--------------

07:46:23

08/11/1992

DATE:

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

8/7/92
DOUGLAS CURLESS
REGIONAL COUNSEL

REPLY TO
ATTN OF:
SUBJECT:

JULi

MONTHLY REPORT

TO:

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS:
RCVD
CLOSED
PENDING
OVERDUE

JUL
38
50
406
136

AUG

SEP

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 7/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
08/11/1992

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JUL

17

3

25

6

AUG

SEP

OCT

25

0

NOV

46

3

28

6

75

8

DEC

38
32
164
41

ADMIN. REM. :

JUL

RCVD

126

LITIGATION:
OPEN
NEW
HC
FTCA
BIVENS
OTHER
CLOSED
08/11/1992

----------------

07:46:27

07:46:32

SEP

AUG

JUL
508
23
15
2

AUG

OCT

SEP

NOV

OCT

DEC

NOV

DEC

5

1
3

-----------------------------

INS/SOLER:
10
PENDING
90
(AT LEAST 3 CASES ARE NOW ON APPEAL TO 9TH CIR. - INMATE APPEALING
FOR IMMEDIATE HEARING.)

NEW

BROWN V. RISON/SENTENCING CASES:
NEW
11

PENDING:

(INCOMPLETE)

HENTHORN:
PROCESSED

0

PERSONNEL:

MOVES & DECISIONS

AUG. 11, 1992, DELESO ALFORD REPORTS TO FCI TERMINAL ISLAND TO ASSUME
PARALEGAL DUTIES.
AUGUST 21, 1992, MIKE FLAGOR WILL LEAVE TERMINAL ISLAND TO ASSUME DUTIES
AT FCI OAKDALE
AUGUST 28, 1992, REGGIE WEBSTER, SUMMER INTERN, WILL LEAVE THE REGIONAL
07:46:46

08/11/1992

----------------

MARY SULLIVAN - ANNUAL LEAVE 8/3 - 8/7
JANET AUGUSTINE - STAFF ASSIST, FCI TERMINAL ISLAND 8/5 - 8/7
JANET AUGUSTINE - ANNUAL LEAVE 8/17 - 8/20
LARRY WESTON - STAFF ASSIST, TERMINAL ISLAND, 8/3 - 8/7
DELESO ALFORD - LAST DAY AT WRO 8/7, REPORT TO TERMINAL ISLAND 8/17
LITIGATION:
-

(SOLER

~. SC~

S.CT. - 9TH CIR.

ADVISED BY INS THAT SUPREME COURT HAS
SOLER STANDS FOR THE PROPOSITION
THAT INMATES WHO ARE DEPORTABLE ALIENS CAN USE THE VEHICLE OF THE WRIT OF
MANDAMUS TO COMPEL THE INS TO PERFORM A DEPORTATION HEARING WHILE AN
INMATE IS INCARCERATED WITH THE BUREAU OF PRISONS.
90 CASES (BY WRO
COUNT) ARE CURRENTLY FILED IN THE DISTRICTS IN THE NINTH CIRCUIT, 80
CASES PENDING DISPOSITION IN SUPREME COURT.

~ ACCEPTED CERTIORARI IN SOLER V. SCOTT.

MILLS V. TAYLOR, 9TH CIR. MILLS HOLDS THAT BROWN V. RISON JAIL TIME
CREDIT APPLICATION UNDER 18 U.S.C. SEC. 3568 APPLIES TO SENTENCING
08/11/1992

07:46:51

================

GUIDELINE CASES PURSUANT TO "OFFICIAL DETENTION" UNDER 18 U.S.C. SEC.
3585. WE HAVE RECEIVED PERMISSION FROM THE SOLICITOR GENERAL TO FILE A
PETITION FOR RE-HEARING EN BANC WITH THE 9TH CIR. WHICH WILL BE FILED ON
AUGUST 6, 1992. DOUG WILSON, U.S. DEPARTMENT OF JUSTICE, APPELLATE
SECTION AND MIRIAM KRINSKI, CHIEF, APPELLATE SECTION, U.S. ATTORNEY'S
OFFICE, CENTRAL DISTRICT OF CALIFORNIA ASSISTING WITH THE PETITION. THE
SOLICITOR GENERAL'S OFFICE HAS INDICATED THEY WOULD BE WILLING TO SUPPORT
A PETITION FOR CERTIORARI IF THE PETITION FOR RE-HEARING EN BANC FAILS.
MARTIN V. CHRONICLE V. BOP, 9TH CIR. DANNIE MARTIN & S.F. CHRONICLE HAVE
EACH FILED A PETITION FOR REHEARING EN BANC WITH THE CIRCUIT. WE ARE
STILL WAITING FOR THE 9TH CIR. TO RESPOND TO THE PETITION FOR REHEARING El'
BANC.
RUSSO V. HAYES, N.D.CA. AUG. 24, 1992. HABEAS CORPUS PETITION ORAL
ARGUMENT BEFORE CHIEF JUDGE HENDERSON. I~TE AT FPC PLEASANTON HAS FILEr
HABEAS CORPUS PETITION TO COMPEL THE BOP TO PLACE HIM IN EXCESS OF 6
MONTHS (22 MO.) IN A HALF-WAY HOUSE DUE TO "COMPELLING CIRCUMSTANCES".

INMATE INDICATES THAT HE IS HIV POSITIVE AND HAS A NEED TO GET INTO THE
COMMUNITY SO THAT HE CAN START SCHOO~ SO THAT HE CAN RETRAIN HIMSELF TO
REENTER THE COMMUNITY. THE INMATE HAS APPROXIMATELY 20 MONTHS REMAINING
ON HIS SENTENCE. BY ACCEPTING THE HABEAS CORPUS PETITION THE COURT HAS I:
/11/1992

07:46:57

----------------

CREASED THE NUMBER OF BP-9'S COMING FROM FPC PLEASANTON ADDRESSING THE
ISSUE OF EXTENDED CCC PLACEMENT. DOUG CURLESS/TINA ROBINSON WILL APPEAR
IN COURT.

..

10/15/1992

07:18:15

DATE:
REPLY TO
ATTN OF:
SUBJECT:
TO:

ar

~L===========

10/14/92

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

DOUGLAS CURLESS
REGIONAL COUNSEL
LEGAL ASSISTANCE PROGRAMS
NANCY REDDING
EXECUTIVE ASSISTANT

THIS EMS IS TO NOTIFY YOU OF LEGAL ASSISTANCE PROGRAMS IN THE WESTERN
REGION. WE CURRENTLY HAVE ESTABLISHED ONE WESTERN REGIONAL LEGAL PROGRAM
AT THE UNIVERSITY OF SOUTHERN CALIFORNIA (USC). THE AMOUNT OF MONEY
FOR THE USC PROGRAM IS $15,000. USC SERVICES FCI, TERMINAL ISLAND ON
A REGULAR BASIS. THEY ALSO APPEAR AT USP, LOMPOC FOR INS HEARINGS
INVOLVING MARIEL CUBANS. WE ANTICIPATE THE SAME SUM WILL BE REQUESTED
BY THE UNIVERSITY FOR FISCAL YEAR 1993.
10/15/1992

07:18:23

================

WE ARE CURRENTLY IN NEGOTIATIONS WITH SEVERAL LAW SCHOOLS IN THE BAY
AREA TO PROVIDE LEGAL ASSISTANCE TO FEMALE CONVICTED OFFENDERS AT
FCI, PLEASANTON. WE ANTICIPATE AN IDENTICAL AMOUNT OF FUNDS BEING
OFFERED TO THE LAW SCHOOL WE ULTIMATELY CONTRACT WITH. OUR CURRENT
NEGOTIATIONS ARE WITH THE UNIVERSITY OF SAN FRANCISCO. WE ANTICIPATE
INTEREST BY GOLDEN GATE UNIVERSITY OF SAN FRANCISCO AND UNIVERSITY OF
SANTA CLARA SCHOOL OF LAW, SANTA CLARA, CALIFORNIA.

