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(

~DSTATESGO~

memorandum
February 5, 2001

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - Januaiy 2001
Christopher ErIewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES • SUMMARY REPORT

A. Administrative Tort Claims • 2001
JAN FEB MAR APR
Pending on 1a

155

Rec'd in month

35

Recons: ree'd

4

Ans'd in month

62

Pending at end

138

Over 180 days

28

JUL

]UN

MAY

AUG

ocr

SEP

NOV

DEC

B. Tort Claim Investigation Status: As of January 31. 2001
An

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

60

9

3

2

5

5

7

13

3

9

5

1

7

4

5

>60
DAYS

8

0

0

0

0

0

0

7

2

4

3

0

3

0

1

4538

(
\

SER Monthly Report -January 2001
Page 2

C. FOIIPrivacy Act Requests - 2001
JAN

Pending on 1 at

6

Rec'd in month

29

Ans'd in month

19

Pending at end

21

Over 30 days

FEB

APR

MAR

MAY

JUN

JUL

AUG

SEP

OCT

MNA

MON

PE

NOV

DEC

212

0

D. FOIA Requests for records: As of lanuary 2001
ATL

COL

EGL

EST

GUA

JES

MIA

MIM

TAL

TOG

YAZ

EDG

N

PENDING

6

6

0

I

2

0

I

0

3

0

0

1

1

I

0

>30
DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

E. ADMINISTRATIVE REMEDIES 2001

4539

(

SER Monthly Report -January 2001
Page 3

II. LITIGATION ACTIVI1Y - 2001 SOUlHEAST REGION
A. SUMMARY REPORT
FEB

JAN

Cases Open

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

310

New Cases

12

Habeas Corpus

5

FTCA

0

Bivens

5

Other

2

Bivens/FTCA

0

Lit Reports
Cases Closed

(

110·

B. SE'ITLEMENTS AND AWARDS:
Monroy-Vargas - Settlement Conference
On February 1,2001, a court-ordered mediation conference with the plaintiff took place..
Since no authority had been given to settle this matter, the conference was unsuccessful.
However, it was discovered that the attorney is out $10,000 in expenses related to the
case and he did say he would advise about a figure that he would settle for. Trial is set
for February 13, 2001.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
NEW CASES
See Religious Cases section.

HEARINGS
United States v. Luis Gines Perez, Criminal No. 98-164 (DRD) : Ex parte Court Order
requiring MDC to produce records of a cooperator to the defense attorney of the inmate
the cooperator was testifying against. Had filed an ex parte motion for an in camera
-It is noted that a number of the reported closed cases were
closed as a result of end of year litigation file review.

4540

(

SER Monthly Report -January 2001
Page 4

review of the records since many of the records requested had telephone numbers and
addresses of the family members of the cooperator. Attended in camera review of
records; explained to the judge all the excisions made and presented to the court the
reasons for the exci~ions. The Court ruled in our favor in all the excision and would
release the records under the proposed protective order and agreement of non-disclosure.
United States v. Tames Nuesmeyer, No. 00-32-CR-SEITZ, (S.D. Fla.). ISM staff at FCC
Coleman received an "Order Clarifying Sentence" from the District. Court requiring the
FBOP place an inmate with a PSF of sex offender in a community corrections center.
The United States attorney's Office refused to take remedial action and seek additional
clarification from the court. Legal staff at the institution sent letters to the District
Court Judge, United States Attorney's Office, and defense counsel advising that the
Court's "Order" would be treated as a recommendation. The Honorable Patricia Seitz
calendared the matter for Januaxy 29, 2001, but after her further review of the FBOP's
position, Judge Seitz concluded that she was without jurisdiction under 18 U.S.C.
§ 3621 to dictate the place of confinement of an inmate.
D. RELIGIOUS CASES:
(

Ricky Co-?, v. Kathleen Hawk-Sawyer. et. al., 7:00-3588-19BG. Inmate Ricky Cox,
Register Number 46910-019, seeks to file a class action against five defendants. Inmate
Cox is a Sunni Muslim who contends his first amendment rights are being violated
because the Sunni Muslims need more space to lay their prayer rugs. He contends the
that the actions of the defendants of not removing the screws in the pews in the main
chapel violates his First Amendment rights.
E. ENSIGN AMENDMENT CASES: None reported.
F. PLRA 1915 DISMISSALS:

None reported.

4541

(

SER Monthly Report -January 2001
PageS

G. CRIMINAL CASES:

An investigation into fOl:ged
conversations resulted in an inmate informant providing
intelligence about organized introduction of narcotics (heroin) into FCI Edgefield. The
matter is under investigation by the FBI.

a

,1lOU\.CO,",U'V 1

marijuana and heroin.
b7C Inmate grabbed a female staff
me:mlJer when she attempted to serve him his noon meal. Staff did not sustain any
injuries. The matter is pending.

Updates (

JORGE DEL SOL HERNANDEZ, Register Number 09649-000. On February 2, 2000,
this inmate threw a television at staff during a forced cell move. A staff member
sustained serious injuries to his spine. Inmate was arraigned on September 22, 2000.
Trial was scheduled for December 4, 2000. A psychiatric evaluation for competency was
ordered on November 28, 2000. Upon completion of the evaluation, the Court found
the inmate competent to stand trial. The jury returned a guilty verdict. A sentencing
date is pending.
III. TRAVEL SCHEDULE FORTANUARY 2001
b6
Travel -New Attorney Trng./OGC Meeting-2/26/0 1thru 3/2/0 I
Jury Duty-2!I4/01
b6
Travel-

Island - 2/4/01 thru 2/8/01
b6
Travel-

4542

SER Monthly Report -January 2001
Page 6

b6
Travelb6
Travelb6
TravelIV. Misc.:
On February 9, 2001, telephonic conference for Southeast Region legal staff will be held.

4543

UNITED STATES GOVERNMENT

(

memorandum
March 5, 2001

Date:

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

Reply to
Attn of:

Monthly Report - February 2001

Subject:

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 - 2001

IAN

FEB

Pending on 1st

155

138

Rec' d in month

35

21

Recons. rec'd

4

2

Ans'd in month

62

38

Pending at end

138

140

Over 180 days

28

54

B.

MAR

APR

MAY

lUN

AUG

lUL

ocr

SEP

NOV

DEC

Ton Claim Investigation Status: .As of February 1, 2001
ATl

COL

EDG

EGl

EST

GVA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

67

1I

3

4

5

4

4

13

2

7

4

I

7

3

4

>60

31

0

0

0

1

0

2

9

0

3

2

0

5

0

1

DAYS

4530

('

SER Monthly Report -February 2001

Page 2

C.

