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(

ONZmD STATES GOVBRNMBNT

memorandum
Date:

February 5, 1999

Attn of:

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

SUbject:

Monthly Report - Janua%Y

Rep1y to

To:

1999

Carolyn A. Sabol, Deputy General Counsel

Federal Bureau of Prisons
Washington, D.C. 20534
I. ADIaNISTRAT:rvB LEGAL ACTIVITIES - StlMNARY :REPORT

A. Administrative Tort Claims - 1999

(

JAN

FEB

Pending on 1 !It

84

117

Ree's in month

43

Recons. ree'd

1

Ans'd in month

50

Pending at end

115

Over 180 days

7*

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

*Two (2) of the seven referred to OIA - pending response.
As of Janua~ 31, 1999

B. Tort Claim :Investigation status:
ATL

COL

E
D

HIM

MNA

MON

PEN

TAL

TOG

YAZ

S

M
I
A

E

G

J

S

U

E

G

E
G
L

T

A

PENDING

54

16

2

0

2

3

3

2

7

2

1

1

19

0

5

>60
DAYS

23

9

0

0

0

0

2

0

0

2

0

0

10

0

0

4585

DEC

(

SER' Monthly Report - January, 1999
Page 2
C. FOX/Privacy Act: Request:s - 1999

JAN

FEB

Pending on 1 st

12

17

Rec'd in month

26

Ans'd in month

18

Pending at end

17

Over 30 days

APR

MAR

JUN

JUL

AUG

SEP

OCT

NOV

DEC

0

D. FOIA Request:s for records:

PENDING

MAY

As

of January 31, 1999

ATL

COL

EGL

EST

GUA

JES

MIA

HIM

MNA

MON

PEN

TAL

TOG

YAZ

2

1

1

2

2

2

1

0

2

1

0

3

0

0

>30 DAYS

(

I:: I FEB IMAR IAPR IMAY I JON I JUL IAUG I SEP IOCT I NOV I DEC I
II •

LITI~XON

I

ACTIVJ:TY - 1999 SOUTIIBAST REGZON

A. SmemaY REPORT

Cases Open
New Cases

JAN

FEB

373

380

APR

MAY

JON

10

Habeas Corpus

4

FTCA

0

Bivens

5

Other

0

Bivens/FTCA

1

Lit Reports

10

Cases Closed

MAR

3

4586

JUL

AUG

SEP

OCT

NOV

DEC

(

SER Monthly Report - January, 1999
Page 3
B. SETTLEMENTS AND AWARDS :

(

C. SIGNIF ICANT CASES, TRIALS or HEARINGS :
Joe Mohwish and Joe white v. Walyid Mahammed , et al., 5 :98 -cv-91BrS (S.D.
Miss.)
In this Bivens case, the plaintiffs allege retaliation for exercising
their First Amendment rights and violation of their First Amendment rights .
One of the plaintiffs also raises an Eighth Amendment claim for excessive use
of force.
Plaintiff Mohwish had filed administrative remedies and received an
incident report for Refusing to Obey an Order in connection with not cleaning
his area.
He alleges this was retaliation.
Plaintiff Mohwish wrote an
affidavit to the Warden complaining · that the incident report was false, a
criminal violation and an act of stupidity by the staff member.
He attached
an affidavit fr om Plaintiff White supporting his version of events in
connection with the incident report.
The incident report was sustained by one
of the defendants, and a sanction of 15 days c ommissary and visiting
restriction was imposed . The same defendant wrote an incident report on each
of the plaintiffs in connection with the above submissions.
He wrote the
incident report on Plaintiff Mohwish for Lying to Staff and Insolence based on
the derogatory comments in the affidavit . He wrote the incident report on
Plaintiff White because the information in his affidavit showed that he was in
an unauthorized area when he observed the events in connection with the first
incident report. One of the defendants upheld the charges against Plaintiff
Mohwish and imposed sanction of 30 days loss of telephone privileges.
The
incident report against Plaintiff White was expunged .
One of the defendants
wrote an incident on Plaintiff White for putting telephone numbers of
Plaintiff Mohwish ' s acquaintances on his telephone list when he did not know
them. This incident report was expunged . Plaintff Mohwish was found sitting
down on the job, and after a brief di s cussion at the Lieutenant's Office , was
handcuffed an placed in administrative detention.
He alleges that his arm
twisted too hard during handcuffing . The plaintiffs (primarily Plaintiff
Mohwish)have filed numerous motions with the court and sought extensive
discovery.
The court has denied most of the motions.
However , the court has
granted the plaintiffs '
hearing
ts

D . RELIGIOUS CASES :
E. ENSIGN AMENDMENT CASES:
F . PLRA 1915 DI SMISSALS :
G. CRIMINAL CASES:

New Cases:

4587

(

SER Month l y Report - January, 1999
Page 4
I I I . TRAVEL SCHEDULE FOR February 1999 :
_ _ b6
Travel -

02/06/99 - Columbus , South Ca r olina
02/09 - 02/11 /9 9 - Jackson , Mississippi
02/17/99 - Pensacola, Florida
b6
02 /09 - 02 / 11 /99 - Jackson , Mississippi

_
Trave l

b6
-

Tra ve l

-

Tr ave l

-

Trave l

-

b6

b6

b6
/ 19 / 99 - Columbia, South Carolina
b6
- Denver, Colorado

IV.

Misc.:

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

(

4588

( ..

UNITED STATES GOVBRNMBNT

memorandum
Date:

March 5, 1999

Attn of:

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

Subject:

Monthly Report - February

Reply to

To:

1999

Christopher Erlewine, Assistant Director/Genera1 Counsel

Federal Bureau of Prisons
Washington, D.C. 20534
I. ADMINISDATIVE LEGAL ACTIVITIES - SmemRY REPORT

A. Administrative Tort Claims - 1999

(

JAN

FEB

MAR

Pending on 1 st

84

117

126

Ree's in month

43

41

Reeons. ree/d

1

2

Ans/d in month

50

39

Pending at end

115

124

Over 180 days

7*

9*

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

*Two (2) of the nine referred to OIA - pending response.
B. Tort Claim Investigation status:
ATL

COL

E
D

E

E

G

J

G

U

E

G

L

S
T

A

As of February 28, 1999

MIM

MNA

MON

PEN

TAL

TOG

YAZ

S

M
I
A

PENDING

66

11

3

a

3

1

4

5

8

2

2

0

17

2

2

>60
DAYS

32

5

0

0

0

0

1

0

0

0

0

0

9

0

0

(
>"".

4581

DEC

SER Monthly Report - February, 1999
Page 2

(

C. FOI/Privacy

Ac~

Requests - 1999

JAN

FEB

MAR

Pending on 1 st

12

17

14

Rec'd in month

26

26

Ans'd in month

18

27

Pending at end

17

14

0

0

Over 30 days

APR

D. FOIA Requests for records:

PENDING

JOL

JON

MAY

AUG

OCT

SEP

NOV

DEC

As of February 28, 1999

ATL

COL

EGL

EST

GUA

JES

MIA

HIM

MNA

MON

PEN

TAL

TOG

3

1

4

0

2

0

0

0

1

1

0

0

0

YAZ

EOG

1

1

>30 DAYS

B.

(,

ADMINJ:SDATIVB RBMBDIES

JAN

FEB

153

152

II.

MAR

APR

MAY

JON

JOL

AUG

SEP

OCT

NOV

DEC

LITIGATION AC'J!IVITY - 1999 SOOTBBlt.ST REGION

A. stnOmllY REPORT

Cases Open
New Cases

JAN

FEB

MAR

373

380

365

10

9

Habeas Corpus

4

7

FTCA

0

0

Bivens

5

2

Other

0

0

Bivens/FTCA

1

0

Lit Reports

10

3

3

6

Cases Closed

APR

MAY

JON

4582

JUL

AUG

SEP

OCT

NOV

DEC

(

SER Mont h ly Report - February , 1999
Page 3
B.

SETTLEMENTS AND AWARDS:

Michael Deen , et al ., v . United States of America. , et al .. , Case No.: 1:97CV-0967 (N.D . Ga.)
David Deen , Reg . No . 43892-019, then 34 years old, was servi n g a six (6) month
sentence at the USP Atlanta camp for Manufacture and Attempt to Manufacture
Methamphetamine. He was projected for release on September 2 , 1 994.
On July
16 , 1994 , he died from heart failure . Review of the case showed it was
indefens i ble.
Two medications prescribed by different doctors , n e ither of
which knew about the other ' s prescription, were incompatible without
continuous monitoring. This was not done . Even the Government ' s medical
expe rt agreed the medical care fel l below the accepted sta nda r d .
Othe r
factors i mpacted the case.
There were delays in obta i ning medica l
on the night of the
'5 death .
The r e we r e
r e conf l ict s ~mnnn

U. S. Atto r ney
offe r ing up to $700 , 000 to set t l e . Subs equent l y , we were a d v i sed b y
t h a t t he plaint i f f s had accepted $700 , 000 to sett l e the case.

C.

SIGNIFICANT CASES, TRIALS or HEARINGS:

Kil p atrick v. Houston , (EGL) 2/23/99 order to release petitioner f r o m custody
un l ess wi t h in 30 days unless the Bureau g r ants reduct i on u nder 362 1 (e).
Kennard v . Houston, (EGL), Sentence reduction.
McKie v . Houston, (EGL) 362 l (e) 2 Le vel Enhancement.
Pate v. Hous ton, (EGL) 2/23/99 refe r red to BOP f or r econs ide r ation.
Watson v . Hou ston , (EGL) 362l(e) 2 Leve l Enhancement .
McDonald v . Hou ston , (EGL) 362 l (e) 2 Level Enhancement.

D. RELIGIOUS CASES :
E. ENSIGN AMENDMENT CASES :
F . PLRA 1915 DISMISSALS :

None

G . CRIMINAL CASES :

(

New Cases:

4583

(

SER Monthly Report - February, 1999
Page 4

III. TRAVEL SCHEDULE FOR March 1999:
Jekyll Island - Pretrial Issues Conference - 3/1 - 3/5/99.

Travel -

- 3/1 - 3/12/99 - Trainee Training.
IV.

