1104~1994

UNITED STATES GOVERNMENT MEMORANDUM

'.

~...

Il

FROM:

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, 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
1994
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

#
#
#
#
#

111 120
133 130
124 161
120 89
12
0

89
124
127
86

86
135
107
114

114
129
155
88

88
150
131
107

JAN FEB MAR APR MAY JUN

JUL

AUG

SEP

OCT

# PENDING ON FIRST 318 328 373 356 405 389
# RECEIVED IN MONTH 75 76 83 83 70 82
200
3
0
4
# RECONSID. REC'D

385
52
9
91
355

355
83
6
114
330

330
81
139
280

1

o

280
69
10
76
283

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

TORT CLAIMS (1994)

89 80
83 87
92 48
80 119
o 27

119
128
111
136
11

136
119
144
111
15

# ANSWERED IN MONTH 67 31 100 37 86 86
# PENDING END OF MO 328 373 356 405 389 385
o
8 50 61 26
0
# OVER 6 MONTHS

o

o

o

o

8

NOV

DEC

NOV

DEC

o

JUL

AUG

SEP

OCT

# PENDING ON FIRST 231 244 256 275 284 197
# RECEIVED IN MONTH 24 47 28 33 27 71
8 24 114 95
# ANSWERED IN MONTH 11 35

173
31
49
155
125

155
51
77
129
81

129
42
45
126
93

126
44
42
128
84

# PENDING END OF MO 244 256 275 284 197 173
209 211 247 253 161 108
# OVER' 30 DAYS

DEC

o

JAN FEB MAR APR MAY JUN

OPRIVACY (1994)

NOV

TORT CLAIM INVESTIGATION STATUS: AS OF 10/31/1994
ALW DAN FA! LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
PENDING
3.
OVER 60 DAYS 0

8

0

4

o

20
0

2 12 10
000

5

o

LITIGATION ACTIVITY, 1994, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
304 310 322 332 342 354
18
25
23
21
28
# NEW CASES RECD 15
10
15
13
12
18
# LIT REP DONE
11
12
13
13
11
16
# CASES CLOSED
14
7
7
956
# HABEAS CORPUS
4
1
3
122
# FTCA
3
6
7
8
11
15
# BIVENS
4
4
6
5
3
5
# OTHER
4
o
2
0
0
0
# BIVENS & FTCA
0

o
3212

7

5

o

o

JUL

367
30
16
17
10
2
11
7

o

9

o
AUG
371
25
28
21
11
1
10
2
1

6
1

13
0

o

o

8
0

SEP OCT NOV DEC
412 424
51 22
22 25
10 10
15
7
6
2
19 11
11
2
o 0

, .

.(.

"

I

S~~TLEMENTS AND AWARDS:
.,...... CRAVEIRO V. LUTHER, CIVIL NO. 93 -154 (WDPA)

~~TE

JOSEPH CRAVEIRO, 02630-070, FILED A FTCA COMPLAINT ALLEGING THAT

HE LOST $367 IN PROPERTY WHEN AN OFFICER AT FCI MCKEAN ALLOWED ANOTHER
INMATE TO ASSIST IN PACKING OF THE PROPERTY. THE CASE COULD NOT BE
RESOLVED BY SUMMARY JUDGMENT DUE TO GENUINE ISSUES OF FACT.
CASE WAS
PROCEEDING TO DISCOVERY AND INMATE REQUESTED DEPOSITIONS OF VARIOUS STAFF.
CASE SETTLED FOR $150 TO AVOID TIME AND COST OF DEPOSITION AND TRIAL.

SIGNIFICANT CASES:
1.

