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APR. 23. 1997

3:42PM

NO.814

u.s. Department of Justice
Federal Bureau of Prisons

-DuNn. CaiIfDmia 1145BB

April 23, 1997

TO WALLACE H. CHENEY, GENERAL COUNSEL

tJcv Oe ~ ~ , e~. .,.....,~.

Harlan W. Penn, Reqional Counsel

Quarterly Report, Jan.-Mar. 1997
The following significant hearings or trials were held this
rter:
e, murder of LOM inmate in ~hich staff
at ack responding. Convicted at trial

--~~--~~~~~~~~~~

re2-Pacheco v. Reno (LOM) , EEO case filed by former physician
was harassed at FPC Lompoc because of his
Trial January 21~ 1997. Government found not

~~.~_.~e

Insurance v. USA (BRN) , FTCA case where civilian alleges
town dr ver cause collision. Trial February 27, 1997 in
Judqe took under advisement and will issue deCision

chael Hildum v. United
es, (SHE), tr~al February 12Inmate al ege sexua assault by correct1onal officer.
found plaintiff failed to prove case by preponderance of
dence and dismissed, entering juqqment for defendants. AU SA
Bauman and SHE Attorney Toni Brown represented the defendant.

APR. 23. 1997

3:43PM

NO.814

2

he following are settlements this quarter:
Joe Fields v. BOP, District of New Mexico. Estate of
ased inmate a;reed to settle for $40,000. Inmate, released
FeI Safford, alleged inadequate medical diaqnosis and care
throat cancer.
Ga" e v. Reno (TeN), EEO case filed by staff member at Fer TeN
al eging that he suffered discrimination on the basis of status
a Native American and was victim of retaliation for filing EEO
plaints. Mediation Hearing on March 7 resulted in settlement
in the amount of $182,000 including attorneys fees. Central
Of i~e staff represented BOP at mediation.

Please do riot hesitate to contact our office if additional
or.mation is needed.

LITIGl\TION LOC

NOM

HC

FTC

BIV

OTH

ANS

- March
PEN

Q.UARTER BBPORT

CLD

HIT

AWD

!

1997

SET

l

AWD/SET

MXR

~

NCR

.-$
:

NER

D
-0

;0

N
W
~

\D

~

$

W

SCR

$

W

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$
$ 222.000

ttXR

56

.31

7

14

4

29

335

65

4

0

2

CO

$

TOT

$

A

-0

3:

I

DEFINITIOtlS

Loe - Location
Total Number of Lawsuits Filed in Quarter
t4umber of Habeas Corpus J\ctlona Filed In Quarter
Number of FTC~ Actions Filed in Quarter
Humber of Bivens Actions Filed in Quarter
other A~tlons FlIed in Quarter
- Ilumber of Litigation Reports Completed
- Number of Actions Pending
rJumber of Pact ions Closed
"IT - Uumber of Hearings or Trials (Narrative Analysis Follows,
"WD
Number of Awards (lIarrative Analysi9 Follows,
SET - Number of settlements (NarratIve Analysis Pollows)
nwo/sRT - nmount ot settlemente and nwards

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FTC
BIV
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ANS
PEN
CLD

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LITIGATION ANALYSIS
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., - - -APR. 23. 1997'

3:43PM

NO.814

P.tS/t;

Tort C aims Second Quarter - FY97 (January 01, 1997 - March 31, 1997)

~
Ir ~ . I

Nu:n
1.25

pp
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26

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Mad

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20

Amnt

95

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4

A/O

A/P

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100

Time Period

- Number of claims filed ......... .
- Personal property claims •••••••
PI
- Personal Injury claims •••..••••
PPPI .. Both pp , PI claims ••••••••••••
WD
'. Wrongful Death claims .•••.••.•.
Num

01/01/97
01/01/97
01/01/97
01/01/97
01/01/97
Hed . Medical claims ••••••.•••••••••• 01/01/97
set . Settled/al?proved claillis •••••••• 01/01/97
Amnt .~ Amount pa1ci •••••••••••••••••••• 01/01/97

