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Fbop Wxr Monthly Reports 1993jan-feb

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02/17/1993

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

12:07:16

DATE:
REPLY TO
ATTN OF:

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

2/15/93
DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(JAN 1 - JAN 30)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS: JAN
RCVD
30
CLOSED
26
PENDING
433
OVERDUE
210

FEB

APR

MAR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 12/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
02/17/1993

12:07:39

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JAN
11
27
131
42

1

FEB

ADMIN. REM. : JAN

12
MAR

FEB

o

0

APR

MAR

o

o

JUN

MAY

APR

MAY

o

11

JUL

JUN

5

4

AUG

JUL

SEP

AUG

37

5

OCT

SEP

NOV

OCT

3

DEC

NOV

DEC

114

RCVD

LITIGATION: JAN
OPEN
565
NEW
14
. HC
8
FTCA
3
BIVENS
3
OTHER·
1
CLOSED
24
02/17/1993

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

12:07:46

INS/SOLER:
NEW
PENDING

FEB

MAR

APR

MAY

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

18
143

BROWN V. RISON/SENTENCING CASES:
NEW
PENDING: 5
(INCOMPLETE)

JUN

JUL

AUG

SEP

OCT

NOV

DEC

4 .... ·
HENTHORN:
PROCESSED

3

LITIGATION MATTERS:
SUPREME COURT
9TH CIRCUIT
FRALEY V. BUREAU OF PRISONS, ET AL, CA9 93-35066
(CV 92-348 CI EWA) FRALEY SUED IN DISTRICT COURT TO RECEIVE "PRIOR
CUSTODY CREDIT" FOR TIME SPENT IN HOME DETENTION AND ON ELECTRONIC
MONITORING. DISTRICT COURT BRIDFING SCH: OPEN 3/29/93. ANSWER 4/28/93.
02/17/1993

12:07:57

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

****ANY OTHER REGION THAT HAS LITIGATED THIS ISSUE WE WOULD APPRECIATE
RECEIVING CIPIES OF BRIEFS, CASES, RESEARCH -- THIS MAY BE THE NEXT
SENTENCING ISSUE APPEAL.
HAWKINS V. RILEY
MILLS V. TAYLOR, 9TH CIR. NO. 91-55362
OPS MEMO FOR ISM'S 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'S 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. U.S. ATTORNEY IS FILING APPEAL.
02/17/1993

12:08:04

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

COUPAR V. BOP. 92-TSC-12 (AFFECTIONATELY KNOWN AS COUPAR III).
NEW ADMINISTRATIVE LAW CASE (DEPARTMENT OF LABOR) SEEKING DAMAGES FROM BOP
FOR "RETALIATORY TRANSFER". INMATE CONTENDS HE IS A "WHISTLE BLOWER"
PURSUANT TO 29 CFR PART 24 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). ALJ BOUBAR
(COUPAR 1) DISMISSED THE FIRST CASE FOR LACK OF JURISDICTION. ALJ SMITH
(COUPAR II) FOUND HE HAD JURISDICTION AND ENTERED A RECOMMENDATION OF
$10,000 DAMAGES AND REINSTATEMENT TO UNICOR JOB AND BACK PAY. THE
SECRETARY OF LABOR HAS NOT ACTED ON THIS RECOMMENDATION AND IS NOT EXPECTE
D TO FOLLOW THE RECOMMENDATION. ALJ MCCOLGIN (COUPAR III) INDICATED
DURING A SCHEDULING CONFERENCE HE FELT ALJ SMITH WAS INCORRECT IN HIS
DECISION AND HAS GIVEN COUPAR UNTIL FEBRUARY 8, 1993, TO DECIDE IF HE
WISHES TO PURSUE THIS CASE OR TO FILE A MOTION TO DISMISS. TENTATIVE
HEARING DATE SCHEDULED AT FCI OAKDALE FOR APRIL 20, 1993.
RELATED TORT CASES:
ESTATE OF PRATT V. U.S.A.

