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Fbop Ser Monthly Report 1994oct

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3. ORLANDO BENIGNO LORENZO v. MICHAEL
W. GARRETT, et al
Court: NORTHERN DISTRICT OF /lUBAMA
Docket No.: CV 94-PT-2376-E
Institution: FC., Talladega
Type of Case: Personal liability Action (Bivens)
Subject: AD DETENTION, INMATE DISCIPUNE,
VISlnNG, RECREATION, CONDITIONS OF
CONRNEMENT
.
Facts Alleged: TOG detainee In 1994 alleges he was

United States Government
Memorandum
Date:

November 2. 1994

Reply to
Attn. of:

Sherree L SturgIs. RegIonal
Southeast RegIon. Bureau of Pri'"

SUbJect:

October. 1994 SER Litigation

To:

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

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Cou~

New Cases
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arbitrarily placed In administrative detention. Conditions In
administrative detention were severe; no heat, restrictions
on hygiene, etc. exercise period was very short and
visitation was limited.
Damages Req: unspecffied: Special Monitoring: ICS.
Publicity /Impact on staff morale, Other.: SERO: Regional
office staff are alleged to be Involved In this ~se.
- Rec.'d In Legal: October 24.1994; Due: NONE. NO SUMMONS

1. ENEL DESIR v. JANET RENO, et al
Court. SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-1479-CIV-DAVIS
Institution: MCC, Miami
Type of Case: Federal Tort Claims Act (FTCA)
Subject MEDICAL TREATMENT
" _~ts Alleged: Inmate at DAN In 1994 alleges while at MIA In
( . ~, he was not given adequate medical treatment
..... following exploratory surgery In liver/spleen area. He
suffered continued bleeding and pain.
Damages Req: $1,750,000; Special Monitoring: 1C7,
Publicity I Impact on staff morale, Medical Malpractice;
SERO: Regional office staff are not alleged to be
Involved In this case.
Rec'd in Legal: September 30. 1994; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Marilyn Lindsey; Assistant U.S. Attorney.
Miami, FL; Michael Pybas, Sen for Attorney Advisor, FOC.
MCC, Miami

ISSUED.

Assigned to: Richard Mahler, Torts Branch, Department of
Justice, Washington, D.C.: Van Vandivier. Deputy Regional
Counsel, SERO
~ 4. SALVADOR MAGLUTA v. F.

P. SAM
SAMPLES, at ••
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2700-0DE
Institution: USP, Atlanta
Type 01 Case: Personal LlabUIty Action (Bivens)
Subject: INMATE DISCIPUNE AD DETENTION,
CONDITIONS OF CONFINEMENT
Facts Alleged: ATL detainee 1994 alleges whUe at TOG In
1992 he was arbitrarily placed In administrative detention.
Conditions In administrative detention were severe:
temperature cold, no control over hygiene, no space, etc.
Recreation time and visitation hours were shortened.
Damages Req: unspecffied; Special Monitoring: 105,

~~~~~~~~~~~~~~~~~~- Pu~lclty/lmpacton~mo~~Othe~:SERO:Reg~n~

.' ,.
\
.....

office staff are alleged to be Involved In this case.
2. NARCISO CARRILLO v. UNITED STATES
Rec'd In Legal: October 24, 1994; Due: -1994
Court: SOUTHERN DISTRICT OF FlORIDA
Assigned to: Sharon Douglas Stokes; Assistant U.S.
Docket No.: 88-684-CR-MAACUS
1
Attorney, Atlanta, GA : Van Vandivier, Deputy Regional
Institution: MCC, Miami
Counsel. SERO
Type of Case: Other, Petition for Corum Nobis
Subject SENTENCING
Facts Alleged: Inmate at MIA In 1994 alleges that Inaccurate
Information exists In his PSI.
Damages Req: 0; Special Monitoring: 0, Not assigned to
speclaJ monitoring; SERO: Regional office staff are not
lIeged to be Involved In this case.
ec'd in Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, Civil DMslon, Miami, Fl; Michael Pybas.
Senior Attorney Advisor, FOC. MCe, Miami
319 f

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November 2, 1994

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JOSE R. DE lA FE Y. UNITED STATES, et al

~urt: NORTHERN DISTRJCT OF GEORGIA

Docket No.: 1:94-CV-1639-FMH
Institution: USP, Atlanta
Type of Case: Personal liability Action (Bivens)
Subject. SAFETY TORT
Facts Alleged: BSP Inmate alleges he received several
Injuries when he fell out of a bus at ATl in 1992 because of
the faDure of staff to take appropriate safety precautions.
Damages Req: $6,000.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Reg ional office
staff are alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: Unknown
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, CivD Division, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP, Atlanta

8. UNITED STATES v. PEDRO ANTONIO MOJICA
Coult. DISTRICT OF PUERTO RICO
Docket No.: 94-000
Institution: MDC, Guaynabo
Type of Case: Habeas Corpus
Subject: INS SENTENCING
Facts Alleged: Inmate at GUA In 1994 alleges that he Is
~I~g required to serve his full sentence prior to deportation.
'-'.' ~ages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
Assigned to: Gulllermo Gil; United States Attorney. Hato
Rey, PR; Zoe Laboy, Attorney Advisor, MOC, GUAYNABO
------------------7. PAUL E. SHAVER v. UNITED STATES
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-50122\LAC
Institution: FCI. Marianna
Type of Case: Federal Tort Calms Act (FTCA)
Subject: PROPERlY
Facts Alleged: Inmate at MNA In 1994 alleges his crutches
were lost after he was transferred to JES in 1993.
Damages Req: $120.00; Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: October 24,1994; Due: NONE. NO SUMMONS

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ISSUED.

AssIgned to: Michael Finney; Assistant U.S. Attorney,
Pensacola, FL; Angle Grider, Legal Assistant, SERO

Page 2

8. DAVID BRASWELL v. BUREAU OF PRISONS. et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV294-63
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Subject: CLASSIFICATION FOI-PRIVACY
Facts Alleged: Inmate at JES In 1994 alleges that Incorrect
Information in his PSI has resulted In a higher classHicatlon
leVel.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NONE. NO SHOW CAUSE
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney,
Savannah, GA; Michael Dedman. Paralegal Specialist. FCI,
Jesup
.
9. UNITED STATES, et al v. ANTONIO JOSE
LOPEZ·PEREZ, et al
Court: SOUTHERN DISTRJCT OF flORIDA
Docket No.: 94-8097-CR-KiNG
In~tltution: MCC. Miami
Type of Case: Habeas Corpus
Subject: VISITING
Facts Alleged: Court orders MIA to permit pre-trial detainee
to visit with his wife.
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: ·1994
Assigned to: Kevin S. Kozak; Assistant U.S. Attomey, Miami,
FL; Michael Pybas, Senior Attorney Advisor, FOC, MCC.
Miami

~ 10. FREDEL WIWAMSON v. GEORGE E. HURST
Coult. NORTHERN DISTRICT OF FLORJDA
Docket No.: 94-000
Institution: Fel. Marianna
Type of Case: Mandamus
Subject LAW UBRARIES
Facts Alleged: Inmate at MNA in 1994 alleges that the law
library Is not being operated per policy requirements.
Damages Req: 0; Special Monitoring: 1013. Case
management may be a problem, Multiple use of form
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NONE, NO SHON CAUSE

------------------~ed~:~~~~~~~M~

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Pensacola, Fl; Steriing Dawson, Paralegal Speclalfst, Fel,

:

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GEORGE WILSON v. BUREAU OF PRISONS
• NORTHERN DISTRICT OF FLORIDA

Docket No.: 94-000
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject TRANSFERS ACCESS TO COURTS
Facts Alleged: Inmate at MNA in 1994 seeks a transfer back
to MEM In order to adequately address several cases that
he has presently pending.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Stertlng Dawson, Paralegal Specialist, FCI,
Marianna
12. CLAYTON P. CROWE v. FRED J. STOCK

(

'-.
"'" •

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2173.JTC
Institution: USP. Atlanta
Type of Case: Habeas Corpus
Subject SENTENCING
cts Alleged: Inmate at ATL In 1994 alleges that he has
n placed In federal custody without explanation. He
eges that there has been an Improper use of a writ ad
prosequendum.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: 10-11·1994
Assigned to: Sharon Douglas Stokes; Assistant U.S.
Attomey, Atlanta, GA ; Mike Bredenberg, Staff Counsel,
USP, Atlanta

Docket No.: 94-000
Institution: FCI, Marianna
Type of Case: Mandamus
Subject LAW UBRARIES
Facts Alleged: Inmate at MNA In 1994 alleges that the law
library Is not being operated per policy requirements.
Damages Req: 0; Special Monitoring: 1013, Case
management may be a problem, Multiple use of form
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NONE. NO SHOW CAUSE
Assigned to: Michael Finney; Assistant U.S. Attorney,
Pensacola, FL; Stertlng Dawson, Paralegal Specialist, Fel,
Marianna
~

15. JORGE DURANGO v. GEORGE E. HURST
~ Court: NORTHERN DISTRICT OF fLORlDA
Docket No.: 94-000
Institution: FCI, Marianna
Type of Case: Mandamus
Subject LAW UBRARIES
Facts Alleged: Inmate at MNA In 1994 alleges that the law
library Is not being operated per policy requirements.
Damages Req: 0; Special Monitoring: 1013, Case
management may be a problem, Multiple use of form
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
Rec'd In Legal: October 24,1994; Due: NONE. NO SHOW CAUSE
Assigned to: Michael Finney; Assistant U.S. Attomey,
Pensacola, FL; Stertlng Dawson, Paralegal Specialist, Fel,
Marianna

tC;t 18. RAYMOND OLSEN v. GEORGE E. HURST
~ Court: NORTHERN DISTRICT OF FLORIDA
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 94-000
Docket No.: 94-000
Institution: Fel, Marianna
Institution: FCI, Jesup
Type of Case: Mandamus
Type of Case: Injunction
Subject LAW UBRARIES
Subject MEDICAL TREATMENT
Facts Alleged: Inmate at MNA In 1994 alleges that the law
Facts Alleged: Inmate at JES In 1994 alleges that he is not
library Is not being operated per policy requirements.
receiving adequate medical care, including physical
Damages Req: 0; Special Monitoring: 1013, Case
therapy, for several conditions that stem from a birth defect management may be a problem, Multiple use of form
which resutted in his being a paraplegic.
pleading; SERO: Regional office staff are not alleged to
