Fbop Ncr Monthly Reports 1998sep-dec
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u.s. DEPARTMENT OF JUSTICE Federal Bureau of Prisons North Central Region Office of Regional Counsel Kansas City, KS 66101 October 8, 1998 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN R. SHAW, Regional Counsel SUBJECT: ~PORT (September, 1998). LITIGATION. CLAIMS; AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: ( inst nurn he ftc biv oth ans pen eld hIt set a.wd NCR 45 21 2 5 5 18 444 10 0 1 0 HUM - Number of total lawsuits filed in the month (1) HC - Number of habeas corpus actions filed in the reporting period FTC - Number of FlCA actions filed BIV - Number of Bivens actions filed OTH - Number of other actions filed, e.g. t mental health, mandamus ANS - Number of litigation reports completed PEN· Number of cases pending CLD - Number of cases closed Hrr - Number of hearings or trials (Include In narrative) SET - Number of settlements (include in narrative) AWD - Number of Awards (include In narrative) *Number of open eases on LMS. ADMINISTRATIVE CLAIMS: JAN FEB MAR APR MAY JUN JUL AUG SEP 61 50 66 81 56 74 98 95 73 Total for Calendar Year 654 Pending 272 2639 OCT N()\' DEC North Central Region Regional Counsel Monthly Report September, 1998 Page 2 ADMINISTRATIVE REMEDIES JAN FEB MAR APR MAY JUN JUL AUG SEP 184 170 210 198 249 241 241 223 202 OCT NOV DEC . Total for Calendar Year 1918 FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS FOIA ACTUAL ON-HAND °26 10 ACTUAL RECEIVE D 67 25 ACTUAL PROCESSED 56 18 ACTUAL BACKLOG ( PRIVACY ACT 1* 0 Backlog represents those requests which have not been responded to within the twenty work days target set by DOJ. * Awaiting records from archives. ADVERSE DECISIONS Washington v. Hedrick, 97-941-JPG, USP Marion A motion for summary judgment was denied and the petitioner's request for writ of habeas corpus was granted. The Court ordered that the BOP recalculate the petitioner's sentence by a\\·arding credit for time served between July 23, 1995 and March 27, 1996. A motion to reconsider has been filed by the government. The petitioner was released from BOP custody on August 19. 1998 to law enforcement officials acting on behalf of the State of Couth Carolina to serve the remainder of his parole violator term. SETTLEMENTS OR JUDGMENTS ( Sartin v, United States, 97-2780-G BRE, FPC Marion This FTCA case originated from a chair that collapsed during Ms. Sartin's visit with her son at FPC Marion. Though claiming to be alright the time of the accident, she subsequently sought $50.000 in damages for injuries, pain & suffering, mental anguish, loss of earnings and medical expenses. This case was settled for $12,000.00. 2640 North Central Region Regional Counsel Monthly Report September, 1998 Page 3 DECISIONS OF INTEREST SeiDen v. Scott and Hanson. 9S-318S-RDR, USP Leavenworth On September 23, 1998, the court granted defendant's motion for summary judgment in part and denied it in part. All official capacity claims against Warden Scott and Lt. Hanson have been dismissed. Summary Judgment was granted in favor of Warden Scott on all individual capacity claims. The only claim remaining ~n this case involves an allegation of excessive force against Lt. Hanson. Lt. Hanson is represented by a private attorney. Retention of private counsel was authorized in accordance with the provisions of 28 C.F .R. sections 50.15, 50.16, and Civil Division Directive 2120A in 1995. Johnson v. Warden J.T. O'Brien, 98-C-0528-S, FCI Oxford Inmate alleged that his three witnesses were not called to his DHO hearing. The DHO report stated that the witnesses did appear at the hearing and testified. Subsequent investigations revealed that the witnesses were not called to the hearing. The inmate will be granted a new DHO hearing with a new DHO officer. ( Malik v. Mack. et ai, 95-3213-RDR, USP Leavenworth Defendant's Motion for Summary Judgment is granted. Plaintiff alleged that defendant correctional officers'vi<?lated his First, Fourth, Fifth and Eighth Amendments by using excessive force dwing a cell move. PENDING CASES OF INTEREST YousefCRamzi Ahmed) v. Reno. Hawk and Hurley, 98- -2008, FCI Florence Local papers ran a story about a civil suit filed by inmate Yousef challenging his 501.3 conditions of confinement. Inmate challenges his various special restrictions, including the English only rules. In re Jody Dunn, USP Florence An emergency ex parte application was filed to allow forced feeding, rehydration and testing of inmate Dunn, who was refusing to eat or cooperate in necessary testing'. Mr. Dunn's condition was becoming serious. Judge Miller ordered an immediate hearing on the matter. Although ~1r. Dunn had ag..eed to eat and drink during the time between the filing and the hearing, the hearing continued. The court ordered inmate Dunn to cooperate with efforts to feed and test him medically. ~1atter is to remain open until mid November when a status report will be filed. ( Shinpaugh v. T. Carlson, 98-WM-706, FeI Florence Civil rights case which claims that plaintiff's mail was improperly read and censored by defendants in violation of his 151 Amendments rights. Plaintiff also claims that the UDC found him guilty of insolence based on the letter and thereby denied him due process in violation of the 5th Amendment. 2641 North Central Region Regional Counsel Monthly Report September, 1998 Page 4 ( Plaintiff filed notice of intent to challenge PLRA as violating Article III, equal protection and as a bill of attainder under Article III. Blanche ».yer y. U.S.A., 4-92-CV-70077, MCC Chicago An inmate who was at MCC Chicago for two weeks in 1989 filed a tort claim with the U.S.M. regarding her medical treatment as a .pre-trial inmate. The Iowa court granted summary judgement for the government, and the CTA reversed, remanding to N.D. Illinois. Case now focuses on treatment she received from Bureau of Prisons. Victor A. Age y. Warden J. T. O'Brien, 98-C-686-S, FCI Oxford Petitioner alleges in this habeas that he is illegally confined at FCI Oxford due to CIMS violatiohs. He alleges that he is to be separated from Mexican Mafia inmates, but Mexican Mafia inmates are present at FCI Oxford. Hampton y. Keohane, et ai, 98-3390-CV-S-RGC-H, USMCFP Springfield Petitioner contends that the BOP should activate a heart transplant procedure necessary to preserve his life or grant him an immediate release from custoqy to arrange for a heart transplant. ( RELIGIOUS FREEDOM RESTORATION ACT CASES ... None. HEARINGS AND TRIALS None. UPCOMING HEARINGS OR TRIALS Timothy Ueland v. United States of America, D.Minn., FCI Sandstone Oral argument set for October 8, 1998 at 11 :00 a.m. Lozano v, Reno. 95-S-2661, NeRO Plaintiff is a former BOP staff member who was terminated for not disclosing certain information in his backgroWld investigation. The plaintiff claims he was fired because of his national origin and in retaliation for utilizing the EEO process. The BOP lost at the administrative level and the plaintiff is seeking nearly $300,000 in backpay and attorney's fees. Assistant Regional Counsel Dan Eckhart will assist at trial. U.S. v. Larkin (98-10026), FCI Pekin Sentencing on Introduction of Contraband Charge set for October 15, 1998. 