JU

,

UNITED STATES GOVERNMENT

SUBJECT:

TO:

John
Nort

L~/1.

memorandum

Shaw, Region~i Counsel
ntral Regi0}2'~

::::ace :~P:::~e~AS(~istant Director ,jJl~'-/~/''WI
,i

General Counsel and Review

l~_()m~P§~~RlR~ARISONS ~
"

LCOUNsn

PENDING TRIALS/HEARINGS

There were no reports of pending trials or hearings for the month
of May 1993 received from the institutions within this region.
DECISIONS/SETTLEMENTS/CASES OF iNTEREST

Gladson v. u.s. Penitentiary, 92-3505, D. Kansas, USP Leavenworth.
Plaintiff alleges that defendants have improperly withheld medical
records which he requested pursuant to the Freedom of Information
and Privacy Acts. Institution staff have no record of the inmate's
request for medical records. Upon receipt of the inmate I s request,
access to the releasable portion "of his medical file was provided.
A Motion to Dismiss or in the alternative for Summary Judgment was
filed on March 1, 1993. The Court has given the plaintiff until
May 7, 1993 to respond to the Motion for summary Judgment.
united states v. Kizel, 90-CR-114, E.D. Wisconsin.
Defendant Rick Kizel, a convicted drug dealer incarcerated at FCI
Tallahassee, returned to the Eastern District of Wisconsin pursuant
to a reduction of sentence motion.
In support of the motion,
inmate Kizel wrote a seventeen page letter to the Judge complaining
of medical treatment by medical staff at the MCC Chicago.
Judge stadtmueller did not seek a response from the Bureau of
Prisons.
The AUSA did not object to the accuracy or contents of
the letter.
The Judge assumed the inmate's comments and
allegations were accurate and directed the AUSA to have BOP staff
"available to provide testimony on the matter in March. The Judge' s
comments were the topic of several newspaper articles in the
Milwaukee area.'
In response to the letter and the Judgels comment, MCC chicago
staff prepared and submitted a fifteen page report with the court
that established inmate Kizel'received appropriate care and
treatment while at MCC Chicago. A copy of the report (dated March
1, 1993) and an Executive Summary dated March 2, 1993 was
previously submitted to your office.
OPTIONAL FORM NO. 10
(REV.I-aG)
GSA FPMR (.1 CPR) 101-II.e
SOI~".

'"
The Assistant u.s. Attorney informed our office that if the Court
desired further information concerning Mr. Kizel, the u.s.
Attorney's Office would be contacted by the Judge.
At this time
neither the u.s. Attorney nor the BOP has received any inqu~r~es
from the Court concerning Mr. Kizel. We presume the matter to be
closed.
OTHER MATTERS OF INTEREST

Last month we finally were able to log onto the FOI/PA database via
modem. We have updated our request files to January 1, 1993 except
for those requests received directly from the requestor and
processed in this office. These latter requests are from medical
institutions or social Security Disability offices only.
within
the next months we will be copying these requests from our files
and forwarding the request and a copy of our response to the FOI/PA
section for initial logging.
After utilizing the FOI/PA tracking system for the past month we
had a few comments that were conveyed to Yvonne Hinkson by
memorandum last week.
STAFF TRAVEL AND LEAVE

John

MAY 3,4,5,6
MAY 12,13
MAY 18,19

Washington, D.C.
USP Marion
FPC Yankton

Daryl

MAY 12,13
MAY 28

USP Marion
Annual Leave

Paul

MAY 3,4,5,6

LEI-Chicago

Gary

MAY 27,28

Annual Leave

Helen

MAY 21,24,25

Annual Leave

...,)u-

UNITED STATES GOVERNMENT

memorandum

DATE:

J
• Shaw, Regional Counsel
North Central Region
MONTHLY REPORT -

N

~

TO:

Wallace H. Cheney, Assistant Director
General Counsel and Review
PENDING TRIALS/HEARINGS

