11/09/1992

13:11:04

---------------FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE

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

SUBJECT:

OCTOBER MONTHLY REPORT

DATE: NOVEMBER 6, 1992

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

TO: WALLACE H. CHENEY
GENERAL COUNSEL

FROM:

BILL BURLINGTON
REGIONAL COUNSEL

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

LITIGATION SUMMARY:

10 NEW CASES WERE OPENED DURING THE MONTH.
3 NEW BIV; AND 1 EEO.
36 CASES WERE CLOSED DURING THE. MONTH.
1 BIV/FTC WERE CLOSED.

6 OF THE NEW CASES WERE HC;

11 HC; 2 FTC; 22 BIV; AND

13 ANSWERS COMPLETED.
ADMINISTRATIVE REMEDIES:
67 APPEALS WERE ACCEPTED DURING THE MONTH.
11/09/1992

13:11:07

INCLUDED IN THE 67 WERE

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

13 DHO; 1 SPHi 3 MED; 4 MHi 2 LEG; AND 2 FD.
85 APPEALS WERE CLOSED WITH 17 BEING GRANTED AND 68 DENIED.
WERE PENDING AT THE END OF OCTOBER.

4~

APPEALS

TORT CLAIMS:
A TOTAL OF 38 NEW CLAIMS WERE RECEIVED.

33 PP; 4 P1; AND 1 PPP1.

A TOTAL OF 44 CLAIMS WERE CLOSED DURING, THE MONTH.
THE END OF THE MONTH.

144 WERE PENDING AT

TRAVEL AND LEAVE:
BILL BURLINGTON:

11/09/1992

•

13:11:12

FCI, LEXINGTON 11-9 & 11-10, STAFF ASSISTANCE VISIT.
REGIONAL OFFICE 11-16 & 17, ETHICS TRAINING.
STRATEGIC PLANNING SESSION 11-18 WITH NANCY REDDING
AT MARO.
USP, TERRE HAUTE 11-30, ETHICS TRAINING.
ANNUAL LEAVE 11-27.

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

MARIAN CALLAHAN:

NO TRAVEL PLANNED.
11-25 AND 11-27 •

MICHAEL PYBAS:

ANNUAL LEAVE 11-12 & 13.
USP, TERRE HAUTE 11-30, ETHICS TRAINING.

MARY WILBURN:

ANNUAL LEAVE 11-8 & 9.
FT. MCHENRY ON 11-12 FOR AFFIRMATIVE ACTION COMMITTEE

ANNUAL LEAVE SCHEDULED FOR

...........
TRAINING.
MICHAEL SULLIVAN: ANNUAL LEAVE 11-6. NO TRAVEL SCHEDULED.
*WE ARE STILL CELEBRATING MICHAEL'S GRADUATION WITH
HONORS FROM GLYNCO*
MILT WILLIAMS:

ANNUAL LEAVE 11-27.

KATHY HARRIS:

NEW PARALEGAL TRAINEE SCHEDULED TO REPORT WEEK OF
11-29.

11/09/1992

13:11:16

NO TRAVEL SCHEDULED.

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

TRIALS AND HEARINGS:
l/MADISON V. USA, SD/IL (USP, TERRE HAUTE)--TRIAL SCHEDULED FOR NOVEMBER
3RD WAS STRICKEN TO BE RESCHEDULED, MOST LIKELY EARLY IN 1993. JUDGE
STIEHL HAS TRANSFERRED THE CASE TO JUDGE GILBERT'S DOCKET. THIS IS AN
FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS
WHILE THE PLAINTIFF WAS INCARCERATED AT USP, TERRE HAUTE IN EARLY °1980'S.
PLAINTIFF, WHO HAS LOST THE FUNCTION OF BOTH KIDNEYS, IS SEEKING $1.5
MILLION IN DAMAGES.

,1{

OTHER CASES OF INTEREST:
PETERSON V. BOGAN, ED/MI (FCI, MlLAN)--THE ADVERSE DECISION OF THE
COURT ORDERING THAT AN INMATE'S MARRIAGE TO A FORMER CONTRACT TEACHER BE
ALLOWED HAS BEEN CHALLENGED BY THE FILING OF A MOTION TO RECONSIDER AND
FOR A STAY. THE REQUEST TO MARRY HAD BEEN DENIED BY THE WARDEN DUE TO
SERIOUS SECURITY CONCERNS, PARTICULARLY THE "RIPPLE EFFECT" SUCH MARRIAGE
COULD HAVE ON EFFORTS TO PREVENT IMPROPER STAFF-INMATE RELATIONSHIPS FROM
FORMING IN THE FUTURE. IF THE COURT DENIES RELIEF, WE ANTICIPATE THE
FILING OF AN IMMEDIATE APPEAL AND STAY REQUEST WITH THE SIXTH CIRCUIT.

11/09/1992

13:11:20

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

HIGDON V. USA,oND/WVA (FCI, MORGANTOWN)--FTCA SUIT ALLEGING DELAY IN TREAT
MENT RESULTED IN LOSS OF EYESIGHT IN ONE EYE. AFIP REPORT ON CASE
QUESTIONS THE STANDARD OF CARE PROVIDED. AUTHORIZATION WAS RECEIVED FROM
CENTRAL OFFICE 10-30-92 TO SETTLE CASE UP TO $15,000.
BENSON V. USDOJ, ED/KY (FCI, LEXINGTON)--CORRECTIONAL OFFICER ALLEGES
GENDER BASED DISCRIMINATION AS CAUSE OF HER REMOVAL FROM ELECTRONICS
CABLE FOREMAN TRAINEE POSITION TO CORRECTIONAL OFFICER. SHE APPROXIMATES
LOSS OF WAGES AND BENEFITS AT $75,000 AND ASKS $25,000 FOR MENTAL ANGUISH.
PLAINTIFF IS REPRESENTED BY COUNSEL.