FOIIPrivacy Act Requests - 2001
JAN

Pending on 1 at

6

21

Rec/d in month

29

37

Ans/d in month

19

33

Pending at end

21

23

0

0

Over 30 days

D.

(

FEB

APR

MAR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

FOIA Requests for records: As of Ianuary 2001
ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PE
N

TAL

PENDING

6

6

0

1

2

0

1

0

3

0

0

1

1

1

0

>30
DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

E.

TOG

ADMINISTRATIVE REMEDIES 2001

JAN

FEB

133

136

MAR

APR

MAY

JUN

4531

JUL

AUG

SEP

ocr

NOV

DEC

YAl.

EOG

SER Monthly Report -February 2001
Page 3

(

II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Report
JAN

Cases Open

FEB

MAR

310

212

12

11

Habeas Corpus

5

6

FTCA

0

0

Bivens

5

5

Other

2

0

Bivens/FTCA

0

0

110·

10

New Cases

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

213

Lit Reports
Cases Closed

B.

Settlements and Awards:

C.

Significant Cases. Trials. Hearings, Other:
NEW CASES: No significant cases reported.

HEARINGS:
United States v. Cruz Mangual: Criminal No. 98-0194 (CCC)
Case of a former correctional officer who was charged with "knowingly engag[ ing]
in a sexual act, to wit, contact between the mouth and the penis, with S.T.L", who
was an inmate at MOC Guaynabo. Trial was to start on February 20,2001.
Alma Lopez assisted the AUSA in trial preparing. In the past, problems were
encountered regarding the victim appearing for the trial and the trial had been
postponed on several occasions. On the date the trial was supposed to start, the
defendant pled guilty to the charges. The sentencing hearing was scheduled for

·It is noted that a number of the reported closed cases were closed as a result of end
of year litigation file review.

4532

(

SER Monthly Report -February 2001
Page 4

June 27, 2001, at 4:30 p.m. The defendant is facing a sentence between 0 - 6 six
months.
TRIALS:
Vega Encarnacion v. Matthews. et al., Civil Case No. 97-1370 (D.D.R.)
Plaintiff alleges serious violations to his constitutional rights stemming from staff
actions during the passing of hurricane Hortense through Puerto Rico. The
plaintiff contends that the power generator was turned off and that he was forced
to stay in his cell without air-condition. The case was dismissed based on the
plaintiffs failure to exhaust administrative remedies. The plaintiff filed an appeal
contending that the administrative remedies program did not provide for payment
of monetary damages. Oral arguments were scheduled for March 4, 200 I. On
February 26, 2001, the First Circuit Court of Appeals issued a stay of the
proceedings pending the Supreme Court decision in the Booth.
Domingo Santana Rosa v. United States: Case No. 99-1581

(
".

Plaintiff was an inmate at MOe Guaynabo who was assaulted by another inmate.
He sued the government under the FTCA for damages caused by alleged staff
negligence in entrusting the assailant with the broom he used to assault the
plaintiff and in failing to prevent the assault. Defendant filed a motion for
summary judgment based on the ~iscretionary function exception. This motion
is pending. The plaintiff and defendant filed a joint proposed pretrial order. The
defendant was able to include an extensive explanation of the discretionary
function exception.
The defense's expert neurological surgeon examined the plaintiff and submitted
a preliminary report in which he concludes that the inmate has 100% disability.
The defendant is currently awaiting the final report from the expert to determine
which expert will be retain for trial. The bench trial has been scheduled for June
26,2001.

u.s. v. Dexter Mathis:
This is the case of the inmate imposter where a person allowed another person to
serve his sentence. The trial in this matter is scheduled for March 19, 200 I.

4533

(

SER Monthly Report -February 2001

Page 5
Salvador Magluta v. F. P. Sam Samples. et al.
Appeal No. 00-12540
Panial Decision from the 11 th Circuit Coun of Appeals.
The Co un of Appeals upheld the district coun's dismissal of the 10 nonresident
defendants. This leaves the four Georgia defendants (F. P . Sam Samples, Michael
Garrett, Fred Stock and Michael Bell) still in the case at the appellate level. The
coun has set oral argument for April 19,2001, regarding the conditions of
confinement issues raised by the plaintiff. The opinion stated the court is
especially interested in hearing argument regarding the question of whether the
Bureau of Prisons' regulation on placement in administrative detention created
a libeny interest.
Toe Mohwish and Toe White v. Waliyd Muhammad. et al.
Appeal No. 00-60279
Decision from the 5 th Circuit Court of Appeals
The court of appeals upheld the district court's dismissal as to all the claims of
Plaintiff White and the claims of Plaintiff Mohwish

OTHER
Estrada v. Swope, No . 5:99-CY-325-0C-IOGR, (M.D.Fla .)
Inmate Estrada underwent the residential drug treatment program in 1993, but
was subsequently determined to be ineligible for early release after it was
determined that he did not have a substance abuse problem. Relying on
documentation that the inmate had a severe addiction to marijuana, he was
recommended for drug treatment by the sentencing coun, admitted being a drug
addict, and was assessed as having a "high need" for ROAP, the coun found that
the inmate should be eligible for early release. While this would ordinarily give
rise to an appeal, the inmate 's release from BOP custody via Good Conduct
Release mooted the issue.

4534

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SER Monthly Report -February 2001
Page 6

D. RELIGIOUS CASES: None Reported
E. ENSIGN AMENDMENT CASES : None reported .
F. PLRA 1915 DISMISSALS:
Pedro M . De Tesus. et al v. MDC, Civil No. 99-2271 (SEC)
Summary of the case and relief requested Plaintiffs made numerous allegations
about violations to their constitutional rights . Injunctive reliefwa's requested. The
Magistrate Judge issued a report and recommendation recommending dismissal
of the plaintiffs' complaint based on the plaintiffs' failure to exhaust the
administrative remedy procedures available to him. On January 3, 2001 , Judge
Casellas issued an order adopting the report and recommendation of the
Magistrate Judge concluding that the Magistrate 's thorough legal analysis was
accurate.
III CRIMINAL CASES:
New Referrals

A.

b7C

1.

On January 31, 2001, staff received information about a possible escape plot.
Through telephone monitoring, intelligence gathering, and communications . Case
was referred on February 1, 2001.
Status of Investigation: The case was accepted for prosecution.

2.

4535

(

SER Monthly Report -February 2001
Page 7

On January 10,2001, Warden Pastrana received information about a possible
escape plot at MDC Guaynabo . At approximately 1:00 p.m., it was confirmed
that the fencing of the recreation yard's roof, Unit 3B, had been cut. MDC
Guaynabo was in lock-down at the time of this finding for a census count. Unit
3A and 3B remained on lock-down for a few days.
Status of Investigation: The FBI investigation is now in progress.
completed an After Action Review of this case.