PP

.~

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2385

Variable Definition

Pen
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=<
=<
=<
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D_Accept <= 03/31/97

D_Accept <= 03/31/97
0 Accept <= 03/31/97
O-Accept <= 03/31/97
O:Accept <= 03/31/97

=< D_Accept <~ 03/31/97
;< D Closed <= 03/31/97

=< o-Closea <= 03/31/97

Pending/open claims ............. .
Entire Database ••
.• Number of claims Denied ........ . 01/01/97 =< D Closed <= 03/31/97
.. .. Entire Database
~ Number of claims OverDue ....... .
A/O
.. Avq number of days Overdue ••••• 01/01/97 =< D Closed <= 03/31/97
AlP ~ Avq number of days to Process .. 01/01/97 ~< D-Closed <= 03/31/97
• Med =- PIM+ WDM+ PPPIM+ PPWDM
.. WD = WD+ PPWD

• Press any key to continue •

.4

JUN.ll.199~

NO. 545

l~:~~~M

.--

TD:OGC GENERAL COUNSEL

P.V6

--'---

OPTIOf\lAL FORM 89 (7-90)

(

...

I Justice

TRANSMITTAL

•

To

of Prisons
Fuf
6C911-101

BEN~AL SERVICES ADMIJIIls:"f'IATION

Dublin. C"'lfornla 94568

OffIce of the Regional D;fSCtor

June 11, 1998

KEHORANDtJM TO WALLACE B. CHENBY I

PROM:

SUBJECT:

\",

GENERAL COUNSEL

ilo-LI-.
\V If?~
Harlan W. Penn, Regional

Counsel

Quarterly Reports for October to
and January to March, 1998.

Dece~er.

'1997

Attached are the FOI/PA and litigation forms reporting
information for the october to December, 1997 quarter and the
January to March, 1998 quarter. I believed the earlier period
had been reported but cannot locate a copy of that report so it
is being submitted now.
October to December, 1997.
There were two settlements or awards requiring narrative
analysis during this period. There were no trials or hearings
noted.
Harvin V' BOP (LOF) . Bivens action filed by inmate who allegB
he is Native American and claims he was denied sweat Lodge.
Inmate stipulated with Government that he was permitted to
sweat and case was dismissed. He has now been released. No
admission of liability, no financial compensation.
Janice West v. United States (DUB). FTCA action alleging
visitor fell on broken walkway at DUB. Case settled for
$50,000.00.

(

2555

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January to March, 1998.
There were two settlements or awards requ~r~ng narrative
analysis during this period. There were no trials or hearings
noted. The unusually large number of .closed cases reflects a
review of all files with information from the Pacer system.
W:j,ckline v United states (NEL!LOF). FTCA case regarding lest
inmate property settled for $124.00. Form 40s could net
establish proper handling of inmate's property between
institutions.
7

Lucas v. White (DUB). FTCA, Bivens and injunctive action by
three female inmates alleging they were subjected to sexual
abuse and harassment. Private Settlement agreement to dismiss
action in return for various training and policy initiatives
and the payment of $500,000.
Please do net hesitate to contact this office if additional
information is needed.

(

2556

LITIG1\TION -

WRO

QUARTBR RBPORT

.Ian. - "lBrch,

:?9A

r:

LOC

NUM

HC

FTC

BIV

OTH

ANS

PEN

CLD

HIT

AWD

SET

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MXR

$

NCR

$

NER

$

sen

$

SIm

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WXR

59

41

7

11

2

36

308

157

2

..
,
I.
,-.

