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Usdoj Fbop Memo Re South Central Regional Monthly Litigation Rep June 1998

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U.S. Department of Justice

Federal Bureau of Prisons
Dallas. Texas 75219

South Central Regional Office

July 1, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - June 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN
160
90

FEB
180
108

APR
163
85

MAR

189
141

MAY

JUN

197
158

190
138

JUL

AUG

SEP

OCT

NOV

DBC

TORT CLAIMS
PENDING
. RECEIVED
ANSWERED
PENDING
OVER SIX MO

JUL

AUG

SEP

OCT

NOV

DEC

JU

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

21
45
41
21

N
21
42
39
24

9

9

JAN
133
56
33
156
0

FEB
156
67
36
187
1

MAR

APR
201
48
45
205
1

MAY

JUN

195
52
46
201
1

193
45
53
185
1

193
47
61
179
1

JA
N
56
28
28
56
22

FE
B
56
30
22
54
45

MA

AP

R
54
43
82
15

R
15
88
70
33
10

MA
Y

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

I LITIGATION

13

.
JA
N

FE
B

MA

AP

JU

R

MA
Y

JU

R

N

L

CASES RECD
CASES CLOSED
HABEAS CORPUS
B:IVENS
FTCA

17
4
13
4
0

15
9
9
3
2

19
34
11
1

14
35
8
3
1

10
29
3
4
1

11
28
7
2
2

OTHER
L:IT REPORTS
HEAR:INGS/
TR:IALS
SETTLEMENTS/
AWARDS

0
12
0

1
17
2

2
15
2

2
14
1

2
15
2

0
8
2

0

0

0

1

0

0

6

AU
G

SE
P

OC
T

NO
V

DE
C

CASES WITH HEARINGS OR TRIALS

Kniaht v. HeftIer. Trial held at FCI Seagoville on Monday,
June 8, 1998. Chief Judge Jerry Buchmeyer presided. The case
was a Bivens actions stemming from an inmate's alleged food.
poisoning. None of the other inmates who testified suffered any
illness after eating the allegedly tainted shrimp.
In less than
two hours, Judge Buchmeyer granted the government's Motion to
Dismiss.
Plunkett v. Gunja. Telephone conference scheduled. Judge issued
no orders or rulings as a result of hearing. FCI Three Rivers
inmate contends that he was transferred to the Southern District
of Texas in retaliation for litigation filed against the BOP and
its employees. The plaintiff also avers that BOP staff
negligently forced him to cell with an inmate who threatened to
sexually assault plaintiff.
CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

b.

Tort

Cla~

settlements

Norma Carter - FPC Bryan medical malpractice claim was approved
by DOJ for settlement in the amount of $150,000. Final paperwork
is being currently prepared.

c.

Other settlements

FPC Bryan reports that a settlement agreement has been signed in

Ahr v. Reno, H-96-3641 (SD/TX).
In exchange for $11,250.00,
Ms. Ahr will withdraw above captioned matter and a pending EEO
complaint raising retaliation issues.
SIGNIFICANT CASES
Stephen Casey Blalock v. United States of America,1:98-CV-120-C
(ND/TX). On June 3, 1998, Blalock, an FCI Big Spring inmate,
filed a civil action challenging the inclusion of his instant
offense as a crime of violence in all cases. Blalock was
convicted of being in possession of a firearm during and in
relation to a drug trafficking crime. Blalock challenges the 5th
Circuit interpretation of Venegas. He cites other circuits have
followed Downey v. Crabtree and that the 5th circuit
interpretation of 3621{e) denies him the opportunity to benefit
from an early release following the completion of his SOO-hour
drug treatment program. The record reflects that before Blalock
entered the SOO-hour program he had been placed on notice that he
would not be eligible for early release due to his instant
offense.
Yuk Runq Tsang v. Bureau of Prisons Office of General Counsel,
1:98-CV-114-C, (ND/TX).
FCI Big Spring reports that Tsang has
filed this civil action claiming he completed the SOO-hour drug
treatment program in 1994. The Bureau was aware Tsang had a
detainer lodged against him for deportation before he began the
program. The record reflects Tsang entered the program
immediately after the designated Residential Treatment Unit was
burned during an institution riot. Tsang and other inmates were
placed in other units at FCI Phoenix and allowed to complete the
program as if they had been assigned to a dedicated drug
treatment unit. Approximately two years after completing the
SOO-hour program, Tsang was notified his early release to his
detaining authority had been revoked. The record reflects this
early release was revoked due to Tsang's failure to reside in a
dedicated drug treatment unit. Tsang argues this was not his
fault. He states he completed the program in good faith.
We
have found no record Tsang was ever offered the opportunity to
return to a Residential Drug Treatment Unit to complete the
mandatory stay of 180-days. We are waiting on a decision from
the Central Office as to Tsang's eligibility to benefit for this
early rele?se.
.
Len Davis v. BOP. et al., PB-C-97-494 (ED/AR). The Community
Corrections Center in New Orleans reports that a death row inmate
housed in a state facility refiled a previously dismissed
Personal liability claim against a BOP employee. A Motion to
Dismiss the new suit on res judicata grounds has already been
filed.
Reed v. Stone, A-97-CA-899-JN, WDTX. Bivens action against the
HSA at FCI Bastrop alleges deliberate indifference in failing to
obtain treatment for keloid formations on plaintiff's ear.

