Fbop Mxr Monthly Reports 2001jan-jul
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UNITED STATES GOVERNMENT memorandum DATE: REPLY TO ATTN OF. SUBJECT. TO. ATTN: February I 001 ~~I~A-J~'I~~ Bilfi'1\uri1ngton, Mid-Atlantic Regio Mid-Aclantic Regional Office. Annapolis Junccion. MD 2070l Counsel January 2001 Monthly Report Christopher Erlewine, General Counsel Linda Dubose, Executive Assistant ADMINISTRATIVE REMEDIBS JAN Received Answered 167 144 TORT CLAIMS JAN FEB MAR APR MAY JON JUL AtJG SEP OCT NOV DEC FEB MAR APR MAY JON JUL AtJG SEP OCT NOV DEC # Pending 180 # Received 27 # Answered 66 # Pending 146 # Over Six Month 2* *In Central Office pending settlement authority. ( )I/PRIVACY JAN FEB MAR APR MAY JUN JUL AtJG SEP OCT NOV DBC FEB MAR APR HAY JUN JUL AtJG SBP OCT NOV DEC 33 # Pending 45 # Received 48 # Answered 32 # Pending 1* # Over 20 Working Days *Awaiting file from archives. LITIGATION Cases Pending New Cases Received Habeas Corpus Bivens .FTCA Other Cases Closed Cases Pending Lit Reports Completed Cases/Hearings or Trials Settlements/Awards $ Settlements/Awards ($ in Thousands) JAN 174 13 7 3 0 3 8 0 1 $100.0 4620 Page 2 MXR Monthly Report ( SIGNIFICANT DECISIONS OR ADVERSE DECISIONS: FCC B~R - Tony Jones v. U.S. - On January 23 rd , the 4th Circuit ruled that the sentencing court lacks jurisdiction to amend the language used in the J & C regarding fine payment, once 7 days have expired from the date the sentence was imposed. In this case, Butner staff had written the court indicating that the court had improperly delegated responsibility to the BOP to set the timing of the fine payment. The district court then made the fine due immediately, so the inmate could pay the fine through the IFRP. The 4th Circuit indicated the district court was without jurisdiction to amend the J & C. FMC LEXiNGTON - Rosales-Garcia v. Holland - On January 31, 2001, the 6 th Circuit held it violates due process to hold indefinitely, a Cuban detainee who does not have pending criminal charges. Inmate RosalesGarcia had been held at FMC Lexington since 1997, when INS decided not to role him to the community. FCC BUTNER - Stokely v. BOP - The court granted our motion for summary judgment in this action where the Plaintiff claimed that the Bureau's mandatory HIV testing program violated his civil rights. The court held that the mandatory testing is for the health, safety and welfare of each inmate ... which is a legitimate penological interest that outweighs the Plaintiff's expectation of privacy. ( SETTLEMENTS: FCI MEMPHIS - Sammie Stroud v. Reno - In this Title VII, racial discrimination case, t~e partie~ reached' an agree~ent~o. settle fQt' $85, CoeVcompensatory damages, plus $15,000 in attorneysfee~Y£ This case was handled by the Labor Law Branch, with settlement coming after an Administrative Law Judge's finding of discrimination. UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS: FCI MANCHESTER - Tilson v. Gibson - In this Bivens suit for injunctive relief only, Judge Coffman denied our Motion f9r Summary Judgment, finding that medical staff may have been deliberately indifferent to inmate Tilson'S serious medical needs (painful inguinal hernia). Since this ruling, we had the inmate seen by an outside surgeon, and in January the 'hernia was surgically repaired. We have filed a motion asking the court to dismiss the case as moot. FCI BECKLEY - Eichler v. U.S. - A pretrial conference was held on January 8, 2001. The Judge issued an order that preliminary discovery on the issue of damages be completed by May 8, 2001, and that government experts be identified by July 23, 2001. FCI BECKLEY - Lee v. Olson - This is an old Ensign Amendment challenge. It remained active after Amatel due to procedural issues. The case was dismissed for failure to state a claim. 4621 Page 3 MXR Monthly Report ( CRIMINAL : FCI BECKLEY - Inmate Matthew Garvey, Reg . No. 33417 -037, was indicted in September for Possession of Contraband (a weapon). He pled guilty to the charge on January 29, 2001 . 2000, during the evening count in VA Hall, a white inmate, was allegedly assaulted a in a sock. _ received minor injuries as a result of the assault but was tak~o the outside hospital for treatment. SIS staff initially discussed the matter with the FBI, however, under the standing agreement with the FBI, U8AO, and the institution, the FB! initially indicated the case ' would not be accepted the minor nature of the assault. Subsequently, inmate . . . . . wrote a letter to the USAO in Richmon~ camp assault ' was racially motivated, as all three of the alleged assailants were members of the Nation of Is~d have expressed at one time their hatred of the whit e man. Inmate,....... also alleged that it is common for black staff to call white inmates by the name of "white boy or cracker". SIS has subsequently been informed that USAO has accepted the matter for investigation by the FBI and possible prosecution as a hate crime . SITUATIONS OF INTEREST , CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC. : ( FMC LEXINGTON - On January 20, 2001, , was released from FMC Lexington, Atwood Camp, pursuant to Clinton's act of commuting her sentence to time served. ~ ~as the last ITS Plaintiff incarcerated at Lexington. FeI MEMPHIS - Dixon v. Reno - In a strange twist, EEO complainant Cassandra Dixon, filed a criminal complaint in state court alleging that a co-worker was guilty of misdemeanor harassment, for questioning what Ms. Dixon was doing with Warden Joe Young's travel voucher. Ms. Dixon currently has an EEO suit filed against Memphis claiming racial and gender discrimination. The EEO suit is being handled by the Labor Law Branch . We are preparing requests for representation on behalf of the staff member against whom criminal charges were filed. FCI ELKTON - Wilson v. BOP - The Union attorney has filed a request with the court to review DOJ's decision not rovide DOJ attorney representation to FCI Elkton employee, in a Bivens suit. The Unio n confused its ability to challenge a DOJ cert'fication that an employee was not within the scope . of his duties under 28 USC section 2679 (d) (3), with a decision not to provide representation, which is not judicially reviewable. FCI PETERSBURG - Matter of Michael Litt le - Inmate Little filed a l complaint with the Virginia Department of Health Professions (Medical Licensure) alleging Dr . Allen, Clinical Director, committed malpractice by not properly supe~vising other medical staff. Inmate Little al leges his interferon pens were mixed up with another inmate's. In a Janu ary 4, 200 1, letter the Enforcement Division of the Department of Health 4622 Page 4 MXR Monthly Report ( Professionals informed Dr . Allen that upon review of the response filed on Dr. Allen's behalf by the BOP, there was no apparent violation of laws or regu l ations pertaining to the practice of medicine . Electronic Inmate Law Library - On January 17, 2001, Butner staff hosted a meeting regarding a pilot program where FMC Butner inmates would be given access to an electronic law library . Visiting staff were given a demonstration of the hardware and software. Warden Art Beeler has recently sent a new pilot proposal to Margaret Hambrick, in which he addressed many of the issues that were resolved at the Butner meeting. Personnel Issues Staff Leave and Travel February, 1 3 -15 Regional Office, Clinical Directors Training. Baltimore February 26-29, New Attorney Training, RC/AGC Meeting FCI CUMBERLAND- annual leave, February 8th and 9th. ( 4623 ,.,-. _ age 5 MXR Monthly Report Mid-Atlantic Region Litigation for the Month of January 2001 MARO Consolidated Legal Center Butner Consolidated Legal Center Bivens HC FTCA FC! CUM 0 1 0 0 1 FC! MEM 0 1 0 0 FC! MRG 0 0 0 MXR 0 0 Hazelton 0 Ohio Co. Other Total Bivens HC FTCA FCC BUT 0 0 0 1 1 1 FCl PET 0 2 0 0 2 0 0 PET MED 0 0 0 0 0 0 2 2 FPC SEY 0 0 0 0 0 0 0 0 0 Winton 0 0 0 0 0 0 0 0 0 0 VA Contracts 0 0 0 0 0 0 2 0 2 4 0 2 0 1 3 Other Total Lexington Consolidated Legal Center Beckley Consolidated Legal Center Bivens HC FTCA FMC LEX 1 0 0 0 1 FC! ASH 0 2 0 0 2 FC! MAN 0 0 0 0 0 Big Sandy 0 0 0 0 0 McCreary 0 0 0 0 0 1 ·2 0 0 3 Regional Total Other Total Other HC FTCA FCl BEC 2 1 0 0 3 FPC ALD 0 0 0 0 0 USP LEE 0 0 0 0 0 Glenville 0 0 0 0 0 McDowell 0 0 0 0 0 2 1 0 0 3 Bivens HC FTCA Other Total 3 7 o 3 13 _ ........... ~I_ r. ~ ~ .... ~~ ............ ~ ..... _.