-..- ..
12/14/1992

09:59:56

================

12-14-1992
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534

FROM:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

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ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1992
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

NOV

# PENDING ON FIRST
# RECEIVED IN MONTH

30
109
58
81

81
111
122
70

70
108
106
72

72
86
96
62

62
93
129
26

OCT

NOV

# ANSWERED IN MONTH

# PENDING END OF MO
# OVER 30 DAYS

31
49
48
32
0

32 45 60
67 115 117
54 100 107
45 60 70
000

70 63
70 78
77 111
63 30

o

o

0

o

JAN FEB MAR APR MAY JON

JUL

AUG

SEP

# PENDING ON FIRST 148 159 143 151 142 113
# RECEIVED IN MONTH 45 38 54 52 47 73
# PENDING END OF MO 159 143 151 142 113 128
# OVER 6 MONTHS
0
0
0
0
0
0

128
60
47
141
0

141
79
50
170
0

170 210 196
81
66
56
41
80
75
210 196 177
000

FOI/PRIVACY (1992)

JUL

AUG

SEP

OCT

NOV

102
37
42
97
60

97
45
44
98
72

98
29
21
106
87

106
36
12
130
98

130
128
125

TORT CLAIM INVESTIGATION STATUS: AS OF 11/30/1992
ALW DAN FAI LEW LOR HCK NYM

OTV

RBK

SCH

9
1

13

16

12/14/1992

10:00:01

# ANSWERED IN MONTH

PENDING ON FIRST
RECEIVED IN MONTH
ANSWERED IN MONTH
PENDING END OF MO
OVER 30 DAYS

# PENDING
# INV OVER 60 DAYS
12/14/1992

o

o

================

TORT CLAIMS (1992)

#
#
#
#
#

o

DEC

34

54

46

61

76

58

JAN FEB MAR APR MAY JON
66
27
34
59
44

59
43
39
63
42

76
47
51
72
47

63
61
48
76
36

4

7

o

o

33
5

72 76
16 88
12 62
76 102
63 46

49
13

14
3

23

7
2'

0

JUL
296
30
21
12

AUG
312
26
20
10

7

9
3

o

DEC

DEC

4
6

LSCI

o

10:00:05

LITIGATION ACTIVITY, 1992, NORTHEAST REGION
JAN FEB MAR APR MAY JON
# CASES OPEN
247 253 259 264 273 278
# NEW CASES REeD 10
11
17
12
20
21
# LIT REP DONE
11
6
11
8
23
16
# CASES CLOSED
12
5
11
7
11
15
# HABEAS CORPUS
1
5
7
3
12
5
2
0
101
# FTCA
2

o

SEP OCT NOV DEC
322 281 205
18 20 27
22 18 21
8 61 103
6
6 15
244

o
o

.

.

•

# BIVENS
# OTHER
# BIVENS & FTCA

4
3
0

1
3
0

5
5
0

2
6
0

4
3
1

8
7
0

13
10
0

6
6
2

4
5
1

9
1
0

5
3
0

LITIGATION OF NOTE:
1.

ROBERT REGO V. UNITED STATES,

CIVIL NO. 92-6547 (EDPA)

INMATE REGO WAS REMOVED FROM FPC MAXWELL AIR FORCE BASE TO TESTIFY FOR THE
UNITED STATES IN A MAJOR TRIAL IN PHILADELPHIA. ONE WEEK AFTER ARRIVAL,
REGO FILED A HABEAS CORPUS PETITION REQUESTING IMMEDIATE RELEASE THROUGH A
CCC OR IMMEDIATE HOME CONFINEMENT. REGO HAS PRESUMPTIVE PAROLE DATE OF
APRIL 25, 1993 AND WAS REFERRED FOR 90 DAY CCC PLACEMENT. MAGISTRATE JUDGE
HELD HEARING ON PETITION ON DECEMBER 7, 1992. HANK SADOWSKI REPRESENTED

12/14/1992

10:00:11

================

BOP. COURT HEARD ARGUMENT ON LEGAL ISSUES - PERSONAL JURISDICTION OVER
WARDEN IN ALABAMA, NO EXHAUSTION, AND NO RIGHT TO RELIEF REQUESTED. COURT
RESERVED RULING BUT LEFT THE IMPRESSION THAT THE PETITION DID NOT BELONG
IN EASTERN DISTRICT OF PENNSYLVANIA. CASE COMPLICATED BY SUPPORT OF US
ATTORNEY'S OFFICE OF REQUEST FOR EXTENDED CCC PLACEMENT.
2.

U.S. V. FRANK SMITH, 90 CR 504 (EDNY)

INMATE SMITH, 38273-019, WAS SERVING A NEW YORK STATE SENTENCE AND BROUGHT
INTO FEDERAL CUSTODY VIA WRIT AD PROS.
IN JULY 1992 FEDERAL JUDGE IMPOSED
3 YEAR SENTENCE CONSECUTIVE TO THE STATE TERM.
INEXPLICABLY, THE CT RECOM
THE FEDERAL SENTENCE BE SERVED FIRST, THEN RETURNED TO STATE CUSTODY. WE
HAVE NOTIFIED THE COURT THROUGH THE U.S ATTORNEY'S OFFICE THAT WE QUESTION
COMPLIANCE W/THE RECOMMENDATION.
DEFENSE COUNSEL HAS FILED A REPLY AND
THE CT HAS SCHEDULED A HEARING FOR 12/22/1922. HANK SADOWSKI WILL
REPRESENT OUR POSITION.
IN THE PLEA BARGAIN, THE AUSA AGREED HE WOULD
NOT OPPOSE THE REQUEST FOR FEDERAL SERVICE FIRST. WE ARE USING THIS CASE
TO TRAIN THE U.S. ATTORNEY'S OFFICE OF BOP POLICY RE: STATE AND FEDERAL
SENTENCING ISSUES.
SETTLEMENTS AND AWARDS
12/14/1992