CV 92-5682 R (W.D.WA)

$4.5M X 3

HUBS V. U.S.A., CV 93-13 JE (D.OR)
$300,000
THESE SUITS ARISE OUT OF A TRAFFIC ACCIDENT INVOLVING A VAN FROM FCI SHE
ON 1/2/91 IN WHICH INMATE PRATT WAS KILLED, HUBBS, A THIRD DRIVER, WAS
NOT YET FILED COMPLAINT;
HAS

~/1:~::::D.12:::::~T:=::::~:::~=::::GOLD'

HOWEVER, DID FILE ADMINISTRATIVE CLAIM FOR $13K. HAVING PREVIOUSLY FILED
ADMINISTRATIVE TORTS AND THE TIME EXPIRED, COMPLAINTS ARE NOW FILED IN
DISTRICT COURT.
TORT CLAIMS PREVIOUSLY REFERRED TO CENTRAL OFFICE.
UPCOMING TRIALS:
U.S. V. BENSON, CR 91-1007, (C.D.CA)
FEBRUARY 11, 1993
FORMER STAFF AT FCI TRM IS BEING PROSECUTED FOR INTRODUCTION OF CONTRABAND-DRUGS AT TRM. CASE IS GOING TO JURY TRIAL, SAME WEEK AS THE JURY
SELECTION IN THE 2ND RODNEY KING TRIAL. HENTHORN REQUESTS COMPLETED
2/3/93.
CONCLUDED TRIALS:
U.S. V. SANTIAGO, C.D.CA. TRIAL BEGAN JANUARY 5, 1993.
INMATE CHARGED
WITH MURDERING ANOTHER INMATE AT USP LOMPOC.
JURY RETURNED A GUILTY
VERDICT AGAINST SANTIAGO ON 1/12/93.
HEARINGS FOR FEBRUARY/MARCH
WILMER V. MEYERS, N.D.CA (SAN FRANCISCO), MARCH 12, 1993. TELEPHONE
CONFERENCE WITH INMATE PLAINTIFF AND COURT. MOTION FOR SUMMARY JUDGEMENT
/17/1993

12:08:25

IN BIVENS CASE.

================
DOUG CURLESS/TINA ROBINSON.

POTNETIAL PROSECUTIONS:
U.S. V. MICHAEL D. HASH, TORT CLAIM NO. 92-08-400, S.D.CA. (SAN DIEGO).
WE WERE ADVISED BY THE U.S. ATTORNEYS OFFICE THAT THEY ARE GOING TO SEEK
PROSECUTION OF THE ABOVE NAMED INMATE FOR FILING A FALSE TORT CLAIM WITH
THE BOP!!!!!!
MATTERS OF INTEREST/CONCERN:
(*INDICATES AN ATTACHMENT - IF YOU ARE RECEIVING THIS VIA SENTRY AND WISH
A COPY OF AN ATTACHMENT PLEASE CALL VALERIE STEWART AT FTS 468-4723)
A QUESTION WAS RECENTLY POSED TO OUR OFFICE CONCERNING THE PROCESSING OF
EMPLOYEE CLAIMS.
DURING ANNUAL TRAINING, ONE OF THE INSTITUTIONS
APPARENTLY EXPERIENCED SOME STAFF DISCORD WHEN EMPLOYEES WERE ADVISED THAT
THE AGENCY HAS UP TO SIX MONTHS WITHIN WHICH TO RENDER A DECISION ON
ADMINISTRATIVE CLAIMS. WE WERE ASKED WHY A MORE LIBERAL USE OF THE BOPCA
STATUTE RATHER THAN THE CECA OPTION WAS NOT ADOPTED TO EXPEDITE RESPONSE.
WHEN AN INVESTIGATION ABOUT AN EMPLOYEE CLAIM IS RECEIVED FROM THE
INSTITUTION, WE ATTEMPT TO PROCESS IT UNDER THE MOST APPROPRIATE STATUTE
/17/1993

12:08:38

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

THAT CORRELATES TO THE FACTUAL BASIS AND WOULD PERMIT THE MOST EXPEDIENT
RESPONSE.
IF GOVERNMENT NEGLIGENCE CAN BE CONSTRUED, THE CLAIM IS
PROCESSED UNDER THE FTCA RATHER THAN CECA.
IF THE CLAIM AROSE DURING THE

