JUN-0S-199S

1'3: l10

~P.OM

TO

BOP MARC

.

. 9-20230?2995

; UN.,TfD

STATt-:~

P.~

uUVERNMF.Nl·

DlemOrandum
(\ATE:

Mid·i\rlaJlli~ Rc:~iollal Of!1ce •.A.nn3{)oJis Juncllon. M0 20iO I

Jun.a e , l 995

~l'~uyton.

Reglonal t.:ounsel
Mid-Atlantic Region
)UIU~":

~:
4TTN.

May 1995 MUl!Lhl y Report
wallace H. Chp.nAY. Gp.neral Counsel
Nancy Reddir19, Executive A.ssistal'lt

MAY .JlJN

92
11:i

137
94

JAN

FEB

Received
AII::.iW~r~U

106
'lOS

8!)

TORT CLAIMS

.JAN

FEB

MAK AI-'R

11 t'endlng

1'; 1
72

178

200

201

73

64

52

60

64

SO

53

178

47
200

'01

4-

1

1 ~1
2

44
207

JAN

FEB

/I Received
# Answered
II Pending
II Over Six Month

~

MAR APR

ADMINISTRATIVE REM EDIES

FOI/PRIVACY

91

3

8"1

80

MAR APR

MAY JUN

MAY JUN

60

72

5~

53

51

4"1

51
66

32

19

1"1..

53

71

104

34

2S

32

70

LlTIOATION

JAN

FEB

IVIAH

APR MAY JUN

Cases Pending
New Cases, RCI,;~i"t=u
Habeas Corpus
Bivens
FTCA

293

291
12
3

282
13

264

266

4

a

~

:4!1
5
I;

:2

1
0

4
1

13
2
S
3

:l~

:l6
204

OfhAr
Ci:lS~~

Closed

Cases P~nding
lit Hepons Completed
Co~e$/Hearin9 VI TI h:ll~

Settlement~i A ward,

$ SeUlements/AwardS
{$ in Thou:usnd~}

1

,

'12
291

202

14

16

3
0
SO

1

555

cv

3
7
14

12

NOV DEC

JUL

AUC;

SFP

OCT

NOV

oec

JUL

AU(i

SEP

OCT NOV

DEC

JUI

AUG

SEP

OCT

NOV DEC

2

20~

258

15

0

0
0

11
'I
0

n

0

Sl~5

OCT

71
50.

15

,

SEP

4

o~

8

AUG

, 91

30
40
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36

/I Pending
Received
# An~w'?rp.:d
9/ Pending
;: O",cr 20 Doy~

II

JUL

... .... ..- .......
_

__.._-

oP1l0NAll=CRM 99 ~i'901

~
'- ..

GeNERAl SEA\lx:es AOMlWSTRATION

3024

· JUN-08-199S

13:40

TO

FROM BOP MARO

Page 2

MXR Monthly Report

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.
Bill Burlington, Regional Counsel, will tra~el to the Regional
Office June 5-8, 1995, to attend 6th Circuit argument in Reed
v. Reno, and visit Cumberland and Morgantown.
June 27-29,
1995, I will attend a deposition at FCI Sch~ylkill and State
Correctional Facility, Dallas, PA in the case of Van tvagoner

v. Sally Johnson. et al.
Wanda Hunt, Deputy Regional Counsel, will be at FCr Ashland on
a staff assist visit June 13-15. She will pe providing
training on June 16 to the West Virginia Public Defenders.
Also in the audience will be Federal Judges~ their law clerks,

and attorneys from other states.
On June 1~ Wanda will be a
guest speaker at a training session fer the:U. S. Attorney's
Office in the Eastern District of Vir9inia~
Marian Callahan, Asgistant Regional Counsel, provided Ethics
Training during annual training for Mid-Atl~ntic Regional
Office staff on May 31 and June 1.
She will be On annual
leave June 23-July 3, 1995.

r
"

.....

Randy Everett, Legal Tech, USP Terre Haute, .will be on annual
leave June 10-17, 1595.
Tom Read, Attorney, Fer Memphis will be en annual leave
June 12-16, 1995.
SITUATION OF INTEREST, CONTACT WITH FEDERAL.BENCH, HAZARDOUS
WASTE SITES, ETC.:

Prisoner Litigation Seminar
I personally thought the recent Prisoner Litigation Seminar in
Tucson was excellent.
I felt this seminar had more Bureau of
Prisons involvement in the instruction, and consequencly, was
much more focused on the t,,-pes of issues chat arise in our
litigation.
My con9ratulatlo~s to all th: Bureau people who
he!ped plan this seminar!
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT,

ETC.):

None

SETTLEMENTS:

None

ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:
Woods v. Bogan,

92-CV-770771 E.D. Mich.,

FCl Milan

On May 18, 1995, Judge Gerald Rosen ruled against the Bureau
in a petition for habeas corpus which raised sentence
computation issues. An inrnate who ~as borrowed on writ frorr.
state custody, and given a federal sentence,: scught credit on

his federal sentence for the

tlRfe?

he was in :state custody.

'JUN-08-1995

13:41

FROM

BOr'

I'lHI<U

Page 3

MXR Monthly Report

The inmate argued that because the state judge ordered the
state sentence to run concurrent with the federal sentence.
our sentence began the date it \·Ias imposed. ' \1e arQuec tr:at.
the state court had no authority to begin the fede~al sentence
and t he i~mate was only "bo rrowed" from state custody on ~he
writ.
We alse argued the inmate had net arrived in iederDl
custody and as a result the federal sentence did ~ot beein
until ;fter the expiration cf the state sentence . We a~e
considering a Motion for Reconsideration and / or an appeal .
Henthorn v. Hester, ;..pp . 94 - 5090, 6th Circuit, Fcr t-lemphis
The Sixth Circuit affirmed the District Cou~t's ' decision to
grant summary judgment fer the defendant, This "as a Bivens
action alleging a homosexual assault by staff.
UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR
REPORTS:

Reed v. Reno, 94-5717, ' 6th Cir . , FMC Lexington
,
On June 6th, the 6th Circuit will hear oral argument in this
age discrimination case.
We refused to hire plaintiff at FMC
Lexington because she was over the' age of 37 . She contested
our decision saying that the 198a imendment to FERS, Title 5
U.S . C. Section a40!(17 ) , required the head of the agency t o
review each position t o see if the du~ies were such that
employment should be restricted to the "yeung and physically
viaorous . " When this case was at the distrj.cc court level. we
we~e told that the agency had not conducted any formal review
of Dositions after th.e 1988 amendment. Later, after the
district court ruled in our favor and an appeal ~as taken by
plaintiff, we were informed that in fact the Bureau and
Department had conducted the individual rev ie~1 of positions
that was required by thE 1 988 amendment,
We have submitted this newly discovered information to the 6th
Circuit, and have suggested that they rema n d the case to the
t these critical new facts can be
district court
considered.

