.'.

~

I

~z;:;:;:---

~
~~ GO~NMENT
.. .
memorandum
STATES

DATE,

EPLYTO
ATTN OF:

SUILIECTI

TO:

~f.3
David R. Essig, Region
Room 801, US custom

.

......,;., ........... _-----.,.

ounsel, Northeast Reg~on
2nd & Chestnut, Phila., Pa. 19106

Quarterly Report - October 1, 1992 through December 31, 1992
Wallace H. Cheney, Assistant Director and General Counsel
Federal Bureau of Prisons, Washington, D.C. 20534

Attached are the statistics requested for the quarterly report
for the first quarter of FY 1993. I also recently compared
the four areas (Ad Remedies, Torts, FOIA, and Litigation)
during calendar years 1991 and 1992. The average filings per
month during these two years are as follows:

Ad Remedies
Torts
FOIA
Lit.

1991

1992

56.83
48.58
20.33
13.66

89.16
59.75
37.08
19.42

Increase
Increase
Increase
Increase

of
of
of
of

. ..-,..... ',..
~

57%
23%
82%
42%

The following is a synopsis of the significant cases in
litigation during the quarter:
HEARINGS OR TRIALS
1.

Yarden v. Cooksey, Civil No. 92-4321 (DNJ).

Inmate Daniel Yarden, 16843-038, at FCI Fairton was scheduled
for transfer to FeI Oakdale for INS depprtation hearing.
Attorney filed petition for habeas corpus with motion for
restraining order to block transfer. The gravamen of the
petition was the assertion of the right to have a deportation
hearing locally, at a place near Boston, Massachusetts, not at
a distant location, i.e., Louisiana. Judge Irenas held
emergency hearing on October 9, 1992 and denied petition and
motion from the bench, but ordered the inmate kept at FeI
Fairton for several days to permit an emergency appeal.
Petitioner decided against appeal and the petition was
formally denied on October 14, 1992. Petitioner transferred
from FeI Fairton later that day.

OPTIONAL FORM NO. ID
(Rav.l-1O)
elM PPM .. (4' CPR) 101.',..

;i;~'~~:-'~':'~~~.~~~:.,;.:,:;;~.:.;,"~;:;:< .::-~~~~·~··.:'.>~:~~i~1::.~:l.~. . >::~·"j~:~.• ;•.~-< :~::~.~ -.~:~.§.j~iJtiir.is~
...

-22.

Rego v. united states, civil No. 92-6547 (EDPA).

Inmate Robert Rego, 36014-066, was removed from FPC Maxwell
Air Force Base to testify on behalf of the united states in a
major criminal trial involving organized crime in
Philadelphia. One week after arrival, inmate filed a petition
for habeas corpus requesting immediate release through a CCC
or home confinement.
Inmate has presumptive parole date for
April 25, 1993. Court held hearing on petition on December 7,
1992.
The u.s. Attorney's Office had supported Inmate's
request for extended community placement even prior to filing
of petition, but AUSA deferred to discretion of the Bureau of
Prisons.
Hank Sadowski represented BOP at hearing. On
December 14, 1992, Court dismissed petition for lack of
jurisdiction over custodian (Warden at Maxwell), failure to
exhaust administrative remedies, and on merits (no showing
that inmate had right to relief requested).
SETTLEMENTS OR AWARDS
1.

Margiotta v. u.s. Bureau of Prisons, 91-228E (WDPA)

Inmate Joseph Margiotta, 09067-016, brought this FTCA case for
property lost on his transfer from FCI McKean to FCI Oxford in
October 1990. Inmate sought damages of $545.95. original
posture in responding to complaint was that inmate received
all property at FCI Oxford. Additional evidence surfaced that
one box of property was sent by FCI McKean but not received at
FCI Oxford. Although fault may have been at least partially
attributed to Post Office, we determined that it was best to
settle case for $150.

~ Christian v.

United States, Civil No. 91-6405 (EDPA)

Former Inmate James Christian, 40123-066, filed this medical
malpractice FTCA case alleging negligent care in initial
7valuat~on and follow uW~rrA~~~~~?~~=:~,~.7-::.i~;jHE:¥i~~~~ffere~ by
:;"i~'fl.~~~·~¥17~~~1?~,~~c~tbi;l.1'l'j~;-g~e.
Inmate "had two outs~de 'Operat~ons
""to repa~r knee, but ne1ther held. Inmate was released on
March 29, 1991. Our medical expert de~rmined that knee was
permanently damaged and that lack of a structured physical
therapy program after the first operation exposed the united
states to liability. In addition our defense of this case was
hampered by anticipated testimony from former FCl Loretto
doctor, who was somewhat hOSitileto FClLoretto
administ;:a_t~on.

