(

u.s.

Depar~ent

of Justice

Federal Bureau of Prisons

Northeast Regional Office
u.s. Custom House
2nd , Chestnut Streets
Philadelphia, PA. 19106

February 10, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - January 2000

I. ADKl:NISTRATIVE LEGAL ACTIVITIES - stlMMARY REPORT

A. Administrative Remedi.es - 2000

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN FEB MAR APR MAY JON JOL AUG SEP OCT NOV DEC
151
175
167
158

o

B. Administrative Tort C1aims - 2000

JAN FEB MAR APR MAY JUN JOL AUG SEP OCT NOV DEC
Pending on 1st 295
Rec'd in month 42
4
Recons. rec'd
Ans'd in month 50
Pending at End 291
o
Over 180 days
C. Tort C1aim Investigation Status:

(

Pending
Over 60 days

As of January 31, 2000

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
2
6
7
0
8
9
1
1
4
5
3
2
2
1
10 4
0
0
0
0
0
2
0
0
0
0
0
0
0
0
7 1

3630

2

D. FOI/Privacy Act Requests - 2000

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
17
39
34
12
12

* Note: 9 of these late FOIA Requests were received in the
Central office during the month of December and not received in
NERO until late January 2000.
E. !'OIA Requests for records:

As of January 31, 2000

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH NER
Pending
>20 days

II.
(

......

1
0

0
0

2
1

0
0

0
0

1
0

0
0

0
0

2*
2*

2
0

0
0

1
0

0
0

0
0

1
0

2
0

0
0

LITIGATION ACTIVITY - 2000 NORTIlEAST REGION

A. SUMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
318
16
10

°
5

1

o
8

12

B. SET~S/A~S/ADVERSE OPINIONS:

('

1) Funches v. R. Reich, et.al., 97-CIV-7611 (SONY) (FTCA)
Plaintiff, former inmate Edward Funches, 37764-054, alleges that
he received improper medical care and treatment while housed at
MCC New York in 1996 because staff failed to properly treat his
decubitus ulcers (bedsores) and failed to provide him the
necessary medical supplies. Due to lack of evidence supporting
issuance of proper and necessary supplies, the case was settled
for $27,000.00.

3631

(

3

C. BEARXNGS/TRIALS: -

1) FMC Devens Mental Health Hearings: In January, FMC Devens
staff attorney Darrel Waugh assisted the u.s. Attorneys Office
for the District of Massachusetts with a commitment hearing. The
hearing, held pursuant to 18 U.S.C. 4245, was successful, with
the Court finding the inmate needed to be committed for
hospitalization. U.S. v. Muca, 99 CV 12653-EFH
De RELIGIOUS CASES: No New Activity
E. ENSIGN AMENDMENT CASES: - No new activity
F. PLRA 1915 DISNXSSALS:

- Two

III. CRIMINAL REFBRRALS/pROSECUTIONS/TRZALS:

REFERRALS:
(
'......

1) asp ALLENWOOD - 2 referrals (1 minor inmate on staff assault,
1 possession of a narcotics (1 packet of heroin» .
2) FeI Allenwood - 5 referrals (2 minor assaults on staff, 2
possession of narcotics (1 marijuana, 1 gram of heroin), 1 drug
paraphernalia.
3) LSCI Allenwood - 1 referral (Inmate on inmate assault)
4) FMC Devens - 2 referrals (Inmate on staff assaults - minor
injuries. One denied, other pending)
5) asp Lewisburg - 1 referral (Inmate on Inmate Assault)
6) FCI McKean - 4 referrals (2 minor inmate on staff assaults
(declined), 2 introduction of contraband (marijuana into visiting
room) ) .
7) Fcr Otisville - 1 referral (inmate on inmate fight (declined»
8) FOC Brooklyn - 2 referrals (5 inmates on 1 inmate assault,
introduction of marijuana in visiting room)

('

3632

c

4

TRIALS/SENTENCING:

1) On February 1, 2000, FC! Loretto inmate Harry L. Scott, Reg.
No. 32798-037, was found guilty of assaulting a correctional
officer at FC! Loretto in June 1999. Sentencing is not yet
scheduled.
TRAVEL AND LEAVE SCHEDULE FOR FEBRUARY 2000:
4