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

13:13:21

11/09/1992

11-09-1992
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534

FROM:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION --

6C/-r-

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

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1992
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

70 63
70 78
77 111
63 30

30
109
58
81

81
111
122
70

70
108
106
72

72
86
96
62

# PENDING ON FIRST
# RECEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

31
49
48
32
0

32 45 60
67 115 117
54 100 107
45 60 70
000

o

DEC

NOV

DEC

NOV

DEC

LSCI

0

o

JAN FEB MAR APR MAY JUN

JUL

AUG

SEP

OCT

# PENDING ON FIRST 148 159 143 151 142 113
# RECEIVED IN MONTH 45 38 54 52 47 73
# PENDING END OF MO 159 143 151 142 113 128
# OVER 6 MONTHS
0
0
0
0
0
0

128
60
47
141
0

141
79
50
170
0

170
81
41
210

210
66
80
196

FOI/PRIVACY (1992)

JUL

AUG

SEP

OCT

102
37
42
97
60

97
45
44
98
72

98
29
21
106
87

106
36
12
130
98

TORT CLAIM INVESTIGATION STATUS: AS OF 10/31/1992
ALW DAN FAI LEW LOR MCK NYM

OTV

RBK

SCH

14

13

11

11/09/1992

TORT CLAIMS (1992)

# ANSWERED IN MONTH

# PENDING ON FIRST
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

13:13:28

34

54

46

61

76

58

JAN FEB MAR APR MAY JUN

# RECEIVED IN MONTH

/09/1992

o

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

13:13:25

# PENDING
# INV OVER 60 DAYS

o

o

NOV

66
27
34
59
44

4

o

59
43
39
63
42

63
61
48
76
36

7

o

76
47
51
72
47

72 76
16 88
12 62
76 102
63 46

30

60

18

12

26

6

2

1

1

1

JUL
296

AUG
312

o

o

0

o

o

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

LITIGATION ACTIVITY, 1992, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
247 253 259 264 273 278

SEP OCT NOV DEC
322 281

o
o

•
....

°

#
#
#
#
#
#
#
#

NEW CASES RECD 10
LIT REP DONE
11
CASES CLOSED
12
HABEAS CORPUS
1
FTCA
2
BIVENS
4
3
OTHER
0
BIVENS & FTCA

11
6
5
5
2
1
3
0

17
11
11
7
0
5
5
0

12
8
7
3
1
2
6

0

20
23
11
12
0
4
3
1

21
16
15
5
1
8
7
0

30
21
12
7

0
13
10
0

26
20
10
9
3
6
6
2

18
22
8
6
2
4
5
1

20
18
61
6
4
9
1
0

LITIGATION OF NOTE:
1.

IN RE BRYANT, CASE NO: 92-CAA-4 {ALJ OCT. 23, 1992}

INMATE AT USP LEWISBURG FILED COMPLAINT WITH DEPT. OF LABOR ASSERTING
HARASSMENT IN HIS WORK ASSIGNMENT IN UNICOR. THE INMATE REQUESTED
"WHISTLEBLOWER" PROTECTION UNDER THE CLEAN AIR ACT AND THE TOXIC SUBSTANCE
CONTROL ACT. THE ALJ HELD THAT THE INMATE IS NOT AN EMPLOYEE UNDER THE
ACTS.
11/09/1992
2.

13:13:33

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

YARDEN V. COOKSEY, CIVIL NO. 92-4321 {DNJ}

INMATE AT FCI FAIRTON WAS SCHEDULED FOR TRANSFER TO FCI OAKDALE FOR INS
DEPORTATION HEARING. ATTORNEY FILED PETITION FOR HABEAS CORPUS AND MOTION
FOR RESTRAINING ORDER TRYING TO BLOCK TRANSFER. PETITION ASSERTED THAT
DEPORTATION HEARING NEEDED TO BE HELD NEAR BOSTON, NOT IN LOUISIANA. ON
OCTOBER 9,1992, JUDGEoIRENAS HELD EMERGENCY HEARING. ON OCT. 14, 1992,
JUDGE IRENAS DISMISSED PETITION AND DENIED MOTION FOR RESTRAINING ORDER.
3.

CARDIFF CIRCLE V. UNITED STATES, 92 CV 4323 {DNJ}

FTCA COMPLAINT HAS NOW BEEN FILED STEMMING FROM 4/92 FCI FAIRTON SORT TEAM
EXERCISE. SMOKE BOMBS USED BY SORT TEAM ACCIDENTALLY CAUSED ABANDONED
BUILDING TO BURN DOWN. BUILDING HAD BEEN USED BY LOCAL POLICE FOR THEIR
TRAINING EXERCISES. PRIVATE OWNER REJECTED SET EMENT OFFER OF $10,000
UNDER ADMINISTRATIVE T6RT CLAIM. THE MAIN
UE IN THE LITIGATION WILL
BE THE VALUE OF THE DESTROYED BUILDING.
°

SETTLEMENTS AND AWARDS
1. MARGIOTTA V. U.S. BUREAU OF PRISONS, 91-228E {WDPA}
11/09/1992

13:13:37

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

FTCA CASE FOR PROPERTY LOST ON TRANSFER FROM FCI MCKEAN TO FCI OXFORD IN
OCTOBER 1990. INMATE SOUGHT DAMAGES OF $545.95. ORIGINAL POSTURE IN
ANSWER TO COMPLAINT WAS THAT INMATE RECEIVED ALL PROPERTY AT OXFORD.
ADDITIONAL EVIDENCE SURFACED THAT ONE BOX OF PROPERTY WAS SENT BY FCI
MCKEAN, BUT NOT RECEIVED AT FCI OXFORD. ALTHOUGH BOP COULD HAVE SHIFTED
BLAME TO POST OFFICE, THE AUSA AND I FELT IT BEST TO SETTLE FOR $150.
TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 1992:
DAVE ESSIG TRAVEL--NONE SCHEDULED

•
ANNUAL LEAVE--NOV. 25 & 27
HANK SADOWSKI
TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED
TERESA HUGHES
TRAVEL--NONE SCHEDULED
11/09/1992

13:13:41

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

ANNUAL LEAVE--NOV. 23-30
AZZMEIAH VAZQUEZ-SPICER
TRAVEL--NOV. 2-20 - BASIC TRAINING - GLYNCO
ANNUAL LEAVE--NONE SCHEDULED
A

~S:

~;~uDIX

TERESA HUGHES HAS BEEN SELECTED FOR THE PARALEGAL POSITION·AT
AND IS EXPECTED TO TRANSFER IN MID-JANUARY, 1993.

('n A(l...o
12i16/1992

07:22:04

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

FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE
**************************************************************************
SUBJECT: NOVEMBER MONTHLY REPORT
DATE: DECEMBER 15, 1992
**************************************************************************
TO: WALLACE H. CHENY
FROM: BILL BURLINGTON
GENERAL COUNSEL
REGIONAL COUNSEL
**************************************************************************
LITIGATION SUMMARY:

16 NEW CASES WERE OPENED DURING THE MONTH. 9 OF THE NEW CASES WERE HC;
3 NEW BIV; AND 40TH.
35 CASES WERE CLOSED DURING THE MONTH.
AND 30TH.