~ ..... . Total Bivens UNITED STATES GOVERNMENT memorandum ( I-ATr.: March 8, 2001Hid-At:lantic Regional Office, Annapolis Junction, HD 20701 ATTtI ,'IF: Bill Burlington, Regional Counsel Mid-Atlantic Region r.1I~tF:r:T: February 2001 Monthly Report 1'1.1'1."1" Ttl TO: ATTN: Christopher Erlewine, General Counsel Linda Dubose, Executive Assistant ADIaRIS~T%VB RBMBDIBS Received Answered JAR DB 167 144 114 170 JAR I'&B lGY JON JUL AUG SEP OCT NOV DBC MaR APR lGY JON JUL AUG SEP OCT NOV DBC JOL AUG SBP OCT NOV DBC OCT NOV DBC MaR APR ** Received Pending ** Answered Pending * Over Six Month 180 146 27 39 41 66 146 139 2 2* *Serious personal injury cases still under review. r 'ftlVACY JAR FBB MaR APR lGY JON ~ending 33 32 45 46 48 43 Pending 32 36 # Over 20 Working Days 1 2* *These two overdue requests were mailed out of this office on 3-5-01. **# Answered Received * JAN DB HUt APR !aY 174 Cases Pending 11 13 New Cases Received 4 7 Habeas Corpus 5 3 Bivens o o FTCA 2 3 Other Cases Closed Cases Pending 8 9 Lit Reports Completed o 1 Cases/Hearings or Trials 1 1 Settlements/Awards $100.0 $22.0 $ Settlements/Awards ($ in Thousands) 4052 JON JOL AUG SBP ( Page 2 MXR Month ly Repo rt ( SIGNIFICANT DECISIONS OR ADVERSE DECISIONS: FCI BECKLEY - U.S. v . Br ow n - An order was issued in December by the sentencing j udge in the District of Massachusetts directing the Bureau to grant this inmate jail cr edit. A motion was filed challenging the court's authorit y to enter the order. The Judge denied the motion to reconsi der or va ca te the order. The Judge did issue an amended J&C. The inmate's sentence was recalculated based on the amended J&C. The Judge was still not satisfied with the manner in which the sentence was calculated. As a result, the inmate was granted an additional 47 days of good conduct time, in an effort to honor the court's intentions. MXR IMPLEMENTATION - Lopez v . Da v is - Despite a letter from the AUSA who handles Lexington cases , the 6" Circuit has still not remanded the FCI Ashland and FMC Lexington appeals back to the action consistent with the Lopez de cision. l. FCI BUTNER _ United States v. Russell Weston - In a thoughtfu l, 61 page opinion, Judge Emett Sullivan has ruled that the Bureau of Prisons may involuntarily medicate Russ ell W~ston. Russell Weston is the individual wh o allegedly shot and killed two Capitol security guards in the summer of 1 998 . The court found two bases for medicating Mr. Weston -- his dangerousness , and the governmental interest in restoring his competence so that he can stand trial on these serious charges. This is a major victory for the government. Several BOP witnesses' testimony is c ited iIi the opinion, . including Sally Johnson , M.D., and Phill Wise. The judge stayed his order unt il March 17"' , so that an appeal can be filed. Inma te alleged failu re to r.,1V protect/deliberate indi releasing hi m to the compound following an as saul t. was introduced to show a thorough investigation was conducted and that the investigation revealed no threat. He was given a different job assignment to remove him from the area of potential harm (he said he was assaulted because he would steal food for people). The cou rt granted summary judgment in the BOP's favor, conclud ing that because of the investigation and job reassignment, the BOP was not deliberately indifferent . Interestingly, the judge concluded that just because the inmate still felt threatened did not show the BOP was deliberately indifferent. Also, the Court co ncluded that the i nmate failed to meet the objective prong of t.he farmer standard, give n his de minimus injuries. FCI CUMBERLAND - Ke vin Taylor v . Hawk - In this Bivens/FTCA case, the Plaintiff alleged that he wa s a ss aulted because the unit officer stayed Outside o f the unit afte r a co ntrolled move. Evidence was introdu c ed to demonstrate t hat the inmate was assaulted after the compou n d Was closed f o r the e vening and that the officer was actuall y in the u ni t, and that the inmate owed a gambling debt t o the assa ilant . It wa s also poin ted o ut that the inmate had changed his factual account o n more than one occasio n. The j udge granted summary J ud gment , finding the evidence submitted by defendants was FCI CUMBERLAND - ( \ 4053 Page 3 MXR Monthl y Report ( overwhelming and that the evidence produced by the Plaintiff was insufficient to over come BOP's evidence. FCI MQRGANTOWN - Medley v. Hawk Sawyer , et al. - Employee attempted to bring a Bivens action pursuant to 42 U.S.C. §1985 Subpart (3) and 42 U.S.C . §1986. The Court found where there is a comprehensive scheme for employee grievances, they may not ci rcumvent that process by seeking damages in a Bivens action . SETTLEMENTS : FCI MEMPHIS - Vargas v . Reno - MXR staff are wo rking with NERO staff to see that this EEO complainant recei v es the restored annual le ave that we agreed to give him when we settled this case. Unfortunately , t h e signed settlement agreement did not get to the HRM staff at Al lenwood , and the employee has in the meantime transferred to Brooklyn. NERO staff have been very helpful in correcting our ove rsight . MXRO - Billie Nidiffer, represented by counsel, filed an administrative tort claim with a sum certain of S750,000 alleging neglect during his withdrawal from drugs and alcohol while housed at FDC Milan. Inmate Nidiffer was never seen by a physician during his serious withdrawal, suffering cardiac arrest, septic pneumonia, gangrene and other conditions. He was transferred to a local hospital after suffering cardiac arrest. A review of the claim both by the Bureau and by AFIP was unfa v orable. Since the time of filing, the claimant died of unrelated causes. We have offered S5000 to the personal representative to settle the c laim . Attorney Kevin Walasinski is a~aiting further communication from the attorney. FCI MEM - Castillo v . Bureau .of Prisons - Michael Pybas worked with Labor Law Attorney Elizabeth Long to prepare and advise our negotiator (Se ni or Deputy Regional Director Bill Kelle r ) for the mediation, which was conducted by Mediators for the EEOC. As a result of t h is alternate dispute resolution process, they were able to settle this case in its entiret for S20,000 UPDATE ON CASES , TR.IALS OR HEARINGS , ETC . NOTED IN PRIOR REPORTS: FMC LEXINGTON - Ashkot Khacha t oorian v . US - On February 22, 2001 , Magistrate Todd g ran ted Judgment for the Defendant United States in this FTCA action . Plaintiff. a former FMC Lexington inmate, 4054 ( Page 4 MXR Monthly Report ~epresented by tw~ attorneys, alleged he stepped in a hole in a rate ~n a courtyard of a housing unit, permanently injuring his le gJ d ( ~Od~ reasone~ that regardless of whether Plaintiff was consid~~ed ~nge ~nv~tee or l~censee under Kentucky law, the hole in the grate was so obv~ous that there ~as.no duty on behalf of the United States to warn of the defect. Pla~nt~ff damaged his own case by testifying at t ' I that the ~ole wa~ so obvious that he could see it from fifty feetr~=ay and that ~t was ~n an area which he frequented all the time. New ~NO ,Flesh" Menu Option - We have received a number of BP-10 r s from Musl~m ~nmates who were recently removed from the Common Fare. In part~cular, we have a number of SP-Iors from Nation of Islam inmates compl~in~ng that they, require a common fare diet. Unfortunately, we are f~nd~ng that the ~nmate interviews frequently do not contain enough infor~ation to adequately respond to these complaints. ClUMJ:NAL: FCI BECKLEY former Chaplain, was indicted on January 31, 2001, for Possession with Intent to Distribute Heroin. Trial is set to begin April 17, 2001. tMM . Inmate and Inmate were previous y indicted for Assault (18 U.S.C. § 11(a) (1) and 111(h». The charges stem from the disturbance at FC! Beckley in December 1999. Discovery continues as we prepare for trial. Trial is scheduled for March 27, 2001. FCI BECKLEY - Inmate was indicted in September for Possession of Contraband (a weapon). He pled guilty.to the charge in January 2001. He is scheduled to be sentenced April 9, 2001. MXRO - u.s. Attorney's Office, E.O. Virginia: (18 USC 3624(c» - We continue to receive 'letters (rom criminal AUSA's in the E.D. of Virginia requesting that we limit halfway house time of short term, white collar offenders, to IO~ of the sentence imposed. We are trying to track these requests from our regional office, but it becomes very problematic, as many of these inmates are designated to institutions outside MXR. FCC BOTNER - U.S. v. Praileau - a jury returned. a verdict of not guilty on all charges in this inmate on staff assault case. SITUATIONS OF INTEREST, CONTACT WiTH FEDERAL BENCH, HAZARDOUS SITES, ETC.: ~TE ta FMC LEXINGTON- On February 6, an order was issued for inmate to be writted back to his sentencing court, the District of South Carolina, for a hearing on the downward departure of his sentence for medical reasons. Burgess, a $1.6M tax evader, is apparently an influential member of the local community. The judge, Ross Anderson, never ruled on defendant's motion before sentencing and is claiming jurisdiction of this issue accordingly. Instead, he sentenced Burgess to eighteen months for fraud and ordered him to FMC Lexington for a "30 day study" to include inspection of the FMC by 4055 Page 5 MXR Monthly Report Burgess' personal physician and a report to the court of the suitability of the FMC to care for Burgess ' diabetes. Months later , after learning the BOP would not comply with the inspection recommendation , Burgess was writted back to South Carolina to be examined by his personal physician who will testify as the court's expert on our care of his diabetes. FMC Lexington wi 1 1 have their Clinical Director testify over the phone as to Burgess' lack of compliance with diet , c onsistent throughout his medical history . Joe Tang obtained and sent the AUSA and defense attorney Burgess ' complete commissary records which show he enjoyed eating candy, sweet' buns, ice cream, chips, other high sugar or sodium products , and smoking Marlboros. ( Electronic Inmate Law Library - We have submitted updated cost i nformation on the Butner request for a pilot project using an . electronic law library for the FMC inmate population . The Warden and the Regiona l Director both support this p r oposa l , par t icularly i n view of the limited Education Department staff at FMC Butner . FMC BUTNER - Personnel Issues -- -------- ... -- -... ~~::.. ..: - .. --:.