10/15/1992

07:18:35

================

BY THE UNIVERSITY FOR FISCAL YEAR 1993.
PENDING
OVER 60 DAYS

1

JUL

FOI/PA

AUG

07:18:50

10/15/1992

38
32
164
41

RCVD
CLOSED
PENDING
OVERDUE

0

2
SEP

5
OCT

0

NOV

7

39

0

3

2

20

5

DEC

================

28
50
142
39

ADMIN. REM. :

JUL

AUG

RCVD

126

139

LITIGATION:
OPEN
NEW
"HC
FTCA
BIVENS
OTHER
CLOSED

SEP

AUG
528
25

JUL

508
23
15
2
5
1
3

OCT

SEP

DEC

NOV

OCT

NOV

DEC

8

4
11
2
7

INS/SOLER:
NEW
19
PENDING
114
(AT LEAST 4 CASES ARE NOW ON APPEAL TO 9TH CIR. - INMATE APPEALING
10/15/1992

07:18:56

================

FOR IMMEDIATE HEARING.)
BROWN V. RISON/SENTENCING CASES:
NEW
3
PENDING:
(INCOMPLETE)
HENTHORN:
PROCESSED

0

PERSONNEL:

MOVES & DECISIONS

DEPUTY REGIONAL COUNSEL VALERIE STEWART'S DAUGHTER, KATHRINE, AGE 3,
UNDERWENT AN EMERGENCY APPENDECTOMY ON AUGUST 27, 1992. THE SURGERY
WENT WELL AND KATHERINE WAS RELEASED FROM THE HOSPITAL MONDAY, AUG. 31.
VALERIE PLANS TO BE IN THE OFFICE FRIDAY, SEPTEMBER 4.
SANDY WELLS LAST DUTY DAY IN WRO IS OCTOBER 2, 1992.

MARY SULLIVAN REPORTED AS ATTORNEY, FCI SHERIDAN AUGUST 26, 1992.
DELESO ALFORD REPORTED AS PARALEGAL, FCI TERMINAL ISLAND ON
AUGUST 11, 1992.
/15/1992

07:19:11

================

LEGAL INTERN REGGIE WEBSTER REPORTED TO LAW SCHOOL AND PART-TIME DUTIES
AT MCC SAN DIEGO ON AUGUST 31 . 1992.
JANELLE BROCK, DOJ HONORS ATTORNEY, REPORTED TO WRO ON AUGUST 24, 1992.
PAM RILEY (FPC BORON) WILL BE OUT FOR A COUPLE OF WEEKS IN SEPTEMBER FOR
FOOT SURGERY. WE WISH HER A SPEEDY RECUPERATION.
LARRY WESTON'S SON (FCI SAFFORD) IS RECOVERING FROM A BOUT OF MENINGITIS.
OUR GOOD WISHES AND PRAYERS HAVE BEEN WITH LARRY AND HIS FAMILY THROUGH
THIS ORDEAL.
LEAVE & TRAINING - WRO STAFF
DOUG CURLESS NEW ATTORNEY TRAINING/REGIONAL COUNSEL/ASST. GENERAL
COUNSEL/TRAINING
9/14/92 - 9/17/92
JANELLE BROCK - NEW ATTORNEY TRAINING
SANDY WELLS - ADMINISTRATIVE LEAVE
/15/1992

07:19:18

9/14/92 - 9/17/92

9/28/92 - 9/30/92

================

JANET AUGUSTINE - ANNUAL LEAVE
JUANITA JIGGETTS - ANNUAL LEAVE

9/09/92 - 9/11/92
9/04/92

LIDA PAETZKE - ANNUAL LEAVE 9/08/92 - 9/11/92
SPECIAL NOTE:
PAM RILEY, PARALEGAL, FPC BORON IS SERVING AS COORDINATOR FOR THE
WESTERN REGION FOR RELIEF SUPPLIES AND CLOTHING BEING SENT TO
VICTIMS OF HURRICANE ANDREW. WESTERN REGION INSTITUTIONS HAVE
SHIPPED SUPPLIES GATHERED FROM THEIR INSTITUTIONS INTO BORON WHERE
THEY WILL BE AIRLIFTED FROM MARCH AFB.
LITIGATION:
RUSSO V. HAYES, C-92-1982 TEH-N.D.CAL
CHIEF JUDGE HENDERSON,
U.S.D.C. N.D. CAL (SAN FRANCISCO) HEARD ORAL ARGUMENTS IN THIS CASE ON
8/24/92. HIV POSITIVE INMATE ALLEGED (AMONG OTHER THINGS) INADEQUATE
MEDICAL TREATMENT, DISCRIMINATION BY FAILING TO PLACE HIM IN THE ICC DUE
TO HIS MEDICAL CONDITION, AND BIVENS CONSTITUTIONAL VIOLATION BASED ON
8TH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT. AFTER ORAL ARGUMENT COURT
/15/1992

07:19:24

================

DENIED BOP MOTION TO DISMISS - HOWEVER THE COURT DID DISMISS (WITHOUT
PREJUDICE) THE COMPLAINT WITH LEAVE TO REFILE BY 9/8/92. ARTICLES WERE
WRITTEN AND PUBLISHED IN THE DAILY JOURNAL AND RECORDS CONCERNING THE

DENIAL OF BOP MOTION TO DISMISS ON 8/25. ON 8/26 THE COURT ISSUED AN
ORDER OF DISMISSAL - GRANTING BOP'S MOTION TO DISMISS.
THE COURT FOUND
PLAINTIFF FAILED TO PLEAD SUFFICIENT FACTS TO SUPPORT A CLAIM THAT WARDEN
AND CAMP SUPERINTENDENT DENIED PLAINTIFF HIS RIGHTS UNDER EQUAL PROTECTION/DUE PROCESS OR WERE ACTING WITH DELIBERATE INDIFFERENCE TO HIS
MEDICAL NEEDS.
GO FIGURE!!!!
DOUG CURLESS - ATTORNEY ON CASE.
UNITED STATES V. GIRARD TUCKER - CR-89-755-TJH (C.D.CA)
AN EX PARTE
APPLICATION BY DEFENSE COUNSEL WAS MADE AND AN ORDER ISSUED TO SERVE
TUCKER A KOSHER DIET ON DAYS WHEN PORK OR RED MEAT ITEMS SERVED AND BE
SERVED A DIET OF FISH OR POULTRY FOR RELIGIOUS PURPOSES. THE GOVERNMENT
FILED A MOTION FOR RECONSIDERATION OF THE ORDER CITING JURISDICTION,
FAILURE TO EXHAUST ADMINISTRATIVE REMEDY, FACT THAT INMATE IS NOT JEWISH
AND ASSERTING THAT THE DAY-TO-DAY MANAGEMENT OF MDC LOS ANGELES SHOULD BE
LEFT TO PRISON OFFICIALS.
ON 8/21/92, JUDGE HATTER DENIED THE MOTION FOR
RECONSIDERATION. A DECISION REGARDING APPEAL TO THE 9TH CIRCUIT IS FORTHCOMING. TIM ROBERTS, MDC ATTORNEY ON CASE.
COUPAR V. FPI/UNICOR, 92-TSC-00006; 92-TSC-00008
10/15/1992

