United States Government
Memorandum

3.
MANUEL HERNANDEZ v. FEDERAL BUREAU OF
PRISONS, at al

Court: EASTERN DISTRICT OF TEXAS
Docket No.: 5:94-C\f-099
Institution: FCI, Texarkana
Type of Case: Habeas Corpus
Subject: CLASSIFICAnON DISCRIMINATION -INMATE
Facts Alleged: Inmate at TEX In 1994 alleges that he was
designated out of the Southeast region because of his

December 9, 1994

Reply to
Attn. of:

Sherree L Sturgis, Regional Coun
Southeast Region. Bureau of Prls

Subject:

November, 1994 SER litigation

To:

Cuban nationality.

Damages Req: 0; Special Monitoring: 0, Not assigned to

SEA CEOs, Regional Administrators
Institution Paralegals and Attorneys
Wallace H. Cheney, General Counsel
Joyce Zoldak. Associate General Counsel

special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.

Rec'd In Legal: November 30. 1994; Due: -1994
Assigned to: Ruth Yeager; United States Attorney,
Beaumont, TX; Ken Hyle, Attorney/AdvIsor, SERO

New Cases

- - - - - - - - - - - - - - -........- - 4.
RONALD GREEN v. UNITED STATES
1. RICHARD LEE LEWIS v.
BEAMER
Court: EASTERN DISTRICT OF PENNSYlVANIA

s.

Docket No.: 94-CV-5706
Institution: USP, Atlanta
Type of Case: Federal Tort Claims Act (FTCA)
Subject: ASSAULTS
Facts Alleged: Inmate at ATL In 1992 alleges he was
assaulted as a result of BOP negligence because he was
housed In the same cell as an Inmate with a history of sexual

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2343-00E
Institution: USP, Atlanta
Type of Case: Personal UabUIty Action (Bivens)
Subject: INMATE DISCIPUNE AD DETENnON
Facts Alleged: Inmate at ATL In 1994 alleges that he was
placed in segregation arbitrarUy.

·
O

Damages Req: $40,000; Special Monitoring: 0, Not

assault.

Damages Req: unspecified; Special Monitoring: O. Not

ssigned to special monitoring; SERO: Regional office
Itaff are not alleged to be Involved In this case.

assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.

Rec'd In Legal: November 30.1994; Due: -1994
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief. Civil Division. Atlanta. GA; Mike Bredenberg. Staff
Counsel, USP. Atlanta

---------------------------------~ 2.

Rec'd In Legal: November 30.1994; Due: 12.21-1994
Assigned to: Michael R. Stnes; U.S. Attomey, Phnadelphla,
PA: Mike Bredenberg, Staff Counsel. USP, Atlanta

ROOSEVELT BURGESS, III v. U.S. MARSHALS 5.
SELBIE MCNAIR-BEY Y. FEDERAL BUREAU OF
PRISONS, et al

~ Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-1880-MHS
Institution: USP, Atlanta
Type of Case: Personal Llabnlty Action (Bivens)
Subject: ASSAULTS
Facts Alleged: Pre-trial detainee alleges that he was

assaulted whne at ATl In 1994 for a psychiatric examination.
Alleges staff and Inmates were using drugs.
Damages Req: unspecHled; Special Monitoring: 1014. Case
management may be a problem; SERO: Regional office
staff are not alleged to be Involved In this case.

Coulf: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-1979-CIV-GRAHAM
Institution: MCC, Miami
Type of Case: Federal Tort Calms Act (FTCA)
Subject: PROPERTY
Facts Alleged: Inmate at MIA in 1994 alleges that his
property was misplaced as a resuh of being placed In SHU.

Damages Req: $244.10; Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are alleged to be Involved In this case.