ROSARIO V. HORVATITS, CIVIL ACTION NO. 90-80 (WDPA)

INMATE GREGORIO ROSARIO, 16973-038, FILED THIS BIVENS ACTION AGAINST
OFFICER HORVATITS ALLEGING EXCESSIVE USE OF F.oRCE. ROSARIO CLAIMED THAT
IN JANUARY 1990 AT FCI"MCKEAN, THE OFFICER DRAGGED HIM 75 FEET BY PULLING
AND TWISTING HIS HANDCUFFS, RESULTING IN INJURIES TO HIS HANDS AND HEAD.
ON JUNE 6, 1990, THE DISTRICT COURT DISMISSED THE COMPLAINT AS FRIVOLOUS
WITHOUT A RESPONSE FROM THE GOVERNMENT. ON APPEAL, THE THIRD CIRCUIT
REVERSED AND REMANDED THE CASE. THE THIRD CIRCUIT HELD IN AN UNPUBLISHED
OPINION.THAT THE ALLEGATIONS WERE SUFFICIENT, IF TRUE, TO REQUIRE THE
COMPLAINT TO BE SERVED AND AN ANSWER FILED BY THE DEFENDANT.
WE MOVED FOR SUMMARY JUDGMENT, FILING DECLARATIONS ATTESTING THAT THE
INMATE HAD REFUSED TO ENTER HIS CELL AND WHEN THE OFFICERS ATTEMPTED TO
ESCORT HIM, THE INMATE KICKED OFFICER HORVATITS. HORVATITS AND THE OTHER
ESCORTING OFFICER GRABBED THE INMATE AND FORCED HIM TO THE FLOOR. ANOTHER
CER ASSISTED TO CONTROL THE I,NMATE. AFTER, STAFF REGAINED CONTROL, A
EXAMINATION OF THE INMATE REVEALED ONLY A LIGHT BUMP TO HIS HEAD.
INMATE OPPOSED THE MOTION FOR SUMMARY JUDGMENT, AND ASSERTED THAT THE
FACTS IN THE OFFICER'S DECLARATIONS WERE FALSE. THE COURT DENIED OUR
MOTION, FINDING MATERIAL FACTS AT ISSUE. A HEARING HAS BEEN SCHEDULED FOR
NOVEMBER 30, 1994.

Q:

OUR SENSE IS THAT THE COURT WANTED TO BE SURE TO RESOLVE THIS CASE WITHOUT
THE CHANCE OF AN ADDITIONAL REMAND FROM THE THIRD CIRCUIT.
OUR EVIDENCE
IS SOLID. ASSISTANT REGIONAL COUNSEL JOYCE HORIKAWA WILL ASSIST AT THE
HEARING.
2.

MAZIARZ V. NYE, CIVIL NO. 94-1468 (EDPA)

THIS CASE HAS BEEN LISTED FOR TRIAL ON NOVEMBER 28-29, 1994.
FORMER INMATE JON MAZIARZ, 90212-038, FILED A BIVENS ACTION AGAINST STAFF
AT THE CAMP AT FCI SCHUYLKILL, ALLEGING THAT HE WAS DENIED HIS MEDICATION
ON ADMISSION ON FEBRUARY 10, 1994 FOR SERVICE OF HIS 4 MONTH SENTENCE.
STAFF PROPER~Y CONFISCTED FOUR MEDICATIONS THE INMATE HAD WHEN HE ARRIVED
AT THE CAMP. THE INMATE PRESENTED A HISTORY OF ARTHITIS, DEPRESSION, AND
HERNIATED DISKS. ON FEB 14, 1994, THE DOCTOR PERMITTED THE INMATE TO
RESUME ONE OF HIS MEDICATIONS, AN ANTI-INFLAMMATORY STEROID. ON FEB 24,
THE DOCTOR PERSONALLY EVALUATED THE INMATE AND PLACED HIM BACK ON HIS
ANTI-SEIZURE MEDICATION AND SUBSTITUTED A DIFFERENT ANTI-DEPRESSANT. THE
DOCTOR DID. NOT APPROVE THE LAST MEDICATION (VALIUM) BECAUSE OF ITS
ADDICTIVE NATURE.

o

3213

·

y'
A --MOTION FOR SUMMARY JUDGMENT IS PENDING, NEVERTHELESS, THE COURT HAS
eED THIS CASE ON ITS TRIAL CALENDAR FOR NOVEMBER 25, 28-29, 1994. HANK
OWSKI AND SCHUYLKILL PARALEGAL ANGIE BUEGE WILL ASSIST AT TRIAL.

f

10 . . . .