Defendant's Motion for Summary Judgment granted by court.
Jeff H. King Sr. v. Janet Reno, LR-C-98-258/Civil No. 3-94-33.
In this FCI Forrest City case, inmate King was convicted of Felon
in Possession of a Firearm, Title 18 U.S.C. section 922 (g). The
inmate was denied the year off because the offense was determined
to be a crime of violence. The inmate challenges this
determination.
Dr. Omar Tusshani v. USA, is a suit filed by plaintiff against
the U.S. Marshals Service and FMC Fort Worth. Plaintiff received
significant injuries while housed in a contract detention
facility in Wyoming under a USMS contract. He was transferred to.
FMC Fort Worth to receive physical th~rapy. This suit alleges
plaintiff received inadequate medical care and treatment and, as
a result, sustained permanent damage and significantly reduced
life expectancy. The administrative claim was in the amount of
$15,000,000 and was denied.
Brian Maurice Fuller v. USA. This civil action out of FCI'La
Tuna alleges plaintiff suffered severe physical injury at FCI
Three Rivers to his knee, hip, and back, due to the negligent and
wrongful acts of BOP employees.
Plaintiff further alleges he was
subjected to a delay in surgery and that the rehabilitation
following surgery was below the standard of care, causing further
damage and resulting in a second surgery. Further, plaintiff
alleges he was prescribed a harmful medication. The claim is
unclear as to where these allegations took place, but it appears
he questions the care he received at FCI Three Rivers,
FCI Bastrop, and FMC Fort Worth. He is seeking $3,241,000 in
damages.
FCI La Tuna reports Westray Daves v. Slade, EP-98-CA-218-H
(WO/TX).
Inmate Daves challenges the early release policy
barring his eligibility because the policy was promulgated after
he was sentenced.
FTC Oklahoma reports that Steven Sherrod v. Bob Guzik,
CIV-97-1530-L. By judgment entered May 28, 1998, the petition
for Habeas Corpus was granted, and the matter was remanded to the
Bureau of Prisons for further proceedings consistent with the
Report and Recommendation and Fristoe v. Thompson
F.3d
(10 th
Circuit, April 28, 1998.)
Unit Management is currently-processing the referral for CCC placement.
James Burdette Newton v. Federal Bureau of Prisons, 5:98cv194
(ED/TX) - Petitioner contends that he is being wrongfully denied
early release from FCI Texarkana because of prior guilty pleas he
allegedly made without the benefit of counsel.
SIGNIFICANT TORT CLAIMS
Anthony Austin (aka Wa'il M. Muhannad) contends staff at

..
USP Beaumont failed to provide adequate surveillance equipment in
common areas which would protect inmates from physical attacks.
He also contends that specific staff failed to supervise the
common areas. Mr. Austin contends that a staff member observed
the attack, but failed to intervene in a timely manner.
Mr. Austin contends that another inmate intervened and stopped
the attack, but not until he experienced convulsions and severe
lacerations below his chin. He states that he now is suffering
nerve damage on the left side of his face and body. The sum
certain requested is $25,000.00. (T-SCR-98-099)
Ronald Fishman, an inmate incarcerated at FMC Fort Worth,
claims liability in the amount of $1,500,000 (T-SCR-98-240).
Fishman alleges he was denied access to needed medical care
(500-hour Drug Abuse Program), which has caused mental anguish
and emotional distress, resulting in depression and inability to
sleep.
The family of Julian Yarbrough, who died while incarcerated at
FMC Fort Worth, claims liability in the amount of $2,800,000.
They allege the BOP failed to timely diagnosis squamous cell
carcinoma in the neck, which ultimately resulted in Mr.
Yarbrough's death. (T-SCR-98 -260)
An FPC EI Paso staff member filed tort claim T-SCR-98-239,

in
which she seeks $250,000.00 for personal injury. She alleges
that a staff chaplain fondled her at FCI La Tuna. We understand
that she and a female staff chaplain, who alleges being assaulted
in a similar manner by the same staff member, have filed EEO
claims. Her administrative tort claim was filed by an attorney
acting on her behalf.

Tomas Zambrano, an inmate housed at FOC Oakdale, alleges that he
was injured while playing softball. He contends that a specific
Physician's Assistant initially refused to examine him and
instructed him (Mr. zambrano) to report to sick calIon the
following Monday, May 12, 1997. On May 12, 1997, x-rays were
taken and it was determined that the fibula at his right ankle
was fractured.
Surgery was ultimately performed and $100,000.00
sum certain is noted as damages for the misdiagnosis and
malpractice of a displaced fracture of the fibula. (T-SCR-98-148)
Inmate Liasse Bazelias contends that staff at FOC Oakdale
examined him upon his arrival on November 6, 1996, and determined
that he was in "satisfactory medical condition." He alleges that
during January 1997, he was treated for a cold and staff
inappropriately prescribed a 800 mg. of ibuprofen three times per
day, which has resulted in the destruction of his kidneys.
He
seeks $6,912,000.00 in damages and future medical care.
(T-SCR-98-224)
Inmate Alfred Green seeks $3,000,000.00 as compensation for
deliberate indifference to his medical needs by the medical

..
.d epartment and UNICOR staff members at FeI Three Rivers.
Inmate
alleges he was ordered to push a fork lift up a ramp in UNICOR
during 1994, which resulted in right knee, hip, and back
injuries.
Inmate further alleges there was a long delay in
detecting the injuries; medical staff refused to follow
recommended treatment; and medical staff refused to provide
effective pain medication to relieve his pain.
Inmate had two
back surgeries and one knee surgery prior to his federal
incarceration. He was seen at least 68 times by various medical
personnel and evaluated by six specialists.
Inmate was also
evaluated by USMCFP Springfield. There is no evidence to support
inmate's allegation of deliberate indifference.
Inmate David Gibson seeks $10,000.00 as compensation for
deliberate indifference to his medical needs by the medical
department at FCI Three Rivers.
Inmate alleges he was sprayed
with pepper spray in 1994 while being transported to FCI Three
Rivers, and that he did not receive any medical treatment for
72 days. He claims his sight has diminished, he has to wear
glasses, and he suffers from dizziness, headaches, and nausea.
Investigation revealed a canister of pepper spray accidentally
ruptured on an inmate transportation bus while in route to
FCI Three Rivers. Inmate was treated upon his arrival at this
institution. He was evaluated at least 21 times by various
medical department staff and six times by an Optometrist. There
is no evidence to indicate medical staff were deliberately
indifferent to inmate's medical needs.
It is the belief of the
medical department that inmate's eye difficulties are a result of
his chronic conjunctivitis and not his exposure to pepper spray.
SIGNIFICANT ADMINISTRATIVE REMEDIES
USP Beaumont reports Remedy No. 161938-F1 in which USP inmate
Talbott (fiance of Attorney Helen Wang) challenges the
May 15, 1998 rejection of an incoming publication, The FBI
Laboratory: An Investigation into Laboratory Practices and
Alleged Misconduct in Explosives-Related and Other Cases. The
publication was rejected due to its detailed discussions of the
ingredients, operation,
and construction of explosives.
Inmate
Talbott alleges the publication is necessary for appeal of his
criminal convictions.
Inmate John Binar from FCI Big Spring is challenging the Bureau
of Prisons' system of determining the rated capacity of an inmate
room, in respect to double bunking inmate beds.
UPCOMING TRIALS OR HEARINGS
None
MEDICAL MALPRACTICE

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LITIGATION
None
See significant tort claims - Yarbrough administrative claim.
TORT CLAIMS
FMC CARSWELL
Inmate Norma Nelson - T-SCR-98-261, alleges medical negligence in
regard to her partial breast reconstruction surgery having to be
reopened to obtain the full margins of the biopsy, resulting in a
radical mastectomy. She claims liability in the amount of $6.5
million.
ENSIGN AMENDMENT
LITIGATION
None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCC Beaumont
LOW - On June 9, 1998, following an investigation by Legal
Department staff, Attorney Helen Wang was restricted from
Complex-wide visitation (legal and social), confidential written

correspondence with inmates (special mail), and unmonitored legal
telephone calls with inmates. These restrictions were based on
Attorney Wang's history of violating Bureau of Prisons rules,
most recently of which included paying an inmate at the LOW to
solicit inmate clients for her. A complete packet documenting
the investigation was forwarded to the Regional Counsel and
Central Office, Office of General Counsel.
June 23, 1998 - Paul Layer and Darrel Waugh attended the Beaumont
City Council meeting to consider the proposed contract for fire
protection at the Complex. The contract was approved by a vote
of 5-1, and will provide first response fire protection to the
Complex until June 30, 2000, at a price of $3000.00 per year.
FMC CARSWELL
On June 24, 1998, Dr. Kenneth Moritsugu awarded Pins and Boards
to PHS officers for their promotions.
Wallace Cheney, General Counsel, toured FMC Carswell and FMC
Fort Worth on June 30, 1998.
FTC OKLAHOMA CITY
DOJ attorneys conducted Trentadue plaintiffs' depositions'
June 15-19.
FCI OAKDALE
Inmate Detusch has been deported and is now in the custody of
Canadian authorities.
CRIMINAL MATTERS AND PROSECUTIONS
FCI BASTROP
In response to the Warden's concern that the FBI was not helping
the BOP in the prosecution of three crimes, the staff attorney
spoke to Richard Pittman, the Assistant Civil Chief of the U. S.
Attorney's Office in Austin, who pledged to do something about
it. The next day the local FBI agent called the SIS Lieutenant,
and it now appears that these cases will go forward:
Gadusek: Inmate was observed swallowing balloons in the Visiting
Room. He was placed in a dry cell, where he passed the balloons,
whose content tested positive for heroin. He will probably plead
guilty.
Ramirez: Inmate threw urine and feces on officer in SHU. Staff
witnesses are available to testify, if needed.
He will probably
plead guilty~
Zuidema: An incoming piece of correspondence was found to contain

.
LSD. This is the weakest of the three, since it is difficult to
prove that the inmate knew the LSD was coming in.
FCC BEAUMONT

Camp - On June 25, 1998, federal inmate Samuel Flores was
sentenced following his plea of guilty to escape from the
FCC Beaumont Camp on January 11, 1998.
Inmate Flores received an
18 month consecutive federal term of imprisonment, three years
supervised release, and a $100.00 special assessment (no criminal
fine).
Inmate Flores was sentenced by Chief Judge Richard
Schell, Eastern District of Texas, Beaumont.
Inmate Ruiz, Jose
is tentatively scheduled for sentencing on the same charge
July 25, 1998.
Low - On June 1, 1998, Warden Tombone and Paul Layer met with
Mike Bradford, U.S. Attorney, Eastern District of Texas,
Michelle Englade, AUSA, and Bob Fortune, Special Agent, FBI,
regarding criminal prosecution of Luis Carmona-De La Torre. for
assaulting a correctional officer at the LOW. The U. S. Attorney
supports seeking criminal prosecution through criminal
information, as opposed to a grand jury indictment.
USP - On June 15, 1998, former Correctional Officer Jessica Sills
pleaded guilty to Providing or Possessing Contraband in Prison
(18 U.S.C. § 1791), in connection with an incident where she was
paid to supply inmates' in the USP with marijuana.
FCI EL RENO