;j
:3

$500,124

CO

$

TOT

$

DE PI NIT:IOt·JS

LOC - Location
Total Number of LawBuits Filed in Quarl:er
HC - Number of Habeas Corpus Actions FIled in Quarter
FTC - Number of FTCA Actions Filed in Quarter
BIV
Humber of Bivens Actions Filed in Quarter
OTH
Other A~tlons Filed in Quarter
AHS - rfU1nber of L1.tigation Reports Completed
PEN - Number of Actions Pending
CLU - Number of Actions Closed
HIT - Humber of Hear1.ngs or Trials (Narrative ~nalygis Follows)
I\WD - Number of Awards (Narrative Ana1ysis Follows)
SET - Humber of settlements (Narrative Analysis Follows)
nwo/sRT - Amount of settlements and Awa~do

IIml -

LITIGATION ANALYSIS
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--

----

BIV

-

-

Oee. - nee., 1997

QUMTER REPORT

WRO

---

aTH

ANS

PEN

CLD

HIT

A"m

SET

AWD/SET

MXR

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51

37

4

7

3

27

407

31

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0

0

2

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$ 50 000
$

TOT

$

--

DEFINITIONS

Loe

Location
Total Number of Lawsuits Filed in Quarter
HC
Number of Habeas Corpus ~ction9 FLIed in Quarter
FTC
Number of FTCA Actions Filed in Quarte~
BIV
flumber of Bivens Actions Filed In Quarter
OTH - other A~tionB Filed in Quarter

IIUM

:g
~

ANS - Number of Litigation Reports Completed
PEN - Number of Actions Pending
CLD - Number of Actions Closed
HIT - Numbdr of Hearings or Trials (Narratlve Analysis Follows)
AWD
Number of Awards (Narrative Analysis Follows)
SBT - Number of Settlements (Narrative Analysis Follows)
~WD/SF.T - Amount of Settlemento and Awards

LITIGATION ANALYSIS
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lUL.14.1997

~:13RM

NO. 163

u.s. Department of Justice
Federal Bureau of Prisons

OttiG'S gf the Regional DlrectDr

Dubin.

CalifgmlB 84SBB

July ll, 1997

MEMORANDUM

':''7

~~LACE H. CHENEY, GENERAL COUNSEl.

FROM;

ifr"~~

SUBJECT:

April 1 - June 30, 1997 Quarterly Report

Regional Counsel

Attached are the statistical data for the Western Region" for
this quarter. The award and settlement figure reflects one award
(actually a settlement reached in lieu of appeal after an adverse
verdict) and two settlements.
(1) Graham v. USA was an FTCA action in which an inmate was
hit by a roll of roofing material that fell through the roof of
food service at Fe!, Dublin. The matter settled for $3500.
(2) Asberry

~T.

BOP was an EEO action in which an employee was

discharged from MDe, Los Angeles after episodes indicating he was
unable to perform his duties. He asserted that he was the victim
of retaliation for assistinq female employees in reporting sexual
harassment. The jury awarded h~m $500,000 and the United States
settled for a total of $280,000, inclusive of attorneys fees.
(3) Moracco v. Reno was an FTCA action in which a for.mer
inmate at Fel, Safford complained that he was injured when he
fell from a van while in leg irons and other restraints. The
United States Attorneys Office in Tucson agreed to settle for

$12,363.
Please do not hesitate to contact me if you need additional
information.

April 1, 1997 through

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

LOe

June 31, 1997/

]rd

4ual:tt!L"

----- .,.

_.

LIT:IGATION -

NUM

He

FTC'

BIV

OTH

ANS

QUARTER REPOR'!'

PEN

HIT

CLD

AWD

SET

,..
AWD/SET
L.

MXR

$

NCR

$

NER

$

SCR

$

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:

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I

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57

4~

2 :

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26

352

1

40

-

TOT

1

2.

