02/08/1993

12:21:28

================
UNITED STATES GOVERNMENT MEMORANDUM

DATE:
TO:
FROM:
SUBJECT:

FEBRUARY 5, 1993
WALLACE H. CHENEY
GENERAL COUNSEL
BILL BURLINGTON
REGIONAL COUNSEL

{1'.~

MONTHLY REPORT FOR JANUARY 1993
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY
JUDGMENT, ETC.)
NONE.
SETTLEMENTS
NONE.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS

02/08/1993

12:21:31

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

NO ADVERSE DECISIONS WERE RECEIVED DURING THIS MONTH.
SIGNIFICANT DECISIONS
SLAVEN V. UNITED STATES OF AMERICA, INC., IP 92-1750-C, SO/IN
THE BOP DID NOT HAVE ANY INVOLVEMENT IN THIS CASE, HOWEVER,
BECAUSE OF ITS SIGNIFICANCE, GERALD CORAZ, AUSA, SD/IN
FORWARDED A COPY OF THE OPINION FOR INFORMATION PURPOSES.
A MILAN INMATE REPEATEDLY FILED COMPLAINTS ESPOUSING THE VIEW
THAT THE US IS A CORPORATION; HE IS A FREE CITIZEN NOT
REGISTERED WITH THE US; HE WAS FRAUDULENTLY INDICTED AND
SUBJECTED TO THE LAWS OF CONGRESS IN TITLES 18 AND 21; AND HE
WAS COERCED INTO PLEADING GUILTY AND IS NOW ENSLAVED IN
VIOLATION OF THE 13TH AMENDMENT. IN AN ORDER FILED
JANUARY 15, 1993, THE COURT FINED SLAVEN $300 FOR VIOLATION
OF RULE II, F.R.CIV.P.; DIRECTED PAYMENT WITHIN 30 DAYS OR
THE COURT WILL ISSUE ORDER ATTACHING HIS INMATE ACCOUNT;
DIRECTED HIM TO KEEP COURT INFORMED OF ADDRESS UNTIL
FINE IS PAID; AND ORDERED HIM TO DISCLOSE IN ANY FUTURE
02/08/1993

12:21:35

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

COMPLAINT RAISING THE SAME OR SIMILAR ISSUES, THE
CLAIMS MADE IN THIS CASE AND THE OTHER THREE CASES AND
THE DISPOSITION INCLUDING THE SANCTIONS.
ALLEN V. BOP, ET AL., 92-82, ED/KY (ASHLAND)
THE COURT ADOPTED THE MRR OF NOVEMBER 10, 1992 AND
DISMISSED THE ACTION JANAURY 19, 1993. THIS IS A BIVENS

CASE WHERE PLAINTIFF ALLEGED CONSTITUTIONAL VIOLATION BY
ASH STAFF FOR FAILURE TO PROTECT HIM FROM AN INMATE
ASSAULT AT ASHLAND IN JANUARY 1990, DELIBERATE INDIFFERENCE
TO HIS MEDICAL NEEDS BY DELAYING TRANSPORTING HIM TO THE
LOCAL HOSPITAL WHICH WAS CAUSED BY INTERROGATION, AND DELAY
IN PROPERLY DIAGNOSING THE NATURF. OF THE SKELETAL AND SOFT
TISSUE INJURIES TO HIS BACK. TH
BASED UPON KENTUCKY'S ONE YEAR S
THE REPEAL OF THE TOLLING PROVIS 5hwJJ~ 6~- ~~ro
1990 MEANT THAT THE ONE YEAR PER
ACTION COMMENCED ON THAT DATE.
o \.J \ S . MO~ C'" '+0,
'
COMPLAINT WAS DEEMED FILED ON JA
]:>iSt-niSS / cJ.--u.... ,e..d
EARLIEST, IT IS BARRED BY THE ST
02/08/1993

12:21:38

tj
$~ fU>cLu,",'J Off~

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

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C1D\) '.s. t-U-N D(
S~'"' ~'-I"'U

UPDATE ON CASES, TRIALS OR HEARl.
SHUELL V. DOJ, 92-CV-60438-AA, E

TS

CASE FILED 12-3-92. AN OLD LAW
ENTENCE OF TEN YEARS WAS DUE FO:
DECEMBER 8, 1992. INMATE WAS TO
SERVE A STATE LIFE SENTENCE. HIS ATTORNEY OBTAINED A TRO
BLOCKING THE RELEASE ASSERTING THAT THE INMATE ELECTED TO
WAIVE HIS SGT. A MOTION TO LIFT TRO WAS FILED BY THE
GOVERNMENT. THE HEARING ON THE MATTER SCHEDULED FOR
JANUARY 28, 1993 WAS RESCHEDULED FOR FEBRUARY 3, 1993.

C-\-.

PETERSON AND BALISTERI V. BOGAN, 91-CV-77150-DT, ED/MI (MILAN)
THIS IS THE CASE WHERE A MILAN INMATE'S REQUEST TO MARRY AN
EX-CONTRACT EMPLOYEE WAS DENIED. THE COURT GRANTED P~NTIFF/S
REQUEST FOR A PRELIMINARY INJUNCTION AND ORDERED THAT THE
MARRIAGE AND VISITATION BE PERMITTED. HEARING ON
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BASED UPON
QUALIFIED IMMUNITY AND PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT IS SCHEDULED FOR FEBRUA~v 0
1~--

.

02/08/1993

dlJ~ (93

12:21:42

C

~

ASSISTANT REGIONAL COUNSEL FROM
ALONG WITH WARDEN BOGAN AND LYNN

I

GARRETT V. WHALEN, 2:92CV244, ED}
THIS IS A MEDICAL TREATMENT CASE
INMATE SEEKS $1.5 MILLION FOR PH~
ALLEGEDLY CAUSED BY A FIVE MONTH:
AND SURGICAL REMOVAL OF GALL BLAD
PRIOR TO THE TIME FOR RESPONSE B¥,
ORDERED RELEASE OF THE MEDICAL RE
PLAINTIFF. THE INSTITUTION DISCD
SUBSEQUENTLY, DEFENDANTS HAVE FILl
i

REPRESENTATION NOT RECOMMENDED
NONE.

FO~ STAF~

I

~

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.
BILL BURLINGTON, REGIONAL COUNSEL, WAS IN MARO FEBRUARY 1 AND 2
/08/1993

12:21:47

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

FOR ETHICS TRAINING AND FOI/PA TRAINING. TRAVEL TO KENTUCKY
ON ISSUE OF JURISDICTION FOR FCI, MANCHESTER FOLLOWED.
JOHN JACKSON, ATTORNEY (PETERSBURG) AND RENEE BARLEY, PARALEGAL,
FOI/PA (CENTRAL OFFICE) PROVIDED THIS OFFICE WITH EXCELLENT
FOI/PA TRAINING ON FEBRUARY 2, 1993.
MARIAN CALLAHAN, ASSISTANT REGIONAL COUNSEL, WILL BE TRAVELING
TO FPC, ALDERSON FOR ETHICS TRAINING FEBRUARY 9-10, 1993. NO
ANNUAL LEAVE PLANNED.
MIKE PYBAS, ASSISTANT REGIONAL COUNSEL, WILL BE TRAVELING TO
FCI, MILAN ON FEBRUARY 8, 1993 FOR THE PETERSON HEARING AND
ETHICS TRAINING ON FEBRUARY 9 AND 10TH. HE WILL ALSO BE
MEETING WITH AUSA'S FROM DETROIT DURING THIS TIME. ON
FEBRUARY 11, 1993 HE WILL BE PRESENTING ETHICS TRAINING CCMCCINCINNATI.
MARY WILBURN, ASSISTANT REGIONAL COUNSEL, HAS NO TRAVEL
SCHEDULED. ADMINISTRATIVE LEAVE FOR JURY DUTY IS SCHEDULED
FOR FEBRUARY 17, 1993.
/08/1993

12:21:51

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

MICHAEL SULLIVAN, ATTORNEY ADVISOR, HAS NO LEAVE OR TRAVEL
SCHEDULED.
MILT WILLIAMS, PARALEGAL, IS SCHEDULED FOR ANNUAL LEAVE
FEBRUARY 11-16, 1993. NO TRAVEL SCHEDULED.
KATHY HARRIS, PARALEGAL TRAINEE, HAS NO LEAVE OR TRAVEL
SCHEDULED.
THE LEGAL STAFF ACQUIRED ADDITIONAL OFFICE SPACE AND
COMPLETED THE MOVE INTO THIS SPACE ON JANUARY 21 & 22.
THIS OFFICE NOW HAS A NEW FAX NUMBER (SECOND HAND FAX MACHINE)
DIRECTLY INTO THE LEGAL OFFICE. THE NEW FAX NUMBER IS
301/317-5139 OR FTS 700/394-5139.
SIGNIFICANT FTCA CLAIMS
NONE.
SIGNIFICANT ADMINISTRATIVE REMEDIES
NONE.
08/1993

12:21:57

SITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH,
HAZARDOUS WASTE SITES, ETC.

·

~

..
IN REVIEWING A 3582(C)(1)(A) SENTENCE REDUCTION FOR REGIONAL
DIRECTOR'S SIGNATURE, A PHONE CALL FROM THE SENTENCING JUDGE
WAS RECEIVED ASKING WHY THE DELAY AND ACCUSING THE AGENCY OF
BUREAUCRATIC SHUFFLING, ETC. THE PROBLEM WAS THAT THE
PACKET HAD BEEN RECEIVED IN THE REGION WITHOUT ANY INDICATION
OF THE JUDGE'S INTEREST IN THE CASE. CONTACT WITH JUDGE,
AND UPDATES ON INMATE'S MEDICAL CARE WAS MADE BY INSTITUTION
STAFF WITHOUT INFORMING REGIONAL STAFF. A MEETING BETWEEN
REGIONAL CORRECTIONAL PROGRAMS ADMINISTRATOR, REGIONAL
HEALTH SYSTEMS ADMINISTRATOR AND LEGAL HAS RESOLVED THIS
COMMUNICATION PROBLEM.
MARY WILBURN, ASSISTANT REGIONAL COUNSEL, IN HER CAPACITY
AS FEDERAL WOMEN'S PROGRAM MANAGER, HAS SCHEDULED THE
APPEARANCE OF AN IRS AGENT TO ANSWER QUESTIONS AND PROVDE
INFORMATION ON CURRENT TAX ISSUES TO REGIONAL STAFF. THE
MEETING IS SCHEDULED FOR FEBRUARY 5TH IN MARO.

· '..

...

.

07:49:40

03/08/1993

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

FEDERAL BUREAU OF PRISONS
MID-ATLANTIC REGIONAL OFFICE
FEBRUARY 5, 1993
FROM:
TO:
SUBJ:

BILL BURLINGTON, REGIONAL COUNSEL'
WALLACE H. CHENEY, ASST. DIR./GENERAL COUNSEL
CENTRAL OFFICE
FEBRUARY 1993 MONTHLY REPORT

ADMINISTRATIVE REMEDIES
JAN FEB
95 119
RECEIVED
103
103
ANSW'D
81
97
NUM PEND
o
2
OVERDUE
TORT CLAIMS
JAN
03/08/1993

07:49:48

RECEIVED
ANSW'D
PENDING
OVERDUE

FEB

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

56
33
212
13

68
59
221

JAN

FEB

36
13
23

28
20

8

FOI/PRIVACY
RECEIVED
ANSW'D
PENDING
OVERDUE

°

31
6

LITIGATION
NEW CASES
CLOSED
PENDING
HRGS & TRL.
SETTLEMENTS

03/08/1993

JAN
17
93
133

FEB
16
14
135
4

°° °

07:49:56

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

SUBSTANTIVE PLEADINGS (COMPLAINTS, MOTION FOR SUMMARY JUDGMENT, ETC.)
NONE.
SETTLEMENTS:
NONE.

ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:
UNITED STATES V. MERCADO, E.D. KENTUCKY. (CRIMINAL)
AFTER A TWO DAY TRIAL, ON MARCH 1, 1993 A FEDERAL JURY RETURNED A
VERDICT OF NOT GUILTY IN THE CRIMINAL TRIAL OF DR. MERCADO. DR. MERCADO
WAS ACCUSED OF ACCEPTING A BRIBE FROM AN FCI, ASHLAND INMATE IN ORDER
TO EXPEDITE THE INMATES MEDICAL CARE. THE DEFENSE ATTORNEY WAS VERY
PERSAUSIVE IN HIS ARGUMENT TO THE JURY THAT DR. MERCADO FELT THE MONEY
WAS BEING OFFERED TO HIM AS A LOAN. NO DECISION HAS BEEN MADE AT THIS
POINT OF WHETHER DR. MERCADO'S ACTIONS VIOLATED ANY OF THE BUREAU CODE
OF CONDUCT PROVISIONS.

03/08/1993

07:50:09

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

PETERSON V. BOGAN, 91-CV-77150-DT, ED/MI.
ON FEBRUARY 8, 1993 A SUMMARY JUDGMENT HEARING WAS HELD IN DETROIT. WARDEN
BOGAN AND MICHAEL PYBAS, AS ST . REGIONAL COUNSEL ATTENDED HEARING. THIS
BIVENS CASE INVOLVED THE WARDEN'S DENIAL OF A REQUEST FOR MARRIAGE BETWEEN
AN INMATE AND A FORMER CONTRACT TEACHER.
PREVIOUSLY THE COURT HAD GRANTED
A PRELIMINARY INJUNCTION ALLOWING THE MARRIAGE TO TAKE PLACE AND ORDERING
THAT VI SITATION BE ALLOWED EVEN THOUGH THE WARDEN EXPRESSED SERIOUS
SECURITY CONCERNS, PARTICULARLY IN CONTROLLING AND ENFORCING RESTRICTIONS
ON THE FORMATION OF EMOTIONAL RELATIONSHIPS BETWEEN STAFF AND INMATES IN
THE FUTURE AT MILAN.
BEFORE THE PRELIMINARY INJUNCTION COULD BE APPEALED,
THE INMATE WAS PLACED IN A HALF-WAY HOUSE, MOOTING ANY INJUNCTIVE RELIEF.
THE COURT RULED AT THE CONCLUSION OF THE HEARING THAT THE WARDEN WAS WELL
WITHIN HIS DISCRETION IN DENYING THE MARRIAGE, THERE WAS NO CLEARLY ESTABL
ISHED LAW PUT FORTH BY COUNSEL FOR THE PLAINTIFFS SHOWING ANY ENTITLEMENT
TO THE MARRIAGE, AND THE WARDEN WAS THEREFORE ENTITLED TO QUALIFIED
IMMUNITY. THE CASE WAS DISMISSED.
SHUELL V. JUSTICE DEPT., NO. 92-CV-60438-AA, ED/MI.
A HEARING WAS HELD ON FEBRUARY 8, 1993 IN ANN ARBOR, MI ON THE GOVERNMENT'S MOTION TO DISSOLVE TRO AND DISMISS.
PREVIOUSLY THE COURT HAD
GRANTED INMATE'S COUNSEL A TRO EXPARTE TO BLOCK HIS RELEASE FROM FCI,
MILAN, AT THE EXPIRATION OF HIS SENTENCE, TO SERVE A STATE LIFE
03/08/1993

07:50:21

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

SENTENCE. THIS OLD LAW INMATE SOUGHT TO EXTEND HIS FEDERAL INCARCERATION
BY SEVERAL YEAR BY WAIVING STATUTORY GOOD TIME CREDITS. THE GOVERNMENT
SUCCESSFULLY ARGUED THAT THE INMATE HAD NO LIBERTY INTEREST OR OTHER RIGHT
TO BE HOUSED OR CONFINED BY THE GOVERNMENT AND WHEN HIS SENTENCE WAS
DETERMINED SASTISFIED, HE HAD NO RIGHT TO REMAIN INCARCERATED. THE COURT
SPECIFICALLY FOUND THE CONTRARY HOLDING IN THE PUBLISHED WOODSON CASE
(D.C.) UNPERSAUSIVE.
THE INMATE SOUGHT A STAY PENDING APPEAL WHICH WAS
DENIED. HE WAS TRANSFERRED TO STATE OF MICHIGAN CUSTODY.
THE INMATE'S
ATTORNEY HAS APPEALED TO THE SIXTH CIRCUIT.
UNITED STATES V. JACOBINI, 90-CR-167 (ADS), EASTERN DISTRICT OF NEW YORK:
A FCI, MORGANTOWN INMATE PETITIONED THE COURT FOR "HOME CONFINEMENT" BY
"MOTION FOR MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT".
INMATE
INCLUDED IN HIS MOTION A SIGNED STATEMENT FROM FCI, MRG PHYSICIAN THAT
INMATE HAS A "MEDICAL CONDITION INEVVITABLY LEADING TO MYOCARDIAL
INFRACTION AND SUDDEN DEATH", AND A MEMORANDUM STATING THAT INMATE CANNOT
BE TREATED BY LOCAL CARDIOLOGISTS. JUDGE CALLED AN EVIDENTIARY HEARING
ON ISSUE.
THE JUDGE APPEARED TO INTERPRET THE DOCTOR'S SUBMISSIONS AS

A MOTION ON THE PART OF BOP FOR CONSIDERATION UNDER 18 USC 3582(C) (1) (A).
DECLARATIONS WERE SUBMITTED BY WARDEN AND DOCTOR, HOWEVER HEARING WAS NOT
CANCELLED.
INMATE SUBMITTED REBUTTALS TO THESE DECLARATIONS AND AUSA'S
RESPONSE.
INMATE ADMITTED TO EXEMPLARY CARE BY INSTITUTION MEDICAL STAFF.
/08/1993

