UNITED STATES GOVERNMENT

)

memorandum
DATE:

January 8, 1999Mid-Atlantic Regional Office. Annapolis Junc[ion. MD 2070J

REPLY TO
ATTN OF:

Bill Burlington, Regional Counsel
Mid-Atlantic Region

SUBJECT:

December 1998 Monthly Report

TO:

Wallace H. Cheney, General Counsel

ATTN: Amy Whalen Risley, Executive Assistant

ADMINISTRATIVE REMEDIES

JAN FEB

MAR APR MAY JUN JUl AUG SEP OCT NOV DEC

Received
Answered

135
143

229
178

TORT CLAIMS

JAN FEB

187
181

160
201

230 195 179 190
62
68
54
75
60
91
71
58
195 179 190 191
') Pending
0
0
~"er Six Month
0
0
,,'
. to C.O. with recommended settlement n.emo

JAN FEB

Cases Pending
New Cases Received
Habeas Corpus
Bivens
FTCA
Other
Cases Closed
Cases Pending
Lit Reports Completed
~/Hearings or Trials
)
Jments/Awards
.' Settlements/Awards

JAN FEB

214
156

225
195

191
254

191
42
38
195
0

195
49
83
154
1

154
45
67
138
0

138
47
30
149
1

212
268

179
170

169
198

OCT NOV DEC

149 166
53
59
43
40
166 171
1
1

171
68
34
188
1*

188
61
47
215
1

MAR APR MAY JUN JUl AUG SEP OCT NOV DEC

# Pending
13
12
23
# Received
43
54
24
# Answered
34
34
41
# Pending
12
23
23
# Over 20 Working Days
0
1
2*
*File has been requested from archives. * *One file
file.

LITIGATION

200
194

MAR APR MAY JUN JUl AUG SEP

# Pending
# Received
# Answered

FOI/PRIVACY

168
174

35
18
23
24
47
52
54
36
42
32
57
53
24
18
30
35
4*· 2* 3*
0
requested from archives;

19
38
37
30
26
55
48
54
32
52
50
36
54
56
43
32
38
26
37
19
1*
2
2
1*
1*
another request archives sent wron~

MAR APR MAY JUN JUl AUG SEP OCT NOV DEC

338 331 329 314
7
16*
4*
11
4
4
7
3
5·
1
0*
6
1
1
2
0
1
2
1
0
14
21
19
62
331 329 314 273
15
12
14
8
2
2
1
4
1
2
0
1
$147.7 $52.0
0

273 261 261 272
16
13
36
17
6
7
11
5
5
5
3
5
2
1
2
3
3
0
20
4
28
12
25
10
261 261 272 281
13
21
7
8
0
0
0
1
2
0
0
0
$13.9* $9.0
0
0

3287

284
18
10

287
12

3
3
1
2
5
3
15
284 287
12
19
0
0

1
1

281
17

8

0
0

0
0

8

296
13
10
2

0

2

1
15
0
296 306
12
9
1
0
0
0
0
0

0

($ in. Thousands)
*Corrected figures

3288

Page 3
MXR Monthly Report

)

SIGNIFICANT DECISIONS OR ADVERSE DECISIONS:
FCl Memphis - Sheets v. DOJ (Title VIr case: sexual
harassment, sex niscrimination, retaliation and constr~ct:=ve
discharge). On Wednesday, November 25, 1998,the jury
returned a verdict in favor of the Plaintiff awarding her
$25,000 for disparate treatment/sex discrimination, $75,000
for sexual harassment, $100,000 for retaliation and $116,000
in back pay. On December 18, 1998, the AUSA filed a Renewed
Motion for Judgment after Trial pursuant to Rule 50(b) of the
Federal Rules of Civil Procedure.
FCI Manchester - Moore v. Chandler - The Court found the Orr
decision applies in this early release case. Respondent was
allowed to amend their response.
SETTLEMENTS:
FCl Butner - Previously reported efforts by the u.s.
Attorney's Office in Colorado to settle four cases pending in
Colorado filed by inmate Dee Farmer. The Bureau has, decided to
call off settlement negotiations and the cases will proceed to
trial.
FCI Memphis - Littrell v. United States (failure to diagnose
throat cancer case). A settlement conference has been
scheduled for Friday, January 15, 1999. To date, the AUSA has
not received the report from our expert (an oncologist at the
VA in Nashville) concerning how the medical treatment would
have been different had the cancer been diagnosed sooner.
UPDATE ON CASES, TRIALS
REPORTS:

C~

HEARINGS, ETC. NOTED IN PRIOR

FCI Beckley - Depew v. Hawk - This inmate originally filed
suit in Massachusetts (later transferred to S.D. West
Virginia) because his right to receive privileged written
communications from his attorney had been restricted fOl" one
year. The inmate's Attorney, Mel Dahl, was disbarred as a
result of his resignation (in light of pending disciplinary
charges). The Court has ordered that Mel Dahl be remov~d as
the inmate's attorney in the matter and has ordered th~ :nmat~
to file an Application to proceed in forma pauperis, !: ~h~
inmate wants the action continued.

.)

PCl Petersburg - Jabari Zakiva v. Janet Reno, et ale
!:: this
fourth habeas petition Douglas Ross seeks immediate re-l.·dsefrom custody of BOP because his sentence expired on :: - :. t... y"" .
He will not sign an installment agreement form pursuan~ ~0 the
requirement of 18 U.S.C. § 3621(e). A response to disrr:l!;[7 as
successive and abuse of writ was filed December 16, l~~~.

3289

Page 4
MXR Monthly Report

.)

before Judge Brinkema (who dismissed his third petition which
is now on appeal to the 4th Circuit ) . Ross' attorney from the
DC case, Thomas Ruffin, Jr. entered an appearance pro hac vice
on Oo!cember 21, 1998, labeling Zakiyil., "a political ijri,;;pner
a
t~e .. Fe~.era: . Correctic;mal ~ns ti tution in Petersburg., ,-.'
.
V~rg~n~a .
'
.
.
.
.. ,.: ..

7

FCI Petersburg - U. S. v. Charles Porter, WD PA - On December
7~ h Chief Judge Donald Ziegler i n Pittsburgh ordered the
Marshals Service or the Bureau of Prisons to transport FCI
Cumberland Inmate Charles Porter to a Pittsburgh hospital for
a deathbed visit with his mother . Porter is a convicted
organized crime "underboss " tied to extreme violence with
almost 16 years remaining on his sentence and classified as a "
high escape risk. " The Warden opposed an escorted trip and
the Marshals refused to move the inmate (referring to the
Memorandum of Understanding between BOP and USMS).
After
consultation with the Northeast Region, our Regional Director
elected to formally object to the order . According to the
AUSA handling the matter, while expressing anger and
frustration with the Bureau, the Judge nevertheless granted
our Motion to Vacate.

~)

FCI Petersburg - U. S. v. Bong Park, WD PA - On Decembel' 21"'
Chief Judge Ziegler ordered the Bureau of Prisons to
immediately release FCI-Petersburg Inmate Bong Park to attend
his mother-in-law's funeral in Baltimore, and not be required
to report back until a week later on December 28th.
The
inmate was not furlough eligible due to alienage and pending
deportation by INS, and policy does not provide for an
escorted funeral trip involving in-laws. After consultation
with the Northeast Region, both Regional Directors elected t o
formally object to the order despite the Court's anticipated
reaction . On December 24'" , the Judge granted our Mot ion to
Vacate, but not without
s described
. the

FCI Memphis- A hearing is scheduled for Friday, Janu.i: ..'. ".
Alfred Lee Mauldin v. Mark Luttrell. et al., which in".... : , .
Mauldin filed in the local state Chancery Court.

)

FCI Manchester - Stevenson v. Pennington Plaintiff a:. ",,"r.
abuse by a staff member and that other staff failed
.: ,, - :
him from continuing abuse.
The staff member resigned ;: . . ; " c.