June 10, 1998, Assault on Inmate - Staff observed Filiberto
Flores and Leonardo Hernandez-Garcia fighting in Unit 4.
Prosecution declined due to no serious injury. Warden concurs.
FCI FORREST CITY

On May 23, 1998, Amador-Rodriguez assaulted the Cook Supervisor
by throwing an apple striking the staff member on the right
biceps and right eye. While being escorted into the SHU, the
inmate began pulling away from the escorting officer. The staff
member then regained control and the inmate was placed into a
holding cell. The inmate was examined by medical staff and
placed into Administrative Detention without further incident.
Both staff and the inmate received injury assessments by medical
staff with no injuries noted. The FBI was notified and the
investigation continues.
On May 24, 1998, a unit officer requested medical assistance when
she observed inmate Rodriguez-Cortez sitting in the TV room
wiping blood from his facial area. A visual search was conducted
on all inmates in the unit at which time inmate Earl Marcenus was
discovered by staff to have multiple abrasions to the neck and
chest area. Both inmates were placed in Administrative Detention
without further incident. Both inmates received medical

..
assessments by medical staff with injuries noted.
notified and an investigation continues.

The FBI was

On May 26, 1998, the Control Center Officer announced a call for
assistance in a housing unit. staff observed inmate Eddie Rhyan
staggering toward the officer's station bleeding from his left
eye.
Inmate Stephen Mitchell was observed yelling to inmate
Rhyan that he was going to hurt him (Rhyan).
Staff restrained
both inmates and escorted them to the institution hospital and
then to the SHU. The FBI was notified and the investigation
continues.
On June 9, 1998, the Community Confinement Center in Houston, TX.
Notified FCI Forrest City that inmate soto-Gonzalez failed to
report to his scheduled CCC in Houston.
The inmate was scheduled
to arrive at 8:30 a.m. on June 9, 1998.
The inmate was placed on
escape status at 4:17 p.m. The U. S. Marshals Service and the
FBI were notified.
On June 14, 1998, a Food Services staff member observed inmate
Javier Ramos lying on the floor of Food Services. Staff further
observed inmate Guillen standing over inmate Ramos with a broom
handle placed against Ramos' neck applying pressure.
Additionally, staff observed inmate Mungia with both his hands
placed on inmate Guillen's left and right shoulder.
Food Service
staff ordered all three inmates to stop and they complied. The
three were escorted to Health Services and examined by medical
personnel.
They sustained minor injuries. After the
examination, the inmates were placed in SHU.
The FBI was
notified and an investigation continues.
On June 22, 1998, inmate Arvayo-Castillo entered the Lieutenant's
Office and admitted he had been in a physical altercation with an
unknown inmate. According to the inmate, he was sleeping and
another inmate entered his cubicle and struck him in his head
with a foreign object.
The inmate was treated by medical staff.
He sustained two lacerations to the back of his head and two
small abrasions to his back area. The inmate was placed in SHU
and the FBI was notified.

FTC OKLAHOMA CITY

An inmate on staff assault occurred on June 1, 1998, when inmate
Bronco, Lucio, while being escorted from R&D to the Special
Housing Unit, became verbally abusive and confrontational.
Inmate Bronco attempted to pull away from escorting staff and
then head butt an officer. Both the officer and inmate Bronco
fell to the floor.
Accompanying staff gained control of the
inmate, and he was escorted to his cell without further incident.
Neither staff nor inmate Bronco sustained any injury. The FBI
was notified; however, they declined referral for prosecution .

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The Warden concurs.
On June 23, 1998, while being escorted from a housing unit to
R&D, inmate Joel Moreno-Olives attempted to strike an escorting
officer in the facial area with his elbow. The inmate was taken
to the floor, restrained, and then moved on to R&D without
further incident. No injuries were sustained by either staff or
the inmate.
The FBI was notified, but declined referring for
prosecution. The Warden concurs.
FCI TEXARKANA
Staff member pled guilty to the charge of having sex with an
inmate and received one year probation.
FCI THREE RIVERS
The U. S. Attorney's Office will prosecute inmate James Esmedina
for possession of marijuana. During a pat search leaving UNICOR,
26.7 grams of marijuana were located in the inmate's possession,
The U.S. Attorney's Office will prosecute inmate San Martin
Zuniga for possession of narcotics. During a cell search, and
subsequent pat search, inmate was found to be in possession of
10 cut up pieces of potato chip bags containing a brown
substance. The substance tested positive for amphetamine.
Prosecution was declined for staff assault by inmate Gabriel
Alarcon. Inmate grabbed staff member's genitalia through food
slot in SHU while issuing toilet paper. No injury to staff.
Warden concurs with decision.
.
Prosecution was declined for assault on staff with a weapon by
inmate Jesus Fernandez-Delgado. While fighting with another
inmate in UNICOR, inmate Fernandez picked up a long handle dust
pan, swung it around, and hit another inmate and a staff member.
No injuries were sustained. Warden concurs with decision.
The following inmates were referred to the U. S. Marshal's Office
after they walked away from the satellite camp:
Jose
Reyes-missing during midnight count on May 23, 1998; Juan
Garcia-missing during 4:00 p.m. count on May 30, 1998; Michael
Martinez-missing during midnight count on June 6, 1998; and
David Cervera-missing during 4:00 p.m. count on June 11, 1998.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:
Mike Hood

July 23-24

Annual Leave

Lisa Sunderman

July 2, 6-10

Annual Leave

Marsha Foulks

July 6, 10,
13 & 20

Annual Leave

Linda Nutt

July 6-10

Annual Leave

Darrel Waugh

July 1-15

Annual Leave

Karen Summers

July 20-24

Annual Leave

Other Scheduled Absences:
Julie Gerardi, FCI Three Rivers, will be attending Diversity
Management Training at FMC Carswell on July 14-17, 1998.
Jason Sickler, SCRO Attorney Advisor, will be located at FCC
Beaumont beginning July 19, 1998. The institutions that Jason
currently oversees will maintain their working relationship with
Jason, to the extent possible. Jason will be greatly missed.
"Mike Hood and Lisa Sunderman will be attending the Legal
Conference the week of July 27, 1998. Marsha Foulks will be
acting Regional Counsel during their absence .

