Skip navigation
The Habeas Citebook: Prosecutorial Misconduct - Header

Fbop Ser Monthly Report 1993may

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
JU.N 24

• 12

10 : 5 0

F ROM BOP S E REG COUNS EL

PAGE . 001

united States Government
MEMORANDUM
June 24, 1993
Reply to
Attn of:
Subject:

counsel~

Sherree L. Sturgis, Regional
southeast Region, Bureau of prisons~
May Litigation Report

To:
Joyce Zoldak, Associate General Counsel
Litigation Branch
Attached is the May CEO Litigatiion report.
I have also attached
some updated information on the unusually active trial sche dule
f rom the past month.
Attachment

Oo l/y

J~N

24 '12 10:50

FROM BOP SE REG COUNSEL

ERT H. BURNS v. C. LAWTHER, et al
. NORTHERN DISTRICT OF ALABAMA
Docket No.: CV~·H-0475·E; Type of Case: Personal

Liability Action (Bivens); Damages Req: $2,500.000
SubJecc: MEDICAL TREATMENT Institution: Fel.
Talladega
Facts Al1e9ed: Refused treatment at TOG in 1988 for
Intestinal track problem. Later tests showed gall bladder

had burst.
Special Monitoring: 0, Not assigned to speclaf monitoring
Date Case Flied: 03-14-1990
Significant Activity: 03-05-1992 Interiocutory appeal by
Inmate dismissed by Eleventh Circuit, 91·7814. 06-16·1993

Triar on the merits was attended by Van Vandivier and went
well.

-------------------------------------~
JOSEPH C. SUN v. HAROLD D. DELASHMIT, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: go-AR..o051-5; Type of Case: Personal Uability
Action (Bivens); Damages Req: $200,000
Subject: MEDICAL TREATMENT Institution: Fel,
Talladega
acts Alleged: Denied medical care, and bathroom

•

rivileges on plane In transport between PET an TOG in
1989, also excessive use of force.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 04-02·1990

SignificantActlv.fry: 06-01-1993 Trial scheduled. Continued
to 06-04- 1993. Two day trial was attended by Van Vandivier.
06~8-'993 Verdict for Defendants.
HE~BERT LEE, et al v. RICHARD THORNBURGH
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1350-JOF; Type 01 Case: Employment
Discrimination; Damages Req: unspecified wages and
earnings
Subjecr. DISCRIMINAT10N Institution: USP, Atlanta
Facts Alleged: Black Employees at ATL allege
discrimination based on race because denied promotions.
Special Monitoring: 1C2. Publlctty /Impact on staff morale,

All employee suits.
Date Case Filed: 06-22·1990
Significant Activity: 05·24-1993 Three day trial was attended
by Earl Cotton. Presentation went well.

PRGE.002

GLENN WAYNE MITCHELL v. U.S. DEPARTMENT OF
JUSTICE, et 81
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-915.JTC; Type of Case: Employment
Discrimination; Damages Req: unspecffled
Subject DISCRIMINATION Institution: USP, Atlanta
Faces Alleged: Dismissed from CO position at AlL because
of race, threatened coSpecial Monitoring: 1C2, Publicity I Impact on staff morale,
All employee suits.

Date Case Filed: 04-24-1990
Significant Activity: 06-14-1993 Trial scheduled. Continued
to 08-09-1993 because of debate over admissability of
photographs taken from institution tower.

