u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219

February 5, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regiona l Counsel

SUBJECT:

Monthly Repo rt - January, 1997

(~Cf1)~

ADMINISTRATIVE REMEDIES
JAN
1 44
52

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

JAN
151
Pending
51
Rece i v ed
Answere d
50
152
Pending
Over Six Mon
0

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Rece ived
Answered
TORT CLAIMS

#
#
#
#
#

FOI/PRIVACY

#
#
#
#
#

JAN
Pending
80
47
Received
Answered
19
108
Pending
Over 30 Days 72

2

TIGATION
New Cases Recd
Cases Closed
Habeas Corpus
Bivens

JAN
32

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

3

25
4

FTCA
3
Other
0
Lit Reports
23
Cases With Hearing
or Trials
2
Cases With Settlements
or Awards
0
Tort Claim
Settlements
0

SIGNIFICANT CASES
L. J. and Maylene Carter, LR-C-95-407 (ED/AR)
In this FTCA action, the plaintiffs sought reimbursement for
subsistence fees charged while they were housed in a halfway
house.
Their theory was based on the fact that the Judgment
and Commitment Order, which did impose fines and restitution,
contained the form language that liThe fine includes any costs
of incarceration and/or supervision. II On January 21, 1997, the
court ruled that we acted within our authority in collecting
the subsistence fees, and that our actions were not in
violation of the J & C. The court also noted that plaintiffs
did have a choice in the matter - if they did not want to pay
subsistence, they could have been housed in a correctional
institution, where no subsistence or costs of incarceration
would have been assessed.
Daniel Schmaus y. N. L. Conner, 6:96CV1023

(ED/TX)

In this Habeas action, the inmate alleges his third revoked
term of Special Parole had expired and the u.S. Parole
Commission had determined his "sentence had expired ll • He
alleges the Bureau of Prisons refuses to release him.

DEC

3

Eddie Wayne Roberson v. Warden, 5:96CV216 (ED ! TX)
In this Habeas action, the inmate alleges the Warden refuses to
give jail time credit for time he spent in state custody under
federal detainer.
CRIMINAL MATTERS/PROSECUTION
FPC BRYAN
case continues to be active.
The letter
tion has been withdrawn , and it is expected
will re turn t o work on Monday, January 27th.
be assigned to answe r telephones and will work
rol Center with another officer present at all
times.
This restriction in his work status is being imposed
because additional information has com~o
Ii ht nd OIG has
"reactivated" their investigation into
activities.
One of the inmate witnesse s, who is current y l.n the· Lubbock
area, will be reinterviewed. Further action regarding the case
will be based upon the witnesses statement.
he

~

investi ation into allegations of sexual impropriety by
Physician Assistant, continues.
OIG agents and
an SSl.S an
.S. Attorney from Main Justice (Civil Rights)
will be in the institution at a yet undetermined date in the
future to interview the subject and others.
allegations of sexual impropriety raised
Correctional Officer, continues.
s
ith a Search Warrant to provide blood
complied with the Warrant, and the blood sample has
been sent to the FBI Laboratory in Quantico, Virgina, for
analysis. Further activity in this case is contingent upon the
results of the blood analysis.
FCl EL RENO

Harwood, Escape, pending.
Harris, Introduction of Drugs, FBI declines due to small amount
(previously reported). The Warden concurs with reservations,
but has decided not to pursue.
Hiliard, Possession of Marijuana, pending
(previously
reported) . The Warden is advocating for the Assistant U.S.
Attorney to pursue.
Jones, Introduction of Marijuana, sentence next week .
Lamar, Introduction of Narcotics, pending.

4

Luevano, Attempted Murder, pled guilty, awaiting sentencing.
Martinez, Introduction of Narcotics, pending.
Robitaille, Escape, pending.
Wilson, Assaulted staff, Introduction of Narcotics, sentenced
27 months.
FTC OKLAHOMA

The Warden concurs with all nonsubmittals.
A credit card fraud involving Sears was detected during
telephone monitoring. The matter was referred to the FBI who
then referred it to Secret Service. Secret Service accepted
the case.
On December 20, 1996, staff noticed a section of a wall in one
of the SHU cell had been dug away. ·Staff also found pieces of
metal and plastic electrical box used in the shower control
hidden in the mattresses along with one metal bracket that had
been fashioned into a weapon. This matter of attempted escape
was referred to the FBI, and it was determined this matter did
not qualify for referral to the u.S. Attorney's Office. The
Warden concurred because of insufficient facts to support the
charge.
On December 23, 1996, an inmate threw an unknown liquid
substance out of his SHU cell food slot, hitting the officer in
the chest and stomach area. This matter of staff assault was
referred to the FBI but was not submitted to the u.S.
Attorney's Office.
On December 3D, 1996, an inmate in SHU struck his food tray and
knocked it off the food slot, striking the officer in the
abdomen area. This staff assault was referred to the FBI but
was a non-submittal to the u.S. Attorney's Office.
On January 8, 1997, two inmates were fighting in Food Service.
They were separated, seen by medical staff, and placed on
administrative detention. The FBI deemed this a non-submittal
and did not refer the matter to the u.S. Attorney's Office.
On January 14, 1997, the unit officer saw inmate Olowodola
running after inmate Williams while yelling and swinging a fire
extinguisher. This matter of inmate assault was referred to
the FBI but was not referred to the u.s. Attorney's Office.

5

On January 18, 1997, an inmate in SHU threw an empty urine
specimen bottle through the food slot and struck the officer in
the upper chest area. This matter was deemed by the FBI as a
non-submittal to the u.S. Attorney's Office.

FCI TEXARKANA
Inmates Cordova-Rodriquez and Morris Haughton became involved
in a heated verbal argument in the Dining Hall at FCI
Texarkana. Haughton then assaulted Cordova-Rodriguez by
cutt~ng him across the forehead with a single edge razor blade.
Cordova-Rodriquez received 32 sutures to close the wound. The
razor blade was discovered on the floor near the area of the
incident.
The U. S. Attorney has accepted prosecution against Morris
Haughton. The case was set for trial on January 28, 1997, and
will be continued through next month in Texarkana. Five (5)
staff members have been subpoenaed as witnesses already.

FCI THREE RIVERS
The U.S. Attorney's office has declined prosecution in the
Garcia-Chavez homicide case (incident occurred in May 1996) for
the following reasons: forensic evidence was insufficient to
support prosecution and the only witness was not credible. The
Warden has been advised, and has not pursued the matter
further.
On January 5, 1997, Jorge Ramon, Jr. and Clemente Valdez, Jr.
were involved in a fight/assault in an inmate's living unit,
which resulted in inmate Ramon receiving several stab wounds.
Investigation revealed both inmates had agreed to fight.
Both
inmates were placed in 'Special Housing. The Assistant U.s.
Attorney's Office has not advised whether they will seek
prosecution.

SIGNiFiCANT TORT CLAIM
'Inmate Marsha BUCHANON, Register Number 19548-001 - Former
inmate at FMC Carswell has submitted an administrative claim
(T-SCR-97-20), alleging that while she was being x-rayed on
January 17, 1995, the x-ray machine malfunctioned and she
sustained burns to both of her eyes. She claims that the
examination revealed she had sustained flash burns and had
photophobia/photo sensitivity. She is seeking three hundred
tho?sand dollars ($300,000.00) in damages.

A review of the medical documents she attached to her claim
indicates that on January 17, 1995, a physician at FMC Carswell
noted in her medical chart that she had photophobia secondary
to flash in her eyes.

6

CASES WITH HEARING OR TRIAL

Hoot v. Gibson, A-96-CA-390 (WD/TX)
On January 28, 1997, Judge Sparks held a hearing to consider
the petitioner's request for DAP credit for seven weeks spent
in non-DAP bed as the resul~ of mutual error of staff and
petitioner. The Central Of:ice's position that the petitioner
had not met the statutory requirement of 180 days in a DAP bed
was articulated by Dr. J. Jones, DAP Administrator, SCRO. The
Court ruled that the equities of the case were in the
petitioner's favor, and entered judgment orally in favor of the
Petitioner.
Gerald Esposito v. George E. Killinger. et al., 4:96-CV-927-Y
ND/TX
A hearing was held on January 31, 1997, on a pending TRO on
ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled. The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
upCOMING TRIAL OR HEARINGS

Randy Dwayne Wells V. W. F. woods. et al., C-96-149 (SD/TX)
Evidentiary hearing is scheduled for February 24, 1997, before
a U.$. Magistrate Judge. Plaintiff is alleging deliberate
indifference to medical injury and needs.
Plaintiff is
alleging he suffered a head injury at FCI Three Rivers, on
March 13, 1994, and now suffers from loss of smell and taste.
Spanjol V. USA, 4:94-CV-237 (ND/TX)
"A hearing is scheduled for March 10 and 11, 1997.
We received word that Judge McBryde has scheduled a trial on
wali Muhammed V, USA during the week of April 28, 1997. There
are concerns that the Judge may find liability on the issue of
negligence in the placement of plaintiff in a non-handicapped
accessible facility.
The matter is being reviewed further by
the legal staff.

7

SITUATIONS OF INTEREST
FCC BEAUMONT

January 10, 1997, Paul Layer attended the FCC Beaumont's
Community Relations Board Meeting and made a presentation
introducing the Board Members to the FCC Beaumont Legal
Department's function.
January 17, 1997, Karen Summers, Larry Weston (DHO) , and Paul
Layer hosted a tour of the FCC Beaumont for u.S. District Court
Magistrate Judge Wendell Radford and his staff of fifteen. At
one point during the tour, the group attended Paul Layer's A&O
lecture to new inmates at the FCI (LOW) re:
Legal Department
role, FTCA procedures, FOIA/PA, and Administrative Remedy
Program.
The off-site medical care procedures (contract modifications)
were approved by the Central Office and presented to UTMB for
consideration.
FMC CARSWELL

u.s. v.

Mansour, Rasha

Contacted the Assistant U.S. Attorney to begin commitment
process under 18 USC 4245.
FTC OKLAHOMA

On January 29, 1997, Congressman J.C. Watts and his staff along
with staff members from Congressman Lucas, Watkins, and
Istook's offices took a tour. Staff members from Senators
Nickles and Inhofe's offices will also be in attendance, along
with Payne County D.A. and the 4th District Crime Task Force
members. They will also visit FCI El Reno.
SOUTH CENTRAL REGION

On January 16, 1994, Patrick Gardener from Congressman J.C.
Watts Office, Oklahoma City, Oklahoma, visited with Acting
Regional Director Michael Hood.
SIGNIFICANT ADMINISTRATIVE REMEDIES
Inmate Wayne Matra, at FCI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-Fl, the inmate
alleges discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious
item in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.

8

MEDICAL MALPRACTICE
TORT
CANIPE, Terry, Register Number 60647-080 (T-BOP-96-159)- Inmate
alleges that during the morning hours of July 30, 1994, while
he was incarcerated at FCI Bastrop, he was attacked by other
inmates during an institution lockdown. He claims that he
sustained a broken finger and "other injuries." Mr. Canipe
contends that he did not seek immediate medical attention
because he had been warned by other inmates not to give any
information about how he sustained the injuries.
At approximately 6:00 p.m., Mr. Canipe reported to institution
staff that he had slipped on some stairs and had fallen down.
Medical staff examined Mr. Canipe and requested x-rays of his
hand and face. On August 2, 1994, the x-ray revealed that he
had suffered a broken finger, and approximately ten days later,
he was examined by a contract orthopedic physician who noted a
partial ligament rupture on the splinted finger.
The inmate
was instructed to initiate range of motion exercises. On·
August 11, 1994, an x-ray revealed a dislocation involving the
joint of the right ring finger. Surgery was later performed by
a contract surgeon, and Mr. Canipe was referred to Springfield.
Mr. Canipe is seeking one million dollars in damages.
~~

LXTIGATXON
None
PERSONAL HATTERS
Michael Hood

February 4-5

FCI Three Rivers
Staff Assistance Visit

Paul Layer

January 21-22

Attended training
seminar on
Employment Regulations
in Texas

u.s. Department of Justice
Federal Bureau of Prisons
.'South Central Regional Office

Dallas, Texas 75219
March 5, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

STRATIVE REMEDIES

JAN
144
52

FEB
111
61

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

JAN
Pending
151
Received
51
Answered
50
Pending
152
Over Six Mon
0

FEB
153
40
33
160
0

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

FEB
108
34
17
125
91

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

# Received
# Answered
TORT CLAIMS
#
#
#
#
#

FOI/PRIVACY

JAN
# Pending
80
# Received
47
19
# Answered
Pending
108
30 Days 72

2

LITIGATION
JAN
New Cases Recd 32
3
Cases Closed
25
Habeas Corpus
4
Bivens

FEB
36
9
23
8

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

2
3
FTCA
o
3
Other
Lit Reports
23
19
Cases With Hearing
or Trials
2
0
Cases With Settlements
or Awards
0
0
Tort Claim
o
o
Settlements

SIGNIFICANT CASES
Rolf

w.

Starke v. John M. Tombone, et al., 396-CV3454-G (ND/TX)

This is a Section 1983 case. Plaintiff alleges that the
defendants have conspired under the color of state law to
violate his First, Fifth, Sixth, Eighth, and Fourteenth
amendment rights.
Specifically, plaintiff states that his
health has suffered as a result of inhaling secondary smoke
from cigarettes, cigars, and pipe tobacco products. He only
asks for judgment against the defendants. He does not request
any monetary damages.
Kenneth Lee Stewart v. John Tombone, Warden, 397-CV0129-R and
Talford H. Royal v. John Tombone, Warden, 397-CV0182-H (ND/TX)
Basically, this is a 3621(e} appeal.
There's a little bit of a
different twist in these cases versus the normal 3621(e} cases.
Petitioners are not challenging the fact that the Bureau of
Prisons has classified their crime as a "crime of violence".
Rather, they contend that the Bureau of Prisons entered into a
"contractual" agreement with them which stated that if they

DEC

3

completed the 500 hour DAPS Program, they would receive a year
off their sentence. They state that they were granted the one
year off, but when the new program statement conc~rning crimes
of violence was issued, staff at FCI Seagoville found them
ineligible for early release. They contend that the Bureau's
denial of the year off creates a state created liberty
interest.
Wilson Harrell v. Kathleen Hawks, 97-0048-A (WO/OK)
The Bivens case recently filed by inmate Harrell is based on
the Ensign Amendment. Harrell is alleging his counselors, the
unit manager, the ISM, Warden, Mr. Cooksey, and the Director of
the BOP, conspired to deprive him of his 1st, 4th, 5th, 9th,
and 14th amendment rights. Harrell is seeking $1,000,500.00 in
damages, an injunction, and attorney fees. A Martinez report
is due in March. Harrell has not exhausted his administrative
remedies.

CRIMINAL MATTERS/PROSECUTION
FCI BASTROP
The names of Edward Johnson and Bruce Brown were submitted to
the FBI in Austin for possible prosecution in relation to a
fight between them in Houston Unit on January 25, 1997. The
Warden is particularly interested in the prosecution of Brown,
since he attacked Johnson with a razor blade.
FPC BRYAN
The Vincent Rosas case seems to be over. The witness who was
to be re-interviewed (now a former inmate) has declined to
cooperate. Accordingly, efforts to revive this case have
ceased, and the matter has been dropped. Officer Rosas has
been returned to duty. The Warden is not seeking intervention
at this time.
The investigation into allegations of sexual impropriety by
Estuardo Mota, Physician Assistant, continues. All evidence
has been collected and the case is ripe for prosecution.
However, despite DOJ Civil Division's desire to proceed with
prosecution of the case, the AUSA involved is not willing to
proceed, asserting, that "it is not worth it for only a
possible six-month sentence n • The Warden wants to hold off on

4

intervention at this time.
The investigation into allegations of sexual impropriety raised
against Arnulfo Garcia, correctional Officer, continues. The
FBI Laboratory conducted DNA testing of the semen sample
provided by the inmate and the blood sample provided by the
officer. The results of the testing were conclusive that the
semen was Officer Garcia's. Officer Garcia was placed on home
duty status on Monday, January 24th. The AUSA is in contact
with Officer Garcia's attorney regarding possible prosecutorial
options. Administrative action in this case is on hold pending
the response of Officer Garcia's attorney to the AUSA.
FCI EL RENO
Baker, Assault (Inmate), pending.
FMC FORT WORTH
On February 4, 1 997, Inmate Kevin McGraw, a USMS prisoner, was
admitted to the Jail Unit. During a strip search, staff
discovered 6 rocks of cocaine and 2 bags of unknown substance
in his rectum.
The charge for which he was arrested was
Possession with Intent to Distribute Cocaine Within 1000 Feet
of School. The AUSA has accepted this case for prosecution.
Li eute nant Peick believes they will work out a plea bargain on
our case in order to get him to plea to the PWITD Cocaine
charge.

FCI SEAGOVILLE
United States of America v. Moses Ramirez.
case against an inmate for Introduction of
institution. A trial was held on February
convicted February 28, and he is currently

et al.
This is a
Drugs into the
25, 1997, he was
awai ting sentencing.

FCI TEXARKANA
Trial proceedings against Morris Haughton has been deferred
until April.
The inmate has indicated he will plea. This
incident was initially reported in November.
Haughton
assaulted another inmate by cutting him across the forehead
with a single edge razor blade.
FCI THREE RIVERS

5

The Assistant u.s. Attorney's Office has declined prosecution
for Jorge Ramon, Jr., and Clemente Valdez, Jr. Warden concurs
wit~ decision not to prosecute.
Charles Glover assaulted Juan Sanchez-Rios in an inmate living
unit with a sock containing batteries. Minor injuries were
received by Sanchez. Glover has been referred to u.s.
Attorney's Office for assault.
Brady Johnson has been referred to the u.s. Attorney's Office
for assaulting a staff member, threatening staff, and
destruction of government property. The inmate was in Special
Housing and refused to comply to staff orders for him to be
placed in handcuffs. When the inmate eventually complied and
staff were locking the handcuffs on inmate, the inmate pulled
the handcuff toward him, which pulled the staff member into the
food slot door and caused the handcuff key to break off. Staff
received minor injuries.
Jose Ochoa-Eribes assaulted Gabriel Rodriguez-Arroyo with a
closed fist in an inmate living unit. Rodrigurez suffered a
bloody nose. The case has been referred to u.S. Attorney's
Office for assault.
Gregory Thomas assaulted Shawn Parent in an inmate living unit
which resulted in no injuries. The case has been referred to
u.S. Attorney's Office for assault.

SIGNIFICANT TORT CLAIMS
MEDICAL
GADSON, Floyd, Register Number 09390-058 - Mr. Gadson contends
on June 13, 1996, he requested medication for his diabetes. He
states that he was refused treatment and was issued an incident
report. He contends that as a result of the denied medical

care, he developed a diabetic ulcer on his foot, which burst
open and has caused him a significant amount of pain.
Mr. Gadson requests $4,500,000.00 for emotional distress and
permanent physical injury.
(T-SCR-97-44)
CARTER, Norma J., Register Number 21603-034 - Harry T. Winmann,
3850 N. Causeway Boulevard, Number 590, Metairie, Louisiana,

6

has filed a claim (T-SCR-97-28) on behalf of No~a J. Carter.
Ms. Carter alleges that medical staff at FPC Bryan denied
timely surgical care for a pilonidal abscess and that she
ultimately had to undergo a colostomy. Ms. Carter is a diabetic
and contends that she is susceptible to wound infection. She
is seeking $500,000.00 in damages.
COLLINS, Clyde, Register Number 16940-009 - (T-SCR-97-64) The
family of deceased inmate has filed a claim for the death of
Mr. Collins. Al Weisenberger, an attorney in EI Paso, has
submitted the claim, but there is no authorization from
Mrs. Collins or any of Mr. Collins' six children authorizing
Mr. Weisenberger to represent them in a wrongful death claim
against the government.
Mr. Collins died from a heart attack while playing softball at
FPC El Paso on July 17, 1996. The Collins family contends that
the Bureau of Prisons did not provide adequate treatment for
Mr. Collins abnormal EKG in March 1995, nor was the annual
physical conduct in March 1996. The family also states that
staff failed to perform CPR within a reasonable time,
prohibited another inmate Uwho was trained in CPR" to perform
CPR, and did not timely summons an ambulance. The claimants
seek $15,000,000.00 in damages ($5,000,000 for personal injury
and $10,000,000.00 for wrongful death).
OTHER SIGNIFICANT TORT CLAIMS
AGERTON, Dr. William D. (Civilian) - (T-SCR-96-472) Dr. Agerton
alleges that he was employed by EMCare to provide medical
services to health care providers, such as the Federal Medical
Center in Fort Worth, Texas, and on May 16, 1996, Dr. John
Barry (Clinical Director) refused to allow him to provide
medical care at FMC Fort Worth. Dr. Agerton alleges that he
has sustained loss of pay and restriction of hospital
privileges.
The South Central Regional Health Services Administrator has
indicated that the contract was with EMCare and not with any
individual.
It is not clear at this time why Dr. Agerton was
denied access to FMC Fort Worth; however, the claim is
currently being investigated by staff at Fort Worth.
Dr. Agerton is seeking $100,000.00 in damages.
BOSTIC, Billye E., Register Number 62285-080 has filed an
administrative claim (T-SCR-97-53) because the Bureau of

7

Prisons imposed a cost of incarceration fee.

He alleges that

after he refused to pay $21,352.00 per year, he was placed on
refusal status until he paroled on June 3, 1996. He contends
that he lost early parole consideration, halfway house
placement, pay for six months, social security pay for three
months, three months of earnings, work privileges, dormitory
privileges, and purchase privileges.
Mr. Bostic has attached a Memorandum and Opinion (Billye E.
Bostic v. Joe Aguirre. Warden, EP-96-CA-139-DB) by United
States District Judge David Briones, in which Mr. Bostic's
Habeas was granted. Judge Briones stated that the "Bureau of
Prisons shall not collect cost of incarceration fees" because
Mr. Bostic's sentence did not meet all three prongs of
28 C.F.R. § 505.1.
In addition, there is documentation
attached to Mr. Bostic's claim that indicates that the Bureau
of Prisons continued to hold him accountable for the cost after
Judge Briones issued the order on April 30, 1996.
CASES WITH HEARING OR TRIAL
None

UPCOMING TRIAL OR HEARINGS
The Spanjol trial is scheduled for March 12 and 13, 1997, in
Sherman, Texas.
As noted last month, Muhammed is scheduled for trial on
April 28, 1997. A Motion to Dismiss is still pending in Judge
McBryde's court on this case.

Noel Edward Plunkett v. Joe Gunia, et al., C-96-548 (SD/TX)
An evidentiary hearing is scheduled for March 7,

1997, before a
U.S. Magistrate Judge. This inmate alleges staff members were
deliberately indifferent to his safety, welfare, and conditions
of confinement as a direct result of their retaliatory
treatment.
Inmate alleges he was illegally confined in
segregation, forced to live in unclean conditions, lost his
work wages, and was denied numerous rights.
Inmate further
alleges that while he was in Special Housing, staff members
concocted false charges against him, confiscated administrative

8

remedies, and attempted to force him into general population
knowing his life was in jeopardy. Inmate is seeking punitive
damages, costs of litigation, attorney's fees, and any other
relief deemed appropriate.

SITUATIONS OF INTEREST
FCC BEAUMONT
United States v. Ballis, 1:92-CR-41-2 (ED/TX)
Paul Layer responded to a Motion for Legal Furlough submitted
by criminal defendant/inmate at FCI Bastrop after the local
federal court Judge Cobb personally called him and requested
information on BOP furlough law and policy.
Paul Layer attended the Jefferson County Commissioners' meeting
on redistricting fire protection to include the FCC Beaumont.
The municipality originally providing first response fire
protection withdrew that commitment, and the County
Commissioners are reviewing options in order to insure coverage
for the several correctional facilities in the county (state
and federal) .
On February 20-21, Paul Layer attended a two day training
session in Huntsville, Texas, on Prisoner Litigation.
The
training was sponsored and attended by the u.s. District Court
Magistrate Judges, and their Staff Attorneys, from all the
Texas federal judicial districts.
FMC CARSWELL
Barbara Wilson dealt with two mental health study cases with
hunger strike issues.

9

FTC OKLAHOMA
On February 18, 1997, at approximately 6:40 p.m., inmate Ernest
Vera, was found hanging in his cell. Inmate Vera had a pulse
and was breathing with assistance when he was transported to
Hillcrest Health Center and admitted to lCU, where he was
placed on a ventilator. Inmate Vera was removed from lifesupport on February 24, 1997. On February 27, 1997, he died of
respiratory failure.
FCI SEAGOVILLE
Jimmy Dixon is confined at the jail unit. He entered the VA
Hospital in Dallas with a shotgun demanding his medication. He
then kidnapped a male and female ambulance driver. Once he was
outside, he shot at the male driver and missed. He took the
female to his home and raped her. The female was able to lead
police to Dixon's home, and he was arrested. He claims he was
not responsible because he could not get his medication. We
have received phone calls about this man and a subpoena for
copies of psychological records.

FCI THREE RIVERS
Inmate Fox has begun making monthly payments to the Court of
Appeals under PLRA provisions.

SIGNIFICANT ADMINISTRATIVE REMEDIES
Inmate Baxendale filed Administrative Remedy 12SS3S-F1,
alleging that the BOP misinterpreted the Ensign Amendment.
specifically requested to continue receipt of nPlayboy".

MEDICAL MALPRACTICE
LITIGATION
James Watson Ramsey v. USA, et al., 3:96-CV-3358-G (ND/TX)
This FMC Fort Worth case involves 12 named defendants.

The

He

10

4

inmate claims he was subjected to cruel and unusual punishment
through denial and delay of medical care of his burns. Based
on a preliminary assessment, there does not appear to be any
liability on the part of staff. Mr. Ramsey's complaint appears
to be frivolous pursuant to the PLRA.
Carter v. FMC Medical Review Board. et al., 4:96-CV-690-A
(ND/TX)

The inmate had a previous case filed
issues regarding the lack of medical
Carswell. The case was dismissed as
Prison Litigation Reform Act of 1995

which raised identical
care she received at FMC
frivolous pursuant to the
on December 1, 1996.

PERSONAL MATTERS
Michael Hood

March 5-7

White Collar Crime
Seminar
New Orleans, LA

March 10-13

Regional Counsel
Meeting

.

March 24-28

Annual Leave

Lisa Sunderman

March 17-18

Annual Leave

Marsha Foulks

March 23-27

Sentencing for
Attorneys
Aurora, CO

March 28-31

Annual Leave

Carl Selogy

March 17-21

Annual Leave

Lisa James Young

March 10-11

Annual Leave

Liz Samford

March 19-21

Annual Leave

Barbara Wilson

March 24-April 2

Annual Leave

•

..

11

Patsy Davis

March 31-April 7

Annual Leave

U.S. Department of Justice
Federal Bureau of Prisons

Dallas, Texas 75219
April 8, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
Michael D. Hood, Regional Counsel

FROM :

j

SUBJECT:

Monthly Report· March, 1997

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Received
# Answered

144 111 139
52 61 69

TORT CLAIMS
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Pending
# Received
# Answered

151 153
51 40
50 33
# Pending
152 160
# Over Six Mon 0 0

159
40
40
159
0

FOI/PRIVACY
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Pending
80 108 125
# Received
47 34 27
# Answered
19 17 61
# Pending
108 125 91
# Over 30 Days 72 91 64

LITIGATION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
New Cases Recd 32 36 31
Cases Closed
3 9 10
Habeas Corpus 25 23 25
Bivens
4 8 6
FTCA
3 2 0
Other
0 3 0
Lit Reports 23 19 33

Cases With Hearing
or Trials
2 0 4
Cases With Settlements
or Awards
0 0 1
Tort Claim
Settlements 0 0 0

SIGNIFICANT CASES
Fort Worth has received 8 additional HC petitions requesting
deportation pursuant to the new INS procedure.

Donald Holmes v. S. W. Phelps, et al., 5:96CV225 (EOITX)
The plaintiff alleges harassment, discrimination, and verbal
and physical abuse by FCI Texarkana staff.

Wells

v. Carbow, EP-97-CA-029-0B (WDfTX)

An inmate at FCI La Tuna was removed from the ICC program at
Lewisburg for having a two point enhancement for firearms.
However, after his removal, the inmate had his sentence
clarified to state he did not use firearms. Moreover, a PostSentence Investigation was prepared that did not give him a two
point enhancement for firearms. However, the inmate was never
returned to the ICC. The inmate agreed to dismiss the action
in return for accelerated CCC placement within policy and home
confinement when eligible.

CASE WITH SETTLEMENT OR AWARD
Maria Ramos v. U.S.A., Civil Action No. EP-94-CA-342-MC (NOfTX)
Adverse judgment rendered by magistrate. Action brought by the
mother and daughter of a former inmate at FPC La Tuna. The
daughter has cerebral palsy and cannot walk, talk,or breathe
without assistance. In October 1993, when the family went to
visit inmate Juan Ramos, there was no handicapped ramp to
access the Visiting area. The Warden allowed Mrs. Ramos,
because she was a frequent visitor, to use the loading ramp
around the side of the building. Because a government vehicle
was blocking the ramp, Mrs. Ramos wheeled her daughter along
the roadway. The roadway contained concrete splatter and was
bumpy. Ramos' chair hit one of the concrete bumps, and Ramos
became dislodged from her wheelchair. She sustained almost no
physical injuries. The Court awarded $30.00 in actual damages,

and $5,970.00 in pain and suffering (Total judgment $6,000.00).
BOP and U.S. Attorney's Office have agreed to not appeal this
case.

CASES WITH HEARINGS OR TRIAL
Noel Edward Plunkett V. Joe Gunja, et al., C-96-548 (SOfTX)
Bivens case. Reported in February. Evidentiary hearing held
on March 7, 1990. No ruling as of this time.

Dennis O'Neal MCAnnlch V, Frank WOods. et al.
Bivens case. Spears hearing held on March 25, 1997.

United States

v, Rasha Mansour, 4:97-CV-079-Y (NOfTX)

A commitment hearing for hospitalization was held at FMC
Carswell on March 12, 1997, pursuant to 18 USC 4245.
Ms. Mansour was committed to our inpatient unit.

Spaniol v USA
I

A trial was held in Sherman, Texas on March 12-13, 1997. The
judge ordered both parties to submit their closing briefs
within 10 days. Ruth Yeager, Deputy Civil Chiefs, feels very
optimistic of our chances of prevailing.

SIGNIFICANT TORT CLAIMS
MEDICAUADA CLAIM
PETERSEN, Justin, Register Number 98535-012 - Mr. Petersen
contends that during transfer between MOe Los Angeles and FCI
Bastrop his prosthetic socks were lost, that because staff did
not replace the socks he has suffered a breakdown of the skin
on his amputated stump, that FCI Bastrop is not adequately
equipped to house disabled inmates, that while he was housed
there he slipped and hit his head on his locker, and that the
shower bar broke and he fell causing a bruise to his hand.
Mr. Petersen complains that he was transferred to USFMCP
Springfield for treatment, but because he only had 5 months
remaining to be served, staff would not consider making any
Significant repairs to his prosthetic device. He seeks $900
for temporary repair of his prosthesis, $18,000 for replacement
of his prothesis and $15,000 for personal injury. (T-NCR-97150). Investigation pending.
REYNOSO-OLASCAGO, Jose, Register Number 64714-079 Mr. Reynoso-Olascago alleges that while he was walking on the
track at FCI Big Spring, he was hit in the face by a bat that
had slipped out of a softball player's hands. He was
transported to a local community hospital for treatment, he

later underwent surgery to repair his fractured jaw. He claims
that BOP staff negligently allowed him to walk around the track
while a game was in progress. He seeks $10,000,000.00 in
damages. (T-SCR-96-430) . No liability concerns.
FANTROY, Richard, Register Number 27764-077, alleges during
June 1996 at FMC Fort Worth, he was given incorrect medication
for his medical condition . The claim is in the amount of
$500,000. (T-SCR-97-47) . Investigation pending .
TELFAIR, Milton, Register Number 59903-080, has filed a claim
concerning his medical treatment at FCI Oakdale. He is
confined to a wheelchair and suffers from recurrent anal
fissures . He underwent a hemorrhoidectomy and anal
fissurectomy, but feels additional treatment should have been
provided. He is currently incarcerated at FMC Fort Worth .
(T-SCR-97-25). Investigation pending.

SIGNIFICANT CLAIM
ROBERTSON , Vernon Ray, Register Number 17017-057 has filed an
administrative tort claim alleging that on December 16, 1996,
he was violently assaulted by a State of Oklahoma inmate while
they were housed at FTC Oklahoma City. Mr. Robertson contends
that he was beaten and stabbed with a broom handle. He also
states that the inmate had a history of violence and that BOP
staff failed to provide adequate protection. He seeks
$300,000.00 in damages . (T-BOP-97-015)

SIGNIFICANT ADMINISTRATIVE REMEDIES
Fort Worth received and responded to Administrative Remedy
#128997-F1, in which Wali Muhammed, Reg. No. 19148-009, alleged
Nation of Islam were denied access to an additional meeting
time and their yearly ceremonial meal. There was no validity
to the allegations.
Administrative Remedy 130071-F1, Inmate Freeman , requests to
display a "dream catche~'. He alleges this is an American
Indian religious belief. Information received indicates the
BOP does not"recognize this as a religious item although some
institutions allow

it. Texarkana denied the inmate's request.

Our office has not received a regional appeal regarding this
issue, the inmate has until April 17, 1997 to file an appeal.

UPCOMING TRIALS OR HEARINCS
Muhammed V. USA is scheduled for trial on April 28, 1997. Two
settlement conferences have been held. We are currently in
discovery, and the AUSA is tentatively scheduled to depose
Muhammed during the first week of April.

MEDICAL MALPRACTICE:
LITIGATION

Caesar Morales·Morales v. Norris Knight. et aI. , 597CV0023
(NDfTX)
In this action, the plaintiff names a conlract physician,
conlracl clinic, contract hospital, retired BOP physician and
current physician. The plaintiff asserts he fell on his arm,
surgery was performed, and that despite the surgery he still
has problems. He asserts improper and inadequate treatment due
to deliberate indifference. There is no show cause order in
this matter; thus, research for a litigation report has not yet
occurred.

TORTS (FTeA)
Inmate Norma Carter, asserts government negligence regarding
timely provision of surgical care for a pilonidal abscess at
outside hospital by staff at FPC Bryan, resulting in extensive
parasacral infection. Preliminary investigation reveals no
evidence of delay or inappropriate treatment by FPC Bryan
staff.

ENSIGN AMENDMENT:
FCIOAKDALE
Several inmates were threatening action when the regulations
went into effect; however, no litigation has emerged.

LITIGATION
FCI EI Reno. Harrell v. Hawkins. Inmate asserts that
return of publication pursuant to Ensign Amendment violates
his constitutional rights.

TORTS
Adam Winchester has submitted a tort claim seeking $128.80
because he is not receiving his monthly subscription of
Penthouse magazine.

RELIGIOUS FREEDOM RESTORATION ACT:
ADMINISTRATIVE REMEDY
See Significant Administrative Remedy heading .

LITIGATION
None

TORT
None

SITUATIONS OF INTEREST
FCI BASTROP
Bastrop has several computer hackers who roulinely receive
sophisticated material Ihrough Ihe mail.

FCIOAKDALE
Director Hawk toured FCI Oakdale last week. An inslilution
Character Profile was conducted .

FCI THREE RIVERS
United States v. Steve Williams. Under PLRA requirements,
inmate salisfied a $105 .00 filing fee pursuant to a court
order.
Edward Fox, Jr. v. Lieulenant Small, et al. Reported in
February. Under PLRA requirement , inmate has been assessed a
$105.00 filing fee pursuant to a court order. He continues to
make monlhly payments.

CRIMINAL MATTERS AND PROSECUTIONS
FCI BIG SPRINC
A criminal case USA v. Jose Valenzuela-Hernandez has been set
for April 7, 1997, in the Northern District of Texas, Abilene,
Division. The case involves Jose Valenzuela-Hernandez' assault
on Lt. Travis Gilbreath on December 22, 1996, during the
institution disturbance. Twelve staff have been subpoenaed to
testify in Lubbock.

FPC BRYAN
has been closed with no action being
taken
employee, due to lack of credible
witnesseslvictims. The Warden and Regional Director are aware
of and concur with this action.
The.
case remains active, with communication taking place
between the AUSA in Houston and the Civil Rights attorney in
Main Justice. They will determine whether a prosecutable case
exists and advise us of their decision. We have emphasized the
importance of prosecuting sexual activity cases to the U.S.
Attorney's Office which is very supportive in appropriate

cases.
In

the~ase,.e
. tions continue between the AUSA in

Houst~ffice

attorney reg arding a possible plea

agreement.

Fel EI RENO
Hilliard, Rocky, Possession of Marijuana, prosecution declined
(small amount) Warden concurs.
Luevano, Juan, Attempted Murder, sentenced to 5 years after
guilty plea.
MumiziRamos, Possession of a Weapon, prosecution declined,
Warden concurs.
Baker, Cherry, Darr, Davilla, Lindsey, and Roach, tntroduction
of Narcotics, 2 Ibs. of marijuana was found in 4 cans of
roofing tar as it was being brought into the institution
through a detivery of construction materials. Prosecution
pending only on Roach. The others were declined (Lack of
evidence according to FBI).
Schaffer, Prescott, Tory, Possession of Narcotics, pending.