NORMAL COURSE OF DOING ONE'S JOB AND IT DOES NOT INVOLVE OUR MISSION OF
THE CUSTODY AND CARE OF INMATES OR IS OTHERWISE NOT UNIQUE TO A PRISON
SETTING, THE CLAIM IS PROCESSED UNDER THE CECA PROVISIONS.
IF THE CLAIM
INVOLVES OUR MISSION OF THE CUSTODY AND CARE OF INMATES AND IS UNIQUE TO
A PRISON SETTING, THEN IT IS TREATED UNDER THE BOPCA STATUTE.
VERY FEW OF OUR EMPLOYEE CLAIMS ARE PROCESSED UNDER THE BOPCA PROVISIONS
BECAUSE THE FACTS DO NOT FALL WITHIN THE NARROW CONSTRAINTS OF THE
LANGUAGE OF THE STATUTE.
INSTEAD, THE MAJORITY OF THE CLAIMS HAVE BEEN
ALMOST EVENLY PROCESSED UNDER THE FTCA OR CECA.
DUE TO OUR APPROXIMATE FOUR MONTH BACKLOG OF OVERDUE CLAIMS, WE HAVE NOT
BEEN ABLE TO PROCESS EMPLOYEE CLAIMS IMMEDIATELY UPON RECEIPT OF THE
INVESTIGATION FROM THE INSTITUTION. WE HAVE HAD TO PRIORITIZE OUR TASKS
PERHAPS IN DEFERENCE TO STAFF AND ATTEMPT TO PROCESS THOSE CLAIMS THAT
POSE THE MOST PRESSING LIKELIHOOD OF LITIGATION.
EVEN THOUGH WE HAVE THE
OPTION OF PROCESSING CLAIMS UNDER BOPCA RATHER THAN CECA, THIS OPTION WILL
NOT EXPEDITE RESPONSE SINCE WE ARE NOT PRESENTLY TREATING RECENT EMPLOYEE
CLAIMS ANY DIFFERENT THAN THOSE RECEIVED FROM INMATES OR CIVILIANS.
02/17/1993

12:08:53

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

IT IS RECOMMENDED THAT INSTITUTION LEGAL STAFF INFORM EMPLOYEES AT THE
TIME OF FILING THAT THE AGENCY IS ALLOTTED UP TO SIX MONTHS TO PROCESS THE
CLAIM AND THAT A SEVERAL MONTH DELAY WILL MOST LIKELY BE ENCOUNTERED. IF
THE CLAIM IS NOT ROUTINE AND IS OF A PRESSING NATURE (E.G., THE AMOUNT
REQUESTED IS LARGE OR THE CLAIM SEEKS REPAIR COSTS OF ONE'S SOLE SOURCE OF
TRANSPORTATION), PLEASE ALERT US AND WE WILL LOOK AT PROCESSING IT IN A
MORE TIMELY MANNER.
THE NEW LMS COORDINATOR FOR THE WESTERN REGIONAL OFFICE WILL BE JANELLE
BROCK.
PLEASE ADDRESS ANY QUESTIONS OR CONCERNS TO HER AT FTS 468-4741.
ETHICS TRAINING:
JENIFER GRUNDY, ASSISTANT REGIONAL COUNSEL, AND TIM ROBERTS, MDC LOS
ANGELES STAFF ATTORNEY ARE CONDUCTING ETHICS TRAINING FOR WRO. THEY WILL
BE TRAVELLING THROUGHOUT THE REGION DURING FEBRUARY THRU APRIL.
"LAW" - LEGAL ASSOCIATES WEST OF SACRAMENTO, CA.
MIKE DEDMAN WAS CONTACTED BY A 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
02/17/1993

12:09:04

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

ATTORNEY AND IS BEING PROSECUTED. CONTACT VALERIE STEWART IF YOU RECEIVE
ANY INFORMATION ABOUT HIS BUSINESS AT YOUR INSTITUTION.
SETTLEMENTS:
ZANZUCCHI V. USA CV 88PERSONNEL MATTERS:
WRO
DOUG CURLESS -

TOUR PLE 2/9 WITH 3 VISITING PAKISTANI JUDGES
CENTRAL OFFICE/WXR LMS TELECONFERENCE 2/9

· ..
VALERIE STEWART JENIFER GRUNDY JANELLE BROCK JANET AUGUSTINE GLORIA POUPAR
JUANITA JIGGETS 02/17/1993

12:09:16

RC/AGC TELECONFERENCE 2/26 10:00PST
ANNUAL LEAVE 2/11 - 2/12
ANNUAL LEAVE 2/16 - 2/19
TDY AT LOM 2/1 - 2/5; ETHICS TRAINING NEL 2/12;
TUC 2/16 - 2/17; SAF 2/18 - 2/19
ANNUAL LEAVE 2/12

