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Fbop Ser Monthly Reports 1992oct-dec

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Membrandum

Date:

November 3. 1992

Reply to
Attn. of:

Sherree L Sturgis, Regional COUl)Se1'f\
Southeast Region, Bureau of Pris

Subject:

Octobe~,

To:

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

1992 SER Litigation

1. COMMODITY FUTURES TRADING COMMISSION
AND THE STATE OF FLORIDA v. DANIEL WEISS
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 8S-3565-CIV-ATKINS
Institution: FCI, Tallahassee
Type of Case : Habeas Corpus
Subject: RELIGION
Facts Alleged: Civil contempt detainee at FDC TAL (from
alleges he was denied his right to religious worship.
1992 court order requesting that the inmate be
r.m,fArrl'ri from FDC TAL to FCI TAL to allow observance of
Yom Kippur.
Damages Req: 0; Special Monitoring: 1012. Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: October e, 1992; Due: NA
Assigned to: Marilyn Lindsey; Assistant U.S. Attorney,
Miami, FL; Van Vandivier, Deputy Regional Counsel, SERO
2. WILLIE BEARD v. VICTOR GEORGE STRINGER, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92-H-1397-E
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: ACCESS TO COURTS
Facts Alleged: Inmate at TOG alleges that he was
tran sferred under the guise of a medical need when In reality
the purpose was to remove him from the court's jurisdiction
involving another current case, FALN, 90-1317.
Damages Req: $60,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October 8. 1992; Due: 12-04-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
AL: Gerelene Gooden, Paralegal Specialist,
I Talladega

3. MARVIN YIZAR v. WARDEN R. HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-166
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate formerly at JES complains about
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 property treated at JES. He
claims a staff member at JES stole money from him and his
good time credit was cancell ed at JES. He also complains
that JES staff has interferred with his mall. Lastly he alleges
that the U. S. Marshalls stole some of property during
transport to ATLin 1990.
Damages Req: $4,000,212.25: Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: Octobe r 8.1992; Due: 11-27-1992
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
J esup
4. MARTIN LOVIG v. U.S. BUREAU OF PRISONS, el al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-000
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: ATL inmate all eges he suffered a knee injury
as a result of an assault in TOG in 1990. Medical assistence
after the Inital surgery was deliberately withheld resulting In
undue physical and emotional pain. He further alleges that
he Is entitled to workman's compensation as a result of
working for UNICOR.
Damages Req: $1 ,300.000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October e. 1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to : Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega

CEO Litigation Report
October, 1992 Litigation- Page 2
MARTIN LOVIG v. U.S. BUREAU OF PRISONS, et al
NORTHERN DISTRICT OF ALABAMA

No.: 92-{)00
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: ATL inmate alleges he suffered a knee Injury
as a result of an assault In TOG in 1990. Medical asslstence
after the inital surgery was deliberately withheld resulting in
undue physical and emotional pain. He further alleges that
he is entitled to workman's compensation as a result of
working for UNICOR.
Damages Req: $1.300.000.00; Special Monitoring : 0, Not
assigned to special monnoring
Rec'd in Legal: October 8. 1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal SpeCialist,
FCI, Talladega
5. JIMMY DILLON BROWN v. UNITED STATES OF
AMERICA
MIDDLE DISTRICT OF ALABAMA

No.: 92-H-1166-N
FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at MON alleges that he should be
given credit toward his sentence for time spent in official
detention.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October e, 1992; Due : 10-13-t 992
Assigned to: David L. Allred; Assistant U.S. Attorney,
Montgomery, Al; Darrin C. Scott, Attorney Advisor, SERO
rnslllu,,'urt:.

6. THOMAS, JR. CIAMBRONE v. RICHARD
THORNBURGH, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1519-RCF
Institution : USP, Atlanta
Type of Case: Mandamus
Subject: CONDITIONS OF CONFINEMENT
Facts Alleged: Conditions in SHU in ATL In 1990: Wants
unlimited phone calls, daily clothing changes, private
showers, additional exercise, read ing materials. religious
services.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October e, t992; Due: 12-22-1990
Assigned to: Curtis E. Anderson ; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Va n Vandivier, Deputy
Regional Counsel, SERO
7. WILLIAM J. SHEFFIELD v. UNITED STATES PAROLE
COMMISSION, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-242
Institution: FCI, Jesup
Type of Case: Habeas Corpu s
Subject: COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at JES all eges that his CCC
placement was denied as a result of Hurricane Andrew
rather than because of something that he has done. He
also complains that his parole date was set aside for no
apparent reason. Note same inmate is litigating Issues
related to CCC placement in FFLS, 91-2844-CIV-NESBITI.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October 8, t 992; Due : 10-23-1992
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup

CEO Litigation Report
October, 1992 Litigation- Page 3
UNITED STATES v. JAMES PETER MCALLISTER

10. FRANK C. MONTELEONE v. UNITED STATES
PAROLE COMMISSION, et al
Court: NORTHERN DISTRICT OF FLORIDA
UOC;Kel No.: 2:92-CR-008-03-JTC
Docket No.: 92-40305-MMP
Institution: USP, Atlanta
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Type of Case: Habeas Corpus
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at ATL alleges that he didi not receive Subject: INMATE DISCIPLINE
pwper madical treatment In 1992. Subpoenaed medical
Facts Alleged: MIA inmate claims insufficient evidence to
staff as part of criminal case to testify on 10-15.
support 01-92 DHO finding of possession of contraband.
where
item was found inside a mattress. Assaulted by an
Damages Req: 0; Special Monitoring: 1012, Case
inmate
at MIA and blinded. sight restored w~h an operation.
management may be a problem, Less than 48 hours
Claims
further disciplinary action were taken after his
response time.
transfer to TAL.
Rec'd in Legal: October 22,1992; Due: -1992
Damages Req: 0; Special Monitoring: 0, Not assigned to
Assigned to: Curtis E. Anderson; Assistant U.S. Allorney,
Chief, Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel, special monitoring
Rec'd in Legal : October 23, 1992; Due: 11-30-1992
USP, Atlanta
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Assigned to: Audry Dee Ann Butler; Assistant U.S. Allorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
9_ UNITED STATES OF AMERICA v. MARIA OFELIA
Tallahassee
HERRERA
Court: SOUTHERN DISTRICT OF FLORIDA
11. KIMBERLY V. LOVETT v. FRED J. STOCK, et al
Docket No.: 92-2332-CIV-DAVIS
Court: NORTHERN DISTRICT OF GEORGIA
stit,uflc.n: FCI, Pleasanton, California
Docket
No.: 1:92-CV-1853-RCF
of Case: Habeas Corpus
Institution: USP, Atlanta
SENTENCING
Typ e of Case: Personal Liability Action (Bivens)
Facts Alleged: Inmate at PLE sentenced from FFLS
Subject:
FURLOUGHS
ccmplains that time spent on electric monitoring
Facts Alleged: Inmate at ATL alleges that his furlough
surveillance should be credited toward her sentence.
request to allend his father's funeral was arbitrarily denied.
Damages Req: 0; Special Monitoring : 0, Not assigned to
special mon~oring
Damages Req: $3,000,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October 22,1992; Due: -1992
Rec'd in Legal: Octobe r 23, 1992; Due: -1992
Assigned to: Karen E. Rochlin; Assistant U.S. Allorney,
Miami, FL; Mary Swint, Legal Assi stant, SERO
Assigned to: Curtis E. Anderson; Assistant U.S. Allorney,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chief, Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
USP, Atlanta
NORTHERN DISTRICT OF GEORGIA

CEO Litigation Report

October, 1992 Litigation- Page 4
DONALD WILSON v. FRED STOCK
NORTHERN DISTRICT OF GEORGIA

No.: 1:92-CV-999-MHS
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject: ACCESS TO COURTS
Facts Alleged: Inmate at ATL alleges that his rights were
violated as a re sult of a NTSB hearing In which he chose not
to appear but was made to appear. He also asserts that he
was denied legal counsel and was denied the right to
present witnesses at the hearing.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Aec'd in Legal: Oclober 23,1992; Due: 11·3().1992
Assigned to : Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta, GA; Wanda Hunt, Staff Counsel, USP, Atlanta

VV'.M"

13. DAVID SCOTT KINARD v. UNITED STATES, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-AR·2286
Institution : AL State Institution
of Case: Habeas Corpus
. SENTENCING
Alleged: I nmate who Is currently In state custody
complains of a detainer that has been placed on him. He
was under the understanding that his state sentence would
run concurrent with his fed eral sentence.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: Ocl ober 23,1992; Due: 10-29·1992
Assigned to : Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Darrin C. Scott, Attorney Advisor, SERO
14. WILLIAM R. BURNETTE v. UNITED STATES
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-AR-2243-E
Institution: FCI, Talladega
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at TDG alleges that he should receive
credit towards his sentence for time served on a bond.
Note: Same issue: FALM, 92-A-915-N
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: October 23,1992; Due : 10-29-1992
Assigned to: Winfield J. Sinclair; Assi stant U.S. Attorney,
Amingham, AL; Gerelene Gooden, Paralegal Specialist,
Talladega

W I,

15. JOSE LUIS JIMENEZ v. UNITED STATES
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1334
Institution : FCI, Ashland
Type of Case: Habeas Corpus
Subject: DETAINERS
Facts Alleged: Inmate at ASH alleges that a detainer should
be removed as th e charges were dismissed by the United
State's Attorney's office.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: Oclober 23, 1992; Due: ·1992
Assigned to : Vivian Rosado; Assistant U.S. Attorney, Miami,
FL; Gene Dixon, Paralegal Special ist, SERO
16. SHERMAN HUDSON v. W. J. THOMPSON, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 3-90-75-01
Institution: FPC, Maxwell Air Force Base
Typ e of Case : Habeas Corpus
Subject: COMMUNITY TREATMENT CENTERS
Facts Alleged: TYN inmate claims he should be placed in a
community treatment center. He alleges that he was told
initially that he was eligible for 120 days, but this was later
reduced to 50 days.
Damages Req : 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: Oclober 26, 1992; Due: -1992
Assigned to: D. Broward Segrest; Assistant U.S. Attorney,
First Assistant, Montgomery, AL; Earl L. Cotton, Assistant
Regional Counsel, SERO
17. GARY S. WILLIAMS v. J . MICHEAL QUINLAN, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1387-R LV
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject: PROTECTIVE CUSTODY
Facts Alleged: Inmate at ATL alleges that he was classified
to special housing unit as a result of overcrowding. He also
received administrative detention as a result of this
classification.
Damages Req: 75,001.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: Oclober 26, 1992; Due: NA
Assigned to : Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
USP, Atlanta

CEO Litigation Report
October, 1992 Litigation- Page 5

~_
~

JESSE W_ GREEN v_ DEPARTMENT OF JUSTICE,
. NORTHERN DISTRICT OF ALABAMA

Docket No.: CY 92-H-1728-E
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: CONDITIONS OF CONFINEMENT
Facts Alleged: TOG inmate claims violation of Eighth
Amendment because of housing with Cuban detainees.
Taken hostage in 08-1991 disturbance.
Damages Req: $125,589.00; Special Monitoring: IC1,
Publicity /Impact on staff morale, All arising from Institution
disturbances.
Rec'd in Legal: October 'n, 1992; Due: 01-15-1993
Assigned to: Winfield J. Sinclair; Assi stant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega

19. AGUSTIN H. EXPOSITO v. DONNA STRATMEN
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-{)00
1f1.<,rlff/;rJ()n: FPC, Tyndall Air Force Base
of Case: Habeas Corpus
SENTENCING
Facts Alleged: Inmate at TYN complains that time spent on
bend in 1991 should be credited towards his sentence.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October 29.1992; Due: -1992
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Attorney, Pensacola FL ; Sharon Ragland, Paralegal
Specialist, Sou1heast Regional Office

20. SECUNDINO GONZALES v. JOHN E. HAHN
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-30352
Institution : FPC, Eglin
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at EGL alleges that his sentence has
not been computed properly. He alleges that time spent in
a half way house should be credited towards his sentence.
He also complains that the administrative remedy process
does not afford him the relief that he needs.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Lega l: October 29.1992; Due : 12-1&-1992
Assigned to : Samuel A. Alter, Jr.; Supervising Assistant U.S.
Attorney, Pensacola FL ; Gene Dixon, Paralegal Specialist,
SERO
21. GWYNNE E. JUDGE v. ROBERT HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CY 292-254
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: JES Inmateclaims he has not received
proper medical treatm ent for a mental cond~ion. He was
denied access to courts and race discrimination because of
a failure to provide appropriate hair products. A hearing for
a TRO has been set for 11-2-92.
Damages Req: 1250.00; Special Monitoring: 1012, Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: October 29. 1992; Due: 12-26-1992
Assigned to : Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup

CEO Litigation Report
.E.ctober, 1992 Litigation- Page 6
WILLIAM VASQUEZ v. BUREAU OF PRISONS, et al
SOUTHERN DISTRICT OF FLORIDA

No.: 92·2201-CIV-MARCUS
Institution : MCC, Miami
Type of Case: Federal Tort Claims Act
Subject: PROPERTY
Facts Alleged: Inmate presently at SPG claim s MIA staff
members failed to secure his property when placing him in
adminlnlstrative detention.
Damages Req: $192.40; Special Monitoring: 0, Not
assigned to special mon~oring
Rec 'd in Legal: October 29. 1992; Due: ·1992
Assigned to: Karin D. Wherry; Assistant U.S. Attorney,
Miami, FL ; Eart L. Cotton, Assistant Regional Counsel,
SERO

23. WILLIAM B. EDMONDSON v. UNITED STATES OF
AMERICA
Court: NORTHERN DISTRICT OF AlABAMA
Docket No.: CV 92-AR-2396-E
Institution : FCI, Talladega
of Ca se : Mandamus
COMMUNITY TREATMENT CENTERS
cts Alleged: Inmate at TOG alleges that his approval for
community corrections center was withdrawn as a result of
information recieved from a AUSA. The AUSA fe lt further
criminal proceedings were pending against the inmate.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec 'd in Legal: October 29,1992; Due: 1().23- 1992
Assigned to : Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal SpeCialist,
FCI , Talladega
__ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _

scon,

24. TIMOTHY CLARK v. ROGER F.
et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92·B-1414
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: TOG inmate claims he fell on greasy floor
while working in food service on 03-13-1992 and was not
given appropriate medical care.
Damages Req: $200,000.00; Special Monitoring: 0, Not
assigned to special mon~orlng
Rec'd in Legal: October 29,1992; Due : 11·29-1 992
ssicmedto : Winfield J. Sinclair; Assistant U.S. Attorney,
rminnh~r" AL; Sharon Ragland, Paralegal Specialist,
OUlne'3S( Regional Office

Significant Activity on
Existing Cases
COMMODITY FUTURES TRADING COMMISSION AND
THE STATE OF FLORIDA v. DANIEL WEISS
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 85-3565-CIV-ATKINS ; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: RELIGION Institution: FCI, Tallahassee
Facts Alleged: Civil contempt detainee at FDC TAL (from
FFLS) alleges he was denied his right to religiou s worship.
On 10-2-1992 court order requesting that the Inmate be
transferred from FDC TAL to FCI TAL to allow observance of
Yom Kippur.
Special Monitoring: 1012, Case management may be a
problem, Less than 48 hours re sponse time.
Date Case Filed: 09-30-1992
Significant Activity: 10-05-1992 We decided not to attempt to
make further objections to the order because BOP policy
gives judges some authority to designate where civil
contemnors will be housed. We will treat this as an order
specifying the place of confinement. Also because of the
short time fram e, we did not feel we could obtain further
judicial review of the issue before the time for compliance.
We count this as a loss beca use we were not successful in
changing the court's order.
MELVIN ANDERSON v. FRED J. STOCK
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV·952 ·RLV; Type of Case: Habeas
Corpus; Damages Req : 0
Subject: AD DETENTION Institution: USP, Atlanta
Fa cts Alleged: Ill egall y given mental health treatment and
placed in special housing at SPG, BUT and ATL In 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04·22-1992
Significant Activity: 08-25·1992 Magistrate's report
recommends dismissal for moot ness because the Inmate
has been tran sferred out of the district.

CEO Litigation Report
October, 1992 Litigation- Page 7
BARNHILL v. SCOTT NARDER, et al
SOUTHERN DISTRICT OF FLORIDA
No.: 91-0927·CIV-MORENO; Type of Case: Personal
Uability Action (Bivens); Damages Req: unspecified
Subject: ASSAULTS Institution: MCC, Miami
Facts Alleged: Staff member Identified Inmate as a sn~c h.
thus placing him In danger at MIA in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 05-16-1991
Significant Activity: 09-29-1992 Government's motion for
summary judgement granted. Case dismissed.

ROBERT LACEY CAMPBELL v. ROBERT L. MATTHEWS,
et al
Court: NORTHERN DI STRICT OF GEORGIA
Docket No.: 1:91 -CV·1538; Type of Case: Personal Llabil~
Action (Bivens); Damages Req: $900 ,000
Subject: CLASSIFICATION Institution: USP, Atlanta
Facts Alleged: Improper computation of security and
custody levels at ATL in 1991 .
Special Monitoring : 0, Not assigned to special monitoring
Date Case Filed: 07-05·1991
Significant Activity: 09·24-1992 Judgement dismisses case.