Travel - 2/22-2/25 - MARO/NERO Training
Annual Leave - None Scheduled
Travel - 2/7 - 2/11- Penitentiary/Medical Training
Annual Leave - None Scheduled
Travel - 2/22 - 2/25 - MARO/NER Training
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled

(
'I
t ••••

Travel - 2/7 - 2/11- Penitentiary/Medical Training
Annual Leave - None Scheduled

(
"

3633

U.S. DEPARTMENT OF JUmCE

(

Federal Bureau of Prisons

NORTHWTRI"ONAlOFFltl
US.tl.f1fM HDUlI
JIID'tHlJ1Hurmsm
PHllADfUIH/A,'Ao

' '06

March 16, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - February 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMlGllY REPORT

A. Administrative Remedies - 2000

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158
0

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
158
167
163
162

o

B. Administrative Tort Cla±ms - 2000

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291
Rec'd in month 42 64
Recons. rec'd
4
1
Ans'd in month 50 72
Pending at End 291 284
o
Over 180 days
0
C. Tort Claim Investigation Status:
Pending
Over 60 days

As of February 29, 2000

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
2
4
5
0
5
4
3
1
6
3
1
3
2
0
0
5
0
0
0
0
0
3
0
0
0
0
0
0
0
0
0
1

4466

(
2

D. FOI/Privacy Act Requests - 2000

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 17 12
Rec'd in month 39 53
Ans'd in month 34 54
Pending at End 12 11
12 11*
Over 20 days
* Note: 6 of these late FOIA Requests were not received in NERO
until after mid-February. Of the remaining five late FOIA
requests, three are archived records.
B. FOIA Requests for records:

As of February 29, 2000

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

Pending
>20 days

II.

1
0

0
0

0
0

0
0

0
0

1
1*

1
0

0
0

1
1*

2
1*

1
0

1
0

0
0

0
0

1
0

2
2

0
0

LITIGATION ACTIVJ:TY - 2000 NORTHEAST REGION

A. SUMNARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
318 329
16 18
10 11
0
3
3
5
1
1
0
0
8 10
12 17

B. SETTLEMENTS/ANaRDS/SIGNIFICANT OPr.HIONS:

1) Nyhuis v. Reno, 2000 WL 157531 (3d Cir) (Feb. 15, 2000)
The Court of Appeals held that the PLRA requires exhaustion of
administrative remedies in all prisoner cases. The Court
rejected the notion that such remedies need not be exhausted if
the precise relief could not be granted or if the inmate alleges
such remedies were futile.
C. BEARnfGS/TRIALS: -

4467

(

1)U.S. v. Bradley, 99 CV 1255 (D. Mass)
On March 1-2, 2000, FMC Devens staff attorney Darrel Waugh
assisted the U.S. Attorneys Office for the District of
Massachusetts with a commitment hearing. The hearing was held
pursuant to 18 U.S.C. 4246 (to determine present mental condition
of imprisoned person due for release) regarding FMC Devens inmate
Gregory Bradley #16129-018. Prior to the hearing, the inmate
decided that he "wanted to go home" (he previously stated he did
not want to leave the institution when his sentence expired).
After several hours of testimony (from FMC Devens Psychologist
Mark Brooks and Psychiatrist Gary Riggs), the Court, in an
abundance of caution, continued the case to allow the Federal
Defender and her expert (the psychologist who opined that the
inmate met the § 4246 criteria) to come out to the institution to
meet with t'he inmate again. A new date has not been scheduled.
2) Lee v. USA,98-CV-1276 (E.D.N.Y.)
FTCA case involving an inmate (James Lee, #44753-053) alleging he
slipped and fell on an improperly maintained sidewalk while
incarcerated at FPC Allenwood during May/June 1995. Trial
occurred on March 14 in Brooklyn, NY. Staff witnesses met with
the AUSA on March 6 and 7, 2000. FCC Allenwood Paralegal
Specialist Jeff Fromm and NERO Honors Attorney Seth Roman
attended the trial and assisted the AUSA. Judge dismissed case,
pursuant to Fed. R. Civ. Pro. 52(c), Judgement on partial
findings, after Plaintiff's attorney presented their case.
3) Jadick v. U.S., Civ. Action No. 99-196(D.N.J.}
On February 18, 2000, Court heard testimony and arguments
regarding, among other issues, the BOP's classification and
designation of the Petitioner, FCI Elkton inmate Vladimir Jadick,
#15904-050. Tom Washburn, Correctional programs Specialist, NER
and Michael Tafelski, Deputy Regional Counsel, attended the
hearing in Newark, NJ. Based in large part upon the testimony of
Mr. Washburn, the Court ruled that the Petitioner failed to
sustain his burden.
D. RBLXGXOOS CASES: No New Activity
E. ENSXGH AMENDMENT CASES: - Wolf, et ale v. Reno, Civil No. 978-

