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Fbop Wxr Quarterly Reports 1995oct-dec

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644 P02

FEB 08 '96

UNITED STATES GOVERNMENT
MEMORANDOM
FEDERAL BUREAU OF PRISONS
DATB,
REPLY TO
ATTN OF:

(

DUBLIN, CALIFORNIA

February 8, 1996

~lV~~
Harlan W. Penn
Regional Counsel

SUBJECT a

Quarterly Report, October through December, 1995

To:

Wallace H. Cheney
General Counsel

Perhaps the most significant developments for the Western
Regional Legal Off ice in this quarter were personnel changes.
Juanita Jiggetts resigned as secretary to return to school.
Jenifer Grundy was selected as Lead Attorney at the Federal
correctional complex, Florence, Colorado. Her predecessor there,
Jeff Campbell, returned west as Assistant Regional Counsel.
Finally, David Morrison joined the office as paralegal trainee.
The two
furloughs that resulted from the lapse of
appropriations had a significant impact on the regional legal
office. During the first furlough we were completely closed for
two days and then returned to operations with one person in place.
During the second furlough we had three, and sometimes four,
persons in the office each work day_ . Most activities were
continued with institutional legal staff handling most contact with
Assistant United States Attorneys.
Dur ing this Quarter the Low v. Reno litigation started in
earnest as far as discovery was concerned. With cooperation from
FPC Boron and Central Office we sent 15,000 pages of documents to
the U.S. Attorneys office. Due to the furlough and the volume of
records, they did not complete processing those during the quarter
but continued in 1996.
Decisions were received regarding several of the cases arising
out of inmate transfers following the Sept. '93 disturbances at
Fel, Sheridan. All resulted in dismissals either at the district
court or at the 9th Cir. Inmates argued several grounds of
constitutional violations in the transfer process, however, BOP
procedures were upheld in all cases. Unfortunately there were no

reportable
('

~ecisions.

Jeff Campbell and James Wills along with CCM Michael Thomas
provided training for the San Francisco Public Defenders office on
2919

1t

(

December 12, 1995. Jeff Campbell attended by telephone hoox-up a
hearing of the California Lands Commission regarding jurisdiction
for FPC, Boron and the institution at Taft, California.

BEARINGS AND TRIALS:

u.s. y.

GARCIA
(C.DIST.CA)
Motion for Reduction of Sentence. Multiple hearings were held
in Los Angeles.
BOP produced a large volume of records of
Garcia's confinement in BOP and state contract facilities.
Court ordered additional medical exams while inmate was housed
at MOC-LOS.
Defense continued to allege bad faith and
inadequate medical care on part of BOP, sUfficient to warrant
reduction of sentence. Ultimately the District Court granted
a reduction in the sentence but did not interfere with the
Bureau's placement of the inmate 1n the Washington Department
of Corrections'. Inmate is former DEA agent who stole money
and drugs from DEA, and became a drug dealer himself. This
was DEA's largest agency corruption case at time of
prosecution.
I

USA v, REGGIE NEON BROWN. ET AL

('

(Dist. ORE)
Criminal prosecution of three remaining inmates for offenses
resulting from the 9/93 disturbance at FCI Sheridan. On Dec.
11, 1995, Reggie Neon Brown pled guilty to assault on federal
officer and was sentenced to 36 months.
Lowell Jackson and
Tahonne Boyd pled to destruction of gov't property and were
sentenced to 24 months.

\

2920

.510 803 4802

FROMC:)

...

..... . ....... .

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

__ ...

.. -BELOW ··AU·· ·SOQOBSnD TABLIa POR UPOR'f%NG UQt72S'%'ED DATA FOR OPPle!
OP GEIBR1l, COtTHSBL.
APPROPRIATE H~'1'IVE .. ANALYSIS· WILL BE
...... - . '''INCLODEn~ _.....