Misc.:

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

(

UNITED STATES GOVERNMENT

memorandum
April 5, 1999

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - March 1999
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1999

I

FEB

JAN

APR

MAR

MAY

JUN

JUL

AU

SEP

OCT

NOV

G

Pending on I"

84

117

126

Rec's in month

43

41

55

Recons.rec'd

1

2

0

Ans'd in month

50

39

61

Pending at end

115

124

124

Over 180 days

7·

9·

IS·

127

·Two (2) of the nine referred to OIA - pending response.
B. Tort Claim Investigation Status: As of February 28,1999
AlL

CO
L

L

E
S
T

E
D
0

G

E

0
U

J

M

A

E
S

I
A

MIM

MNA

MON

PEN

TAL

TOO

YAZ

PENDINO

61

7

3

2

I

1

6

3

11

4

1

1

16

I

9

>60

35

2

0

0

0

0

1

0

2

0

0

0

8

0

0

DAYS

4576

DEC

(

SER Monthly Report - March, 1999
Page 2

c. FOIIPrivaey Ad Requests - 1999
JAN

FEB

MAR

APR

12

17

14

7

Rec'd in month

26

26

20

Ans'd in month

18

27

26

Pending at end

17

14

7

0

0

0

Pending on

l!1t

Over 30 days

MAY

JUN

(
"

4577

JUL

AUG

SEP

OCT

NOV

DEC

(

SER Monthly Report - March, 1999
Page 3
D. FOIA Requests for records: As of February 28, 1999

PENDING

AT
L

CO
L

EO
L

ES

GU

T

A

3

2

1

0

JES

0

1

MI
A

Ml
M

MN

MO

PE

A

N

N

0

0

0

0

0

TA
L

1D
G

YAZ

0

1

0

>30 DAYS

E. ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

153

152

209

APR

MAY

JUN

JUL

(

4578

AUG

SEP

OCT

NOV

DEC

EDG

0

SER Monthly Report - March, 1999
Page 4

(

D. LmGATION ACTIVITY - 1999 SOUTHEAST REGION
A. SUMMARY REPORT

JAN

FEB

MAR

APR

373

380

365

368

10

9

7

Habeas Corpus

4

7

4

FTCA

0

0

0

Bivens

5

2

2

Other

0

0

1

Bivens/FTCA

1

0

0

Lit Reports

10

3

5

3

6

4

Cases Open
New Cases

Cases Closed

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

(
B. SETTLEMENTS AND AWARDS:

C. SIGNIFICANT CASES. TRIALS or HEARINGS:

Kaminski v. Guida, 95-0898-CIV-MOORE (FFLS) - April 21 - Trial Date/Calendar Call (trial will
be ~thin next two week period.)

D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

4579

(

SER Monthly Report - March, 1999

PageS

United States v. Algarin, FPR, 98-195 (HL) : On 3-9-99 the trial of this former male officer for
engaging in sexual conduct with a female inmate began. On 3-1 ~returned a verdict of
guilty. Sentencing is scheduled for June 30, 1999. Inmate _
b7C has filed an
administrative claim concerning this matter.
New Cases:
III. TRAVEL SCHEDULE FOR March 1999:

b6
Travel-

RC/AGC Meeting April 26 - 30 - Washington, D.C.

b6Travel ...

(

_b6
Travel-

Travel-

b6
Travel-

TravelIV. Misc.:

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

4580

UMITEDSTATESGOVERNMENT

memorandum
May 5,1999

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - April 1999
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Tort Claims - 1999
JAN

FEB

APR

MAR

MAY

JUN

JUL

AU

SEP

OCT

NOV

G
Pending on lit

84

117

126

127

Rec's in month

43

41

55

46

Recons.rec'd

I

2

0

1

Ans'd in month

SO

39

61

53

Pending at end

115

124

124

123

Over 180 days

7*

9*

15*

16*

121

121

*Two (2) of the nine referred to OIA - pending response.
B. Tort Claim IDvestigatioD Status: As of April 30, 1999
ATL

COL

G
U
A

M MIM

G

E
S
T

J

G
L

E
S

I
A

E
D

E

MNA

MON

PEN

TAL

100

YAZ

PENDING

56

9

5

1

2

1

7

2

14

4

0

1

14

2

3

>60

25

2

0

0

0

0

1

0

0

0

0

0

2

0

0

DAYS

4570

DEC

SER Monthly Report - April, 1999
Page 2

c. FOVPrivacy Act Requests - 1999
JAN

FEB

MAR

APR

MAY'

:!nding on 1st

12

17

14

7

13

:!c'd in month

26

26

20

28

ls'd in month

18

27

26

22

:mding at end

17

14

7

13

0

0

0

0

rer 30 days

JUN

4571

JUL

AUG

SEP

OCT

NOV

DEC

(

SER Monthly Report - April, 1999
Page 3

D. FOIA Requests for records: As of April 30, 1999

PENDING

AlL

COL

EGL

EST

GUA

JES

MIA

2

2

2

0

0

1

0

MIM

MNA

MON

PEN

TAL

TOO

YAZ

BOO

1

0

0

0

2

0

2

OCT

NOV

1

>30 DAYS

.

E ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

153

152

209

APR

MAY

JUN

RJL

(

4572

AUG

SEP

DEC

SER Monthly Report .. April, 1999
Page 4

(

D. LmGATION ACTIVITY .. 1999 SOUTHEAST REGION
A. SUMMARY REPORT

JAN

FEB

MAR

APR

MAY

373

380

365

368

383

10

9

7

20

Habeas Corpus

4

7

4

14

FTCA

0

0

0

0

Bivens

5

2

2

5

Other

0

0

1

1

Bivens/FTCA

1

0

0

0

Lit Reports

10

3

5

24

3

6

4

5

Cases Open
New Cases

(

Cases Closed

JON

JUL

AUG

SEP

OCT

NOV

DEC

-

I
B. SETTLEMENTS AND A WARDS:

c. SIGNIFICANT CASES. TRIALS or HEARINGS:
1. Magluta v. Haro. et al99..0900..CIV..MORENO (FFLS)(new case)
Salvator Magluta alleges various violations in connection with his placement into administrative
detention. Basically, he alleges he has been placed in administrative detention without sufficient
reason, without due process and that the conditions are bad. He alleges various inconveniences
during attorney visits interfere with his counsel providing him effective assistance. He alleges denial
ofa religious-visitor. His attorney has pled this in the form of a hybrid Habeas Corpus Petition with
a Bivens c1aim. He seeks injunctive relief; attorney fees and unspecified damages. Magluta (and his
codefendants Falcon and Lorenzo) filed several cases in the early and middle 1990s on similar, while
they were :facing prosecution on serious drug charges. Magluta has vast resources to litigate and the
cases he files should never be taken lightly, so this case is reported as significant.
2. Magluta v. Samples. et al., 1:94-cv..2700..0DE (FGAN)(old case)
After the Court ofAppeals overturned the dismissal ofthis case (See Monthly Report for December
1998), the district court ordered the parties to supplement the record on the remaining legal issues

4573

(

SER Monthly Report - April, 1999
Page 5

raised by the defendants. The defendants supplemented the previously filed motion to dismiss and
this awaits a decision. Note that this case has been pending for several years and is now active again.
As noted above, Magluta has vast resources to litigate and the cases he files should never be taken
lightly, so this case is reported as significant.
3. Kaminski v. Guida, 95-0898-CIV -MOORE (FFLS) - This case, which was reported as set for trial
in last month' s report, has been dismissed.
4. Joaquim Neves v. Willie Scott, et aI., 1:98-cv98-cv-3658-WBH (N .~
The Plaintiff alleges he was sexually assaulted by a correctional officer _ _ b7C, b6 on
three occasions (12/25/97, 12/28/97 and 1/4/98). He contacted and was interviewed by the SIS. He
alleges the SIS told him there was previous information the officer had attempted to sexually
assaulted another inmate and Warden Scott, _
b6 and he _
b6 were aware of it
since 1996. The plaintiff alleges the defendants failed to protect him from the assaults by the officer.
In addition to the named defendants (Warden Scott and two SIS Lieutenants), the Plaintiff names
John Doe and Jane Doe Correctional Officers as defendants. He states he will seek serVlc:e

(
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:

F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

New Cases:

III. TRAVEL SCHEDULE FOR May 1999:
b6
Travelb6
Travel - None Scheduled

_

b6

4574

(
\

SER Monthly Report - April, 1999
Page 6

Travelb6

Travelb6
Travel- May 25-27, 1999 (Sentencing Training at the MSTC)
b6

Travel-

IV. Misc.:

\

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

4575

(

UNnED STATES GOVERNMENT

memorandum
June 16, 1999

Date:

Attn of:

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

Subject:

Monthly Report - May 1999

Reply to

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTMTIES - SUMMARY REPORT
A. Administrative Tort Claims - 1999

(

JAN

FEB

MAR

APR

MAY

JUN

Pending on 1"

84

117

126

127

121

116

Rec's in month

43

41

55

46

33

Recons.rec'd

1

2

0

1

2

Ans'd in month

50

39

61

53

39

Pending at end

115

124

124

123

121

Over 180 days

7*

9*

15*

16*

13*

.JUL

AUG

SEP

OCT

NOV

*Three (3) of the thirteen referred to OIA - pending response.
B. Tort Claim Investigation Status: As of May 31, 1999

An.

COL

E
D
0

E
0

0
U

J

M

E

I

L

S
T

A

S

A

E

MIM

MNA

MON

PEN

TAL

TOO

YAZ

PENDINO

53

7

4

1

5

2

5

3

13

5

0

0

16

1

1

>60
DAYS

25

0

0 0

0

0

0

0

2

4

0

0

5

0

0

4565

DEC

(

SER Monthly Report - May, .1999
Page 2

C. FOVPrivaey Act Requests - 1999

JAN

FEB

MAR

APR

MAY

JON

Pending on l lSt

12

17

14

7

13

9

Rec'd in month

26

26

20

28

10

Ans'd in month

18

27

26

22

14

Pending at end

17

14

7

13

9

0

0

0

0

0

Over 30 days

(

4566

JUL

AUG

SEP

OCT

NOV

DEC

(

SER Monthly Report - .May, 1999

\

Page 3

D. FOIA Requests for reeords: As of May 31, 1999

PENDING

An.