MICHAEL BAY v. FRED STOCK
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92·CV-361-JOF; Type of Ca se: Habeas
Corpus; Damages Req: 0
Subject: INMATE DISCIPLINE Institution: USP, Atlanta
Facts Alleged: Inmate not advised of his right to remain
silent before interviewed relating disciplinary action at EGL
in 1991. PresenUy at ATL.
Special Monitoring: 0, Not assigned to special monitoring
te Ca se Filed: 02-14-1992
m"""a"rActivity: 09-11-1992 Order dismisses case.

FIDEL DIAZ v. R.E. HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No. : CV 292·94; Type of Case: Mandamus;
Damages Req: 0
Subject: FOI-PRIVACY Institution: FCI, Jesup
Facts Alleged: Denied social furl ough, filed administrative
remedy. Demanded a copy of the administrative remedy
index and was denied.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed : 03·15·1992
Significant Activity: 08·27-1992 Magistrate's report
recommends dismissal as moot because the Bureau gave
him a copy of the administrative remedy Index he was
seeking . 09·18·1992 Order Dismisses case.

HENRY BLACKMON v. ROGER SCOTT, et af
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV·91-PT -0856·E; Type of Case: Mandamus;
Damages Req: 0
Subject: CONDITIONS OF CONFINEMENT Institution :
FCI, Talladega
Facts Alleged: Conditions In Alpha Unit at TOG in 1991 .
Complains about officer control of plumbing and power, not
given the same clothing as general population. Not given 5
hours of exercise. Employees use abusive language. Law
library Is not adequate. Retaliation for complaints about

THOMAS, JR. CIAMBRONE v. RICHARD THORNBURGH,
et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90·CV·1519·RCF; Type of Case: Mandamus;
Damages Req: 0
Subject: CONDITIONS OF CONFINEMENT Institution :
USP, Atlanta
Facts Alleged: Conditions in SHU in ATL in 1990: Wants
unlimited phone calls, daily clothing changes, private
cond~ions.
showers, additional exercise, reading materials, religious
Special Monitoring: 0, Not assigned to special mon~oring
services.
Date Case Filed: 07-10·1991
Special
Monitoring: 0, Not assigned to special monitoring
Significant Activity: 09-04-1992 Dismissed for failure to
Date Case Filed : 07·12·1990
exhaust administrative rem edies.
_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ Significant Activity: 10·25·1991 Order dismisses case
because inmate fail ed to follow court order relating to
service.

CEO Litigation Report
October, 1992 Litigation- Page 8

scon,

EASTWOOD v. ROGER
et al
NORTHERN DISTRICT OF ALABAMA
Dcx:ket No.: CV-92·AR.{)831·E; Typ e of Case: Habeas
Corpus; Damages Aeq: $140,320.00
Subject: PROTECTIVE CUSTODY Institution : FCI,
Talladega
Fa cts Alleged: TAL inmate objects to placement in
administrative detention In 1991. Claims should be
tran sferred to safe institution. Claims conditions in detention
subject him to cruel and unusual punishment causing
physical and mental deterioration. Lost opportunities to
eam extra good time.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04'{)8·1992
Significant Ac tivity: 09·17-1992 Dismissed for failure to
respond to court's Inquiry concerning his finances.
MARVIN NICHOLAS ENGLE v. WARDEN J.D. LAMER, el
al
Court: NORTHERN DI STRICT OF FLORIDA
Docket No.: TCA 91-40324/MMP; Type of Case: Habeas
Corpus; Damages Aeq: 0
: DETAINERS Institution : FCI, Tallahassee
Alleged: Seeks removal of d etainer under lAD
oec:aw,e FL has not prosecuted in a timely manner.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09'{)5-1991
Significan t Activity: 05-15·1 992 Order dismissed case.
JORGE LUIS GARCIA v. R.E. HONSTED, el al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-1920·CIV·KEHOE; Type of Case: Habeas
Corpus; Damages Aeq: 0
Subject: SENTENCING In:;titution: MCC, Miami
Facts Alleged: Paroled from CCC in 12·90 and
administratively returned to Institution in 01-91 because
sentence had been improperly computed, not eligible for
parole. Now at MIA in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-30·1991
Significant Activity: 03-27-1992 Disposition stayed pending
disposhion of closely related matter by the Eleventh Circuh.

JAMES GRANT v. U.S.P.C., et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 89-40281-WS; Type of Case: Habeas
Corpus; Damages Aeq: 0
Subject: INMATE DISCIPLINE Institution : FCI, Tallahassee
Facts Alleged: DHO assured that sanctions imposed would
not effect parole date. On that basis inmate waived
witnesses and staff represe ntative. Now has parole
retardation.
Special Monitoring : 0, Not assig ned 10 special monitoring
Date Case Filed : 12-07-1989
Significant Activity: 10-31 -1 99 1 Dismissed for failure to
prosecute.
LOUIS RONALD HOFFER v. DON J. SOUTHERLAND, el
al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No. : CV89-A-2137E ; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: INMATE DISCIPLINE Institution: FPC, Maxwell
Air Force Base
Facts Alleged: Parole recision because disciplinary action at
MON In 1989 invalid.
Special Monitoring : 0, Not assigned to special monitoring
Date Case Filed: 12- 15 -1989
Signific ant Activity: 01-19-1990 Order adopts magistrate's
report, dismisses case.
FRANK EDMUND HOFFMAN v. J. CLASS
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 91-500048/WEA; Type of Case : Habeas
Corpus; Damages Aeq: 0
Subject: SENTENCING Institution: FCI, Marianna
Facts Alleged: Denied extra good time for pretrial
incarceration at MNA in 199 1.
Special Monitoring : 0, Not assigned to special monhoring
Date Case Filed : 04-02-1991
Significant Activity: 06-06-1991 Order dismisses case with
prejudice based on 05-21-1991 magistrate's report.

CEO Litigation Report
October, 1992 Litigation- Page 9
B. JOHNSON v. ROBERT L. MATIHEWS, et al
NORTHERN DISTRICT OF GEORGIA
voc:~er No.: 9O,{)00; Type of Ca se : Personal Liability Action
(Bivens); Damages Req: $100,000
Subject: FURLOUGHS Institution: USP, Atlanta
Facts Alleged: Denied furlough and CTC placement from
ATL camp In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-26-1990
Significant Activity: 10-31-1990 Magistrate's report
recommend s dismissal. An inmate has no protected
interest in transfer to a CTC or having a furlough. The
inmate's allegation of discrimination because others with
sentences for more serious crimes were permitted these
privileges also fail ed because the inmate did not all ege that
he was denied these privileges because of membership in a
protected class. 01-29-1991 Order dismisses case.
WILLIAM MARTELL-ROSADO v. U.S .A.
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 91-A-1781-E; Typ e of Case : Habeas Corpus;
Damages Req: 0
SENTENCING Institution: FCI, Talladega
Alleged: Seeks jail credit for presentence time on
confinement in PRo At TDG in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08'{)1-1991
Significant Activity: 09-21-1992 Order dismisses case based
on magistrate's report dated 08-28-1992. Objections to the
report were overruled .
JOHN CHARLES McGROARTY v. JOSEPH P. CLASS
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 90-50243; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Marianna
Facts Alleged: Illegal aggregation of sentence at MNA in
1990
Specia l Monitoring : 0, Not assigned to special monitoring
Date Case Filed: 01-24-1991
Significant Activity: 08-21-1992 Dismissed with prejudice
based on Magistrate's report dated 07-20-1992. Inmate
fruled to continue to prosecute the cause.

CALVIN WAYNE MOORE v. W.H. SEIFERT
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 89-D-l055-N; Type 01 Case: Habeas Corpus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FPC, Maxwell
Air Force Base
Fa cts Alleged: Denied medical care after amputation of leg
at MON in 1989. Refused to allow fitting for new artificial leg.
Special Monitoring: 0, Not assigned to special monhoring
Date Case Filed: 09-25-1989
Signilicant Activity: 01-23-1990 Order dismisses case upon
inmate's reque st to discontinue action. Government may bill
for costs.
ROBERT M. MORRISON v. SHEREE L. STURGIS
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-2759-JTC; Type of Case: Fed eral Tort
Claims Act; Damages Req: $129.95
Subject: PROPERTY Institution: FCI, Marianna
Facts Alleged: Watch lost at MNA while Inmate In
segregation in 1989.
Special Monitoring : 0, Not assigned to special monhoring
Date Case Filed: 12-12-1990
Significant Activity: 08-13-1992 Dismissed under 28 U.S.C.
2680(c), property loss whil e in the custody of law
enforcement officials. Federal Tort Claims Act does not
apply.
WILLIE S. POTIER V. BUREAU OF PRISONS
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-806-JTC; Type of Case : Habeas
Corpus; Damages Req : 0
Subject: SENTENCING In stitution: USP, Atlanta
Facts Alleged: Claims to be entitled to meritorious good
time and parole superi or achievement award that would
make him eligible for immediate release from ATL in 1992.
Special Monitoring : 0, Not assigned to special monhoring
Date Case Filed: 04-03-1992
Significant Activity: 08-12-1992 Di smissed for lack of
jurisdiction.

CEO Litigation Report
October, 1992 Litigation- Page 10
RAMON SANCHEZ v. U.S. B.O.P., et al
Court: SOUTHERN DISTRI CT OF FLORIDA
Docket No. : 90·2749·CIV·HO EVELER; Type of Ca se:
Docket No.: 1 :90-CV-515·MHS ; Type of Case: Other,
Habeas Corpus; Damages Req: 0
Contract Matter; Damages Req: 0
Subject: MEDICAL TREATMENT Institution: MCC, Miami
Subject: BUDGETS Institution : USP, Atla nta
Facts Alleged: Cannot be given proper medical care for for
leg injury in prison at MIA in 1990.
Facts Alleged: Faulty demolition work at ATL.
Special Monitoring: 0, Not assigned to special monitoring
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06'{)5-1990
Date Case Filed: 12-11 -1990
Significant Activity: 05-24 ·1 99 1 Order dismisses case based
Significant Activity: 04'{)4-1991 Voluntary dismissal by
on magistrate's report. Dismissed w ithout prejudice for
plaintiff w ith prejudice.
_ _ _ __ __ _ _ _ _ _ __ _ _ __ _ _ _ fa ilure to exhaust administrative remedies.
ICE & SONS GRADING COMPANY v. AD M IRAL
RANCE COMPANY
NORTHERN DISTRICT OF GEORGIA

JUAN CARLOS RESTREPO v. WILLIAM FLORES, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 89-40279·MMP; Type of Ca se : Personal
Uability Action (Bivens); Damages Req: 0
Subjec t: INMATE DISCIPLINE Institution: FPC,
Homestead, Florida

f

Facts Alleged: Set up by HOM staff for attempted escape
charge in 06·89.
Specia l Monitoring: 0, Not assigned to special monitoring
te Case Filed: 12'{)8·1989
nifica nt Activity: 03·27-1991 Order dismisses case based
12-27-1 990 magistrate's report.
JAMES R. RICE v. THOMAS O'MALLEY, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-1463-CIV·G RAHAM; Type of Case: Personal
Uability Action (Bivens); Damages Req : 0
Subjec t: AD DETENTION Institution: MCC, Miami
Fa cts Alleged: Conspiracy to Inflict harsher treatm ent on
MIA inmate In 1991 by placing in Ad Detention and delay in
delivery of mall.
Special Monitoring: 0, Not assigned to special monitoring

WILLIAM SMITH v. U.S . DEPARTMENT OF JUSTICE, et
al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1 :89 ·CV·1 310; Type of Case: Personal Liability
Acti on (Bivens); Damages Req : $13,500,000
Subject: INMATE DI SC IPLINE In stitution: MON
Facts Alleged: Charged with st ealing at MON in 1988 based
on use of credit card to make phone calls.
Specia l Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09·08- 1989
Significant Activity: 02·26·1 990 Dismissed for Improper
venue.
ISSAC W. THOMAS v. UNITED STATES, et 81
Court: NORTHERN DISTRICT OF ALABAMA

Docket No.: 92-H ·0869·E; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FCI,
Tallad ega
Facts Alleged: Interference with mail, legal papers seized,
urine sample demanded without probable cause, denied
eye glasses and dentures, a victim of involuntary servitude
Date Case Filed: 12·31-1991
at TDG in 1992. Initial request for damages dismissed by
Significant Activity: 06'{)9-1992 Magistrate's report
court sua spon te.
recommends dismissal for fail ure to plead conspiracy theory
Special Monitoring: 0, Not assigned to special m on ~orlng
w~h sufficient specificity. 06-22-1992 Order dismisses case.
Date Case Filed: 04-13·1992
Significant Activity: 05-11 -1992 Order dismisses Bivens
portion of case. Appeal to CA11, 92 ·6475. 08·12-1992
Appeal dismissed as premature.

CEO Litigation Report
October, 1992 Litigation- Page 11
MAN, JR. TUCKER v. UNITED STATES, et al
NORTHERN DISTRICT OF FLORIDA
UO<OKe' No.: 91·30119N/EA; Type of Case: Federal Tort
Oaims Act; Damages Req: $1,000,000
Subject: MEDICAL TREATMENT Institution: FPC, Eglin
Air Force Base
Facts Alleged: Committed to EGL in 10-1987 with extra
contact lenses and cleaning solution that was confiscated
and sent home. Ad equate replacements not provided at
EGL or TDG and during transport to RCH. As a result of
inability to adequately clean lenses, eyesight worsen to the
point of blindness.
Special Monitoring: IB2, May be financial liability, All cases
involving Injury which caused loss of limb or body function.
Date Case Filed: @04-17-1991
Significant Activity: 09'{) 1-1992 Negligence claim dismissed
because n was filed more than six month s after disposition
01 administrative tort claim. Bivens claim dismissed for
!alure to prove deliberate indifference.
_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _

BOBBY J. WILSON v. D.J. SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CIV-9 1·PT· 788·E; Type of Case: Personal
Liability Action (B ivens); Damages Req : $256,000
Subject: SENTENCING Instirurion: FCI, Talladega
Facts Alleged: Denied good time for period of civil contempt
at TOG in 1988·89.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 07-19-1991
Significant Activity: 06-25 ·1 992 Dismissed based on
04·14·1992 Magistrate's Report. Just because an inmate's
regular sentence is interrupted by a civil contempt term,
does not mean that he has a right to be treated as a pre·trial
detainee. He is not entitled to good time credns for the civil
contempt time.

IN THE MAnER OF THE EMERGENCY APPLICATION
OF THE FEDERAL PUBLIC DEFENDER FOR AN ORDER
TO ENSURE COMPLIANCE WITH THE RIGHTS OF
DEFENDANT-CLIENTS TO THE EFFECTIVE
ASSISTANCE OF COUNSEL AS GUARANTEED BY U.S.
THOMAS VINAGERA-CESAR v. UNITED STATES, et al
CONST. AMEND . VI AND TITLE 18 U.S.C. 3006A AND
Court: NORTHERN DISTRICT OF GEORGIA
3142(i)(3) v.
No.: 1:89-CV-715; Type of Case: Personal Liability
Court:
SOUTHERN DISTRICT OF FLORIDA
and Tort Action; Damages Req :
Docket
No.: 92·4818·SNOW; Type of Case: Mandamus;
~,.uc)Jec·r:ASSAULTS Institution : USP, Atlanta
Damages Req: 0
Fa cts Alleged: Assaulted by Inmate with knife on
Subject: MISCELLANEOUS Institution: MCC, Miami
08.{)1-1986. Failure to protect.
Facts Alleged: Federal public defender In FFLS filed this
Special Monitoring : IB2, May be financial liability, All cases
action on behalf of all clien ts transferred from MIA as a
involving injury which caused loss of limb or body fun ction.
result on August, 1992 Hurricane Andrew. Telephone
Date Case Filed: 04-1 0·1989
contact
with clients has been inadequate. Unable to
Significant Activity: 11 -29· 1989 Order dismissed case for
schedule
visits because of rapid relocation on clients to
failure to meet statute of limitations. Orders plaintiff to pay
other jails.
costs.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Special Monitoring: IC8, Publicity ! Impact on staff morale,
Resulting from 08·92 Hurricane Andrew
PAUL VREONES v. BOP, et al
Date Case Filed: 09-17-1992
Court: SOUTHERN DISTRICT OF FLORIDA
Significant Activity: 10-01-1992 Memorandum from
Docket No.: 92·8372-CIV; Type of Case: Habeas Corpus ;
Magistrate L. Snow to Judg e Roettger describing the
Damages Req: 0
meeting of federal law enforcement officials regarding
pretrial detainees. 10-06-1992 Administrative Order 92-52
Subject: SENTENCING Institution: Southeast Region
requires 1) new arrestees to be kept in the district for 14
Fa cts Alleged: Inmate at Salvation Army Half-Way House In
days, 2) USM to transport prisoners to facilnies wnhin the
West Palm Beach, FL complains that due to improper
district 14 days prior to trial and 7 days before sentencing,
sentence computation, he is being imprisoned beyond his
release date. Claims he should have been eligible for parole 3) Thirty days notice in advance of trial or sentencing date
required for production, 4) problems with this process are to
on a new law sentence that was Imposed during the time
resolved by weekly meetings between USM, BOP and the
FFLS had declared sentencing guidelines unconstitutional.
magistrates.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-22·1992
gnll'lcanrActivity: 09-11-1992 Order dismisses case. The
was not affected by the sentencing guidelines
He was not eligible for parole.

CEO Litigation Report
October, 1992 Litigation- Page 12
CIS l. & SHIRLEY L. SILVA v. UNITED STATES, et

JOHN l. BIKA, et al v. JOSEPH P. CLASS, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 91·502 12/WEA; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institu1ion: FCI, Marianna
Facts Alleged: Wants state detainer removed because of
delay and concerns about medical care at MNkin 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 10·31-1992
Significant Activity: 10·26·1992 Dismissed on the merits
without prejudice.

NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-2305; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: TRANSFERS Institution: USP, Atlanta
Facts Alleged: Inmate at ATL Is seeking to be transferred to
California so that he will be close to his family.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-24 -1991
Significant Activity: 04-23-1992 Magistrate's report
recommend s dismissal on the merits. The Attorney General
has the authority to designate inmates.
_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ JIMMY DILLON BROWN v. UNITED STATES OF
AMERICA
GARY S, WILLIAMS v. J. MICHAEL QUINLAN, et al
Court: MIDDLE DISTRICT OF ALABAMA
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 92·H-11 66·N ; Type of Case: Habeas Corpus;
Docket No.: 1:92-CV-1387-RLV; Type of Case: Personal
Damages Req: 0
l.iabil~y Action (Bivens); Damages Req: 75,001 .00
Subject: SENTENCING Institution: FPC, Maxwell Air
Subject: PROTECTIVE CUSTODY Institution : USP, Atlanta Force Base
Facts Alleged: Inmate at ATL all eges that he was classified
Facts Alleged: Inmate at MON all eges that he should be
to special housing unit as a result of overcrowding. He also given credit toward his sentence lor time spent in official
rp~,';vo<i administrative detention as a result of this
detention.
Special Monitoring: 0, Not assigned to special monitoring
Monitoring: 0, Not assigned to special monitoring
Date Case Filed : 09-15·1992
Date Case Filed: 06.(J9-1992
Significant Activity: 10·13·1992 Magistrate's report
recommends dismissal lor mootness because he had been
Significant Activity: 10·19-1992 Dismissed because
granted the relief he sought. 10·23-1992 Order dismisses
allegations had become moot as a result of transfer and
case as moot.
because Issues regarding transfer are left to the discretion
01 prison officials.
ARNOLD NORMAN FANT v. D. J. SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No. : CV-90·H-1460-E; Type of Case: Personal
l.iabil~ Action (Bivens); Damages Req:
Subject: MEDICAL TREATMENT Institution : FCI,
Talladega
Facts Alleged: Inmate at TOG alleges that staff at TOG
conspired to deprive him of medical treatment for his
infected testicle.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-17-1990

AUGUSTO GUILLERMO FALCON, et al v. U.S. BUREAU
OF PRISONS, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92·01 33-CIV-GRAHAM; Type of Case : Personal
Liability Action (Bivens); Damages Req: unspecified
Subject: AD DETENTION Institution: MCC, Miami
Facts Alleged: Additional plaintiffs Orlando Benigno
Lorenzo, Salvadore Magluta. Claim violation of due process
rights when transferred to administrative detention because
of Investigation for possession of contraband, a cellular
phone at MIA in 1991. Administrative detention order
insufficient because not give d etailed facts about alleged

Significant Activity: 09·14-1990 Dismissed on the merits.
misbehavior.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Special Monitoring: 101 2, Case management may be a
problem, Less than 48 hours response time.
Date Case Filed: 01·17·1992
Significant Activity: 04-04·1992 Voluntary stipulation for
dismissal. The case was later reop ened when the three
Inmates were returned to administrative detention after there
was Information they may have been Involved In an escape
plot.

CEO Litigation Report
October, 1992 Litigation- Page 13
HUNT v. DON CHADWICK, et al
. MIDDLE DISTRICT OF GEORGIA

''''''C::T()P'I-It=R

No.: 00-78·3-MAC (WDO); Type of Case: Personal
Liability Action (Bivens); Damages Req : $55,000
Subject: WITNESS PROTECTION Institution : Central
Inmate Monitoring
Facts Alleged: Transfer among diHerent institutions violated
terms of witness protection agreement and endangered
personal security
Special Monitoring: IDll, Case management may be a
problem, Witness Protection PlaintiH
Date Case Filed: 03-12-1990
Significant Activity: 04-12-1990 Order dismisses case
without prejudice.

RAFAEL MAISONAVE-VALENTIN v. FRED STOCK, et al
Coult: DISTRICT OF PUERTO RICO
Docket No.: 92·2041 (CCC); Type of Case: Habeas Corpus;
Damages Req: 0
Subject: PAROLE Institution: USP, Atlanta
Facts Alleged: PR boarder inmate at ATL complains that he
eligible for parole release or a parole hearing.
Monitoring: 0, Not assigned to special monitoring
Case Filed: 08-24-1992
Significant Activity: 10-06-1992 Magistrate Judge's Report
and Recommendation recommend s dismissal of case for
moot ness because the inmate has been released on parole.
UNITED STATES OF AMERICA v, MANUEL ENRIQUEZ
SAENZ
Coult: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-451-CR; Type of Case: OTHER, Criminal
Prosecution; Damages Req: a
Subject: ACCESS TO COURTS Institution : MCC, Miami
Facts Alleged: MIA inmate transferred to Lake County, FL
after Hurricane Andrew alleges he was been unduly
hindered to consult with his counsel. Also denied regular
telephone privileges.
Special Monitoring: IC8, Publicity /Impact on staH morale,
Resulting from 08·92 Hurricane Andrew
Date Case Filed: 09-16-1992
Significant Activity: 10-01-1992 Motions for reconsideration
of bond and names and addresses of witnesses denied.

PAUL J. STOUT v, RICHARD THORNBURG, et 81
Coult: NORTHERN DI STRICT OF FLORIDA
Docket No.: 92·30041·RV; Type of Case: Personal Liability
Action (Bivens); Damages Req: $10,000
Subject: COMMUNITY TREATMENT CENTERS
Institution: FPC, Eglin Air Force Base
Facts Alleged: Denied placement in CTC from EGL in 1991 .
Forced Into involuntary servitud e for the personal financial
gain of personnel.
Special Monitoring : 0, Not assigned to special monitoring
Date Case Filed: 01·26·1992
Significant Activity: 10·02-1992 Dismissed for failure to
prosecute.
ISAAC W. THOMAS v. UNITED STATES, et 81
Coult: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 291·277; Type of Case: Personal Liability Action
(Bivens); Damages Req: $1 ,000,000
Subject: WORK Institution: FCI, Jesup
Facts Alleged: Forcing him to work in Food Service at JES
for $.11 per hour in 1991 was involuntary servitude because
the United States has no jurisdiction over him.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 07·05·1991
Significant Activity: 10·09·1 992 Order dismisses case on the
merits.

~
~

United States Government
Memorandum

Date:

November 3, 1992

Reply to.
Attn. of:

Sherree L Sturgis, Regional cou~.
Southeast Region, Bureau of Prls

Subject:

October, 1992 SER litigation

To:

SER CEOs, Regional Administrators
Paralegals and Attorneys
Wallace H. Cheney. General Counsel
Institutlo~

1. COMMODITY FUTURES TRADING COMMISSION

AND THE STATE OF FLORIDA v. DANIEL WEISS

3. MARVIN YIZAR v. WARDEN R. HONSTED. et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-166
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate formerly at JES complains about
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 interferred with his man. lastly he alleges
that the U. S. Marshalls stole some of property during
transport to ATL In 1990.
Damages Req: $4,000,212.25; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October 8, 1992; Due: 11-27-1992
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup

Court: SOUTHERN DISTRJCT OF FLORIDA
Docket No.: 85-3565-CIV-ATKINS
Institution: Fel, Tallahassee
Type of Case: Habeas Corpus
Subject: RELIGION
Alleged: Civil contempt detainee at FOC TAL (from
alleges he was denied his right to religious worship.
4. MARTIN LOVIG v. U.S. BUREAU OF PRISONS, et al
n 10-2-1992 court order requesting that the inmate be
Court: NORTHERN DISTRICT OF ALABAMA
transferred from FOC TAL to FCI TAL to allow observance of Docket No.: 92-000
Yom Kippur.
Institution: FCI, Talladega
Damages Req: 0; Special Monitoring: 1012. Case
Type of Case: Personal Liability Action (Bivens)
management may be a problem. Less than 48 hours
Subject: MEDICAL TREATMENT
response time.
Facts Alleged: ATL inmate alleges he suffered a knee Injury
Rec'd in Legal: October 8. 1992; Due: NA
as a result of an assault in TOG in 1990. Medical assistence
Assigned to: Marilyn Lindsey; Assistant U.S. Attorney.
atter the inilal surgery was deliberately withheld resulting in
Miami, FL; Van Vandivier, Deputy Regional Counsel, SERO
undue physical and emotional pain. He further alleges that
he Is entitled to workman's compensation as a result of
2. WILLIE BEARD v. VICTOR GEORGE STRINGER, et al working for UNICOR.
Damages Req: $1.300,000.00; Special Monitoring: O. Not
Court: NORTHERN DISTRJCT OF AlABPJM
assigned to special monitoring
Docket No.: CV 92-H-1397-E
Rec'd
In Legal: October 8. 1992; Due: NONE, NO SUMMONS
Institution: FCI, Talladega
ISSUED.

Type of Case: Personal Liability Action (Bivens)
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Subject: ACCESS TO COURTS
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
. Facts Alleged: Inmate at TOG alleges that he was
FCI, Talladega
transferred under the guise of a medical need when In reality
the purpose was to remove him from the court's jurisdiction
involving another current case, FALN, 90-1317.
Damages Req: $60.000; Special Monitoring: 0, Not
to special monitoring
'd In Legal: October 8. 1992; Due: 12-04-1992
lSsl!oned to: Winfield J. Sinclair; Assistant U.S. Attorney,
BirmIngham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega

CEO Litigation Report
1992 Litigation- Page 2
MARTIN LOVIG v. U.S. BUREAU OF PRISONS. et al
Court: NORTHERN DISTRICT OF AlABAMA
Docket No.: 92-000
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts AI/eged: ATL Inmate alleges he suffered a knee Injury
as a result of an assault In TOG In 1990. Medical asslstence
after the Inltal surgery was deliberately withheld resulting In
undue physical and emotional pain. He further alleges that
he Is entitled to workman's compensation as a result of
working for UNICOR.
Damages Req: $1,300,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: October 8,1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega

--------------------------------------5. JIMMY DILLON BROWN v. UNITED STATES OF
ERICA
MIDDLE DISTRICT OF AlABAMA

ket No.: 92-H-1166-N
Institution: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at MON alleges that he should be
given credit toward his sentence for time spent In official
detention.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October 8, 1992; Due: 10-13-1992
Assigned to: David L Allred; Assistant U.S. Attorney,
Montgomery, AL; Darrin C. Scott, Attorney Advisor, SERO

6. THOMAS, JR. CIAMBRONE v. RICHARD
THORNBURGH, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1519-RGF
Institution: USP, Atlanta
Type of Case; Mandamus
Subject: CONDITIONS OF CONFINEMENT
Facts Alleged: Conditions in SHU in AlL In 1990: Wants
unlimited phone calls, daily clothing changes, private
showers, additional exercise, reading materials. religious
services.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: October 8, 1992; Due: 12-22-1990
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, CivU Division, Atlanta, GA; Van Vandivier, Deputy
Regional Counsel, SERO
7. WILLIAM J. SHEFFIELD v. UNITED STATES PAROLE
COMMISSION, et al
Court SOUTHERN DISTRICT OF GEORGIA
Docket No.; CV 292-242
Institution: FCI. Jesup
Type of Case; Habeas Corpus
Subject: COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at JES alleges that his CCC
placement was denied as a result of Hurricane Andrew
rather than because of something that he has done. He
also complains that his parole date was set aside for no
apparent reason. Note same Inmate Is litigating Issues
related to CGG placement in FFLS, 91-2844-CIV-NESBITI.
Damages Req: 0; Special Monitoring; 0, Not assigned to
special monitoring
Rec'd in Lega/; October 8, 1992; Due: 10-23-1992
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup

CEO Utigation Report
er, 1992 Lltigation- Page 3
8. UNITED STATES v. JAMES PETER MCALLISTER
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 2:92-CR-008-03-JTC
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at ATL alleges that he didl not receive
proper madlcal treatment In 1992. Subpoenaed medical
staff as part of criminal case to testify on 10-15.
Damages Req: 0; Spec/a1 Monitoring: 1012, Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: October 22, 1992; Due: -1992
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Wanda Hunt. Staff Counsel.
USP, Atlanta

10. FRANK C. MONTELEONE v. UNITED STATES
PAROLE COMMISSION, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-40305-MMP
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Subject: INMATE DISCIPLINE
Facts Alleged: MIA Inmate claims insufficient evidence to
support 01-92 DHO finding of possession of contraband,
where Item was found Inside a mattress. Assaulted by an
Inmate at MIA and blinded, sight restored with an operation.
Claims further disciplinary action were taken after his
transfer to TAL
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: October 23,1992; Due: 11~1992

~~~~~~~~~~~~~~~~~~~~ ~s~n~~:AudryDeeAnnButle~Assl~antU.S.~orne~

9. UNITED STATES OF AMERICA v. MARIA OFELIA
HERRERA
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-2332-CIV-DAVIS
lSCIlUlIc.m: Fel. Pleasanton, California
of Case: Habeas Corpus
Subject SENTENCING
Facts Alleg~: Inmate at PlE sentenced from FFLS
complains that time spent on electric monitoring
surveillance should be credited toward her sentence.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: October 22, 1992; Due: ·1992
Assigned to: Karen E. Rochlin; Assistant U.S. Attorney,
Miami, Fl; Mary Swint, legal Assistant, SERO

Tallahassee. Fl; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee

11. KIMBERLY V. LOVEn v. FRED J. STOCK. et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1853-RCF
Institution: USP. Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject: FURLOUGHS
Facts Alleged: Inmate at ATl alleges that his furlough
request to attend his father's funeral was arbitrarily dented.
Damages Req: $3,000,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October 23, 1992; Due: -1992
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,

~~~~~~~~~~~~~~~~~~~_ Ch~tC~D~~~~M~~~G~~~aHu~S~ffCOOM~,

USP I Atlanta

CEO Utigation Report
1992 Litigation- Page 4
12. DONALD WILSON v. FRED STOCK
15. JOSE LUIS JIMENEZ v. UNITED STATES
Court: NORTHERN DISTRICT OF GEORGIA
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1334
Docket No.: 1:92-CV-999-MHS
Institution: FCI, Ashland
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Type of Case: Habeas Corpus
Subject: DETAINERS
Subject ACCESS TO COURTS
Facts Alleged: Inmate at ATL alleges that his rights were
Facts Alleged: Inmate at ASH alleges that a detainer should
violated as a result of a NTSB hearing In which he chose not be removed as the charges were dismissed by the United
to appear but was made to appear. He also asserts that he
State's Attorney's office.
was denied legal counsel and was denied the right to
Damages Req: 0; Special Monitoring: 0, Not assigned to
present witnesses at the hearing.
spectal monitoring
Damages Req: 0; Special Monitoring: 0. Not assigned to
Rec'd In Legal: October 23, 1992; Due: ·1992
special monitoring
Assigned to: Vivian 'Rosado; Assistant U.S. Attorney. Miami,
Rec'd in Legal: October 23, 1992; Due: 11-30-1992
FL; Gene Dixon, Paralegal Specialist, SERO
Assigned to: Russell G. Vineyard; Assistant U.S. Attorney.
Atlanta, GA; Wanda Hunt, Staff Counsel, USP, Atlanta
16. SHERMAN HUDSON v. W. J. THOMPSON, et al
Court: NORTHERN DISTRICT OF ALABAMA
13. DAVID SCOTT KINARD v. UNITED STATES, et al
Docket No.: 3-90-75-01
Court NORTHERN DISTRICT OF ALABAMA
Institution: FPC, Maxwell Air Force Base
Docket No.: 92-AR-2286
Type of Case: Habeas Corpus
/nstitutJfon:. AL State Institution
Subject: COMMUNITY TREATMENT CENTERS
of Case: Habeas Corpus
Facts Alleged: TYN inmate claims he should be placed in a
SENTENCING
community treatment center. He alleges that he was told
Initially that he was eligible for 120 days. but this was later
Facts Alleged: Inmate who Is currently in state custody
reduced to 60 days.
complains of a detainer that has been placed on him. He
was under the understanding that his state sentence would
Damages Req: 0; Special Monitoring: 0, Not assigned to
run concurrent with his federal sentence.
special monitoring
Damages Req: 0; Special Monitoring: 0, Not assigned to
Rec'd in Legal: October 26, 1992; Due: ·1992
special monitoring
Assigned to: D. Broward Segrest; Assistant U.S. Attorney.
Rec'd in Legal: October 23. 1992; Due: 1(}'29-1992
First Assistant. Montgomery. AL; Ear1 L Cotton. Assistant
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney.
Regional Counsel. SERO
Birmingham, AL; Darrin C. Scott, Attorney Advisor. SERO
14. WILLIAM R. BURNETTE v. UNITED STATES
Court NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-AR-2243-E
Institution: FCI, Talladega
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts AI/eged: Inmate at TOG alleges that he should receive
credit towards his sentence for time served on a bond.
Note: Same issue: FALM. 92-A-916-N
Damages Req: 0; Special Monitoring: 0, Not assigned to
monitoring
'd in Legal: October 23, 1992; Due: 1(}'29-1992
l<'<'l,nne.~ to: Winfield J. Sinclair; Assistant U.S. Attorney.
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI. Talladega

