~~D);eililaili;n~e;;H4iiil"lI-~S~e;;p~tO;-:;11--------------------------------. -----.-.--..-- .
Page 1

(

UNITED STATES GOVERNMENT

memorandum
October 4,· 2001

DATE

ATTN OF:

Bill Burlington, Regional Counsel
Mid-Atlantic Region

S~Ecr:

September 2001 Monthly Report

REPLY TC

reo
A~:

Mld-AtlantlC Regl0nal Office. Annapolis Junction, MO 20701

Christopher Erlewine, General Counsel
Linda DuBose, Executive Assistant

ADMINISTRATrvE REMEDIES

JAN

PEB

MAR

APR

MAY

JON

JDL

AUG

SEP

Received
Answered

167
144

114
170

138
115

122
103

149
180

131
113

126
127

139
153

135
169

TORT CLAIMS

JAN

PEB

MAR

APR

MAY

JON

JtJL

AUG

SEP

OCT

NOV

DEC

OCT

NOV

DEC

159 146
180 146 139 128 113
113
124
# Pending
42
42
27
39
36
34
33
34
50
# Received
52
49
66
41
35
39
33
25
16
# Answered
146 139 128 113
120 124
159 146 140
# Pending
2*
1
2
2
2
3
3
44
# Over Six Month
*Serious personal injury and complex false imprisonment claim still under review.

POI/PRIVACY

JAN

# Pending
33
# Received
45
# Answered
48
# Pending
32
# Over 20 working Days
1
*Awaiting files from archives.

PEB

MAR

APR

MAY

JON

JtJL

AUG

SEP

32
46
43
36
2

36
39
40
33

33
63
54
45

45
56
61
38

38
49
46
37

37
53
60
33

3

4

2

3

4

33
55
53
36
1

36
33
47
22
2*

APR

MAY

JON

JOL

AUG

SEP

75
13

78

81

87

7

9

o

4

6
2

2

3
2

o

LITIGATION

JAN

FEB

MAR

Cases pending
New Cases Received
Habeas Corpus
Bivens

174
13

8

79
9

81

11

7

4

3

5

3

5

3
1

FTCA

o

Other
Cases Closed
Cases Pending
Lit Reports Completed
Cases/Hearings or Trials
Settlements/Awards
$ Settlements/Awards
($ in Thousands)

3

3

o

0
2

2

2
1

1
7

79 81
13 11
o 0
o
1
1
0
1
1
$100. $22. $375. 0
8

9

4

o
o
10
75
13

5
5
1

2

2

2

o

2

10
78

3

3

81
10

87
10

13
80
10

6

o

1
1

1)

$50.0

o

4191

3

o
o
o

o
o
o
1
o $50.0

OCT

NOV

DEC

OCT

NOV

DEC

. VCIQIIIC nUl -

~."C ••HV

I

. ___

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MXR Monthly Report
SIGNIFICANT DECISIONS OR ADVERSE DECISIONS,
LEXINGTON CLC - Antonio Pagan v. Thoms - In this official capacity Bivens

case, Judge Forester opined that the Plaintiff had been provided the
requested relief for his prostate condition, so the case is moot.
However, Forester then entered judgment for the Plaintiff under the theory
he prevailed because he received the requested relief from the Defendants.
This judgment will be appealed.
LEXINGTON CLC - Calvin Matthews v. Neil Brown - In this eth Amendment
Bivens case plaintiff alleges Officer Brown touched his genitals during a
pat search and used racial slurs against him. Judge Wilhoit dismissed the
case on the merits and gave Matthew~ another "strike" under the PLRA.
We
researched Matthews' litigation history across the country and found he
had many more than 3 frivolous suits at FCI Memphis and prior
institutions, and argued 3 strikes in our motion to dismiss.
However, in
another case filed by ~laintiff, an FTCA action, Wilhoit recognized our
argument in this Bivens action and opined Plaintiff had a mere two
strikes. Accordingly, the strike now given Plaintiff in the Bivens
dismissal constitutes Plaintiff's third strike. A memo was prepared, with
a copy of the pleadings attached, and was placed in Matthew's central file
at FCI Ashland. An entry was also made in LawPack indicating Matthews has
three strikes.

SETTLEMENTS.

ive Tort Claim T-MXR-2000-01426 - Inmate ~
led an administrative tort claim alleging medical
ho,used at FCI Cumberland .
Inmate
'as treated 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
alagno8i8 and departures from the standard of care. We received
settlement authority and have offered the claimant $15,000. Shortly
thereafter,
ved a letter from a law firm indicating they are now
representing
They did not mention our offer of settlement. We
are still
a response to our offer.
UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS •

• Myers v . Tommie Smith, et al., FeI Petersburg· This is a
case in which the Plaintiff alleges that a Correctional Officer
to bring
the institution, and threatened to
ff

es . They allege that their right to
freely exercise their religion has been violated because staff will not
alloW them to offer prayer in congregation 5 times a day, as required by
their religion (Islam) . On September 17, 2001, we filed a Motion to
Dismiss or in the alternative for Summary Judgement making several
arguments. We argued that two plaintiffs should be dismissed for failing
to exhaust their administrative remedies ; that defendants are entitled to
qualified immunity; that there is no right to congregate prayer; and even
if there is such a right , the pr i son prohibitions in question were

4192

~ID~el=a~in=e~H~i~II_.~s~e~p~tO~1

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Page 3
MXR Monthly Report

reasonable under Turner and O'Lone.

Noteworthy as well was the

Department' 5 position that since plaintiffs did not raise RFRA, we were
not required to brief it and argue it.
MXRO etc - Reeder v. USA - Fer CUmberland - Survivors of inmate Howard
Reeder, Reg. No . 12413-058, filed a wrongful death action.
Several days
after undergoing angiop!asty at a Washington hospital, inmate Reeder was
exercising by walking the track at FeI Cumberland. He later died after
reporting that he was not feeling well.
AFIP review of BOP action is
favorable.
Inmate's minor 80n and wife each filed a tort claim for
$500,000 . After a thorough investigation of the facts, we determined that
under Maryland law, it appeared that plaintiffs would not be able to
survive a motion for summary judgment.
Therefore, we submi
for
to the U.S.