COL

EGL

EST

GUA

JES

MIA

2

2

0

0

0

1

0

MIM

MNA

1

0

MON

0

PEN

TAL

TOO

YAZ

EDG

0

0

1

0

2

>30 DAYS

E. ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

153

152

209

170

229

JUN

.JUL

4567

AUG

SEP

OCT

NOV

DEC

(

SER Monthly Report - May, 1999
Page 4

D. LITIGATION ACTMTY - 1999 SOUTHEAST REGION
A. SUMMARY REPORT

JAN

FEB

MAR

APR

MAY

JON

373

380

365

368

383

391

10

9

7

20

16

Habeas Corpus

4

7

4

14

9

FTCA

0

0

0

0

1

Bivens

5

2

2

5

6

Other

0

0

1

1

0

Bivens/FTCA

1

0

0

0

0

Lit Reports

10

3

5

24

11

3

6

4

5

8

Cases Open
New Cases

(

Cases Closed

JUL

AUG

SEP

OCT

NOV

DEC

B. SEtTLEMENTS AND AWARDS:

c. SIGNIFICANT CASES, TRIALS or HEARINGS:
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:
G. CRIMINAL CASES:
1. U.S. v. Battle, FGAN, 95-CR-528
Homicide of Officer D'Antonio Washington at USP, Atlanta, 12-23-1994. 11th Circuit Court of
Appeals issued decision affirming Anthony Battle's conviction Pending appeal to Supreme Court

4568

(

SER Monthly Report - May, 1999
PageS

Significant New Cases:

Eric Urom v. Selma Dejesus-Zayas, FFLS, 99-0881-CIV-Highsmith- Plaintiff inmate alleges he was
not given proper pschologicaI diagnosis, treatment and medication at FOC Miami which made him
attempt to escape by jumping two floors down to the ground injuring himse1£ After he was injured,
a PA drug him on the floor and called him racial names.
III. TRAVEL SCHEDULE FOR June 1999:
b6
Travel-

(

_b6

I will be attending the General Counsel Advisory Group in Washington, DC
on June 28, 29, and 30, 1999.

b6
Travel-

N/A

Travel-

N/A

Travel-

b6
N/A
b6

Travel-

N/A

be TOY to USP-Marion :from June 7 through June 18, 1999. b6
IV. Misc.:
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

4569

UN[TEDSTATESGOVERNMENT

(

memorandum
July 14, 1999

Date:

Reply to
Attn of:

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

SUbject:

Monthly Report - June 1999
. Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1999

(

JAN

FEB

MAR

APR

MAY

JUN

JUL

Pending on 111

84

117

126

127

121

116

115

Ree's in month

43

41

55

46

33

33

Recons.rec'd

1

2

0

1

2

2

Ans'd in month

SO

39

61

53

39

55

Pending at end

115

124

124

123

121

109

Over 180 days

7*

9*

15·

16·

13*

15·

AUG

SEP

OCT

NOV

·Three (3) of the fifteen referred to OIA - pending response.
B. Tort Claim Investigation Status: As of JUDe 30, 1999

AlL

COL

E
D
0

E
G
L

E
S
T

M
I
A

MIM

MNA

MON

PEN

TAL

TOG

YAZ

A

J
E
S

0
U

PENDINO

61

4

0

1

3

2

4

3

7

6

2

1

12

3

5

>60

31

0

0 0

0

0

2

1

5

4

0

0

8

0

0

DAYS

(,

4561

DEC

(

SER Monthly Report - June, 1999
Page 2

c. FOVPrivacy Ad Requests - 1999
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

Pending on 1 st

12

17

14

7

13

9

16

8

Rec'd in month

26

26

20

28

10

35

23

Ans'd in month

18

27

26

22

14

28

31

Pending at end

17

14

7

13

9

16

8

0

0

0

0

0

0

0

Over 30 days

4562

SEP

OCT

NOV

DEC

(

SER Monthly Report - June, 1999
Page 3

D. FOIA Requests for records: As of June 30, 1"9

PENDING

AlL

COL

EOL

EST

OUA

JES

MIA

MIM

MNA

MON

PEN

TAL

100

YAZ

BOO

2

1

0

0

0

1

0

0

1

0

0

2

0

0

1

>30 DAYS

.

E ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

153

152

209

170

229

279

JUL

AUG

SEP

OCT

NOV

DEC

D. LmGATION ACfIVITY - 1999 SOUTHEAST REGION
A. SUMMARY REPORT

(
"

I

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

373

380

365

368

383

391

380

200

10

9

7

20

16

13

9

Habeas Corpus

4

7

4

14

9

9

5

FTCA

0

0

0

0

1

0

1

Bivens

5

2

2

5

6

3

0

Other

0

0

1

1

0

0

2

Bivens/FTCA

1

0

0

0

0

1

1

Lit Reports

10

3

5

24

11

13

3

6

4

5

8

24

Cases Open
New Cases

Cases Closed

SEP

OCT

NOV

DEC

189

* Many of the 189 cases closed were as a result of our files and database being updated.
B. SETTLEMENTS AND AWARDS:

c. SIGNIFICANT CASES. TRIALS or HEARINGS: The following cases are on appeal in the
Northern District ofFlorida. The district courts in these cases held that the newregu1ations regarding
BOP's authority under 3621(e) are invalid because they achieve the same results as the old
regulations.

4563

(

SER Monthly Report - June, 1999
Page 4

Chris J. Pate v. Samuel Houston, No. #:99 cvlOILACIMD, N.D. FIa, February 22, 1999;
Gerald McKie v. Samuel Houston, No. 3:99cvI4IRVIMD, N.D. FIa., March 3, 1999;
George B. Knight v. Samuel Houston, No. 3:98cv13ILAc/MD, N.D. FIa, April 1, 1999.
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:
G. CRIMINAL CASES:
Significant New Cases:

III. TRAVEL SCHEDULE FOR June 1999:

(

b6
Travel-

Washington, D.C. (6/27/99 - 7/2/99)

b6
Travel-

N/A
b6

Travel-

)

Travel-

N/A

b6

b6
Travel- Marion, IL (6/6/99 - 6/19/99

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

4564

c··

UNnEDSTATESGOVERNMENT

memorandum
August 5, 1999

Date:

Reply to
AttD of:

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

Subject:

Monthly Report - July 1999

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1999
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

Pending on 1st

84

117

126

127

121

116

115

136

Rec'd in month

43

41

55

46

33

33

44

Recons. rec'd

1

2

0

1

2

2

1

Ans'd in month

50

39

61

53

39

55

39

Pending at end

115

124

124

123

121

109

114

Over 180 days

'*

9*

15*

16*

13*

15*

16*

SEP

OCT

NOV

*Four (4) of the sixteen referred to OIA from AlL - pending response.
B. Tort Claim Investigation Status: As of July 31, 1999
All.

COL

E
D
0

E
0
L

E
S
T

0
U
A

J
E
S

M
I
A

MlM

MNA

MON

PEN

TAL

1DG

YAZ

PENDINO

64

8

1 2

7

3

3

4

8

4

1

1

13

3

9

>60

31

0

0

0

1

2

1

5

2

0

0

12

0

0

0

DAYS

t
"

4555

DEC

SER Monthly Report - July, 1999
Page 2

c. FOlIPrivacy Ad Requests - 1999

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

Pending on 1 st

12

17

14

7

13

9

16

8

Rec'd in month

26

26

20

28

10

35

23

Ans'd in month

18

27

26

22

14

28

31

Pending at end

17

14

7

13

9

16

8

0

0

0

0

0

0

0

Over 30 days

SEP

OCT

NOV

DEC

D. FOIA Requests for records: As of July 31, 1999

PENDING

A'lL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOO

YAZ

EDG

2

1

0

0

0

1

0

0

1

0

0

2

0

0

1

>30 DAYS

E. ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

153

152

209

170

229

279

11

AUG

SEP

OCT

NOV

DEC

·1be Executive Office indicates that dtuing the month of July staff responsible for receipting administrative
remedies was on leave one week and in training one week which accounts for the low number of remedies received
dwing the month of July_

4556

SER Monthly Report - July, 1999

(

Page 3

D. LITIGATION ACTMTY -1999 SOUTHEAST REGION

A. SUMMARY REPORT

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

373

380

365

368

383

391

380

200

10

9

7

20

16

13

9

Habeas Corpus

4

7

4

14

9

9

5

FTCA

0

0

0

0

1

0

1

Bivens

5

2

2

5

6

3

0

Other

0

0

1

1

0

0

2

Bivens/FTCA

1

0

0

0

0

1

1

Lit Reports

10

3

5

24

11

13

9

I Cases Closed

3

6

4

5

8

24

189

Cases Open
New Cases

(

SEP

OCT

NOV

DEC

*Many of the 189 cases closed were as a result ofupdatlng our files and database.

B. SETILEMENTS AND AWARBS:
C. SIGNIFICANT CASES. TRIALS or HEARINGS:

Clifford Lewin v. W. Scott et al., 1:97-CV-0048 - BIVENS suit against Warden Scott, Dr. DiSanto
and Dr. Grant for providing hernia operation three years after inmate complained and was advised
he would receive an operation. Settlement Conference held on 7/30/99. Defendant's offer ofS2,SOO
was rejected by the plaintiff. The plaintiff made an offer of 578,000 and would not go below
560,000. AUSA will be making a request for defendants to have separate counsel appointed due to
conflict of interest.
Williams Joseph Mylett v. United States ofAmerica 1:98-CV-8173 - FTCA case in which the plaintiff
is suing for failure to properly diagnose and treat a retinal detached while incarcerated at FCI, Jesup.
Mediation date of 7/26/99 postponed (no new date) to allow plaintiff to take deposition of
government's medical expert. Settlement recommended in the amount ofSI89,OOO.OO.
Lorenzo Pena Morfo v.• United States, 99-1520 - FTCA case in which inmate contends that staffwas
negligent in assigning him to mop a flooded area without any kind ofsafety equipment or orientation.

4557

(

SER Monthly Report - July, 1999
Page 4

As a result of the staff's alleged negligence, the plaintiff alleges he sustained a serious knee injury.
The inmate is requesting $5,000,000.00 as compensation for his injuries.

United States v. Juan Rodriguez Lopez, 94-076 CORD), Urgent motion requesting the BOP to show
cause why defendant has been confined in segregation for the last six months. Report was prepared
explaining the BOP' s policy on the issue of administrative detention

b5 The defendant filed a second
motion requesting a hearing, indicating that the defendant disagrees with the reasons outlined in the
Government' s response to his first motion.