18 HC; 10 BIV; 2 FTC; 2 FTC/BIV;

13 ANSWERS WERE COMPLETED.
ADM INISTRATIVE REMEDIES:
91 APPEALS WERE ACCEPTED DURING THE MONTH.
12/16/1992

07:22:30

INCLUDED IN THE ACCEPTED

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

APPEALS WERE 17 DHO; 0 SPH; 6 MED; 1MH; 6 LEG; AND 0 FD.
72 APPEALS WERE CLOSED WITH 17 BEING GRANTED; 54 DENIALS; AND 1 OTHER.
66 APPEALS WERE PENDING AT THE END OF NOVEMBER.
TORT CLAIMS:
A TOTAL OF 48 CLAIMS WERE RECEIVED DURING THE MONTH.
1PPPI; AND 3 REFERRALS.

34 PP; 10 PI;

A TOTAL OF 35 CLAIMS WERE CLOSED DURING THE MONTH.
3 OFFERS OF SETTLEMENT
WERE MADE.
157 CLAIMS WERE PENDING AT END OF MONTH.
TRAVEL AND LEAVE:
BILL BURLINGTON:
REGIONAL COUNSEL

12/16/1992

07:23:12

USP, TERRE HAUTE 12-1 & 2, ETHICS TRAINING
FPC, SEYMOUR JOHNSON 12-4, ETHICS TRAINING
FCI, ESTILL 12-7 & 8, ETHICS TRAINING
MCFP, SPRINGFIELD, 12-14, WITNESS TRAVEL
ANNUAL LEAVE, 12-28 & 29.

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

MARIAN CALLAHAN:
ASST. R.C.

ANNUAL LEAVE 12-4
FCI, PETERSBURG 12-10 & 11, ETHICS TRAINING.
FCI, LEXINGTON 12-15 & 16, ETHICS TRAINING.

MICHAEL PYBAS:
ASST. R.C.

USP TERRE HAUTE 12-1 & 2, ETHICS TRAINING
FCI ASHLAND 12-9 & 10 ETHICS TRAINING
FCI MANCHESTER 12-14 & 15, ETHICS TRAINING
ANNUAL LEAVE 12-28 THRU 12-31.

MARY WILBURN:
ASST. R.C.

NO SCHEDULED A/L OR TRAVEL FOR MONTH.

MICHAEL SULLIVAN:

ANNUAL LEAVE 12-3 THROUGH 12-11.
LEAVE 12-17 & 18.

MILT WILLIAMS:
PARALEGAL

NO SCHEDULED A/L OR TRAVEL.

KATHY HARRIS:

FOIA TRAININIG NERO 12-8 & 9.
ANNUAL LEAVE 12-23 & 24.

12/16/1992

07:23:27

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

TRIALS AND HEARINGS:
US V. ADCOX (CRIMINAL)

(SD/IN)

TRIAL IS SCHEDULED TO BEGIN ON DECEMBER 7, 1992 CONCERNING THE MURDER OF
AN INMATE AT USP-TERRE HAUTE ON JULY 6, 1991. THIS IS A REHEARING DUE
TO FIRST TRIAL ENDING IN A MISTRIAL.
DEFENDANT IS ACTING AS HIS OWN
COUNSEL WITH A COURT APPOINTED ATTORNEY. THE TRIAL IS EXPECTED TO LAST
AT LEAST THREE DAYS.
OTHER CASES OF INTEREST:
MARTIN V. BARR (ED/KY)
AFRICAN AMERICAN FMC/LEX RECREATION SPECIALIST ALLEGES DISCRIMINATION
BASED ON RACE OCCURRED WHEN WARDEN SELECTED LESS QUALIFIED WHITE MALE
FOR PROMOTION. DOJ ADMINISTRATIVE DECISION HELD AGENCY JUSTIFIED IN
SELECTING THE LESS QUALIFIED APPLICANT OVER PLAINTIFF.
YOUNG V. USA (ED/KY)
FTCA & BIVENS MEDICAL MALPRACTICE CASE CONCERNING FMC LEXINGTON.
12/16/1992

07:23:40

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

PLAINTIFF ALLEGES NEGLIGENCE IN FAILURE TO PERFORM MANDATORY TESTS WHICH
WOULD HAVE DISCLOSED OVARIAN OR ENDOMETRIAL CANCER BEFORE DISEASE REACHED
TERMINAL STATE. THE MRR ENTERED NOVEMBER 16, 1992 RECOMMENDS THAT BIVENS
CLAIMS AGAINST INDIVIDUALS BE DISMISSED AND THAT CASE PROCEED AS FTCA
ONLY AGAINST USA.
HIGDON V. USA, ND/WVA (FCI, MORGANTOWN) -- FTCA SUIT ALLEGING DELAY IN
TREATMENT RESULTED IN LOSS OF EYESIGHT IN ONE EYE. AFIP REPORT ON CASE
QUESTIONS THE STANDARD OF CARE PROVIDED. AUTHORIZATION WAS RECIEVED FROM
CENTRAL OFFICE 1030-92 TO SETTLE UP TO $15,00. AUSA REPORTED THAT
SETTLEMENT AGREEMENT REACHED IN THE AMOUNT OF 12,000. AUSA IS PROCESSING
SETTLEMENT.

~

CAMERON V. DUBOIS,

(USP, TERRE HAUTE)

(SD/IN)

BIVENS MEDICAL TREATMENT CASE. PLAINTIFF ALLEGES THAT DEFENDANTS VIOLATED
HIS CONSTITUTIONAL RIGHTS BY DENYING HIM A MEDICALLY PRESCRIBED, LOW-SALT,
LOW-FAT DIET WHILE AT TERRE HAUTE. A CASE WITH THE SAME CLAIM AND FACTS

·.
WAS DISMISSED IN THE FDCD AND IS CURRENT ON APPEAL IN CADC, ,CASE NO. 915055.
SO/IN COURT DISMISSED CASE WITH PREJUDICE ON BASIS OF ISSUE AND
CLAIM PRECLUSION.