Williams v. USA,

94-209, E . D . Ky., Fer Ashland

A pre-trial hearing was held befere Judge Wilhoit on May 26,
1995, to discuss the government's pending motion to
dismiss/motion for summary j udgment . The gqvernment moved :he
court to dismiss the complaint on the basis that plaintiff'S
counsel had not cooperated in discovery by ini tiating any
c:ii scovery, i. e .. identi fying expert ",i tness , etc.
Overal l
Judge Wilhoit seemed rec eptive to the government's
3026

argumen~

• JUN-08-1995

13: 42

FROM

TO

BOP MARO

9-2023072995

P.04

Page 4
MXR Monthly Report

and stated that he would take the matter ur~der considerat ion
and make a written opinion as expeditiously as possible.
Booth v. Brandenburg, TH S3-30-C, S.D. Ind<, USP Terre Haute

is scheduled for June la, 19~5, in this Bivens case.
Plaintiff alleges that the officer used e~cessive force while
escorting the inmate from the shower while in SHU.
We were
successful in getting all the defendants dismissed except one.
Trial

Garland v. Kindt.

IP 90-422-C, S.D. Ind., USP Terre Haute

This Bivens trial is scheduled for June 29, 1995.
The
plaintiff claims he notified the Warden he ~equired protected
and the Warden failed to take any action.
?ubsequently he was
assaulted. The inmate was assaulted by Camp Hill inmates
housed at USP Terre Haute; however, staff had no prior
notification.
Wilson v. Bristol, et al., 93-3003 BRO,

W.D~

Tenn., PCl

Memphis

o

Trial is scheduled for June 12, 1995, in this Bivens action
alleging improper medical care.
Viers v. U.S., 93-CV-73S42, E.D.

Mich.~

Fe! Milan

The final pre-trial hearing is scheduled for June 13, 1995.
This is a FTCA case where the government discounted the
plaintiff's mental anguish claim and offered the plaintiff
$7.42 for loss of his mirror and stamps.
T~e inmate has been
released and is no longer in the E.D. of Michigan.
REPRESENTATION NOT RECOMMENDED FOR STAFF:

None

SIGNIFICANT FTCA CLAIMS:

T-BOP-9S-S1 Porter, Lydia, Reg. No. 59179-079
We face a serious liability issue concerning dental surgery at
FMC Lexington.
Delay in treatment resulting in an infection
may indicate settlement at the administrative stage. The
claim will be submitted to AFIP.
Claimant is represented by
counsel and seeks $250,000.

SIGNIFICANT ADMIN!STRATIVE REMEDIES:

None.

NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES:

Flick v.

~ecnard,

94-CV-726S1; E.D. Mich.,

FCr Milan

We have been informed that inmate Flick has filed an appeal in
this case. As you will reca~:
the dis~rict court ruled that
our requirement chat inmates ~~te their participation in

• JUN-08-199S

13:43

TO

FROM BOP MRRO

9-2023072995

P.05

Page S

MXR Monthly Report

common fare is for religious reasons, and our decision to
temporarily remove Flick from common fars f;or eating off main
line, did not violate RFRA.

()

()
3028

B

New 'Litigation Cases by Institution and Type
Received During the Month of May 1995

1.

~

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BUT

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LEX

MAN

MRG

MIL

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0

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0

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. .0.

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ot-

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0

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1

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1

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1

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New Litigation Cases by Institution and Type
Received Calendar Year to Date·
-

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MRG

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6

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/)Pj~
VNITED STATES GO\.·ERN~'iENr

memorandum
July 5, 1995

Mid-Atlantic Regional

...Tn: .~F·

J'I'Tr1.J..
Bill Eurlington, ~e9ional Counsel
Mid-Atlantic Region

:'L'BmCi:

June 1995 :r-Ionthly Report

?Dl.Y to:

M:
ATTI":

Otli~c. A~~apo1is Junction, ~ID

20101

Wallace H. Cheney, General Counsel
Nancy Redding I

Executive Assistant

AOMINISTRA TIVE REMEDIES

JAN

FEB

Received
AnsvJereo

106
~O6

JAN

TORT CLAIMS

MAR APR

MAY

JUN

91

92

85

112

84
80

137
94

131
127

FEB

MAR

APR

MAY JUN

# Per.dins

.161

i73

200

201

i91

72
54
178

i3
47

207

# Received

64
59

60
44

ZOO

96

201

52
53
191

207

180

4

1

2

4

0

JAN

FEB

~swerec

.ding
.. _ 'o'er Six Month

FOllPRIVACY

3

MAR APR

53

50

72

53

36

53

51

·51

40

44

32

60

36

72
34

66
53
28

LITIGATION

JAN

FEB

MAR APR

Cases Penoi:'\9
New Cases Recej\ieC
Habeas Corpl.S

293

291
i2
3

282

S

4

0
v

1# Pending
II Received
#I Answered
II Pending
# Over 30 Days

Bivens

FiCA
Otlie:

2

0

Case~

C':sej
Cases Pencin;
Lit Re;)orts Completed
CasesiHear~n9 or Trials

12
291

23

~"nentS:AwardS

0
SO

ements/Awards
., ..... n Thousands)

74
3

282
15

1

$55

i1

104

71

50
19
104

43
35
115

32

70

82

MAY JUN

264
21

5
3

6

':'

4

3

3

1
28

7

2

14

,2

264

265

258
11

5

15
0
1

$155

CFTIC"-AL IOOR ..,

15
0
0
0

255
~3

2.,.