Yawn v. Reno, CV 299-153 - EEO Sexual Harrassment case

(

D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:

4558

(

SER Monthly Report - July, 1999
PageS

G. CRIMINAL CASES:

On March 15, 1999 an officer conducting a search in the TV room ofa housing unit at FCC Coleman
discovered that one of the chairs in the TV room had a white cloth concealed in a wrapping of tape
wound around one of the legs. Upon removing and opening the cloth, the officer discovered that it
contained an envelope in which there was an unknown substance. Subsequent testing of the
weight was
substance revealed that it was Lysergic
2.143 grams. During the search, inmate
b7C, admitted
to the officer that the chair was his. The case was referred to the FBI on March 19, 1999. The FBI
accepted case for investigation and possible presentation to the USAO for prosecution. The USAO
initially declined referral based on smaIl quantity and limited availability of prosecutorial resources.
Both FBI and the Wardens disagree with the declination because of the serious security risk LSD
poses in an institution environment and the need to pursue the case for deterrence value. The USAO
has agreed to re-evaluate the referral upon re-submission by the FBI after completion of further
investigation. As ofJuly, 1999 the case has been presented to the AUSA on two separate occasions.
The AUSA has declined this case based on the filet that there are no witnesses that observed the
inmate place the LSD on the chair in a unit television room.

(

United States v. Algarin, 99-195 (fa), Rafael Algarin de Jesus, former correctional officer, was
charged with one count, for having sexual contact with an inmate. Rafael Algarin was found guilty
as charged. On June 30, 1999, the Court sentenced the inmate to five months followed by one year
supervised release. On July 1, 1999, the fonner officer was designed to Fel, AsbJand; surrendered
to the Marshals office on July 6, 1999 and arrived at Fel, Ashland on July 12, 1999.
United States v. Cruz, 99-194 (CC), Officer indicted for having sexual contact with an inmate. The
trial date for this case has been indefinitely postponed. The defense attorney filed a motion to
suppress the identification ofdefendant Cruz as an officer engaging in sexual contact with the inmate
allegedly because that identification was tainted. This suppression hearing has been rescheduled for
September 14, 1999, because the victim is presently incarcerated in a County Jail.
United States v. Raymond Cabassa, et ai, Criminal No. 95-405, defendant, pro se, filed a motion to
sequester five cooperating witnesses who are housed in the cooperating witness unit at l\4DC,
Guaynabo. A response was submitted to the AUSA explaining that MOC, Guaynabo does not have
facilities to sequester inmates.
\

Significant New Cases:

Monroy-Vargas v. U.S. -.99-1635-CIV-MO, FFLS - The plainti:ft7inmate alleges that while he was
at the FOC Miami in April 1996, something fell into his left eye and he was treated at an outside

4559

(

SER Monthly Report - July, 1999
Page 6

medical clinic in Miami. He was transferred in September 1996, even though he continued to need
treatment from the outside facility there. He was sent to USP Lewisburg and then to FCI, Ft. Dix
where he has not received proper and adequate medical care. He asserts that he continues to suffer
severe pain and loss of vision in his left eye. Plaintiff is requesting $1 ,000,000 in damages.

III. TRAVEL SCHEDULE FOR August 1999:
b6

Travelb6

Travel-

(

b6

Travelb6

Travel-

N/A
b6

Travel-

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

4560

rES GOVERNMENT

.orandum
Date:

Reply to
Attn of:

Sherree L. Sturgis, Regional CoUnsel, Southeast ReguJu
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Monthly Report - August 1999

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1999

(

I

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

;nding on Jsa

84

JJ7

126

127

121

116

lIS

136

146

Ree'd in month

43

41

S5

46

33

33

44

78

Reeons. ree t d

1

2

0

1

2

2

1

2

Ans'd in month

50

39

61

53

39

55

39

57

Pending at end

115

124

124

123

121

109

114

146

Over 180 days

7*

9*

15·

16·

13·

IS*

16·

20·

OCT

NOV

·Three (3) of the twenty referred to OIA from ATL - pending response.
B. Tort Claim Investigation Status: As of August 31, 1999

ATL

COL

E
0
G

E
G

E

G

J

S

U

L

T

A

E
S

A

M
I

MIM

MNA

MaN

PEN

TAL

TOG

YAZ

PENDING

80

9

4

3

6

4

2

2

9

9

I

0

10

4

2

>60
DAYS

40

0

0

0

3

0

2

0

4

2

1

0

8

0

0

4359

DEC

(

SER Monthly Report - August, 1999
Page 2

C. FOVPrivacy Act Requests - 1999

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

Pending on 1 st

12

17

14

7

13

9

16

8

14

Rec'd in month

26

26

20

28

10

35

23

32

Ans'd in month

18

27

26

22

14

28

31

25

Pending at end

17

14

7

13

9

16

8

14

Over 30 days

0

0

0

0

0

0

0

0

OCT

NOV

DEC

D. FOIA Requests for records: As of August 31, 1999
ATL

PENDING

COL

EGL

3

1

1

EST

GUA

JES

MIA

MIM

MNA

2

0

1

1

0

1

MON

1

PEN

TAL

TOO

0

0

1

>30 DAYS

YAZ

1

EDG

1
"

.

E ADMINISTRATIVE REMEDIES

JAN

FEB

MAR· APR

MAY

JUN

JUL

AUG

IS3

IS2

209

229

279

132

278

170

SEP

OCT

NOV

..

DEC

-The Executive Office mdlcates that dunng the month of July staff responsible for recelptmg administrative
remedies was on leave one week and in training one week which accounts for the low number of remedies received
during the month of July.

4360

(

SER Monthly Report - August, 1999
Page 3

II. LITIGATION ACTIVITY - 1999 SOUTHEAST REGION

A. SUMMARY REPORT

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

373

380

365

368

383

391

380

200

204

10

9

7

20

16

13

9

19

Habeas Corpus

4

7

4

14

9

9

5

10

FTCA

0

0

0

0

1

0

1

3

Bivens

5

2

2

5

6

3

0

1

Other

0

0

1

1

0

0

2

3

Bivens/FTCA

1

0

0

0

0

1

1

2

Lit Reports

10

3

5

24

11

13

9

7

3

6

4

5

8

24

189

15

Cases Open
New Cases

(

.lses Closed

'"

OCT

NOV

DEC

I
*Many of the. 189 cases closed July were as a result of updating our 'files and database.

B. SETTLEMENTS AND AWARDS:
Pending Settlement Authority - Jibri A. Rahman v. United States CV-98-N-1671- ~uth~~ty to
settle the case for an amount not to exceed $20,000. FTCA case in which the irunate alleges medical
staff failed to provide appropriate medical care for a hand injury and failed to provide appropriate
post surgery physical therapy.
.

c. SIGNIFICANT CASES. TRIALS or HEARINGS:
Kalka v. Pontesso, 97-21 13-PHX-ROS(VAM) - Request for Contempt Sanctions against Warden

M. E. Ray, Associate Warden Mike Richer, Unit Manager Jack Fox, Attorney Advisor Tami Rippon
and Director Hawk-Sawyer. Inmate alleges retaliation for exercising his access to courts and failure
to take action to prevent retaliation.
Monroy-Vargas v. United States ofAmerica 99-163S-CIV-MO (RENO) - FTCA case in which the
plaintiff alleges that while he was at the FDC Miami in April 1996, something fell into his left eye
and he was treated at an outside medical clinic in Miami. He was transferred in September 1996 evn
though he continued to need treatment from the outside facility there. He was sent to USP
Lewisburg and then to FCI, Ft. Dix, where he has not received proper and adequate medical care.

4361

(

SER Monthly Report - August, 1999
Page 4

He asserts that he continues to suffer severe pain and loss of vision in his left eye. The inmate is
requesting $1,000,000 as compensation for his injuries.
Eubanks v.. United States, 99-S-776-N - FTCA case in which inmate alleges that in January 1996,

he complained to medical staff at MON of external hemorrhoids and rectal bleeding, and he
infonned them that a doctor had said he was concerned that he had cancer. No tests were done and
he was not referred for evaluation. In September 1996, he developed an inguinal hernia and anemia.
On referral to a physician for colonoscopy, carcinoma was identified. In November 1996, h was seen
by an outside doctor and told that the carcinoma had grown so large it was necessary to resection the
colon and divert to a clostomy in order to remove the cancer completely. He had the operation in
November 1996. He alleges that his claim was submitted to the SERO on November 20, 1998, and
"rejected" in January 1999. His administrative claim requested $500,000 in damages. Note: There
was a previous Bivens case on this situation. - Eubanks v. Hernandez, et aL, 98-W-1312-N (M.D.
Alabama). This case is still pending.
Lawton v. United States, 99-6169-CIV -MIDDLEBROOKS), the inmate alleges he was not given

proper medical treatment for his back ailments at USP Atlanta, causing them to become
progressively worse to the point they are debilitating. He seeks damages of $605,000.

(
'"

Jibri A. Rahman v United States. CV -98-N-1671-E. FTCA case in which the trial began on August

17 and ended August 18, 1999. This case .involved a former inmate who alleges Bureau of Prisons'
medical staff failed to provide appropriate medical care subsequent to an injury he sustained to two
fingers of his left hand. He further alleges that appropriate physical therapy was not provided
following surgery. He contends that the lack of appropriate medical care has resulted in pain,
pennanent disability, disfigurement and he will continue to suffer pain, lost wages and medical and
hospital expenses. The Judge did not make a decision at the conclusion of the trial, but instead
requested additional information from the plaintiff's attorney in the form of a post tnal brief. The
Judge expressed his concern regarding the lack qfcommunication between FCI, Talladega's medical
staff and the consultant surgeon as well as the obvious need for a more structured means of
conveying requirements for Bureau of Prisons health care procedures to the consultant. The Judge
requested a more concise statement regarding the jurisdictional basis for the claim from the
plaintiff's attorney. He further stated that although the plaintiff alleged negligence pursuant to the
Federal Tort Claims Act, information was also included which implied the standard breached by
Bureau of Prisons staff was that of 18 U.S.C. Section 4042. The Judge stated that if 18 U.S.C.
Section 4042 would be the applicable standard then the review would only be that of"ordinary care."
However, under the FTCA Alabama statute entailed the review of the Medical Liability Act of 1987
which calls for "substantial hann."
D. RELIGIOUS CASES:

,

(
"

E. ENSIGN AMENDMENT CASES:

4362

".

