.
t!

~.

09-12-1995

'.

~'

OM:

UNITED STATES GOVERNMENT MEMORANDUM

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

.SEP i 21995

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

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1995
JAN FEB
ADMINISTRATIVE REMEDIES

MAR

APR

MAY

# PENDING ON FIRST
49 115 94 79 89
# RECEIVED IN MONTH 154 111 149 136 127
# ANSWERED IN MONTH 88 132 164 126 158
# PENDING END OF MO 115 94 79 89 58
# OVER 30 DAYS
0
0
0
0
0
TORT CLAIMS (1995)

JAN FEB

AUG

JUL

JUL

AUG

PENDING ON FIRST 292 290 276 278 319 355
RECEIVED IN MONTH 65 65 91 75 81 60
7
7 13
RECONSID. REC'D
6
7
10
ANSWERED IN MONTH 74 86 102 40 52 115
# PENDING END OF MO 290 276 278 319 355 310
o 0 o o o o
# OVER 6 MONTHS

310
79
12
99
302

302
55
274

MAY JUN

JUL

AUG

67 70 114
37 49 30
34
5 30
70 114 114
27 69 84

114
39
24
129
90

129
32
31
130
98

MAY

#
#
#
#

" -,/PRIVACY (1995)

JAN FEB

(....AENDING ON FIRST 130
# RECEIVED IN MONTH 29
# ANSWERED IN MONTH 72
# PENDING END OF MO 87
65
# OVER 30 DAYS

87
20
26
81
60

MAR

81
38
52
67
28

APR

SEP

OCT

NOV

DEC

SEP

OCT

NOV

DEC

SEP

OCT

NOV

DEC

58 53
71
138 124 161
143 106 158
53 71
74
000
JON

MAR

APR

JON

5

88

o

o

TORT CLAIM INVESTIGATION STATUS: AS OF 8/31/1995
.
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
PENDING
0
OVER 60 DAYS 0

3

o

9

o

12
0

9

o

15
8

4
2

5
1

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JON
# CASES OPEN
427 440 453 465 488 492
26
30
26
38
24
# NEW CASES RECD 29
22
15
14
30
20
# LIT REP DONE
11
13
17
14
15
20
# CASES CLOSED
34
9
5
855
# HABEAS CORPUS
8
7
3
353
# FTCA
6
9
16
12
24
12
# BIVENS
14
1
5
242
# OTHER
0
o
110
0
# BIVENS & FTCA
1

(~
\

2963

9

o

11
0

'JUL

515
41
25
18
3

7 12 15
001

AUG
530
28
18
13
8
1

12
21

14

5

5

o

o

3 14
o 0

SEP OCT NOV DEC

SETTLEMENTS AND AWARDS:
~RANT V. BUREAU OF PRISONS, CIVIL NO. 95-172 (W.D.PA.)

(

XTE GABRIEL GRANT, 24094-053, FILED THIS FTCA ACTION REQUESTING $130.15
FOR PROPERTY ALLEGEDLY LOST WHEN HE WAS PLACED IN SPECIAL HOUSING AT FCI
MCKEAN. RECORDS SUPPORTED THE CLAIM OF LOST PROPERTY. GRANT REFUSED AN
OFFER OF $45 TO HIS ADMINISTRATIVE TORT CLAIM. CASE SETTLED FOR $80.
SIGNIFICANT CASES:
1.

MALIK V. HERSHBERGER, 93 CIV. 4396 (S.D.N.Y.)

THIS CASE WAS DISCUSSED IN PRIOR MONTHLY REPORTS.
INMATE ABDEL-JABBOR MALIK, 80768-054, BROUGHT THIS BIVENS ACTION AGAINST
THEN FCI OTISVILLE WARDEN HERSHBERGER ALLEGING CONSTITUTIONAL INFRINGEMENT
OF HIS ATTORNEY VISITS DURING HIS CRIMINAL TRIAL. IN RULING ON A.MOTION
FOR SUMMARY JUDGEMENT, JUDGE PRESKA HELD THAT AN ALLEGATION THAT THE
CORRECTIONAL OFFICERS WERE POSITIONED BY THE WARDEN TO HEAR HIS ATTORNEY
CLIENT MEETING MUST PROCEED TO TRIAL. "TRIAL-:·T~;COMMENCE'~·'''S·EPTEMBE~·3 ,
10995.
~K SADOWSKI WILL ATTEND THE TRIAL.
2.

ROSARIO V. HORVATITS, CIVIL NO. 90-80 (W.D.PA)

THIS CASE WAS ALSO DISCUSSED IN PRIOR MONTHLY REPORTS.
INMATE GREGORIO ROSARIO, 16973-038, BROUGHT THIS BIVENS ACTION AGAINST
FORMER FCI MCKEAN CORRECTIONAL OFFICER, DANIEL HORVATITS, ALLEGING THAT HE
WAS ASSAULTED AND DRAGGED 75 FEET BY THE DEFENDANT ON JANUARY 23, 1990.
THE EVIDENTIARY HEARING WAS HELD ON,JULY 10, 1995. JOYCE HORIKAWA
ASSISTED AT THE TRIAL. ON AUGUST 3, 1995, THE MAGISTRATE JUDGE ISSUED
/A.JPORT RECOMMENDING A DECISION IN FAVOR OF BUREAU STAFF.

(..

US V.

(JUVENILE) CRIM.NO. 94-1047 (E.D.N.Y.)

THIS CASE WAS DISCUSSED IN LAST MONTH'S REPORT. THIS IS A CONTEMPT OF
COURT CASE ARISING FROM A DISPUTE OVER PRIMARY JURISDICTION BETWEEN STATE
AND FEDERAL SENTENCES. THE FEDERAL JUDGE ISSUED AN ORDER TO SHOW CAUSE WHY
DIRECTOR HAWK, DEPUTY ASST DIR. FANELLO AND HANK SADOWSKI SHOULD NOT BE
HELD IN CONTEMPT FOR FAILURE TO TAKE THE JUVENILE INTO FEDERAL CUSTODY.
A HEARING BEFORE THE FEDERAL SENTENCING JUDGE ON JULY 19, 1995 DID NOT
RESOLVE THE CONTEMPT PROCEEDING. ON SEPTEMBER 1, 1995, THE STATE JUDGE
ISSUED AN ORDER RELEASING THE JUVENILE ON HIS OWN RECOGNIZANCE. THIS
CAUSED PRIMARY CUSTODIAL JURISDICTION TO S~IFT TO FEDERAL AUTHORITIES.
THE JUVENILE HAS NOW BEEN DESIGNATED TO SERVE HIS FEDERAL SENTENCE AT THE
CONTRACT FACILITY RECOMMENDED BY THE FEDERAL SENTENCING JUDGE. THE US
MARSHALS ARE MAKING SPECIAL ARRANGEMENTS FOR HIS TRANSPORTATION. AS SOON
AS THE JUVENILE IS MOVED BY THE MARSHALS, THE AUSA WILL NOTIFY THE FEDERAL
SENTENCING JUDGE AND REQUEST DISMISSAL OF THE CONTEMPT ·PROCEEDINGS.
4.