J~N

24

'12

1121:51

FROM BOP SE REG COUNSEL

United States ·Government
Memorandum

Date:
Reply to

June 4, 1993

~

Attn. 01:

Sherree L Sturgis. Regional
nsel
Southeast Region, Bureau Prj ns

Subject:

May, 1993 SER Litigation

To:

SER CEOs, Regional AdmInistrators
fnstitution Paralegals and Attorneys
Wallace H. Cheney, General Counsel

New Cases
1. UNITED STATES OF AMERICA (SEABOARD
SURETY COMPANy) v. FEDERAL BUREAU OF

PRISONS, ot 81
Court: DISTRICT OF PUERTO RICO

Docket No.: 93·1561-LRA
Institution: MDe, Guaynabo
of Case: Other, Miller Act
".r.r~r-r. MISCELLANEOUS
Facts Alleged: Action brought by surety company that
issued the performance bond to Triangle Construction, the
general contractor on the MDe Guaynabo project. Triangle
is in bankruptcy. Surety seeks an interpleader to dissolve
itself of its contractual Obligations to others exceeding
$2,500,000, the amount of the bonct. Outstanding debts to
subcontractors and suppfiers are estimated at $3,706,486.
The action Is pled under Miller Act. 40 U.S.C. 270a.
Damages Req: 1,206,486; Special Monlloring: IB6. May be
financial liability, Other.
Rec'd in Legal: May 3, 1993; Due: 07~1993
Assigned to: OsvaJdo Carto Linares; Assistant U.S. Attomey
Chief, CivIl Division, Hato Rey, PR; Zoe Laboy, Attorney
Advisor. MOC, Guaynabo

PAGE.003

2. PABLO

L

FERNANDEZ-ORTIZ v.

WARDEN, et al

Court: DfSTRICT OF- PUERTO RICO
Docket No.: 93-1629-JP
Institution: MDC, Guaynabo
Type of Case: Habeas Corpus
Subject. SENTENCING
Facts Alleged: Inmate designated to JES In 1993 alleges
that he has served his federal sentence and should not be
reincarcerated.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: May 6, 1993; Due: 07~1993

Assigned 10: Osvaldo Carto Linares; Assistant U.S. Attorney
Chief, Civil OivfsJon. Hato Rey, PR: Wilson Moorer. Paralegal
Specialist, FCI, Jesup
3. DAVID FRIEDLAND v. FRED STOCK,
Court: NORTHERN OfSTAICT OF GEORGIA
Docker No.: 1 :93-CV~2-CAM
Institution: USP. Atlanta

et 81

Type of Case: Habeas Corpus
SUbject

AD DETENTION

Facts Alleged: I nmate at AlL In 1993 complains that he has
been paced in segregation tor no apparent reason. He
states that he has not received any disciplinary reports that
would result in his being placed In segregation.
Damages Req: 0; Special Monitoring: O. Not 8~sJgned to .'.
special monitoring
.....

Rec'd in Legal: May S, 1993; Due: 0$-17.1993'· .
Assigned to: Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta, GA; Sharon Ragland, Paralegal Specialist.
Southeast Regional Office
4. RENE BENITEZ Y. UNITED STATES
Coutt. SOUTHERN [)\SlRter OF GEORGIA

Docker No.: 293-54
InstiMion: FCI. Jesup
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at JES in 1993 complains that his
sentence should be credited with the time spent
incarcerated In Columbia awaiting extradition to the United
States.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: May 6. 1993; Due: ~2C>1993
Assigned to: Paul G. J~stfce: Assistant U.S. Anorney,

Savannah, GA; Wilson Moorer, Paralegal Specialist, Fel,
Jesup

.

JUN 24 '12 10:53

FROM BOP SE REG COUNSEL

PF=lGE.004

';--'"

,CEO. Litigation Report.
'June ,4, 1993
•. WILUE CLARK, JR.,
RISONS, et al

Page 2

e~

81 Y. FEDERAL BUREAU OF

Coun: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93.cv-811.RCF
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: DETAINERS
Facts Alleged: Inmate at All In 1993 challenges a detainer
that has been placed on him from the state of Texas.
Damages Req: 0; SpecIal Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: May 8,1993; Due: 05-24-1993
Assigned to: Curtis E. Anderson; AssIstant U.S. Attorney,