,

0
0

AUG SEP

OCT

NOV

JUL

AUG SEP

OCT

NOV DEC

JUl

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

OEC

258
16
8

i
0
,7
266
14
4

2

$0.3

~. :~.sc:

I

FAX TRANSMITTAL
-: 1'\

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-:-.

,3018

~: g,ra e ':l
~/t1i,"""i
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MAY JUN

13

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?aga 2

r,,'1XR Montnl ...

Re~or:

ITEMS OF INTEREST, PERSONAL LEAVE, BOSINESS TRIPS, HOVES, ETC.

Bill

Burling~o~,

Regional Counse:,

~ill

be on annual leave

July 11-21, 1995.

Handa Ht::-.~, ::::'€pu~y Regional Counsel, ~ill be presenting liThe
Effect c: ~he Violen~ Cr!me Co~~=ol and Law Enforcement Act of
1994 on Corrections," at NABCJ ::.:ly 12, 1995.
Kathy Har~is, Paralegal Special:st,
July '10-14, 1995.

~ill

be on annual leave

Rick Shott, Attorney, USP Terre Eaute, will be on annual leave
July 3-7, 1995.

Bob Blackburn, Legal Tech, USP :a=re r.aute, will be on annual
leave July 17-21, 1995.
We welcone Paul Layer back ~o ~r.e Region as the attorney at
Cumberland, and also providing legal services to Morgantown.
SITUATION OF INTEREST, CONTACT W!TH FEDERAL BENCH, HAZARDOUS

WASTE SITES, ETC.:
FeI Memphis - We recently receiv€d an inquiry from a county
attorney reqa~ding whether the original deed to the property
required that we continually use the propert.y for a "youth
institution." The attorney is s:.:ggesting t:"lat because we
"failed :c cpe~ate Mernp~is as a ycu~h !~stic~tion, the county
is now able to exercise a right ~= reentry onto our property,
as a reversionary interest was retained by ~he grantor
(county) when we were deeded ths prop~rty.
Tom Read and I
have talked with George Younger and Marianne Cantwell and we
feel that by opening a YCA unit at Memphis, ~e complied with
the deed provision. We are researching the =i1e to see if we
ever gave the county notice that !.Ioe ;'Tculd operate Memphis as
an Fcr with a YCA Unit. Even if we didnlt give such notice,
we feel laches may bar any attern?~ by the county to interfere
with our present use of the lane.

FCI Manchester - Warden Mark Lu~~=ell has expressed concern to
me about being able to fill Mary Suter's posi~ion.
I share
that concern, and would like to explore options for
Man=hester. I know no~ that we have a Biver.'s jury trial
scheduled for this fall (Dunlap), plus Manchester has the
potential for generating a ~ot of legal work.
FCI Lexinqton - On Friday, July 7, our facilities people
(including Ka~e Sutter) will mee~ ~ith EPA ~epresentatives
regarding a hazardous waste site (due to old UNICOR
act:vities) a~ n·fC Lexir.gton, en ~hich ~e have had a
~ecs~ia~ion p~an fo= seme time.
~e are co~cerned tha~ EPA
~.;il: der.e::mir.e t:":at ~CR.; guideli:-.Es s:-lculd apply, =-ather than
~
):"'-"cc""ld
'- ~:\,\...,!..~ •
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;'.0.,._... = -.:
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,-.,.----",

-,;

.....................

...:.-""-,..

-?"'\ ...... "\ • •

._-Page 3
MXR Mon!h!y Report

which could subject the Bureau to fines and penalties. We are
hopinq E?A will con~inue to monitor our remediation efforts
under CERCLA, which does not contain penalty provisions.

M.

USP Terre Haute - An Iowa state boarder, James
Taylor, Reg.
No. 05962-045, recently filed a habeas peti~ion against the
Warden at Terre Haute alleging denial of access to courts
because he does not have access to Iowa state materials.
Although the pe~ition was dismissed without prejudice for
failure to exhaust his administrative remedies, Judge McKinney
stated the follo;·;ing:
"This (respondent's] response takes a
very dogmatic position that state officials are responsible
for providing s~ate legal assistance to inma~es such as Mr.
Taylor.
Counsel for ~he respondent, should remind his client
that Bounds v. Smith contains no such exception and that if
the BOP !ails to supply or make arrangements 'that are
meaningful for legal materials and assistance to be supplied
to inmates in its custody, it treads very thinly on what has
been properly described as the most important of all federal
rights. ft ~varden Cla::k is ini tiating the papert,.:ork to
recommend returning Taylor to the state.
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT,
ETC.):
None
SETTLEMENTS:

Mears v. USA, 95-CV-70457-DT, E.D., Mich., FCl Milan
This FTCA case was settled for $121.55.
Plaintiff alleged
that personal property was confisca~ed during a search of his
cell wi~hout the proper forms being completed.
Plaintiff
denied the offered settlement of $30.37 of his administrative
claim.
The AUSA handlina the case felt tha~ settlement in
this case was appropriat~ since confiscation forms were not
used during the search in questionj it appears from Form 40's
that plaintiff had at one time possessed the property claimed;

and that

~he

se~tlement

should be based on replacement cost

not the depreciated value of the property.
The plaintiff has
a rather large court ordered restitution which he is not
makinq much progress toward paying.
The AUSA is attempting to
se~k approval to apply this settlement toward the restitution.
Abecassis v. USA, 94-214, E.D. Ky., Fer Ashland
This FTCA claim seeking $555 was settled for $200.
The basis
for settlement was the government's inability to produce
documents to support the its posi~ion.
Consequently, it
appeared the gove=nment was, in fact, negligent in handling

the inmate's property.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS: !1one
3018 .

·- -Pase 4
~.,,\ XP. Mor. thl'i ?c;,crt

UPDATE ON
REPORTS:

CASES, TRIALS OR HEARINGS, ETC.

NOTED

IN PRIOR

Reec v. Reno, 94-5717, 6th eir., FMC Lexington
On June 6th, the Sixth Circuit heard oral argument in this age
discrimination case. Based oh our providing the court with
new information immediately before the Sixth Circuit argument
I expect the court to remand this case to the District Court '
and to require the government to pay attorne s fees for
laintiff's counsel.

Eooth v.

