·
.

02/22/1993 07:12:19
02-22-1993

================
UNITED STATES GOVERNMENT MEMORANDUM

TO:

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534
FROM: DAVE ESSI~~ REGIONAL COUNSEL~ NORTHEAST REGION
FEDERAL BUHEAU OF PRISONS, PHILADELPHIA, PA. 19106
SUBJECT: LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1993
JAN FEB MAR APR MAY JUN JUL
ADMINISTRATIVE REMEDIES
# PENDING ON FIRST
40
#. RECEIVED IN MONTH 78
~ ANSWERED IN MONTH
55
t. PENDING END OF MO
63
, OVER 30 DAYS
0
02/22/1993 07:12:30 ================
TORT CLAIMS (1993) JAN FEB MAR APR MAY JUN

JUL

AUG

SEP

OCT

NOV

DEC

AUG

SEP

OCT

NOV

DEC

PENDING ON FIRST 188
RECEIVED IN MONTH 52
II ANSWERED IN MONTH 78
I PENDING END OF MO 162
, OVER 6 MONTHS
0
~

t.

FOI/PRIVACY (1993) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
96
# PENDING ON FIRST
II RECEIVED IN MONTH 16
14
~ ANSWERED IN MONTH
98
t. PENDING END OF MO
83
-, OVER 30 DAYS
TORT CLAIM INVESTIGATION STATUS: AS OF 01,31/1993
CK NYM OTV RBK SCH ALF FTD
ALW DAN FAI LEW LOR
0 0
6
33
7
14
10
20
39
9
11
13
# PENDING
0 0
0
0
4
1
0
1
18
0
-, OVER 60 DAYS
0
2
02/22/1993 07:12:37 ================
LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# CASES OPEN
227
#. NEW CASES RECD 17
II LIT REP DONE
14
#. CASES CLOSED
5
#. HABEAS CORPUS
5
#. FTCA
1
II BIVENS
7
#. OTHER
2
-, BIVENS & FTCA
2
LITIGATION OF NOTE:
~1. u. S. V. FRANK SMITH, 90 CR 504 (EDNY JAN. 29, 1993)
INMATE SMITH, 38273-019 l 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. THE COURT PROVIDED IN THE
SENTENCE AND IN THE RECOMMENDATION THAT THE FEDERAL SENTENCE BE SERVED
FIRST, THEN SMITH IS TO BE RETURNED TO STATE CUSTODY. BY LETTER, WE
/22/1993 07:12:45 ================
NOTIFIED THE COURT THROUGH THE U.S ATTORNEY'S OFFICE THAT WE COULD NOT
COMPLY BECAUSE THE STATE SENTENCE CONTINUED TO RUN. DEFENSE COUNSEL MOVED
TO REDUCE SENTENCE UNDER OLD RULE 35(A). IN THE PLEA BARGAIN, AUSA AGREED

,.

NOT TO OPPOSE REQUEST FOR SERVICE OF FEDERAL SENTENCE FIRST. HANK
SADOWSKI APPEARED BEFORE JUDGE GLASSER AT A JANUARY 4~ 1993 HEARING. ON
JAN. 29 1993 JUDGE GLASSER ISSUED AN OPINION GRANTI~G OUR REQUEST TO RETURN SMiTH TO'STATE CUSTODY. THE DECISION IS AN EXCELLENT OVERVIEW OF THE
INTERACTION OF STATE AND FEDERAL SENTENCING WHEN THE STATE HAS PRIMARY
JURISDICTION. THE DECISION HAS BEEN SUBMITTED FOR PUBLICATION. THIS
DECISION WILL ASSIST IN ENSURING THAT STATE INMATES LOANED FOR FEDERAL
PROSECUTION ARE RETURNED TO STATE CUSTODY AFTER FEDERAL PROSECUTION HAS
BEEN COMPLETED.
2. BOURGEOIS V. UNITED STATES, 3:CV-91-197 (MDPA)
FTCA CASE BROUGHT BY INMATE AT USP LEWISBURG REQUESTING DAMAGES FOR A SLIP
AND FALL DOWN STEPS IN SEPTEMBER 1990. INMATE LOUIS BOURGEOIS L 39165-066,
ALLEGED THAT HE SLIPPED AND FELL ON APPLE SCRAPS AND BANANA PE~LS ON AN
OUTSIDE STAIRWAY AT USP LEWISBURG. TRIAL IS SCHEDULED TO COMMENCE BEFORE
MAGISTRATE JUDGE THOMAS BLEWITT ON FEBRUARY 226 1993. MEDICAL MALPRACTICE
CLAIM HAS BEEN DISMISSED. DUE TO GOVERNMENT M TION TO BIFURCATE THE
TRIAL WILL ADDRESS ONLY LIABILITY. HOPE MORO, LEWISBURG ATTORNEY WILL
02/22/1993 07:12:57 ================
ASSIST AUSA AT TRIAL. PLAINTIFF'S THEORY IS THAT USP LEWISBURG KNEW ABOUT
THE TRASH ON THE STEPS AND FAILED TO CLEAN. OUR POSITION APPEARS STRONG.
PLAINTIFF HAS PROVIDED SEVERAL CONFLICTING VERSIONS OF THE ACCIDENT.
A SIDE ISSUE HAS DEVELOPED IN THIS CASE. THE TRIAL HAS SCHEDULED TO BE
HELD AT USP LEWISBURG. BOURGEOIS HAS MOVED THE COURT TO HAVE THE HEARING
IN A FEDERAL COURT BECAUSE HE WANTS A PUBLIC TRIAL. THE MAGISTRATE JUDGE
WILL HEAR ARGUMENT ON THIS ISSUE ON FEB. 22, 1993 PRIOR TO COMMENCEMENT OF
TRIAL.
~~·a~~:~'··: CALDWEDff:v~~~/<:FELLI:N:,'" 3: CV-90-1231 (MDPA)
INMATE LAWRENCE CALDWELL, 38277-131 BROUGHT THIS ;~~;~RTmJSB~CTION AGAINST
EDUCATION TECHNICIAN AT USP LEW f SBORG. PARTIAL'·SEY~, . JUDGMENT WAS
GRANTED ON . MOST. ..O.F. THE CLAIMS.•.. TWO ISSUES REMAIN: f{~ r~r.f'<ELLIN ALLEGEDLY
REFUSED·:' A-?REQUES'l':.:.BY·::'::CALDWELL::·;.FDR}'LEGAL~LMATERIALS· WR: ,. ·CALDWELL WAS HELD
IN;~,SPEQI'AL;.JiQUSI
..JfGl·,·AND.
D~~:'(2.r~'.~E~
.. ·~IN .~..ALLEGEDLY ·DIDNOT"';~.C'r~~:iN- AN· INPARTIAL
MANNER . SINCE~· Hg-:;-.cI".CED~CAl.D-WEmi)F0R~AN~I·NC-l,DENT: REPORT;" ·WHEN.:~OTHER INMATES
WHO:·COMMI!N'ED·~'TH·E/:SAME:BEHAVIOR. "WERE' .NOT. 'SO CITED BYj. FELLIN.•.. BE. CAUSE
THIS CASE .WILL TURN ON RES.OLUTION OF. FACTUAL DISPUTES l~THERE:~.'·IS,SOME
POT~NTIAL%:.FORi;.~I~I~.I:.r¥.; i~~:g{~S~LECT.ION;-I S. SCHEDULED.:'~F'oB.~IIAR~:~~:2'.";':~19 9 3
ANQ, :T~~~F.QB.!l~ '.;rooGE'~.: MUIR·:·Irs~·· SCHEDUL'E.D':-ARO~D··:·MARCH.::.16i~t.;1:9S,3~;~ , :,HOPE·' MORO
02/22/1993 07:13:10 ================
"'~J

••' •

r-;...·

' •. ' : ....: . ; '

•

•

-. t , " ,

:,:~~ 'i~~.: .• ;.;_ ;.-.... ~ .•-...