2642 North Central Region Regional Counsel Monthly Report September, 1998 PageS u.s. v. Payne (98-10028), FeI Pekin Sentencing on Assault on a Correctional Officer set for October 16, 1998. u.s v. Miller (98-10046), FCI Pekin , JUlY Trial on Introduction and PWID Contraband. lIDs charge makes the irunate a career offender. He is looking at a guideline range of262+ months. The inmate's attorney has attempted repeatedly to get the inmate to plead but has been unsuccessful. U.S. v. Petty (98-10027), FCI Pekin Sentencing of Introduction of Contraband charge set for October 23, 1998. CRIMINAL MATTERS U.S. v. Missra Araiza-Reyes, FCC Florence Inmate pleaded guilty to Voluntary Manslaughter on August 28, 1998. Sentencing set for November 5. ( u.s. v. Francis and Haney, USP Florence Inmates charged with attempted escape from USP and possession of contraband (escape paraphernalia). Defense counsel concerned about ability of imnates to have telephonic contact with - court. A fonn order was prepared concerning the contact procedures. Another motions hearing set to discuss discovery requests for plans and blueprints showing all security devices at USP Florence. We have objected strenuously, providing an in camera declaration from Warden Holt as to the dangers of releasing such information. U.S. v. Mills, USP Florence This civil rights trial involving former counselor striking an inmate who was in restraints at USP Florence was held from June 29 through July 2. Jury returned a guilty verdict, finding he violated 18 USC 242. Several BOP stafT~ and former staff, traveled to testify. Sentencing hearing \\'as held on September 23. Mills was sentenced to 33 months, 3 years supervised re~ease \\'ith a mental health aftercare provision. When imposing sentence, Judge Daniel was concerned about a possible placement. Court is "strongly recommending" placement in a state facility. This case reccivcd press coverage. , u.s. v. Riddle and Black~ USP Florence Plea negotiations ongoing regarding the charge of an inmate murder at USP. ( U.S. v. McElhiney, USP Lea\'enworth On September 9, 1998 .. inmate Michael McElhiney, Reg. No. 04198-09 was indicted in the: District of Kansas for possession \-\'ith intent to distribute and distribute heroin, in violation of lith: ~ I U.S.C.§ 846 and § 841 (b)( 1)(C) and Title 18 U,S.C. §- 2 in connection with an offense: un llf about 2643 North Central Region Regional Counsel Monthly Report September, 1998 Page 6 ( the 1st day of January 1995, to on or about the 30th day of December 1995. McElhiney is c~ently being temporarily housed at USP Leavenworth and he has decided to represent himself in this matter. PERSONNEL ISSUES 8TAFF IRAVEL AN!> LEAVE ( .... ""- ' John October 13 - 14 Daryl None scheduled Dan October 20-22 October 26-29 Gwen None scheduled LeeAnn None scheduled Janet None scheduled Tracy September 28-0ctober 9 October 17-November 7 IF (USP Leavenworth) Glynco" Georgia Lisa E. September 28-0ctober 9 IF (USP Leavenworth) LisaM. None scheduled Beth None scheduled . Annual Leave Trial preparation @ Denver (Lozano) Trial @ Denver (Lozano) .~ Tort dBASE Files sent via e-mail to Delores Johnson, OGC, on 10/11/98. ( 2644 . u.s. DEPARTMENT OF JUSTICE F,:deral Bureau of Prisons North Central Region Office of Regional Counsel Kansas City . KS 66101 Novenlber 9. 1998 MEMORANDUM FOR WALLACE H. CIIENEY. ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN R. SHAW. Regional Counsel SUBJECT: MONTHLY REPORT (October. )998) LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: inst NCR nurn 39 hc 18 ftc 5 biv 12 ans 13 oth 10 pen cld 26 456 hIt 10 set 5 awd 0 OCT 70 NOV NUM - Number of total lawsuits filed in the month (1) HC - Number of habeas corpus actions filed in the reporting period FTC - Number of FTCA actions filed BIY - Number of Bivens actions filed OTH - Number of other actions flied, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLD - Number of cases closed HIT - Number of hearings or trials (include in narrative) SET - Number of settlements (include in narrative) AWD - Number of Awards (include in narrative) *Number of open eases on LMS. ADMINISTRATIVE CLAIMS: JAN 61 FEB 50 MAR 66 APR 81 MAY 56 .It IN 74 .lUI.. 98 Total for Calendar Year 724 Pending 286 3230 AUG SEP 95 73 DEC (. North Central Region Regional Counsel Monthly Report October. 1998 Page 2 ADMINISTRATIVE REMEDIES JAN 184 FEB 170 MAR 210 APR 198 MAY 249 JUN 202 JlJL 241 AUG 241 SEP 223 OCT 248 NOV DEC Total for Calendar Year 2166 FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS ACTUAL ACTUAL ACTUAL ACTUAL ( ON-HAND RECEIVED PROCESSED BACKLOG FOIA 34 55 60 I PRIVACY ACT 18 19 9 1 Backlog represents those requests which have not hcen responded to within the twenty work days target set by DO.f. . * Awaiting records from archives. ADVERSE DECISIONS Bellis v. Herrera & BOP, CIV98-4099, FPC Yankton Inmate tiled habeas petition alleging inlproper classification by BOP as ineligible tor early release under 18 U.S.C. § 3621(e)(2)(B). and requested an order from the court directing the BOP to reconsider his classification in accordance with the 8th Circuit decision in Martin. On October 23.. 1998. the Court granted the petition and ordered the BOP to reconsider Bellis's eligibility tor early release in accordance with their opinion. A motion to Alter or Amend Judgment was filed by the government. Shields v. Herrera, CIV98-4123, FPC Yankton Identical issue to Bellis. COllrt ordered that the BOP prOlllptiy reconsider the eligibility of petitioner in accordance with their opinion in Bellis. Pierson v. Herrera, CIV98-4113, FPC Yankton Identical issue to Bellis. Court ordered that the BOP promptly reconsider the eligibility of petitioner in accordance with their opinion in Bellis. ( ll.S. v. Brandon, 1998 WL 735839 (6 th Cir.), FMC Rochester An adverse decision in this case of a pretrial detainee committed to the custody of the Attorney 3231 ( North Central Region Regional Counsel Monthly Report October.. 