-. --- ::-"' - , staff Leave and Travel March 12" - and 13' '' , 2001 Regional Office March 19 - 23, annual leave , Regiona l Office, March 12 - 13, 200 1 4056 ( Page ·6 Monthly Riport MX~ : -, !.- :..:.,' : - J~ >:__ 0. i.,-. r. • L :. .1,-: ... ,;'". ... "r,·- _.''":"\.... -.. .. --.- -',.' '." .... -r'" . -~ -....... i ; . : I -~ 1- ..".-- . I ... ' ..... .:::·'.c-L ... , '. ')1 : '_ • • _ 1 ' . . . 0: ~J• • • : ~r -. -. ~ ..- .. " ... ~. -.' .---'." "--" ' . '., " (:--'. '-- .. Page 7 MXR Monthly Report Mid-Atlantic Region Litigation for the Month of ~ch 2001 i:lutner Consol i·jated MARO Cons(.Ilidate·j Ll!!olill Center Biver. HC FTCA Other Totdl He Bivens FCI Cm-1 fCI MD-t 0 l 0 1 (I 0 0 0 0 0 0 FCI MRG 0 0 MXR 0 0 0 C C C (\ 0 0 Hazelto n Ohio Co. 1 i Co 0 0 (\ (I (l 0 2 0 0 2. L~u~l Other Total (l II 1 (l ('l (l 2 1 n S LEX fCI ASH FCI MAN Big ~and~' M.:Creary FMC 1 1 () 0 (l (l il l. () (l n (l 1 3 n n ., 2 0 0 " , ... r. \" \. (I (I Winton 0 0 0 0 VA (l 0 0 f'X El'T Fe rET rET MED Frc SE~' 'l','td.i - 0 0 C 0 (\ (l 0 (\ (1 (1 0 0 Ii 0 ,) (l 0 1 1 t' II Cnntrac!:~ Biven s Consolidated Legaj, Center Other He FTCA - 0 (l 0 0 \l 0 0 0 (\ 2 O (l C0 0 0 (l (\ \1 (\ 0 2 !·kl),·\otqi; Ii':"" (\ Ott.er Total C' 0 f'CI BE·:- FPC ALr. I.:~~r LEE lilenviL .' ('I Otl,(!: r. Cc:.1 q: FTCA Cen~t::' FTCA ~ e~~y.ley Lp.:·:ington Gonsol i·jate·.l H~: Biven L~ga! 0 0 (\ 2 Total Ra910D&1 'J!oul ( '" .••..•••- -•..••~ ...1 4058 Page 8 MXR Monthly Report __--------~~----~~~~~--~~----------~--'d_,-AtlantiC Region Litigation Year To Data ( """1' . .. "r ~~~~~~~~~~~~(~}!-ll~"-r~~~--~ :", I I!:J' "'!, i.! i ' Ff:, 1'11~1 jo""j :!EM il (' n 11 !I II,i='!J,r, II r~ I ~::' :1 T e.,. :I ;1 1 2 i,'," "'4:' ,', 2 I.J1;':i'"ltt'ln ""/1:-;.·1 id,I','d 1.1:"011 III" rr.l ASH reI ~1AN Hi 'J J', :'.m. ~1'-t:r"';l r'y 0 .. I ':"u"'r ",','ft. lu' r;t'~ .O·.f i. II il Il " (I " r. t) I: " II Il .' 1 4 0 0 7 !' ~ "1 • ~ 1:4 : ;.~:r : ~'r" '-\!.;j , , !,r;r; :: ,,~,., i l l P. .: .; ,-W" i ~ I. ;,-:" '/\ ii" Re9ioD;&J. Tobl (" .. r·.··: ~.; ,.j ':~II;~ ,: ~ i' n :1 I' n II (~ (l ,! r. 3 0 :·1.! to :.'~tl.11 I ~ j 0 0 0 0 0 0 3 8 ':"r,t t~ r !i" r-r' :1\ t 11 :".,... !' Tl'laJ .. i' (\ i~ :') :1 I~ II " \~ 4 0 0 0 " I) (l 0 0, 4 () I~ I' 2 :I (1 to'" i~,'!,·.:l~·r I', :.~~t ~ FMC' LEX ;'1-",' 5 ~., kiv"!u ::E: Total n I, I, .. .I' ,. ~i I 2 0 ~ .... " n Ohiu : j: :",'. f't;l MR'; MXR :./!.~.a 1 :':~ntf!r Or:hcr rT"A ,';:tlS-'! :,j,lt 1!'1 ':"ll~ 2 ... ' :. '" ~ -:" .~ .... .:. , I i , t .J 4059 UNITED STATES GOVERNMENT memorandum( flAir.: April 6, 2 aaIHid-Atlantic ATTN OF: Bill Burlington, Regional Counsel Mid-Atlantic Region s~~cr: March 2001 Monthly Report REPLY TO TO: ATTN: Regional Office, Annapolis Junction, HD 20701 .Christopher Erlewine, General Counsel Linda Dubose, Executive Assistant ADMINISTRATIVE RBMImIBS JAN FBB MAR Received Answered 167 144 114 170 138 115 TORT CLAIMS JAN FBS MAR APR laY JON JUL AUG SBP OCT NOV DBC APR laY .roN JUL AUG SBP OCT NOV DBC JOL AUG SSP OCT NOV DBC JUL AUG SBP OCT NOV DBC 180 146 139 # Pending 27 39 36 # Received 66 41 35 # Answered 146 139 171 # Pending 2* 2 2 Month Over Six # *Serious personal injury cases still under review. I't"- 'PRIVACY JAN 33 &lding # 45 # Received 48 # Answered 32 # Pending 1 # Over 20 Working Days *Awaiting files from archives LITIGATION JAN FBS MAR APR laY JON 32 36 46 39 40 43 33 36 3* 2 on all three requests FBB lGR APR laY 174 Cases Pending 11 8 13 New Cases Received 7 3 4 Habeas Corpus 3 5 3 Bivens 0 0 0 FTCA 2 2 3 Other Cases Closed 79 Cases Pending 13 9 8 Lit Reports Completed 0 1 a Cases/Hearings or Trials 1 1 1 Settlements/Awards $375. $22. $100. $ Settlements/Awards ($ in Thousands) 4072 JON ( Page 2 MXR Monthly Report SIGNIFICANT DECISIONS OR ADVERSE DECISIONS : called him a snitch · n on inmate King was assaulted by inmates. calling inmate King a snitch, another emplo Office of Internal Affairs that he overheard snitch , but wasn't sure if any inmates over King a MARO - United States v. Tony Jones, 238 F.3d 271 (4'·· Cir. 2001) - We have sent out guidance to each MXR Warden regarding how to implement this recent decision , which changes our practice of writing the court with a request that the Court amend a Judgment and Commitment Order to · make a fine or restitution order payable immediately. A copy of our guidance has been sent to Harrell Watts. FCC Butner - Jean Brown v. U.S. - In this FTCA/B ivens case alleging sexual assault of an inmate, we receved an Order denying our Motion for Reconsideration. Judge Boyle ruled that the Plaintiff could file her FTCA action one day after the six month statute of limitations had run, based on the theory o f "equitable tolling." He also dismissed the Regional Director, and now the Director is the sole remaining Bivens defendant in the case . The Assistant U.S. Attorney has submitted a recommendation for interlocut ory appeal to the Civil Appellate Division. We also submitted a recommendation which has been reviewed by Joyce Zoldak and forwarded to the Civil Appellate Division. The Court has given us until May 7·' to file an Answer. SETTLEMENTS : FCI BUTNER - Zachowski v. U.S . - We reported in December a tentative settlement in this FTCA suicide case. The case - has been settled for $375,000. UPDATE ON CASES, TRIALS OR HEARINGS , ETC. NOTED IN PRIOR REPORTS : FCl Memphis - Cockerell v. U.S. - The Cockerell FTCA case will be tried before District Judge Gibbons beginning April 30'· in Memphis. Cockerell is a medically retired Memphis police officer who fel l 20 feet off the "tough one" during SORT training on the FCI Memphis SORT course. Pre-trial is set for April 20 " . AUSA Harriet Halmon will try the case and Michael Pybas will assist. FCl BECKLEY- Debbie Stevens will be in Richmond, Virginia on AprilS, 2001 for the Fou rth Circuit argument for Cunningham v. Scibana, Case No . 1 :00 -0223 (FPC Alderson). This inmate filed a habeas action wherein she disputed th e determination that her tampering with a consumer product conviction precluded her eligibility for early release. The magistrate judge had entered findings that recommended she be declare'd eligible for early release. Objectio ns were filed. The District Court Judge declined to adopt the magistrate judge's recommendation and upheld our determination that sh e was inelig ib le for early release. The inmate, through the Federal Public Defenders Offic e, appealed the case to the Fourth Circ u it. 4073 Page 3 MXR Monthly Report ( CRIMINAL : - Joe Tang assisted Criminal AUSA Dave Marye, E.D. Ky., ~ arlslng out of -the uCloE:oning death of inmate Tracy Hearlson, 663-086, at FMC Lexington. Joe assisted with locating staff and inmates, obtaining criminal discovery materials and releasability issues. Trial is tentatively set for April 23, 2001. was indicted in FCI BECKLEY He pled guilty to September for Possession of Contraband (a weapon). the charge in January 2001. He is scheduled to be sentenced April 9, 2001. FCI BECKLEY - ------- - ~were prevl0usly lndlcted for Assault (18 U.S.C. § 111 (a) (1) and 111 (b» . The charges stem from the disturbance' at FCI Beckley in December 1999. Discovery continues as we prepare for trial. Trial is scheduled for April 10-11. former Chaplin, was indicted on January FCI BECKLEY Intent to Distribute Heroin. Trial is 31 , 2001, for ses on set -to begin April 17, 2001. SITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: ( \. MXR - We have three serious medical malpractice FTCA cases at the administrative stage. Nideffer alleged neglect while an inmate at FDC, Milan during his with-drawal from drugs and alcohol. After cardiac arrest he was transferred to a local hospital. AFIP and BOP review indicate serious lapses in care. Claimant has since died of unrelated causes. The sum certain is $750,000. We offered $5000 in settlement . The estate's attorney is currently requesting $150,000. We are in the process of obtaining information on what the claim may be worth, and we will be attempting to settle. Salvatierra suffered a heart attack and heart damage at FCI, Cumberland. AFIP and BOP review mant's attorney asserts in Maryland does not apply. We are doing further research on this issue. Dalton complains of misdiagnosis primarily at FCI, Cumberland. We are researching statute of limitations issues. Inmate claims current paralytic condition is the result of neglect, delay in treatment, etc. We have requested review by Dr. Kendig and we are awaiting his response. Demand is SlO million. FMC LEXINGTON - Judge Forester, E.D. Ky. called an emergency hearing in Antonio Pagan v. Thoms, a nd gave Defendant two days to file a response in this official capacity Bivens case. Pagan claims to be in extr eme pain and in need of bladder obstruction surgery. Examination of his records showed his clai ms were meritless. The hearing was canceled after our medical argument and exhaustion argument were filed. Judge forester has given Plaintiff a chance to file remedies, 4074 I ( Page 4 MXR Monthly Report but dismissal is likely in the near future. FMC LEXINGTON- Joe Tang and FMC Lexington Clinical Director Michael Growse, M.D., prepared a detailed response to the medical report of inmate I, prepared by Burgess' personal physician in South Carolina and court-appointed "expert." Dr. Weber, an endocrinologist, was critical