19:b.~
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2921

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;~

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.''''''--'''

LITIG1\TION

19~,

QUARTER REPORT

He

NUM

FTC

BIV

o'rH

ANS

PEN

CLD

I

HIT

AWD

SET

AWD/SET

MXR

$

NCR

$

NER

$

I

!

SCR

-

SER
WXR

~.

40

Lf

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33~

;Z

1'-1I

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aa

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: !

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l\: I

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.,
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$
:

$

}<6

0

:1

:i

"

LOC

~

:

$

co

$

TOT

$

Ii. I

II

I:

;I
! ;

i
i

-

D..~mUTIOt~~

r. oc. - Loca t ion
UUH - Total Number of La\~euits Filed in Quartnr
lie
- Number of lIabeas corpus Actions Filed i.n Quarter
tg FTC - Number of FTCA Actions Filed in Quarter
~ OlV - Number oC Rivens Actions Flled in Quarter
OTH - other A~tions Filed 1n Quarter
ANS - Number of Lttigatlon Reports Completed
PEN - Number of Actions Pending
CLD - Number of Actions Closed
H/1' - Number of Hearings or Trials (Narrative hnalysis Follows)
AWD - Number of Awards (Marrative Ana[ysis FolLows)
SET -. Number of Settlements (Narrative Analysis FoLlows)
nWn/S~T

- nmount of Settlements and Awarda

yITIGATION

AN~LVSIS

If

....

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. . . . . . . . . . . . . . . . . . . . . . . ",y

'-UUI '1~I:..L

MEMO
To:
From:
Subject:
Date:

l'-'Vfttt'l

NSN 7540-01.3".1318

5099.'01

GENERAl. SERvICES AOMINI6TAA1l0N

Wallace H. Cheney, General Counsel
Harlan w. Penn~£..-.
Quarterly Repon Infonnation - 1anuary to March" 1996
July 1S, 1996

Following is narrative information on the settlements during the January through
March quarter:
Gallimore v, Keohane, CV 95-1379-LGB(E), (CDCA) (Bivens) and CV 96.0663RAP (Inc), (CDCA) (FTCA). In these cases the US Attorneys Office entered into a
settlement for $10,000 without the concurrence of the Bureau of Prisons, Leon
Weidman, Civil Chief for the US Attorneys Office, states this is not the practice in his
office and should not occur again, The facts are that two correctional staff at USP
Lompoc held Gallimore by both arms and apparently twisted his arm with some nerve
injury resulting. The Officers admit holding Gallimore but claim it was "horseplay".
Gallimore acknowledged that they did not intend to hann him but also claimed he
was threatened him if he reponed the incident
J

t.

Svarverund v, United States, CV 94.6488, (DOR) (FTCA). Settled claim by Lane

County Deputy Sheriff who was injured when he fell from training tower at SORT
facility. The Tov.er \vas constructed without a safety railing that \Jot·ould have
prevented the injury The Coun pushed for settlement although the plaintiff s
contributory negligence might have resulted in a smaller award,
I

\..
2923

--

.

...--.......\

.'~ ..

....

LITJ:GATION

_

2nd 4'rR, 1996

QUARTBR RBPORT

(Jan., Feb. & Mar)

LOe

NUM

He

FTC

8IV

OTH

ANS

PEN

CLD

~

SET

AWD/SET
$

NCR

$

NER

$

seR

$

SER

$
19

47

9

18

11

1

333

47

0

0

2

$67,500

CO

$

TOT

$

DE"FI 1-1 ITIONS

fS

AWD

MXR

taR

I\)

HIT

LaC - Location

NUH - "rotal flumber of LawBuit.s Filed in Quarter
tiC - Ilumber of "abeaa Corpus Actions Filed 1n Quarter
FTC - Number of FTCA Act.ions Filed in Quarter
OIV - Number of Bivens Actions Filed in Quarter
OTH - other A~tion9 Flied in Quarter
,\NS
r~umber of. Litigation Reports Completed
PEN - Number of Actions Pending
CLD - Number of Actions Closed
HIT - r~umber of Hearings or Trials (Narrative Analysis Follows)
I\WD -. Number of Awards (Narrative Analysis Follows)
SET ~. tfumber of settlements (Narrative I\nalysig Follo",s)
'U~D/SET -