408 (WDPA) - This case was discussed in prior reports. Three
inmates at FCI McKean have requested injunctive type relief
challenging the application of the Ensign Amendment and the part
of the Zimmer Amendment which prohibits the showing of R, X, and
NC-17 films. In February, the District Court adopted the
Magistrate's Report and Recommendation granting class
certification in this action. The class consists of all current
and future FCI McKean inmates. Proposal for posting of the Class

4468

(

Notice has been submitted to the Court for approval.
F. PLRA 1915

DI~SSALS:

- None reported

1:1:%. CRDaNAL REFERRALS/PROSECU'l'IONS/TRIALS:

REFERRALS:
1) USP ALLENWOOD - 6 referrals (2 minor inmate on staff assaults,
1 minor inmate on inmate assault, 1 possession of a narcotics
(brown tar heroin), 1 attempted introduction of
contraband(marijuana through newspaper received in Education
Dept), and 1 use of phone)
2) LSCI Allenwood - 2 referrals (1 Inmate on inmate assault, 7
inmates for fraud/public corruption)
4) FMC Devens - 1 referral (Inmate on staff assault - minor
injury. Denied)

TRXALS/SENTENCr.NG:
1) On February 1, 2000, FCI Loretto inmate Harry L. Scott, Reg.
No. 32798-037, was found guilty of assaulting a correctional
officer at FCI Loretto in June 1999. Sentencing is not yet
scheduled.
2) On February 9, 2000, a federal jury convicted USP Allenwood
case worker Cayetano Alberto Lopez-Cepero of illegally possessing
an automatic assault rifle and a pipe bomb. Sentencing is
scheduled for May 2000.
3) On February 9, 2000, USP Allenwood inmate William Carl Miller,
Reg. No. 06087-067, was sentenced in federal court for setting
the 1998 fire in the UNICOR building. He received 51 months and
was ordered to make restitution in the amount of $538,361.
4) On February 9, 2000, FCI Fairton inmates Fred Widener, #27429037 and Carl Fortner, # 26616-083, pled guilty to possession of
marijuana and were sentenced to a six month consecutive sentence.
5) On February 16, 2000, FCI McKean inmate Todd Curtis, #03512036 was indicted on charges of possessing contraband (heroin and
alcohol).
6) On February 28, 2000, former FCI Loretto inmate Robert Taylor,
Reg. No. 09154-067 (currently designated to FeI Allenwood) pleaded
guilty to one count of possession of marijuana. In addition, his

4469

(

visitor pleaded guilty to one count of distribution of marijuana
7) On March 24, 2000, FCI Fairton inmate
lII, b7C is scheduled to go to trial for
cellmate with a sharpened instrument on December 29,
TRAVEL AND LEAVE SCHEDULE FOR MARCH 2000:

6 Travel - March 9 , 2000 - U.S. Attorney Office
Brooklyn, NY
Annual Leave - None Scheduled
6 Travel - None Scheduled
Annual Leave - None Scheduled

~6

Travel - Sentencing Hearing - March 31 , 2000
Garden City , New York
Annual Leave - None Scheduled

~6

Travel - March 6-8 - FCI Fort Dix
March 13 - Lee v. U. S ., Brooklyn, NY
Annual Leave - March 24 , 2000