(

SER Monthly Report - August, 1999
Page 5

F. PLRA 1915 DISMISSALS:
G. CRIMINAL CASES:

United States v. Cruz, 99- 194 CCC), Officer indicted for having sexual contact with an inmate. The
trial date for this case has been indefinitely postponed. The defense attorney filed a motion to
suppress the identification of defendant Cruz as an officer engaging in sexual contact with the inmate
allegedly because that identification was tainted. This suppression hearing has been rescheduled for
September 14, 1999, because the victim is presently incarcerated in a County Jail.
Ill. TRAVEL SCHEDULE FOR September 1999:

AIL - 9/16 through 10/6/99
Travel -

Travel -

Travel -

Travel -

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

4363

("

UNITED STATES GOVERNMENT

memorandum
October 5, 1999

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - September 1999

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Tort Claims -1999

I

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

nding on lit

84

117

126

127

121

116

lIS

136

146

153

Ree'd in month

43

41

55

46

33

33

44

78

55

Reeons. ree' d

1

2

0

1

2

2

1

2

I

Ans'd in month

50

39

61

53

39

55

39

57

49

Pending at end

115

124

124

123 .

121

109

114

146

153

Over 180 days

7*

9*

15*

16-

13-

15-

16-

20-

23*

.'

NOV

*Three (8) of the twenty-three referred to OIA from ATL - pending response.

B. Tort Claim Investigation Status: As of September 30, 1999

ATL

COL

l

E
S
T

E
D
G

E
G

G

M
I

A

J
E
S

A

U

MIM

MNA

MON

PEN

TAl

TOO

YAZ

PENDING

82

6

4

3

5

4

3

2

9

12

1

0

10 .

4

1

>60
DAYS

41

1

0

0

0

0

2

0

4

2

1

0

8

0

0

(

4405

DEC

(

SER Monthly Report - September, 1999

Page 2

c. FOlIPrivacy Act Requests -1999
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

Pending on 1st

12

17

14

7

13

9

16

8

14

10

Rec'd in month

26

26

20

28

10

35

23

32

31

Ans'd in month

18

27

26

22

14

28

31

25

33

Pending at end

17

14

7

13

9

16

8

14

31

Over 30 days

0

0

0

0

0

0

0

0

0

MON

NOV

DEC

D. FOIA Requests for records: As of September 30, 1999

PENDING

ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

3

2

0

1

0

0

0

1

0

1

PEN

TAL

TOO

0

1

1

YAZ

EDG

0

0
, ..

>30 DAYS

'.,

.

E ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

153

152

209

170

229

279

132

278

175

OCT

NOV

DEC

·The Executive Office mdlcates that durmg the month of July staff responsible for receipting administrative
remedies was on leave one week and in training one week which accounts for the low number of remedies received
during the month of JUly.

4406

('

SER Monthly Report - September, 1999
Page 3

II. LITIGATION ACTIVITY - 1999 SOUTHEAST REG ION

A. SUMMARY REPORT

JAN

Cases Open

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

373

380

365

368

383

391

380

200

204

10

9

7

20

16

13

9

19

16

Bivens

5

2

2

5

6

3

0

1

2

Bivens/FTCA

1

0

0

0

0

1

1

2

1

FTCA

0

0

0

0

1

0

1

3

0

Habeas Corpus

4

7

4

14

9

9

5

10

10

Other

0

0

1

1

0

0

2

3

3

10

3

5

24

11

13

9

7

3

6

4

5

8

24

189

15

New Cases

Lit Reports

(

FEB

lses Closed

NOV

DEC

13

I
*Many of the 189 cases closed July were as a result of updating our files and database.

B. SETTLEMENTS AND AWARDS:
Pending Settlement Authority - Jibri A. Rahman v. United States CV-98-N-1671- authority to
settle the case for an amount not to exceed $20,000. FTCA case in which the inmate alleges medical
staff failed to provide appropriate medical care for a hand injury and failed to provide appropriate
post surgery physical therapy.
C. SIGNIFICANT CASES, TRIALS or HEARINGS: .

Fran Cervantes v. Warden Wiley CV-99-H-1911-E -Habeas Corpus Petition. Petitioner alleges that
he is a State of Texas prisoner in BOP custody pursuant to a prisoner transfer agreement. He asserts
that he needs Texas legal materials to pursue legal matters in connection with the charges he was
convicted of in Texas. He makes passing references to transfer procedures which do not provide for
a hearing, an administrative appeal of his elM classification and falsified evidence and information
in reports (apparently he is referencing false evidence in reports by Texas authorities). His two
asserted causes of action focus on the issue of access to Texas legal research materials to work on
his criminal case. As relief, he requests the court to relieve him of the deprivation of Texas legal
materials.

4467

SER Monthly Report - September, 1999
Page 4

Lawrence Lawton v. United States ofAmerica 99-6169-CIV-MIDDLEBROOKS - FTCA case
in which the plaintiff alleges he was not given proper medical treatment for his back ailments at USP
Atlanta, causing them to become progressively worse to the point they are debilitating. He seeks
damages of $605,000.

tI

Eubanks v.. United States, 99-S-776-N - FTCA case in which inmate alleges that in January 1996,
he complained to medical staff at MON of external hemorrhoids and rectal bleeding, and he
informed them that a doctor had said he was concerned that he had cancer. No tests were done and
he was not referred for evaluation. In September 1996, he developed an inguinal hernia and anemia.
On referral to a physician for colonoscopy, carcinoma was identified. In November 1996, h was seen
by an outside doctor and told that the carcinoma had grown so large it was necessary to resection the
colon and divert to a clostomy in order to remove the cancer completely. He had the operation in
November 1996. He alleges that his claim was submitted to the SERO on November 20, 1998, and
"rejected" in January 1999. His administrative claim requested $500,000 in damages. Note: Tbere
was a previous Bivens case on tbis situation. - Eubanks v. Hernandez, et aL, 98-W -1312-N (M.D.
Alabama). Tbis case is still pending.

Lawton v. United States, 99-6169-CIV-MIDDLEBROOKS), the inmate alleges he was not given
proper medical treatment for his back ailments at USP Atlanta, causing them to become
progressively worse to the point they are debilitating. He seeks damages of $605,000.
Cara L. Trent v. Janet Reno, et al CV-499-184 - (S.D. Georgia). This is a Title VII sexual
discrimination case in which the plaintiff alleges she was employed by UNICOR at JES as a Fabric
Worker Supervisor in December 1996. In about March 1997, coworkers began to spread a false
rumor that she was having affairs with inmates. A correctional office came to her and said he had
heard bad things about her and warned her not to make him run to a body alarm. He asked her if she
would have sex with him and his girlfriend. As a result of the rumor, she was alienated by many of
her coworkers. She informed her supervisor and the factory manager, but no steps were taken. In
April 1997, another'Fabric Worker Supervisor began making sexual advances, which she refused.
After the refusal, he began to refer to her in derogatory terms and engaged in numerous other acts
of harassment. She reported these acts to her supervisor and the factory manager and was referred
to the Human Relations Manager. She was told that'those things did not sound like something the
other Fabric Worker Supervisor would do. Thereafter, she suffered various acts of discrimination
such as refusal olovertime work, verbal abuse and threats of discipline. When she went to exchange
some of the institution's "extra step" chits for a T-shirt, the person in charge suggested she had
earned the chits on her knees and suggestively offered her more chits. When she was tenninated,
standard procedures were not followed. She did not receive a perfonnance improvement plan (PIP).
Two less qualified male Fabric Worker Supervisors were retained in UNICOR. The plaintiff
alleges a hostile work environment and wrongful tennination. She seeks back pay, front pay, lost
benefits, damages for emotional distress, attorney fees and costs. The Labor Law Branch has been

(

\
.

(

SER Monthly Report - September, 1999
Page 5

notified and a copy of the complaint forwarded lO that office. AU SA Melissa Mundell is handling
the case with the assistance of Mike Dedman, Paralegal FCI Jesup.
D. RELIGIOUS CASES:
Plaintiff/inmate Robert Nelson all eges lhat he is a Hebrew Israelile and ' ' mbers of that religion
opportunity to meet
have been denied the right to have a separate meeting. They were orr
~ a religion. The
along with Jewish inmates. However, they were denied separ?'
BOP's Religious Issues Comminee made this determination. The .
;s is a violation
of his First Amendment right to free exerci se of religion, and that.
". Eighth and
's the court
Fourteenth Amendments as well. He seeks to pursue the case as a clas,
to enter a preliminary and permanent injunction directing the defenda
,ndependent
, vO damages for
services and recognition of the Hebrew Israelite religion. He also seek
himself and $2,000,000 for the other members of the class. The caption of, . complaint states the .
defendants are the "Religious Issues Comminee" the "Southeast Regional Director's Office" and the
"Religious Services Senior Chaplain" at FCI Estill.
(

E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:
G. CRIMINAL CASES:
United States v. Cruz, 99-194 (CC), Officer indicted for having sexual contact with an inmate. The
trial date for this case has been indefinitel y postponed. The defense anomey filed a motion to
suppress the identification of defendant Cruz as an officer engaging in sexual contact with the inmate
allegedly because that identification was tainted.

III . TRAVEL SCHEDULE FOR September 1999:

Travel-

GCAG meeting, Washington , D.C. - 10/18-21

I

440Q

(

...,
,'.< "

.. i/··

UNITED STATES GOVERNMENT

memorandum
2 /5'f-.1J

:\:llG
I "'..
December 6, 1999

Dat.

Reply to
Attn of:

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

Subject:

Monthly Report - October 1999

tZ<d.,L).

fi .1.)