UNITED STATES
V. PAPPAS, CR 95-368-01 (E.D.N.Y.)
,
THIS CASE WAS DISCUSSED IN LAST MONTH'S REPORT.
PRETRIAL DETAINEE DENNIS PAPPAS, 45783-053, FILED A MOTION WITH CRIMINAL
TRIAL JUDGE ALLEGING MEDICAL PROBLEMS REQUIRE HIS RELEASE TO HOSPITAL. THE
JUDGE REFERRED THE MOTION TO MAGISTRATE InJDGE ORENTSTEIN FOR A HEARING.
THE HEARING WAS HELD ON AUGUST 1 & 2, 1995, AFTER WHICH, THE MAGISTRATE
JUDGE DECIDED THAT HOSPITAL PLACEMENT WAS NOT NECESSARY, BUT ORDERED THE
:,~NY TO DO A SERIES OF IMPRACTICAL THINGS IF THE INMATE COMPLAINS OF

2964

CHEST PAINS. THE MOST ONEROUS IS TO CALL 911 AND REMOVE HIM FROM THE MCC
NEVER HE COMPLAINS. DOMINIQUE RAIA ATTENDED THE HEARING AND, THROUGH
AUSA, FILED AN APPEAL TO THE TRIAL JUDGE. THE JUDGE GRANTED RELIEF
HELD THAT THE "ORDER" FROM THE MAGISTRATE JUDGE SHOULD BE TREATED BY
'. .l:! WARDEN AS A RECOMMENDATION.

tli
5.

MF V. REISH, CIVIL NO. 95-4904 (S.D.N.Y.)

WITSEC INMATE AT MCC NY FILED A BIVENS ACTION WHICH REQUESTED INJUNCTIVE
RELIEF. INMATE IS CHALLENGING CONDITIONS AT NITSEC UNIT AT MCC NY. ON
SEPTEMBER'''''l''17-''1995, JUDGE SHEINDLIN HELD A HEARING TO CONSIDER INJUNCTIVE
REQUESTS RELATING TO QUESTIONS RAISED ON MEDICAL CARE AND SECURITY (MF
COMPLAINED DOCUMENTS WERE COPIED AT A COPIER MACHINE OUTSIDE THE UNIT) .
THE."JYDGE-·FOUND",,·NO.,··GReUND--Te'-GRANT'~·REL"lEF··ON"''''THESE~'ALLEGA-ID[-()NS:~
AT THE
HEARING, INMATE RAISED ADDITIONAL ISSUE CONCERNING CONTAMINATION OF WITSEC
FOOD BY OTHER INMATES. THE JUDGE REQUESTED ADDITIONAL BRIEFING ON THIS
ISSUE. DOMINIQUE RAIA ASSISTED THE' AUSA AT THE HEARING.
RELIGIOUS CASES
**NEW RELIGIOUS CASES RECEIVED IN AUGUST:
1. 'DAVIDSON V. WARDEN, CIVIL ~O. 95-732 -- IN THIS BIVENS ACTION, INMATE
ALLEGES THAT STAFF AT USP LEWISBURG DENIED HIM ACCESS TO RELIGIOUS
MATERIALS AFTER HIS PLACEMENT IN SPECIAL HOUSING. INMATE DOES NOT CITE
RFRA AS THE BASIS FOR THIS CLAIM. CASE ASSIGNED TO MIKE TAFELSKI.
**THE FOLLOWING IS A SUMMARY OF PENDING RELIGIOUS CASES:
1. COOPER V. TIPPY, CIVIL NO. 94-758 (N.D.N.Y.)--IN THIS BIVENS CASE, A
JEWISH INMATE ALLEGED THAT THE COMMON FARE PROGRAM AT FCI RAY BROOK DID
COMPLY WITH BUREAU POLICY AND DID NOT MEET HIS RELIGIOUS NEEDS.
HIS
(
DLAINTS CENTERED ON SPECIFIC FOOD ITEMS AND THE ALLEGED FAILURE TO
..
SEPARATE UTENSILS. INMATE WAS RELEASED IN JULY 1994. MOTION FOR
S
Y JUDGMENT PENDING SINCE OCTOBER 1994. NO NEW INFORMATION.

~

2. KARRIEM V. RIGGS, CIVIL NO. 93-0224 (DDC) --MUSLIM INMATE AND NONINMATE MINISTER FILED FOR INJUNCTION TO REQUIRE BOP TO RECOGNIZE A RIGHT
TO HAVE A SPECIAL RELIGIOUS FEAST FOR RAMADAN IN DECEMBER, 1993, NOT IN
NINTH LUNAR MONTH AS IS RECOGNIZED AT PRESENT. THE CASE WAS ORDERED
TRANSFERRED TO MDPA WHERE INMATE HAD BEEN HOUSED. HOWEVER, THE INMATE
APPEALED THE TRANSFER ORDER WHICH STAYED THE TRANSFER PENDING APPEAL.
NO ACTION IN CASE SINCE JULY 6, 1993. NO ACTION SINCE LAST REPORT.
3.

MUHAMMAD V. REICH, 95-2318 (S.D.N.Y.)

PRETRIAL DETAINEE ABDUL-SHAHID FARRAKHAN MUHAMMAD, 36641-054, FILED THIS
BIVENS ACTION ALLEGING THAT THE WARDEN AT MCC NY DID NOT SAFEGUARD THE
RELIGIOUS INTERESTS OF THE NATION OF ISLAM. HE ALLEGES A DENIAL OF
ACCESS TO MINISTERS OF HIS FAITH AND DENIAL OF ACCESS TO A DECEMBER FAST.
RFRA IS NOT CITED IN THE COMPLAINT. NO NEW INFORMATION.
4. WILLIAMS-BEY V. RENO, 95-734 (M.D.PA.)
RELYING ON RFRA, INMATE HAYWOOD WILLIAMS, 20232-083, BROUGHT THIS BIVENS
TYPE ACTION CHALLENING A HOST OF RELIGIOUS ISSUES AT USP ALLENWOOD. THE
INMATE STATES HE BELONGS TO THE MOORISH SCIENCE TEMPLE OF AMERICA, AND
ALLEGES THE BUREAU HAS INTERFERED WITH AN INTRAFAITH DISPUTE, FORCING HIM
(T~CCEPT THE LEADERSHIP OF ONE GRAND SHIEK AND NOT ANOTHER.

2965

HE ALSO

ALLEGES THAT EACH FEDERAL INSTITUTION HAS CAUCASIAN CHRISTIAN MINISTERS,
DOES NOT EMPLOY ANY OF HIS RELIGION. HE ALSO COMPLAINS ABOUT HEADGEAR,
, JEWELRY, AND USE OF RELIGIOUS SURNAME. HOPE MORO IS ASSIGNED.

ct
'~.1.

VEL AND LEAVE SCHEDULE

DAVE ESSIG TRAVEL--SEPTEMBER 11-13 CAPTAIN'S CONFERENCE, DALLAS, TX
SEPTEMBER 19-20 STAFF ASSIST; DANBURY, CT
ANNUAL LEAVE--NONE SCHEDULED
HANK SADOWSKI TRAVEL--SEPTEMBER 13-14 MALIK TRIAL, S.D.N.Y.
ANNUAL LEAVE--SEPTEMBER 7
JOYCE HORIKAWA TRAVEL--SEPTEMBER 21-22 REHAB TRIAL, E.D.N.Y.
ANNUAL LEAVE--NONE SCHEDULED
RON HILL TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--SEPTEMBER 15-22
ON SEPTEMBER 5, 1995, LAW CLERK M. TERESA. CRUSE, HAS JOINED OUR STAFF IN
THE REGIONAL LEGAL OFFICE, AS THE HONORS ATTORNEY SELECTION. PARALEGAL
SPECIALIST JIM VOGEL (RECENT RECIPIENT OF AWARD AS LEAD GRADUATE'OF THIS
YEAR PARALEGAL TRAINING SCHOOL) IS REPORTING TO MCC NY ON SEPTEMBER 18,
1995. WE WISH HIM WELL.

(.,
2966

::

10-05-1995

.~,

:: / , ;

~.