07:50:36

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

JUDGE CANCELLED HEARING AFTER REVIEWING ADDITIONAL MATERIALS SUBMITTED
BY MARO LEGAL STAFF NOTING THAT INMATE IS ATTEMPTING TO MANIPULATE A
6 MONTH PRE-RELEASE PLACEMENT.
INMATE HAD REFUSED TO ACCEPT A 2 MONTH
HALFWAY HOUSE PLACEMENT, WHICH WAS OFFERED, ANDADID ;f0T A:PEA~ DE<;IS ON

r:!J.ROU~~HIN~~CE~ ~

US~~RT'~~RSON,

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CR. NO. 92-00180-08(S) N.D.W.VA.
CRIMINAL INDICTMENT IN MAJOR DRUG CASE IN JEOPARDY BECAUSE LEGAL MAIL WAS
OPENED IMPROPERLY. INFORMATION FOUND IN LEGAL MAIL INDICATED THAT PERSONS
HOUSED IN THE PRETRIAL UNIT ALONG WITH DEFENDANT WERE WITNESSES AGAINST
HIM AND SHOULD HAVE BEEN SEPERATEES.
INSTITUTIONAL STAFF NOTIFIED AUSA.
DEFENSE ATTORNEY BROUGHT MOTION TO DISMISS INDICTMENT, OR IN THE ALTERNATIVE MOTION FOR SANCTIONS DUE TO VIOLATION OF LEGAL MAIL POLICY.
ENVELOPE WAS MARKED WITH ATTORNEY'S NAME, TITLE, AND STAMPED "CONFIDENTIAL
TWO STAFF MEMBERS, OUR CMC AND THE UNIT MANAGER OF PTU TRAVELED TO
WHEELING TO TESTIFY AT THE HEARING ON FEBRUARY 24, 1993.
UPDATE ON CASES ·, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS:
GARRETT V. QUINLAN, 92-CV-202, ~D/VA, PETERSBURG
A BIVENS ACTION FILED BY INMATE AT FCI, PETERSBURG IN THE EASTERN DISTRICT
OF VIRGINIA (NORFOLK). THE JUDGE HAS ORDERED A DEFENDANT TO INFORM THE

08/1993

07:50:49

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

COURT WHETHER HE WILL INSIST ON SERVICE OF PROCESS IN CONFORMITY WITH
RULE 4 OF THE F.R.CIV.P. THE COURT STATED THAT IN CASES FILED PRO SE BY
PRISONERS, " ... FEDERAL OFFICIALS HAVE LONG ACQUIESCED IN (THE COURT'S)
PRACTICE" OF MAILING A COPY OF THE COMPLAINT TO EACH DEFENDANT DIRECTLY
FROM THE COURT, "RATHER THAN PUTTING THE PLAINTIFF OR THE COURT THROUGH
THE EXPENSE OF REQUIRING ACTUAL PERSONAL SERVICE." PLAINTIFF'S ALLEGATION
IS THAT HE IS BEING DENIED PLACEMENT IN A COMMUNITY CORRECTIONS CENTER
BECAUSE OF MEDICAL DISABILITIES.
ESCOBAR V. GLUCH, NO. 91-CV-71731-DT, ED/MI & BALISTRERI V. BOGAN, 92-CV73390-DT, ED/MI
IN BOTH OF THESE CASES THE COURT, IN OTHERWISE FAVORABLE RULINGS DISPOSING
OF THE CASES ON THE MERITS, HAS REJECTED THE GOVERNMENT'S ARGUMENT THAT
IN BIVENS CASES SERVICE IS NOT EFFECTED ON THE FEDERAL EMPLOYEES SUED
UNTIL THE US IS SERVED PURSUANT TO RULES 4(D) (4) AND (5), F.R.CIV.P. THE
COURT HELD THAT SINCE THE EMPLOYEES WERE BEING SUED IN THEIR INDIVIDUAL
CAPACITIES, THE ATTORNEY GENERAL AND US ATTORNEY NEED NOT BE SERVED. WE
ARE PRESERVING OUR OBJECTIONS IN THE EVENT EITHER INMATE APPEALS SO THAT
WE MAY SEEK AUTHORIZATION TO CROSS-APPEAL IN SIXTH CIRCUIT ON THIS ISSUE.
(NOTE--WE ARE ALSO SEEING SIMILAR ATTEMPTS TO REQUIRE OUR EMPLOYEES TO
ANSWER WITHIN 20 DAYS INSTEAD OF 60 DAYS IN SME DISTRICTS WITHIN OUR
REGION. )

1

~08/1993

07:55:37

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

CLEVELAND & PURDUE V. BRUTSCHE (S.D. INDIANA)
THIS IS THE OLD CARLSON V. GREEN CASE. STAFF AF TERRE HAUTE WILL CLOSELY
MONITOR THIS BIVENS SUIT AGAINST A FORMER ASSISTANT DIRECTOR, ROBERT

BRUTSCHE.
THIS JURY TRIAL BEGINS ON MARCH 9, 1993, AND IS EXPECTED TO
LAST 6 WEEKS.
REPRESENTATION NOT RECOMMENDED FOR STAFF:
NONE.
ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.:
BILL BURLINGTON, REGIONAL COUNSEL WILL BE IN ATLANTA MARCH 9 & 10 TO
TEACH MEDICAL/LEGAL SESSION AT MULTI-DISCIPLINARY TRAINING SESSION FOR
HEALTH SERVICES STAFF.
HE WILL BE ON ANNUAL LEAVE MARCH 13TH TO ATTEND GO
GOING AWAY LUNCHEON FOR DIRECTOR QUINLAN.
MARIAN CALLAHAN IS SCHEEDULED FOR ANNUAL LEAVE MARCH 22-26TH.
SHE ALSO
SERVED AS PANEL MEMBER AT CMC TRAINING IN MARO.
HER PRESENTATION
CONCERNED INTEROFFICE COMMUNICATIONS; CAUTIONING CMC'S AND STAFF TO
INCLUDE ALL OUTSIDE COMMUNICATIONS WHEN A PACKET SUCH AS 3582(C) (1) (A)
IS SUBMITTED; EXPLAINING NEED FOR CAREFUL DOCUMENTATION IN IFRP AND
03/08 / 1993