BECKLEY CLC • Craig v. Martin, et al. - FPC Alderson - This is a pending
Bivens and FTCA action arising from a sexual assault by a former
Correctional Officer. The United States Attorney's Office was notified
today that the Alderson Legal Assistance program of Washington and Lee
Uni versity School of
will :be enter '
che
CRIM%NALI

(

was indicted September 25, 2001,
a
in ' the genital area and knocked
her to the floor.
The United States Attorney's Office was extremely
responsive, resulting in an indictment within a week of the incident.
re previously indicted tor
BECKLEY CLC
The charges stem from the
Assault (18 U.
disturbance at FCI Beckley in December 1999. Discovery continues as we
prepare for trial.
Trial was scheduled for May 30·31, but has now been
postponed.
BECJ<LEY CLC
2001, for Posse

rescheduled for
LEXINGTON CLC • The
AttOrney's Office
Lexington inmate
assault against

tormer Chaplin', was indicted on January 31,
ntent to Distribute Heroin.
Trial has been
9, 2001.

the Lexington CLC are assisting the U.S.
in the case against FPC
, who is being prosecuted for

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

Inmate ~
convicted of sexual abuse of children and sent to FMC Butner as a
potential 18 U.S.C . 54246
After conducting a study, FMC
Butner staff concluded that
is a pedophile with a very serious
potential to engage in future
ent acts against children.
After much
debate about whether pedophilia , meets the definition of mental illness,
arrangements were made to transport inmate _
to Florida, where he
will :be prosecuted on an old state child 8e~Be charge.
BU'l'NER CtC - Military Prisoner - FMC Butner -

was

Concerns at Sussex II (Contract for D.C. prisoners)· Harley Lappin and Tom
Kane met with representatives from the office of Eleanor Holmes Norton

4193

Page

-~~!i0-e Hill - ~ep.t,::O:..:1_ _ _ _ _ _ _ _ __

(

Page 4
MXR Monthly Report
regarding the treatment of D. C. prisoners at Sussex II. Their main
concern involves overly-punitive treatment of inmates by the current
warden and his staff. The D.C. Prisoners Legal Services Project, Inc . ,
has provided us with a list of their concerns, which we will review this

month when we conduct a monitoring visit.
the monitoring team .

Mike Bredenberg will be part of

No Smoking Policy at FMC Butner ~ FMC Butner has a BP-9 which challenges
the non-smoking policy at FMC Butner. and mentions that the CFR mandates

the Warden shall designate smoking areas for inmates. While they have not
cited Webber v. Crabtree, this is the first serious challenge we have had
to the non-smoking policy.
of our new

We learned that an impasse panel will consider
this month .

b'2LEXINGTON CLC - Coleman, Lester, TRT-MXR-2001-04493 - While FCI Manchester
was verifying his sentencing information it was determined that the
Northern District of Illinois had prepared a J&C order with an incorrect
offense date.
The sentence was corrected and verified as an offense date
of March 24, 1990, making Inmate Coleman's term eligible for aggregation.
Based upon the state jail credit, it appears Coleman over served by 158
days.
A damage letter was sent to his counsel on September 6, 2001, and
we are awaiting response.
Dr. Sam Samples (S.D. West Virginia) - I have been working with Sam
Samples to develop language his Chief Judge can use to ensure that state
child support obligations are not overlooked by our staff when determining
an inmate's Financial Responsibility Plan.
Dr . Samples is now the Chief
United States Probation Officer in the Southern District of West Virginia
(Charleston) .
BUTNER CLC - Video-conference equipment provided by Warden Beeler was
installed at the E.D.N.C. court his month.
Personnel Issues:

,

II
I

I
J

4194

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I~D-e-la-i-ne--H-iII---S-e-p-W-1----------------------------------------------------------.__-_-.-.-..-.. -.-..~a~~~:
Page 6
MXR Monthly Report

('

Mid-Atlantic Region Litigation for the Month of September 2001
MARO Consolidated Legal Center
Bivens
HC
FTCA
Other
FCl CUM
FCl MEM

o
o

0
0

0
0

Butner Consolidated Legal Center
Bivens
HC
FTCA
Other

Total

o
o
o
o
o
o

FCC BUT
FCl PET

1

1
0

o

PET MED

FCl MRG
MXR

Hazelton
Ohio Co.

o
o
o
o

o
o
o
o

o

o
o
o
o
o

o

0

0

o
o
o
o

1

1

Other

Total

0
0
0
0
0
0

1
0
1
0
0

o

0

1

0

1

1

FCl BEC
FPC ALD
USP LEE
Glenville
McDowell

2
0
0
0
0
2

0
0
0
0
0
0

Total
2
0
0
0
0
2

0
0
0
0
0
0

0
0
0
0
0
0

2

Bivens
Ragional Total

FPC SEY
Winton
VA Contracts

o
o
o
o
o

Beckley Consolidated Legal Center
HC
FTCA
Other
Bivens

Lexington Consolidated Legal Center
Bivens HC
FTCA
FMC LEX
1
0
0
FCl ASH
0
0
0
0
FCl MAN
1
0
Big Sandy
0
0
0
0
0
0
McCreary
2

o
o
o
o

Total

0
0
1
000
0
0
0
000
0
0
0
0
0
0

HC

2

2

FTCA

Other

Total

0

2

6

Mid-Atlantic Region Litigation Year To Date
FCl CUM
FCl HEM
FCl MRG
MXR

Hazelton
Ohio Co.

c. .

MARO Consolidated Legal Center
FTCA
Bivens
Other
HC
1

6
2

1

1

2

0

0

9
4

0
0
0
0

0
0
0
0

0
0
0
0

0
2
0
0

0
2
0
0

3

8

1

3

15

Lexington Consolidated Legal Center
Bivens HC
FTCA
4
l
1
FMC LEX
FCl ASH
l
l
0
PCl MAN

Total

401

Other

Total

1

9
6
5

o
o

Big Sandy
McCreary

0
0

11

\.

4195

0
0
6

0
0
2

0
0

0
0

1

20

I Delaine Hill - Sept01

Page 7
MXR Monthly Report
Butner Consolidated Legal Center
B1vens
HC
FTCA
Other
FCC Btrr
FCI PET

6
3

o
o
o
o

PET NED
FPC SEY

Winton
VA Contracts

9

3
5
0
0
0

0
0
0
0
0

9
0
0
0
0

1
9

0
0

0
9

Beckley Consolidated Legal Center
Bivens
HC
FTCA
Other

FCI BEC

2
1

FPC ALe
USP LEE

Glenville
McDowell

10
0

o
o
o
o
o

3
1

000
o
0
0
o
0
0

3

Regional Total

10

o

4

Total
18
8

o
o
o
1

27

Total
lS
2

o
o
o
17

Bivens

HC

26

33

FTCA

4196

Other

Total

14

80

Page 1

UNITED STATES GOVERNMENT

memorandum
DATE:

November 6, 2001

AnN OF:

Bill Burlington, Regional Counsel
Mid-Atlantic Region

SUBJECT:

October 2001 Monthly Report

REPLY TO

TO:

~W:

HlC'I-Atlantlc ~eCHonill Offlce, Annapoll!' Jun~·tll'r., M[I 2(1701

Christopher Erlewine, General Counsel
Linda DuBose, Executive Assistant

ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

APR

MAY

JON

JO'L

AUG

SEP

OCT

Received
Answered

167
144

114
170

138
115

122
103

149
180

131
113

126
127

139
153

135
169

142
125

TORT CLAIMS

JAN

FEB

MAR

APR

HAY

JON

JO'L

AUG

SEP

OCT

180 146 139 128 113 113 124 159 146
Pending
27
39
36
34
33
34
50
42
42
Received
66
41
35
39
33
25
16
49
52
Answered
146 139 128 113 120 124 159 146 140
Pending
2
2
2
3
3
4
4
1
2
Over Six Month
·Serious personal injury and comp1ex false imprisonment claim still under
#
#
#
#
#

