Inmate Sherrod
is scheduled for-halfway house placement in mid-August.
James Burdette Newton y, Federal Bureau of Prisons, s:98cv194
(ED/TX) - Petitioner contends that he is being wrongfully denied
early release from FCI Texarkana because of prior guilty pleas he
allegedly made without the benefit of counsel.
Caliste y. Flowers- 3621(e) Habeas. An inmate at FCI El Reno was
denied early release eligibility due to his two point enhancement
under Section 9. The Court ruled in our favor.

CASES WITH SEITLEMENT OR AWARD

a.

(

Adverse judgments

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2663

Wali Muhammed v. USA, 4:96-CV-711-A. The Honorable John
McBryde rendered a $45,000 judgment against the United
States, stating that the BOP did not properly house the
inmate at FCI Texarkana and FCI EI Reno due to his medical
condition. The court held we breached our duty to
appropriately house inmates under Title 18 U.S.C. 4042. It
appears the case will not be appealed.

(

FCI EI Reno reports an adverse ruling by the 10th Circuit
Court of Appeals in Fristoe v. Thompson. The Court
concluded that the BOP had abused its statutory authority
by relying upon sentencing enhancements in determining
whether an inmate was "convicted of a nonviolent offense."
In doing so, the Court joined the majority of other Circuit
Courts that have considered the issue.
b.

Tort claim settlements

Norma Carter - FPC Bryan medical malpractice claim was
approved by DOJ for settlement in the amount of $150,000.
Final paperwork is currently being prepared .

c.

. Other settlements

FPC Bryan reports that a settlement agreement has been
signed in Ahr v. Reno, H-96-3641 (SD/TX).
In exchange for
$11,250.00, Ms. Ahr will withdraw above captioned matter and
a pending EEO .complaint raising retaliation issues.

CASES WITH HEARING OR TRIAL
Estrada-Guerrero, Ruby; 69166-198 - Emergency mental health
·cqmmitment pursuant to §4245 was held April 24, 1998. The inmate
was committed by the District Judge.
Telephone Spears hearing conducted on May 13, 1998., in the case
of Green v. USA, C-98-103(SD/TX). It appears that the majority
of claims in this complaint are time barred and wil+ be
dismissed. The only complaint still alive concerns the issue
whether inmate should receive reconstructive knee surgery.
Judge
feels this issue could be addressed at FCI Three Rivers.
Knight v. HeftIer. Trial held at FCI Seagoville on Monday,
June 8, 1998. Chief Judge.Jerry Buchmeyer presided. The case
was a Bivens action stemming from an inmate's alleged food
poisoning. None of the other inmates who testified suffered any
illness after eating the allegedly tainted shrimp.
In less than
two hours, Judge Buchmeyer granted the government's Motion to
Dismiss.

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2664

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Plunkett v. Gunja. Telephone conference scheduled.
Judge issued
no orders or rulings as a result of hearing.
FCI Three Rivers
inmate contends that he was transferred to the Southern District
of Texas in retaliation for litigation filed against the BOP and
its employees. The plaintiff also avers that BOP staff
negligently forced him to cell with an inmate who threatened to
sexually assault plaintiff.

MEDICAL MALPRACTICE
LITIGATION
Shrader y. Sandoval, A-97-CA-896-SS, USDC/WDTX.
FCI Bastrop
plaintiff alleges that defendant physically abused him during a
rectal examination. OIA investigation failed to sustain the
charge. Defendant, as a PHS officer, should be granted exclusive
immunity, resulting in dismissal.
See Significant Cases heading.
TORT CLAIMS

(

Inmate Norma Nelson - T-SCR-98-261, alleges medical negligence in
regard to her partial breast reconstruction surgery having to be
reopened to obtain the full margins of the biopsy, resulting in a
radical mastectomy. She claims liability in the amount of $6.5
million.
See Tort Claim Settlements - Norma Carter's malpractice claim.