06/04/1992

10:04:26

================
FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE

SUBJECT:

TO:

MAY MONTHLY REPORT

WALLACE H. CHENEY
GENERAL COUNSEL

10 NEW CASES FILED THIS MONTH.

DATE:

JUNE 3, 1992

FROM:

CAROLYN A. SABOL
REGIONAL COUNSEL

4 CASES CLOSED.

TRAVEL:
CAROLYN SABOL:

ANNUAL LEAVE 6/4 TO 6/5
TO ALEXANDRIA 6/12 FOR HEARING IN REED.
TO WARDEN'S CONFERENCE 6/22 - 6/27 (BILL BURLINGTON ACTIN
REGIONAL DIRECTOR AND REGIONAL COUNSEL)

AL MUNGIA HAS REPORTED TO LEXINGTON AS THE NEW ATTORNEY.
06/04/1992

10:04:31

JEFF TOENGES:

LAST DAY 6/26

TRAILS AND HEARINGS:
A HEARING WAS HELD 5/18 IN BARRY V. WHELAN. THE COURT' WAS MOS~:INTERESTE
IN ISSUE REGARDING THE DISCIPLINARY ACTION AND APPEAREDCONVI~OF THE
PROCEDURAL DEFENSES. RAISED ON··· BEHALF OP· THE) DEFENDANTS" OTHER· 'rIIAlt'!oTHE
DHO. THE PLAINTIFF 'ALSO' DISMISSED WITH' PREJUDICE THE: SUIT AGMRS'f·;:c
WARDEN WHELAN.
THE HEARING SCHEDULED FOR MAY 18 IN TOMLIN V. U. S WAS CANCELLED AFTER W
MR. TOMLIN WAS REDESIGNATED FROM BIG SPRING TO THE MAIN INSTITUTION IN
ASHLAND. THIS SEEM TO SATISFY JUDGE WILHOIT.
A HEARING IS SCHEDULED ON JUNE 12 IN REED V. BRAXTON, AN EASTERN DISTRICT
OF VIRGINIA CASE INVOLVING SENTENCE COMPUTATION. THE INMATE WAS SERVING
A D.C. SENTENCE WHEN HE THEN RECEIVED A FEDERAL CCCA SENTENCE. HE WAS
TRANSFERRED TO OTISVILLE WITH ONLY THE FEDERAL J & C AND HE WAS TOLD
HE HAD SERVED THAT SENTENCE. WHEN HE WAS THEN TRANSFERRED TO A ASHLAND
THE SENTENCE COMPUTATION REVIEW FOUND THE D.C. J & C AND REALIZED THE
06/04/1992

10:04:37

FEDERAL SENTENCE SHOULD HAVE BEEN SERVED CONSECTUTIVELY. THE INMATE IS
ALLEGING HE HAS A RIGHT TO RELY ON OUR INITIAL DETERMINATION THAT HE SERVl
SERVED HIS FEDERAL SENTENCE AND HE NEED NOT SERVE THE FOURTEEN MONTHS
AFTER COMPLETION OF HIS D.C. SENTENCE. I WILL BE ARGUING THE CASE FOR THl
GOVERNMENT.

~

.

. 06/10/1992

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

15:00:46

06-10-1992
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534

FROM:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

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

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 5/31/1992
ALW DAN FAI LEW LOR MCK

NYM

OTV

RBK

SCH

18
6

18
3

6

8
0

AUG

SEP OCT NOV DEC

JAN FEB MAR APR MAY JUN
1992
ADMINISTRATIVE REMEDIES

#
#
#
#
#

PENDING ON FIRST
RECEIVED IN MONTH
ANSWERED IN MONTH
PENDING END OF MO
OVER 30 DAYS

06/10/1992

15:00:50

70
70
77
63
0

JAN FEB MAR APR MAY JUN

PENDING ON FIRST 148 159 143 151 142
RECEIVED IN MONTH 45 38 54 52 47
ANSWERED IN MONTH 34 54 46 61 76
PENDING END OF MO 159 143 151 142 113
0
0
0
0
0
OVER 6 MONTHS
JAN FEB MAR APR MAY JUN

FOI/PRIVACY (1992)

#
#
#
#
#

32 45 60
67 115 117
54 100 107
45 60 70
0
0
0

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

TORT CLAIMS (1992)

#
#
#
#
#

31
49
48
32
0

PENDING ON FIRST
RECEIVED IN MONTH
ANSWERED IN MONTH
PENDING END OF MO
OVER 30 DAYS

# PENDING
# INV OVER 60 DAYS
06/10/1992

15:00:53

66
27
34
59
44

1
0

59
43
39
63
42

63
61
48
76
36

7
0

76
47
51
72
47

15
0

72
16
12
76
63

18
0

9
0

9
1

0

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

LITIGATION ACTIVITY, 1992, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
247 253 259 264 273
# NEW CASES RECD 10
11
17
12
20
# LIT REP DONE
11
6
11
8
23
# CASES CLOSED
12
5
11
7
11

JUL

..
..#
#
#
#
#

HABEAS CORPUS
FTCA
BIVENS
OTHER
BIVENS & FTCA

1
2
4
3
0

5
2
1
3
0

7
0
5
5
0

3
1
2
6
0

12
0
4
3
1

LITIGATION OF NOTE:
1.

U.S. V. WILLIAM MOTTO, 85-CR-214-2 (EDPA)

INMATE, NOW AT FCI DANBURY, SERVING OLD LAW SENTENCE OF 13 YEARS, FILED
RULE 35 MOTION TO REDUCE AFTER A RESENTENCING IN OCTOBER 1991. JUDGE
SHAPIRO HAS SCHEDULED A HEARING FOR JUNE 17, 1992. INMATE HAS MANDATORY
06/10/1992

15:01:05

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

RELEASE DATE FOR FEBRUARY 5, 1993. INMATE WANTS SENTENCE REDUCTION
BECAUSE BOP DENIED CCC PLACEMENT FOR 60 DAYS AND BECAUSE OF MEDICAL
PROBLEMS. HANK SADOWSKI WILL REPRESENT BOP AT THE HEARING.
SETTLEMENTS AND AWARDS:
1.

COA-PENA V. UNITED STATES, CIVIL NO. 90-0160 (EDPA)

FTCA CASES FILED BY INMATE AT USP LEWISBURG ALLEGING PROPERTY LOSS ON
TRANSFER FROM FCI RAY BROOK TO USP LEWISBURG. INMATE REQUESTED $431.60.
LEW PARALEGAL JEFF FROMME GOT INMATE TO SETTLE CASE FOR SIX PAIR OF
CONFISCATED SNEAKERS.
2.