(.... ..
'

FOI/PRIVACY

JAN

FEB

MAR

APR

HAY

JON

JO'L

AUG

SEP

32
46
43
36
2

36
39
40
33
3

33
63
54
45

38
49
46
37
3

37
53
60
33

33
55
53
36

36
33
47
22

4

45
56
61
38
2

APR

HAY

JON

JO'L

AUG

SEP

79
9

81

75
13

78
7

81

87

3
1

9
4

2

3
2

6
2
2

NOV

DEC

NOV

DEC

140
41
57
133
2·
review.
OCT

NOV

DEC

NOV

DEC

_

# Pending
# Received

# Answered
# Pending
# Over 20 Working Days

33
45
48
32
1

4

1

2

22
40
40
21
1*

·Awaiting file from archives.
LITIGATION

JAN

FEB

MAR

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)

174
13
7

11

8

4
5

3

5

3

2

3

o
3

0
2

o
2

1

1
7

79 81
13 118
9
o
1
o 0
1
1
1
0
S100. S22. $375. 0

4

o
o

5
5
1
2

10
75
13

10
78
6

1
1

$50.0

o
o

o

o

o

OCT

80
5
2

o

3
2
3

o

2

1
2

3

81
10

87
10

13
80
10

8
77
6

o
o
o

o
o
o
1
o $50.0

o
o
O·

(
.................._............. _......_... _. __. _...... __ 1

4233

.

Joyce Zoldak - Oct01

-- ...-- .. ....
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_-_ _.Page
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MXR Monthly Report
SIGNIFICANT DECISIONS OR ADVERSE DECISIONS:
LEXINGTON CLC - Pagan v. Thoms (FMC Lexington) ~ We have submitted our
appeal recommendation in this case. Both the u.s. Attorney's Office and
BOP recommend appeal in this case. Judge Karl Forrester refused to
dismiss this PLRA case for failure to exhaust, and then entered injunctive
relief for plaintiff before finally entering a confusing order which
suggested the case was moot because pla~ntiff had obtained the relief he
requested. The final order stated Flaintiff was granted the relief he
sought.
BUTNER CLC - U.S. v. Salvatore Arena (Butner) - We have just received a
favorable decision allowing Butner staff to involuntarily, but not
forcibly medicate an incompetent defendant. Significantly, the Court
expands the decision in U.S. v. Weston, finding the concept of
dangerousness includes the danger to the community that attends the
unlawful distribution of over 450 kilograms of cocaine. The inmate
insists he will not take the medication unless ordered to do so by the
court.
SETTLEMENTS:

I

HXR CLC - Administrative Tort Claim T-M:-:R-2000-01426 - Inmat
.............., filed an administrative tort claim :llifing
~while housed at FCI Cumberland.
Inmat
was treated for
venous insufficiency when in fact cervical cord compress10n affected his
bilit to walk. He is now housed at FPC Seymour Johnson. Inmate
claim is for S10 million. AFIP's review found delays in
diagno ~s and departures from the standard of care. We received
settlement authority and have offered the claimant $15,000. Shortly
thereafter, ~ved a letter from a law firm indicating they are now
representing.......,. They did not mention our offer of settlement. We
are still await1ng a response to our offer.

Mr

I!
I

I
I

.. l

(.

UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS:
BOTNER CLC - Mayers v. Smith (Petersburg)- This is the Bivens case in
which the Plaintiff alleges that a Correctional Officer agreed to bring
contraband into the institution, and threatened to have the inmate beat
up. The staff member died suddenly of a heart attack this month. We have
notified the court of the defendant's death and are waiting to see if the
plaintiff moves to substitute the defendant's estate.
HXR CLC - Michael Chernesky (Morgantown) - We have an order from Judge
Payne, Eastern District of Virginia, in which he asks us to respond to an
inmate's letter complaining that under the IFRP, his wife is required to
pay money toward his restitution obligation. In his order, Judge Payne
suggests he has "constitutional concerns" with how BOP is implementing the
IFRP. The U.S. Attorney's Office indicates Judge Payne is often an
activist judge vis a vis Executive Branch agencies, and that they fully
expect he will rule against us in this case.
MXR CLC - Byrd, et al. v. Gunja (Cumberland) - Plaintiffs in this case are
a group of Muslim inmates at FCI, Cumberland. They allege that their
right to freely exercise their religion has been vlolated because staff
will not allow them to offer prayer in congregation 5 times a day, as
required by their religion (Islam). We filed a motion for enlargement of
time (Judge has permitted each Plaintiff to file a separate response to
our motion to dismiss) to file a consolidated response to all of the
Plaintiffs' responses to our motion to dismiss. While the judge granted
this motion, he denied our mot~on for reconsider~tion in which we sought

(
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4234

: .~~yce Zoldak. - Oct01

Page 4

Page 4

MXR Monthly Report
Helene Vivian, Regional IFRP Coordinator and Matthew Mellady participated
in a jOint training session with the U.S. Attorney's Office, the U.S.
Probation Office and the Clerk's Office for the United States District
Court (Maryland), focusing on the collection of criminal fines and
restitution and the IFRP program.
Personne1 Issues:

Staff Leave and Trave1

- November 7 & 8 Defense Attorney/Probation Officer
Chattanooga, TN
November 12 to 14 New Attorney Training/Regional Office.
Washington, D.C. Nov. 12-16 New

(.......

training washington, D.C.- Nov 1
.

SIS course at MSTC, Colorado, on Nov. 7-8 .
Honors Attorney Interviews - Washington, D.C. Nov 2 & 5
Cleveland - Nov 6

IIIIIIIIIIIIIII
~

Annapolis Nov. 5-8 - Tort Claims training sponsored by

I
!

_

4235

~.

__ ._. ____ ,•.. _ ... ' . . . . . . __ ... ___ ' .... _ _ _ ...... _____ ........ '...._ ....,._ ....... _ •... __...._ . __ ...... _. _ _ .. _ _.. _ _••• _ 1
~.

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BIG SPRING
Larry Gray, et a1. v. Ronald G. Thompson, et a1 . , No. 01 -CV-1190
(N . D . Tex.)
Former FCI Big Spring inmate alleges .that the
institution was severely overcrowded, which caused a disturbance
in June of 1999.
Plaintiff alleges that he was injured (loss of
one eye) by shotgun rounds which were discharged in order to quell
the disturbance, and that staff subsequently threatened and
harassed him and other inmate witnesses during subsequent
investigation of plaintiff's allega t ions of excessive use of
force.
FCI FORREST CITY
In Fairchild v. Morrison, No . 2:01CV00107JTR (E.D. Ark. ) , the
Magistrate Judge issued a favorable Proposed Findings and
Recommended Disposition on October 15, 20 0 1. The petitioner had
been written up for vi o l a ting Code 213, which was written as
"participating in a work stoppage,
when he exercised a leading
role in a work stoppage and food strike at FCI Bastrop in 1994.
He was found guilty and ordered to forfeit 27 days of good time,
whereupon . he filed a habeas petition. The court chose not to rule
on the factual dispute as t o whether the petitioner properly
exhausted available administrative remedies because lithe merits
are easily resolved against the petitioner. II
II

The court, granting substantial deference to the BOP's
interpretation of its regulations, found that the BOP's
interpretation was rational, since other codes in the list of
offenses (such as rioting in Codes 105 and 106) treat
participation in a prohibited activity the same as encouraging
others to participate in that activity . The court also noted that
an inmate ' s participation in an organized work stoppage (Code 213)
more serious than merely refusing to
Code 306), which the
tioner contends was the proper code.
SIGNIFICANT TORT CLAIMS
USP BEAUMONT

MY

Bryant.
An admini 'S J i I I I I I 'cl a im was
on behalf of inmate
.
Inmate
was assaulted by sta
e
P o n Septe
$l5 milli o n in damages. (TRT-SCR-2001-5 0 43 )

an attorney
claims that he
r~ , 1999.
He seeks
.

Newman.
Two administrat i ve claims have now been filed relating to
the Newman lawsuits menti o ned under significant cases and in our
3

4236

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l.~o~ce Zoldak - oct.rpt.wpd

(
last monthly report. (TRT- SCR-2001-0S034 & TRT-SCR-2001-06807)
FMC CARSWELL

Lead abatement claims - Three former FMC Carswell employees, the
spouse and children of one former Carswell employee, and two
Carswell inmates have filed claims alleging that they sustained
personal injury in connection with a lead abatement project at
Carswell in October 1999. The claimants allege that they were
required to abate and dispose of lead materials without having
been advised of the dangers associated with handling the material
and without having been provided appropriate training and personal
protective equipment.
The former employees and the spouse and children of one former
employee seek co~peJ1Sa
amount of $lS,OOO,OOO.OO each.
(TRT-SCR-2002-06938
TRT-SCR-2002-06940"
TRT-SCR-2
and
TRT-SCR-2002-06939

tIIIIII;

Each inmate claimant seeks compensation in the amount of
$850,000.00. (TRT-SCR-2001 - 0
TRT-SCR-2001-06920

'6

SIGNIFICANT ADMINISTRATIVE REMEDIES

None
UPCOMING TRIALS OR HEARINGS
On November 6, 2001, a 424S mental health commitment hearing on

Carswell inmate Joye Larson was held in absentia as she refused to
attend.
MEDICAL MALPRACTICE
LITIGATION

See Significant Cases above.
TORT CLAIMS

See Significant Torts above.
ENSIGN AMENDMENT

None

4

(

4237

(\

V

PageS

(
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
See Cases with Hearings held section.
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCI BASTROP
Judge R. Hinojosa of the Southern District of Texas, McAllen
Division, visited the institution on November 2, 2001. He teaches
a course on federal sentencing at the University of Texas School
of Law, and he brought his class in order to tour and to discuss
federal sentences with staff and inmates. His prior visit, in
April 2001, was a success.
FCI/FDC OAKDALE/USP POLLOCK
On October 16, 2001, Donald W. Washington was sworn in as the
United States Attorney for the Western District of Louisiana.
USP POLLOCK
Concurrent federal jurisdiction was secured on October 3, 2001,
and will exist until July 2005. In order to ensure necessary
action is taken to secure permanent jurisdiction without lapse,
staff at multiple levels are tracking the matter.

5

4238

: Joyce Zoldak - oct. rpt. wpd

--_....._----_ __._...._...._--------------_.
..

Page 6

CRIMINAL MATTERS AND PROSECUTIONS
USP

BEAUMONT

On October 15, 2001, inmate Van Dugay pled guilty to violating 18
U.S.C. Sec. 1791 (a) (2), Possession of Contraband in a Prison
(Marijuana) .
On October 9, 2001, inmate Cedric Smith was sentenced to 6 months
imprisonment, a two-year term of supervised release, and a $100
special assessment based upon his earlier conviction for
Trafficking in Contraband Articles (Marijuana).
PDC HOUSTON

(

...

On October 24, 2001, Anthony Ray Carter, a former FDC Houston
correctional officer, received a 6-month term of incarceration in
connection with his previously reported conviction for Sexual
Abuse of a Ward. The Court ordered Mr. Carter to pay $1,150 in
fines, assessments, and court costs. Following his incarceration,
Mr. Carter will be on supervised release for one year during which
time he must, among other things, register as a sex offender and
notify prospective employers of his conviction. Since resigning
from FOC Houston, Mr. Carter resumed his prior employment as a
correctional officer with the Texas Department of Criminal
Justice. Mr. Carter stated that he intended to appeal his
sentence, arguing that the Warden violated the government's
agreement to remain silent at sentencing by submitting a letter to
the author of the PSI, addressing the seriousness of Mr. Carter's
conduct.
PCI OAltDALE
On October 26, 2001, former FCI Oakdale Correctional Officer David

Mills received a 46-month term of incarceration after having
previously pled guilty to attempting to introduce various drugs,
including heroine, into the facility. Mr. Mills is to selfsurrender to United States Marshals on November 9, 2001.
USP POLLOCK

The FBI declined, based upon the institution's recommendation, to
pursue prosecution of inmate Humberto Solis-Perez for his
previously reported September 14, 2001, assault of medical staff.
The inmate is currently pending deportation, and prosecution would
6

(

4239

Page 7

, Joyce Zoldak - oct. rpt. wpd
I

.

(
have significantly extended the deportation process.
FeI TEXARXANA
Inmates Garcia-Quinones and Zepeda were indicted on July 10, 2001,
for their role in a gang-related assault on various inmates on

January 19, 2001.
Both have entered plea agreements.
reviewing appropriate sentencing recommendations.

The AUSA is

Inmate Martinez-Ortega was indicted on July 10, 2001, for
possession of a weapon in a correctional facility.
He is
scheduled to go to trial on November 6, 200 1 .
Due to the limited injuries sustained, the referral of assault
charges by inmates Arugello, Rodriguez-Salas, Romero -Barcenas and
Hernandez-Valenzuela for the September 2, 2001, assault of inmate
Aguilar-Torres was declined.
The Warden concurs.
PERSONAL ISSUES

(
Scheduled Annual/Sick Leave :

-

-

November 8

&

9

- ·Annual Leave

-

November 9

-

Annual Leave

-

November 13-16

-

Annual Leave

-

November 16-26

-

Annual Leave

November 19-21

Annual Leave

-

November 19-23

-

Annual Leave

-

November 19-23

-

Annual Leave

November 19-23

-

Annual Leave

-

November 2 1

-

Annual Leave

-

November 21 -23

-

November 21-23
7

.- - - --- - - 4240

Annual Leave
-

Annual Leave

Joyce Zoldak - nov01

Page 1
-

... --'--

,,--_.--,---_._._----------------

._--------------,

(

.,-,-,

UNITED STATES GOVERNMENT

memorandum
December 5, 2001

::A':"£

;,:7'.'