1998 Page J General for restoration ofconlpetence to stand trial pursuant to 18 U.S.C. § 4241(d). The issue before the Sixth Circuit was whether a pretrial detainee is entitled to a judicial hearing prior to the involuntary administration of antipsychotic medication to restore competence. The Court held that due process requires that a non-dangerous pre-trial detainee be provided a judicial evidentiary hearing prior to being involuntarily medicated tor the purpose of rendering hiln/her competent to stand trial. The Court then held that thc governnlcnt's request to f()rcibly medicate a nOll-dangerous pre-trail detaince nlust survive the strict scrutiny standard .. and that the government must prove its case for involuntary medication by clear and convincing evidence. SETTLEMENTS OR .JUDGMENTS Barnes v. United States, 96-3280-CV -S-4, MCFP Springfield Plaintiff tiled an FTCA against go\'ernment otlicials alleging negligence when officials allowe.d him to retain a razor blade and his eye glasses thus facilitating his suicide attenlpt. He also alleged nledical negligence by the physician in failing to properly diagnose and treat his heart attack. A settlenlent agreement was reached in the amount of $20 . 000.00f.: Boyd v. United States, 98-S-1026, ADX Florence Plaintiff was offered $25 to settle this FTCA case 011 October 15. 1998. The innlate agreed to settle for this amount .. but was concerned about how nluch of his settlenlent would go toward his tiling fee of $150. The inmate was informed that twenty percent of all deposits would be applied to the tiling fee because he remained liable for this accrued cost. The judge closed the case on October 20.. 1998. Cuoco v. United States. 97-CIV-1268. FCC Florence NERO case. On October I .. 1998. an Oller of Judgnlent for $10.000 iii tavor of the Plaintiff in this case was received from the AliSA f(lr the Southern District of New York. The inmate agreed to the oller on Monday. Octoher 5. The AUSA arranged to have judgment entered against the United States. The judge closed the case in the nlatter. ADX stafT continue to work with thc NERO and the u.s. Attorney's Office regarding the receipt of the seUlclllent al110unt due to the fact that the innlate owes the ADX $946.02 in DHO restitution. copies . postage. and a court tiling fee. Cuoco v. United States. 93-CIV-2806, FCC Florence NERO case. On Octo her 1J . 1998. an Oner of .Judgment for $3.500 in tavor of the Plaintiff in this case was received the AUSA f(lr the Southern District of New York. Again . the inmate accepted the offer ofjudglllent and the judge closed the case in the nlatter. As stated in the above reterenced case . ADX staff continue to work with the NERO and the U.S. Attorney's Office regarding the receipt of the settlcnlent amount due to the fact that the inmate owes the ADX $946.02 in DHO restitution. copies. postage. and a court filing tee. Hernandez v. BOP, et al., 98-S-731. FCI Englewood Plaintitr alleged defendants improperly refused to allow her to visit her husband while he was 3232 (' \ North Central Region Regional Counsel Monthly Report October.. 1998 Page 4 confined at FCI Englewood. Case was settled when imnate was accepted for halfway house placement. DECISIONS ()F INTEREST ( .. , Lozano v. Reno, 95-WM-2261, FCI Englewood After a three-day trial.. U.S. District Court Judge Walker Miller found for the United States and ruled that a former employee was not discriminated or retaliated against when he was removed from his position for falsification of preemployment documents. The case was very close because while the judge ultilnately fbund for the United States.. he found that there were several problelns with the way the BOP cunducted the precmploynlent screening process and did not think the plaintiff was treated fairly. The judge gave considerable weight to the testimony of former FCI Englewood Warden Anthony Bclaski and his employees who felt that Bclaski was fair and supportive of minority enlployees. Since this case was filed before the enactment of the 1991 Civil Rights Act the pl,aintiff was linlitcd to seeking eight years of backpay and attorneys' fees. Based on the amount of tinle opposing counsel has invested in the case.. it is expected they will appeal the decision to the Tenth Circuit. The case was handled by legal staff at the NeRO. Brown v. Helman, 98-1232, FCI Pekin Habeas petition in which petitioner was alleging that she was wrongfully removed from her job. She requested back wages. Casc tenninatcd on October 20. 1998 for two reasons: imnates have no constitutional right to a job and tnonetary damages are not an appropriate remedy under § 2241. Freeman v. True, et al., 97-2378-KHV, llSI' Leavenworth In this case.. plaintiff alleged that certain onicers were negligent and deliberately indifferent to his safety in allowing him to be attackcd by a fellow prisoner in the Special Housing Unit recreation pen while he was in restraints. The plaintifrs negligence claim was disnlissed in November 1997 for failure to cOlllply with the Federal Tort Claims Act. In granting the defendant's motion for summary judgnlent. the court concluded that the plaintiffs 292's do not support an inference that the detendants' conduct exceeded mere negligence.. at worst. To the extent that the Form 292's reflect a rctl!rence of "SEP ALL" status the day he was attacked .. there is no indication that the defendants actually drew an inference from these forms that plaintiff was in danger. The evidence established that the defendants' normal procedure was to determine an inmate's separation status using the SHU Roster. [' Rollins v. Tom Wooten, Warden et al., 94-CV-1585. USP Leavenworth On May 25. 1995 judgment was entered in favor of the defendants and against plaintiff 3233 North Central Region Regional Counsel Monthly Report October.. 