Amount of

settlements and Awards

LITIGATION ANALYSIS
Settlements:

Svarveruntl v. u. s. CV94-6488, D.OR
Gallimore v. Keohane
CDCA

1J:\SHAR£OOC\UtSR\QTRRPlS\9LNICCRID

$57,500
10,000

(

(

SILOW ~ aooolsnt) 'tABLlS PQa P.lPOR':IKG R.!QtrZSTEO DATA FOR. OFPICE
OF GZNBUL C:OtnlSIL.
),PPROPRIA'1'Z NA.P.RATlVE AN"LYSIS WILL BE

INCLt1D!D.

Lee

HUH

PROP

PI

tVx(.

l",. ,

'Ilf,

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APPR AK'l'
(~}/L.t)

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5!

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2925

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(

MEMO
To:
From:
Subject:
Date:

Wallace H. Chen;Y Ge~eral Counsel

r

HarlanW.PeM~ ?~
Quanerly Report Information - April to June, 1996

July 18, 1996

Follo\lt ing is narrative infonnation on the· settlements and judgments during the April
through June quarter:
1

Allen-Atkins v. Reno. eIV 93-707 TUC-WDB, (DAZ) (EEO). Employment

discrimination case involving former Tucson employee now working in Central
Office. Settlement for $25,500.

( .....
\"

Us selman v. Crabtree~ CV 93 ... 1577 FR., (DOR) (FTCA). Judgement for $150,000
after trial on issue of.damages. The United States conceded liability due to
probationary officer returning Usselman to his cell handcuffed without handcuffing
his cell mate per policy. Cell mate then used a metal pipe to beat Usselman on the
head while the officer ~latched until other staff arrived. Usselman suffered
permanent brain damage.

2926

LITIGATION 3rd

,~~&(,

1996

QUARTER REPORT

(Apr., May & June)
LOC

He

NUN

FTC

BIV

OTH

ANS

PEN

CLD

~

SET

AWD/S~·

$

NCR

$

NER

$

SCR

$

SER

$
55'

)/.

4

15

24

1.

268

20

1

1

1

$ 175.500

CO

$

TOT

$

DBFJNITIOr"~

I\)

AWD

MXR

'''XR

~

HIT

LOC
UU'"
tiC
FTC
"IV

-

Location
Total Number of Lawsuits Filed in Ouarter
Number of Habeas Corpus Actions FLied In Quarter
Number of FTCA Actions FlIed in Quarter
Number of Aiven9 Actions Filed 1n Quarter
OT .. - other Af:tions FlIed in Quarter.

Number of Litigation Reports Completed

nNS

PEN - Number of Actions Pending
CLD - Number of ~ctions Closed

Number of Hearings or Trials (Narrative Analysis Follows)
Number of Awards (Narrative Analysis Follows)
Number of Settlements (Narrative Analysis Follows,
nWO/S~T - nmount of Settlements and nwardn

lilT

I\\~D SET ~.

~ITIGATION ANALYSI~

Settlement:

Allen Atkins v. Keno. CV9J-707. D.OR

$25.500

Trinh.;:

v.

U~Belmdn
Crabtree.
1I:\SHAREf'iOC\t nOR\CHRRP IS\RLNICGRID

n.OR

$150,000

.J UL.. • .L U • .L .J.JU

.I. .I. • .." .... 1""1, I

BZ~.

(

0'

u.s

8tJ0C3ISHD TABUS POI. QpOJl.'1'IHG R!QtrZS'1'ZD DATA FOR. OrPICE
G!HlUL eOtrNS2L.
APPROPRI~'l'B
NARRATln ANl\LYSIS WIL~ BE

INCLOD!D.