Chief, Civil Division, Atlanta, GA; Darrln C. Scott, Attorney
Advisor, SERO
6. JOEL RODRIQUEZ LOPEZ v. WilLIE E. THOMPSON

Coun: MIDDLE DISTRICT OF ,ALABAMA

•

Docket No.: 93-H-0063-N
InstitlAion: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject: TE~PHONES
cts Alleged: Inmate at MON in 1993 filed a motion with
e court to "protect evidence'" telephone monitoring tapes
that were In the control of the Warden of the Institution.
Damages Req: 0; Special Monitoring: 0, Not assigned to

special monitoring
Rec'd in Legal: May 6, 1993; Due: ·1993
Assigned to: Kenneth E. Vines; Assistant U.S. Attorney
Chief, Civil OivisJon, Montgomery, AL; Michelle Coulombe,
ParalegaJ Specialist Trainee. Southeast Regionat Office

7. GABRIEU ANDRE' DAVIS v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA

Dock.et No.: 1 :93·CV·83&-JEC
InstItution: USP, Atlanta
Type of Case: Habeas Corpus
Subject. COMMUNITY TAEATMENT CENTERS
Facts AI/eged: Inmate at FPC ATL In 1993 alleges that he is

eligible for CCC placement.
Damages Req: 0; Special Monitoring: 0, Not assigned to
.special monitoring
Rec'd In Legal: May 6, 1993; Due: 0&-1()'1993
Assigned to: James R. Schuttz; Assistant U.S. Anorney,
anta, GA; Darrin C.' ~~ Anorney Advisor, SERO

8. BONITA LACY Y. UNITED STATES
Court: EASTERN DISTRICT OF PENNSYLVANIA
Docker No.:·93-CV'()253
Institution: Fel, Marianna

Type of Case: Federal Tort Claims Act
Subject. PROPERTY
Facts Alleged: Inmate claims property was lost when
packed at MNA In 1991 for transfer to LEX.
Damages Req: $562.58; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: May 6, 1993; Due: -1993
Baylso~; U.S. Attomey, Phnadelphta.
PA; Stertlng Dawson, Paralegal Specialist, Fel, Marianna

Assigned to: Michael

9. JERRY SINGLETARY v. A. WHITE, et 81
Court. NORTHERN DlSTRJCT OF AlABAMA
Docket No.: CV-93-PT-o385-E
Institution: Fel, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject MEDICAL TREATMENT
Facts Alleged: Inmate at TOG claims a tooth broke during
extraction In 1992 and he had to walt several days for the

rest of the tooth to be extracted.
Dama.ges Req: $' 5,000; Special Monitoring: 0, Not

assigned to speciaJ monitoring
Rec'd in Legal: May 6,1993; Due: <&2$-1993
Assigned to: Winfield J. Sinclair; Assistant U.S. Attomey,
Birmingham. AL; Gerelene Gooden. Paralegal Specialist,

Fel, Talladega
10. RAUL ALFREDO GARCIA Y. R. E. HONSTED, et at

Court

SOUTHERN DISTRICT OF GEORGIA

Docket No.: CV 293'()56
Institution: FCI, Jesup
Type of Case: Habeas C01pUS
Subject: SENTENCING

FacCSAJleged: Inmate at JES In 1993 claims BOP has
improperty computed one of his offenses as non parole
eligibfe. He also complaIns that the USPC refu~s to
consider the offense as parole eligible.
Damages Req: 0; Special Monitoring: 0, Not assigned to
speclaJ monitoring
Rec'd.fn Legal: May 21, 1993; Due: Q&.03.1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, Fel,

Jesup

.

JUN 24 '12 1'21: 54

FROM BOP SE REG COUNSEL

PAGE.eJeJ5
~.