3290

)
.".-

Page 5
MXR Monthly Report
of discipline action.
NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES: None

)
3291

Page 6
MXR Monthly Report
CRIMINAL MATTERS:
FCI Beckley - Christopher Gibson, Reg. No. 28880-037 - Thi s
inmate was indicted on December 2, 1998 for Possessing
Contraband (Heroin ). He was arraigned December 18, 1 998 , and
trial is set for February 3, 199 9 .
FCI Beckley - Brian Andrews, Reg. No. 04844-030 - This inmate
was indicted on December 2, 1998 for Possessing Contraband
(Heroin). He was arraigned December 18, 1998, and trial is
set for February 9, 1999.
FCI Elkton - Sentencing hearing in United States v. Dumersier
is scheduled for January 21, 1999 .
FCI Manchester - U.S. v. Clark This case was tried to a jury
on December 7, 1998, in London, Kentucky. Defendant was found
not guilty of assault upon another inmate and guilty of
possession of a prohibited object (a knife) .

)

SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS
WASTE SITES, ETC.:
FCI Butner - The North Carolina Department Of Health and
Natural Resources has referred the notice of violatior. and
assesment of fines concerning failure to obtain perm!r~ fOI '
generators and boilers to the U.S. Environmental PrO: ~~ :l o n
Agency EPA).
We have been notified of a conference .,:::, EPA
in Atlanta currently schedulej for January 14, 1999.
, We al 'ecurrently in compliance with all permitting regulat i8 " ".
w,·
are still awaiting comment from the state agency on U.c:
remedial efforts.
FCI Petersburg - On December 18, 1998, Warden Steph c- :. ~.'
Dewalt, along with Ken Kepley, SIA, and Milt Willia~,
Paralegal met with Jim Corney, Chief of Richmond Crin ,: : .. , :
Di vision, USAO; Robert Heinzman, Special Agent, Ric~:-' :. : F:- :.
and Jim Stanton, Supervisory DUSM, Richmond Office.
: .,, :':;!' "
interagency cooperation and criminal referrals. MR. C ,;:' .. ..
indicated a willingness to prosecute escapes or waH'. . ,'. ' , ': "
from the camp; and a positive understanding was rea :' :.' :
. : ."
types of assaults the USAO would be willing to pros.·
was a very postive meeting.
PERSONNEL ISSUES

)

3292

Page 7

MXR Monthly Report

)

)

3293

page 9
MXR Monthly Report
New Litigation Cases by Institution and Type
Received During the Month of December 1998

BIV
FTCA
HC
OTH
TOT

ALD

ASH

BEC

BUT-

CUM

ELK

LEX

MAN

MEM

0
0
0
0
0

0
0
0
0
0

0
0

0
0
0
0
0

0
0
0
0
0

0
0
3
0
3

1

0
0

0
0
0
0
0

1

1
2

0
0
0

0

1

1

1

I

MIL

I 0
0
j

1

I

0

I

1

MRG

PET

SEY

THA

TOT

0
0
1
0
1

0
0

0
0
0
0
0

1

2

2
0
10

0
3

13

1

0
1

0

!
I

1

,

- Represents both the FCI and LSCI
New Litigation Cases by Institution and Type
Received Calendar Year to Date
ALD+
BIV
FTCA
HC
OTH
TOT

0
1
3
0
4

ASH
1

BEC+
1

BUT5

CUM

ELK.

LEX

MAN

4

7

1

0

1
5

2

2

0
4

0
3

5

25

10

36

4
0
6
4
14

2
2
1
12

2
3
1
7

-BUT represents both the FCI and the LSCI
ALD.

16
2
24

MEM
1

1
7
1

10

.Corrected figure Icase counted twice)

3294

MIL

3
3
10

MRG.
2

PET

SEY

THA

TOT

0
0
1
0
1

7
4
11

39
16
83

2
24

180

1

0

3
0
6
0

17

9

9

0
7

42

+Case counted for BEC should have been