~J@~@'~~eaw;f.'or-;tV$:75·~{OO'O>';,Witli;\:~"J~~t .. of:£.'~·iOf/.:.~

~~tA~~o'·~·~n-'~~A;"··~:·:lMi: ';~~Q'~"'"

W.~~'j~Wlc!.y:(I~~ "L""i~1l'G.F1~'-Ll'1ml:'~..a:lt;/.;~;~!~~ .•

-3-

3.

smith v. united States, civil No. 91-6405 (EDPA)

state inmate Marvin Smith, 39205-066, brought FTCA case for
property lost during his stay at FCI otisville.
Inmate was a
state border serving a Massachusetts sentence at several
federal institutions before his return to state custody in
February 1989. Evidence showed that Smith had property in
November 1988 and that box was mailed to next institution.
There is no record that box was received.
Inmate requested
damages of $232. Case settled for $100.
4.

Richard Young v. Keohane, civil No. 88-1995 (MOPA).

Inmate Richard Young, 03478-067, filed this combination FTCA
and Bivens Case in 1988 challenging the conditions of his
confinement as a pretrial detainee held at USP Lewisburg from
June 1988 through October 1988. Inmate completed his federal
sentence in August 1990 and is now in Pennsylvania state
custody. In November 1992 Judge Conaboy issued a ruling on
long standing motion for summary judgment on Bivens aspect of
case. The Court dismissed some defendant, but found genuine
issues of fact to deny dismissal for qualified immunity for
numerous USP Lewisburg defendants. After a pretrial
conference with the court, inmate agreed to settle entire case
under FTCA count for $500.
PENDING PROBLEMATIC LITIGATION

1.

santos v. united states. et al., 89-CIV-1184 (SONY)

This combination FTCA and Bivens case brought by former inmate
Ana Santos, Register No. 25977-053 was discussed in last
quarter's report. Bivens case names Doug Lansing, Former
Warden, MCC NY and two former staff members at MCC: a
correctional officer (who was denied representation by u.S.
Attorney) and a physician's assistant (who has not yet been
served or requested u.S. representation).
Santos alleged that
correctional officer raped her in July 1987 and that she
requested an abortion from the PA in September 1987. PA
ordered a pregnancy test and allegedly·told Santos not to say
anything because she could get in trouble.
Santos was
transferred to FCI Alderson on September 30, 1987, released
from-custody on March 31, 1988, and had a son on May 3, 1988.
The officer admitted having sex with the inmate, but denied it
was a rape.
On June 16, 1992, Judge Owen denied our motion to dismiss Doug
Lansing from the Bivens action. The court held the complaint
alleged a cause of action against Lansing for his failure to
train staff at MCC NY, failure to adequately supervise staff,
and promoting an atmosphere where the violation of inmates'
abortion rights could occur. The Court also held that the
constitutional right to an inmates' abortion was clearly

-4-

established in September 1987. The U.S. Attorney's office
requested a rehearing with the District Court.
Court denied
motion to reconsider. An interlocutory appeal was authorize
and filed.
Briefs were filed and a settlement conference was
held with the AUSA and Plaintiff's attorney. A settlement
proposal was agreed between counsel, subject to approval by
the Bureau. The proposal has been referred for consideration
by General Counsel.
Worthington v. Bureau of Prisons, civil No. 89-7048 (SONY)

2.

FTCA case for medical malpractice brought by former inmate
Robert Worthington, Register No. 12930-054, alleging improper
treatment at FC! otisville. Worthington was received at FCI
otisville on January 8, 1987 with advanced glaucoma in his
left eye. He eventually lost the vision in his eye sometime
between July 1987 (according to Worthington) and December 1987
(according to BOP medical records).
He entered FCI otisville
with 20/30 vision in this eye, but the medical records do not
show the field of vision. There are disputes concerning
whether the required medical eye drops were provided to
Worthington and whether Worthington missed scheduled
appointments. Our medical expert does not think that the
blindness in the eye was caused by his medical treatment in
the BOP. However, even treating the version of the facts in
the best light to the BOP, our expert opines that Worthington
had less than optimal follow up by an ophthalmologist during
his incarceration. Our main defenses at trial are expected to
be lack of causation: that the blindness was to occur in any
event and was not the result of BOP negligence, and
contributory negligence: inmate did not follow prescribed
treatment prior to incarceration and during incarceration.
The court has requested settlement be explored. Two settlement
conferences have been held with a third scheduled in February
19,93,
_

:-rvt'l.:

-

,"