Lee

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PROP

HUH

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2928

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u.s. Department of Justice

i

Fede~al

Bureau of Prisons

(

January 9, 1997

MEMORANDUM TO WALLACE H. CHENEY, GENERAL COUNSEL

FROM:
SUBJECT:

".

)J. .. ~w.~.

Harlan. Penn, Reqional Counsel

Quarterly Report for Period July to September, 1996

Attached are the forms reportinq information for the July to
September, 19.96 quarter. There were no Settlements, Awards or

c.

Trials requiring narrative analysis during that period. .

2929

t-'.c:../::>

LITIGATION - JULY - SEPT.

QUARTER REPORT

1996
'f

i

OTH

eLD

AND

1.

I

LOC

I

MXR

$

HCR

$

NER

$

1.11

SCR

$

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$

NUM

He

FTC

8IV

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AWD/SF:r

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.....
• t.Q

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56

40

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11

1

17

294

30

0

co

0

.0

$

11.'

-J

~

0

$

TOT

-

$

Dl:FIN~TlorIS

l.OC - LocatiDn
tlUM
Total Number of LawBuits I'i"lea in Quarter
He - Number of Habeas Corpus Actiona Fi1ed in Quarter
FTC - 'lumber of FTCA Ilctions Filed in Quarter
BIV - Number of Bivens Actions Filed in Quarter
OTH - other A~tlone Piled 1n Qaarter
ANS - number of Litigation Reports Completed
PBN'- Numbe~ of Actions Pendinq
CLD - Number of Actions Closed
HIT - Humber of Hearings or Trials (Narrative Analvsis Follows,
I\~'D - I{umber of Awards (Narrative Analysis FoLlows I .
SET - Number af Settlements (Narrative ftnalysla Follows,

AWn/SET - nmount of Settlements and

a
~
C'I

~wardB

LITIGATION ANALYSIS

a
N

~

M:\SH~IEDOC\lJTBR\QTRRP1S\ULNKGR)D

"0

~

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"--

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BBLDW &lUI saGG.anD '1'ULII ro~ utoa-z'%ltG BQUI.TID D:l'!~ POR OFl'IC:!
0'
GZRJIA.L C01'Jll8BL.
AI'P1tO..alA'rB HAIJIA'1'IVB AHALYSIS WILL BI
IJlCLaD.~.

4th
IDe:

NUll

- WIt.

i.~2

Quar~er

PROP

PI

. -98

30

FY-96

JULY 1, 1996 -

APPR

AM'1'

DEN

3102

102

24

MED

PPPI

1

2

1

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'AI" - &ftDB ! . Cia O. !lUi IfO ~I
WID - Y%ongful Death
_

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- PIK Er WH· & PPPIM & PPWM

PPPI - Both Property and Personal Injury

(
2931

SEP~EMBER

30. 1996

PEND

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140

10

24

116

"'I

,
UNITED STATES GOVERNMENT
MEMORANDUM
FEDERAL BUREAU OF PRISONS
DUBLIN, CALIFORNIA
DATE:

November 8, 1996

REPLY TO
ATTN OF:

Harlan W. Penn
Regional Counsel

SUBJECT:

Quarterly Report, October through December, 1995

To:

Wallace H. Cheney
General Counsel

Perhaps the most significant developments for the Western
Regional Legal Office in this quarter were personnel changes.
Juanita Jiggetts resigned as secretary to return to school.
Jenifer Grundy was selected as Lead Attorney at the Federal
Correctional Complex, Florence, Colorado. Her predecessor there ,
Jeff Campbell, returned west as Assistant Regional Counsel .
Finally, David Morrison joined the office as paralegal trainee.
The
two
furloughs
that
resulted
from
the
lapse
of
appropriations had a significant impact on the regional legal
office.
During the first furlough we were completely closed for
two days and then returned to operations with one person in place.
During the second furlough we had three, and sometimes four,
persons in the office each work day.
Most activities were
continued with institutional legal staff handling most contact with
Assistant United States Attorneys.
During this Quarter the Low v . Reno litigation started in
earnest as far as discovery was concerned. With cooperation from
FPC Boron and Cen.tral Office we sent 15,000 pages of documents to
the U.S. Attorneys office. Due to the furlough and the volume of
records, they did not complete processing those during the quarter
but continued in 1996.