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

LIDA PAETZKE
INSTITUTION STAFF:
ANDREA DAHLSTEN: ANDREA REPORTS TO MCC SAN DIEGO AS THE ATTORNEY-ADVISOR
AS OF 1/12/93.
DARREN BRACY/LOM DARREN IS HOLDING THE FORT AT USP LOMPOC UNTIL A NEW
ATTORNEY IS ON BOARD. JENIFER GRUNDY, ASSISTANT REGIONAL COUNSEL IS
PROVIDING BACKUP UNTIL MATT CARNEY ARRIVES.
MATT CARNEY

MATT WAS SELECTED AS ATTORNEY-ADVISOR USP LOMPOC.
REPORTING DATE OF APRIL 5, 1993.

....

,
18/1993

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

12:28:00

DATE:

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

3/16/93

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(FEB 1 - FEB 28)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
FEB

TORT CLAIMS: JAN
RCVD
30
CLOSED
26
PENDING
433
OVERDUE
210

APR

MAR

MAY

JUN

JUL

SEP

AUG

OCT

NOV

DEC

7

18
422
198

TORT CLAIM INVESTIGATION STATUS: AS OF 12/31/1992
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
18/1993

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JAN
11
27
131
42

13

1

FEB
36
16
151
43

ADMIN. REM. : JAN

MAR

FEB

o

0

APR

MAR

o

1

MAY

APR

o

JUN

MAY

15

JUL

JUN

7

8

AUG

JUL

SEP

AUG

39

6

OCT

SEP

5

NOV

OCT

DEC

NOV

DEC

114

RCVD

LITIGATION: JAN
565
OPEN
·14
NEW
8
HC
3.
FTCA
3
BIVENS
1
OTHER
24
CLOSED
8/1993

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

12:28:04

12:28:09

INS/SOLER:
NEW
PENDING

11
146

FEB
562

MAR

APR

MAY

9
5
1
2
1

12

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

JUN

JUL

AUG

SEP

OCT

NOV

DEC

SETTLEMENT:
QUACKENBUSH $7,500
LITIGATION MATTERS:
SUPREME COURT
DANNIE MARTIN, SAN FRANCISCO CHRONICLE V. RISON, ET AL.
ON FEBRUARY 22, 1993, THE SOLICITOR GENERAL FILED A RESPONSE TO
PLAINTIFFS' PETITION FOR CERTIORARI IN THE DANNIE MARTIN CASE. WE HOPE
TO LEARN IF THE SUPREME COURT IS GOING TO ACCEPT CERT. IN THE NEAR FUTURE.
9TH CIRCUIT COURT OF APPEALS
JORDAN, ET AL. V. GARDNER, ET AL. 9TH CIR. NOS. 90-35307; 90-35552 EN
BANC OPINION FEBRUARY 25, 1993.
IN A 7-4 EN BANC DECISION, THE 9TH CIRCUIT COURT OF APPEALS HELD CROSS
03/18/1993

12:28:14

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

GENDER RANDOM PAT SEARCHES (MALE CORRECTIONAL OFFICERS/FEMALE INMATES
ONLY) CONSTITUTE A VIOLATION OF THE 8TH AMENDMENT PROHIBITION AGAINST
CRUEL AND UNUSUAL PUNISHMENT. THE MAJORITY (4 JUDGES) HELD RANDOM PAT
SEARCHES OF FEMALES IS AN 8TH AMENDMENT VIOLATION DUE TO THE HIGH
PERCENTAGE OF FEMALE INMATES WHO HAVE BEEN PHYSICALLY AND SEXUALLY
ABUSED. THREE JUDGES IN CONCURRING OPINIONS FELT THE PRACTICE OF RANDOM
PAT SEARCHES WAS VIOLATIVE OF THE 4TH AMENDMENT. THE MAJORITY SEEMED TO
FOCUS ON THE TESTIMONY OF THE PSYCHIATRIST TESTIFYING ON BEHALF OF THE
INMATES. THE COURT ALSO FELT THE RATIONALE FOR THE CHANGE IN WASHINGTON
DOC'S POLICY WAS MORE FOR THE CONVENIENCE OF THE EMPLOYEES UNION THAN FOR
THE SECURITY OF THE INSTITUTION.
THE DISSENT (J. TROTT, C.J. WALLACE CONCURRING IN A SEPARATE OPINION) FELT
THE ISSUE WAS ONE OF 4TH AMENDMENT ONLY. THE TURNER TEST SHOULD BE
APPLIED. THE DISSENT THEN ANALYZES THE WASH+NGTON DOC POLICY AND FINDS
IT TO BE REASONABLE UNDER TURNER.
CENTRAL OFFICE HAS CONTACTED ALL STATE DOC'S IN THE 9TH CIRCUIT TO INQUIRE
ABOUT THEIR CROSS GENDER RANDOM PAT SEARCH POLICIES. ALL STATES IN THE
9TH CIRCUIT (EXCEPT HAWAII) DO CROSS GENDER RANDOM PAT SEARCHES. THEY ARE
STUDYING THE OPINION AT THIS TIME. WASHINGTON DOC WOULD LIKE TO PETITION
FOR CERT., HOWEVER, THE ATTORNEY GENERAL AND GOVERNOR MAY NOT SUPPORT THE
03/18/1993

