"

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

Dallas, Texas 75219
February 3, 1998

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - January 1998

ADMINISTRATIVE REMEDIES
RBCBIVED
ANSWERED

JAN
160
90

FEB

APR

MAR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIMS
PENDING
RBCEIVED
ANSWERBD
PENDING
OVER SIX MO

JAN
133
56
33
156

FBB

MAR

APR

MAY

JON

JUL

AUG

SBP

OCT

NOV

DBC

AUG

SSP

OCT

HOV

DBC

0

FOI/PRIVACY
PENDING
RBCBIVED
ANSWERBD
PENDING
OVBR 20 DAYS

JAN
56
28
28
56
22

PBB

MAR

APR

MAY

JON

JUL

LITIGATION
JAN
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT RBPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

17
4

13
4
0
0

12
0
0

CASES WITH HEARINGS OR TRIALS
None
CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None

b.

Tort Claim settlements

None

c.

Other settlements

None
SIGNIFICANT CASES
FMC Carswell reports: u.s. v. Rasha Mansour, 9:97-CV-079-Y.
Motion for Issuance of Judgment of Discharge. The Order was
signed by the Judge on January 9, 1998.
Enrique Campos Navarette v. Sam Calbone, et al., 1:97-CV-24-C
This inmate complains about the Bureau's denial of his early
release because of an INS detainer lodged against him at
FC! Big Spring.

DEC

SIGNIFICANT TORT CLAIMS
See medical malpractice tort claim heading.
Norris McGraw, T-SCR-98-009, $575,000. Ms. McGraw an inmate at
FMC Fort Worth, alleges negligent medical care, infliction of
mental anguish, and emotional distress. Specifically, he alleges
a Registered Nurse dilated his eyes, resulting in an eye
infection and permanent physical and psychological injury since
he is now paranoid about any future treatment he may endure.

SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
USA v. David N. J. Smith, CR-3-97-9 (ND/TX). A sentencing
teleconference is set for January 30, 1998, at 2:00 p.m., for a
criminal case set in the Southern District of Ohio. This will be
FCI Big Spring's first use of this technology. This will be a
coordinated with the Immigration and Naturalization Service who
will be providing the equipment and Cornell Corrections .who will
be providing the space for the hearing.
Haroldo R. Martinez-Rodriguez v. United States,
civil No. EP-96-224-F (WD/TX), is scheduled for a January 30,
1998, mediation conference before Magistrate Richard Mesa. An
offer of $25,000 has been extended to settle this FCI La Tuna
medical malpractice claim. A substantial part of this settlement
offer consists of a constructive trust which would allow
plaintiff to receive the surgical repair of his ruptured bicep
tendon which he claims. he should have occurred during his
incarceration. Apparently plaintiff's current refusal to accept
this settlement offer is against the advice of counsel.

MEDICAL MALPRACTICE
LITIGATION
Reed v. Stone, A-97-CA-899-JN, WD/TX. Plaintiff at FeI Bastrop
entered federal custody with cheloid on one "ear, brings suit
against HSA for denying cosmetic surgery to remove cheloid. The
defense's position is that purely cosmetic surgery is not within
the scope of health services provided to inmates.
TORT CLAIMS

MARTINEZ, Jorge - Mr. Martinez, an inmate housed at
FMC, Fort Worth, alleges that on April 9, 1997, his right hip
joint was replaced by a physician at a local community hospital.
He contends that the prothesis has become dislocated five times
since the surgery because the wrong size prothesis was implanted.
It is clear that the surgery was performed by a contract
physician, but Mr. Martinez implies that staff at Fort Worth
delayed the surgery from October 1996 until April 1997. He
further states that in November 1997, while he was being
transported back from a local hospital, the transporting BOP
staff member failed to secure his wheelchair and the chair .
overturned causing further pain. Mr. Martinez seeks ten million
dollars in damages.
(T-SCR-97-S38)

ENSIGN AMENDMENT
LITIGATION
None
TORT CLAIM
None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
None

SITUATIONS OF INTEREST
FCI BASTROP
Martinez v. USA. On January 30, a mediation will be held in
Houston in a major medical malpractice suit. The case involves
an alleged delay in treatment for a neck fracture.
FeI Bastrop

recommends offering settlement in the amount of $50,000.
AUSA is seeking $100,000 to $500,000 to settle the case.
Region has sent their recommendation to the OGC.

The
The

FCC BEAUMONT
January 12-14, 1998, Darrel Waugh facilitated a visit to the USP
for two AUSA's from Los Angeles, California, and two local FBI
agents interviewing inmates regarding the staff killing at
USP Lompoc.
FCI BIG SPRiNG.
A former Correctional Officer was sentericed January 9, 1998, in
Federal District Court, in Lubbock, Texas, on a one count
indictment for violating 18 U.S.C. 2243, Sexual Abuse of a Ward.
He was sentenced to 18 months confinement; a $100 special
assessment, and one-year supervised release term. Sentry
reflects he voluntarily self-surrendered at FCI Jesup, Georgia,
January 16th.
Plaintiff's depositions are scheduled to take place on
February 24-26, 1998, in the Johnnie Fay Ray v. United States of
America, at FCI Big Spring. 1:97-CV-0091-C, FTCA claim.
FTC OKLAHOMA
Numerous members of the Oklahoma Federal Bar Association visited
and toured. the FTC on Thursday, January 22, 1998. Also, DOJ and
BOP attorneys visited the institution January 12-15, 1998, to
gather further information regarding Trentadue litigation.
CRiMiNAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
January, 14, 1998, FPC inmates FLARES, Samuel and RUIZ, Jose
were indicted by a grand jury for escape (18 U.S.C. § 751(a) from
the FPC on January 11, 1998. The inmates were captured by
u.S. Marshals and local law enforcement on January 12, 1998.
Inmate assault on staff; Inmate MOSEY, Stanley, was referred for
criminal prosecution for assaulting a staff member while
intoxicated, no serious injuries. Prosecution was declined, and
the Warden does not dispute the decision.
Inmate assault on staff; Inmate LACUNATE, January 9, 1998,
determination pending.
Inmate assault on inmate; Inmate LONG, January 9, 1998,

o

determination pending.
Inmate assault on inmate; Inmate CLARK, January 19, 1998,
determination pending.
FMC FORT WORTH
On December 27, 1997, Assault on Staff. Garcia-Gomez, Mando
threw a grapefruit rind at compound officer in the Dining Hall.
Inmate was placed in Administrative Detention pending
investigation, and refer~al to FBI for further investigation.
On January 3, 1998, Possession of Marijuana. Villareal-Tamayo,
Gerardo, and Moyers-Saenz, Jose. Marijuana was found in the cell
of the above-referenced inmates. Both inmates were placed in
Administrative Detention. The case has been referred to FBI for
investigation.
On January 6, 1998, inmate on inmate. Armenta-Hernandez,
Marcello assaulted Agbada, Cyriacuson in the weight pile of the
Recreation Yard.
Inmates were escorted to Administrative
Detention, and has been referred to the FBI for investigation.
On January 10, 1998, inmate on inmate. Vicario, Manual
assaulted Ramos, Ruben in the Austin Unit.
Inmates were placed
in Administrative Detention. The case has been referred to the
FBI for further investigation.
On January 11, 1998, inmates Wood, William and Sarna Humberto were
fighting in the TV room in the Fort Worth Unit.
The inmates were
placed in Administrative Detention, and the case was referred to
FBI for further investigation.
.
On January 15, 1998, inmates Harbin, Carl and Rodriguez, Alfredo
were involved in a fight in the Fort Worth Unit.
Both inmates
were placed in Administrative Detention, and the case was
referred to the FBI for further investigation.
FTC OKLAHOMA
Inmate Jan~e Weddington threw a food cart at a SHU officer on
January 11, 1998, striking his left foot.
The FBI was notified
and determined not to refer this matter for prosecution, and the
Warden concurs.
On January 14, 1998, ISM staff were placing inmate Robert
Kenaston in a R&D cell in preparation for the outgoing airlift
when inmate Leonard Faulcon ran to the cell door and struck
inmate Kenaston in the chest with a closed fist.
Inmate Kenaston
and ISM staff sustained minor injuries and were treated. The FBI
was notified and determined not to submit this to the u.s.
Attorney's Office for prosecution, and the Warden concurs.

FCI SEAGOVILLE
We were recently notified by the FBI that Inmate Robert Hendron
and his wife will be indicted for Introduction of Heroin into
FCI Seagoville. The drugs were mailed to the inmate on
December 16, 1997.
Inmate Stanley Dutton will most likely be indicted by the Federal
Grand Jury for Child Molestation. His wife was recently indicted
by the Rogers County, Oklahoma grand jury for the same charges.
In October 1997, an ISM staff member discovered incriminating
information in a letter from Dutton's wife concerning sexual
activities that she had with their then six month old daughter.
Has been referred to the FBI for prosecution. No response as of
yet.
Inmates Cazares, Rodriguez, Orozoco and Almeida face indictment
for aggravated assault on staff. These inmates placed a toxic
substance in a staff's member coffee while on their work detail .
. Has also been referred to the FBI for prosecution. No response
as of yet.
FCI TEXARKANA
On January 16, 1998, Inmate CORTI JO was discovered missing from
the satellite camp during the 10:00 p.m. count. At approximately
11:40 p.m., after a negative search, he was placed on escape
status, and the FBI was notified.
FCI THREE RIVERS

PERSONAL ISSUES
Mike Hood

February 2 - 6

- Military Leave

Lisa Sunderman

February 13

- Annual Leave

Marsha Foulks

(half-day) January 30
February 17
February 23

- Annual Leave

Linda Nutt

February 17

- Annual Leave

Josie Wilches

February 13

- Annual Leave

Patsy Davis

February 2-6

- Annual Leave

Barbara Wil·son

12 weeks of family leave will begin sometime
in the next three weeks.

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

South Central Regional Office

March 5, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - February 1998

ADMINISTRATIVE REMEDIES
RECBIVED
ANSWERED

JAN

FEB

160
90

180
108

APR

MAR

MAY

JON

JUL

AUG

SBP

OCT

NOV

DBC

TORT CLAIMS
PENDING
RECBIVED
ANSWERED
PENDING
OVER SIX MO

JAN

FEB

133
56
33
156
0

156
67
36
187
1

MAR

APR

MAY

JON

JUL

AUG

SBP

OCT

NOV

DBC

AUG

SBP

OCT

NOV

DEC

FOI/PRIVACY
PENDING
RECBIVED
ANSWERED
PENDING
OVER 20 DAYS

JAN

PEB

56
28
28
56
22

56
30
22
54
45

MAR

APR

MAY

JON

JUL

LITIGATION
JAN
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
BEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

17
4

13

FEB
15

0
0

0

12

APR

JON

MAY

JUL

AUG

SEP

NOV

OCT

DEC

9
9

3
2
1
17
2

4
0
0

MAR

CASES WITH HEARINGS OR TRIALS
Anaelo Rivera v. Bureau of Prisons (SD/TX). A hearing was held
on January 29, 1998. State inmate, being held by BOP, seeks
release to state custody.
Petitioner was released to the custody
of the State of Rhode Island; hence the relief sought is now
moot.

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.

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I

t.

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,'0

t.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None

b.

Tort Claim settlements

The Isaac Martinez medical malpractice tort from FeI Bastrop has
been approved for settlement by DOJ in the amount of $275,000,
which has previously been accepted. Final paperwork is being
prepared.

c.

Other settlements

None
SIGNIFICANT CASES
FCI La Tuna reports Gonzalez v. Slade, EP-98-CA-028-DB (WD/TX).
An inmate who received a two-point enhancement challenges his
ineligibility for 3621(e) early release.
FPC Bryan reports Gatson v. Pendleton, H-97-2226 (SD/TX).
An inmate who received a two-point enhancement challenges her
ineligibility for 3621(e) early release.

v.

FCI La Tuna reports Robert Mitchell
The United States of
'America, et al., Civil Action No. EP-97-CA-4S0-H (WD/TX).
Although plaintiff's complaint raises issues regarding CCC
placement and the Inmate Financial Responsibility Program, the
significant issue raised by Mr. Mitchell is that he was not
provided adequate medical treatment for his alleged medical
condition while in Bureau of Prisons custody.
Mr. Mitchell now has Prostate Adenocarcinoma, or cancer of the
prostate, and his condition is inoperable. He contends the
Bureau of Prisons was negligent in not testing his high PSA
(Prostate Specific Antigen) readings in a timely manner, and that
when such testing was ultimately completed, his cancer had spread
to a point where it could not be operated on or removed. We have
clear documentation in the medical record that Mr. Mitchell
refused not one but two biopsies shortly after his arrival which
would have allowed FCI La Tuna medical staff to treat his
condition sooner.
FCI Texarkana reports Perry Montgomery v. N. L. Conner, Civil
Action S:98CV016, (ED/TX). The petitioner claims his conviction
of a drug offense with a weapons enhancement should not be
considered a crime of violence". He requests early release.
Dr. William D. Agerton v. USA. et ale This FMC Fort Worth Bivens
and FTCA styled case involves a physician who was under contract
with the University of North Texas Health Sciences Center. The
contract provided for physicians to provide after hours, on-site
emergency services for inmates. Due to Dr. Agerton's refusal to
follow the attending BOP physician's orders, he was prevented
from entering the institution. He is allegipg negligent and
intentional conduct on the part of BOP officials and a
constitutional deprivation and unlawful taking of his contract
without due process.
"
Clyde Chase v. USBOP. This is an FMC Fort Worth FTCA case,
originally filed in December 1994, which has bounced from
Connecticut, to WD/LA, to ND/TX. Mr. Chase alleges deliberate

o

indifference and negligence to his serious medical needs, arising
from an accident which occurred at FCI Oakdale in 1989. He seeks
$30,000,000.
Dennis Hampton v. Dr. John Barry. et ale Mr. Hampton names two
consultants, in addition to two BOP staff members in this FMC
Fort Worth case. He alleges the physician failed to explain side
effects of medicine provided to him, which resulted in his fall
from an upper bunk. He further alleges the Warden refused to
follow the direction provided by the Central Office and did not
transfer him to Butner to receive needed medical treatment.
Clark v. USA. This SCRO case is still awaiting determination by
OGC and AUSA on whether this sentencing issue case should be
appealed. SCRO has recommended appea·l.
Terry Cryar v. Richard Peckham. et al., Civil Action No.5:98CV003
ED/TX.
In this Bivens action, the plaintiff alleges medical
deliberate indifference and names five employees. Specifically,
he alleges he was denied high blood pressure medication for
21 days after informing medical staff that he required such
medication. Medical records indicate hypertension medication was
prescribed; however, the inmate refused. He was counseled and
after constant refusal, referred to Psychology. A response is
due March 14, 1998.
FC! EI Reno reports Rodney Whitley v. Flowers, 97-163-R (WO/OK).
The district court concluded that the BOP exceeded its statutory
grant of authority regarding the use of sentence enhancements for
determinations of early release eligibility. Currently, we are
seeking reconsideration and/or a stay pending the decision in
another enhancement case that is now before the Tenth Circuit.
SIGNIFICANT TORT CLAIMS
Dimas Soto Valencia, an inmate at FCI Big Spring filed a medical
malpractice claim for failing to provide adequate treatment prior
to a heart attack.
Inmate alleges nerve damage to his left arm
due to medical malpractice. He also seeks damages due to
exposure to second hand smoke. T-SCR-98-045
Alton Oxendine, T-SCR-99-020, alleges he fell on October 7, 1997,
down the second floor steps in Dallas Unit at FMC Fort Worth
because there was no light on the stairway and because he was
housed on the second floor, in spite of his medical condition,
which has resulted in permanent disability. He claims liability
in the amount of $1,000,000.
JENKINS, Ann Marie - Ms. Jenkins contends that she sustained a
blister on her right foot as a result of improperly fitted steel
toed shoes. Ms. Jenkins states that the blister got infected and
did not heal, and that she was transferred to FMC Carswell on

July 12, 1996, for an "arteriogram and surgery on the toe."
Ms. Jenkins continues her claim by indicating that medical staff .
at FMC Carswell did not respond promptly, and her toe was
amputated on November 26, 1996. She claims amputation of her leg
was later discussed because the "arteriogram" was not performed
until February 10, 1997. Ms. Jenkins seeks $10,000.00 in
damages. T-SCR-98-050
MASON, Stephen - Mr. Mason, an inmate housed at USFMCP
Springfield has submitted a personal injury medical claim,
alleging that on November 12, 1996, he fell in the UNICOR
Warehouse at FCI EI Reno and fractured his right wrist. He
contends that medical staff failed to provide adequate medical
care for 44 days, which resulted in gre~ter pain and anguish and
possible disfigurement.
Documents indicate that he did report a fall to Health Services
staff but the Physician Assistant noted that the wrist was
"bruised." The records indicate that the hand was not x-rayed
until December 10, 1996, and that a navicular fracture was
sustained. There are initial concerns that a thorough exam was
not conducted shortly after the injury. The amount of damages
sought is $50,000.
(T-SCR-98-091)
SIGNIFICANT ADMINISTRATIVE REMEDIES
Kamal-Patel an inmate at FMC Fort worth has filed three pending
Requests for Administrative Remedy, all dealing with his need for
additional protein to supplement mainline and with the inadequacy
of the Common Fare Program. Mr. Patel is a Hindu inmate.

UPCOMING TRIALS OR HEARINGS
Haroldo R. Martinez-Rodriguez v. United States, EP-96-224-F
(WD/TX), originating from FC! La Tuna, is scheduled for a
March 16, 1998 trial following an unsuccessful January 30, 1998
mediation conference. At the mediation, contrary to prior
indications by plaintiff's counsel, plaintiff was unwilling to
accept a reversionary trust. As previously reported, an offer of
$25,000, much in the form of a reversionary trust, had been
extended to settle this medical malpractice claim stemming from
plaintiff's assertion that he did not receive necessary surgical
repair of his ruptured bicep tendon. Efforts to settle this case
for a lesser amount without use of a reversionary trust continue.
The court has scheduled a hearing for March 6, 1998 in
Pettigrew v. Fleming, A-97-CA-0088-SS, WD/TX. The petitioner,
who was sent to a halfway early after the court ordered the BOP
not to consider him violent by virtue of his two-point
enhancement, was caught drinking at the halfway house and sent
back to FCI Bastrop. He claims that if the BOP had sent him to

o

.the halfway house as soon as he finished RDAP, rather than
waiting for the court to order it, he would have been freed prior
to the date of the incident.

MEDICAL MALPRACTICE
LITIGATION
See also significant cases heading.
TORT CLAIMS
Norma Carter - This FPC Bryan malpractice tort is pending final
DOJ approval to settle the case for $lS0,000.
Susan Arocha - On this FPC Bryan wrongful death tort, the six
month deadline will not be met due to continuing settlement
negotiations. The claimant's attorney has recently been
appointed; thus, we seek proof of representation before
settlement negotiations can resume.
Frederick Goldsby, T-SCR-98-0S4, alleges he fell 'from his
wheelchair while in Administrative Detention at FMC Fort Worth,
which is not wheelchair accessible, injuring his rotator cuff.
He further alleges the physician assistant failed to perform the
proper' diagnostic tests and he went untreated until August 6,
1997. He claims liability in the amount of $3,SOO,000.
Linn Edward Davis, T-SCR-98-011, alleges a problem with his
carotid artery, due to negligent treatment at FMC Fort Worth.
·He claims liability in the amount of $l,SOO,OOO.
See also significant tort claims heading.

ENSIGN AMENDMENT
LITIGATION

None
TORT CLAIM
None

RELIGIOUS FREEDOM RESTORATION ACT
L:I T:IGATI ON
None

TORT CLAIM
None

PR:ISON LIT:IGATION REFORM ACT ORDERS
None

SITUATIONS OF :INTEREST
FCC BEAUMONT
On February 18, 1998, a tour of the USP was provided to members
of the Inn of Court, including Chief u.s. District Court Judge,
Richard Schell, u.S. Dist. Ct. Magistrate Judge Earl Hines, and
approximately 30 distinguished members of the Beaumont legal
community.

FCI BIG SPR:ING
A video conference was held on February 5, 1998, between AUSA
Robert Bernard, the Honorable Jane Cooper-Hill, U.S.D.C., SD/TX,
and inmate Anez S. Robinson. Judge Cooper-Hill granted inmate
Robinson leave to amend his FTCA complaint styled Anez S.
Robinson v. United States of America. Frank Woods. et aI,
CA C:97-51, to a Bivens Action.. Seven new defendants will be
added to this instant case, four of which are staff members at
FCI Big Spring.
Depositions were held on February 25 and 26, 1998, in the Johnnie
Fay Ray v. United States of America, 1:97-CV-0091-C, FTCA claim.

FTC OKLAHOMA
District Attorney Bob Macy and several special investigators
toured the FTC on February 4, 1998. Mr. Macy has not decided
whether or not a mUlti-county state grand jury will convene
regarding the Trentadue matter. The institution is currently
assisting Mr. Macy's investigators with their preliminary
investigation ..

CRIMINAL MATTERS AND PROSECUTIONS
FCI BASTROP
Inmate David Gaidusek was witnessed ingesting what
balloons in the visiting room. He was placed in a
several days, after which several balloons emerged
contents tested positive for heroin. The case has
to the FBI.

appeared to be
dry cell for
and the
been referred

FCC BEAUMONT
Inmate Regaldo was found in Possession of Marijuana, and inmates
Regalado and Macias were also found in possession of heroin on
February 11, 1998. Case referred to FBI; determination pending.
The visiting wife of inmate Macias was arrested and charged with
attempting to introduce marijuana into the USP. Through·
intelligence gathering, Correctional Services staff were
expecting the visitor, coordinated with the FBI, and obtained a
search warrant prior to her entering the institution. Upon
refusing a requested search, the woman was arrested by FBI agents
and searched, revealing several balloons of marijuana under her
breast.
United States v. Jose Ricardo Ruiz, 1:98-CR-3, ED/TX.
FPC Beaumont inmate scheduled for trial on escape on Monday,
March 2, 1998. The other inmate who escaped with him, Samuel
Flores, previously pleaded guilty to escape and is awaiting
sentencing.
FCI FORREST CITY
On January 1, 1998, inmates V. Griffieth and C. Pulliam 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.
On January 3, 1998, inmates D. Nicholas and D. Shell were
involved in a fight in the housing unit. The inmates received
minor injuries. The case was declined and the Warden agrees with
the decision.
On January 4, 1998, inmates S. Ortiz and J. McMahon were involved
in a fight in the food service area. M~nor injuries were
sustained. The case was declined and the Warden agrees with the
decision.
On January 8, 1998, inmates J. Quintero and P. Lopez were
involved in a fight in the Facilities Department. Minor injuries

o

were sustained.
the decision.

The case was declined and the Warden agrees with

On January 14, 1998, inmates M. Castano and V. Ayulo were
involved in a fight in the housing unit. The inmates received
minor injuries. The case was declined and the Warden agrees with
the decision.
On January 24, 1998, several inmates were involved in a fight.
The case is still pending. The inmates involved were
J. Guthridge, F. Carrillo, J. Munoz, G .. Gonzales, B. Cedillo, and
J. Gonzales. The fight took place in the housing unit and minor
injuries were sustained.
On February 6, 1998, inmate J. Johnson refused to cuff up. No
injuries were sustained. The case was declined and the Warden
agrees with the decision.
On February 8, 1998, inmate A. Nelson assaulted his visitor in
the Visiting Room . . No injuries were sustained. The case was
declined and the Warden agrees with the decision.
On February 10, 1998, inmate F. Pelester assaulted staff in the
Special Housing Unit by throwing an unknown liquid on the staff
member. No injuries were sustained. The case was declined and
the Warden agrees with the decision.
On February 11, 1998, several inmates were involved in a fight.
The case is still pending. The inmates involved were M. Byse,
W. Harden, and A. Greggory. The fight took place in the housing
unit and minor injuries were sustained.
FMC FORT WORTH
Inmate Joel Canales was assaulted by Kamal Patel and Abel Saenz
on February 4, 1998. This assault was considered serious and
Canales sustained numerous injuries. The inmates were placed in
Administrative Detention pending investigation, and the case was
referred to the FBI for possible prosecution.
Randy Davis, Relford Hankins and Tyrone Ferrell attempted ·to
sexually assault Lin Davis by tying him to his bed on Houston
Unit on February 4, 1998. Inmates were placed in Administrative
Detention pending investigation. The case was referred to the
FBI for possible prosecution.

FTC OKLAHOMA
Inmate on inmate assault on January 26, 1998, involving punches
to the chest and facial areas, with no medical treatment
required. The FBI declined the matter for prosecution and the
Warden concurs.
Unit Officer observed a fight on February 8, 1998, between two

inmates who were pushing each other. The Officer separated and
removed the inmates from the unit. No medical treatment was
necessary, and prosecution was declined. The Warden concurs
with this decision.
Inmate on staff assault occurred on February 9, 1998. SHU inmate
Abduk Adediran became uncooperative when he was told he could not
take various articles out to recreation with him, at which point
he refused recreation. When the inmate was placed back in the
cell, he attempted to pull away from the officer as the handcuffs
were being removed. The officer, in trying to retain his
handcuff key, struck his hand against the food slot and sustained
lacerations to two of his fingers. The FBI was notified but
declined prosecution because the officer only received a minor
cut. The Warden concurs.
.
Inmate on inmate assault on February 12, 1998, in
R&D·. Staff observed inmate Richard Garza kicking
Lopez, and a piece of pencil lead sticking out of
of inmate Lopez's neck. The FBI was notified and
prosecution. The Warden concurs.

holding cell in
inmate Armando
the left side
declined

FCi TEXARKANA
(Update) On February 17, 1998, inmates Ray Mack and Rodrick
Robinson pleaded guilty to escape from Texarkana Camp.
Sentencing is scheduled for a later date.
PERSONAL ISSUES
Mike Hood

March 9-13

Annual Leave

Lisa Sunderman

March 26-27

Annual Leave

Marsha Foulks

March 6
March 9-27

Annual Leave
Glynco, GA

Jason Sickler

March 18-20

Annual Leave

Martin Sweaney

March 16-20

Annual Leave

Josie Wilches

March 4 and 6
March 9-10

Annual Leave
Annual Leave

Patsy Davis

March 30

Annual Leave

..

U.S. Department of Justice

Federal Bureau of Prisons
Dallas, Texas 75219

South Central Regional Office

April 3, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - March 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN
160
90

FEB
180
108

APR

MAR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

189
141

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
133
56
33
156
0

FEB
156
67
36
187
1

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

AUG

SEP

OCT

NOV

DBC

195
52
46
201
1

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

JAN
56
28
28
56
22

FEB
56
30
22
54
45

MAR

54
43
82
15
13

APR

MAY

JON

JUL

.

LITIGATION
JAN
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

MAR

0

FEB
15
9
9
3
2
1
17
2

0

0

0

17
4
13
4
0
0

12

APR

MAY

JON

JOL

AUG

SEP

OCT

NOV

DEC

19
34
11
6

1
2
15
2

CASES WITH HEARINGS OR TRIALS
Pettigrew v. Fleming, A-97-CA-088-SS, WDTX. Habeas Corpus
petition revived by an inmate at FCI Bastrop.
In 1997, the court
ruled that the petitioner was non-violent, so the BOP sent him to
a halfway house early so he could benefit from the sentence
reduction provision of 18 USC Section 3621(e).
Petitioner
consumed alcohol while at the halfway house, and was sent back to
Bastrop, where he revived his petition.
In response to a motion
.for immediate release, a hearing was held. The court dismissed
the petition on the ground that the Fifth Circuit's ruling in
Venegas removed any eligibility for reduction for which the
petitioner mayor may not have been· eligible.
A trial took place March 16-19, 1998, in Haroldo R.
Martinez-Rodriguez v. United States, Civil No. EP-96-224-F
(WD/TX), an FTCA medical malpractice case originating from FCI La
Tuna.
Post trial briefing is currently taking place. Although
we do not expect the Court's ruling for several weeks, prior to
the completion of the government's case, the Court indicated that
it was contemplating a damage award for only a small portion of
plaintiff's requested damages.
This award would be for pain and
suffering the plaintiff experienced during the eight-month period
preceding the time in which plaintiff was offered a surgery he
states was required.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

Whitley v. Flowers - In this EI Reno 3621(e) case, the inmate was
denied early release eligibility due· to his two point enhancement

.
under Section 9. Chief Judge Russell found Martin v. Gerlinski
persuasive. This ruling comes after two other judges ruled in
favor of the BOP (Fristoe v. Thompson and Owens v. Flowers). The
inmate was placed in a CCC, and we have recommended he only serve
4 months in transitional services due to the particular facts and
rulings in this case.
b.

Tort Claim settlements

None
c.

Other settlements

None
SIGNIFICANT CASES

FPC Bryan reports: Scott v. Pendleton - C.A. #H-97-1928 (S.D.
TX, Houston Division). Inmate seeks early release pursuant to
§3621(e). Petitioner has exhausted Administrative Remedies.
Recommended MSJ based on Venegas decision.
FPC Bryan: Soears v. Pendleton - C.A. #H-97-2178 (S.D. TX,
Houston Division). Inmate seeks early release pursuant to
§3621(e). Recommend MTD based on lack of standing to bring suit
as Petitioner has declined RDAP participation and, therefore, has
not successfully completed the program. Also, he has not
exhausted Administrative Remedies. MSJ recommended based on
Venegas decision.
FPC Bryan: Pinkston v. Pendleton - C.A. #H-97-2166 (S.D. TX,
Houston Division). Inmate seeks early release pursuant to
§3621(e)., Recommended MSJ based on Venegas decision
Vernon Ray Robertson v. USA, CIV-97-1643-C. In this FTCA case,
the FTC Oklahoma City tort claim was settled in the amount of
$1500.00, and paid toward restitution pursuant to a court order.
The case involved failure to protect issues, as he was assaulted
by a high security inmate.

SIGNIFICANT TORT CLAIMS

FMC Fort Worth inmate Linn Edward Davis alleges failure of BOP
officials to protect him from attempted sexual assault in his
room. He claims liability in the amount of $4,400,000.00.
(T-SCR-98'-078 )

Sharon Gladden as personal representative of the estate of Joseph
Scott Gladden, deceased (T-SCR-98-134). Claimant is represented
by counsel and seeks $100,000.00 under several liability
theories, all of which attempt to make the United States
responsible for the suicide death of this former FCI EI Reno
staff member. Mr. Gladden committed suicide shortly after the
October 1995 disturbance at FCI EI Reno.
Inmate Tracy Anne Dziadura is represented by counsel and seeks
$2,070,000.00 under numerous liability theories. Ms. Dziadura
states that an FTC Oklahoma City staff member raped her while she
was incarcerated at that facility. The U.S. Attorney's Office is
pursuing criminal charges against the named staff member.
(T-SCR-98-135)
The Central Office and Regional Office held a teleconference
regarding settling the Norma Carter FPC Bryan tort claim for
$150,000.00. A final decision is pending.
Attorney has been appoin~ed on the Flores-Cabrera wrongful death
claim from FPC Bryan. The attorney seeks settlement now not
based solely on daughter's claim, but also on behalf of the
estate.
MOORE, Larry, an inmate at USP Beaumont, alleges medical
negligence in treating a nail fungus and buttocks rash and seeks
$500,000.00.
Claim is significant because it is the first
medical negligence claim which involves actions of the
independent contractor, University of Texas Medical Branch. The
investigation of this claim will be limited to determining
whether government staff overstepped the bounds of the
contractual relationship in providing health care to the inmate.
Presumably, the claim will be denied based on the independent
contractor exception to the FTCA.
Inmate Dimas Soto Valencia claims medical malpractice for care
received at FCI Big Spring, which led to a heart attack.
Inmate
is seeking $30,000,000. The case is being reviewed by the
Regional Health Services Administrator. We anticipate some
problems with this case.
Michael Kennedy at FCI Oakdale alleges his refusal to be placed
in restraints for outside medical trip forced him to refuse
medical treatment. He alleges that because did not receive
medical treatment, he continues to suffer pain and have
difficulty in walking.
Inmate is seeking $2,500,000. Many
aspects of ths claim are in litigation in the Western District of
Louisiana. (T-SCR-98-073)

SIGNIFICANT ADMINISTRATIVE REMEDIES

..
None

UPCOMING TRIALS OR HEARINGS

None

MEDICAL MALPRACTICE
LITIGATION

Cancio v. United States, et al. The plaintiff alleges medical
staff at FCI Oakdale failed to provide appropriate medical
treatment for an injured finger.
Plaintiff suffered a broken
finger. He received prompt medical attention, but alleges
follow-up medical treatment was non-existent.
Telfair v. United States, et al. The plaintiff is paraplegic and
confined to a wheelchair. Because of this confinement, the
plaintiff suffers hemorrhoids and recurrent anal fissures.
The
plaintiff alleges he did not receive proper medical treatment and
equipment that would prevent the occurrence and reoccurrence of
these conditions. The plaintiff has filed a tort claim on the
same issues. See tort claim T-SCR-97-25.
TORT CLAIMS

Inmate Corrine Ford alleges that she sustained further injury to
her knee due to lack of medically accessed vans and poorly
trained staff at FMC Carswell. She claims liability in the
amount of $250,000.00. (T-SCR-98-040)
Inmate Ann Jenkins alleges that delay of proper medical care at
FMC Carswell caused amputation of her toe. She claims liability
in the amount of $10,000.00. (T-SCR-98-050)
See also significant tort claims heading.

ENSIGN AMENDMENT
LITIGATION
None

.
. TORT CLAIM
None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
Braun v. DOJ, Order of Dismissal dated March 25, 1998. Plaintiff
had filed four previous lawsuits in which the court had found to
be frivilous.
Plaintiff had alleged that staff had denied him
access to the courts by not allowing him to keep legal material
belonging to other inmates.
Plaintiff was recently transferred
to Fcr Texarkana.

SITUATIONS OF INTEREST
FTC OKLAHOMA
District Attorney Bob Macy's state investigators conducted
luminol testing of SHU cell 709A on March 2, 1998, and orG
continues with their investigation and interviewing of staff
relating to the Trentadue matter.
The Trentadue defense inspection of the FTC was held on
March 18, 1998, and attended by six private counsels in addition
to BOP and DOJ attorneys.
Trentadue Rule 30(b) (6) depositions were conducted on
March 25-26, 1998, at plaintiff's counsel's office in Oklahoma
City.

CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT

United States v. Jose Ricardo Ruiz , 1:98-CR-3, E.D.TX. - Inmate
escaped from FPC Beaumont. On March 25, 1998, the AUSA reported
inmate Ruiz signed a plea agreement and will be scheduled for
sentencing. The other inmate who escaped with him, Samuel
Flores, previously pleaded guilty to escape and is awaiting
sentencing.
FCI FORREST CITY
On February 27, 1998, inmate Juan Anial-Clara assaulted inmate
Guadalupe Gonzales by kicking him on the left side of his face in
a housing unit. The FBI was notified, declined prosecution, and
the Warden agrees.
On March 4, 1998, inmate Mario Castano-Perez sprayed an unknown
substance on inmate Christopher Reigle striking inmate Reigle in
his face.
Two staff were also sprayed with the unknown
substance. One staff member was sprayed on the back of his head
and shoulder areas and the other staff member was sprayed on his
upper left shoulder and head areas. No injuries were sustained.
The FBI declined to prosecute, and the Warden agrees with the
decision.
On March 5, 1998, inmate Walker pushed inmate Rodriguez. Then
Rodriguez pushed inmate Walker into a wall locker. Upon contact
with the locker, inmate Walker received a cut to the left side of
his face.
Inmate Rodriguez did not sustain any injuries. The
FBI declined to prosecute, and the Warden agrees with the
decision.
On March 10, 1998, inmate Charles Sargent was identified as
having been involved in a fight with inmate Clifford Brown. Both
inmates were examined by medical staff and were placed in SHU
pending investigation.
On March 13, 1998, inmate Osamu Takino assaulted inmate Walter
Kasierczak by throwing a glass filled with an unknown liquid at
the inmate striking him in the face. Both inmates received
medical evaluations with no apparent injuries. The FBI was
notified, declined to prosecute, and the Warden agrees with the
decision.
On March 21, 1998, at approximately 3:50 P.M., there was a
physical altercation involving nineteen inmates in a housing
unit.
Inmates Crosthwaite-Contreras, R., Ortiz-Quezada, J., and
Rodriguez-Ruiz, F. received obvious injuries. All identified
inmates were subsequently placed in SHU.
and the investigation continues.

The FBI was notified,

On March 21,1998, at approximately "10:15 P.M., inmate

Castaneda-Romero, J. reported that he had been assaulted by
unidentified inmates.
Investigation into the assault revealed
several inmates as possible assailants. Several inmates received
minor injuries.
The FBI was notified and an investigation
continues.
On March 23, 1998, staff were notified that inmate Omar
Amaro-Olvera had a torn T-shirt and minor abrasions to the face
and upper lip. The inmate stated that he was involved in a fight
with a guy for jumping in front of him during mainline; however,
he refused to identify the other inmate. The inmate was examined
and placed in SHU. The FBI were notified, and an investigation
continues.
FMC FORT WORTH
On March 3, 1998, at FMC Fort Worth, Thomas Lowe assaulted a
staff member. He was placed in Administrative Detention pending
investigation, and the case was referred to the FBI for possible
prosecution.
ERNANDEZ-ESPINOSA, Ernesto, assaulted a staff member at
FMC Fort Worth on March 3, 1998. He was placed in Administrative
Detention pending investigation. The case was referred to the
FBI for possible prosecution.
The referral of January 3, 1998, previously reported on Gerardo
Villarreal-Tamayo for Possession of Marijuana, has been accepted
by the FBI for prosecution.
FTC OKLAHOMA
On Feburary 24, 1998, inmate on staff assault occurred involving
inmate Roger Cullen, who slapped a nurse on both sides of his
face with open hands. He sustained no injuries, and inmate .
Cullen was placed in SHU. The FBI was notified and because of
the lack of injury and the nature of the circumstances, declined
referring the matter for prosecution. The Warden concurs.
On February 25, 1998, inmate on inmate assault.
Inmate Ronald
Christy struck inmate Eugene Smith in the forehead and chest
areas. Neither inmate sustained any injuries.
The FBI declined
referring the matter for prosecution. The Warden concurs.
On March 2, 1998, inmate on staff assault occurred when inmate
Lorenzo Watson was argumentative with the unit officer and forced
open the television room door, which the officer was attempting
to secure. The door struck the officer in the forehead.
Responding staff placed the inmate in restraints and placed him
in SHU. The officer was treated by medical staff for a minor
contusion to the forehead.
The FBI was notified, and declined
referring the matter for prosecution because of the minor
injuries~
The Warden concurs.

It

On March 10, 1998, inmate on inmate assault occurred when inmate
Juan Garcia told staff he had been assaulted and had several
contusions to his lip, head, and shoulder areas. The unit was
secured for a cell to cell search, which revealed inmate Julian
Gurolla had injuries consistent with his involvement in an
assault. Neither inmates required medical treatment. The FBI
was notified but declined referring the matter for prosecution.
The Warden concurs.
On March 14, 1998, inmate on inmate assault occurred involv~ng
inmate Vera-Porras striking inmate Hernandez-Gutierrez in the
facial area during a verbal altercation. The FBI declined
referring the matter for prosecution.. The Warden concurs.
On March 18, 1998, inmate on inmate assault occurred when inmate
Jerome Copeland struck inmate Walter Myles in the facial area.
The FBI declined referring the matter for prosecution. The
Warden concurs.
On March 19, 1998, inmate assault occurred when inmate David
Taylor approached the unit officer with injuries to his left eye
consistent with being assaulted, but claimed he sustained his
injuries the previous night when he fell in the shower. Medical
staff treated inmate Taylor for a 2 cm laceration and swelling to
the left eye. The FBI declined referring the matter for
prosecution. The Warden concurs.
Update: Contact with Assistant U.s. Attorney Mark Yancey,
Criminal Division, revealed Civil Rights is still investigating
the matter of sexual abuse by former Correctional Officer
McManus. Mr. Yancey only recently received the investigation
report conducted by the FBI.
FeI TEXARKANA

On March 16, 1998, during a routine search of inmate Richard
Drinkard's cell in the SHU, a balloon containing marijuana was
discovered. The incident was referred to the FBI, and they
declined to investigate due to the diminutive amount. The Warden
concurs.
(Update) - The FBI is working on a plea agreement between inmates
regarding their actions to steal government property and use the
chemicals for the production of narcotics.
FeI THREE RIVERS
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PERSONAL ISSUES
Scheduled Annual/Sick Leave:
Lisa Sunderman

April 17
(1/2 day)
April 20-21

Annual Leave

Marsha Foulks

April 10, 13

Annual Leave

Linda Nutt

April 3, 6

Annual Leave

Patsy Davis

April 24, 27

Annual Leave

Paul Layer

April 13, 14

Annual Leave

Linda D,uBose

April 13May 1

Annual Leave

Mike Flagor

April 2, 1998

-

!h

,

Sick Leave

Other Scheduled Absences:
Lisa Sunderman

April 6-10

rcp, FCr Bastrop

Jason Sickler

April 27-30

Sentencing Training
Denver, CO

Paul Layer

April 6-10

Karen Summers

April 27-29

Leadership Forum
Alexandria, VA
Sentenc~ng Training
Denver, CO

Julie Gerardi

April 27-29,

Sentencing Training
Denver, CO

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

South Central Regional Office

May 5, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - April 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN
160
90

FEB
180
108

APR
163
85

MAR

189
141

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
133
56
33
156
0

FEB
156
67
36
187
1

MAR

195
52
46
201
1

APR
201
48
45
205
1

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

AUG

SEP

OCT

NOV

DBC

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

JAN
56
28
28
56
22

FEB
56
30
22
54
45

MAR

54
43
82
15
13

APR
15
88
70
33
10

MAY

JON

JUL

LITIGATION
JAN
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

FEB
lS
9
9
3
2

MAR

1

3
1

0

1
17
2

2
lS
2

2
14
1

0

0

0

0

17
4
13
4
0
0

12

19
34
11
6

APR
14
3S

MAY

JtJN

JUL

AUG

SEP

OCT

NOV

DEC

8

.

CASES WITH HEARINGS OR TRIALS
Estrada-Guerrero, Ruby; 69166-198 - Emergency mental health
commitment pursuant to §4245 was held April 24, 1998. The inmate
was committed by the District Judge.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

Caliste v. Flowers- 3621(e) Habeas. An inmate at FCI El Reno
was denied early release eligibility due to his two point
enhancement under Section 9. The R&R from Magistrate Bana
Roberts found Martin v. Gerinski persuasive and in accordance
with Whitley. This ruling comes after two other judges
ruled
in favor of the BOP (Fristoe v. Thompson and Owens
~
Flowers) .
Summary judgement has been entered against the United States
in the FPC Bryan case of Ahr v. Reno, a civil action based
upon an assertion that the government breached the Settlement
Agreement, which resolved this former employee's EEO
Complaint. Settlement authority not to exceed $15,000 has
been sought, and the Court has directed that mediation
between the parties occur in the near future.

b.

Tort

Cla~

settlements

None

c.

Other settlements

None
SIGNIFICANT CASES
FPC EI Paso reports V. Vasquez v. J. Aguirre, et al.,
EP-97-CA-503-DB (WD/TX), a medical treatment case. The case is
significant in that it received coverage in the El Paso Times
newspaper on April 19, 1998. The article addressed inmate
litigation in the EI Paso area. This case is also significant in
that an initial review of the matter indicates there is a
possibility that records for a brief period of time may be
missing from plaintiff's medical file.

SIGNiFiCANT TORT CLAIMS
. Inmate Dimas Soto Valencia, an inmate at FCI Big Spring, claims
medical malpractice led to a heart attack.
Inmate is seeking
$30,000,000. He has also filed a Bivens suit. This case is
being forwarded to the Office of Quality Management.
(T-SCR-98-045)
.

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Settlement was offered to James Valiant in the amount of $645.00.
Inmate Valiant sought $1,795.46 for the loss of numerous pieces
of personal property that could not be located when he was
returned to general population after spending one day in the
Special Housing Unit of FCI El Reno.
Institution staff could not
account for the whereabouts of· inmate Valiant's property and
believe that some of it was inadvertently discarded.

SIGNIFICANT ADMINiSTRATIVE REMEDIES
None

UPCOMING TRiALS OR HEARINGS
Claudette Hubbard v. United States; 4-97-CV-195-WS, ND/FL
Tallahassee Division. Trial continued to May 26, 1998.
Telephone conference was held on April 22, 1998 with AUSA,
Plaintiff's attorney, and four staff members.
Inmate Hubbard

alleges that three rings with stones, (inmate values at $6,000),
were improperly confiscated and destroyed. BOP Policy and
guidelines were followed by FMC Carswell staff.
Muhammad, Ruth - Contacted AUSA to file for a §4245
Mental Health Commitment Hearing.
Thomas Norris Thompson v. USA.is set for trial in the Dallas
Division of the Northern District of Texas for May 4, 1998, at
10:00 a.m.

MEDICAL MALPRACTICE
LITIGATION
See Valencia case under significant tort claims heading.
TORT CLAIMS
See also significant tort claims heading.

ENSIGN AMENDMENT
LITIGATION

None
TORT CLAIM
None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
None

SITUATIONS OF INTEREST
FMC FORT WORTH
On April 20, 1998, the SIA received a note indicating inmate
Alvin Jones was conducting a business by charging inmates for
legal assistance.
Inmate Jones was placed in the Special Housing
Unit pending an investigation. When inventorying Jones'
property, it was discovered he had personal information
concerning Executive staff including their home addresses.
Inmate Jones was interviewed by the fBI and the SIA. He is
pending a transfer.
FTC OKLAHOMA
A second Trentadue defense inspection of the FTC was held. on
April 7, 1998.
In attendance were numerous defense counsels who
were unable to make the first scheduled inspection on
March 18, 1998.
Plaintiffs in Trentadue inspected the FTC on April 16, 1998.
In
attendance were attorneys Charles Sampson, Scott Adams, Jesse
Trentadue, along with Rudy Riet, one photographer, and one
videographer. Also in attendance were DOJ attorneys Steven
Snyder and Peter Schlossman.

CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
(LOW) On March 24, 1998, inmate Luis Carmona-De La Torre
physically assaulted an officer resulting in minor injuries. The
case was referred to FBI for prosecution. A decision is pending.
Former staff member was indicted on April 23, 1998, on one count
of conspiracy to provide contraband in a prison and another count
of possession of marijuana in a prison.
Inmate William Talley
was indicted on the same two counts. Each individual faces a
maximum sentence of 10 years in prison and a $500,000 fine.
The
staff member is currently free on bond.
FCI FORREST CITY
On March 31, 1998, inmate Rodriguez-Cortez stated to his Detail
Supervisor that inmate Delgado-Avilez placed an air staple gun
against his left hip and pulled the trigger, discharging a staple
into his hip.
Inmate Rodriguez-Cortez was seen by medical staff
and treated for two puncture wounds to the left hip.
Inmate
Delgado-Avilez was placed in SHU. The FBI declined prosecution,

and the Warden agrees with the decision.
On March 31, 1998, recreation staff requested assistance due to a
physical altercation involving approximately five inmates.
Inmate Valdivia was treated for a scratch under his upper and
lower lips.
Inmate Montes-Alfaro was treated for a scratch under
the left eye. No other injuries were noted. All identified
inmates were examined by medical staff and subsequently placed in
the SHU. The case in now under investigation by the FBI.
On April 12, 1998, SHU staff responded and found inmate
Garcia-Becerra, after having his hand restraints removed,
assaulting inmate Depaz-Ostorga. Inmate Depaz-Ostorga was in
hand restraints at the time of the assault. The FBI was
notified, and an investigation continues.
On April 13, 1998, inmates Munoz-Pera and Castro were fighting on
the SHU recreation yard. Staff separated the inmates and
escorted them to Medical Services for treatment.
Inmate Castro
received multiple abrasions and lacerations to his facial area
and right forearm.
Inmate Munoz-Pera sustained multiple
abrasions to both of his hands (knuckles). Both inmates were
placed back in the SHU. The FBI declined prosecution, and the
Warden agrees with the decision.
On April 17, 1998, staff observed inmate Timothy Fisher leaving
from the back of the unit at a fast pace going into the restroom.
The inmate had been injured.
Inmate Rios-Ortega was observed by
the Ope.rations Lieutenant having multiple abrasions to the chest
area and a cut on the inside of his lower lip.
Inmate Fisher
made a picture identification of inmate Rios-Ortega as the inmate
he was involve in a fight with. The FBI declined prosecution,
and the Warden agrees with the decision.
On April 19, 1998, inmate Marmolejo and Morales-Maldonado were
involved in a fight.
Both inmates were throwing closed fist
punches at one another. Both inmates were examined by medical
staff and subsequently placed in SHU. The FBI declined
prosecution, and the Warden agrees with the decision.

FMC FORT WORTH

On March 29, 1998, at FMC Fort Worth, Long Term Care Unit,
inmates Pablo Estevez-Rodriguez and Keo Sipraseuth were involved
in an altercation. No prosecution will be sought.
Former staff member pleaded guilty to possessing and providing
contraband to federal inmates. The staff member ran a drug
delivery service for almost two years, wherein he smuggled liquor

· and drugs into the institution. He faces up to 20 years
imprisonment without parole and a fine of $250,000. Sentencing
is scheduled for July 7, 1998.
FTC OKLAHOMA
Inmate on staff assault on AprilS, 1998, involving inmate Ismael
Pompa-Martinez who grabbed the officer's arm through the SHU food
slot. There were no injury to staff or inmate. FBI was notified
and failed to refer for prosecution because the incident lacked
sufficient amount of injury to meet the prosecutorial guideline.
The Warden concurs with this decision.
Inmate on staff assault on April 6, 1998, involving the same
inmate as above when he threw a liquid substance out the food
slot and it struck the SHU officer. Again, there was no serious
bodily injury, the FBI declined referring the matter for
prosecution, and the Warden concurs.
Inmate on staff assault on April 8, 1998, involving inmate David
Bishop who attempted to kick the unit officer in the face when he
was ~onducting a pat search on the inmate. The officer was able
to block the kick and was not harmed. Responding staff escorted
inmate Bishop to SHU and enroute he kicked in a backward motion
and struck an officer in the knee, became combative, and
attempted to break free.
Inmate Bishop was treated for minor
redness to his wrists and superficial scratches to the upper
chest. Staff members sustained minor abrasions, scratches, and
contusions. The FBI was notified but declined referring the
matter for prosecution due to failure to meet prosecutorial
guidelines for serious bodily harm. The Warden concurs.
'Inmate on staff assault on April 13, 1998, during an escort in
SHU, when inmate Stephen McClay resisted staff and assaulted an
officer by biting him on the left forearm. Officers were treated
for bruising of the left arm and abrasion to the right knee. The
injuries failed to meet the USAO guidelines for serious bodily
injury; thus, the FBI did not refer the matter for prosecution.
The Warden concurs.

FCl TEXARKANA
On April 17, 1998, a staff member was arraigned by the Grand Jury
for providing contraband to an inmate. The staff member asserted
a not guilty plea.
On April 17, 1998, a staff member was indicted by the Grand Jury
for having sex with an inmate and making a false statement.
Arraignment is scheduled for a later date.

FCI THREE RIVERS

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'PERSONAL ISSUES
Scheduled Annual/Sick Leave:
Mike Hood

April 29May 4

Annual Leave

Marsha Foulks

May 8
May 11

Annual Leave
Sick Leave

Patsy Davis

May 1
May 4

Annual Leave

Mike Flagor

May 7
May 25

Annual Leave

Julie Gerardi

April 30
May 1

Annual Leave

Jim Schluter

May 8-18

Annual Leave

Georganne Osborn, Paralegal Specialist, will be reporting to FMC
Carswell in May. Best Wishes Georganne.
AnTran will be on maternity leave soon. Local legal duties have
been delegated to various individuals within the institution.
If
you have any questions, please contact either AW(P) Brian Hoyt or
Executive Assistant Gary Gray.

Barbara Wilson returned on May 4, 1998.

Other Scheduled Absences:
Lisa Sunderman

May 27, 28

Staff Assistance
Visit, Fcr Forrest
City

..

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

Dal/as, Texas 75219
June 5, 1998

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - May 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

FEB
180
108

JAN
160
90

APR
163
85

MAR

189
141

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

197
158

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
133
56
33
156
0

FEB
156
67
36
187
1

195
52
46
201
1

MAR

APR
201
48
45
205
1

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

MA

JU

N

JU
L

AU
G

SE
P

OC
T

NO

Y

V

DE
C

193
45
53
185
1

FOI/PRIVACY
FE

MA

B

PENDING

JA
N
56

56

R
54

AP
R
15

RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

28
28
56
22

30
22
54
45

43
82
15
13

88
70
33
10

*2
1
45
41
21
9

*Adjusted total of pending cases from last month.

LITIGATION

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

JA
N
17
4
13
4
0

FE
B
15
9
9
3
2

MA

1

3
1

10
29
3
4
1

0
12
0

1
17
2

2
15
2

2
14
1

2
15
2

0

0

0

1

0

R
19
34
11
6

AP
R
14
35
8

MA

JU

JU

Y

N

L

AU
G

SE
P

OC
T

NO
V

DE
C

CASES WITH HEARINGS OR TRIALS
Telephone Spears hearing conducted on May 13, 1998, in Green case
(reported below).
It appears that the majority of claims in this
complaint are time barred and will be dismissed. The only
complaint still alive concerns the issue whether inmate should
receive reconstructive knee surgery. Judge feels this issue
could be addressed at FeI Three Rivers.
William Kennedv v Dr. Joseph Berry, SD/TX. This complaint
involves a contract psychiatrist that prescribed medication which
the inmate felt he should not have received.
It appears the
majority of the claims are time barred and will be dismissed. At
this point it is unknown whether DOJ will approve representation
in this FeI Three Rivers case. See significant tort claim
section below.
CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments
Wali Muhammed v. USA, 4:96-CV-711-A. The Honorable John
McBryde rendered a $45,000 judgment against the United
States, stating that the BOP did not properly house the
inmate at FeI Texarkana and FeI EI Reno due to his medical
condition. The court held we .breached our duty to
appropriately house inmates under Title 18 u.s.c. 4042. A
. memo is being prepared discussing an appeal.

b.
None

Tort Claim settlements

..
c.

Other settlements

None
SIGNIFICANT CASES
Rocha v. Reno, A-97-CA-549-SS, WDTX. Defendant's Motion for
Summary Judgment was granted by court. This FCI Bastrop age and
race discrimination EEO claim would otherwise have gone to trial
in June.
FPC Bryan reports that a court ordered mediation in Ahr v. Reno
took place on May 7, 1998. An agreement could not be reached at
that time. On Friday, May 22, 1998, institution legal staff were
advised that Ms. Ahr sent a letter to the AUSA offering to "split
the difference" between the last settlement offers, and accept
$11,250 to settle both the civil case and the pending EEO
complaint. A draft agreement is in process at this time, and it
is expected that the case will be settled in the near future.
Steven Sherrod v. Bob Guzik, CIV-97-1530-1. In this FTC Oklahoma
City case, the court ordered remand to the BOP to consider
Petitioner as convicted of a non-violent offense and a sentence
reduction for successful completion of the drug treatment
program.
Dennis O'Neal McAnnich v. Frank Woods. et al., SD/TX, C.A. No.
C-96-132, Bivens. Case dismissed with prejudice .on March 31,
1998. This case has been ongoing since March 1996. There were a
total of 118 documents filed in court, three court appearances,
six telephone conferences, and one unsuccessful mediation
conference. The complaint centered on plaintiff's belief that
defendants were deliberately indifferent to the problems he
experienced with his shoulders. He claimed he had been denied
surgery as recommended by two physicians and that defendants
retaliated against him for filing the lawsuit by subjecting him
to transfers, cell searches, and other harassing conduct. The
court granted summary judgement finding there was no genuine
issue of material fact on plaintiff's Eighth Amendment or
retaliation claims and that defendant's conduct was objectively
reasonable.
Alfred Green v. USA, C.A. No. C-98-103, SD/TX, Bivens.
In this
FCI Three Rivers case, the plaintiff has named 15 staff members
in his complaint. No defendants have been served, but the court
ordered a telephonic Spears hearing.
Plaintiff is alleging he
injured his back while employed in UNICOR in 1996, and as a
result went to a medical center for treatment.
SIGNIFICANT TORT CLAIMS
On March 30, 1998, inmate Brocchini, an inmate at FCI Forrest

o

.City, was given an order to move away from the food slot in his
door so the slot could be secured. He refused the order and
advised the officer to stand back, he (Brocchini) was going to
"get that MF," and he attempted to close the food slot, However,
the inmate continued to push the food slot open. The SHU #1
officer then closed the food slot and held it closed with his
body. The inmate then complained of an injury to his finger.
The food slot was opened and the injury examined. The inmate was
seen by institution medical staff and referred to the local
hospital for emergency speciality treatment. The FBI and SIS
were notified, and the case was referred to OIA.
William Kennedy seeks $5,000,000.00 compensation for liver, back,
brain, and emotional injury as a result of the BOP placing him
under clinical trial without his consent. Claims contract
psychiatrist gave him medication without his knowledge or
consent, which caused liver damage and panic atta~ks. He
believes the drugs induced hepatitis. (FCI Three Rivers)
SIGNIFICANT ADMINISTRATIVE REMEDIES
Inmate Margaret Broderick at FMC Carswell claims discrimination
because she is not allowed to use the bold key on. the typewriter
for the entire content of her legal documents. She is claiming
that she is visually impaired. Response includes explanation that
she will be scheduled for an eye exam.
Inmate Bee Tyler at FMC Carswell requests she be allowed to
attend RDAP. She claims discrimination due to her physical
limitations.
(She has polio and is in a motorized wheelchair,
but she has no other medical limitations). Response advised her
that if she met the RDAP requirements then she could pursue with
her unit team the chance of being designated to Bryan.
See Significant Tort Claims Section above from FCI Forrest City
pertaining to inmate Brocchini.
Kamel Patel, an inmate at FMC Fort Worth, is again bringing up
the issue of his religious ring. This issue was previously
addressed via the Administrative Remedy Procedure in 1996;
however, he now wishes to challenge the Bureau's decision to
allow him to wear the ring on a chain under his shirt. He
asserts the stone in the ring must touch his skin.
UPCOMING TRIALS OR HEARINGS
None
MEDICAL MALPRACTICE

..
LITIGATION
Shrader v. Sandoval, A-97-CA-896-SS, USDC/WDTX.
FCI Bastrop
plaintiff alleges that defendant physically abused him during a
rectal examination. OIA investigation failed to sustain the
charge. Defendant, as a PHS officer, should be granted exclusive
immunity, resulting in dismissal.
TORT CLAIMS
Inmate Maria Ramos alleges medical negligence in regard to her
shoulder pain that she has had since entering the Bureau of
Prisons. She claims liability in the amount of $70,000.00.
ENSIGN AMENDMENT
LITIGATION
'None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
,LITIGATION
None
TORT CLAIM
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FPC BRYAN
On Wednesday, May 20, 1998, u.s. Dist.rict Judge Vanessa Gilmore,
S.D. TX, visited FPC Bryan to speak to the graduation class of
the Intensive Confinement Center. Judge Gilmore was provided a
tour of the institution following the graduation ceremony.
FMC CARSWELL

Activation of Administrative Unit on May 21, 1998.
Activation of General Population Unit scheduled for
May 26, 1998.
FCI EL RENO
Recently a peer review was conducted of the Legal Services
Department.
CRIMINAL MATTERS AND PROSECUTIONS
FCI FORREST CITY
On May 2, 19·98, inmates Hernandez-Lopez and Castaneda-Romero
assaulted inmate Guerra with closed fists and a plastic chair in
a housing unit. All three inmates were examined by medical
staff.
Inmate Guerra received blunt trauma to the head and
forearm.
Inmate Hernandez-Lopez and Castaneda-Romero received no
injuries. All three inmates were placed in the SHU. The FBI was
notified and an investigation continues.
On May 13, 1998, the Plumbing Shop Foreman reported he had been
assaulted by inmate Reynolds.
Inmate Reynolds had thrust his
chest out striking the Plumbing Shop Foreman in the right
shoulder.
Inmate Reynolds was restrained and escorted to Medical
Services for evaluation of his injuries. There were no injuries
noted to the staff member or the inmate. The inmate was placed
in the SHU. The FBI was notified.
On April 28, 1998, the Educatio~ Staff observed inmate
Buentrostro-Amezcua pu~h inmate Morales-Diaz in the chest with
both hands.
Inmate Morales-Diaz then pushed inmate
Buenrostro-Amezcua in the chest. Inmate Morales-Diaz then struck
inmate Buenrostro-Amezcua in the left eye with a closed fist.
Additional staff were summoned who separated and secured the two
inmates. Both inmates were examined by Medical Staff for
injuries and subsequently placed·in the Special Housing Unit.
The FBI were notified and the investigation continues.
FMC FORT WORTH
On May 8, 1998, a referral to OIG was made on a staff member for
inappropriate relationship with an inmate. The criminal
investigation is ongoing at this time.
On May 17, 1998, a referral to the U.S. Attorney's Office/FBI was
made on Alvin Jones for threats against multiple staff. The USAO
declined .to prosecute. The Warden concurs with the decision.

FTC OKLAHOMA CITY
An inmate on staff assault occurred on May 1,1998, involving
inmate Miguel Gutierrez.
The inmate, while being strip
searched, became combative striking an officer in the face with a
closed fist.
The officer sustained only redness to the right
side of his facial area. The FBI was notified; however, referral
for prosecution was declined due to failure to meet prosecutive
guidelines. The Warden concurs with this action.
FCI THREE RIVERS
Inmates Jacob Baca, Jose Cadena, Santos Garcia, and Antonio
Gonzalez have been indicted for assault with a deadly weapon for
their involvement in a June 1997 attack on several inmate~. The
U.S. Attorney's Office is preparing the case for trial. There
was insufficient evidence to prosecute Julio Villanueva, Raul
Garza, and Antonio Rios for their involvement in the attack;
therefore, these inmates are pending disciplinary action.
Prosecution was denied for inmates Gabriel Alarcon and Jorge
Leyva for their assault on inmate Pablo Garcia in the SHU
recreation yard. Prosecution was declined. This case is pending
further review by the Warden. Prosection was declined on Arto
Dixon for assault.
Inmate Dixon assaulted another inmate with a
box cutter blade. This case is pending further review by the
Warden.
Prosection was declined on inmate Jose Romo for assault.
Inmate
Romo stabbed another inmate with a pencil in the palm of his hand
and struck him several times with his closed fist.
This case is
pending further review by the Warden.
Inmate Todd Tanner has been referred for prosecution for
Possession of Narcotics. During a cell search, inmate was found
to be in possession of 40 corners of a green leafy substance that
tested positive for marijuana.
Inmate Guillermo Garcia has been referred for prosecution for
Assault on Staff. This inmate is unstable due to his failure to
take his prescribed medications. While attempting to move him to
a different cell in SHU, inmate became aggressive after handcuffs
were placed on him. During a struggle with an officer, the
officer was struck in the face by the inmate. No injuries
reported by the officer.
Inmate James Esmedina has been referred for prosecution for
Possession of Marijuana. During a pat search leaving UNlCOR,
26.7 grams of marijuana were located in the inmate's possession.

.

Inmate Eduardo Zunica has been referred for prosecution for
Possession of Narcotics. During a cell search and subsequent pat
search, inmate was found to be in possession of 10 cut up pieces
of potato chip bags containing a brown substance. The substance
tested positive for amphetamine.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:
Mike Hood

June 22-26

- Annual Leave

Marsha Foulks

June 26

- Annual Leave (12n

Jason Sickler

June 22-26

- Annual Leave

Lisa Sunderman -

June 29

- Annual Leave

Paul Layer

June 29 & 30

- Annual Leave

Karen Summers

June 15-19

- Annual Leave

Julie Gerardi

June 15-19

- Annual Leave

-

4pm)

Other Scheduled Absences:
Jim Schluter

June 1-15 - Public & Media Training
(Denver, CO)

Barbara Wilson -

June 25-26

- CLE Training

Mike Flagor

June 12

- Annual Leave

J. D. Crook will be assisting the FTC on Thursdays until An Tran
returns from maternity leave.

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

South Central Regional Office

July 1, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - June 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN
160
90

FEB
180
108

MAR

189
141

APR
163
85

MAY
197
158

JON

JUL

AUG

SEP

OCT

NOV

DEC

190
138

TORT CLAIMS
PENDING
. RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
133
56
33
156
0

FEB
156
67
36
187
1

MAR

JA
N
56
28
28
56
22

FE
B
56
30
22
54
45

MA
R
54
43
82
15

195
52
46
201
1

APR
201
48
45
205
1

MAY
193
45
53
185
1

JUN
193
47
61
179
1

AP
R
15
88
70
33
10

MA
Y
21
45
41
21
9

JUL

AUG

SEP

OCT

NOV

DEC

JU

JU

N
21
42
39
24
9

L

AU
G

SE
P

OC
T

NO
V

DE
C

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

ILITIGATION

13

..
JA
N

FE
B

MA

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA

17
4

15

14

13
4
0

9
9
3
2

19
34
11
6
1

OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

0
12

1
17

2
15

2
14

0

2

2

1

0

0

0

0

R

AP
R
35
8
3
1

MA

JU

JU

Y
10
29
3
4
1

N

L

2
15

0
8

2

2

1

0

AU
G

SE
P

OC
T

NO
V

DE
C

11
28
7
2
2

CASES WITH HEARINGS OR TRIALS
Knight v. HeftIer. Trial held at FCI Seagoville on Monday,
June 8, 1998. Chief Judge Jerry Buchmeyer presided. The case
was a Bivens actions stemming from an inmate's alleged food.
poisoning. None of the other inmates who testified suffered any
illness after eating the allegedly tainted shrimp.
In less than
two hours, Judge Buchmeyer granted the government's Motion to
Dismiss.
Plunkett v. Gunja. Telephone conference scheduled. Judge issued
no orders or rulings as a result of hearing. FCI Three Rivers
inmate contends that he was transferred to the Southern District
of Texas in retaliation for litigation filed against the BOP and
its employees. The plaintiff also avers that BOP staff
negligently forced him to cell with an inmate who threatened to
sexually assault plaintiff.

CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

b.

Tort

Cla~

settlements

Norma Carter - FPC Bryan medical malpractice claim was approved
by DOJ for settlement in the amount of $150,000.
Final paperwork
is being currently prepared.

c.

Other settlements

FPC Bryan reports that a settlement agreement has been signed in

..
Ahr v. Reno, H-96-3641 (SD/TX).
In exchange for $11,250.00,
Ms. Ahr will withdraw above captioned matter and a pending EEO
complaint raising retaliation issues.
SIGNIFICANT CASES
Stephen Casey Blalock v. United States of America,1:98-CV-120-C
(ND/TX). On June 3, 1998, Blalock, an FCI Big Spring inmate,
filed a civil action challenging the inclusion of his instant
offense as a crime of violence in all cases. Blalock was
convicted of being in possession of a firearm during and in
relation to a drug trafficking crime. Blalock challenges the 5th
Circuit interpretation of Venegas. He cites other circuits have
followed Downey v. Crabtree and that the 5th circuit
interpretation of 3621(e) denies him the opportunity to benefit
from an early release following the completion of his sOO-hour
drug treatment program. The record reflects that before Blalock
entered the 500-hour program he had been placed on notice that he
would not be eligible for early release due to his instant
offense.
Yuk Runq Tsang v. Bureau of Prisons Office of General Counsel,
1:98-CV-114-C, (ND/TX).
FCI Big Spring reports that Tsang has
filed this civil action claiming he completed the sOO-hour drug
treatment program in 1994. The Bureau was aware Tsang had a
detainer lodged against him for deportation before he began the
program. The record reflects Tsang entered the program
immediately after the designated Residential Treatment Unit was
burned during an institution riot. Tsang and other inmates were
placed in other units at FCI Phoenix and allowed to complete the
program as if they had been assigned to a dedicated drug
treatment unit. Approximately two years after completing the
SOD-hour program, Tsang was notified his early release to his
detaining authority had been revoked. The record reflects this
early release was revoked due to Tsang's failure to reside in a
dedicated drug treatment unit. Tsang argues this was not his
fault.
He states he completed the program in good faith.
We
have found no record Tsang was ever offered the opportunity to
return to a Residential Drug Treatment Unit to complete the
mandatory stay of 180-days. We are waiting on a decision from
the Central Office as to Tsang's eligibility to benefit for this
early rele~se.
Len Davis v. BOP, et al., PB-C-97-494 (ED/AR). The Community
Corrections Center in New Orleans reports that a death row inmate
housed in a state facility refiled a previously dismissed
Personal liability claim against a BOP employee. A Motion to
Dismiss the new suit on res judicata grounds has already been
filed.
Reed v. Stone, A-97-CA-899-JN, WDTX. Bivens action against the
HSA at FCI Bastrop alleges deliberate indifference in failing to
obtain treatment for keloid formations on plaintiff's ear.

Defendant's Motion for Summary Judgment granted by court.
Jeff H. King Sr. v. Janet Reno, LR-C-98-258/Civil No. 3-94-33.
In this FCI Forrest City case, inmate King was convicted of Felon
in Possession of a Firearm, Title 18 U.S.C. section 922 (g).
The
inmate was denied the year off because the offense was determined
to be a crime of violence. The inmate challenges this
determination.
Dr. Omar Tusshani v. USA, is a suit filed by plaintiff against
the U.S. Marshals Service and FMC Fort Worth.
Plaintiff received
significant injuries while housed in a contract detention
facility in Wyoming under a USMS contract. He was transferred to.
FMC Fort Worth to receive physical th~rapy. This suit alleges
plaintiff received inadequate medical care and treatment and, as
a result, sustained permanent damage and significantly reduced
life expectancy. The administrative claim was in the amount of
$15,000,000 and was denied.
Brian Maurice Fuller v. USA. This civil action out of FCI- La
Tuna alleges plaintiff suffered severe physical injury at FCI
Three Rivers to his knee, hip, and back, due to the negligent and
wrongful acts of BOP employees. Plaintiff further alleges he was
subjected to a delay in surgery and that the rehabilitation
following surgery was below the standard of care, causing further
damage and resulting in a second surgery.
Further, plaintiff
alleges he was prescr~bed a harmful medication. The claim is
unclear as to where these allegations took place, but it appears
he questions the care he received at FCI Three Rivers,
FCI Bastrop, and FMC Fort Worth. He is seeking $3,241,000 in
damages.
FCI La Tuna reports Westray Daves v. Slade, EP-98-CA-218-H
(WD/TX).
Inmate Daves challenges the early release policy
barring his eligibility because the policy was promulgated after
he was sentenced.
FTC Oklahoma reports that Steven Sherrod v. Bob Guzik,
CIV-97-1530-L. By judgment entered May 28, 1998, the petition
for Habeas Corpus was granted, and the matter was remanded to the
Bureau of Prisons for further proceedings consistent with the
Report and Recommendation and Fristoe v. Thompson
F.3d
(10 th
Circuit, April 28, 1998.)
Unit Management is currently-processing the referral for CCC placement.
James Burdette Newton v. Federal Bureau of Prisons, 5:98cv194
(ED/TX) ~ Petitioner contends that he is being wrongfully denied
early release from FCl Texarkana because of prior guilty pleas he
allegedly made without the benefit of counsel.
SIGNIFICANT TORT CLAIMS
Anthony Austin (aka Wa'il M. Muhannad) contends staff at

USP Beaumont failed to provide adequate surveillance equipment in
common areas which would protect inmates from physical attacks.
He also contends that specific staff failed to supervise the
common areas. Mr. Austin contends that a staff member observed
the attack, but failed to intervene in a timely manner.
Mr. Austin contends that another inmate intervened and stopped
the attack, but not until he experienced convulsions and severe
lacerations below his chin. He states that he now is suffering
nerve damage on the left side of his face and body. The sum
certain requested is $25,000.00. (T-SCR-98-099)
Ronald Fishman, an inmate incarcerated at FMC Fort Worth,
claims liability in the amount of $1,500,000 (T-SCR-98-240).
Fishman alleges he was denied access to needed medical care
(500-hour Drug Abuse Program), which has ·caused mental anguish
and emotional distress, resulting in depression and inability to
sleep.
The family of Julian Yarbrough, who died while incarcerated at
FMC Fort Worth, claims liability in the amount of $2,800,000.
They allege the BOP failed to timely diagnosis squamous cell
carcinoma in the neck, which ultimately resulted in Mr.
Yarbrough's death. (T-SCR- 98-260)
An FPC EI Paso staff member filed tort claim T-SCR-98-239,

in
which she seeks $250,000.00 for personal injury.
She alleges
that a staff chaplain fondled her at FCI La Tuna. We understand
that she and a female staff chaplain, who alleges being assaulted
in a similar manner by the same staff member, have filed EEO
claims. Her administrative tort claim was filed by an attorney
acting on her behalf.

Tomas Zambrano, an inmate housed at FDC Oakdale, alleges that he
was injured while playing softball. He contends that a specific
Physician's Assistant initially refused to examine him and
instructed him (Mr. Zambrano) to report to sick calIon the
following Monday, May 12, 1997. On May 12, 1997, x-rays were
taken and it was determined that the fibula at his right ankle
was fractured.
Surgery was ultimately performed and $100,000.00
sum certain is noted as damages for the misdiagnosis and
.
malpractice of a displaced fracture of the fibula. (T-SCR-98-148)
Inmate Liasse Bazelias contends that staff at FDC Oakdale
examined him upon his arrival on November 6, 1996, and determined
that he was in "satisfactory medical condition." He alleges that
during January 1997, he was treated for a cold and staff
inappropriately prescribed a 800 mg. of ibuprofen three times per
day, which has resulted in the destruction of his kidneys.
He
seeks $6,912,000.00 in damages and future medical care.
(T-SCR-98-224)
Inmate Alfred Green seeks $3,000,000.00 as compensation for
deliberate indifference to his medical needs by the medical

department and UNICOR staff members at FCI Three Rivers.
Inmate
alleges he was ordered to push a fork lift up a ramp in UNICOR
during 1994, which resulted in right knee, hip, and back
injuries.
Inmate further alleges there was a long delay in
detecting the injuries; medical staff refused to follow
recommended treatment; and medical staff refused to provide
effective pain medication to relieve his pain.
Inmate had two
back surgeries and one knee surgery prior to his federal
incarceration. He was seen at least 68 times by various medical
personnel and evaluated by six specialists.
Inmate was also
evaluated by USMCFP Springfield. There is no evidence to support
inmate's allegation of deliberate indifference.
Inmate David Gibson seeks $10,000.00 as compensation for
deliberate indifference to his medical needs by the medical
department at FCI Three Rivers.
Inmate alleges he was sprayed
with pepper spray in 1994 while being transported to FCI Three
Rivers, and that he did not receive any medical treatment for
72 days. He claims his sight has diminished, he has to wear
glasses, and he suffers from dizziness, headaches, and nausea.
Investigation revealed a canister of pepper spray accidentally
ruptured on an inmate transportation bus while in route to
FCI Three Rivers. Inmate was treated upon his arrival at this
institution. He was evaluated at least 21 times by various
medical department staff and six times by an Optometrist. There
is no evidence to indicate medical staff were deliberately
indifferent to inmate's medical needs.
It is the belief of the
medical department that inmate's eye difficulties are a result of
his chronic conjunctivitis and not his exposure to pepper spray.
SIGNIFICANT ADMINISTRATIVE REMEDIES

USP Beaumont reports Remedy No. 161938-F1 in which USP inmate
Talbott (fiance of Attorney Helen Wang) challenges the
May 15, 1998 rejection of an incoming publication, The FBI
Laboratory: An Investigation into Laboratory Practices and
Alleged Misconduct in Explosives-Related and Other Cases. The
publication was rejected due to its detailed discussions of the
ingredients, operation, and construction of explosives.
Inmate
Talbott alleges the publication is necessary for appeal of his
criminal convictions.
Inmate John Binar from FCI Big Spring is challenging the Bureau
of Prisons' system of determining the rated capacity of an inmate
room, in respect to double bunking inmate beds.
UPCOMING TRIALS OR HEARINGS

None
MEDICAL MALPRACTICE

..
LITIGATION
None
See significant tort claims - Yarbrough administrative claim.
TORT CLAIMS
FMC CARSWELL
Inmate Norma Nelson - T-SCR-98-261, alleges medical negligence in
regard to her partial breast reconstruction surgery having to be
reopened to obtain the full margins of the biopsy, resulting in a
radical mastectomy. She claims liability in the amount of $6.5
million.
ENSIGN AMENDMENT
'LITIGATION
None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCC Beaumont
LOW - On June 9, 1998, following an investigation by Legal
Department staff, Attorney Helen Wang was restricted from
Complex-wide visitation (legal and social), confidential written

correspondence with inmates (special mail), and unmonitored legal
telephone calls with inmates. These restrictions were based on
Attorney Wang's history of violating Bureau of Prisons rules,
most recently of which included paying an inmate at the LOW to
solicit inmate clients for her. A complete packet documenting
the investigation was forwarded to the Regional Counsel and
Central Office, Office of General Counsel.
June 23, 1998 - Paul Layer and Darrel Waugh attended the Beaumont
City Council meeting to consider the proposed contract for fire
protection at the Complex. The contract was approved by a vote
of 5-1, and will provide first response fire protection to the
Complex until June 30, 2000, at a price of $3000.00 per year.
FMC CARSWELL
On June 24, 1998, Dr. Kenneth Moritsugu awarded Pins and Boards
to PHS officers for their promotions.
Wallace Cheney, General Counsel, toured FMC Carswell and FMC
Fort Worth on June 30, 1998.
FTC OKLAHOMA CITY
DOJ attorneys conducted Trentadue plaintiffs' depositions'
June 15-19.
FCI OAKDALE
Inmate Detusch has been deported and is now in the custody of
Canadian authorities.
CRIMINAL MATTERS AND PROSECUTIONS
FCI BASTROP
In response to the Warden's concern that the FBI was not helping
the BOP in the prosecution of three crimes, the staff attorney
spoke to Richard Pittman, the Assistant Civil Chief of the U. S.
Attorney's Office in Austin, who pledged to do something about
it. The next day the local FBI agent called the SIS Lieutenant,
and it now appears that these cases will go forward:
Gadusek: Inmate was observed swallowing balloons in the Visiting
Room. He was placed in a dry cell, where he passed the balloons,
whose content tested positive for heroin. He will probably plead
guilty.
Ramirez: Inmate threw urine and feces on officer in SHU. Staff
witnesses are available to testify, if needed. He will probably
plead guilty.
Zuidema: An incoming piece of correspondence was found to contain

LSD. This is the weakest of the three, since it is difficult to
prove that the inmate knew the LSD was coming in.
FCC BEAUMONT
Camp - On June 25, 1998, federal inmate Samuel Flores was
sentenced following his plea of guilty to escape from the
FCC Beaumont Camp on January 11, 1998.
Inmate Flores received an
18 month consecutive federal term of imprisonment, three years
supervised release, and a $100.00 special assessment (no criminal
fine).
Inmate Flores was sentenced by Chief Judge Richard
Schell, Eastern District of Texas, Beaumont.
Inmate Ruiz, Jose
is tentatively scheduled for sentencing on the same charge
July 25, 1998.
Low - On June 1, 1998, Warden Tombone and Paul Layer met with
Mike Bradford, u.S. Attorney, Eastern District of Texas,
Michelle Englade, AUSA, and Bob Fortune, Special Agent, FBI,
regarding criminal prosecution of Luis Carmona-De La Torre. for
assaulting a correctional officer at the LOW.
The U. S. Attorney
supports seeking criminal prosecution through criminal
information, as opposed to a grand jury indictment.
USP - On June 15, 1998, former Correctional Officer Jessica Sills
pleaded guilty to Providing or Possessing Contraband in Prison
(18 U.S.C. § 1791), in connection with an incident where 'she was
paid to supply inmates' in the USP with marijuana.
FCI EL RENO
June 10, 1998, Assault on Inmate - Staff observed Filiberto
Flores and Leonardo Hernandez-Garcia fighting in Unit 4.
Prosecution declined due to no serious injury. Warden concurs.
FCI FORREST CITY
On May 23, 1998, Amador-Rodriguez assaulted the Cook Supervisor
by throwing an apple striking the staff member on the right
biceps and right eye. While being escorted into the SHU, the
inmate began pulling away from the escorting officer. The staff
member then regained control and the inmate was placed into a
holding cell. The inmate was examined by medical staff and
placed into Administrative Detention without further incident.
Both staff and the inmate received injury assessments by medical
staff with no injuries noted. The FBI was notified and the
investigation continues.
On May 24, 1998, a unit officer requested medical assistance when
she observed inmate Rodriguez-Cortez sitting in the TV room
wiping blood from his facial area. A visual search was conducted
on all inmates in the unit at which time inmate Earl Marcenus was
discovered by staff to have mUltiple abrasions to the neck and
chest area. Both inmates were placed in Administrative Detention
without further incident. Both inmates received medical

assessments by medical staff with injuries noted.
notified and an investigation continues.

