.

;"

. f'

FEB

5192~
1

UNITED STATES GOVERNMENT
MEMORANDUM

DATE:

January 26, 1996

TO:

Wallace Cheney, General Counsel
Bureau of prisons, Central Office
320 First street, N.W.
Washington, D.C. 20534

ATTN: Nancy

p~

Redding, EXecutive Assistant

lfit\c

FROM:

Sherree L. sturgis, Regional Counsel
't:.-.
Bureau of prIsons, Southeast RegioQ ;
523 MCDonough Blvd., S.E.
l) \
Atlanta, GA 30315
' - ,.

RE:

First Quarter Report FY 96
It /

/.~.'

The following information is provided for the fourth Quarter (October, November,
DeCember) 1995.
/'

\.

Litigation

.
'-'0 . . . . .

NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER OF LITIGATION REPORTS
NUMBER PENDING
NUMBER CLOSED
NUMBER OF HEARINGSITRIALS
NUMBER OF SETILEMENTS
AMOUNT OF AWARD

46
15
10

17
4
40

546
57

o

4
5203,120.00

Significant Case Activity
Raoul Chasse v. United States, FGAN, 1:94-CV-2404-MHS. This Federal Tort Claims Act case
involves a Civilian suing the government based on an accident in Atlanta that occurred
in 1992 in a rental vehicle driven by a BOP employee on travel status. On November 20,
1995, the case was settled by Budget'Rental Car for 53,000.00.

2879

2

(

Richard E. Smith. M.D. v. united States. FDSC, CV-95-417-19. This is an employee claim in
which a doctor at FCI, Estill in 1994 alleges he invOluntarily terminated his employment
for health reasons after facility failed to provide him with adeQuate staffing. The case
was initially filed in South CarOlina's state court. By Order dated October 16, 1995,
judgement was granted in favor of the government on the pay comparability claim.
The counterclaim of the former employee for relocation expenses was dismissed
without prejudice for failure to exhaust administrative remedies.
Gerard V. spanuolo v. Federal Bureau of Prisons. et aI., FFLS, 91-0035-CIV-Hoeveler. This is
a personal liability action in which a pretrial MCC, Miami Inmate was forced to take a
pSYChotropic medication in September, 1987. He claims excessive force was used to
effect treatment. A November 14,1995 Order dismisses FTCA case because the inmate
did not present any declarations from medical professionals to rebut those presented
by the government showing the reasonableness of the forced medication.
The criminal trial in u.S. v. Augusto Guillermo Falcon. et al (91-606Q-CR-MORENO, SD/FU
commenced in October, 1995 and continues. The charges involve accusations that the
defendants were Involved in a large criminal conspiracy which imported many, many
tons of cocaine into the South Florida area for over ten years beginning in the. late
19705', amassing an extremely large fortune in money and property. The prosecution is
expected to rest at the end of January or the beginning of February, and the
.
defendants will then present their defense.
An Indictment was issued on November 21,1995, in the criminal case of u.S. v. Battle.
The charges involve the stabbing death of a USP Atlanta Correctional Officer in
December, 1994. Arraignment was on December 4, 1995.
Federal Tort Claims Act/Employee Claims
NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
MEDICAL
WRONGFUL DEATH
PERSONAL INJURY AND
PERSONAL PROPERTY
NUMBER PAID
AMOUNT PAID
NUMBER DENiED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

146
126
19

o
o

1
39
$4627.00
71
141
10
25.00 DAYS

NOTE: Two of the overdue tort claims cannot be completed because of OIA
investigation into the inmate's claims which pre-empt completion of the institution
investigation.
*************

2880

3

(

FOI/PA

",

NUMBER RECEIVED
NUMBER CLOSED
NUMBER PENDING
TOTAL NUMBER OVERDUE
NUMBER OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS

NOTE: FOI/PA information is unavailable due to computer hardware problems.
This information will be provided as soon as the cases have been re-Ioaded.

Quarterly Comparison
TORT CLAIMS/EMPLOYEE
SER

NUM

1ST OTR 146
2ND OTR
3RD OTR
, 4TH OTR

C~IMS

PROP PI

APPR AMT

DEN

PEND 00 AlO

AlP

126

39

71

141

25.00

19

4627

10 246

LITIGATION
SER

NUM

1ST OTR· 46
2ND OTR
3RD OTR
4TH OTR

HC FTC BIV OTH
15

10 17

ANS PEN CLD HIT SET AWD

04

40

00

AlOD

546

57 03

FOI/PA (see note above)
SER

NUM

PROC

PEND

AlP CA

1ST OTR .
2ND OTR
3RD OTR
4TH OTR

2881

4

203120

4

Travel
Sherree L. sturgis, Regional Counsel
October 19 thrOugh October 21, 1995. Travel to FCC, Coleman, Florida for staff assist to
develop shared service model. The cost was 5631.70.
November 12 through November 14, 1995. Travel to Denver, Colorado to attend General
Counsel meeting and teach new attorney trainIng. The cost was 5491.55.
November 28, 1995~ Travel to Birmingham, Alabama to meet with U.S. Attorneys
regarding prosecution of Inmates Involved In FCI, Talladega disturbance. The cost was
5122.50.
.
Earl L. Cotton, Assistant Regional Counsel
November 8 through November 9, 1995. Travel to Savannah, GeorgIa to attend
deposition in Cohen v. U.S. The cost was 5251.50.
craig Simmons, Honors Attornev
November 12 through November 14, 1995. Travel to Denver, Colorado to attend new
attorney training. The cost was 5803.00.