W,ILL·.~ A~$.;J~~W·:'i~t1~::~:~T.~!:TRIAL ~

'4::. '<.~ W()RTHINGTONI'i.V.~··:·. aUREAU:' ··Ol:·~~~:p~:r;.~g~.~(;;' £!Y:~L.:, ,~Q,i .. ·.::·,.···
:'.:;~~$~~~~lJ:('~J?Y~:;),':
:'.' .'
•

...~

•

~

...

,

I,

f~~~jr: ...

~'''_'''':t,~ ....~.

. ... ' .. #

.. _ ' . _ -

.,'-":,---""

FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
:EMPROPER;:~j'TREATMENm~~~1AT;:.:.F.cIOTISV~'LLE.
INMATE WAS RECEIVED AT':FCI OTISVILLE
IN JANUARY 19·8'7WITB.i?;iADV~C::ED:nG~UCpMA:~·;INt:~LEF'1':. EYE. HE LOST HIS VISION IN
LEFT EYE LATER THAT'J'YEAR. EXTENDED SETTLEMENT CONFERENCE HELD ON JAN. 21,
§~fiLE~~N~~g~F~~~C~~~~~~~~gT~~ffiiA§~~~R".T~~Ii~~~~~~~ • AT~=~~
SHOULD.:. HAVE':BEENii·REFERRE[t7iTO~:uPTHAM0LOGIST~:~AT:: ..AN?,EARLIER:','DATE... WE HAVE
ASSERTED THAT"PLAINTIFF WAS 'GON:TRIBUTOltIn¥f.NEGtlrGENT'·''SINCE·''HT'S' MEDICAL
HISTORY PRIOR TO INCARCERATION"SHOWS"HE REPEATEDLY FAILED TO FOLLOW DOCTOR
ORDERS. IN ADDITION WE HAVE ASSERTED THAT PLAINTIIF WOULD HAVE LOST
VISION IN HIS EYE EVEN IF tT,,> IS. ASSUMED THAT HE.. DID.NOT RECEIVE PROPER
CARE ... AFTER.:.INCARC~TION."~:;:'':'1~·~G.~·S.'F~mE~::aWDGEh·IS :~-PUT~UfS{!;~RB.S:;;URE:O~;::BOTH
,PART..IE.S.,. TO~;:SE,.TT.L
. .·.E.·;.,. .·. ·.;~F.EIL,
. :~..§~~,9. ~~SETT.LEM,EN.T CONFERENC.··E·::' WAS.. .p.
..O.~T,:P.ONED'
·UNTIL¥~~~DATE'j·'T(j'.":BE.\~SET:e.I:N ;:.~yi·'MARCH~, 1993.. :, HANK',· -SADOWSK:r~ ·WILL·::·:PROBABLY
ATTEND
-..': ..... ... '·IF, epARTIES~;;:DO' NOTAGREE'TO.~SETTLEMENT FIGuRE·PRIOR· TO CONFERENCE.
-9.

_.

02/22/1993 07:14:16 ---------------SETTLEMENTS AND AWARDS
1. PAYTON V. UNITED STATES, 3:CV-91-0649 (MDPA)
FTCA CASE FILED BY STEPHEN PAYTON 85320-132 L IN WHICH HE ALLEGES THAT
A GOLD CROSS AND CHAIN WERE LOST 6N HIS TRAN~FER
FROM USP LOMPOC TO USP
LEWISBURG IN NOVEMBER 1989. INMATE REQUESTED $400 IN DAMAGES. THERE WAS
EVIDENCE THAT THE INMATE HAD A CROSS AND CHAIN IN HIS POSSESSION PRIOR TO

,

.

~

1989.

CASE SETTLED FOR $125 TO SPARE COSTS OF ANTICIPATED TRIAL.

TRAVEL AND LEAVE SCHEDULE FOR FEBRUARY 1993
DAVE ESSIG TRAVEL--FEB. 2-4 FCI DANBURY - DINO ROMANO INQUIRY
FEB. 16-18 h EAST ST.LOUIS, MOi SELLERS TRIAL(CANCELLED)
ANNUAL LEAVE--NONE SCHEDuLED
HANK SADOWSKI
TRAVEL--FEB. 9 - JOB FAIR FOR LOCAL LAW SCHOOLS - PHILA., PA
FEB. 16 - MCC NY - MEETING WITH DOMINIQUE RAIA
ANNUAL LEAVE--NONE SCHEDULED
02/22/1993 07:14:27 ================
AZZMEIAH VAZQUEZ-SPICER
TRAVEL--FEB. 22-26 MCC NY - TRAINING WITH DOMINIQUE RAIA
ANNUAL LEAVE--FEB. 12

~

0 3/16/ 1993.

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

13:10:34

03-16-1993
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C.
2 0534

FROM:

DAVE ESSIG, REGI ONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PR ISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTI VI TIES--SUMMARY REPORT
1993
JAN FEB MAR APR MAY JUN
ADMIN ISTRATI VE REMEDIES
# PENDING ON FIRST

# RECEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAY S
03/16/1993

40
78
55
63
0

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

63
67
99
31
0

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

13:10:42

TORT CLAIMS (1993)

JAN FEB MAR APR MAY JUN

# PENDING ON FIRST 188 162
# RECEIVED IN MONTH 52 63
# RECONSID. REC'D
o
4
# ANSWERED IN MONTH 78 45
# PENDING END OF MO 162 184
# OVER 6 MONTHS
o
0
FOI/PRIVACY (1993)

JAN FEB MAR APR MAY JUN

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

96 98
16 41
14 10
98 129
83 89

TORT CLAIM INVESTIGATION STATUS: AS OF 02/28/1993
ALW DAN FAI LEW LOR MCK NYM
# PENDING
# OVER 60 DAYS
03/16/1993

13:10:51

16
3

15

o

21

o

37
10

14
1

10

o

39

OTV
7

4

o

J~

AUG

RBK

SCH

6

20

o

o

ALF FTD

o
o

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

LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
227 244
# NEW CASES RECD 17
24
# LIT REP DONE
14
17
# CASES CLOSED
5
7
5
# HABEAS CORPUS
10

SEP OCT NOV DEC

0
0

# FTCA
# BIVENS
# OTHER
# BIVENS & FTCA

1

1

7
2
2

7
4
2

LITIGATION OF NOTE:
1.