The FBI was

On May 26, 1998, the Control Center Officer announced a call for
assistance in a housing unit. Staff observed inmate Eddie Rhyan
staggering toward the officer's station bleeding from his left
eye.
Inmate Stephen Mitchell was observed yelling to inmate
Rhyan that he was going to hurt him (Rhyan). Staff restrained
both inmates and escorted them to the institution hospital and
then to the SHU. The FBI was notified and the investigation
continues.
On June 9, 1998, the Community Confinement Center in Houston, TX.
Notified FCI Forrest City that inmate Soto-Gonzalez failed to
report to his scheduled CCC in Houston. The inmate was scheduled
to arrive at 8:30 a.m. on June 9, 1998. The inmate was placed on
escape status at 4:17 p.m. The U. S. Marshals Service and the
FBI were notified.
On June 14, 1998, a Food Services staff member observed inmate
Javier Ramos lying on the floor of Food Services. Staff further
observed inmate Guillen standing over inmate Ramos with a broom
handle placed against Ramos' neck applying pressure.
Additionally, staff observed inmate Mungia with both his hands
placed on inmate Guillen's left and right shoulder.
Food Service
staff ordered all three inmates to stop and they complied.
The
three were escorted to Health Services and examined by medical
personnel. They sustained minor injuries. After the
examination, the inmates were placed in SHU. The FBI was
notified and an investigation continues.
On June 22, 1998, inmate Arvayo-Castillo entered the Lieutenant's
Office and admitted he had been in a physical altercation with an
unknown inmate. According to the inmate, he was sleeping and
another inmate entered his cubicle and struck him in his .head
with a foreign object. The inmate was treated by medical staff.
He sustained two lacerations to the back of his head and two
small abrasions to his back area. The inmate was placed in SHU
and the FBI was notified.

FTC OKLAHOMA CITY
An inmate on staff assault occurred on June 1, 1998, when inmate

Bronco, Lucio, while being escorted from R&D to the Special
Housing Unit, became verbally abusive and confrontational.
Inmate Bronco attempted to pull away from escorting staff and
then head butt an officer. Both the officer and inmate Bronco
fell to the floor.
Accompanying staff gained control of the
inmate, and he was escorted to his cell without further incident.
Neither staff nor inmate Bronco sustained any injury. The FBI
was notified; however, they declined referral for prosecution.

..
The Warden concurs.
On June 23, 1998, while being escorted from a housing unit to
R&D, inmate Joel Moreno-Olives attempted to strike an escorting
officer in the facial area with his elbow. The inmate was taken
to the floor, restrained, and then moved on to R&D without
further incident. No injuries were sustained by either staff or
the inmate. The FBI was notified, but declined referring for
prosecution. The Warden concurs.
FCI TEXARKANA

Staff member pled guilty to the charge of having sex with an
inmate and received one year probation.
FCI THREE RIVERS

The U. S. Attorney's Office will prosecute inmate James Esmedina
for possession of marijuana. During a pat search leaving UNICOR,
26.7 grams of marijuana were located in the inmate's possession,.
The U.S. Attorney's Office will prosecute inmate San Martin
Zuniga for possession of narcotics. During a cell search, and
subsequent pat search, inmate was found to be in possession of
10 cut up pieces of potato chip bags containing a brown
substance. The substance tested positive for amphetamine.
Prosecution was declined for staff assault by inmate Gabriel
Alarcon. Inmate grabbed staff member's genitalia through food
slot in SHU while issuing toilet paper. No injury to staff.
Warden concurs with decision.
'
Prosecution was declined for assault on staff with a weapon by
inmate Jesus Fernandez-Delgado. While fighting with another
inmate in UNICOR, inmate Fernandez picked up a long handle dust
pan, swung it around, and hit another inmate and a staff member.
No injuries were sustained. Warden concurs with decision.
The following inmates were referred to the U. S. Marshal's Office
after they walked away from the satellite camp: Jose
Reyes-missing during midnight count on May 23, 1998; Juan
Garcia-missing during 4:00 p.m. count on May 30, 1998; Michael
Martinez-missing during midnight count on June 6, 1998; and
David Cervera-missing during 4:00 p.m. count on June 11, 1998.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:

Mike Hood

July 23-24

Annual Leave

Lisa Sunderman

July 2, 6-10

Annual Leave

..
Marsha Foulks

July 6, 10,
13 & 20

Annual Leave

Linda Nutt

July 6-10

Annual Leave

Darrel Waugh

July 1-15

Annual Leave

Karen Summers

July 20-24

Annual Leave

Other Scheduled Absences:

Julie Gerardi, Fcr Three Rivers, will be attending Diversity
Management Training at FMC Carswell on July 14-17, 1998.
Jason Sickler, SCRO Attorney Advisor, will be located at FCC
Beaumont beginning July 19, 1998. The institutions that Jason
currently oversees will maintain their working relationship with
Jason, to the extent possible. Jason will be greatly missed.
·Mike Hood and Lisa Sunderman will be attending the Legal
Conference the week of July 27, 1998. Marsha Foulks will be
acting Regional Counsel during their absence.

m:\GROUPS\CRLEGAL.MONTH.FMT

U.S. Department of Justice

Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
August 5, 1998

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - July 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN

FEB

MAR

APR

MAY

JON

160
90

180
108

189
141

163
85

197
158

190
138

JUL
186
125

AUG

SEP

OCT

NOV

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN

FEB

MAR

APR

MAY

JON

133
56
33
156
0

156
67
36
187
1

195
52
46
201
1

201
48
45
205
1

193
45
53
185
1

193
47
61
179
1

JA
N

FE
B

MA
R

AP
R

MA
Y

56
28
28
56
22

56
30
22
54
45

54
43
82
15
13

15
88
70
33
10

21
45
41
21
9

21
42
39
24
9

24
38
46
16

-

JUL
176
52
54
174
1

AUG

SEP

OCT

NOV

DEC

JU

JU
L

AU
G

SE
P

OC
T

HO

N

DE
C

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

ILITIGATI~N

e

V

.

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA

OTHER
LIT REPORTS
BEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

JA
N
17
4
13
4
0

FE

MA

AP

MA

JU

JU

B
15
9
9
3
2

R
1·9
34
11
6
1

R
14
35
8
3
1

Y

10
29
3
4
1

N
11
28
7
2
2

L
13
21
7
5
1

0
12
0

1
17
2

2
15
2

2
14
1

2
15
2

0
8
2

0
11
2

0

0

0

1

0

1

0

AU
G

SE
P

OC
T

NO
V

DE
C

CASES WITH HEARINGS OR TRIALS
Telephone conference status call conducted on July 21, 1998, in
Horey v. Woods. C-97-292, SD/TX. Inmate requested conference
call to seek a delay in court hearing. Trial was rescheduled for
October 19, 1998.
Telephone conference status call conducted on July 20, 1998, in
Noel Plunkett v Joe Gunja, et ale C-96-S48, SD/TX. Inmate
requested conference call to discuss status of' the case. Judge
ordered inmate receive a complete copy of his medical records
within seven days.
CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgment

None
b.

Tort Claim settlements

None
c.

Other settlements

None
SIGNIFICANT CASES
Barbara G. Harrison-Philpot v. Janet Reno, Writ of Habeas Corpus
regarding the absence of a RDAP program at FMC Carswell. She
makes equal protection and ADA claims regarding discrimination
against female inmates medically assigned to the only female
medical facility (FMC Carswell) because no RDAP is offered.

o

Bulmar Villarreal v. George E. Snyder, H-C-98-72. This FCI
Forrest City inmate claims that he was denied his one year off,
even though he has satisfied all of the requirements under 18
U.S.C. 3621(e). The inmate believes the denial stems from the
unjust treatment of inmates with INS detainers. The u.S.
Attorney's Office has not yet received this case.
FCI La Tuna reports Stauffer v. Slade, a habeas case concerning
early release pursuant to 18 U.S.C. Section 3621(e) .
Inmate
Stauffer asserts an equal protection violation due to his
ineligibility for early release consideration as an old law.
inmate, particularly where he is ineligible for parole under the
terms of one of his three old law sentences.
Joseph Gagliano v. N. L. Conner S:98CV209 - An FCI Texarkana
inmate alleges he was improperly removed from DAP. BOP fails to
recognize prescription drug addition. Therefore, he complains
that he is being denied early release eligibility.
James Lee Dillon v. Michael Purdy. et al., C-97-S87, SD/TX,
Bivens. Petitioner at FCI Three Rivers asserts the Hospital
Administrator was deliberately indifferent to his medical needs
because he did nothing and did not tell Petitioner what the pain
was. Petitioner is requesting an unspecified monetary settlement
for the pain and suffering he was forced to endure.
Johnnie Fay Ray v United States., In this FCI Big Spring case, a
contract teacher fell off a golf cart driyen by an inmate. A
settlement conference was held on July 17, 1998, and the
government proposed settlement in the amount of $60,000.00
(subject to the approval of the Bureau of Prisons and the
Department of Justice). This offer countered the plaintiff's
offer of an $80,000.00 settlement.
Agerton v. U.S., C-98-292, S.D. Tex. - (FMC Fort Worth case)
Former contract physician alleges wrongful termination of
privileges at FMC Fort Worth. He filed in state court, but we
seek removal to federal court. Originally this case was filed as
C-98-033, S.D.Tex., and was dismissed for failing to state an
FTCA claim upon which relief could be granted. A motion to
dismiss based on res judicata was provided to AUSA.

SIGNIFICANT TORT CLAIMS
T-SCR-98-2S0, Robert Kenaston, an inmate at FTC Oklahoma City,
claims he was subjected to racial discrimination and attempted
murder when staff placed him in a cell with another inmate whom
staff knew was claimant's enemy. Claimant states he was beaten
in the face and head area by the inmate, and body-slammed by
staff. Claimant alleges injuries to his neck, head, and back,
and seeks $200,000.00 in damages.

o

T-SCR-98-319, USP Beaumont Inmate Collins, Miko alleges he was
assaulted by another inmate when placed in the other inmate's
cell in the USP SHU. Claimant alleges staff were expressly
informed by the assaulting inmate not to put claimant in his cell
or an assault would occur. Claimant seeks $25,000.
Ollie Clemons, T-SCR-98-277, claims liability in the amount of
$185,000. Clemons alleges he was thrown from his wheelchair
when his tire hit a worn and jagged part of the sidewalk at
FMC Fort Worth. He states he suffered a broken leg, mental
anguish, and emotion distress as a result of BOP's failure to
maintain a safe living environment.
Derek Belmonte, T-SCR-98-279, claims liability in the amount of
$750,000. Belmonte claims BOP staff at FMC Fort Worth wrongfully
confiscated his electric wheelchair without cause, resulting in
exacerbation of neuropathy in his left upper extremity creating
physical pain and mental anguish.
Louis Summers, T-SCR-98-296, claims liability in the amount of
$750,000. Summers claims BOP staff at USMCFP Springfield and
FMC Fort Worth were aware of osteomyelitis in his left upper
extremity and failed to adequately treat it, which he fears will
result in further surgery.
SIGNIFICANT ADMINISTRATIVE REMEDIES

None
UPCOMING TRIALS OR HEARINGS

FCI La Tuna reports that a Spears hearing is scheduled for
August 20,1998, in Lubbock, Texas, in the matter of
Estupinan-Vasguez v. United States. This is a medical
malpractice case in which plaintiff alleges he received
insufficient medical care for an injured Achilles tendon. We are
attempting to transfer the case to Dallas.
Floyd Gadson v. USBOP, set for trial on August 24, 1998, in the
Honorable John McBryde's court. This case involves an
altercation between inmate Gadson and Health Technician Michael
Schappaugh. Gadson is seeking $25 in damages from Schappaugh and
3.5 million from the United States, for medical negligence for a
three day delay in receiving medication.
MEDICAL MALPRACTICE
LITIGATION

..
. None
TORT CLAIMS
See also Significant Tort Claims heading.
ENSIGN AMENDMENT
LITIGATION
None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
Assistant United States Attorney Robert Bernard has been removed
from four Bureau of Prisons' cases filed in the Southern District
of Texas, on a motion of the Civil Section Chief for the Southern
District. Mr. Bernard faces contempt charges before Magistrate
Judge Jane Cooper-Hill. Mr. Bernard will appear before the court
on August 5, 1998.
FTC OKLAHOMA
Depositions in Trentadue were held July 20-24, 1998.
CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
On Monday, July 20, 1998, iri the U.S. District Court for the

II

E.D.Tex., Beaumont, inmate Macias, John pleaded guilty to Attempt
to Obtain a Prohibited Object (marihuana) in violation of Title
18 U.S.C. § 1791(a) (2). The guilty plea stemmed from a February
16, 1998, incident where inmate Macias' wife was attempting to
introduce marihuana to the inmate through visiting at the USP.
(Inmate Macias' wife pleaded guilty May 22, 1998, to Attempting
to Provide a Prohibited Object (marihuana), and will be sentenced
in the near future.)
Inmate Macias faces a possible maximum 5
year term of imprisonment. A sentencing update will be provided.
Inmate Regalado pleaded guilty to Possession of Heroin in
violation of Title 18 U.S.C. § 1791(a) (2), as the result of an
incident which occurred February 10, 1998, at the USP where
heroin was found in his cell.
Inmate Regalado faces a possible
maximum 20 years term of imprisonment. A sentencing update will
be provided.
FPC BRYAN

An in-depth investigation into assertions of sexual abuse of
inmates by staff has been proceeding for the past three weeks.
One staff member has been placed on home duty status pending the
results of the investigation and a decision as to whether .
prosecution will be pursued. Additional staff members are under
investigation, but these investigations are in their infancy.
FMC CARSWELL
A former correctional officer was sentenced for sexual abuse of
an inmate and received three months confinement, a $500.00 fine,
and one year supervised release.
FCI EL RENO
June 28, 1998, Possession of Marijuana - Staff were
conducting random pat searches on the compound and found three
small pieces of folded paper on inmate Juan Arredondo.
FBI
declined prosecution due to small amount. Warden concurs with
decision.
Inmate Michael Schaffer is set for trial in September for
possession of narcotics. See March 1997 report.

FCI FORREST CITY
On June 29, 1998, a unit officer was making rounds in the unit.
The officer approached inmate Rodriguez 'lying face down on his
bed. The officer asked inmate Rodriguez to stand up and face him.
At this time the officer observed the inmate with multiple

.
abrasions to his face.
The inmate identified inmate Sanchez-Cruz
as the inmate he was fighting within the multiple purpose T.V.
room. The inmates were escorted to Health Services and were
examined by medical staff. The inmates were placed in SHU. The
FBI was notified and an investigation continues.
On July 3, 1998, inmate Burel came to the Lieutenant's office
with blood on his face and shirt. An investigation revealed that
the inmate along with inmate Martin had been involved in a fight
in the bathroom located in Recreation following a verbal dispute
which had occurred in the Food Service Department.
The FBI were
notified and the investigation continues.
On July 10, 1998, inmate Fisher reported to the officer's station
in a housing unit with bleeding from his right nostril and a
swollen face on the left side just above the lip. A preliminary
investigation revealed inmate Fisher had been a victim of an
assault outside the unit bathroom located in Helena A.
The
inmate was examined by medical staff and placed in SHU.
The FBI
were notified, they declined, and the Warden agrees.
On July 20, 1998, inmates Munoz-Peralta, Contreras-Rojas, and
Depaz-Ostorga were in restraints in SHU in a holding cell
awaiting movement to Rand D for transport.
Inmates
Contreras-Rojas and Depaz-Ostorga began assaulting inmate
Munoz-Peralta by head butting and kicking him.
The inmates were
examined by medical staff with minor injuries noted.
The FBI
were notified and the investigation continues.
On July 23, 1998, the control center announced a body alarm in
Wynne B Unit.
Inmates Ibarra-Saucedo and Torez were fighting.
The inmates were examined by medical staff with minor
injuries noted.
The FBI were notified and the investigation
continues.
FMC FORT WORTH
The former Food Service Foreman at FMC Fort Worth was sentenced
on July 7, 1998, by the Honorable Terry Means to a 46-month term
of imprisonment for Providing Contraband in Prison.
He has been
designated to FCI Sandstone.