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",
"!~"~~
&n,~
.... 'tga,."'~':w;.~~ll;~,~~~~~W~q'.li.};suppe~~!a'··
llli1
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. __ _
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e . · ,:Iemen:i'~·gl.Ven. ·..·
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·e·:"permaneilt~,dLn9·uq~,(;:cj!ill~1:h·~,~·li.aq*'k-

LITIGATION TRACKING: TORT INFORMATION MANAGEMENT SYSTEM: AND
'"

FOl: MANAGEMENT SYSTEM:

~m~'fftaret';rf..o~~:~the·:~·~lit±Natlon:,trackintJ::hsy!!tem·~··has·<been
~,:.,:; . ;
i

~~,~!i,\~aii~xi~:~~~~~e~~~,~?i;~~:it;;~~~~$t§~~heai~Re~~ilttj'" .Aii cEi:s!~s
""

fl.led durl.ng thl.'s' quarter (Oct-Dec) have been loaded and are
in the system. We will load the other pending cases as time
permits.

.

-5-

The FO! Management System was reviewed and comments were
submitted to the FOIA section. We are awaiting receipt of the

~~d~~~~ SO!~::~:>\~.~~i~~~·1r~~,?,o.tl'~~dci~·t'O~~~~tf:g~~j?~rb~~~~~~j7

~ii!_t"~(f~t~!:I~ii~1i~¢;;it;':WiJj1;:';~i~~¥f~iFllffiiLeitPe11:~~~~'_".....••"
!t~~l!~{:ttt)~-lbP-e.rastibh ·"of·····Fbt:N-~ a'nd ''Pri vacy' Act'<i~ri': theLa~,fi:eaijJ~
We have begun to forward pending FOIA/PA requests to the
Paralegal Training Academy in Aurora for review and
processi
'-:l~L'

~=£=I~II~~~~~~~~~.•~·. ~·. ,.·/,o.f.~~fi~~~.~'~;~i~nll

Enclosures:
cc: G.C. Wilkinson, Regional Director (w/enclosures)
L. Conner, Deputy Regional Director (w/enclosures)
file

'

....

'

NORTHEAST RBGIOJIAL OFFICE
POI IPA REQUESTS OUARTERLY REPORTS

FROM

LOC

NOlI

PROC

52

62

10/01/1992

PEND

TO

OD

12/31/1992

A/OD

A/P

CA

MXR

HER

96

88

SEa

NCR
SCR

WXR
CO

TORT

BARRATXVI MALYSIS
DIPIBrI'IQRS;
LOC

-

NOlI

- HUllBBR PILED IR QUAR'l'BR

PROC -

LOCATl:OR
PBQCBSSBD

PBBD - PBllDIBG

OD

- OVBRDDB

AlP
CA

- AVERAGE LBIIG'lB 01' TDIB TO PROCESS .:.
- C:rYXL ACTIONS PZLBD OIIDa FOZ/pA ACTS

A/OD - AVERAGE HUllBBR OF DAYS OVBRDUB

-

-

1

NORTHEAST REGIONAL OFFICE
ADMINISTRATIVE REMEDIES OUARTERLY REPORT

FROM

LOC

NUN

DHO

SPH

246

73

7

10/01/1992

MED

MH

TO

LEG

12/31/1992

FD

GRT

DEN

PEN

21

173

40

00

MXR
HER

19

-o-

S

3

SER

NCR

SCR
WXR
TOT

IfAR8ATtvI

AlfAI,YSIS

DEFINITIONS
LOC - LOCATION

HOM - NUMBER OF TOTAL AD REMEDIES FILED
DBa - NUMBER OF DBa REMEDIES FILED
SPH - NUMBER OF SPECIAL HOUSING UNIT REMEDIES FILED

- NUMBER OF MEDICAL REMEDIES FILED
- NUMBER OF MENTAL HEALTH REMEDIES FILED
- NUMBER OF LEGAL REMEDIES FILED
- NUMBER OF FooD REMEDIES FILED
GRT - TOTAL OF NUMBER or REMEDIES GRANTED
DEB - TOTAL NUMBER OF REMEDIES DENIEP
PEB - TOTAL NUMBER OF REMEDIES PENDING
on - TOTAL NUMBER OF REMEDIES OVERDUE
MED
MB
LEG
PO

"-"-

-0-

NORTHEAST BEGIOIfAL OFFICE
LITIGATION OUARTERLY REPORT

FROM lQ/Q1/92 TO 12/31/92

LOC

HOM

HC

FTC

68

28

9

BIV

OTH

AHS

PER

CLD

B/'l'