CEO

~itigation

Page 3

Report

June 4, 1993
DWAI~E'L COPELAND v. JOHN FANELLO
NORTHERN :DI~AICT OF FLOR1DA

Docket No.: 93~0134/'NEA
InstiMion: FPC, Pensacola
Type of Case: Habeas Corpus
Subject:. SENTENCING
Facts Alleged: Inmate at PEN In 1993 alleges that he should
receive more good time credit under old law. His first

offense was old law. after he was returned for he violating
his supervised release he earns under new law.
Damages Req: 0; SpecIal Moniton"ng: O. Not assigned to
special monitoring
Rec'd In Legal: May 21. 1993; Due: 07-12-1993
Assigned to: Samuel A. Alter. Jr.; Supervising Assistant U.S.
Anomey, Pensacola FL; Angie Grider, legallntem. SERO

13•. GILBERT HILL v. WARDEN, 8t 81
Court. NORTHEP.N DISTRICT OF flORIDA
Docket No.: 93·50098/WEA
Institution: Fel, Marianna

Type of Ca~e: Personal LlabUity Action (Bivens)
Subject: INMATE DISCIPUNE

FacrsAJleged: Inmate at MNA In 1993 alleges that he
received three false incident repons. As a resutt of the
Incident reports, he was placed In administrative detention.
He was later the subject of a IIForoe Cell Move" In which he
alleges he was severely beaten. He also complains that the
videotape of the "Force Cell Move" was broadcast over the
institution's cable system In violation of his prtvacy rights.
Damages Req: $11,500,000; Special MonItoring: 0, Not
assigned to special monitoring

~~~~~~~~~~~~~~~~~~~_ R~~~Leg~~y~,1~;~e:NONENOWMM~SI~UE~

12. TIMOTHY L RUBLE, et 81

Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.

v. LIEUTENANT KING, et al Anorney, Pensacofa FL; Stertlng Dawson, Paralegal

Court: NORTHERN DISTRICT OF GEORGIA

Specialist, FCI, Marianna

Docket No.: 1 :93·CV·1024-JEC
Institution: USP. Atlanta

Type of Case: Personal Liabntty Action (Btvens)
Subject: INMATE DISCIPLINE
Is Alleged: Inmates at AlL In 1993 allege that
to a '1orce cell move, tI they were beaten and
assaulted. They also compfalns that they dJd not rece'v8
Immediate medical.care for their InJuries.
Damages Req: $7,200,000: SpecIal Monitoring: IB6, May be
financiaJ liability, Other.
Rec'd in Legal: May 21,1993; Due: NONE, NO SUMMONS ISSUED.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,

Chief, Civil DMslOf\ Atlanta, GA: Wanda Hunt, Staff Counsef,
USP, Atlanta
_~~~~_ _ _ _ _~_~_ _~~~~-

14. CHARLES S. BOCCHINO

v. SARAH B. WESSTER

Court: MIDDLE DISTRICT OF AlABAMA
Docker No.: 93-A-541-N
Institution: FPC, Maxwell Air Force B8S8
Type of Case: Mandamus
Subject. AD REMEDIES
Facts Alleged: Inmate at MeN in 1993 alleges that he has

been refused access to the Administrative Remedy Index In
vloIatJon of Program Statement 1330.7.
Damages Req: 0; SpecIal Monitoring: O. Not assigned to
special monitoring
Rec'd In Legal: May 21, 1993; Due: ()s'2S-1993
AssIgned to: Kenneth E. Vines; Assistant U.S. Attorney
Chief, ClvH Division, Montgomery, At; Angle Grider, Legal

Imem, SERO

JUN 24 '12 1121:56

CEO Utigatfon Report

PFlGE.006

FROM BOP SE REG COUNSEL

----.

June 4, 1993
BENJAMIN BARRY. KRAMER v. METRO-DADE
EPT Of CORRECTIONS, et al
Court: SOUTHERN DtSTRICT OF FlORIDA

•

Docket No.: ~"()798-CIV-HIGHSMITH
Inst/M/on: MCC, Miami

Type of Case: Injunction
Subject: PRETRIAL DETAINEES
Facts Alleged: Inmate at MIA In 1993 alleges that as a

Page 4

18• .HENay· RUDOLPH

Court.

v.

~ITH E.

OLSON,·et 81

N.ORTHERN I)tSTAICT OF FlORIDA

Docket No.: TCA-93-40062-WS