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UNITED STATES GOVERNMENT

memorandum
Northeast Region, Philadelphia, PA
FEDERAL BUREAU OF PRISONS
July 15, 1998
MEMORANDUM FOR WALLACE H. CHENEY, GENERAL COUNSEL

FROM:
SUBJECT:

Henry J. Sadowski, Regional Counsel
Monthly Report - June 1998

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1998
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
110
113
132
91
0

FEB
91
155
100
146
0

MAR
146
187
171
162
0

APR
162
188
183
167
0

MAY
167
187
174
180
0

JUN JUL AUG SEP OCT NOV DEC
180
172
207
145
0

B. Administrative Tort Claims - 1998
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT r:
236 262 261 283 320 348
77 73 92 73 60 64
2
3
4
3
1
0
54 76 73 40 33 93
262 261 283 320 348 319
0
0
0
0
0
0

C. Tort Claim Investigation Status:
pending

...

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As of June 30, 1998

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBJ( Self
2
1 10
0
6
7
6 15 12
0
7
7
5 16
7

.
D. FOI/Privacy Act Requests - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
32 32
9 15
Pending on 1st 37 13
41 31
Rec'd in month 34 28 32 38
41 59
Ans'd in month 58 35 29 21
4
32
9 15 32
Pending at End 13
1
1
0
1
0
1
Over, 30 days
E. FOIA Requests for records: As of June 30, 1998
ALF ALM ALP ALW BRO DAN FAr FTD LEW LOR MCK NYM OTV RBK SCH
Pending
1
0
1
3
0
4
0
2
1
0
0
2
0
0
0
Over 20 days
0
0
0
0
1
2
0
0
1* 0
0
0
0
0
0
*This file has not been received from archives.

II.

LITIGATION ACTIVITY - 1998 NORTHEAST REGION

A. SUMMARY REPORT
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
670 604 597 606 625 639
13 15 21 24 19 13
7 13 13 15
6
5
4
1
2
3
1
4
4
1
3
1
3
2
1
3
1
0
2
4
2
2
0
2
9 10
9
8 10 10
5 26
7 12
5
66

°

°

B. SETTLEMENTS AND AWARDS:
1) Administrator of the Estate of Robert Bates v. United States,
Civil No. 97-0048, E.D.Pa.
Inmate died of a coronary at FCI Fairton.
During discovery, new
facts were revealed indicating that settlement was in the best
interest of the Bureau of Prisons. This FTCA wrongful death
originally sought $250,000.00 in damages.
The case settled for
$150,000.00.
~

2) Rogers v. MCC, et al., 96 Civ. 6811 (S.D.N.Y.)

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6yit aga:y;sc three p~sician
and one cook supervisor.
Plaintif~Aclaims he l~Jured
his eyes with a degreaser solution while cleaning the stove in
fooq.~sl'lervices, as part of his job.
The parties agreed to settled
thi~tlaim for $2,500.00, which sum shall be in full settlement
of any and all claims against the individual defendants, the
United States, MCC, or any department, agency, present or :ormer
agents, officer or employee of the United States.
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.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
1) Nicholas LaSorsa v. Fredrick Menifee, 97 CV 4827 (S.O.N.Y.).
In an exercise of its discretion, the Bureau of Prisons denied
Inmate LaSorsa early release because he received a two-level
enhancement for possession of a firearm. Although Inmate LaSorsa
successfully completed a drug treatment program, the Court ruled
that 18 U.S.C. § 3621(e) (2) (B) and 28 C.F.R. § 550.58 do not in
any way limit the BOP's discretion to deny early release to
prisoners otherwise eligible for release.
The Court stated the
BOP's decision to deny early release was a rational exercise of
that discretion.
2)U.S. v. Gregory Scarpa, Jr., S8 97 Cr. 786 (E.D.N.Y.)
On May 28, 1998, MCC NY received a "so ordered" subpoena from the
attorney for inmate Gregory Scarpa, Jr., Register Number
10099-050. The subpoena sought relevant documentation and
information which would identify the cell location of Gregory
Scarpa, Jr. and those inmates housed on the same tier as inmate
Scarpa.
The subpoena sought information implicating the WITSEC
program. A status conference was held on June 9, 1998, before
Judge Raggi, to discuss MCC New York's compliance with and
objections to the subpoena. Clinton Stroble represented the MCC
at this hearing.
At the end of the hearing, Judge Raggi
requested that MCC clarify several discrepancies in the
responsive document sent to Scarpa's attorney and to provide
additional information responsive to the subpoena.
4)U.S. v. Anthony Martinez, CR-97-725 (E.D.N.Y.)
On June 5, 1998, former Unit Manager, Anthony Martinez, was
convicted of three counts of Bribery, in violation 18 U.S.C.
§201, and one count of Attempting to Provide Heroin to an Inmate,
in violation of 18 U.S.C. §1791.
Sentencing is pending.
5) Brown v. Morton, CV-95-2881 (D.N.J.)
On June 5, 1998, a teleconference took place been inmate Orson
Brown, AUSA Kevin Mulry and Staff Attorney Azzmeiah Vazquez.
Inmate Brown filed a Bivens action in 1995 alleging failure to
protect issues when he was assaulted by inmate Anthony Glass on
the unit. Magistrate Judge Gold ordered Moe to provide inmate
Brown with information regarding instances where various named
defendants were the subject of a grievance, complaint or
disciplinary action with respect to assault, failing to intercede
to stop an assault; failing to properly supervise with respect to
such actions; interrogatory answers from various staff with
respect to what they knew about the Glass' medical care and
whether or not he posed a threat to other inmates or staff; and
any administrative, medical and screening information regarding
inmate Glass.