07:55:54

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

AND OTHER DECISIONS; AN D SOLICITING TH EIR COOPERATION AS LEGAL'S BEST
CONSULTANT IN THE INSTITUTION .
MICHAEL PYBAS, ASST. REGIONAL COUNSEL, MOTHER IN LAW PASSED AWAY ON
FEBRUARY 21, 1993.
SHE HAD BEEN ILL FOR SOME TIME. MICHAEL WILL BE
ATTENDING THE FEDERAL EXECUTIVE BOARD SPECIAL MEETING REGARDING NEW ETHICS
REGULATIONS ON MARCH 3RD. HE IS SCHEDULED FOR ANNUAL LEAVE ON MARCH 8TH.
MARY N. WILBURN, ASST. REGIONAL COUNSEL IS SCHEDULED FOR ANNUAL LEAVE ON
MARCH 8 AND ON MARCH 1 8TH TO SERVE ON A PANEL OF THE AMERICAN ASSOCIATION
OF UNIVERSITY WOMEN TO AWARD FELLOWSHIPS FOR 2D- AND 3D- YEAR LAW SCHOOL
STUDENTS.
MICHAEL SULLIVAN, ATTORNEY HAS NO ANNUAL LEAVE OR TRAVEL SCHEDULED.
MILT WILLIAMS. PARALEGAL ALSO SERVED ON CMC TRAINING PANEL WITH CRIMINAL
AUSA OUT OF EASTERN DISTRICT OF VIRGINIA.
THEIR SESSION DEALT WITH
INTERAGENCY RELATION.
KATHY HARRIS, PARALEGAL TRAINEE HAS NO LEAVE SCHEDULED FOR MONTH, HOWEVER
SHE WILL BE TRAVELLING TO DENVER MARCH 21 - APRIL 9 FOR TRAINING AT NLTC.
03/08/1 9 93

07:57:22

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

RE LAST MONTH'S NOTICE CONCERNING (SECOND HAND FAX MACHINE); OUR DIRECT
LINE FAX MACHINE IS BROKEN. PLEASE SEND FAX TRANSMISSIONS TO FTS 700-3947015 OR 301-317-7019.
SIGNIFICANT FTCA CLAIMS:
THERE HAS BEEN AN INCREASE IN THE NUMBER OF CLAIMS ALLEGING FAILURE TO
PROTECT FROM INMATE ON INMATE ASSAULTS FROM TERRE HAUTE. ADMINISTRATIVE
CLAIMS ARE ALSO BEING RECEIVED FROM MANCHESTER, MOSTLY RELATING TO
PROPERTY TRANSFER.
SIGNIFICANT ADMINISTRATIVE REMEDIES

NONE.
SITUATIONS OF INTEREST. CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES,
ETC.
NONE.

04/09/1993
DATE:
TO:

12:35:21

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

APRIL 7, 1993
WALLACE H. CHENEY
GENERAL COUNSEL

FROM:

BILL BURLINGTON, REGIONAL COUNSEL
MID-ATLANTIC REGIONAL OFFICE

SUBJ:

MONTHLY REPORT FOR MARCH 1993

SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT, ETC.)
NONE.
SETTLEMENTS:
STELLA YOUNG V. U.S.A., 91-264, EASTERN DISTRICT OF KENTUCKY (LEX)
PREVIOUSLY REPORT MEDICAL TORT CASE WAS SETTLED IN THE AMOUNT OF
$70,000. DECEDENT, A FORMER FMC, LEX INMATE SUED IN TORT AND UNDER
BIVENS FOR DAMAGES, ALLEGING BOP FAILURE TO PERFORM MANDATORY PHYSICAL
EXAMINATIONS CAUSED DELAY IN DIAGNOSIS OF ENDOMETRIAL OR UTERINE
04/09/1993

12:35:24

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

CANCER UNTIL DISEASE WAS TERMINAL. PLAINTIFF DIED SEVERAL MONTHS AFTEI
COMPASSIONATE RELEASE. SETTLEMENT WITH ESTATE IN THE AMOUNT OF $70,OOC
INCLUDED REIMBURSEMENT OF MEDICARE COSTS ($10,000) AND ATTORNEY'S FEES.
SUSAN MEADE V. U.S.A., EASTERN DISTRICT OF KENTUCKY, 92-352 (LEX)
IN THIS FTCA CASE WE REACHED A SETTLEMENT FOR $35,000. INMATE MEAD HAl
ALLEGED A PHYSICIANS ASSISTANT GAVE HER AN IMPROPER SOLUTION FOR HER
CONTACT LENS, AND WHEN HER PROBLEMS DEVELOPED, SHE WAS REFUSED MEDICAL
TREATMENT. MS. MEAD WILL REQUIRE A CORNEAL TRANSPLANT. DURING DISCOVI
WE REALIZED THAT WE COULD NOT DEFEND THE SUIT. AFTER CONSULTATION WIn
THE WARDEN, OFFICE OF GENERAL COUNSEL AND MEDICAL DIRECTOR, A DECISION
REACHED TO SETTLE THIS CASE.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:
WINSTON V. WHALEN, CA4 (EASTERN DISTRICT OF VIRGINIA) 91-6676 (PET)
IN AN UNPUBLISHED DECISION, THE FOURTH CIRCUIT COURT OF APPEALS REMANDI
THIS CASE TO THE DISTRICT COURT FOR PROCEEDING UNDER FTCA. FORMER FCI
PET INMATE SOUGHT $1650 FOR PROPERTY LOSS. AFTER REFUSING OFFER OF $2!
TO ADMINISTRATIVELY SETTLE CLAIM, HE SUED, NAMING THE WARDEN AND PROPEl
I

04/09/1993

12:35:28

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

OFFICER AS DEFENDANTS. PLAINTIFF APPEALED AFTER THE COURT DISMISSED HJ
ACTION ON GOVERNMENT'S MOTION TO SUBSTITUTE U.S. AS SOLE DEFENDANT, AN[
ON SUBSTITUTION, TO DISMISS DUE TO STATUTE OF LIMITATION BAR UNDER 240)
COURT OF APPEALS FOUND TORT ACTION VIABLE AS THE GOVERNMENT'S LIMITATIC
DEFENSE TURNS INITIALLY ON PROOF THAT THE ADMINISTRATIVE CLAIM WAS S~
BY CERTIFIED OR REGISTERED MAIL AS REQUIRED BY 2401(B). ON REMAND, AN
OFFER OF $165 WAS MADE TO PLAINTIFF WHICH HE HAS ACCEPTED.