FCI LA TUNA
Inmate Cazarez, Javiar, was assaulted on February 26, 1997. He
was beaten about the body and struck in the head by a paddle
lock inside a stocking. The injuries were serious, and the
inmate was sent to an Emergency Room at an outside medical
facility. SIS subsequenlly investigated the matter, and
determined three inmates may have committed the assault. They
are: Trevino-Gonzales, David; Vallenzuela, Adolfo, and Lopez. Jimenez, Francisco. These three were referred to the FBI for
prosecution. The Assistant U.S. Attorney assigned to the case

has decided to prosecute and informed the institution of that
decision on March 31, 1997.

FTC OKLAHOMA CITY
On March 3, 1997, R&D staff observed inmate Donald Guess
assault inmate Sidney Davis, by hitting him in the facial area
with a closed fist. Inmate Davis received minor first aid
treatment for swelling to the left cheek area. The FBI was
notified and determined this matter does not warrant referral
to the U.S. Attorney's Office.
On March 18, 1997, R&D staff observed inmate Darryl Jones grab
inmate Ernest Robertson from behind. There was no apparent
injuries. The FBI was notified and determined not to refer
this matter to the U.S. Attorney's Office.
On March 23, 1997, the FTC contacted the FBI regarding an
alleged rape involving a male correctional and a female inmate.
The FBI referred the matter to the Oklahoma City Police
Department who conducted the investigation. Magistrate Judge
Bana Roberts issued a Warrant for Arrest of Joe Anthony McManus
on March 25, 1997, and Mr. McManus was arraigned later that
day. This matter is currently pending under criminal complaint
number M-97-53-RO, for violation of 18 U.S.C. Section 2243(b).

FCI SEAGOVILLE
George Salemo, the inmate who escaped and was captured within
14 hours, was prosecuted, pled guilty, and is awaiting
sentencing.

FCITEXARKANA
In the matter of Morris Haughton where he was charged with
possession of a weapon (razor blade) in prison in lieu of
assault, he received fourteen months consecutive to his current
sentence.

FCI THREE RIVERS
SergiO Montes-Ortiz, assaulted officer in Special Housing Unit
by spitting on him. Referred to AUSA for Minor Assault on
Staff. Pending prosecution.
Charles Glover, reported last month. Prosecution declined.
Warden concurs. Pending institution disciplinary action.

Brady Johnson. reported last month. Prosecution was declined
because there was no serious injury to staff. The staff member
received a bump on his head. Pending institution disciplinary
action.
Jose Ochoa-Eribes. reported last month. Prosecution declined.
Warden concurs. Pending institution disciplinary action.

Gregory Thomas. reported last month. Prosecution declined.
Warden concurs. Pending institution disciplinary action.

PERSONAL ISSUES
-*Message From Liz Samford-*
I've thoroughly enjoyed my position as a Paralegal and
appreciate having been able to work with so many talented and
gifted legal people.

FCC BEAUMONT
March 18. 1997 - FCC Beaumont Staff Appreciation Day recognized
with visit from Director Hawk and Regional Director White.
Michael Hood

Linda Nutt

- April 8-11
- Annual Leave
- April 21-24
FCIOakdale

-

- April 17-21

- Annual Leave

Henry Castro

- April 7-11

- Annual Leave

Julie Gerardi

- April 14-18

- Annual Leave

Linda DuBose
J.D. Crook

- April 4-11
- April 10-14

- Annual Leave
- Annual Leave

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas. Texas 75219
May 5.1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood. Regional Counsel

SUBJECT:

Monthly Report - April. 1997

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Received
# Answered

144 111 139 145
52 61 69 98

TORT CLAIMS
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
#
#
#
#
#

Pending
151 153
Received
51 40
Answered
50 33
Pending
152 160
Over Six Mon 0 0

159 164
40 49
40 41
159 172
0 0

FOI/PRIVACY
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Pending

80 108 125 91
# Received
47 34 27 41
# Answered
19 17 61 43
# Pending
108 125 91 89
# Over 30 Days 72 91 64 48

LITIGATION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
New Cases Reed 32 36 31 23
Cases Closed 3 9 10 6
Habeas Corpus 25 23 25 17
4 8 6 4
Bivens
FTCA
3 2 0 1
Other
0 3 0 1
Lit Reports 23 19 33 23

Cases With Hearing
or Trials
2 0 4 3
Cases With Settlements
or Awards
0 0 1 0
Tort Claim
Settlements 0 0 0 0

SIGNIFICANT CASES
Guadalupe Martinez v. Janet Reno. et aI., 3:97-CV-0813
(NDrrX)
An employee from FCI Seagoville has brought an EEO action
against the Bureau of Prisons and the Department of Justice and
alleges that the BOP has discriminated against him based on his
ethnic origin. He claims that his performance appraisals were
unjust and inaccurate and that he was subjected to conditions
(such as a photo lineup) that other employees were not
subjected to solely because of his race.
Ronald Faldyn v. Lester Fleming, A-96-CA-0526-SS (WOITX)
A final order was entered for the BOP defendants. Case is
significant because the issue was crime of violence
determination under 3621 (e). The district affirmed the
Bureau's discretion in defining crimes of violence.
Terise Ahr v. Reno
This FPC Bryan case revolves around an assertion that the
Bureau did not meet the provisions of a settlement agreement in
an EEO case. In fact, we did not provide back pay within the
30 days specified, but did within about 45 days in 1994.
Plaintiff raises numerous other complaints, which the AUSA
argues are independent issues which have not been exhausted
administratively.

CASES WITH SETTLEMENT OR AWARD
None

CASES WITH HEARINCS OR TRIAL
Dennis O'Neal McAnnich v. Frank Woods. et aI., C-96-132 (SDITX)
A hearing was held on April 15, 1997, regarding defendant's
motion to dismiss. Defendants argued service by mail did not
give court jurisdiction over defendants in their individual

capacities. Defendants requested personal service pursuant to
Rule 4(e). Defendants claimed person who signed the return
receipt cards was unauthorized to receive their mail. Court
disagreed and cited Texas law which provides for service by
mail. Court found service to be proper and denied motion to
dismiss. The court ordered U.S. Attorney's Office and Attorney
General of the U.S. to receive service.
. Banks v. USA, A-95-CA-292-JN (WDfTX)
A hearing was held on April 13 in Austin regarding the
plaintiffs motion for disbursement of funds from the court to
pay for expert witnesses. The magistrate recommended that all
parties agree to a bifurcated trial since both expert
witnesses' testimonies pertain to damages, not liability. The
court will then hold in abeyance the motion until after the
liability phase of the trial. If the U.S. is not liable, the
proceedings will go no further, and the issue.will be mooted.
Both sides readily assented.
Demarey v. Franco, EP-96-CA-238H (WDfTX)
An evidentiary hearing was held to determine whether due
process was given prior to the inmate's Administrative
Detention.

SIGNIFICANT TORT CLAIMS
A claim has been filed on behalf of a minor named Riberto
Ebelio Lopez, who is the son of Richardo Lopez. Riberto Lopez
was killed by a BOP escapee, Albert Young. who was incarcerated
at a facility under the Community Corrections Office in New
Orleans, Louisiana. The minor's mother filed a tort claim
seeking damages for the wrongful death of his father and the
loss of support and companionship. The claim mirrors an
earlier filed claim by the daughter of deceased Lopez. She is
seeking $500,000.00. (T-NER-97-82)
Update from our February report pertaining to a claim filed by
Norma Carter (T-SCR-97-28). The Clinical Director reveals some
concern regarding the number of days which elapsed between the
time when Claimant presented to the medical staff with symptoms
indicative of a perirectal abscess and the time when
appropriate treatment was provided. The Clinical Director at
FPC Bryan feels that we may have been inordinately slow in
responding to and recognizing what the record seems to clearly
indicate to have been a serious medical condition complicated
by diabetes. We may ask that a higher level inquiry be
conducted in this case (perhaps by an MD from the Central
Office or a BOP Medical Center other than Carswell since they
provided treatment to this inmate as well).
An administrative claim has been submitted by a company named
Leaseal!, Inc. The claim is signed by Sandy Carr, Manager for

Leaseall, Inc., and she states that their truck was damaged
when a vendor was driving the truck out of Gate 1 at FCC
Beaumont and the gate was closed on the truck. There is
nothing with the claim to indicate that the incident occurred,
or Ms. Carr's authority to make the claim. (T-SCR-97-134)

SICNIFICANT ADMINISTRATIVE REMEDIES
An FCI Big Spring inmate, Edgar Fuller, filed an administrative
remedy citing violations of the RFRA. He alleges the Chaplain
denied him access to the chapel; did not allow him to pray,
teach or testify; and denied him the right to offer communion.
The Chaplain documented each meeting with inmate Fuller with
copious notes. Representatives from the Pentecostal church
visit the institution monthly and offer communion. Communion
is also offered ten times each month, and the Chaplains offered
to give him communion in their offices whenever he felt
communion was necessary. The Chaplains also offered to attempt
to have representatives from the Pentecostal church come more
often. Inmate Fuller insisted this was not sufficient to meet
his needs. Fuller believes his needs will only be met once he
is permitted to conduct his own services and he is allowed to
offer communion to his inmate group. Inmate Fuller has advised
the Chaplain that he was a member of the clergy prior to coming
to prison. The administrative remedy was denied at the
institutional level. Inmate Fuller has promised lively
litigation on this issue. On April 12, 1997, Chaplain Wright
wrote an incident report against Fuller for Refusing to Obey an
Order, by conducting church services without permission. This
incident report was informally resolved by the Chaplain.

UPCOMING TRIALS OR HEARINGS
Muhammed v. USA, 4:96-CV-711-A, (NDfTX)
A trial was held on April 28, 1997, before the Honorable John
McBryde. Briefs will be submitted by both parties.

MEDICAL MALPRACTICE:
LITIGATION
Jose Ramirez v. Joe Aguirre. et al., EP-97-CA-002H (WDfTX)
In this Bivens action, an inmate with a coronary condition from
FPC EI Paso alleges that staff displayed deliberate
indifference to his serious medical needs.

TORTS
See Significant Tort Claim heading.

ENSICN AMENDMENT:
LlTiCATION
None

TORTS
None

RELICIOUS FREEDOM RESTORATION ACT:
ADMINISTRATIVE REMEDY
See Significant Administrative Remedy heading.

LlTICATION
None

TORT
None

OTHER
A home-confinement inmate, David Bishop , alleged
constitutional violations when the BOP would not allow him to
leave home frequently to conduct field witnessing. The
inmate claimed that field witnessing was an essential tenet
of his belief as a Jehovah's Witness. SCRO did not have to
respond to this issue because the inmate subsequently made
threats of assault on a staff member and was returned to full
custody.

SITUATIONS OF INTEREST
FCC BEAUMONT
On Apri l 30, 1997, a tour of the FCI was provided to Judge
McNicholas, City of Beaumont. Judge McNicholas is formerly a
judge for Texas' Ninth Judicial District Court of Appeals.

FCI FORREST CITY
The institution received its first 39 inmates Apri l 22, 1997.

FMC FORT WORTH
The Honorable A. Joe Fish, U.S. District Judge for the Northern
District of Texas, and six of his sta ff members toured FMC Fort
Worth on April 23, 1997.

FCI THREE RIVERS
Edward Fox, Jr, v, Lieutenant Small. et al. Under PLRA
requirements, inmate has been assessed a $105,00 filing fee
pursuant to a court order, He continues to make monthly
payments,
Wilbert Vallier v, Dr. Rubin Harris, et aI., A-93-CA-041-AA
(WOfTX)
Pursuant to PLRA, inmate has been ordered to pay initial
partial filing fee in the amount of $12.57 by May 10,1997.

CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
Inmates Ezequiel Montes-Fierro and Louis Enriques·Hernandez,

were referred to the FBI for criminal prosecution in reference
to their possess ion of a gun (non-operational) formed out of

clay. The case was authorized for prosecution by the U.S.
Attorney's Office on April 23, 1997.
Inmates Juan Chapa and Fagundo Yanez were referred to the FBI
for criminal investigation stemming from a fight between the
two inm ates. The case was declined for criminal prosecution

with the approval of the Warden. Bureau disciplinary action is
pending.

FCI BIG SPRING
USA v. Jose Valenzuela-Hernandez and Jamie Estrada-Fernandez
A hearing was heard on April 15, 1997. Eight staff members
traveled to Lubbock, Texas, to testify against these two
inmates for the assault on Lt. Travis Gilbreath. Both inmates
were found guilty of the assault. Both inmates face a possible
ten year prison sentence, as career criminals, for their
actions. It is of interest to note that inmate Jamie EstradeFernandez originally accepted a plea -bargain deal for six month
sentence for his part in this assault. However, on April 1,

1997, he withdrew his plea and has opted for a jury trial.

FPC BRYAN
A d e c i s i o _ e not to pursue prosecution of Physician
Assistant
due to lack of credible witnesses. The
Warden is
oncurs with this decision. The U.S .
Attorney's Office have a lot of credibility with BOP and have
been supportive of our past prosecution efforts.

"

'0;\ U

A plea agreement has been reached in the Arnulfo Garcia case.
-Officer Garcia will plead guilty to the single count of Sexual
Abuse of a Minor or Ward (1 B USC 2243(b»; resign from his BOP

employment (already tendered); waive any administrative
remedies; and not seek law enforcement or prison employment
during his term of incarceration, probation, supervision, etc.

FMC CARSWELL
The ex-Chaplain has been indicted on one count under 18 USC
2243(b), Sexual Abuse of a Minor or Ward.
There are at least two potential staff prosecutions pending at
this time for sexual relations with inmates. These cases are
still under investigation.

FTC OKLAHOMA CITY
On March 26, 1997, the SHU officer notified the Lieutenant that
inmate Hippolito Tamayo-Macia had possibly been sexually
assaulted by inmate Rene Cruz-Garcia. Inmate Tamayo-Macia
stated inmate Cruz pressured him for sex, and when he refused,
inmate Cruz shoved him in the chest and his head hit the wall.
Inmate Tamayo had a contusion on the back of his head. The FBI
was notified and determined this matter does not warrant
referral to the U.S. Attorney's Office. The Warden concurs
with this decision.
On March 29, 1997, an officer observed inmates Eduarado Muniz,
and Enrique Guerra-Ramirez kicking inmate Jesus HernandezMartinez in the facial and chest area. Inmate Hernandez was
lying in the doorway of the unit 1V room bleeding profusely
from the facial area. Inmate Hernandez had a broken nose,
ruptured left eardrum, laceration on the right eyebrow, and
assorted abrasions, and was transported to a local hospital for
treatment. Inmate Guerra had a laceration on his right hand,
and inmate Muniz had no injury. The FBI was notified and
determined this matter does not warrant referral to the U.S.
Attorney's Office. The Warden concurs with this decision.
On April 7. 1997, inmate Anthony Irving refused to be placed in
restraints to be moved from the SHU recreation area back to his
cell. Confrontation avoidance procedures were initiated. and
inmate Irving agreed to cuff-up. While being escorted back to
his cell. inmate Irving passed the SHU officer and spat in his
face. became verbally abusive, and began resisting escorting
staff. Inmate Irving had to be restrained. The FBI was
notified and determined this matter does not warrant referral
to the U.S. Attorney's Office. The Warden concurs with this
decision.
On April 16. 1997, inmate Mario Rodriguez-Rangel was ordered
several times to face the wall and remove his clothes so that
he could be strip searched for admission into SHU. The inmate
became argumentative and attempted to strike one of the
officers with his right fist. Inmate Rodriguez was restrained.
Inmate Rodriguez received abrasions to his back, elbows, and
forehead, and the acting Lieutenant received a small abrasion

under his left eye and a one-inch scratch on the top of his
head. The FBI was notified and determined this matter does not
warrant referral to the U.S. Attorney's Office. The Warden
concurs with this decision.
This is an update regarding a staff person, Mr. McManus. Mark
Yancey, AUSA, confirmed that the case was referred back from
the state and that the case has been referred to Civil Rights
Division. However, the AUSA also indicated that it is not out
of the hands of the U.S. Attorney's Office. The U.S.
Attorney's Office and the Civil Rights Division are working the
case together. The employee resigned.

FCI TEXARKANA
On April 10, 1997, the Central Office reported receipt of a
letter purportedly from the U.S. Attorney's Office in Dallas,
threatening to kill an Assistant U.S. Attorney and Judge if
inmate Jerry Wilkins' sentence was not overturned. This letter
was written by inmate Raymond Espinoza. Initial information
indicates thai Wilkins had made these statements to Espinoza
indicates that Wilkins had made these statements to Espinoza
and Espinoza was relaying these threats. This incident was
referred to the FBI on April 14, 1997.

FCI THREE RIVERS
Sergio Montes-Ortiz spit on three staff members while in
Special Housing. Incident has been referred to AUSA for Minor
Assault on Staff. According to SIS, the AUSA is interested in
prosecuting. Pending staff/inmate interviews by FBI.

PERSONAL ISSUES
Michael Hood -

May 5-7
- Staff Assistance
Visit, FCI Forrest
City
May 19-23
- Navy Reserve
Training
May 27-June 2
- Annual Leave

Linda Nutt

-

May 27

Henry Castro Patsy Davis

May 23

-

Marsha Foulks Bill Shively -

- Annual Leave

May 30-June 6

- Annual Leave

May 5, 1997

- Annual Leave

May 12-16,1997

Dan Severson Mike Flagor

- Annual Leave

May 5-9, 1997

- Annual Leave
- Annual Leave

- Will be taking intermittent annual
leave for the next. 90 days.

u.s. Department of Justice
Federal Bureau of Prisons

South Central Regional Office

Dallas , Texas 75219
May 30, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood , Regional Counsel

SUBJECT:

Monthly Report· May, 1997,

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR MAY JUN JUL AUC SEP OCT NOV DEC
# Received
# Answered

144 111 139 145 118
52 61 69 98 85

TORT CLAIMS
JAN FEB MAR APR MAY JUN JUL AUC SEP OCT NOV DEC
# Pending
151 153
# Received
51 40
# Answered
50 33
# Pending
152 160
# Over Six Mon 0 0

159 164 175
40 49 91
40 41 59
159 172 207
0 0 0

FOI/PRIVACY
JAN FEB MAR APR MAY JUN JUL AUC SEP OCT NOV DEC
#
#
#
#
#

Pending
80 108 125 91 89
Received
47 34 27 41 41
Answered
19 17 61 43 18
Pending
108 125 91 89 112
Over 30 Days 72 91 64 48 71

LlTiCATION
JAN FEB MAR APR MAY JUN JUL AUC SEP OCT NOV DEC
New Cases Recd 32 36 31 23 15
Cases Closed 3 9 10 6 9
Habeas Corpus 25 23 25 17 9
Bivens
4 8 6 4 4
FTCA
32012
Other
0 3 0 1 0
Lit Reports 23 19 33 23 17

Cases With Hearing
or Trials
2 0 4 3 3
Cases With Settlements
or Awards
0 0 1 0 0
FTCA Administrative
Claims (Prop.) 0 0 0 0 9

SICNIFICANT CASES
Gerald Paul Esposito v. George E. Killinger. et al.,
4:97-CV-288-Y (NDrrX)
Multi-defendant civil action filed by FMC Fort Worth inmate
claiming deliberate indifference to his serious medical needs.
He also names three contract physicians and the administrator
of North Texas Health Sciences Center. He raises issues
concerning exposure to secondhand smoke, failure to provide
medical diet, and failure to provide adequate care for his
medical needs.
Kevin Thomas Ford v. Robert Guzik. et al.
CIV-97 -0233-R (WOlaK)
An FTC Oklahoma City inmate claims staff entered his cell and
struck inmate's head, arms, and hands with Folger-Adams keys
and knocked inmate into the shower. Inmate seeks $750,000.00
in compensatory damages and $750,000.00 in punitive damages
ESTATE OF KENNETH MICHAEL TRENTADUE. ET AL.
V. UNITED STATES. ET AL.
CIV-97-849L (WOlaK)
Action involves death of an inmate at FTC Oklahoma City in
August 1995. Bureau of Prisons believes inmate committed
suicide. Inmate's family believes staff murdered the inmate
and that Bureau of Prisons' officials are now covering up the
incident. Plaintiff asserts both Bivens and FTCA theories.