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6)United States v. Pellulo: Crim. No. ----- (E.D.Pa.)
On June 17, 1998, Bobbie Truman, Attorney and Joe Guidoness, Case
Manager (FCI Fairton) and Gene Dixon, Paralegal (FCI Schuylkill)
attended a hearing on a motion filed by inmate Leonard Pellulo,
44140-066 challenging the use, in a criminal prosecution, calls
recorded on inmate phones. Inmate Pellulo challenged whether he
knew the phones were monitored and also claimed that an inmate in
the Bureau of Prisons can not make unmonitored telephone calls to
his attorneys. He further asserted that he would announce over
the monitored lines that.the call was to his attorney and that
announcement should evoke the attorney client privilege. Judge
Robreno has taken this matter under advisement.
7)United States v. Hammer, Crim. ----- (M.D.Pa.)

'G
.

The trial of David Paul Hammer, Reg. No. 24507-077 concluded
abruptlY when he plead guilty to the indictment. The death
penalty phase of the prosecution began on June 30, 1998.
Attorneys Tim Roberts and Nellie Torres have been assisting and
attending the proceedings, when possible.
UPCOMcrNG HEARINGS - None Scheduled
D. RELIGIOUS CASES: - No new activity
E. ENSIGN AMENDMENT CASES: No new activity
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR JULy 1998:
Hank Sadowski -Travel - July 27-31 National Legal Training
Annual Leave - None Scheduled
Mike Tafelski -Travel - July 27-31 National Legal Training
Annual Leave - July 13-17

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Toni Brown -

Travel - None Scheduled
Annual Leave - None Scheduled

Les Owen -

Travel - None Scheduled
Annual Leave - None Scheduled

Ron Hill -

Travel - None Scheduled
Annual Leave - None Scheduled

James Vogel -

Travel - None Scheduled
Annual Leave - July 30, 31, 1998

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..
UNITED STATES GOVERNMENT

memorandum
Date:

August 5, 1998

Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Monthly Report - July 1998

Reply to

To:

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort
JAN
Pending on 1st
Rec's in month
Recons. rec'd
l\ns'd in month
ndinq at end
Jer 1RO days

B. Tort

39
0
22
117
6

Cla~

ATL

Cla~s

- 1998

FEB

MAR

APR

MAY

113

:) ~)

69
88

69

89
63

3

4

4'1

1,4

r- -)

1 1 Ii
3

107
1

1(1~

38
"
F,

.1,,--

JUN
104
36

1

a

3

'In

58

1 11

101

F_

3

:)4
88
0

c,

i

Investigation Status:
c

E

E

F.

0

[J

G

.'

(;
II

A

I.

(;

r.

T

PENDING

1f1

r

• 0

1

(1

1

4

>60 DAYS

10

0

()

(I

n

()

J
E
S

4
1

JUL
101
74

MIM

M

AUG

SEP

NOV

OCT

As of July 31, 1998
MNA

MON

PEN

TAL

,.

't'/\::

"

I
A

I,

:'

DEC

88

.

f)

q

1

n

4

'

()

(1

(1

(1

F_

"

n

C. FOI/Privacy Act Requests - As of July 31, 1998
'JAN
on 1'"
month
month
at end
Over 30 days
Pending
Rec'd in
Ans'.d in
Pendinq

FEB

MAR

APR

MAY

"

18
111
..,,,
'-,
1q

14
14
26
2'
-

21
1"
41
1 ,)

J

f,

"
,'.

1 ')

21
10
24
4

q

IH
;' 1
4

)

D. FOIA Requests for records:

,WN
15

.JlJL

24

31
24

14

n

7

n

2

q

AUG
27

:;EP

As of July 31, 1998

t" .-:

"

:r

..
SER Monthly Report - August, 1998
Page 2
AT

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

3
0

0

0

2

2

1

0

0
0

0
0

L

0

0
0

0

0

0
0

0

1

L
PENDING

>30 DAYS

II.

4
0

..,

TDG

YA
Z

1
0

0
0

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Report.~
Cases Closed

JAN

FEB

fvlAR

APR

MAY

JUN

JUL

AUG

522
16
10

5IS

525
18

535

537
15

542
10

539

531

6
1

,)

~-

1

15
6

5
1

()

6
1

<-

8
2
5
0

0

()

0

0

0

8
0
2
0
0

11

1

2

')

')

0

77

9

8

5

13

0

0
1

9
...,

...,

<.