UPDATE ON CASES, TR IALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS:
BRYANT V. MUTH (4TH CIRCUIT), 91-6672 (FCI, BUTNER)
ON MARCH 30, 1993 TH E FOURTH CIRCUIT HEARD ORAL ARGUMENT ON WHETHER
BUREAU EMPLOYEE BILL MUTH IS ENTITLED TO QUALIFIED IMMUNITY.
IN THIS
CASE, A MAGISTRATE RULED BILL MUTH MAY HAVE VIOLATED INMATE BRYANT'S
CONSTITUTIONAL RIGHT OF ACCESS TO THE COURT WHEN THEY REFUSED TO RETURN
LEGAL RESEARCH WHICH INMATE BRYANT HAD PLACED ON COMPUTER DISKETTES IN
VIOLATION OF BUREAU REGULATIONS. THE DIST~ICT COURT ACCEPTED THE MRR
DENYING QULIFIED IMMUNITY AND THIS APPEAL FOLLOWED.
WE HAVE ARGUED THAT
MUTH WAS FOLLOWING BUREAU REGULATIONS, AND AS SUCH, H~SHOULD BE GRANTED
QUALIFIED IMMUNITY FROM SUIT. THIS IS THE SAME MAGISTRATE WHO RULED
AGAINST US IN STOTTS V. MEESE.
'
04 / 09 / 1993

12:35:34

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

SOUTH CAROLINA DEPT. OF HEALTH & ENVIRONMENTAL CONTROL, NOTICE OF
VIOLATION---FCI, ESTILL
ON MARCH 24, 1993, THE STATE OF SOUTH CAROLINA CONDUCTED AN ENFORCEMENT
CONFERENCE IN COLUMBIA, SOUTH CAROLINA. THE HEARING AROSE FROM THE FAILURE OF CONTRACTORS BUILDING THE NEW FACILITY AT ESTILL TO SECURE CERTAIN
AIR QUALITY PERMITS AS REQUIRED BY THE CLEAN AIR ACT.
~IANNE SAUNDERS
FROM THE COMMERCIAL AND ENVIRONMENTAL LAW BRANCH IN CEN~RAL OFFICE
REPRESENTED THE BOP IN THE PROCEEDING. WE ARE CURRENT~Y AWAITING A
DECISION IN THE MATTER.
REPRESENTATION NOT RECOMMENDED FOR STAFF:

NONE.

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.
BILL BURLINGTON, REGIONAL COUNSEL WILL BE ON ANNUAL LEAVE APRIL 8 THROUGH
14. APRIL 19-23, HE WILL BE ATTENDING MANAGEMENT ASSESSMENT IN HERDON, VA
ANNUAL LEAVE IS ALSO SCHEDULED FOR APRIL 30.
DURING THE WEEK OF APRIL 12, MIKE PYBAS WILL BE IN SUNNY FLORIDA ON A
HOUSE HUNTING TRIP. FOR THOSE OF YOU WHO HAVE NOT HEARD, MIKE IS HEADING TO SANDY PASTURE EFFECTIVE MAY 16 (FDC, MIAMI).
04 / 09 / 1993

12:35:38

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

MARY WILBURN'S LAST DAY IN MARO IS APRIL 9.
SHE WILL BE MOVING TO HER
NEW ASSIGNMENT IN THE CENTRAL OFFICE EFFECTIVE APRIL 11.
MARO WILL BE CONDUCTING ANNUAL TRAINING DURING THE MONTH OF APRIL;
MARIAN CALLAHAN & MILT WILLIAMS ARE SCHEDULED FOR APRIL 12 & 13; MICHAEL
SULLIVAN & LORETTA BASSETTE APRIL 15 & 16; MICHAEL PYBAS APRIL 19 & 20;
KATHYRN MARSZALEK APRIL 22 & 23; AND KATHY HARRIS UPON HER RETURN FROM
NLTC, WILL BE ON AI L APRIL 12 AND ANNUAL TRAINING APRIL 19 & 23.
TERESA LENEAVE, PARALEGAL, TERRE HAUTE IS SCHEDULED FOR ANNUAL LEAVE
APRIL 26-30.
SIGNIFICANT FTCA CLAIMS:

NONE.

SIGNIFICANT ADMIN. REMEDIES:
NONE. HOWEVER, THERE HAS BEEN A MARKED
INCREASE IN APPEALS. DURING MARCH 208 APPEAL WERE SUBMITTED WITH 160
RECEIPTED. INCREASE DUE IN PART TO NEW INSTITUTION AT MAN.

04/12/1993

10:30:47

DATE:

================
UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

04/09/93

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(MARCH 1 - MARCH 31, 1993)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS: JAN
30
RCVD
CLOSED
26
433
PENDING
210
OVERDUE

FEB
7
18
422
198

APR

MAR

MAY

JUN

AUG

JUL

SEP

OCT

NOV

DEC

55
119
354
156

TORT CLAIM INVESTIGATION STATUS: AS OF 04/31/1993
BRN LOM LOF LOC LOS NEL PHX PLE SAF SOC SHE TRM TCN
04/12/1993

10:30:50

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

1

JAN
11
27
131
42

---------------21

FEB
36
16
151
43

o

0

MAR

APR

FEB

MAR

114

77

92

LITIGATION: JAN
565
OPEN
14
NEW
8
HC
3
FTCA
3
BIVENS
1
OTHER
TRANSFERS
CLOSED
24
04/12/1993

10:30:55

INS/SOLER:
NEW
PENDING

FEB
562
9
5

1
2
1
12

JUN

MAR

APR

APR

MAY

MAY

579
21
6
3
9
3
1
4

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

18
143

LITIGATION MATTERS:
SUPREME COURT

MAY

o

20

JUL

3

AUG

4

SEP

9

OCT

45
NOV

6

DEC

43
17
181
56

ADMIN. REM. : JAN
RCVD

o

o

162

JUN

JUN

JUL

JUL

AUG

AUG

SEP

SEP

OCT

OCT

NOV

NOV

DEC

DEC

DANNIE MARTIN, SAN FRANCISCO CHRONICLE V. RISON ET.AL.
ON MARCH 22, 1993, THE SUPREME COURT DENIED CERT. IN THE ABOVE CASE. ON
MARCH 29, 1993, ATTORNEY FOR MARTIN (WHO WAS A LAW SCHOOL CLASSMATE OF
ATTORNEY GENERAL JANET RENO) WROTE THE ATTORNEY GENERAL AND ASKED THAT
28 CFR SEC. 540.20(8), ACTING AS A REPORTER WITH A BYLINE AND RECEIVING
COMPENSATION FROM THE MEDIA, AND SEC. 540.14(0)(4), PROHIBITION AGAINST
OPERATING A BUSINESS, BE DELETED. WXR AND CENTRAL OFFICE PREPARING BOP
RESPONSE TO THE LETTER.
9TH CIRCUIT COURT OF APPEALS
JORDAN ET. AL. V. GARDNER ET. AL.
04/12/1993

10:30:59

CA9 NO.'S 90-35307; 90-35552.