Rec'd In Legal: November 30, 1994; Due: 12·14-1994
AsSigned to: Jane W. Swift; Assistant U.S. Attorney, Atlanta,

Rec'd In Legal: November 30, 1994; Due: 12-28-1994
Assigned to: Peter Outerbrldge: Assistant U.S. Attorney,

GA: Mike Bredenberg. Staff Counsel, USP, Atlanta

Miami. FL; Michael Pybas. Senior Attorney AdvIsor, FOC,
MCC.Mlaml

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DEC 2 094
3184
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Page

CEO Litigation Report
December 9,.. 1994
GERARDO PEREZ y. BUREAU OF PRISONS, at al

8. WIWAM ROGER BOONE v. FEDERAL BUREAU
OF PRISONS
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-40493-MP
Docket No.: 94-2182-CIV-WOF
Institution: Fel, Tallahassee
Institution: MCC, Miami
Type of Case: Habeas Corpus
Type of Case: Habeas Corpus
Subject INMATE DISCIPUNE
Subject
SENTENCING
Facts Alleged: TAL Inmate TAL In 1994 alleges his due
process rights were violated as a result of a disciplinary
Facts Alleged: Inmate at MIA In 1994 alleges that the Bure
action for escape. The charge Is vague and overbroad.
Is not computing his sentence correctly after his parole we
revoked.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
Damages Req: 0; Special Monitoring: 0, Not assigned to
alleged to be involved In this case.
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: November 30, 1994; Due: 01·12-1995
Rec'd In Legal: November 30, 1994; Due: 11·15-1994
Assigned to: Audry A. Butler, Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, CIvD OMslon, Miami, FL; Michael Pybas,
Tallahassee
- - - - - - - - - - - - - - - - - - - Senior Attorney Advisor, FOC, MCC, Miami
7. JAIME CARDONA v. J. L SIVLEY
10. SELBIE MCNAIR-BEY v. BUREAU OF PRISONS
Court: NORTHERN DISTRICT OF AJ.ASAMA
etal
Docket No.: CV-94-HM-2086-E
Court: SOUTHERN DISTRICT OF FLORIDA
Institution: FCI,Taliadega
Docket
No.: 94-2044-CIV-UNGARO-BENAGES
Type of Case: Habeas Corpus
Institution: MCC, Miami
Subject FINES
.
Type of Case: Personal UabDIty Action (Bivens)
Facts Alleged: Inmate at TOG In 1994 alleges that the BOP
Subject
MEDICAL TREATMENT
has Imposed a fine on him In violation of his underlying
Facts
Alleged:
Inmate at MIA In 1994 alleges that he has I
sentence because the FFLS faDed to Impose the fine.
received
adequate
medical treatment for a foot problem.
Damages Req: 0; Special Monitoring: 0, Not assigned to
Damages Req: $15,000,000; Special Monitoring: 0, Not
special monitoring; SERO: Regional office staff are not
assigned to special ~nltorlng; SERO: Regional office
alleged to be Involved In this case.
staff are not alleged to be Involved In this case.
Rec'd In Legal: November 30, 1994; Due: 10-26-1994
Rec'd In Legal: November 30, 1994; Due: 12·28-1994
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney.
Assigned to: Robyn J. Hermann; Assistant U.S. Attomey.
Birmingham. AL; Kathleen Kenney. Attorney Advisor, FCI,
Deputy Chief, CIvD OMslon. Miami, FL; Michael Pybas.
Talladega
- - - - - - - - - - - - - - - - - - - Senior Attorney AdvIsor. FDC. MeC, Miami
8. JOSEPH J. SCHEPIS, JR. v. FRED STOCK
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2805-RCF
Institution: USP. Atlanta
Type of Case: Habeas Corpus
ANTHONY EUGENE CASH v. JOSEPH P. CLASS, et a
Subject AD DETENTION
Court:
NORTHERN DISTRICT OF FLORIDA
Facts (U/eged: Inmate at ATl in 1994 alleges that he was
Docket No.: MCA 92-50199/RV; Type of Case: Personal
placed In segregation without a proper hearing. The BOP
liability Action (Bivens); Damages Req: $200,000
plans to transfer him for no reason.
Subject REUGION institution: FCI, Marianna
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring; SERO: Regional office staff are not
Facts Alleged: Hebrew Israelite Inmate at MNA In 1992
alleged to be Involved In this case.
alleges that he has not been allowed to use the Institutlol
Rec'd In Legal: November 30, 1994; Due: NONE, NO SHOW CAUSE chapel for his religious worship.
Special Monitoring: 0, Not assigned to special monitorin
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff
Date Case Filed: 04-27-1993
Counsel, USP, Atlanta
Significant Activity: 11-30-1994 Appeal to Eleventh Circu
- - - - - - - - - - - - - - - - - - - 94-3296.
• NORTHERN DISTRICT OF flORIDA