07:19:35

ON APRIL 14, 1992,

======.,=========

DEPARTMENT OF LABOR WAGE AND HOUR DIVISION DETERMINED PRISONERS ARE NOT
EMPLOYEES WITHIN THE MEANING OF THE TOXIC SUBSTANCES CONTROL ACT OR CLEAN
AIR ACT AND THE EMPLOYEE PROTECTION PROVISIONS OF THE STATUTES DO NOT
APPLY TO PRISONERS. THIS DECISION DISMISSES THE CASE IN WHICH THE DOL
ADMINISTRATIVE LAW JUDGE RECOMMENDED COUPAR BE COVERED AS AN EMPLOYEE
UNDER THE WHISTLEBLOWER ACT AND RECEIVE $10,000 AS COMPENSATION FOR LOST
WAGES IN UNICOR. NOT A FINAL VERDICT, SO STANDBY FOR THE CONTINUING SAGA.
DOUG CURLESS, WRO ON BRIEFS.
DAVID QUINTERO/BIANCA LUCRECIA V. FEDERAL BUREAU OF PRISONS - THIS IS
CURRENTLY AN ADMINISTRATIVE TORT CLAIM UNDER RE-CONSIDERATION - THE SIX
MONTH PERIOD ENDS ON 13 SEPT.
INMATE IS A TRANSSEXUAL WHO WAS PREVIOUSLY
HOUSED AT PLEASANTON AND LEXINGTON, ALLOWED FEMALE GARB AND COSMETICS AT
BOTH, WAS TRANSFERRED 1/31/91 TO FPC BORON WHERE 1) THERE IS NO CONTINUING
PSYCHOLOGICAL SERVICES, AND 2) BOTH COSMETICS AND FEMALE GARB WERE CONFISCATED. TORT CLAIM STATES THAT SINCE TRANSFER TO BORON BOP HAS DENIED
COMPETENT MEDICAL TREATMENT; SUBJECTED INMATE TO SEXUAL DISCRIMINATION AND
ABUSE; INTERFERED WITH MAIL; AND DENIED PERSONAL CLOTHING AND HYGIENE
INMATE HAS RETAINED TWO NOTED NORTHERN CALIFORNIA ATTORNEYS (ALLAN
ITEMS.
ELLIS AND GREGOR GUY-SMITH) AND IT IS EXPECTED THAT LITIGATION WILL BE
PRESENTED WITH HIGH DEGREE OF MEDIA ATTENTION. VALERIE STEWART, WRO ON
CASE.

11/03/1992

================

08:16:36

DATE:

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

11/02/92

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(09/01-09/30)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
JUL
38
50
406
136

TORT CLAIMS:
RCVD
CLOSED
PENDING
OVERDUE

AUG
50
76
380
101

SEP
44
76
347
89

OCT

DEC

NOV

TORT CLAIM INVESTIGATION STATUS: AS OF 7/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
11/03/1992

================

08:16:41

PENDING
OVER 60 DAYS

1

FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

AUG
28
50
142
39

JUL

38
32
164
41

0

7
SEP
42
28
156
53

0
OCT

ADMIN. REM. :

JUL

AUG

SEP

RCVD

126

139

105

LITIGATION:
OPEN
NEW
HC
FTCA
BIVENS
OTHER
CLOSED
11/03/1992

08:16:50

JUL

508
23
15
2
5
1

3

AUG
528
25
8
4
11
2
7

0

3

0

NOV

4

0

29

3

DEC

NOV

OCT

SEP
538
11
4
1
5
1
1

0

28

OCT

DEC

NOV

DEC

================

INS/SOLER:
NEW
19
PENDING
133
(AT LEAST 4 CASES ARE NOW ON APPEAL TO 9TH CIR. - INMATE APPEALING
FOR IMMEDIATE HEARING.)
BROWN V. RISON/SENTENCING CASES:
NEW
3

,.
~

...
PENDING:

(INCOMPLETE)

HENTHORN:
PROCESSED

0

PERSONNEL:

MOVES & DECISIONS

10/2/92 - SANDY WELLS' LAST DAY IN THE WESTERN REGIONAL OFFICE.
10/26/92 - GLORIA POUPAR'S FIRST DAY IN THE WESTERN REGIONAL OFFICE,
GLORIA IS THE NEW REGIONAL PARALEGAL TRAINEE.
REGIONAL COUNSEL SCHEDULE: DOUG CURLESS
09/29/92 MEETING WITH JOHN MENDEZ, U.S. ATTORNEY, NORTHERN DISTRICT
OF CALIFORNIA.
11/03/1992

08:17:04

================

10/05 - 10/06 ACTING JAIL ADMINISTRATOR, FDC PLEASANTON
10/14 FEDERAL BAR ASSOCIATION, 9TH CIRCUIT LUNCHEON, SAN FRANCISCO
10/15 AUSA'S NORTHERN DISTRICT OF CALIFORNIA, TOUR OF FCI/FDC
PLEASANTON.
10/07 - 10/09 AND 10/16 - ANNUAL LEAVE.
TRAINING/OTHER MEETINGS:
10/21 - 10/23/92 - 1993 BUDGET & STRATEGIC PLANNING CONFERENCE, WESTERN
REGION.
10/29 - 10/30/92 - 9TH CIRCUIT SENTENCING ISSUES SEMINAR. PRESENTED BY
WESTERN REGIONAL COUNSEL'S OFFICE FOR U.S. ATTORNEYS AND U.S. PROBATION
OFFICES IN THE 9TH CIRCUIT.
LITIGATION:
JENNINGS V. MITCHELL, CV 89-4428 WJR, CENTRAL DIST. CALIFORNIA. BIVENS
ACTION ALLEGING EXCESSIVE USE OF FORCE BY UNICOR STAFF AGAINST FORMER
INMATE AT USP LOMPOC. MOTION FOR QUALIFIED IMMUNITY TAKEN UNDER
ADIVSEMENT AND TRIAL SCHEDULED FOR 9/26/92 IN LOS ANGELES. AUSAS ARE
SARA ROBINSON AND JOHN NORDIN. JENNINGS HAS FILED WRITS AD TESTIFICANDUM
11/03/1992

08:17:13

================

FOR APPEARANCE OF STILL INCARCERATED INMATE WITNESSES AT GOVERNMENT
EXPENSE, OPPOSITION FILED BY U.S., COURT HAS INDICATED IT WILL GRANT WRITS
USAO REQUEST TO APPEAL DISAPPROVED AT MAIN JUSTICE (ALSO NOT SUPPORTED BY
USM).
MILLS V. TAYLOR, CA9 91-55362, CENTRAL DIST. CALIFORNIA.
(THIS IS 9TH
CIR. CASE WHICH APPLIED BROWN V. RISON TO 18 USC 3585 CASES). 9TH CIR.
HAS ORDERED A RESPONSIVE BRIEF TO THE GOVT'S MOTION FOR RECONSIDERATION
AND REQUEST FOR RE-HEARING EN BANC. RESPONSE TO,BE FILED BY OCT. 7.
SOLICITOR GENERAL HAS GIVEN PERMISSION TO SEEK CERT. IF 9TH CIR. DENIES
RECONSIDERATION/REHEARING.
D. KANEHOLANI V. CRABTREE, CV 92-976, RE DIST. OREGON. HAWAIIAN
DEFENDANT FILED 2241 FOR BROWN V. RISON CREDIT IN HAWAII WHILE INCARCERATED AT FCI SHERIDAN, OR. USAO GOT HAWAII 2241 DISMISSED AND INMATE RE-FILE
D IN OREGON. JUDGE REDDEN GRANTED TIME FOR CREDIT IN HALFWAY HOUSE (PER
MILLS V TAYLOR), IN SPITE OF WRITTEN STATEMENT BY SENTENCING JUDGE THAT HE
NEVER INTENDED INMATE TO HAVE CREDIT. THIS CASE WAS BRIEFED BEFORE THE