There were no reports of pending trials or hearings for the month
of June 1993 received from the institutions within this region.
DECISIONS/SETTLEMENTS/CASES OF INTEREST

Gladson v. u.s. Penitentiary, 92-3505, D. Kansas, USP Leavenworth.
Plaintiff alleges that defendants have improperly withheld medical
records which he requested pursuant to the Freedom of Information
and Privacy Acts. Institution staff have no record of the inmate's
request for medical records. Upon receipt of the inmate's request,
access to the releasable portion of his medical file was provided.
A Motion to Dismiss or in the alternative for Summary Judgment was
filed on March 1, 1993. The Court gave plaintiff until May 7, 1993
to respond to the Motion for Summary Judgment. As of this date we
have no further information in this action.
Gonzalez v.
Benson, 93-3166-RDR, D. Kansas, USP Leavenworth.
and
Gonzalez v. Jenkins, 93-3157-RDR, D. Kansas, USP Leavenworth.
Petitioner, in 93-3166 alleged staff violated his rights when they
denied him food and assaulted him in his cell.
In 93-3157 he
alleged staff assaulted him on several occasions and that his
complaints to the Warden went unanswered.
The Court in each of the above actions dismissed without prejudice
to
allow
the
Petitioner
an
opportunity
to
exhaust
his
administrative remedies. The Court held that the Bureau of Prisons
had special expertise in the areas of prison management and an
interest in promoting internal resolution of inmate complaints and
in preserving its authority by preventing" the undermining of its
authority by unnecessary resort by prisoners to the federal courts.
Both actions were dismissed without prejudice on April 30, 1993.
OTHER MATTERS OF INTEREST

Eddie Jones FTCA Administrative claim for wrongful death at the
U. S. Medical Center for Federal Prisoners, springfield 'o~~Ai9~.,o
(REV. 1-80)

GSA FPMR (4' CFR) 101-11 ••
$0'0-"4

·U.s. GPO: 1882-3120071/!50028

This claim is due for a response on June 3, 1993. However, at this
juncture, the claimant has not provided our previously requested
evidence of adoption.
In our most recent correspondence to the
attorney for the claimant we have reasserted our need for the above
information prior to making any determination in the claim.
We continue to struggle with FOI/PA. We find that several problems
are recurring and are in need of some form of remedial action. We
have listed these concern in a seperate memorandum to you.
STAFF TRAVEL AND LEAVE

John

JUNE 7-10

Denver

Daryl

JUNE
JUNE
JUNE
JULY

Annual Leave
Denver
Annual Leave
Annual Leave

4

7-10
18
1,2

Paul

JUNE 25
JULY 1-6

Annual Leave
Annual Leave

Gary

JUNE 7-10

Denver

Helen

JUNE 14-22

Annual Leave

Sonya

JUNE 16-25

House Hunting Trip
Washington D.C.

Jackie

JUNE 22-25

Annual Leave

Erv

JUNE 1

Annual Leave

Amy

JUNE 4

Annual Leave

UNITED STATES GOVERNMENT

DATE:

July 7, 1993

.

i

REPLY TO

" .. "', John R. SJja....,

I

'7, (:
.'.

"

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J.F;ion I Counsel

North Central Regional Office Kansas City, MO 64153

!

'l'

J

MONTHW REPORT/QUARTERLY REPORT
.

TO:

'

; ,.., j":

" /,
I

SUBJECT:

'\

-memorandum

/

wall~{H. Cheney, Assistant Director
General Counsel and Review

PENDING TRIALS/HEARINGS

Duarte v. U.S.A., Civil Number 92-509-WDS, FILS, USP Marion. In this action the inmate
alleged the loss of personal property in his placement in administrative detention at USP
Leavenworth and his subsequent transfer to USP Marion. Claimant asserted .a loss in the
amount of $884.30. Our review of the administrative claim and subsequent suit disclosed
a possible loss of a few minor items of personal property. Accordingly, the inmate was
offered $54.00 in settlement of his claim, but refused the offer.
A bench trial is scheduled for Friday, July 9, 1993, at the USP Marion Courtroom.
There were no other reports of pending trials or hearings received from the institutions
within this rellion
.... .
DECISIONS/SEITLEMENTS/CASES OF INTEREST