SIGNIFICANT TORT CLAIMS
Anthony Austin (aka Wa'il M. Muhannad) contends staff at
USP Beaumont failed to provide adequate surveillance equipment in
common areas which would protect inmates from physical attacks.
He also contends that specific 'staff failed to supervise the
common areas. Mr. Austin contends that a staff member observed
the attack, but failed to intervene in a timely manner.
Mr. Austin contends that another inmate intervened and stopped
the attack, but not until he experienced convulsions and severe
lacerations below his chin. He states that he now is suffering
nerve damage on the left side of his face and body.
The sum
certain requested is $25,000.00. (T-SCR-98-099)
The family of Julian Yarbrough, who died while incarcerated at
FMC Fort Worth, claims liability in the amount of $2,800,000.
They allege the BOP failed to timelY'diagnosis squamous cell
carcinoma in the neck, which ultimately resulted in Mr.
Yarbrough's death. (T-SCR-98-260)
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2665

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An FPC EI Paso staff member Maxine Griego filed tort claim

T-SCR-98-239, in which she seeks $250,000.00 for personal injury.
She alleges that a staff chaplain fondled her at FCI La Tuna. We
understand that she and a female staff chaplain, who alleges
being assaulted in a similar manner by the same staff member,
have filed EEO claims. Her administrative tort claim was filed'
by an attorney acting on her behalf.
Tomas Zambrano, an inmate housed at FDC Oakdale, alleges that he
was injured while playing softball. He contends that a specific
Physician's Assistant initially refused to examine him and
instructed him (Mr. Zambrano) to report to sick calIon the
following Monday, May 12, 1997. On May 12, 1997, x-rays were
taken and it was determined that the fibula at his right ankle
was fractured. Surgery was ultimateiy performed and $100,000.00
sum certain is noted as damages for the misdiagnosis and
malpractice .of a displaced fracture of the fibula. (T-SCR-98-148)

('

Inmate Liasse Bazelias contends that staff at FDC Oakdale
examined him upon his arrival on Nove~er 6, 1996, and determined
that he was in IIsatisfactory medical condition. II He alleges that
during January 1997, he was treated for a cold and staff
inappropriately prescribed 800 mg. of ibuprofen three times per
day, which has resulted in the destruction of his kidneys. He
seeks $6,912,000.00 in damages and future medical care . .
(T-SCR-98-224)

"

SIGNlFICANTADMINISTBA TIVE REMEDIES

Inmate Margaret Broderick at FMC Carswell claims discrimination
because she is not allowed to use the bold key on the typewriter
for the entire content of her legal documents. She is claiming
that she is visually impaired. Response includes explanation that
she will be scheduled ~or an eye exam.
Inmate Bee Tyler at FMC Carswell requests she be allowed to
attend RDAP. She claims discrimination due to her physical
limitations.
(She has polio and is in a motorized wheelchair,
but she has no other medical limitations). Response advised her
that if she met the RDAP requirements then she could pursue with
her unit team the chance of being designated to Bryan.
Kamel Patel, an inmate at FMC Fort Worth, is again bring:ng up
the issue of his religious ring. This issue was previously
addressed via the Administrative Remedy Procedure in 199E;
however, he now wishes to challenge the Bureau's decisio~ to
allow him to wear the ring on a chain under his shirt. He
asserts the stone in the ring must touch his skin~

5

2666

USP Beaumont reports Remedy No. 161938-F1 in which USP inmate
Talbott (fiance of Attorney Helen Wang) challenges the
May 15, 1998 rejection of an incoming publication, The F~I
LaboratohYi An Inyestigation into Laboratory Practices and
Alleged Misconduct in ExPlosiyes-Related and Other Cases. The
publication was rejected due to its detailed discussions of the
ingredients, operation, and construction of explosives.
Inmate
Talbott alleges the publication is necessary for appeal of his
criminal convictions.

(

(

...

6

2667

LITIGATION (APRIL 1, 1998 - JUNE 30, 1998)

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NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS

('

(

LOC - LOCATION
NUM - NUMBER OF TOT AL LAWSUITS FILED IN QUARTER
HC
~ NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

7

2668

(

loc

num

pp

pi

pppi

wd

med

set

amt

pen

den

od

alo

alp

scr

134

100

26

2

o

6

19

3513

175

84

1

8

116

Num
PP
PI
PPPI
WD
Med
Set
Amt
Pen
Den
. OD
AlO
AlP

- Number of claims filed
- Personal Property claims
- Personal Injury claims
- Both PP & PI claims
- Wrongful death claims
- Medical claims
- Settled!Approved claims
- Amount paid
- Pending/open claims
- Number of claims Denied
- Number of claims Overdue
- Avg number of days Overdue
- Avg number of days to Process