......
'"
GOVT. MOTION FOR RECONSIDERATION WAS FILED IN LOS ANGELES.
(KANEHOLANI IS
THE 3RD CASE FILED OUT OF HAWAII IN THE LAST TWO MONTHS FOR HALF WAY HOUSE
CREDIT. )
/03/1992

08:17:25

----------------

GARCIA V. BOP & LIM. CV 91-1952 PHX, DIST. AZ. WRONGFUL DEATH FTCA BY
MOTHER RE: DEATH OF INMATE SON FROM ACUTE ASTHMA ATTACK. MEDICAL RECORDS
AND EXPERTS CURRENTLY SUBJECT OF DEPOSITION AND DISCOVERY.
DANNIE MARTIN & S.F. CHRONICLE V. RISON, ET AL. ON SEPTEMBER 21, 1992,
THE 9TH CIRCUIT COURT OF APPEALS PANEL DENIED A MOTION FOR REHEARING FOR
THE PANEL. THE PANEL REHEARING VOTE WAS 2 TO 1. ON SEPTEMBER 21, 1992,
THE 9TH CIRCUIT COURT OF APPEALS REJECTED PETITIONERS CHRONICLE AND
MARTIN'S PETITION FOR REHEARING EN BANC. DANNIE MARTIN AND THE
SAN FRANCISCO CHRONICLE MAY NOW PETITION THE SUPREME COURT FOR WRIT OF
CERTIORARI.
HALE V. ARCOR, 9TH CIRCUIT. AS MANY OF YOU MAY KNOW, THE 9TH CIRCUIT
COURT OF APPEALS IN A 2 - 1 PANEL DECISION INDICATED THAT IN CERTAIN
INSTANCES INMATES MUST BE PAID MINIMUM WAGE FOR PERFORMING CERTAIN TYPES
OF WORK. THIS 'ORDER WAS ENTERED AGAINST THE STATE OF ARIZONA DEPARTMENT
OF CORRECTIONS •. ON SEPT. 28, 1992, THE 9TH CIRCUIT COURT OF APPEALS
VOTED TO REHEAR THIS ISSUE EN BANC. WE WILL CONTINUE TO MONITOR THIS
CASE. AS A SIDELIGHT WE HAVE ALREADY SEEN SEVERAL ADMINISTRATIVE REMEDIES
FILED ARGUING THAT FEDERAL PRISON INMATES SHOULD BE PAID MINIMUM WAGE
CITING THE. HALE V. ARCOR CASE.
/03/1992

08:17:36

================

U.S. V. TUCKER, CR 89-755 TJH, CENTRAL DIST. CALIF. PRETRIAL INMATE
(TUCKER) SOUGHT AND RECEIVED EX PARTE ORDER FOR KOSHER MEALS. INMATE IS
NEITHER JEWISH OR IN PROCESS OF CONVERTING (JUST PREFERS THE FOOD). U.S.
FILED MOTION ~OR RECONSIDERATION OF ORDER AT REQUEST OF MDC-LA RAISING
FOLLOWING ISSUES: (1) NO JURISDICTION TO ENTER ORDER; (2) TUCKER SHOULD
HAVE·BEEN REQUIRED TO EXHAUST ADMIN. REMEDIES BEFORE ASKING COURT FOR
ORDER; (3) ORDER RAISES SERIOUS ADMINISTRATIVE PROBLEMS FOR INSTUTITIONi
(4) INMATE'S CLAIM THAT DIET IS FOR RELIGIOUS PURPOSES IS MERITLESS; (5)
MANAGEMENT OF INSTITUTION IS FOR PRISONS OFFICIAL ABSENT A CONSTITUTIONAL
VIOLATION. USAO-LOS ANGELES, BOP INSTITUTION, AND REGION RECOMMENDED
DENIAL OF MOTION BE APPEALED. MAIN JUSTICE AND BOP OGC DISAPPROVED.

•
----------------

10:17:53

11/12/1992

DATE:

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

11/10/92

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(10/01-10/31)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS:
RCVD
CLOSED
PENDING
OVERDUE

AUG
50
76
380
101

JUL

38
50
406
136

OCT
43
14
376
128

SEP
44
76
347
89

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 7/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
11/~2/1992

---------------

10:17:57

PENDING
OVER 60 DAYS

4

FOI/PA
RCVD
CLOSED
PENDING
OVEIWUE

AUG
28
50
142
39

JUL

38
32
164
41

0

1

21
SEP
42
28
156
53

OCT
40
36
160
57

NOV

ADMIN. REM. :

JUL

AUG

SEP

OCT

RCVD

126

139

105

118

LITIGATION:
OPEN
NEW
HC
FTCA
BIVENS
OTHER'
CLOSED
11/12/1992

JUL

508
23
15
2
5
1
3

10:18:01

AUG
528
25
8
4
11
2
7

2

0

0

SEP
538
11
4
1
5
1
1

23'

2

3

1

36

6

DEC

NOV

OCT
555
19
8
1

DEC

NOV

DEC

9

1
2

================

PERSONNEL MATTERS:
10/26/92 - GLORIA POPOUR, REGIONAL PARALEGAL TRAINEE, ARRIVED AT
WESTERN REGIONAL OFFICE
11/24/92 - ASST. REGIONAL COUNSEL JENIFER GRUNDY WILL ARRIVE FOR HER
FIRST DAY IN THE WESTERN REGIONAL OFFICE.
REGIONAL COUNSEL SCHEDULE: DOUG CURLESS

NOV. 5, 17, & 19, U.S. ATTORNEY'S OFFICE, N.D. CA TOUR OF FCI/FDC/FPC
PLEASANTON.
NOV. 23/24 DEPOSITION OF PLAINTIFF IN ALEXANDER V. PERRILL, TUCSON AZ.
ANNUAL LEAVE:
JANELLE BROCK - NOV. 13
LIDA PAETZKE - NOV. 23 - 27
VALERIE STEWART NOV. 24, 25, 27
GLORIA POPOUR - NOV. 27
DEPUTY GENERAL COUNSEL HARLAN PENN WILL VISIT THE WESTERN REGIONAL
OFFICE NOV. 9 AND 10.
OCT. 15, 1992, 16 STAFF MEMBERS OF THE U.S. ATTORNEYS OFFICE FROM THE
NORTHERN DISTRICT OF CALIFORNIA TOURED FCI PLEASANTON.
11/12/1992

10:18:04

------------------------------

CASES IN WHICH NOTICE OF APPEAL FILED:
9TH CIRCUIT
MILLS V. TAYLOR, 9TH CIR. NO. 91-55362. ON OCTOBER 29, 1992, THE 9TH
CIRCUIT REJECTED OUR PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING
EN BANC. BOP AND U.S. ATTORNEY'S OFFICE ARE RECOMMENDING CERTIORARI.
THIS ISSUE (APPLICATION OF BROWN V. RISON TO SENTENCING GUIDELINES 18 USC
SEC. 3583) IS PENDING IN U.s. V. MORELAND, 8TH CIR. WE WON THE ISSUE
BEFORE THE 8TH CIRCUIT EN BANC AND THE INMATE IS PETITIONING FOR CERT.
HALE V. ARCOR, 9TH CIR. 88-15785 (D. AZ - N09. CV 85-120.5 (WPC). 9TH
CIRCUIT COURT OF APPEALS AGREED TO REHEAR THE ISSUE OF INMATES RECEIVING
MINIMUM WAGE IN REHEARING EN BANC.
U.S. DISTRICT COURTS:
JAYCOX V. U.S., CIV 90-467 TUC ACM (D. AZ). U.S. ATTORNEY'S OFFICE D.
TUCSON SETTLED FTCA CLAIM FOR $10,000 WITHOUT CONSULTING AGENCY. INMATE
WAS STRUCK IN THE NOSE BY A SOFTBALL DURING A GAME AT FCI TUCSON, SUFFER11/12/1992