Significant Activity on
Existing Cases

3185

Page 3

CEO Utlgation Report
December 9, .1994
MOTHY CLARK Y. ROGER F. SCOTT, etal
• NORTHERN DISTRICT OF ~
Docket No.: CN 92-a.1414; Type d Case: Personal UabDity
Action (Bivens); Damages Req: $200.000.00
Subject: MEDICAL TREAntEHT Institution: Fel.
Talladega
Facts Alleged: TOG inmate. dams he fell on greasy floor
whOe working In food service on 03-13-1992 and was not
given appropriate medical care.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-19-1992
Significant Activity: Order adOlU magistrate's report,
dismisses case. 09-01-1994 The magistrate's report
recommends dismissal because at most the plaintiff alleges
negligence. Individuals caMC1 be sued in a civI rights
action under the theory cI respondeat superior. The court
mentions, but does not address the defense that the Demko
process provides the exclusive remedy In this situation
~~~~~~~~~~~~~~~~~~-

UNITED STATES v. AUGUSTO GUILLERMO FALCON, et
al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-606O-CR-MORENO; Type of Case: Habeas
Corpus; Damages Req: 0
,.,.
Subject: ACCESS TO COURTS Institution: MeC, Miami
(' ";~ts Alleged: Inmates at An.. MIA and a county jan alleges
\ .... ~t their access to the courts and their counsel has been
hampered by conditions cI custody imposed by BOP. This
challenge was made via motion tied in their criminal case.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 07~7-1993
Significant Activity: 11-23-1994 Magistrate's report
recommends denial of motion to dismiss criminal charges
_beca~_us_e_of_the~long
__a_SSlQ_·_fVTleIt~~_to_S_H_U_._ _ _~~_
UNITED STATES v. ROBERT LEE FIELDS, JR.
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 89-8069-CR~ZlOCH; Twe 01 Case: Habeas
Corpus: Damages Req: 0
Subject: SENTENCING Institution: Fel, Talladega
Facts Alleged: Court orders BOP to credit inmate with time
spent In a residential treatment center.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-19-1993
Significant Activity. 10-25-1993 Order dismisses case.

(,

•
3186

.a.

BRETT FENSTER v. HARRY K. SINGLETARY,
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 93-1851-CIV-KEHOE: Type ot Case: Personal
Uabil~ Action (Bivens); Damages Req: $22,005,000
Subject: CORRESPONDENCE, ACCESS TO COURTS,
LAW UBRARIES Institution: MCe, Miami
Facts Alleged: Inmate at MIA In 1993 alleges that whOa In
state detention center, his legal maD was confiscated, the
law library was Inadequate. he was not anowed to
communication openly with this attomey. and his legal mall
was opened.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 11-15-1993
Significant Activity: 10-19-1994 BOP defendants dismissed.
VICTOR GONZALEZ v. FRED STOCK. et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1 :92-CV-1300-JTC; Type of Case: Personal
~~~Ad~n~~n~;~~aR~:$100,OO1

Subject: AD DETENTION Institution: USP, Atlanta
Facts Alleged: Inmate at ATL In 1993 alleges that he was
found guilty of conduct which disrupts, based on .
Information In a memo Instead of that In the Incident report.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 06-02-1993
Significant Activity: 11-18-1994 Order dismisses case for
fanure to effect proper service.
~ KENNETH LINN v. ROBERT MATTHEWS
~ Court: NORT~ERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-12n-ODE: Type of
Case: Habeas Corpus; Damages Req: 0
Subject: TRANSFERS Institution: USP, Atlanta
Facts Alleged: Calms transfer from to MNA to ERE In 1991
In retaliation for cooperation with Internal Investigation of
staff misconduct.
Special Monitoring: 1012. Case management may be a
problem, Less than 72 hours response time.
Date Case Filed: 06-03-1991
Significant Activity: 10-19-1994 Order dismisses case as
moot because the Inmate no longer desired 8 transfer.