SERa

Updates 1.

Arthur Stratton (Civilian)/USP Atlanta Case

Maurice Stratton, Register Number, 03507-015, died on March 18,2000, from
an overdose of drugs. A subsequent autopsy removed 19 balloons from . · n
s stomach. Inmate Stratton had been visited by his nephew,
_
b7C earlier in the day. SIS has video and phone surveillance of earlier
conversations and the visit that day.
Status: _
b7C tOok a plea on January 8, 2001. Sentencing on March 29,
2001 at 10:00 a.m.
2.

Billy Ned Ashley #25088-004/USP Atlanta Case

Inmate Ashley stabbed
several times with a shank.

b7C,

Status: On February 16, 2001, Ashley plead guilty to Assault with a Deadly
Weapon with Intent to do Serious Bodily Harm, in violation of 18 USC
113 (a)(3). He was sentenced to 70 months to be run consecutive to his present
sentence.
IV

TRAVEL SCHEDULE FOR JANUARY 2001
b6

Travel -

4536

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SER Monthly Report -February 2001
Page 8

Jury Duty-

b6
Travel -

b6
Travel -

b6
Travel -

b6
Travel -

b6
Travel -

b6
Travel V. MISCELlANEOUS;

4537

~TEDSTATESGOVERNMENT

(

memorandum
April 5, 2001

Date:

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

Reply to
Attn of:

Monthly Report - March 2001

Subject:

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 - 2001
JAN

FEB

MAR

Pending on 1It

155

138

140

Ree'd in month

35

21

30

Reeons. ree'd

4

2

I

Ans'd in month

62

38

50

Pending at end

138

140

lOS

Over 180 days

28

54

10

B.

APR

MAY JUN

ocr

SEP

AUG

JUL

NOV

DEC

Tort Claim Investigation Status: As of March "1. 2001
ATL

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TDG

YAZ

PENDING

42

9

8

2

3

5

3

7

4

3

3

2

5

4

5

>60

2

0

0

0

1

1

2

0

1

0

1

0

2

0

0

DAYS

4513

(
'.

SER Monthly Report -March 2001
Page 2

c.

FOIIPrivacyAct Requests - 2001
JAN

FEB

MAR

APR
29

Pending on 1 st

6

21

23

Rec'd in month

29

37

39

Ans'd in month

19

33

29

Pending at end

21

23

29

0

0

2*

Over 30 days

D.

JUN

MAY

JUL

AUG

OCT

NOV

DEC

FOIA Requests for records: As of March 2001
ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PENDING

10

3

0

1

I

0

2

0

5

0

>30

2

0

0

0

0

0

0

0

0

0

( ,. DAYS
E.

SEP

TAL

TOG

YAZ

EOG

1

2

3

0

1

0

0

0

0

0

PE
N

ADMINISTRATIVE REMEDIES 2001

JAN

FEB

MAR

133

136

211

APR

MAY

JUN

JUL

4514

AUG

SEP

ocr

NOV

DEC

SER Monthly Report -March 2001
Page 3

(

II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summcu:y Report
FEB

JAN

Cases Open

APR

MAR

310

212

213

12

11

19

Habeas Corpus

5

6

14

FTCA

0

0

0

Bivens

5

5

5

Other

2

0

0

Bivens/FTCA

0

0

0

110·

10

10

New Cases

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

222

Lit Reports
Cases Closed

(~.

c.

Settlements and Awards:
Significant Cases. Trials. Hearings. Other:

NEW CASES:
Garcia v. Swope. et al.,
Middle District of Florida
No. 5:00-CV-I02-oc-IOGRJ
Inmate Garcia injured his ankle while playing soccer in the Low Security Institution in
1998 and filed an FTCA suit in March 2000. Garcia alleges that he sustained injury due
to defectively installed sprinkler units on the institution soccer field and seeks several
million dollars in compensation as Garcia now claims he was a professional soccer player
before imprisoned. After personally inspecting the operation of the sprinkler units and
the sprinkler covers, Attorney Dan Eckhan concluded that Garcia's version of the
accident is unbelievable and requested digital photographs of the sprinkler covers. These
photographs, declarations from staff from the Recreation and Facilities Depanment, and

*Files are being retrieved from archives.

4515

(

SER Monthly Report -March 2001
Page 4

blueprint for the operation of the sprinkler system were attached to a motion for
summary judgment that was filed on March 13, 200 I.
Garcia v. Swope. et al.,
Middle District of Florida
No. 99-337-Civ-Oc-IO

Inmate Garcia filed a Third Amended Complaint in this Bivens action and the U.S.
Marshal's Service served several FCC Coleman employees. There are basically the same
allegations that Garcia has made in a sister complaint filed against the United States in
case number 5:00-CV-I02-oc-IOGRJ. In the Third Amended Complaint, Garcia finds
fault with his medical treatment and alleges discrimination under the American with
Disabilities Act. FCC Coleman Legal is currently processing the defendant's
representation requests.
Parrott v. Holden. et al.,
Middle District of Florida
No. 5:00-C-V-303-0c-IO

(

The plaintiff in this Bivens action claims that staff violated his Eighth Amendment rights
when they forced him to work in a locked tool room for several hours each day. The
plaintiff claims that he was forced to climb over a "dutch" or half-door to use the
bathroom and injured his shoulder in the process. The defendants indicate the that the
plaintiff never was forced to remain in the room for more than an hour, never
complained about the situation, and was instructed not to climb over the door. The
plaintiff is also alleging staff retaliated against him after he threatened them with suit.
FCC Coleman Legal is currently processing the defendant's representation requests.
Bob Custard v. Craig Robinson. et aI,
Northern District of Georgia
Civil Action No. I :99-CV-3285-CAM

Summary of the issue(s) and dispOSition: Inmate Custard alleged he was confined in a
cell in SHU for fourteen days without lights. Judge did not rule in our favor concerning
exhaustion of administrative remedies. Order, January 13, 2001, from Judge Moye
granting our motion to dismiss as to defendants Fernandez, Ifill, and Scott. Denied as
to Wynder, Robinson, and Vise,
United States v. Hernandez. aka Cuanas,
Southern District of Florida
Case No. 95-349-Cr-Roettger; 95-481-Cr-Roettger; 97 -956-Cr-Roettger'

4516

(

SER Monthly Report -March 200 I
Page 5

At sentencing the defendant sought a downward departure by alleging that the Bureau
caused him excessive suffering and agony during pretrial confinement by failing to
address his mental health needs and by failing to provide him with the medications
prescribed on over 150 occasions. In
.
.