EN BANC

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

OPINION FEBRUARY 25, 1993.
THE 5 FEDERAL INSTITUTIONS IN WXR CURRENTLY HOUSING FEMALE PRETRIALERS AND
SENTENCED OFFENDERS (FCI PLE, MDC LA, MCC SDC, FPC PHX AND FCI TCN) HAVE
SUSPENDED CROSS GENDER PAT SEARCHES TEMPORARILY UNTIL FURTHER NOTICE FROM
CENTRAL OFFICE AND WXR. WASHINGTON STATE MUST MAKE A DECISION TO PETITION
FOR CERT. NO LATER THAN APRIL 26, 1993.
FRALEY V. BUREAU OF PRISONS, ET AL. CA9 NO. 93-35066
(CV 92-348 CI EWA) FRALEY SUED IN DISTRICT COURT TO RECEIVE "PRIOR
CUSTODY CREDIT" FOR TIME SPENT IN HOME DETENTION AND ON ELECTRONIC MONITOR
ING. BRIEFING SCH: OPEN 3/29/93. APPELLANT PRO SE FILED MOTION TO SUBMIT
ON DISTRICT COURT RECORD.
BEGAY V. KNOWLES, CA9 NO. 92-16389 NOT FOR PUBLICATION PER 9TH CIRCUIT RUL
E 36-3. 9TH CIRCUIT CASE INTERPRETING BROWN V. RISON AND MILLS V. TAYLOR.
COURT STATES BOP INTERPRETATION OF 18 USC SEC. 3583 "OFFICIAL DETENTION"
IS INCORRECT AND UNREASONABLE. THE COURT CONTINUES ITS POLICY OF FAILING
TO DEFER TO AGENCY INTERPRETATION OF ITS REGULATIONS AND CONTINUES TO
IGNORE U.S. V. WILSON AND ALL OTHER CIRCUITS THAT SUPPORT BOP'S POSITION.
THIS DECISION REVERSES A DISTRICT OF ARIZONA RULING THAT WAS FAVORABLE TO
BOP'S POSITION.
04/12/1993

10:31:03

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

MILLS V. TAYLOR, CA9 NO. 91-55362
4/9/93
CONFERENCE CALL BETWEEN CENTRAL OFFICE LCI BRANCH, CENTRAL OFFICE ISM, WXR
LEGAL, AND WXR ISM ABOUT OPS MEMO FOR ISMS REGARDING APPLICATION OF 9TH
CIR. LAW AWARDING HALFWAY HOUSE TIME ON PRETRIAL RELEASE AS "PRIOR CUSTODY
C-EDIT". AS WAS STATED LAST MONTH AND IS NOTED IN OUR "MATTERS OF INTEREST" SECTION WE SEE OUR NEXT USDC AND 9TH CIR. BATTLE OVER APPLICATION OF
BROWN AND MILLS TO INMATES SENTENCED IN OTHER CIRCUITS, BUT NOW HOUSED IN
THE 9TH CIR./WESTERN REGION OF BOP AND CREDIT FOR TIME SPENT IN CCC AS A
CONDITION OF SUPERVISED RELEASE. AGAIN, ANYONE GETTING CASES IN YOUR
REGION SEEKING APPLICATION FOR SUCH CREDIT PLEASE NOTIFY WRO LEGAL AND
COpy US WITH ANY PLEADINGS FILED.
U.S. DISTRICT COURTS:
BONNACI V. MATTHEWS, CV 92-1740 VJW N.D.CAL. (SAN FRANCISCO) INMATE WHO
HAD BEEN RELEASED TO CCC AS A CONDITION OF BOND RELEASE WAS SENTENCED
UNDER GUIDELINES IN THE 10TH CIRCUIT (UTAH) JUNE 1991. INMATE DESIGNATED
TO FCI SHERIDAN. INMATE ASKED FOR JTC PER BROWN V. RISON. INSTITUTION

DENIED HIM CREDIT BASED ON BOP POLICY. INMATE FILED HABEAS CORPUS ADTION
IN OREGON. HABEAS CORPUS RELIEF GRANTED BY USDC IN OREGON OVER OUR OBJECTIONS. U.S. ATTORNEYS OFFICE DECLINED TO APPEAL. INMATES SENTENCE RECALCOMPLIANCE WITH COURT'S ORDER. INMATE SENT TO CCC IN UTAH FOR RELEASE
12/1993

10:31:07

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

CULATED IN COMPLIANCE WITH COURT'S ORDER. INMATE SENT TO CCC IN UTAH FOR
RELEASE INTO COMMUNITY. CCM RECOMPUTED SENTENCE IN LIGHT OF BOP POLICY
AND REMOVED THE JTC FROM SENTENCE. INMATE FILED BP-10 WITH WESTERN REGION.
REQUEST DENIED BY REGION BASED ON POLICY AND 10TH CIRCUIT CASE U.S. V.
WOODS.
INMATE ATTEMPTED TO FILE A CIVIL RIGHTS ACTION IN USDC IN SAN
FRANCISCO BASED ON DENIAL OF BP-10. CIVIL RIGHTS COMPLAINT DISMISSED BUT
USDC ALLOWED THE INMATE LEAVE TO AMEND THE COMPLAINT AND REFERRED THE
MATTER TO MAGISTRATE FOR A RECOMMENDATION TO DETERMINE IF BIVENS SUIT
COULD BE FILED. BOP AND U.S. ATTORNEY NEVER SERVED WITH AMENDED COMPLAINT. MAGISTRATE RECOMMENDS CASE BE REPOSTURED AS BIVENS ACTION AGAINST
REGIONAL DIRECTOR IN THAT 9TH CIRCUIT HAD DETERMINED BOP POLICY AND CASE
LAW FROM OTHER CIRCUITS WAS INCORRECT. WE ARE FILING OBJECTIONS TO
MAGISTRATES REPORT AND RECOMMENDATION BASED ON FAILURE TO SERVE AND LACK
OF OPPORTUNITY TO RESPOND TO AMENDED COMPLAINT.
u.S. V. VILLABONA-ALVARADO, CR 88-972(A)-WJR C.D. CAL (LA). INMATE WAS
ONE OF 13 DEFENDANTS CONVICTED OF DRUG CRIMES AND SENTENCED TO LIFE WITH
NO PAROLE. AT THE TIME OF SENTENCING INMATE'S COUNSEL ASKED THE COURT TO
RECOMMEND HE BE KEPT IN CALIFORNIA TO ASSIST COUNSEL IN PREPARATION FOR
APPEAL. THE COURT MADE SUCH A RECOMMENDATION PURSUANT TO FR APP PRO 38
(B) AND 28 CPR SEC. 527.20. WXR DESIGNATED THIS INMATE TO USP MARION DUE
TO CRIME SEVERITY, SENTENCE LENGTH, RESOURCES IN THE COMMUNITY (INMATE HAS
12/1993