Bill Burlington, Regional Counsel
Mid-Atlantic Region

S';fI':;:~

November 2001 Monthly Report

1\£;:::" 7'

=hr~stopher

Mid,Atlantlc: R~g10nal OfUc:e. AnnapoUs Junc:t1on. MD 20701

Erlewine, Genera: Counsel

..
I

Linda DuBose, Executive Assistant

ADMINISTRATIVE RBMBDIBS

JAN

PBB

MAR

APR

MAY

JON

JUL

AUG

SBP

OCT

NOV

Received
Answered

167
144

114
170

138
115

122
103

149
180

131
113

126
127

139
153

135
169

142'
125

169
134

TORT CLADIS

JAN

PBS

MAR

APR

HAY

JON

JUL

AUG

SBP

OCT

NOV

139
36
35
128
2

128
34
39
113
3

113
33
33
120
3

113
124
34
50
25
16
124 159
44

159
42
49
146

146
42
52
140
2

140
41
57
133
2

133
37
49
131
2*

PEB

MAR

APR

HAY

JON

JUL

AUG

SBP,

32
46
43

33

45
56
61
38

38
49
46
37

37

33

63
54
45

53

60

55
53

36

36
39
40
33

33

36

2

3

4

2

3

4

36
33
47
22
2

APR

MAY

JON

JUL

AUG

SBP

79
9
::
2

81

75
13

78
7

81

o

4

2

3
2

180 146
pending
27
39
Received
66
41
Answered
146 139
# Pending
2
2
# Over Six Month
*Serious personal injury.and complex

1#
1#
#

Co
~

....

POI/PRIVACY

JAN

Pending
33
Received
45
Answered
48
1# Pending
32
1# Over 20 Working Days
1
*Awaiting files from archives.
1#
1#
1#

JAN

PBS

MAR

Cases Pending
New Cases Received
HabeaS ~vl'pUS
Bivens
FTCA
Other
Cases Closed
Cases Pending
Lit Reports Completed
Cases/Hearings or Trials
Settlements/Awards
$ Settlements/Awards
($ in Thousands)

174
13

11

8
3
3

3

5

o

3

2

DBC

false imprisonment claim still under review.

LITIGATION

o

1

DBC

o
2

1

1
7

79 81
13 11
8
9
o 0
o
1
1
0
1
1
$100. S22. $375. 0

o,l

.3
1

o
o

5
5
1
2

10
75
13

10
78

1
1

o
o

S50.0

6

o

1

9

OCT

22
40
40
21
1

NOV

87
6

80

77

5

2
2

2

4
2
1

o

o

o

2

81
10

3
87
10

13
80
10

8
77
6

o
o

o
o

1

o

o

o

$50.0

o
o
o

DBC

21
18
24
15
2*

OCT

1
2

3
2
3

NOV

DBC

o
1
7

74
4

o
o

o

~--------------------------------------------------------------------------

4257

Page :

Joyce Zoldak - nov01

(

Page 2

MXR Monthly Report
SIGNIFICANT DECISIONS OR ADVERSE DECISIONS,
LEXINGTON CLC -

Pagan v. Thoms

( Fe,;: Lexingtcr:. :

- Eoth the U.S.

Attorney's

Office and BOP recommend appeal i:1 this case . . . he:-ein Judge Karl Forester
refused to dismiss a PLRA case for faih.:!'e to exhaust. and then entered
injunctive relief for plaintiff bef ore finally entering a confusing order
which suggested the case was mOOt because plalnt~ff had obtained the
relief he requested.
The final order stated Plalntiff was granted the
relief he sought.
Much to our chagrl:1. t~e Ci ... :.!. Division, DOJ {Peter
Maier! has recommended against an appea: . M~chael Pybas has asked for a
meeting if the Department decides to oppose appeal.

I •

LEXINGTON CLC - Buford v. Thoms (Lexir.g:.on ! - 7h!s is a habeas corpus
petition challenging petit ioner's ineligibility for early release because
of his imputed Bailey firearm enhancement. The Court originally ruled for
petitioner, and the Sixth Circuit held the case in abeyance pending a
ruling in Lopez. After the ~ decision. the Sixth Circuit remanded the
case back to the district court . Judge Wilhoit upheld the BOP's reasoning
on the imputed firearms enhancement. holding the BOP regulation was not
arbitrary and capricious as being speculatl'Je but merely punished the
petitioner for conduct which he did. but for ....·hich a court chose not to
punish him.

,

,,
.j

SETTLEMENTS:

~!

LEXINGTON CLC

'vP(
UPDATE ON CASES.

TRIALS OR HEARINGS.

I··
I

ETC. NOTED IN PRIOR REPORTS,

MXR CLC - Reeder v. U.S. (FCI Cumberland) - Survi .... ors of inmate Reeder
#12413-058. filed a wrongful death action in the District of Maryland.
Several days after undergoing angloplast}" at the Washington Hospital
Center, inmate Re eder was walking the track at FCI Cumberland . He died
after reporting that he was not feel:'ng well . AFIP review is favorable.
The inmate's minor son and wife each f i led a tort claim for $500,000. We
have begun discovery in this case b:.· making ot.:r initial disclosures,
propounding discovery upon plaint:'!fs and responding to plaintiffs'
interrogatories and requests for production of
t
tions are scheduled for December 13,

1

~~

CRIMINAL:
BECKLEY CLC - FPC Alderson - Br ian Martin.

former Correctional Officer,
has been indicted for Abusive Sexual Contact in violation of
18 U.S . C. § 22 44.
Trial has been scheduled for December 18. 2001 .

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

I

i ·

_.

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

---- _. -- -

- -_ . .

4258

._ .......... _ - - - - - - - - - - - - - - '

Joyce Zotdak - nov01

Page 3

------ ------------------------------------_._---- -- ...__ .. - ..

\,
Page 3

MXR Monthly Report
Legal Assistance Program to discuss this issue.
MXR CLC (FPC Cumberland) - An article recently
appeared 1n the Washington Post. regarding former Maryland 10bbYist~"II'"
early release from Cumberland via 18 USC §362l(el. In respo~se to
this article. ~rosecutor. AUSA Dale Kelberman. contacted the Bureau
claiming that...., does not have a substance abuse problem which would
~~c:,
justify his admission to the ROAP. We have shared information with AUSA
~
Kelberman, showing that Dr. Chip Silverman, a Clinical Psychologist,
supplied Cumberland staff with information indicating
I was an
alcohollC, ana was abusing alcohol immediately prior to incarceration.
AUSh Kelberman. based on
denial of a substance abuse problem during
the PSR interview. is invest1gating this case for possible fraud by either
the inmate or the psychologist.

till"••

a

BOTNER CLC - Inmate Smoking at FMC Butner - I just learned from Don
Laliberte that despite a favorable ruling from the Federal Services
Impasses Panel. we may still be many months away from being able to issue
a new policy whic
llow wardens to rohib
inmate smoki
within
our institutions.