Institution: Fel, Tallaha88ee

Type of Case: Habeas Corpus
Subject: DETAINEAS
Facts Alleged: Inmate at TAL In 1993 alleges that an illegal
detainer has been paced on him by the State of Aorida as a

result of a probation Violation.
pre-trial detainee, he was subject to unconstitutional
conditions of confinement and insufficient medical treatment Damages Req: 0; Special Monitoring: 0, Not assigned to
while being housed in a county jail awaiting trial. Seeks'
special monltorfng
transfer to Mee, Miami.
Rec'd In Legal: Maya. 1993; Due: Q5.21 ..1993
•
Damages Req: 0; Special Monitoring: 0, Not assigned to
Assigned to: Kenneth W. Sukhla; United States Attorney,
special monitoring
Tallahassee, Fl; Dan ROUSi!, Paralegal Specialist, Fel,
Rec'd In Legal: May 2S. 1993; Due: ~2S-1993
TaJlahassee
Assigned to: Maureen Donlan; Assistant U.S. Attorney.
Miami, FL; Mich~eI Pybas, Attorney Advisor. MCC. Miami,

FOC. Miami
16. THEODORE K. GALE v. KEITH E. OLSON, at 81
Coult: NORTHERN DISTRICT OF FLORIDA

Docket No.: TCA 93-40032-WS
'1sm[lJllC)fJ: Fel, Tallahassee
of Case: Habaas Corpus
ubJect: SENTENCING
Facts Alleged: In~te at TAL in 1993 complains that his
sentences shoutd be aggregated.
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring
Rec'd In Legal: May 'ZI, '993; Due: 0&01·1993
Assigned to: Audry A. Butler; Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, Fel.
Tallahassee

17. BUFORD SHEFFIELD v. KEITH OLSON, at 81
COUIT: NORTHERN DISTRICT OF flORIDA

Docket No.: TCA 93-40054/MMP
InsrlMion; Fel, Tallahassee
Type of Case: Habeas Corpus
Subject. DETAINERS
Fact$ Alleged: TAL Inmate In 1993 claims a detainer placed
on him by the State of Florida should be removed as they
had ampe opportunity to prosecute.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
'd in Legal; May 'D. 1993; Due: 05-1S.1993
J:~;I.,nlC1rrl to: Thomas F. Kirwin; Assls1ant U.S. Attorney,
hassee. FL; Dan Rouse, ParaJegaJ Specialist, Fel.

Tallahassee

Significant Activity on
Existing Cases
RUBY J. BLACKWELL v. UNITED STATES
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: ~0306/RV: Type of Case: Federal Ton
Oaims Act; Damages Req: $500,000
Subject. TORT Institution: FPC, Pensacola
Facts Alleged: Civilian visitor at FPC. Pensacola tripped
over loose piece of carpet on 07~O·1990 and Injured
unspecified part of body.

Special Monitoring: 0, Not aSSigned to special monitoring
Date Case Filed: , 0-29-1990
Significant ActivIty; 05-13-1993 Memorandum of Decision
finds for the United States. The case was stipulated for
submission on depositions and affidavits In lieu of trial. The
inmate's vlsltor who fen was found to be a business invitee
under Rorlda law. The plalntJff failed to prove that the floor
mat over which she claims to have tripped was on the

sidewalk or that it caused her fan.

JUN 24 '12 1121:57

CEO Litigation Report

June 4,1993
OHN DAWSON

.,

PRGE.1211217

FROM BOP SE REG COUNSEL

v. ROGER scon·

NORTHER~ ·DISTRICT

OF ALABAMA
Docket No.: CV·92-AR-1·168-E; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FCI, Talladega
Facts Alleged: Inmate at TOG alleges that he has been
denIed credit to his sentence for the time spent in the

half-way house and safe house. may have been in state
custody at the time.
Special MonitorIng: 0, Not assigned to special monitoring
Date Case Filed: 5-20-1992