PEREZ V. UNITED STATES, CIVIL NO. 91-CV-7264 (WDPA)

FTCA CASE ALLEGING MEDICAL MALPRACTICE AT FCI LORETTO. INMATE HAD OUTPATIENT SURGERY FOR SINUSITIS. CONSULTANT DOCTOR DIRECTED HE BE RETURNED
WITHIN 3 DAYS. INMATE NOT RETURNED AS DIRECTED.
40 DAYS AFTER SURGERY,
INMATE COMPLAINS OF FUNNY SMELL, HEADACHES, AND BLOCKAGE IN NOSE. 17 DAY:
LATER, IT WAS DISCOVERED THAT A TEFLA PAD WAS LEFT IN HIS NOSE FROM THE
ORIGINAL SURGERY. CASE SETTLED FOR $12,000.
06/10/1992

15:01:16

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

TRAVEL AND LEAVE SCHEDULE FOR JUNE 1992:
DAVE ESSIG
TRAVEL - NONE SCHEDULED
ANNUAL LEAVE-- JUNE 1-5
HANK SADOWSKI
TRAVEL--JUNE 15 - FCI DANBURY ANNUAL LEAVE--JUNE 29 - JULY 2

(ASBESTOS LITIGATION)

TERESA HUGHES--ANNUAL LEAVE AND TRAVEL - NONE SCHEDULED
MIKE TAFELSKI
TRAVEL--JUNE 5 - USP LEWISBURG ANNUAL LEAVE--NONE NOTED.

(CONFERENCE WITH WITNESSES)

.

'.

.MIKE TAFELSKI IS SCHEDULED TO REPORT FOR REASSIGNMENT TO USP LEWISBURG
ON JUNE 29, 1992.
PARALEGAL PATTY GOTTS REPORTED TO FCI, DANBURY ON MONDAY, JUNE 8.

07/06/1992

14:48:38

================
FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE

SUBJECT:

TO:

JUNE MONTHLY REPORT

WALLACE H. CHENEY
GENERAL COUNSEL

DATE:

JULY 6, 1992

FROM:

CAROLYN A. SABOL
REGIONAL COUNSEL

12 NEW CASES FILED THIS MONTH.
TRAVEL:
MARY WILBURN:

ANNUAL LEAVE 7/6 TO 710

MARIAN CALLAHAN:

ANNUAL LEAVE 7/2 THROUGH 7/6

BILL BURLINGTON:

TO MORGANTOWN ICP 7/27 TO 7/30.

07/06/1992

14:48:44

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

TRAILS AND HEARINGS:
A HEARING WAS HELD ON JUNE 12 IN REED V. BRAXTON, AN EASTERN DISTRICT
OF VIRGINIA CASE INVOLVING SENTENCE COMPUTATION. THE INMATE WAS SERVING
A D.C. SENTENCE WHEN HE THEN RECEIVED A FEDERAL CCCA SENTENCE. HE WAS
TRANSFERRED TO OTISVILLE WITH ONLY THE FEDERAL J & C AND HE WAS TOLD
HE HAD SERVED THAT SENTENCE. WHEN HE WAS THEN TRANSFERRED TO A ASHLAND
THE SENTENCE COMPUTATION REVIEW FOUND THE D.C. J & C AND REALIZED THE
FEDERAL SENTENCE SHOULD HAVE BEEN SERVED CONSECTUTIVELY. THE INMATE IS
ALLEGED HE HAD A RIGHT TO RELY ON OUR INITIAL DETERMINATION THAT HE SERVE
SERVED HIS FEDERAL SENTENCE AND HE NEED NOT SERVE THE FOURTEEN MONTHS
AFTER COMPLETION OF HIS D.C. SENTENCE. THE COURT DISAGREED AND RULED FRO
THE BENCH THAT OUR ACTIONS WERE APPROPRIATE IN LIGHT OF THE FEDERAL COURT
RULING OF A CONSECTUTIVE SENTENCE. THE INMATE HAS ALREADY FILED HIS
NOTICE IN THE COURT OF APPEALS.
OPINION FILED:
07/06/1992

14:48:52

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

THE COURT RULED IN BARRY V. WHALEN THAT ALL THE DEFENDANTS ~·{DISMISSED
ON QUALIFIED IMMUNITY GROUNDS AND ON FAILURE TO STATE A CONSTrrDTIONAL
CLAIM.
THE COURT DID GIVE BARRY LEAVE TO AMERD THE COMPLAINT WITH REGARD
TO THE ALLEGATION THAT THE DBO HAD HIS MIND MADE UP BEFORE THE ~NG.
THE COllR'l.- STATED SPBClnc-. . . . ._ . . .PSe ...'IB&IJD;• •·tIU'Ik.~g.~
ALLEGATION. " ALTHOUGH IT IS TWO WEEKS TODAY SINCE THE: RULING, ROt'SOCIf'AMERDlIENT'" HAS' BEER' FILED.
iJ'IIB:i'COUR'r ~ GAVE' BARRY"l 0 DAYS" '1'0' PILEr suar'
All,· AMENDMENT.

~.j

08/05/1992

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

07:08:54

FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE
SUBJECT: JULY MONTHLY REPORT

DATE: AUGUST 4, 1992

TO: WALLACE H. CHENEY
GENERAL COUNSEL

FROM: BILL BURLINGTON
REGIONAL COUNSEL

11 NEW CASES FILED THIS MONTH.

10 CASES CLOSED.

TRAVEL AND LEAVE:
BILL BURLINGTON:
MICHAEL PYBAS:

08/05/1992

HOUSEHUNTING 7-31 THROUGH 8-5.
ANTICIPATE REPORTING AT FCI-BUTNER 8-17
REPORTED TO MARO FROM NCRO ON 7-19
TRAINING AT FCI-PETERSBURG 8-6
ICP AT FCI-MILAN 8-24 THROUGH 8-27

07:08:59

MARY WILBURN:

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

TO DC TORTS BRANCH ON FLECHSIG V. US 8-3
TO ALEXANDRIA, VA ON THOMAS V. WHALEN MOTIONS 8-7

MARIAN CALLAHAN:
MILT WILLIAMS:
KATHRYN SIMPSON:

TO DC TORTS BRANCH ON FLECHSIG V. US 8-3
ANNUAL LEAVE 8-27 THROUGH 9-11
ANNUAL LEAVE 8-2 THROUGH 8-14
LEGAL INTERN TRAINING AT

USP-~EWISBURG

8-4

MICHAEL SULLIVAN, HONORS ATTORNEY, ANTICIPATED REPORT DATE 8-23
TRIALS AND HEARINGS:
JURY TRIAL WAS HELD ON 7-8 AND 7-9 IN TERRE HAUTE, INDIANA IN THE
CASE OF EVANS V. CAPT. WOLFE, LT. RARDIN, AND THE U.S., A BIVENS/FTCA
CASE. AFTER FOUR HOURS OF DELIBERATIONS, THE JURY RETURNED ITS
VERDICT IN FAVOR OF THE DEFENDANTS AND THE COURT ENTERED JUDGMENT
IN FAVOR OF THE UNITED STATES ON THE TORT CLAIM. THE CASE AROSE
FROM A CLAIM OF RETALIATORY ASSAULT BY STAFF UPON THE INMATE IN
1987 AFTER THE INMATE HAD ASSAULTED A FEMALE PSYCHOLOGIST. THE
COURT AND THE JURy FOUND THAT STAFF DID NOT ASSAULT THE INMATE,
08/05/1992

