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

April 5, 1996
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW
FROM:

I

SUBJECT:

..

JOHN R. SHAW, Regional Counsel

/1 / q .:~_

I

_

l~' QUARTERLY IMONTHLY REPORT (March 1996)
L,TIGATION ANP RELATED ISSUES

STATISTICS; Line 1 = New Cases Filed

Line 2 = Total New Cases in Year

LITIGATION:
JAN
37

FEB
31
68

MAR
40
108

Pending

APR

MAY JUN

JUL

AUG

SEP

OCT

. NOV

DEC

MAY JUN

JUL

AUG

SEP

OCT

NOV

DEC

SEP

OCT

NOV

DEC

883

ADMINISTRATIVE CLAIMS:
JAN
118

FEB
119
237

MAR
115
352

Pending

APR

462

ADMINISTRATIVE REMEDIES
JAN
242

FEB
220
462

MAR·
167
629

APR

MAY JUN

2858

JUL

AUG

2
ADVERSE PECISIONS

United States V. Woodrow price. Jr., (E.D. Mo.), Case No.1 :93CR00031 SNL, FPC
Marion
Inmate Price, through Assistant Federal Public Defender Jeffrey Rosanswank, filed a
motion in the U.S. District Court for the Eastern District of Missouri seeking that
the court declare that the offense of Felon in Possession of a Firearm, in violation of
18 U.S.C. § 922(g)(1), is not a "crime of violence" within the meaning of 28 C.F.R.
§ 550.58 (consideration for early release upon completion of the residential drug
abuse treatment program) and 18 U.S.C. 924(c)(3). The motion was filed on
December 19, 1995 and pertained to Mr. Price's December 23, 1993 plea of guilty
to the aforementioned offense.

(

The AUSA failed to consult the Bureau of Prisons regarding our position on the
matter and on February 26, 1996, Stephen N. Limbaugh ordered that Mr. Prices
offense of conviction was not a "crime of violence" within the meaning of 28
C.F.R. § 550.58 and 18 U.S.C. § 924(c)(3). Inmate Price, who had successfully
completed the residential drug abuse treatment program at FPC Marion, presented
the order to his case manager and demanded an additional one year reduction in his
sentence. After consultation with the North Central Regional Office, the AUSA has
submitted a Motion for Reconsideration and memorandum of law in support.
Additionally, the AUSA has submitted a motion to stay the February 26, 1996
order pending resolution of the motion for reconsideration. The AUSA is confident
that Judge Limbaugh will reconsider the matter and hopefully take the BOP's
position.
SETTLEMENTS OR JUDGMENTS

None to report.
DECISIONS OF INTEREST

,Ridley v. Reno, Civ. No. 95-C-1440, (N.D. 111.), CCM, Title VII
Plaintiff, a former federal inmate, applied for a Correctional Counselor position at a
Salvation ·Army halfway house after working at the center as a volunteer. Pursuant
to the contract between the Salvation Army and the BOP, persons with previous
criminal convictions may not come into contact with federal' prisoners at the
halfway house without the BOP's approval. Plaintiff subsequently filed a Title VII
alleging race discrimination.
Judge Leinenweber granted defendants' motion to dismiss for lack of subject
matter jurisdiction, or in the alternative for summary judgment for several reasons:
1 ) plaintiff could not demonstrate an employment relationship between himself and
the BOP because the Salvation Army was an independent contractor; 2) plaintiff
could not demonstrate a prima facie of race discrimination because he did not show
he was qualified for the position; 3) plaintiff's disparate impact claim (African
Americans arrested and convicted more often than whites and thus less likely to

2859

3

(

receive BOP approval) failed because no causal link between BOP policy and alleged
, statistical disparities demonstrated; and 4) even if disparate impact was
demonstrated, the BOP had a justifiable job-related business practice to prevent
contact between ,employees with criminal backgrounds and federal prisoners.
In Be Joseph Diego Ramirez, Civ. No. 5:95MG04, (D. Minn.), FPC Yankton,
Indigency Hearing
Plaintiff, a current inmate at FPC Yankton, applied for a declaration of indigency
pursuant to Title 18 U.S.C. § 3569 so that he could be relieved from paying his
committed fine of nearly $50,000. After a hearing on the matter, the magistrate
determined that since Mr. Ramirez had not proven'that he had less than $20.00 in
assets, he was not indigent for purposes of section 3569. The magistrate relied on
Mr. Ramirez' latest credit report which showed active credit card accounts and a
recent car loan. The magistrate also noted that Mr. Ramirez led a lavish lifestyle
prior to being imprisoned and was unable to explain the whereabouts of any of his
former assets.
Pursuant to BOP Program Statement 5882.02, NCRO Regional Director Patrick R.
Kane reviewed the magistrate's order. Mr. Kane found that Mr. Ramirez possessed
property that was not necessary to support his family and had the ability to pay his
committed fine. As a result of this finding, Mr. Ramirez will not be released from
federal custody until his fine is paid.
pENDING CASES OF INTEREST