BOURGEOIS V. UNITED STATES, 3:CV-91-197 (MDPA)

FTCA CASE BROUGHT BY INMATE AT USP LEWISBURG REQUESTING DAMAGES FOR A SLIP
AND FALL DOWN STEPS IN SEPTEMBER 1990. INMATE LOUIS BOURGEOIS, 39165-066,
ALLEGED THAT HE SLIPPED AND FELL ON APPLE SCRAPS AND BANANA PEELS ON AN
OUTSIDE STAIRWAY AT USP LEWISBURG.
CASE DISCUSSED IN LAST MONTH'S REPORT.
TRIAL WAS TO COMMENCE ON FEBRUARY 22, 1993 AT USP LEWISBURG. TRIAL POST03/16/1993

13:11:01

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

PONED DUE TO WEATHER.
INMATE FILED FOR A PUBLIC TRIAL TO HAVE PERSONS
FROM THE LEWISBURG PRISON PROJECT ATTEND THE TRIAL.
WE WERE NOT WILLING
TO OPEN HEARING AT THE PENTITENTIARY TO PUBLIC.
WE DID NOT OPPOSE MOVING
TRIAL TO U.S. COURTHOUSE. TRIAL WILL BE RESCHEDULED AT LATER DATE IN
SCRANTON, PA.
2.

CALDWELL V. FELLIN, 3:CV-90-1231 (MDPA)

CASE DISCUSSED IN LAST MONTH'S REPORT. TRIAL SCHEDULED FOR MARCH 16, 1993
MAY BE POSTPONED BECAUSE OF SNOW STORM. BIVENS CASE BROUGHT BY LEWISBURG
INMATE LAWRENCE CALDWELL, 38277-131, AGAINST EDUCATION TECHNICIAN FOR (1)
REFUSING REQUEST BY CALDWELL FOR LEGAL MATERIALS WHEN CALDWELL WAS HELD
IN SPECIAL HOUSING; AND (2) ALLEGEDLY NOT ACTING IN AN IMPARTIAL MANNER
SINCE HE CITED CALDWELL FOR AN INCIDENT REPORT WHEN OTHER INMATES WHO
COMMITTED THE SAME BEHAVIOR WERE NOT SO CITED.
HOPE MORO WILL ASSIST AUSA
AT TRIAL.
3.

WORTHINGTON V. BUREAU OF PRISONS, CIVIL NO 89-7048 (SDNY)

FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
IMPROPER TREATMENT AT FCI OTISVILLE.
INMATE WAS RECEIVED AT FCI OTISVILLE
IN JANUARY 1987 WITH ADVANCED GLAUCOMA IN LEFT EYE.
HE LOST HIS VISION IN
03/16/1993

13:11:42

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

LEFT EYE LATER THAT YEAR.
EXTENDED SETTLEMENT CONFERENCE HELD ON JAN. 21,
1993, AT WHICH EACH SIDE SUMMARIZED BEST CASE.
HANK SADOWSKI ATTENDED
SETTLEMENT CONFERENCE. CASE DISCUSSED IN LAST MONTH'S REPORT. JUDGE WANTS
PARTIES TO SETTLE. TWO SETTLEMENT CONFERENCES HAVE BEEN POSTPONED BY
PLAINTIFF'S ATTORNEY. AT THE EARLIER SETTLEMENT CONFERENCE, THERE WAS A
DISPUTE BETWEEN PLAINTIFF AND HIS ATTORNEY. THE POSTPONEMENTS APPEAR TO
BE CAUSED BY PLAINTIFF TRYING TO GET A SECOND LEGAL OPINION. THE NEXT
CONFERENCE IS EXPECTED TO BE SCHEDULED IN EARLY APRIL.
HANK SADOWSKI IS
PLANNING TO ATTEND.
4.

U.S. V. GAMBINA, CRIM. NO CR-92-0093 (MDPA)

CRIMINAL TRIAL COMMENCED MARCH 1, 1993 AGAINST RALPH GAMBINA, 12508-116
AND HIS WIFE, JULIE GAMBINA, WHO ARE CHARGED WITH PLANNING TO KIDNAP USP
LEWISBURG WARDEN AND HIS FAMILY TO EFFECTUATE ESCAPE OF RALPH GAMBINA
FROM CUSTODY.
INMATE GAMBINA HAS NOW FIRED HIS COURT APPOINTED ATTORNEY
AND IS REPRESENTING HIMSELF. A NUMBER OF SUBPOENAS HAVE BEEN ISSUED FOR
STAFF WITNESSES AND RECORDS. HOPE MORO, USP LEWISBURG ATTORNEY IS

COORDINATING THE BUREAU'S RESPONSE TO THE SUBPOENAS. IF ANY OTHER REGION
RECEIVES SUBPOENAS IN THIS CASE, PLEASE CONTACT HOPE.

/16/1993

13:12:00

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

DECISIONS OF INTEREST:
1.

JEAN-LOUIS V. BOLLINGER, 91-0620 (MDPA FEB. 16, 1993).

IN A SHORT DECISION, JUDGE MCCLURE GRANTS SUMMARY JUDGMENT IN FAVOR OF
NUMEROUS USP LEWISBURG SORT TEAM MEMBERS. THE INMATE HAD ALLEGED EXCESSIVE USE OF FORCE IN A FORCED CELL MOVE IN FEBRUARY 1990. THE JUDGE RELIED
HEAVILY ON THE VIDEOTAPE EVIDENCE OF THE CELL MOVE. THE JUDGE FOUND THE
TAPE WAS "IRREFUTABLE EVIDENCE THAT DEFENDANTS DID NOT VIOLATE PLAINTIFF'S
EIGHTH AMENDMENT RIGHTS." THIS CASE UNDERSCORES THE IMPORTANCE OF
VIDEOTAPE EVIDENCE IN DEFENDING USE OF FORCE CASES.
2.

SMALL V. SKEDZIELEWSKI, 92-3945 (DNJ FEB. 26, 1993)

INMATE SMALL, 12377-056, BROUGHT BIVENS ACTION AGAINST SUPERVISOR OF EDUCATION AND WARDEN AT FCI FAIRTON. INMATE ALLEGED THAT HE WAS REFUSED
PARTICIPATION IN PELL GRANTS BECAUSE OF AN INS DETAINER AGAINST HIM. THE
INMATE ALLEGED VIOLATION OF EQUAL PROTECTION. JUDGE SIMANDLE DISMISSED
COMPLAINT AND HELD: (1) ILLEGAL ALIEN WITHOUT POSSIBILITY OF RESIDENT
ALIEN STATUS IS NOT ELIGIBLE FOR PELL GRANT; (2) BOP DOES NOT DECIDE WHO
RECEIVES PELL GRANT; & (3) INMATE DOES NOT HAVE THE RIGHT TO COLLEGE EDUCATION.
/16/1993

13:12:23

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

SETTLEMENTS AND AWARDS
NONE
TRAVEL AND LEAVE SCHEDULE FOR MARCH 1993
DAVE ESSIG TRAVEL--MAR. 30 THRU APRIL 2 STAFF ASSIST VISIT WITH CARLOS RIVERA
AT FCI, MCKEAN COUNTY
ANNUAL LEAVE--MAR 2-5
HANK SADOWSKI
TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED
AZZMEIAH VAZQUEZ-SPICER
TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--MAR. 18-19
/16/1993

13:12:33

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

WEEKLY ITINERARY FOR DAVE ESSIG, REGIONAL COUNSEL

..........