Branden=u~g,

eges _

TH 93-30-C, S.D. Ind., USP Terre Haute
~~~~~l~;~m~!s,

in this Eivens case.

used excessive force while
shower while in SHU.
The
~cer

escorting the in~a~e from ~he
verdict was for the defendant with significant costs imposed
against ~he plai"tiff.

Garland.v. Rindt, IP 90-422-C, S.D. Ind., USP Terre Haute
~~~(Qftt-r...ia~'"i?-.-wa6iJ.!!h~W~'Ult~~t6~-'2~i·":··'·l:-g9S,

in this Bivens case.
Plaintiff, a federal prisoners, was assaulted by other inmates
while incarcerated at USP Terre Haute in February 1590.
specifically, plaintiff alleged that he requested protective
custody directly from the Warden prior to the a~tack but was
denied.
Plaintiff alleged that he had both personally
confronted and sent warning letters to the Warden prior to the
assault. Through trial defendant ~as able to establish that
plaintiff's allegations of forewarning, and supporting
documentary evidence, were aftar-the-fact fabrications.
Followinq judgment for defendant, plaintiff was assessed costs
to be determined. Trial in this case followed five years of
delay as a result cf plaintiff repeatedly "firinq" several
consecutive oro bo~o court appointed counsel.
Plaintiff's
case was attacked with the assistance of an FBI doc~ments
examiner.
Post-trial jury discussions reflected astonishment
that plaintiff's case warranted trial.

Viers v. U.S., SJ-CV-73542, E.D. Mich., FeI Milan
The final pre-erial hearing was held on June 13, 1995. This
is a FTCA case where the government discounted the ~laintiff's
mental anguish claim and offered the plaintiff S7.42 for loss
of his mirror and stamps. The inmate has been released. and is
no longer in the E.D. of Michigan and failed to appear at the
hearing- The judge has issued a sho~ cause order fer ~he
plaintiff to appear a~d s~ate why he failed ~o apPear a~ ~he
3019

- ------, ,---?age 5
r. .iXR j\J1cn~hlv Reocn

~une

13 pre-trial hearing or the case will be dismissed for

failu~e

~ickicki

to prosecute.

v.

~adden

et al., 5:9S-CT-473-H, E.D.N.C., Fe! Butner

This eivens ac~ion alleges that while at FCl Butner plaintiff
contracted TB when an inmate with TB was placed in the general
population.
While there ~as an inmate with infectious TB at
Butner during the time period in question, the plaintiff
simply had a positive skin test and does not have TB.

Wilson v. B!:"istol, et al., 93-3003 BRO,
l-temphis'

~".D.

Tenn.,

FeI

Trial ~as scheduled for June 12, 1995, 1n this Bivens action
allsging improper medical care. However, prior to the trial
~he Judge finally g~anted the defendants' motion for summary
judgment.
REPRESENTATION NOT RECOMMENDED FOR STAFF:
SIGNIFICANT FTCA CLAIMS:

None

None

SIGNIFICANT ADMINISTRATIVE REMEDIES:

None.

NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES:
Flick v. Leonard, 94-CV-71691, E.D. Mich., FCl Milan
We have been informed that inmate Flick has filed an appeal in
this case. As you will recall, ~he district court ruled ~hat
our require~ent that inmates s~ate their participation in

common fare is for religious reasons, and our decision to
temporari1:r- remove Flick fr.:nn common fare for eating off main
line, did not violate RFRA.
Sterl.ina v. Keohane, 93-101-C-T/H, S.D. Ind., USP Terre Haute

In a second amended complaint, plaintiff ~aises an issue under
RFRA.
Plai~tiff alleges that defendant's denied him an
adequate religious diet. ?laintiff is a Seven Day Adventis~
and as such avers that he must not eat unclean meat or dairy
Sta:f have dis=ussed this wit~ advisors from ~he
Seven Day Adven~ist religion and have been told that as part
of ~he~r fai~~ they are to not eat unclean meat.
However, the
decisic~ ~o avoid dairy prcduc~s is lett as a personal choice.
produc~s.

3020

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CffttJ..-,

UNITED STATES GOVERNMENT

memorandum

August 4,

AITl"IOf:

~~lingtonl
Regional
Mid-Atlantic Region

5l:t1ECT,

July 1995 Monthly Report

llEPLY TO

TO;

ATTN:

~{id·Atl3Dtic Regional Office, Annapolis Junction, MD 20701

1995

Counsel

Wallace H. Cheney, General Counsel
Nancy Redding, Executive Assistant

ADMINISTRATIVE REMEDIeS

JAN

FEB

MAR APR

MAY JUN

JUl

Received
Answered

106
106

91
85

92
112

137
94

127

125
119

TORT CLAIMS

JAN

FEB

MAR APR

MAY JUN

JUL

/I Pending
" Received
II Answered

, 61

178

44

207
76
96

178

47
200

201
52
53
191

180

73

200
64
59
201

191

72

207

1aO

4

1

3

2

4

0

FOIIPRIVACY

JAN

FEB

# Pending
:I Received
# Answered
# Pending
# Over 30 Days

63
36
40
60
36

LITIGATION

Cases Pending
New Cases Received
Habeas Corpus
Bivens
FTCA
Other
Cases Closed
Cases Pending
Lit Reports Completed
Cases/Hearing or Trials
SenlementslAwards

~ding
.•

. er Six Month

54 .

84

80

i31

60

AUG

SEP

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NOV

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AUG

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OCT

NOV DEC

AUG

SEP

OCT NOV DEC

DEC

55
32
192
7

' ......

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MAR APR

MAY JUN

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115
24
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131

60

72

53

71

104

53
44

51

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43

66

32

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19

35

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53

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70

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82

111

JAN

FEB

MAR APR

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12

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Page 2
MXR Monthly Report

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.

Bill Burlington, Regional Counsel, will be on travel to the
Regional Office August 1-2, and to Annapolis for the National
Legal Seminar August 10-13, 1995.
Kathy Harris, Paralegal Specialist, will be on annual leave
August 21-25, 1995.