17. GARY S. WILLIAMS v. J. MICHEAL aUINLAN, et al
Court NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1387-RLV
Institution: USP, Atlanta
Type orCase: Personal Liability Action (Bivens)
Subject: PROTECTIVE CUSTODY
Facts Alleged: Inmate at ATL alleges that he was dassified
to special housing unit as a result of overcrowding. He also
received administrative detention as a result of this
classification.
Damages Req: 75.001.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: October 26, 1992; Due: NA
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta. GA; Wanda Hunt, Staff Counsel,
USP, Atlanta

CEO Litigation Report
1992 Litigation- Page 5
18. JESSE W. GREEN v. DEPARTMENT OF JUSTICE,
et al
Court: NORTHERN DISTRICT OF MABAMA
Docket No .: CV 92-H-I728-E
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: CONDITIONS OF CONFINEMENT
Fa cts Alleged: TOG Inmate claims violation of Eighth
Amendment because of housing with Cuban detainees.
Taken hostage in 08-1991 disturbance.
Damages Aeq: $125,589.00; Speciaf Monitoring: IC1,
Publicity I Impact on staff morale, All arising from Institution
disturbances.
Rec'd in Legal: Oclober 27,1992; Due: 01-1~1993
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerel ene Gooden, Paralegal Specialist,
FCI, Talladega

20. SECUNDINO GONZALES v. JOHN E. HAHN
Court: NORTHERN DISTRICT OF FLORI DA
Docket No.: 92-30352
In stitution: FPC, Eglin
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: Inmate at EGL alleges that his sentence has
not been computed properly. He alleges that time spent In
a half way house should be credited towards his sentence.
He also complains that the administrative remedy process
does not afford him the relief that he needs.
Damages Aeq: 0; Special Monitoring: 0, Not assigned to
special monitoring
Aec 'd in Legal: Oclober 29, 1992; Due: 12-111-1992
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Attorney, Pensacola FL ; Gene Dixon, Paralegal Specialist,
SERO

21. GWYNNE E. JUDGE v. ROBERT HONSTED, et at
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292·254
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: JES Inmateclaims he has not received
proper medical treatment for a mental condhion. He was
denied access to courts and race discrimination because of
a failure to provide appropriate hair products. A hearing for
Damages Aeq : 0; Special Monitoring : 0, Not assigned to
a TRO has been set for 11·2-92.
special monitoring
Damages
Aeq: 1250.00; Special Monitoring: 1012, Case
Aec'd in Legal: Oc1ober 29,1992; Due : ·1992
management
may be a problem, Less than 48 hours
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
response time.
Attorney, Pensacola FL ; Sharon Ragland, Paralegal
Aec'd
in Legal: Oclober 29, 1992; Due: 12-26-1992
Specialist, Southeast Regional Office
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup
19. AGUSTIN H. EXPOSITO v. DONNA STRATMEN
Court: NORTHERN DI STRICT OF FLORIDA
Docket No.: 92-{)00
,'" ,' 'rlh1n: FPC, Tyndall Air Force Base
of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: Inmate at TYN complains that time spent on
bond in 1991 should be credited towards his sentence.

CEO Litigation Report
_ber, 1992 Litigation- Page 6
22. WILLIAM VASQUEZ v. BUREAU OF PRISONS, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92·2201-CIV·MARCUS
Institution: MCC, Miami
Type 01 Case: Federal Tort Claims Act
Subject: PROPERTY
Facts Alleged: Inmate presently at SPG claims MIA staH
members failed to secure his property when placing him In
adminlnistrative detention.
Damages Req: $192.40; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: Oclober 29, 1992; Due: ·1992
Assigned to: Karin D. Wherry; Assistant U.S. Attorney,
Miami, FL ; Earl L Cotton, Assistant Regional Counsel,
SERO
23. WILLIAM B. EDMONDSON v. UNITED STATES OF
AMERICA
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92·AR·2396·E
Institution : FCI, Talladega
of Case: Mandamus
. j e c t : COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at TDG alleges that his approval for
community corrections center was withdrawn as a result of
information reci eved from a AUSA. The AUSA felt further
criminal proceedings were pending against the inmate.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: Oclober 29, 1992; Due : 10-23-1 992
Assigned to : Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega

6e

scon,

24. TIMOTHY CLARK v. ROGER F.
et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92·B·1414
Institution : FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: TDG inmate claims he fell on greasy floor
while working In food service on 03·13·1992 and was not
given appropriate medical care.
3m,WE'S Req: $200,000.00; Special Monitoring : 0, Not
to special monitoring
in Legal: October 29,1992; Due: 11·29-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Sharon Ragland, Paralegal Specialist,
Southeast Regional OHice

Significant Activity on
Existing Cases
COMMODITY FUTURES TRADING COMMISSION AND
THE,STATE OLfL08l!2h_Y. DAt:'!t~b.WEJSS
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 85·3565·CIV·ATKINS; Type of Case: Habeas
Corpus; Damages Req : 0
·Subject.A EU G I 0 NAf]§til!!ti91li f..!>l;-:;Til lll1hanee
Facts Alleged: Civil contempt detainee at FDC TAL (from
FFLS) alleges he was denied his right to religious worship.
On 10·2·1992 court order requesting that the Inmate be
tran sferred from FDC TAL to FCI TAL to allow observance of
Yom Kippur.
Special Monitoring: ID12, Case management may be a
problem, Less than 48 hours response time.
Date Case Filed: 09·30·1992
Significant Activity: 10·05·1992 We decided not to attempt to
make further objection s to the order because BOP policy
gives judges some authority to designate where civil
con temnors will be housed. We will treat this as an order
specifying the ptace of confinement. Also because of the
short time frame, we did not feel we could obtain further
judicial review of th!3 issue before the time for compliance.
We count this as a loss becaUse-We were not successful in
changing the court's order.
MELVIN ANDERSON v. FRED J. STOCK
Court: NORTHERN DISTRI CT OF GEORGIA
Docket No. : 1:92-CV-952·RLV; Type 01 Case : Habeas
Corpus; Damages Req : 0
Subject: AD DETENTION Institution: USP, Atlanta
Fa cts Alleged: Ill egally given mental health treatment and
placed in special housing at SPG, BUT and ATL in 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04·22·1992
Signilicant Activity: 08·25·1992 Magistrate's report
recommends dismissal for moot ness because the inmate
has been transferred out of the district.

CEO Litigation Report

1992

7

AUL BARNHILL v. scon NARDER, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 9HJ927·CIV·MORENO; Type of Case: Personal
liability Action (Bivens); Damages Req: unspecified
Subject: ASSAULTS Institution : MCC, Miami
Facts Alleged: Staff member Identified Inmate as a snitch,
thus placing him In danger at MIA In 1991.
Special Monitoring: 0, Not assigned to special monttorlng
Date Case Filed: 05·16·1991
Significant Activity: 09·29·1992 Government's motion for
summary judgement granted. Case dismissed.

MICHAEL BAYv. FRED STOCK
Court NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-361.JOF; Type of Case : Habeas
Corpus; Damages Req: 0
Subject: INMATE DISCIPLINE Institution: USP, Atlanta
Facts Alleged: Inmate not advised of his right to remain
silent before interviewed relating disciplinary action at EGL
in 1991. Presently at ATL
Special Monitoring: 0, Not assigned to special monitoring
Case Filed: 02 -14-1992
.;"";ifi~a ,,, Activity: 09-11-1992 Order dismisses case.
HENRY BLACKMON v. ROGER scon, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-91-PT -0856-E; Type of Case: Mandamus;
Damages Req: 0
Subject: CONDITIONS OF CONFINEMENT Institution :
FCI, Talladega
Facts Alleged: Conditions in Alpha Unit at TOG in 1991.
Complains about officer control of plumbing and power, not
given the same clothing as general population. Not given 5
hours of exercise. Employees use abusive language. law
library Is not adequate. Retaliation for complaints about
condttions.
Special Monitoring: 0, Not assigned to special monitoring
Date Ca se Filed: 07-10-1991
Significant Activity: 09-04-1992 Dismissed for failure to
exhaust administrative remedies.
_ ____________________

ROBERT LACEY CAMPBELL v. ROBERT L MAnHEWS,
et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-1538; Type of Case: Personal lIabntty
Action (Bivens); Damages Req: $900,000
Subject: CLASSIFICATION Institution: USP, Atlanta
Facts Alleged: Improper computation of securtty and
custody levels at ATLln 1991.
Special Monitoring: 0, Not assigned to special monttoring
Date Case Filed : 07-05-1991
Significant Activity: 09-24-1992 Judgement "dlsmlsse? Case.
FIDEL DIAZ v. R.E. HONSTED, et af
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-94; Type of Case: Mandamus;
Damages Req: 0
Subject: FOI-PRIVACY Institution : FCI, Jesup
Facts Alleged : Denied social furlough, filed administrative
remedy. Demanded a copy of the administrative remedy
Ind ex and was denied .
Special Monitoring: 0, Not assigned to special monttoring
Date Case Filed: 03-15-1992
Significant Activity: 08-27-1992 Magistrate's report
recommends dismissal as moot because the Bureau gave
him a copy of the administrative remedy Index he was
seeking. 09-18-1992 Order Dismisses case.
THOMAS, JR . CIAMBRONE v. RICHARD THORNBURGH,
et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1519-RCF; Typ e of Case: Mandamus;
Damages Req : 0
Subject: CONDITIONS OF CONFINEMENT fn stitution:
USP, Atlanta
Facts Alleged: Conditions in SHU in ATL in 1990: Wants
unlimited phone calls, daily clothing changes, private
showers, additional exercise, reading materials, religious
services.
Special Monitoring: 0, Not assigned to special monttoring
Date Case Filed: 07-12-1990
Significant Activity: 10-25-1991 Order dismisses case
because Inmale fail ed to foll ow court order relating to
service.

- ....... .
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er, 1992 Litigation- Page 8
EASTWOOD v. ROGER SCOTT, et al
Court: NORTHERN DISTRICT OF A~BAMA
Docket No.: CV-92-AR-0831-E; Type of Case: Habeas
Corpus; Damages Req: $140.320.00
Subject PROTECTIVE CUSTODY Institution: FCI,
Talladega
Facts Alleged: TAL Inmate objects to placement In
administrative detention In 1991. Claims shou1d be
transferred to safe Institution. Claims conditions In detention
subject him to cruel and unusual punishment causing
physical and mental deterioration. Lost opportunities to
earn extra good time. -.
Special MonItoring: 0, Not assigned to special monitoring
Date Case Flied: 04-08-1992
Significant Activity: 09-17-1992 Dismissed for failure to
respond to court's Inquiry concerning his finances.
LlI ......... L..LI

JAMES GRANT v. U.S.P.C., et al
Cou~ NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 89-40281-WS; Type of Case: Habeas
Corpus; Damages Req: 0
.
Subject: INMATE DISCIPLINE Institution: FCI, Tallahassee
Facts Alleged: DHO assured that sanctions Imposed would
not effect parole date. On that basis Inmate waived
witnesses and staff representative. Now has parole
retardation.
.__ ..
Special Monitoring: O. Not assigned to special f11Qnltoring
~~ .. ' l~"#'
,. ,...~;~.
'
Date Case Flied: 12-O7-1989"~""-'
. ':.>Significant Activity: 10-31-1991 Dismissed for fanure to
prosecute.
LOUIS RONALD HOFFER v. DON J. SOUTHERLAND, et
81

~~~~~~~~~~~~~~~~~-Coo~NO~HERNDI~RlmOFA~MMA

MARVIN NICHOLAS ENGLE v. WARDEN J.D. LAMER, et
81
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 91-40324/MMP; Type of Case: Habeas
Damages Req: 0
. DETAINERS Institution: FCI, Tallahassee
cts Alleged: Seeks removal of detainer under lAD
because FL has not prosecuted In a timely manner.
SpecIal Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 09-05-1991
Significant Activity: 05-15-1992 Order dismissed case.
JORGE LUIS GARCIA v. R.E. HONSTED, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-1920-CIV-KEHOE; Type or Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: MCC, Miami
Facts Alleged: Paroled from CCC In 12-90 and
administratively returned to Institution In 01-91 because
sentence had been Improperly computed, not eligible for
parole. Now at MIA In 1991.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 08-30-1991
Significant Activity: 03-27-1992 Disposition stayed pending
disposition of closely related matter by the Eleventh Circuit.

Docket No.: CV89-A-2137E; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: INMATE DISCIPLINE Institution: FPC, Maxwell
Air Force Base
Facts Alleged: Parole recision because disciplinary action at
MON in 1989 invalid.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 12-1S-1989
Significant Activity: 01-19-1990 Order adopts magistrate's
report, dismisses case.
FRANK EDMUND HOFFMAN v. J. CLASS
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 91-S00048/WEA; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: Fe., Marianna
Facts Alleged: Denied extra good time for pretrial
Incarceration at MNA in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-02-1991
Significant Activity: 06-06-1991 Order dismisses case with
prejudice based on OS-21-1991 magistrate's report.

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CEO Litigation Report
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LEWIS B. JOHNSON v. ROBERT L MATTHEWS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 90-000; Type of Case: Personal Uability Action
(Bivens); Damages Req: $100,000
Subject FURLOUGHS Institution: USP, Atlanta
Facts Alleged: Denied furlough and CTC placement from
All camp In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-26-1990
Significant Activity: 10-31-1990 Magistrate's report
recommends dismissal. An Inmate has no protected
Interest In transfer to a CTC or having a furtough. The
Irvnate's allegation of discrimination because others with
sentences for more serious crimes were permitted these
privileges also faRed because the Inmate did not allege that
he was denied these privileges because of membership in a
protected class. 01-29-1991 Order dismisses case.
WlLLlAM MARTEll-ROSADO v. U.S.A.
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 91-A-1781-E; Type of Case: Habeas Corpus;
Req:O
. SENTENCING Institution: FCI. Talladega
Alleged: Seeks Jail credit for presentence time on
home confinement In PRo At TOG In 1991.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 08.01-1991
Significant Activity: 09-21-1992 Order dismisses case based
on magistrate's report dated 08-28-1992. Objections to the
report were overrUled.

CALVIN WAYNE MOORE v. W.H. SEIFERT
Court MIDDLE DISTRICT OF ALABAMA
Docket No.: 89-D-l055-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject MEDICAL TREATMENT Institution: FPC, Maxwell
Air Force Base
Facts Alleged: Denied medical care after amputation of leg
at MON In 1989. Refused to allow fitting for new artificial leg.
Special Monitoring: O. Not assigned to special monitoring
Date Ca~~ Filed: 09-25-1989, .
i':'~'j~~~i~·:
Significant Activity: 01-23-1990 Order dismisses case upon
Inmate's request to discontinue action. Government may bUI
for costs.
ROBERT M. MORRISON v. SHEREE L STURGIS
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-2759-JTC; Type of Case: Federal Tort
Claims Act; Damages Req: $129.95
Subject: PROPERTY Institution: FCI, Marianna
Facts Alleged: Watch lost at MNA while Inmate In
segregation in 1989.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 12-12-1990
Significant Activity: 08-13-1992 Dismissed under 28 U.S.C.
2680(c). property loss while in the custody of law ,
enforcement officials. Federal Tort Claims Act does not
apply.
WilLIE S. POTIER v. BUREAU OF PRISONS

~~~~~~~~~~~~~~~~~_ Co~:NORTHERNDISTR~TOFGEORG~

JOHN CHARLES McGROARTY v. JOSEPH P. CLASS
Court NORTHERN DISTRICT OF FLORIDA
Docket No.: 90-50243; Type of Case: Habeas Corpus;
Damages Req: 0
Subject SENTENCING Institution: FCI, Marianna
Facts Alleged: Illegal aggregation of sentence at MNA In
1990
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-24-1991
Significant Activity: 08-21-1992 Dismissed with prejudice
based on Magistrate's report dated 07-20-1992. Inmate
faDed to continue to prosecute the cause.

Docket No.: 1:92-CV-806-JTC; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: USP, Atlanta
Facts Alleged: Claims to be entitled to meritorious good
time and parole superior achievement award that would
make him eligible for immediate release from ATL In 1992.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 04-03-1992
Significant Activity: 08-12-1992 Dismissed for lack of
Jurisdiction.

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CEO Utigation Report
1992 Litigation- Page 10
RICE & SONS GRADING COMPANY v. ADMIRAL
INSURANCE COMPANY
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-S15-MHS; Type of Case: Other,
Contract Matter; Damages Req: 0
Subject: BUDGETS Institution: USP. Atlanta
Facts Alleged: Faulty demolition work at ATL
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 06-05-1990
,
Significant Activity: 04-04-1991 Voluntary dismissal by
plaintiff with prejudice.