'o~

recent
a growing number of administrative remedies
wherein inmates cite the CFR language that wardens must designate smoking
areas. I believe this will be a topic of conversation at our upcoming
regional wardens meeting.
BOTNER CLC - FMC Butner previously reported on the case of military
prisoner.
r
. who was convicted of serious child sexual assault
charges. and was sent to FMC Butner for a forensic evaluation for possible
indefinite commitment. We ultimately determined not to seek a 4246
commitment due to concerns regarding whether his diagnosed pedophilia met
the commitment criteria. From Butner,
was taken to Florida to
face additional sexual assault charges. Today we received word that
Florida sentenced
[ to 10 years incarceration and 5 years
probation. He will also ave to register with Florida's sex offense
registry as a sexual predator.
CLC - We were informed that inmate T
re-sentencing will
be on December i6 In the N.D. of Illinois. This re-sentencing is a result
of an appeal filed by Krillich and will result in an increase in his
sentence.
loEXINGTON

Personnel Issues:

I

\.

4259

.

I,
I

... I

0'10

'01. V

..
.-

PageS

Joyce Zoldak - nov01

Page 5
MXR Monthly Report

(
Mid-Atlantic Region Litigation for the Month of November 2001

MARO Consolidated Legal Center
Bi vens
HC
FTCA
Other

FC: cw.
FCI MEM

o

o

FC! MRG
MXR
Hazelton

Lex:.ng::::
FMC LEX
FCI ASH
FCI ~
Big Sandi'
McCreary

1

o
o
o

o
o
o
o

1

1

0
0

0
0

o
o
o
o
o

o
o
o
o

iu.vens
0
0

0
0

c
c
c
C
2

0
0
Ii
0

0
C

0

0

0

Other

Tota~

0
0
0
0
C
0

0
0
0
0
0
0

FC: BEC
FPC ALD
USP LEE
Glenville
~cDowel:

Bl,. ens
p

o
o
o

101

2

0

1
1

C

0
0
0
0

0
0
0
0
0

0
0
0
0

0

0

0

0

L:

,.,
Total

0

0
0
0
0
0

/.-

0
0
0
0
0
0

i

!.
I

;

j.

He

r.c,;

Other

Total

2

~

1

"

.

R_gional Total

Total

0
0
1
1
0
0
0
0
0
000
0
0
0
0
0
0

Beckley Consolidated Legal Center
Other
HC
FTCA
Blvens

=onso!i~ated

0
0
0
0
0

o
o
o
o
o
o
o

FCC BUT
FC' PET
PET MED
FPC SEY
WlntOn
VA. Contracts

1

o

Legal Center
HC
FTCA

Butner Consolidated Legal Center
Bivens
HC
FTCA
Other

Total

Mid-Atlantic Region Litigation Year To Date
~~\,.

EI~·:.:t'.1!

FC: :UJ.~
FCI HEM

=cr.s:.;.~da:t:=

n_

:.ega. ::enter

Teta:

F':'C~

'::':.he:

0

0

...5

0
0
0
0
1

0

0

.,.

~

2

FCI MaG
MXP.

Hazelton
Ohio Co,

0
0
0
0
4

0
l
0
0
10

Lexlngton Consolidated Legal Center
Blvens HC
FTCA
4
1
1
FMC toEX
1
4
0
FCI ASH
•
0
l
FC: MAN

2

1

0
0

C

\)

C
11

0
0
7

0
0

0
0

0
0

2

1

21

I'

0
18

3

Other

&:'9 sa,:j~'

McCrear:'

(Tota!

o

1

,

C

5

].

9

------.11'

(

4260

Joyce ZoJdak - nov01

Page 6

Page 6
MXP. Monthly Report

/'

i
\.

Butner Consol~dated Lega: Center
Blvens
HC
FTCA
Other
F":~

F~~

:-:..

c
o

•.
p£-r

~ "~

Total

r,

~r.,:

FPC $i£',

{;

~

(j

C

12

31

c

Wlm:or.
.",.;.. ':or.t.:-ac:.s

=ec;'~.i.e::"

o

10

9

:::::nsc.i.:.;:at.co. l.egal

E:~e~s

Fe:

• .,

H:

r~_~

Ce~ter

C':her

To:a:

SE::

C
C

:5

USF :"£E:

C

C
C
0
18

C

o
o

o
o

:3

10

5

Glenville
McDowell

Regional Toeal

o
o
o

c:vens

HC

FTC';

Other

Total

~.

J"7

8

16

88

...--..

-

_-- -- .._---------------------'

(
".

4261

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

: _Joyc~ ~ol~~k - dec01.wpd

-

,- -. ,-------

UNITED STATES GOVERNMENT

(

memorandum
January 10, 2002

:;.':'£
REPL': TC

An:: CF

Mld·AtlantlC: Re9~ona:' Ofhce. Annapolis ..Juncti.on. MO 20701

Bill Burlington, Regional Counsel
Mid-Atlantic Region
December 2001

Monthl~'

Report

Christopher Erlewine, General Counsel

.

•!

Linda DuBose, Executive Assistant

ADKIHISTRATrvB REMEDISS

JAN

PEB

MAR

APR

MAY

JON

JOL

AUG

SSP-

OCT

NOV

DBC

Received
Answered

167
144

114
170

138
115

122
103

149
180

131
113

126
127

139
153

135
169

142
125

169
134

133
147

TORT CLAIMS

JAN

PEB

MAR

APR

MAY

JON

JOL

AUG

SSP

OCT

NOV

DBC

159 146 140
133
# Pending
180 146 139 128 113
113
124
42
42
41
37
# Received
27
39
36
34
33
34
50
49
52
57
49
# Answered
66
41
35
39
33
25
16
140 133
131
# Pending
146 139 128 113 120 124 159 146
122
2
# Over Six Month
2
2
2
3
3
44
*Serious personal injury and complex false imprisonment claims still under review.

131
27
36
110
3*

POI/PR:IVACY

I

I,

JAN

MAR

APR

MAY

JON

JOL

AUG

SBP

# Pending
33
32
# Received
45 46
# Answered
48 43
# Pending
32
36
# Over 20 Working Days
1
2
*Awaiting one file from archives.