CEO Utigation Report
December 9,'·1994

(I

~ERBERT LOUIS MILLER v. DARLEEN MCCLUNG, et II
~

bourt: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-93-HM~1-NE; Type of Case: Personal
L1abDIty Action (Bivens): Damages Req: $5000
Subject: INMATE DISCIPUNE, ACCESS TO COURTS
Institution: Southeast Region
Facts Alleged: Inmate presendy detained In local Jan was
housed at a haH-way house In 1993 and states he was
disciplined based on false Information. He also alleges that
his legal materials were confiscated which hampers his
pursuit of a pending action, CV 92-7107.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-05-1993
S/gnNicant Activity: 09-23-1994 Order adopts magistrate's
report, dismisses case. 09-01-1994 The. magistrate's report
recommends dismissal for fanure to state constitutional
claims.

Page 4

JAMES VERNON SELLERS v. G. E. HURST
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 94-50155/RV; Type of Case: Habeas
Corpus; Damages Req: 0
Subject SENTENCING, TRANSFERS, CONDlnONS OF
CONFINEMENT Institution: ~CI, Marianna
Facts Alleged: Inmate at MNA In 1994 alleges that he was
arbitrarUy transferred which resulted In loss of good time
credit. loss of Job In. UNICOR, loss of pay grade Increase,
loss of educational opportunities, and poor conditions of
confinement.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 07-18-1994
Slgnfficant Activity: 10-24-1994 Order adopts magistrate's
report. dismisses case. 09-28-1994 The magistrate's report
recommends dismissal.

MICHAEL HENRY SMITH v. J. MICHAEL QUINLAN, et al
~ CHARUE WADE POWELL v. RICHARD C. ERWIN, Coutt: NORTHERN DISTRICT OF ALABAMA
~~~
.
Docket No.: 93-PT-o533-E: Type of Case: Personal LlabUIty
Court: MIDDLE DISTRICT OF NORTH CAAOUNA
Action (Bivens): Damages Req: $3000
Docket No.: 6:90CVOO171; Type of Case: Personal liability Subject FOI-PRIVACY Institution: FCI, Talladega
Action (Bivens); Damages Req: $150,000.000
Facts Alleged: TDG inmate claims requiring IFRP payments
Subject MEDICAL TREATMENT Institution: Fel,
Is extortion because withholding ellglbUIty for benefits.
alladega
Information placed In his central file should be removed a~
the defendants refused to do so.
acts Alleged: Assaulted by police during arrest In 1988.
Criminal trial Judge was prejudiced. Transferred from
Special Monitoring: 0, Not assigned to special monitoring
county JaB to BUT In 1989 for evaluation. Unidentified staff
Date Case Filed: 03-19-1993
at BUT administered Involuntary Injection which caused
Slgnfficant Activity: 07-27-1994 Appeal to Eleventh Circuit,
Infectious disease. USM transported him to TOG In 1989
94-6694. 02-28-1994 Order adopts 02-09-1994 magistrate's
where he was housed In segregation and refused
report. dismisses case. 10-26-1994 Appeal dismissed.
medication. He was returned to BUT In 1989.
Special Monitoring: 1011, Case management may be a
MARVIN YIZAR v. WARDEN R. HONSTED, et al
problem. Numerous Institutions Involved
Coutt: SOUTHERN DISTRICT OF GEORGIA
Date Case Filed: 04-02-1990
Docket No.: CV 292-166; Type of Case: Personal LlabDIty
SignNicantActlvlty: 10-28-1994 Order adopts magistrate's
Action (Bivens): Damages Req: $4,000,212.25
report, dismisses case. 09-22-1994 The magistrate's report Subject: MEDICAL TREATMENT Institution: FCI, Jesup
recommends dismissal for faOure to allege sufficient
Facts Alleged: Inmate formerly at JES complains about
personal Involvement by the defendants. Notice of appeal
housing conditions In ATL In 1990. He also complains
about the medical treatment at ASH In 1990 for Injury from a
fall. Medical condition was not properly treated at JES. He
claims a staff member at JES stole money from him and his
good time credit was cancelled at JES. He also complains
that JES staff has Interfered with his maD. Lastly he alleges
that the U. S. Marshalls stole some of property during
transport to ATL In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 10-14-1992
Slgnfficant Activity: 10-17-1994 Order denies motion to
supplement record, dismisses case.

Q

_fD_ed_._________________

o

3187