FTC OKLAHOMA CITY
Inmate on inmate assault on July 21, 1998, wherein inmate Rodney
White struck inmate Michael Holloway repeatedly with closed
fists.
The FBI presented the case to an AUSA, who declined
prosecuting the case for failure to meet United States Attorney's
guidelines for prosecution. The Warden concurs with this

decision
FeI SEAGOVILLE
On July 7, 1998, a former staff member was indicted in the ND/TX
for Inappropriate Relations With an Inmate. No further
information is known at this time.
FeI TEXARKANA
(Pending from last month) - Staff member pled guilty to
introduction of contraband to an inmate. Sentencing pending.
FeI THREE RIVERS
Inmates Jacob Baca, Santos Garcia, Antonio Gonzales,
Julio Villanueva, Julio Cadena, and Raul Garza pled guilty to
assaulting Christopher Martinez and Bruno Diaz-Cruz in front of
the control room in June 1997. Sentencing is scheduled for
September of 1998.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:
Annual Leave

August 17-18
August 31September 3

Military Leave

Lisa Sunderman

August 14

Annual Leave

Linda Nutt

August 7

Annual Leave

Josie Wilches

August 6-7
August 11

Annual Leave

Patsy Davis

August 14&17

Annual Leave

Paula Haskett

August 10-12
August 19-26

Annual Leave

Julie Gerardi

August 17-28

Annual Leave

Al Munguia
Linda DuBose

August 3-6
August 7-10

Military Leave
Annual Leave

Traci Williams

August 4-6

Annual Leave

Mike Hood

Other Scheduled Absences:

It

Mike Flagor
August 24-28
Training, MSTC Denver

Managing Diversity

Darrel Waugh

Basic Sentence
Computation, MSTC Denver
Sentencing Training,
MSTC Denver

August 10-14
August 31September 3

NOTE:

Jason Sickler, Attorney Advisor, currently has his office at FCC
Beaumont - LOW. He will continue to maintain hi.s regional
responsibilities, including his 3621(e) oversight, until the end
of August. Jason may be reached at (409) 727-8172 ext. 2006, and
facsimiles for him may be sent to (409) 626-3500.
An Tran is back now at FTC Oklahoma City.

m:\GROUPS\DRLEGAL.HONTH.nn'

.

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

South Central Regional Office

September 4, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - August 1998

ADMINISTRATIVE REMEDIES
JAN

FEB

lIAR

APR

KAY

JtJH

JtTL

AUG

RECEIVED

160

180

189

163

197

190

186

208

ANSWERED

90

108

141

85

158

138

125

123

SEP

OCT

NOV

DEC

TORT CLAIMS
JAN

FEB

lIAR

APR

KAY

JtJH

JtTL

AUG

PENDING

133

156

195

201

193

193

176

175

RECEIVED

56

67

52

48

45

47

52

48

ANSWERED

33

36

46

45

53

61

54

57

PENDING

156

187

201

205

185

179

174

166

OVER SIX 110

0

1

1

1

1

1

1

1

SEP

OCT

NOV

DEC

SEP

OCT

NOV

DBC

FOI/PRIVACY
JAN

FEB

lIAR

APR

KAY

JtJH

JtTL

AUG

PENDING

56

56

54

15

21

21

24

16

RECEIVED

28

30

43

88

45

42

38'

48

ANSWERED

28

22

82

70

41

39

46

47

PENDING

56

54

15

33

21

24

16

17

OVER 20 DAYS

22

45

13

10

9

9

8

5

LITIGATION
JAN

FEB

MAR

APR

HAY

JUN

JUL

AUG

CASES RECD

17

15

19

14

10

11

13

18

CASES CLOSED

4

9

34

35

29

28

21

8

HABEAS CORPUS

13

9

11

8

3

7

7

9

BIVENS

4

3

6

3

4

2

5

4

FTCA

0

2

1

1

1

2

1

4

OTHER

0

1

2

2

2

0

0

1

17

15

14

15

8

11

12

LIT REPORTS

12

BEARINGS/
TRIALS

0

2

2

1

2

2

2

2

SETTLEHENTS/
AWARDS

0

0

0

0

1

0

1

1

CASES

~TB

SBP

OCT

NOV

DEC

.

BEARINGS OR TRIALS

u.s. v. Muhammad, 4:98-CV-0356-BE. FMC Carswell inmate Ruth
Muhammad was committed for hospitalization pursuant to 18 U.S.C .
. § 4245 on August 13, 1998.
On August 25, 1998, a trial was held in the Floyd Gadson y.
Michael Schappaugh matter, which involved allegations of
deliberate indifference to his serious medical needs. The
Honorable John McBryde heard this FMC Fort Worth case, and a
motion for directed verdict was made by the AUSA. The Judge
granted the government's motion, based upon plaintiff's failure
to prove harm and/or damages.
CASES

a.

~TB

SETTLEMENTS OR AWARDS

Adverse judgments

Fcr La Tuna reports that a $10,800 plus interest and cost adverse
judgement was issued in Haroldo Martinez y. United States. A
trial was conducted in March 1998, for this personal injury case
after settlement negotiations failed. The Office of General
Counsel previously authorized settlement of this case for up to
$30,000. An appeal will li~ely be recommended.
2

b.

Tort Claim settlements

Annie Mae McGee, Civilian. Approved tort settlement in the
amount of $2,108.90, for damage to her vehicle by an FMC
Fort Worth inmate assigned to the outside landscape detail.
c.

Other settlements

Johnnie Fay Ray y. U.S., FCI Big Spring's personal injury case.
OGC has approved settlement of this case in the amount of
$60,000. Final paperwork has been prepared; the government
awaits the plaintiff's signature.
Pending final OGC approval, the FMC Fort Worth case Wali Muhammed
will be settled for $25,000. This follows an adverse decision
holding us liable for $45,000 for improper housing assignments
based on his medical condition.
SIGHtFICANT CASES

Woods v. U.S., 4:98-CV-0441-A. FMC Carswell inmate Carolyn Woods
acting on behalf of her sister and the estate of their deceased
mother, inmate Elizabeth Scallion, filed a wrongful death suit in
the amount of $5 million dollars.
FMC Fort Worth received service on Jimmy Lee Rebman y. USA, a
FTCA case in which plaintiff is alleging medical malpractice on
the part of Bureau of Prisons' personnel. Specifically,
plaintiff alleges the BOP failed to timely provide a corneal
transplant.
An FCI EI Reno inmate, Prince Webber, challenges the sufficiency

of materials in the inmate law library. This complaint may be
significant, given the recent posture of the 10th Circuit with
regard to inmate law libraries. Specifically, inmate Webber, in
federal custody by way of a Military Court Martial, requests that
the Bureau be compelled to provide the Military Justice Reporter.
StGKtFICANT TORT CLAIMS

FMC Fort Worth inmate Ernesto Garcia-Olvera's tort claim has been
denied; however, we are negotiating a "settlement with him in an
amount less than $50,000. We await final approval from DOJ and
OGC. (T-SCR-98-105)
Eric Sampson, an inmate at USP Beaumont, alleges he was assaulted
by another inmate in the housing unit by having heated liquid
3

thrown on him. Claimant alleges BOP failed to protect him and
seeks $500,000. Claim was submitted by attorney on behalf of
inmate. (T-SCR-98-344)
Tomas Zambrano - In this FDC Oakdale claim, we are negotiating
settlement with his attorney for an amount between $500 and
$1,000 for our delay in providing adequate medical care for his
fractured ankle. (T-SCR-98-148)
Mr. Espinosa-Munoz, an inmate housed at FMC Fort Worth, has
submitted a claim alleging that on December 16, 1996, he was
transported by BOP officers to a community hospital in
Fort Worth, where he was prepped for heart catherization surgery.
Mr. Espinosa-Munoz states that when he was informed of the type
of surgery, he requested that the escorting officer contact
Health Services staff at FMC Fort Worth to verify the need for
the surgery. He continues to state that after he was
administered medications the BOP Officer confirmed that the wrong
inmate had been brought to the hospital.
.
Mr. Espinosa-Munoz also alleges that he has suffered
complications because staff did not restrict his movements after
a spinal test was performed on November 23, 1996. There is some
question as to whether or not the spinal test was performed as a
result of an accident in UNICOR on July 6, 1995. Mr. EspinosaMunoz submitted a claim in 1995 due to the accident, but it was
denied based on DEMKO. He seeks $6 million dollars in damages.
(T-SCR-98-356)
Mr. De La Rosa, an inmate housed at FCI Forrest City, alleges
that he suffers from hearing loss, chronic pain, and headaches.
Mr. De La Rosa states that he needs surgery, but that it has been
denied because it is too expensive. He seeks $20,000.00. (T~SCR98-291)
Mr. Summers, an inmate housed at FMC Fort Worth, alleges that
medical staff at FMC Fort Worth and USMCFP Springfield were aware
that he has "osteomylites" in his left arm and shoulder. He
contends that due to the lack of.medical attention it spread to
his upper.arm bone and that it now has become infected. He seeks
$750,000.00 in damages. (T-SCR- 98 -296)
Ms. Monroe is housed at FMC Carswell. She states that staff have
failed to provide her medical treatment for her Lupus and kidney
disease since August 16, 1997, when she awoke "bleeding."
Ms. Monroe states that she went to the bathroom and called out to
an officer, but she was placed in SHU, and that staff still have
not provided her with medical treatment for the "flare-up." She
adds that she has been denied a compassionate release and other
programs due to her race, age, and religion. She seeks Sl.5
million in damages. (T-SCR-98-321)
4

Ms. Matos is currently housed at Fcr Tallahassee, but contends
that staff at FMC Carswell negligently failed to diagnosis and
treat "dysmenorrea and uterine prolapse." She states that she
subsequently underwent a vaginal hysterectomy and developed an
infection when her bladder was lacerated during the surgery.
Staff at the Osteopathic Medical Center of Texas, are listed as
witnesses. It is assumed that the surgery was performed by a
contract physician. Ms. Matos seeks $10 million dollars in
damages for future medical care, etc.
(T-SCR-98-336)
Mr. Kenaston, who is currently housed in the Admax Unit at
Florence, contends that on January 14, 1998, when he was being
transferred from FTC Oklahoma City, he was assaulted by another
inmate and staff. Mr. Kenaston states that he was handcuffed and
"shackled" before he was placed in the cell with the unrestrained
inmate who assaulted him. He adds that staff also assaulted him,
and that his neck, back, and head were injured. He seeks
$200,000.00 for pain and suffering. Case has been referred to
OIA. (T-SCR- 98 -250)
Mr. Collins is housed at USP Beaumont. He alleges that he was
handcuffed and placed in a cell with an inmate who has a history
of attacking others in the past. Mr. Collins states that he
experienced lacerations and swelling to his face and as a result
has decreased vision in his left eye. He seeks $25,000 in
damages. (T-SCR-98-319)
Mr. Sanderson, who is incarcerated at Fcr Taft, contends that he
was enrolled in the 500-hour RDAP program at FCr La Tuna, and
that after three months into the program he was transferred to
FCI Taft. He states that now he is not eligible for the one year
reduction from his sentence. Mr. Sanderson seeks $250,000 and/or
a one year reduction in his sentence. (T-SCR-98-248).
Ms. Geiger is currently housed at FPC Bryan. She alleges that
inmates working in the kitchen at Bryan are not adequately
supervised. She adds that on June 8, 1998, she was moving a pot
of boiling macaroni when she tripped over a cart left unattended
in the middle of the aisle. Ms. Geiger states that she sustained
burns on 75% of her left arm and 10% on her right arm for which
she did not receive adequate medical care. She seeks $1 million
dollars.
(T-SCR-98-309)
Mr. Palmisano has filed a claim alleging that when he was
incarcerated at FCI La Tuna staff failed to treat his preexisting heart problem, asthma, ETS allergy, and seizure history.
Mr. Palmisano states that Warden Franco refused to allow him to
be treated by a cardiologist. He adds that he has permanent
damage to his arteries. He seeks $50 million dollars in damages.
(T-SCR- 98 -310)

5

SIGNIFICANT ADMINISTRATIVE REMEDIES

None
UPCOMING TRIALS OR HEARINGS

In Schrader y. Sandoval, A-97-CA-896-SS, Western District of
Texas, the court has set a hearing for September 3, 1998, on the
Notice of Substitution of the United States as Defendant in place
of Sandoval, who is a PHS physician at FCI Bastrop accused of
cruel and unusual punishment in a medical context.
In USA v. Jamie Estrada-Fernandez, Estrada-Fernandez's conviction
for assaulting a Correctional Supervisor at FCI Big Spring during
a December 23, 1996, disturbance was overturned by the 5th
Circuit Court due to the court's failure to provide specific
instructions to the jury. The retrial has been set for
October 5, 1998.
MEDICAL MALPRACTICE
LITIGATION

See Significant Cases, Cases With Hearings, Cases With
Settlements or Awards sections.
TORT CLAIMS

See Significant Tort Claims section.
ENSIGN AMENDMENT
LITIGATION

None
TORT CLAIM

None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION

6

..

None
TORT CLAIM
None
PRISQN LlTlGATIQN REFORM·ACT ORDERS
None
SlTVATlPNS OF lRTEBEST
On August 3, 1998, Richard Ledford was found on the Long Term
Care Unit at FMC Fort Worth, the apparent victim of a suicide.
Ledford's right arm had been cut with a razor blade and he had
bled to death. The FBI was called in to rule out foul play or
criminal misconduct. The FBI determined there was no foul play,
nor apparent criminal misconduct.
U.S. y. Klat, 97-11282, U.S. Court of Appeals, 5 th Circuit. FMC
Carswell inmate filed an appeal challenging the magistrate
judge's authority to hear her mental health commitment hearing
and whether his decision is appealable.
CRlMlNAL MATTERS AND PROSECUTIONS
FCI BASTROP
The U.S. Attorney's Office in Austin has agreed to prosecute
three criminal matters referred from FCI Bastrop. US y. Ramirez
arose over an inmate throwing urine and feces on a staff member.
US y. Gaidusek arose over an inmate who ingested three balloons
containing heroin in the visiting room. US y. Zuidema arose over
an inmate receiving LSD through the mail.
USP BEAUMONT
On August 25, 1998, U.S. District Court Judge Cobb, E.D.Tex.,
sentenced inmate Jose Ricardo Ruiz to a 46 month term of
imprisonment, three years of supervised release, and a $100.00
special assessment for escaping from the FCC Beaumont Satellite
Camp on January 11, 1998. Inmate Ruiz's term of imprisonment for
this offense will run consecutive to his current term of
imprisonment.
A preliminary hearing for former inmate Luis Carmona-De La Torre
was held on August 28, 1998,· before Magistrate Judge Wendell
7

.

Radford, E.D.Tex., on a misdemeanor charge of Assault Upon an
Officer. A Public Defender was appointed and the arraignment was
August 31, 1998.
A criminal trial is scheduled to begin September 18, 1998, for
USP inmate Justin Mosely, who is charged with Assaulting Another
Inmate.
FPC BRYAN

An in-depth investigation into assertions of sexual abuse of
inmates by staff has been proceeding for the past several weeks.
Three staff members have been placed on home duty status pending
the results of the investigation and a decision as to whether
prosecution will be pursued. Additional staff members and former
staff members are under investigation. Warden Pendleton met with
the AUSA's and OIG officials involved in the pursuit of this
. case.
FMC CARSWELL

Former officer Morganfield was sentenced to three months
incarceration, a $500 fine, and one year SRT for Sexual Abuse of
an Inmate .
. FCI EL RENO

On August 5, 1998, the mobile patrol officer reported a fight on
the recreation yard. The mobile patrol officer moved to the area
and observed several inmates assaulting another inmate. Mobile
patrol officers ordered the inmates to cease the attack several
times with negative results. One officer fired a warning shot
into the dirt. All aggressive actions discontinued and the
inmates dropped to the ground. Responding staff restrained all
involved inmates and escorted them to the Health Services
Department for examination and treatment of injuries. After an
initial interview with inmates on the recreation yard, the
following inmates were placed in the Special Housing Unit pending
further investigation into the incident: Ciriaco-Gomez,
Villavicencio-Millan, Cardenas, Valdez, Botello, Nishinaka,
Tapia-Nicholas, Vargas, Melendez-Martinez, Torres-Perez,
Rodriguez and Garcia. Inmate Basurto-Gomez was transported to
the local hospital for two puncture wounds to the abdomen, two
puncture wounds to the chest, one puncture wound to the right
side of his neck and mUltiple minor abrasions/lacerations.
Inmate Gomez-Gutierrez received a fractured nose and an abrasion
to his right ring finger. No staff members were injured in the
incident. The FBI was notified. An investigation continues.

8

On August 18, 1998, staff discovered two inmates in the second
floor overflow room striking each other with their fists. Staff
separated inmates Daley Washington and William Pewitte. Both
inmates sustained minor lacerations and abrasions on the facial
area. Both inmates were escorted to the Health Services Unit
where they were treated for minor injuries. An investigation
continues. The FBI was notified.
FCI FORREST CITY

On July 28, 1998, staff observed inmates in Food Service acting
suspiciously. Upon further investigation inmates Covarrubias and
Enriques were found to have injuries c.onsistent with fighting.
Both inmates were escorted to the Health Services Department and
examined. Both inmates received minor injuries. The FBI was
notified and 'the investigation continues.
On July 29, 1998, a SHU unit officer approached inmate Fisher's
cell to speak with him about a prior incident. When the Officer
opened the food slot, the inmate threw a liquid substance at him
which struck the open food slot. The Officer was not struck by
the substance. No injuries were sustained. The FBI was notified
and the investigation continues.
On August 9, 1998, inmate Mills assaulted a SHU Officer by
striking him on the left hand as he reached for a comb through
the food slot. The Officer sustained a minor abrasion to his
left hand near his thumb. The FBI was notified, declined, and
the Warden agrees.
On August 11, 1998, inmate Mills assaulted a SHU Officer by
kicking him on the right lower leg. The Officer placed inmate
Mills against the wall until additional staff could assist. No
injuries were sustained" by the inmate. The Officer received
minor injuries to his leg. The FBI was notified and the
investigation continues.
On August 22, 1998, inmate Garcia assaulted the Food Service
Foreman by pushing him. The inmate did not sustain any injuries.
The Foreman was examined by the Duty P.A. with no noted injuries.
The inmate was placed in SHU, the FBI was notified, and the
investigation continues.
FMC FORT WORTH

On July 28, 1998, Tommy McCary stabbed Joe Lee Merimon with a
sharpened screw attached to a toothbrush, inflicting several
puncture wounds. None were serious. Both inmates were placed in
the Special Housing Unit pending further investigation. This
case was ~eferred for prosecution; however, the AUSA declined to
9

Barbara Wilson

09/24-25/98

Annual Leave

Al Munguia

09/14-25/98

Military Leave

Linda Dubose

09/25-29/98

Annual Leave

Darrel Waugh

08/31/98 09/03/98

Sentencing Training
MSTC, Denver

Karen Summers

09/08-11/98

FTCA Administrative
Claims for Agency
Counsel

Paula Haskett

09/08-11/98

Training

J. D. Crook

08/31/98 09/03/98

Sentencing Training
MSTC, Denver

Dan Severson

08/31/98 09/03/98

Sentencing Training
MSTC, Denver

Other Scheduled Absences:

Theresa Montoya, Honors Attorney, will arrive September 14. We
say farewell to Jason Sickler (now at FCr Beaumont-Low) and
appreciate the hard work and talent he contributed to our office .

.. : \GROUPS\DIU.EGAL • MONTH • FMT

12

u.s. Department of Justice
Federal Bureau of Prisons

Dallas, Texas 75219

South Central Regional Office
;~

October 9, 1998

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - September 1998

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

160
90

180

18e.
141

163
85

197
158

190
138

186
125

208
123

207
134

108

OCT

NOV

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

In

ISE-

67

1 r.3
4 ~)

3\

1

17S
48
S7

ISh
0

187

18S

17q

1 ht,

I

1

1

176
52
54
174
1

h4

3(,

193
47
61

1 h::'

S6

201
r . .,
48
'H,
45
2 or)
:201
1 - 1

1

I

JU
N

JU
L

AU
G

24
38
46

16

17

48
47

31 I
1 r,

i

17

H

I

r)

4

l~S

.)~

1

r)

OCT

NOV

SE

OC

NO

DE

P

T

V

C

DEC

6~
r)

7

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

I LITIGATION

JA

FE

MA

AP

MA

N

B

R

R

Y

IS

21
4')
41

21
42

2I

24

r) (,

r) ~,

28
28

3D

....., -,

4
43
82

') (,

'.,4

I

r)

2:

.1 '.)

I

~

~

r)

88
70
33
10

(.