of our care of Burgess' brittle diabetes. Weber praised Burgess' eating of vast quantities of junk food as a good way of preventing low blood sugar. Burgess is on writ to South Carolina, where the court is considering a motion for his home confinement due to his medical condition. Our detailed response pointed out Burgess received,all his needs for his insulin pump, specialty consultation, permission to eat in the diet kitchen, counseling by our registered dietician, but refused to cooperate with managing his diabetes and continued to smoke and eat junk food, which has been a consistent pattern with Burgess even before incarceration. A hearinq will be held in the future to address this issue. FMC LEXZNGTON - Inmate from Los Angeles, filed a motion and declarations from outside medical personnel '{)-1(j alleging he is not receiving proper medical-care for his heart problems. He sought a downward departure from his sentence before sentencing, and has continued to pursue this issue even after sentencing. Judge Takasugi, C.D. Ca., initially called a hearing on this matter, but canceled the hearing after we prepared a written response to the inmate's allegations. Judge Takasugi now only requests a written follow-up response to Tobeler's claim that he needs External Enhancement Counter Pulsation, an experimental treatment for cardiovascular problems. ~O - Pub1ic Works Projects - Marian Callahan prepared a memo, which Margaret Hambrick sent to each MXR Warden, informing them of the new Program Statement, #5250.02, Public Works and Community Service Projects. Marian's memo lists all the public works projects in MXR, and suggests how Wardens can get more inmates involved in these projects. Personne1 Zssues FMC LEXINGTON - FMC BUTNER will be hosting the Medical/Legal Issues Training at the complex from April 23-26. FCZ CUMBERLAND - 4075 Page 6 r- MXR Monthly Report \......... '-''':. :: . ~. ".' ··-f," "~ .';,-: ~. r , ". . :t' J ;.. ", '. .,,-' ,:' . !- .. ,, ~ -.,.."--._------I . l .. ... :.,ii, . ~! : J • c. ::'4076 Page 7 HXR Monthly Report ( Mid-Atlantic Reg'ion Litigation for the Month of Mazcb 2001 t-'.ARO Corls~\!i·jat c·j !.."=!~;.1 Centp.c f;i Jtrl~r l"ons"J ~·1.:ttf>.f Other aivens HC' T'.'tdl :r'~A FeI eUN FeI MD-t 0 : (; 0 1 I) FeI (I 0 HXR 0 a c r. c rrc SEY (\ {\ Hazelto n 0 (l 0 0 0 Wintcn 0 (1 l) (: Ohio 0 0 (l (I r. VA 0 2 0 0 2. 0 0 ;--·::r e""" l 0 0 0 0 l~ r£'!' r. \I (l G :) ~'£'l' Ml::r· (\ 0 0 (i II (l Co (I ('l (1 0 0 ,1 II 0 1 1 ("not ract ~ Co. Le:-:i ngt em ConsoJ i·j~tp.·l i..C!CJa! en:.~ W' FTCA Hi veri Other TaU! FeI ASH FeI MAN ~anojy M,:'r.rea r)' " B:':" FI':' ALr. p~:r I.E:: \' ,1 (I 0 (l (' ('I ,I ":' 0 1 ;~ (: 2 0 (\ (l Tnt .. 1 s f'('J (l (l BiQ E!fo,'I:le", ConsoliliilteoJ L~aa~ CentfH Othru Biven He FlC".A "!: s FMC LE>: Ot lit!: ,..... , F'" .~ MRG F'TCA ('. . tiiqr,,·ii. 1·"'1-"10(";. 3 Hi ,-.:Jr.:-: - (\ (I r n 0 tl 2 C 0 (I (I (: 0 0 II 0 (l ,,. 0 I' (l il (l (I 0 2 0 0 2 Total 1'eg1onal Total .. .._ .. .•..1 4077 UNITED STATES GOVERNMENT memorandum DATE; May 7, 200lM:.o ATTN OP; Bill Burlington, Regional Counsel Mid-Atlantic Region SUBJECT. April 2001 Monthly Report REPLY TO TO. ATTN. At::t:-:t:.c Reglonal Offlce. Annapolls Junctlon. MD 20701 Christopher Erlewine, General Counsel Linda DuBose, Executive Assistant ADM:IN:ISTRAT:IVE REMEDIES JAN FEB MAR APR Received Answered 167 144 114 170 138 115 122 103 TORT CLAIMS JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV DEC MAY JON JUL AUG SEP OCT NOV DEC JON JUL AUG SEP OCT NOV DEC 180 146 139 128 # Pending Received 36 34 27 39 # 41 35 39 66 # Answered 146 139 128 113 # Pending 2* 3* 2 2 # Over Six Month *Serious personal injury cases still under review. " (..... IPRIVACY JAN 33 # Pending 45 # Received 48 # Answered 32 # Pending 1 # Over 20 Working Days *Awaiting files from archives waiting on contract review. LITIGATION JAN FEB MAR APR MAY 33 63 S4 4S 33 2 4* 3 on three requests; 1 request MXR portion completed, 32 46 43 36 36 39 40 FEB MAR APR Cases Pending 174 79 New Cases Received 13 11 8 9 Habeas Corpus 7 3 4 5 Bivens 3 2 3 5 FTCA 0 0 1 a Other 2 1 3 2 Cases Closed 7 Cases Pending 79 81 Lit Reports Completed 8 9 13 11 Cases/Hearings or Trials 0 1 0 0 Settlements/Awards 1 1 1 0 $ Settlements/Awards $100. $22. $375. 0 ($ in Thousands) / 4099 MAY JON JUL AUG SEP OCT NOV DEC c. BEARINGS/TRIALS: 1) United States v. Hector Ayala, (EOPA) On March 5, 2001, the Court held a resentencing on a case involving a joint state federal plea 3 agreement which did not properly take into account state law. This office has been working with the u.s. Attorney's office over the past three years in an effort to best accommodate the Federal Court's intent. Ron Booher, Regional ISM and Michael Tafelski assisted at the hearing. 2) United States v. Bin Laden, 98 Cr. 1023 (SONY) - The trial judge held two hearings involving MCC NY in the Embassy Bombing case. On March 27, 2001, Judge Sand held a hearing regarding the conditions of confinement for inmate Mohammed Adam, 45047-054. The attorney complained about restrictions. The court told the defense attorney she needed to abide by MCC's policies . . On March 29, 2001, Judge Sand held a hearing concerning voluminous subpoenas served by the attorney for inmate Mohammed Al-Owhali, 42371054, on the media, numerous government agencies (including MCC New ( York), ,and current and former government employees. Judge Sand was '" extremely skeptical about the attorney's justification for the subpoenas and held them to be over broad. Judge Sand instructed the attorney to revise the subpoenas to government entities and resubmit them for review. 3)U.S. v. Mercardo, - (SONY) On April 3, 2001, a sentencing hearing was held before Judge Marrero regarding MCC New York inmate Damaso Mercardo, 12353-054. The hearing was expedited as concerns for the medical care of the inmate needed to be addressed. Dr. Glover and Andrea Girolamo, Attorney assisted at the hearing by explaining the inmate's medical condition and the care the Bureau can provide. The judge sentenced the inmate to the balance of his supervised release time (7 months), committed him to the custody of the Bureau and asked that he be placed at a facility where he can receive adequate medical care. D. RELIGIOUS CASES: 1) Toulouse, et. ale v. United States, et. al., 00-4840 (DN~) Three FCI Fort Dix inmates allege that the institution has not provided them proper materials to perform the required sweat lodge ceremonies. In addition, one inmate alleges that he was injured trying to split firewood. The representation requests of the 4100 Page 2 MXR Monthly Report SIGNIFICANT DECISIONS OR ADVERSE DECISIONS: ( FCI BECKLEY - Paul King v. United States, et al. - We learned that the Department of Justice has approved our recommendation for private counsel representati on of the Beckley defendants in this Bivens suit. Beckley inmate Paul King alleges defendant Taylor called him a snitch in front of other inmates. Some time later, inmate King was assaulted by inmates. While defendant Taylor denies ever calling inmate King a another employee-defendant told the Office of Internal Affairs overheard defendant Taylor cal but sure es overheard the remark . FCI MEMPHIS - Demetrius Hutcherson (Inmate Death)- Michael Pybas has utilized the attorney work-product privilege to order an investigation into the death of FCI Memphis inmate, Demetrius Hutcherson. Inmate Hutcherson committed suicide by hanging himself with his belt, on .April 21, 2001. The FBI is a lso investigating this incident. FCI MANCHESTER - Kenneth Allen (Victim of beating by escaped inmate) Civilian Kenneth Allen has filed a request for reconsideration of his $100,084 . 00 administrative claim, which was filed after he was beaten by an escapee from Manchester Camp. Mr. Allen has also sent copies of his request to Kentucky Senator Mitch McConnel and Congressman Hal ... .. . Rogers. .- ". We denied the clai m based on the Discretionary Function FCI CUMBERLAND - Facundo v. United States - The District Court granted Summary Judgment in favor of the Government in this FTCA case involving negligent classification , medical care, dental care, and concerns with placement in IFRP refuse status . In a comprehensive decision by District Judge Andre Davis of the District of Maryland, it was determined that the discretionary function exception shielded the Bureau from FTCA liabilit y arising from classification of .inmates . . ' Regarding medical and dental care, "The evidence in this case indicates a level of concern for. and prompt responses to Facundo's needs; he does not raise the faintest hint of medical malpractice." Concerning IFRP the Court noted that inmates are not required to participate in IFRP; however, "they are not free to stop the payments and continue to receive the benefits afforded those who live up to their voluntarily accepted obligations . " SETTLEMENTS: FCI MILAN - Billie Nediffer IFTCA Administrative Claim) - We have offered $20,000 to plaintiff's attorney in this failure to treat case out of FDC Milan . Inmate Nediffer suffered damages when he was not treated for drug withdrawal. Pla intiff's last demand was $150, 000. This medical malprac tice case has been approved for settlement negotiations by Dr. Ke nd ig. UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS: 4101 Page 3 MXR Monthly Report FCI MEMPHIS - Cockerell, et ux . v. United States - At the pre-tri a l conference the court referred the matter to a Magistrate for settlement conference scheduled for May 21. The trial will be held approximately 30 days thereafter i f a settlement cannot be reached. A memo is being forwarded to the Litigation Branch seeking settlement authority in this claim brought by a Memphis Police Officer who broke his back after falling off a rope on the SORT training course at FCI Memphis . (- FCI MANCHESTER - Palasty v . Hawk - (Ensign Amendment Case) - DOJ has filed a response to appellant's brief in the 6'" Circuit . DOJ is concerned that the 6'" Circuit has decided to hear this case . Given that concern, DOJ has argued that appellants did not file a timely appeal of the District Court's decision to uphold the Ensign Amendment, but only properl y appealed the decisions on class certification and exhaustion o f administrative remedies. FPC CUMBERLAND - Alicia Daniels-L·e wis , attorney, Mid-Atlantic Regional Office, attended a deposition in the case of FPC Cumberland employee Kathy Reed v . Ecolab, Inc. While the BOP is not a party to this law suit, Ms. Reed alleges she sustained injuries while combining bleach in the laundry . Basically Ms. Reed's cause of action is based on strict liability, however, the BOP is concerned that Ecolab may attempt to bring us in as a third party defendant on the basis that the bleach was tampered with or stored improperly. FCI CUMBERLAND - Lugo v . Gunja - This habeas case brough t by a D.C. Code inmate directly involves educational good time credits for D.C. inmates. The case also involves complex questions about t he applicability of industrial goo d time and meritorious good time under 18 U.S.C . § 4162 and D . C. Code provisions. We are working closely with ISM at the institutional, regional, and central office levels, and with Legislative and Correctional Issues Branch to be sure about the inmate's sentence computation and the Bureau's response (due on May 9, 2001) in the District of Maryland. CRIMINAL: FCI BECKLEY - Matthew Garvey, Reg . No. 33417-037, was indicted in September for Possession of Contraband (a weapon). He pled guilty to the charge in January 2001 . He was sentenced April 9, 2001 to 27 months consecutive. 111 (a ) ( 1 ) and c harges stem from the disturbance at Fer Bec k le y in December 199 9 . Discovery c o ntinues as we prepare for trial . Trial is scheduled for May 30-31. FCI BECKLEY 31, 2001, for Possess on set t o begin May 22, 2 00 1 . f o rmer Chaplin, was indicted on January In t ent t o Distribute Heroin . Trial is Fcr BE CKLEY - Abu Shakur , Re g . No. 16 3 91-016, was indicted Ap r i l 4, 200 0 , for assaulting a staff member . He was sentenced to 10 years 4102 ( . Page 4 MXR Monthl y Report consecut. i ve on September 13, 2000. In Apri l , inmate Shakur's sentence was affirmed by the Fourth Circuit. FMC LEXINGTON - Former FMC Lexington female camp inmates Lisa Contreras, 05982-030, and Chris tine Mahoney, 07661-040, were sentenced to eight. months each for their escape from Atwood Camp on October 7, 2000. They will serve their sentences consecutive to their current sentences. FMC LEXINGTON - On April 16, 2001, Dominic Palazzola, 53757 - 097, pled guilty t.o second degree murder for the death of inmate Tracy Hearlson at FMC Lexington in September 1998. i ve a sentence in the range of 262 to 327 months. has not yet agreed to plead, and his trial ha the summer or next fall. \ SITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: FMC LEXINGTON - Joe Tang assi sted AU SA John Barton in the District of the resolution of a home detention issue regarding inmate community a locally-prominent businessman who had the local essuring the sentencing judge for release. AUSA John Barton recognized Judge Ross Anderson wanted a resolution involving ( home detention or confinement, so an agreed order between the ' AUSA and defense counsel was entered wh ich indicated~received proper care for his brittle diabetes at FMC Lexington, but given his unique medical condition , his sentence is reduced to time served and he is ordered to serve home detention . This case was highly unusual because the sentencing judge claimed to preserve jurisdiction after sentencing because he did not rule on a medical downward departure motion, and the judge had appointed inmate personal physician and friend as court expert t o "inspect" FMC Lexington for (request denied). However, after significant efforts of FMC LeXing.,tiioiin• •iiina assisting the AUSA to uphold our reputation in caring for _ and the interests the AUSA and defense couns ~ FCI PETERSBURG - Inmate filed an administrative remedy claiming he is illiterate, telephone limit is not enough to maintain family ties since cannot read or write. His remedy was denied based upon the rationale provided by the Central Office. It was also noted that he has been enrolled in the GED program which will improve his literacy (it' s debatable whether he is actually il literate ). It was also noted that from April 1" through 18", he made a total of 42 telephone calls. Personnel Issues: . -- . - . ,- --- 4103 - _nC V' . - - -.. -.-------------~ Page 7 MXR Monthly Report i I e::I !i ( 4104 Page 8 MXR Monthly Report ( Mid-Atlantic Region Litigat;on for the Month of April 2001 MARO Consolidated Legal Center Bivens HC FTCA Other FCr CUM FCr MEM FCr MRG MXR Hazelto n Ohio 3 1 0 0 0 0 0 0 0 0 0 0 3 " : .- 0 ~ 0 0 0 -. 0 • 0 0 4 Lexington Consolidated Legal Center HC FTCA Biven s 0 0 1 FMC LEX 0 0 FCr ASH 0 0 0 0 FCr MAN 0 0 BiCI Sandy 0 0 0 McCreary 0 0 1 0 Bivens aag:Lcmal Total 2 F::: BUT FC! PET ?::"'T' MED FFC SE'r : .: 0 Co. (IL.· 0 v 0 0 0 -:-o~a: 0 0 :: oJ J = .: 0 : 1 1 1 0 II 0 0 ') v Total .. ~ ;j 1 ,) C ... v ~ :) 0 W~nton 0 ;;, c 'JA Q ~ 0 v v 2 0 0 1 3 0 Beckley Consolidated Legal Center FTCA Other Biven HC s FCI BEC FPC ALD ;;S? LEE \:::'envill 0 0 ,) :'or.:rac:s O:hel' ,.. Butner Consolidated Legal Center Biven HC F'I'CA Other s 7o:a: Q Total 1 0 0 0 0 0 0 1 0 0 0 0 0 0 Ii 0 0 0 0 0 0 0 0 1 J 0 1 0 Q o? ~:;).:>well HC 5 \) FTCA Other Total 1 1 9 _---------------i ( 4105 Page 9 MXR Monthly Report I ! ( Mid-Atlantic Region Litigation Year To Date MARO Consolidated Legal Center Other FTCA HC Bivens FCI CUM FCI MEM 5 2 0 2 FCI MRG MXR Hazelto n Ohio Co, 0 0 0 0 0 0 0 0 Q Total 5 "' 0 2 0 0 0 0 0 2 0 0 0 0 0 0 2 7 0 2 11 Lexington Consolidated Biven HC s FMC LEX 2 2 FCI ASH 1 3 0 FCI MAN 2 Big Sandy 0 0 McCreary 0 0 5 .J 5 llegicm&l 'rotal L~ al Center Other FTCA 1 0 0 0 0 0 0 0 0 0 0 1 Butner Consolidated Legal Center nCA Other HC Bivens Total 5 <& FCC aUT FCI PET PET MED FPC SEY Winton VA Contracts C 0 5 8 :. 3 ~ 4 :. 0 0 0 \I 0 0 0 0 0 0 0 :) 0 0 3 4 0 2 2 -l 0 0 0 0 0 0 0 4 0 2 1 0 0 0 0 1 0 5 12 Total 7 0 0 0 0 0 0 0 0 0 0 7 0 0 11 Bivens He FTCA :;tn.::.I.' Total 13 19 1 a 41 4106 0 0 0 0 0 Beckley Consolidated ~egal Center Bivens HC FTCA Other FCI BEC FPC ALD USP LEE Glenville McDowell Total 3 UNITED STATES GOVERNMENT memorandum j·A.F.: ~~uru June 7, 200 IMid-Atlantic ATTN OF: Bill Burlington, Regional Counsel Mid-Atlantic Region SUBJECT: May 2001 Monthly Report ~" AnN: Regional Office, Annapolis Junction, HD ~0701 Christopher Erlewine, General Counsel Linda DuBose, Executive Assistant ADMINISTRATIVE RBMBDIBS JAN FEB MJUl APR MAY Received Answered 167 144 114 170 138 115 122 103 149 180 TORT CLAIMS JAN FEB MU. APR MAY JON JtJL AUG SliP OCT NOV DBC JON JtJL AUG SliP OCT NOV DBC . 180 146 139 128 113 Pending 27 39 36 34 33 Received # 33 66 41 35 39 Answered tt 146 139 128 113 120 Pending 3* 2 3 2 2 # Over Six Month *Three are Serious personal injury cases still under review. . ( r·/PRIVACY JAN 33 # Pending 45 # Received 48 # Answered 32 # Pending 1 # Over 20 Working Days *Awaiting files from archives . LITIGATION JAN I'BB MU. ~ JON JOL AUG SSP OCT HOV DBC JON JOL AUG SliP 0C'l NOV DIIC MJ\Y 45 33 32 36 56 63 39 46 61 54 40 43 45 38 33 36 2* 4 3 2 on both requests FEB !GUt APR 79 174 Cases Pending 9 8 11 13 New Cases Received 5 7 3 4 Habeas Corpus 2 3 5 3 Bivens 1 0 0 0 FTCA 1 2 2 3 Other 7 Cases Closed 79 81 Cases Pending 13 11 8 9 Lit Reports Completed 0 0 1 0 Cases/Hearings or Trials 1 0 1 1 Settlements/Awards $100. $22. $375. 