HEARINGS:
TRIALS:

u.s. v. Dexter Mathis:
Northern District of Georgia
I :00-Cr-1345

(

This is the case of the inmate imposter where a person allowed another person to serve
his sentence. Trial in this matter began on April 2, 2001. On April 3, 200 I, the jury
returned verdicts of guilty on both countS; Failure to Appear and Conspiracy to Defraud
the Government. Sentencing is scheduled for June 25, 200 I.
United States v. Hernandez. aka Cuartas,
Southern District of Florida
Case No. 95-349-Cr-Roettger; 95-481-Cr-Roettger; 97-956-Cr-Roettger
The Court had previously sentenced the defendant and ordered that he receive 150%
jail credit for the period of time spent in federa l custody. Upon learning that the Court
lacked jurisdiction to enter this order, the Judge declared the sentence to be in clear error
and scheduled a resentencing. Defense counsel filed a motion for downward departure
based on the FDC's alleged failure to address the defendant's mental health concerns as
well as claims that the defendant was not receiving his medications as prescribed.
Ultimately, the Court found it lacked jurisdiction over the matter because I) the
statutory time frame during which the Court could modify the sentence had passed and
2) because defense counsel had filed a notice of appeal which deprived the district court
of jurisdiction over the case.
Monroy-Vargas v. United States,
Southern District of Florida
Case No. 99-1 635-Civ,Moreno

4517

(

SER Monthly Report -March 2001
Page 6

This is the FTCA case wherein the plaintiff alleges that medical personnel committed
malpractice in treating what was eventually diagnosed as herpes in his eye. Discovery,
settlement negotiations, and trial preparation have been underway for several months.
Trial is scheduled to begin April 3, 2001.
CLOSED
Mingo v. Sively. et al.
Northen District of Alabama
Civil Action Number 98-N-3042-E
Petition Denied and Dismissed with Prejudice
March 22, 2001
Hornsby v. Swope
Middle District of Florida
Civil Action Number 5:99-cv-305-0c-l OGRJ
Petition Denied and Dismissed with Prejudice
March 20, 2001

(

u.S. v. Hernandez. aka Cuartas
Southern District of Florida
Case No.: 95-349-Cr-Roettger; 95-481-Cr-Roettger; 97 -956-Cr-Roettger
Motion for downward departure dismissed.
March 21,2001
Todd Graves v. Parks. et. al.,
Civil Action Number 9:00-2627-13RB.
Habeas. Court granted the Respondeat's Motion for Summary Judgment
February 15, 2001.
Charles lequire v. United States,
Civil Action Number 6:00-1275-23AI<.
Habeas. Court granted the Respondeat's Motion for Summary Judgment/30 days to
resubmit.
August 22, 2000.
Noah Robinson v. M. E. Ray,
Civil Action Number 2 :00-1 071-08AJ.
Habeas. Court granted the Petitioner's Motion to Withdraw Action
March 1,2001.

4518

(

SER Monthly Report -March 2001
Page 7

Edward Saunders v. M. L. Batts. et. al.,
Civil Action Number 4:99-3096-13BF.
Bivens. Court granted the Respondeat's Motion for Summary Judgment
October 2000.
Andre Twitty v. M. E. Ray,
Civil Action Number 4:00-0421-23BF.
Bivens. Court dismissed case without prejudice for Failure to Exhaust
March 30,2001.

OTHER
D. RELIGIOUS CASES:

Ricky Cox v. Kathleen Hawk Sawyer. et. al.
District of South Carolina: 7:00-3588-19BG
Bivens Action
(
"

Inmate Ricky Cox, register number 46910-01 9, is attempting to file a class action against
five defendants. Inmate Cox is a Sunni Muslim who contends his first amendment rights
are being violated because the Sunni Muslims need more space to lay their prayer rugs.
He contends that the actions of the defendants of not removing the screws in the pews in
the main chapel violates his First Amendment rights. The Plaintiff is seeking monetary and
injunctive relief
.
E. ENSIGN AMENDMENT CASES: None reported.
F. PLRA 1915 DISMISSALS: None reported.
G. 3621(e) CASES: None reported.
Eugene Harris v. C.I. DeRosa
Middle District of Alabama
Civil Action No.01-D-295-N

(

The gravamen of the Harris' allegation is that he is eligible for sentence reduction under
18 U.S.C. 3621 (e), but he has been denied eligibility. He asserts a contract with the
Bureau of Prisons and the Bureau of Prisons does not intend to honor the agreement.
Harris also argues he is eligible because he completed part of the Residential Drug Abuse

4519

SER Monthly Report -March 2001
Page 8

(

Program during the time when Kilpatrick v. Houston, 197 F.3d 1134 (11 th Cir. 1999)
was controlling law in this circuit.
He seeks an order directing the Bureau of Prisons not to apply proVisions of its Program

III
A.

CRIMINAL CASES:

New Referrals
l.

b7C

Inmate(s):
FCC Coleman

Possession of serious contraband - On March 25 , 200 I , Officer conducting
shakedown of inmate's personal property found a radio with battery
charge pack attached. While attempting to remove charge pack, officer
cut his finger on a razor blade that had been placed inside the battery
charge pack.

(

Status:

Declined 03/27/01

2.

On March 5, 2001, Inmate
s~ate _
in the
nose with a closed fis~ch time inmate _~e floor and
was treated
was kicked by inmate _
on the left arm. Inmate _
for a swollen nose, l a c e r . · the left side of the nose and abrasions on
the left arm. Inmate
was examined and treated for minimal
swelling of the right middle finger. b7C
Status:
3.

Declined 03/27/01

Inmate(s):
FCC Coleman

b7C

4520

(

SER Monthly Report -March 2001
Page 9

On March 26, 2001 ,
led smoke coming from cell , entered cell
and observed
wiping a leafy substance off the desk into
his hand. Inmate
the staff member when he attempted
to retrieve the substance and flushed the substance down the toilet. A
struggle ensued and the inmate threw a plastic bag containing the
substance into the toilet. The offi~shed to the floor as the inmate
again flushed the toilet. Inmate _
refused the officer's order to
place his hands behind his back in order for restraints to be applied. The
officer gained control of the inmate and applied the handcuffs. The
officer received a scrape and abrasion to his left elbow and arm. b7C
Status:
4.

Pending

Jorge Del Sol Hernandez, Register Number 09649-000 b7C
FCr Taladega
Previously Reported
On February 2, 2000, the above inma~vision at staff during
a forced cell move. Staff member, _ _ b6 received serious
injuries to his back (spine) .