1998 Page 5 dismissing action and complaint. Plaintiff had alleged in this Bivens -styled action that the defendants failed to protect him and as a result his was assaulted by 4-5 other inmates. Nguyen v. J.W. Booker, Jr., 97-3382-RDR, 10th Cir. Case No. 97-3338, USP Leavenworth On September 3~ 1998 the 10th Circuit Court of Appeals affirmed the decision of the District Court and ruled that it was correct for the District Court to dismiss this 2241 petition for writ of habeas corpus for failure to exhaust. However. the District Court should not have based the dismissal on the Prison Litigation Reform Act (PLRA). According to the 10th Circuit Court of Appeals~ this petition did not fall within the PLRA's language barring suits challenging prison conditions before administrative remedies have been exhausted. Stotts v. Keohane, 98-31 72-CV-S-R(;C-H, MCFP Springfield Petitioner contends a constitutional violation in bdng denied a specific treatment tor liver disease or given a liver transplant. The Court noted that while the petitioner believes he is a suitable candidate for a liver transplant there was nothing in the file to support his claim. The Court agreed with the Magistrate that petitioner's contentions regarding a deliberate indifterence to his serious was without merit. The Court dismissed petition without pr~iudice. (Petitioner also filed a nlotion seeking to join with several other innlates in a class action on the issue of the BOP's policy on organ transplants. Because a habeas corpus petition is not the appropriate lueans by which to pursue a class action the nlotion was denied). PENDING CASES OF INTEREST Teich v. U.S.A., et al., CV-S-98-01231-HCM, MCFP Springfield Defendants negligent medical care led to the plaintiffs descendant's (Patrick Friel .. Reg. No. 26914-048) death. BivenslNegligence claim regarding the death ofa quadriplegic patient. Gilliam v. Bureau of. Prisons, et al., 98-3424-CV-S-RGC-H, MCFP Springfield Petitioner contended that he is in custody unlawfully because he was hypnotized with LSD by the U.S. Army to commit his crime. Massey v. Wheeler and Helman, 98-1348, FCI Pekin Bivens clainl alleging the defendants have denied the plaintiff uIl1110nitored attorney calls in violation of his tifth anlendment rights. This is the same plaintiff/attorney teanl who lodged the class action" medical suit against the institution last October. Coriano v. Sieter, et al., 98- 2240, FCI Florence/Fel Greenville Inmate claims he i's being discriminated against because of his race. that he is being improperly designated as a gang nlember due to his race. and that he is being improperly subjected to urine surveillance because of his race. PlaintifT sues defendants at both Greenville and Florence. PlaintitTseeks $14 million. as ""ell as a variety of declaratory and injunctive relief. 3234 II ( North Central Region Regional Counsel Monthly Report October.. 1998 Page 6 Couco v. Lopez, 98-D-1182, lJSP Florence Plaintiff seeks $25 ..000 from defendant for an alleged assault upon him when he arrived at ADX July 9 .. 1997. Court disnlisscd the FTCA c1ainl as frivolous (missing the assault and battery proviso) but allowed the Bivens and 1985( 3 ) claims to proceed. Palozie, In re Jonathan, USP Florence Inmate with severe hypertension refused to take his required nledication for over nine days. Clinical director was concerned that the imnate would sutler a stroke. as he has in the past.. and asked for a forced medication order. Court ordered a hearing that was set for October 23. The hearing was held via video conference. with the inmate being appointed counsel. At the close of the hearing .. "the inmate agreed to take the Illedications as prescribed and to allow our medical staff to take blood pressure and EKG's. Govcrnnlent nloved to dismiss as moot.. without pr~judice. Akbar v. Hawk and Pugh, 98-WM-0968, FCI Florence Habeas challenge to the Bureau's IFRP and the court's delegation of determining a payment schedule to the BOP .. ala Mortinler and Worknlan in the Third Circuit. Bignotte v. Ontivero, et al., 97-3506-GTV, IISP Leavenw3rth In this Bivens styled 3:ction. plaintiff alleges the three named defendants violated his civil rights on or about July 12 .. 1996 while he was confined at USP Leavenworth. Specifically. plaintiff alleges that defendants were Illade aware that plaintiff was in fear of his safety and failed to move him from the unit where he was housed. As a result .. plainti ff alleges that he was attacked by another inmate with a razor which caused serious permanent injuries. Plaintiff seeks monetary damages trOlll defendants in their otlicial and individual capacities. Char Thomasson, Trustee in wrongful death v. U.S., et al., 98-CV-2167, USP Leavenworth Plaintitls alleges defendants negligently caused the death of Stanley Thomasson . in violation of his Eighth Anlendment rights .. the Federal Tort Claims Act .. and the Violence Against Women Act. Thonlassoll died on Septenlber 26. 1996 as a result of blunt traulna to the head. An adnlinistrative clainl was never tiled on this case. Garraway v. Kathleen Hawk, et al., 97-3023, liSP Leavenworth In this case which was transterred fronl the Central District of California. plaintiff asserts a claim of cruel and unusual punishnlent against three of the defendants for an alleged assault in the Special Housing Unit at USP Leavenworth in June 1995. In his second claim .. plaintiff asserts four other defendants refused his request over a 72 hour period to release him from restraints. He argues their actions violated his rights under the First Anlendment and Religious Freedom Restoration Action by preventing him from washing and praying as required by his religious beliefs. In his final claim. he contends that he was denied due process when defendant Kenny 3235 North Central Region Regional Counsel Monthly Report October.. 1998 Page 7 ( intentionally filed a false incident report regarding the physical confrontation that resulted in plaintiff being placed in restraints. The court has dismissed defendant True and Director Hawk. Plaintiff is allowed to proceed against the remaining defendants. Alvarez v. United States, 98-C-3676, MCC Chicago Plaintiff in this FTCA action alleges that Inedical statl' negligently provided or tailed to provide him with Inedical care for his ankle and broken leg. atter he had injured himself during' a basketball game. RELIGIOUS FREED()M RESTORATION ACT CASES Kikumura v. Hurley, et al .. 98-8-1442, USP Florence Inmate challenges the denial of pastoral visits. As the inmate expressly raise! his complaint outside representation was sought on the case. The AlJSA has , tor extension of time given that outside cuunsel is being considered in this case. tI (' \. ...... ~ in on Garraway v. 