Bob Blackburn, Legal Tech, USP Terre Haute, will be on annual
leave August 7 -11, 1995.
Welcome to Kathy Smallwood who was selected as Paralegal
Specialist at FeI Memphis.
SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS
WASTE SITES, ETC.:
FMC~exinqtcn

- criminal Cases

Inmate Roger Foster, Reg. No. 02525-088, was convicted of
possession of marijuana. Sentencing is scheduled for October.
During the first day of trial Judge Wilhoit gave a verbal
order that the Assistant ISM bring a long sleeve shirt to the
defendant within 15 minutes in a aovernment car with the
lights flashing.
This resulted from the defendant complaining
to the Judge that he had had a disagreement regarding covering
of his tatoos while leaving the institution : that day.
Inmate Juan Mason is scheduled to go to trial this week for
possession of a shank in the institution.
FMC Lexington - On Friday, July 7, our facilities people
(including Kate Sutter) met with EPA representatives regarding
a hazardous wa ste site (due to old UNICOR activities) at FMC
Lexington, on Which we have had a remediation plan for some
time.
Apparently, EPA seemed favorably impressed with our
efforts and did not indicate informally, that they intended to
Notice of Violation. We are still aw '
their

' (7
. V)tY"

Marianne
other matters.
FCI Memphis - We have discovered documents in the archives
that indicate we did initially operate FeI Memphis as an
institution for yo uthful

attorney

~or

offende~s .

As you

~ay

recall,

an

Shelby county has suggested that we failed to
2990

~UG-04-1 '395

14: 3~

Page 3
MXR MonthlY

t-KU\'\

':'1..11-

III""II,U

Report

comply with a condition in the deed granting the property to
the Federal government, to construct an institution for
youthful offenders. The county was suggesting our failure to
comply with this provision resulted in the property revertinq
to the county in fee simple. Marianne Cantwell is preparing a
letter to be sent to the attorney indicating we believe these
documents prove we complied with the condition in the deed.
FeI Memphis - criminal Case - Inmate Alfonso Jones pled guilty
to assault resulting in serious bodily injury within
territorial jurisdiction, based on charges .that he attempted
to bite staff at FC! z.temphis, while he· knew that he was HIV
positive. Inmate Jones has not been sentenced at this time,
but according to the u.s. Attorney's Office he faces an
additional 7- to a-year sentence for this assault.
FCI Ashland - criminal Case - On July 21, inmate vinson Hill
was sentenced to 10 years by a Federal District Court judge,
following his conviction for throwing hot grease on a fellow
inmate while housed at FeI Ashland.

()

FeI cumberland - Paul Layer, Attorney, conducted a tour of
both the FeI and the FPC for a group of twelve Central Office
Legal Interns on July 20, 1995.
.
SUBSTANTIVE PLEADINGS (COMPLAINT, KOTION

ETC.):

FO~

SUMMARY JUDGMENT,

None

SETTLEMENTS:
Amr Poirier v. U.s., 94-443, E.O. Ky., FHC Lexington
We finally reached agreement to settle this FTCA case for
$12,500. This case involved allegations of sexual misconduct
by a food service cook for·eman and sought $250,000. We felt
that if this case went to trial we risked higher liability
because during staff interviews we learned that staff were
aware of improprieties and had reported them to the Assistant
Food Service Administrator and the SIS, but the allegations
were not taken seriously. Additionally, Poirier had a long
history of pre-incarceration sexual abuse. The cook foreman
was in fact later fired.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS: None

UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED XN PRIOR
REPORTS:
Gilbert Mims v. Janet Reno, 94-238, E.D. Ky.,
We recently received a decision from Judge

Fer

Ashland

~ilhoit,

dismissing

this Bivens suit for failure to state a claim. Inmate Gilbert
Mims had claimed that the Program Statement, "Custody
Classification and Security Designations" discriminated
2991

AUG-04-1995

14;.:>1:1

~I"I:UI

I

LlUI

' " ,,, ....

Page 4
MXR Monthly Report

against African American inmates, by scorimq more severely,
inmates convicted of possession of cracK, as opposed to powder
cocaine. I do not expect inmate Mims to appeal this decision.
wood v. Bogan, 92-CV-77077, E.D. Mich., Fe! Milan
We were happy to learn that the Department:agreed to file a
Notice of Appeal in this sentence computation case, as we feel
the court wrongly followed the Croft decision and awarded
federal sentence credit for time an inmate 'legitimately spent
in state custody.
'
Shelton v. U.S., 1:94-0233, S.D. W. Va.,

F~C

Alderson

We learned last week that we won this FTCA ;case regarding a
salmonella outbreak at Alderson. Plaintiff had tried to use
res ipsa loquitur to establish our negligence in serving
undercooked eggs, which in turn caused the ;salmonella
outbreak. The court said res ipsa should not apply, as all
food was not in control of the institution,: as inmates could
get food from commissary, could steal it from the kitchen,
etc. The court was extremely impressed with the testimony o~
the Alderson Food~Service Administrator, Griff Cole, who
conclusively established through his master: menus that we did
not serve eggs on any of the days close to the time plaintiff
alleges she became ill.
REPRESENTATION NOT RECOMMENDED FOR STAFF:
SIGNiFICANT FTCA CLAIMS:

None

None

SIGNIFICANT ADMINISTRATIVE REMEDIES:

None.:

NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES:
Haneef v. BOP et al., 2:95cv4, E.O. Va., FeI Petersburg
This action has been labeled a Bivens by th~ court. The
complaint alleges denial by Petersburg staff of the right to
engage in congregational (group) prayer as prescribed by his
religion (Muslim). plaintiff asserts as a result of engaqinq
ip congregational prayer in the housing units he was locked up
in SHU and disciplined. Plaintiff seeks $l:million in
damages.

2992

New Litigation Cases by Ins titution and Type
Received During the Month of July 1995

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10:37

FROM

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M~~U

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UNITED STATES GOVERNMENT

. memorandum

September 6, 1995

~fid·Atlantic

REPLY TO

Bill Burlington, Regional Counsel

.~T'1'tOf:

Mid-Atlantic Region

!U6.I£'CT:

August 1995 l"Ionthly Report

ro:
.'11"1':

SEP

Wallace E. Cheney, General Counsel

6 J995

Nancy Redding , Executive Assistant

FEa

MAR APR

MAY JUN

JUL

AUG SEP

91

92

84

, 12

137

131

125

145

85

80

94

127

'19

106

MAR APR

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191

207
76
96
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192
52
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0

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0

MAY JUN

JUL

AUG

104
43

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131

ADMINISTRATIVE REMEDIES

JAN

Received
Answered

106

106

TORT CLAIMS

JAN

FEB

/I Pending
1/ Received
II Answered

161
72

178

73

59

53

201

191

60
44
207

3

2

4

FEB

MAR

APR

72

53

71

51

51

50

40
60
36

60
53
44
72
34

66
53
28

32

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71
32

104

LITIGATION

JAN

FEB

MAR APR

Cases Pending
New Cases Received
Habeas Corpus
Bivens

293

291

S

12
3

282
13

~ding

er Six Month

.