(~<:.e~

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims -1999

(

I

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

ocr

NOV

1Pending on )It

84

117

126

127

121

116

11S

136

146

)53

)58

I "'ec'd in month

43

41

55

46

33

33

44

78

SS

40

.,coons. rec'd

1

2

0

1

2

2

1

2

1

3

Ans'd in month

SO

39

61

S3

39

SS

39

57

49

49

Pending at end

lIS

124

124

123

121

109

114

146

IS3

)S8

Over 180 days

7-

9·

IS·

16·

13-

IS·

16·

20-

23·

28-

*Three (8) of the twenty.eight referred to OIA from ATL - pending response.
B. Tort Claim Investigation Status: As of October 30, 1999

ATL

COL

E
0

E
G

E
S

G
U

M
I

MIM

MNA

MON

PEN

TAL

TOO

YAZ

A

J
E
S

A

G

L

T

PENDING

77

7

3

0

6

3

4

0

12

12

3

0

18

6

1

>60
DAYS

4S

0

0

0

3

I

0

0

7

7

0

0

11

0

0

(

3546

DEC

(

SER Monthly Report - October, 1999
Page 2

c. FOlIPrivacy Act Requests - 1999
JAN

FEB

MAR

APR

MAY

Pending on lilt

12

17

14

7

13

Rec'd in month

26

26

20

28

Ans'd in month

18

27

26

Pending at end

17

14

Over 30 days

0

0

JUN

JUL

AUG

SEP

OCT

NOV

DEC

9

16

8

14

10

15

11

10

35

23

32

31

21

20

22

14

28

31

25

33

17

24

7

13

9

16

8

14

10

15

11

0

0

0

0

0

0

0

0

0

MON

PEN

TAL

1

1

1

D. FOIA Requests for records: As of October, 30,1999

PENDING

ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

1

2

0

1

I

0

0

0

1

TOO

YAZ.

0

0

>30 DAYS

.

E ADMINISTRATIVE REMEDIES

JAN

fEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

153

152

209

170

229

279

132

278

175

157

169

. .

..

DEC

-The Executive Office indicates that during the month of July staff responsible for receipting admlDlstrative remedies was
on leave one week and in training one week which accounts for the low number of remedies received during the month of
July.

(

3547

EDG

1

(~ . -

SER Monthly Report - October, 1999
Page 3

II. LITIGATION ACTIVITY -1999 SOUTHEAST REGION
A. SUMMARY REPORT

FEB

JAN

Cases Open

'_

JUN

MAY

AUG

JUL

SEP

OCT

NOV

DEC

373

380

365

368

383

391

380

200

204

207

207

10

9

7

20

16

13

9

19

16

16

14

Habeas Corpus

4

7

4

14

9

9

5

10

10

4

5

FTCA

0

0

0

0

1

0

1

3

0

1

1

Bivens

5

2

2

5

6

3

0

1

2

9

7

Other

0

0

1

1

0

0

2

3

3

2

1

Bivens/FTCA

1

0

0

0

0

1

1

2

1

0

0

Lit Reports

10

3

5

24

11

13

9

7

3

6

4

5

8

24

189

15

New Cases

(''.

APR

MAR

)ses Closed

6
13

209

8

16

12

.-

*Many of the 189 cases closed July were as a result of updating our files and database.

B. SETILEMENTS AND AWARDS:
Settlement Authority Approved -Jibri A. Rahman v. United States CV-98-N-1671- authority has been
obtained to settle this case for an amount not to exceed $20,000. FTCA case in which the inmate alleges

medical staff failed to provide appropriate medical care for a hand injury and failed to provide appropriate
.
post surgery physical therapy.

c. SIGNIFICANT CASES, TRIALS or HEARINGS:
Kilpatrick v. Houston, App. No. 99-10862 (1 J'h eir.). This case is set for oral argument on Tuesday,
November 30, 1999. AUSA Priesser representing.
Clifford Lewin v. W. Scott et 01., 1:97-CV-0048. Bivens suit against Warden Scott, Dr. DiSanto and Dr.
Grant for providing hernia operation three years after inmate complained and was advised he would
receive an operation. Settlement conference held on 7/30/99. Defendant's offere of$2,SOO was rejected
by the plaintiff. The plaintiff made an offer of $78,000 and would not go below 560,000. On 10/6/99
the AUSA handling the case made a request for defendants to have separate counsel appointed due to
conflict of interest. Settlement request and been updated and resubmitted. Trial date scheduled for
January 18, 2000.
JeffDorsey et 01. V. Keohane et al. J:98-CV-0919. Three inmates challenged the constitutionality of the
four point restraint policy. Two ofthe inmates were dismissed. Discovery allowed by limited to qualified

3548

(

SER Monthly Report - October, 1999
Page 4

immunity issue regarding fourpoint restraints of plaintiffLealon Muldrow. Depositions ofthe defendants
have been taken.
Desmond Lawrence v. Tom Keohane 1:97-CV-0036. Inmate alleges that he was assaulted by the
defendant with a broom stick in retaliation for his assault on a staff member. Plaintiff was appointed
counsel in August 1999. Discovery meetings held and depositions have been taken. The trial date is
scheduled for November 30, 1999.
United States v. David Figueroa, 98-223 (CC): Hearing held on defendant's urgent motion requesting
medical treatment for client who allegedly has a mass in his chest. The Health Services Administrator
at QUA explained to the Court about the inmate's condition and the proper referrals had been made.
Lawrence Lawton v. United States ofAmerica 99-6169-CIV-MlDDLEBROOKS - FTCA case

in which the plaintiff alleges he was not given proper medical treatment for his back ailments at USP
Atlanta, causing them to become progressively worse to the point they are debilitating. He seeks damages
of $605,000.
New Cases:
Michael Anthony Warren v. Willie James Scott, et al., 1:98-CV-3367-MHS (N.D. Georgia). . Plaintiff

alleges his several medications, which had been prescribed for him at the USMCFP, were canceled by
a physician's assistant when he arrived at USP Atlanta. Although he talked with several people about it,
the medications were not reinstated. He suffered a psychiatric episode where he tried to kill himself and
was rushed to an outside hospital. He wants $1,000,000 from each defendant and declaratory and
injunctive relief.
Darell Dexter Thomas v. Willey Scott, et al., 1:98-CV-568-CAM (N.D. Georgia). The Plaintiff alleges .

he was placed in disciplinary segregation in the SHU for two weeks even though he is paralyzed from the
waist down and uses a wheelchair. There are no cells for handicapped inmates, so he was forced to
choose between crawling to the commode or lying in bed and soling himself. He alleges cruel and
unusual punishment because the cell has no handicapped accessories. He wants $) ,000,000 from each
defendant.
Michael Henry Smith v. Lt. Alviderez, et al., 5:99 CV-1148BrS (S.D. Mississippi). Plaintiff alleges

various acts of retaliation for using the administrative remedy process. Events started at FCI Jesup and
continued at FCI Yazoo City. He wants $5,000 from each defendant and for the BOP to sanction the
defendants and take corrective action to vitalize the administrative remedy program.
Olga Marlin v. United States ofAmerica, 99-2468_CIV-HIGHSMlT (S.D. Florida). Plaintiff alleges that

when she went to visit at FCI Miami, she sat on a picnic table bench which was unsecured and
improperly maintained. She alleges the picnic table overturned which caused her to fall to the ground,
hitting her neck and head on another picnic table.

3549

(
ER Monthly Report - October, 1999
rage 5

Hewlett v. Davis, 93-CV-l973. Inmate alleges he was "homosexually" assaulted by a staff physician
during a medical examination. This case is from 1993 and may present problems regarding information
gathering.
Michael Warren v. Scott e/ al. 1:98-CV-3367. Plaintiff alleges that he was denied psychiatric medication
and that the defendant's actions amounted to cruel and unusual punishment.
Harry Terrell v. Scolll :99-CV-2986. Plaintiff alleges that he was assaulted by members of the SORT
team upon his arrival at USP ATL iii 1995. Case was dismissed for failure to exhaust administrative
remedies under case number 96-CY -2986.

D. RELIGIOUS CASES:

(

Plaintiff/Inmate
leges .'
been denied the
to have a separate .
Jewish inmates.
they were dt
Issues Committee made this determinatioo
right to free exercise of religion, and that it
He seeks $150,000 damages for himself.
"Religious Issues Committee" the "South~
. Senior Chaplain" at FCI Estill.

':>rew Israelite and members of that religion have
were offered the opportunity to meet along with
'cognition as a religion. The BOP' s Religious
's serts this is a violation of his First Amendment
1, Eighth and Fourteenth Amendments as well.
f the complaint states the defendants are the
"ector's Office" and the "Religious Services

E. ENSIGN AMENDMENT CASES:
F. PLRA 1915 DISMISSALS:

\

3550

(

'.

SER Monthly Report - October, 1999
Page 6

G_ CRIMINAL CASES:
United States v. Cruz, 99-194 (CC), Officer indicted for having sexual contact with an inmate. The trial
date for this case has been indefinitely postponed. The defense attorney filed a motion to suppress the
identification of defendant Cruz as an officer engaging in sexual contact with the inmate allegedly
because that identification was tainted. This suppression hearing scheduled for September 14, 1999 was
postponed until October 18, 1999. Defense counsel GUA with a subpoena for records which has been
complied with. Defense counsel filed an exparte motion to compel OUA to produce records. Duringthe
suppression hearing, the issue of the whereabouts of the victim came up as her testimony is needed. The
Court ruled upon a motion by defense counsel that if the victim is noted located by November 5,1999,
the case would be dismissed.
United States v.. Rondon: Inmate at GUA indicted for attempting to bring drugs into the MDC. Inmate
pled guilty ' to charges and is facing an eight year additional sentence. Individuals who aided in the
introduction of the drugs also pled guilty.

III. TRAVEL SCHEDULE FOR October 1999:

(

Attorney Training 11/15-19/99 - Washington, D.C.

Attorney Training 11/15-19/00 - Washington, D.C.

IV. Mise,:

cc: Regional Director and Deputy Regional Director, SER

3551

• . ?P.4¥ ..i r.···--

UNITED STATES GOVERNMENT

memorandum
December 6, 19<)')

Date:

Reply to
Attn or:

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

Subject:

Monthly Report - November ]999
Christopher Erlewine, Assistant Director/General COW1SeI
Federal Bureau of Prisons

To:

Washington, D.C. 20534

I. APMINISIBATIVE LEGAL ACTIVITIES • SUMMARY REPORT
A. Administrative Tort Claims - 1999

(ll, ••••.

JAN

....EB

MAR

APR

MAY

nlN

nn.