20

11

58

215

175

2

SET

A1ID

4

0

MXR

HER

SEa
NCR

SCR
WXR
CO

TOT

NARRATIVE ANALYSIS
DBFINI'l'IONS;
LOC -

LOCA'l'IOli

NUll - MUllBBR OP TOTAL LAWSUITS PILED 1M QUARTER
He - RUMBBR OF HABEAS CORPUS AC'l.'IOIfS PILED
P'l'C - RUMBBR OP P'1'CA ACTlOtfS PILED
DIY - MUllBBR OP DIVERS AC'l'IORS PILED
OTB - OTHER ACTIOIIS PILED
ARB - RUMBBR OP LI'l'IGA'l'IOK REPORTS COHPLETBD
PBR -

PJDIDDfG

::

CLD - MUllBBR OP ACTIOIfS CLOSED

HIT -

IfOIIBBR OF BBARIRGS OR TJUALS (IIiCLUDB IJIPO DI IfARRAT:tVB)
8ft - RUMBBR OP SBTi'LBIIBIfl'S (DICLUDB IJIPO IB IfARRATZVB)
AIID - RUMBa OF AIWU)S (DfCLUDB IlIPO III JIARRMIZVB)
GOVBRIOIBII'1' AC'l'IOR AlII) DATE OP ACTIOR - (IRCLODB IB HARRAT:IVB)

Tort Claims First Quarter - FY93 (October 01, 1992 - December 31, 1992)

~

Num
175

PP
141

PI
23

PPPI
3

Med

WD
0

6

set
29

Amnt
2450

Variable Definition
Num
PP
PI
PPPI
WD
Med
set

Amnt Pen Den 00
A/O A/P • Med =

Number of claims filed •••••••••
Personal Property claims •••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
Settled/approved claims ••••••••
Amount paid ••••••••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avq number of days Overdue •••••
Avg number of days to Process
PIM+ WDM+ PPPIM+ PPWDM

Pen

Den

188

101

OD
0

A/O

A/P

0

84

Time Period
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Closed <= 12/31/92
D_Closed <= 12/31/92
Entire Database
••
10/01/92 =< D_Closed <= 12/31/92
Entire Database
10/01/92 =< D_Closed <= 12/31/92
10/01/92 =< D_Closed <= 12/31/92
• we = WD+ PPWD
=<
=<
=<
=<
=<
=<
=<
10/01/92 =<

10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92

• Press any key to continue

Tort Claims statistics - CY92 (January 01, 1992 - December 31, 1992)
Num
660

pp

PI

528

109

PPPI
7

WD

Med

o

12

set
84

Amnt

Pen

Den

10050

165

192

Amnt Pen Den 00
A/O A/P ~ Med =

Number of claims filed •••••••••
Personal Property claims •••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
Settled/approved claims ••••••••
Amount paid ••••••••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avg number of days Overdue •••••
Avg number of days to Process
PIM+ WDM+ PPPIM+ PPWDM

o

A/a

A/P

o

73

Time Period

Variable Definition
Num
PP
PI
PPPI
WD
Med
set

aD

01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92

=<
=<
=<
=<
=<
=<
=<
=<

D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Closed <= 12/31/92
D_Closed <= 12/31/92

Entire Database
01/01/92 =< D_Closed <= 12/31/92
Entire Database

...
01/01/92

=< D_Closed <= 12/31/92
01/01/92 =< D_Closed <= 12/31/92
~ we = WD+ PPWD

.. Press any key to continue

'"' ..

Tort Claims Statistics - FY92 (October 01, 1991 - September 30, 1992)
Num
488

PP
390

PI
86

PPPI
4

WD

Med

a

6

set

Amnt

5779

53

Variable Definition
Num
PP
PI
PPPI

we Med Set Amnt Pen Den 00
A/O A/P • Med =

Number of claims filed •••••••••
Personal Property claims .••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
settled/approved claims .•••••••
Amount paid ••••• "•••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue ••.••.•
Avg number of days Overdue •••••
Avg number of days to Process
PIM+ WDM+ PPPIM+ PPWDM

Pen

Den

165

91

00

o

A/O

A/P

o

64

Time Period
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
••
10/01/91
••
10/01/91
10/01/91

• Press any key to continue

'

...