WEEK OF: MARCH 22-26, 1993
MONDAY
03/22

STATUS: IN OFFICE
LOCATION:
CONTACT PERSON AND TELEPHONE NUMBER:
ACTING REGIONAL COUNSEL:
REQUESTOR OF TRAVEL:
PAYOR OF TRAVEL:

TUESDAY STATUS: ANNUAL TRAINING
03/23
LOCATION: REGIONAL OFFICE
CONTACT PERSON AND TELEPHONE NUMBER:
ACTING REGIONAL COUNSEL:
REQUESTOR OF TRAVEL:
PAYOR OF TRAVEL:
WEDNESDAY STATUS: ANNUAL TRAINING
03/24
LOCATION: REGIONAL OFFICE
CONTACT PERSON AND TELEPHONE NUMBER:
03/16/1993

13:12:45

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

ACTING REGIONAL COUNSEL:
REQUESTOR OF TRAVEL:
PAYOR OF TRAVEL:
THURSDAY STATUS: IN OFFICE
03/25
LOCATION:
CONTACT PERSON AND TELEPHONE NUMBER:
ACTING REGIONAL COUNSEL:
REQUESTOR OF TRAVEL:
PAYOR OF TRAVEL:
FRIDAY
03/26

REMARKS:

•

STATUS:
LOCATION:
CONTACT PERSON AND TELEPHONE NUMBER:
ACTING REGIONAL COUNSEL:
REQUESTOR OF TRAVEL:
PAYOR OF TRAVEL:

'.

----------------

11:19:42

04/15/1993

UNITED STATES GOVERNMENT MEMORANDUM

04-14-1993
TO:

.1

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
,.. .

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1993
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES
# PENDING ON FIRST

# RECEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

04/15/1993

40
78
55
63
0

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

63 31
67 110
99 84
31 57

o

0

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

11:19:47

TORT CLAIMS (1993)

JAN FEB MAR APR MAY JON

# PENDING ON FIRST

188 162 184
52 63 69

# RECEIVED IN MONTH

# RECONSID. REC'D
0
4
0
# ANSWERED IN MONTH 78 45 91
# PENDING END OF MO 162 184 162
# OVER 6 MONTHS
0
0
0

FOI/PRIVACY (1993)

#
#
#
#
#

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

JAN FEB MAR APR MAY JON
96 98 129
16 41 30
14 10 47
98 129 112
83

89

85

TORT CLAIM INVESTIGATION STATUS: AS OF 03/31/1993
ALW DAN FAI LEW LOR MCK NYM
# PENDING

# OVER 60 DAYS
04/15/1993

12
2

14

12

1

2

34
10

11

o

11
4

OTV

36
1

o

JUL

AUG

8

RBK

SCH

7

16

o

o

ALF FTD

o
o

11:19:51

LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
227 244 254
# NEW CASES REeD 17
24
26
# LIT REP DONE
14
17
28
# CASES CLOSED
5
7
16
# HABEAS CORPUS
5
10
8

SEP OCT NOV DEC

0
0

#
#
#
#

FTCA
BIVENS
OTHER
BI VENS & FTCA

1
7
2
2

1
7
4
2

3
12
2
1

LITIGATION OF NOTE:
1.

BOURGEOIS V. UNITED STATES, 3 : CV-91-197 ( MDPA)

.,

FTCA CASE BROUGHT BY INMATE AT USP LEW I SBURG REQUESTING DAMAGES FOR A SLIP
AND FALL DOWN STEPS IN SEPTEMBER 1 99 0.
INMATE LOUIS BOURGEOIS, 39165-066,
ALLEGED THAT HE SLIPPED AND FELL ON AP PLE SCRAPS AND BANANA PEELS ON AN
OUTSIDE STAIRWAY AT US P LEW ISBURG. CASE DISCUSSED IN LAST MONTH'S REPORT.
TR IAL IS SCHEDULED TO COMMENCE ON APRIL 14, 199 3 BEFORE US MAGISTRATE
04 / 15 / 1993

11:19:55

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

JUDGE BLEWITT IN SCRANTON, PA.
AUSA AT THE TRIAL.
2.

LEWISBURG ATTORNEY HOPE MORO WILL ASSIST

CALDWELL V. FELLIN, 3: CV- 90-1231 (MDPA)

CASE DISCUSS ED IN LAST MONTH'S REPORT. TRIAL HELD FROM MARCH 30 - APRIL 6
BEFORE JUDGE MUIR IN WILLIAMSPORT, PA . BIVENS CASE BROUGHT BY LEWISBURG
I NMATE LAWRENCE CALDWELL, 38 277-131, AGAINST EDUCATION TECHNICIAN FOR (1)
REFUSING REQUEST BY CALDWELL FOR LEGAL MATERIALS WHEN CALDWELL WAS HELD
IN SPECIAL HOUSING; AND (2) ALLEGEDLY NOT ACTING IN AN IMPARTIAL MANNER
SINCE HE CITED CALDWELL FOR AN INCIDENT REPORT WHEN OTHER INMATES WHO
COMMITTED THE SAME BEHAVIOR WERE NOT SO CITED. HOPE MORO ASSISTED AUSA
AT TRIAL. JURY RETURNED VERDICT FOR DEFENDANT ON APRIL 6.
3.

WORTHINGTON V . BUREAU OF PRISONS, CIVIL NO 89-7048 (SDNY)

FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
IMPROPER TREATMENT AT FCI OTISVILLE . INMATE WAS RECEIVED AT FCI OTISVILLE
IN JANUARY 1987 WITH ADVANCED GLAUCOMA IN LEFT EYE.
HE LOST HIS VISION IN
LEFT EYE LATER THAT YEAR.
CASE DISCUSSED IN PRIOR LEGAL REPORTS. NEXT
SETTLEMENT CONFERENCE SCHEDULED FOR APRIL 22, 1993. ATTEMPT WILL BE MADE
TO HAVE DISCUSSION WITH HANK SADOWSKI, AUSA AND DEFENSE ATTORNEY PRIOR TO
04 / 15 / 1993

11:19:59

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

CONFERENCE TO SEE IF SETTLEMENT IS REALISTIC.
4.

U.S. V. GAMBINA, CRIM. NO CR-92-0093 (MDPA)

CRIMINAL TRIAL COMMENCED MARCH 1, 1993 AGAINST RALPH GAMBINA,
AND HIS WIFE, JULIE GAMBINA, WHO ARE CHARGED WITH PLANNING TO
LEWISBURG WARDEN AND HIS FAMILY TO EFFECTUATE ESCAPE OF RALPH
FROM CUSTODY. CASE DISCUSSED IN PRIOR REPORT. TRIAL TO LAST
APRIL 1993. A NUMBER OF DEFENSE SUBPEONAS ISSUED AGAINST BOP
INCLUDING REGIONAL DIRECTOR, G.C. WILKINSON.

12508-116
KIDNAP USP
GAMBINA
THROUGH
EMPLOYEES,

DECISIONS OF INTEREST:
1.