12:28:18

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

PETITION.
THE FIVE FEDERAL INSTITUTIONS IN WXR CURRENTLY HOUSING FEMALE PRETRIALERS
AND SENTENCED OFFENDERS (FCI DUBLIN, MDC LOS ANGELES, MCC SAN DIEGO, FPC
PHOENIX, AND FCI TUCSON) HAVE SUSPENDED CROSS GENDER PAT SEARCHES UNTIL
FURTHER NOTICE FROM CENTRAL OFFICE AND WXR.
WETTMORE V. GARDNER, ET AL. CA9 NO. 90-35348 FILED 3/3/93.
9TH CIRCUIT DECISION (1 WEEK AFTER JORDAN SUPRA.) REVERSING JUDGMENTS
ENTERED AGAINST WASHINGTON DOC STAFF FOR 1983 VIOLATIONS OF INMATES' CIVIL
RIGHTS. WASHINGTON STATE DOC INMATES SUED STATE DOC DIRECTOR AND STAFF
FOR THEIR POLICY REQUIRING DIGITAL RECTAL SEARCHES OF INMATES PRIOR TO
ENTRY IN INTENSIVE MANAGEMENT UNIT. THE U. S • DISTRICT COURT REFUSED TO

.....
CONSIDER DEFENDANT'S MOTION FOR QUALIFIED IMMUNITY UNTIL AFTER CLOSE OF
EVIDENCE IN THE TRIAL.
9TH CIRCUIT (3 JUDGES NOT SITTING ON THE JORDAN EN BANC SUPRA) REVERSED
STATING QUALIFIED IMMUNITY SHOULD BE DECIDED PRIOR TO TRIAL AND FURTHER
HELD THESE TYPES OF SEARCHES WERE DONE AT USP MARION, SANCTIONED BY
FEDERAL REGULATIONS 28 CFR 541.48(A) (1986), AND UPHELD BY CASE LAW. THE
COURT HELD THE WASHINGTON DOC STAFF WERE ENTITLED TO QUALIFIED IMMUNITY
AND REVERSED.
03/18/1993