1IIIIIIIIIIb6

Travel - None Scheduled
Annual Leave - None Scheduled

1IIIIIIIIIIb6

Travel - None Scheduled
Annual Leave - None Scheduled

*****

NOTE: NEW NERO TELEPHONE NUMBERS

MAIN NERO TELEPHONE NUMBER : 215 -5 2 1- 7300

b6

4470

*****

O.S. Department of Justice

Federal Bureau of Prisons

Northeast Regional Office
u.s. Custom House
2nd & Chestnut Streets
Philadelphia, PA. 19106

April 10, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - March 2000

I. ADMl:NISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2000

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158
0

FEB
158
167
163
162

o

B. Administrative Tort

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
162
223
199
186
0
Cla~s

- 2000

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284
Rec'd in month 42 64 93
Recons. rec'd
4
1
0
Ans'd in month 50 72 71
Pending at End 291 284 306
Over 180 days
o o 0
C. Tort Claim Investigation Status:
!
\

Pending
Over 60 days

As of March 31, 2000

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH
3
9
9
0
8
4
2
2
7
6
1
2
2
4
3
8
0
0
0
0
0
2
0
0 .0
0
d 0 0 0 0 0

3382

2
D. FOI/Privacy Act Requests - 2000

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
11
60
45
26
5*

* Note: These five FOIA requests are archived records.
E. FaIA Requests for records:

As of March 31,2000

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH NER
Pending
>20 days

II.

( ..
'"\

~

1
0

1
0

2
1*

1
0

1
0

1
0

2
0

1
1*

6
0

5
1*

0
0

0
0

2
1*

1
1*

2
0

0
0

0
0

LITIGATION ACTIVITY - 2000 NORTHEAST REGION

A. SOMMARY REPORT
'

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

B. NEW

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT· NOV DEC
318 329 330
16 18 28
10 11
9
3
4
0
5
3
8
1
6
1

°8 10°

12

17

1

8
9

CASES/SETTLEMENTS/~S/SIGNIFICANT

OPINIONS:

1)Robinson v. U.S., 98-5841 (DNJ) - FTCA case was filed by Lorie
Robinson, a civilian who alleged that, when she was visiting FCI
Fort Dix, New Jersey, she injured her foot due to the negligence
of the institution in maintaining the stairway. An arbitration
hearing was held at which time the arbitrator recommended an
award of $20,000.00. We agreed to settle for $20,000.00.
2) Morrison v. U.S., Civ. No. 99-240 (JAP) (DNJ) - FTCA case
settled for $1,050.00 for one box of lost property arising out of
FCI Fairton.

3383

C. HEARINGS/TRIALS: -

1)U.5. v. Bradley, 99 CV 1255 (OMass) - On March 1-2, 2000, FMC
Devens staff attorney Darrel Waugh assisted the u.s. Attorney's
Office with a commitment hearing. The hearing was held pursuant
to 18 U.S.C. § 4246 (to determine present mental condition of
imprisoned person due for release) regarding FMC Devens inmate
Gregory Bradley, 16129~018. FMC Devens staff testified at the
hearing. The Court. continued the case to allow the Federal
Defender and her expert to meet with the inmate again. On April
3, 2000, Chief Judge Young committed inmate Bradley after
finding: (1) that ,the inmate is presently suffering from a mental
disease; (2) his release would create a substantial risk of
bod.ily injury to another person or serious damage to property of
another; and (3) suitable arrangements for State custody are
unavailable. This third element was the main issue and FMC.
Devens staff did a great job' documenting that the statutory
obligations were met.

( .....
."

2) . u. S. v. Frierson, (99-10395) (1 st Cir.) - Inmate was
committed pursuant to 18 U.S.C. § 4245 in December 1999; he
appealed the District Court judge's determination to conduct the
hearing without allowing the inmate to be physi~ally present in
the courtroom. On April 4, 2000, not surprisingly, the Court of
Appeals vacated the District Court's 4245 commitment order for
inmate Frierson based upon the latter court's refusal to let the
inmate attend the hearing. The opinion has yet to be published.
3) U. S. v. Ossie Trader, Crim. No. 94-534-2, (EDPA) - On
March 20, 2000, the Court held a sentencing hearing. The
defendant moved for downward departure based in part upon alleged
rehabilitation and supported his request with program
certificates from FeI Schuylkill. The defendant was convicted of
armed bank robbery offenses and was facing more than 20 ·years.
FCI Schuylkill Drug Treatment Specialist Alice Gilbert testified
that the certificates presented by the inmate, which purportedly
had her signature on them, were false. The Court denied the
defendant's motion for downward departure and imposed a 240 month
sentence based largely upon the testimony of Ms. Gilbert which
revealed that the defendant's supporting documentation regarding
education courses was fraudulent. FCI Schuylkill Paralegal
Specialist Gene Dixon and Senior Litigation Counsel Toni Brown
attended the hearing.
D. RELIGIOOS CASES: No New Activity