'...L'

~

$.
$ 296,863

$
$

DEFINITIONS

LOC - Location
ttUit - Total Number of LawsuIts Pi led in Quarter
He - Number of Habeas Corpus Actions Filed in Quarter
FTC - lIumber of FTC" Actions Filed in Quarter
BIV
l~umber of Bivens Actions Filed in Quarter
OTH - Other Attions Filed in Quarter
ANS
Number of Litigation Reports Completed
PEN - Number of Actions Pending
CLD - Number of Actions Closed
HIT - Number of Hearings' Qr Trials (Narrative Analysis Follows)
A"'D - Humber of Awards (Narrative AnaIysis Follows)
SET - Number of Settlements (Narrative Analysis Follows)
nUD/SET - Amount ~f Settlements and nwarde

LITIGATION ANALYSIS

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TUL. 14. 1997

9:13AM
NO. 163

P. 5/:>

Tort Clatms Third Quarter - FY97 (April 01, 1997 - June 30, 1997)

BBLOW AU aUG.BianD 'fULl.· 1'0. UtlORI'%JlG RZQDB8TZD D~'l'A PQR OJ-PICE
0)1 C;DBRI.L eamrSIL.
APPROPRUU JlAR.D~:tVB ANAl.!tSIS WILL BE
IHt!L1mBD •

.t.OC-. -NOM-.
~WXR

129

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PI

92

24

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PPPI - Both Property and Personal Injury

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u.s. Department of Justice
I

Federal Bureau of Prisons

CI \

-(

Dublin, California 94568

Office of the Regional Director

March 23, 1998

MEMORANDUM TO WALLACE H.

CHENEY, GENERAL COUNSEL

FROM:

Harlan W. Penn, Regional Counsel

SUBJECT:

Quarterly Report for Period July to September, 1997

Attached are the FOI/PA and litigation forms reporting
information for the July to September, 1997 quarter. As'
explained in the following paragraph, I am not including the Tort
or Administrative Remedy forms this quarter.
Unless specifically requested, we will not include Tort, rCl! or
Administrative Remedy statistical forms in future quarterly
reports.
In each case the forms used require data alreaj~'
available in Centra 1 Of f ice to be electronically or manuC!,~ ~ '~:
compiled here and then typed onto a blank form that is tnp~. faxed
or mailed to Cent ra 1 Of f ice and then, if used in furthe!." :- •. ;,. r t s,
copied from the faxed or mailed copy. The possibilitie~ .
clerical error are significant. The Tort information ~~
~~'~led
from the Tort Data Base which we transmit monthly to tL··
Branch. The For reporting requirements have changed
significantly in recent months. We provide the reques~.·:
information to Renee Bar ley at the beginning of each rn~:.·: :~.
also include information in the monthly report whi,.=h :~:
distributed by E-mail. The Central Office data base 4~: , . '
some of the information although it may not include al: ::'
required by new DO.' Guidelines. Administrative Re!"ned']'
information prov ided in prev i ous report s was ent i rr:: 1 y !.
" " .. :
from Sentry and then typed :'!lliJ) c1 form as describ~:"ci dl ..
d

El iminating the reg i ona 1 t rdnS(: r i pt ion and t ransmi ss i

statistics will save staff
of national reports.

~·.ime

and should improve

(~~.

lh~_:

.

.... ~.
.: : ' "

2

There were no settlements or awards requiring narrative analysis
during the July to September period. The trials or hearings
noted are described below:
u.S. v. Zubick, CV 97-3555-JGO (COCA). [LOS]
Three hearings held
in Los Angeles re sentence computation/credit issues.
Writ
granted and inmate release ordered July 30, 1997. Case was
unusually complicated by repeated efforts of District Court to
revise sentence to take into account Ninth Circuit orders
regarding two prosecutions involving similar conduct under old
and new law.
Naidenoff v. Stratman, CV 96-2008 BTM(CGA) (COCA). [SOC/PHX]
Court-ordered immediate release of inmate following hearing
regarding imposition of Special Parole Term Violation sentence
and resulting computation based upon Parole Commission Notice of
Action.
Low v. Clarke-Cain, CV 95-0888 RMT(SHx) (COCA). [BRN]
Religious
Freedom Restoration Act case in which inmate seeks injunctive
relief for practice of Satmar sect of Hasidic Judaism.
Trial
held September 29-30, 1997 in Los Angeles, but recessed for
settlement discussions.
Previously the Court ordered Low placed
in a halfway house for High Holidays.