07:09:04

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

FINDING THE INMATE NOT CREDIBLE.
ON 7-7, INMATE RICHARD DANIELS WAS CONVICTED BY A FEDERAL JURY IN
THE NORTHERN DISTRICT OF WEST VIRGINIA OF ASSAULT WITH A DANGEROUS
WEAPON ARISING FROM AN INMATE ON INMATE ASSAULT AT FCl-MORGANTOWN.
SENTENCING IS EXPECTED IN SIX TO EIGHT WEEKS.
CAROLYN SABOL, DEPUTY GENERAL COUNSEL, WILL ARGUE THE GOVERNMENT'S

"'~t

POSITION BEFORE THE SIXTH CIRCUIT IN CINCINNATI ON 8-10 IN FLECHSIG
V. UNITED STATES, A TORT CLAIM INVOLVING THE EXTENT OF THE LIABILITY
OF THE UNITED STATES AND RELATED SCOPE OF EMPLOYMENT ISSUES UNDER THE
FTCA WHEN STAFF IS ALLEGED TO HAVE ASSAULTED AN INMATE.
MARY WILBURN WILL PRESENT THE GOVERNMENT'S POSITION IN THOMAS V.

WHALEN ON 8-7 IN ALEXANDRIA, VA. THE CASE CONCERNS AGGREGATION
OF DISTRICT OF COLUMBIA AND FEDERAL SENTENCES.
ON 7-9, HEARING WAS HELD ON PRELIMINARY MOTIONS IN PETERSON V.
BOGAN IN DETROIT, A CASE ARISING FROM A FORMER CONTRACT TEACHER'S
REQUEST FOR VISITATION AND AUTHORIZATION TO MARRY AN FCI-MILAN
INMATE WHICH WAS DENIED DUE TO SERIOUS SECURITY CONCERNS.
THE COURT
HAS TAKEN THE MOTIONS UNDER ADVISEMENT.
08/05/1992

07:09:14

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

TRIAL PREPARATION IS CURRENTLY UNDERWAY IN MADISON V. U.S.A., AN FTCA
RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE
THE PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE IN THE EARLY 1980'S.
THE CASE IS SCHEDULED FOR TRIAL 9-8 IN EAST ST. LOUIS, ILLINOIS.
SETTLEMENT NEGOTIATIONS ARE CURRENTLY UNDERWAY.
IN AN UNUSUAL MATTER, FPC-ALDERSON HAS BEEN NOTIFIED THAT IT IS A
MEMBER OF THE SETTLEMENT CLASS EXPECTED TO SHARE IN A CIVIL RICO
SETTLEMENT FUND IN BANE V. COCA-COLA BOTTLING CO. OF ROANOKE. THE
SETTLEMENT WILL BE BASED UPON THE VOLUME OF PRODUCTS PURCHASED
FROM THE COMPANY DURING THE PERIOD 1976--1987. THIS CIVIL CLASS
ACTION SUIT FOLLOWED IN THE WAKE OF THE COMPANY'S CONVICTION FOR
PRICE FIXING.
CC:

PATTY BORTZ, AURORA, TRAINING CENTER

09/08/1992

08:31:33

+.

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

FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE
SUBJECT: AUGUST MONTHLY REPORT

DATE: SEPTEMBER 3, 1992

TO : WALLACE H. CHENEY
GENERAL COUNSEL

FROM: BILL BURLINGTON
REGIONAL COUNSEL

8

NEW CASES FILED THIS MONTH.

18 CASES CLOSED.

TRAVEL AND LEAVE:
BILL BURLINGTON:

09/08/1992

08:32:56

-REPORTED TO NEW OFFICE AT FCI-BUTNER ON 8-17
-SPECIAL CLAIMS OFFICE, MIAMI, 9-8 THROUGH 9-11
-NEW ATTORNEY TRAINING, ANNAPOLIS, MARYLAND,
9-14 THROUGH 9-18
-9-21 & 9 - 22, PORTLAND, OREGON; MEETING WITH
STATE CORRECTIONAL OFFICIALS TO FACILITATE
PLACEMENT OF FEDERAL PSYCHIATRIC INMATES IN

================
STATE FACILITIES (ALONG WITH DR. COWELL &
DR. JOHNSON) .

MARY WILBURN:

-CONSTITUTI ONAL LAW TRAINING, WASHINGTON, D.C., 9-11

MARIAN CALLAHAN: - ANNUAL LEAVE 8-27 THROUGH 9-11
MILT WILLIAMS: - ANNUAL LEAVE 9-8 THROUGH 9-11
MICHAEL SULLIVAN: - REPORTED TO MARO ON 8-23
-SPECIAL CLAIMS OFFICE, MIAMI, 9-8 THROUGH 9-11
-NEW ATTORNEY TRAINING, ANNAPOLIS, MARYLAND,
9-14 THROUGH 9-18
-GLYNCO TRAINING, 9-28 THROUGH 10-16
TRIALS AND HEARINGS:
ON 7-31 A FEDERAL COURT CONVICTED INMATE RONNIE S. CEBALLOS OF
ASSAULT ON A FEDERAL EMPLOYEE RESULTING FROM AN ATTACK ON LAUNDRY
PLANT FOREMAN JAMES MICHAEL HODGE AT FCI-PETERSBURG LAST
FEBRUARY . TWO INMATES TESTIFIED FOR THE GOVERNMENT. THE AU SA
PROSECUTING THE CASE STATED THAT THEY WERE THE MOST COOPERATIVE
09/08/1992

08:33:01

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

INMATE WITNESSES HE HAD ENCOUNTERED IN TWENTY YEARS OF LITIGATING
FCI CASES.
SENTENCING IS SCHEDULED FOR SEPTEMBER 30TH.
ON 8 -7 IN ALEXANDRIA, VIRGINIA, IN THE CASE OF THOMAS V. WHALEN,
THE DISTRICT COURT RULED AT THE CLOSE OF ORAL ARGUMENT THAT THE
BUREAU'S COMPUTATION OF SENTENCE WAS PROPER. MARY WILBURN ARGUED
THE CASE FOR THE GOVERNMENT. THE CASE CONCERNED AGGREGATION OF
DISTRICT OF COLUMBIA AND FEDERAL SENTENCES FOR A PAROLE VIOLATOR .