Damages Req: 0; Special Monitoring: IC7, Publicity I Impact be Involved In this case.
on staff morale, Medical Malpractice; SERO: Regional
Rec'd In Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
offlce staff are not Illeged to be involved in this case.
Assigned to: Michael Finney; Assistant U.S. Attorney,
ec'd In Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
Pensacola, FL; Sterling Dawson, Paralegal Specialist, Fel,
Igned to: Dolora L Kennebrew; Assistant U.S. Attorney.
Marianna
Savannah. GA; Michael Dedman, Paralegal Specialist, Fel,
Jesup
919

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~ 14. NELSON SARDINA v. GEORGE E. HURST
Court: NORTHERN DISTRICT OF flORIDA

~

13. DANIEL J. FEDERLE v. VIC lOY, et al

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17. GREGORY SOWEll v. GEORGE E. HURST
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-000
Institution: FCI, Marianna
Type of Case: Mandamus
Subject: LAW UBRARIES
Facts Alleged: Inmate at MNA In 1994 alleges that the law
library Is not being operated per policy requirements.
Damages Req: 0; Special Monitoring: 1013, Case
management may be a problem, Multiple use of form
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
Rec'd In Legal: October 24,1994; Due: NONE, NO SHOW CAUSE
Assigned to: Michael Anney; Assistant U.S. Attorney,
Pensacola, FL; Sterling Dawson, Paralegal Specialist, FCI.
Marianna
~ 18. LEROY BUSH v. GEORGE E. HURST
~ Court. NORTHERN DISTRICT OF flORIDA

Docket No.: 94-000
Institution: Fel, Marianna
Type of Case: Mandamus
Subject: LAW UBRARIES
',·Alleged: Inmate at MNA In 1994 alleges that the law
C, . . . .ry is not being operated per policy requirements.
-'
Damages Req: 0; Special Monitoring: 1013, Case
management may be a problem, Multiple use of tonn
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
Rec'd in Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
Assigned to: Michael Finney; Assistant U.S. Attorney,
Pensacola, FL; Stertlng Dawson, Paralegal Specialist, FCI,
Marianna .

A:is

~ 19. LEONARDO RUBIO v. GEORGE E. HURST

~ Court. NORTHERN DISTRICT OF flORIDA

Docket No.: 94-000
Institution: FCI, Marianna
Type of Case: Mandamus
Subject LAW UBRARIES
Facts Alleged: Inmate at MNA In 1994 alleges that the law
library is not being operated per policy requirements.
Damages Req: 0; Special Monitoring: 1013, Case
management may be a problem, Multiple use of form
pleading; SERO: Regional office staff are not alleged to
be Involved In this case.
ec'd In Legal: October 24, 1994; Due: NONE, NO SHOW CAUSE
.
signed to: Michael Finney; Assistant U.S. Attorney,
(,.,...
ensacola, FL; Sterling Dawson, Paralegal Specialist, Fel,
Marianna

~

3194

20. CHARLES ELLENBERG, JR. v. BUREAU OF
PRISONS, et 81
Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 6:94-2445--3AK
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: SENTENCING COMMUNITY TREATMENT
CENTERS
Facts Alleged: Inmate at ATL In 1994 alleges that his
sentence should be modified to allow for CTC placement
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monftoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24. 1994; Due: 10-21-1994
Assigned to: William C. Lucas; Assistant U.S. Attomey,
GreenvDle, SC; Ken Hyle, Attorney/Advisor, SERO
21. CHARLES ELLENBERG, JR. v. BUREAU OF
PRISONS, et al
Court. DISTRICT OF SOUTH CAROUNA
Docket No.: 6:94-2445-3AK
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: SENTENCING COMMUNITY TREATMENT
CENTERS
Facts Alleged: Inmate at ATl In 1994 alleges that his
sentence should be modified to allow for CTC placement.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be involved In this case.
Rec'd in Legal: October 24. 1994; Due: 10-21-1994
Assigned to: William C. lucas; Assistant U.S. Attorney,
Greenville, SC; Ken Hyle, Attorney/Advisor, SERO
22. DEXTER CONROD v. JAMES MOSELY, et al
Court. NORTHERN DISTRICT OF ALABAMA
Docket No.: 94·H~788-E
