.

DEC-06-1994

12:35

FROM

TO

9-20230?2995

P.01

oPTIC)N,\l FOR,.. 99 Ii·90)

FAX TRANSMITTAL
UNnEDSTATESGOVE~~NT

memorandum

GENEf\.aL SERVicES Al)I.AiNISTPlATION

J\'lid-Atlantic Regional Office, Annapolis Junction, MD 20701

NSN'S4D-01-3\i_i:!68

~

December 6, 1994

DAT~:

BUrling~

REPt.V TO

Bill

AnNOf: .

Mid-Atlantic Region

ounsel

St.:8J£CT:

November 1994 Monthly Report

TO:

Wallace H. Cheney, General Counsel

AITN:

Nancy Redding, Executive Assistant

FEB

MAR APR

MAY JUN

JUl

AUG

122
93

110
120

157
131

93

112

84

63

124

102

, 10

63

MAR APR

MAY JUN

JUl

AUG SEP

OCT . NOV DEC

224

182

206

85

187
67

53

221
63
96

183
61

61

204
61
50

180

60
92

63

99

182

215

180
1

155

0

221
0

183

·0

204
3

155
72
74
167

0

0

AUG SEP

OCT

NOV

ADMINISTRATIVE REMEDIES

JAN

Received
Answered

104

92

111

93

TORT CLAIMS

JAN

FEB

iI Pending

nding
# Over Six Month

231
71
78
224
0

FOI/PRIVACY

JAN

FEB

MAR APR MAY

# Pending
# Received
# Answered
# Pending
# Over 30 Days

194
58

159
66

117- 91
32

48

72

58
91

81

57

153

42

79

140
122
103
159
79

72

62

LITIGATION

JAN

FEB

MAR APR

Cases Pending
New Cases Received
Habeas Corpus
Bivens

177

186
26

201
22

6

8

11

14

1

2
2
, 1

(~eIVed
wered
\;

FTCA
Other
Cases Closed

Cases Pending
Lit Reports Completed
.']'Hearin g or Trials
(
ments/Awards
';;
ttlements/Awards
($ in Thousands)
• Corrected figure.

112
140

19·

1

8
186
,1
0

201
12
0

94
, 11

215
62
70
206
5

74
93
187
0

JUN" JUL

,

74
95

25

120
30

120
52
98
74
43

MAY

JUN

197

199

8
5

19
6
8

23
7

218
24
10

3

2

S
4

6
21
197
25

3

4

19
199

18
224

1
1

6
218
23
2

$10

1
$155

0
0

0

0

1
1

$0

$0

$0.1

16

3168

42
115

13

3

59

NOV

OEC

76
58

DEC

94

82

59

94
13

78
94
82
24

45
69
59

61
56
65

31

29

JUL

AUG

SEP

OCT

NOV DEC

224

224

267

283

9

13
2

16

263
12
2
7

4

1

2

2
6
267
19
0
0
0

179
6

1
0

21

SEP . OCT

74

29·
7

11

7

237
28

263

0
1

$.05

19
0
1

$.07

4

2

6
3

2

2

12

10
291

283

,

22
0

17

0

0
0

0

DEC-06-1994

12:36

FROM

IU

Page 2
MXR Monthly Report

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.
Bill Burlington, Regicnal Counsel, will be Acting Warden at

Fcr Ashland December 7 - 9, 1954, and on annual leave
December 16, 21-23 and 26-30.

Wanda Hunt, Deputy Regional Counsel, will be on annual leave
December 27-30.
Marian Callahan, Assistant Regional Counsel, will be on annual
leave December 19-23.
Kathy Harris, Paralegal SpeCialist, will be on annual leave
December 23-30.

Tom Read, Attorney, Fcr Memphis, \vill be on annual leave
December 8-9, and 27-30.

SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS
WASTE SITES, ETC.:
Suicide Investigation - . FCI Butner - On November 23rd, inmate
CRESS, James, committed suicide at FCI Butner.
Due to some
rather unusual circumstances about the death, the FBI has
decided to investigate this death to rule out homicide.
The
region is going to conduct a psychological autopsy next
and I have talked with the
ional Director about havi
done at
direction

EEO Hearing - Paralegal Trainee Debra Griffin - On November
22nd, I testified in an EEO hearing in Dallas. in response to
former paralegal trainee Debra Griffin's allegation that she
was transferred from the trainee program due to her race
(African American).
Steve Simon , LMR Branch, represented the
Bureau . The case has been taken under submission with a
decision expected around January 1, 1995.
FCI Milan - in response to the: possibility of a hazardous
waste dump and incinerator being placed in close proximity to
the institution, the government's title to the land was
researched.
It was determined that the government owns the
prcperty fee simple which means we also control the mineral
and water rights . The insc:it31~on had been informed that our

response to. the placement of ~ne waste site would carry more
weight if wS OWTl Cd thf! lane. fee simple.
This infcrmatioj) has

DEC-06-1994

12:37

TO

FROM

9-2023072995

P.03

Page 3

c

MXR Monthl}; Report

Fe:! Morgantown - Judge Naxwell, Northern District of t~est
virginia, has issued two preemptive orders against
transferring inmates in INS cases. These two orders followed
a show cause order in Zack v. t-Jarden of Fe! Morqantcwn,
2:94CV178, a non-INS case following a disciplinary transfer.
Bob Babineau, CMC, has suggested using the remarks section of
a SENTRY screen referenced by designators to ensure
notification to legal where a court or unusual situation may
cause problems with an inmate transfer.

FMC Lexington - We recently received three complaints filed
under the FTCA by inmates previously confined at FMC
Lexington.
Two complaints name Eddie Smith as the
perpetrator, while the third complaint does not identify a
specific individual. Inmate allegations were investigated
against Mr. Smith, but there was not enough evidence to take
any action. Mr. Smith was finally fired after one of the
inmate complainants wore a l'wire 1' during one of their sexual
encounters. The administrative complaints were denied based
on Mr. Smith being outside the scope of his employment.
FCI Petersburg - USA v. Weaver, E.D.Va., Inmate Weave~ plead
guilty to possession of a dangerous weapon and assault with
intent to do serious bodily harm. This incident involved an
inmate-on·inmate assault.
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT,
ETC.): None
SETTLEMENTS:

None

ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:

Michelle Murray v. Officer Harris, 93-259, E.D. Ky.,
Ashland

FeI

On November 2S, 1994, a jury deliberated less than 30 minutes
before delivering a favorable verdict for Tim Harris, a
Correctional Officer at FCl Ashland. Officer Harris had been
accused of improper sexual contact during a visual search of
inmate Michelle Murray.
Inmate Murray is a pre-operative
transsexual who filed suit against numerous Ashland staff,
alleging verbal and physical harassment. All defendants
except Officer Harris had been dismissed earlier by the court.
This case has attracted considerable media attention in the
local area.
Inmate Murray has now been transferred to Milan.

o

UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR
REPORTS:

Taylor v. United States,
Johnson

5:94-CV-372~Dl,

3170

E.D.N.C.,

FPC Seymour

, '

.

DEC-06-1994

12:38

9-2023072995

TO

FROM

P.04

Page 4

o

MXR Monthly Report

On November 29, 1994, we received a favorable ruling that the

Inmate Accident Compensation Act covers injuries suffered
.outside the institution during work assignments with other
federal ~gencies. Plaintiff Taylor lost his finger while
splitting logs for the Air Force as part of his prison work
assignment on Seymour Johnson, AFB.
Plaintiff was represented
by a law firm who took the position that Title 18 U.S.C.
Sect~on 4126 only covers injuries suffered within a Bureau of
Prisons institution.
Mount v BOP, 94-268-GK, D.D.C., FC! Petersburg

Plaintiff filed a motion alleging that due to the large volume
legal material he had, he was required to leave a portion
of it behind when he was transferred from Ft. Worth and
Petersburg.
Petersburg was net aware that a motion was filed,
but received a court order this week ordering the institution
to provide the plaintiff with the withheld materials. In
response a declaration was prepared stating that the plaintiff
had been provided all his property and material upon his
depar·ture from Petersburg.
~f

,

REPRESENTATION NOT RECOMMENDED FOR STAFF:

SIGNIFICANT FTCA CLAIMS:

None

SIGNIFICANT ADMINISTRATIVE REMEDIES:
MEDICAL MALPRACTICE CASES: None

3171

None

None