•
ON 8-6, A MAGISTRATE'S REPORT AND RECOMMENDATION WAS ISSUED IN
PETERSON V . BOGAN , EASTERN DISTSRICT OF MICHIGAN , A CASE ARISING
FROM A FORMER CONTRACT TEACHER'S REQUEST FOR VISITATION AND
AUTHORIZATION TO MARRY AN FCI-MILAN INMATE. THE REQUEST HAD BEEN
DENIED AT FCI-MILAN DUE TO SERIOUS .SECURITY CONCERNS.
THE
MAGISTRATE RECOMMENDED THAT A PRELIMINARY INJUNCTION BE GRANTED
ALLOWING THE MARRIAGE AND VISITATION. OBJECTIONS HAVE BEEN
PREPARED AND FILED AND ARE CURRENTLY PENDING.
TRIAL PREPARATION CONTINUES IN MADISON V. USA, AN FTCA RENAL
FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE THE
PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE IN THE EARLY
1980'S . THE CASE WAS SCHEDULED FOR TRIAL ON 9-8 , BUT HAS BEEN
09/08/1992

08:33:13

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

RESCHEDULED FOR 11-3 IN EAST ST. LOUIS, ILLINOIS.
NEGOTIATIONS ARE CURRENTLY UNDERWAY.

SETTLEMENT

JURY TRIAL SCHEDULED FOR 9-21 HAS BEEN POSTPONED IN EVANS V.
EDWARDS, A BIVENS ACTION ALLEGING DELIBERATE INDIFFERENCE BY
MEDICAL STAFF AFTER THE PLAINTIFF INMATE HAD ASSAULTED A STAFF
PSYCHOLOGIST AT USP-TERRE HAUTE IN 1987 . REGIONAL DIRECTOR
CALVIN EDWARDS REMAINS A DEFENDANT IN THIS CASE. THE DISTRICT
JUDGE HAS INDICATED THE CASE WILL BE TRIED IN MARCH , 1993. THIS
IS ONE OF THREE REMAINING EVANS CASES STEMMING FROM THE AFTERMATH
OF THAT INCIDENT. LAST MONTH A JURY FOUND IN FAVOR OF OUR STAFF
IN A RELATED EVANS LAWSUIT .
CC:

PATTY BORTZ, AURORA TRAINING CENTER
ANDY STINNETT , GLYNCO

10/13/1992

08:56:14

---------------FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE

SUBJECT: SEPTEMBER MONTHLY REPORT

DATE: OCTOBER 9, 1992

TO: WALLACE ~. CHENEY
GENERAL COUNSEL

FROM: BILL BURLINGTON
REGIONAL COUNSEL

9 NEW CASES OPENED THIS MONTH.
TORT CLAIMS RECEIVED THIS MONTH.

4 CASES CLOSED. 30 NEW ADMINISTRATIVE
26 TORT CLAIMS CLOSED.

TRAVEL AND LEAVE:
BILL BURLINGTON: -IN REGIONAL OFFICE 10-5 THROUGH 10-7 FOR NEW
WARDENS' BRIEFING AND STAFF MEETINGS.
-FCI-PETERSBURG, STAFF ASSISTANCE VISIT AND
TRANSITIONAL CARE UNIT, 10-15
-ETHICS TRAINING FOR TRAINERS, 10-19 & 10-20
DENVER, COLORADO.
10/13/1992

08:56:18

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

MICHAEL PYBAS:

-ETHICS TRAINING FOR TRAINERS, 10-19 & 10-20,
DENVER, COLORADO.

MARY WILBURN:

-EMPLOYEE DEVELOPMENT TRAINING, 10-28, BETHESDA, MD.

MARIAN CALLAHAN:

-ETHICS TRAINING FOR TRAINERS, 10-19 &
DENVER, COLORADO
-EMPLOYEE DEVELOPMENT TRAINING, 10-28,

MILT WILLIAMS:

10~20,
BETH~SDA,

MD.

-NO LEAVE OR TRAVEL PLANNED.

MICHAEL SULLIVAN: -GLYNCO TRAINING, THROUGH 10-16
ON OCTOBER 27TH, THE MID-ATLANTIC REGIONAL OFFICE WILL BE HOSTING A DOJ
LEGAL EDUCATION INSTITUTION VIDEOTAPED COURSE ON "LITIGATION MANAGEMENT
AND ORGANIZATION."
TRIALS AND HEARINGS:
PETERSON V. BOGAN, ED MICHIGAN (FCI-MILAN)--THE MAGISTRATE'S
REPORT AND RECOMMENDATION WAS ADOPTED BY THE COURT IN THIS CASE
ARISING FROM A FORMER CONTRACT TEACHER'S REQUEST TO MARRY AND VISIT
10/13/1992

08:56:24

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

WITH AN FCI-MlLAN INMATE. THE REQUEST TO MARRY HAD BEEN DENIED BY
THE WARDEN DUE TO SERIOUS SECURITY CONCERNS, PARTICULARLY THE
"RIPPLE EFFECT" SUCH MARRIAGE COULD HAVE ON EFFORTS TO PREVENT
IMPROPER STAFF-INMATE RELATIONSHIPS FROM FORMING IN THE FUTURE.
THE COURT HAS NOW ORDERED THAT A PRELIMINARY INJUNCTION BE GRANTED
ALLOWING THE MARRIAGE AND VISITATION. MOTIONS TO RECONSIDER AND FOR
A STAY HAVE BEEN FILED, AND EFFORTS ARE UNDERWAY TO APPEAL THE MATTER
TO THE SIXTH CIRCUIT IF NECESSARY.

