UNITED STATES GOVERNMENT

memorandum

DATE:

~~~~~~~haw, Regional Counsel
Central Region
LY REPORT
TO :

Wallace H. Cheney, Assistant Director
General Counsel and Review

PENDING TRIALS/HEARINGS
There were no r e ports of p e nding trials or hearings receiv ed from
the institutions within this region.
DECISIONS/SETTLEMENTS/CASES OF INTEREST
Glad s on v . u.s. Pe n i t e nti a ry, 92-3505, D. Kansas, USP Leavenworth.
Plaintiff alleges that def e ndants have improperly withheld records
which he requested pursua nt to the Freedom of Information and
Privacy Acts. Specifically, he claims that certain medical records
were never released to him. Institution staff were never informed
of the inmate's requ e st for medical records a nd upon notice of the
inmate's request prov ided him a ccess to the releasable portion of
his medical file.
Decision of the Court is pending.
Mill e r v . United States, 91-3257-RDR, D. Kansas, USP Leavenworth.
Plaintiff was s eeking r e covery under the FTCA for injuries
sustained during a riot at the Penitentiary which occurred in June
1990. The district court held the discretionary function exception
[28 USC § 2680(al] to the FTCA barred the prisoner's claim and
issued an order granting s ummary judgment in favor of the United
States.
united States of America v. Morgan
In this criminal case arising at the USP Leavenworth the inmate was
found guilty of criminal assault and possession of a weapon. The
court sentenced the inmate to 120 months consecutive.
Sell a rs v. Carlson, 80- 4038, Southern District of Illinois, USP
Marion. This action relates to the inmate's complaint of
ineffective medical treatment for his diabetic condition. The case
was appealed following a di s missal and subsequently reopened. The
court has a ppointed counsel for the inmate and is considering
whether to allow discovery.
united States v. Kiz e l, 90-CR-114, E.D. Wis.
Defendant Kizel, a convicted drug dealer incarcerated at FCI
Tallahassee, returned to the Eastern District of Wisconsin pursuant
to a sentence reduction motion. In support of the motion, inmate
Kizel wrote a sev enteen p a ge letter to Judge stadtmueller
complaining of medical treatment and housing while at MCC;;p,~~j,£R,'iiI01~o. ,.
( REV .

I~O)

GSA FPMR (., CFR) 101-11 .1
5010.1,.

"U.s. GPO: 18Q2-312-071 / e0D'28

The court did not seek any response from the BOP, and the AUSA did
not object to the letter's veracity.
The Judge found Kizel's
treatment to be "unconscionable" and stated he was going to hold a
hearing on the matter in March with the Director and the Warden of
MCC present.
We have filed with the court a detailed fifteen page report
outlining the details of Kizel's various periods of incarcerations
at the MCC.
wi th minor exception, inmate Kizel was treated
appropriately and suffered no harm. We are awaiting the Judge's
reaction to he report.
STAFF TRAVEL AND LEAVE
John

MARCH
MARCH
MARCH
MARCH

4 & 5
16 & 18
22 - 26
31

Englewood
Leavenworth
Central Office
Oxford

Daryl

MARCH
MARCH
MARCH
MARCH
MARCH

4 & 5
9 & 10
16 & 18
29
30 & 31

Englewood
Rochester
Leavenworth
Duluth
Sandstone

Jackie

MARCH

23 - 26

Annual Leave

Paul
Erv

MARCH
MARCH

18 & 19
22 - 31

Annual Leave
Denver

Gary

MARCH

26

Annual Leave