Regional Office~ Annapolis Ju.nction~ ~fD 20701

54

47

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4

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JAN

55

OCT

NOV

OCT

NOV DEC

SEP

OCT

NOV

DEC

OCT

NOV

DEC

DEC

'FOI/PRIVACY
II Pending
iI Received
11 Answered
;: Pending
# Over 30 Days

FTCA
Other
Cases Closed

Cases Pending
Lit Reports Completed
Cases/Hearing or Trials
~mentSiAwardS
tiements/Awards
n Thousands)
'" .... .:>rrected figures

63
36

4
1

14

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Page 2
MXR Monthly Report

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, HOVES, ETC.

Bill Burlington, Regional Counsel, will be on travel to the
Reqional Office September 18-20 for a Regional 'oJarden I s
Meeting.
Marian Callahan, Assistant Regional Counsel, will be on annual

leave September 25, 1995 for Rose Hashanah.
SITUATION OF INTEREST, CONTACT WITH FEDERAL'BENCH, HA2ARDOUS

WASTE SITES, ETC.:

()

criminal Case - FPC Alderson (S.D. W.Va.) -, Former Alderson
inmate Alfreda 1-1urray was indicted by a federal grand jury in
Charleston, for escape from the custody of the Attorney
,
General. Inmate Murray was serving a sentence for a drug
offense at the time of her escape. If convicted, she could
face a possible five additional years in prison plus a fine of
up to $250,000.
This is the case we previously reported (May
report) where the u.s. Attorney's Office initially declined
prosecution, but then agreed to reconsider When Warden wise
explained how important it was to prosecute' escapes from an
institution like Alderson, that has minimal'perimeter
security.
Milton Soto-Carrero v. DOJ (MSBP--Milan), - 9n August 14,
1995, We received the initial decision upholding our
, termination of former Milan employee, Milton Sota-Carrero.
Mr. Soto-Carrero was removed when among other things, he
informed his union representative that he had come to work one
day with a semi-automatic rifle in the trunk of his car and
sat in the parking lot con~eroplatinq whether he should bring
the 9un into the institution and IIblow people away." From my
perspective, the initial decision is unreas~nably critical of
two of the Bureau's charges and only sustains two of the four
charges filed against Mr. Soto-Carrero. Keyin Walasinski is
working with Paul ~essup to fashion exceptions to the initial

decision.

contact with the Judiciary - (Larry Chambers, former Milan
inmate now at Leavenworth) Avern Cohn, U.s.'District Court
Judge, E.O. Michiqan, has contacted me regarding his efforts
to halt threatening communications from Leavenworth inmate
Larry Chambers to fellote1 U. S. District Court J'udge, Gerald- E.
Rosen.
Inmate Chambers has a history of writing threatening
communications. ~~~n the court initially expressed concern,
the local U.S. Attorney, Saul Green, expressed his opinion
that there was little that could be done to stop such
communications. When contacted by Judge Cohn, I expressed the
opinion that should threatening communications continue, an
order could be fashioned that would allow us to screen all
inmate Chamber's outgoing correspondence, and when threatening

material was discovered, to forward it to the U.s. Attorney
for prosecution. Judge Cohn29~med satisfied and has

10: 38

SEP-0;- :=95
Page

==.:ii'i

BOP MARO

TO

3

t..1XR Monthly

ReP!j·~

communicated" to John Sha\1l and I that he \tori 11 consider such an
order if inmate Chambers writes any further threatening
comrnunicaticns.
FeI Ashland - On August 7, 1995, Randy Smith, Paralegal
Specialist, visited with AUSA's Dell Litrell and Shelley
Chatfield to discuss ways to ensure that all cases are being
tracked appropriately and that he is receiving copies of all
filed pleadings. On August 31 Randy visited the courthouse to
research the status of his curr~nt cases. While there he had

an opportunity to visit with Magistrate Judge Peggy Patterson
and her law =lerk, Lisa Gracia.
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT,
ETC.):
None
SETTLEMENTS:

None

ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:: None

UPDATE ON

C~SES,

TRIALS OR HEARINGS, ETC.

NO~ED

IN PRIOR

REPORTS:

()

Burkhart v. Hahn,

91-3026-~A,

W.D. Tenn., Fe! Memphis

On August 25, 1995, Tom Read was involved in setting aside a
default

judg~ent

that had been entered over three years ago by

Judge MCRay. Judge McRay has since retired' and Julia Gibbons,
Chief Judge, took over the case. Judge Gibbons did not
confine the August 25th hearing to damages, but rather looked
behind the judgment, determined that there had been no
retaliation or improper medical care, and dismissed the case.
We are extre~ely happy to finally have this Bivens default
judgment satisfactorily resolved.
Haddad v. BOP, 9S-CV-73129-0T, E.D. Mich.,

Fer

Milan

A hearing was held August 10, 1995, regarding Haddad's request
for a TRO.
Haddad alleged that Fe! Milan could not provide
appropriate wedical care for his pre-existing health

condition. The Chief of Health Programs at Milan provided
testimony regarding the care we are providing Haddad. The
court dismissed the TRO.
Darrick

s.

T·eacock v. USDO.J, 1:95-0532, S.D ..

~v.Va.

(FPC

Alderson)

t'
to' • •

In this Titls VII action filed by a former physician at FPC
Alderson, ha alleges he was discriminated against because he
was a member of a particular class, i.e., of African descent.
His original EEO complaint, filed May 27, 1993, alleged he was
fired becaus€ of his race. On BOP's motions and findings and
conclusions ~ithout a hearing, the Administrative Judge issued
a recommended decision of no ~~e discrimination. The

SEP-0E.-1995

1;: : :;;

FROM

EOP MRRO

IU

Page 4
MXR Monthly Report

Administrative Judge's recommendation was adopted by· the
Depart~e~t of Justice.