AUG

SEP

OCT

NOV

DEC

Pending on .-

84

117

126

127

12J

116

liS

136

146

153

158

184

Rcc'd in month

43

41

SS

46

33

3:l

44

7K

SS

4U

40

R'=COnS. rec"d

1

2

0

I

2

2

I

2

I

3

3

Ans'd in month

SO

39

6J

S3

39

SS

39

57

49

49

41

PeDdi1l8 at end

liS

124

124

123

121

109

114

)46

153

IS8

184

O\w 1110 days

7-

9-

IS·

16-

13-

IS·

16-

20-

23-

2Re

27·

·Sight(8) oflbe twenty-H\'m referred to OIA &om An - pending n:,ponsc.
B. Tort Claim Inve.tlgAtion StatUI: AI
An.

COL

or November 30. 1999

Ii

1::

J

U

E

Ci

G
I.

E
S
T

G

D

A

S

MI
A

MIM

MNA

MO~

~~

TAL

TOO

YI\Z

~u

117

10

5

0

R

3

6

12

to

11

3

0

IS

3

6

>60

44

0

0

0

J

0

0

0

S

6

0

0

6

0

I

DAYS

3588

(

SER Monthly Report - November, 1999

Page 2

c. FOIIPrivacy Act Requall - 1999
APR

MAY

JM

FEB

MAR

12

17

14

7

13

9

16

in month

26

26

20

28

10

3S

Ana'd in month

18

21

26

22

14

'endinQ at ond

l'

14

7

13

0

0

0

0

'end! n9 on
"e~'d

1·~

OVer 30 days

SEP

OCT

NOV

DEC

8

14

10

15

1:

23

32

31

21

20

28

31

25

3l

11

24

9

16

8

14

10

15

11

0

a

0

0

0

a

0

MeN

JUN

JUL

AUG

D. FOIA Rcquclb ror records: AI of November, 30, 1'99
ATL
pF.I\nt'Kf

COL

F.GI.

EST

QUA

JES

MIA

MIM

MNA

0

I

J

0

0

0

1

2

J

JIliN

]

1

TAL

J

TOO

YAL

0

0

>30 DAYS

(

E. ADMINISTRATIVE REMEDIES

JAN

F1m

MAR

APR

MAY

1UN

nn .

AUG

SliP

OCT

NOV

)S3

152

209

170

229

279

132

278

J7S

IS7

169

DEC

.Thc E.ucutlYe Office indIcates that dunng me month of July ~1l ~bJe for receipting admlnJstratl\'I: remedies was on
leaw one week and in lnIining one week which accounts for the low nwnber ofremedics recci\w during 1111: month of July.

3589

.ax;
1

SER Monthly Report - November, ) 999
Page 3

n.

LITIGATION ACfIVITX -1999 SOUTHEAST REGION

A. SUMMARY REPORT

FEB

JAN

Cases Open

APR

MAR

373

380

10

9

.,

Habeas Corpua

4

1

!TeA

0

B1verus

JUL

JUN

SEP

AUG

OC~

DEC

NOV

368

383

391

380

200

204

207

201

20

16

13

9

19

16

16

14

4

14

9

9

5

10

10

4

5

0

0

0

1

0

1

3

0

1

.L

5

2

2

5

6

3

0

1

2

9

.,

Other

0

0

1

1

0

0

2

3

3

2

!

Bivens/F'l'CA

1

0

0

0

0

1

1

2

1

0

0

Lit Reports

10

3

5

24

11

13

9

7

6

8

6

3

6

4

5

8

24

189

15

13

16

12

Hew Cases

Cases Closed

365

MAY

209

-Many of the J89 cases elased ~uly were as a rellUlt of updatins our files and dalabusc:.

B. SETrLEMENTS AND AWARDS:
Settlement Authority Approved -Jibr; A.Rahman v. United Stales CV-98-N-1671- authority has been

obtained to settle 1his case for an amoWlt not to ~ceed 520.000. FTCA case in which the inmate alleges
medical stafffailed to provide appropriate medical care for a hand injury and failed to prolide appropriate post
surgery physical therapy.
C. SIGNIFICANT CASES, TRIALS or HEARINGS;
Kilpatrick

v. Houston. App. No. 99-10862 (J 1111 Cir.). This case is set for oral argument on Tuesday,

November 30, 1999. AUSA Priesser representing.
Desmond Lawrence v. Tom Keohane 1,' 97-CY-0036. Inmate alleges that he was assaulted by the defendant

with a broom stick in retaliation for his assault on a staff member. Plaintiff was appointed COWlSeJ in August
1999. Discovery meetings held and depositions have been taka). The trial date is scheduled for November 30,
1999.

New Cases:
Olga Martin v. United States ofAmerica, 99-1468_ Cl Y-H1GHSMl7' (S./l /,10r;(/o). Plaintiff alleges that

\Wen she went to visit at FCI Miami, she sat on a picnic table bench which was unsecured and ilJ1)roperly
maintained. She alleges the picnic table overtwned \\hich caused her to faJl to the ground, rutting her neck and
head on another picnic table.

3590

(

SER Monlhly Repon - November. 1999
Page 4

Y. Davis, 93-CV-1973. Inmate alleges he was "horoosexually" assaulted by astaITphysician during
a medical examination. Ths case is from 1993 and may present problems regarding information gathering.

Hl!W/ell

Michael Warren Y. SCali er 01. 1:98-CV-3367. PlaintiIT alleges that he was denied psychiatric medication
and that the defendant's actions amounted to cruel and unusual punishment.
Harry Terrell Y. Scali 1: 99-CV-29/16. PlaintiIT alleges that he Iv.IS assaulted by members of the SORT team
upon his arrival at USP ATL in I Y':J5. Case was dismissed for failure to exhaust adrrinistrative remedies under
case nwnber 96-CV-2986.

D. RELIGIOUS CASES;

E. ENSIGN AMENDMENT CASES :
[. PLRA 1915 DISMISSALS;
G oCRIMINAL CASES;

(

!I!, TRAYEL SCHEDULE FOR November 1999:

IV. Misc.:

3591

mtI'mD STATES GOVEBNMBNT

(

memorandum
Da1:e:

Repl.y to
Attn of:

Subject:
To:

January 5, 1999
Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331
Month1y Report - December 1998
Carolyn A. Sabol, Acting Assistant Director/General Counsel

Federal Bureau of Prisons
Washington, D.C. 20534
I. ADHIRISTRATZVE LEGAL ACTIVITIES - StlHMJUlY REPORT
A. Admin:i.strative Tort Claims - 1998
JAN
Pending on 1st

(

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

113

69

69

89

104

101

88

104

107

112

128

Ree's in month

39

55

88

38

63

36

74

38

49

50

59

38

Reeons. rec'd

0

3

4

2

1

0

3

0

0

01

01

01

Ans'd in month

22

49

69

52

46

58

54

29

55

58

55

44

Pending at end

117

118

107

103

111

101

88

81

100

104

118

118

Over 180 days

6

3

1

3

2

3

0

*1

*2

0

0

*7

*Two (2) of the seven referred to OIA
B. Tort Cl.aim Investigation Status:
ATL

COL

As of December 31, 1998

E
D
G

E
G

E

G

J

M

5

U

E

I

L

T

A

5

A

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

55

16

2

1

2

5

4

5

4

2

1

1

18

1

5

>60
DAYS

27

9

0

0

0

0

3

0

0

2

0

0

6

0

0

ATL - 2 of >60 Days referred to OIA

4589

SER Monthly Report - December, 1998

(

Page 2

c.

FOI/Privacy Act Requests - 1998

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

Pending on 1 st

12

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

17

Ans'd in month

10

18

22

26

41

14

33

44

43

44

28

17

Pending at end

24

21

19

25

15

7

27

14

14

12

11

12

Over 30 days
4
4
3
6
2
2
9
2
D. FOIA Requests for records: As of December 31, 1998

0

0

0

0

PENDING

ATL

COL

EGL

1

2

1

EST

GUA

JES

MIA

MIM

MNA

2

MON

PEN

TAL

TOG

YAZ

1

1

1

3

>30 DAYS

B.

(

ADMINJ:STRATIVE RBNImIBS

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

195

169

201

217

167

115

176

229

239

159

152

190

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

II.

A. StJMtomRY REPORT

Cases Open

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

606

515

525

535

537

542

539

531

661

594

600

606

**
New Cases

16

2

18

15

15

10

11

24

14

6

14

10

Habeas Corpus

10

1

9

6

8

8

6

12

8

0

4

5

FTCA

0

0

2

2

2

0

1

1

0

1

1

Bivens

5

1

6

5

5

2

4

8

5

3

6

3

Other

1

0

1

2

0

0

0

2

1

1

3

1

Bivens/FTCA

0

0

0

0

0

0

0

1

2

0

0

Lit Reports

11

1

2

5

5

0

0

11

10

Cases Closed

77

9

8

5

13

73

8

10

5

14

32

109

*
**
*

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

4590

(

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

C. SIGNIFICANT CASES, TRIALS or HEARINGS :

Viera v . U.S ., 2 - 97-Q499-12 (FSC)
The inmate alleges the BOP did not properly treat an injury he
sustained to his Achilles tendon while playing basketball . The
tendon was sutured and stapled by an outside orthopedic surgeon
One of the staples became infected . He was treate d with
antibiot i cs . Because the infection worsened, he was transferred
to an outside hospital and the surgeon provided further
treatment .. His
eventu
wit
ff ' s expert orthope c
r
whole person permane nt impairment rating,
the care he recei v ed from the BOP fell be l ow the
standard of care . The treating orthopedic doctor was the
witness. His testimon

(

The case was tried on December 21
n Charleston, South Carolina . At tria l, the
plaintiff's attorney c alled the government ' s witnesses to put on
hi s case. He also conceded the treating BOP physician was
qualified as an expert. Other than the inmate , the plaintiff had
no witnesses, but did enter two videotaped depositions of experts
into the record.
Van Vandivier attended the trial.
Closing
argument was put off until December 28 , 1998. Af t er closing
arguments , the judge stated there was not enough evidence to find
the Government provided negligent medical care resulting in the
injury to the plaintiff, and since the court was searching for
the truth , he permitted the plaintiff ' s counsel an additional 30

Magluta v. SamDles, et al. , App. No. 97 - 8417 (l1'h Cir.)
On December 10, 1998, the c ourt issued its ruling reversing the
district court ' s dismissal of the case on the basis of the
fugit ive from justice doctrine. The Court of Appeals held that
the district court abused its discretion because there was no
nexus between the plaintiff ' s fugitive status and the Bivens
case . A local rule of court in the Northern District of Georgia
provides that when a moti o n is not responded to this indicates no
opposition . The district court could have dismissed the case

4591

c

SER Monthly Report - December, 1998
Page 4
under this rule. The court of Appeals returned the case to the
district court for consideration of whether the case should be
dismissed under this rule or for further proceedings.
Freson v. u.s. et al., 97-1373-CIV-GRAHAM (FFLS)
In this Bivens/FTCA case, a courier who was making a delivery to
FCr 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 a personal
interest and is handling this case himself. The court ruled in
favor of the defendants, finding that the Lt. acted in self
defense.
D. RELIGIOUS CASES:
E. ENSIGN

AMENDMENT

CASES:

F. PLRA 1915 DISNZSSALS:

(

G. CRDfINAL CASES:

New Cases:

III. TRAVEL AND LEAVE SCHEDULE FOR January 1999:
b6

01/08 99 Annual Leave
Retirement dinner

to travel to Wally Cheney's

b6

Annual Leave 1/08/99, to travel to Wally Cheney's Retirement dinner
b6

Travel - 01/04/99 - 01/08/99 Military Duty
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

(

4592

(

UNITED STATES GOVERNMENT

memorandum
January 5, 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - December 1999
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims -1999
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

84

117

126

127

121

116

115

)36

146

153

158

184

43

41

55

46

33

33

44

78

S5

40

40

47

Recons. rec'd

1

2

0

1

2

2

1

2

1

3

3

1

Ans'd in month

SO

39

61

53

39

55

39

57

49

49

41

S7

Pending at end

llS

124

124

123

121

109

114

146

153

158

184

161

Over 180 days

7*

9*

15*

16*

13*

IS*

16*

20*

23*

28*

27*

24*

. -""'ending on

)11

(...... ' :c'd in month

*Eight (8) of the twenty-four referred to OIA from ATL - pending response.
B. Tort Claim Investigation Status: As or December 31,1999

ATL

COL

E

0
G

E
G

E

S

G
U

J

E

L

T

A

S

MI
A

MIM

MNA

MaN

PEN

TAL

TOO

YAZ

PENDING

78

9

8

0

7

2

5

3

11

11

3

0

14

3

7

>60

43

0

0

0

3

0

2

0

6

6

I

0

7

0

0

DAYS
-.

(

3600

(

SER Monthly Report - December, 1999

Page 2

C. FOlIPrivacy Act Requests -1999

JAN

FEB

MAR

APR

MAY

Pending on 1st:

12

17

14

7

13

Rec'd in month

26

26

20

28

Ans'd in month

18

.27

26

Pending at end

17

14

Over 30 days

0

0

JUN

JUL

AUG

SEP

OCT

NOV

DEC

9

16

8

14

10

15

11

10

35

23

32

31

21

20

17

22

14

28

31

25

33

17

24

14

7

13

9

16

8

14

10

15

11

15

0

0

0

0

0

0

0

0

0

.

0*

*Eigbt (8) requests, according to tbe date received by Centra. Omce, were overdue wben received by SERO, but
were processed timely once received by SERO.
D. FOIA Requests for records: As of Dec:ember 31,1999

ATL

(

PENDING

COL

EGL

EST

OUA

2

2

0

0

0

JES

MIA

1

1

M1M

MNA

0

0

MON

PEN

TAL

TOO

YAZ

EOO

0

3

2

0

2

0

",

>30 DAYS
..
·The remaining two requests pending are being handled/processed by the SERO.

.

E ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

153

152

209

170

229

279

132

278

175

157

169

170

. .

.. .

.

• The Executive Office indicates that dunng the month of July staff responsible for receipting adminIStrative remedies was
on leave one week and in training one week which accounts for the low number of remedies received during the month of
July.

(

3601

C'

SER Monthly Report - December, 1999
Page 3

II. LITIGATION ACTIVITY ·1999 SOUTHEAST REGION
A. SUMMARY REPORT

JAN
Cases Open

FEB

MAR

APR

MAY

JUN

AUG

JUL

SEP

OCT

NOV

DEC

.373

380

365

368

383

391

380

200

204

207

207

209

10

9

7

20

16

13

9

19

16

16

14

12

Habeas Corpus

4

7

4

14 '

9

9

5

10

10

4

5

11

FTCA

0

0

0

0

1

0

1

3

0

1

1

0

Bivens

5

2

2

5

6

3

0

1

2

9

7

1

Other

0

0

1

1

0

0

2

3

3

2

1

0

Bivens/FTCA

1

0

0

0

0

1

1

2

1

0

0

0

Lit Reports

10

3

5

24

11

13

9

7

8

6

10

3

6

4

5

8

24

189

15

16

12

5

New Cases

2ses Closed

6
13

.'

-Many of the 189 cases closed July were as a result of updating our files and database.

B. SETTLEMENTS AND AWARDS:
Settlement Authority Approved -

c. SIGNIFICANT CASES, TRIALS or HEARINGS:
u.s.

v. Bridgett Bradford, 4:98cr76-RH. The inmate was convicted of two counts of Assaulting
Federal Officers, 18 U.S.C., Section IlIon December 17, 1999. Sentencing is set for March 1,
2000. The inmate will be transferred to a state placement in California next week.
Lorenzo Pena MorJe v. United States ofAmerica, Civ. No. 99-1520: FTCA in which the plaintiff
contends that he slipped and fell while working as a result of govenunent negligence. A motion to
dismissed was filed based on the Inmate Accident Compensation Act and its bar of the lawsuit based
on work related injuries. The court granted the motion to dismiss.
New Cases:

(,

Alicea Torres v. United States, 99-1805 (PG): FTCA case in which the plaintiff contends that while
playing basketball at the recreation yard at the MDC, he executed an evasive maneuver and slipped
and fell in a slippery substance that was on the floor of the basketball court. Plaintiff contends that

3602

CO

SER Monthly Report - December, 1999

Page 4

he was not warned of the dangerous conditions of the floor and that there were no staff members
present to ensure that the floor was not slippery. Plaintiff contends that, upon falling, he received
a hard blow to his head and lost consciousness. Plaintiff contends that the injuries he sustained were
proximately caused by the negligence of MOe staff in failing to adequately inspect and supervise
the basketball court while plaintiff was playing and after inmates used the court. Plaintiff contends
that MOC had a duty to maintain the basketball court free of slippery substance. Prepared a detailed
litigation report about Puerto Rico negligence's laws and the landowner's duty of care. We filed an
answer and are preparing to take the deposition of the plaintiff.

Younglao v. United States, 98-1153 (DRD): FTCA action in which the plaintiff contends that was
injured as a result of government negligence since he was housed in the same cell with an inmate
who was dangerous to self and others and who had possessed dangerous weapons in the past.
Deposition ofthe plaintiff was taken. The plaintiff had filed a motion for summary judgement. The
government will respond by January 10, 1999. Approval has been obtained from DOJ-CoUete
Winston to raise the discretionary function exception as a bar to this lawsuit.
(
\.....

Domingo Santana Rosa v. United Slates, et al: FTCAIBivens lawsuit in which the plaintiff contends
that he was assaulted by another inmate as a result of government negligence. The plaintiffcontends
that the inmate who assaulted him was a trust agent of the government (unit orderly) and as a result
the government is responsible for that inmate's assault on the plaintiff. The plaintiff attempted to
effect service on the Warden for the inmate (who is also a defendant on the case). Prepared
representation request for Warden Gonzalez who was not even the Warden in Guaynabo when the
incident giving rise to the complaint occurred.
Olga Martin v. United States ofAmerica, 99-2468_CIV-HIGHSMIT (S.D. Florida). Plaintiffalleges
that when she went to visit at FC! Miami, she sat on a picnic table bench which was unsecured and
improperly maintained. She alleges the picnic table overturned which caused her to fall to the
ground, hitting her neck and head on another picnic table. Most recently, the plaintiff's husband has
filed an administrative claim alleging loss of consortium. The claim was rejected due to the fact the
case 'is pending and it appears the claimant was included as a plaintiff in the above case when filed
with the court.
Zack McCain, Jr. V. Kathleen Hawk Sawyer, eta al., 2:99-3602-12AJ. The plaintiff is suing the
Director, the Warden at this institution and the Regional Director of the Southeast Region over the
Zimmer Amendment. The United States Attorney's Office has not been served yet.
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:

\

F. PLRA 1915 DISMISSALS:

3603

(

North Central Region
Regional Counsel Monthly Report
December 1999
Page 7

USA v. William Sablan and Rudy Sablan, USP Florence
William Sablan and Rudy Sablan were housed in a SHU cell with inmate Joey Estrella on
October 10, 1999, at the USP. At 3:02 a.m., while making the 3:00 a.m. count, staff
observed inmate Estrella laying on the cell floor with a gaping wound in his abdomen and
with two cuts to his neck. It was later determined that inmate Estrella died from massive
blood loss from the neck wounds. William Sablan admitted to the FBI that he killed inmate
Estrella, however, statements in Guamanian on the video tape, as well as statements of
inmates celled near the crime scene, indicate that Rudy Sablan was involved in the killing .
Information provided to USAO to assist in referral to DOJ for death penalty consideration.
U.S.A v. Francis and Haney, USP Florence
Pre-trial hearing held on November 19, 1999, in this attempted escape case. Court denied
Haney's motion to use duress as a defense. Trial date set for April 17, 2000. Court
indicates the matter will not be continued . The institution was advised by the U.S.
Marshals Service in Arizona that they received a subpoena to the architect of USP
Florence for all records related to design and construction of facility. We will oppose any
release of records or testimony that would jeopardize security.

(

U.S.A. v. Scott Alex Schofler and Damion Johnson, USP Leavenworth
A trial date of February 8, 2000, has been set for the prosecution of inmates Scott Alex
Shotler and Damian Johnson for the murder of inmate Smothers. The trial is expected to
last 2 weeks.
PERSONNEL ISSUES
STAFF TRAVEL AND LEAVE
1/18 - 1/21

Washington, D.C.

1/18 - 1/21

Washington, D.C.

None scheduled
None scheduled
1/10- 1/14

Washington, D.C.

None scheduled
AL

1/10

(,

None scheduled

3604

 

 

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