39

(,

16
8

i
I

I

i
I

JA

FE

N

B

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA

17
4
13
4
0

15
9
9
3
2

OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

0
12
0
0

MA
R

AP
R

MA
Y

JU
N

JU
L

AU

SE

OC

NO

DE

G

T

V

C

19
34

10
29
3
4
1

11

11
6
1

14
35
8
3
1

28
7
2
2

13
21
7
5
1

18
8
9
4
4

P
8

31
5
2
1

1
17
2

2
15
2

2
14
1

2
15
2

0
8
2

0
11
2

1
12
2

0
12
3

0

0

0

1

0

1

1

0

CASES WITH HEARINGS OR TRIALS

Schrader v. Sandoval, A-97-CA-896-SS (WDTX). The court held a
hearing on September 3 to determine whether this FC! Bastrop suit
could be properly maintained as a Bivens-style action, given that
the defendant, a physician assistant, is a commissioned officer
in the Public Health Service, and 42 USC Section 233(a) makes any
suit for malpractice against a PHS officer in his or her private
capacity a suit against the USA pursuant to the FTCA. The court
heard testimony from both the plaintiff and defendant, and later
denied the U.S. Attorney's motion to substitute the USA for the
defendant.
Horey v. Wood, Status/Pretrial Hearing was conducted in the
Southern District of Texas on October 6, 1998. As a result of
the hearing, a trial date was set for October 20, 1998. See
Upcoming Trials or Hearings section.
FMC Fort Worth Attorney, Al Munguia, traveled to Lubbock, Texas,
on Tuesday, September 29, 1998, for a Spears hearing in Emery
Estupinan-Vasguez v. United States, et al.,a case that arose at
FC! LaTuna. The Spears hearing was previously docketed for
August 20, 1998, and it was postponed without anyone notifying
the BOP.

CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

Schrader v. Sandoval, A-97-CA-896-SS (WDTX).
(See above) In
denying the U. S. Attorney's motion to substitute the Unit~d
States for the individually-named defendant, the court mad~ an
adverse ruling. The AUSA advises that the Department of H~cllth
and Human Services, of which the PHS is a component, seeks to

appeal the ruling, and that the DOJ is likely to authorize one.
Wali Muhamed - BOP, DOJ, and plaintiff's attorney have reached a
settlement agreement for $18,000. This is a significant decrease
from our previous adverse judgment of $45,000.

b.

Tort Claim settlements

rn the Zambrano medical malpractice claim from Fcr Oakdale, we
offered $550 to settle the claim. The attorney alleged that had
staff timely x-rayed the claimant's ankle, such would have
prevented his ankle from becoming displaced.

c.

Other settlements

None
SIGNIFICANT CASES
Claudette Hubbard v. United States filed in the Northern District
of Florida, Tallahassee Division. An inmate complained about the
confiscation and destruction of her property at FMC Carswell.
The attorney at FMC Carswell provided the AUSA at Tallahassee
with a Litigation Report that did not mention Discretionary
Function defense. Without the knowledge of the BOP, the AUSA,
Roy Blondeau, sought permission from the Department 'of Justice,
(not Bureau of Prisons) to use Discretionary Function as a basis
for dismissal.
He received permission and the court dismissed
the case.
Fcr EI Reno inmate Roger Gresham is claiming medical staff were
deliberately indifferent to his medical needs related to his fall
off a staircase in a housing unit. The inmate specifically
complains that medical staff delayed rendering appropriate
medical care.
Derek Belmonte, an FMC Fort Worth inmate, has filed a Bivens
civil action in the Northern District of Texas, 4:98-CV-403-Y,
alleging Bureau of Prisons' staff confiscated his electrical
wheelchair upon his arrival. He states his wheelchair tipped over
and caused head trauma in September 1997. He further alleges he
has been restricted from participating in programs due to his
disability and confinement to the Long Term Care Unit and that he
has not been afforded appropriate physical therapy.
FTC Oklahoma City reports Steven Griggs v. Kathleen
Hawk,CrV-98-690M.
Inmate Griggs had filed a Bivens action
against Attorney General Janet Reno, Director Hawk, Warden Guzik,
and the United States for denying plaintiff a 12-month sentence
reduction because of his two-point gun enhancement.
The
Magistrate Judge in his R&R granted defendant's motion to dismiss
plaintiff's Bivens claims for monetary damages based on sovereign

immunity and due process violations. However, he recommended
that plaintiff's action for injunctive relief be construed as a
§2241 habeas petition and that the petition be granted to the
extent that the BOP is directed to consider within 30 days from
any Order adopting the R&R whether plaintiff should receive a
sentence reduction without reliance upon sentencing factors.
SIGNIFICANT TORT CLAIMS

John Wilkins, an FMC Fort Worth inmate, has filed an
administrative claim, alleging negligence and inadequate
treatment for a hypospadia condition. He claims government
negligence in the amount of $5,000,000 for personal injury.
(T-SCR-98-376)
Jose Espinosa, an FMC Fort Worth inmate, has filed an
administrative claim alleging negligence on the part of the
government in contracting with an orthopedic consultant, which
resulted in two orthopedic surgeries. He claims government
liability in the amount of $6,000,000 for personal injury.
(T-SCR-98-356)
Ronald Harris arrived at FMC Fort Worth from FCI Marianna on
November 18, 1997, where he continues to be housed.
He states
that he injured his left knee while playing basketball at FCI
Marianna and subsequently had surgery to repair the dislocated
patella and ruptured tendon. Mr. Harris further states that the
treating physician recommended that he (Mr. Harris) receive
physical therapy once a day, five time per week, but he did not
believe that the staff were qualified so he refused the therapy.
Mr. Harris continues to complain that medical "staff at FMC
Fort Worth placed him in a unit without access to an elevator and
"he fell and re-injured his knee. Mr. Harris is seeking $1.5
million for alleged personal injuries. (T-SCR-98-415)
SIGNIFICANT ADMINISTRATIVE REMEDIES

FMC Carswell Inmate, Bee Tyler, filed a BP-9 alleging
discrimination at FPC Bryan because the facility is not handicap
accessible. This inmate was medically cleared and transferred to
Bryan to participate in the RDAP program.
It was determined at
the time of arrival at FPC Bryan that her medical needs exceeded
their staffing resources. Thus, this inmate was transferred back
to FMC Carswell so that her medical needs could be best served.
FMC Carswell Inmate, Ginger Schlesinger, filed a BP-9 in regard
to FMC Carswell not having an RDAP program.
Two administrative remedies were filed at FTC Oklahoma City
alleging staff misconduct. Cadre inmate William Harding claims a
staff member tampered with his mail because the recipient
received the mail ripped and missing pages.
Inmate Anthony

Spencer filed a remedy alleging a staff member had made
inappropriate statements and then lied to his supervisors
regarding his action. Both matters are currently under SIS
investigation.
UPCOMING TRIALS OR HEARINGS

Robert Horev v. Frank Woods. et al., C-97-292, SD/TX. Jury trial
has been scheduled for October 20, 1998, in Corpus Christi.
Pre-trial conference has been set for October 9, 1998. This is
the case involving FCI Three Rivers where the inmate alleges that
the institution failed to provide him with fresh water,
protective clothing, and proper waste facilities after his cell
became flooded with water containing human waste. The inmate
contends that as a result, he became ill.
MEDICAL MALPRACTICE
LITIGATION

See Significant Cases Section.
TORT CLAIMS

See Significant Tort Claim Section.
ENSIGN AMENDMENT
LITIGATION

None
TORT CLAIM

None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION

None
TORT CLAIM

None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FMC Carswell's Construction Completion Ceremony (C-4) is to be
held October 22, 1998. Director Hawk Sawyer, Executive Staff
members, Regional Director White, local judicial staff, as well
as various members of the surrounding community have been invited
to attend.
FCI Oakdale Inmate Alvin Jones is scheduled to be released from
BOP custody on November 24, 1998.
CRIMINAL MATTERS AND PROSECUTIONS
FCI BASTROP
The U.S. Attorney's Office will prosecute three cases referred
from Bastrop. Michael Gaidusek is accused of ingesting
heroin-filled balloons in the visiting room. Moises Ramirez is
accused of throwing feces and urine on a staff member while in
Special Housing, and Geoffrey Zuidema is accused of receiving LSD
through the mail.
FCC BEAUMONT
On October 2, 1998, in the United States District Court for the
E.D.TX, inmate Regalado was sentenced to a 33-month term of
imprisonment (consecutive to current sentence), and a $100
special assessment after previously pleading guilty to Possession
of Heroin in the USP Beaumont.
Additionally, on the same date and in the same court, fOl-mel· USP
Correctional·Officer Jessica Sills was sentenced to threp years
probation, a $1000 fine, and a special assessment after
previously' pleading guilty to Attempting to Provide Marijudlla in
a Federal Prison.
(USP) A criminal trial for inmate William Talley is schedulpd tOI
October 19, 1998, in the E.D.Tex. Inmate Talley is charg~(j with
conspiracy to provide, and possession of,· marijuana in d f f'dPl·d 1
prison (two separate counts).
Inmate Talley is a co-deff'nci.mt of
former Correctional Officer above.
(LOW) A criminal trial for inmate Luis Carmona-de la TOI It' 1 Ii
scheduled· for October 19, 1998, in the E.D.Tex. on a miGdt·mt,.HlOI·

charge of assault upon an officer.
plead guilty prior to trial.

The defendant is expected to

(USP) On September 14, 1998, inmate Justin Mosely pleaded guilty
to possession of a weapon (shank), which he used to assault
another inmate.
Sentencing is scheduled for December 18, 1998.
(USP) On September 1, 1998, a criminal referral was made for
inmate Luis Salas for an inmate-on-inmate assault; prosecution
decision pending.
(USP) On September 3, 1998, a criminal referral was made for
inmate Neil Sugarman and Fidelin Adorno-Va for an
inmate-on-inmate assault; prosecution decisions pending.
(USP) On September 14, 1998, a criminal referral was made for
inmate Timothy Hatten for possession of marijuana; prosecution
decision pending.
(USP) On September 10, 1998, an inmate-on-inmate homicide'
occurred.
Inmate Ellis Mosher is suspected of stabbing inmate
Stanley Moseley to death with a homemade knife.
The FBI and u.S.
Attorney's Office are actively pursuing prosecution.
FCI BIG SPRING
Subpoenas for staff were issued September 18, 1998, for USA v.
Jamie Estrada-Fernandez. Estrada-Fernandez's conviction for
assaulting a Correctional Supervisor during a December 23, 1996,
disturbance was overturned by the 5th Circuit Court due to the
Court's failure to provide specific instructions to the jury.
The retrial has been set for October 5, 1998.
FPC BRYAN

An in-depth investigation into assertions of sexual abuse of
inmates by staff has been proceeding for the past several weeks.
Three staff members have been placed on home duty status pending
the results of the investigation and a decision as to whether
prosecution will be pursued. One of these staff members has
subsequently resigned from Bureau employment. Additional staff
members and former staff members are under investigation.
Warden
Pendleton met with the AUSA's and OIG officials involved ill the
pursuit of this case.
FMC CARSWELL
DNA test on semen saved by an inmate indicates a match to DNA of
a food service worker accused of sexual relations with an inmate.
Prosecution will be forthcoming.

FCI EL RENO

On September 8, 1998, staff conducted a search of cell D-17 in
E-Unit. During the search staff found a coke can with a screw
off top.
Inside the can, staff discovered three balloons.
The balloons were filled with what was later identified as
marijuana. The FBI has been notified. The can was
determined to be in the possession of Inmate Noe Casarez.
FCI FORREST CITY

Staff observed inmates Carrillo, Felix, Gomez-Rivera, Mora-Sorin
and Jose assaulting inmates Valdivia, Ruben and Montes-Alfaro.
The trial was held on September 17, 1998, and the inmates were
acquitted, because the Judge said that they were coming to the
defense of another.
On August 28~ 1998, Recreation staff reported a fight between
inmates Gallego-Aviles and inmate Cortez-Cid. An investigation
revealed that inmates Gallego-Aviles and Cortez-Cid had struck
each other in the facial area. Both inmates were examined by
medical staff and escorted to the Special Housing Unit.
The FBI
declined prosecution, and the Warden agrees with the decision.
On September 9, 1998, inmate Choice became aggressive toward the
Operations Lieutenant as staff attempted to place hand restraints
on him to be escorted to Administrative Detention.
Inmate Choice
was placed on the ground, and hand restraints were applied. The
inmate was escorted to Health Services for a medical examination
and placed in Special Housing. The FBI was notified and the
investigation continues.
On September 17, 1998, inmate Charles was ordered to remove the
paper from his window in cell 202 in the Special Housing Unit.
Inmate Sargent was also ordered to remove the sheet covering his
bunk. He refused to comply. The Use of Force team entered the
cell, placed the inmate in hand cuffs, and proceeded to remove
the paper from his window and the excess linen. As staff were
attempting to remove the hand cuffs from the inmate, he began
pulling his arm through the food slot. The Us~ of Force team
entered the cell a second time and placed the inmate in
ambulatory restraints. The team exited the cell with no further
problems. Ambulatory restraints were removed at 5:12 a.m. on
September 18, 1998. An incident report was issued. The case has
been referred.
FTC OKLAHOMA CITY

On August 25, 1998, inmate Luis Carmona De La Torre threw a food
sack at a staff member in R&D. Staff placed him against the
wall, and the inmate sustained minor abrasions to the right

· chest, left shoulder, and left lower rib cage.
Prosecution was
declined for failure to meet prosecutorial guidelines, and the
Warden concurs.
On August 28, 1998, inmate Jesse Tweedy was found with a torn
mattress cover tied around his neck. Staff responded and removed
the material from his neck.
Inmate Tweedy was conscious and
breathing, but had slight facial discoloration.
Prosecution was
declined for failure to meet prosecutorial guidelines, and the
warden concurs.
On September 5, 1998, inmate Patrick Kerrigan was in Health
Services for medical observation because he threatened to hang
himself. He became combative and verbally abusive during a
medical examination and was placed in restraints. The FBI was
notified for informational purpose only.
FeI THREE RIVERS
Inmate James Esmedina pled guilty to Possession of Contraband
(marijuana) in a Penal ~nstitution. Sentencing scheduled for
November 2, 1998.
Inmate Martin Zuniga pled guilty to Possession of Contraband
(marijuana) in a Penal Institution. Sentencing scheduled for
November 10, 1998.
Inmate Todd Tanner pled guilty to Possession of Contraband
(marijuana) in a Penal Institution. Sentencing scheduled for
November 4, 1998.
Inmates JB Butler and Stevie Stenson, and Butler's niece pled
·guilty to Drug Introduction. Sentencing scheduled for November
1998.
Inmate on inmate assault involving seven Mexikanemi members
against two Sureno members on June 10, 1997, resulted in the
following convictions:
Inmate Santos Garcia received a five year sentence for Possession
of a Weapon.
Inmate Jose Cadena received a 50-month sentence
for Possession of a Weapon.
Inmate Antonio Gonzalez received a
33-month sentence for Possession of a Weapon.
Inmate Jacob Baca
received a six-month sentence for Simple Assault.
Inmate Valdemar Verdusco has been referred for Staff Assault.
Inmate assaulted staff member by throwing .his food tray thl-ough
the food slot in SHU, striking staff member on his right hand and
wrist. No injuries.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:"

Mike Hood

October 26 & 27

- Annual Leave

Lisa Sunderman

October 30

- Annual Leave

Marsha Foulks

October 26-30

- Annual Leave

Linda Nutt

October 30

- Annual Leave

Patsy Davis

October 26 & 27

- Annual Leave

Paul Layer

October 13-16

Bill Shively

October 6-16

- Annual Leave

Georganne Osborn

October 13-16

- Annual Leave

Other Scheduled Absences:

. None
m:\GROUPS\DRLEGAL.MONTH.FMT

-

House Hunting Trip

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

Dallas. Texas 75219

November 9, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - October 1998

ADMINISTRATIVE REMEDIES

("

RECEXVED
ANSWERED

'.

JAN

FEB

MAR

160
90

180
108

189
141

APR
163
85

!m.Y
197
158

JON

JUL

190
138

186
125

AUG
208
123

SEP
207
134

OCT
199
142

NOV

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

FEB
156
67
36
187
1

MAR

APR
201
48
45
205
1

MAY

JON

JUL

AUG

195
52
46
201
1

193
45
53
185
1

193
47
61
179
1

176
52
54
174
1

175
48
57
166
1

BEP
162
64
69
157
1

OCT
153
76
56
173
1

JA
N

FE
B

MA
R

AP
R

MA

JU

DE

V

C

56
30
22
54
45

54
43
82
15
13

15
88
70
33
10

BE
P
17
30
39
8
4

T

56
28
28
56
22

AU
G
16
48
47
17
5

NO

N
21
42
39
24
9

JU
L

OC

Y
21
45
41
21
9

JAN
133
56
33
156
0

NOV

DEC

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

l

\

I

LITIGATION

3327

24
38
46
16
8

8
42
31
19
2

(
CASES RECO
CASES CLOSED
HABEAS CORPUS
BIVENS

JA
N

FE

MA

B

R

17

15

i .:.

4
13

4

FTCA

(I

OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

(I

~
0

,

-

-1
17

AP
R

MA
Y

'"

- (,

., ~

3~

u

;;

.,

-'.

AU
G

SE
P

OC
T

1 :.

~8

--

~:~

,.: .l.

~

"

0

;

,

JU

JU

N

L

., ... ,;.

- '.'

-,

-.

,

,

,
,

,

;

~

1

1

-

-

I

-

--

..

(I

1,'1

S
"

1 •

:

--

3

,)

!

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12
0

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-

(,

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:;

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-,

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DE
C

-

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4
4

1

,

1

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--

1:

iI

I:

NO
V

-

,
•

CASES WITH HEARINGS OR TRIALS

.....

Horey v. Woods . Case tried in the Southern Distric t of Texas.
This Fcr Three Rivers case sounded in Bivens and FTCA.
The
Bivens portion of the case was to be tried by jury. Howe vel',
after the plaintiff's case in chief, the Bivens action agaiIlst
former Warden Woods and Safety Manager Michael Noakes was
dismissed for failure to rise to the level of a constitutional
violation (deliberate indifference standard was not proved i . The
FTCA pO J~tion of the lawsuit survived. The magistrate judqe
announced that she would rule on the c ase within 30 days.
On
October 29, 1998, the magistrate judge entered judgment ill tavo1'
of the defendants.
However, the judge ruled that staff bt~nched
their duty to provide cleaning supplies and sanitary cond~: tons
after the flooding .
CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

Gray v. Kalista , et al., A-97-CA-402-SS , USDC!WDTX.
In' ! .. :
Bastrop Bivens-style action , the cour t dismissed all bu:
the four defendants, declaring that defendant Stringfel: ' ~
to show that changing the plaintiff's responsibility rat: r. : ' .
poor" in response to a finding of guilt of a 200-level ~.
... ..
was appropriate.
The court also declared that Ms. Stri:: I:'
had failed t o show that as case manager, she was not 1''=' :!
. : ."
for ensuring the release of the plaintiff from DS at th ..
expiration of his DS time.
Finally, the court declared'
material issue of fact remained regarding whether she m: ::.' : ': . .
. :: : · '.1'
done either or both of these two acts in retaliation fo!
the plaintiff
sue one of the oth · · :

.....

3328

(

}P
b.

Tort Claim E,e ttlements

None
c.