CASES WITH SETTLEMENT OR AWARD
None

CASES WITH HEARINCS OR TRIAL
On May 6, 1997, inmate Ronnie D. Boyd was given a detention
hearing for the misdemeanor assault of Acting Captain Marcus
Fernandez, which occurred during the December disturbance.

Mr. Fernandez was assaulted when inmate Boyd threw urine and
feces on him. The detention hearing was necessary as Boyd was
released on May 5,1997, via GCT release. The Court ordered
Boyd held without bond due to the danger he posed to the
community.
Jean May Chessor had a commitment hearing at FMC Carswell under
18 U.S.C. 4246. The Judge committed the inmate for
hospitalization.
On May 29, 1997, a hearing was held in a Dallas circuit court
regarding issues about a Seagoville staff member's appearance
in a capital murder case in Kansas City, Missouri. The state
Judge held that the appearance was not required because a video
deposition could be taken in lieu of his appearance. We raised
objections under the Touhv regulations. A video deposition was
taken on the same date.

SICNIFICANT TORT CLAIMS
On May 6, 1997, staff vehicles parked in the parking lot at FTC
Oklahoma City were damaged when Facilities staff and inmates
were spraying paint on the baseball backstop fence. To date,
we have received seven claims ranging from $174.00 to
$1,500.00. As reported by Warden Guzik, there is some
indication that approximately 180 vehicles sustained some type
of damage.
Inmate Vernon Ray Robertson at FTC Oklahoma City alleges staff
were negligent in failing to protect him from a state prisoner
whom the BOP knew was violent. Inmate claimed he was assaulted
and sustained numerous injuries, including a broken hand and a
crooked finger because it was not set properly. Inmate
Robertson s~eks $300,000.00 in comparison.
The SCRO offered settlement to David Nolte, a Texarkana
employee, in the amount of $1,938.19 for damage sustained to
Mr. Nolte's pickup, which was struck by an unsecured barrier
gate. The sum certain is in the amount of $1,942.49.
(T-SCR-97-172)
Abdul Mohammed Haliq of FMC Fort Worth, alleges he slipped and
fell on a wet floor. Allegedly there were no signs posted
warning of the wet floor. As a result of his fall, he alleges
he broke his back. Claims personal injury in the amount of
$1,500,000. Investigation pending. (T-SCR-97-112)

SICNIFICANT ADMINISTRATIVE REMEDIES
None

UPCOMING TRIALS OR HEARINGS
None

MEDICAL MALPRACTICE:
LITIGATION
See Significant Cases heading.

TORTS
RODRIGUEZ-GONZALEZ, Juan - Mr. Rodriguez-Gonzalez alleges that
during February 1996, medical staff at FCI Texarkana
misdiagnosed and performed negligent treatment to his eyes. He
contends that laser photocoagulation on his eyes was not
performed properly and as a result he has sustained permanent
damage to his eyes. He seeks $150,000.00 in damages. Mr.
Rodriguez-Gonzales was released on May 6, 1997, to INS custody
in Dallas, Texas. (T-SCR-97-155)
ESTUPINAN-VASQUEZ, Emery - alleges negligent medical attention
by La Tuna staff in treating an inmate's injury allegedly
sustained while playing soccer. After investigating the claim,
the Health Services Administrator determined there was a
significant delay in providing treatment to the inmate.
Specifically, the inmate complained of his injury in May and
June of 1994, but wasn't seen by the Orthopedic SpeCialist
until November 20, 1994. The two year limitation has passed.
Nevertheless, the claim was accepted for investigation by the
agency. (T-SCR-97-086)
WOODS, CAROLYN - Ms. Woods is presenting a claim on behalf of
Audrey M. Woods, Nathaniel Woods, and herself. Ms. Woods, an
inmate at FMC Carswell, alleges that staff at FMC Carswell
failed to provide her mother, inmate Elizabeth Scallion,
emergency medical care when she suffered a cardiac arrest on
November 8, 1996. Ms. Woods further claims that staff
prevented a "licensed inmate paramedic" from providing life
saving techniques. The claim is being rejected because Ms.
Woods did not meet the requirements of Title 28 CFR 14.3 for a
wrongful death claim. (T-SCR-97-178)
JAMIESON, Alisa - alleges she has a history of bladder and
kidney troubles and is allergic to sulfa/sulfer. However, the
staff at FTC Oklahoma City prescribed Bactrium, which is a
sulfa-based medication. Inmate claims her condition has
worsened and she is in pain and discomfort. Inmate seeks
$50,000 in compensation. (T-SCR-97-189)
FTC Oklahoma City inmate, John Rohrbach, claims that while he
was cleaning the stainless steel in Food Service, chemicals got

in his eye and that medical care was delayed. Inmate seeks
$15,000 in compensation. (T-SCR-97-176)
FANTROY, Richard - alleges at FMC Fort Worth he was given the
wrong medication, which has resulted in emotional distress and
inability to digest food properly. He claims personal injury
in the amount of $500,000. Investigation pending.
(T-SCR-97-74)

ENSICN AMENDMENT:
LlTICATION
None

TORTS
None

RELICIOUS FREEDOM RESTORATION ACT:
ADMINISTRATIVE REMEDY
LlTICATION
James v. Brush, 96-2707 (WD/LA)
The inmate, a Native American, alleges the Warden took a blue
colored headband and a red colored headband from him. The
inmate alleges the colored headbands were sacred, and he
needed them for religious purposes. No defendants have been
served in this case.

TORT
None

OTHER
None

PRISON LlTICATION REFORM ACT ORDERS
None

SITUATIONS OF INTEREST
FPC BRYAN
Judge Hoyt (SDITX) and staff will tour FPC Bryan on May 23rd.

FCC BEAUMONT
On April 30, 1997, Judge McNicholas and two associates of a
local law firm with, which he is now affiliated, were provided
a tour. Judge McNicholas is formerly a judge for Texas' Ninth
Judicial District Court of Appeal and is currently a City of
Beaumont Judge.
On May 20, 1997, the U.S. Attorney's Office, Eastern District
of Texas, local FBI, and U.S. Secret Service were given a tour.
On May 21,1997, Agents from the Immigration and Naturalization
Service conducted a citizenship survey at the construction site
for the medium security correctional institution. Several FCC
Executive Staff members met with one of the INS agents the day
before the action to prepare the Complex for any negative
repercussions. The action took place without incident. Less
than five construction workers were taken into custody for
purposes of determining citizenship status.
The LSCI rejected incoming publication entitled "How to Win
Disciplinary Hearings" authored by Alan Parmalee (former
federal prisoner). Publication was specifically rejected due
to its coaching of inmates on how to lie effectively.

FMC CARSWELL
An FBI agent, working on behalf of Independent Counsel,
interviewed staff on May 28-29 regarding allegations Susan
McDougal made in her Motion to Vacate Civil Contempt relating
to her confinement at FMC Carswell.

FCI FORREST CITY
On May 6,1997, United States Attorney Paula Casey and several
of her staff members visited the institution. The Regional
Counsel also attended this meeting.

FTC OKLAHOMA CITY
Warden Bob Guzik and Regional Counsel Michael Hood attended a
meeting with FBI and U.S. Attorney's Office.
Concurrent jurisdiction has been finalized.

CRIMINAL MATTERS AND PROSECUTIONS
FCI BASTROP
The January 25, 1997 altercation between inmates Edward Johnson
and Bruce Brown was referred to the FBI. Prosecution was
declined on the ground that neither party had sustained
sufficient bodily injury. The Warden concurs with this
decision.

FCC BEAUMONT
Ezequiel Monies-Fierro, Possession of Homemade Gun, and Loui.
Enriques-H ern andez, Possession of a Gun (non-operational)
formed out of clay. The case was presented to the grand jury
on May 28, 1997, EDfTX Beaumont.

FPC BRYAN
Arnulfo Garci p, a former correctional officer, was charged with
one count Criminal Information for engaging in a sexual act
with a female inmate . He faces a maximum sentence of 1 year
imprisonment and $100,000 fine .

FCI EL RENO
Mark 10ry, Possession of Narcotics. The U.S. Attorney's Office
declined prosecution due to lack of ev id ence linking Tory

directly to the narcotics . Warden accepts decision.
Smallwood, Elaine, civilian (visitor), False ID. The U.S .
Attorney's Offrce declined pra,se,cutlon
not
I

Danforth. James. Possession of Marijuana. The inmate was found
in the wrong unit and strip- searched. During the search, a

plastic bag was found on the inmate . Bag was tesled and found
to contain marijuana. Referred to FBI. U.S. Attorney's Office
declined to prosecute because of small amount. Warden does not

concur. Additional contact will be made with the U.S.
Attorney's Office.
Anderton, George, Possession of Marijuana. During a cell
shakedown, staff found a small amount of marijuana in a shirt

identified as belonging to Anderton. Referred to FBI.
Assistant U.S. Attorney declined due to small amount. Warden
accepts decision .
Hoffman, Aaron, Assault on Staff. Inmate grabbed staff
member's arm when staff member attempted to close food· slot on
the cell door. Referred to FBI. Assistant U.S. Attorney
declined prosecution due to no serious injury. Warden accepts
decision.
McQueen and Bryant, Possession of Weapon. During a cell
shakedown in SHU, staff found a four and one-half inch shank in
a mattress. Both inmates were assigned to the cell. Referred
to FBI.
Barajas-Arredo, Cain, Possession of Marijuana. Staff found
three corners of marijuana during a strip-search of the inmate.
Referred to FBI.

FMC FORT WORTH
On May 12,1997, at 7:55 p.m., Visiting Room officers observed
a visitor passing something to Sammy Longoria; which he placed
in his shoe. During a search, officers discovered two bags,
each filled with approximately 1/2 ounce of marijuana. He was
placed in Administrative Detention pending investigation. The
Assistant U.S. Attorney has agreed to prosecute.

FCIOAKDALE
Prosecution of Soeung Chhunn. In November 1996, Mr. Chhunn
stabbed inmate Locks. Mr. Chhunn was released to INS custody;
however, the U.S. Marshals Service has taken him into their
custody and returned him back to Louisiana. The U.S.
Attorney's Office has accepted this case for prosecution.

FTC OKLAHOMA CITY
On April 25, 1997, inmate Robert Casel struck Inmate Samuel
Deblasio in the mouth with a closed fist. Inmate Casel had no
noted injury. Inmate Deblasio had slight redness around the
.chin area. The FBI was notified and determined this matter
does not warrant referral to the U.S. Attorney's Office. The
Warden concurs with this decision.
On April 30, 1997, inmate Francisco Cancino-Rodriguez assaulted
inmate Ronnie Galante in the face with his head. Inmate
Rodriguez had no injuries, but inmate Galante sustained a deep
laceration to his right eyebrow which required four sutures.
The FBI was notified and determined this matter does not
warrant referral to the U.S. Attorney's Office. The Warden
concurs with this decision.
On May 16, 1997, inmate Ruben Herrera reported to staff that
the previous evening inmate Diego Martinez-Casanova forced him
the previous evening inmate Diego Martinez-Casanova forced him
to engage in sexual activities. Both inmates were examined by
medical staff and no injuries were noted. The FBI was notified
and the matter was referred to the Oklahoma City Police
Department. This matter is still pending.
On May 18, 1997, Unit Officer in 5E discovered inmate Jimmy
Potts hanging from a sheet tied around his neck and to the air
vents in his cell. Inmate Potts was taken to a local hospital
and placed on life-support. The FBI was notified, and the
matter was referred to the Oklahoma City Policy Department for
an investigation which remains pending.
On May 21, 1997, SHU inmate Michael Hollins refused to
surrender his food tray and proceeded to throw food from his
food tray attempting to hit the officer. Inmate Hollins
eventually surrender the food tray to the Operations Lieutenant
without further incident. The FBI was notified and determined
that this matter did not warrant referral to the U.S.
Attorney's Office. The Warden concurs with this decision.

FCI TEXARKANA
On May 15, U.S. District Court, Eastern District of Texas,
sentenced Inmate Morris Haughton to an additional 30 months for
possession of contraband in a prison. Inmate Haughton had
utilized a razor blade when assaulting another inmate.

FCI THREE RIVERS
Sergio Montes-Ortiz, inmate spit on three staff members while
in Special Housing. The inmate has been indicted by the grand
jury for Assault on Staff. Prosecution pending.
Patrick Colby requested protective custody after he was
assaulted in the living unit. He was hit in the mouth, which
resulted in minor bruising. The following inmates have been
referred to the U.S. Attorney's Office for assault: Shawn
Bulow, Richard Williams, Jerry Glass, Tony Owen, and Gerald
Lewis.

PERSONAL ISSUES
Michael Hood

-

Lisa Sunderman

May 29
- Met with U.S.
Attorney's Office
and FBI in Oklahoma
City.
-

June 1-5 - Sentencing
Training for Attorneys
Aurora, CO

Jason Sicker
-

- June 5-6 - Leave
June 11-13 - Leave

Paul Layer

- June 19-20 - Annual Leave
June 23

Barbara Wilson
-

-

June 1-5 - Sentencing Training
for Attorneys
Aurora, CO
June 28- - Annual Leave
July 5

Linda DuBose

-

Mike Flagor
An Tran

-

June 9-13

- Annual Leave

Continues to take sick and annual leave
June 1-5 - Sentencing Training
for Attorneys
Aurora, CO

Jeanne Whitecotton July 4

Julie Gerardi

-

June 19-

- Sick Leave

June 16-20 - Annual Leave

u.s. Department of Justice
Federal Bureau of Prisons
Dallas, Texas 75219

South Central Regional Office

July 2,1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:
SUBJECT:

Michael D. Hood, Regional Counsel
Monthly Report - June, 1997

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Received
# Answered

144 111 139 145 118 145
52 61 69 98 85 98

TORT CLAIMS
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Pending
151 153
# Received
51 40
# Answered
50 33
# Pending
152 160
# Over Six Mon 0 0

159 164 175 210
40 49 91 57
40 41 59 46
159 172 207 221
0 0 0 0

FOI/PRIVACY
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
# Pending
80 108 125 91 89 112
# Received
47 34 27 41 41 45
# Answered
19 17 61 43 18 108
# Pending
108 125 91 89 112 49
# Over 30 Days 72 91 64 48 71 4

LITIGATION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
New Cases Recd 32 36 31 23
Cases Closed 3 9 10 6 9
Habeas Corpus 25 23 25 17
Bivens
4 8 6 4 4 9
FTCA
3 2 0 1 2 3
Other
0 3 0 1 0 2
Lit Reports 23 19 33 23 17

15 28
25
9 14

20

Cases With Hearing
or Trials
2 0 4 3 3 4
Cases With Settlements
or Awards
0 0 1 0 0 0

SICNIFICANT CASES
Lemoine v. Falstead, 5:97-CV-109 (EDITX)
In this Bivens action, the inmate alleges FCI Texarkana staff
sexually harassed him to include touching. The allegations
were previously investigated by the Office of Internal Affairs
and our 515. Both failed to substantiate the charges.
Henry v. Brady. et aI., 97-334 (WO/LA)
The suit concerns an FCI Oakdale staff member's alleged use of
force on an inmate during a routine pat search. The inmate
attempted to hamper the pat search. The inmate was placed in
restraints and escorted to the Special Housing Unit. The
inmate alleges the staff member used excessive force placing
him in restraints and during the escort to SHU.
Lee v. Fleming, A-96-CA-548-SS (WDITX)
The Court ruled on May 30, 1997, that 18 U.S.C. Section 922(g),
Possession of a Firearm by a Convicted Felon, is not in itself
a crime of violence within the meaning of 18 U.S.C. Section
924(c)(3); therefore, the Bureau could not consider the
petitioner a violent offender for the purposes of sentence
reduction pursuant to 18 U.S.C. Section 3621(e)(2)(B). The
AUSA filed a motion for reconsideration; should the court deny
it, the Bureau plans to seek permission to appeal.

CASES WITH SETTLEMENT QR AWARD
a.

Adverse judgments
None

b.

Other settlements
None

CASES WITH HEARINCS OR TRIAL
Ahr v. Reno. et al. - 43-932-272 (SDrrX)
FPC Bryan reports that a Scheduling Conference was held in this
EEO civil action. The case was continued for 200 days in order
to provide Petitioner an opportunity to exhaust administrative
remedies regarding her assertion she was retaliated against by
staff at FMC Fort Worth. She states she went for an interview
for a teaching position and was allegedly queried about her
experiences at FPC Bryan and whether she planned to have
another baby (the subject of her initial EEO complaint). We
were ordered to provide Petitioner "blank forms" to file her
retaliation complaint, and there has been some confusion
regarding what forms are necessary to initiate an EEO
complaint. We were also ordered to provide Petitioner with a
"table of organization" of the EEO office in the Bureau of
Prisons, as Petitioner asserts a "bureaucratic runaround" in
her efforts to seek compliance with the August 1994 settlement
agreement. Both the court and the AUSA do not seem pleased
with the way Petitioner's EEO issues were passed from person to
person between 1994 and 1996.
On June 19, 1997, a TRO hearing was held by Judge McBryde on
the matter of Jimmy Lee Rebman v. USA. et al. Mr. Rebman is an
inmate at FMC Fort Worth seeking mandamuslinjunctive relief
relevant to an cornea transplant. Judge McBryde ordered the
government to meet with plaintiffs attorney the following day
with a plan of action or schedule for the cornea transplant. A
cornea transplant was scheduled to take place within two weeks,
with a follow-up cataract surgery once the transplant surgery
site heals.
State of Missouri v. Dennis W. Clark, CR-49586F. SCRO Attorney
attended a hearing where the Missouri Public Defender sought to
compel the testimony of an employee at FCI Seagoville in a
state court trial. The state court's subpoena was filed with a
Dallas County Court. We contested the motion under 28 C.F.R.
§ 16.22 et seg. The Public Defender's motion was denied.
However, a deposition was allowed.
On June 27,1997, FCC Beaumont legal staff attended a Treaty
Transfer Consent Hearing before Magistrate Judge Radford,
E.D.Tex., for inmate GUTIERREZ-LARA, Jorge. The U.S.
Attorney's Office requested the Legal Department's assistance
insofar as the inmate will be produced for the hearing and the
format is unknown to the AU SA.