10:18:08

----------------------------

ING BROKEN NOSE AND SINUS. INMATE WAS PRESCRIBED MOTRIN BY P.A. AND
CLAIMED IT CAUSED HIS "BLOOD TO THIN" RESULTING IN HIS HOSPITALIZATION TO
STOP BLEEDING. CASE ORIGINALLY FILED AS A BIVENS. US DC DISMISSED BIVENS,
AND ALLOWED FILING AS AN FTCA ACTION. AUSA INDICATED OUR LIT REPORT FOR
. THE BIVENS ACTION WAS SUFFICIENT FOR FTCA LITIGATION. ON 11/4/92
INSTITUTION PARALEGAL RECEIVED A CC OF LETTER TO GAO INDICATING CASE WAS
SETTLED FOR $10,000. WE WILL BE CONTACTING THE U.S. ATTORNEY AND DEPARTMENT OF JUSTICE IN WRITING AND IN PERSON TO REGISTER OUR COMPLAINT OF NO
CONSULTATION PRIOR TO SETTLEMENT.
JENNINGS V. MITCHELL, ET AL., CV 89-4428-WJR(SH) (C.D.CA). BIVENS ACTION
ALLEGING EXCESSIVE USE OF FORCE BY 3 UNICOR STAFF MEMBERS. ON JUNE 17,
1989, PLAINTIFF JENNlNGS WAS INSTRUCTED TO SUBMIT TO A PAT SEARCH UPON
EXITING UNICOR. ONE OF THE DEFENDANTS FOUND A PLASTIC BAGGIE WITH WHAT
APPEARED TO BE CONTRABAND IN JENNINGS' POCKET. A DEFENDANT ATTEMPTED TO
SMELL THE CONTENTS OF THE PLASTIC BAG FOUND ON JENNINGS. JENNINGS STRUCK
THE STAFF MEMBER IN THE FACE WITH HIS OPEN HAND, GRABBED THE BAG AND
TURNED TO RUN. JENNINGS WAS PURSUED BY THE 3 DEFENDANTS (AND OTHER STAFF

MEMBERS NOT NAMED AS DEFENDANTS), RESTRAINED, FORCED TO THE GROUND,
PLACED IN HANDCUFFS AND THEN ESCORTED TO THE HEALTHCARE UNIT. THE
SUSPECTED CONTRABAND WAS NOT RECOVERED IN THE SCUFFLE. INMATE RECEIVED
AN INCIDENT REPORT 100 LEVEL ASSAULT, REDUCED TO A 200 LEVEL ASSAULT ON
11/12/1992

10:18:12

================

STAFF. 6 MONTHS LATER THE INMATE FILED A PRO SE BIVENS COMPLAINT.
JENNINGS LATER RETAINED COUNSEL TO PROCEED WITH THE SUIT. u.S. ATTORNEYS
OFFICE LOS ANGELES FILED MOTION FOR SUMMARY JUDGMENT WHICH WAS DENIED BY
THE COURT IN MAY 1992. A MOTION FOR QUALIFIED IMMUNITY WAS SUBMITTED
PRIOR TO TRIAL BUT THE COURT WOULD NOT RULE ON THE MOTION UNTIL AFTER THE
CLOSE OF EVIDENCE. THE MOTION WAS DENIED. THE JURY VERDICT RETURNED IN
THIS CASE INDICATED THAT ONE DEFENDANT IS LIABLE FOR $56,000 IN COMPENSATORY DAMAGES AND $50,000 IN PUNITIVE DAMAGES AND ANOTHER DEFENDANT IS
LIABLE FOR $50,000 IN COMPENSATORY DAMAGES. THERE WAS NO FINDING OF
MONETARY DAMAGES AGAINST THE THIRD DEFENDANT. INDEMNIFICATION OF THE
TWO DEFENDANTS HAS BEEN REQUESTED. MOTION TO STAY JUDGMENT WILL BE FILED
ON NOV.9, 1992, MOTION FOR NEW TRIAL WILL BE FILED NOV. 13, 1992.
TYREE V. LUM, CV 92-5137 (C.D. CAl. FORMER INMATE TYREE NOW FILES A
BIVENS CASE AGAINST THE AUSA WHO PROSECUTED HIM AND WARDEN LARRY TAYLOR.
BECAUSE OF A 9TH CIR. APPLICATION OF B.V.R. CREDIT TO TYREE'S 10TH CIR.
SENTENCE TYREE BECAME A "LATE RELEASE" - 125 DAYS. HE SUED PREVIOUSLY
UNDER FTCA FOR "DAMAGES" OF $1,000 PER DAY. THAT CASE WAS DISMISSED ON
SUMMARY JUDGMENT. NOW HE TRIES AGAIN UNDER BIVENS. AUSA MICHAEL JOHNSON
FEELS THIS CASE WILL BE DISMISSED, BUT IT ILLUSTRATES THE AGRESSIVENESS
~ ~~TES AND THEIR ATTORNEYS ARE USING IN SENTENCING CASES.

•

•
12/10/ 1992

================

13:36:40

DATE:

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

12/09/92

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(11/01-11 / 30)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS:
RCVD
CLOSED
PENDING
OVERDUE

AUG
50
76
380
101

JUL

38
50
406
136

SEP
44
76
347
89

NOV
33
16
393
144

OCT
43
14
376
128

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 11/30/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
12/10/1992

13:36:43

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JUL

38
32
164
41

===--=======

1

34

0

AUG
28
50
142
39

0

SEP
42
28
156
53

OCT
40
36
160
57

0

0

NOV
14
34
140
48

1

JUL

AUG

SEP

OCT

NOV

RCVD

126

139

105

118

142

12/10/1992

13:36:46

INS/SOLER:
NEW
PENDING

JUL

508
23
15
2
5
1
3

AUG
528
25
8
4
11
2
7

SEP
538
11
4
1
5
1
1

================
4
136

BROWN V. RISON/SENTENCING CASES:
NEW
3
PENDING:
(INCOMPLETE)

4

5

DEC

ADMIN. REM. :

LITIGATION:
OPEN
NEW
HC
FTCA
BIVENS
OTHER
CLOSED

18

OCT
555
19
8
1
9
1
2

DEC

NOV
569
16
7
0
5
4
2

DEC

4

38

7

·

..
HENTHORN:
PROCESSED

1

LITIGATION MATTERS:
SUPREME COURT
SOLER V. SCOTT
11/16/92 THE SUPREME COURT DISMISSED THE PETITION FOR CERT. REMANDING
THE CASE TO THE 9TH CIRCUIT CITING MOOTNESS (SOLER HAS BEEN RELEASED).
THUS THE SUBSTANTIVE ISSUES WERE NOT ADDRESSED AND NOT RESOLVED IN
ANY WAY. THE CURRENT NUMBER OF SOLER PETITIONS FILED IN THE WESTERN
REGION IS 136.
12/10/1992