RAMON SANCHEZ v. U.S. B.O.P •• et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 9O-2749-CIV-HOEVELER; Type o(Case:
Habeas Corpus; Damages Req: 0
..
Subject: MEDICAL TREATMENT Institution: MCC. Miami
Facts Alleged: Cannot be given proper medical care for for
leg Injury In prison at MIA In 1990.
Spec/al Monitoring: 0, Not assigned to special monitoring,
Date Case Flied: 12-11-1990
.~: . \.;;:,~
SlgnU/c.p.nt Activity: 05-24-1991 Order dlsrrUsses case based
on magistrate's report. Dismissed without prejudice for

~~~~~~~~~~~~~~~~~~~ ~nu~~e~au~adm~~tr~~ere~edl~.
~·".t

JUAN CARLOS RESTREPO v. WILLIAM FLORES, et 81
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 89-40279-MMP; Type of Case: Personal
Uabnity Action (Bivens); Damages Req: 0
Subject INMATE DISCIPLINE Institution: FPC,
Homestead, Florida
Facts Alleged: Set up by HOM staff for attempted escape
charge in 06-89.
Special Monitoring: 0, Not assigned to special monitoring
te Case Filed: 12-08-1989
ranilric8lntActivity: 03-27-1991 Order dismisses case based
12-27-1990 magistrate's report.
----_~~~_ _ _ _~~_~~~_
JAMES R. RICE v. THOMAS O'MALLEY, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-1463-CIV-GRAHAM; Type of Case: Personal
Uability Action (Bivens); Damages Req: 0
Subject: AD DETENTION Institution: MeC, Miami
Facts Alleged: Conspiracy to inflict harsher treatment on
MIA inmate in 1991 by placing In Ad Detention and delay In
delivery of maD.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 12-31-1991
Significant Activity: 06-09-1992 Magistrate's report
recommends dismissal for fanure to plead conspiracy theory
with sufficient specificity. 06-22-1992 Order dismisses case.

WILLIAM SMITH v. U.S. DEPARTMENT OF JUSTICE. et
81
Court: ..NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:89-CV-1310; Type of Case: Personal LIability
Action (Bivens); Damages Req: $13,500,000
Subject: INMATE DISCIPLINE Institution: MON
Facts Alleged: Charged with stealing at MON In 1988 based
on use of credit card to make phone calls.
Special Monitoring: 0, Not assigned to speciaJ monitoring
Date Case Filed: 09-08-1989
Significant Activity: 02-26-1990 Dismissed for improper
venue.

ISSAC W. THOMAS v. UNITED STATES. et 81
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-H-0869-E; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FCI,
Talladega
Facts Alleged: Interference with mail, legal papers seized,
urine sample demanded without probable cause, denied
eye glasses and dentures, a victim of involuntary servitude
at TOG In 1992. Initial request for damages dismissed by
court sua sponte.
Spec/al Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 04-13-1992
~~--~---~~~~-~----~ ~n~antAc~: 05-11-1992 Order dismisses Bivens
portion of case. Appeal to CA 11, 92-6475. 08-12-1992
Appeal dismissed as premature.

CEO Litigation Report
r, 1992 Litigation- Page 11
=.-:.;:.;.;.:::• .::.-::1. .•:"'..lZ:·':':'
T.::..UCKEhiiKf:UNITED

STATES;"ef

a'

Court; NORTHERN DISTRICT OF FLORIDA
Docket No.: 91-30119N1EA; Type of Case: Federal Tort
Oaims Act; Damages Req: $1,000,000
Subject: MEDICAL TREATMENT Institution: FPC, Eglin
Air Force Base
Facts Alleged: Committed to EGL In 10-1987 with extra
contact lenses and cleaning solution that was confiscated
and sent home. Adequate replacements not provided at
EGL or TOG and during transport to RCH. As a result of
lnabnity to adequately clean lenses, eyesight worsen to the
point of blindness.
~p.£e[~.Jx!Q.(}ltQrjagD82rcMaySa1flnan~Ia1!tlabl1lty~I«:a.~

involving Injury which caused loss of 11mb or body function.
Date Case Filed: @04-17-1991

BOBSY J. WILSON v. D.J. SOUTHERLAND, et 81
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CIV-91-PT-788-E; Type of Case: Personal
Uabnity Action (Bivens); Damages Req: $256,000
Subject: SENTENCING Institution: Fel, Talladega
Facts Alleged: Denied good time for period of clYO contempt
at TOG In 1988-89.
.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 07-19-1991
Significant Activity: 06-25-1992 Dismlssed,~~ed :~;.
04-14-1992 Magistrate's Report. Just because an Inmate's
regular sentence Is interrupted by ~".cIvD contempt term,
does not mean that he has a right be treated as a pre-trial
detaInee. He Is not entitled to good time credits for the civD
contempt time.

to

Sjgnifican~ &;1MJy;~Og;o1;'992}Negllgel'fce·.'C1all1l::.li.lsm~~f!d

~lise it Vfa~:fd~mQ~~.1bmk~pcmQnJh~ .a!t.E!f..;9J~R9.~~lon

of admln~!r~tive tort cI~~Jvens claim..9~.,!,issed for.·
failure to prove deliberate1ffdlfference.

~~~~~~~~~~~~~~~~~~

THOMAS VINAGERA~CESAR V.,J ..VWL~R:,.$,TATES, et al
NORTHERN DISTRICT OF GEORGIA
......
No.: 1:89-CV-715; Type of Case: Personal liability
and Tort Action; Damages Req:
Subject: ASSAULTS Institution: USP, Atlanta
Facts Alleged: Assaulted by Inmate with knife on
08-01-1986. Fatlure to protect.
Special Monitoring: IB2, May be financial liability. All cases
involving injury which caused loss of limb or body function.
Date Case Flied: 04-10-1989
Significant ActIvIty: ll729-1989'Order dlsmlssed.~s...e.}or
failure to meet statute of Iim~!Ions;-'Or.~.ers plaintifHo' pay
costs.

IN.JHE MATTER OF-aSEMERGENCYlAPPUCAT,ON

OF THE FEDERAL pUBLteJD.EEENDER FORAN"ORDER
~O~ENSURECOMPLIANCEWJTH THE RIGHTS OF
DEFENDAN~CUEN~'TO~AEEFFEcn~'~

ASSISTAN.C.E,.OE.COUNSEL· AS:G.UARANTEED BY U.S.
CON ST. AMENO:' vrANDTITLE~'t8·U~S.C. 300aA'AND
3.~.i~(i)(~1~·
Court SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-4818-SNOW; Type of Case: Mandamus;
Damages Req: 0
Subject: MISCELLANEOUS Institution: Mee, Miami

B

~~~~~~~~~~~~~~~~~~~ ~ec~/Mon~~g:IC~Pu~~~Y/lm~dons~ffmm~~

PAUL VREONES v. BOP, et 81
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-8372-CIV; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: Southeast Region
Facts Alleged: Inmate at Salvation Army Half-Way House in
West Palm Beach, FL complains that due to improper
sentence computation, he Is being Imprisoned beyond his
release date. Claims he should have been eligible for parole
on a new law sentence that was Imposed during the time
had declared sentencing guidelines unconstitutional.
Monitoring: O. Not assigned to special monitoring
Case Filed: 06-22-1992
Significant Activity: 09-11-1992 Order dismisses case. The
inmate was not affected by the sentencing guidelines
issues. He was not eligible for parole.

Resulting from 08·92 Hurricane Andrew
Date Case Flied: 09-17-1992

CEO Litigation Report
er, 1992 Litigation- Page 12
CIS L. & SHIRLEY L SILVA v. UNITED STATES, et
81
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-2305; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: TRANSFERS Institution: USP, Atlanta
Facts Alleged: Inmate at ATL Is seeking to be transferred to
California so that he will be close to his famny.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-24-1991
Significant Activity: 04-23-1992"Maglstrate's report
recommends dismissal on the merits. The Attorney General
has the authority to designate Inmates.

JOHN L BIKA, et al v. JOSEPH P. CLASS, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 91-50212JWEA; Type of Case: Habeas Corpus;
Damages Req: 0
Subject MEDICAL TREATMENT Institution: FCI, Marianna
Facts Alleged: Wants state detainer removed because of
delay and concerns about medical care at MNA In 1991.
Spec/al Monitoring: 9. Not assIgned to special monitoring
Date Case Filed: 10-31-1992
Slgni!.icant Activity: 10-26-1992 Djsmlss~ pn the merits
withoUt preJudIce.
;'~.;
JIMMY DILLON BROWN

v. UNITED STATES OF

AMERICA
GARY S. WILLIAMS v. J. MICHAEL aUINLAN, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1387-RLV; Type of Case: Personal
Liability Action (Bivens); Damages Req: 75,001.00
Subject: PROTECTIVE CUSTODY Institution: USP, Atlanta
Facts Alleged: Inmate at ATl alleges that he was classified
to special housing unit as a result of overcrowding. He also
eived administrative detention as a result of this
ssification.
~ut::l.i,a, Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-09-1992
Significant Activity: 10-19-1992 Dismissed because
allegations had become moot as a result of transfer and
because Issues regarding transfer are left to the discretion
of prison officials.
ARNOLD NORMAN FANT v. D. J. SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-90-H-1460-E; Type of Case: Personal
Uability Action (Bivens); Damages Req:
Subject: MEDICAL TREATMENT Institution: FCI,
Talladega
Facts Alleged: Inmate at TOG alleges that staff at TOG
conspired to deprive him of medical treatment for his
infected testicle.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-17-1990
Significant Activity: 09-14-1990 Dismissed on the merits.

Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 92-H-1166-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FPC, Maxwell Air
Force Base
Facts Alleged: Inmate at MON alleges that he should be
given credit toward his sentence for time spent in official
detention.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-15-1992
Significant Activity: 10-13-1992 Magistrate's report
recommends dismissal for mootness because he had been
granted the relief he sought. 10-23-1992 Order dismisses
case as moot.
AUGUSTO GUILLERMO FALCON, et al v. U.S. BUREAU
OF PRISONS, et al
.
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-0133-CIV-GRAHAM; Type of Case: Personal
Liability Action (Bivens); Damages Req: unspecified
Subject: AD DETENTION Institution: Mee, Miami
Facts Alleged: Additional plaintiffs Orlando Benigno
Lorenzo. Salvadore Magluta. Claim violation of due process
rights when transferred to administrative detention because
of Investigation for possession of contraband. a cellular
phone at MIA in 1991. Administrative detention order
Insufficient because not give detailed facts about alleged
misbehavior.

~~~~~~~~~~~~~~~~~~~_ ~~~~n~~g:ID12.Casemaoogeme~m~~a

problem, Less than 48 hours response time.
Date Case Filed: 01-17-1992
Significant Activity: 04-04-1992 Voluntary stipulation for
dismissal. The case was later reopened when the three
Inmates were returned to administrative detention after there
was Information they may have been Involved In an escape
plot.

.
CEO Litigation Report
eT, 1992 Litigation- Page 13
RISTOPHER HUNT v. DON CHADWICK, et al
Court: MIDDLE DISTRICT OF GEORGIA
Docket No.: 9O-7B-3-MAC (WOO); Type of Case: Personal
Uability Action (Bivens); Damages Req: $55.000
Subject WITNESS PROTECTION Institution: Central
Inmate MonitorIng
Facts Alleged: Transfer among different Institutions violated
terms of witness protection agreement and endangered
personal security
Special Monitoring: 1011, Case management may be a
problem, Witness Protection Plaintiff ''-,'
Date Case Flied: 03-12-1990
Significant Activity: 04-12-1990 Order dismisses case
without preJudice.
. RAFAEL MAISONAVE-VALENTIN v. FRED STOCK, et al
Court: DISTRICT OF PUERTO RICO
Docket No.: 92-2041 (CCC); Type of Case: Habeas Corpus;
Damages Req: 0
Subject: PAROLE Institution: USP, Atlanta
Facts Alleged: PR boarder inmate at ATL complains that he
eligible for parole release or a parole hearing.
Monitoring: 0, Not assigned to special monitoring
Case Filed: 08-24-1992
Significant Activity: 10-06-1992 Magistrate Judge's Report
and Recommendation recommends dismissal of case for
mootness because the inmate has been released on parole.
UNITED STATES OF AMERICA v. MANUEL ENRIQUEZ
SAENZ
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-451-CR; Type of Case: OTHER. Criminal
Prosecution; Damages Req: 0
Subject ACCESS TO COURTS Institution: MCC, Miami
Facts Alleged: MIA Inmate transferred to Lake County. FL
after Hurricane Andrew alleges he was been unduly
hindered to consult with his counsel. Also denied regular
telephone prfvneges.
Special Monitoring: ICB. Publicity /Impact on staff morale.
Resulting from 08-92 Hurricane Andrew
Date Case Flied: 09-16-1992
Significant Activity: 10-01-1992 Motions for reconsideration
of bond and names and addresses of witnesses denied.

PAUL J. STOUT v. RICHARD THORNBURG, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-30041-RV; Type of Case: Personal Liability
Action (Bivens); Damages Req: $10,000
Subject: COMMUNITY TREATMENT CENTERS
Institution: FPC, Eglin Air Force Base
Facts Alleged: Denied placement in CTC from EGL In 1991.
Forced Into Involuntary servitude for the personal financial
gain of personnel.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-26-1992
Significant Activity: 10-02-1992 Dismissed for faDure to
prosecute.
ISAAC W. THOMAS v. UNITED STATES, et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 291-277; Type of Case: Personal liability Action
(Bivens); Damages Req: $1.000.000
Subject: WORK Institution: Fel, Jesup
Facts Alleged: Forcing him to work In Food Service at JES
for $.11 per hour in 1991 was involuntary servitude because
the United States has no jurisdiction over him.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 07-05-1991
Significant Activity: 10-09-1992 Order dismisses case on the
merits.

_.....

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u.s. Department of JUsticJ!~~_0]cw-a.:·
"n
ji;;
Federal Bureau of Prisons' ' : rer:?~ rq92 i;'"

- ..

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Offic~.~

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"-"-"~ •..;, .....:.:.;.!.:.:;•. ;.

COUNSEL

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523 McDonough Boulevard S.E.
Allanla. Georgia 30315

December 17, 1992

Joyce Zoldak, Associate General Counsel, Litigation Branch
Federal Bureau of Prisons
Office of the General Counsel
320 First Street N.W.
20534
RE: Quarterly Report
Dear Ms. Zoldak:
Please find enclosed a copy of the "CEO" report used by this region
to disseminate information relating to litigation activities within
this region.
In summary, this report shows that there were a total of 15 new
cases received by this office in the month of November. A breakdown
of these cases by category shows that there were 7 "Bivens", 0
FTCA, 3 "other", 1 FOI/PA, and 4 habeas petitions.
The report also shows any significant activity on cases pending
within this region.
If this information is needed
office at 404-624-8127.
Sincerely,

A. Eugene Dixon
Paralegal
Enclosure

in other form please contact this

.:

United States Government
Memorandum
Date:

December 10, 1992

Reply to
Attn. of:

Sherree L Sturgis, Regio
Southeast Region, Bureau

SUbJect:

November, 1992 SER Litigation

To:

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

New Cases
1. UNITED STATES Y. ROUTE 5, BOX 8005,
CHICKAMAUGA, WALKER. COUNlY. GA, DIANE
GALLOWAY, CLAIMANT
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 4:92-CV~078-HLM
Institution: USP. Atlanta
Type of Case: Other, Subpoena for records
•.",.£lI,.,.-. MISCELLANEOUS
Alleged: A subpoena requesting BOP records
concerning inmate Robert Aaron Wiley in an unrelated civil
matter.
'Damages Req: 0; Special Monitoring: 1012, Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: November 2,1992; Due: NA
Assigned to: Dahill Goss; Assistant U.S. Attorney, Atlanta,
GA ; Wanda Hunt, Staff Counsel, USP, Atlanta
2. UNITED STATES v. FRANCISCO KORTWRIGHT
PEREZ
Court: DISTRICT OF PUERTO RICO
Docket No.: CR 90-230 (JP)
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Subject CONDITIONS OF CONFINEMENT
Facts Alleged: Inmate at JES had complained about the
conditions of confinement that he was subjected to while
incarcerated in a county jail in Pensacola. Judge in PR filed
notes of phone calls and memorandum under criminal
action number but did not request any response.
Damages Req: 0; Special Monitoring: 0, Not assigned to
monitoring
'd In Legal: November 2,1992; Due: -1992
Assigned to: Daniel F. Lopez-Romo; United States Attorney,
Hato Rey, PR ; Angle Grider, Legal Intern, SERO

8.

3. EDWARD COWNS v. MR. BAXTER, et
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 92-40061 WS
Institution: Fel. Tallahassee
Type of Case: Personal liability Action (Bivens)
Subject URINE SURVEILLANCE
Facts Alleged: Inmate at TAL alleges that as a resuh of a
bladder problem, he was unable to provide a urine sample
and was sanctioned. He also alleges that his medical
condition has not received the proper treatment.
Damages Req: $1,500,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: November 12, 1992; Due: @12-O1-1992
Assigned to: David W. Moye; Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee
4. WILLIAM J. SHEFFIELD v. DR. SHIRLEY CORSBIE
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-263
Institution: FCI, Jesup
Type of Case: Mandamus
Subject: FOI-PRIVACY
Facts Alleged: Inmate at JES claims that an FOIA request
for psychological tests has not been acted upon.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: November 12, 1992; Due: 11-25-1992
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Earl L Cotton, Assistant Regional Counse!,
SERO

5. ROBERT E. DUNLEAVY v. U.S. BUREAU OF
PRISONS, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CIV-292-262
Institution: FCI. Jesup
Type of Case: FOI-Privacy
Subject: CLASSIFICATION
Facts Alleged: JES Inmate claims as a resuh of false
Information contained in his PSI report, a public safety
factor was placed on him by the BOP and the USPC placing
him in a different category.
Damages Req: $25,000; Special MonitOring: 0, Not
assigned to special monitoring
Rec'd in Legal: November 12,1992; Due: None, No Service On US
Attorney

Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Jesup

--

. CEO -Litigation Report
December 10, 1992 - Page 2
DAVID BASADRE v. W. J. THOMPSON, et al
• NORTHERN DISTRICT OF N..ABMAA.