~

=< D_Accept <=
D_Accept <=
D-Accept <=
=< D_Accept <=
=< D_Accept <=
=< D_Accept <=
=< D_Closed <=
=< D_Closed <=

=<
=<

Entire Database

09/30/92
09/30/92
09/30/92
09/30/92
09/30/92
09/30/92
09/30/92
09/30/92

=< D_Closed <= 09/30/92

Entire Database

=< D_Closed <= 09/30/92
=< D_Closed <= 09/30/92
• WD = WD+ PPWD

Tort Claims statistics - FY93 (October 01, 1992 - september 30, 1993)

f.;

Hum
190

pp

155

PI
24

PPPI
3

we

Med
0

6

Set

Amnt

36

4452

Variable Definition
Num
PP
PI

PPPI we Med set Amnt Pen Den 00
A/O A/P • Med =

Number of claims filed •••••••••
Personal Property claims •••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
settled/approved claims ••••••••
Amount paid ••••••••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avq number of days Overdue •••••
Avq number of days to Process
PIM+ WDM+ PPPIH+ PPWDM

Pen

Den

165

126

00
0

A/O

A/P

0

89

Time Period
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Closed <= 09/30/93
D_Closed <= 09/30/93
Entire Database
10/01/92 =< D_Closedo <= 09/30/93
Entire Database
10/01/92 =< D_Closed <= 09/30/93
10/01/92 =< D_Closed <= 09/30/93
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92

=<
=<
=<
=<
=<
=<
=<
=<

• we = WD+ PPWD

• Press any key to continue

....

~

..
f·

UNITED STATES GOVERNMENT

"-

DATE:

REPLY TO
ATTN 0,.,

SUBJECT,

. TO,

~~3 ~,I.Aot.-"-'<...

memorandum

.....
' '<

Dav1d R. Essig, Region
Room 801, US custom

ounsel, Northeast Region
2nd & Chestnut, Phila., Pa. 19106

ouarterly Report - October 1, 1992 through December 31, 1992
Wallace H. Cheney, Assistant Director and General Counsel
Federal Bureau of Prisons, Washington, D.C. 20534

Attached are the statistics requested for the quarterly report
for the first quarter of FY 1993. I also recently compared
the four areas (Ad Remedies, Torts, FOIA, and Litigation)
during calendar years 1991 and 1992. The average filings per
month during these two years are as follows:

Ad Remedies
Torts
FOIA
Lit.

1991

1992

56.83
48.58
20.33
13.66

89.16
59.75
37.08
19.42

Increase
Increase
Increase
Increase

of
of
of
of

57%
23%
82%
42%

,
The.following is a synopsis of the significant cases in
litigation during the quarter:
BEARINGS OR TRIALS
1.

Yarden v. Cooksey, Civil No. 92-4321 (DNJ).

Inmate Daniel Yarden, 16843-038, at FCI Fairton was scheduled
for transfer to FCI Oakdale for INS deportation hearing.
Attorney filed petition for habeas corpus with motion for
restraining order to block transfer. The gravamen of the
petition was the assertion of the right to have a deportation
hearing locally, at a place near Boston, Massachusetts, not at
a distant location, i.e., Louisiana. Judge Irenas held
emergency hearing on October 9, 1992 and denied petition· and
motion from the bench, but ordered the inmate kept at FCI
Fairton for several days to permit an emergency appeal.
Petitioner decided against appeal and the petition was
formally denied on October 14, 1992. Petitioner transferred
from FeI Fairton later that day.

OPTIONAL .-oRM NO. 10
(REV. '-80)
GSA FPMR (41 CFR) 101-11.'
101 D-II 4

2.

Rego v. united states, tivil No. 92-6547 (EDPA).

Inmate Robert Rego, 36014-066, was removed from FPC Maxwell
Air Force Base to testify on behalf of the united states in a
major criminal trial involving organized crime in
Philadelphia. One week after arrival, inmate filed a petition
for habeas corpus requesting immediate release through a CCC
or home confinement. Inmate has presumptive parole date for
April 25, 1993. Court held. hearing on petition on December 7,
1992. The U.S. Attorney's Office had supported Inmate's
request for extended community placement even prior to filing
of petition, but AUSA deferred to discretion of the Bureau of
Prisons. Hank Sadowski represented BOP at hearing. On
December 14, 1992, Court dismissed petition for lack of
jurisdiction over custodian (Warden at Maxwell), failure to
exhaust administrative remedies, and on merits (no showing
that inmate had right to relief requested).
SETTLEMENTS OR AWARDS
I

1.

M~rgiotta

v. U.S. Bureau of Prisons, 91-228E (WDPA)

Inmate Joseph Margiotta, 09067-016, brought this FTCA case for
property lost on his transfer from FCI McKean to FCI Oxford in
October 1990. Inmate sought damages of $545.95. original
posture in responding to complaint was that inmate received
all property at FCI Oxford. Additional evidence surfaced that
one box of property was sent by FCI McKean but not received at
FCI Oxford. Although fault may have been at least partially
attributed to Post Office, we determined that it was best to
settle case for $150.
2.