TRAVEL AND LEAVE SCHEDULE

DAVE ESSIG TRAVEL--NOVEMBER 14-18 NEW ATTORNEY TRAINING & GENERAL COUNSEL'S
MEETING IN AURORA, COLORADO.
ANNUAL LEAVE--NOVEMBER 23, 25
HANK SADOWSKI TRAVEL--NOVEMBER 28-29 MAZIARZ TRIAL, ALLENTOWN, PA

ANNUAL LEAVE--NOVEMBER 7-10, 21
JOYCE HORIKAWA TRAVEL--NOVEMBER 30 - ROSARIO TRIAL, ERIE, PA
ANNUAL LEAVE- -NOVEMBER 25

STEVE WAGNER - PASSED THE BAR IN INDIANA AND WILL BE SWORN IN SOON.
TRAVEL - NOVEMBER 14-18 NEW ATTORNEY TRAINING, DENVER, CO
ANNUAL LEAVE - NOVEMBER 4

RON HILL TRAVEL - NONE SCHEDULED

CAL

LEAVE - NOVEMBER 25

3214

•....
UNITED STATES GOVERNMENT MEMORANDUM

12-06-1994

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

,

ti'ROM:

DAVE ESSIG, REGIONAL COUNSEL, l.'lORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

3UBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************
~MINISTRATIVE

LEGAL ACTIVITIES--SUMMARY REPORT

1994

JAN FEB MAR APR MAY JON
REMEDIES

JUL

AUG

SEP

OCT

NOV

111 120
133 130
124 161
120 89
12
0

89
124
127
86

86
135
107
114

114
129
155
88

88
150
131
107

107
180
145
142

JAN FEB MAR APR MAY JON

JUL

AUG

SEP

OCT

NOV

PENDING ON FIRST 318 328 373 356 405 389
RECEIVED IN MONTH 75 76 83 83 70 82
2
0
0
3
o 4
RECONSID. REC'D
ANSWERED IN MONTH 67 31 100 37 86 86
PENDING END OF MO 328 373 356 405 389 385
o
8 50 61 26
0
OVER 6 MONTHS

385
52
9
91
355

355
83
6
114
330

330
81
139
280

283
83
15
79
302

1

o

280
69
10
76
283

JAN FEB MAR APR MAY JON

JUL

AUG

SEP

OCT

NOV

PENDING ON FIRST 231 244 256 275 284 197
RECEIVED IN MONTH 24 47 28 33 27 71
8 24 114 95
ANSWERED IN MONTH 11 35
PENDING END OF MO 244 256 275 284 197 173
209 211 247 253 161 108
OVER 30 DAYS

173
31
49
155
125

155
51
77
129
81

129
42
45
126
93

126
44
42
128
84

128
40
32
136
93

~MINISTRATIVE
~
~
~
~
~

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

rORT CLAIMS (1994)
~
~
~
~
~
~

ORIVACY (1994)
~
~
~
~
~

89 80
83 87
92 48
80 119
o 27

119
128
111
136
11

136
119
144
111
15

o

o

o

o

8

o

o

DEC

o
DEC

o
DEC

rORT CLAIM INVESTIGATION STATUS: AS OF 11/30/1994
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
?ENDING
4
)VER 60 DAYS 0

3

o

5

o

8

o

3

o

10
0

7

o

4
1

ACTIVITY, 1994, NORTHEAST REGION
JAN FEB MAR APR MAY JON
f CASES OPEN
304 310 322 332- 342 354
18
25
23
21
28
f NEW CASES RECD 15
10
15
13
12
18
LIT REP DONE
11
12
13
13
11
16
# CASES CLOSED
14
77956
# HABEAS CORPUS
4
1
3
1
2
2
t FTCA
3
6
7
8
11
15
t BIVENS
4
46535
t OTHER
4
02000
t BIVENS & FTCA
0