(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

(

9

2669

(

SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
JUL Y 1, 1998 - SEPTEMBER 30, 1998
FY'98 FOURTH QUARTER REPORT
October 14, 19S8
SIGNIFICANT CASES
A. 3621(e)/DAP Cases
Barbara G. Harrison-Philpot v. Janet Reno, Writ of Habeas Corpus
regarding the absence of a RDAP program at FMC Carswell.
She
makes equal protection and ADA alaims regarding discrimination
against female inmates medically ass~gned to the only female
medical facility (FMC Carswell) because no RDAP is offered.
Bulmar Villarreal y. George E. Snyder, H-C-98-72. This FCI
Forrest City inmate claims that he was denied his one year
even though he has satisfied all of the requirements under
U.S.C. 3621(e). The inmate believes the denial stems from
unjust treatment 6f inmates with INS detainers.
The U.S.
Attorney1s Office has not yet received this case but filed
responsive pleading.

off,
18
the
a

FeI La Tuna reports Stauffer y. Slade, a habeas case concerning
early release pursuant to 18 U.S.C. Section 3621(e).
Inmate
Stauffer asserts an equal protection violation due to his
ineligibility for early release consideration as an old law
inmate, particularly where he is ineligible for parole under the
terms of one of his three old law sentences.
Joseph Gagliano v, Nt L. Conner 5:98CV209 - An FCI Texarkana
inmate alleges he was improperly removed from DAP.
The plaintiff
agrees that the BOP failed to recognize his alleged addiction to'
prescription drugs. Therefore, he complains that he is being
denied early release eligibility. A litigation report has been
prepared and mailed to the AUSA.
FTC Oklahoma City reports Steven Griggs v. Kathleen Hawk,CIV-98690M.
Inmate Griggs had filed a' Bivens action against Attorney
General Janet Reno, Director Hawk, Warden Guzik, and the United
States for denying plaintiff a 12-month sentence reduction
because of his two-point gun enhancement.
The Magistrate Judge
in his R&R granted defendant's motion to dismiss plaintiff's
Biyens claims for monetary damages based on 'sovereign immunity
and due process violations. However, he recommended tha~
plaintiff1s action for injunctive relief' be construed as a §2241
habeas petition and that the petition be granted to the extent
that the BOP is directed to consider within 30 days from any
Order adopting the R&R whether plaintiff should receive a
sentence reduction without reliance upon sentencing factors.

2670

B. Medical Malpractice/Wrongful Death Cases
\.

James Lee Dillon v. Michael Purdy. et aI" C-97-S87, SD/TX,
Bivens. Petitioner at FCI Three Rivers asserts the Hospital
Administrator was deliberately indifferent to his medical needs
because the Administrator failed to diagnosis the plantiff's
condition and failed to provide adequate medical care to prevent
the pain. Petitioner is requesting an unspecified monetary
settlement for the pain and suffering he claims he was forced to
endure. The court has granted a motion to dismiss the case
against the Hospital Administrator, but has granted the plaintiff
leave to amend.
Woods y. U,S., 4:98-CV-0441-A. FMC carswell inmate Carolyn Woods
acting on behalf of her sister and the estate of their deceased
mother, inmate Elizabeth Scallion, filed a wrongful death suit in
the amount of $5 million dollars. The plaintiff claims that
FMC Carswell's staff failed to assist the deceased when she
collapsed at an institution dance.
FMC Fort Worth received service on Jimmy Lee Rebman v, USA, a
FTCA case in which plaintiff is alleging medical malpractice on
the part of Bureau of Prisons personnel. Specifically, plaintiff
alleges the BOP failed to timely provide a corneal trarisplant.
Fe! El Reno inmate Roger Gresham is claiming medical staff were
deliberately indifferent to his medical needs related to his fall
off a staircase in a housing unit. The inmate specifically
complains that medical staff delayed rendering appropriate
medical care,
Derek Belmonte, an FMC Fort Worth inmate, has filed a Bivens
civil action in the Northern District of Texas, 4:98-CV-403-Y,
alleging Bureau of Prisons' staff confiscated his electrical
wheelchair upon his arrival. He states his wheelchair tipped
over and caused head trauma in September 1997. He further
alleges he has been restricted from participating in programs due
to his disability and confinement to the Long Term Care Unit and
that he has not been afforded appropriate physical therapy ..
C. Other Cases .

Johnnie Fay Ray y United States. In this FC! Big Spring case, a
contract teacher fell off a golf cart driven by an inmate. A
settlement conference was held on July 17, 1998, and the
government proposed settlement in the amount of $60,000.00. This
offer countered the plaintiff's offer of an $80,000.00
settlement. Offer was accepted by plaintiff and both sides now
await court's final order to dismiss.