13:36:50

9TH CIRCUIT
MILLS V. TAYLOR, 9TH CIR. NO. 91-55362. ON OCTOBER 29, 1992, THE 9TH
CIRCUIT REJECTED OUR PETlTON FOR REHEARING WITH SUGGESTION FOR REHEARING
EN BANC.
U.s. V. GEORGE CROUCH, 9TH CIR.
UNPUBLISHED DECISION
9TH CIRCUIT UPHELD LOWER COURT REFUSAL TO SEEK OUTSIDE MEDICAL EVALUATION FOR DEFENDANT WITH AIDS. COURT WAS SATISFIED WITH GENERAL
INFORMATION ABOUT BOP'S ABILITY TO CARE FOR INMATES WITH AIDS.
JENNINGS V. MITCHELL, ET AL., CV 89-4428-WJR(SH) (C.D.CA) BIVENS ACTION ALLEGING EXCESSIVE USE OF FORCE BY 3 UNICOR STAFF MEMBERS.
(SEE OCTOBER REPORT FOR FACTUAL SUMMARY.) THE UNITED STATES ATTORNEY'S
OFFICE HAS FILED A MOTION FOR NEW TRIAL BASED ON NEWLY DICOVERED
EVIDENCE AND PERJURY BY INMATE WITNESSES. THE MOTION FOR NEW TRIAL WILL
BE HEARD ON DECEMBER 21, 1992. THE U.S. ATTORNEY'S OFFICE ALONG WITH
THE OFFICE OF INTERNAL AFFAIRS AND THE FBI HAVE DEVELOPED INFORMATION
INDICATING THAT AT LEAST TWO WITNESSES TESTIFYING FOR THE PLAINTIFF IN
THE CASE PERJURED THEMSELVES. THERE ARE ALSO RECENT INDICATIONS THAT
A THIRD INMATE WITNESS IS RECEIVING COMPENSATION FOR HIS TESTIMONY.
12/10/1992

13:36:53

MIR V. CRABTREE, CV 92-B-00225. THIS CASE IS CURRENTLY PENDING BEFORE
AN ADMINISTRATIVE LAW JUDGE FOR THE IMMIGRATION AND NATURALIZATION
SERVICE. MIR WAS AN EMPLOYMENT APPLICANT WHO IS ALLEGING HE WAS
DISCRIMINATED AGAINST BY BEING DENIED A POSITION AF FCI SHERIDAN BASED
ON HIS CITIZENSHIP STATUS (AMERICAN BY BIRTH OF PAKISTANI DESCENT). OUR
RESPONSE TO THE COURT'S ANSWER TO SHOW CAUSE IS DUE DECEMBER 30, 1992.
EVANS V. HENDERSON, ET AL., CV 92-2083-FMS. TELECONFERENCES WITH
JUDGE FERN SMITH CONCERNING MOTION TO DISMISS FILED BY GOVERNMENT
SCHEDULED FOR DECEMBER 7, 1992. TINA ROBINSON AT FCI PLEASANTON COVERING.
u.S. V. BENTON BURT, CR-92-0094 (N.D.CA.) (SAN FRANCISCO). PRE-TRIAL
DETAINEE ALLEGING FDC PLEASANTON VIOLATING HIS RIGHTS AS A PRO SE
DEFENDANT. VALERIE STEWART WILL COVER HEARING.
VACCARO V. DOBRE, CV S 92-895 (DIST. OF NEVADA) (LAS VEGAS). PREPARATION
OF MOTION TO DISMISS/MOTION FOR SUMMARY JUDGMENT DECEMBER 7 & 8, VALERIE
STEWART COVERING. BIVENS CASE AGAINST FPC NELLIS, NELLIS AFB, AND FCI

LOMPOC ALLEGING DELIBERATE INDIFFERENCE TO MEDICAL CONDITION.
QUACKENBUSH V. BOP, CV 91-3555-ER-GHKX (C.D.CA.) (LOS ANGELES). DEPOSITIot
OF PLAINTIFF IN THIS CASE SET FOR DECEMBER 9, 1992, JENIFER GRUNDY
2/ 10 / 1992

13:36:56

================

COVERING.
STRICK V. U.S., CV 91-3926-JMI-JRX. POSSIBLE SETTLEMENT LOOMING AS A
RESULT OF FOOD POISONING AT FCI TERMINAL ISLAND.
UPCOMING TRIALS:
U.S . V. SANTIAGO, C.D.CA . , JANUARY 5, 1993.
ING OTHER INMATE.

INMATE CHARGED WITH MURDER-

MATTERS OF CONCERN:
(*INDICATES AN ATTACHMENT)
ISM "PEN PACKS"
LEGAL LIBRARY STANDARDS
SEE PAM RILEY-MORGAN'S MEMO ATTACHED DISCUSSING GLUTH IMPACT.*
HANDLING DEPOSITIONS/INTERVIEWS
SEVERAL CASES (CIVIL AND CRIMINAL) HAVE RECENTLY RESULTED IN REQUESTS
TO INTERVIEW OR DEPOSE STAFF (AND INMATE) WITNESSES. QUESTIONS HAVE
COME UP REGARDING THE INFORMATION OR ADVICE THAT SHOULD BE GIVEN IN THESE
SITUATIONS. UNDER THE FEDERAL RULES A WITNESS HAS NO OBLIGATION TO TALK
TO COUNSEL FOR EITHER PARTY IN A CASE . OUR ROLE IS TO INFORM THE INDIVI12/10/1992

13:36:59

================

DUAL THAT COUNSEL WISHES TO TALK WITH THEM AND "MAKE THEM AVAILABLE" TO
COUNSEL, EG. PROVIDE A QUIET, PRIVATE MEETING PLACE. IF THE INDIVIDUAL
WISHES NOT TO BE INTERVIEWED THAT IS THEIR CHOICE AND THEIR RIGHT.
IN A
CIVIL CASE IN WHICH THE UNITED STATES IS NOT A PARTY, IF PRIVATE COUNSEL
WANT TO SET UP A DEPOSITION OF AN INMATE AND THE INMATE OBJECTS, THE
INMATE SHOULD COMMUNICATE THAT OBJECTION TO THE PARTIES AND THE COURT . WE
ARE UNDER NO OBLIGATION TO FORCE AN INMATE TO BE DEPOSED.
IN CASES WHERE THE U.S . IS A PARTY (CIVIL OR CRIMINAL) WE SHOULD ASSIST
THE U.S. ATTORNEYS IN CONTACTING ALL KNOWN WITNESSES. IF PRIVATE COUNSEL
WANT TO INTERVIEW STAFF, STAFF SHOULD BE INFORMED AS EARLY AS POSSIBLE OF
THEIR RIGHTS AND OBLIGATIONS.
__
TIM ROBERTS PUT TOGETHER THE ATTACHED MEMO FOR A RECENT CASE AT LA. *
GOVERNMENT EMPLOYEE LIABILITY INSURANCE
YOU MAY BE FIELDING QUESTIONS REGARDING LIABILITY AT ANNUAL REFRESHER
TRAINING. RESIDENTIAL PROPERTY CAN BE HOMESTEADED, BUT THE PROCESS AND
THE AMOUNT OF EQUITY PROTECTION VARIES FROM STATE TO STATE.
INSURANCE IS
ALSO AVAILABLE. *
PERSONNEL MATTERS
TRAVEL:
DOUG CURLESS -- 12/7 - 12/8 DENVER FOR U.S. V. REESE, 91-CR-271
411b /10/1992

13:37:03

================

TRIAL OF COLORADO STATE INMATE FILING FRAUDULENT FEDERAL INCOME
TAX RETURNS. DOUG CURLESS HAS BEEN SUBPOENAED TO TESTIFY FOR THE
GOVERNMENT IN THIS CASE. TRIAL BEGINS DECEMBER 7, 1992, BEFORE

JUDGE BABCOCK IN DENVER COLORADO.
VALERIE STEWART -- 12/7 - 12/8 LAS VEGAS, FPC NELLIS
JENIFER GRUNDY -- 12/8 - 12/10 LOMPOC
JANELLE BROCK -- 12/14 - 12/15 LOS ANGELES FOR CALIFORNIA BAR SWEARING IN
CEREMONY (CONGRATS TO JANELLE!!)
BILL HOBSON -- 12/14 - 12/18 USP LOMPOC TDY
JEFF CAMPBELL -- 12/24/92 LAST DAY AT USP LOMPOC
LIDA PAETZKE -- 12/8 - 12/11
ANNUAL LEAVE:
JANET AUGUSTINE - 12/23-24 & 12/28
VALERIE STEWART - 12/24, 12/28-12/31
JUANITA JIGGETTS - 12/24
JENIFER GRUNDY - 12/29-12/31
JANELLE BROCK - 12/30-12/31

,

.