Clifton v. Miller, Civil No. 89-3075, S.D. Illinois, USP Marion, Bivens
Inmate Clifton alleges he was beaten and tortured by staff ,while confined at USP
Marion on May 13, 1988. Clifton seeks compensatory as well as punitive damages
'from each of the named defendants. The jury trial, which was scheduled to begin
on March 26, has been postponed until April 9, 1996 because the judge is ill. The
trial will be held in East St. Louis, Illinois before Judge Stiehl. Paul Pepper will be
assisting during the trial.
RELIGIOUS FREEDOM RESTORATION ACT CASES

None to report.
CRIMINAL MATTERS

Illinois v' Calvin Stinson, Case No. 96-CF-7, Illinois state court, 3rd circuit, Bond
county, FCI Greenville.
Calvin Stinson, ISM employee at FCI Greenville currently on home duty status, is
charged with theft of a postal money order addressed to inmate Luis GarciaMoreno. The money order was valued at $325.00. Mr. Stinson is proceeding pro
sa and has plead not guilty to the charges. His trial before a jury is scheduled to
commence on May 6, 1996.

2860

4
United States v. Garner. Overstreet and Warren, Case No. 95-CR97-S, W.O. Wis.,
FCIOxford.
Three inmates at FCI Oxford are charged with instigating and assisting a mutiny in
violation of 18 U.S.C. § 1792, and destroying government prop~rty in excess of
$100 in violation of 18 U.S.C. § 111. All three defendants have pled guilty to the
charges and face up to ten years in prison for each charge. Sentencing is
scheduled for June 7, 1 996.
United States v. Bunch, Case No. 95-CR90-C, W.O. Wis., FCI Oxford
Inmate Bunch was charged with possessing a weapon within a correctional
institution in violation of 18 U.S.C. § 1791. Specifically, inmate Bunch possessed
an institution belt strung through two Master combination locks wired together. A
jury trial was held in Madison, W·isconsin on Monday, March 18. Inmate Bunch was
found gUilty. Sentencing is scheduled for May 10, 1996.
United States y. Searcy, Case No. 95-40062, O. South Dakota, FPC Yankton
. Inmate Searcy was accused of raping a mentally retarded woman on the grounds of
FPC Yankton. Inmate Searcy pled guilty to the charges. On April 1, 1996, inmate
Searcy appeared in federal court to attempt to remove his previous guilty plea. The
judge denied his request. Inmate Searcy will be sentenced on May 20, 1996. Two
accomplices, inmate Edward Thomas and inmate Robert Meitz are scheduled for
sentencing on Monday, April 8, 1996, pursuant to their guilty pleas of February 6,
1996.
ADMINISTRATIVE CLAIMS OF INTEREST

Robert Chung y, Federal Bureau of prisons, OCAHO Case No. 95B00134, FCI
Greenville
The plaintiff in this case is claiming that UNICOR staff at FCI Greenville are
discriminating against him because he is a British citizen. Mr. Chung filed an
administrative complaint with the Executive Office for Immigration Review and the
NCRO responded with a letter detailing the reasons why the administrative judge
was without jurisdictior:t to hear the matter. Specifically, the NCRO pointed out
that the United States has not waived sovereign immunity under 8 U.S.C. § 1324
and inmates have been found not to be "employees" for purposes of Title VII and
OSHA claims. The administrative judge responded by ordering the Bureau of
Prisons to prove it employees more than four (4) but less than fourteen (14)
emplovees by April 30, 1996. Apparently the administrative judge's jurisdiction is
limited in this manner.

2861

5
STAFF TRAVEL AND LEAVE

(---

John

None Scheduled

Daryl

AUSA Minnesota

Dan

None Scheduled

Gwen

None Scheduled

James

None Scheduled

Janice

Annual Leave

April 4,5,8,9, 1 ~

Gary

Annual Leave

April 22-26

Janet

None Scheduled

Rick

Annual Leave

April 3-5

April 5

FICA backup disk mailed to Mary Rose Hagan on April 1, 1 996.