UNITED STATES V. HILLSTROM, NO. 92-7237 (3D CIR. MARCH 12, 1993)

THE THIRD CIRCUIT HAS REMANDED FOR ADDITIONAL INFORMATION CONCERNING THE
APPROPRIATE SENTENCING GUIDELINE TO BE USED AFTER A CONVICTION FOR AN
ESCAPE FROM FEDERAL PRISON CAMP - ALLENWOOD. THE ISSUE IS WHETHER AN

ESCAPE FROM THE PRISON CAMP IS TO BE ASSESSED AS A WALKAWAY FROM A CCC OR
TO BE TREATED AS AN ESCAPE FROM A SECURE FACILITY. THE THIRD CIRCUIT DID
NOT FOLLOW SEVERAL CIRCUITS WHICH HELD THAT FEDERAL PRISONS CAMPS WERE NOT
TO BE EQUATED WITH CCC'S. THE THIRD CIRCUIT HELD THE DISTRICT COURT MUST
~15/1993

11:20:03

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

CONSIDER WHETHER FPC ALLENWOOD IS SUFFICIENTLY SIMILAR TO A CCC IN ITS
PURPOSE AND IN ITS SECURITY AND S~FETY CONSIDERATIONS. 'INFORMATION HAS
BEEN SUPPLIED TO THE AUSA, BUT WE FEAR THAT THE COURT WILL HOLD THAT
FPC ALLENWOOD IS SUFFICIENCY SIMILAR TO A CCC TO TREAT AN ESCAPE FROM THE
CAMP AS A WALKAWAY FROM A CCC. THE THIRD CIRCUIT hPPEARS TO REQUIRE A
SEPARATE ANALYSIS FOR EACH FEDERAL PRISON CAMP.
SETTLEMENTS AND AWARDS
1. OLIVEIRA V. UNITED STATES, CIVIL NO. 3:CV-92-1194 (MDPA MAR. 24, 1993).
INMATE SERGIO OLIVEIRA, 84925-011, BROUGHT FTCA ACTION TO RECOVER THE
VALUE OF 167 STAMPS LOST FROM HIS PROPERTY ON HIS TRANSFER FROM USP LEWISBURG AFTER COMPLETION OF HIS HOLDOVER STATUS IN AUGUST 1991. WE OFFERED
INMATE $17.40, THE VALUE OF THE 60 STAMPS HE WAS PERMITTED TO HAVE UNDER
USP LEWISBURG POLICY. INMATE REFUSED TO SETTLE FOR LESS THAN FULL CLAIM.
ON MARCH 24, 1993, JUDGE KOSIK ENTERED JUDGMENT FOR INMATE IN FULL AMOUNT
OF $48.43 (VALUE OF 167 STAMPS). DURING PREPARATION OF MOTION TO AMEND,
IT WAS LEARNED THAT STAFF WAS AWARE THAT INMATE HELD EXCESS POSTAGE AND
THAT STAFF WOULD NOT HAVE CONFISCATED AS CONTRABAND. ACCORDINGLY, NO
ADDITIONAL MOTION WAS FILED AND NO APPEAL IS RECOMMENDED.
/15/1993

11:20:08

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

2. YOUNG V. QUINLAN, CIVIL NO. 88-1445 (MDPA)

THIS WAS THE BIVENS CASE REMANDED BY THE THIRD CIRCUIT' (960 F.2D 351).
AN ATTORNEY BEGAN REPRESENTATING INMATE KENNETH MCCLURE YOUNG, 39831-080
ON REMAND. ATTORNEY FILED AMENDED COMPLAINT INCLUDING AN FTCA COUNT WHICH
WAS INCLUDED IN ORIGINAL COMPLAINT. SETTLEMENT DISCUSSIONS COMMENCED
BETWEEN ATTORNEY AND AUSA FRED MARTIN. CASE SETTLED ON FTCA COUNT FOR
$8000. AMOUNT REACHED ON BASIS OF ANTICIPATED COSTS AND INCONVENIENCE TO
BOP FOR DISCOVERY AND TRIAL. SETTLEMENT INCLUDES DISMISSAL OF BIVENS
COUNTS.
TRAVEL

AND

LEAVE SCHEDULE FOR APRIL 1993

DAVE ESSIG TRAVEL--APRIL 1-2 ANNUAL TRAINING - HER
APRIL 20-23 MANAGEMENT ASSESSMENT MEETING - GENERAL COUNSEL
ANNUAL LEAVE--APRIL 9
HANK SADOWSKI TRAVEL--APRIL 1 RUTGERS SCHOOL OF LAW - CAMDEN, NJ - RECRUIT LAW
STUDENTS FOR VOLUNTEER POSITIONS (WORKING FOR LAW SCHOOL CREDITS)
5/1993

11:20:11

ANNUAL LEAVE--APRIL 15-16
AZZMEIAH VAZQUEZ-SPICER -

TRAVEL--APRIL 1- 2 ANNUAL TRAINING - NER
ANNUAL LEAVE--APRIL 26 - 28

.i

I

14 :44:42

================
UNITED STATES GOVERNMENT MEMORANDUM

05 - 20 - 1993

TO :

\'iALLACE 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 ACT I VITIES REPORT, NORTHEAST REGION

**************************************************************************
ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1993
JAN FEB 11AR APR MAY JUN
ADMINI STRATIVE REMEDIES

#
#
#
#
#

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

OS/2 1 / 1993

14:44:45

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

63
31
57
67 110 106
99
84
96
31
57
67
000

JAN FEB MAR APR MAY JUN

PENDING ON FIRST 188 162 184 162
RECEIVED IN MONTH 52 63 69 57
RECONSID. REC'D
040
4
ANSWERED IN MONTH 78 45 91 38
PENDING END OF MO 162 184 162 185
OVER 6 MONTHS
000
o

FOI /PRIVACY (1993)
#
#
#
#
#

AUG

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

TORT CLAIMS (1993)
#
#
#
#
#
#

40
78
55
63
0

JUL

JAN FEB MAR APR MAY JUN

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

96
98 129 112
16
41
30
41
14 10 47 16
98 129 112 137
83
89
85
96

TORT CLAIM INVESTIGATION STATUS: AS OF 04/30/1993
ALW DAN FAI LEW LOR MCK NYM
# PENDING
# OVER 60 DAYS
OS/21/1993

14:44:49

1

o

o
o

12

o

16

o

OTV

RBK

SCH

o
o

o
o

2

4

8

o

14

1

1

3

JUL

AUG

ALF FTD
2
1

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

LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
227
244
254
265
# NEW CASES RECD 17
24
26
21
# LIT REP DONE
14
17
28
20
# CASES CLOSED
5
7
16
10
# HABEAS CORPUS
5
10
8
6

SEP OCT NOV DEC

0
0

#
#
#
#

FTCA
BIVENS
OTHER
BI VENS & FTCA

1
7
2
2

1
7
4
2

3
12
2
1

2
12
1
0

LITIGATION OF NOTE:
1.