36
39
40
33

33
63
54
45

45
56
61
38

38
49
46
37

37
53
60
33

3

4

2

3

4

33
55
53
36
1

LITIGATION

JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

SEP

Cases Pending
New Cases Received
Habeas Corpus
Bivens

174
13

75
13

78

81

8

79
9

81

11

7

9

7

4

3

5

o

3

5
0

3

2
1
1

3
1

4
3

FTCA

o

Other
Cases Closed
Cases Pending
Lit Reports Completed
Cases/Hearings or Trials
Settlements/Awards
$ Settlements/Awards
($ in Thousands)

3

PEB

2

o

2

7

79 81
8
9
13 11
o
1
o 0
1
1
1
0
$100. $22. $375. 0

4

o

o
10
75
13
1
1

$50.0

5
5
1
2

10
78
6

o
o
o

DBC

36
33
47
22

22
40
40
21

21
18
24
15

2

1

2

15
24
19
22
3*

OCT

NOV

DBC

87
6

80
5

77

74

2

2

4
2
1

2

o

o

2

1
2

3

13
80
10

8
77
6

81
10

87
10

o

NOV

2

2
3
2
3

o
o

OCT

2

o
o

o

o

o
1

$50.0

o
o
o

o
1
7

6
4

o

o

4

5
75
8

o
o
o

o
o

74

(

o

" -

Page 2

Joyce Zoldak - dec01 .wpd

(,

Page 2
MXR Monthly Report
SIGNIFICANT DECISIONS OR ADVERSE DECISIONS:
BUTNER CLC (Greensvill e ) - Carter v. District of Columbia - We have just

received a transfer order from the U.S . District Court. Di strict of
columbia.

transferring this case to the E. D. Vi rginia.

In the suit,

several D.C. i nmates at Greensville challenge the medical care, the
medical co-payment policy, and the food at Greensville. They also
challenge the use of the U.S. Parole guidelines fer D. C. inmates. This
case will present the issue of our relatic~ship in litigation with the
Virginia Department of Corrections. As yC:l ma y t:no~·.
haircut policy). a D.C. District Court cha

(
""'~

in the Jackson case
ed the

MXR CLC (Cumberland) - Dorsev v. Booden - The petitioner in this case was
first arrested by state authorities.
Whlle those charges were pending, he
was removed to federal custody pu:rsua::.~ ~o ,;; ....·ri: and was convicted and
sentenced in federal court . After se~tencing. Petitioner was returned to
state custody and a federal detainer wa s 10dged against him.
He then pled
guilty to the state charges and ....·as sentenced tC a term of imprisonment.
He was paroled from his state sentence and placed in federal custody on
November 8, 1996. He alleg ed that he was imprope.:.-Iy denied credit toward
his federal sentence for time served i n state custody. stating that the
Pennsylvania sentencing court orde:rec that h is state sentence be served
concurrent with his federal sentence.
The Court dismissed the case
finding that the state cannot bind the federal authorities to require them
to run the sentences concurrently and that Petitloner may not receive
credit on his federal sentence for time spent in state custody which has
been credited to another sentence.
The AUSA has sent a letter to the
Court asking that this opinion be published.

I

I

I
r

SETTLEMENTS,

LEXINGTON CLC - (Ma nchester )
TRT-MXR-2001-04493 - We have
empt to settle
false imprisonment tort claim .....'herei n former Manchester inmate
1!!!!:~was kept in prison for lSE days toe long. I n m a t e _ has
..
with a demand for approximately S100, 000.
He h~ for over
a mill ion dollars in his origina: claim.
UPDATE ON CASES. TRIALS OR HEARINGS. ETC . NOTED IN PRIOR REPORTS;
Yolonda Burt v. Hawk . . et a l . - A
LEXINGTON CLC (FCI Manchester)
settlement agreement was reached between the parties concerning the
inmate's transsexual needs being met while housed in BOP custody.
Burt
was transferred from FMC Rochester to FCI Manchester, and while at FeI
Manchester made complaints that the BOP was not abiding by the settlement
agreement.
This precipitated a letter to be sent by the inmate's attorney
to the AUSA and BOP/OGe requesting assistance in abiding by the agreement.
Joe Tan g and I worked ..... ith Renee Erinker and Joyce Zoldak. as well as FeI
Manchester staff in meeting somE of the terms of the agreement.
Currently
Joe has been wcrkin~ with Fe! Mancheste~ staff to utili ze an
endocrinologist on contraCt from ':he Universlty of Kentucky Medical Center
wich a background in trans sexual ism to address any medical issues.
Joe
and Fe! Manchester psychology stat! are addresslng the inmate's
psychotherapy and are in contact ....·:.':h the Mayo Clinic in Rochester, MN.
LEXINGTON CLC (FMC Lexington ) . Jesse Robard .. Thoms - This is a RDAP

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MXR Monthly Report
case in which the Court denied Petitioner's request for §3621(e)
eligibility. The language of the Order appears to finally concede all
positions presented in Lopez. The case should end most §3621 (eJ
challenges in the Eastern District of Kentucky.
LEXINTON CLC (FMC Lexington) . U.S. v . Santulli - A dangerous commitment
hearing will be held on January 4, 2002. to determine whether Santulli
will be returned to che custody of the BOP as a danger to the c ommunity
based on his psychological condition.

.,;

CRIMINAL,

BECKLEY CLC - Brian Martin, former Correctional Officer. FPC Alderson,
has been indicted for Abusive Sexual Contact, in violation of 18 U.S.C.
§ 2244.
Trial has been postponed. A new trial date has not been set.
LEXINGTON CLC - United States v. Krilich - Inmate Krilich was to travel to
the United States District Court for the Northern District of Illinois for
resentencing. Due to medical concerns raised by Krilich's counsel,
arrangements have been made with the Court, the AUSA and the defense
counsel to conduct the resentencing via a video feed over the telemedicine
equipment. This will occur in early January.

i

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MXR CLC (FCI Memphis ) - U.S . v. Lisa Lockhart - Defendant is the sister of
an inmate incarcerated at FCI Memph i s. On February 29, 2000, she
introduced into the institution multiple balloons with marijuana and
heroin, successfully passing them to the inmate in the viSiting room.
Staff had confidential information in advance and detained her until law
enforcement officials arrived to arrest her. The inmate was placed i n a
dry cell and the balloons were recovered . The defendant refused to
cooperate with the ensuing investigation and was indicted. After a two
day trial, the defendant was found guilty. She was recently sentenced,
receiving a 78-month term of imprisonment to be followed by a three year
term of supervised release .
SITUATIONS OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES,
ETC. :
BECKLEY CLC - Harvey Lewis (DC YRA at Beckley) - In the first week of
January inmate Lewis was given written notice that within 48 hours he must
provide written information from his sentencing court indicating he has
judicially challenged the Bureau of Prisons' decision to remove his YRA
status. Inmate Lewis responded that he had no written proof that he had
filed such an appeal. Accordingly, staff will now remove his YRA status.
Inmate Lewis had received multiple infractions for use of drugs. This is
one of the first YRA cases where the Director has chosen to use her
authority to make an administrative "no further benefit" finding.
BUTNER CLC - Inmate Smoking at FMC Butner - We have just answered several
BP-10's supporting warden Ar t Beeler's decision to operate FMC Butner as a
non-smoking institut ion for inmates. We are prepared to litigate this
l ssue, as we fee l our current regulations allow the Warden discretion to

:::::::tc::m~::d:::::~~
ITort Claim of former inmate) _We are \()f\~
referri~ e~FIP )
.1

wherein~Claims

.---

..