REPRESENTATION NOT RECOMMENDED FOR STAFF:

None

SIGNIFICANT FTCA CLAIMS:
T-HXR-9S-363 Civilian Reqis Linn - While visiting an inmate at
FeI Ashland, Mr. Linn was struck in the right wrist by a piece
af ceiling fan.
Mr. Linn alleges as a result of his injury he
is suffering pain and stiffness of the right shoulder. The
claimant asserts that orthopedic testing found a positive
Kemp' 5 cervical compression, Sate Hall shou·lder depression for
the rig~t side cervical range and that all areas of motion are,
restric~ed with right rotation and right lateral flexion
re~tric~etd ~he most.
Claimant is seeking $100,000.

SIGNIFICANT ADMINISTRATIVE REMEDIES:

None.

NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES:
FCI Milan - We have two religious issues at the early
administrative remedy stage that we are watching.
In the
first, Nation of Islam inmates are asking that they be allowed
to participate in the sweat lodge ceremony, citing the
provision of ou~ policy that states a religious group may not
restrict attendance or participation in a religious activity
on the basis of race, color, nationality or creed.
We plan to
ask the~ to clarify if they are switching their religious
affiliation to "Native. American," or if they are contending
that the s~eat lodge is required as a tenant of the Nation of'

Islam faith. ,
A second issue concerns a request by Native· American inmates
to wear different color headbands. The institution would like
to eliminate the different colors, as they tend to be
affilia~ed with different prison gangs.
We are encouraging
them to look at a neutral headband that contains symbols of
the Native American Faith, and then suggest they prohibit
other headbands.
We will keep you posted.
U5P Terre Haute - During the mon~h, sev~ral Regional remedy
appeals have been filed with inmates complaining of the
curren~ institution practice of selling prayer oil in the
commissary, and discontinuing special Purchase Orders for the
o~tside vendor.
At the present
time, this issue is under consideration by institutional,
regional, and central office staffs.

purchase of prayer oil from an

2974

.-,

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~

II/

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III
I

New Litigation Cases bV Institution and Type
Received During the Month of August 1995

lSI

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Oct ober 5,
f.1:i.1'Ll TO
, ... n"Of:

Sl.'BIfC'T:

TO:

~7~

~\1.id-Ath.tlltic Regional

1995

'~Y Burlington,

Regional Counsel

Mid-Atlantic Region

September 1995 Monthly Report

Nancy Redding, Executive

FEB

Received
Ans ...·/ered

106
106

91
85

TORT ClAIMS

JAN

FEB

MAR APR

Pending

161

178

200

201

Received
:: Answered
11 Pending

72

73

64

54

47

178

200

4

1

59
201
3

JAN

FEB

(#

~er Six Month
FOI/PRIVACY

MAR APR

MAY JUN

JUl

AUG

SEP

92
112"

137

131
127

125
119

145
106

148
141

MAY JUN

JUl

AUG

SEP

191
60

207

180

~92

183

52

76

S5

'52

37

53
191
2

44
207
4

96

32

,40

84
80

94

MAR APR

63

60

72

53

53

51

51

40
60
36

44

32

72

66
53

. 71
50
19

71

34

28

32

LITIGATION

JAN

FEB

MAR APR

Cases Pendins;
New Cases Recei"ed
Habeas Corpus

293

291

S
1
4
1
2
12

12
3

282
13

# Pending
II Over 30 Days

Bivens

FTC;"
Other
Cases Closed
Cases Pending
Lit Reports C~:npleted
Cases/Hearing or TrialS
SettlementsiAwards.
2ttlementS .'AvJards

n Thousands)

( , . rrectso figures

291
14

3

o
$0

a
1

o
28
282
15
1

1

$55

JUl

SEP

115

131

140

24
8
131

:44
:33

104

43
35
115

~40

44
38
144

70

82

111

103

'05

MAY JUN

JUL

~UG

SEP

264

265

266

13
2

258
16
8

266

20·
6"
4·

265
15

6

3

3

1

7

28

i4

2
i2
258
l'

5
3
4

264 265
15 15

o
1

$155

o
o
o

1

0
0

4

4

,

7

1

1

o

2
1

4
1

o

17

19

266
14
4

2
1
$0.3 $12.5

OCT

NOV

DEC

OCT

NOV DEC

OCT

NOV

DEC

5

1

3
18

12

266 265
13
9
o 2

DEC

1

AUG

10

NOV

144

104

a

OCT

71

180 192 :183
070

MAY JUN

36

# Pending
# Received
1/ Answered

BURfAU Of"..
OFFICE:OF GENERAL COUNSEL

Assistan~

JAN

Al

OCT

Wallace H. Cheney, General Counsel

ADMINISTRATIVE REMEDIES

I;

Office, Annapolis Junction, 1\.fD 20701

263

0

0

10

o
o
o

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

FAX T RAN 5 MIT TAL

Id :1 pa;","

b

Page

2

r"lXR Monthly Report

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.

Bill Burlington, Regional Counsel, will be in Leesburg,
Virginia, October 3-6 for Review of Functions; then
October 10-12 he will be in Memphis for an after action review
of the alleged rape of an inmate hostage. He will be on
annual leave October 13-17.
Paul Layer, Attorney, FeI Cumberl~nd, will attend Supervisor
Training at the institution october 23-25, 1995.
We want to wish Deidre Williams, Paralegal Specialist, well on
her tour at FeI Miami. We appreciate all the excellent work
Deidre did in the Regional Office during her trainee year.
Welcome
A~torney

to'Ma~thew

Mellady who transferred to Memphis as

this month.

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

C)

criminal case - FMC Lexinqton - United States v. Eddie Smith
(E.D. Ky).
On September 25, 1995, former FMC Lexington
correctional officer Eddie Smith went on trial for allegedly
having se~ with. several women who were incarcerated at FMC
Lexington.
On September 27th, the jury convicted Eddie smith
on three counts of Aggravated Sexual Abuse by Force or Threat,
three counts of Sexual Abuse of a Ward, and one count of
Perjury. The minimum guidelines for these offenses is 210
months. Mr. Smith has been taken into custody.
Sentencing is
set for December. Several of these women have filed FTCA
suits against the United States based on the theory that we
failed to protect them from an officer with· a history of
sexually abusing inmates. These civil cases have been held in
abeyance pending the outcome of ~he criminal trial.