BOURGEOIS V. UNITED STATES, 3:CV-91-197 (MDPA)

FTCA CASE BROUGHT BY INMATE AT USP LEWISBURG REQUESTING DAMAGES FOR A SLIP
AND FALL DOWN STEPS IN SEPTEMBER 1990. INMATE LOUIS BOURGEOIS, 39165-066,
ALLEGED THAT HE SLIPPED AND FELL ON APPLE SCRAPS AND BANANA PEELS ON AN
OUTSIDE STAIRWAY AT USP LEWISBURG. CASE DISCUSSED IN PRIOR LEGAL REPORTS.
TRIAL HELD FROM APRIL 14-20, 1993 BEFORE US MAGISTRATE JUDGE BLEWITT IN
OS/2 1 / 1993

14:44:52

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

SCRANTON, PA. LEWISBURG ATTORNEY HOPE MORO ASSISTED AU SA AT TRIAL.
JUDGE HAS NOT YET ISSUED A DECISION .
2.

THE

WORTHINGTON V. BUREAU OF PRISONS, CIVIL NO 89-7048 (SDNY)

FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
IMPROPER TREATMENT AT FCI OTISVILLE. INMATE WAS RECEIVED AT FCI OTISVILLE
IN JANUARY 1987 WITH ADVANCED GLAUCOMA IN LEFT EYE.
HE LOST HIS VISION IN
LEFT EYE LATER THAT YEAR. CASE DISCUSSED IN PRIOR LEGAL REPORTS. NEXT
SETTLEMENT CONFERENCE SCHEDULED FOR MAY 26, 1993.
DISCUSSIONS BETWEEN
HANK SADOWSKI, AUSA AND DEFENSE ATTORNEY NARROWED GAP IN POSSIBLE SETTLEMENT. ONE LAST ATTEMPT AT SETTLEMENT WILL OCCUR AT THIS CONFERENCE.
3.

U.S. V. GAMBINA, CRIM. NO CR-92-0093 (MDPA)

CRIMINAL TRIAL COMMENCED MARCH 1, 1993 AGAINST RALPH GAMBINA, 12508-116
AND HIS WIFE, JULIE GAMBINA, WHO ARE CHARGED WITH PLANNING TO KIDNAP USP
LEWISBURG WARDEN AND HIS FAMILY TO EFFECTUATE ESCAPE OF RALPH GAMBINA
FROM CUSTODY. CASE DISCUSSED IN PRIOR REPORT. JURY ACQUITTED THE
DEFENDANTS ON ALL COUNTS.

OS/21/1993

14:44:55

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

DECISIONS OF INTEREST:
1.

UNITED STATES V. HILLSTROM, NO . 92-7237 (3D CIR. MARCH 12, 1.993)

THIS REMAND FROM THE THIRD CIRCUIT WAS DISCUSSED IN LAST MONTH'S REPORT.
THIS CASE INVOLVES THE SENTENCING GUIDELINE TO BE USED AFTER CONVICTION OF
ESCAPE FROM FEDERAL PRISON CAMP - ALLENWOOD. THE ISSUE IS WHETHER AN
ESCAPE FROM THE PRISON CAMP IS TO BE ASSESSED AS A WALKAWAY FROM A CCC OR
TO BE TREATED AS AN ESCAPE FROM A SECURE FACILITY. THE RESENTENCING HEARING HAS BEEN POSTPONED.
IN A SIMILAR CASE, U.S. V. PETRO, 4:CR-92-242 (MDPA), JUDGE MUIR HELD A
HEARING BECAUSE OF HILLSTROM. FPC ALLENWOOD EXECUTIVE ASST PETER WELD
TESTIFIED AT THE HEARING ON APRIL 29, 1993. JUDGE MUIR HELD THAT FPC
ALLENWOOD IS SUFFICIENCY DISTINCT FROM A CCC TO USE THE GUIDELINE FOR
ESCAPE FROM A SECURE FACILITY. THIS RULING WAS ENTERED ON MAY 10, 1993.
2.

LEVELT V. SCHRADER, NO. 92-6857 (E.D.PA APRIL 15, 1993)

BIVENS ACTION WAS FILED BY INMATE FRANCOIS LEVELT, 14584-083, CHALLENGING
THE DECISION OF FCI SCHUYLKILL NOT TO PERMIT HIM TO POSSESS A VIDEOTAPE
SENT BY A CORRESPONDENCE LAW SCHOOL. JUDGE VAN ANTWERP EN GRANTED SUMMARY
/ 21 / 1993

14:44:59

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

JUDGMENT IN FAVOR OF BOP DEFENDANTS. THE COURT FOUND THAT THE DECISION
NOT TO PERMIT INMATES TO POSSESS VCR TAPES WAS REASONABLE AND ESSENTIAL TO
INSTITUTIONAL SECURITY SINCE CONTRABAND MAY BE COMCEALED WITHIN THE TAPES.
THE COURT ALSO NOTED THAT THE EDUCATION DEPT. WAS ABLE TO OBTAIN AN ALTERNATE LIST OF NON-VIDEO STUDY MATERIALS FROM THE CORRESPONDENCE SCHOOL.
3.

FIGUEROA V. COOKSEY, NO. 9203894 CD.N.J. APRIL 23, 1993)

INMATE BROUGHT HABEAS CORPUS CASE CHALLENGING CDC HEARING FOR USE OF DRUGS
AT CCC. JUDGE SIMANDLE GRANTED WRIT BECAUSE AN AVAILABLE WITNESS WAS NOT
CALLED. THE CDC CHAIRMAN DENIED A WITNESS WHO WAS A FELLOW WORKER AT THE
OUTSIDE JOB OF THE INMATE. THE CDC CHAIRMAN HELD THIS WITNESS'S
TESTIMONY WOULD BE REPETITIVE TO A WRITTEN STATEMENT BY THE EMPLOYER. THE
CDC CHAIRMAN DID NOT QUESTION THE WITNESS OR OBTAIN A WRITTEN STATEMENT.
THE REASON GIVEN TO DENY THIS WITNESS WAS NOT IN CONFIRMANCE WITH POLICY
SINCE THE TESTIMONY OF A WITNESS CAN BE DEEMED TO BE REPETITIVE ONLY TO
TESTIMONY OF ANOTHER WITNESS, NOT TO A WRITTEN STATEMENT. WE DEFENDED
THE CASE BY ARGUING HARMLESS ERROR AND BY ARGUING AN ALTERNATE REASON FOR
DENIAL. THE COURT HELD THAT THE EVIDENCE WOULD HAVE BEEN SUFFICIENT BUT
THE INMATE WAS ENTITLED TO HAVE A NEW HEARING WITH THAT WITNESS.
SINCE
THE REQUESTED WITNESS COULD NOT NOW BE LOCATED, THE COURT ORDER REQUIRED
THE INCIDENT REPORT BE VACATED.
I AM RECOMMENDING AGAINST APPEAL.
/21/1993

14:45:02

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

SETTLEMENTS AND AWARDS

- NONE

TRAVEL AND LEAVE SCHEDULE FOR MAY 1993
DAVE ESSIG TRAVEL--MAY 10-15 STAFF ASSISTANCE - FPC MCKEAN & ALLENWOOD COMPLEX
MAY 21 - MEETING WITH WARDEN HERSHBERGER, FDC BROOKLYN
ANNUAL LEAVE--MAY 5
HANK SADOWSKI TRAVEL--MAY 19 - STAFF ASSISTANCE - FPC SCHUYLKILL
MAY 26 - U.S. DIST. COURT - SDNY - WORTHINGTON SETTLEMENT
ANNUAL LEAVE--NONE SCHEDULED
AZZMEIAH VAZQUEZ-SPICER TRAVEL--MAY 21 - MEETING WITH WARDEN HERSHBERGER - FDC BROOKLYN
ANNUAL LEAVE--MAY 24

.,.