Gladson v. U.S. Penitentiary, 92-3505, D. Kansas, USP Leavenworth. Plaintiff alleges that
defendants have improperly withheld records which he requested pursuant 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 request for
medical records and, upon notice of the inmate's request, provided him access to the
releasable portion of his medical file.
On June 2, 1993, the Court dismissed this action on the basis the inmate failed to pursue his
administrative remedies and moot ness when he was provided access to releasable medical
files.

Sellars 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 dismissal and subsequently reopened. The court has appointed
counsel for the inmate and is considering whether to allow discovery. At this point we have
heard nothing regarding discovery in this case. We note that, while inmate Sellars was pro
se, he was allowed extensive discovery.
Bellecourt v. USA, 92-1818MN and 92-2002MN, 8th Cir. Court of Appeals, FMC Rochester.
Plaintiff appealed the District Court's dismissal of his medical malpractice action. The basis
of Plaintiffs appeal is whether a grossly negligent misdiagnosis is a form of deliberate
indifference prohibited by the Eighth Amendment of the United States Constitution, even
where a physician states a personal belief that he has followed a reasonable course of
treatment. Dr. Wynn, a defendant, was a government contractor. He cross-appealed the
trial court's conclusion that he was an independent contractor rather than an employee.
The Court of Appeals affirmed the trial court finding (1) the plaintiff has
presentment of an administrative claim, (2) the contract physician was not
indifferent, and (3) the trial court properly dismissed the pendant state action
malpractice because the plaintiff failed to file a timely notice of expert review.
cross-appeal was dismissed as moot

not proven
deliberately
for medical
Dr. Wynn's

FTCA ADMINISTRATIVE CLAIMS

The FICA administrative claim concerning the alleged wrongful death of Eddie Bishop
Jones is pending response. We continue to research this matter and collect further
information regarding the law ~nd factual issues in this claim. Our focus at this point is in
determining whether the claimant, Mrs. Jones, is actually the mother of the deceased inmate
and whether she was timely (for purposes of the FICA claim) appointed the legal
representative of the estate.

STAFF TRAVEL AND LEAVE

Daryl

JULY 1,2, & 6

Annual Leave

Paul

JULY 1,2, & 6

Annual Leave

Sonya

JULY 1 & 2

Annual Leave

Gary

JULY 15, 16, 19, 20, & 21

Annual Leave

AMY

July

Annual Leave

2

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LaC - LOCATION
mnc - Nt1KBD 01' TOTAL LAWSUITS FILED IN QUARTER
BC - -NUMB.. 01' HABEAS CORPUS ACTIONS FILED
PTC - HUXBIR 01' lTCA ACTIONS PILED
BIV - HOKB.. 01' BIVENS ACTIONS FILED
O'l'B - OTRla ACTIONS lILHD
ANa - HUXBI. 01' LITIGATION REPORTS COMPLETBD
PEN - PIJlDDG
CLD - NUMB.a 01' ACTIONS CLOSBD
HIT - NUMB.a 01' HBARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - N'tJXBBR 07 ~BTTT.1I!V1!!!,!,! (!!!Cltm! !m'O :n: !uum:.'l':VZ~
AWD - NUXBla OJ' AWARDS ( INCLUDB INFO IN NARRATIVE)
GOVERHMEBT ACTION AND DATB 01' ACTION - (INCLUDE IN NARRATIVE)

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TORT CLAIMS

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NARRATIVE ANALYSIS
DEFINITIONS

LaC - LOCATIO.
NOH - NUMB.. ~%LED r.H QUARTER
PROP - PROPEan CLAm

PI - PEUOnt. INJURY CLAIK
APPR - APPROVBD
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AlP - AVERAGB LBHGTH;: OP TID TO PROCESS

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