.' .. ,,)

Ii'.

01/22/1993

')

po-

UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

1/13/92

REPLY TO
ATTN OF:

-

================

07:27:33

DATE:

/

t: /

DOUGLAS CURLESS
REGIONAL COUNSEL
MONTHLY

SUBJECT:
TO:

::PORT

( 12/01-12/31 )

r/JJJ~1vJ.iLl,4.J

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:

JUL

TORT CLAIMS:
RCVD
CLOSED
PENDING
OVERDUE

AUG
50
76
380
101

38
50
406
136

SEP
44
76
347
89

DEC
43
1
432
204

NOV
33
16
393
144

OCT
43
14
376
128

TORT CLAIM INVESTIGATION STATUS: AS OF 12/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
01/22/1993

================

07:27:44

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JUL

38
32
1,64
41

25

1

0

1

AUG
28
50
142
39

SEP
42
28
156
53

OCT
40
36
160
57

0

1

0

NOV
14
34
140
48

23

4

JUL

AUG

SEP

OCT

NOV

DEC

RCVD

126

139

105

118

142

148

01/22/1993

07:27:52

INS/SOLER:
NEW
PENDING

JUL

508
23
15
2
5
1

AUG
528
25
8
4
11
2
7

3

5

33

2

DEC
15
8
147
52

ADMIN. REM. :

LITIGATION:
OPEN
NEW
HC
FTCA
BIVENS
OTHER
CLOSED

5

SEP
538
11
4
1
5

OCT
555
19
8
1

NOV
569

9

1
1

1
2

5
4
2

l.~

7
0

DEC
575
15
3
2
7
3

9

================
6
136

BROWN V. RISON/SENTENCING CASES:

NEW
PENDING:

5

(INCOMPLETE)

,~j,~~.-.·_it#tr~g~~=j~f~\tiifHtttfttt#&t~~_~~~itJ1itil{tti~~

HENTHORN:
PROCESSED

1

LITIGATION MATTERS:
SUPREME COURT
S.F. CHRONICLE AND DANNIE MARTIN V. RISON
PLAINTIFFS HAVE FILED A PETITION FOR CERTIORARI IN THIS CASE. WE WILL
WAIT TO SEE IF THE SUPREME COURT AND SOLICITOR GENERAL REQUEST A
RESPONSE TO THE PETITION FOR CERT.
9TH CIRCUIT
01/22/1993

07:28:04

----------------

MILLS V. TAYLOR, 9TH CIR. NO. 91-55362
SUPREME COURT DENIED CERT. IN 8TH CIR. CASE, U.S. V. MORELAND EFFECTIVELY
FORECLOSING ANY APPELLATE AVENUE FOR RESOLUTION OF THE CIRCUIT SPLIT ON
"PRIOR CUSTODY"/JAIL CREDIT. OPS MEMO WILL SOON INSTRUCT ISMS REGARDING
APPLICATION OF 9TH CIR. LAW AWARDING HALFWAY HOUSE TIME ON PRE-TRIAL
RELEASE AS "PRIOR CUSTODY CREDIT". THE NEXT LITIGATION BATTLE LOOMS OVER
APPLICATION TO INMATES SENTENCED IN OTHER CIRCUITS, BUT NOW HOUSED IN THE
9TH CIR./WESTERN REGION OF BOP.
.

**************

ANYONE GETTING CASES IN YOUR REGION SEEKING APPLICATION OF SUCH CREDIT
PLEASE NOTIFY WRO LEGAL AND COpy US WITH ANY PLEADINGS FILED. WRO HAS
PREPARED A 9TH CIRCUIT SENTENCING ISSUES MANUAL - IT IS AVAILABLE TO
ANYONE WHO WANTS A COpy .
U.S. DISTRICT COURTS
JENNINGS V. MITCHELL, ET AL., cv 89-4428-WJR(SH) (C.D.CA)
JUSTICE DEPT. HAS AUTHORIZED INDEMNIFICATION ($156,000) FOR THE STAFF
WHO SUFFERED THE ADVERSE JUDGMENT. MOTION FOR NEW TRIAL WAS FILED, ARGUED
AND DENIED BY THE DISTRICT COURT ON 12/28. U.S. ATTORNEY IS FILING
APPEAL.
MIR V. CRABTREE, CV 92-B-00225.
01/22/1993

07:28:11

THIS CASE IS CURRENTLY PENDING BEFORE AN

------------------------------

ADMINISTRATIVE LAW JUDGE FOR THE IMMIGRATIO~ AND NATURALIZATION SERVICE.
MIR WAS AN EMPLOYMENT APPLICANT WHO IS ALLEGING HE WAS DISCRIMINATED
AGAINST BY BEING DENIED A POSITION AT FCI SHERIDAN BASED ON HIS CITIZENSHI
P (PAKISTANI). CENTRAL OFFICE IS NOW HANDLING THE CASE. ATTY IS KELLY
TIRIK.
TOSTA V. FLOYD
PARALEGAL MIKE DEDMAN IS ALSO THE DHO AT FCI LOMPOC. INMATE HAS FILED
SUIT ALLEGING CONSTITUTIONAL VIOLATIONS BY THE DHO IN PROCEEDINGS WHICH
RESULTED IN SANCTIONS. INMATE HAS FILED TRAVERSE TO ANSWER - REPLY DUE
18/93.
~

.,

11

COUPAR V. BOP/UNICOR
NEW ADMINISTRATIVE LAW CASE SEEKING DAMAGES FROM BOP. INMATE CONTENDS HE
IS A "WHISTLE BLOWER" AND ENTITLED TO DAMAGES FOR RETALIATORY TRANSFER
FROM FCI TERMINAL ISLAND TO FCI LATONA. INMATE HAS FILED 3 PREVIOUS
ACTIONS WITH U.S. DEPT. OF LABOR (2 IN SCRO; 1 IN WRO). THE AIJ CASE IS
VENUED IN SAN FRANCISCO.

WRO/IRA KIRSCHBAUM HANDLING.

.

~ . :JJi... ).'~ ..j::~:~;!;';ff~d:5i:'4:.i"i~~iffI1$§tr~~~~~~~~~~~~~;;::::...:.~:~;~~~;,~,·,:_;;:~· .~~~~~df.~~f-~.~~~

....

.'