(
\

2862

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2863

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u.s. Department of Justice
Federal Bureau of Prisons
~tb5wtwMl~,
KanSaS

CiQt KS

661Q1_2492

April 5, 1996
MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR
GENERAL COUNSEL & REVIEW

JOHN R. SHAW, Regional Counsel

FROM:
SUBJECT:

'; i
.,;.'

LITIGATION AND RELATED ISSJES
'... .'
STATISTICS: line 1

=

New Cases Filed

line 2

=

Total New Cases in Year

LITIGATION:
JAN
DEC
37

FEB
31
68

MAR

APR

MAY JUN

JUL

AUG

SEP

OCT

NOV

MAY JUN

JUL

AUG

SEP

OCT

NOV

40.
108

Pending

883

ADMINISTRATIVE CLAIMS:
JAN
DEC
118

FEB
119
237

Pending

MAR

APR

115
352
462

ADMINISTRATIVE REMEDIES

JAN
DEC
242

FEB

MAR

220
462

167"
629

APR

MAY JUN

JUL

AUG

SEP

OCT

NOV

ADVERSE PECISIONS

United States v, Woodrow price. Jr., (E.D.

M~.),

Case No.1 :93CR00031 SNL, FPC

Marion
Inmate Price, through Assistant Federal Public Defender Jeffrey Rosanswank, filed
a motion in the U.S. District Court for the Eastern District of Missouri seeking that
the court declare that the offense of Felon in Possession of a Firearm, in violation of
18 U.S.C. § 922(g)(1), is not a "crime of violence" within the meaning of 28 C.F.R.
§ 5. 50.58 (consideration for early release upon completion of the residential drug
abuse treatment program) and 18 U.S.C. 924'(c)(3). The motion was filed on
December 19, 1995 and p'ertained to Mr. Price'~ December 23, 1993 plea of guilty
to the aforementioned offense.
'
The AUSA failed to consult the Bureau of Prisons regarding our p~sition on the
matter and on February 26, 1996, Stephen N. Limbaugh ordered that Mr. prices
offense 'of 'conviction was not a "crime of violence" within the meaning of 28
C.F.R. § 550.58 and 18 U.S.C. § 924(c)(3). Inmate Price, who had successfully
completed the residential drug abuse treatment program at FPC Marion, presented
the order to his case manager and demanded an additional one year reduction in his
sentence. After consultation with the North Central Regional Office, the AUSA has
submitted a Motion for Reconsideration and memorandum of law in support.
Additionally, the A'USA has submitted a motion to stay the February 26, 1996
order pending reso,lution of the motion for reconsideration. The AUSA is confident
that Judge Limbaugh will reconsider the matter and hopefully take the BOP's
position.

SETTLEMENTS OR JUDGMENTS

None to report.

DECISIONS OF INTEREST

Ridley y. Reno, eiv. No. 96-C-1440, (N.D. III.), CCM, Title VII

Plaintiff, a former federal inmate, applied for a Correctional Counselor position at a

Salvation Army halfway house after working at the center as a volunteer. Pursuant
to the contract between the Salvation Army and the BOP, persons with previous
criminal convictions may not come into contact with feder,al prisoners at the
halfway house without the BOP's approval. Plaintiff subsequently filed a Title VII
alleging race discrimination.
Judge Leinenweber granted defendants' motion to dismiss for lack of subject
matter jurisdiction, or in the alternative for summary judgment for several reasons:
1) plaintiff could not demonstrate an employment relationship between himself and
the BOP because the Salvation Army was an independent contractor; 2) plaintiff
could not demonstrate a prima facie of race discrimination because he did not show
he was qualified .for the position; 3) plaintiff's disparate impact claim (African
Americans arrested and convicted more often than whites and thus less likely to
receive BOP approval) failed because no causal link between BOP policy and alleged
statistical disparities'demonstrated; and 4) even if disparate impact was
demonstrated, the BOP had a justifiable job-related business practice to prevent
contact between employees with criminal backgrounds and federal prisoners.
In Be Joseph Diego Ramirez, Civ. No. 5:95MG04, (D. Minn.), FPC Yankton,
Indigency Hearing
Plaintiff, a current inmate at FPC Yankton, applied for a declaration of indigency
pursuant to Title 18 U.S.C. § 3569 so that he could be relieved from paying his
committed fine of nearly $50,000. After a hearing on the matter, the magistrate
determined that since Mr. R~mirez had not proven that he had less than $20.00 in
assets" he was not indigent for purposes of section 3569. The magistrate relied on
Mr. Ramirez' latest credit report which showed active credit card accounts and a
recent car loan. The magistrate also noted that Mr. Ramirez led a lavish lifestyle
prior to being imprisoned and was unable to explain the whereabouts of any of. his
former assets.
.
Pursuant to BOP Program Statement 5882.02, NeRO Regional Director Patrick R.
Kane reviewed the magistrate's order. Mr. Kane found that Mr. Ramirez possessed
property that was not necessary to support his family and had the ability to pay his
committed fine. As a result of this finding, Mr. Ramirez will not be released from
federal custody until his fine is paid.