12:28:22

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

u.S. V. JONES CA9 NO. 92-10258. ARGUED 3/8/93 SAN FRANCISCO.
U.S. ATTORNEY JOHN MENDEZ, N.D. CAL, ARGUED THE 9TH CIRUIT SHOULD NOT
FOLLOW THE 2ND CIRCUIT LINE OF CASES ALLOWING FOR DOWNWARD DEPARTURE
FROM THE SENTENCING GUIDELINES BASED ON AN INMATE'S YOUTHFUL PHYSICAL
APPEARANCE, SEXUAL ORIENTATION, AND HIS POTENTIAL FOR RAPE AND VICTIMIZATION. IN A 2-1 OPINION, LARA V. U.S., 902 F.2D 599 (2D CIR. 1990)
THE 2ND CIRCUIT FOUND IT APPROPRIATE FOR A DOWNWARD DEPARTURE BASED ON
THE ABOVE CHARACTERISTICS. THE COURT INDICATED THE BOP COULD NOT PROTECT
THIS YOUTHFUL, BISEXUAL, FEMININE INMATE. THE 2ND CIRCUIT CONTINUED WITH
THIS LINE OF CASES U.S. V. GONZALEZ 945 F.2D 525 (2D CIR. 1991); U.S. V.
RICHEY 949 F.2D 61 (2D CIR. 1991)& AND IT WAS SUBSEQUENTLY PICKED UP BY
THE 8TH CIRCUIT; U.S. V. LONG 977 F.2D 1264 (8TH CIR. 1992).
ON 11/1/91 THE U.S. SENTENCING COMMISSION RESPONDED TO THE LARA LINE OF
CASES WITH GUIDELINE AMENDMENT #386, HOWEVER THE COMMISSION OMITTED A
SPECIFIC CITATION TO LARA. THE FEDERAL PUBLIC DEFENDER IN SAN FRANCISCO
IS ARGUING LARA DEPARTURES STILL EXIST. AN EXPANSION OF THE LARA LINE OF
CASES COULD CAUSE BOP PROBLEMS IN THE FUTURE. THE COURT IMPLIES BOP CANNOT ADEQUATELY ADDRESS SAFETY REQUIREMENTS FOR INMATES COMING INTO THE
SYSTEM. THESE OBSERVATIONS COULD BE USED AGAINST BOP IN FAILURE TO PROTECT LAWSUITS AND WRONGFUL DEATH CASES. WE MAY ALSO BE CALLED UPON AT
03/18/1993

12:28:27

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

SENTENCING HEARINGS TO GIVE THE COURT INFORMATION ON WHERE INMATES CAN BE
HOUSED "SAFELY". THIS WOULD ERODE OUR ABILITY TO PLACE INMATES IN
FACILITIES WITHOUT COURT INTERFERENCE.
AN OPINION IS EXPECTED WITHIN THE NEXT THREE MONTHS.
HANDLING.

DOUG CURLESS IS

FRALEY V. BUREAU OF PRISONS, ET AL. CA9 93-35066, (CV 92-348 CI EWA)
FRALEY SUED IN DISTRICT COURT TO RECEIVE "PRIOR CUSTODY CREDIT" FOR TIME
SPENT IN HOME DETENTION AND ON ELECTRONIC MONITORING. DISTRICT COURT
BRIEFING SCH: OPEN 3/29/93, ANSWER 4/28/93.
MILLS V. TAYLOR, 9TH CIR. NO. 91-55362.
OPS MEMO FOR ISM'S REGARDING APPLICATION OF 9TH CIRCUIT 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 CIRCUIT/WESTERN REGION OF THE
BOP. ANYONE GETTING CASES IN YOUR REGION SEEKING APPLICATION OF SUCH
CREDIT, PLEASE NOTIFY WXR L~GAL AND COpy US WITH ANY PLEADINGS FILED.
U.S. DISTRICT COURTS

!

03 / 18 / 1993

12:28:32

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

ESTATE OF PRATT V. U.S.A. CV 92-5682 R WD WA $4.5M X 3
HUBBS V. U.S.A., CV 93-13 JE D. ORE
$300,000
THESE SUITS ARISE OUT OF A TRAFFIC ACCIDENT INVOLVING A VAN FROM FCI,
SHERIDAN ON 1 / 2/91 IN WHICH INMATE PRATT WAS KILLED; HUBBS, A THIRD
DRIVER, WAS INJURED.
SECOND PARTY INVOLVED, DARIGOLD, HAS NOT YET FILED A
COMPLAINT; HOWEVER, DID FILE AN ADMINISTRATIVE TORT CLAIM AND THE TIME HAS
EXPIRED. COMPLAINTS ARE NOW FILED IN DISTRICT COURT. TORT CLAIMS
PREVIOUSLY REFERRED TO CENTRAL OFFICE.
U.S. V. BENSON, CR 91-1007 CDCA
FEBRUARY 11, 1993
THIS PROSECUTION WAS DISMISSED ON MOTION OF THE U.S. AFTER SUPPRESSION
HEARINGS IN WHICH STAFF TESTIFIED AND COURT HELD THAT DETAINED STAFF'S
REQUEST FOR A UNION REPRESENTATIVE WAS TANTAMOUNT TO INVOKING MIRANDA
PROTECTIONS AND NO FURTHER QUESTIONING (BY FBI) SHOULD HAVE TAKEN PLACE.
FORMER STAFF AT FCI, TERMINAL ISLAND IS BEING PROSECUTED FOR INTRODUCTION
OF CONTRABAND DRUGS AT TRM. CASE WAS SET FOR JURY TRIAL.
U.S. V. DELONEY, CR, D. AZ
MARCH 9, 1993
PRESECUTION OF FORMER FOOD SERVICE SECRETARY FOR BRINGING DRUGS INTO FCI,
PHOENIX FOR INMATES.
MOTIONS HEARING MARCH 9; TRIAL SET FOR MARCH 22,
1993. JANE HASCHEMEYER COVERING.
03/18 / 1993