Institution: FCI, Talladega
Type of Case: Personal Uabnity Action (Bivens)
Subject: VISlnNG
Facts Alleged: Inmate at TOG In 1994 alleges that his wHe
and chDdren were denied visitation rights.
Damages Req: $50,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this ca •••
Rec'd In Legal: October 24. 1994; Due: 10-07-1994
Assigned to: Winfield' J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Kathleen Kenney, Attomey Advisor, FCI,
Talladega

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26. GLENN AUN MARTINOFF v. _
DUKES, et al
Court. DISTRICT OF SOUTH CAROUNA
Docket No.: 9:94-2609-1IhJC
Institution: FCI, Estill
Type of Case: Personal liability Action (Bivens)
Subject. MEDICAL TREATMENT, WORK, FOOD SERVICE
Facts Alleged: Inmate at EST In 1994 alleges that he was
assigned to work In food services In violation of his medical
order.
Damages Req: $835,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: October 24,1994; Due: Unknown
Assigned to: Jay Preston Strom; U.S. Attorney. Columbia,
SC; Jon M. Adduci, Paralegal Specialist, FCI, EstUI

JORGE MUNOZ v. U.S. GOVERNMENT
Court. SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-000
Institution: FPC, Eglin
Type of Case: Injunction
Subject: CLASSIFICAnON
Facts Alleged: Inmate at EGL in 1994 alleges he has been
placed In an Institution In vfolatlon of his judgment and
imprisonment order.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 24, 1994; Due: NON~ NO SHOW CAUSE
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, CtvU DMslon, Miami, FL; Gerelene Gooden,
Paralegal Specialist, Southeast Regional Office

24. ROBERT M. BROWN, JR v. MIKE PElTlFORD, et al
Court. DISTRICT OF SOUTH CAROUNA
Docket No.: 9-94-2611-17-JC
Institution: Fel, Estill
Type of Case: Personal UabDity Action (Bivens)
Subject. PROPERTY
," __ . : t s Alleged: Inmate at EST In 1994 alleges that his Bible
(
yer was taken and not returned.
"'"
ages Req: $300,000; Special Monitoring: O. Not
.
assigned to special monitoring: SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: October 24. 1994; Due: Unknown
Assigned to: Jay Preston Strom; U.S. Attorney, Columbia,
SC; Jon M. Adduci, Paralegal Specialist, Fel, Estill

27. ANDREW WALKER Y. UNITED STATES, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2567-ODE
Insmutlon:USP,At~~

.

25. CALVIN R. MAmSO" Y. TONY BROWN, et al
Court. DISTRICT OF SOUTH CAROUNA
Docket No.: 9:94-2610-6-JC
Institution: FCI, Estill
Type of Case: Personal Uabllity Action (Bivens)
Subject. CORRESPONDENCE
Facts Alleged: Inmate at EST In 1994 alleges that his maO is
being tampered with In the maflroom.
Damages Req: $500,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional Office
staff are not alleged to be Involved In this case.
Rec'd In Legal: October 24. 1994; Due: Unknown
Assigned to: Jay Preston Strom: U.S. Attorney, Columbia,
SC; Jon M. Adduci, Paralegal Specialist, FCI, Est"'
------------------

(~

Type of Case: Personal Uabnlty Action (Bivens)
Subject. PROPERTY
Facts Alleged: Inmate at AlL in 1994 alleges that his
property was conflscated and destroyed whOe In SHU.
Damages Req: $1,250,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: October 31. 1994; Due: 12·20-1994
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, CIvU DMsion, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP, Atlanta, .
28. JERRY D. ASHMORE v. KATHLEEN HAWKE, et al
Court. NORTHERN DISTRICT OF GEORGIA
Docket No.: 94-000
Institution: USP J Atlanta
Type of Case: Personal Uability Action (BiYens)
Subject. ASSAULTS WORK
Facts Alleged: Inmate at FPC. ATL In 1994 alleges that he
was assaulted by a staff member at work.
Damages Req: $350,000; Special Monitoring: 0, Not
aSSigned to special monitoring; SERO: Regional office
staff are not alleged to be involved In this case.
Rec'd In Legal: October 31,1994; Due: NONE. NO SUMMONS
ISSUED.

Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, CIvD Division, Atlanta, GA; Mike Bredenberg, Staff

_Co_u_n_seJ_,_U_S_P_,A_tl_8_nta
_ _ _ _ _ _ _ _ _ _ __

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SELBIE MCNAIR-BEY v. FEDERAL BUREAU OF
ISONS, et al
Court. NORTHERN DISTRICT OF flORIDA
Docket No.: 94-1941-CIV-OAVIS
Institution: MCC, Miami
Type of Case: Personal liability Action (Bivens)
Subject AD REMEDIES .
Facts Alleged: Inmate at MIA In 1994 alleges he submitted a
BP-9 to the Regional Office due to Its sensitive nature. It
was rejected sent back to the Institution arbltrarUy. When it
was resubmitted at the Institution. it was lost.
Damages Req: $75.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are alleged to be Involved In this case.
Rec'd In Legal: October 31. 1994; Due: 12·19-1994
Assigned to: Peter Outerbridge; Assistant U.S. Attorney.
Miami. FL; Michael Pybas, Senior Attorney Advisor. FOC.
MCC. Miami

30. DAVID EARL HUGHES v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2523-ODE
Institution: USP, Atlanta
Type 01 ease: Habeas Corpus
" _bJect: SENTENCING CLASSIFICATION
( ' .. •
cts Alleged: Inmate at ATL In 1994 alleges that the BOP Is
not computing his sentences correctly which has placed
him In a different severity level.
Damages .Req: 0; Special Monitoring: O. Not assigned to
special monitoring; SERO: Regional office staff are
alleged to be Involved In this case.
Rec'd In Legal: October 31.1994; Due: NONE. NO SHOW CAUSE
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief. CIvI DMslon. Atlanta. GA; Mike Bredenberg. Staff
Counsel.USP.Adanm
------------------31. GEORGE TERZADO v. FRED STOCK, et al

Coult: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1;94-cv-1n1.JEC
Institution: USP, Atlanta
Type of Case: Personal Uability Action (Bivens)
Subject: ASSAULTS
Facts Alleged: Inmate at ATl In 1994 alleges that he was
assauJted by two officers.
Damages Req: $2,050,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
. 1 : ' d In Legal: October 31, 1~; Due: NONE. NO SUMMONS
..

SUED.

\.,
'..

Igned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief. Clvl DMslon. Atlanta. GA; Mike Bredenberg. Staff
Couns~,USP.AHaRm

319

A. 32.

THE STATE OF SOUTH CAROUNA v. DAVID

~JEPSEN
Court: SOUTH CAROUNA STATE COURT.

Docket No.: 94GS25-0486
Institution: FCI, Estill
Type of Case: Other, Criminal Prosecution
Subject CRIMINAL PROSECUTION
Facts Alleged: SC Is prosecuting Inmate for the murder of
Inmate Solomon Gilbert at EST on 07-10-1994. Crime will
be prosecuted by the state because federal Jurisdiction of
EST property has not yet been obtained.
Damages Req: 0; Special Monitoring: IB1, All cases
Involving a death.; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: October 31. 1994; Due: 11·14-1994
Assigned to: Randoph Murdock, 98th Circuit Solicitor. Eart
L Cotton. Assistant Regional Counsel, SERO

Significant Activity on
Existing Cases
ANTHONY EUGENE CASH v. JOSEPH P. CLASS, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 92-50199/RV; Type of Case: Personal
LlabDity Action (Bivens); Damages Req: $200,000
Subject: REUGION Institution: FCI, Marianna
Facts Alleged: Hebrew Israelite Inmate at MNA In 1992
alleges that he has not been allowed to use the Institution
chapel for his religious worship.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-27-1993
Significant Activity: 10-03-1994 Order adopts magistrate's
report. dismisses case. 09-13-1994 The magistrate's report
recommends dismissal after applying the standard
established by the Religious Freedom Restoration Act.
ClaimS for declaratory and Injunctive relief are moot
because the Inmate Is no longer housed at the same
institution. The court finds the defendants are entitled to
qualified Immunity protection because the actions In
question occurred In 1992. Prison officials are not required
to forecast future legislative or judicial decisions. In 1992
there was no clearly established law requiring prison
officials to permit Inmates to attend congregational religious
services Instead of or In addition to providing Inmates with
reading materials. religious counseling. and time for prayer.
The prisoner failed to present any evidence showing that the
exercise of his religion was substantially Infringed by the
denial of a Kosher diet

CEO Litigation Report
November 2, 1994
NICK CINDIA Y. ROGER F. SCOTT, et II
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-93-AR-1547-E: Type of Case: Habeas
Corpus; Damages Req: $1.274.000.00
Subject. COMMUNITY TREATMENT CENTERS
CLASSIFICATION, DISCRIMINATION Institution: FCI,
Talladega
Facts Alleged: Inmate at TOG in 1993 alleges that he was
denied "full'· placement at a CTC due to racial discrimination.
Also challenges PSF based on weapon.
Spec/al Monitoring: IA1. Precedent\ Public Safety Factor
Date Case Filed: OS..()3-1993
Significant Activity: 10-05-1994 Order adopts maglstrate·s
report. dismisses case. 09-13-1994 The maglstrate·s report
recommends dismissal because the granting of CCC
placement Is discretionary and the Inmate has presented no
evidence to support his claim of racial discrimination.
-----------------JON MICHAEL HUNTER v. UNITED STATES PAROLE
COMMISSION, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 92-50252/WEA; Type of Case: Habeas
Corpus; Damages Req: 0
Subject. PAROLE Institution: FCI, Marianna
'.....cts Alleged: Inmate at MNA In 1993 alleges that the
C. . . .role Commission has arbitrarOy and capriciously not
,~
given him credit for state time toward the parole guidelines.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 01-12-1993
Significant Activity: 10-14-1994 Order adopts magistrate·s
report. dismisses case. 09-09-1994 The maglstrate·s report
recommends dismissal based on Inmate·s petition for
voluntary dismissal.

Page 7

JOE MOWISH v. MATTHEW ARNOLD, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV294-69; Type of Case: Injunction; Damages
Req:O
Subject: ASSAULTS Institution: FCI, Jesup
Facts Alleged: JES inmate alleges he has been subjected to
staff assaults In retaliation for another clvD action. FGAS.
294-11. TRO hearing scheduled for 05-26.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 05-16-1994
Significant Activity: 10-25-1994 Dismissed without prejudice
for faOure to seNe defendants with 120 days.
PHIWP N. NORMAN v. ANDRE IVORY, et

8.

COUrt. NORTHERN DISTRICT OF GEORGIA

Docket No.: 1:92-CV-1833-RLV; Type of Case: Personal
liability Action (Bivens); Damages Req: $4.000.000.00
Subject: INMATE DISCIPUNEInstltut/on: USP, Atlanta
Facts Alleged: ATL Inmate claims false information was put
in his Progress Report resulting In USPC not Issuing
a parole date. He also alleges discriminatIon based on race
and Inmate assault at the request of staff In retaliation for
filing administrative remedies.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 07-30-1992
Significant Activity: 09-13-1994 Order grants the
govemment·s motion for summary Judgement. dismisses
case. Material facts are not In Issue because the Inmate
challenges the staff membefs version of the facts by
submitting affklavits containing Inadmissible hearsay.

W

RICHARD PELLEGRINO v. UNITED STATES
_
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-50124-WEA; Type of Case: Tort;
FREESTON LEWIS v. ROGER BAXTER, et al
Damages Req: $1.200.00
Court: NORTHERN DISTRICT OF FLORIDA
Subject. PROPERTY Institution: FCI, Marianna
Docket No.: 92-50326-RV; Type of Case: Personal liability
Facts Alleged: Inmate at MNA In 1993 alleges that some of
his property was lost. destroyed. misplaced. or stolen as a
Action (Bivens); Damages Req: $272,500
Subject. INMATE DISCIPUNE AD DETENTION,
result of his transfer due to Hurricane Andrew in 1992.
TRANSFERS Institution: FCI, Marianna
Spec/al Monitoring: ICS. Publicity I Impact on staff morale.
Facts Alleged: Inmate at THA In 1993 alleges that while he