SICNIFICANT TORT CLAIMS
FPC Bryan reports that the tort claim of Norma Carter has been
referred to the Office of Quality Management for additional

review. The response from OQM is anticipated by July 18,1997.
(T-SCR-97-28)
Inmate John Rohrbach claims he was cleaning stainless steel
when the chemicals got in his eyes and that he couldn't wash
his eyes because the only eyewash station had "boiling" hot
water. This is a work-related injury and falls under Demko,
except the inmate also alleges delay in receiving medical
treatment. Inmate seeks $15,000.00 in compensation
(T-SCR-97-176)
Inmate Vernon Ray Robertson alleges staff were negligent in
failing to protect him from a state prisoner whom the BOP
allegedly knew was violent. Inmate claimed he was assaulted
and sustained numerous injuries, including a broken hand and a
crooked finger because it was not set properly. Inmate
Robertson seeks $300,000.00 in compensation. (T-BOP-97-15)
Wali Muhammed, an inmate housed at FMC Fort Worth, alleges that
he is being deprived of functional electrical stimulation
therapy and other medical treatments for his paralysis. He
contends that he has completed the Bureau of Prisons 500 hour
drug program, but has been denied the one year release because
of a firearms conviction. Thus, he claims the denial of
medical care. Mr. Muhammed contends that the stimulation
therapy will allow him to regain his ability to walk.
Mr. Muhammed seeks $5,000,000.00 for neglect, mental anguish,
and emotional distress. (T-SCR-97-216)

SICNIFICANT ADMINISTRATIVE REMEDIES
None

UPCOMINC TRIALS OR HEARINGS
Banks v. USA. A-95-CA-292-SC (WD/TX)
This is an FCI Bastrop FTCA slip and fall case, allegedly
arising in Austin Unit as the result of inmate-set sprinkler
floods during the disturbance of July, 1994. As previously
reported, the case is scheduled for trial of Phase I, which
will address only the issue of U.S. liability, on August 4,
1997.
Robert L. Horey v Warden Frank Woods, C.A. No. C-97-292 (SDITX)
A Spears hearing is scheduled for July 14,1997. Plaintiff
alleges he suffered some liver damage as a direct result of

contact with toxic waste when his cell was flooded on April 6,
1996 at FCI Three Rivers. Inmate alleges he was not provided
with cleaning supplies nor allowed to wash his hands before the
morning and evening meals, and no portable toilets were
provided. Plaintiff alleges staff were deliberately
indifferent by failing to provide for his safety from exposure
to raw sewage. Plaintiff also alleges he suffered mental,
emotional, and physical damage by the loss of his UNICOR job as
a result of contact with raw sewage.

MEDICAL MALPRACTICE:
LITIGATION
None

TORTS
John Henry Topsy filed tort claim T -SCR-96-445 seeking
$750,000.00. Topsy claimed that the Bureau was negligent in
treating his dizziness after falls he said occurred in 1995
while at FCI Bastrop and an unnamed transfer facility. The
claim was denied.
Eric Michael Lawrence filed tort claim T-SCR-470 seeking
$60,000. Lawrence claimed that the Bureau was negligent in
treating his diabetes because he received his insulin as long
as two hours later in the day on weekends than on weekdays, and
because blood sugar levels were not conSistently tested on
weekends at FMC Fort Worth. The claim was denied.
FCI Texarkana inmate Juan Carlos Rodriguez-Gonzalez requests
$150,000.00 for personal injury. He alleges that medical staff
at FCI Texarkana misdiagnosed and mistreated his eyes. He
asserts further malpractice by their referral to doctors in the
community. Specifically, he states laser photocoagulation of
his eyes was not performed properly resulting in eye injury.
(T-SCR-97-155)
Inmate Charles McMeans contends that the medical staff at FMC
Fort Worth have denied him hip replacement surgery.
Mr. McMeans states that he needs hip replacement surgery due to
a fall he suffered at FCI Bastrop on the basketball court, and
most recently in the dining hall at FMC Fort Worth. Both
Mr. McMeans and his wife, Veronica McMeans, previously filed
separate administrative tort claims for damages they alleged
were caused when Mr. McMeans fell on the basketball court at
FCI Bastrop. Both claims were denied. He currently seeks
$1,500,000.00 in damages. (T-SCR-97-217)

ENSIGN AMENDMENT:
LlTICATION
Milford Topsy v. Michael Purdy. et. aI., CA-C-97-229, SDfTX
Inmate at FCI Three Rivers alleges his various rights have been
violated/denied due to BOP's implementation of the Ensign
Amendment because staff rejected three magazines. Plaintiff
challenges the Ensign Amendment as overly broad in defining
terms, unconstitutionally vague, and against his First and
Fourteenth Amendment rights.

TORTS
Inmate Kenneth Linn, FCI Seagoville, contends that as a result
of the Ensign Amendment he was no longer allowed to have
sexually explicit materials; therefore, his publications were
not forwarded to his requested location during the authorized
time frame. He claims damages of $13.90 due to BOP negligence.

RELICIOUS FREEDOM RESTORATION ACT:
ADMINISTRATIVE REMEDY
None

LlTICATION
None

TORTS
None

OTHER
Inmate William Mills received an incident report for
refusing to obey an order as he refused to be housed with
an African American inmate. During the investigation and
UDC, the inmate failed to raise any religious issues. The
inmate has filed a BP-9 citing his religious beliefs are
of a white separatist nature and he can not go against his
beliefs. He requests the incident report be expunged.
Sentry indicates religious preference as Native American.
Inmate claims his religious preference as Brotherhood of
the Will, which is not a BOP recognized religion.

PRISON LlTICATION REFORM ACT ORDERS
None

SITUATIONS OF INTEREST
FCC BEAUMONT
On June 3,1997, Paul Layer, Karen Summers, and Executive Staff
from the FCC Beaumont met with staff from the Executive Office
for Immigration Review regarding the Bureau's Institution
Hearing Program's implementation at the FCC Beaumont.
On June 17, 1997, as part of an initiative to explore videoconferencing capabilities between the FCC Beaumont and U.S.
District Court, a Spears hearing was conducted at the U.S.
District Court, E.D.Tex., Beaumont, Texas, via videoteleconferencing with an inmate in the Texas state prison
system. The various options and technologies were discussed
with Magistrate Judge Earl Hines and the U.S. Marshal for
possible implementation at the FCC Beaumont. The U.S. Marshal
expressed an interest in providing financial support insofar as
the system would reduce the need for Marshal transportation of
prisoners to and from court.
On June 20, 1997, 11 staff from the U.S. District Court,
E.D.Tex., including a Staff Attorney, toured FCC Beaumont.

CRIMINAL MATTERS AND PROSECUTIONS
FPC BRYAN
On June 9, 1997, former Correctional Office Arnulfo Garcia pled
guilty to one count of Sexual Abuse of a Ward. SentenCing is
scheduled for September 2, 1997.

FCC BEAUMONT
(Follow-up) A grand jury in E.D. Tex, Beaumont, Texas, indicted
inmates Ezequiel Montes-Fierro, and Louis Enriques-Hernandez
for possession of a weapon (clay, non-operational) in violation
of 18 U.S.C. § 1791(a)(2).
Referral to FBI regarding inmates involved in a fight. Inmates
Raymond Rideaux, Clarence Gillory, Octavio Armento-Ayala, and
Julio Valenzuela-Carillo. On June 2, 1997, the FBI/AUSA
declined prosecution, and Warden is not seeking
reconsideration.

FCIEIReno
On June 1,1997, at approximately 2:50 p.m., inmate Kenneth
Lawrence assaulted a staff member by throwing a cup of urine on
the staff member. The staff member was attempting to talk to
inmate Lawrence about the inmate's refusal to allow staff to
secure the food slot door. The incident has been referred to
the FBI.
On June 15, 1997, at approximately 9:40 a.m., as staff were
conducting a cell search of Unit 2, staff found five small
"corners" of marijuana in an inmate's locker. Staff
subsequently found another "corner" of marijuana during a pat
search of inmate Jaime Flores who was assigned to the cell and
locker where the other "corners" of marijuana were found. The
case was referred to the FBI.

FTC OKLAHOMA CITY
Sexual allegations involving a correctional counselor have been
raised and are being investigated by the Office of Internal
Affairs and Office of the Inspector General. The staff member
is on home duty status pending the investigation.
Update: On March 23, 1997, a correctional officer was charged
with Sexual Abuse of a Ward. Contact with the Assistant U.S.
Attorney revealed that this matter is pending further
investigation to determine whether a more severe charge is
appropriate.

FCI THREE RIVERS
Inmate Patrick Colby requested protective custody after he was
assaulted in the living unit. He was hit in the mouth, which
resulted in minor bruising. Prosecution was declined. Warden
concurs with this decision.

PERSONAL ISSUES
Mike Hood

- June 23-27
- Legal Service
Management
Review,
Springfield, MO
- July 21-25

- Annual Leave

- July 29-August 1 - Staff Assistance
Visit, FCI EI
Reno

Lisa Sunderman

- July 3

- July 14-18
Marsha Foulks
Linda Nutt

- Annual Leave
- Annual Leave

- July 28-August 1 - Annual Leave
- July 1-3

Georgeanne Osborn

- Annual Leave

- July 14-18

Jeanne Whitecotton - June 19-July 4
Barbara Wilson
Martin Sweaney

- June 28-July 6
- One week/July

- Annual Leave
- Sick Leave
- Annual Leave
- Annual Leave

u.s. Department of Justice
Federal Bureau of Prisons
., South Central Regional Office

Dallas, Texas 75219
July 5,1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:
SUBJECT:

Michael D. Hood, Regional Counsel
Monthly Report - July, 1997

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
NOV DEC
# Received 144 111 139 145 118 145 146
# Answered
52 61 69 98 85 98 74

TORT CLAIMS
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
NOV DEC
# Pending
151 153
# Received
51 40
# Answered
50 33
# Pending
152 160
# Over Six Mon 0 0

159 164 175 210 219
40 49 91 57 57
40 41 59 46 88
159 172 207 221 188
0 0 0 0 0

FOI/PRIVACY
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
NOV DEC
#
#
#
#
#

Pending
80 108 125 91 89 112 49
Received
47 34 27 41 41 45 34
Answered
19 17 61 43 18 108 36
Pending
108 125 91 89 112 49 47
Over 30 Days 72 ·91 64 48 71 4 13

LITIGATION
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT
NOV DEC
New Cases Recd 32 36 31 23
Cases Closed 3 9 10 6 9
Habeas Corpus 25 23 25 17
Bivens
4 8 6 4 4 9

•

15 28 24
25 13
9 14 20
1

FTCA
Other
Lit Reports
Cases With
or Trials
Cases With
or Awards

2 0 1 2 3
3 0 1 0 2
23 19 33· 23 17
Hearing
2 0 4 3 3 4
Settlements
0 0 1 0 0 0
3

0

2
1
20 13
1
1

SICNIFICANT CASES
Fowler v. USA, 97-2006 (ED/LA).
Coleatha Fowler and Adrian Perry brought a Federal Tort Claims
action in the Eastern District of Louisiana. Fowler and Perry
are the administrators of the estates of Richardo E. Lopez' two
minor children. Lopez was murdered by Albert Young while Young
was participating in the Bureau of Prisons' home confinement
program. Plaintiffs allege that the Bureau failed to properly
monitor Young's home confinement.
McAlpine v. Thompson, 94-1406-L (WOlaK).
This case has reached the 10th Circuit Court of Appeals. The
case involved our denying the inmate his use of peyote during
religious ceremonies. However, because the inmate was released
from BOP custody in November 1996, the AUSA will argue that the
petitioner's request for relief is moot.

CASES WITH SETTLEMENT OR AWARD
a.

Adverse judgments
In Martinez v. Fleming, A-97-CA-010-SS (WOITX), an FCI
Bastrop habeas petition, Judge Sparks ruled that an inmate
convicted of 21 U.S.C. Section 841 (a) (1) with a two-point
enhancement for possession of a weapon in connection with
a drug offense is not a violent offender for the purposes
of early release under 18 U.S.C. Section 3621 (e).
In Donald Pettigrew v. Fleming, A-97-CA-088-SS (WDITX),
another FCI Bastrop habeas petition, Judge Sparks ruled
that inmate convicted of 21 U.S.C. Section 846 with a twopoint enhancement for possession of a firearm during the
course of the conspiracy is not a violent offender for the
purposes of early release under 18 U.S.C. Section 3621 (e).
This order was entirely unexpected. The court never
issued a show-cause order; therefore, neither institution
staff nor the U.S. Attorney's Office were aware of the
petition. Judge Spark's wrote that "(t)he Magistrate
Judge concluded that the petition presented an issue of
law and did not require the respondent to answer the
petition."

•

b.

other settlements
Wright v. Miller. The final settlement of $2,500.00 was
accepted by the plaintiff, with no admission of
liability . The case involved alleged excessive use of
restraints during a bus trip. The plaintiff agreed to
convert this Bivens action into an FleA action .

CASES WITH HEARINGS OR TRIAL
Robert Horey v. Warden Woods, et aI., C.A. No. C-97-292
(SDfTX). A Spears hearing was conducted on July 14, 1997. The
Magistrate Judge is to submit her recommendation within 20 days
from the hearing date .

SIGNIFICANT TORT CLAIMS
Wholesale Petroleum, a convenience store. has filed a claim for
damages received when a BOP semi truck, driven by FCI EI Reno
staff, struck a canopy covering the fuel pumps. Claimants are
seeking approximately $20,000.00 in damages. (T-SC R-97-281)

Brian Fuller has filed a tort claim requesting damages in the
amount of $3,241 ,000.00. This claim replaces a lawsuit the
inmate voluntarily dismissed. Inmate filed his lawsuit pro se,
but has now hired an attorney for his tort claim . Allegations
in the tort claim originated at FCI Seagoville, but also
involve FCI Three Rivers and FCI Bastrop. Inmate is requesting
compensation for delay in surgeries (two); retaliation;
allergic rea ction to medication: loss of future earning
capacity: disfigurement; future medical expenses; and future
pain and suffering . Throughout the proceedings for the
lawsuit, the AUSA and Clinical Director were confident there
was no BOP negligence.

SIGNIFICANT ADMINISTRATIVE REMEDIES
None

UPCOMING TRIALS OR HEARINGS
Phase One of Banks v. USA, A-95-CA-292, is going to trial on
August 11 for the purposes of determining whether the U.S. is
liable for a supposed slip and fall in 1994 at FCI Bastrop.
Should the U.S. prevail, Phase Two will be tri ed at a later
date regarding the calculation of damages.

Caldwell v. United States, 92-1588 (WO/OK).
This 1989 FTCA case is tentatively scheduled for trial in
September. Depositions and discovery pending.

MEDICAL MALPRACTICE:
LlTICATION
None

TORTS
GUERRIERI, Mario - Mr. Guerrieri, an inmate housed at FMC Fort
Worth, alleges that he contracted a staph infection after he
underwent surgery at the contract hospital (Texas Osteopathic
Hospital) in Fort Worth, Texas. He contends that after the
surgery he was returned to the institution and on the third day
he was told that he had a staph infection from either the
"doctor's tools or from the operating room." Mr. Guerrieri
also contends that medical staff at FMC Fort Worth have failed
to treat him for a nerve condition which resulted after he had
two strokes in a county jail. Mr. Guerrieri seeks $750,000.00
for past and future pain and suffering. (T-SCR-97-276)
JAMIESON, Alisa - Ms. Jamieson alleges that while she was
housed at FTC Oklahoma City, BOP medical staff administered a
sulfa drug. Further, she states that the PA acknowledged that
the drug she had been prescribed was sulfa, immediately
confiscated the medication, and ordered new medication.
Ms. Jamieson states that she did not receive any of the
medications and as a result of her high fever she became
dehydrated and was taken to a Icoal hospital for treatment.
She seeks $50,000.00 in damages (T-SCR-97-189)
RODRIQUEZ, Jesus - Mr. Rodriquez, an inmate housed at FMC Fort
Worth, alleges that he fell while he was housed at the EI Paso
County Jail, prior to being sentenced, and sustained a hernia.
The sentencing judge recommended that he be housed at a medical
facility in order to have the hernia surgically repaired.
Mr. Rodriquez contends that medical staff at FMC Fort Worth
have refused to provide the surgical repair because his
sentence is too short. Mr. Rodriquez seeks $1,500,000.00 for
past and future pain and suffering. (T-SCR-97-298)

ENSICN AMENDMENT:
LlTICATION
Received favorable Report and Recommendation from the
Magistrate Judge in the Harrell case. We expect that a
favorable final order is forthcoming.

Milford Topsy v. Michael Purdy. et aI., CA-C-97-229 (SDrrX).
Dismissed under PLRA requirements because inmate failed to
satisfy filing fees.

TORTS
ROBERTS, Tim - Mr. Roberts has filed a claim in the amount of
$49.71 as compensation for four High Society; three Hustler;
and one Gorgeous Fat Ladies magazines. Mr. Roberts alleges
that the magazines were confiscated when he was placed in the
Special Housing Unit at FCI Big Spring, and staff failed to
inventory the magazines due to the new Ensign law.

RELICIOUS FREEDOM RESTORATION ACT:
ADMINISTRATIVE REMEDY
None

LlTICATION
See Significant Cases heading.

TORTS
OTHER

PRISON LlTICATION REFORM ACT ORDERS
Pedro De La Torre, 4:97-CV-056Y, Appellate dismissal.
See Topsy under Ensign Amendment.

SITUATIONS OF INTEREST
FMC CARSWELL
We are encountering many staff claims for various types of
damage to their automobiles and property caused by construction
debris. Negotiations with the contractor are in progress.

FCIOAKDALE
Inmate Melvin Deutsch has been transferred to FCI Oakdale for a
possible deportation hearing. Inmate Deutsch has requested in
the past week approximately 50 tort claim forms. Inmate
Deutsch will probably continue to seek additional tort claims
and administrative remedies for perceived wrongs.

FCI TEXARKANA
The Texarkana Division of the Eastern District of Texas has
been given preliminary approval for a full-time magistrate.
One consideration for this approval is the heavy inmate lawsuit
docket from inmates at the Texas Department of Corrections.
Currently, FCI Texarkana's litigation is assigned to a
magistrate from the Tyler Division.

CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
A criminal trial is scheduled for August 25, 1997, in the
EDITX, Beaumont, Texas, for federal inmates Montes-Fierro,
Ezequiel and Enriques-Hernandez, Louis, for possession of a
weapon (clay, non-operational) in violation of Title 18 U.S.C.
Sction 1791 (a)(2).