0 $ Settlements/Awards ($ in Thousands) 4115 MAY 81 4 3 1 0 0 10 75 13 1 1 $50.0 Page 2 MXR Monthly Report SIGNIFX~T DECISIONS OR ADVERSE DECISIONS: FMC LEXXNGTON - Berry v. Thoms - Judge Wilhoit dismissed an Eighth Amendmen1: failure to protect Bivens lawsuit against a correctional officer and counselor for Plaintiff's failure to exhaust administrative remedies. Plaintiff was assaulted in his , housing unit by anothe r inmate and did not file sui t until near 1 y a year a fter the assault. He did not file any administrative remedies but merely sent a cop-out to Attorney !oe, Tang. Plaintiff argued this constituted" substantial comp11ance w1th the remedy system, espec1ally S1nce he could not receive money through the remedy system. SETTLEMENTS: MXR CLC - Cockerell v. U.S. - At the May 21" settlement conference, we settled this personal injury case for $50', 000. We had been authorized to go as high as $60,000, given the significant injuries suffered by plaintiff. This case involved a Memphis police officer who was severely injured while training on the FCI Memphis SORT course . As a result of this case, each MXR CLC supervisor has been asked to review the agreements which institutions have drafted regarding use of their facilities FCI MILAN - We continue to make good progress in our efforts to sett this FTCA~e claim, wherein the estate of former FOC Milan inmate ~sues for personal injury suffered when medical nize the eff f UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS: MXR CLC - copy of a a pretrial inmate monthly phone limit as it applies to attorneys placed on the inmate's telephone list. The motion alleged that Wilson had exhausted his 300 minutes by May 18, 2001, that staff informed him he would not be allowed to use the telephone (including calls to his attorneys), until June 2001. Wilson sought "unrestricted telephone calls to counsel rather than including legal calls in his monthly allotment." Before the government could respond, , the Judge ruled (May 29, 2001) in favor of Wilson, granted his motion and ordered FCI, Memphis to "not include any of Bryant Wilson's telephone calls to counsel representing him within the 300 minutes of telephone use per month he is allowed." On May 31, 2001, the MXR CLC sent a letter with attachments to the AUSA outlining the three methods of communication with attorneys (including two types of phone calls). We demonstrated that Wilson had been informed about placing properly requested legal calls on unmonitored phones and that he in fact had requested at least one. We explained that if he chose to put his at torneys on his phone list, then he was agreeing that calls made to them o n inmate phones would be monitored and would count again s t his 300 minutes, but that doing so would not 4116 ( ( Page 3 MXR Monthly Report prohibit him from making requests for unmonitored legal calls that would not count against his minutes and that he could make such calls to the extent staff resources would allow. We also pointed out that none of the 300 minutes of telephone calls made during the month were to the numbers listed for his attorneys. This letter was attached as an exhibit to the government's mot ion for reconsideration or clarification. CRIMINAL: BECKLEY CLC - ~ were previously indicted for Assault (18 U.S.C. 111(a) (1) and 11l(b)). The charges stern from the disturbance at FCI Beckley in December 1999. Discovery continues as we prepare for trial. The trial, scheduled for May 30-31, has been postponed. former Chaplin, was indicted on January FCI BECKLEY with Intent to Distribute Heroin. Trial, set 2001, for 31, for May 22, 2001, has been rescheduled for July 17, . 2001. ---.----- ( FMC LEXINGTON has agreed to plead guilty to Voluntary Manslaughter resulting in the death of inmate Tracy Hearlson at FMC Lexington in September 1998. This will result in a senterice in the range of seven to eight years. This plea would bring closure to the Hearlson homicide case and the FTCA civil case arising out of Hearlson's murder will be reopened. SITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: FCI MANCHESTER - Civi lian ~as been offered $279.10, for his role in help i ng to appreherid an escapee from Manchester Camp. At the same time, we have denied tort claim, wherein ~e seeks over S100,OOO for he fe RALEIGH CCM OFFICE - Inmate is being retained at the halfway house in Charleston, est Virginia, as a result of an inquiry to the Director by his sentencing judge, Joseph Goodwin. After initiall y designating to a halfway house for service of his 15 month sentence, we rece~ved a request from the Tax Division, citing the 10~ limitation in 18 U.S.C. §3624(c), asking BOP to place in a BOP facility. When the Judge learned of our plans to move . . to the Beckley Camp, he wrote the Director obj ecting to the re-designation, quoting BOP staff who told him we make direct court commitments to halfway houses when the sentence is 18 months or less. We are working with Paul Layer o n a response to J udge Goodwin. ( FMC LEXINGTON - Atwood Camp inmates are filing motions with their 4117 \ ~~C- ~ "'. Page 5 MXR Monthly Repprt • "'>- ...... ;,: " ;. '" ::;;" (, ... Page 6 MXR Monthly Report (. ( .... MAFn " Mid-Atlantic ~icn Litigation for the Month of May 2001 :~~.' u Bj vc.ul~ rei <"'ITM FeI HEM " (l F'CI MRG ........ '\: • j ·i,I' '-'1 i.&!.)-t: r FI"A II .1 (l r. n il (I (\' hur ,. fI T··t ..• : w: (: ,I,: I' t' (l FICA Oth,':' r ," 0 fl i,-.'''''; ('I II (I (I MXR I' n I' f: I, II r. (1 Ha:::eltc:. n Ohj(. I' I' n II I: CI n n :' (~ /I it II i' 0 0 0 0 0 2 l~ Ct· •• 0 1 :\ 1,J~:·: I r.!.9.t (In {·fi!:~ •. :4 ~ c· F'M" LE:, f'I::J A:.-'H :t rr:1 MAN (I lUg ~;~rl'1' MI..·r::r~dr'· • I: I~ [. " 0 i;:. '1,",: .' ;~ Il 0 (l .. I' o 0 ;.:0 .. ' : LaQ ... i C.-r.tQr Or.IIPr rTCA ;.s()ll.j~t~ ..j HC .' -t Hi·...·HI 0 1 i .. . ." o 0 E 1\ il I' il ,1 :1 ;1 0 0 il (l C- O 2 0 0 2 lit lte(p.oD&l. 'l'otal. T,.... t:11 h~' I' r n ,~ I' II 'I\:tt1 J .. I I I I -' I ( 4119 page 7 MXR Monthly Report ..·,.,.t ..ar (l! t.~~:. " ., FY:I t-IF"" FeI MRG n n 11 ~ n n n '1 (l ('I j. II (I I' 2 , I: o 2 11 1\ ('I rT" Ohj·., ~. n'?:~j ~1.:1 ~:~", itt. r.! . ':. " VA , fl . '. ...,.. ...... : rr-r ire:' !:r:i (I o MXR II.. ::'! 1te.' It II;;' I"·!.·,: .....• , ., ••• C"'l1~t'l 'lens .; idated 1·efl'll Cen\~r m hP.l He FTCI'. r, Q (l () 11 (l (I 0 (l 0 {l {l (l (l (1 (I 0 ('I (1 0 ] n o 0 S .. 0 S ~a Cp.flt ... r i .• •...... : '-"lit HIWJII W' F'M(' I ,F.:,: Fi"" ,\! .. 0, tlf;>r (I 5 5 FICA 1 Oth~r (1 TN.t! h 0 ('I (1 ('I () (l ('I (1 0 (I 0 ('I (l ., 0 " (l 0 I ~r.:" A:.~ (l '. 'i I.l-:r. ::; ... ,:\. i i i " r F" • I HAN H'- " : \'I'U~ n (\ ('I r: o 1 2 1 6 Q 11 ;; . : bgtOD&1 'rotal : "':" 01 tl" r 'rot .• I I i 4 ~. I I ! i!., ( _._- .. ..... , 4120 ~. _J UNITED STATES GOVERNMENT memorandum( DATE. July 6, 200 lMld-Atlantic Ami OF, Bill Burlington, Regional Counsel Mid-Atlantic Region SUBJECT. June 2001 Monthly Report REPLY TO TO. ATm. Reglonal Office. Annapolis Junctlon. MD 2070~ Christopher Erlewine, General Counsel Linda DuBose, Executive Assistant ADMINISTRATIVE RBMBDIBS JAN PEB MAR APR MAY JON Received Answered 167 144 114 170 138 115 122 103 149 180 131 113 TORT CLAIMS JAN PEB MAR APR MAY JON Jt1L AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC # Pending 180 146 139 128 113 113 # Received 27 39 36 34 33 34 # Answered 66 41 35 39 33 25 # Pending 146 139 128 113 120 124 # Over Six Month 2 2 2 3 3 4* *Three are Serious personal injury cases still under review. /PRIVACY JAN PEB MAR APR MAY JON # Pending 33 # Received 45 # Answered 48 # Pending 32 # .Over 20 Working Days 1 *Awaiting files from archives 32 36 33 45 46 39 63 56 43 40 54 61 36 33 45 38 2 3 4 2 on one requests 38 49 46 37* 3* LITIGATION FEB MAY JON 81 4 75 13 JAN MAR APR Cases Pending 174 79 New Cases Received 13 11 8 9 Habeas Corpus 7 4 3 5 Bivens 3 5 3 2 FTCA o 0 o 1 Other 3 2 2 1 Cases Closed 7 Cases Pending 79 81 Lit Reports Completed 13 11 8 9 Cases/Hearings or Trials o 1 o 0 Settlements/Awards 1 0 1 1 $ Settlements/Awards $100. $22. $375. 0 ($ in Thousands) 3 5 1 5 o 1 2 o 10 10 75 78 13 6 1 1 0 0 $50.0 4140 JUL AUG SEP OCT NOV DEC Jt1L AUG SEP OCT NOV DEC o ( Page 2 MXR Monthly Report ( SIGNIFI CANT DECISIONS OR ADVERSE DECI SIONS: FCI MANCHESTER - Palasty v. Hawk (Ensign Amendment Suit) - The Sixth Circuit has affirmed the dismissal of this attempted class action challenge to the Ensign Amendment's limitation on receiving sexually explicit publications . The Court dismissed the case, finding that an inmate could not adequately represent the class of 60 inmates, and that the one plaintiff who exhausted administrative remedies, did not file a timely challenge to the lower court's finding that the Ensign Amendment did not violate the inmate's First Amendment rights. FCI CUMBERLAND - Burrell v. Gunja - We received a very favorable ruling supporting our reduction of the rate of good time given to an inmate who refused to attend a mandatory literacy program, under 18 U.S.C . § 3624 (f). In essence, the court held that Sandin stands for the proposition that earned good time cannot be taken without procedural due process protections, but there is no "liberty interest" involved in the mere opportunity to earn good time . Given the impact of this decision, especially with District of Columbia inmates, we have asked that this opinion be published. FCI LEXI NGTON - McGee v. Thoms - Judge Forester dismissed this 3621(e) habeas petition based upon mootness because McGee had been expelled f r om the RDAP. However, the dicta from the opinion indicates the Court does not believe the BOP has the authority to categorically deny inmates early release based upon pre-conviction behavior prior to sed in ( ~. FCI CUMBERLAND - Lugo v. Gunja - Petitioner is a D.C. inmate currently incarcerated at FCI, Cumberland. He filed a petition seeking the award of meritorious goad time credits and educational good time credits earned while in BOP custody . We argued that the meritorious good time credits sec tion of the D.C . Code (and by analogy 1 8 U. S.C . § 4162) is wholly discretionary and theref or e does not create protected liberty interest in receiving such credits. The court dismissed this issue with prejudice holding that petitioner "plainly has no statutory or constitutional right to receive them, as their award is utterly discretionary by statute . " Although we conceded that Petitioner was probably entitled to receive educational good time credits, we indicated that we were in the process of implementing our program and . that Petitioner's courses taken while in BOP custody would be reviewed to see what, if any, credits he would be entitled. The court dismissed this portion as not ripe stating that the credit involved would have no effect at present except to advance his parole eligibilit y date, but because no decision had yet been made to withhold such credits he is not y et being confined in v iolation of the constitution or any laws. This issue was dismissed without prejudice. SETTLEMENTS : FCI MI LAN - Billy Nidiffer - We continue our efforts to settle this FTCA administrative claim, wherein the estate of former FDC Milan inmate Billy Nidiffer sues for personal injury suffered when medical staff failed to recognize the effects of drug and alcohol withdrawal. 