.
13:09:32

06/1.7/1993

----------------

06-17-1993

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

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1993
JAN FEB MAR APR MAY JON
ADMINISTRATIVE REMEDIES

#
#
#
#
#

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

06/17/1993

13:09:36

63 31 57
67 110 106
99 84 96
31 57 67
000

0

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

67
80
95
52
0

--------------

TORT CLAIMS (1993)

#
II
#
#
I
#

40
78
55
63

JUL

JAN FEB MAR APR MAY JON

PENDING ON FIRST 188 162 184 162 185
RECEIVED IN MONTH 52 63 69 57 57
043
RECONSID. REC'D
0
4
ANSWERED IN MONTH 78 45 91 38 26
PENDING END OF MO 162 184 162 185 219
000
OVER 6 MONTHS
0
0

FOI/PRIVACY (1993)

JAN FEB MAR APR MAY JON

#
#
/I
#

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

96 98 129 112 137
16 41 30 41 63
14 10 47 16 17
98 129 112 137 183
83 89 85 96 123

TORT CLAIM INVESTIGATION STATUS: AS OF 05/31/1993
ALW DAN FAl LEW LOR MCX NYM

1/ PENDING
/I OVER 60 DAYS
06/17/1993

13:09:41

5

o

4

16

o

o

14
2

o

o

6
2

OTV

RBX

13

18

3

1

6

o

JUL

AUG

SCH
6

o

ALF FTD
2

0

1

0

-------------

LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
1/ CASES OPEN
227 244 254 265 272
# NEW CASES RECD 17
24
26
21
24
# LIT REP DONE
14
17
28
20
20
1/ CASES CLOSED
5
7
16
10
17
10
8
6
7
1/ HABEAS CORPUS
5

SEP OCT NOV DEC

/I
./1
/I
/I

FTCA
BIVENS
OTHER
BIVENS & FTCA

1
7
2
2

1
7
4
2

3

2

3

12

12

11

2
1

1

a

3

a

LITIGATION OF NOTE:
1.

UNITED STATES V. SALAMEH, S3 93 CR. 0180 (SDNY JUNE 10, 1993).

THREE PRETRIAL DETAINEES INDICTED FOR THE BOMBING OF THE WORLD TRADE
CENTER IN NEW YORK FILED MOTIONS CONCERNING CONDITIONS OF PRETRIAL CUSTODY
AT MCC NY. THE DETAINEES CHALLENGED THEIR CONTINUED PLACEMENT IN ADMIN.
DETENTION AND ALSO ALLEGED DENIAL OF EXERCISE, ADEQUATE CLOTHES, BEDDING,
SOCIAL PHONE CALLS, LACK OF ACCESS TO COUNSEL, AND INABILITY TO WORSHIP
06/17/1993

13:09:44

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

WITH FELLOW MOSLEMS. JUDGE DUFFY DENIED THE MOTION IN A 19 PAGE DECISION.
THE COURT FOUND REASONABLE THE WARDEN'S SECURITY CONCERN BASED UPON THE
POSSIBILITY OF RETALIATION FROM OTHER INMATES •. THE COURT ALSO REJECTED
ALL ALLEGATIONS CONCERNING CONDITIONS OF CONFINEMENT.

~WORTHINGTON V. BUREAU OF PRISONS, CIVIL NO 89-7048 (SDNY)
. FTCA CASE FOR MEDICAL MALPRACTICE BROUGHT BY FORMER INMATE ALLEGING
IMPROPER TREATMENT AT FeI OTISVILLE. INMATE WAS RECEIVED AT FCI OTISVILLE
IN JANUARY 1987 WITH ADVANCED GLAUCOMA IN LEFT EYE. HE LOST HIS VISION IN
LEFT EYE LATER THAT YEAR. CASE DISCUSSED IN PRIOR LEGAL REPORTS. TWO
SETTLEMENT CONFERENCES WERE HELD ON MAY 26, 1993 AND JUNE 2, 1993. DESPITE
CONSIDERABLE PRESSURE FROM MAGISTRATE JUDGE, PLAINTIFF WAS UNWILLING TO
MOVE FROM HIS LAST DEMAND FOR $150,000. MAGISTRATE JUDGE WILL RECOMMEND
THE DISTRICT JUDGE SCHEDULE FOR TRIAL.
3.

CALDWELL V. CLARK, 3:CV-90-1471 (MDPA)

ON JUNE 1, 1993, MAGISTRATE JUDGE SMYSER HELD A HEARING IN THE ABOVE CASE
BROUGHT BY THREE USP LEWISBURG INMATES ALLEGING UNICOR DUMPED TOXIC SUBSTANCES INTO A CREEK. THE INMATES ALSO ALLEGED THAT THE CLEAN AIR ACT
WAS VIOLATED BY UNICOR. THE INMATES REQUESTED AN INJUNCTION SHUTTING DOWN
06/17/1993

13:09:48

UNICOR AT USP LEWISBURG. AFTER THE INMATES BEGAN SUBMITTING THEIR EVIDENCE
THEY REQUESTED ADDITIONAL TIME TO FILE A MOTION TO SUPPLEMENT THE ISSUES
TO BE PRESENTED AT THE HEARING. THE MOTION WAS GRANTED AND THE HEARING
WAS ADJOURNED. USP LEWISBURG MIKE TAFELSKI ASSISTED THE AUSA AT THE
HEARING.
DECISIONS OF INTEREST:
1.

UNITED STATES V. MOORE & JOHNSON, 4:CR-92-322 (MDPA)

INMATES RON MOORE, 04135-045 AND CARLOS
ON JUNE 14, 1993 OF FIRST DEGREE MURDER
29710-120. THE MURDER WAS COMMITTED AT
SENTENCING IS SCHEDULED FOR LATE AUGUST
SETTLEMENTS AND AWARDS

- NONE

TRAVEL AND LEAVE SCHEDULE FOR JUNE 1993

JOHNSON, 69084-012 WERE CONVICTED
ON ANOTHER INMATE HARRY MCDONALD,
USP LEWISBURG ON JULY 17, 1990.
1993.