(

Status:
Trial was held on January 16- I 7, 2001. The jury returned a guilty
verdict. On March 27, 2001, detainee Jorge Del Sol Hernandez was sentenced
in the case of the
CR-00-C-323-E, for violating 18
U.S.c. § 111(b) (assaulting
b6 with a deadly weapon) . The
inmate's guidelines range was 120-150 months. As the maximum penalty for the
offense is ten years, the maximum sentence the court could impose was the
minimum guideline applicable. The court found no basis for departure and
sentenced Del Sol to 120 months incarceration. At the hearing the Judge advised
that he felt the detainee was being held illegally and that such

,

.

IV ITS POSTINGS: No discrepancies reported.
V TRAVEL SCHEDULE FOR JANUARY 200 I
b6
Travel -

4521

SER Monthly Report -March 2001
Page 10

(

Jury Duty-

b6
Travel-

b6

~b6
Travel-

b6
Travel

b6
Travel-

b6

(
.~.

TravelVI MISCELLANEOUS:
b2

4522

(

UNITED STATES GOVERNMENT

memorandum
May 5,2001

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - April 2001
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 - 2001
JAN

FEB

MAR

APR

Pending on 1It

155

138

140

105

Rec'd in month

35

21

30

40

Recons. rec'd

4

2

1

0

Ans'd in month

62

38

50

61

Pending at end

138

140

105

113

Over 180 days

28

54

10

9

B.

>60 DAYS

ocr

SEP

AUG

NOV

DEC

ATL

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAl.

33

9

9

6

1

6

7

9

5

2

4

3

6

6

7

7

0

0

0

0

0

0

0

0

0

0

0

2

0

0

JUN

JUL

OCT

NOV

FOJlPrivaQ' Act Requests - 2001

r
I

JUL

Tort Claim Investigation Status: As of April 1, 200 I

PENDING

c~

MAY JUN

JAN

Pending on 1 st

6

FEB

MAR

APR

21

23

25

MAY

4523

AUG

SEP

DEC

~ER Monthly Report -April 2001
iage2

(....

Rec'd in month

29

37

39

Ans'd in month

19

33

29

Pending at end

21

23

29

Over 30 days

0

0

2*

FOIA Requests for records: As of April 2001

D.

ATL

COL

EGl

EST

GVA

JES

MIA

MIM

PENDING

8

3

1

0

0

0

5

0

>30
DAYS

2

0

0

0

0

0

0

0

E.

( ..
'."

,

MON

PE
N

TAL

1

1

0

0

0

0

AUG

SEP

MNA

TDG

YAZ

EDG

1

2

0

3

0

0

0

0

ADMINISTRATIVE REMEDIES 2001

JAN

FEB

MAR

APR

133

136

211

178

MAY

JUN

JUL

4524

OCT

NOV

DEC

(

. '.

~ER

Monthly Report -April 2001
Jage3

·11. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Report
JAN

Cases Open

FEB

APR

MAR

MAY

310

212

213

222

12

11

19

20

Habeas Corpus

5

6

14

8

FTCA

0

0

0

1

Bivens

5

5

5

9

Other

2

0

0

2

Bi'Vens/FTCA

0

0

0

0

110·

10

10

11

New Cases

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Lit Reports
Cases Closed

(

B.

Settlements and Awards: None reported.

C.

Significant Cases. Trials. Hearings. Other:

'-

NEW CASES: No significant cases reported.
Weaver v. Meehan. et al.,
OI-32S-CIV-HUCI< (S.D. Fla).
CASE SUMMARY: This is a Bivens action in which the plaintiff makes a variety
of allegations, including that he was subject to unlawful search and seizure, that
his legal mail was unlawfully reviewed, that a conspiracy took place between the
defendants to stalk his common law wife, that he was physic~lly assaulted in a
holding cell at the courthouse, and that the BOP staff faile~ to prOvide him
appropriate medical treatment for his injuries. The Plaintiff is not represented by
counsel.
Thomas Kiracofe v. Administration. et. aI.,
9:00-3131-13RB

*One of those files has been requested from archives.

4525

(

~ER Monthly Report

-April 2001

.)age 4

This is a Bivens lawsuit filed against Controller at FeI Edgefield, Sandra
McGinnis, and Correctional Counselor at USP Pollock, Jimmy Parker. The
Plaintiff alleges Defendant McGinnis violated his right of access to the courts by
not returning a financial certificate he submitted to her. The Plaintiff also alleges
that Defendant Parker assaulted him.
HEARINGS:
United States v. Iaime Perez Ayala
Criminal case in which the Magistrate Judge Delgado called my office to inquire
about the medical conditions of the inmate and the medication he was taking.
Together with the Health Services Administrator (medical officer was not
available), we explained to the judge what the inmate's condition was and the
medication he was taking.
TRIALS:

(

Monroy-Vargas,
Case No. 99-1635-Civ-Moreno (S.D. Fla.)
Monroy-Vargas case went to trial on April 3, 2001 and ended on April 4, 2001. We
presented four witnesses; two medical staff members who testified regarding the inmate's
care; William TrattIer, M.D., who testified regarding the nature of the herpes disease and
the treatment the inmate received, and Liz Garcia testified regarding the Bureau's policy
on medical records and the plaintiffs various transfers during the time period in
question. The plaintiff presented two witnesses; the plaintiff/inmate and their expert Dr.
Insler. The case is pending decision by the judge.

4526

' <:;ER Monthly Report -April 2001
(, ,.:'age5

OTHER
Bob Custard v. Craig Robinson. et al.
Civil Action No.1 :99-CV-328S-CAM (N.D. Ga.)
Inmate .Custard alleges he was confined in a cell in SHU for fourteen days
without lights. Judge did not rule in our favor concerning exhaustion of
administrative remedies. Order, January 13,2001, from Judge Moye granting our
motion to dismiss as to defendants Fernandez, Ifill, and Scott. Denied as to
Wynder, Robinson, and Vise.
CLOSED CASES
Trowers v. Willey. et al.
N.D. AL, Civil Action Number CV-00-N-0738-NE
Petition Denied and Dismissed with Prejudice
March 27,2001
Carter v. Wiley
N.D. AL, Civil Action Number CV-00-C-OSI0-E
Petition Denied
April 9, 2001
Meyer v. Wiley. et al.
N.D. AL, Civil Action Number CV-99-PT-3092-E
Petition Denied and Dismissed with Prejudice
April 9, 2001
Fessman v. Wiley
N.D. AL, Civil Action Number CV-00-N-1343-E
Petition Denied and Dismissed with Prejudice
April 9, 2001
Jones v. Wiley
N.D. AL, Civil Action Number 00-1 6496-F
Eleventh Circuit - 00-16496-F
Appeal Dismissed at Appellant's Request
April 12,2001

4527

(

<:;ER Monthly Report -April 2001
,'age 6

D.