4141 Page 3 MXR Monthly Report We have now offered $35,000, in response to plaintiff's latest offer of $90,000, C" UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS: FCI MEMPHIS - U is a previously reported case in which pre-tri challenged the 300 minute limit on monitored telephone t ruled prior to hearing from the government and ordered that calls to Wilson's attorneys placed on the ITS II system not be counted against his 300 minute limit . The court has not yet ruled on the government's motion for clarification but did acknowledge in court that she had ruled before the government was given a chance to respond. Wilson has since filed a motion for a transfer from FCI/FDC Memphis stating that his legal visits, telephone privileges and access to legal materials are inadequate. He also alleges that staff, including the warden, Associate Warden and Correctional Counselor have threatened retaliation for his allegations. This is a high-profile, capital murder case involving several armed bank robberies, the last of which included the homicide of a 79 year-old bank customer. The government is contemplating seeking the death penalty and the state has already indicated it will seek the death penalty. A cooperating witness is being held in the CCA facility in Mason, Tennessee, the facility Wilson has requested to be transferred to. The U. S. Attorney's office took great steps to see that Wilson would be housed at FCI/FDC Memphis and made arrangements with the USMS to place him there and to keep him separate from the cooperating co-defendant . Therefore, the AUSA is opposing the motion . The AUSA is also opposing the motion as factuall y false and has indicated the government's willingness to have a hearing on the matter . tf"[C./ (" . CRIMINAL: LSCI BUTNER Marijuana, and Contraband, as Butner, pled guilty to Possession of guilt y to Introduction of a conspiracy to introduce drugs into LSCI FCI BUTNER - Inmate is charged with killing another inmate at FCI Butner . s currently scheduled for trial in the Eastern District of rolina the week of July 23, 2001. However, according tolllllllllllcompetency evaluation, he is not competent to stand tri~e charges. Accordingly, the U,S , Attorney's Office may decide to dismiss the charges. FCI._ BECKLEY - Inmate _ were prevl.ous ~urbance at FCI Beckley in December 1999. Discovery continues as we prepare for trial . The trial was postponed from May 30-31, , former Chapla i n , was indicted on January FCI BECKLEY th I nt ent t o Distribu te Heroin. The trial 31, 20 0 1 , for It wi ll likely be postponed. has been rescheduled for Jul y 1 7 , 20 01 . 4142 (. ( Page 4 MXR Monthly Report FPC ALDERSON former Correctional Officer, has been indicated for Abusive Sexual Contact in violation of 18 U.S.C. §2244. Trial has been rescheduled for September 5, 2001. 4143 Page 5 (, MXR Monthly Report ITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: (Raleigh CCM Office) - Inmate fway house in Charleston, West inquiry to the Director by his sentencing judge, After initially designating Spears to a halfway service of his 15 month sentence, we received a request from citing the 1 0 % lim~tation in 18 U. S . C . §3624 (c ) , t o BOP facilit y . When the Judge learned of our plans to to the Beckley Camp, he wrote the Director objecting to the re-de ion, quoting BOP staff who told him we make direct court commitments to halfway houses when the sentence is 18 months or less . We are working with Paul Layer on a response to Judge Goodwin . FPC ALDERSON - We hav e just denied the tort claim of Alderson who claims she was sexually assaulted by a male staff member . In fact, the former staff member has been indicted, and will go to trial this July . We denied the tort claim, citing West Virginia agency law that supports our position that the male employee was not acting within the scope of his duties when he sexually assaulted inmate Craig . BUTNER CLC - Involuntary Medication Hearings - Recently Butner has had an increase in the number of involuntary medication cases where the hearing officer determined that a pretrial inmate was not dangerous, and the only reason to treat him was to restore his competency f o r trial (i.e. Brandon ) . All have been referred back to the AUSA to determine whether the court wants to hold its own involuntary medication hearing . Currently there are three such cases outstanding, and one has been scheduled for hearing in the S . D. N.Y. on September 9, 2001. c., Personnel Issues: bLo Staff Leave and Travel - July 16 & 1 7 30 J ul y 19 Beckley and Lee County An nual Leav e - -~ - - Jul y 2- 3 - Annual Le ave 4144 _.. .. _"., , --..... __--------_._--,---- ----_. __ . ._. ',. _........--_.- .. -_. ---'--'" . Page 7 MXR Monthly Report (., '~" ,.~., .. ,: _ . . - - _ _ _ _ _ _ _ ,.. _ _ _ _ _ ..........--...._~ . . . . . . . _ _- - _. . . . . . . . . . . . . . . . . . . . . . . . _ _ ,0 • • • ' ...... . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , _ ... _ (~-.. ,>,~ ·~:4145 •• ___ , ••• _ ••••••• _ _• . , _. . . . . . . _ , . - • •, - . . . . . . . . . . . . "" . . . . , , - ... _ _ _ _ . . . . . . . . . . . . . . . . . . . Page 8 MXR Monthly Report Mid-Atlantic Region Litigation for the Month of JUDe 2001 MARO Consolidated Le~al Center Other HC FTCA Bivens FCI FCI 0 0 0 0 CUM HEM FCI MRG MXR Hazelto n Ohio Co. 0 0 0 0 0 0 0 0 Contracts 0 0 0 0 0 0 0 0 McCre~ry 0 1 0 1 aqiozaa1 Total 0 0 0 0 0 0 0 C c .:: 0 0 0 0 0 C 3 2 0 2 7 0 1 0 0 C Beckley Consolidated Legal Center Biven Other HC FTCA s Total FCI BEC FPC ALD USP LEE Glenvill e McDowell 1 1 0 0 0 2 0 2 0 : .t. Total 0 0 0 2 2 0 0 0 0 0 1 0 0 0 0 0 0 0 2 0 1 C 0 , 1 1 0 Bivens HC FTCA Other Total 5 5 1 2 13 4146 :: 2 0 0 1 0 1 0 0 0 2 VA Lexington Consolidated Legal Center Biven HC Other FTCA s FMC LEX 0 0 1 0 0 FCI ASH 1 0 0 FCI MAN 0 0 0 0 Big Sandy 0 0 0 0 T.:Ital S 0 0 0 0 0 0 0 0 0 FCC BUT FCI PET PET MED FPC SEY Winton 0 0 0 0 0 0 Butner Consolidated Legal Center Biven Other HC FTCA Total c· Page 9 MXR Monthly Report ( Mid-Atlantic Region Litigation Year To Date MARO Consolidated Legal Cent.er Bivens HC FTCA Other FCI CUM FCI HEM 0 FCI MRG MXR Hazelto n Ohio Co. 2 5 2 0 0 0 0 S 4 0 0 0 0 0 0 0 0 0 0 2 0 0 2 0 0 0 0 0 0 0 2 11 , 2 Lexington Consolidated Biven HC s FMC LEX FCI ASH FCI MAN Big Sandy McCreary 2 2 2 0 0 , 3 3 0 0 0 , Center FTCA Other But.ner Consolidated Legal Cent.er Blvens HC FTCA Other Total FCC BUT FCI PET PET MED FPC SEY Wlnton VA Contracts 1 0 0 0 0 1 0 .egiOllal Total FCI BEC FPC ALe USP LEE GleO'ltllle McDowell Total 6 5 2 0 2 4 0 0 0 0 0 0 0 1 0 8 6 0 7 0 0 0 0 0 0 0 0 0 0 , 2 1 C : 0 3 8 0 0 0 0 8 2 0 13 C 0 HC :.,-1"'\ Other Total 27 .. 10 58 ~-.-.--.- ..-..--. -- -_..•. 4147 , Total 0 19 ..... 21 U. 2 Bivens , -.-~ H .; 0 J C' 1 0 0 0 0 0 13' ''- .. Total 1 1 0 0 0 0 c ----.-.--.- ..--......•.---.--.--. -_.. 1 Beckley Consolidated LeQal Center Bivens Other HC FTCA Le~al 0 0 0 0 0 6 UNITED STATES GOVERNMENT memorandum ( ;·ATF.: August 7, 200 IMid-Atlantic ATTN (Jr.: Bill Burlington, Regional Counsel Mid-Atlantic Region r-(l~,'r.I'T: July 2001 Monthly Report RUUro TO: /lTTH: Regional Office, Annapolis Junction, HO 20701 Christopher Erlewine, General Counsel Linda DuBose , Executive Assistant l\DmNZSTRATXW DMBDZES JAN FEB MAR APR MAY JON JUL Received Answered 167 144 114 170 138 115 122 103 149 180 131 113 126 127 TORT CLAD(S JAN DB MAR APR MAY JON JOL AUG SEP OCT NOV DEC AUG SEP OCT NOV DEC SEP ()CtI NOV DEC 180 146 139 128 113 113 124 # Pending 27 34 50 34 33 39 36 # Received 16 25 66 41 35 39 33 # Answered 146 139 128 113 120 124 159 # Pending 2 2 3 3 4 4* 2 # Over Six Month *Three are serious personal i~jury cases still under review. ( F(\T IPRXVACY JAN FEB MAR APR MAY JON JOL AUG 33 45 48 # Answered 32 # Pending 1 # Over 20 Working Days *Awaiting files from archives mailed. 36 32 33 45 46 39 63 56 43 40 61 54 33 38 36 45 3 2 4 2 on two requests; as 37 38 49 53 46 60 37 33 4* 3 of 8-6-01 other two have been LITIGATION FEB MAY JON .nn. AUG 81 4 3 1 0 0 10 75 13 1 75 13 5 5 1 2 10 78 6 0 78 7 0 2 3 1 0 # t'ending' # Received JAN MAR APR 174 79 Cases Pending 11 New Cases Received 13 8 9 7 4 3 5 Habeas Corpus 5 3 3 2 Bivens FTCA 0 0 0 1 2 3 2 1 Other 7 Cases Closed 79 81 Cases Pending Lit Reports Completed 8 9 13 11 Cases/Hearings or Trials 0 1 0 0 Settlements/Awards 1 1 1 0 $ Settlements/Awards $100. $22. $375. 