'Kathleen Hawk. et al., Case No. 97-3023, USP Leavenworth In this case which was transferred from the Central District of California. plaintitl asserts a claim of cruel and unusual punishment and he argues the detendants actions violated his rights under the First Amendment and Religious Freedom Restoration Action by preventing him from washing and praying as required by his religious beliefs. HEARINGS AND TRIALS None. UPCOMING HEARINGS OR TRIALS Gonzales-Melebe v. Pugh, 97-WM-2470, FCI Florence Petitioner is a Mariel Cuban housed at FCI Florence. He tiled a petition seeking immediate release on parole. The petition was denied with one exception. The exception is that petitioner has apparently not been reviewed f(lr possible parole on a regular basis and the court intends to evaluate the last parole denial. The Court ordered that an evidentiary hearing will be held via video conference to determine whether petitioner was denied parole appropriately. Hearing set tor Novenlber 18. 1998. Bustillos v. Hawk, et al., 95-WM-2242, USP Florence Plaintiff filed motions to compel BOP to provide him a pen. Pens restricted due to pJaintiff's aggressive actions using them to assault staff. Hearing for plaintifrs Motion for TRO set for i 3236 North Central Region Regional Counsel Monthly Report October.. 1998 Page 8 November 24. 1998 in Denver. Court orders that plaintiff will attend via video-conference from USP Florence. Witnesses can be at either locatiol1- u.s. v. Zepeda, 98-10073, FCI Pekin At the final pretrial October 21. 1998. the dclendant Illade a nlotion to dismiss based upon lack of su~iect nlatter jurisdiction. The nlotioll argued that the United States had never accepted jurisdiction of the FCI Pekin site in accordance with Title 40 U .S.C. § 255. The case was continued until October 30. 1998. The AUSA was provided with the necessary jurisdiction documents and filed a response containing such. The court denied the jurisdiction motion. A final pretrial hearing is scheduled tor November 6. 1998. 011 Bolivar v. BOP, et al.,98-C-204-S, FCI Oxford Plaintiff was given an extension to respond to detendant's Illotion It)r sumnlary judgement until November 5 .. 1998. Judge Shabaz has set a trial date lor No\elnber 23. 1998. CRIMINAL MATTERS u.s. /' \ v. Missra Araiza-Reyes. FCC Florence Inmate pleaded guilty to Voluntary Manslaughter on August 28.. 1998. December 16.. 1998. Sentencing set for '. u.s. v. Francis and Haney, USP Florence Inmates charged with attempted escape from USP and possession of contraband (escape paraphernalia). Motions hearing set It)r November 5. 1998. u.s. v. Riddle and Black. USP Florence Plea negotiations ongoing regarding the charge of an inmate murder at USP. Plea set for November 6 .. 1998. lISA v. Simmonds. ADX Florence Arraigned on two counts of assault on staff at ADX. Matter initially charged as Inisdemeanors but due to history of assaultive behavior.. inmate indicted on telony counts. Trial postponed to Dcccillber 7. 1998. USA v. Van Meter, ADX Florence Inmate plead guilty to count one and was sentenced to six months on October 6. 1998 for possession of a weapon at the ADX. 1l.S. v. Larkin, 98-10026, Fel Pekin Inmate sentenced to 18 months on an 18-24 month guideline for Possession of Marijuana. The court specifically found that the inmate tailed to show acceptance of responsibility for his actions. 3237 ( . ~ , . -rJ" , North Central Region Rcgional Counsel Monthl y Report OctoheL 199X f.~~~;," _ :~:=:'-- :_ , .. ~ U.S. Y. --~ .~ .; . " '~ . \ :-:. . ' . ..... :• r ,. : ; : .... - Miller, 98-100-'6, Fel Pekin Jury tri,al in which the dekndant was accused of Possession of Heroin with Il1lent to Distrihute and Possession ofCol1lrahand in a Federal Penal Institution . five fel Pekin sWITtestilicd in the course of the proceeding , The dekndalll conceded the second eount hut argued that he intt:ndcd the 4.4 grams of heroin Illr personal usc , The jury returned a verdict of guilty on hoth cnunts , Sentencing is set for Fehruary 2X . I ()l)X,IThis was thc lirst trial of any tyre at Pckin , They werc successful in having a Lieutenant certilied as an expert with regard tn the introduction. traflicking and use of narcotics in a kderal pri snn I, u.s. \'. ( Payne, 98-10028, FCI I)ekin Inmate was invoh'ed in an ~lltercation I\'hich stall which resulted in tllO ,-\ ss~ lult nn a Correctional Oflicer charges, Onc count lI'as dropped with the defendant's agrecmL'I1I to plead guilty and to wail'c his right to aPreal. The inm~lIe lI'as senteneeu tn X nH1I1Ihs (In ~I ..I-Ill 1', ,nnth guideline , u.s. \'. Petty, 98-111027, FCI Pekin ;\1 the sClltencing Jl)J" Possessioll of \bri.illal1~1. the inmUic was gl\"CI1 an nrrllrlllllil: 1\1 sho\\ acceptance of respnnsihility li'r hi s action hI inli1l'llling the court of hm\ hL' llhuincJ the' halloons, lie told thc cnurt he lillind thc hall(H1IlS in' the ch~lIll!e ... return on .- the \' endin~- machin,' anu then placed thcm in hi s chiI' hag , Thc :\1 ' S .. \ PUI the illlestig~lInr on the' stanJ alld ,,,hmilled the video as evidence in the mailer. I'he ,iudgL' clL-arly sail that the hallonns 1IL"r,' 1'1;1(,'.1 in Ih,' chip hag hy the inmates , I'isitor, The inmate lI'a s charged with Ohstruetion of Ju slic,' 111 adJition to his possession charges, lit: lia s sentenced t<l 21 Illnnths onllhat lias initial" ;11\ S·I-l mlllllh guideline, PERSOi\':--;[L ISSI I[S STAFF TRAVEL ANI) LEAVE 3238 North Central Region Regional Counsel Monthly Report November. 1998 Page 1 u.s. DEPARTMENT OF JUSTICE Federal Bureau of Prisons North Central Region Office of Regional Counsel Kansas City. KS 66101 Decelllhcr 14. 1998 MEMORANDUM FOR WALLACE H. CHENEY. ASSISTANT DIRECTOR GENERAL COUNSEL & REVIE\V FROM: JOHN R. SHAW. Regional Counsel SUBJECT: MONTHL Y REPORT (No\'enlher. J 9(8) inst nurn hc ftc biv oth ans pen cld NCR 47 26 4 12 5 6 472 21 hIt 2 set awd 0 0 OCT 70 NOV 77 NUM - Number of total lawsuits filed in the month HC - Number of habeas corpus actions filed in the reporting period FTC - Number of FTCA actions filed BIV - Number of Bivens actions flied OTH - Number of other actions flied, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLD - Number of cases closed HIT - Number of hearings or trials (include in narrative) SET - Number of settlements (include in narrative) AWD - Number of Awards (include in narrative) *Number of open cases on LMS. ADMINISTRATIVE CLAIMS: JAN 61 FEB 50 MAR 66 APR 81 MAY 56 JUN 74 JUL 98 Total for Calendar Year 801 Pending 251 { ADMINISTRATIVE REMEDIES \ 3275 AUG 95 SEP 73 DEC North Central Region Regional Counsel Monthly Report November. 