10:00:15

================

,1. CHRISTIAN V. U.S., CIVIL NO. 91-6405 (EDPA)

MEDICAL MALPRACTICE FTCA CASE ALLEGING FCI LORETTO WAS NEGLIGENT IN
INITIAL EVALUATION AND FOLLOW UP TREATMENT OF KNEE INJURY SUFFERED BY
INMATE JAMES CHRISTIAN, 40123-066.
INMATE HAD TWO OUTSIDE OPERATIONS TO
REPAIR KNEE, BUT NEITHER HELD.
INMATE WAS RELEASED IN MAY 1991. KNEE IS
PERMANENTLY DAMAGED. LACK OF A STRUCTURED PHYSICAL THERAPY PROGRAM EXPOSED
THE UNITED STATES TO LIABILITY . CASE SETTLED FOR $75,000 WITH A SET OFF
OF $25,000 FOR A CRIMINAL FINE.
2.

SMITH V. U.S., CIVIL NO 91-6318 (SDNY)

FTCA CASE IN WHICH INMATE MARVIN SMITH, 39205-066, ALLEGED PROPERTY LOSS
AT FCI OTISVILLE.
INMATE WAS A STATE BORDER SERVING A MASSACHUSETTS
SENTENCE IN SEVERAL FEDERAL INSTITUTIONS. HE WAS RETURNED TO STATE CUST.
IN FEBRUARY 1989.
EVIDENCE SHOWED THAT INMATE HAD CERTAIN PROPERTY IN
NOVEMBER 1988 AND THAT BOX WAS MAILED TO HIS NEXT INSTITUTION. THERE IS
NO RETURN RECEIPT FOR THE BOX. INMATE REQUESTED DAMAGES FOR $232. CASE

· .,
SETTLED FOR $100.
NOTE:
TO WEED THE CASES WE NEEDED TO PLACE ON THE NEW LMS SYSTEM, WE REQUESTED
2/14/1992

10:00:19

================

UPDATES ON ALL OLDER CASES. THE RESULT WAS THE CLOSURE OF 164 CASES OVER
THE LAST TWO MONTHS. THE FOLLOWING CASES WERE SETTLED WITH OUR APPROVAL
BEFORE SETTLEMENT, BUT WE WERE NOT NOTIFIED OF THE FINAL OUTCOME:
3.

AGUILERA-QUIJANO V. U.S., CIVIL NO. 90-4009 (SDNY)

FTCA CASE ALLEGING LOST PROPERTY BY FCI OTISVILLE. ON FEBRUARY 7, 1989,
INMATE AGUILERA-QUIJANO, 08389-016, WAS RECEIVED AT FCI OTISVILLE AND WAS
PLACED IN ADMINISTRATIVE DETENTION. THE OFFICER ON DUTY REMOVED FROM THE
INMATE A YELLOW COLOR CHAIN WITH RELIGIOUS FIGURE. HE PREPARED A CONFISCATION FORM AND PUT THE JEWELRY IN THE SEG. SAFE. THE RELIGIOUS JEWELRY
NEVER SURFACED AGAIN. INMATE FILED FTCA CASE REQUESTING $4000. THERE
WAS NO EVIDENCE THAT INMATE HAD THE JEWELRY AT ANY OTHER INSTITUTION PRIOR
TO THE ARRIVAL AT FCI OTISVILLE. ATTEMPT TO LIMIT HIM TO THE $100 LISTED
ON THE PROPERTY FORM PROVED UNSUCCESSFUL. COURT WAS PUTTING PRESSURE ON
AUSA TO SETTLE. INMATE HAD SOME EVIDENCE CONCERNING VALUE OF AT LEAST
$2000. CASE SETTLED IN JULY 1992 FOR 2518.50.
4.

COLBERT V. HERSHBERGER, CIVIL NO. 90-4612 (SDNY)

INMATE JACK COLBERT, 12090-054 FILED FTCA CAS~ ALLEGING PROPERTY LOSS AT
FCI OTISVILLE. EVIDENCE SHOWED COLBERT WAS PERMITTED TO HAVE THREE
12/14/1992

10:00:23

================

REFERENCE BOOKS TO ASSIST HIM AT TRIAL. COLBERT WAS REMOVED FROM FCI
OTISVILE UNDER lAD ON FEBRUARY 3, 1987. ON HIS RETURN IN DECEMBER 1987,
THE BOOKS COULD NOT BE LOCATED. CASE SETTLED IN DECEMBER 1991 FOR $350
BASED ON AN ESTIMATE OBTAINED FROM A BOOK STORE.
TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 1992:
DAVE ESSIG TRAVEL--DEC. 3-4 US ATTORNEY'S OFFICE, NEW HAVEN, CT - DEPOSITION IN
COLBERT V. SULLIVAN.
ANNUAL LEAVE--DEC. 11, 18-24
HANK SADOWSKI
TRAVEL--DEC. 22 - US DISTRICT COURT - EDNY - US V. SMITH
ANNUAL LEAVE--DEC. 3-4, 28-31
TERESA HUGHES
TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED
AZZMEIAH VAZQUEZ-SPICER
/14/1992

10:00:28

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TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED