.
UNITED STATES GOVERNMENT

memorandum
Date:

Reply to
.Attn of:
Subject:

To:

April 10, 1998
Henry J. Sadowski, Regional Counsel, Northeast Region
Federal Bureau of Prisons, Philadelphia, PA 19106
Monthly Report - March 1998

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 110 91 146
Rec'd in month 113 155 187
Ans'd in month 132 100 171
Pending at End 91 146 162
Over 30 days
0
0
0
B. Administrative Tort Claims - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 236 262 261
Rec'd in month 77 73 92
2
Recons. rec'd
3
3
Ans'd in month 54 76 73
Pending at End 262 261 283
0
Over 180 days
0
0
C. Tort Claim Investigation Status:

As of March 31, 1998

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH

Pending
Over 60 days

1

o

10
0

7
0

2
0

1
0

7
3
9
100

14
0

2
0

8
0

3
0

7 12 10
002

..
2

D. FOI/Privacy Act Requests - 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 37 13
9
Rec'd in month 34 28 32
Ans'd in month 58 35 29
Pending at End 13
9 15
Over 30 days
1
1
0
E. FOIA Requests for records:

As of March 31, 1998

ALF ALM ALP ALW BRO DAN FAr FTD LEW LOR MCK NYM OTV RBK
SCH
Pending
Over 30 days

II.

0
0

0
0

0
0

0
0

1
0

0
0

0
0

0
0

1
0

1
0

1
0

1
0

0
0

0
0

LITIGATION ACTIVITY - 1998 NORTHEAST REGION

A. SUMMARY REPORT

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

670 604 597
13 15 21
7 13
5
1
4
2
1
2
3
4
2
1
2
0
2
8 10 10
7 12
66

B. SETTLEMENTS AND AWARDS:'

- None

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

I} United States v. Ginsberg, Criminal No. 95-634

(E.D.Pa.)

On March 4, 1998, Assistant Regional Counsel Joyce Horikawa
and Quincy Heck, Regional Health Systems Administrator,
assisted the AUSA at a sentencing hearing in the above case
before Judge

3

1
0

Brody. The defendant, Irwin Ginsberg, who was convicted of
setting fire to a building to collect in insurance money,
requested downward departure from his sentencing guidelines
based on his physical and emotional state.
Defendant has a
15 year history of Type II diabetes and associated
complications. He also has a history of hepatitis C, carpel
tunnel syndrome, degenerative disk disease, hypertension,
peptic ulcers, irritable bowl syndrome, chronic rhinitis,
cardiac arrhythmia and depression.
Mr. Heck testified about the medical facilities and
operation of the medical departments in the various Bureau
of Prisons institutions in this·region.
He testified that
based upon his review of the defendant's medical records and
the te~timony of the medical experts, as well as his
personal knowledge of the Bureau of Prisons, the Bureau was
capable of handling this defendant and his particular
medical needs.
The judge has not yet issue a ruling.
2) United States v. Mayhue, Crim. No. 96-548

(E.D.Pa.)

On March 10, 1998, Judge Joyner issued an order that Mark
Mayhue, 51264-066 serve the remainder of his 9 month
sentence under home detention. The inmate was designated to
Lebanon County Jail in a work release program.
He was not
eligible under 18 U.S.C.
§ 3624(c) to enter home confinement until July 1998.
On
March 12, 1998, I contacted the Judge's law clerk and
advised that the Bureau would violate the statute if it
followed the court order. The Judge held a telephonic
hearing on March 13, 1998. Joyce Horikawa and I
participated in the hearing. The court stated he did not
want to issue orders contrary to statute and rescinded the
order.
3) Brown v. Morton et al., CV-95-2881 (E.D.N.Y.)
On Friday, March 13, 1998, at 11:15 a.m., a conference call
was held with Judge Gold, the AUSA, FCI Schuylkill, lnmate
Orson Brown, 43993-053 and James Vogel, Paralegal, MDe
Brooklyn.
Judge Gold asked if the two page complalnt the
inmate recently filed was intended to be an amendment to the
above-referenced matter or a new complaint.
The inmate
indicated that he filed this as a

4

new case because his Bivens claims regarding medical care
had been dismissed. Additional miscellaneous issues were
discussed, including the deposition of the Plaintiff and
status of discovery responses.
4) United States v. Rojas, Crim No.

(E.D.N.Y.)

On March 20, 1998, a hearing was held before Judge Weinstein
regarding subpoenas, issued by an attorney for the
defendant, demanding documents regarding inmates (not the
defendant) at MDe Brooklyn and FCI Otisville. MDC Brooklyn
attorney Azzemiah Vazquez argued the Bureau's objections to
the subpoena (burdensome, relevancy, privacy).
The Court
agreed and advised the defense attorney that the Court would
not issue an order compelling the disclosure of this
information.
5) United States v. McNaughton, 93 Crim. 147 (E.D.Pa.)
On March 30, 1998, I participated in an emergency telephone
hearing before Judge Brody.
In connection with a April 1,
1998 hearing on a motion to vacate his sentence, the U.s.
Marshal assumed custody of Richard McNaughton, 08042-073,
from .the camp at Lewisburg on the morning of March 30
pursuant to a writ.
His attorney requested an emergency
hearing to ask the court to release the inmate on bail
pending the hearing. Counsel expressed concern for the
ability of the writ custodians to administer medication,
etc.
Counsel advised that the inmate received fine medical
care at Lewisburg. The court asked the Bureau's position on
the medical care and whether the inmate could be held at FCI
Fairton.
I advised inmates on writ are afforded a supply of
medication.
I also advised that the court could recommend
FCI Fairton but I would need to check with the Warden to
ensure there were no security concerns.
The court
determined that the inmate's presence was not necessary for
the hearing and vacated the writ.
The inmate was
immediately returned to Lewisburg.

5

UPCOMING HEARING
U.S. v. Hammer 4:Cr-96-239 (M.D.Pa.)
On April 13, 1998, a contempt of court hearing has been

scheduled before District Judge Muir in Williamsport, PA.
At issue is the failure by USP Allenwood mail room staff to
comply with the court's order relating to the opening of
"Special Mail" from the Clerk of Court and defense counsel.
Six staff from the USP are scheduled to testify concerning
the four pieces of mail which were opened contrary to the
Court's order.
It appears that confusion concerning whether
the court order was still effective caused the inadvertent
opening.

D. RELIGIOUS CASES: - No New Activity
E. ENSIGN AMENDMENT CASES: No New activity.
F. PLRA 1915 DISMISSALS:

None.

III. TRAVEL AND LEAVE SCHEDULE FOR MARCH 1998:
Hank Sadowski Travel - April 8 - Accompany Regional Director in
meetings with Chief Judge, and U.S. Attorney, Harrisburg,
Pa.
- April 26-April 30 - Sentencing Training,
MSTC.
Annual Leave - April 13, 15, 17. May 1.
Training - Annual Refresher Training April 14 and
16.
Mike Tafelski Travel - April 20 - FCI Ray Brook
April 21 - Albany, NY - Settlement
conference.
Annual Leave - None Scheduled
Training - Annual Refresher Training April 13 and
17.
Toni Brown Scheduled to report to NERO on April 27, 1998.
Ron Hill Travel - None Scheduled
Annual Leave - April 9 - 10.
6

Les Owen Travel - None scheduled.
Annual Leave - None Scheduled.
Rosalind Bingham -

Travel - April 20-24 House Hunting -- Fcr
Otisville
Annual Leave - April 13-14; April 27 - May 1.

Personnel notes:

Rosalind Bingham received the Paralegal Recognition Award
during graduation ceremonies on March 17, 1998. She has
been assigned to FCr Otisville and is reporting on May 26,
1998.
r thank Ros for her assistance to this office over
the past year.
cc: Regional Director and Deputy Regional Director, NER
All NER Wardens
All Regional Counsel and Associate General Counsel
All NER institution attorneys and paralegals