1998 Page 2 JAN 184 FEB 170 MAR 210 APR MAY .fUN JUL AUG 198 249 202 241 ~41 SEP ..,..,., __ :J OCT NOV 248 211 DEC Total for Calendar Year 2377 FREEDOM OF INFORMATION ACT/PRIV ACY ACT REQUESTS PRIVACY ACT ACTUAL ACTUAL ACTUAL ACTUAL ON-HAND RECEIVED PROCESSED BACKLOG FOIA .,., 10 I~ 45 63 15 0 0 Backlog represents those requests \vhich have not been responded to within the twenty work days target set by DOJ. * Awaiting records fronl archi\'es. ADVERSE DECISIONS Capote v. Page True, Case No. 97-31S6-RDR, IISP Lea\'en\\'orth On September 18. 1998. the court granted this petition for \vrit of habeas corpus and vacated the petitioner's conviction and sentences on counts 3 and 4 under 18 U.S.C. section 924 (c)(l) . Hicks v. Brooks, Case No 97-1>-785, FCI En~lcwood Judge Daniel invalidated the BOP's use of sentence enhanccnlents to deny an inmate early release eligibility under § 3621 (e). In conling to his conclusion. the judge relied on the Fristoe opinion and found that the BOP ~'as wrong tl)r considering factors other than the offense an inmate was convicted of when nlaking early release determinations. The case involved application of the BOP's Categorization of Offenses progranl statenlent. SETTLEMENTS ()R .JlJD(;MENTS None. DECISIONS OF INTEREST Victor v. Romine, Case No. 97-2030, FCI Sandstone Habeas corpus action \\,'herein petitioner alleged his J 8 -USC § 922(g) charge. was not violent in District Court the 9th Circuit. therefore. he should be eligible for one year off for RDAP. 3276 North Central Region Regional Counsel Monthly Report November.. 1998 Page 3 dismissed petition without prejudice. PENDING CASES OF INTEREST Kelly (a/kla Harun Abdul-Walli Ghaffar). Case No. 97-3254-(;TV, USP Lea\'enworth In this case.. petitioner seeks a court ordered for change: in his Ilanle in \vhich he \vas convicted and sentenced. He has filed a Request for Issuanc~ of a N~\\ .ludglnent & Conllnitnlent Order. or an Order of Compliance to Recognize Defendant's Chang~ of~anle. Lewis v. United States, Case No. 98-64-JP. liSP l\larion Plaintiff alleges that staff were negligent in placing him in a housing unit with an inmate who posed a threat. resulting in an serious assault. lie seeks $50.000 in compensatory damages for pain suffered. periodic headaches and physical ddllrmity at the injury site. Valdez v. INS and John T. O'Brien. Case No. 98-C-687-S, Fel Oxford ;' \. The petitioner is a refugee from Mariel. Cuba. Pctitioner alleges that the INS did not execute a valid contract in 1981 which contained a provision for petitioner to become a citizen. He further alleges that the INS did not folio",," the APA. and that thc INS did not grant him meaningful review when they denied his parole. Initially this was an action involving only the INS. however. the Court subsequently ordered that thc petitioncr rctilc his §2241 action and name the proper respondent as the Warden. Celestin v. John Doe, et al., Case No. 98-D-14HH, llSI) Florence Plaintiff alleges he was assaulted and denied medical carc atter he arrived at USP Florence from FeI Florence after the October disturbance at th~ Fel. Gometz v. Warden, Case No. 98-0-1356, AJ)X Florence Plaintiff seeks $600. inclusive of costs. for allegcd dcstruction of pornographic magazines at ADX. Combination FTCA and Bivens casco Ilowc\'cr. plaintiff Inakes no allegations against an individual defendant. Henderson v. Smith, et aI., Case No. 98-WM-1385, Fel Florcnce/USP Florence Plaintiff alleges he was assaulted when transterred between the two institutions after the October 1995 riot at the FCI. He seeks $2.5 nlillion from thc defendants. Jolivet , .. USA, Case No. 98-B-0937. ADX Florence Plaintiff sues under FTCA for alleged inlpropcr dental carc. He alleges that BOP officials are not providing appropriate dental prosthesis ftlr his nceds. I Ic seeks $60.000.00. an examination and prosthesis provided by a specialist outside thc BOP at BOP expense. restoration of his dental health. and costs. 3277 North Central Region Regional Counsel Monthly Report November. 1998 Page 4 ( Parrott v. USA, et al., Case No. 98-B-0987, USP Florence Plaintiff alleges he was placed in SHU for no reason. that he was assigned an assaultive cellnlate. that he was disciplined for protecting himself from this cellmate. and that he was denied necessary medical care for the injury he received in this assault. He seeks $500.000 ($250.000 from the USA and $250.000 from the individual defendants. jointly and severally). Stanlev v. Lt. Lima, et al., Case No. 98-D-0760, lJSP Florence Plaintiff claims he was assaulted several times at the USP by other inmates and that staff allowed that to happen by refusing to give him single cell status. He alleges he was denied nledical care and was coerced into signing an inaccurate affidavit. He seeks a variety of declaratory and injunctive relief. as well as unspecified money damages. RELIGIOUS FREEDOM RESTORATION ACT CASES None. HEARINGS AND TRIALS Bustillos v. Hawk, et al., Case No. 95-WM-2242, USP Florence Plaintiff filed nlotions to conlpel BOP to provide hinl a pen. Pens restricted due to plaintiffs aggressive actions using thenl to assault stan: Hearing for plaintitl's Motion for TRO was held on November 24. 1998 \'ia "ideo conferencing. A decision is still pending. u.S. v. Zepeda, Case No. 98-10073, FCI Pekin Final pretrial hearing was held on November 6. 1998. Defendant pled guilty to Count 1 and waived right of appeal. Sentencing set for February 26. 1998. UPCOMING HEARINGS ()R TRIALS u.s. ( \ v. Francis and Hanev, USP Florence Inmates charged with attempted escape from USP and possession of contraband (escape paraphernalia). Motions hearing held on November 5. 1998. The discovery requests for plans and blueprints showing all security devices at lJSP Florence \\.'as discussed. However. the Court did not rule on the security issue. instead the Court set an in canlera hearing on the nlatter for December 30. 1998, 3278 (- North Central Region Regional Counsel Monthly Report Novenlber. 1998 Page 5 USA v. Simmonds. ADX Florence Arraigned on two counts of assault on staff at ADX. Matter initially charged as misdemeanors but due to history of assaultive behavior.. inmate indicted on felony counts. Trial postponed indefinitely due to AUSA illness. However. motions hearing set for December 10. 