MADISON V. USA, SD ILLINOIS (USP-TERRE HAUTE)--TRIAL PREPARATION
CONTINUES IN THIS FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE
KIDNEY PROBLEMS WHILE THE PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE
IN THE EARLY 1980'S. PLAINTIFF, WHO HAS LOST THE FUNCTION OF BOTH
KIDNEYS, IS SEEKING $1.5 MILLION IN DAMAGES. ADDITIONAL WINESSES HAVE
BEEN INTERVIEWED AND EXPERTS HAVE BEEN DEPOSED. AT THIS TIME THE CASE
IS SCHEDULED FOR TRIAL ON 11-3 IN EAST ST. LOUIS, ILLINOIS. THE CASE IS
EXPECTED TO TAKE AT LEAST TWO WEEKS TO TRY.
DUPARD V. JARVIS, ED MICHIGAN (FCI-MILAN)--INMATE DUPARD WAS GRANTED
LEAVE BY THE COURT TO AMEND HIS COMPLAINT TO ALLEGE A CONSPIRACY BETWEEN
THE FORMER WARDEN AT FCI-MILAN AND STATE OF WASHINGTON OFFICIALS TO
REVOKE HIS REAL ESTATE LICENSE. HE ALSO ALLEGES DENIAL OF ACCESS TO
10/13/1992

08:56:29

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

THE COURTS BECAUSE THE BOP FAILED TO PROVIDE HIM STATE LAW MATERIALS
FROM THE STATE OF WASHINGTON TO ENABLE HIM TO CONTEST HIS REAL ESTATAE
LICENSE REVOCATION.
US V. DANIELS, ND WEST VIRGINIA (FCI-MORGANTOWN)--CRIMINAL JURY
TRIAL WAS HELD IN JULY RESULTING IN A FINDING OF GUILT AGAINST
INMATE DANIELS FOR ASSAULTING ANOTHER INMATE WITH A PIPE AT FCIMORGANTOWN. SENTENCING IS PENDING. THE INMATE WHO WAS ASSAULTED
HAS FILED AN ADMINISTRATIVE TORT CLAIM ALLEGING FAILURE TO PROTECT.
US V. GALLO, ED KENTUCKY (FMC-LEXINGTON)--INMATE LOURDES GALLO, A
32 YEAR OLD FEMALE MARIEL CUBAN DETAINEE, WAS FOUND GUILTY
AFTER CRIMINAL TRIAL IN PROSECUTION FOR ASSAULT ON A FEDERAL
EMPLOYEE. THE INMATE PUNCHED A PHS NURSE IN THE HEAD AT FMC-LEXINGTON
CAUSING BRUISES. THE DISTRICT COURT IMPOSED A FOUR MONTH SENTENCE
ON SEPTEMBER 24.
PARKER V. GREENWELL, SO INDIANA (USP-TERRE HAUTE)--JUDGMENT WAS
ENTERED ON AUGUST 25TH IN FAVOR OF BOP OFFICIALS WHO HAD BEEN
SUED BY AN INMATE WHO FELL INTO A VAT AND SUSTAINED INJURIES IN
A UNICOR OPERATION AT USP-TERRE HAUTE IN 1980. HE WAS RELEASED
IN 1984 AND NEVER FILED AN INMATE ACCIDENT COMPENSATION ACT CLAIM.
10/13/1992

08:56:33

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

THE COURT FOUND NO EIGHTH
THAT WHILE THERE MAY HAVE
THE INMATE, HIS EXCLUSIVE
UNDER THE INMATE ACCIDENT
CC:

AMENDMENT OR BIVENS LIABILITY, AND HELD
BEEN NEGLIGENCE IN THE ASSIGNMENT OF
REMEDY AGAINST THE UNITED STATES WAS
COMPENSATION ACT.

PATTY BORTZ, AURORA TRAINING CENTER
ANDY STINNETT, GLYNCO

'

..

.,
tlNmm STATES GOVERNMENT
."

memorandum
DATE:

REPLY TO

Februa~l,

»93

Mid-Atlantic Regional Office, Annapolis Junction, MD 20701

kJ:«eu,tn~

ATINOF:

Bill Burlington, ~gional Counsel
Mid-Atlantic Reg10n

S~:

Quarterly Report - October thru December 1992

TO:

Nancy Redding, Executive
Office of General Counsel

The following is our quarterly report for the first quarter of
fiscal year 1993.
Torts
NUM

PROP PI PPPI

161

106

35

WD

MEO

9

0

5

OTH

ANS

PEN

eLD

HIT

SET

40

209

108

2

2

0

00

SET
31

AMT

PEND

2841

191

DEN

00

AIO

AlP

57

15

31

104

Litiqation
NUM

He

FTC

BIV

40

20

4

10

6

AWD

Administrative Remedies
NUM

DHO

263

54

SPH
5

MEO

MH

14

5

LEG
8

FD

GRT

DEN

PEN

2

47

196

89

0

Trials and Hearings

u.s.

v. AdcoX (Criminal) SOlIN (Terre Haute)

Trial began on December 7, 1992 concernl.ng the murder of an
inmate at USP, Terre Haute on July 6, 1991. This was a rehearing
due to' the first trial endinq in a mistrial.
Defendant, who
acted as his own counsel with the assistance of a court appointed
attorney, was convicted for the murder.
On January 6, 1993,
Defendant was sentenced to life without parole.
lAlthough the dbase reflects 3 claims settled during the
quarter for a total amount of $2841, the more accurate reflection
is the number of offers made. Including the 3 SET, there were 33
offers made totalling $5,041.27.

MXR Quarterly Report
page

u.s.

2
v. Jackson (Criminal) ED/KY (Ashland)

Inmate Dewayne Jackson received a six month sentence, consecutive
to his current sentence, for his assault on a recreation
specialist.
Inmate Jackson hit the recreation specialist
repeatedly with a golf club. Luckily,o the staff member was not
seriously injured.
However, he did receive some scars on his
back.
The maximum penalty was six months, and the government
recommended the maximum sentence be imposed.
Magistrate Peggy
Patterson imposed the sentence on December 12, 1992.

settlements
Higdon v. USA, 91-0031-E, ND/WVA (Morgantown)
FTCA suit alleging delay in treatment resulted in loss of
eyesight in one eye. Independent report questioned the standard
of care provided. Authorization was received from Central Office
10-30-92 to settle up to $15,000. Settlement was reached in the
amount of $12,000.
~Madison

v. USA, SD/IL (Terre Haute)

This FTCA renal failure case alleged failure to diagnose kidney
problems while at Terre Haute in the early 1980's.
Plaintiff,
who had lost both kidneys, was seeking $1.5 million in damages.
Authority was granted to settle up to $30,000 linked to a
proposed kidney transplant.
The offer was rejected with a
counter of $30,000 cash settlement.
After Central Office
approval, Plaintiff was subsequently offered a cash settlement of
$10,000 and accepted the offer.
The trial, which had been
scheduled for February, was estimated at costing well over
$30,000 in expert witness fees, travel and other litigation
expenses.
Young v. USA, ED/KY,

(Lexington)

FTCA & Bivens medical malpractice case concerning FMC, Lexington.
Plaintiff alleges negligence in failure to perform mandatory
tests which would have disclosed ovarian or endometrial cancer
before disease reached terminal state. The Bivens portion of the
suit has been dismissed by the court and the action is proceeding
as an FTCA case only.
Approval was received from the Central
Office· to settle case for up to $100, 000.
(No settlement
agreement has been reached.)