FCIEIRenO
On June 15, 1997, during a routine search of inmate Jaime
Flores's cell, staff found several small folded pieces of
paper. Upon unfolding the papers, officers discovered they
contained marijuana. The matter was referred to FBI and was
declined due to quantity. Warden accepts decision.
On July 10, 1997, during inmate Larry McKnight's release from
SHU, he pushed staff when they attempted to prevent the inmate
from maintaining possession of items of contraband. The matter
was referred to the FBI and declined due to the minor injury.
The Warden accepts the decision.
On June 8,1997, officers found a small amount of morphine in
inmate Roy Gardener's trash can during a cell search. While
escorting the inmate to SHU, staff observed a syringe fall from
the inmate's clothing. Referred to FBI; declined due to
small amount. Warden accepts decision.

FelOAKDALE
The institution has referred a case to the FBI and the U.S.
Attorney's Office for prosecution. The case has been accepted
for prosecution. The case involved two inmates, Richard Atkins
and Larry Peterson. Through the inmate telephone system and
family members, the inmates were controlling the sale of heroin
outside of the institution.

FTC OKLAHOMA CITY
Institution Phone Threat: Front Lobby Officer received a phone
call on July 2, 1997, from an unknown male who stated lithe
people who killed Trentadue better get off the property now, I
have seven trucks coming that way," and hung up when the

officer asked for his name and from where he was calling. The
FBI and Oklahoma City Policy Department were notified, and an
investigation continues. The FBI opted not to refer this
matter to the U.S. Attorney's Office. The Warden concurs.
Inmate Assualt: At approximately 7:15 p.m. on July 11 , 1997,
R&D staff noticed inmate Miguel Gomez bleeding from the facial
area . Inmate Gomez had a 3 em laceration about the right

eyebrow, which was treated, and he was placed in SHU . Three
inmates were identified as being involved . The investigation
is pending .

Inmate Assault: At approximately 9:40 p.m. on July 21,1997,
inmate Chrispus Taylor requested to see the Lieutenant for
protective custody reasons and stated he had been assaulted by
unknown inmate(s) at approximately 7 p.m. Inmate Taylor
received minor first aid for a contusion on the right side of
his forehead and was placed in the institution hospital for
observation. The search for the assailant was conducted but to
no avail. The FBI was notified. The investigation is pending.
Inmate Assault: R&D staff responded to a yell for help at
approximately 7:15 p.m. on July 23, 1997, and inmate Troy
Foehlich stated that inmates in the holding cell were beating
him up. The inmates were separated , and staff learned inmate

Ronald Burchett had assaulted inmate Foehlich by hitting him in
the facial and upper torso areas. The FBI was notified. The
investigation is pending.

FCI TEXARKANA
On June 28, 1997, at FCI Texarkana, staff observed inmate
Octavia Armenteros , strike inmate Ramon Lara-Lares with a
walking cane while on the Recreation Yard . Subsequent
investigation revealed that both inmates were involved in a

physical altercation. During the altercation, inmate LaraLares bit off a large portion of inmate Armenteros's ear. The
incident was referred to the FBI on June 30, 1997, who declined
to investigate the matter. The Warden concurred .

FCI THREE RIVERS
On June 10, 1997, Christopher Martinez and Bruno Diaz-Cruz were
attacked and stabbed with ice pick type weapons in a gang
related assault. Both inmates survived the attack and were
transferred to another institution. The following inmates have

been referred to the U.S. Attorney's Office for assault: Julio
Villanueva , Antonio Gonzalez, Raul Garza, Jacob Saca , Jose
Cadena-Diaz, Antonio Rios, and Santos Garcia.

The Enriquez Diaz-Enriquez case has been referred to the U.S.
Attorney's Office for simple assault. While in SHU, inmate
threw his food tray and drink through the food slot door,
striking staff in the left hand. No injuries were sustained .

PERSONAL ISSUES
Paul Layer
Darrel Waugh
Julie Gerardi
Carl Selogy

- July 28-August 13

- Annual Leave

- August 25-29

- Annual Leave

- August 4-8

- Annual Leave

- Carl has been selected as Firearms
Instructor at Glynco. During the week
of August 11th. he will be taking a
house hunting trip.

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219

September 4, 1997
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE.
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - August, 1997

~ C(C,o)

ADMINISTRATIVE REMEDIES
JAN
144
52

FEB
111
61

MAR

JAN
151
Pending
51
Received
50
Answered
152
Pending
0
Over Six Mon

FEB
153
40
33
160
0

MAR

FEB
108
34
17
125
91

MAR

Received
Answered

139
69

APR
145
98

MAY
118
85

APR
164
49
41
172
0

MAY
175
91
59
207

APR
91
41
43
89
48

JUN

JUL

145
98

146
74

JUN

JUL

0

210
57
46
221
0

219
57
88
188
0

MAY
89
41
18
112
71

JON

JUL

112
45
108
49
4

49
34
36
47
13

AUG
167
100

SEP

OCT

NOV

DEC

AUG
193
59
63
189
1

SEP

OCT

NOV

DEC

AUG
47
45
35
57
24

SEP

OCT

NOV

DEC

TORT CLAIMS

#
#
#
#
#

159
40
40
159
0

FOI/PRIVACY

#
#
#
#
#

JAN
80
Pending
47
Received
19
Answered
108
Pending
Over 30 Days 72

125
27
61
91
64

LITIGATION
JAN

w Cases Recd
ses Closed
Habeas Corpus
Bivens
FTCA
Other
Lit: Reports

32
3
25
4
3
0
23

FEB
36
9
23

MAR

8

6

2
3
19

Cases With Hearing
0
2
or Trials
Cases With Settlements
- or Awards
0
0

MAY

JUN

JUL

0
0
33

APR
23
6
17
4
1
1
23

15
9
9
4
2
0
17

28
25
14
9
3
2
20

24
13
20
1
2
1
13

AUG
15
14
11
1
1
2
9

4

3

3

4

1

1

1

0

0

0

1

3

31
10
25

SEP

OCT

NOV

SIGNiFiCANT CASES
Anez S. Robinson y. United States of America. C.A. No. 97-051,
(SD/TX).
Plaintiff alleges that he broke two metal rods in his
back when he fell from an exercise bicycle. ,A broken seat on the
bicycle caused the fall.
Plaintiff alleged BOP employees were
the proximate cause of his injury by not insuring the seat on the
exercise bicycle was tight before allowing inmates to use it.
Plaintiff alleges nothing has been done to repair the broken rods
and he is totally disabled and unable to work.
Plaintiff claims
undue physical/emotional pain and suffering and is seeking
$3,000,000.00, and any other relief deemed appropriate by the
court.
Rocba y. Reno, A-97-CA-S49-SS (WD/TX), was filed pursuant to
Title VII of the Civil Rights Act' of 1964. Plaintiff alleges
discrimination based upon national origin and age when another
person was offered the position the plaintiff sought at FeI
Bastrop.
Lee. Martinez. and Pettigrew.
These three FeI Bastrop 3621(e)
adverse decisions by Judge Sam Sparks have been recommended for
appeal by the Bureau to the Department of Justice. We are
waiting for a formal decision by the Department of Justice;
however, a provisional Notice of Appeal has been filed on the ~
case.
CASES WrTB SETTLEMENT OR AWARD

a.

Adverse judgments
The Paas y. Henman case from FDC Oakdale was settled for
$2,500 and converted from a Bivens to an FTCA case.
The case involved allegations of improper placement

DEC

of the inmate in Administrative Detention when
inmate threatened to file lawsuits and sent
threatening correspondence to the Warden.
Caldwell v. United States (WO/OK). This 1989 FTCA case from
FCI El Reno was settled for $1,000.00.
Sinks y,Slade, EP-97-CA-116-F. The FCI La Tuna petitioner
challenged the BOP's determination that he was ineligible
for early release because his crime was considered a crime
of violence. The District Court ruled that the inmate's two
point enhancement cannot make him ineligible for early
release because it is not a conviction. The Bureau plans to
recommend an appeal; however, placement is currently being
sought for October 1997.
b.

Other settlements

CASES WITH HEARINGS OR TRIAL

a'"

(:

~~

Banks y, USA, A-95-CA-292 (WD/TX), was tried in Austin on
Augvst 11. Phase I only addressed the issue of whether the
United States was liable for the plaintiff's alleged slip and
fall in an FCI Bastrop housing unit in 1994. The Magistrate
Judge, citing a need to research the issue of the admissibility
of ·some of the evidence, has not yet ruled on the question of
liability.
SIGNIFlCAWT TORT CLAIMS

See Medical Malpractice Tort heading.
SIGNIFICANT ADMINISTRATIVE REMEDIES

FCI Texarkana reports that in Administrative Remedy 140091-F1,
the inmate is requesting to have his religion recognized as
satanism. FCI Texarkana is initially denying the request.
UPCOMING TRIALS QR HEARINGS
Anez S. Robinson v.United States of America, C.A. No. 97-051

(SD/TX). Spears hearing is scheduled for October 1, 1997.
Significant Cases heading.
3

See

FPC Bry an repo rts that Ahr v , Re no , a n EEO rel a ted civil action,
is scheduled for a hea ring in late Oct obe r , Plaintiff's counsel
will more t han li ke l y aga in a ssert t he Gove r nment has been non r esponsive to her r equ e sts; h owe ver, s he ha s yet to file the EEO
Complaint that the Court gave her l eave t o file in April,
MEDICAL MALPRACTICE :
LITIGATION
No ne
TORTS
See Si gnifi c ant To rt Claim h eading,
PETERSEN, Justin - Cl a ima nt asserts FCI Bastrop staff failed to
provide a proper pro st h esis a nd pro s t hetic socks for the
a mputated stump of his left leg , He a lso states that due to the
n eglige nce in the mai n tenance of a ha z ard o us situation in the
s hower and in his cell, cla i mant suff e red a fall in each of those
places, (T-NCR-97-150),
CARTER, Norma - A Me mo r a ndum of Law will be sent to DOJ via the
Central Office.
anticipated that a settlement offer of
$150,000
A denial let t er wa s sent to CIa

MAY, Charles - Mr. May is currently housed at FCI Oakdale;
h o wever, he alleges that he fell from a top bunk at FCI Bastrop
on August 5, 19 96 , Mr . May c o nt e nds t h at he has not received
p roper medical attention for the injuries to his back since the
fa'll. Mr. May further states that the Bureau of Prisons medical
staff failed to provide proper medical treatment for a knee
problem, which r e sulted in his falling from the top bunk at FC!
Bastrop. Mr. May seeks $500,000.00 for past and future pain and
suffering. (T-SCR-97-239).
JOHNSON, Timothy - Timothy Johnson filed a claim seeking
$50,000.00 for a knee injury he sustained at FCI Oakdale .
Mr. Johnson alleges that he fell while playing basketball on
December 29, 1996, and that he received physical therapy, which
was indicated as n ecess ary by a n Orthopedic Surgeon. He contends
4

the therapy was stopped on May 9, 1997, by the therapist because
he was not responding. He further states that the physical
therapist indicated that further medical evaluation was needed.
Mr. Johnson states that he suffers from numbness, swelling,
popping, and burning sensations due to the instability of his
left knee.
Mr. Johnson has submitted an amended claim and indicates that he
has received surgery, but continues to have problems with the
,knee. He also states that he was slapped by a staff-member and
has submitted a copy of an Administrative Detention Order, which
indicates that he was placed in SHU under protective custody on
July 14, 1997. He also has submitted a copy of a BP-10 which
notes that he was removed from protective cu~tody but continues
to be housed in Administrative Detention. The matter has been
brought to the attention of Internal Affairs.
(T-SCR-97-238) .
ENSiGN AMENDMENT:

, LITIGATION
None
TORTS
None
RELIGIOUS FREEDQM RESTORATION ACT:

ADMINISTRATIVE REMEDY
None
LITIGATION
None
TORTS
None
OTHER

None

5

PRISON LITIGATION REFORM ACT ORDERS
Cook v. BOP, CIV-96-2133-A, dismissed for failure to pay filing
fees.

SITUATIONS OF INTEREST
FCI BIG SPRING
On August 14, 1997, five court officers from the Kingdom of the
Netherlands visited FCI Big Spring to conduct a Grand Jury type
hearing.
The defendant, inmate Reny R. Boetius, is a c~tizen of
the Netherlands. Assistant United States Attorney, Tanya Pierce,
acted as Special Magistrate.

FTC OKLAHOMA
On August 12, 1997, a Federal Grand Jury, which convened to
investigate· the death of Kenneth Michael Trentadue, visited
the FTC to examine deceased inmate Trentadue's cell in general
population and in special housing.
Crime Stoppers held their quarterly meeting at the FTC on
August 13, 1997, as part of the Community Outreach Program.
Those who attended consisted of law enforcement personnel and
community leaders who gather quarterly to discuss the awarding of
funds/rewards to those who contributed to the capture of wanted
criminals.
On August 21, 1997, the second anniversary of former inmate
Kenneth Michael Trentadue's death, his family along with
supporters and community human rights activists staged a
demonstration in front of the institution entrance. There were
approximately 30-40 demonstrators present, along with television
affiliates and two radio stations.
CRIMINAL MATTERS AND PROSECUTIONS

FCI BIG SPRING
A staff member from Fcr Big Spring was charged with violation of
18 U.S.C. Section 2241(a) for the sexual assault of an inmate.
The Correctional Officer was released on his own recognizance on
August 22, 1997. The U.S. Attorney's Office advised Big Spring
that the Civil Rights Division of the Department of Justice
authorized the U.S. Attorney's Office to handle the case.
Employee is scheduled to appear before the Grand Jury on
September 22, 1997.
6

United States v. Boyd. Boyd recently entered a guilty plea for
the December 1996 assault of Acting Captain Marcus Fernandez.
Boyd threw urine and feces on the Captain during the December
disturbance at Fcr Big Spring. Inmate Boyd was sentenced on
August 24, 1997, to eight months imprisonment with over three
months jail time credit.

FPC BRYAN
Former correctional officer pleaded guilty to one count of Sexual
Abuse of a Ward [18 U.S.C. §2243(b)], and was sentenced ~o five
years probation, three months home confinement, and a $2,500
fine. The former staff member waived his criminal and
administrative appeal rights as part of the plea agreement and
cannot seek a law enforcement position during the period of his
probation.
FMC CARSWELL

Former staff member at FMC Carswell was sentenced to six monti{:-"
prison time, one year supervised release, and a $5,000 fine.

FCl: El Reno
On July 28, 1997, during a routine pat search of inmate ValdezLopez in Food Service, staff found a latex glove filled with a
green leafy substance, which was later determined to be
marijuana. The matter has been referred to the FBI.
On August 8, 1997, unit officer walked into a cell an observed
inmate Samuel Williams holding a bag containing a green leafy
substance. The inmate pushed the officer and attempted to flush
the substance down the toilet. The matter has been referred to
FBI.

FCl: FORREST CITY
On July 27, 1997, officers found mar1Juana during a shakedown.
Inmates Jason Johnson, Kevin West, and Ramon Weeks were escorted
to SHU. The case has been accepted and assigned to Assistant
u.S. Attorney Michael Johnson, Eastern District of Arkansas.
On August 4, 1997, inmate Marcus McKinney was found threatening
an Act of Violence (a letter he wrote was found to contain the
threat). The case has been accepted and assigned to Assistant
U. S. Attorney Michael Johnson, Eastern District of Arkansas.

7

On July 27, 1997, officers found mar~Juana during a shakedown.
Inmates Anthony Moore, Michael Caldwell, Adrian McCray, Stefan
Antone, and Kevin Victor were escorted to the SHU. We will be
notified later as to the cases being accepted or rejected.
FMC FORT WORTH
A staff member was questioned by FBI agents concerning possible
introduction of narcotics. He requested an attorney and
questioning was stopped. He is currently on home duty.
The
matter remains under investigation.
FTC OKLAHOMA CITY
On August 4th, inmate Edilberto Morales was involved in a fight
with inmate Dion Anagal, and was later assaulted by inmate
Denison Yazzie in the Unit 3C TV room.
Inmate Morales had minor
injuries, from either the fight or the assault, and inmates
Anagal and Yazzie had no injuries. The FBI was notified
regarding the assault and the investigation continues.
On August 17, 1997, the unit officer learned inmate Brandon
Glover had been assaulted and sustained several large swoll~n
abrasions on his forehead requiring immediate medical attention.
Inmate Glover was transported to an outside medical facility and
remained overnight. Staff learned from other inmates that 15-19
black inmates went into inmate Glover's cell and banged his head
against the floor and beat him until inmate Glover was
unconscious. Mass interviews of inmates on the unit were
conducted, and the unit was locked-down until la~er that
afternoon. The FBI and Marshals were notified and the
investigation continues.
FCI THREE RIVERS
On June 1.0, 1997, Christopher Martinez and Bruno Diaz-Cruz were
attacked and stabbed with ice-pick-type weapons in a gang related
assault. Both inmates survived the attack and were transferred
to another institution. The following inmates have been referred
to the u.s. Attorney's Office for prosecution for their
involvement in the assaults: Julio Villanueva, Antonio
Gonzalez, Raul Garza, Jacob Baca, Jose Cadena-Diaz, Antonio Rios,
and Santos Garcia.
Pending notification from u.S. Attorney
Office whether case will be prosecuted.
On August 25, 1997, during a strip search in preparation for a
bus trip, a string was noticed in the rectum of Javier Luera.
After several orders to produce the item, the inmate removed the
8

item from his rectum and attempted to run away from staff. An
immediate use of force was initiated to gain control of the
inmate. A balloon type item recovered from the inmate contained
1.133 grams of brown tar heroin. The FBI has been contacted for
further investigation.
PERSONAL ISSUES

Lisa Sunderman

September 22-26

Leadership Forum
Alexandria, VA

An Tran

September 22-26

Leadership Forum
Alexandria, VA

Linda DuBose

September 22-26

Leadership Forum
Alexandria, VA

Jason Sickler

September 2-8

Institution
,
t 'l.on .o';'i~Ii.?~~;~.:;;.
Fam~'1':arl.za
Tral.nl.ng, FCC Beaumont··

Carl Selogy's last day will be September 26, 1997. A farewell
party is scheduled for September 17 at the Spaghetti Warehouse in
Arlington.

9

u.s.