Christian v. United States, Civil No. 91-6405 (EDPA)

Former Inmate James Christian, 40123-066, filed this medical
malpractice FTCA case alleging negligent care in initial
evaluation and follow up treatment of knee injury suffered by
inmate in basketball game. Inmate had two outside operations
to repair knee, but neither held. Inmate was released on
March 29, 1991. Our medical expert determined that knee was
permanently damaged and that lack of a structured physical
therapy program after the first operation exposed the united
states to liability. In addition our defense of this case was
hampered by anticipated testimony from former FCI Loretto
doctor, who was somewhat hostile to FCI Loretto
administration. Case settled for $75,000 with a set off of
$25,000 for a criminal fine.

·

.

3.

smith v. United states, Civil No. 91-6405 (EDPA)

state inmate Marvin smith, 39205-066, brought FTCA case for
property lost during his stay at FeI otisville. Inmate was a
state border serving a Massachusetts sentence at several
federal institutions before his return to state custody in
February 1989. Evidence showed that Smith had property in
November 1988 and that box was mailed to next institution.
There is no record that box was received. Inmate requested
damages of $232. Case settled for $100.
4.

Richard Young v. Keohane, Civil No. 88-1995 (MDPA).

Inmate Richard Young, 03478-067, filed this combination FTCA
and Bivens Case in 1988 challenging the conditions of his
confinement as a pretrial detainee held at USP Lewisburg from
June 1988 through October 1988. Inmate completed his federal
sentence in August 1990 and is now in Pennsylvania state
custody. In November 1992 Judge Conaboy issued a ruling on
long standing motion for summary judgment on Bivens aspect of
case. The Court dismissed some defendant, but found genuine
issu~slof fact to deny dismissal for qualified immunity for
numerous USP Lewisburg defendants. After a pretrial
conference with the court, inmate agreed to settle entire case
under FTCA count for $500.
PENDING PROBLEMATIC LITIGATION
1.

santos v. United states. et al., 89-CIV-1184 (SONY)

This combination FTCA and Bivens case brought by former inmate
Ana Santos, Register No. 25977-053 was discussed in last
quarter's report. Bivens case names Doug Lansing, Former
Warden, MCC NY and two former staff members at MCC: a
correctional officer (who was denied representation by U.S.
Attorney) and a physician's assistant (who has not yet been
served or requested U.S. representation). Santos alleged that
correctional officer raped her in July 1987 and that she
requested an abortion from the PA in September 1987. PA
ordered a pregnancy test and allegedly told Santos not to say
anything because she could get in trouble. Santos was
transferred to FCI Alderson on September 30, 1987, released
from custody on March 31, 1988, and had a son on May 3, 1988.
The officer admitted having sex with the inmate, but denied it
was a rape.
On June 16, 1992, Judge Owen denied our motion to dismiss Doug
Lansing from the Bivens action. The court held the complaint
alleged a cause of action against Lansing for his failure to
train staff at MCC NY, failure to adequately supervise staff,
and promoting an atmosphere where the violation of inmates'
abortion rights could occur. The Court also held that the
constitutional right to an inmates' abortion was clearly

established in September 1987. The U.S. Attorney's office
requested a rehearing with the District Court.
Court denied
motion to reconsider. An interlocutory appeal was authorize
and filed.
Briefs were filed and a settlement conference was
held with the AUSA and Plaintiff's attorney. A settlement
proposal was agreed between counsel, subject to approval by
the Bureau. The proposal has been referred for consideration
by General Counsel.
2.

Worthington v. Bureau of Prisons, civil No.

89-~048

(SONY)

FTCA case for medical malpractice brought by former inmate
Robert Worthington, Register No. 12930-054, alleging improper
treatment at FCI otisville. Worthington was received at FCI
otisville on January 8, 1987 with advance~ glaucoma in his .
left eye. He eventually lost the vision in his eye sometime
between July 1987 (according to Worthington) and December 1987
(according to BOP medical records).
He entered FCI otisville
with 20/30 vision in this eye, but the medical records do not
show the field of vision. There are disputes concerning
whet~er the required medical eye drops were provided to
Worthington and whether Worthington missed scheduled
appointments. Our medical expert does not think that the
blindness in the eye was caused by his medical treatment in
the BOP. However, even treating the version of the facts in
the best light to the BOP, our expert opines that Worth
had less than optimal follow
an OPJntllaJLmc>~clg
his

court has requested settlement be explored. Two settlement
conferences have been held with a third scheduled in February
1993. This is probably a case which we will support a
reasonable settlement, given the permanent injury and the lack
of optimal care.
LITIGATION TRAC~ING: TORT INFORMATION MANAGEKENT SYSTEM: AND
101 MANAGEMENT SYSTEK:

The software for the litigation tracking system has been
successfully implemented in the Northeast Region. All cases
filed during this quarter (Oct-Dec) have been loaded and are
in the system. We will load the other pending cases as time
permits.
The Tort Information Management System (TINS) has been
successfully implemented and has been operational for one
year. All yearly tort statistics enclosed were gleaned from
the system. OUr sincere appreciation to you and your staff on
all the help and changes made to the system at our request.

The FOI Management System was reviewed and comments were
submitted to the FOIA section. We are awaiting receipt of the
updated software in order to implement this system in the
region. We have received the Freedom of Information and
Privacy Act Handbook and believe it will serve as an excellent
guide to operation of FOIA and privacy Act in the Bureau.
We have begun to forward pending FOIA/PA requests to the
Paralegal Training Academy in Aurora for review and
processing. We anticipate that this will be helpful to
attempting to continue processing these requests until the
paralegal position in the regional office can be recruited and
filled.

Enclosures:
cc: G.C. Wilkinson, Regional Director (w/enclosures)
L. Conner, Deputy Regional Director (w/enclosures)
file

NORTHEAST REGIONAL OFFICE
ADMINISTRATIVE REMEDIES QUARTERLY REPORT
FROM

LOC

10/01/1992

NUM

DHO

SPH

MED

246

73

7

19

MH

10

LEG

12/31/1992

FD

GRT

DEN

PEN

OD

21

173

40

-0-

MXR
NER

-O-

S

3

SER
NCR
SCR
WXR

;

:

TOT

JlARRATIYI ANALYSIS
DEFINITIONS
LOC - LOCATION
HUM - NUMBER OF TOTAL AD REMEDIES FILEP
DHO - NUMBER OF DBO REMEPIES FILED
SPH - NUMBER OF SPECIAL HOUSING UNIT REMEPIES FILED
MED - NUMBER OF MEDICAL REMEDIES FILED
MH - NUMBER OF MENTAL HEALTH REMEDIES FILED
LEG - NUMBER OF LEGAL REMEDIES FILEP
FP - NUMBER OF FOOD REMEDIES FILED
GRT - TOTAL OF NUMBER OF REMEDIES GRANTEP
DEN - TOTAL NUMBEB OF REMEDIES PENIED
PEN - TOTAL NUMBER OF REMEDIES PENDING
Op - TOTAL NUMBER OF REMEPIES OVERDUE

NORTHEAST REGIONAL OFFICE
LITIGATION QUARTERLY REPORT
FROM 10/01/92 TO 12/31/92

LOC

HUM

HC

FTC

68

28

9

BIV

OTH

ANS

PEN

CLD

HIT

20

11

58

215

175

2

SET

AWD

4

0

MXR
HER
SER

NCR
SCR

WXR
CO

TOT

NARRATIVE ANALYSIS
PEFINJTIOIfS;
LOC
NOM
He
P'l'C
BIV
OTH
AlfS
PElf
CLD

-

LOCATIOH
NUMBER OF TOTAL LAWSUITS FILED 1M QUARTER
NUMBER OF HABEAS CORPUS ACTIONS FILED
HUMBER OF PTCA ACTIONS FILED
HUMBER OF BIVENS ACTIONS FILED
OTHER ACTIONS FILED
IfUMBER OF LITIGATION REPORTS COMPLETED
PENDING
HUMBER OF ACTIONS CLOSED
H/'l' - NUMBER OF HEARINGS OR TRIALS (INCLUDE IIfFO IN NARRATIVE)
SET - NUMBER OF SET'l'LEMEIfTS (INCLUDE INFO 1M NARRATIVE)
AWD - NUMBER OF AWARDS (INCLUDE INFO Df NARRATIVE)
GOVERJOIENT ACTION AND DATE OF ACTION - (INCLUDE IN NARRATIVE)

•

Tort claims First Quarter - FY93 (October 01, 1992 - December 31, 1992)
Loc
NER

Num
175

PP
141

PI
23

PPPI
3

Med

WD
0

6

set
29

Amnt

Pen

Den

2450 . 188

101

Variable Definition
Hum
PP
PI
PPPI
WD
Med
set
Amnt
Pen
Den
OD
A/O
A/P
• Med

-

Number of claims filed •••••••••
Personal Property claims •••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
Settled/approved claims ••••••••
Amount paid ••••••••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avg number of days Overdue •••••
Avg,number of days to Process ••
= PIM+ WDM+ PPPIM+ PPWDM

00
0

A/a

A/P

0

84

Time Period
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Accept <= 12/31/92
D_Closed <= 12/31/92
D_Closed <= 12/31/92
•• Entire Database
10/01/92 =< D_Closed <= 12/31/92
•• Entire Database
10/01/92 =< D_Closed <= 12/31/92
10/01/92 =< D_Closed <= 12/31/92
• WD - WD+ PPWD
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92

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Tort Claims statistics - CY92 (January 01, 1992 - December 31, 1992)

B

~

Num
660

pp

PI

528

109

PPPI

WD

Med
0

7

12

set
84

Amnt

Pen

Den

10050

165

192

Variable Definition
Num
PP
PI
PPPI
WD
Med
set
Amnt
Pen
Den
OD
A/O
A/P
~ Med

=

Number of claims filed •••••••••
Personal Property claims •••••.•
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims •••••••••••••••••
settled/approved claims ••••••••
Amount paid ••••••••••••••••••••
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avg number of days Overdue •••••
Avg number of days to Process ••
PIM+ WDM+ PPPIH+ PPWDM
~

00

0

A/O

A/P

0

73

Time Period
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92
01/01/92

=< D_Accept <= 12/31/92
=< D_Accept <= 12/31/92
=< D_Accept <= 12/31/92
=< D_Accept <= 12/31/92
=< D_Accept <= 12/31/92
=< D_Accept <= 12/31/92
=< D_Closed <= 12/31/92
=< D_Closed <=.12/31/92
.~
Entire Database
01/01/92 =< D_Closed <= 12/31/92
~~
Entire Database
01/01/92 =< D_Closed <= 12/31/92
01/01/92 =< D_Closed <= 12/31/92
.. we = WO+ PPWD

Press any key to continue

Tort Claims statistics - FY92 (October 01, 1991 - September 30, 1992)
Loc

" NER

Num
488

PP
390

PI
86

PPPI
4

WD

Med
0

6

set
53

Amnt
5779

variable Definition

Pen

Den

165

91

00
0

A/O

AlP

0

64

Time Period

D_Accept <= 09/30/92
D_Accept <= 09/30/92
p_Accept <= 09/30/92
D_Accept <= 09/30/92
D_Accept <= 09/30/92
D_Accept <= 09/30/92
D_Closed <= 09/30/92
D_Closed <= 09/30/92
~~
Entire Database
Pen - Pending/open claims ••••••••••••
Den - Number of claims Denied •••••••• 10/01/91 =< D_Closed <= 09/30/92
~~
Entire Database
- Number of claims OverDue •••••••
00
A/O - Avg number of days Overdue ••••• 10/01/91 =< D_Closed <= 09/30/92
A/P - Avg ,number of days to Process •• 10/01/91 =< D_Closed <= 09/30/92
~ WD = WD+ PPWD
~ Med = PIM+ WDM+ PPPIM+ PPWDM
PI
PPPI WD
Med set Num

Number of claims filed ••••••••.
Personal Property claims •••••••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims •••••••••.
Medical claims •••••••••••••••••
Settled/approved claims ••••••••

10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
10/01/91
Amnt - Amount paid ...•.......•........ 10/01/91
pp

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,
,.
Tort Claims statistics - FY93 (October 01, 1992 - September 30, 1993)
Loc
NER

Nurn

190

PP
155

PI
24

PPPI
3

WD

Med
0

6

Set

Amnt

36

4452

variable Definition
Amnt Pen Den OD
A/O A/P ~ Med =
Num
PP
PI
PPPI
WD
Med
set

Number of claims filed ••.••••.•
Personal Property claims ••••.••
Personal Injury claims •••••••••
Both PP & PI claims ••••••••••••
Wrongful Death claims ••••••••••
Medical claims .••••••••••.•••••
Settled/approved claims ••••••••
Amount paid ................... .
Pending/open claims ••••••••••••
Number of claims Denied ••••••••
Number of claims OverDue •••••••
Avg number of days Overdue •••.•
Avg ,number of days to Process ••
PIM+ WDM+ PPPIM+ PPWDM

Pen

Den

165

126

00
0

A/O

A/P

0

89

Time Period
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Accept <= 09/30/93
D_Closed <= 09/30/93
D_Closed <= 09/30/93
Entire Database
10/01/92 =< D_Closed <= 09/30/93
Entire Database
10/01/92 =< D_Closed <= 09/30/93
10/01/92 =< D_Closed <= 09/30/93
~ WD = WD+ PPWD
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92
10/01/92

• Press any key to continue

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