Significanr Activity. 05-10-1993 In forma pauperis denied on
appeal, dismissed. Appeal to 11th .circuit, 92-1137.
Dismissed, os.. 10-1992
JESSE W. GREEN v. DEPARTMENT OF JUSnCE, et 81
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92.H-1728-E; Type of Case: Personal
Liability Action (Btvens); Damages Req: $125,589.00

Subjecl: CONDlnONS OF CONFINEMENT Institution:
Fel, Talladega
Facts A1leg~: TOG inmate claims violation of Eighth
ment becauSe of housing with Cuban detainees.
hostage in 08-1991 disturbance.
~l.Ic,,'a, Monltpring: le1, Publicity /Impact on staff morale,
All arising from institution disturbances.
Date Case Flied: 07-29-1992
Significant Activity. 04-15-1993 Magistrate's report
recommends granting of government's motion for summary
Judgement. Fel, TalJadega staff were not wantonly or
callously Indlffere.nt to potemlal danger when they placed
this American Inmate in administrative detention with Cuban
Detainees in Alpha Unit just prior to the 1991 hostage
Incident. There had been no prior injuries or security
problems wtth these detainees at Tanadega. There was no
indication they were a threat to the Inmate plaintiff. He did
not suffer any physlcallojurles. Even If the t'John Doe"
correctional officer was negligent In failing to secure the
gate to the recreation area, mere negligence will not support
a clvH rights action. The decision not to allow food or
medical supplies into the unit during the Incident was not an
Eighth Amendment violation. It was a good faith effort to
restore d1sclpllne, not designed to punish. 05-11-1993
Order adopts magistrate's report. dismisses case.

DANNY LOWE

Page 5

Y. GRAI~

TUBBS, at 81

Coutt. SOUTHERN DISTRICT OF GEORGIA
Docket No.: 293·10; Type of Case: Personal LJabnity Action
(Bivens); Damages Req: $500,000.00
Subject: SAFElY. Institution: Fel, Jesup
Facts Alleged: MNA Inmate In 1993 dalms the recreation
yard at JES was unsafe due to on-golng construction In the
area in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 10-13-1992
S/gnlflcam Acrlvtry: OS..()4-1993 Dismissed because Inmate
failed to apprise court of change of address.

RAUL MOJENA v. WILLIAM P. BARR, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92~240/RV; Type of Case: Federal Tort
C1ajms Act; Damages Req: unspecified
Subject: MEDICAL TREATMENT InstltutJon: FCI, Marianne
Facts Alleged: Inmate at MNA In 1992 alleges that he has
not recetved proper medical treatment.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-01-1992
Significant Ac;t;vity. 04-14-1993 Magistrate·s report
recommends dismissal because of Inmate·s fallure to
respond to coort order. 05·11-1993 Order adopts
magistrate's report, dismisses case.
ARMANDO SANTIESTEBAN v. JOSEPH P. CLASS, et 81
Court. NORTHERN DISTRICT OF FLORIDA
Docket No.: MeA 91 -50245JWEA; Type of case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: Fel! Marianna
Facts Alleged: BOP 1mproperty computed parole eligibility
date at MNA In 1992.
Special MonItoring: 0, Not assigned to special monitorfng
Dale Case Filed: 04-13-' 992
Significent AcrMtt: 04-'4.1993 Magistrate's report
recommends dismissal. There Is no ex post facto violation
when changing an incorrect presumptive parole date.
05-14-1993 Order adopts magistrate's repon, dismisses
case.

JUN 24 '12 10:59

PAGE.008

FROM BOP SE REG COUNSEL

PageS

CEO: Liti9ation Report