1998. Bernal v. Black, FCI Pekin The court has delayed the trial in Bernal. It v,as set to begin on Monday. Decenlber 14. 1998. The trial has now been postponed (for the fourth time) until February 3. 1999. CRIMINAL MATTERS U.s. v. Missra Araiza-Reyes. FCC Florence Inmate pleaded guilty to Voluntary Manslaughter on August 18. 1998. December 16.. 1998. ( Sentencing set for u.S. v. Francis and Hane,', USP Florence See above (Hearings and Trials). U.S. v. Riddle and Black. USP Florence Plea negotiations ongoing regarding the charge of an innlate murder at USP. Plea set for November 6. 1998. u.s. v. Simmonds. ADX Florence See above (Hearings and Trials). u.S. v. Jorge Lozano-Guerro, FCI Oxford Inmate received the nlaximunl 18-months for possession of a \\'capon. u.S. v. Reichenbach, FMC Rochester Inmate plead guilty to Assault on a Federal Officer. On Novelnber 18 .. 1998. inmate received a two year sentence. u.s. v. Zepeda, Case No. 98-10073, FCI Pekin See above (Hearings and Trials). c· PERSONNEL ISSUES 3279 u.s. Department of Justice Federal Bureau of Prisons North Central Regional Office Tom.!r II. 8th Floor -IOf} Stute Street "·onow." (·i~r. I\S 66101-2421 January 12. 1999 ( MEMORANDUM FOR CAROLYN A. SABOL. ACTING GENERAL COUNSEL FROM: JOHN R. SHAW. Regional Counsel SUBJECT: Monthly Report (December, 1998) LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: inst NCR nurn hc ftc biv oth ans pen cld hit set awd 41 21 8 8 4 19 483 22 4 0 0.00 . NUM - Number of total lawsuits filed in the month HC - Number of habeas corpus actions filed in the reporting period FTC - Number of FTCA actions filed BIV - Number of Bivens actions flied OTH - Number of other actions filed, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLD - Number of cases closed HIT - Number of hearings or trials (include in narrative) SET - Number of settlements (include in narrative) AWD - Number of Awards (include in narrative) 3303 North Central Region Regional Counsel Monthly Report December. 1998 Page 2 ADMINISTRATIVE CLAIMS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 61 50 66 81 56 98 95 73 70 77 81 74 ADMINISTRATIVE REMEDIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 184 170 210 198 249 241 ~41 223 248 211 209 202 Total for Calendar Year 2635 ( FREEDOM OF INFORMATION ACT/PRIV ACY ACT REQUESTS " PRIVACY ACT ACTUAL ON-HAND ACTUAL RECEIVED ACTUAL PROCESSED ACTUAL BACKLOG FOIA 17 17 11 1 27 54 48 ,,* Backlog represents those requests which have not been responded to within the twenty work days target set by DOJ. * Awaiting records from archives. ADVERSE DECISIONS None. SETTLEMENTS OR .JUDGMENTS None. 3304 c North Central Region Regional Counsel Monthly Report December~ 1998 Page 3 DECISIONS OF INTEREST Michael R. Hyde v. Kathy Hawk, Case No. 98-3107-GTV, USP Leavenworth In this case~ plaintiff sought the return of funds \vithheld under the Inmate Financial Responsibility Program (IFRP). He challenged the authority of the BOP to set up a restitution payment mechanism. The plaintiff admitted that he signed up for the IFRP program~ but stated he did so only to keep privileges that would have been impacted if he failed to participate in IFRP. The court found any relief on plaintiffs claim was defeated by the doctrine of invited error. See Brown v. Presbvterian Health care Services. 101 F.3d 1314. 1332 (10th Cir. 1996) (subsequent review precluded where litigant complains of errors he has himself induced or invited). Duarte v. Hurley, Case No. 98-N-0377, ADX Florence In this action. the Magistrate Judge recommended that the petition be dismissed. Plaintiff had not met his requirement to prove that but for his testimony in the civil case against the BOP that he would not have received incident reports. ( " PENDING CASES OF INTEREST Teich v. U.S.A, et al., Case No. CV-S-98-01213-HDM, MCFP Springfield Plaintiffs filed a Bivens/FTCA action wherein they allege wrongful death of a quadriplegic inmate who died at the medical center. An ans\ver \\'as filed by the AUSA in the District of Nevada. This will be a difficult case and settlenlent is being explored. Clark v. Keohane, et al., Case No. 98-3485-CV-S-RGC-H, MCFP Springfield Petitioner requests an immediate release from custody so that he can obtain an autologous bone marrow transplant. which the respondents have denied. Moore v. Keohane, et al., Case No. 98-3487-CV-S-RGC-H, MCFP Springfield Petitioner requested an immediate kidney transplant or grant him a compassionate release so that he can arrange for a kidney transplant. Reedus, et al. \'. Keohane, et al., Case No. 98-3500-CV-S-RGC-H, MCFP Springfield Petitioners <members of the Moorish Science Temple of Anlerica) alleged that they were denied to partake in the general celebration of Ramadan with other Islamic groups. Bungard v. U.S.A., et al., Case No. 98-3463-CV-S-RGC-H, MCFP Springfield Plaintiff alleged that the Medical Center is contanlinated with asbestos. lead-based paint surfaces. lead solder in portable water lines. and radon enlissions. He also complained that the 3305 North Central Region Regional Counsel Monthly Report December. 1998 Page 4 Medical Center presents a risk of contaminated \\'aste \\·ater. the risk of an outbreak of Legionnaire's disease. a dangerous electrical system. and an inadequate lighting system. Plaintiff further requested release from incarceration and nlonetary danlages against various defendants. Scott v. Helman, Case No. 98-1399, FCI Pekin Habeas petition challenging DHO decision finding inmat~ guilty of minor assault of a statf member. Inmate alleges that the staff menlber assaulted hinl, An investigation into the statf members actions was conducted. The inmate requests that the report be expunged or that the be permitted a rehearing with the investigation as e\'idence of statr wrongdoing. Parmelee v. True. et ale Case No. 93-C-7362, 1\1CC Chicago Former inmate alleges that U.S. Marshals and BOP enlployees used excessive force when the inmate refused to appear in court. Case prohlcillatic hecause a defendant was disciplined by MCC for using excessive force during the incident. (' Hall v. USA. et al., Case No. 98-2405 RCL, USP Florence Inmate sues a variety of BOP staff at various institutions (including USP Florence) for perceived violations of his constitutional rights over the years. He seeks $29.. 625 . 