<-

5
')

SEP

OCT

NOV

DEC

11

4

0
0
5

14

B. SETTLEMENTS AND AWARDS:
Pamela Ruth Chilton, et ale v. United States, 4:96-CV-2533 COP
(E.O. Missouri)
Trial was held in this case where the inmate committed suicide at
FCI Jesup shortly after arrival and his prescription for was
changed from Xanax to Lorazepam. The court found that the
Government was negligent and awarded damages to the plaintiffs in
the amount of $781,000. This consisted of $725,000 lost income,
$50,000 intangible value and $6,000 funeral expenses.
Sulayman v. U.S., FGAS, 297-118 - Settled for $55,000 dt
settlement conference on 7-15.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
Salvador Magluta V. F. P. Sam Samples, et al., App No. 07-~417
(11'1. Cir.)
The defendants reply brief was submitted to the court, cH(Juing
that the district court's dismissal of the plaintiff's Rivp~~
action on the basis of the fugitive from justice doctrTru~ls
permissible and should be upheld. Maria Simon, OOJ Appelldte
Attorney, prepared and filed the brief for the defendant~:. We
await the court's decision.

.
SER Monthly Report - August, 1998
Page 3
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:

F. PLRA 1915 DISMISSALS:

NONE

G. CRIMINAL CASES:

No significant cases to report.
III. TRAVEL AND LEAVE SCHEDULE FOR August 1998:
Sherree L. Sturgis
Travel None
Annual Leave - None
Van Vandivier
Travel -

None

Annual Leave - August 17, 25-31
Earl Cotton
Travel - August 30-Septernber 2, CSRE training Denver
Annual Leave - None
Jeffrey Sugg - Honors Attorney
Travel - None
Annual Leave - None
Gere Gooden
Travel - None
Annual Leave - August 10
Loretta Rich-New Paralegal Trainee
Travel None
Annual Leave - None
Beverly Snell - Legal Intern
Travel - 8-20-21 Assist AUSA Porto v. US, FFLS

" SER Monthly Report - August, 1998
Page 4
Annual Leave -August 14
IV.

Other Matters

Orientation for new wardens, 7-13 by Sturgis & Vandivier
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel "and Associate General Counsel

o

U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
North Central Region
Office ofRegional Counsel
Kansas City, KS 66101
August 7, 1998
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHLY REPORT (July, 1998)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LmGATION:

Inst

nurn

hc

ftc

blv

oth

ans

pen

cld

hit

set

awd

NCR

47

31

4

9

3

28

429

29

22

1

0

AUG

SEP

NUM - Number of total lawsuits filed In the month (1)
HC - Number of habeas corpus actions filed In the reporting period
FTC - Number of FTCA actions filed
BIY - Number of Bivens actions filed
OTH - Number of other actions filed, e.g., mental health, mandamus
ANS - Number of IIUgatlon reports completed
PEN - Number of cases pending
CLD - Number of cases closed
HIT - Number of hearings or trials (Include In narrative)
SET - Number of settlements (Include In narraUve)
AWD - Number of Awards (Include In narraUve)

*Number of open cases on LMS.
ADMINISTRATIVE CLAIMS:
JAN

FEB

MAR

APR

MAY JUN

JUL

61

50

66

81

56 .

98

Total for Calendar Year 486
Pending 273

74

OCT

NOV

DEC

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR APR

MAY

JUN

JUL

184

170

210

249

202

241

198

AUG

SEP

OCT

NOV

DEC

Total for Calendar Year 1454

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS
FOIA

PRIVACY ACT

ACTUAL ON-HAND

31

8

ACTUAL RECEIVE D

62

11

ACTUAL PROCESSED

66

10

4

4

ACTUAL BACKLOG

Backlog represents those requests which have not been responded to within the twenty work days
target set by DOl

ADVERSE DECISIONS
None.

SEITLEMENTS OR .nJDGMENTS
Sartin y. United States, Case No. 97-2780, (W.D.Tenn.) USP Marion
This case was recently settled for $12,000. The case involved a visitor who sustained injuries
when a chair collapsed in the FPC Marion visiting room. The AUSA did not obtain the
concurrence of the BOP prior to settling this case.

Lumpkin v. Knowles, Case No. 97-X-0033 (D. CoL), USP Florence
District Court directed BOP to make a copy of telephone conversation on cassette tape and
provide declaration as to its authenticity. Lumpkin is to provide address where tape will be sent
and will pay costs of copying/mailing. BOP also directed to preserve master reel if Lumpkin
pays cost of replacement (approx. $120). If Lumpkin has not paid to replace master reel by
August 6, order to preserve master reel will be vacated.
McCarthy y. U.S.. et al., Case No. 95-Z-320 (D. Col.), ADX Florence
On July 14, 1998, a settlement was reached when the plaintiff agreed to dismiss his complaint
without prejudice due to the fact that he is currently receiving assistance from KU Defender
Project In exchange, BOP will provide a declaration to plaintiffs counsel as to unavailability of
Florida materials in BOP facilities.