(
\"'"

Ken Hvle, Attornev Advisor
October 18 through October 20, 1995. Travel to Tallahassee, Florida to attend settlement
conference in case of Webb v. US. The cost was 5360.09.
The total cost of travel during this reportIng period was 52660.34.

other Activities
Miscellaneous Activities
Publication and distribution of 1995 litigation Subject Index to BOP and AUSA staff.
Personnel Moves
On October 2,1995, Robert Kenner was selected as a Volunteer Law School Intern for the
Regional Counsel's Office.

cc:

Regional Director

(
2882

1
UNITED STATES GOVERNMENT
MEMORANDUM

DATE:

January 26, 1996

TO:

wallace Cheney, General Counsel
Bureau of prisons, Central Office
320 First street, N.W.
washington, D.C. 20534"

ATTN: Nancy P. Redding, Executive Assistant
FROM:

RE:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 30315

":~lrSt Quarter Report FY 96

The following information is provided for the fourth Quarter (October, November,
December) 1995.

Litigation
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)

46
15
10
17
4

NUMBER OF LITIGATION REPORTS
NUMBER PENDING
NUMBER CLOSED
NUMBER OF HEARINGSITRIALS
NUMBER OF SETILEMENTS
AMOUNT OF AWARD

40
546
57

o

4
$203,020.00 per Ken Hyle 3/18/96

significant Case Activity
Raoul Chasse v. United states, FGAN, 1:94-CV-2404-MHS. This Federal Tort Claims Act case
involves a civilian suing the government based on an accident in Atlanta that occurred in
1992 in a rental vehicle driven by a BOP employee on travel status. On November 20,1995,
the case was settled by Budget Rental Car for $3,000.00.
Richard E. Smith. M.D. v. United states, FDSC, CV-95-417-19. This is an employee claim in

2
Rirh~rd E smith MD. V.JJDited States, FDSC, CV-9S-417-19. This is an employee claim in
which a doctor at Fel, Estill in 1994 alleges he involuntarily terminated hiS employment
for health reasons after facility failed to provide him with adequate staffing_ The case
was initially filed in Soutn carollna 's state court. By Order dated October 16, 1995,
j udgement was granted in favor of the government on the pay comparability claim_
The counterclaim of the former employee for relocation expenses was dismissed
without prejUdice for failure to exhaust administrative remedies.

Gerard V_ spanuolo v. Federal Bureau of Prisons et ~I.. FFlS, 91-0035-CIV-Hoeveler. ThiS is
a personal liability action in which a pretrial MCC, Miami inmate was forced to take a
psychotropic medication in September, 1987. He claims excessive force was used to
effect treatment. A November 14, 1995 Order dismisses FTCA case because the inmate
did not present any declarations from medical profes$ionals to rebut those presented
by the government showing me reasonableness Of the forced medication_
The criminal trial in U.S. v. Augusto Guillermo Falcon, et al (91-6060-CR-MORENO. SD/FLJ
commenced In OCtober, 1995 and continues. The charges invO lve accusations that the
defendants were involved in a large criminal conspiracy whiCh Imported many, many
tons of cocaine into the South Florida area for over t en years beginning in the late
1970s', amassing an extremely large fortune in money and property_ The prosecution is
expecte d to rest at the end Of January or the beginning of February, and the
defendants will then present their defense_
An indictment was iss ued on November 21, 1995, in the criminal case of u.s. v_ Battle.
The charges involve the stabbing death of a USP Atlanta Correctional Officer in
December, 1994_ Arraignment was on December 4, 1995.
Federal Tort
NUMBER FILED

NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

Claims

146

PERSONAL PROPERTY PERSONAL INJURY
MEDICAL
WRONGFUL DEATH
PERSONAL INJURY AND
PERSONAL PROPERTY
NUMBER PAID
AMOUNT PAID

ClaimSj~ct/Employee

126
19

o
o

1

39
$4627.00

71
141
10
25.00 DAY5

NOTE: Two of the overdue tort claims cannot be completed because of OIA
inVestigation into tile inmate's claims which pre-empt completion Of the institution
investigation .
• ** ....

T ......

**

- - - - - - -- - -- _.._--- ..

-- . -----_.

VIII'

'-'"

~~

...... -

__
I,

Vvl

3

NUMBER RECEIVED
NUMBER CLOSED

NUMBER PENDING
TOTAL NUMBER OVERDUE

NUMBER OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS

NOTE: FOIlPA in{Q[mation is unavailable due to computer hardware problems.
This information will be prftvided as soon as thtt,c.ases have been re-Ioaded.

Quarterly Comparison
TORT CLAIMS/EMPLOYEE CLAIMS
SER

NUM

PROP

APPR AMT

DEN

PEND 00 AlO

39

71

141

PI

1ST OTR 146 126 -"19'

i1627

AlP

10 246 25.00

2ND OTR

3RD OrR
liTH OlR

L1TICATION
SER

1ST OTR

NUM

46

He FTC BIV OTH ANS PEN CLD Hrr SET AWD

15

10 17

04

40

546 57 03

A/OD

AlP CA

2ND orR
3RD OTR
4TH orR

FOI/PA (see note above)
SER

1ST OTR
2ND OTR
3RD orR

4TH OTR

NUM

PROC

PEND '·-00

4

20'3120

V'"t