FeI Milan - Judge LaPlata, Eastern District of Michigan, was
the guest speaker at early recall Friday, September 29, 1995,
in honor of Hispanic Heritage Mc~th.
criminal sentencing - FCI Memphis - Inmate Alphonso Jones was
sentenced on Friday, September 29th to 77 months, consecutive
to his present term. Jones had pled guilty to assault
resulting in serious bodily injury based on charges of
attempting to bite staff knowing that he was HIV positive.
criminal Case - FPC Cumberland - Paul Layer, Attorney, FeI
Cumberland, is working closely with the criminal AUSA in
prosecuting inmate Bailey, a camp escapee. Trial is set for
November 20, 1995 in Baltimore.
SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT,
ETC.): None
2951

Page 3
MXR Month: ..· Report

SETTLEMENTS:

~ t\~{"
Thomas v. U.S., 95-3027, C.D. Cal., USP Terre Haute

We have wade inmate Thomas an offer of $7,500 to settle this
medical malp~actice suit. Inmate Thomas has diabetes and has
had poth of his legs amputated below the knee. A physician
from the veterans Administration has criticized the care we
provided at Terre Haute and Springfield. We expect inmate
Thomas to accept our offer in the instant suit, and to agree
not to file another suit about the care he received at
Terminal Island.
He was at Terminal Island when his second

leg was amputated.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:
Webster v. Bogan, 95-CV-71111-DT, S.D. Mich.,

c,

Fer Milan

This case involves the same issue as the Wood v. Bocan case
where the District Court follo\.Jed Croft and awarded ylood
credit toward his federal sen~ence for time spent in state
custody.
In both cases the inmate was in state custody;
"borrowed" on a writ ad prosequendum; sentenced in Federal
court; returned to state custody; sentenced in state court to
a sentence concurrent with the Federal sentence; began serving
his sta~e sentencej and at the completion of the state
sentence came into federal custody to serve the federal
sentence. We have rece~ved the R&R in this case and were
surprised by ~he fact the Magistrate Judge supported ~he
Bureau's position that the inmate was not entitled to credit
a9ains~ his federal senten~e for time spent serving his state
sentence. webster did refer to Croft in his petition.
UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR
REPORTS:

Rock v. United States, 93-159-C, S.D. Ind., USP Terre Haute
This FTCA case is set for trial on october 13, 1995.
This
involves property that the inmate alleges was improperly
confiscated.
The administrative claim was for $101.75.
I

Bourque v. Hurst, 93-3092-G, W.o. Tenn., FC! Memphis
Pre-trial hearing in this case is set for October 13, with
trial set for October 25. This is a Bivens action alleging
delibera~e indifference to the plaintiff's medical needs.

REPRESENTATION NOT RECOMMENDED FOR STAFF:
SIGNIFICANT FTCA CLAIl<iS:

None

SIGNIFICANT ADMINISTRATIVE REMEDIES:

2952

None.

None

Page 4·
MXR Monthly Report

NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES:
OSP Terre Haute - the A..'llerican Indian Law Clinic, University
of Colorado, Boulder, has written suggesting that our policy
of not allowing American Indian inmates to burn sacred herbs
in their cells may violate RFRA. Terre Hau~e does allow
burning of sacred herbs, but only in the Chapel or during the

Sweat Lodge ceremony. Christopher Lamarr, the clinic
director, suggests that our policy of allowing inmates to
smoke in their cells undermines our security argument which is
put forth to justify prohibiting American Indian inmates from
burning sacred herbs in their cells. We will be responding to
this letter explaining why we disagree with them.
USP Terre Haute - A Moorish science Temple inmate has filed a
BP-9 asking that he be allowed to wear a pen (letters "M.A.")
on his lapel.
The institution has an Institution Supplement
which allows pens to b~ worn, as long as ~hey are not
displayed on the outer layers of clothing . . We will respond
that he can wear the pen on the inside of his clothes, but may
not display the pen on outer garments.

c·At
.

Favorable 6th Circuit Decision - in Virail Abdur-Rahman v.
Michigan Deo't of Corrections, No. 94-2238 (Decided June 21,
1995), the court upheld the Michigan Department of Corrections

refusal, on security grounds, to release I1u~lim inmates from
work for !riday 3umah prayer. Based on testimony from a
Muslim leader that Muslims are excused from; worship if they
are sick or have to work, the court found the Friday services
were not a central tenet of the Muslim faith. The court
further held application of the rule did not substantially
burden the inmate's practice of his religion stating,
"Reasonable time, place, or manner restrictions upon communal
religious gatherings do not necessitate the' identification of
a compelling state interest .. "
This decision will be very helpful in our Petersburg case
where a Muslim inmate (Haneef) claims our refusal to allow him
to conduct group prayer outside the chapel violates RFRA.

FeI petersburq - Petersburg has responded to four RFRA
administrative remedies during the month. All four were from
inmate Wallace, Reg. No. 08955-058 who is a Rastafarian. This
is a brief recap of his complaints and the institution's
response. Wallace alleged denial of special food item for
Rastafarian ceremonial meal. The institution tried to
accommodate the special food requests as near as possible.
Wallace requested additional chapel time for Rastafarian's
stating that other groups were receiving more time.
The
institution will set aside additional time for the
Rastafarians with the arrival of the new Chaplain.
However,
in the past when ~xtra time was made available the
Rastafarians failed to utilize the time. Wallace also
complained that other groups have been given free film for
2953

Fage 5
MXR Monthly Report

their annual feast and the Rastafarians have not.
Wallace was
informed the past practice of providing free film has been
discontinued.
Wallace complained because his request that a
Rastafarian be permitted to assist in the preparation of the
ceremonial meal was denied. At Petersburg only inmates
assigned to food service may assist in meal preparation.
There was one Rastafarian assigned to food service at the
time.
Due to the additional work involved, the Rastafarian
assigned to food serviced declined being involved in the
preparation of the ceremonial meal.

('

2954

New Litigation Cases by Institution and Type
Received During the Month of September 1995

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