000.00 from the defendants in their official and individual capacities. Rollins v. Barron, et al., Case No. 98-M02304, USP Florence Inmate sues former case manager and tour correctional officers for various declaratory. injunctive and nlonetary relief. He alleges the case nlanager did not properly classify him~ resulting in the officers placing a cellmate \vith hinl \vhu assaulted him because he was an infonnant. Plaintiff alleges he tried to advise staff of the problem and the threats to him from the specific cellmate. but that he was left in the cell to be assaulted. Merritt v. Hurley, Case No. 97-Z-2118, ADX Florence Petitioner was appointed counsel who seeks to tile additional pleadings. Attorney filed motion to have petitioner moved to FCI Englewood pending outconle of this petition. A declaration from the Captain was sent to AUSA setting out security reasons counseling against ordering inmate moved in this habeas matter. Hall v. USA, et al., Case No. 98-2405-RCL, USP Leavenworth In this Bivens-styled action plaintiff raises nunlerous aJlegations against various defendants beginning from the time of his arrest through various incidents at three separate institutions. First. plaintiff alleges he was assaulted hy three correctional officers at USP Leavenworth while he was confined in D-Cellhouse. He also alleges he received inadequate medical treatment at USP Leavenworth as a result of the alleged assault. In addition to naming Director Hawk 3306 ( North Central Region Regional Counsel Monthly Report December.. 1998 Page 5 Sawyer and Mr. Hershberger as defendants. plaintiff has nal11ed in excess of 30 defendants from USP Leavenworth. approximately 20 defendants fronl IISP Florence. and several defendants from FTC Oklahoma and USP Atlanta. Alan Strong v. United States, Case No. 98-3297-GTV. IISP Lea\'enworth In this civil action.. plaintiff alleges his luxury Cartier eyeglasses valued at $950.00 were lost by Health Services staff at USP Leavenworth "·hen he turned thenl over to staff for repairs. As relief, he seeks the replacement value of his glasses and the nloney he paid for the repair of his glasses. RELIGIOUS FREEDOM (' RESTOR~ TION ACT CASES Kikumura v. Hurley, et al., Case No. 98-B-l ...... 2, ADX Florence Inmate challenges the denial of pastoral visits. As the it1l11ate expressly raises a RFRA issue in his complaint.. NeRO was contacted in order to reconlnlend outside representation on the case. Representation materials were sent via Fed Ex to the Dcpartnlcnt of Justice. The AUSA has drafted a motion for extension of time given that outside counsel is being considered in this case. HEARINGS AND TRIALS None. UPCOMING HEARINGS ()R TRIALS u.S. v. Zepeda, Case No. 98-10073, FCI Pekin Final pretrial hearing was held on November 6. 1998. Defendant pled gUilty to Count I and waived right of appeal. Sentencing set for February 26. 1999. Tuite v. True, et al., Case No. 93-CV-3248. MCC Chicago Attorney alleges that conversations with his client were recorded by MCC Chicago in ] 992. Court set status hearing tor April 13. 1999. Martinez \'. Counts, et al., Case No. 90-322..a-CV-S-..a, MCFP Springfield The trial for the constitutional tort case will begin on January 19. 1999. This lawsuit is an old one that went up on appeal. 977 F.2d 421 (8th ('ir. 1992) and resulted in a reversal of the judge's order dismissing the conlplaint. After the case was remanded. we again attempted to dismiss the case but our efforts were unsuccessful. We continue to believe the three remaining in the case 3307 North Central Region Regional Counsel Monthly Report December. 1998 Page 6 will prevail. u.s. v. Francis and Haney, USP Florence Inmates charged with attempted escape fronl USP and possession of contraband (escape paraphernalia). The in camera hearing to rule on the security issue of request for plans and blueprints has been moved to January of 1999. USA v. Simmonds. ADX Florence Arraigned on two counts of assault on staff at ADX. Matter initially charged as nlisdemeanors but due to history of assaultive behavior. inmate indicted on felony counts. Trial postponed indefinitely due to AUSA illness. Defendant filed nlotion to dismiss the indictment due to prosecutorial vindictiveness. Claimed the matter was charged as a felony instead of remaining a misdemeanor because defendant filed civil litigation against BOP staff. Hearing was held December 10. ] 998. Court declined to dismiss indictment and set the matter for trial in 1999. Bernal v. Black, FCI Pekin (, The court has delayed the trial in Bernal. Trial set to begin on February 3. 1999. CRIMINAL MATTERS u.s. v. Missra Araiza-Reyes. FCC Florence Inmate pleaded guilty to Voluntary Manslaughter on August 28. 1998. Sentenced December 16. 1998. Inmate received 105 months incarceration. consecutive to current terms.. 4 years supervised release. u.s. v. Francis and Haney, USP Florence See above (Hearings and Trials). u.S. v. Riddle and Black. USP Florence Plea negotiations ongoing regarding the charge of an inmate nlurder at USP. Discovery and protective order issues continue with respect to inmate Riddle. Inmate Black pleaded guilty to aggravated assault. Sentencing in set for March of 1999. Riddle filed motion for relief from protective order. Hearing held by Judge Sparr on December 16. ] 998. At that time. Judge wanted testimony from BOP on what documents had been provided for Riddle to review in accordance with the court orders. BOP testified that all documents had been provided on several occasions for Riddle's review. The Judge held that the BOP had complied with the order and that no relief was necessary. u.s. v. Simmonds. ADX Florence 3308 North Central Region Regional Counsel Monthly Report .....•.. December. 1998 Plge 7 ,. .~. ~.-' See above (Hearings and Trials). . " u.s. ". Zepeda, Case No. 98-10073. FeI Pekin See above (Hearings and Trials). PERSONNEL ISSUES Dave Recker. Attorney - Adyisor at FCC Florenc~. announced his resignation fronl th~ B()I> tn accept an attorney position wi!h the Conlnlerct: Departnu~nt. Da\'e \vill be nlissed hy his t"'i~nds and co-workers in the BOP. Daye's departure will he at the end of this nl0nth. STAFF TRAVEL AND LEAVE ( '. - None scheduled January 18 - :!1 Legal Sen'ices January 7 - 8 Annual Lea\'e Re\·i~\\. !'\one scheduled .1anllar~ - R~Crllitlll~nt 15 1-"1. Ril~y. Kansas !'\nne scheduled .1anllar~ ~5 Tny - ~9 Fel Grccn\'illc ~llne sch~dul~d None scheduled !\ionc schedlll~d 3309 SER() (-". North Central Region Regional Counsel Monthly Report December.. 1998 Page 8 Tort dBASE Files sent via e-mail to Monica Potter_ OGe .. on 114/99. ( \."'--- 3310