Department of Justice

Federal Bureau of Prisons

Dallas, Texas 75219
October 3, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

~~~~l)l:1i~a~~~

ADMINISTRATIVE RBMBDIBS
JAN

FBB

MAR

JON

JUL

AUG

SBP

111
61

139
69

APR
145
98

MAY

144
52

118
85

145
98

146
74

167
100

172
106

JAN

FBB

MAR

APR

MAY

JON

JUL

AUG

SBP

151
51
50
152
0

153
40
33
160
0

159
40
40
159
0

164
49
41
172
0

175
91
59
207
0

210
57
46
221
0

219
57
88
188
0

193
59
63
189
1

185
54
49
190
0

JAN

FBB

MAR

APR

MAY

JON

JUL

AUG

SBP

80
# Pending
47
# Received
19
# Answered
108
# Pending
# Over 30 Days 72

108
34
17
125
91

125
27
61
91
64

91
41
43
89
48

89
41
18
112
71

112
45
108
49
4

49
34
36
47
13

47
45
35
57
24

57
50
59
48
7

JAN

FBB

MAR

APR

MAY

JON

JUL

AUG

SBP

32

36

31
10
25

23
6
17
4
1
1
23

15

28
25
14

24
13
20
1
2
1
13

15
14
11
1
1
2
9

28
9
14
10
3
1
17

# Received
# Answered

OCT

NOV

DBC

OCT

NOV

DBC

OCT

NOV

DEC

OCT

NOV

DBC

TORT CLAIMS
# Pending
# Received
# Answered
#

FOI/PRIVACY

LITIGATION
New Cases Recd
Cases Closed
Habeas Corpus
Bivens
FTCA
Other
Lit Reports

3

9

25
4
3
0
23

23
8
2
3
19

6

0
0
33

9

9
4
2
0
17

9

3
2
20

Cases With Hearing
0
2
or Trials
Cases With Settlements
0
0
or Awards

4

3

3

4

l.

1

4

1

0

0

0

1

3

1

SIGNIFICANT CASBS

Spaniol v. USA, 4:94-CV-237 (ED/TX). Wrongful death case
involving treatment at several institutions. The Court ruled in
our favor, stating that although there may have been some
negligence, it was not the proximate cause of his injury.
FCI La Tuna reports receipt of Jacquez v. United States. et al.,
EP-97-CA-3l.1-H. This is one of three cases involving the same
issue - that inmates were allowed to tak~ and successfully
complete certain college classes, but were never issued
transcripts for the completion of those classes. SCRO will
handle two of these cases.
CASES WITH SETTLEMENT OR AWARD

a.

Adverse judgments

Bobby James Cammock v. Bureau of Prisons et al.,
C.A.C-96-196, SD/TX. Court dismissed habeas petition.
Court concluded that possession of a firearm by an illegal
alien (922g) is not a "crime of violence" pursuant to 18
U.S.C. § 3621(e) (B). The Court further stated "this legal
conclusion does not mean that petitioner is entitled to a
one-year reduction in his sentence. Section 3621 makes
clear that the one-year reduction is discretionary with the
BOP." A reconsideration motion has been filed.
b.

Tort

Cla~

settlements

Vernon Robertson had filed a tort claim alleging staff
failed to protect him from a violent state inmate who
assaulted inmate Robertson causing him limited permanent
injury of his hand. Inmate Robertson was offered a
settlement of $1500, which he accepted. Attempts are being
made to contact the prosecuting AUSA to have the money
applied toward restitution instead of to claimant's inmate
account.
c.

Other settlements

None

·

CASES WXTR HBARXNGS OR TRXAL

Four Mental Health Commitment Hearings, under provisions of
18 U.S.C. 4245 were held at FMC Carwell.
SIGNIFICANT TORT CLAIMS

Horace Jackson, T-SCR-97-381, $1,500,000. FMC Fort Worth
alleging negligent infliction of mental anguish and emotional
distress for failure of BOP to surgically remove a G.K. nail from
his hip, causing pain and difficulty in walking.
Christopher Martinez, (T-SCR-97-338) and Bruno Diaz,
(T-SCR-97-357) were victims of an assault which occurred at FCI
Three Rivers during June 1997 (reported last month). Martinez is
requesting compensation of $60,000.00 for his injuries. Diaz is
requesting compensation of $30,000.00 for his injures. An
initial review of the SIS reports does not indicate the
institution was aware these inmates were in any type of danger.
FPC Bryan reports that a tort claim has been filed for wrongful
death regarding inmate Hortencia Flores-Cabrera. The inmate
suffered liver failure and died as the result of lNH-induced
Hepatitis. Health Services staff were disciplined regarding the
medical treatment afforded this inmate. There are concerns
regarding government liability. FPC Bryan is preparing a
memorandum of law to aid DOJ staff when considering whether to
offer a settlement in this case and how much the offer will be.
SIGNIFICANT ADMINISTRATIVE REMEDIBS·

None
UPCOMING TRIALS OR HEARINGS

McPhail v. United States. This FCl Big Spring case is
tentatively scheduled form hearing on October 29, 1997.
MEDICAL MALPRACTICB:
LITIGATION

Cancio v. John Stone, A-97-CA-544-SS (WD/TX). Bivens action
against HSA at FCI Bastrop alleging deliberate indifference in
treatment provided for an injured finger.

Martinez v. U.S.A .. Significant medical malpractice case,
alleging negligence by Bureau staff at FCI Bastrop, first by the
medical staff in failing to treat his ankylosing spondylosis
appropriately, and second by unit officers in failing to secure
medical attention while he suffered paralysis and excruciating
pain for several days.
TORTS
See significant tort claim heading.

ENSIGN AMENDMENT:
LITXGATXON
None
TORTS
Kenneth Herbert Linn T-SCR-97-109 and T-SCR-97-111. Inmate
complained that the Bureau of Prisons did not give inmates
sufficient notice of the new provisions of the Ensign Amendment
in time for inmates to contact and notify publishers to have
subscriptions routed to different mailing addresses.
RELIGIOUS FREEDOM RESTORATION ACT:
ADMXNXSTRATXVB REMEDY
Inmate Sheri Cohen at FMC Carswell alleges religious
discrimination by staff. Response is pending. The case
number is 139831-R3.
LXTXGATXON
None
TORTS
None
OTHER
None

PRISON LITIGATION REFORM ACT ORDERS
None

SITUATIONS OF INTEREST
FPC BRYAN
George Pruden II visited FPC Bryan on September 4, 1997, and made
a presentation at a staff recall regarding pertinent ethicsrelated issues .

Mike Hood visited FPC Bryan on September 16th and 17th in order
to review the legal services department and contrast our
practices with those Bet forth in the new peer review guidelines.

FTC OKLAHOMA
Congressman Tom Coburn's Chief of Staff, Carl Ahlgren, visited

and toured the FTC on September 23, 1997.

Also, Mr. Ahlgren has

called several times in connection with a $20,000 tort claim from
Wholesale Petroleum for damages to a gasoline service station.

The FTC obtained its JCAHO accreditation on September 24, 1997.

CRIMINAL MATTERS AND PROSECUTIONS
FCI BIG SPRING
a follow up to the reported criminal allegations against and
arrest of a staff member for sexual assault against an
inmate:
On September 24, 1997, a Federal Grand Jury in Lubbock, Texas,
True Billed a former correctional officer. He has been charged
with a violation of 18 U.S.C . 2241 (b) (2), Aggravated Sexual
Abuse. Tentative trial dates are November 3, 1997 or during the
weeks of December 1-14, 1997 .

FCI El Reno
Inmate Lindsay Saintill was observed assaulting another inmate
with a razor blade in front of the old Texas Housing Unit.
The
matter has been referred to the FBI for investigation and is
pending.

.

FCI FORREST CITY

On September 2, 1997, inmate Ramon Weeks assaulted a staff member
by throwing water. The case has been declined. The Warden
concurs.
On September 9, 1997, inmate Jason Johnson assaulted a staff
member by throwing water. The case has been declined. The
Warden concurs.
FMC PORT WORTH

On Saturday, September 27, 1997, the wife of Bradley Bazemore,

introduced 14 balloons of marijuana. The inmate was placed in
Administrative Detention pending investigation and a referral was
made to the FBI for possible prosecution.
FTC OKLAHOMA CITY

Inmate on inmate assault in R&D holding cellon September 5,
1997. The victim was treated for a laceration on his left
eyebrow. The FBI was notified and an investigation continues.
FCI SEAGOVILLB

The Assistant U.S. Attorney recently advised staff that the
following case has been accepted for prosecution. On
February 13, 1997, Inmates Valentino Gonzalez and Orner Wbayne
assaulted Inmate Marc Jordan, because they had been informed he
was testifying against a friend of Inmate Gonzalez'S. According
to the FBI, Inmates Gonzalez and Whayne will be charged with
tness tampering.
PCI TEXARKANA

On September 14, 1997, an off-duty staff member observed two

individuals running in a field near the Federal Prison Camp at
Texarkana. An emergency count was conducted and inmates Lloyd
Pinson and Alford Cason were placed on escape status. The two
inmates were observed approximately two hours later returning to
the. camp. On September 22, 1997, the U. S. Attorney's Office
declined to prosecute as there was insufficient evidence of an
escape. The Warden accepts the decision. On October 2, 1997,
both inmates appeared before the DHO and each were found guilty
of committing a 200 level escape offense.

~

PERSONAL ISSUES

Mike Hood

October 20-24

General Counsel
Meeting and New
Attorney Training
Washington, D.C.

Lisa Sunderman

October 10

Annual Leave

Jason Sickler

October 20-24

New Attorney
Training
Washington, D.C.

Bill Shively

September 30October 7

Annual Leave

October 12-25
Annual Leave
Covering for him during his absence will be Mike Morris, Camp
Administrator.
Mike Flagor will be out of the office alternating Monday
mornings.

•

**NOTE**
With mixed emotions our office wishes Henry Castro, Secretary,
the best of luck in his new assignment as Accounting Technician,
seRO. His last day in our office is Friday, October 3, 1997. He
will be missed immensely .

u.s.

Department of Justice
Federal Bureau of Prisons

Central Regional Office

Dallas, Texas 75219
November 5, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL.
CENTRAL OFFICE

FROM:

SUBJECT:

Michael D. Hood, Regional Counsel

f~onthly

Report - October ;.~. ·1997-;

AD)p:NI:STRATIVB RBIIBDXBS

JAN
I Receiv~d
I·Answered

144
52

FEB
111
61

MAR

I'D

MAR

153
40
33
160
0

159
40
40
159
0

I'D

MAR

108
34
17
125
91

125
27
61
91
64

I'D

MAR

36
9
23
8
2
3

31
10
25
6
0
0

19

33

139
69

APR
145
98

MAY

JON

JUL

118
85

145
98

146
74

APR
164
49
41
172
0

MAY

JON

JUL

175
91
59
207
0

210
57
46
221
0

219
57
88
188
0

APR
91
41
43
89
48

MAY

JON

JUL

89
41
18
112
71

112
45
108
49
4

49
34
36
47
13

APR
23
6
17

MAY

JON

JUL

15
9
9

28
25
14
9
3
2
20

24
13
20
1
2
1
13

AUG
167
100

SEP
172
106

OCT
176
109

NOV

DEC

AUG
193
59
63
189
1

SSP
185
54
49
190
0

OCT
196
56
47
193
0

NOV

DBC

AUG
47
45
35
57
24

SBP
57
50
59
48
7

OCT
48
39
38
49
10

NOV

DBC

AUG
15
14
11
1
1
2
9

SBP
28
9
14
10
3
1
17

OCT
25
16
17
7
0
1
27

NOV

DBC

TORT CLADIS
JAN
151
# Pending
51
I ~~ceived
50
'ered
#
.ing
152
#
0
# Over Six Mon
POI/PRZVACY
JAN
# Pending
80
# Received
47
# Answered
19
108
I Pending
lOver 30 Days 72
LITlGATXON
New Cases Reed
Cases Closed
Habeas Corpus
Bivens
FTCA

Other
Lit Reports

JAN
32
3
25
4
3
0
23

4

4

1
1
23

2
0
17

cases With Hearing
or Trials
2
0
Cases With Settlements
or Awards
0
0

0

4

3

3

4

1

1

4

3

1

0

0

0

1

3

1

1

SIGNIFICANT CASKS

Hagenson v. Fleming, A-97-CA-0601, (WD/TX), Garcia v. Fleming,
A-97-CA-0646, (WD/TX), Sepeda v. Fleming, A-97-CA-0602, (WD/TX),
and Ceasar v. Fleming, A-97-CA-0635, are all 3621(e) (2) (b) early
release habeas corpus petitions from FCl Bastrop. The OGC,
believing that two-point enhancement cases in which .the inmate
had commenced or completed the unit-based portion of RDAP prior
to promulgation of the new rule changes would no longer be
categorized as violent, agreed to having the DAP Coordinator
declare that the petitioner in each case would not be considered
a violent offender for early release purposes; thus, the
government moved for the petitions to be mooted and for the
requested relief to be granted.
Noel Edward Plunkett v. Joe Gunja. et. a., C.A. No. C-96-548,
SD/TX. Bivens. Plaintiff alleges named staff members from FCl
Bastrop conspired with staff members at FCl Beckley, West
Virginia, to effect his transfer. He further asserts racial
discrimination and retaliation as additional reasons for his
transfer. Plaintiff alleges while he was illegally confined in
Special Housing; he was deprived of his right to participate in
religious services; deprived of the benefit of an adequate law
library; deprived of exercise; and deprived of inmate wages.
Plaintiff states he was subjected to mental suffering and anguish
as a result of the defendants deliberate indifference to his
safety. He requests punitive and compensatory damages no less
than $250,000.00; that defendants be restrained from harassment
and retaliation; costs of litigation; and any other relief deemed
appropriate.
David Robert Reyes v. M. A. Purdy, C.A. No. C-97-488, SD/TX.
Plaintiff asserts he relied upon the Government's representation
that if he participated in the· comprehensive drug program at FCl
Three Rivers, he would receive credit toward the reduction of his
sentence. He further asserts he was not aware a prior aggravated
offense conviction would have an impact on his qualifying for
such credit.
Randall Lovelace v. Warden Conner, Civil Action NO. 5:97CV266,
ED/TX. This inmate alleges his early release eligibility was
improperly denied because of a "crime of violence n • He asserts
the crime of Felon in Possession of Firearm is not violent.

Steven Sherrod v. Bob Guzik, CIV-97-1530-L, WO/OK. Plaintiff
disputes his ineligibility for early release due to two-point for
possession of firearm.
FPC Bryan reports receipt of Debra Smith v. John Pendleton, a
Section 3621(e) habeas action in which the inmate challenges her
ineligibilty for early release based upon classification of her
offense as a crime of violence. This two-point enhancement case
is pending in the Southern District of Texas.
CASKS nTH SB'l"l'LBMBNT OR AWARD

a.

Adverse judgments

b.

Other settlements

Smith v. Fleming, A-97-CV-698, (WO/TX). Petitioner sought
removal of public safety factor as sex offender based upon
conduct prior to offenses for which he is currently incarcerated.
The charge of sexual assault was dismissed because the victim was
too traumatized to testify. Thus, policy did not support
application of that PSF. Additionally, the petitioner had
several other PSF's, so he will never be approved for a halfway
house. The petitioner agreed to dismiss the case voluntarily in
return for removal of the sex offender PSF.

CASBS WXTB &BARINGS OR TRIAL

. Robinson v. U.S.A., C-97-051.(SD/TX).
conducted on October 1, 1997.

A Spears hearing was

Two telephonic hearings with Judge, AUSA, etc., in McAnnich case,
Case No. C-96-132, Bivens case filed in Southern District of
Texas, Corpus Christi Division. The first call involved
Interrogatories, and the second was related to the Motion for
Enlargement of Time for the Expert Report.
The Loren Green trial was held November 3 in Judge Mahon's court.
This case is an FTCA case, from FMC Fort Worth where Green, a
paraplegic, burned himself in a bathtub of hot water. He alleges
negligence on the part of the government in their failure to
properly regulate the water to Dallas Unit.
SIGNXPXCANT ADMINISTRATrvB REMEDIES

None

UPCOMDIG TRIALS OR BBARINGS
Olascoago-Reynosa v. United States. et al., 1-97-CV-146-C
(ND/TX). A Spears hearing is set for November 19, 1997.
Klat - 4245 Mental Health Commitment scheduled for November 6,
1997 at Federal Courthouse, Fort Worth, Texas
MEDICAL MALPRACTICB:
LITIGATION
Tommy Tompkins v. John Doe. et al., H-97-1894 (SD/TX). This
Bivens-type lawsuit involves the medical care the inmate received
at several SCR and NCR institutions relating to cancer in his
mouth. Much of the treatment was provided by consultants. He
seeks a minimum of $75,000 for physical pain and mental anguish
from delays in providing care and surgery. An answer was filed.
We are preparing Schultea Motions for Defendants White and Kanon
and waiting for responses from other defendants regarding the
allegations against them.
Domingo Abrego v. Bill Gurth. et. al., C.A. No. 97-452, SD/TX.
Plaintiff alleges deliberate indifference to his medical needs at
FCI Three Rivers. Plaintiff asserts he has a pinched nerve or
dislocated disc in his back because he was forced to work in
various jobs which aggravated a previous back injury. He further
asserts defendants refused to follow recommendations of several
specialists and as a result, he is confined to a wheel chair. He
is requesting jury trial; compensatory and punitive damages of
$2,000,00~.00 from each defendant; proper medical treatment; and
attorney fees.
Keith Blayne v. Bob Guzik. et al., CIV-97-0968-M (WD/OK).
Alleges FTC Oklahoma City staff delayed treating a keyloid on his
ear, which constantly itches and hurts. He requests $10,000 in
silver for each day of "the conspiracy" and staff to be
incarcerated. Staff claim they have taken care of his ear.
TORTS
None

BNSXGN AMBNDMBNT:

L:ITIGAT:ION
Topsy v. Purdy, CA-C-97-229 (SD/TX). The case was dismissed for
inmate's failure to pay court filing fees.

TORTS
None

RELIGIOUS FREEDOM RESTORATION ACT:
ADMXNISTRATIVB RBHBDY
None
LITZGATZON
None
TORTS
None
OTBBR
None
PRISON LZTIGATION REFORM ACT ORDERS
Topsy v." Purdy, CA-C-97-229 (SD/TX). The case was dismissed for
inmate's failure to pay court filing fees.
SITUATZONS OF INTBREST
FCZ OAKDALB
Inmate Melvin Deutsch is fighting his deportation. At this time
he is seeking 826 witness to appear at his INS hearing. He is
be~ng housed in SHU because of possession of unauthorized item
(institution count slip). He is upset that he will not allowed to
keep approximately 10 boxes of legal materials in his SHU cell.
For safety, security, sanitation, and fire reasons, he is allowed
one box of materials and can exchange the materials on an as
needed basis.
CRIMINAL MATTERS AND PROSBCOTXONS

pce BBAtJKONT
A criminal trial for federal inmates Montes-Fierro and EnriquesHernandez began on October 28, 1997. The inmates were charged
with possessing a weapon (clay, non-operational) in violation of

Title 18 U.S.C. Section 1791(a) (2). After the government's case
in chief, the Court directed that a judgment of acquittal be
entered for inmate Enriques-Hernandez. The jury subsequently
acquitted inmate Montes-Fierro.
Inmate assault on staff - Inmate Stanley Mosely was referred for
criminal prosecution for assaulting a staff member while
intoxicated. No serious injuries, but the FBI accepted for
prosecution.
pel BL RBHO
Carl Singleton grabbed a staff member's wrist through the food
slot during the feeding of the lunch meal on 9-24-97. The matter
