u.s. Department of Justice
Federal Bureau of Prisons
North Central Region

Kansas City, KS 66101-2492

September 8, 1995
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

MONTHLY REPORT (August 1995)

LITIGA TJON AND RELATED ISSUES
STA TISTICS: Line 1 = New Cases Filed Line 2 = Total New Cases in Year

LmGATlON:
JAN
DEC
25

FEB

15
40
Pending

MAR
36
76

APR

MAY JUN

JUL

AUG

16

12 1239
104 116
799

28
155

183

92

SEP

OCT

NOV

SEP

OCT

NOV

ADMINISTRATIVE CLAIMS:
JAN 'FEB
DEC

(,

58

55
113

Pending

MAR

APR

MAY JUN

JUL

AUG

57
170

67
237

86 6770

66
460

526

323 390
188

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(~

ADMINISTRA TIVE REMEDIES:

JAN
DEC
155

FEB

MAR

APR

MAY JUN

JUL

AUG SEP

125
280

143
423

125
548

152 150
700 850

136
992

173
1165

OCT

NOV

ADVERSE DECISIONS:

John M. McCarthy v. USA et al. Case No. 95-Z-320, District of Colorado, ADX Florence.

(,

Magistrate Judge Borchers has recommended denying the government's motion to dismiss this
action for equitable relief only. Plaintiff McCarthy alleges the BOP practice of not providing
access to state law materials has impeded his access to the courts. McCarthy, convicted under
the Armed Career Criminal provisions of 18 USC 924 (e), requested Florida state material for the
purpose of challenging state convictions which. had been used to enhance his federal sentencing.
ADX legal staff provided inmate McCarthy with several avenues for obtaining state legal
materials. Magistrate Borchers relied on the Tenth Circuit's decision of Petrick v. Maynard, 11
F.3d 991 (10th Cir. 1993) in finding the BOP had some obligation to assist inmate McCarthy in
obtaining the state law materials. I recently forwarded to Joyce Zoldak and Jeff Shorba a
memorandum outlining my concerns and proposed action alternatives to deal with this continuing
Tenth Circuit problem. Objections will be filed.

SETTLEMENTS OR JUDGMENTS:

After extensive consultation with the U.s. Attorney's Office and the Office of General Counsel,
we offered settlement, under the administrative claims section of the FTCA, to inmates Dixon,
Weeks and Barnett for injuries they allegedly suffered at USP Leavenworth in June, 1993.
Barnett marnett v. FBOP, et al, Case No. 95-299-JR, District of Columbia and subsequently
transferred to the District of Kansas) accepted an offer of$1000.00 and Weeks (Weeks v. USA,
Case No. 94-3381-RDR, District of Kansas, USP Leavenworth) accepted an offer ofSl,500.00.
Dixon, who is represented by counsel, rejected an offer of$1,500.00.

PENDING CASES OF INTEREST:

Dixon v. USA, et al•. Case No. 94-3309-RDR, District of Kansas, USP Leavenworth.
There has been no formal decision from the DOJ Torts Branch regarding representation for the

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named defendants in this hybrid FTCA\Bivens case. The NCRO provided the Torts Branch with a
supplemental memorandum justifying representation for the defendants. The AUSA who was
defending the action withdrew from the case and a new AUSA has made an entry of appearance.
The AUSA who was defending the Weeks action was reluctant to respond on behalf of the United
States until the DO) Torts Branch makes a decision regarding representation in the Dixon action.
After motioning for a further 30 day extension, she withdrew from the case and a new AUSA
made an entry of appearance.
Farmer v. Brennan:
Seventh Circuit Case No. 94-3787, Case No. 91-C-716 S, Western
Following remand from the Supreme Court, the defendants renewed
District of Wisconsin)
their motion for summary judgment which was granted by the trial court. lrunate Fanner
appealed. The Court of Appeals has appointed counselitoTepresent Farmer. Oral argument is
scheduled for Wednesday, September 27, 1995 in Chicago, Illinois.

RELIGJOUS FREEDOM RESTORATION ACT CASES:
I

Wa'il Mansur Muhanned v. Reno, et ai, Case No. 94-N-2234, District of Colorado, USP
Florence.
The plaintiff has sued seeking to compel the BOP to refer to him by his adopted religious name
which has been legally changed by a state court. plaintiff has a similar action pending in the
District of Arizona (Muhanned v. Floyd, et a1, Case No. CIV-94-1077-PHX-RCB). The U.S.
Attorney's Office made a motion to transfer the Colorado case to Arizona and combine the two
into one action. Mr. Muhanned has moved the court in Colorado to dismiss his Colorado action
without prejudice.

CRIMINAL MA ITERS

None

ADMINISTRA T1VE CLAIMS OF INTEREST

None.

STAFF TRAVEL AND LEAVE

Sept. 26 - 27, 1995
Chicago, Farmer Oral Argument
September 28, 1995

John

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USPMarion
September 29, 1995
FeI Greenville

(~
Daryl

None Planned

Matt

September 1, Last Day In NeRO

Dan

September 1 - 8, 1995
Gaither v. Reno trial in Abilene, TX.

Gwen

N9ne Planned

Gary

September 5-8, 14,15 Annual Leave

Janet

None Planned

Rick

September 5-8, 11-15, Institution

Note:

FTCA backup disk mailed to Mary Rose Hagan on August 31, 1995.

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