UPCOMING TRIALS:
u.S. V. SANTIAGO, C.D.CA., JANUARY 5, 1993. INMATE CHARGED WITH MURDERING
ANOTHER INMATE AT USP LOMPOC. NUMEROUS BOP EMPLOYEES CALLED AS WITNESSES.
/22/1993

07:28:23

================

HENTHORN REQUESTS COMPLETED 1/5/93.
MATTERS OF INTEREST/CONCERN
(*INDICATES AN ATTACHMENT - PLEASE CONTACT THIS OFFICE AT (510) 803-4723
IF YOU ARE RECEIVING THIS REPORT VIA SENTRY AND WOULD LIKE A COpy OF ANY
ATTACHMENTS)
ISM "PENPACKS"*
SOME INSTITUTION STAFF HAVE RECENTLY RECEIVED REQUESTS FROM LOCAL LAW
ENFORCEMENT AGENCIES OR DISTRICT ATTORNEY OFFICES FOR "PEN PACKS". THESE
REQUESTS ARE USUALLY HANDLED BY THE ISM, SEE THE ATTACHED FORM. THESE ARE
NOT TO BE HANDLED AS FOIA REQUESTS.
"LAW" - LEGAL ASSOCIATES WEST OF SACRAMENTO, CA.
MIKE DEDMAN WAS CONTACTED BYA DEPUTY DISTRICT ATTORNEY REGARDING THIS
SUPPOSED LAW OFFICE WHICH HAS BEEN SENDING SOLICITATIONS INTO INMATES.
APPARENTLY IT IS RUN BY A WILLIAM MARTIN RAVENSCROFT WHO IS NOT AN
ATTORNEY AND IS BEING PROSECUTED. CONTACT VALERIE STEWART IF YOU RECEIVE
ANY INFORMATION ABOUT HIS BUSINESS AT YOUR INSTITUTION.
REPRESENTATION FOR CONTRACT PHYSICIANS.
WE WON ONE!!! DOJ FINALLY AUTHORIZED REPRESENTATION FOR ONE OF THE
CONTRACT PHYSICIANS. IT IS DIFFICULT, BUT IT CAN BE DONE. SINCE THE DR.
/22/1993

07:29:00

================

IS NOT AN EMPLOYEE, THE DEPARTMENT MAKES DECISION UNDER THE "GOVERNMENT
BENEFIT" ANALYSIS. THEREFORE, IF YOU ARE DOING A REP. REQUEST FOR A
CONTRACT PHYSICIAN YOU NEED TO WORK WITH YOUR HSA TO DEVELOPE A LETTER/
DECLARATION WHICH SPECIFIES THE NEED FOR THE CONTRACTOR'S SERVICES,
SCARCITY OF SPECIALISTS, REMOTENESS OF FACILITY, COSTS OF PRIVATE
INSURANCE PREMIUMS INCREASED BECAUSE OF PRISON CONTRACT, ETC. THESE
REQUESTS NEED SPECIAL ATTENTION.
SETTLEMENTS:
ALLEN V. BOP - C.D. CAL. CIVILIAN DOD EMPLOYEE WAS BROADED SIDED BY FPC
BORON VAN WHEN VAN RAN A STOP SIGN. CIVILIANS PORSCHE WAS TOTALLED.
(CLAIM FILED BY INSURANCE COMPANY - NO INDEMNIFICATION ACTION AGAINST U.S.
FOR CAR). CIVILIAN CLAIMED $7,000 MEDICAL DAMAGES (VERIFIED) AND $5,500
IN LOST RETIREMENT BENEFITS (CIVILIAN WAS ABOUT TO RETIRE FROM DOD AND
WOUND UP LOSING SIGNIFICANT PORTION OF SICK LEAVE TO CONVALESE - THIS
WOULD HAVE BEEN CREDITABLE TOWARD RETIREMENT.)
PERSONNEL MATTERS:
WRO
DOUG CURLESS VALERIE STEWART /22/1993

07:29:10

JENIFER GRUNDY JANELLE BROCK JANET AUGUSTINE -

ANNUAL LEAVE 1/4 - 1/11
JURY DUTY 1/19 - ?

================
ANNUAL LEAVE 1/22 - 1/25
SWORN INTO CA. BAR (CONGRATS TO JANELLE)
ANNUAL LEAVE 1/5 - 1/8

...

.
JUANITA JIGGETS LIDA PAETZKE

TRAINING 1/20 - 1/22

INSTITUTION STAFF:
BILL HOBSON/MCC, SDC - BILL HOBSON'S LAST DAY IS 1/12/93. BILL HAS BEEN
THE ATTORNEY/ADVISOR AT MCC SAN DIEGO FOR THE PAST 1 1/2 YEARS. BILL
IS LEAVING THE BUREAU TO ENTER INTO TRIAL PRACTICE.
ANDREA DAHLSTEN/MCC, SDC - ANDREA REPORTS TO MCC SAN DIEGO AS THE ATTORNEY
ADVISOR AS OF 1/12. ANDREA HAS BEEN AT THE WESTERN REGION FOR THE LAST
2 YEARS.
JEFF CAMPBELL/USP, LOM - 12/24/92, LAST DAY FOR JEFF AT USP LOMPOC. JEFF
WILL BE THE ATTORNEY AT THE FLORENCE COMPLEX. YOU CAN REACH HIM AT
FLORENCE AS OF 1/14/93.
DARREN BRACEY/USP, LOM - DARREN IS HOLDING THE FORT AT USP LOMPOC UNTIL
A NEW ATTORNEY IS ON BOARD. JENIFER GRUNDY, ASSISTANT REGIONAL COUNSEL
IS PROVIDING BACKUP AT USP UNTIL THE NEW ATTORNEY IS IN PLACE.
TRAINING AT AURORA: 1/11 - 1/15/93
MARY SULLIVAN - SHERIDAN
JANE HASCHEMEYER - PHOENIX
01/22/1993

07:29:29

JENIFER GRUNDY JANELLE BROCK JANET AUGUSTINE JUANITA JIGGETS LIDA PAETZKE

------------------------------ANNUAL LEAVE 1/22 - 1/25
SWORN INTO CA. BAR (CONGRATS TO JANELLE)
ANNUAL LEAVE 1/5 - 1/8
TRAINING 1/20 - 1/22

INSTITUTION STAFF:
BILL HOBSON/MCC, SDC - BILL HOBSON'S LAST DAY IS 1/12/93. BILL HAS BEEN
THE ATTORNEY/ADVISOR AT MCC SAN DIEGO FOR THE PAST 1 1/2 YEARS. BILL
IS LEAVING THE BUREAU TO ENTER INTO TRIAL PRACTICE.
ANDREA DAHLSTEN/MCC, SOC - ANDREA REPORTS TO MCC SAN DIEGO AS THE ATTORNEY
ADVISOR AS OF 1/12. ANDREA HAS BEEN AT THE WESTERN REGION FOR THE LAST
2 YEARS.
JEFF CAMPBELL/USP, LOM - 12/24/92, LAST DAY FOR JEFF AT USP LOMPOC. JEFF
WILL BE THE ATTORNEY AT THE FLORENCE COMPLEX. YOU CAN REACH HIM AT
FLORENCE AS OF 1/14/93.
DARREN BRACEY/USP, LOM - DARREN IS HOLDING THE FORT AT USP LOMPOC UNTIL
A NEW ATTORNEY IS ON BOARD. JENIFER GRUNDY, ASSISTANT REGIONAL COUNSEL
IS PROVIDING BACKUP AT USP UNTIL THE NEW ATTORNEY IS IN PLACE.
.
TRAINING AT AURORA: 1/11 - 1/15/93
MARY SULLIVAN - SHERIDAN
•.'.
JANE HASCHEMEYER - PHOENIX
01/22/1993

07:29:36

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TINA ROBINSON - PLEASANTON