2

2671

An FC! El Reno inmate, Prince Webber, challenges the sufficiency

(

of materials in the inmate law library. This complaint may be
significant, given the recent posture of the 10th Circuit with
regard to inmate law libraries. Specifically, inmate Webber, in
federal custody by way of a Military Court Martial, requests that
the Bureau be compelled to provide the MilitakY Justice Reporter.
Claudette Hubbard y. United States filed in the Northern District
of Florida, Tallahassee Division. An inmate complained about the
confiscation and destruction of her property at FMC Carswell.
The attorney at FMC Carswell provided the AUSA at Tallahassee
with a Litigation Report that did not mention the Discretionary
Function defense. Without the knowledge of the BOP, the AUSA,
Roy Blondeau, sought permission from th~ Department of Justice,
(not Bureau of Prisons) to use Discretionary Function as a basis
for dismissal. He received permission and the court dismissed
the case.

CASES WITH SE'ITLEMENT OR AWARD

A.

Adverse Judgments

Fe! La Tuna reports that a $10,800 plus interest and cost adverse
judgment was issued in Haralda Martinez y. United States. A
trial was conducted in March 1998, for this personal injury case
after settlement negotiations failed. The Office 'of General
Counsel previously authorized settlement of this case for up to
$30,000. An appeal was recommended, and we await a decision by
the OGe.
Schrader v. Sandoval, A-97-CA-896-SS (WDTX).
In denying the
U. S. Attorney's motion to substitute the United States for the
individually-named defendant, the court made an adverse ruling.
The AUSA advises that the'Department of Health and Human
Services, of which the PHS is a component, seeks to appeal the
ruling, and that the DOJ is likely to authorize one. Bastrop is
preparing an adverse decision memo recommending appeal.
Wali Muhammed - BOP, DOJ, and plaintiff's attorney have reached a
settlement agreement for $18,000. This is a significant decrease
from our previous adverse judgment of $45,000.

B.

Tort Claim Settlements

Annie Mae McGee, Civilian. Approved tort settlement in the
amount of $2,108.90, for damage to her vehicle by an FMC
Fort Worth inmate assigned to the outside landscape detail.

3

2672

(

. In the Zambrano medical malpractice claim from FCI Oakdale, we
offered $550 to settle the claim. The attorney alleged that had
staff timely x-rayed the claimant's ankle, such would have
prevented his ankle from becoming displaced. (T-SCR-98-148)

CASES WITH HEARING OR TRIAL

u.s. y. Muhammad, 4:98-CV-0356-BE. FMC Carswell inmate Ruth
Muhammad was committed for hospitalization pursuant to 18 U.S.C.
§ 4245 on August 13, 1998.
On August 25, 1998, a trial was held in the Floyd Gadson v.
Michael Schappaugh matter, which involved allegations of
deliberate indifference to his serious medical needs. The
Honorable John McBryde heard this FMC Fort Worth case, and a
motion for directed verdict was made by the AUSA., The Judge
granted the government's motion, based upon plaintiff's failure
to prove harm and/or damages.

('

Schrader v. Sandoval, A-97-CA-896-SS (WDTX). The court held a
hearing on September 3 to determine whether this FCI Bastrop suit
could be properly maintained as a Bivens-style action, given that
the defendant, a physician assistant, is a commissioned officer
in the Public Health Service, and 42 USC Section 233(a) makes any
suit for malpractice against a PHS officer in his or her private
capacity a suit against the USA pursuant to the FTCA. The court
heard testimony from both the plaintiff and defendant, and later
denied the U.S. Attorney's motion to substitute the USA for the
defendant. See above Adverse Judgment section.
Horey y. Wood, Status/Pretrial Hearing was conducted in the
'Southern District of Texas on October 6, 1998. As a result of
the hearing, a trial date was set for October 20, 1998.
FMC Fort Worth Attorney, Al Munguia, traveled to Lubbock, Texas,
on September 29, 1998, for a Spears hearing in Emery EstupinanVasgyez v. United States. et al., a case that arose at
FCI La Tuna. The Spears hearing was previously' docketed for
August 20, 1998, and it was postponed without anyone notifying
the BOP. The Magistrate Judge ruled in BOP's favor based on the
case being time barred.