pENDING 'CASES OF INTEREST

Clifton y. Miller, Civil No. 89-3075, S.D. Illinois, USP Marion, Bivens
Inmate Clifton alleges he was beaten and tortured by staff while confined at USP
Marion on May 13, 1988. Clifton seeks compensatory as well as punitive damages
from each of the named defendants. The jury trial, which· was scheduled to begin

on March 26, has been postponed until April 9, 1996 because the judge is ill. The
trial will' be held in East St. Louis, Illinois before Judge Stiehl. Paul Pepper will be
assisting during the trial.
RELIGIOUS FREEDOM RESTORATION Act CASES

None to report.

CRIMINAL MATTERS .

Illinois y. Calvin Stinson, Case No. 96-CF-7, Illinois state court, 3rd circuit, Bond
county, Fel Greenville.
Calvin Stinson, ISM employee .at FCI Greenville currently on home duty status, is
charged with theft of a postal money order addressed to inmate Luis
Garcia-Moreno. The money order was valued at $325.00. Mr. Stinson is
proceeding pro se and has plead not gUilty to the charges. His trial before a jury is
.
.
scheduled to commence on May 6, 19'96.

United States v. Garner; Overstreet and Warren, Case No. 95-CR97-S, W.O. Wis.,
FelOxford.
Three inmates at FC1 Oxford are charged with instigating and assisting a mutiny in
violation of 18 U.S.C. § , 792, and destroying government prop~rty in excess of
$'00 in violation of 18 U.S.C. § 11 1. All three defe.ndants have pled guilty to the
charges and face up to ten years in prison for each charge. Sentencing is
scheduled for June 7, 1996 .
. United States y, Bunch, Case No. 95-CR90-C, W.O. Wis., Fel Oxford
Inmate Bunch was charged with possessing a weapon within a correctional
institution in violation of 18 U.S.C. § 1791.• Specifically, inmate Bunch possessed
an institution belt strung through two 'Master combination locks wired together. A
jury trial was held in Madison, Wisconsin on Monday, March 18., Inmate Bunch was
found guilty. Sentencing is scheduled for May 10, 1996.
United States v, Searcy, Case No. 95-40062, D. South Dakota, FPC Yankton
Inmate Searcy was accused of raping a mentally retarded woman on the grounds of
FPC Yankton. Inmate Searcy pled guilty to the charges. On April 1, 1996, inmate
Searcy appeared 'in federal court to attempt to remove his previous guilty plea. The
judge denied his request. Inmate Searcy will be sentenced on May 20, 1 996. Two

accomplices, inmate Edward Thomas and inmate Robert Meitz are scheduled for
sentencing on Monday, April 8, 1996, pursuant to their guilty pleas of February 6,
1996.
ADMINISTRAtiVE CLAIMS Of INTEREST
Robert Chung y; Federal Bureay of prisons, OCAHO Case No. 95800134, FCI
Greenville
.
.
The plaintiff in this case is claiming that UNICOR staff at FCI Greenville are
discriminating against him because he is a British citizen. Mr. Chung filed an
administrative complaint with the Executive Office for Immigration Review and the
NCRO responded with a letter detailing the reasons why th~ administrative judge
was without jurisdiction to hear the matter. Specifically, the NeRO pointed out
t~at the United States has not waived sovereign immunity under 8 U.S.C. § ,.324
and inmates have been found not to be "employees" for purposes of Title VII and
OSHA claims. The administrative judge responded by ordering the Bureau of
Prjsons to prove it employees more than four (4) but less than fourteen (14)
employees by April 30, 1996. Apparently the administrative judge's jurisdiction is
limited in this manrier.

STAFF TRAVEL AND LEAVE

•

John

None Scheduled

Daryl

AUSA Minnesota

Dan

None Scheduled

Gwen

None Scheduled

James

None Scheduled

Janice

Annual Leave

April 3-5

April 4,5,8,9,12

Gary

Annual Leave

Janet

None Scheduled

Rick

Annual Leave

April 22-26

April 5

FTCA backup disk mailed to Mary Rose Hagan on April 1, 1996.