RELIGIOUS CASES:
Ricky Cox v. Kathleen Hawk Sawyer. et. al.
District of South Carolina: 7 :00-35 88-198G
Inmate Ricky Cox, register number 46910-0 19, is attempting to file a class action
against five defendants. Inmate Cox is a Sunni Muslim who contends his first
amendment rights are being violated because the Sunni Muslims need more space
to lay their prayer rugs, He contends that the actions of the defendants of not
removing the screws in the pews in the main chapel violates his First Amendment
rights. The Plaintiff is seeking monetary and injunctive relief

III

E.

ENSIGN AMENDMENT CASES: None reported,

F.

PLRA 1915 DISMISSALS: None reponed,

CRIMINAL CASES:

A

t.
IV

New Referrals: No significant reports.

TRAVEL SCHEDULE FOR JANUARY 2001

b6
Jury Duty-

b6
Travel -

b6
. . . . b6
Travel -

b6
Travel -

b6
Travel -

4528

(

<;ER Monthly Report -Apri l 2001
.'age 7

b6
Travel V.

MISCELLANEOUS:

4529

"

I
!

t ,"

UNITED STATES GOVERNMENT

memorandum
June 5,2001

Date:
Reply to
Attn of:

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

Subject:

Monthly Report - May 200 I
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I.

ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
Administrative Tort Claims - 2001

A.

JAN

FEB

MAR

APR

MAY

JUN

Pending on 15t

155

138

140

105

113

112

Rec'd in month

35

21

30

40

32

Recons. rec'd

4

2

1

0

1

Ans'd in month

62

38

50

61

64

Pending at end

138

140

105

113

112

Over 180 days

28

54

10

9

9

B.

NOV

DEC

Tort Claim Investigation Status: As of Tune 2. 2001

PENDING

>60 DAYS

C.

ocr

SEP

AUG

JUL

An

COL

EOG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

36

7

9

5

2

5

7

8

7

3

4

3

3

7

5

8

0

0

0

0

0

0

0

3

2

1

0

I

0

0

JUL

FOIIPrivacY Act Requests - 2001
JAN

Pending on 1 at

6

FEB

MAR

APR

MAY

JUN

21

23

29

25

17

4667

AUG

SEP

OCT

NOV

DEC

SER Monthly Report -May 200 1
Page 2
Rec'd in month

29

37

39

25

28

Ans'd in month

19

33

29

31

37

Pending at end

21

23

29

25

17

0

0

2*

2*

0

Over 30 days

FOIA Requests for records: As of Tune 2001

D.

ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

PENDING

4

2

1

2

1

0

0

0

0

2

>30
DAYS

2

0

0

0

0

0

0

0

0

0

E.

EDG

TAL

TDG

0

1

1

1

2

0

0

0

0

0

YAZ

ADMINISTRATIVE REMEDIES 2001

JAN

FEB

MAR

APR

MAY

133

136

211

178

272

JUN

JUL

4668

AUG

SEP

OCT

NOV

DEC

<)ER Monthly Report -May 2001
/age 3

II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Report
JAN

Cases Open

FEB

MAR

APR

JUN

MAY

310

212

213

222

231

12

11

19

20

19

Habeas Corpus

5

6

14

8

16

FTCA

0

0

0

1

0

Bivens

5

5

5

9

3

Other

2

0

0

2

0

Bivens/FTCA

0

0

0

0

0

110·

10

10

11

14

New Cases

JUL

AUG

SEP

OCT

NOV

DEC

236

Lit Reports
Cases Closed

B.

Settlements and Awards: None reported.

C.'

Significant Cases. Trials. Hearings. Other:
NEW CASES:
Isreal Garcia v. Willie Scott,
Ol-CV-456 (ODE) (N.D. Ga).
Inmate alleges that he has been held in an Administrative Detention status for
over two years without the appropriate notice of review.
Clifford Lewin v. Warden Scott. et. aI.,
I:OO-CV-1124-RWS (N.D. Ga)
Plaintiff alleges that he was injured when staff at USP Allenwood forced him to
carry a bag of books and grabbed his handcuffs. Plaintiff alleges that some of his
property was last at USP Atlanata when he was transferred to another institution.
Plaintiff also alleges that he was sexually assaulted when he was searched.

*A file has been requested from archives.

4669

<;:ER Monthly Report -May 2001
~ge4

Carlos Ala Santiago v. Luis A. Pastrana.
Civil No. 01-1577 OAF)
Habeas Corpus petition in which inm~te requests a hearing concerning alleged
constitutional rights violations, and to seek release from custody. Essentially,
petitioner contended that he has not eaten since he arrived at MDC Guaynabo
as his religious beliefs preclude him from consuming any food while incarcerated.
Petitioner contended that Warden Pastrana denied him access to drinldng water
which was necessary for his well-being. A telephone conference with the judge
was conducted and Dr. Carbonell (visiting doctor from Atlanta) and John Jones,
HSA, explained to the judge the inmate's n:tedical condition. The judge issued an
order for us to respond to the inmate's allegations. A medical summary was
submitted to the Court. This case received a lot of media attention as the
petitioner is one of the individuals (university professor) who trespassed in
Vieques.
On May 7, 2001, the Court issued an order finding that the
petitioner's rights were not vio.1ated and that since he was no longer in custody,
his petition was rendered moot.
Carlos Ala Santiago. et a1 v. Luis A. Pastrana
Civil No. 01-1579
Group of Vieques trespassers filed a complaint seeking a temporary restraining
order, a preliminary injunction, and a permanent injunction seeking to stop the
visual cavity searches conducted at MOC upon their arrival and before and after
receiving outside visitors. The plaintiffs seek to be representatives of the class of
inmates under their same condition. Plaintiffs sought $1,000,000 in monetary
damages for the violation to their constitutional rights alleging that they were
being held in custody for a petty offense and as a result, the visual cavity searches
was extreme. In a case of first impression, the plaintiffs not only challenged this
. practice at MDC Guaynabo, but also challenged the constitutionality of the Code
of Federal Regulations which mandated such a practice. An declaration from the
Captain about the security concerns involved in not enforcing visual. cavity
searches for all inmates. Staff Attorney Lopez, together with AUSAs worked on
this case (Criminal Division Chief Jorge Vega, Civil Division Chief Miguel
Fernandez, AUSA Camille Velez), she explained the reasons grounded on security
for conducting these searches on all inmates, regardless of the crime for which
they are incarcerated and the possible national repercussions that ruling in favor
of the plaintiffs could have on the federal correctional system as we know it. On
May 10, 2001, the Court dismissed this case based on the plaintiffs' failure to
exhaust the administrative remedies available to them.