SIGNIFICANT TORT CLAIMS
FMC Fort Worth inmate Ernesto Garcia-Olvera's tort claim has been
denied; however, we have made attempts to negotiate a settlement
with him in an amount less than $50,000, thus far unsuccessfully.
We await final approval from DOJ and OGC. (T-SCR-98-105)

4

2673

(

Eric Sampson, an inmate at USP Beaumont, alleges he was assaulted
by another inmate in the housing unit by having heated liquid
thrown on him.
Claimant alleges BOP failed to protect him and
seeks $500,000. Claim was submitted by attorney on behalf of
inmate. (T-SCR-98-344)
Mr. Espinosa-Munoz, an inmate housed at FMC Fort Worth, has
submitted a claim alleging that on December 16, 1996, he was
transported by BOP officers to a community hospital in
Fort Worth, where he was prepped for heart catherization surgery.
Mr. Espinosa-Munoz states that when he was informed of the type
of surgery, he requested that the e~corting officer contact
Health Services staff at FMC Fort Worth to verify the need for
the surgery. He continues to state that after he was
administered medications the BOP Officer confirmed that the wrong
inmate had been brought to the hospital.
Mr. Espinosa-Munoz also alleges that he has suffered
complications because staff did not restrict his movements after
. a spinal test was performed on November 23, 1996. There is some
question as to whether or not the spinal test was performed as a
result of an accident in UNICOR on July 6, 1995. Mr. EspinosaMunoz submitted a claim in 1995 due to the accident, but it was
denied based on DEMKO. He seeks $6 million dollars in damages.
(T-SCR-98-356)

(

Ms. Monroe is housed at FMC Carswell. She states that staff have
failed to provide her medical treatment for her Lupus and kidney
. disease since August 16, 1997, when she awoke "bleeding."
Ms. Monroe states that she went to the bathroom and called out to
an officer, but she was placed in SHU, and that staff still have
not provided her with medical treatment for the "flare-up.1t She
adds that she has been denied a compassionate release and other
programs due to her race, age, and religion.
She seeks $1.5
million in damages. (T-SCR-98-321)
Ms. Matos is currently housed ~t FeI Tallahassee, but contends
that staff at FMC Carswell negligen~ly failed to diagnosis and
treat "dysmenorrea and uterine prolapse. II She states that she
subsequently underwent a vaginal hysterectomy and developed an
infection when her bladder was lacerated during the ·surgery.
Staff at the Osteopathic Medical Center of Texas are listed as
witnesses.
It is assumed that the surgery was performed by a
contract physician. Ms. Matos seeks $10 million dollars in
damages for future medical care, etc.
(T-SCR-98-336)
Mr. Kenaston, who is currently housed in the Adrnax Unit at
Florence, contends that on January 1~, 1998, when he was being
transferred from FTC Oklahoma City, he was assaulted by another
inmate and staff. Mr. Kenaston states that he was handcuffed and
"shackled" before he was placed in the cell with the unrestrained

(

5

2674

(

inmate who assaulted him. He adds that staff also assaulted him,
and that his neck, back, and head were injured. He seeks
$200,000 for pain and suffering. Case has been referred to OIA.
(T-SCR-98-2s0)
Mr. Sanderson, who is incarcerated at FC! Taft, contends that he
was enrolled in the SaO-hour RDAP program at FCI La Tuna, and
that after three months into the program he was transferred to
FCI Taft. He states that now he is not eligible for the one year
reduction from his sentence. Mr. Sanderson seeks $250,000 and/or
a one year reduction in his sentence. (T-SCR-98-248).
SIGHbFlCANT APMlNISTBATbYE REMEDIES

FMC Carswell Inmate, Bee Tyler, filed a BP-9 alleging
discrimination at FPC Bryan because the facility is not handicap
accessible. This inmate was medically cleared and transferred to
Bryan to participate in the RDAP program. It was determined at
the time of arrival at FPC Bryan that her medical needs exceeded
their staffing resources. Thus, this inmate was transferred back
to FMC Carswell so that her medical needs could be best served.
FMC Carswell Inmate, Ginger Schlesinger, filed a BP-9 in regard
to FMC Carswell not having an RDAP program.

(
"

Two administrative remedies were filed at FTC Oklahoma City
alleging staff misconduct. Cadre inmate William Harding claims a
staff member tampered with his mail because the recipient
received the mail ripped and missing pages. Inmate Anthony
Spencer filed a remedy alleging a staff member had made
inappropriate statements and then lied to his supervisors
regarding his action. Both matters are currently under SIS
investigation.

6

2675

LITIGATION (July 1, 1998 - September 30, 1998)

I. Iroc".L,imHd . Bcl

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11

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39

21

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35

32

60

co

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FfCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND. - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

(

7

2676

(
pp

med

set

amt

pen

den

od

alo

alp

107

16

11

1628

150

99

1

o

110

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO .- Avg number of days Overdue
AJP - Avg number of days to Process

I
\

(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

(
10
2677

 

 

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