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SER Monthly Reports Oct-Nov 1998, US FBOP, 1998

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mtJ:DD STADS

~

memorandum
Dabe:

October 30, 1998

Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Honth1y Report - October 1998

Reply to

To:

Wa11ace B. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534
J:. ADHIHJ:STRATIVE LEGAL ACTJ:VITIES - SmamRY REPORT
A. Administrative Tort Cl.aims - 1998
JAN
Pending on 1st

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

113

69

69

89

104

101

88

104

107

112

Ree's in month

39

55

88

38

63

36

74

38

49

50

Reeons. ree'd

0

3

4

2

1

0

3

0

0

01

Ans'd in month

22

49

69

52

46

58

54

29

55

58

Pending at end

117

118

107

103

111

101

88

81

100

104

Over 180 days

6

3

1

3

2

3

0

*1

*2

*3

DEC

*ONE (1) of the three referred to OIA
B. Tort C1aim Investigation Status:
ATL

COL

E
D
G

E
G
L

E

G

J

S

U

E

M
I

T

A

S

A

As of October 30, 1998

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

36

14

1

0

0

7

6

2

10

11

1

1

7

3

5

>60
DAYS

*9

1

0

0

0

0

0

0

0

4

0

0

1

0

0

*2 of the 9 referred to OIA

4605

SER Monthly Report - October, 1998
Page 2

(

c.

FOI/Privacy Act Requests - 1998
JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

SEP

OCT

NOV

12

18

19

21

15

31

27

14

14

12

Pending on 1 st
Rec'd in month

21

9

18

19

15

24

24

29

35

41

Ans'd in month

10

18

22

26

41

14

33

44

43

44

Pending at end

24

21

19

25

15

7

27

14

14

12

4

4

3

6

2

2

9

2

0

0

Over 30 days

D. FOIA Requests for records:
ATL
PENDING

COL

EGL

1

1

EST

GUA

JES

1

1

DEC

As of October 30, 1998
MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

3

3

1

1

>30 DAYS

(

LITlGA~IOB

II .

ACTIVITY - 1998

SOtr.l.'llBAS~

REGION

A. StJMNARY REPORT

Cases Open

JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

522

515

525

535

537

542

539

531

SEP

OCT

661

594

**
New Cases

16

2

18

15

15

10

11

24

14

6

Habeas Corpus

10

1

9

6

8

8

6

12

8

0

FTCA

0

0

2

2

2

0

1

1

Bivens

5

1

6

5

5

2

4

8

5

3

Other

1

0

1

2

0

0

0

2

1

1

Bivens/FTCA

0

0

0

0

0

0

0

1

Lit Reports

11

1

2

5

5

0

Cases Closed

77

9

8

5

13

0

2
0

5

14

32

109

73

*

\.,

** ACTUAL COUNT OF OPEN CASES

*

CLOSED AFTER REVIEW WITH INST. LEGAL STAFF'S CASE LOGS

4606

NOV

DEC

(

SER Monthly Report - October , 1998
Page 3
B. SETTLEMENTS AND AWARDS:

Renee Clark v, United States of America, 1:97cv404 - D-D (5.0>
Miss.) This is the case where the female inmate was released 34
days late at TAL.
She subsequently violated supervised release
and was returned to custody. The 34
sed
e violator term.

C.

(

SIGNIFICANT CASES, TRIALS or BEARINGS:

1. Freson v . U.S. et al ., 97 -1 373 - CIV-GRAHAM (FFLS)
In this Bivens!FTCA case, a courier who was making a delivery to
FCI Miami alleges that he became involved in a verbal altercation
with a Lieutenant who assaulted him by hitting him with his fist,
causing him to strike a flagpole with his face , break his glasses
and sustain injury. The U. S . Attorney has taken
1
interest and is
this case himself.

2. Blackwell v. Graham, 97-482-CIV-UNGARO-BENAGES (FFLS)
In this Bivens case, an inmate alleges that he was assaulted by a
case manager who struck him with a fist.
The case manager did
receive disciplinary action for Unprofessional Conduct, and
documentation created at the time suggests this was because he
had been found to have assaulted the inmate. However, the Warden
who made the decision has submitted a declaration stating that it
really for Unprofessional Conduct based on 1
ical assault.
considered credible on this point because he
s s
conflicting statements at various times. Motion practice has not
resulted in dismissal . The judge adopted an adverse report and
recommendation on somewhat different grounds than the magistrate
recommended, and found that a jury could find the plaintiff was
attacked without provocation and that his injury was not de
minimis . The case has been reported as ready for trial to the
judge by the magistrate, but a trial date has not been set.