Decisions were received regarding several of the cases arising
out of inmate transfers following the Sept. '93 disturbances at
FCI, Sheridan. All resulted in dismissals either at the district
court or at the 9th Cir. Inmates argued several grounds of
constitutional violations in the transfer process, however, BOP
procedures were upheld in all cases. Unfortunately there were no
reportable decisions.
Jeff Campbell and James wills along with CCM Michael Thomas
provided training for the San Francisco Public Defenders office on
December l2, 1995. Jeff Campbell attended by telephone hook-up a
hearing of the California Lands Commission regarding jurisdiction
for FPC, Boron and the institution at Taft, California.

HEARINGS AND TRIALS:
U.S. V. GARCIA C.DIST.CA)
Motion for Reduction of Sentence. Inmate is former DEA agent
who stole money and drugs from DEA, and became a drug dealer
himself. Multiple hearings were held in Los Angeles. Defense
alleged bad faith and inadequate medical care on part of BOP,
sufficient to warrant reduction of sentence. Ultimately, the
District Court granted a reduction in the sentence but did not
interfere with the Bureau's placement of the inmate in the
Washington Department of Corrections.

. FROM : W R 0

BOP

(I) .

510 803 4802

1996,03-18

10:33

~605

.. U; S. Department of Justice
Federal Bureau pf Prisons
I

Western Regional Office

Dublin, California 94568

FACSIMILE TRANSMISSION RECORD
Bureau of Prisons
Weste~ Regional OMce
7950 Dublin Blvd., 3rd Floor
Dublin, CA 94568
Office Phone 510-803..4723
FAX No. (510)803-4818
Number of Pages 3
(1;xcluding Cover Sheet)

Date:

To:

.:;==S=

Ad·
m e7Pd
n,e

From:

Remarks:

The infonnation contained in this facsimile message is intended only for
the personal and confidential use of the above designated recipient[s].
This message may be a cOIIUDunication between an attorney and client and, as such, is
privileged and confidential. If the reader of this message ,is not the intended recipient
or any agent responsible for delivering this ~essage to the intended recipient, you are
hereby notified that you have received this document in error, and any review,
dissemination, distnbution or duplication of this message is strictly prohibited. If'you
have received this communication in error, please notify us immediately by telephone
and return this original to us by mail at our expense. Thank you.

P.01/04

• FROM

.... .....
-:

10:34

1996,03-18

510 803 4802

:w R a BOP

~605

P.02/04

--------.---~

.... -BELOw "'W"'-SCGOBSnD TAlLIS paR UPOIl'f%NG REQt7:!S'l'ED DATA FOR OFFICE
OF GEIBR1L COtniSBL.
>'PPROPRIATE NARRATIVE .. ANALYSIS . W:ILX. BE
-"-' . -~-""'''INCLODZD ~ .. ----. .. ~

'l'OR1' CLAIKB

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DEF II~ r TIO~~S

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-

Loca t ion
Total Number of La''''Buits Filed in Quarter

(,.

m
Q

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Number of Habeas Corpus Actions Filed in Quarter
Number of FTCA Actions Filed in Quarter
BIV - Number of Divens Actions Flled in Quarter

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OTH - other A~tion8 FLIed in Quarter
ANS - Number of Litigation Reports Completed

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PEN - Number of Actions Pending
eLC - Number of Actions Closed
HIT - Number of »earings or Trials (Narrative nnalysls Follows)
AWC - Number of Awards (Narrative AnaIysls Follows)
SET ~ Number of Settlements (Narrative Analysis Follows)
nWO/SF.T - nmount of Settlements and Awarda

LITIGATION ANALYSIS

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