."
. . DAVE ESSIG TRAVEL--ALLENWOOD LSCI, CHARACTER PROFILE INTERVIEWS
TUES JUNE 21 - FRI JUNE 26
/17/1993

13:09:53

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

ANNUAL LEAVE--JUNE 1, 3, 21
HANK SADOWSKI TRAVEL--JUNE 2 - US DISTRICT COURT - SDNY WORTHINGTON SETTLEMENT
JUNE 7 - 10 - PRISON LITIGATION SEMINAR, DENVER, COLO.
ANNUAL LEAVE--JUNE 28
AZZMEIAH VAZQUEZ-SPICER TRAVEL--JUNE 21-25 - TRAINING
ANNUAL LEAVE--NONE SCHEDULED

- USP LEWISBURG

07-16-1993
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY , GENERAL COUNSEL , FEDERAL BUREAU OF
\,ASHINGTON, D.C.
20534
DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1993
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES
#
#
#
#
#

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

TORT CLAIMS (1993)
#
#
#
#
#
#

40
78
55
63
0

63 3 1 57
67 110 106
99 84 9 6
3 1 57 67
000

JUL

AUG

SEP

OCT

NOV

DEC

J UL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

67 52
80 106
95 101
52 57

o

0

JAN FEB MAR APR MAY JUN

PENDING ON FIRST 188 162 184 162 185 219
RECEIVED IN MONTH 52 63 69 57 57 50
RECONSID. REC'D
0
4
043
2
ANSWERED IN MONTH 78 4 5 9 1 38 26 49
PENDING END OF MO 162 184 162 185 219 222
OVER 6 MONTHS
0
0
o 000
PRIVACY (1993)

NG ON FIRST
IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS
R~;Ct;lVED

JAN FEB MAR APR

I~AY

JUN

96 98 129 112 137 183
16 41 30 41 63 40
14 10 47 16 17 80
98 129 112 137 183 143
83 89 85 96 123 110

TORT CLAIM INVESTIGATION STATUS: AS OF 06/30/1993
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
PENDING
1
OVER 60 DAYS 0

11
0

13
0

1

o

12

11

15

3

2

4

5

o

LITIGATION ACTIVITY, 1993, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
227
# CASES OPEN
244 254
265 272
267
# NEW CASES RECD 17
24
26
21
24
14
# LIT REP DONE
14
17
28
20
20
17
# CASES CLOSED
5
7
16
10
17
19
# HABEAS CORPUS
5
10
8
6
7
2
# FTCA
1
232
1
3
# BIVENS
7
7
12
12
11
7
# OTHER
2
4
2
1
3
3
2
# BIVENS & FTCA
2
100
0
SETTLEMENTS AND AI,ARDS:

6

o
JUL

3

o

o
o
AUG

1

o

1

o

2

o

0
0

SEP OCT NOV DEC

1.

CARD IFF CIRCLE ASS'N V. U. S., 92 CV 4323 (DNJ)

THIS FEDERAL TORT CLAIMS ACT COMPLAINT \vAS FILED AS A RESULT OF ACC IDENTAL
DAMAGE TO PROPERTY BY FCI FAIRTON SORT TEAM IN APRIL 1992.
SORT TEAM
CONDUCTING TACTICAL EXERCISES ON PRIVATE PROPERTY .
SORT TEAM TOSSED
SMOK E GRENADES INTO ABANDONED BUILDING.
TH IS CAUSED THE BUILDING TO
COMPLETELY DESTROYED BY FIRE.
A WARNING ON THE SMO KE GRENADES STATED
THAT GRENAD ES WERE FOR OUTDOOR USE ONLY AND THAT GR ENADES COULD CAUSE
FIRES.
PLAINTIFF SOUGHT DAMAGES OF $63,500 . CASE SETTLED FOR $25,000.
2.

SHEPTIN V. UNITED STATES, ET AL ., 93 - CV - 34 (WDPA)

INMATE LOUIS SHEPTIN FILED COMBINATION BIVENS AM D FTCA CASE ALLEGING THAT
HE WAS DENIED HIS SEIZURE MED ICATION BY FCI MCKEAN MEDICAL STAFF ON HIS
RETURN FROM WRIT IN FEBRUARY 1992 . ON THE FIFTH DAY WITHOUT HIS MEDICATION
SHEPTIN SUFFERED A GRAND MAL SEIZURE AND WAS TAKEN TO AN OUTSIDE HOSPITAL.
SHEPTIN ALLEGES THAT HE SUFFERED INJURIES TO HIS HEAD AND SHOULDER AS A
RESU LT OF A FALL CAUSED BY HIS SEIZURE.
RECORDS SUPPORTED SHEPTIN'S
CLAIM THAT HE REQUESTED SE IZU RE MEDICATION FOR 5 DAYS AND WAS NOT PROVIDED
IT.
CASE SETTLED FOR $3500, $500 OF WHICH WILL OFFSET HIS SPECIAL ASSESSMENT.
3.

SM ITH V. LAM, 92 CIV . 1876 (SDNY)

THIS IS A BIVENS CASE FILED BY A WITSEC I NMATE AGAINST THE FORMER UNICOR
FOREMAN OF THE GLOVE FACTOR Y.
IN JANUARY 1991 INMATE SEWED THROUGH HIS
FINGER ON A SEWING MACHINE IN THE GLOVE FACTORY . INMATE ALLEGES THAT
FOREMAN KNEW SAFETY GUARDS SHOULD HAVE BEEN ON MACHINE, BUT \vERE NOT.
CASE SETTLED FOR $100.
SALAMI V. BRENNAN, CIVIL NO. 93 -0 459 (MDPA)
TORT CLAIM CASE FILED BY OSCAR SALAM I, 36430 -053 ALLEGING HIS
WERE STOLEN BY ANOTHER INMATE, RECOVERED BY USP LEWISBURG STAFF,
AND THEN LOST.
CASE SETTLED FOR ON E PAIR OF SNEAKERS .
.~~,~~.~S

GOVERNMENT REPRESENTATION REQUESTS NOT APPROVED:
1.

SCHAFFER V. STEWART, NO . 93 - 214 (PA COURT OF COMMON PLEAS)

TWO STAFF MEMBERS AT USP LEWISBURG WERE INVOLVED IN A CAR ACCIDENT IN THE
PARKING LOT AT USP LEWIS BURG . NEITHER STAFF WAS ON DUTY. SCHAFFER BROUGHT
SUIT AGAINST STEWART FOR DAMAGES FROM THIS ACCIDENT .
STEWART MADE A
REQUEST FOR GOVERNMENT REPRESENTATION. THIS OFFICE RECOMMENDED AGAINST
GOVERNMENT REPRESENTATION BECAUSE STEWART ADMITTED THAT HE WAS NOT ON DUTY
AND WAS NOT DRIVING HIS CAR AS PART OF GOVERNMENT EMPLOYMENT.
2.

ABECASSIS V. MASLANSKY,

ET AL., 93 - CV -0215 (SDNY)

INMATE BROUGHT BIVENS CASE AGAINST CONTRACT DOCTOR AND AGAINST MCC NY
EMPLOYEE ALLEGING IMPROPER MED ICAL CARE . CONTRACT DOCTOR MADE REQUEST FOR
GOVERNMENT REPRESENTbTION.
WE RECOMMENDED AGAINST GOVERNMENT REPRESENTATION FOR CONTRACT DOCTOR S INCE HIS EMPLOYMENT CONTRACT SPECIFIED THAT HE
l'lAS NOT UNDER BUREAU SUPERVISION AND THAT HE l'lAS SOLELY RESPONSIBLE FOR
HIS ACTIONS.

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TRAVEL AND LEAVE SCHEDULE FOR JULY 1993
DAVE ESSIG TRAVEL--JULY 27-29 FC! ALLENWOOD SHAKEDOWN
UAL LEAVE--JULY 9
SADOWSKI TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--JULY 6-9
AZZMEIAH VAZQUEZ-SPICER TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--JULY 16, 19