4607

(

SER Monthly Report - October, 1998
Page 4
2. Porto v. U.S.,
The inmate alleges medical malpractice as to treatment for his
diabetes and an infection of his toe while at FCI Jesup, which
led to amputation of his toe and ultimately his lower leg. There
have been a number of depositions taken and a mediation meeting
with opposing counsel. We still have a motion pending for
dismissal on the basis of failure to file within the statutory
limitations period. The case is set for trial on November 5,
1998. If this case goes to trial, it will be a battle of the
experts.
4. Viera v. U.S.,2-97-0499-12 (FSC)
The inmate alleges medical malpractice in that the BOP did not
properly treat an injury he sustained to his achilles tendon.
The tendon was sutured by an orthopedic surgeon and the sutures
became infected. He was treated with antibiotics, but because of
the infection he was transferred to an outside hospital and a
cast was applied to his leg. His leg eventually healed with some
scarring and he regained a full range of motion. He reinjured
his Ie while
basketball at another institution. l1li
b5 The

(
A motion based on failure to file an appropriate
accordance with the statutory time frames will be filed
in the near future. The case is set on the trial calendar for
November 2, 1998.
D. ULJ:GJ:OUS CASBS:
E. ENSIGN AMENDMENT CASES:

F. PLRA 1915 DISMJ:SSALS:

NONE

G. CRDaNAL CASES:

New Cases:
1.

III. TRAVEL AND LEAVE SCHEDULE FOR November 1998:
b6

Travel - OCTOBER 1, 1998, FT. LAUDERDALE ON PORTO
Annual Leave -

4608

v. US

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SER Monthly Report - October, 1998
Page 5
b6

Travel None Scheduled
Annual Leave - November 12 & 13, 25 & 27
b6

Travel - None Scheduled
Annual Leave - October 8-9, (military leave)
b6 - Honors Attorney
Travel - None Scheduled
Annual Leave -

(.

,~ . .

(

4609

(

SER Monthly Report - October, 1998
Page 6
b6

Travel Annual Leave b6

Travel Annual Leave b6

Travel Annual Leave IV.

c.

Other Matters

A Regional Inquiry Team was dispatched to FCI Yazoo City to
review the situation of an inmate who went on a hunger strike and
was taken to an outside hospital shprtly before his release date,
where he remains in a comatose state. Van Vandivier was assigned
as attorney-advisor to the team. Preliminary information is that
the inmate was intent on causing himself to be in a poor state of
health when he was released so the State of Mississippi would be
unwilling to assume responsibility for his medical care and so
would not prosecute him on pending charges. A final report from
the inquiry team should be available in the near future.

cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

4610

~

UNITED STATES

(

memorandum
Date:
Reply to
Attn of:
Subject.:

To:

December 4, 1998
Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331
Monthly Report - November 1998
Wallace B. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534
I. ADMDlISTRATIVE LEGAL ACTIVXTIES - smom.RY REPORT

A. Administrative Tort Claims - 1998
JAN
FEB MAR APR MAY
JON
Pending on 1st
/

\..

JUL

AUG

SEP

OCT

NOV

DEC
128

113

69

69

89

104

101

88

104

107

112

Ree's in month

39

55

88

38

63

36

74

38

49

50

59

Reeons. ree'd

0

3

4

2

1

0

3

0

0

01

01

Ans'd in month

22

49

69

52

46

58

54

29

55

58

55

Pending at end

117

118

107

103

111

101

88

81

100

104

118

Over 180 days

6

3

1

3

2

3

0

*1

*2

*3

0

*Two (2) of the five referred to OIA
B. Tort Claim J:nvestigation status:
ATL

COL

E
D
G

E

E

G

J

M

G
L

S

U

E

T

A

S

'1
A

As of November 30, 1998

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

48

18

3

1

2

4

5

5

5

3

1

1

19

1

3

>60
DAYS

20

2

0

0

0

0

0

0

0

2

0

0

7

0

0

ATL - 2 of >60 Days referred to OIA

4593

SER Monthly Report - November, 1998
Page 2
C. FOZ/Privacy Act Requests - 1998
JAN
Pending on 1 st

FEB

MAR

APR

MAY

JON

JOL

AUG

SEP

OCT

NOV

DEC

12

18

19

21

15

31

27

14

14

12

11

Rec'd in month

21

9

18

19

15

24

24

29

35

41

24

Ans'd in month

10

18

22

26

41

14

33

44

43

44

28

Pending at end

24

21

19

25

15

7

27

14

14

12

11

4

4

3

6

2

2

9

2

0

0

0

Over 30 days

(' ....
"

\.

4594

SER Monthly Report - November, 1998
Page 3
D. !'OZA Requests for records:
ATL

COL

PENDING

EGL

EST

1

GUA

JES

1

As of November 30, 1998
MIA

MIM

MNA

MON

1

3

2

2

PEN

TAL

TOG

YAZ

1

>30 DAYS

E.

ADMIN:IS'l'RATZVE RBMBD:IES

JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

SEP

OCT

NOV

195

169

201

217

167

115

176

229

239

159

152

(

(

4595

DEC

(

SER Monthly Report - November , 1998
Page 4
II.
A.

LITIGATION ACTIVITY -

1998 SOUTHEAST REGION

SUMMARY REPORT

Cases Open

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

522

515

525

535

537

542

539

531

661

594

600

606

**

(

New Cases

16

2

18

15

15

10

11

24

14

6

14

Habeas Corpus

10

1

9

6

8

8

6

12

8

4

FTCA

a

a

2

2

2

a

1

1

a
a

1

Bivens

5

1

6

5

5

2

4

8

5

3

6

Other

1

1

2

3

a

a
a

1

a

2

a

Lit Reports

11

1

2

5

5

a
a
a

1

a

a
a

2

Bivens / FTCA

a
a

a

11

Cases Closed

77

9

8

5

13

73

8

5

14

1

32

109

*

**

*

ACTUAL COUNT OF OPEN CASES
CLOSED AFTER REVIEW WITH INST. LEGAL STAFF ' S CASE LOGS

B. SETTLEMENTS AND AWARDS:

C . SIGNIFICANT CASES. TRIALS or HEARINGS:

1 . Freson v . U. S . et al ., 97 - 1373 - CI V- GRAHAM (FFLS)
In this Bivens/FTCA case , a courier who was making a delivery to
FCI Miami alleges that he became involved in a verbal altercation
with a Lieutenant who assaulted him by hitting him with his fist,
caus ing him to strike a fla
e with his face break his
sses
and sustain .
~u~~'Lado to assist at trial.
The
on November 3 , 1998 . We are awaiting the decision.

2 . Viera v . U. S ., 2-97-0499 -1 2 (FSC)
The inmate alleges medical malpractice in that the BOP did not
properly treat an injury he sustained to his achilles tendon .
The tendon was sutured by an orthopedic surgeon and the sutures
became infected . He was treated with antibiotics, but because of

4596

(

SER Monthly Report - November , 1998
Page 5
the infection he was transferred to an outside hospital and a
cast was applie d to h i s leg . His leg eventually healed with some
scarring and he regained a full range of motion . He reinjur ed
his
wh i le
bas
.

l1li

after

case was set on t
, 1998 , but the court wi ll reset
deci des the governments motion to dismiss .

D. RELIGIOUS CASES:
E . ENSIGN AMENDMENT CASES :

F. PLRA 1915 DISMISSALS :

NONE

G. CRIMINAL CASES :

(

New Cases:
1.
u.s . v . Rafael Al garin de Jesus , Crim.No. 98 - 195(HL)
(D.P.R . ) This is the case of a correctional officer who is
charged with having sex with an inmate at MDC Guaynabo .
Alma Lopez is monitoring the progress of the case and will
ass i st the USAO as needed .
2.

U.S . v . Jose Cruz - Mangual, Crim.No . 98 - 194 (CC) (D.P.R . )
This is the case of a correctional officer who is charged
with having sex with an inmate at MDC Guaynabo. Alma Lopez
is monitor i ng the progress of the case and will assist the
USAO as needed .

III . TRAVEL AND LEAVE SCHEDULE FOR November 1998 :
b6
b6
- None
b6
- None

4597

co

SER Monthly Report - November, 1998
Page 6
b6

Travel - To rCT in Glynco 12/1/98 - 12/18/98
b6

Travel - None
b6

Travel - None
b6

Travel - None
b6

Travel - None
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

(

...

4598

 

 

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