Resulting from OS-92 Hurricane Andrew
1
was In MNA 1n 1992. a false Incident report was knowingly
Date Case Filed: 08-30-1993
written against which resulted In an Institutional transfer and Significant Activity. 10-17-1994 Order grants the
inmate segregation. Drugs were found In package
government·s motion for summary judgement. dismisses
addressed to him.
case. 09-08-1994 Maglstrate·s report recommends
Special Monitoring: 0, Not assigned to special monitoring
dismissal. The United States Is immune under
Date Case Filed: 08-17-1993
FlCA because the discretionary function exception because
Significant Activity: 10-13-1994 Order adopts magistrate·s
the handling of Inmate property Immediately prior to and
~Port. grants summary Judgement, dismisses case.
after Hurricane Andrew was clearty discretionary
(_ ~29-1994 The maglstrate·s report recommends dismissal.
implementation of policy within the scope of this exception.
',,- A prisoner has no right to be protected from false
The claim would also be barred under 28 U.S.C. 2680(c)
allegations. This prisoner had the process due to him In the because the items In question were property detained by
DHP proceeding.
mw enforcement officials.
31 L

.....
CEO Litigation Report
November 2, 1994

PageS

ORY RICHARDSON Y. JOHN E. HAHN
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-000; Type of Case: Habeas Corpus;
Damages Req: 0
Subject SENTENCING Institution: FPC, Pensacola
Facts Alleged: Inmate at PEN In 1993 alleges that he should
be given credit towards his sentence for time spent In a

T

MARVIN YIZAR Y. WARDEN R. HONSTED, at 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-166; Type of Case: Personal liability
Action (Bivens); Damages Req: $4,000.212.25
Subject MEDICAL TREATMENT Institution: FCI, Jesup
Facts Alleged: Inmate formerty at JES complains about
housing conditions In ATlin 1990. He also complains
about the medical treatment at ASH In 1990 for Injury from
Special Monitoring: O. Not assigned to special monitoring
a fall. Medical condition was not property treated at JES.
Date Case Filed:
He claims a staff member at JES stole money from him and
SignNicant Activity: 10-04-1994 Closed for Inaction. No
his good time credit was cancelled at JES. He also
Show Cause order Issued.
complains that JES staff has Interfered with his maD. Lastly
- - - - - - - - - - - - - - - - - - - he alleges that the U. S. Marshalls stole some of property
MICHAEL LEE SAMMONS Y. ROGER F. SCOTT
during transport to ATlin 1990.
Court: NORTHERN DISTRICT OF ALABAMA
Special Monitoring: 0, Not assigned to special monitoring
Docket No.: CV-93-H-1291-E; Type of Case: Personal
Date Case Filed: 10-14-1992
UabDfty Action (Bivens): Damages Req: $500.000
Significant Activity. Appeal to Eleventh Circuit, 93-8536.
Subject: LAW UBRARIES Institution: Fel, Talladega
06-16-1994 Order vacates district court decision and
remands for consideration of a possible FTCA claim.
Facts Alleged: Inmate at TOG In 1993 alleges that the law
04-06-1993
Order grants government's motion for summary
library Is Inadequate.
Judgement.
dismisses case. Exhaustion of remedies
Special Monitoring: 0, Not assigned to special monitoring
argument
was
denied because Injunctive relief claims
Date Case Filed: 06-28-1993.
became
moot
when
the Inmate was released. The Inmate
Significant Activity: 10-07-1994 Order adopts maglstrate's
faDed
to
establish
that
this was a serious medical need
port, grants summary Judgement dismisses case.
within
the
constitutional
definition.
12-1994 The magistrate's report recommends dismissal
, . r Inmates failure to respond to the government's motion.
'- . The cases the prisoner alleges he needed were available to
him.

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~

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31 8

 

 

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