.
Monthly Report
August 1998
Page 3
DECISIONS OF INTEREST
Panops y. Pitzer, 1998 WL 416888 (7th Cir. (Wis.», FCI Oxford
Seventh Circuit found that Felon in Possession of a Firearm. was a crime of violence for purposes
of 18 U.S.C. 3621(e)(2)(B).
Copley V. Keohane, 1998 WL 410067 (8th Cir. (Mo.», USMCFP Springfield
Court held that since inmate was no longer in the custody ofthe BOP and instead under the
supervision of U.S. Probation, the petitioner's habeas action was moot
PENDING CASES OF INTEREST
Johnson y. United States, Case No. 96-C-S708, N.D. IlL, MCC Chicago
After inmate committed suicide, his estate sued claiming BOP's negligence led to death. During
recent settlement conference, administrator of estate asked for $800,000. AUSA responded with
an offer of $1 0,000 in nuisance value.
Massey and Otten v. David Helman. et al., Case No. 97-1401, C.D. IL, Fel Pekin
Pursuant to Rule 23, Fed. R. Civ. P., Plaintiffs brought a Motion for Class Certification. Plaintiff
Massey alleged that because it is institutional policy to deny necessary medical care to inmates,
he was denied the prescribed medical treatment for an existing hernia, a violation of his Eighth
Amendment right to be free from cruel and unusual punishment. In addition to his individual
claim, PlaintiffMassey sought class certification on behalf of other inmates who were denied
medical treatment. Plaintiff Otten was a fonner staff physician at FCI Pekin prior to his
tennination during March 1998. Plaintiff Otten alleged that he was terminated for insisting that
his patients receive necessary medical care as required by the Eighth Amendment and because he
spoke freely with the inmates about the necessary medical care being denied to them. In addition
to Plaintiff Otten's individual claim, he brought action on behalf of his former FCI Pekin imnate
patients. In an Order dated July 7, 1998, the Court denied the Motion because Plaintiffs failed to
meet the first of four pre-requisites to certify the class; numerosity.
Gonzalez y. Cambiazo. Dert aDd Kuzinld, Case No. 97-8-2639, D.Cot, FCI Florence
Inmate alleges he was assaulted by these three defendants on 12/1/97. The inmate specifically
alleges that staff removed his wheelchair and walker from his cell, resulting in inability to
ambulate around the cell. The inmate alleges that the officers then kicked plaintiff, injuring his
legs and shoulder. He is seeking $1 million in damages and a transfer to a "hospital."
BQyce y. Hershberger, Case No. 983238-GTRV, D.Kan., NCRO
Convicted spy Christopher Boyce has filed suit in the District of Kansas alleging that his
constitutional rights were violated when he was transferred from a state facility in Minnesota to
ADX Florence. Boyce is represented by counsel in this matter and claims that he was transferred
solely because of articles he wrote that were critical of the BOP and members of the Aryan
Brotherhood. A current BOP staff member testified on behalf of Boyce during his last parole
hearing and assessed that Boyce was best suited for confinement in an FCI, not a maximum
security prison. NCRO legal staffwill be providing the U.S. Attorney's Office with assistance.

.
Monthly Report
August 1998
Page 4

RELIGIOUS FREEDOM RESTORATION ACT CASES
Houston y. Brooks, Civil No. 97-2081, D. Minn., FCI Sandstone
Private counsel is in the process of interviewing various staff members regarding their actions in
this case. The defendant claims his rights under RFRA were violated when he was placed in
administrative detention for making inflammatory remarks about Caucasians. The U.S.
Attorney's Office filed a motion to dismiss on behalf ofthe defendants in their official capacities.

HEARINGS AND TRIALS
None.

upCOMING BEARINGS OR TRI~S
Bernal y. Black & Lewis, Case No. 96-1209, CD Ill., FCI Pekin
Plaintiff alleges two staff initiated disciplinary action him in retaliation for complaining about
conditions at the commissary. Trial scheduled to begin Monday, August 31 , 1998 in Peoria

Locascio y. Keohane, WD MO, MCFP Springfield
Plaintiff, an organized crime figure, filed for a temporary restraining order requesting release
from Administrative Detention. The inmate was placed in SHU after information was received
that a contract bad been placed on his life. Judge Clark has scheduled a hearing regarding this
matter for August 19, 1998.

CRIMINAL MATTERS
USA y. JOHNSON, Case No. 96-CR-379, N.D.In., MCC Chicago
On July 27, 1998 Johnson was formally sentenced to two concurrent death sentences. The judge
requested that Johnson be allowed to stay at the MCC for 14 days so he could have the
opportunity to visit with family members.

USA y. Leo ALVAREZ D.Col., USP Florence
Inmate pleaded guilty to introduction of contraband (heroin) and was sentenced to 27 months
consecutive to his current term of imprisonment.

USA v. Jack COOK, D.Col., FCI Florence
Inmate charged with one count ofassault on staff (Correctional Counselor) and pleaded guilty.
The inmate was immediately sentenced to one year, consecutive, during proceedings before
Magistrate Borchers in ADX Courtroom on July 14, 1998.

USA y. Jimmy COUCH, D. Col., USP Florence
Inmate charged with possession of contraband (drugs). The inmate pled guilty at proceedings on
July 24 before Magistrate Borchers in ADX Courtroom and was immediately sentenced to six
months each on two counts, consecutive to each other and to all other sentences.

.. ,.

.
Monthly Report
. August 1998
PageS
USA y. RIDDLE and BLACK, D. Col., USP Florence

Giglio information turned over to USAO. It appears inmate will plea to second degree murder in
order to avoid being tried for capital murder.
PERS~LISSUES

Vince Shaw will be starting at the Attorney-Advisor at FCI Oxford this month. Tracy Knutson,
Honors Attorney, assumes duties at the NCRO August 17, 1998. Legal Intern Lisa McKnight
returns to UMKC School ofLaw and will begin working part-time.
STAFF TRAVEL AND LEAVE

John

August 21-28

AIL

Daryl

August 24-25

FPC yankton

Dan

August 26-27
August 28

CMC Training
AIL

Gwen

August 7
August 30 - September 2

AIL
Denver - Sentencing Tng

Vince

August 28

Last Day at NCRO

Tracy

None Scheduled

LeeAnn

None Scheduled

Janet

None Scheduled

Lisa

None Scheduled

Beth

None Scheduled

Tort dBASE Files sent via e-mail to Delores Johnson, OGC, on 07/31/98.

 

 

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