5

9

o

o

7

o

~ITIGATION

*

o
3172

JUL
367
30
16

17
10

2
11
7

o

AUG
371
25
28
21
11
1

10
2
1

6

o

8

o

o
o

4
0

SEP OCT NOV DEC
412 424 428
51 22 21
22 . 25 27
10 10 17
15
7 10
6

2

4

19
11

11
2

5
2
0

o

o

.

.'

SETTLEMENTS AND AWARDS:

NONE

~IFlCANT CASES:
l·~

ROSARIO V. HORVATITS, CIVIL ACTION NO. 90-80 (WDPA)

THIS CASE WAS DISCUSSED IN LAST MONTH'S REPORT. THIS IS A USE OF FORCE
BIVENS CASE FILED BY INMATE GREGORIO ROSARIO, 16973-038. A HEARING
WAS SCHEDULED FOR NOVEMBER 30, 1994. INMATE IS NOW IN STATE CUSTODY.
THE US MARSHALS DID NOT RECEIVE SUFFICIENT NOTICE TO ENABLE INMATE TO BE
BROUGHT TO HEARING. HEARING HAS BEEN POSTPONED UNTIL SPRING.
2.

MAZIARZ V. NYE, CIVIL NO. 94-1468 (EDPA)

THIS CASE WAS ALSO DISCUSSED IN LAST MONTH'S REPORT. THIS CASE WAS A
BIVENS ACTION FILED BY INMATE JON MAZIARZ, ALLEGING STAFF AT THE CAMP AT
FCI SCHUYLKILL DENIED HIM HIS MEDICATION ON ADMISSION. AT A PRETRIAL
CONFERENCE WITH THE JUDGE, THE ATTORNEY FOR THE INMATE AGREED TO WITHDRAW
THIS COMPLAINT WITHOUT PREJUDICE TO FILE A CLAIM AGAINST THE UNITED STATES
UNDER FTCA.
(THIS IS WHAT THE AUSA WAS SUGGESTING TO THE ATTORNEY FOR'
MONTHS.)
THE TRIAL WAS CANCELLED AND WE ARE AWAITING RECEIPT OF THE
ADMINISTRATIVE TORT CLAIM.
3.

OLIVEIRA V. BYERLY, CIVIL NO. 94-1665 (MDPA)

rHIS HABEAS PETITION FILED BY INMATE SERGIO OLIVEIRA, 84925-011, RESULTED
IN AN ADVERSE DECISION. THE INMATE HAD BEEN UNDER INVESTIGATION FOR
MISCONDUCT COMMITTED WITH A STAFF MEMBER. THE INVESTIGATION TOOK A LONG
rIME BEFORE CHARGES WERE FILED. THE ANNIVERSARY DATE FOR GOOD CONDUCT
rIME ARRIVED AND GCT WAS GIVEN TO THE INMATE. CHARGES WERE FILED THE SAME
THE GCT WAS AWARDED. THE DHO FOUND HIM GUILTY AND ORDERED THAT PART OF
CT AWARDED FOR THE YEAR IN WHICH THE OFFENSE WAS COMMITTED BE TAKEN.
. OVEMBER 7, 1994, THE DISTRICT COURT HELD THAT BUREAU POLICY DID NOT
PERMIT THE DISALLOWANCE OF GCT ALREADY AWARDED. THE COURT DID NOT REACH
rHE ISSUE OF WHETHER THE STATUTE, 18 USC 3624(B), PRECLUDED DISALLOWANCE.
WE RECOMMEND AGAINST APPEAL AND PROPOSE TO REVISE BUREAU POLICY TO
SPECIFICALLY PROVIDE FOR THIS CIRCUMSTANCE. THIS CASE WAS DISCUSSED WITH
CENTRAL OFFICE DHA BOBBY LEWIS, WHO IS WORKING ON THE REVISIONS.