I

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY~ GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534
--------~
: :.:~D rn ~ Ii? 'n \Vi :'~ r:
r
~ ~ U et :i~,: f !:
fROM: DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
II
I
"
r
~ :~
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

t'

I

t

SUBJECT:

. 'J: OCT 61995

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

!

*************************************************************~~,~~~*~
. ....-.-.......:.:. '.

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1995
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

#
#
#
#
#

PENDING ON FIRST
49 115 94 79 89
RECEIVED IN MONTH 154 111 149 136 127
ANSWERED IN MONTH 88 132 164 126 158
PENDING END OF MO 115 94 79 89 58
0
OVER 30 DAYS
0
0
0
0

#
#
#
#

SEP

58 53
138 124
143 106
53 71
0
0

71
161
158
74
0

74
143
137
80
0

JUL

AUG

SEP

PENDING ON FIRST 292 290 276 278 319 355
RECEIVED IN MONTH 65 65 91- 75 81 60
RECONSID. REC'O
7
6
7 10
13
7
ANSWERED IN MONTH 74 86 102 40 52 115
PENDING END OF MO 290 276 278 319 355 310
0
0
OVER 6 MONTHS
0
0
0
0

310
79
12
99
302
0

302
55
5
88
274
0

274
63
5
93
249

JUL

AUG

SEP

114
39
24
129
90

129
32
31
130
98

130
46
68
108

(~/PRIVACY (1995)

\'"

AUG

JAN FEB MAR APR MAY JUN

TORT CLAIMS (1995)

#
#
#
#
#
#

JUL

JAN FEB MAR APR MAY JUN

ENDING ON FIRST 130 87
RECEIVED IN MONTH 29 20
ANSWERED IN MONTH 7.2 26
PENDING END OF MO 87 81
OVER 30 DAYS
65 ·60

81
38
52
67
28

67 70 114
37 49 30
34
5 30
70 114 114
27 69 84

OCT

NOV

DEC

OCT

NOV

DEC

OCT

NOV

DEC

0

62

TORT CLAIM INVESTIGATION STATUS: AS OF 9/30/1995
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTC ALP BRN ALM
PENDING
1
OVER 60 DAYS 0

2
0

8
0

21
0

2
0

10
4

4
0

6
3

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
427 440 453 465 488 492
# CASES OPEN
26
30
26
38
24
# NEW CASES RECD 29
11
15
14
30
22
'20
# LIT REP DONE
34
13
17
14
15
20
# CASES CLOSED
HABEAS
CORPUS
8
5
5
9
8
5
#
6
7
3
3
3
5
# FTCA
14
16
9
24
12
12
# BIVENS
0
5
4
1
2
2
# OTHER
1
0
1
0
0
1
# BIVENS & FTCA

(~
2947

\

9
0

5

5

7

8

0

0

0

0

1
0

5
0

JUL

AUG

SEP OCT NOV DEC

515
41
25
18

530
28
18
13
8
1
14
5
0

540
30
19
20
11

3

12
21
5
0

1

17
1

0

SETTLEMENTS AND AWARDS:
~

BATTLE V. UNITED STATES, CIVIL NO. 94-228 (W.D.PA.)

( ~~TE STANLEY BATTLE, 40245-133, FILED THIS FTCA ACTION ALLEGING MEDICAL
··._.ALPRACTICE CAUSED THE AMPUTATION OF ALL 10 OF HIS TOES. THE ISSUE WAS
THE FAILURE TO DIAGNOSE HIM AS A DIABETIC.
CASE SETTLED FOR $170,000
. SINCE CASE WAS PROCEEDING TO TRIAL WITH CONSIDERABLE EXPOSURE TO U.S.
2.

SITTON V. UNITED STATES, 95-272 (W.D.PA.)

INMATE DWAYNE SITTON, 04752-068, FILED FTCA ACTION ALLEGING HIS PROPERTY
WAS LOST AFTER PLACEMENT IN SPECIAL HOUSING· AT FCI ALLENWOOD.
INMATE
REQUESTED DAMAGES OF $191.65. RELEVANT INVENTORY FORM COULD NOT BE FOUND.
CASE SETTLED FOR $107.
SIGNIFICANT CASES:
1.