has been referred to FBI and is currently pending.
Armando Verega - during a cell search of the inmate's locker, a
green leafy substance (later tested positive as marijuana) was
found in a folded piece of paper. Prosecution is still pending.
FMC PORT WORTH

The FBI has unofficially notified us that they are going to
pr9secute the Longoria case (reported in May) .
On October 20, 1997, at 10:30 p.m., a staff member found a brown
bag outside the secure perimeter of FMC Fort Worth. They opened
the bag and found a grass substance, which subsequently tested
positive for marijuana. It was reported to the Lieutenant. The
contents were replaced, and the bag was returned to the location
where it was found. The following morning, staff observed and
videotaped inmate Merimon, Joe, who was assigned to the outside
landscape crew, pick up the bag and place it on the lawn mower.
Staff retrieved the bag and the inmate was placed in
Administrative Detention pending investigation. The case for
introduction of contraband has been referred to the FBI. We are
unaware, at this time, whether or not they will prosecute.

PCI PORREST CITY

September 24, 1997, inmates Preston Webster and Michael
Johnson were involved in a fight in the housing unit. Both
inmates sustained minor injuries. Prosecution was declined, and
the Warden agrees with the decision.

On

On October 8, 1997, inmates Tyrone Denson and Walter Monk were
involved in a fight in the housing unit. Both inmates sustained
minor 1nJuries. Prosecution was declined, and the Warden agrees
with the decision.

on October

11, 1997, inmates Danny Lynch, and Dennis Dill were
involved in a fight in the housing unit. Both inmates sustained
minor injuries. Prosecution was declined, and the Warden agrees
with the decision.

On October 9, 1997, inmate James Easter, and Kelvin Norman were
involved in a fight in the housing unit. Both inmates sustained
minor injuries. Prosecution was declined, and the Warden agrees
with the decision.
On October 19, 1997, inmate Cecil Rice was caught with mar1Juana
in a vitamin bottle on his desk. Prosecution was declined
because the marijuana was found in a general area. The inmate's
DHO hearing was held on October 30, 1997. The Warden agrees with
the decision.

on October

22, 1997, inmate Richard Speed was assaulted by three
inmates, James Cofer, Damon Medcafe, and Roy Perkins. The
investigation has not been completed.

PTC OKLAHOMA CXTY

Inmate Assault on Inmate: On October 6, 1997, R&D staff observed
inmate Juan Falcon-Hernandez striking inmate Michael Salinas in
the head and back area with a martin chain. Inmate FalconHernandez had slipped out of the martin chain while in the R&D
holding cell. The FBI was notified and declined referring the
matter for prosecution. The Warden concurs.
Inmate Assault on Inmate: On October 27, 1997, inmate Jennifer
Nelson assaulted inmate Hope Farrer by pulling inmate Farrer's
hair, causing minor abrasions to her scalp. The FBI was notified
and declined referring the matter for prosecution. The Warden
concurs.
Inmate Assault on Inmate: On October 27, 1997, the Unit Officer
observed inmate Marla Seals strike inmate Eve St. Germain in the
facial area, causing swelling and redness to the left eye. The
FBI was notified and declined referring the matter for
prosecution. The Warden concurs.
OIG is expected to arrive in the near future to investigate a
charge of staff sexual misconduct.

At approximateiy 1:40 a.m., October 23, 1997, an emergency count
was conducted at the Federal Prison camp at Texarkana. It was
discovered two inmates were missing. These inmates were
identified as Ray Mack and Rodrick Robinson. During a search of
the surrounding area, staff observed a vehicle stop and two

individuals exit and begin running to the North side of the camp
facility. The individuals were apprehended and identified as the
two missing inmates. The incident was referred to the United
States Attorney's Office for prosecution of escape. Acceptance
for prosecution is pending.
FCZ TBRBB RrvBRS

Assault:
Christopher Martinez and Bruno Diaz-Cruz were assaulted by
Julio Villanueva, Antonio Gonzalez, Raul Garza, Jacob Baca, Jose
Cadena-Diaz, Antonio Rios and Santos Garcia. Reported last
month. The case will be presented to the Grand Jury next month
for indictment on assault charges.
Possession of Narcotics:
Javier Luera. The U.S. Attorney's Office will .seek prosecution.
Minor Assault on Staff:
Randall Colon threw his drink toward a staff member while in
Special Housing, hitting the staff member on his left leg and
upper body. No injuries were received. Prosecution declined.
Warden concurs.
Attempted Assault on Staff:
While being escorted to Special Housing, Peters Kandu refused to
cuff up. He became argumentative and attempted to assault
escorting staff.. Pending prosecution notification.
COMMDNZTY CORRBCTZONS OFFZCB.- DALLAS

Inmate Cynthia Baty was apprehended by the u.S. Marshal for the
escape from a halfway house. The AUSA Office will not prosecute
for the escape because of it being a walk away and she
surrendered. The BOP has taken disciplinary action, and she was
redesignated to Carswell. The CCM concurs.
PBRSONAL ZSSUBS

Mike Hood

November 24December 1

Lisa Sunderman

November 28
and December

Marsha Foulks

- . Annual Leave

Annual Leave
1

November 7, 10
and 12

Annual Leave

o

Jason Sickler

November 7
and 10

Annual Leave

Linda Nutt

November -3-6

FOIA/PA Training
New Orleans, LA

Georganne Osborn

November 28

Annual Leave

Patsy Davis

November 28

Annual Leave

Mike Flagor

November 6

Annual/Sick
Leave
Annual/Sick
Leave
Annual Leave

November 10
November 28

-

Paul Layer

November 24-26 -.1

Darrel Waugh

November 28

Annual Leave

Karen Summers

November 28

Annual Leave

Annual Leave-- ~

u.s.

Department of Justice

•

Federal Bureau of Prisons

Dallas, Texas 75219
December 5, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

SUBJECT:

Michael D. Hood, Regional Counsel

V4qp~Rep.or

.

ADMINISTRATIVE REMEDIES
JAN
144
52

FEB
111
61

MAR

JAN
151
# Pending
51
# Received
50
# ]I. .... ~wered
ling
152
#
.r Six Man
0
#

FEB
153
40
33
160
0

MAR

FEB
108
34
17
125
91

MAR

FEB
36
9
23
8
2
3
19

MAR

# Received
# Answered

139
69

APR
145
98

MAY
118
85

JUN

JUL

145
98

146
74

APR
164
49
41
172
0

MAY
175
91
59
207
0

JUN

JUL

210
57
46
221
0

219
57
88
188
0

APR
91
41
43
89
48

MAY
89
41
18
112

JUN

JUL

112
45
108
49
4

49
34
36
47
13

APR
23
6
17
4
1
1
23

MAY
15
9
9
4
2
0
17

JUN

JUL

28
25
14
9
3
2
20

24
13
20
1
2
1
13

AUG
167
100

SEP
172
106

OCT
176
109

NOV
129
116

DEC

AUG
193
59
63
189
1

SEP
185
54
49
190
0

OCT
196
56
47
193
0

NOV
184
37
50
171
0

DEC

AUG
47
45
35
57
24

SEP
57
50
59
48
7

OCT
48
39
38
49
10

NOV
49
18
24
43
13

DEC

AUG
15
14
11
1
1
2
9

SEP
28
9
14
10
3
1
17

OCT
25
16
17
7
0
1
27

NOV
16
8
13
3
1
0
24

DEC

TORT CLAIMS
159
40
40
15 9
0

FOI/PRIVACY

#
#
#
#
#

JAN
80
Pending
Received
47
Answered
19
Pending
108
OVer 30 Days 72

125
27
61
91
64

71

LITIGATION
New Cases Recd
Cases Closed
Habeas Corpus
Bivens
FTCA
Other
Lit Reports

JAN
32
3
25
4
3
0
23

31
10
25
6
0
0
33

Cases With Hearing
or Trials
2
0
Cases With Settlements
or Awards
0
0

4

3

3

4

1

1

4

3

2

1

o

o

o

1

3

1

1

1

SIGNIFICANT CASES
Ahr v. Reno - This FPC Bryan EEO related civil case continues to
be active. Plaintiff's counsel was granted permission to file an
EEO Complaint in late April regarding only her assertions of
retaliation.
She was provided the forms by Central Office in
late June, yet did not file her complaint until November 18th, 38
days after the end of the 6-month continuance Judge Atlas
provided her.
Judge Atlas also stated her court would lack
subject matter jurisdiction if the claim (essentially a contract
dispute) exceeded $10,000 (inclusive of both damages and
attorney's fees).
However, a demand letter was recently sent to
the AUSA seeking $25,000 and plaintiff's response to
interrogatories included claims for legal expenses which alone
totaled more than $10,000. The AUSA and paralegal will discuss
advising the Court that the EEO Complaint has just been filed,
and that plaintiff continues to seek monies well above the
Court's authority to adjudicate. We expect the case will be
dismissed, and Ms. Ahr and her counsel will be referred to the
U.S. Court of Claims. Depositions of Ms. Ahr and Dr. Hill will
occur on December 8, 1997 in Houston, Texas, unless the case is
disposed of prior to that date.
Lee and Martinez. A decision was made that in light of the final
court order, these inmates will be left in their CCC placements,
thereby giving them early release of only four and six weeks
respectively.
Pettigrew v. Fleming, A-97-CA-088-SS (WD/TX). This Bastrop
inmate has violated his supervised release and is in transit to
return back to FCI Bastrop.
He is no longer eligible for early
release.

are waiting for direction from the Office of

Martinez v. U.S., EP-97-CA-224-F (WD/TX). An offer of settlement
in the amount of $25,000 in this FC! La Tuna medical malpractice
case has been approved.

•

SXGNIFXCANT TORT CLAXMS
Norma Carter is an inmate at FPC Bryan - T-SCR-97-28, $500,000.
Claimant's counsel has submitted voluminous medical documentation
in support of a request for reconsideration of the claim. If
claimant's medical condition proves to be as expected, a
settlement offer of between $150,000 and $228,000 is anticipated.
Flores-Cabrera, T-SCR-97-376. This FPC Bryan wrongful death tort
has been referred to the Office of General Counsel for their
approval of a settlement offer in the amount of $35,000-$50,000.
Omar Tusshani, T-BOP-97-151, $15,000,000. Alleges he slipped and
fell while in custody of the USMS, resulting in paraplegia and
that when he transferred to FMC Fort Worth, he received
inadequate medical care, further exacerbating his condition.
Raymond Chavez, T-SCR-97-468, $1,500,000. All~ging he injured
himself entering the dining facility at FMC Fort Worth, resulting
in a broken wrist. He further alleges BOP failed to timely
diagnose his injury and provide appropriate medical care.
CASES WXTH SETTLEMENT OR AWARD
a.

Adverse judgments
FC! La Tuna reports adverse decisions in Embrey v. Slade,
EP-97-CA-040-H, and Lewis v. Slade, EP-97-CA-52-H. Inmates
filed petitions for writ of habeas corpus wherein they
challenged the BOP's decision not to grant their request to
have one year off their.sentences pursuant to 18 U.S.C.
Section 3621(e). The District Court for the Western
District of Texas ruled that the BOP has misinterpreted the
statute and the BOP's own policy, as it pertains to crimes
of violence, when the BOP disallowed both requests due to
the inmates' two point enhancements at sentencing. These
decisions were handed down on November 21, 1997, and
November 25, 1997, respectively, after the Fifth Circuit
upheld the BOP policy on this issue. Reconsideration of
these cases is currently being sought in light of Venegas.
Loren Green v. USA, 4:96-CV-412-E (ND/TX). Court used
theories of 18 U.S.C. 4042 to establish a duty and res ipsa
loquitur to find the U.S. 50% responsible for inmate's burn.
Judgment against u.S. for $7,500. We are evaluating whether
or not to recommend an appeal.

b.

Tort Claim settlements
On November 7, 1997, the Department of Justice has requested
Treasury" to issue a check for $16,800 for tort claim

T-SCR-97-281, filed by Wholesale Petroleum. The claim
concerned damage to an overhead fuel station canopy which
was struck by a semi-truck driven by a FCl El Reno SORT
member. The institution and region recommended to offer
·settlement in the amount of $14,845.
c.

Other settlements

CASES WITH HEARINGS OR TRXAL

Loren Green v. USA.

SI~FICANT

Trial was held on November 3, 1997.

ADMINISTRATIVE REMEDIES

None
UPCOMING TRLALS OR HEARINGS

None
MEDICAL MALPRACTICE:
LITIGATION

None
TORTS

See significant tort claim heading.
ENSIGN AMENDMENT:
LITIGATION

None
TORTS

None

RBLIGIOUS FRBBDOM RBSTORATION ACT:
ADMINISTRATIVE REMEDY
None
LITIGATION
None
TORTS
None
OTHER
None
PRISON LITIGATION REFORM ACT ORDBRS
None
SITUATIONS OF INTBREST

FCI BIG SPRING
On November 3, 1997, former correctional officer Darren Humphries
reached a plea bargain arrangement with the United States
Attorney's office for the lesser charge, a violation of
18 U.S.C. 2243(b), Sexual Abuse of a Ward. We expect him to be
sentenced to 18 months confinement. CUrrently the United States
Probation Office is preparing the PSI. Sentencing is not
expected until very late December 1997.
P'MC CARSWELL
In December, 17 new Federal Judges will tour FMC Carswell as part
of their orientation training held at the Worthington in Fort
Worth.
Jutzi v. Johnson - Telephone deposition with John Banks, our
employee; AUSA from Chicago; and Plaintiff's attorney regarding
family suing BOP regarding inmate suicide at MCC Chicago.

rCI OAKDALB
Inmate Melvin Deutsch, is fighting his deportation. At this
time, he is seeking 947 witnesses to appear at his INS hearing,
which includes approximately 100 Bureau of Prisons staff members.
FTC OKLAHOMA
DOJ and BOP-OGC attorneys visited the FTC November 17-20, 1997,
and toured the facility to examine records to prepare responses
for the Trentadue suit.
Senator Don Nickles and his staff toured the F~C and commented to
the media afterwards that he will be pursuing a county grand jury
and other investigative review of the death of Kenneth Michael
Trentadue because he had some concerns regarding inmate
Trentadue's death.

CRIMINAL MATTBRS AND PROSECUTIONS
FCC BEAUMONT
A criminal trial was held October 28, 29, and 30, 1997, in the
E.D.Tex., Beaumont, Texas, for federal inmates MONTES-FIERRO,
Ezequiel and ENRIQUES-HERNANDEZ, Louis for possession of a weapon
(clay, non-operational) in violation of title 18 U.S.C.
§ 1791(a) (2).
Inmate Enriques was acquitted by the Judge on a
motion for directed verdict at the end of the government's case.
Inmate Montes was found not guilty by the jury.
Inmate assault on staff - Inmate MOSELY, Stanley, was referred
criminal prosecution for assaulting a staff member while
intoxicated; no serious injuries; determination still pending
(last month this incident was incorrectly reported as accepted
for prosecution) .
fo~

FCI EL RENO
On November 9, 1997, Charles Cooper, was discovered with a
possible drug overdose. Investigation continues. FBI referral
made.
.
FCI FORREST CITY
On November 3, 1997, inmates Jeffery Stewart and Hector Chavira
were involved in a fight in the housing unit. Inmate Chavira
received minor injuries and inmate Stewart did not receive any
injuries. The case was declined, and the Warden agrees with the
decision.

On November 8, 1997, in the mUlti-purpose TV room, inmates Alvin
Jamison and Ivan Archuleta were involved in a fight. Inmate
Archuleta received minor injuries and inmate Jamison did not
receive any injuries. The case was declined, and the Warden
agrees with the decision.

On November 9, 1997, inmates Angel Hernandez and Carlos VallesAmaya were involved in a fight in a Spanish TV room. Both
inmates received minor injuries. The case was declined, and the
Warden agrees with the decision.
On November 9, 1997, inmates Carmen Garrison and Andre Jackson
were involved in a fight in the housing unit. Inmate Garrison
received minor injuries. Inmate Jackson did not receive any
injuries. The case was declined, and the Warden agrees with the
decision.
On November 15, 1997, inmate Melvin Brown pushed a staff ·member.
The staff member was not injured. The case was declined, and the
Warden agrees with the decision.
On November 20, 1~97, inmates Ahmad Bayaa and Adrain Camacho-Tena
were involved in a fight in the housing unit. Both inmates
received minor injuries. The case was declined, and the Warden
agrees with the decision.
FTC OKLAHOMA CXTY
A SHU inmate struck staff with food tray on November 20, 1997,
and was placed in ambulatory restraints because he had retained
several pieces of hard plastic broken from the tray and
threatened to harm himself. The FBI was notified and an
investigation continues.
On November 22, 1997, inmate Gunther was found lying on the floor
outside the shower stall and indicated he had been assaulted by
an unknown inmate as he was about to enter the shower. Inmate
Gunther was treated for a laceration to the upper lip and placed
in administrative detention. The FBI was notified and an
investigation continues.
Unit Officer observed inmate McKinney strike inmate Rodriguez in
the mouth with his fist on November 23, 1997, causing redness on
the right side of inmate Rodriguez's neck. The FBI was notified,
and an investigation continues.
FCl THREB RXVERS
Arnulfo Gonzalez-Garcia and Ernesto Gutierrez-Gomez assaulted
Alfredo Diaz-Luna in an inmate housing unit. Investigation
determined the assault occurred over a disagreement concerning

meat. The case has been referred to the FBI for further
investigation.
Wendell Williams has been referred to the FBI for minor assault
on staff. Investigation determined the inmate pushed an officer
out of the way when the officer was reaching to get a magazine
from another inmate. No injuries were received.
Inmate Seneca Bowman refused to cuff up when requested to do so
by a Lieutenant. Several staff members received minor scrapes
when the inmate was taken to the ground to gain control. The
inmate was not injured. The case has been referred for
prosecution.
James Brooks has been referred to the FBI for allegations of
sexual assault. According to the SIS Lieutenant, inmate has
changed his story several ~imes. He initially reported the
assault had occurred at Fe! Three Rivers, then.later indicated
the assault occurred at another institution. It now appears the
assault never occurred. The FBI is continuing their
investigation.
PERSONAL ISSUES
Mike Hood

December 29January 2

Annual Leave

Lisa Sunderman

December 22-24

Annual Leave

Linda Nutt

December 29January 2

Annual Leave

Josie Wilches

December 22-24

Annual Leave

Patsy Davis

December 29January 2

Annual Leave

James Schluter

December 22-24
January 2

Annual Leave
Annual Leave

Mike Flagor

December 22-24

Annual Leave

Paul Layer

December 22-31
January 2

Annual Leave

Darrel

December 1-2

Annual Leave

W~ugh

,Karen Sununers

. December

December
.

/

'

..

January 2

~

29-3~

Annual Leave

o