12:28:37

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

WILMER V. MEYERS, N.D. CAL (SAN FRANCISCO) MARCH 12, 1993
TELEPHONE SCHEDULING CONFERENCE WITH INMATE PLAINTIFF AND COURT. MOTION
FOR RECONSIDERATION OF SUMMARY JUDGMENT FILED TO BE CONSIDERED BY THE
COURT. DISCOVERY CUT-OFF 6/30/93. TWO DAY TRIAL SET FOR 9/20/93. DOUG
CURLESS, TINA ROBINSON.
TRIALS
FANT V. BOP, C.D. CAL (LOS ANGELES) TRIAL MARCH 9-11, 1993.
INMATE BROUGHT FTCA CLAIM FOR MEDICAL MALPRACTICE CLAIMING OVER $250,000
IN DAMAGES. THREE DAY TRIAL TO THE COURT CONCLUDED 3/11/93. POST-TRIAL
BRIEFS TO BE SUBMITTED BY END OF MONTH. JOHN NORDIN, AUSA AND DEE ALFORD
HANDLING.
SETTLEMENTS
ZANZUCCHI V. WYNBERT, ET AL., CIV 86-1335-PHX-RCB; ZANZUCCHI V. U.S., CV
88-0915-PHX.
ORIGINAL BIVENS CASE CONSOLIDATED WITH FTCA CLAIM.
US DC DISMISSED THE
03/18/1993

12:28:40

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

BIVENS AND FTCA COMPLAINT.
INMATE APPEALED TO 9TH CIRCUIT.
9TH CIRCUIT
UPHELD DISMISSAL OF BIVENS ACTION, BUT REMANDED THE FTCA CLAIM. WE AUTHOR
IZED AUSA TO SETTLE FOR $21,000 IN ANNUITY FOR INMATE'S CHILD IN APRIL OF
1992. PARALEGAL JANE HASCHEMEYER DISCOVERED CASE SETTLED IN DECEMBER OF
1992 FOR $25,000. NO NOTICE GIVEN TO BOP. (THE SILVER LINING TO THIS
CLOUD IS THAT INMATE WAS DIRECTED TO PAY $24,000 TO EX-WIFE FOR BACK CHILD
SUPPORT; $800 TO ATTORNEY; NET TO INMATE $200.)

,
MATTERS OF INTEREST/CONCERN:
THE NEW LMS COORDINATOR FOR THE WESTERN REGION WILL BE JANELLE BROCK.
PLEASE ADDRESS ANY QUESTIONS OR CONCERNS TO HER AT FTS 468-4741.
ETHICS TRAINING:
COMPLETED:
TIM ROBERTS: MDC LOS ANGELES 2/3: FPC BORON 2/11-12: FCI TRM 2/16-17; MCC
SAN DIEGO 2/18.
JENIFER GRUNDY: FPC NELLIS 2/11-12: FCI SHERIDAN 3/1-2.
SCHEDULED:
TIM ROBERTS: FCI PHOENIX 3/22-23: SEATTLE CCM 4/1 (GEIGER CAMP).
JENIFER GRUNDY: WXR 3/19 AND 3/25: FCI TUCSON 3/29-30; FeI SAFFORD 3/3103/18/1993

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

12:28:4~

4/1.

PERSONNEL MATTERS:
WXR
DOUG CURLESS:
RICO.
JENIFER GRUNDY:
LIDA PAETZKE:
GLORIA POUPAR:

3/23-3/26 AU SA TRAINING WITH SHERREE STURGIS IN PUERTO

TDY AT USP LOMPOC 3/8-3/17: ETHICS TRAINING (SEE ABOVE).
ANNUAL LEAVE 3/15-3/19.
NLTC TRAINING (AURORA) 3/22-4/9.

 

 

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