10:31:11

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

NET WORTH OF $23 MILLION), AND ENHANCED SECURITY NEEDS. INMATES COUNSEL
HAS FILED A MOTION FOR TRANSFER BACK TO CALIFORNIA. THE DISTRICT COURT
FEELS IT STILL HAS JURISDICTION IN THE MATTER DUE TO THE RECOMMENDATION AT
TIME OF SENTENCING. JANELLE BROCK HANDLING WITH ASSISTANCE FROM LEGAL
STAFF AT USP MARION.
TRIALS:
U.S. V. DELONEY, CR 92-164 RGS D.AZ.
TRIAL: APRIL 27, 1993.
PROSECUTION OF FORMER FOOD SERVICE SECRETARY FOR BRINGING DRUGS INTO FCI
PHOENIX FOR INMATES. MOTIONS ARGUED IN MARCH RESULTED IN A RULING THAT
TELEPHONE CALLS BETWEEN DEFENSE INVESTIGATOR AND INMATE WHO WAS SOLICITED
MONITORING. INVESTIGATOR WAS "COACHING" INMATE FOR PERJURY (IS NOW FACING
CHARGES), INMATE WAS IN ADMIN. DETENTION. JANE H. COVERING.
FANT V. BOP, C.D. CAL. (LOS ANGELES)
TRIAL MARCH 9-11, 1993.
INMATE BROUGHT FTCA CLAIM FOR MEDICAL MALPRACTICE CLAIMING OVER $250,000
IN DAMAGES. THREE DAY TRIAL TO THE COURT CONCLUDED 3/11/93. POST TRIAL
POST TRIAL BRIEFS TO BE SUBMITTED BY END OF MONTH. JOHN NORDIN, AUSA AND
DEE ALFORD HANDLING.
U.S. V. DIANA NEVELL, CR 92-653 D.AZ. (TUC).
2/1993

10:31:15

WIFE OF INMATE CHARGED WITH

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

BRINGING HEROIN IN THROUGH VISITING ROOM. HENTHORN REQUESTS UPDATED/COMPLETED 4/8/93. TRIAL STARTS 4/13/93. PARALEGAL TOM BYRON WILL ATTEND
TRIAL.

..

•

•

-

.II.
,

.

SETTLEMENTS:
NONE THIS MONTH
BUT SEVERAL ARE PENDING IN CASES REPORTED IN PREVIOUS REPORTS. GARCIA V.
U.S., D. AZ.,
FTCA BY MOTHER FOR DEATH OF INMATE SON. STEWART V.
QUINLAN, D. AZ., EEOC CLAIM BY FORMER CORRECTIONAL OFFICER. APPROX.
$76,500.
ALEXANDER V. PERRILL, D. AZ., BIVENS AGAINST WARDEN & ISM. USAO SEEKING
AUTHORIZATION FOR SETTLEMENT FROM DOJ. APPROX. $30,000.
MATTERS OF INTEREST/CONCERN:
SEE BONNACI ABOVE. THIS COULD BE THE FIRST IN A LONG LINE OF POTENTIAL
BIVENS ACTIONS AGAINST BOP STAFF BASED ON THE 9TH CIRCUIT CASES BROWN V.
RISON AND MILLS V. TAYLOR·INTERPRETING BOP PROGRAM STATEMENT DEFINITIONS
OF "CUSTODY", "JAIL TIME CREDIT", AND "DETENTION" IN 18 USC SECTIONS 3568
AND 3585.
ETHICS TRAINING:
04/12/1993

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

10:31:22

COMPLETED:
TIM ROBERTS: FCI PHX 3/22-23; SEATTLE CCM 4/1 (GEIGER CAMP).
JENIFER GRUNDY:

USP LOMPOC AND FCI LOMPOC 4/5 -4/12;
FCI DUBLIN 4/26-27

PERSONNEL MATTERS:
WRO
DOUG CURLESS VALERIE STEWART JENIFER GRUNDY MATT CARNEY JANELLE BROCK JANET AUGUSTINE GLORIA POUPAR
JUANITA JIGGETS LIDA PAETZKE

RC/AGC MEETING DULLES MARRIOTT SUITES 4/19-4/23
TELEVIDEO TRAINER CRIM PRO FOR NLTC 4/23 2:00 EDT
MEETING W/USMS, USDC CLERKS, ISM, MDC LA 4/9
ENVIRONMENTAL LAW COURSE, SAN FRANCISCO 4/13-15.
TDY AT LOM 4/13-16
AT USP LOMPOC 4/19
FLETC 4/19-5/7
NLTC TRAINING (AURORA) 3/22-4/9

INSTITUTION STAFF:
04/12/1993

10:31:26

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

BRN/PAM RILEY-MORGAN:

ANNUAL LEAVE 4/1-12. TEMPORARY CUSTODY ASSIGNMENT
3/29-4/1 AND 4/12/23.

TCN/TOM BYRON

DUE TO STAFFING SHORTAGES TOM IS WORKING CUSTODY 2
DAYS A WEEK.

MDC LOS/ED ROSS

ED CONTINUES AS ACTING DEPUTY HSA