__

..

_

the administrative tort claim
Alderson staff failed t o time l y diagnose a

_ __ .. _. ... .. --_.. .. _-_._- - -- - - - - - - - - - - - - - - - - - - - - - '

... .. ...- .

.

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Joyce Zoldak - dec01 .wjJd .

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MXR Monthly Report
cancerous lump in her breasc.

While we did do a timely breast exam

(includino a mammogram) ,

~~
-)

Inmate Discipline for Refusing Halfwav House Referral - At our Regional
Warden's meeting. both the Director and Regional Director expressed their
desire that every eligible inmate ..... ill go through a halfway house prior to

release.

Wardens were encouraged to use everything at their disposal,

including discipline, to encourage inmates to gc to a halfway house.
While the current Program Statement on CCC Utilization, ~7310

LEXINGTON CLC - Kevin Walasinski and Joe Tang conducted a Legal Liaison

Training session for the Fe! Ashland and Fe! Manchester liaisons on
December 10, 2001.

I

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MXR CLC - T-MXR-2002-0073.1~-~o~n~D~e~C~e~mb~er 25, 1999, Hope Vi llage halfway
~
was raped and assaulted bi'~??)II!!~I!II.
conf inement . . . . . came into Hope
Washington , D~a fter being
age
severEly hurt . The attorney
called to rep ort.
the BOP failed to monitor the Hope
asserts $3 milli on
ts own policies and directives; and
Village contract; failed
failed to train, supervise and monitor Hope Village.

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MXR CLC - T-MXR-2001-06769 - On February 6, 2001, Hope Vil lage resident
was shot in the chest by an unknown assailant
in front of the halfway house on Langton Place.
He died shortly
thereafter.
Phillips had arri v ed at Hope Village the day before. The
deceased's mother, represented by counsel , asserts a claim for $10 million
in personal injury and $ 10 million for wrongful death.
The claim was
denied on November 15, 2001, on the basis of the contractor exception .
MXR CLC - T-MXR -2001 -05683 - Former inmate~!!~~~
filed an admini strative tort claim alleging
of
his late release.
He claims he was held 60 days over, claiming a sum of
$2000 per day for a total of S120.000.
During our investigation , we have
discovered that411111 has outstandi ng restitution and misdemeanor
assessmen t s in excess of $54,000 . We rec ent ly received correspondence
from ...... indicating his employment history and salary since being
relea~nd we continue to wait for tax filings and proof of employment
and salary for the time period preceding his incarceration.
LEXINGTON CLC (FMC Lexington) - Joe Tang was contacted by the U.S .
Probation Office in Knoxville, Tennessee, and U. S, District Cou rt Judge
Leon Jordan concerning inappropriate letters bei
sent to the J udge by
inmate
It was decided tha
would be placed on
Restrictive CorrespondencE.
WE are awaiting a
letter from the
Judge to begin processing this request.

·1

tJ'1~

b1G

Personoel Issu es:
Staff Leav e aDd Travel
January 14 - 18. Los Angeles, RC/AGC Meeting
January 31-February 1 - Annual Refresher Training

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Page 5
MXR Monthly Report

(~

Mid-Atlantic Region Litigation for the Month of December 2001
Consolldated Legal Center
HC
FTCA
Other
Blvens

Butner Consolidated Legal Center
Bivens
FTCA
Other
HC

MARO

FC: ~
FC! MEM
FC~

1

MRG

MXR

Hazelton
Ohio Co.

o

o

0
0

0
0

o
o
o
o

o
o
o
o
o

0
0
0
0
0

0
0
0
0
0

Q

1

:.:,;:;

\.
0
0
0

B1g Sandi'
McCreary

C

C
0
0
0
1

Otner

Tota:

FC! BEC

0
0
0
0
0
0
0

1

0
0
0
0
0
3
3

0
0
0
0

1
2

"

~

:!SP LEE
3:envllle
M::!)owell

C
C
0

0

0

0
0
0
0
0

0
0
0
0
0

0

0

0

0
C
0
C

F?: ALO

0
0

0
0

FCC BUT
FCI PET
PETMED
FPC SEY
Wlnton
VA Contracts

\)

0

1
0
0
0
0

Total

FTCA

Other

Total

4

:2

C

0

6

6
3

1
0

FCI MRG
MXF
Hazelton
Ohio Co.

0

0

0
0

0
0
10

0
0
0
0
1

5

Blvens

HC

Center
FTCA

4

3

3
4

1
0

4

0

1

!.ex::1gtc~ ~cr.sclidated

FMC LEX
FeI ASH
FCI MAN

~ega!

I

0

0

MAR: Consolidated Legal Center
Other
Blvens
FTCA
HC
3

·1

0
0
0
0
0

He

:

:

5

,I

.j

Mid-Atlantic Region Litigation Year To Date
FC! CUM
FCI MEM

.!

4

0
0
0
0
0
0

5 .. vens
Regional Toeal

Total

0
0
0
0
0
0
0

Beckley Consolidated Legal Center
Other
B.. vens
FTCA
HC

Lexington Consoll.dated Lega: Center
FTCA
Blvens HC
C
C
FMC LEX
"
f;
(\
C
Fe! ASH

. _.

Tota:

B19 Sand:McCreary

Total

1

11
S

0

0
0

0
3
0
0

3

19

0

:

Other

Tota!

1
0
0

7

0
0
11

0
0
7

0
0

2

0
0
1

0
0
21

I

9

.ct

5

..
. .'"

(

4296

Joyce Zoldak - dec01.wpd

PageS

Page 6
MXR Monthly Report

(

Butner Conscl!dated Legal Center
Bivens
HC
FTCA
Other

FCC BU"!'
FCI PET
PET MEt>
FPC SEY
Wlnton
VA Contracts

5

4

3

6

o

o
o

C
3
12

2
12

o
o

12
0
0
0

C

o
oo
o

u

"

0
12

Deckle::' Cor.sc::.::1ated ..ega: Cem:er
Dlvens
H:
::'7=A
':ther
::'C:

3E~

0
!i
0
0

Total
2:2
9

o
o
o

5
36

Tcta:
.. :l

')5;' :'EE

r:

Gle:l':i:le
McDowell

0
0

o

o
o

0

l
0
0
0

3

10

5

0

18

Regional Toeal

i

I

Bivens

HC

FiCA

other

Total

31

39

8

16

94

I

i

I
I

I

i

I

I

r,

i

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4297