Docket No.: 92-T-1399-N
Institution: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject: COMMUNITY TREATMENT CENTER~
Facts Alleged: Inmate at MON In 1992 alleges he should be
placed In a CTC for 180 days Instead of 2 months.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: November 12,1992; Due: NONE, NO SHOW CAUSE
Assigned to: D. Broward Segrest; Assistant U.S. Attorney
First Assistant, Montgomery, Al ; Sharon Ragland, Paralegal
Specialist, Southeast Regional Office
7. DAVID AARON COBB v. ALFONZO GRAHAM, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1002-RlV
Institution: USP, Atlanta
Type of Case: Personal LIability Action (Bivens)
Subject: ASSAULTS
Facts Alleged: Inmate at ATl alleges that he was assaulted
by staff. He alleges that medical treatment for his Injuries
denied. He also alleges that he was placed In
..... ,..:r.... t"'I~ti,.,." In unsanitary conditions. He alleges that he
was not allowed to use the phone.
Damages Req: $650,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: November 18,1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Curtis E. Anderson; Assistant U.S. Attorney
Chief. Civil Division. Atlanta, GA ; Wanda Hunt. Staff
Counsel, USP. Atlanta
8. CITY OF ATLANTA v. HERMAN NELSON
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 0023603
Institution: USP, Atlanta
Type of Case: Other, On-duty Traffic Citation
Subject MISCELlANEOUS
Facts Alleged: Employee received a citation while driving a
Bureau of Prison's vehicle.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: November 18, 1992; Due: 11-19-1992
Assigned to: James R. Schultz; Assistant U.S. Attorney,
GA; Wanda Hunt. Staff Counsel. USP, Atlanta

9. THOMAS L BALDWIN v. JOSEPH CLASS. et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-50208 WEA
Institution: FCI. Marianna
Type of Case: Personal UablJlty Action (Bivens)
Subject CLASSIFICATION
Facts Alleged: Inmate at MNA alleges that there Is false
Information on his security designation score and wishes to
have It expunged.
Damages Req: $5,000.00; Special Monitoring: O. Not
assigned to special monitoring
Rec'd In Legal: November 18, 1992; Due: 01-08-1993
Assigned to: Michael Rnney; Assistant U.S. Attorney•.
Pensacola, Fl ; Sterling Dawson. Paralegal Specialist, FCI.
Marianna
10. JOHN WILLIAMS v. ROBERT E. HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-271
Institution: FCI, Jesup
Type of Case: Personal liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at JES alleges that he Is receiving a
generic drug Instead of the proper medication for his cluster
headaches for cost savings reasons.
Damages Req: $4500.00; Special Monitoring: O. Not
assigned to special monitoring
Rec'd in Legal: November 18, 1992; Due: 01.()9-1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney.
Savannah, GA; Wilson Moorer. Paralegal Specialist. FCI.
Jesup
11. LE ROY REA, JR. v. BUREAU OF PRISONS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1292-RLV
Institution: USP, Atlanta
Type of Case: Personal Uability Action (Bivens)
Subject WORK
Facts Alleged: Inmate at ATL alleges that he was fired from
his job at UNICOR because of false allegations made by the
UNICOR foreman.
Damages Req: $750.000.00; Special Monitoring: O. Not
assigned to special monitoring
Rec'd in Legal: November 18, 1992; Due: 11-20-1992
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney
Chief. Civil Division. Atlanta. GA ; Wanda Hunt. Staff
Counsel. USP, Atlanta

-""

.

.CEO Litigation Report
December 10, 1992 - Page 3

.,

15. MIGUEL ANGEL SENSEBE v. J. MICHAEL
QUINLAN, et al
Court: NORTHERN DISTRJCT OF FLORIDA
No.: 92-50266RV
Docket No.: 92-50209RV
Institution: FCI, Marianna
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Type of Case: Personal liability Action (Bivens)
Subject COMMUNITY TREATMENT CENTERS
Subject:
CORRESPONDENCE
Facts Alleged: MNA Inmate In 1992 claims he was arbitrarily
Facts Alleged: MNA Inmate In 1992 claims Improper
denied placement In a CTC.
rejection of the magazine, ''Tattoo'' (May and June, 1992
Damages Req: 0; Special Monitoring: 0, Not assigned to
editions) for reasons unrelated to penological Interests.
special monitoring
Damages Req: 0; Special Monitoring: 0, Not assigned to
Rec'd In Legal: November 20,1992; Due: 01-08-1993
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. special monitoring
Rec'd In Legal: November 27, 1992; Due: 01-27-1993
Attomey, Pensacola FL ; Sterling Dawson, Paralegal
Specialist, FCI, Marianna
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Attorney, Pensacola FL ; Sterling Dawson, Paralegal
Specialist, FCI, Marianna
13. ROBERT ROMO v. JOSEPH CLASS
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-50219 RV
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: MNA inmate In 1992 claims responsibility for VICTOR STUBBS v. U.S.
Court: EASTERN DISTRICT OF PENNSYLVANIA
state sentence was transferred to the federal
Docket No.: 92-2384; Type of Case: Federal Tort Claims
under the Witness Protection Program so that
Act; Damages Req: $100,000
should receive additional credit towards his state
sentence and be eligible for parole.
Subject: TORT Institution: Southeast Region
Damages Req: 0; Special Monitoring: 0, Not assigned to
Facts Alleged: On 12-09-1989 Inmate was a passenger on a
special monitoring
bus traveling from PET to TOG when the bus negligently
with stopped cars near Burlington, NC. He suffered
collided
Rec'd in Legal: November 20, 1992; Due: -1992
fractured
vertebrae. head and leg Injuries caUSing pain and
Assigned to: Samuel A Alter, Jr.; Supervising Assistant U.S.
medical
expenses.
Presently at DAN Camp.
Attorney, Pensacola FL ; Sterling Dawson, Paralegal
Special Monitoring: IB2, May be flnancialliabDity, All cases
Specialist, FCI, Marianna
~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ~vol~ngi~u~wh~hcaus~~ss~lImbor~yfund~~
Date Case Filed: 04-23-1992
14. PHILLIP N. NORMAN v. ANDRE IVORY, et al
Significant Activity: 11-02-1992 Settlement of case for
Court: NORTHERN DISTRICT OF GEORGIA
$35,000 approved.
Docket No.: 1:92-CV-1833-RLV
Institution: USP, Atlanta
CHARLES G. ACKERMAN v. R.E. HONSTED
Type of Case: Personal liability Action (Bivens)
Court:
SOUTHERN DISTRICT OF GEORGIA
Subject INMATE DISCIPLINE
Facts Alleged: ATL Inmate claims false information was put Docket No.: CV 291-096; Type of Case: Habeas Corpus;
Damages Req: 0
in his Progress Report resulting in USPC not Issuing a
Subject: SENTENCING Institution: FCI, Jesup
parole date. He also alleges discrimination based on race
Facts Alleged: Denied jail credit for time on bond at JES In
and inmate ~ssault at the request of staff in retaliation for
1991.
filing administrative remedies.
Special Monitoring: 0, Not assigned to special monitoring
Damages Req: $4,000,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Date Case Filed: 03-27-1991
'd in Legal: November 23, 1992; Due: 0104-1993
Significant Activity: 06-03-1991 Order dismisses case,
inmate Is not entltl~ to credit for this period.
LC:~j.r"fn~n· to: Jan~ W. Swift; Assistant U.S. Attorney, Atlanta,
; Wanda Hunt, Staff Counsel, USP, Atlanta
WILUAM GEORGE WALTON v. JOSEPH P. CLASS
NORTHERN DISTRICT OF FLORIDA

&.IU,","",,,

Significant Activity on
Existing Cases

-

,.

CEO Litigatiof.l Report
December 10, 1992 - Page 4
NTA MUWAKIL ALlAH v. U.S.A., et al
SOUTHERN DISTRICT OF GEORGIA
&JU,",nll:;" No.: CV-292-136; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: ASSAULTS Institution: FCI, Jesup
Facts Alleged: Staff at JES failed to protect him from assault
by another Inmate. He was transferred to TDG as a result of
Incident. Damage request was dismissed by court sua
sponte.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-Q9-1992
Significant Activity: 11-03-1992 Order dismisses case on
summary judgement The inmate failed to plead his claims
of constitutional violations with sufficient specificity. The
defendants had not been callously Indifferent to his securfty
needs.
MOSHE ELKAYAM v. DONALD J. SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 89-C-1534-S; Type of Case: Personal Uabillty
Action (Bivens); Damages Req: $100,001
Subject: CORRESPONDENCE Institution: FCI~ Talladega
Facts Alleged: Mishandling of legal mall at TOG in 1988.
Monitoring: 0, Not assigned to special monitoring
Case Filed: 12-14-1989
Significant Activity: 09-08-1992 Magistrate's report
recommends dismissal. 10-15-1992 Order grants
government's motion for summary judgement, dismisses
case.

JOSE CARLOS SANCHEZ-RIOS v. R.E. HONSTED, et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-96; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: Fel, Jesup
Facts Alleged: Sentenced to two concurrent federal
sentences on different dates. Seeks credit against second
sentence for time awaiting trial and sentencing. Cannot be
granted because would be double credit. At JES In 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-14-1992
Significant Activity: 11-06-1992 Order dismisses case based
on magistrate's report.
.
VISHU SHARMA v. R.E. HONSTED, et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-103; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: COMMUNITY TREATMENT CENTERS
Institution: FCI, Jesup
Facts Alleged: Denied camp and CCC placement because
not a citizen and INS detainer.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-27-1992
Significant Activity: 11-06-1992 Order dismisses case based
on magistrate's report.
GERALD E. SMITH v. U.S.P.C., et al

~~~~~~~~~~~~~~~~~~ Co~:SOUTHERNDISTRI~OFGEORGIA

RAUL GARCIA v. R. E. HONSTED, et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-205; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Jesup
Facts Alleged: Inmate at JES complains that he should be
considered for parole, but as a result of the BOP's
computation for his sentencing, he has been denied.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-08-1992
Significant Activity: 11-06-1992 Dismissed for failure to
exhaust adminlstrativ~ remedies.

Docket No.: CV 292-155; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Jesup
Facts Alleged: Parole improperty revoked and sentences
Improperty unaggregated at JES In 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 05-29-1992
Significant Activity: 11-03-1992 Order dismisses case as
moot, based on magistrate's report.

... .
. CEO Litigation Report
December 10, 1992 .. Page 5
P. YATES v. R.E. HONSTED, et al
SOUTHERN DISTRICT OF GEORGIA
LlUl",l\C'l No.: 292-126; Type of Case: Mandamus; Damages

Req:O
Subject: AD REMEDIES Institution: FCI, Jesup
Facts Alleged: Denied caples of the administrative remedy
Index at JES In 1992. Seeks this to support appeal of his
dental of a social furlough.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 05-09-1992
Significant Activity: 11-03-1992 Order dismisses case
without prejudice as moot based on magistrate's report.
JOEL LEVINE v. HAROLD B. WILBERT
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-7113-CIV-ROETTGER; Type of Case:
Habeas Corpus; Damages Req: 0
Subject: INMATE .DISCIPLINE Institution: Southeast

Region
Facts Alleged: BOP improperly disciplined inmate for
escape at DAN In 1991 because hearing was not held within
60 days of his return to custody.
Special Monitoring: 0, Not assigned to special monitoring
Case Filed: 12-26-1991
J;/n'lIt/~RntActivity: 11-10-1992 Order adopts Magistrate's
report, dismisses case.

United States Government
Memorandum
Date:

December 10, 1992

Reply to
Attn. of:

Sherree L Sturgis, Reglo
Southeast Region,

SUbJect:

November, 1992 SER litigation

To:

SER CEOs, Regional Administrators
Institution Paralegals and Attorneys
Wallace H. Cheney,: General Counsel

~

BureaMr~:a:

. "}

New Cases

~~---------------------------

3. EDWARD COWNS v. MR. BAXTER, et al
Court: NORTHERN DISTRJCT OF FLORIDA
Docket No.: TCA 92-40061 WS
Institution: Fel, Tallahassee
J
Type of Case: Personal Uabnlty Action (Bivens)
Subject: URINE SURVEILlANCE
Facts Alleged: Inmate at TAL alleges that as a result of a
bladder problem, he was unable to provide a urine sample
and was sanctioned. He also alleges that his medical
condition has not received the proper treatment.
Damages Req:~$1~500,OOO.OO: Speo/~ Monitoring: 0, Not:'
assigned t~ specl8l monitoring
.C:
Rec'd In (egal: November 12. 1992: Due: @12.Q1-1992
Assigned to: David W. Moye; Assistant U.S.' Attorney,
Tallahassee, FL;'OanRouse, Paralegal Specialist, FCI,
Tallahassee

1. UNITED STATES v. ROUTE 5, BOX 8005,

CHICKAMAUGA, WALKER, COUNTY. GA, DIANE
GALLOWAY. CLAIMANT

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 4:92-CV-0078-HLM
Institution: USP, Atlanta
Type of Case: Other, Subpoena for records
Subject: MISCELLANEOUS
Alleged: A subpoena requesting BOP records
,,,,n,..Ornlng inmate Robert Aaron WHey in an unrelated clYD
matter.
Damages Req: 0; Special Monitoring: 1012, Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: November 2, 1992; Due: NA
Assigned to: Dahm Goss; Assistant U.S. Attorney, Atlanta,
GA; Wanda Hunt, Staff Counsel. USP. Atlanta

4. WILLIAM J. SHEFFIELD v. DR. SHIRLEY CORSBIE
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-263
Institution: Fel, Jesup
Type of Case: Mandamus
Subject: FOI-PRIVACY
Facts Alleged: Inmate at JES claims that an FOIA request
for psychological tests has not been acted upon.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: November 12. 1992; Due: 11·25-1992
Assigned to: Paul G. Justice: Assistant U.S. Attorney,
Savannah. GA; Ear1 L Cotton, Assistant Regional Counsel.
SERO

2. UNITED STATES v. FRANCISCO KORTWRIGHT
PEREZ
Court: DISTRICT OF PUERTO RICO
Docket No.: CR 90-230 (JP)
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Subject: CONDITIONS OF CONFINEMENT
Facts Alleged: Inmate at JES had complained about the
conditions of confinement that he was subjected to whOe
incarcerated in a county jan in Pensacola. Judge i~ PR med
.. ,., . notes of phone calls and memorandum'under criminal'· .. ,

5. ROBERT E. DUNLEAVY v. U.S. BUREAU OF
PRISONS. et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CIV-292-262
Institution: FCI, Jesup
Type of Case: FOI-Prlvacy
Subject: CLASSIFICATION
Facts Alleged: JES Inmate claims as a result of false
Information contained In his PSI report, a public safety
factor was placed on him by the BOP and the USPC placing
him In a different category.
Damages Ree,: $25.:000; Special ¥onl!oring: 0, Not
'a'ss1gnetftti sp~~IaII1\Onitoring '.',. • .. ,'.' .: •. .. • :'. ' ., ,'.'

':: ~;...• ·.~~~i.9~~.(l~~~Jl~9~Pc&-r~~~~,fQY~~~P.~~~; '.i:4jJ#f;:"~'''~''.:

I.lect:d !"I~~pa'r~~#,"'. ;~;D.~!:tt~~i:t.,.,.~:·~~!~\.i l

•

Damagi!S Req: 0; Special Monnorlng: 0, Not asslgneu to
special monitoring
Reo'd In Legal: November 2. 1992; Due: -1992
Assigned to: Daniel F. Lopez-Romo; United States Attorney,
Hato Rey, PR ; Angle Grider, Legallntem, SERO

Attorney

.

.

Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; WDson Moorer. Paralegal Specialist. FCI.
Jesup

~

CEO /-itigation Report
·-December 10, 1992 - Page 2
6. DAVID BASADRE v. W. J. THOMPSON, et al
Court: NORTHERN DISTRICT OF AJ..ASAN,A
Docket No.: 92-T-1399-N
Institution: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at MON In 1992 alleges he should be
placed In a erc for 180 days Instead of 2 months.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
;·.v. .
Rec'd In Legal: November 12, 1992: Due: NONE, NO SHOW CAUSE
Assigned to: D. Broward Segrest; Assistant y~S. Attorney
First Assistant, Montgomery, AL : Sharon Ragland, Paralegal
Specialist. Southeast Regional OffIce
'(~~

~~~~~~~~~~~~~~~~~~~

•

7. DAVID AARON COBB v. ALFONZO GRAHAM, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1oo2-RLV
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject ASSAULTS
Facts Alleged: Inmate at ATL alleges that he was assaulted
by staff. He alleges that medical treatment for his Injuries
was denied. He also alleges that he was placed In
segregation In unsanitary conditions. He alleges that he
was not allowed to use the phone.
Damages Req: $650,000.00; Special Monitoring: D, Not
assigned to special monitoring
Rec'd In Legal: November 18, 1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Curtis E. Anderson; Assistant U.S. Attorney
Chief, Civil OMslon, Atlanta, GA ; Wanda Hunt, Staff
Counsel, USP, Atlanta

. . ...