~/

,)'~.". (to

u.s. Department of Justice
Federal Bureau of Prisons

Office of the Regional Director

Dublin, Califomia 94568

January 14, 1998

MEMORANDUM TO WALLACE H. CHENEY, GENERAL COUNSEL
FROM:

Harlan W. Penn, Regional Counsel

SUBJECT:

Quarterly Report for Period July to September, 1997
Fourth Quarter FY'97

Attached are the FOI/PA and litigation forms reporting
information for the July to September, 1997 quarter. As
explained in the following paragraph, I am not including the Tort
or Administrative Remedy forms this quarter.
Unless specifically requested, we will not include Tort, FOr or
Administrative Remedy statistical forms in future quarterly
reports.
In each case the forms used require data already
available in Central Office to be electronically or manually
compiled here and then typed onto a blank form that is then faxed
or mailed to Central Office and then, if used in further reports,
copied from the faxed or mailed copy. The possibilities fo~
clerical error are significant. The rort information is compiled
from the Tort Data Base which we transmit monthly to the LeI
Branch. The FOI reporting requirements have changed
significantly in recent months. We provide the requested
information to Renee Barley at the beginning of each month anj
also include information in the monthly report which is
distributed by E-mail. The Central Office data base also has
some of the information although it may not include all data
required by new DOJ Guidelines. Administrative Remedy
information provided in previous reports, was entirely retrieve:i
from Sentry and then typed onto a form as described above.
Eliminating the regional transcription and transmission of the~e
statistics will save staff time and should improve the accura~~'
of national reports.

2

There were no settlements or awards requiring narrative analysis
during the July to September period. The trials or hearings
noted are described below:
u.S. v. Zubick, CV 97-3555-JGO (COCA). [LOS]
Three hearings held
in Los Angeles re sentence computation/credit issues. Writ
granted and inmate release ordered July 30, 1997. Case was
unusually complicated by repeated efforts of District Court to
revise sentence to take into account Ninth Circuit orders
regarding two prosecutions involving similar conduct under old
and new law.
Naidenoff v. Stratman, CV 96-2008 BTM,(CGA) (COCA). [SOC/PHX]
Court-ordered immediate release of inmate following hearing
regarding imposition of Special Parole Term Violation sentence
and resultin'g computation based upon Parole Commission Notice of
Action.
Low v. Clarke-Cain, CV 95-0888 RMT(SHx) (COCA). [BRN]
Religious
Freedom Restoration Act case in which inmate seeks injunctive
relief for practice of Satmar sect of Hasidic Judaism. Trial
held September 29-30, 1997 in Los Angeles, but recessed for
settlement discu~sions.
Previously the Court ordered Low placed
in a halfway house for High Holidays.

LITIGATION
()

"()
1..

,~

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LOC

HUM

He

FTC

BIV

OTH

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PEN

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HER

$

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$

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$
49

34

2

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LITIGATION ANALYSIS

....

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FTC - Number of F~~ Actions Flled in Quarter
BIV - Number of Bivens Actions Filed in Quarter
orK - Other A~tions Filed in Quarter
~NS - Number of LLtigation Reports Comp1eted
PEN - Number of Actions Pending
CLD - Number of Actlons Closed
HIT - Number of Hearings or Trials (Narrative Analysis Follows)
AND ~ Humber of Awards (Narrative Analysis Pollows)
SET ~: Number of Settlemen~B (Narrative Analysis Follows)
nWO/SET - Amount of Settlements and Awards

.;r

AWD/SST

NCR

LOC - Location
NUM - Total Number af LaWBuita Piled In Quarter
HC - Humber af Habeas COrpus Actlona Filed in Quarter

....

SET

$

DEFINITIONS

CD

AWD

MXR

WXR

0')
0')

HIT

July - Sept. 1997

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