MALIK V. HERSHBERGER, 93 CIV. 4396 (S.D.N.Y.)

THIS CASE WAS DISCUSSED IN PRIOR MONTHLY REPORTS. TRIAL HELD ON SEPT. 13
THROUGH 15, 1995 ON BIVENS ACTION BROUGHT BY ABDEL-JABBOR MALIK, 80768-054
ALLEGING FORMER OTISVILLE WARDEN HAD STAFF EAVESDROP ON HIS CONVERSATIONS
WITH HIS ATTORNEY. THE JURY RETURNED A VERDICT FOR WARDEN HERSHBERGER &
FOUND THAT STAFF HAD NOT EAVESDROPPED ON TH.E ATTORNEY CLIENTS VISITS.
2.

ROSARIO V. HORVATITS, CIVIL NO. 90-80 (W.D.PA)

THIS CASE WAS ALSO DISCUSSED IN PRIOR MONTHLY REPORTS.
INMATE GREGORIO
ROSARIO, 16973-038, BROUGHT THIS BIVENS ACTION AGAINST FORMER FCI MCKEAN
CORRECTIONAL OFFICER, DANIEL HORVATITS, ALLEGING THAT ROSARIO HAD BEEN
~AULTED AND DRAGGED 75 FEET BY THE DEFENDANT ON JANUARY 23, 1990. THE
DENTIARY HEARING WAS HELD ON JULY 10, 1995. JOYCE HORIKAWA ASSISTED
( ....
THE TRIAL.
ON SEPTEMBER 15, 1995, THE DISTRICT COURT ENTERED JUDGMENT
FOR THE DEFENDANT. THE INMATE FILED AN APPEAL.

~
3.

BOUTRON V. MORTON, 93-CR-1018 (E.D.N.Y.)

INMATE EFRAIN BOUTRON, 28212-053, A PRETRIAL DETAINEE AT MDC BROOKLYN,
FILED FOR AN ORDER COMPELLING THE BUREAU OF PRISONS TO AFFORD THE INMATE
A SECOND NEUROLOGICAL EXAM BY AN OUTSIDE DOCTOR. JUDGE PLATT HELD A
HEARING ON· SEPTEMBER 22, 1995. AZZMEIAH VAZQUEZ REPRESENTED THE BUREAU.
THE CLINICAL DIRECTOR AT MDC BROOKLYN CONDUCTED A FULL NEUROLOGICAL EXAM
WHICH YIELDED NORMAL RESULTS. THUS, THE BUREAU DID NOT REQUEST AN OUTSIDE
CONSULTANT. THE JUDGE DENIED THE MOTION BUT REQUESTED THE BUREAU TO
OBTAIN A SECOND OPINION FROM .~ BUREAU NEUROLOGIST. AZZMEIAH AGREED TO
THE JUDGE'S' REQUEST •.
RELIGIOUS CASES
**NEW RELIGIOUS CASES RECEIVED IN SEPTEMBER:

NONE

**THE FOLLOWING IS A SUMMARY OF PENDING RELIGIOUS CASES:
1. COOPER V. TIPPY, CIVIL NO. 94-758 (N.D.N.Y.)--IN THIS BIVENS CASE, A
JEWISH INMATE ALLEGED THAT THE COMMON FARE PROGRAM AT FCI RAY BROOK DID
NOT COMPLY WITH BUREAU POLICY AND DID NOT MEET HIS RELIGIOUS NEEDS. HIS
COMPLAINTS CENTERED ON SPECIFIC FOOD ITEMS AND THE ALLEGED FAILURE TO

2948

KEEP SEPARATE UTENSILS.
INMATE WAS RELEASED IN JULY 1994. MAGISTRATE
JUDGE RECOMMENDED AGAINST GRANT OF SUMMARY JUDGMENT DUE TO CONTESTED FACTS
KOSHER MARKINGS AND SEPARATE UTENSILS.
DISCOVERY IS EXPECTED.