9. THOMAS L BALDWlN Y. JOSEPH CLASS, It II
Court: NORTHERN DISTRICT OF flORIDA
Docket No.: 92-50208 WEA
Institution: FCI, Marianne
Type of Case: Personal UabBIty Action (Bivens)
Subject CLASSIFICATION
Facts Alleged: Inmate at MNA alleges that there Is false
Information on his security designation score and wishes to
have It expunged.
Damages Req: $5,OOO.OO;$peclaJ Mor,/torlng:O. Not
assigned to special monltorfrig
''.~'';I~:,.::?~.;Rec'd In Leg~: November 18, 1992; Due: 0141~.
Assigned
Michael Flnner~~lstant u.s. Attorney,
Pensacola, FL :. Sterling Dawsq\ Paral~ Specialist, Fa.
Ma~nM:'~~'
~ ..

to:

10. JOHN WIWAMS v. ROBERT E. HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-271
Institution: FCI. Jesup
Type of Case: Personal liability Action (Bivens)
Subject MEDICAL TREATMENT
Facts Alleged: Inmate at JES alleges that he Is receiving a
generic drug Instead of the proper medication for his cluster
headaches for cost savings reasons.
Damages Req: $4500.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: November 18, 1992; Due: 01$1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah. GA; Wilson Moorer. Paralegal Specialist, FCI,
Jesup

8. CITY OF ATlANTAv. HERMAN NELSON
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 0023603
Institution: USP, Atlanta
Type of Case: Other, On-duty Traffic Citation
Subject: MISCELlANEOUS
Facts Alleged: Employee received a citation whOe driving a
Bureau of Prison's vehicle.
Damag.es Req:.O; Special MO'!~t9rlng: 0, ~ot assign.ed t~

11. LE ROY REA, JR. v. BUREAU OF PRISONS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1292-RLV
Institution: USP, Atlanta
Type of Case: Personal Uability Action (Bivens)
Subject WORK
Facts Alleged: Inmate at ATl alleges that he was fired from
his Job at UNICOR because of false allegations made by the
UNICOR foreman.
Damages Req: $750,000.00; Special Monitoring: 0, Not
assigned ~o special m.onltC?rlng
.

spe~~I.~9nitO!J.nJJ . ~ .":'.~. .. ... .':. ,.' "='" ~.""
Rec 'd In Legal: ~ovember 18, 1~2; Due: 11-19-1992

Assigned tei: Curtis E.-AnderSon· ASSIstant U.S. Attom'ey

.

~~9'~ I~ .!-~9.I!I; ~ye~~r ..1~,.1~;:D~~:.~.1-~19?2. ~.

'e' • • •

. •• ."

.

._

.•;::.. !·'··. :-.kg"h~cj:iO:~!J8ti1et·Rf·ec"hB1tZ;~~ti:S.•At(~t·~·:I~~~.:Ollef;:·~OM$JOn;~AtI~;.GA'~ntf811ui(;._; .;:r.::,~~-:.~
Atlanta, GA: Wanda Hunt, Staff Counsel, USP, Atlanta'

Counsel. USP, Atlanta

' .

CEO Ljtigation Report
December 10, 1992 - Page 3
v. JOSEPH P. CUSS

15. MIGUEL ANGEL SENSEBE v. J. MICHAEL
QUINLAN, et II
Court: NORTHERN DISTRICT OF FlORJDA
~.nv' No.: 92-50266RV
Docket No.: 92-50209RV
Institution: FCI, Marianna
Institution:
FCI, Marianna
Type of Case: Habeas Corpus
Type of Case: Personal UabDity Action (Bivens)
Subject COMMUNITY TREATMENT CENTERS
Facts Alleged: MNA Inmate In 1992 claims he was arbitrarily Subject. CORRESPONDENCE
Facts Alleged: MNA Inmate In 1992 claims Improper
denied placement In a CTC.
rejection of the magazine, ''Tattooll (May and June, 1992
Damages Req: 0; Special Monitoring: 0, Not assigned to
editions)
for r~~
unrelat.~
to penologlcallnteresta.
special monitoring
.. 'fy,
.\ ..
.. ·· '..
..
.•.:..... :1...
.
Damages Req: 0; Spec/al Mon/tor/ng:O. Not assigned to
Rec'd In Legal: November 20,1992; Due: 01.08-1993
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. special monitoring
Rec'd In Legal:
November 27 :.1992' Due: 01.27.1993 -"':'i~~ "..,.'
Attorney. Pensacola FL ; Sterilng Dawson, Paralegal
."'.
~.",,,;:, ,- .......
Assigned to: Samuel A. Alter~ Jr.; Supervising Assistant U.S.
Specialist, FCI, Marianna ".
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Attorney. Pensacola FL: Stertlng Dawson. Pa~egaI
Specialist. FCI. Marianna
;,
13. ROBERT ROMO v. JOSEPH CLASS
Court. NORTHERN DISTRICT OF FlORIDA
Docket No.: 92·50219 RV
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: MNA Inmate in 1992 claims responsibility for VlCloifSTUss's v. U.~.
his state sentence was transferred to the federal
CO'!$,:~~~fi~~9t:-~et¥~-{t~YLVANIA
"t'\"j,arnrnOln~ under the Witness Protection Program so that
Dock~~·2384;iTypeOf Case: Federal Tort Claims
iI~--e should receive additional credit towards his state
A~Jljl~~,.$100 000
,en1teo(:8 and be eligible for parole.
~ .sLib]k#fmrffnsiiiiii5~!s'=east Region
Damages Req: 0; Special MonitorIng: 0, Not assigned to
ftglNJeged::OR1I2.og..19891rfm1t1W8~ra.,.~n a
special monitoring
~yeling:from~ET:to:.:rDG.wheMhe.b.ulagUgeDflv;
Rec'd In Legal: November 20, 1992; Due: -1992
~ k.~l1hS~;.QjDJDeatB..udlogt~ered
Assigned to: Samuel A. ~ter. Jr.; Supervising Assistant U.S. #~4.;,~~~dDJU~~"and
Attorney, Pensacola FL , Stertlng Dawson, Paralegal
~~~c~~.g".Y~"tDAN~
Specialist, FCI, Marianna
Special Monitoring: IB2, May be flnanclalllabDity. All cases
~_ _ _ _ _ _ _ _ _ _ _ _~_ _~_~ I~~~ngl~u~wh~h~us~~ss~"mbor~yfunct~~
Date Case Filed: 04-23-1992
14. PHILLIP N. NORMAN v. ANDRE IVORY, et al
SlgnmClfft"Actlvltyf1-1!()2;:t·992'.SettJifi,-ent'of_case1Qr~
Court: NORTHERN DISTRICT OF GEORGIA
·~r~~~fiAJt-·
Docket No.: 1:92-CV-1833-RLV
Institution: USP, Atlanta
Type of Case: Personal Uabntty Action (Bivens)
CHARLES G. ACKERMAN v. R.E. HONSTED
Subject INMATE DISCIPUNE
Court: SOUTHERN DISTRICT OF GEORGIA
Facts Alleged: ATL Inmate claims false Information was put
Docket No.: CV 291-096; Type of Case: Habeas Corpus;
in his Progress Report resulting In USPC not Issuing a
Damages Req: 0
parole date. He also alleges discrimination based on race
Subject: SENTENCING Institution: FCI, Jesup
and Inmate assault at the request of staff in retaliation for
Facts Alleged: Denied Jan credit for time on bond at JES In
fding administrative rem~les:'
- '1991.'
. .
.
.
- .' .Damages
$4,boO;oOO~oo:'$peclal M.onitorlfJ!pO: Nbr- .. ,SpeCial Monitoring: Oi Not-assigned to special monitoring· " ~ ..
2. WIWAM GEORGE WALTON

NORTHERN DISTRICT OF flORIDA

:-A~

.,n.~-:

,

,~'"

'

"

Significant Activity on
Existing Cases

lleq:

1:/101'1. tv2~ ~...
".:.:-i·\;t...•..·;.• ·~tw..I"~M
~.-.Ig . ~.t'.,~. ,-"·C.·.1·:·.'~~·
...,r.. :. ..... '.;:.~
. . .~·.........
..:_.~
,. ••..,••
" " ' .... ~ . .....
...-...,-..
_,..~ ,. .
Significant Activity: 06.03-1991 Order dismisseS caSe.
. ...

. . ;,.~ ··;.:&adelftnlbA .;"~ft&ftJeI ..,nnltA1'lniof .._ ob~ -'" ........~ 't ~ ".' _".
,;. ·.~~~'tI'~"~-~~It:""·~""'IIIMlV""~
.......-·........... 1:4~··..•...
•
. . . . . . ,

In Legal: November 23, 1992; Due: 0104-1993
~SjranEtCI' to: Jane W. Swift; Assistant U.S. Attorney, Atlanta.
GA; Wanda Hunt, Staff Counsel, USP, Atlanta

•

e • • ,.'.

"

•••••••

·~A

Inmate Is not entitled to cr~it for this period.

.~.i

CEO Litigation Report
-December 10, 1992 - Page 4
KUNTA MUWAKIL ALLAH v. U.S.A., et 81
SOUTHERN DISTRICT OF GEORGIA
No. : CV-292-136; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: ASSAULTS Institution : FCI, Jesup
Facts Nleged: Staff at JES failed to protect him from assauh
by another Inmate. He was transferred to TDG as a re sult of
Incident. Damage request was dismissed by court sua
sponte.
Special Monitoring: 0, Not assigned to special monhorlng
Date Case Flied: 03-09-1992
SIgnificant Activity: 11-03-1992 Order dismisses case on
summary judgement. The Inmate faned to plead his claims
of conslnutlonal violations whh sufficient speclfichy. The
defendants had not been callously Indifferent to his seCurhy
needs.
___________________

MOSHE ELKAYAM v. DONALD J. SOUTHERLAND, et a!
Court: NORTHERN DISTRICT OF ALABAMA
Docket No. : 89-C-1534-S; Type of Case : Personal Uabilhy
Action (Bivens); Damages Req: $100,001
Subject: CORRESPONDENCE Institution : FCI, Talladega
Facts Nleged: Mishandling of legal mail at TDG in 1988.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 12-14-1989
r'S.<;llgnnn,jificaJ,,~,tActivity: 09-08-1992 Magistrate's report
re~ommends dismissal. 10-15-1992 Order grants
government's motion for summary jUdgement, dismisses
case.
__________________

'

"

."

,.

. ' '.. ....

.

. ',

.

,-

. : .

.

Significant Activity: 11-06-1992 Order dismisses case based
on magistrate's report.
'
"c.'

VISHU SHARMA v. R.E. HONSTED, el al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No. : CV 292-103; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: COMMUNITY TREATMENT CENTERS
Institution: FC!, Jesup
Fa cts Nleged: Denied camp and CCC placement because
not a chizen and INS detainer.
Special Monitoring: 0, Not assigned to special monhoring
Date Case Filed: 04 -27-1992
Significant Activity: 11-06-1992 Order dismisses case based
on magistrate's report.

GERALD E. SMITH v. U.S.P.C., et a!
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-155; Type of Case : Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Jesup
Facts Nleged: Parole Improperly revoked and sentences
improperly unaggregated at JES In 1992.
Special Monitoring: 0, Not assigned to special monhoring
Date Case Filed: 05-29-1992
Significant Activity: 11-03-1992 Order dismisses case as
moot, based on magistrate's report.

RAUL GARCIA v. R. E. HONSTED, el al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-205; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution : FCI, Jesup
Facts Nleged: Inmate at JES complains that he should be
considered for parole, but as a result of the BOP's
computation for his sentencing, he has been denied.
Special Monitoring : 0, Not assigned to special monhorlng
Date Case Filed: 08-08-1992
Significant Activity: 11-06-1992 Dismissed for failure to
exhaust administrative remedies .

. . .. ' , .. . . .

JOSE CARLOS SANCHEZ-RIOS v. R.E. HONSTED, et II
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 292-96; Type of Case: Habeas Corpus;
Damages Req: 0
Subject. SENTENCING Institution: Fel, Jesup
Facts Nleged: Sentenced to two concurrent federal
sentences on different dates. Seeks credh against second
sentence for time awahlng trial and sentencing. Cannot be
granted because would be double credh. At JES In 1992.
Special Monitoring : 0, Not assigned to special monhoring
Date Case Filed: 04-14-1992 .. ~.

-,

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...

CEO Utigation Report
-~December 10, 1992 - Page 5

a

GARY P. YATES Y. R.E. HONSTED, et 81
oult: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 292-126; Type of Case: Mandamus; Damages

Req:O
Subject AD REMEDIES Institution: Fel, Jesup
Facts Alleged: Denied caples of the administrative remedy
Index at JES In 1992. Seeks this to support appeal of his
denial of a social furlough.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 05-09-1992
Slgnlflcant Activity: 11-03-1992 Order dismisses case
without prejudice as nl29.~ based on magistrate's report.
••f. ..

.'

•

_

.::-c ~ .

JOEL LEVINE Y. HAROLD B. WILBERT':'
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-7113-CIV-ROETTGER; Type of Case:
Habeas Corpus; Damages Req: 0
Subject: INMATE .DISCIPUNE Institution: Southeast
Region
..
Facts Alleged: BOP improperly disciplined Inmate for
escape at DAN In 1991 because hearing was not held within
60 days of his return to custody.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 12-26-1991
_~l,..nit;"'~jnt Activity: 11-10-1992 Order adopts Magistrate's
dismisses case.

3. SAMUEL S. LEE. III v. WIWAM P. BARR
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-2392-H1W
Institution:
USP, Atlanta
January 5, $992. \9 ~ 3
Date:
Type of Case: Equal Employment Claim
Subject.
DISCRIMINATION
}~{'
Sherree L Sturgis, Regional
Reply to
Facts
Alleged:
Former
employee
at
All alleges that he was
Southeast Region, Bureau of Prls01s
Attn. of:
discriminated because of his race beginning In 1987. He
"C)e a2.~\'J)",was transferred from his Job. was not allowed to supervise
~tgber, 1992 SER litigation
Subject:
his employees, and was given Inappropriate performance
ratings. He had flied a suit with EEO which allegedly agreed
SER CEOs, Regional Administrators
To:
with
his charges.
Institution Paralegals and Attorneys
Damages
Req: unspecHled; Special Monitoring: 102,
Wallace H. Cheney, General Counsel
Publicity /Impact on staff morale, All employee suits.
Rec'd In Legal: December 8::'1992; Due: 01-22-1993
Assigned to: Sharon Douglas Stokes; Assistant U.S.
1-.-P-H-I-W-P-H-.-N-O-R-M-A-N-~-U-N-rr-E-D-S-T-A-T-E-S---~M~~M~~~G~WM~~~S~~u~~,U~
Atlanta
Court: NORTHERN DISTRICT OF GEORGIA
DocketNo.: 1:92-CV-2318-RLV
4. ROBERT E. DUNLEAVY v. UNITED STATES PAROLE
Institution: USP. Atlanta
COMMISSION,
et al
Type of Case: Personal Liability Action (Bivens)
Court:
SOUTHERN DISTRICT OF GEORGIA
Subject: MEDICAL TREATMENT
Docket No.: 292-278
Facts Alleged: ATl inmate alleges medical records,
Institution:
FCI, Jesup
including his own were purposely thrown away. After he
Type
of
Case:
Habeas Corpus
egedly found some of the papers in the trash, he Informed
Subject: COMMUNITY TREATMENT CENTERS
of the alleged criminal activity. As a result of him
the papers .In his possession, he was placed In
Facts Alleged: Inmate at JES In 1992 claims he Is eligible for
Administrative Detention. Also alleges Inadequate medical
CTC placement and camp transfer.
care resulting In the death of another Inmate.
Damages Req: 0; Special Monitoring: 0, Not assigned to
Damages Req: 500,0000; Special Monitoring: IB1, May be
special monitoring
financial liability, All cases involving a death.
Rec'd In Legal: December 8. 1992; Due: 12-2().1992
Rec'd in Legal: December 8, 1992: Due: 01·19-1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Assigned to: Lori M. Beranek; Assistant U.S. Attorney.
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
Atlanta, GA; Darrin C. Scott. Attorney Advisor. SERO
Jesup

United States Government
Memorandum

cou~s

New Cases

2. PHILLIP NORMAN v. UNITED STATES

5. ROY STEVE DAVIS v. FRED J. STOCK

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-2276-RLV
Institution: USP. Atlanta
Type of Case: Federal Tort Claims A~
Subject. RECREATION
Facts Alleged: ATl Inmate alleges In 1991 he was Injured
playing volleyball as a result of ATl staff not supervising the
Inmates during the games. He also states that his Injury
was a result of staffs Indifference to volleyball regulations.
Damages Req: 1,000.000; Special Monitoring: 0, Not
assigned to special monitoring
'd In Legal: December a. 1992; Due: 01-19-1993
rt.~~i'nnE.tl1 to: Lori M. Beranek; Assistant U.S. Attorney,
Atlanta, GA; Darrin C. Scott, Attorney Advisor, SERO

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-2623-JEC
Institution: USPt Atlanta
Type of Case: Habeas Corpus
Subject: CONDITIONS OF CONFINEMENT
Facts Alleged: ATl inmate claims he Is housed In
segregation In unconstitutional conditions In 1992. These
conditions Include Insufficient living space and noise
control, overcrowding, and inadequate health care.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: December 8, 1992; Due: 12-22-1992
Assigned to: Daniel A. Caldwell; Assistant U.S. Attorney,
AtJanta, GA; Wanda Hunt, Staff Counsel, USP, AtJanta

CEO Utigatlon Report

Page 2

January 5, 1992
9. RAUL MOJENA v. WILLIAM P. BARR, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-50240/RV
No.: 92-50229/'NEA
Institution: FCI. Marianna
Insthution: Fel, Marianna
Type of Case: Federal Tort Claims Ad
Type of Case: Personal Uabnlty Action (Bivens)
Subject MEDICAL TREATMENT
Subject WORK
Facts Alleged: Inmate at MNA In 1992 alleges that he has
Facts Alleged: Inmate at MNA alleges that his finger and
not received proper medical treatment.
arm were Injured on the Job In UNICOR as a result of
Improper equipment
Damages Req: unspecified; Special Monitoring: 0, Not
Damages Req: 250,000.00; Special Monltorlng:}B2, May ~e assigned to speclal.monitorlng
.... '
-;:(;;t.:.
.
flnanclaillabDlty, All cases InvoMng Injury which caused loss Rec'd In Legal: DeCember 22, 1992; Due: NA
of 11mb or body function.
Assigned to: Michael FInney: Assistant U.S. Attorney,
Rec'd In Legal: Oecember22, 1992; Due: 02$1993
Pensacola, FL; Sterling Dawson, Paralegal Specialist, FCI.
Marianna
.:.'
Assigned to: Michael FInney; Assistant U.S. Attorney,
.
Pensacola, FL; Stertlng Dawson, Paralegal Specialist, FCI,
Marianna
10. PETER C. SMITH v. DONALD L GRIFFIN, et al
Court: NORTHERN DISTRICT OF GEORGIA
7. GREGORIO CASTANO v. UNITED STATES
Docket No.: 1:92-CV-1835-0DE
IMMIGRATION AND NATURALIZATION SERVICE, et 81
Institution: USP, Atlanta
Court: NORTHERN DISTRICT OF ALABAMA
Type of Case: Habeas Corpus
Docket No.: CV 92-C-1315-E
Subject CORRESPONDENCE
Institution: FCI, Talladega
Facts Alleged: Inmate at ATL In 1992 alleges that he was
Type of Case: Habeas Corpus
forced to photocopy materials In violation of the copyright
laws and that certain legal documents were confiscated.
Subject: DETAINERS
Alleged: Inmate at TOG in 1992 alleges that a detainer Damages Req: 0; Special Monitoring:
been placed on him by the INS which prevents him from Rec'd In Legal: December 22. 1992; Due: 02-05-1993
ng transferred to a camp or receiving a furlough.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Damages Req: 0; Special Monitoring: 0, Not assigned to
Chief, CivD DMslon, Atlanta, GA; Wanda Hunt. Staff Counsel,
special monitoring
USP, Atlanta
Rec'd in Legal: December 22,1992; Due: 02-21-1993
Assigned to: Winfield J. Sin'clair; Assistant U.S. Attorney,
11. DAVID GREENBURG v. JOHN FANELLO
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega
Court: NORTHERN DISTRICT OF FLORIDA
_ _- - - - - - - - - - - - - - - - - Docket No.: 92"()()0
Institution: FPC, Pensacola
8. GERGORY SCOTT HERMANSKI v. BYRON SANDERS Type of Case: Personal liability Action (Bivens)
Court: NORTHERN DISTRICT OF /U.M3AMA
Subject: REUGION
Docket No.: CV 92-B-2458-S
Facts Alleged: Inmate at PEN in 1992 alleges that he has
Institution: FCI, Talladega
been discriminated against due to his religion. He has been
Type of Case: Personal Uabllity Action (Bivens)
dented furloughs and prohibited from working on certain
Subject. AD DETENTION
Jobs.
Facts Alleged: Inmate at LOM alleges that In 1990 whOe at
Damages Req: 5,000,000.00; Special Monitoring: 0, Not
TOG, he was subjected to cruel and unusual punishment
assigned to special monitoring
because his broken wrist was handcuffed and jerked while
Rec'd in Legal: December 22. 1992; Due: -1992
being taken to Administrative Detention.
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Damages Req: $200,000.00; Special Monitoring: 0, Not
Attorney, Pensacola FL; Sharon Ragland, Paralegal
assigned to special monitoring
Specialist, Southeast Regional Office
Rec'd in Legal: December 22. 1992; Due: 02-02-1993
r.r.l.r'fn.c~ to: Winfield J. Sinclair; Assistant U.S. Attorney,
1I..... I"',.lh~lrn AL; Gerelene Gooden, Paralegal Specialist,
Fel, Talladega
6. ALPHONSO DAVIS v. WAYNE SCRABACK, et al
NORTHERN DISTRICT OF FLORIDA

~!"

CEO Litigation Report
January 5, 1992

Page 3

a
12. WilLIAM F. MUSKAT v. UNITED STATES, et 81
NORTHERN DISTRICT OF GEORGIA

No.: 1:92·CV·2319
1I,,:rIlLruo,n: USP, Atlanta
Type of Case: Personal Uabni1y Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at ATl In 1992 alleges that his
medical treatment for his eye has been continuously denied
and delayed.
Damages Req: 450,000.00; Special Monitoring: 0, Not
assigned to special 'monnorlng
Rec'd in Legal: December 22,1992; Due: @02·16-1993
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, clvn Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
USP, Atlanta
13. lUIS ALDAMA SANCHEZ v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92·CV·1854·CAM
Institution: USP, Atlanta
Type of Case: Personal Uabili1y Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at ATl in 1992 alleges that he has not
received proper medical treatment for a skin problem
'~llIlInn in permanent scarring.
a ... al/"~ Req: 160,000.00; Special Moniroring: 0, Not
assigned to special monnorlng
Rec'd in Legal: December 30,1992; Due : 02-c2·1993
Assigned to: Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta, GA; Wanda Hunt, Staff Counsel, USP, Atlanta
14. GARY S. WilLIAMS v. J. MICHAEL QUINLAN, et 81
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92·CV·1387·RlV
Institution: USP, Atlanta
Type of Case: Personal Liabilny Action (Bivens)
Subjects: OVERCROWDING, CENTRAL MONITORING,
TRANSFERS
Facts Alleged: ATl Inmate in 1992 claims unconstitutional
overcrowding. He also challenges assignment of CIM
status denial of a transfer and placement in administrative
detention.
Damages Req: 75,001.00; Special Monitoring: 0, Not
assigned to special monnoring
Rec'd in Legal: December 30, 1992; Due: NONE, NO SUMMONS
ISSUED.

Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
, Atlanta

15. LARRY GRIGSBY v. J. D. LAMER, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No. : 9240286·WS
Institution: FCI, Tallahassee
Type of Case: Personal Uabnny Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at JES In 1992 alleges that he has nc(
received proper medical care despne staffs know1edge of
his condnion.
Damages Req: 12,700,000.00; Special Monitoring: 0, Not
assfgned to special monhoring
Rec'd In Legal: December 30, 1992; Due: 01-()4-1993
Assigned to: David W. Maya; Assistant U.S. Marney,
Tallahassee, Fl; Dan Rouse, Parruegal speclai(Si, FCI,
Tallahassee .
''''{~
16. ESTEBAN CUELI v. W. J. THOMPSON, et al
Court: MIDDLE DISTRICT OF M.ABAMA
Docket No.: 92·T·1552·N
Institution: FPC, Maxwell Air Force Base
Type of Case : Habeas Corpus
Subject: COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at MON alleges that he should be
eligible for a six month CCC placement instead of two
months.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monnorlng
Rec'd in Legal: December 30.1992; Due: 01.{)8.1993
Assigned to: Kenneth E. Vines; Assistant U.S. Attorney,
Chief, Civil Division, Montgomery, Al; Darrln C. Scott,
Attorney Advisor, SERO
17. CHARLES GRAY v. UNITED STATES
GOVERNMENT, et al
Court: MIDDLE DISTRICT OF Al.JoJ3M1A
Docket No. : 92·H·1392
Institution: Southeast Region
Type of Case: Personal Liabilny Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at Montgomery County, Al JaD
alleges that he has not received proper medical treatment
for lung condition.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monnoring
Rec'd in Legal: December 30, 1992; Due: 01· 16-1993
Assigned to : D. Sroward Segrest; Assistant U.S. Attorney,
First Assistant, Montgomery, Al; Earl L Cotton, Assistant
Regional Counsel, SERO

CEO"Litigation Report
January 5, 1992
18. GARY S. WILLIAMS v. J. MICHAEL aUINLAN. et 81

•

NORTHERN DISTRJCT OF GEORGIA

No.: 1:92-CV-1402-RLV
Institution: USP, Atlanta
Type of Case: Personal UabOJty Action (Bivens)
Subject AD DETENTION
Facts Alleged: Inmate at ATL In 1~2 alleges that he should
be transferred from SHU. Also complains of conditions In
the unit and denial of access to medical care.
Damages Req: 0: Special Monltor/ng: 0, Not assigned to
special monitorIng
.
Rec'd /n Legal: December 31,1992; Due: NONE, NO SUMMONS
.ISSUED.
~'\~~
:;,.,. ".:
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief. CwO Division, Atlanta. GA; Wanda Hunt, Staff Counsel,
USP, ~tlanta

Page 4

Significant Activity on
Existing Cases

RONALD ANDREWS v. U.S.P .C., et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 292-165: Type of Case: Personal UabDity Action
(Bivens); Damages Req: $187,500.00
Subject: MEDICAL TREATMENT Institution: Fel, Jesup
Facts Alleged: Inmate at ASH alleges Insufficient evidence in
a disciplinary pr6Cedures at at JES In 1989. DenIed
administrative appeal of action. Held too long In
admlnls~~tdetention befor!:,hearlng. Denied medical
care for hea-rta~ck whOe In segregation.
Spec/al MonItorIng: O. Not assigned to special monitoring
Date Case Filed: 2-25-1992