E. ENSIGN

AMENDMEN~

CASES: -

3384

•

(

1) Wolf, et ale v. Reno, Civil No. 978-408 (WDPA) - This is the
class action challenging the application of the Ensign Amendment
and the part of the Zimmer Amendment which prohibits the showing
of R, X, and NC-17 films. The class consists of all current and
future FCI McKean inmates. No new activity.
F. PLRA 1915 DXSMISSALS:

- None reported

IIX. CRXJNINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1) USP ALLENWOOD - 5 referrals (2 minor inmate on staff assaults,
1 inmate on inmate assault with weapon, 1 possession of a
narcotics (brown tar heroin), 1 possession of contraband(nine
inch piece of sharpened metal in mattress)
2) Lscr Allenwood - 1 referral (1 Inmate on inmate assault)
3) FMC Devens - 1 referral (Inmate on staff assault - minor
injury_ Denied)

.(...

~

..

4) USP Lewisburg - 2 referrals (Inmate assault on staff - minor
injuries; inmate on inmate assaults involving total of seven
different inmates)
5} FCr McKean - 1 referral (Inmate on staff assault - minor
injury. Likely to be denied as inmate released.)
TRXALS/SENT.ENCING:
1) The People of New York v. Isa Gray - The case was tried in
Essex County (New York) Court between March 15, 2000, and March
21, 2000. Inmate Isa Gray, Reg. No. 13342-058, was found guilty
of Second Degree Manslaughter, Criminal Possession of a Weapon
and Promotion of Prison Contraband surrounding the murder of
inmate Vernon Miller at FCI Ray Brook on May 31, 1999. Inmate
Gray was tried in state court because of the lack of federal
jurisdiction over the property occupied by FCI Ray Brook.
Sentencing is expected to be held in May. He faces a consecutive
New York state sentence of 5 to 15 years.

I

~.

2) U. s. v. Teddy Moore, Cr. No. 4:CR-99-0248 (MDPA)
On March 16, 2000, USP Allenwood inmate Teddy Moore, 05917-032,
was sentenced to 40 months after pleading guilty to a single
count of sending threatening communications through the u.S.
Mail. The letter was intended for a federal judge while the
inmate was housed in the SHU at USP Allenwood . .
3} U. S. v. Duane Beatty, Cr. No. -- (DNJ)

3385

On March 9, 2000, FeI

•
(-

Fairton inmate Duane Beatty, 37628-054, pled guilty to the August
31, 1999 assault of a staff member (without serious injury).
Sentencing is scheduled for June 11, 2000.
4) u. S. v. Edwin Rivera, Cr. No.
(SONY)
On March 2, 2000, four MCC NY staff testified in the trial of
inmate Edwin Rivera, 40841-054. Inmate Rivera was tried for
slashing another inmate in the face.
5) u. s. v. Doris Johnson, Cr. No.
(SONY)
On March 22, 2000, former MCC New York correctional officer Doris
Johnson was sentenced to two years probation and special
assessment. She pled guilty in September 1999 to having sexual
contact with an inmate at MCC NY.
SAMS: The Special Administrative Measures imposed on six MCC NY
inmates were extended another 120 days.
TRAVEL AND LEAVE SCHEDULE FOR APRIL 2000:

Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - April 21, 25, 28
Travel - None Scheduled
Annual Leave - April 7, 2000
·Travel - April 5 - FCI Fort Dix
Annual Leave - April 24, 2000
Travel - None Scheduled
Annual Leave - April 6 -7, 2000
Travel - None Scheduled
Annual Leave - None Scheduled

3386