~

, KARRIEM V. RIGGS, CIVIL NO. 93-0224 (DOC) --MUSLIM INMATE AND NON··._ ....MATE MINISTER FILED FOR INJUNCTION TO REQUIRE BOP TO RECOGNIZE A RIGHT
TO HAVE A SPECIAL RELIGIOUS FEAST FOR RAMADAN IN DECEMBER, 1993, NOT IN
NINTH LUNAR MONTH AS IS RECOGNIZED AT PRESENT.
THE CASE WAS ORDERED
TRANSFERRED TO MDPA WHERE INMATE HAD BEEN HOUSED. HOWEVER, THE INMATE
APPEALED THE TRANSFER ORDER WHICH STAYED THE TRANSFER PENDING APPEAL.
NO ACTION IN CASE SINCE JULY 6, 1993. NO ACTION SINCE LAST REPORT.
3. MUHHAMMAD V. REICH, 95-2318 (S.D.N.Y.)
PRETRIAL DETAINEE ABDUL-SHAHID FARRAKHAN MUHAMMAD; 36641-054, FILED THIS
BIVENS ACTION ALLEGING THAT THE WARDEN AT MCC NY DID NOT SAFEGUARD THE
RELIGIOUS INTERESTS OF THE NATION OF ISLAM. HE ALLEGES A DENIAL OF
ACCESS TO MINISTERS OF HIS FAITH AND DENIAL OF ACCESS TO A DECEMBER FAST.
RFRA IS NOT CITED IN THE COMPLAINT. NO NEW INFORMATION.
4. WILLIAMS-BEY V. RENO, 95-734 (M.D.PA.)
RELYING ON RFRA, INMATE HAYWOOD WILLIAMS, 20232-083, BROUGHT' THIS BIVENS
TYPE ACTION CHALLENING A HOST OF RELIGIOUS ISSUES AT USP ALLENWOOD. THE
INMATE STATES HE BELONGS TO THE MOORISH SCIENCE TEMPLE OF AMERICA, AND
ALLEGES THE BUREAU HAS INTERFERED WITH AN INTRAFAITH DISPUTE, FORCING HIM
TO ACCEPT THE LEADERSHIP OF ONE GRAND SHIEK AND NOT ANOTHER. HE ALSO
ALLEGES THAT EACH FEDERAL INSTITUTION·HAS CAUCASIAN CHRISTIAN MINISTERS,
BUT DOES NOT EMPLOY ANY OF HIS RELIGION. HE ALSO COMPLAINS ABOUT ~EADGEAR,
FOOD, JEWELRY, AND USE OF RELIGIOUS SURNAME. HOPE MORO IS ASSIGNED.

~

DAVIDSON V. WARDEN, CIVIL NO. 95-732 -- IN THIS BIVENS ACTION, INMATE
EGES THAT STAFF AT USP LEWISBURG DENIED HIM ACCESS TO RELIGIOUS
... ERIALS AFTER HIS PLACEMENT IN SPECIAL HOUSING. INMATE DOES NOT CITE
RFRA AS THE BASIS FOR THIS CLAIM. ASSIGNED TO MIKE TAFELSKI.
TRAVEL AND LEAVE SCHEDULE FOR OCTOBER, 1995
DAVE ESSIG TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--OCTOBER 6, 10-18
HANK SADOWSKI TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED
JOYCE HORIKAWA TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--OCTOBER 20

RON HILL TRAVEL--OCTOBER 12-13 FOIA TRAINING, DOJ, WASHINGTON, DC
ANNUAL LEAVE--NONE SCHEDULED
TERESA CRUSE TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--NONE SCHEDULED

2949