0 ($ in Thousands) 4159 $50.0 2 3 81 10 0 0 0 0 SEP OCT NOV DEC Page 2 MXR Monthly Report SIGNIFICANT DECISIONS OR ADVERSE DECISIONS : ( \. BUTNER CLC - Russell Weston v. United States - The District of Columbia Circuit has affirmed the District Court's decision t hat the Bureau of Prisons may involuntarily medicate Russell Weston, in order to restore his competence to stand trial . The opinion is somewhat confusing, but generally favorable to the Bureau. So far, medication has not been administered to inmate Weston, as the defense has indicated they will immediately file an appeal to the Supreme Court. et confirmed that a re t for a has been filed. LEXINGTON CLC - Gary Lynn Wilder v. Thoms - Judge forester dismissed the petition for writ of habeas corpus with prejudice. Wilder challenged his ineligibility for early release and the timing of his provisional eligibility determination . In dicta from another case , McGee v. Thoms, Judge forester had indicated he believed the BOP did not have the discretion to make eligibility determinations until after RDAP graduation. We filed a su pplemen tal response in Wilder after the McGee opinion was issued, arguing Lopez allows pre program eligibility determination . The dismissal in Wilder was based upon Wil.der ' s alleged admission that Lopez did control after RDAP graduation, which Judge fore SETTLEMENTS : FCI MILAN - Bllly Nidiffer v. united States - We are pleased to report that we have reached a tentative settlement of this medical malpractice case for ~50,000 . This is the case where medical staff at FDC Milan failed to recognize that inmate Nidiffer was having serious due to his withdrawal from alcohol and narcotics. bS UPDATE ON CASES , TRIALS OR HEARINGS , ETC. NOTED IN PRIOR REPORTS : LEXINGTON CLC - Lillian Rose, Administratrix of the Estate of Robert Rose v. USA - The Sixth Circuit upheld the Eastern District of Kentucky's dismissal of this FTCA action which a lleged medical malpractice on the part of Fcr Manchester staff resulting in the death o f inmate Rose from a heart attack. The case was tried and the United States moved for summary judgment, which was granted, after Plaintiff's attorney failed to put o n any evidence to prove the element of causa t ion. MARO CLC - Survivors of inmate Howard Reeder, Reg. No. 12413 - 058, have filed a wrongful death action in the District of Maryland. Several days after undergoing angioplasty at a Washington Hospital, inmate Reeder was walking the track at fCI Cumberland. He later died after reporting to Health Services that he was not feeling well. AFIP review of this case is favorable . The inmate 's minor son and wife 4160 Page 3 MXR Month l Y Report each f i 1 ed a tort c l a im for $ 500,000. ( The a re represented by counse l . CLC - Gershen v. U.S . - This is a FTCA case f i led by a BOP employee at FCI Be ckley . The e mplo yee alleges defamation , embarras sment , humiliation, s land er , l o ss of self-este em, e motional d i stress , l o ss of possible career opportunities and wor k place v i o l ence. This c a s e arose out of i n cident during annu al training when a HRM e mpl oyee discu sse d this employee's discipline during the BECKLEY training session . - Fardaei v . Gunja - FCI Cumberland inmate filed a petition for Wri t o f Habeas Corpus seeki ng rein s tatemen t into the RDAP Program , c r edit for time pr ev iously spent in the program, and accelerated counseling . After initially being admitted to the RDAP Program , the new RDAP Coordinat o r reviewed that decision and determined he did not have an adequately documented h i s tory of drug or alco h o l abuse and counse l ing , and removed him from the class. When recor d s of t reatment (received from the inmate's minister) were received , we a dvise d staff to readmit the inmat e int o the RDAP Program . Once he was r ea dmit ted , we then moved to have the case dismissed a s moot . The cou rt gra nt ed our motion, but additionally s ta ted that we had no duty to pe r mit him to remain in the RDAP Program , that the remova l did not amount to an atypica l and significant hardship on the inmate , t h at the decis i on to remove him was not arbitrary and capricious, and that there was no MARO CLC constitutionally protected interest in remaining in the program. CRIMINAL: ( U.S. v. Lisa Lo c khart - The defendant in this case is the sister of an inmate incarcerated at FCI Memphis . On February 29 , 2000, she introduced multiple ball oo ns filled with marijuana and heroin int o the institution, succ essf ully passing th e m to the inmate i n the visiting room. Staf f had confidential information in adva nce MARO CLC - and detain e d the visitor until law enforcement coul d arr i ve. Th e inmate was placed in a dry c ell and the balloons we r e recove r ed . Th e defendant refused to c ooperate with t he ensuing investigation a n d was indicted. Trial is currently schedule d for August 1 5, 2001 . f o rmer Chaplin, was indicted o n Ja n uary ' on w' th Intent to Distribute Heroin. Trial was a nd t hen r escheduled for July 17, 2001. Tria l August 21 , 2 001 . has been scheduled f or BECKLEY CLC 31, 2001 , for set for May 22, SITUATIONS OF INTEREST , CONTACT WITH FEDERAL BENCH , SITES , ETC . : HAZARDOUS WASTE ~ a very unique, request f rom the Navy. Military lnmate . . . . . . . . , has been convlcted of sex ual abuse o f children . As he approached his release date o n his military sentence , he confessed t o ab using approximately 50 other c h i ldren , and indicated he would cont inue s uc h conduct if he is r e le as e d without treatment. In order to receive treatment, he has waived approx imat e ly 2 years of good t i me. He is no w at But ne r for a psyc hiatric evaluat ion. Thi s cas e raises several difficult legal questions , su ch a s what effect sh o uld be given to this waiver , and can the Bureau use 4246 to commit this mi l ita ry p risoner beyond his BUTNER CLC - We 4161 _. -_ .. - _ _._- -_._._ .. __ _.. - - - _._. . _._-- - .--- - . - - - --_. . •.... _ .. - ' - - -' - --"'-' - '- - -" _. - - - _ . . . - --- ._ .-.. _- _.. - - .-.- --.•.. ... __... - - ---.- -- - .. - -- --. - -- Page 4 ( MXR Monthly Report release date. competency evaluation - On July 26 , FMC Butner to Judge Marshall, in whi sent an inte to report. both on our o pinion of addi tional time competence , and the suggested course of treatmen BUTNER CLC - CONTRACT FACILITIES IN VIRGINIA - Jackson v. District of Columbia , (2001 i'lL 765q13) On July 10 " ' , the District of Columbia Circuit issued a decision which contains some language that may impact on our ability to send certain types of DC offenders to our contract facilities in the State of Virginia. The case involves a RFRA challenge to the Bureau's ability to place Muslim and Rastifarian inmates from the District of Columbia into Virginia state facilities , where a short haircut and facial hair policy applies to all inmates. While the court dismissed the case due to failur.e to exhaust, it did indicate that if the inmates do exhaust, the District Court should consider the inmate's argument that a less restrictive approach to accommodating their religious beliefs would be for the BOP to avoid placing Muslim and Rastafarian inmates i nt o Virginia facilities. T-MXR-2000-01Q26 - Inmate filed an administrative tort claim alleging cal malpract le housed at FCI Cumberland. Inmate _ was trea ted for venous insufficiency when in fact cervical cord compression affected his ability to walk. He is now housed at FPC Seymour Johnson. Inmate . . . . . . . . . claim is for $10 million. AFIP's review found delays in diagn~ departures from the standard of care. We are currently preparing a settlement recommendation memo to OGe. MARC CLC - Personnel Issues: 4162 l'.· . -. Page 6 MXR Monthly Report CI -. 4163 Page 7 MXR Monthly Report ~y Hid-At:lantic ltagion Litigation for the Month of MARC') ",'ra~"i id'I!'··1 1.'''l-.i reT ClTH Fel HEM FU WHI~: 1 II" n"A n () ,.I n I' HXR 0 (l Htl:!''i!ltr.- 0 n F'Ci HRG r, "'!II' " f (11"" r i~:1t T(~T" ~ , 0 (l II 0 n n (I (l n n n (It h'~, 1\ ,. FT"A. (' l' II (l (, (I (\ (' (l (l (l 0 (I (l (\ (\ (l I' (\ I' 0 0 0 1 2 ~ n:! HEI' WiT,t ','!. (\ Ohio II 1 r. n n 0 0 1 1 3 ("'. " 1 ~ '~i',"'" .. \OW' L":~ A!;;H reI reT MAN Rill ~ttrl·1', H..·'~l''=!a [ '/ II" II CI !i (l fl 11 II " 0 0 ~'r"1\ " Total to •• , ,: " :. " II I~ " 0 " :1 o : ('pntf~r 01 hf!1 Tul ... i I' n I! (1 i,EI-' ,:,"· .. ",i Ii i· {\ n {\ (l (l (\ (I n 0 2 II ;1 0 l,~~o.t FTI~A t: F"! flF" FI" ,'i,:' 11;'1 n •• ·r l:-t· ~! i· J.t: .'. t W' T.·'"I I, " ~ODal III ( II': l:iv~rl : 2001 I,'·'r ':"fI:'I'"' I jd,·u rod o ~':" •• - •• ~ I : • 'r'. .. CU h.'!" (\ (l (\ 0 2 i,I'.1 ~ II i Ii I r I 4164 Page 8 MXR Monthly Report ( __--------~~----~~--~--~~----------M1~·d~-Atlantic Region Litigation Year To Date r·~I;rl F'C71 r'.lJoj '··':I::;·'! j·fl.,,'.1 1. ... ,.\. rr.I HEM rr.:J f.tRr:: tl " r n HXR "~:ftl t .. II Ohir. '; V'~I. ·1.1'" I I!I' 1 :"., '. !... ;, ....... o ... _ ~ .. I""", ,'. 6 1 :.: ..... .. .,' !.: ' to " i'F" (' n 0 '. I: Ii (' 0 C· \' (. ,I r· I: (1 0 8 , .. I ., ." tf: • o ' •• ~ .:..: 6 f : ::. • ~ ",' i ·1.,1 ,1,' i .f ~'J •• Fir",\ : Of t.t':" :: (, I' " ,~ ·1 ~ (~ 23 • ....'h l l '! I' i .j. --A' ":'t ,. (, Iol 3 " 0 P- ,. " : .. ., j: i' i: r- I' ., .... .... ,. t· ,~ . .. 13 Of·I:.'! F'TC/\ 9 2 FeI HAN 6 :~~:': ." t, /I r," "nn:"!' H" 1 I !-": \' LEX ~~;In.j .., P:l7 t·~r:i W:I.' !I .. Aill .... j·':!:il'··1 :,"11;\! 1·.... fI!'l.·j !. i \'.~:"I~ j't'-:~ jl ~;H H"':,""'r:,' v·· .. ,i ... , 3 FH" rr'} t'l. I'.'!:, r',o\"! r,). ... i to; '!". \ i' I~, 'II:~' :." : " " ,1 (! 1.'1:': I 'lIl!:"'. ('~ :. n :.. ;' '.'·r p','t;',·· ,.-r··" W' Hi """r-: 1', I ... : ! .. ,I II i' t: II ,', 8 • n 0 15 13 .. , I j I I ..1 4165