O

UNITED STATES V. FIORELLI, CRIMINAL NO. 94-146 (EDPA)

4.

DEFENDANT JOSEPH FIORELLI WAS CONVICTED OF RACKETEERING AND EXTORTION
THE
:KARGES RELATING TO UNION ACTIVITIES, AND OF STEALING UNION FUNDS.
DEFENDANT HAS A 21 YEAR OLD GRANDDAUGHTER WHO SUFFERS FROM CELEBRAL PALSY.
rHE DEFENDANT ALLEGES THAT HE AND HIS WIFE REMOVE HER EVERY WEEK FROM A
PRIVATE HOME AND CARE FOR HER AT THEIR HOME. THE SENTENCING JUDGE IS
:ONCERNED THAT LONG TERM INCARCERATION WILL IMPACT THE GRANDDAUGHTER AND
NANTS TO SENTENCE THE DEFENDANT TO INCARCERATION WITH RELEASE ON WEEKENDS.
DEFENDANT IS FACING 10 YEARS.
THE AUSA HAS OPPOSED AND ASKED FOR BUREAU
~SISTANCE.
lA HEARING IS SCHEDULED FOR DECEMBER 6, 1994. ,HANK SADOWSKI
IS ASSISTING THE AUSA.
J.

BILGRAMI V. TURNER, CIVIL NO 93-1223 (MDPA)

IN NOVEMBER 18, 1994, THE DISTRICT COURT ORDERED THE BUREAU TO AFFORD
PRIOR CUSTODY. CREDIT OF 621 DAYS TO AKBAR BILGRAMI, 08830-018. BILGRAMI
flAS A DEFENDANT IN THE BCCI CASE. HE REQUESTED CREDIT FOR TIME SPENT ON
~

RELEASE IN AN APARTMENT WITH ELECTRONIC MONITORING.

3173

OFF-DUTY POLICE

..

•

OFFICERS, AT BCCI EXPENSE, PROVIDED AROUND THE CLOCK SECURITY. THE COURT
APPLIED THE NEW DECISION GN KORAY V. SIZER AND HELD THAT THIS AMOUNTED TO
NDITIONS APPROXIMATING JAIL TYPE CONDITIONS. THE BUREAU HAS GRANTED
(...'~.""
,
CREDIT RESERVING THE RIGHT TO VOID THE CREDIT IF THE ORDER IS VACATED
OVERTURNED ON APPEAL. BILGRAMI IS BEING TURNED OVER TO AN INS DETAINER
WILL PROBABLY BE DEPORTED. THE CASE HAD BEEN REMANDED FROM THE THIRD
CIRCUIT COURT OF APPEALS. THE AUSA HAS REQUESTED A STAY OF PROCEEDINGS
BEFORE THE COURT OF APPEALS PENDING RESOLUTION OF THE KORAY CASE, WHICH IS
BEFORE THE SUPREME COURT ON A PETITION FOR CERTIORARI.
TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--DECEMBER 5-14 DHO TRAINING, AURORA, COLO
ANNUAL LEAVE--DECEMBER 19-23
HANK SADOWSKI TRAVEL--DECEMBER 7 FCI FORT DIX, ASSIST AT SENTENCE COMP TRAINING

ANNUAL LEAVE--DECEMBER 27-30
JOYCE HORlKAWA TRAVEL--DECEMBER 6-8 USP LEWISBURG, AFTER ACTION WORK FORCE ON
ATTEMPTED ESCAPE
ANNUAL. LEAVE--NONE SCHEDULED
STEVE WAGNER TRAVEL - DECEMBER 6-8 FCI FORT DIX - SENTENCE COMP TRAINING
(,

~

LEAVE - DECEMBER 22-23

"HILL TRAVEL - NONE SCHEDULED

ANNUAL LEAVE - DECEMBER 23, 27, 29-30

/

(

3174

UNITED STATES GOVERNMENT MEMORANDUM

01-05-1995

TO:
~

r

!M:

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, 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
1994
JAN FEB MAR APR MAY
ADMINISTRATIVE REMEDIES

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

89 80
83 87
92 48
80 119
a 27

119
128
111
136
11

136
119
144
111
15

JON

JUL

AUG

SEP

OCT

NOV

DEC

111 120
133 130
124 161
120 89
12
a

89
124
127
86

86
135
107
114

114
129
155
88

88
150
131
107

107
180
145
142

142
113
206
49

a

a

a

a

o

o

TORT CLAIMS (1994)

JAN FEB MAR APR MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

# PENDING ON FIRST

318 328 373 356 405 389

385
52

355
83

330
81

283
83
15
79
302

302
56
74
292

#
#
#
#
#

RECEIVED IN MONTH 75 76 83 83 70 82
o 0 304
RECONSID. REC'D
2
ANSWERED IN MONTH 67 31 100 37 86 86
PENDING END OF MO 328 373 356 405 389 395
8 50 61 26
·0
OVER 6 MONTHS
0

9

6

8

91
355

114
330

139
280

1

o

280
69
10
76
283

o

o

8

o

o

JON

JUL

AUG

SEP

OCT

NOV

DEC

(, .. JENDING ON FIRST 231 244 256 275 284 197
'# "RECEIVED IN MONTH 24 47 28 33 27 71
8 24 114 95
# ANSWERED IN MONTH 11 35
# PENDING END OF MO 244 256 275 284 197 173
209 211 247 253 161 108
# OVER 3 a DAYS

173
31
49
155
125

155
51
77
129
81

129
42
45
126
93

126
44
42
128
84

128
40
32
136
93

136
31
37
130
95

~PRIVACY

(1994)

JAN

FEB

MAR

APR MAY

TORT CLAIM INVESTIGATION STATUS: AS OF 12/31/1994
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF
PENDING
3
OVER 60 DAYS 0

12
0

7

o

15

a

4
1

18
0

4

o

7

o

LITIGATION ACTIVITY, 1994, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
# CASES OPEN
304 310 322 332 342 354
18
25
23
21
28
# NEW CASES RECD 15
10
15
13
12
18
# LIT REP DONE
11
12
13
13
11
16
# CASES CLOSED
14
7
795
6
# HABEAS CORPUS
4
122
1
3
# FTCA
3
6
7
8
11
15
# BIVENS
4
4
6
5
3
5
# OTHER
4
o
2
000
# BIVENS & FTCA
a

3153

7

15

a

1

7
3

ALP BRN

FTD

10

11

a

3

a

2

ALM
8
1

JUL

AUG

SEP OCT NOV DEC

367
30
16
17
10

371

412 424 428 432
51 22 21 25
22 25 27 21
10 10 17 21
15
7 10
7

2S

28
21
11

2

1

6

2

4

4

11

10

7

2
1

19
11

11
2

5
2

9
5

0

0

o

o

a

i

SETTLEMENTS AND

At~ARDS:

NONE

SIGNIFICANT CASES:
, . . GILHOOLY V. HAWK,

(NO CIVIL NUMBER ASSIGNED)

(EDNY)

I~MATE EDWARD GILHOOLY, 29645-053, AN INMATE AT FMC ROCHESTER, FILED A
MOTION WITH HIS SENTENCING JUDGE (JUDGE WEXLER) REQUESTING THE COURT ORDER
THE DIRECTOR TO FILE A MOTION FOR COMPASSIONATE RELEASE UNDER 18 USC 3582.
GILHOOLY ALSO REQUESTED THE COURT TO ORDER HIM RELEASED ON FURLOUGH SO HE
CAN RECEIVE PRIVATE MEDICAL CARE AT HIS EXPENSE. GILHOOLY WAS FOUND TO
HAVE CANCER AND WILL PROBABLY REQUIRE REMOVAL OF HIS LARYNX. JUDGE WEXLER
GAVE THE AUSA 48 HOURS TO RESPOND AND SCHEDULED A HEARING FOR DECEMBER 22,
1994. A REQUEST FOR A MOTION FOR COMPASSIONATE RELEASE WAS DENIED BY THE
WARDEN AND BY THE REGIONAL DIRECTOR IN NCRO. THE REQUEST WAS YET TO BE
SUBMITTED TO THE GENERAL COUNSEL. WE CHALLENGED THE JURISDICTION OF THE
COURT TO ENTERTAIN THE MOTIONS AND AT THE SAME TIME, SET FORTH IN A SHORT
DECLARATION FROM FMC ROCHESTER, GILHOOLY'S PRESENT MEDICAL STATUS. THE
COURT HELD FROM THE BENCH THAT HE DID NOT HAVE JURISDICTION TO GRANT THE
RELIEF REQUESTED. THIS WAS ESPECIALLY SATISFYING SINCE THE SAME JUDGE HAD
ISSUED TWO PRIOR ORDERS RELEASING OTHER INMATES FOR THE PURPOSE OF
RECEIVING PRIVATE MEDICAL CARE. GILHOOLY'S ATTORNEY SAID THEY WILL APPEAL.

2.

STANKIWICZ V. BOP, CIVIL NO. 94-2-24; CRIM. NO. 93-171 (WDPA)

INMATE STANLEY STANKIWICZ, 04956-068, BROUGHT THIS HABEAS PETITION BEFORE
THE SENTENCING JUDGE (JUDGE MCCUNE), CHALLENGING THE DECISION OF THE CCM
TO REMOVE HIM FROM A CCC AND PLACE HIM AT FCI MORGANTOWN. THE INMATE WAS
A DIRECT COURT COMMITMENT SERVING A 12 MONTH SENTENCE AT THE CCC. HE WAS
FOUND GUILTY OF VIOLATING A CONDITION OF A COMMUNITY PROGRAM - HE WAS AT
A LOCATION WHICH WAS NOT AUTHORIZED BY HIS WORK RELEASE PASS. THE CCM
ERED HIM REMOVED FROM THE CCC.
PETITIONER WAS TAKEN TO FCI MORGANTOWN.
SENTENCING JUDGE ORDERED A HEARING ON THE PETITION FOR DECEMBER 22,
4 . THE COURT ASKED THE AUSA TO TRY TO GET THE INMATE RETURNED TO THE
CCC. THE ACTING CCM ADVISED THAT HE FELT THAT THE INMATE WAS SANCTIONED
SUFFICIENTLY AND THE CCM WAS WILLING TO ACCEPT HIM BACK. THE COM ARRANGED
FOR THE INMATE TO RETURN TO THE CCC EFFECTIVE DECEMBER 23, 1994. THIS
EFFECTIVELY MOOTED THE PETITION.

~
3.

MERUELO V. LAMER, CIVIL NO. 94-1822 (MDPA)

INMATE HOMERO MERUELO, 27893-048, THROUGH HIS ATTORNEY, FILED A HABEAS
CORPUS ACTION CHALLENGING ACTIONS AGAINST HIM AT THE INTENSIVE CONFINEMENT
CENTER, LEWISBURG. THE INMATE HAD REPORTED FOR HIS CLASS ONE DAY AFTER
A « 0 WAS COMPLETED AND WAS PLACED IN THE NEXT CLASS, TWO MONTHS LATER.
AFTER STARTING HIS CLASS, HE HAD BEEN FOUND GUILTY- BY THE UDC OF LYING TO
STAFF. THE ODC ORDERED HIM MOVED TO THE NEXT CLASS AT THE ICC. HIS
ATTORNEY -FILED THIS HABEAS ACTION CHALLENGING EACH OF THESE DECISIONS.
MAGISTRATE JUDGE SMYSER GRANTED THE ATTORNEY'S REQUEST FOR A HEARING,
PRESENTLY SCHEDULED -FOR JANUARY 6, 1995. I..., (.:.::;~ oS t-" 'J ./d.~ v U • ct ~,. S ~- j j "r.(,..
I

ON DECEMBER 20, 1994, THE INMATE RECEIVED ANOTHER INCIDENT REPORT FOR
LYING TO STAFF AND MISUSE OF THE TELEPHONE. THE UDC FOUND HIM GUILTY AND
THE ICC ADMINISTRATOR REMOVED HIM FROM THE ICC PROGRAM. THE ATTORNEY HAS
AMENDED HIS PETITION, CHALLENGING THE UDC ACTION AND ALLEGING THE INCIDENT
REPORT WAS RETALIATORY. USP LEWISBURG ATTORNEY MIKE SULLIVAN IS ASSISTING
THE AUSA AT THE HEARING.

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4.

CONNELL V. HOLLAND, C:VIL NO. 94-1170 (MDPA)

INMATE TIMOTHY CONNELL, 02819-050, NOW AT USP ALLENWOOD, FILED A PETITION
HABEAS CORPUS REQUESTING EXTRA GOOD TIME CREDIT UNDER REPEALED 18 USC
? FOR WORK HE PERFORMED IN STATE CUSTODY. CONNELL WAS SERVING
~ENT· FEDERAL AND STATE SENTENCES IN STATE INSTITUTION IN NEW JERSEY.
\.I1'lNELL'S FEDERAL CONCURRRENT 25 YEAR SENTENCE COMMENCED IN JUNE 1983. HE
COMPLETED HIS NEW JERSEY STATE SENTENCE IN OCTOBER 1993 AND HE WAS
DESIGNATED TO USP ALLENWOOD.
THE REGIONAL INMATE SYSTEMS ADMINISTRATOR
DECIDED TO GIVE PETITIONER EXTRA GOOD TIME FOR THE PERIOD FROM NOVEMBER
1989 THROUGH OCTOBER 1993.
INFORMATION FROM THE STATE OF NEW JERSEY HAD
BEEN RECEIVED SHOWING THAT THE INMATE HAD WORKED IN THAT TIME PERIOD. THE
INMATE FILED THIS PETITION TO REQUEST THE COURT TO ORDER ADDITIONAL EXTRA
GOOD TIME FOR THE PERIOD FROM JUNE 1983 THROUGH NOVEMBER 1989. WE HAVE
BEEN UNABLE TO OBTAIN FROM THE STATE OF NEW JERSEY ANY ADDITIONAL WORK
INFORMATION PRIOR TO NOVEMBER 1989. MAGISTRATE JUDGE SMYSER ORDERED A
HEARING, SUGGESTING HE WANTED A CLARIFICATION OF THE SENTENCE COMPUTATION.
THE HEARING IS SCHEDULED FOR JANUARY 13, 1995. ALLENWOOD COMPLEX ATTORNEY
HOPE MORO IS ASSISTING THE AUSA. SINCE HANK SADOWSKI ATTEMPTED TO OBTAIN
ADDITIONAL INFORMATION FROM NEW JERSEY, HANK WILL ATTEND THE HEARING AS
A FACT WITNESS.

~

TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--JANUARY 9-13 -- DOJ MED MALPRACTICE SEMINAR, SAN ANTONIO, TX
JANUARY 25-28 --INTERACTIVE VIDEO WORK GROUP, AURORA, COLO
ANNUAL LEAVE- -NONE SCHEDULED

c:
,

SADOWSKI TRAVEL--JANUARY 13 - CONNELL HEARING, HARRISBURG, PA

NUAL LEAVE--NONE SCHEDULED

. JOYCE HORIKAWA TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED

STEVE WAGNER TRAVEL - JANUARY 17-FEBRUARY 3 --

GLYNCO

ANNUAL LEAVE - NONE SCHEDULED

RON HILL TRAVEL - NONE SCHEDULED
ANNUAL LEAVE - JANUARY 3-4

3155