4670

SER Monthly Report -May 2001
Page 5

HEARINGS:
United States v. Todd Gilbertson
l:00-CR-055 (N.D. Ga.)
stemming from an assault on inmate
with a sharpened weapon. A
1. On May 18, however, inmate
suppressIOn
Gilbertson opted
a plea on the charge. He was sentenced to five years
consecutive to the time he is currently serving.
,""'U);'_'

u.s. v. Shotts
CR-95-PT0310-S
At re-sentencing, counsel for defendant raised the inadequacy of medical care as a basis
for a downward departure from the sentencing guidelines. The defense also maintained
that the BOP uncostitutionally prevented the inmate from receiving a halfway house
placement. Since December 2000, staff worked extensively to advise the AUSA on this
matter. Numerous subpoenas were served upon FCI staff. A hearing was held on May
31, 2001, concerning this matter. The court· allowed the defense expert, a radiologist,
to offer testimony, but the court cut short the testimony of our Clinical Director. The
court did not grant the motion for downward departure. The court, however, did
strongly recommend that the inmate receive the tests recommended by the neurosurgeon
and that the inmate receive a prompt halfway house placement.
TRIALS: None
OTHER
Garcia v. U.S .
S :OO-CV-1 02-0c-l OGR]
Inmate injured his ankle while playing soccer in the Low Security Institution in 1998.
Inmate filed an FTCA suit in March 2000 claiming that his injury was a result of the
defectively installed sprinkler units on the soccer fields . Though the U.S. had filed a
motion for summary judgement and the time for discovery had passed, the District
Court amended its earlier order and extended discovery until May 21, 2001.

4671

SER Monthly Report -May 2001
Page 6

CLOSED CASES
Garcia v. Scott
Civil Action Number 01-CV456 (N.D. Ga.)
Closed by order-Failure to state a claim.
March 24, 2001
Kiracofe v. Serrano. et al.
Civil Action Number 9:01-3218-13R
Summary JudgementlPetition dismissed
May 2, 2001

D.

RELIGIOUS CASES: None

E.

ENSIGN AMENDMENT CASES: None

F. PLRA 1915 DISMISSALS: None reported.
III CRIMINAL CASES:

Incident: On May 6, 200 I , at approximately 11:30 a.m., Unit G-East was placed on lock
down because the unit officer found the referenced inmates in their cell bleeding from cuts
to their body.
Status: Matter referred

to

FBI.

Incident: On April 2, 2001, inmate intentionally struck unit officer with wheelchair and
then lunged toward officer and fell to the floor. The officer sustained a mild contusion to
his right lower leg. Inmate sustained no apparent injury.
Status: Declined.

4672

(\l)

'D

SER Monthly Report -May 2001
Page 7

Incident: On April 3, 2001 , while removing the handcuffs from the referenced inmate, the
inmate attempted to grab and pull the handcuffs from the unit officer. Staff sustained a
minor cut to his left thumb. The inmate sustained a minor bruise to his right wrist.
Status: Declined.

Incident: On May 28, 2001, inmat~fatally stabbed inmate. while in front of
the housing unit.
Status: Case being investigated by the FBI.

IV

TRAVEL SCHEDULE FOR MAY 2001

Travel-- May 16, 2001 thru May 18, 2001IPensacolalMediate fitzgerald

Travel - May 16, 2001 thru May 18, 2001IPensacoialMediate Fitzgerald

Travel-May 21,2001 thru May 22, 200l/Los Angelslll.S . v. Roy Green
May 16,2001 thru May 18, 2001IPensacolalMediate Fitzgerald

Travel-May

25,

2001/Usp

Leavenworth/DepositionIWiIliams

Travel -

Travel- May 16, 2001 thru May 18, 2001IPensacolalMediate Fitzgerald

Travel -

4673

v.

Scott

· SER Monthly Rep ort -May 2001
Page 8

V.

MISCELLANEOUS:
1 at USP Atlanta, Court issued an order for a blood sample of inmate
had been on a hunger strike since
May 23, 200 1.
staff to draw his blood and there was
concern that the inmate would reach a critical point during the Memorial Day extended
weekend. AUSA Mary Roemer obtained the court Order. Staff did not have to use the

~~.

31 2001 , at USP Atlanta, Court issued a force feed Order for i n m a t e _

This inmate was designated to the USP on
May 21, 2001 from
P Allenwood where he had been on a hunger strike from March
5,2001 through March 23 , 2001. This inmate had previously been force fed at USP
Allenwood. On May 24,2001, inmate began his hunger strike at USP Atlanta. AUSA
Pat Stout obtained the court Order and the inmate was force fed on June 1, 2001.
Fcr Edgefield has been in a lock down status since May 28, 2001 because the homicide

which was reported above.
i

4674

~~

UNITED STATES GOVERNMENT

memorandum
July 5, 2001

Date:

Attn of:

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

Subject:

Monthly Report - June 2001

Reply to

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 - 2001

JAN

FEB

MAR

APR

MAY

JUN

JUL

155

138

140

105

113

112

136

Rec'd in month

35

21

30

40

32

54

Recons. rec'd

4

2

1

0

1

3

Ans'd in month

62

38

50

61

64

55

Pending at end

138

140

105

113

112

136

Over 180 days

28

54

10

9

9

9*

) Pending on 1n

B.

SEP

AUG

OCT

NOV

DEC

Tort Claim Investigation Status: As of Tune 2. 2001
ATL

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAl.

PENDING

36

7

9

5

2

5

7

8

7

3

4

3

3

7

5

>60 DAYS

8

0

0

0

0

0

0

0

3

2

I

0

1

0

0

C.

FOIIPrivacyAct Requests - 2001

J
.f Pending on 1 Bt

JAN
6

FEB

MAR

APR

MAY

JUN

JUL

21

23

29

25

17

19

4675

AUG

SEP

OCT

NOV

DEC

. . SER Monthly Report -June 2001
Page 2
Rec'd in month

29

37

39

25

28

Ans/d in month

19

33

29

31

37

Pending at end

21

23

29

25

17

0

0

2

2

0

Over 30 days

FOIA Requests for records: As of July 200 I

D.

ATL

COL

EGL

EST

GUA

]ES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

EDG

PENDING

7

4

0

0

0

3

I

0

0

0

0

0

I

2

1

>30
DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Administrative Remedies 2001

E.
JAN

FEB

MAR

APR

MAY

TUN

133

136

211

178

272

182

JUL

SEP

AUG

OCT

NOV

DEC

II. LITIGATION ACTIVITY - 2001 S'OUTHEAST REGION

A

Summary Report
JAN

Cases Open

FEB

MAR

APR

MAY

JUN

310

212

213

222

231

236

12

11

19

20

19

20

Habeas Corpus

5

6

14

8

16

13

FTCA

0

0

0

1

0

1

Bivens

5

5

5

9

3

5

Other

2

0

0

2

0

1

Bivens/FTCA

0

0

0

0

0

0

110

10

10

11

14

39

New Cases

Lit Reports
Cases Closed

B.

Settlements and Awards: None reported.

4676

JUL

217

AUG

SEP

OCT

NOV

DEC

SER Monthly Report -June 2001
Page 3

C.

Significant Cases. Trials. Hearings. Other:
NEW CASES:

Miller v. S\vope (FCC Coleman)
Civil Action Nunlber 5:01-CV-163-0c-IOGRJ (MD FL)
In this FTCA matter and also injunctive relief, the inmate claims that the FBOP
has neglected to properly treat his diabetes. According to Health Services Staff
the treatment sought by the inmate cannot be provided in a secure environment
because it requires blood sugar levels to be measured several times a day and
insulin levels adjusted accordingly. The AUSA has advised that he will not take
any action on the injunctive petition until ordered to do so by the court.
Layland v. United States of America (FCC Coleman)
Civil Action Number 2:01-CV-0076-ST (D UT)
In this Section 2255 petition, the inmate is attacking his conviction on the
grounds of ineffective assistance of counsel. Inmate is seeking recordings of
conversations between him and his attorney maintained by FCC Coleman's SIS
Office. The AUSA has advised that the recordings should be provided to the
inmate pursuant to an order from the district court allowing limited discovery.
Staff at FCC Coleman are working with the AUSA on this matter due to the
obvious impact that any such release may have on the operation of the
institution.

u.s. v. Norberto Morales (MDC Guaynabo)
Criminal Number 99-185 (CCC)
Motion filed by defendant challenging his placement in the Special Housing
pending an investigation for a possible violation to BOP regulations. The
defendant contends that his rights are being violated as he has been placed in
"disciplinary segregation" without a hearing. Defendant contends that his
placement in segregation violated BOP regulations and the constitutional rights
of the defendant. A litigation report is being prepared.
U.S. v. Iack.eline Iackson (MDC Guaynabo)
Criminal Number 01-419 (DRD)
Motion filed by defendant challenging the visual searches conducted by
correctional staff at MDe. Defendant contends that the visual searches are
unreasonable and unjustified as staff did not have a reasonable suspicion of her
intent to introduce contraband in the institution. The defendant's refusal to
submit to the searches resulted in her placement in the SpeCial Housing Unit. In
relying on the First Circuit Court of Appeals decision in Roberts v. Rhode Island,

4677

) SER Monthly Report -June 2001
Page 4

239 F.3d 107 (1st Cir. 2001), the defendant requested the immediate cessation
of the visual searches and the immediate end of using solitary confinement as
punishment for said violations. At sentencing, the defendant sought to argue this
motion, but Judge Dominguez dismissed the motion following the court's decision
in Carlos Ala Santiago. et al. V. U.S., Civil Number 01-1579 (JAG), in which the
Court dismissed the complaint based on the defendant's failure to exhaust
administrative remedies.
HEARINGS: None Reported
TRIALS:

u.s. v. Larry Bragg (FCI Tallahassee)
Criminal Number 4:00-cr-61-RH
This matter involved the crilninaI trial of a staff member and one inmate. On
Apri16, 2001, Staff member was convicted on all four of the counts. On June 15,
2001, he was sentenced to 37 months, restitution of $7,500, and given three
years probation. He is scheduled to self-report sometime in August 2001.

u.s. v. Mathis (Atlanta!Jesup)
Criminal Number 1:00-CR-855-01-0DE
This is the case of the inmate imposter. On June 21, 2001, the inmate who
should have served the original 20 month sentence received consecutive sentences
of 30 months and 18 months to run consecutive to his original sentence.
OTHER
Bob Custard v. Craig Robinson. et al. (USP Atlanta)
99-CV-3285-CAM (N.D. GA)
On May 17, 2001, Judge Moye issued an Order directing the Clerk of Court to
enter judgment for plaintiff on the issue of liability. On June 4, 2001, AUSA filed
Defendants' Motions for Reconsideration of Order and Judgment or, in the
alternative, Relief from Judgment or Order.
CLOSED CASES
Algernon Stewart v. Willie Scott (USP Atlanta)
Civil Action Number OO-CV-0757-JOF (N.D. GA)

4678

SER Monthly Report -June 2001
Page 5

Petition denied.
June 20, 2001
Parrot v. Holden (FCC Coleman)
Civil Action Number 5:00-CV-303-0C-lOGRJ (MD. Dist. FL)
Dismissed without prejudice
June 22, 2001
Noah Robinson v. M.E. Rav (FCI Edgefield)
Civil Action Number 2:00-945-8AJ (Dist. Of SC)
Dismissed (Summary Judgement)
June 26, 2001
Monroy-Vargas v. U.S. (FDC Miami)
Civil Action 99-1635-Civ-Moreno (S.D. FL)
Judgement for U.S .
June 26, 2001
Victor Vega Encarnacion v. Robert Matthews iMDC Guaynabo)
Civil Number 00-1699 (appeal)
Vacated and affirmed lower court ruling.
June 7, 2001
Benjamin Lopez Pena v. U.S. (MDC Guaynabo)
Civil Number 00-2060 (SEC)
Dismissed without prejudice
June 14, 2001
D.

RELIGIOUS CASES: None reported.

E.

ENSIGN AMENDMENT CASES: None reported.

F.

PLRA 1915 DISMISSALS : None reported.

III CRIMINAL CASES:

Incident: On June 19,2001, a visitor was observed laying on the floor bleeding from her
mouth and nose. The inmate was standing apprOximately 4 feet away observing his wife
laying on the floor and making no attempt to assist her. The visitor suffered a cut on her

4679

SER Monthly Report -June 2001
Page 6

upper lip, a bruise above her left eye, and had blood on her right hand. An inteIViewwas
attenlpted with
, but she declined to have photographs taken or make a
statement, refused medical attention, and departed the institution. There were no staff
witnesses to the actual assault.
IV

TRAVEL SCHEDULE FOR JUNE 2001

n"""'I~~1"'9-

V.

June 19th _22nd Attended CCM Conference to teach Standards of
to contractors and transitional services staff.

MISCELlANEOUS:

!

;'

/

4680

'()P

 

 

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