June 4, 1993
VIC F. RYDE·R

v. W,J.•. THOMPSON,,' et'al

MIDDlE DISTRICT OF ALABAMA
Docket No.: $3~; Type of Case: Habeas Corpus;

Damages Req: 0
Subject: COMMUNITY TREATMENT CENTERS
Institution: FPC, Maxwell Air Force Base
Facts Alleged: Inmate at MON In 1992 aUeges he Is eligible
for 6 months CCC pfacement instead of 2 months approved.
Also claims violation of equal protection as other similar
Inmates are given 6 months.
Special Monitoring: 0, Not assIgned to special monitoring
Dare Case Flied: 03-24-1993
Significant Activity. 04-19-1993 ·Magistrate's report
recommends dismissal because an inmate has no
constitutional right to pacement In CCC. 05·20·1993 Order
adopts magistra~ets report, dismisses case.
DWAYNE HEATON Y. P.I. UnLE, et 81
Court: NORTHERN DISTRICT OF GEORGIA
DocKer No.: 1 :92·CV-2243~TC; Type of Case: Personal
Uability Action (Bivens); Damages Req: 1100.00
Subject: INMATE ACCIDENT COMPENSATION
stiwrtion: USP, Atlanta
Alleged: Inmate at ATL camp in 1992 claims he has
received payment through Inmate Accident
Compensation as a result of an Injury sustained in UNICOR
in 10-91. He also alleges that he was placed on a work
detaH inconsistent with his medical orders. Lastly. he
alleges that he wm be transferred In retaliation as a result of
his lawsuit. There are difficult~es with the merits of this case.
After extensive discussion with institution staff concerning
this maner, It appears he was carried on medicaJ idle status
as a result of a wOrk-related injury for many months. It is
likely that he had recovered, but he was never ordered back
to work. See related case, Floyd v. Stock, FGAN.
Special Monnorlng: 0, Not assigned to special monitoring

Dare Case Filed: 09·22.e2
SignifiC8J7t Acrlvlry: 05-24-1993 Order dismisses case for
failure to file administrative remedies. We wJll probably have
to deal with this matter 8~ln after the inmate has exhausted
remedies.

scon,

JOHN BERRV v. WARDEN
It'al' .
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 91-H-3013-E; Type of Case: Personal
Uabntty Action (Bivens); Damages Req: 0
SUbject. MEDICAL TREATMENT InstiMlon: Fel,
Talladega

Facts Alleged: Unknown, original petition not served. First
notice of case when notke of appeal filed.
Special Mon/rorlng: 0, Not assigned to speclaJ monltoring
Date Case Filed: 12-26-1991
Significant Activity. 04-07-1992 Dismissed for failure to
prosecute. 03-30-1992 Court dismisses Inmate's motIon to
have magistrate disqualified. 04-23-1992 Appeal to 11th
Circuit, 92-6348. 05-05-1993 Appeal dismissed for failure to

prosecute.
ERNEST L CITRON Y. WIWE SCOTT
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: peA 90-30337{WEA; Type of Case: Habeas

Corpus; Damages Req: 0
Subject SENTENCING Institution: FPC, Eglin Air Force
Base

Facts Alleged: Denied jail credit for time in state custody.
Oalms did not receJve credit for time on slate sentence. AT
EGL In 1990.
Special Monitoring: 0, Not ass1gned to special monitoring
Dare Case Flied: 12-10-1990
Slgnfflcant Act/vir;: 11-23·1993 Order dismisses cass. The

inmate is not emitled to credit on his federal sentence for
time in state custody serving a state sentence even though
a federal detainer had been.1odged. 05-04-1993 Appeal to
11 th Circuit. 92-3297.

 

 

CLN Subscribe Now Ad 450x600
PLN Subscribe Now Ad 450x450
Stop Prison Profiteering Campaign Ad 2