~~~~~~~~~~~~~~~~~~~- ~n~a~Ac~11-17~~20~~gffin~summary

19. PETE~ C. SMITH v. FRED STOCK
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1798-0DE.1:92-CV-1848-0DE
Institution: USP. Atlanta
Type of Case: Personal Uability Action (Bivens)
Subject ACCESS TO COURTS
Facts Alleged: ATL inmate claims he has been denied
calls and photocopying necessary to his litigation.
e alleges interference with his legal man and confiscation
of legal materials after a search and disclosure to US
Attorney of documents relating to criminal case. He was
compelled to make copies of copyrighted materials.
Damages Req: 15,750.000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: December 31. 1992; Due: 02..Q5.1993
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, CivD Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
USP, Atlanta

judgement, dismisses case. The uncontroverted evidentiary
materials submitted by the government show that the
Inmate's claims are without merit.
THOMAS CAMPBELL v. U.s. BUREAU OF PRISONS, et
81
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1225; Type of Case: Habeas Corpus;
Damages Req: 0
Subject COMMUNITY TREATMENT CENTERS
Institution: USP. Atlanta
Facts Alleged: ATL Inmate claims his allowable CTC time
was reduced In 1992. This decision was based only on the
seriousness of his crime. Oaims entitlement to longer
period.
Spec/al Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 05-26-1992
Significant Activity: 11-08-1992 Order adopts Magistrate's
report and dismisses case.

CEOUtigation Report
January 5, 1992
I:!.ENRY CARABALLo ::5A'N'15'6v'AN " RO'tre:-HciNSTED,

al
SOUTHERN DISTRICT OF GEORGIA
uoc:/{BrNo.: CV 292-20; Type of Case: Personal liability
Action (Bivens); Damages Req: $140,000
Subject. VISITING Institution: FCI, Jesup

Facts Afpge.Q.;;;lrll:!la!I!,~I!!l(:tCJy]~...:M;IjJp.u:~~\ng pr:~lIeges.
i'
was
employee al,MNA InJ 989_

resolution-of admlnlstratlve:'Ter:nedles.
PHILUP COHEN v. R_ E_ HONSTED, et 81
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 292-190; Type of Ca se: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Jesup
Facts Alleged: JES Inmate claims he should be given jail
for the time spent in state custody during 1990-1991.
~pe':/aI Monitoring : 0, Not assigned to special mon~oring
Case Filed: 07-15-1992
Significant Acrivity: 11-18-1992 Order adopts magistrate's
report, dismisses case.
MOSHE ELKAYAM, et al v. D.J . SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 88-pt-1326-e; Type of Case: Personal Liabil~y
(Bivens) and Tort Action; Damages Req: 22.45
Subject: TORTS Institution: FCI, Talladega
Facts Alleged: Property lost in trans~ from LAT to TOG In
1988.
Special Monitoring: 0, Not assigned to special mon~oring
Date Case Filed: 09-29-1988
Signfficant Acrivity: 11-04-1992 The Eleventh Circu~
dismissed the appeal for want of prosecu1ion.

Page 5

ARNOLD NORMAN FANT v_ D_J . SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA

Docket No.: CV-90-A-1418-E; Type of Case : Habeas
Corpus; Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FCI,
Talladega
Facts Alleged: Alleges officials at TOG conspired to deny
medical care for Infected testicle by characterizing condition
as psychiatric Instead of medical In 1990. 09-21-1990
dismissed by court sua sponte. Notice of appeal to
Eleventh Circuit
Special Monitoring : 0, Not assigned to special ni6nh'arlng
Date Case Filed: 09-21-1990
•
Significant Activity: 09-24-1992 Order denies pethlon. It Is
unlikely that a claim of denial of medical care could ever
consttiu1e grounds for habeas corpus relief. This type of
claim should more appropriately be raised In an action for
injunctive relief.
FREDERICK J. HEGNEY v. JOSEPH PETROVSKY, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91 -CV-1 890-GET; Type of Case: Personal
Liabil~ y Action (Bivens); Damages Req: $210.40
Subject: PROPERTY Institution: USP, Atlanta
Facts Alleged: Property lost during transfer from ATL to MIA
In 1989.
Special Monitoring: 0, Not assigned to special mon~oring
Date Case Filed: 06-03-1991
Significant Activity: 11-13-1992 Order dismisses case
because the Un~ed States Is the only proper defendant in a
Federal Tort Claims Action (FTCA) and was not named.
Add~ ionally, even if the complaint was amended to include
the U.S., the action must fail because the claim Is barred by
28 U.S.C. 2680(c) which exempts the U.S. from liability from
FTCA for claims "arising in respect of ... the detention of any
goods ... by any ... law enforcement officer". The inmate's
claim in this case arises from the detention of his goods by
either the Bureau of Prisons or the Marshals Service. The
employees of both of these agencies qualify as law
enforcement officers. The Bivens portion of the case must
fail because negligent deprivation of property is not
actionable under the Due Process Clause.

•

Page 6

CEO Litigation Report
January 5, 1992
DAVID LAMAR JOHNSON v. ROBERT E. HONSTED, et al
NORTHERN DISTRICT OF FLORIDA
No.: TCA 88-40039-WS; Type of Case: Habeas
,,,,,mus: Damages Req: 0
S,"bJect: SENTENCING Institution: FCI, Tallahassee
f~ts Nleged: Seeks frfteen months Jail Time Cred~.
Special Monitoring: 0, Not assigned to special mon~orlng
Date Case Filed: 02-25-1988
Significant Activity: 05-11-1989 Dismissed as moot after the
Inmate was paroled.
JUAN LAMELAS v. JOHN CLARK, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 89-1651-CIV-NESBITI; Type of Case: Habeas
Corpus; Damages Req: 0

KURT S. STONER v. MICHAEL QUINLAN, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No. : 91-30245/WEA; Type of Case: InJunction;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution : FPC, Eglin
Air Force Base
Facts Nleged: Inmate at EGL In 1991 has preexisting back
and leg Injuries as a result of car accident. Seeks to block
BOP plans to move him to SPG or RCH because he claims
cold weather aggravates his condhlon. Also seeks
Injunction prohibhlng work assignment.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 07-12-1991
Significant ActivIty: 11-19-1992 Order adopts 10-13-1992
magistrate's report, dismisses case for fanure to prosecute.

Subject: INMATE DISCIPLINE Institution: MCC, Miami
Facts Nleged: Insufficient evidence to support finding of

FELIPE TOLEDO-PEREZ v. UNITED STATES OF
AMERICA

participation in food strike at ATl In 1988
Special Monitoring: O. Not assigned to special monitoring

Court: NORTHERN DISTRICT OF GEORGIA
0 oc k et N0 . : 1: 89 - CV-471-JTC ; Type 0 f Case : Fed era IT 0 rt

Date Case Filed: 08-18-1989
Significant Activity: 02-07-1990 Magistrate's report
recommends dismissal because there was sufficient
evidence to support the disciplinary finding that the inmate
participated In a food strike at USP, Atlanta in June, 1988.
: -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Claims Act; Damages Req: $ 1.000.000
Subject: ASSAULTS Institution: USP, Atlanta

1AtIUL.U H. PASLAY v. U.S. DEPARTMENT OF
JUSTICE, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1874-0DE; Type of Case: Mandamus;
Damages Req: 0
Subject: LAW LIBRARIES Institution: USP, Atlanta
Facts Nleged: At ATl since 1989 in Administrative
Detention, no access to law library materials. Cannot ask
for copies of cases because no access to digests to identify
cases. Also, violations of vls~lng policy, mingled with other
inmates w~h medical problems and refused BP9 forms.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-07-1990
SIgnificant Activity: 11-24-1992 Order dismisses case.
Claims for Injunctive relief are moot because the inmate Is
no longer housed at USP, Atlanta. The DOJ and BOP
cannot be sued for damages ina Bivens action. The inmate
failed to plead his cause of action against the only remaining
defendant, Warden Matthews, with sufficient specificity.

Facts Nleged: Kicked by staff and denied medical care at
ATlon 04-17-1985
Special Monitoring : 0
Date Case Filed: 03-10-89
Significant Activity: 11-30-1992 Dismissed after non-jury trial
before Judge Camp. Since the filing of the complaint, the
Inmate had been repatriated to Cuba. Counsel appointed
for him was not able to contact him after repatriation. The
court found that the inmate's testimony presented by
depos~ion failed to show that the correctional officers had
beat him or caused him any Injury.

 

 

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