Other settlements

None
SIGNIFICANT CASES
Rodriguez v. BOP, et al., A-98-CA-657-SS, USDC / WDTX.
FCr Bastrop
inmate requests a sentence reduction pursuant to 18 U.S.C.
Section 3621(e) (2) (B).
He states the halfway house placement
requirement was applied retroactively.
Kevin Ford v. Guzik, et al., the Chief District Judge issued an
Order on October 16, 1 998, finding dismissal of this FTC Oklahoma
City suit inappropriate at this time, and also ruling against
defendants' arguments of qualified immunity and respondeat
superior for the Warden and Lieutenant White e\en though Judge
Russell did say Lieutenant White is entitled tc qualified
immunity to the extent plaintiff seeks damages against him on a
separate Bivens claim for an alleged cover up, but not on the
claim of supervisory liability . An appeal is under
consideration.
SIGNIFICANT TORT CLAIMS
None
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
None
MEDICAL MALPRACTICE
LITIGATION
None
TORT CLAIMS

3329

(

None
ENSIGN AMENDMENT
LITIGATION
None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None

/

\

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
October 8 & 23, 1998 - Federal Court staff from the E.D .Tex.
toured USP Beaumont with assistance from legal staff.
Nu l~deral
district court judges or magistrate judges attended.
On October 8, 1998, a team from the Central Office visi.~· ·· · 1 :·"l~
Carswell to investigate the need for the Residential Dru g ;U.' l:!: L·
Program (RDAP) at the facility.
It was approved. on a ,: .'c,· ·.... ,,,.:
smaller scale than what was originally requested, and i,' ,' . " ~ : j
to begin sometime in the near future.
This was a dire c:: : , ·:: c•• :
of a potential lawsuit and administrative remedies file o
regarding the unavailability of RDAP at Carswell.
Carswell's Construction Completion Ceremony was held on
October 22, 1998 . The Director, Regional Director, and .. .. : . 1,' ",:
George Killinger and Sam Pratt were in attendance.
Als L .. .
attendance were Paul Coggins, the United States Attorn~~· .
Tarrant Count y Medical Examiner, and other community
representatives.
Inmate

releases from BOP custody in Novembe:

3330

(

On October 22, 1998, Judge Robert T. Dawson and his staff toured
FCI Texarkana. Judge Dawson is from the United States District
Court, Western District of Arkansas.
On October 23, 1998, Congressman Max Sandlin (Texas) and his
staff toured FCI Texarkana.
CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
(US~) Sentencing is scheduled for December 18, 1998, for inmate
Justin Mosely, who previously pleaded guilty to Possession of a
Weapon (shank), which he used to assault another inmate.

(USP) A criminal trial for inmate William Talley is scheduled for
November 17, 1998, in the E.D.Tex.
Inmate Talley is charged with
Conspiracy to Provide, and Possession of, Marijuana in a Federal
Prison (two separate counts).
Inmate Talley is a co-defendant of
former Correctional Officer Jessica Sills.
(LOW) On September 1, 1998, th~.S.
rney's Office, E.D.Tex.,
declined prosecution of inmate
for Attempted
Introduction of Marijuana Into
e InstLtut~on (through an
incoming publication) . Warden Tombone concurs with decision.
(LOW) On October 19, 1998, inmate Luis Carmona-De La Torl'e
pleaded guilty in U.S. District Court, E.D.Tex. to Misdemeanor
Assault of a Correctional Officer . Sentencing is anticipated
within 60-90 days.
(USP) On October 2, 1998, former USP Correctional Officer Jessica
Sills was sentenced to three years probation, $1000 fine, alld
$100 special assessment, after previously pleading guilty to
providing Marijuana Inside a Federal Prison .
(USP) On October 2, 1998, inmate Joe Regalado was sentencp d to
33 months and $100 special assessment after previously pleadlng
guilty to Possession of Heroin Inside a Federal Prison .
(USP) The ~ney's Office, E.D.Tex., declined prose CU:lon
Ward",::
of inmate .........,for an inmate-on-inmate assault.
pitzer concurs with the decision.
(USP) The

ice, E.D . Tex., declined pros t:>("l ~: l o n
for an inmate-an-inmate assau ! :
the decision.

fice, E.D.Tex., declined prosP=~:lor:
or Possession of Marijuana.
Wa:' :j.>::
Pitzer c

3331

()

~

(

(USP) Criminal prosecution referrals were submitted for an
inmate-on-inmate assault occurr '
1998, involving
inmates
Determination
pending.
(USP) Following an investigation, Correctional Officer Leonard
Harris was arrested and charged with Introducing Marijuana and
Heroin.
He was been arraigned and is currently out on bond.
FCI BIG SPRING

A retrial was held October 5, 1998, in the Federal Court house in
Lubbock Texas, in a case styled USA v. Jamie Estrada-Fernandez .
Jamie Estrada-Fernandez was again convicte d for assaulting
Lt. Travis Gilbreath during a December 23, 1996, disturbance.
The retrial was overturned by the 5th Circuit Court due to the
Court's failure to provide specific instructions to the jury.
Sentencing will not be until December 1998.
FPC BRYAN

The assertions of sexual abuse of inmates by staff reported in
previous reports has been placed on the docket to be considered
by the Grand Jury .
FCI FORREST CITY

in."

ation
re identified as
on.
ry
tion
s attacked by inmates
and
up a three -hole punch an stl'uck
a laceration to the right side of his head .
sustained minor abrasions to his face and wrist.
sustained no apparent injuries.
The FBI wa s
the investigation continues.

On October 16, 1998,
Department.
Inmates
being involved
that

FCI LA TUNA

was assaulted by inmate
on May 9, 1998. The matter
criminal prosecution.
Inmate
punched Office
in the mouth w~' st,
him in the uppe
. Lieutenant
wa s d: ,iO
assaulted by this same inmate during th~s same inci ent wh e r: he
fell to th~ with the inmate falling on top of him.
Lieutenant . . . ~mpting to restrain the inmate !: H "'
,:,ssaul~in
. er. . . . when he slipped and fell, bl'i rn:: l:j
~nmate
down upon him . The inmate was subsequen~ .·,
restraine , and placed in Administrative Detention.
All s: ,.::

3332

and inmates involved were subsequently examined by medical staff.

(
.,-

.-'-.tff'

Although the SIS file does not document the exact time and date a
criminal referral, occurred, the matter was .subsequently r~ferred
.to the FBI for criminal prosecution. ~'he ":ecord document's ~an FBI
Agent rec~ving'certain photographs pertaining to this ma~Eer
from the SIS Lieutenant as early as May 28, 1998. The i~mate
was turned over to u.S. Marshals for Criminal Prosecution on
August 26, 1998, and remains in their custody at this time. The
matter has been assigned to Assistant u.S. Attorney Stephen
Jurecky for criminal prosecution.

FTC OKLAHOMA CITY
On September 2
repeatedly
punched inmate
_ e a d and upper torso area
in plain view 0
nma
made no attempt to defend
himself. Inmate
sustaine a small scratch to the lower
left side of his
rosecution was declined for failure to
meet prosecutorial guidelines. The Warden concurs.

(,

On September 29, 1998, inmatelllllllllllllllttempted to kick a
Deputy United States Marshal w~way area, and he was
restrained by staff. There were no injuries. ~telY an
hour later, a team was assembled to move inmat
from R&D
to SHU. The inmate was disruptive and spit at t e Captain,
striking him in the facial area. The FBI was notified for
informational purpose only.
On October 2, 1998, inmate
was disruptive, spit on
staff, verbally threatened 1mse
a
s aff, and refused to put
his clothes on or b e , . . ' ned.
A use of force team was
assembled .and inmate
was moved and placed in progressive
ambulatory restraints. T e FBI was notified for informational
purpose only.
On October 6, 1998, a use of force team moved i
from SHU to R&D for the outgoing airlift. Inmat
refused to submit to restraints. The FBI was not
informational purpose only.

On September 25, 1998, an Information was filed charging ~ .,.,,: m~:
correctional officer Joe Anthony McManus with three sepd: ,.~.'
counts of Engaging in Sexual Acts With Inmates in or abou~ MeU ch
1997, in violation of 18 U.S.C. § 2243(b). On October 2, :~48.
Mr. McManus entered. into a plea agreement whereby he ple,i.i.· 1
guilty to the three-counts. The maximum penalty for eac!'-. .- .• r~~
is one year imprisonment and/or a fine of $100,000, and cit (::1'"
year term of supervised release. Sentencing date has nc~ t·.·.·:.
set.

3333

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

South Central Regional Office

December 7, 1998
MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - November 1998

ADMINISTRATIVE REMEDIES
JAN

RECEIVED
ANSWERED

160
90

FEB
180
108

MAR

189
141

APR
163
85

MAY
197
158

JON

JUL

190
138

186
1'"1",,)

AUG
208
123

SEP
207
134

OCT
199
142

NOV

DEC

196
137

TORT CLAIMS
PENDING
RECEJ:VED
ANSWERED

PENDJ:NG
OVER SJ:X MO

APR
201
48
45
205
1

MAY

JUN

JUL

193
45
53
185
1

193
47
61
179
1

176
52
54
174

R

AP
R

MA
Y

JU
N

L

54
43
82
15
13

15
88
70
33
10

21
45
41

21
42
39
24
9

24
38
46
16
8

JAN
133
56
33
156
0

FEB
156
67
36
187
1

MAR

JA

FE
B

MA

56
30
22
54
45

195
52
46
201
1

1

AUG
175
48
57
166
1

SEP
162
64
69
157
1

OCT
153
76
56
173
1

AU
G
16
48
47
17
5

SE
P
17
30
39
8
4

OC
T
8
42
31
19
2

NOV
163
78
45
196
1

DEC

NO

DE
C

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

N
56
28
28
56
22

21

:.

I

LITIGATION

3246

JU

V

19
50
50
19
2

JA
N

CASES RECD
CASES CLOSED
HABEAS CORPUS

i

..,

. ..
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-

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BZVENS

OTHER
LXT REPORTS

FE
B
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.

Jo

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--

SETTLEMENTS/
AWARDS

!

j

CASES WITH HEARINGS OR TRIALS
McMeans v. United States, EP-97-CA-S07-F.
In this FeI La Tuna
personal injury case, a very brief Order to Show Cause hearing
was held on November 19, 1998. Plaintiff McMeans did not appear,
and the District Judge indicated he would take .dispo~itive action
in short order.
Plaintiff has not responded to any pleadings
filed by the United States.
CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None

b.

Tort Claim settlements

None

c.

Other settlements

None
SIGNIFICANT CASES
None
SIGNIFICANT TORT CLAIMS
an FMC Fort Worth inmate, has filed ar.
claim, alleging negligence on the part o!
FMC Fort Worth staff in his medical care.
Specifically, : ..
alleges BOP staff failed to perform diagnostic tests tc :.' .
etiology of episodes of dizziness and syncope he expel".!· =
the law library.
He claims government negligence in th·

3247

. - . :."

of $3,000,000, for personal injury.

(
"

(T-SCR-98-453)

Numerous FCI La Tuna staff and some civilians have filed
adminj.3tr~ti.:v~ tort~i1l\!3 .a~J.~gin';J . dama~1-e_ ,t o their pr~,yaj:.ely . _ _
'Owned yehl."cles resu~9' '·from 'over spray. 'FCI L1! T'J,na · ):'~centl y"
paint eO, Cl" water tow~~ated in t'he reservation nousI:i1g ~a:i:ea,
'
and over spray is alleged to have been carried by wind to POV's
parked in the reservation area, the Training Center, and the
staff parking lot .
, an FCI Oakdale inmate, has filed an administrative
alleging personal injury because he has not been
in a 500 hour drug treatment program. (T-SCR-98-326)
is housed at FDC Oakdale as an Immigration Detainee.
contends that on November 19, 1996, he was being
returned to FCI Oakdale from Immigration Court in a van driven by
an Immigration Officer, when the dri ve r made a sharp turn and
while he was bracing himself with his hand and shoulder, he heard
a sharp pop in his back.
He adds that an institution Physicians
Assistant "snapped" his neck, and that he was treated with
therapy and muscle relaxers for months because of the pain
shooting from his neck to his head.
But, he states the pain
continues, and institution medical staff are not taking his
injury "seriously . " Be is see king $25,0,00 for the inj ury and
alleged inadequate medical care. (T-SCR-98-503)
an inmate housed at FCI Forrest City, is seeking
$2 million. He alleges that specific staff in Health Services at
FCI Forrest City are deliberately indifferent to his medical
needs because they have not referred him to a specialist
(Podiatrist) and he suffers "extreme" foot pain and knee damage.
(T-SCR-98-466 )
an inmate housed at FCI Bastrop, is seeking
He alleges that staff at Fcr Bastrop fail ed :c
diagnosis his injured right shoulde r. (T-SCR-98-4 ~P

SIGNIFICANT ADMINISTRATIVE REMEDIES
FCI Oakdale inmate,
is also pursuing a pla , ··- .. :::
nistrative remedy process.
Se· , .. ".
the RDAP through the
claim under Significant Tort Claim Heading .
UPCOMING TRIALS OR HEARINGS

3248

: r.

~,

(

u.s.

v. Ruth Muhammad, 98-10960; U.S. v. Susan Klat,
4-97-CV-678-A; and u.s. v. Jacguline Dennis, 4-97-CV-0729-A
(ND/TX FTW) ,

United States Court of Appeals for the Fifth Circuit.
This involves three mental health commitment inmates from
FMC Carswell.
Inmate Muhammad's attorney is claiming that
there was insufficient evidence to commit her and argues
religious freedom and freedom of speech.
Inmate Klat and Inmate
Dennis argue that the Magistrate Judge lacked the jurisdiction to
commit them. On December 2, 1998, the AUSA argued the appeals
before the Fifth Circuit in New Orleans.
MEDiCAL MALPRACTICE
LiTiGATiON
None
TORT CLAiMS
See Significant Tort Claims Heading.
ENSiGN AMENDMENT
LITIGATiON
None
TORT CLAiM
None
RELiGiOUS FREEDOM RESTORATiON ACT
LITiGATION
None
TORT CLAIM
None

PRISON LITIGATION REFORM ACT ORDERS
None

3249

(

SITUATIONS OF INTEREST
Until further notice, Darrel Waugh will be Acting Supervisory
Attorney at FCC Beaumont.
United States of America v. Angie Mitchell, 4-98-CR-180-Y,
(ND/TX, FTW). A Judge has ordered FMC Carswell mental health
staff to perform a Forensic Study on Angie Mitchell on an
outpatient basis.
(She would come to the institution from the
street").
We are vigorously opposing this with the assistance of
the criminal AUSA.
CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
Conspiracy to Provide and Possession of Marijuana (Talley,
14753-056). Case dismissed 11 / 13 /98 . Warden Pitzer agrees with
determination.
Introduction of Narcotics (Macias).
Inmate pleaded guilty;
sentenced 11/17 / 98 to six months consecutive to his current
sentence and three years supervised release . Warden agl'ees with
determination.
FCI BIG SPRING
An FCI Big Spring Food Service employee was arre.sted on
November 25, 1998, at the institution for Introduction of
Contraband.
Prosecution and other charges are now pending .
FPC BRYAN
The assertions of sexual abuse of inmates by staff repo:·:~ d In
previous reports have been placed on the docket to be CO lle': j e ,·ed
by the Grand Jury.
The Grand Jury heard testimony reg a ,. ci: :: : ; : h·.·
case against one of the staff members, and we hope to he""
"c>or:
of any possible indictment in that matter.
FMC CARSWELL
On October 23, 1998,
assaulted a staff me ":,,··:
weapon was involved, but there were injuries to the sta:: ". -.: ....
which consisted of a minor contusion to his right shin.
:;"!.'
been referred to the FBI.
Investigation is still pendil'~ .• : ~~: s
time.

(

While standing mainliMhe Inmate Systems Manager was
approached by inmate
She claimed she was elig.:
530 days of jail credl , thereby allowing her to releas.
Friday (October 30).
She stated that documentation was : ' . '

3250

(

forwarded to the Records Office . After reviewing the file to
verify the inmate's story and not finding anything to
substantiate her story . The mailroom was notified to monitor the
mail regarding possible documentation on jail credit f o r this
particular inmate. A 1et;"er was receivei from a Louisiana paris h
sheriff 's office later that day.
It tipped off staff because it
was too lengthy and provided more information than what was
requested. The agency was contacted to verify the authenticit y .
The letter proved to be bogu,.referral was made to the FBI.
On October 29, 1998, inmate
assaulted a staff member.
No
injuries were reported . This as een referred to the FB I .

IIIIIIIIThis
assaulted a Menta l Health
has been referred t o the

On November 22, 1998, inmate
Nurse.
No injuries we r e reported.
FBI.
FCI EL RENO

Twenty-four Mariel Cubans were placed in administrative detent ion
without incident based o n a drop note and information received
from the FBI invol v ing a possible hostage situation at the
institution.
FBI decli n ed prosecution, and the Warden concurs .
During a routine shakedown, staff found a homemade hang glider in
UNICOR.
FBI notified.
FCI FORREST CITY

On October 26, 1998, inmates
and
were found fighting in the Span
.V . room. Bot
examined by medical staff and escorted to the Special Housing
Unit with no further incident . The FBI was notified . U. S.
Attorney's Office declined referral for prosecution, an d :Il~
Warden agrees.
On November 6, 1998, inmate
became p aSSi ve
resistant with facilities st
0
red him t ,· : '. :: ::
reading.
Staff ordered inmate
to report t o the l ieutenant 's office a:: :i :I t"
refused sta f's orders.
The inmate then ~"rabbed a :"" '; ''0''
bit and attempted to assault staff with this weapon . s: .. : :
gained physical control.
The inma t e was placed in hand
restraints and escorted t o the lieutenant's off i ce with o~:
further incident . The FBI was noti f i ed.

FTC OKLAHOMA CITY

On October 1 6 , 199 8 , inmate
liliiii
in the face and gav e

George IIIIIIIrstruck inmat ~
him a swollen eye.

3251

IIIIIIr

(\0

assaulted staff by

On October 20, 1998, Inmate
scratching his hand with her

(

~

to
The FBI., declined to refer case for prosecution for failure
"
' mee,: pr6se'c utoriaT guide)3.nes, ' and ~hif 'Warden concu1;s,
" ' --,c~,
__
k ;--; ,-".' "
.> ,' ' ..' '
PERSONAL ISSUES
,

None

Scheduled Annual/Sick Leave:

December 28- Annual Leave
January 1, 1999
December 28January 1, 1999

- Annual Leave

December 21-25 - Annual Leave
Lecember 21-25 - Annual Leave
"

.-

December 23-28 - Annual Leave
December 21-25 - Annual Leave
December 28J ,~nuary

- Annual Leave
1, 1999

December 28January 1, 1999

- Annual Lea ve

December 21-25

- Annual Leave

Decembel' 7 -11

- Training - D.,. ::':,"l'

Other Scheduled Absences:

m:\GROUPS\DRLEGAL,MONTH.FMT

\.

3252

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

Dallas, Texas 75219
January 8, 1999

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - December 1998

ADMINISTRATIVE REMEDIES

(

RECEIVED
ANawERED

JAN

FEB

lGR

APR

160
90

180
108

189
141

163
85

MAY
197
158

JON

JOL

190
138

186
125

AUG
208
123

SEP

207
134

OCT
199
142

NOV
196
137

DEC
193
173

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
133
56
33
156
O·

MAY

JUN

JUL

AUG

195
52
46
201
1

APR
201
48
45
205
1

193
45
53
185
1

193
47
61
179
1

176
52
54
174
1

FE
B

MA

AP
R

MA
Y

JU

R

N

JU
L

56
30
22
54
45

54
43
82
15
13

15
88
70
33
10

21
45
41
21

21
42
39
24

9

9

FEB
156
67
36
187
1

MAR

175
48
57
166
1

SEP
162
64
69
157
1

OCT
153
76
56
173
1

NOV
163
78
45
196
1

DEC
206
56
50
212
1

AU
G
16
48
47
17
5

SE
P
17
30
39
8
4

OC

NO
V
19
50
50
19
2

DE
C
19
41
49
11
5

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PBNDING
OVER 20 DAYS

JA
N
56
28
28
56
22

I

LITIGATION

3280

24
38
46
16
8

T

8
42
31
19
2

(

JA
N
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENSFTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWJUU)S

1-

,

,,
~

4

FE

MA

B

R
.

:5

~

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34

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~

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MA

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CASES WITH HEARINGS OR TRIALS

u.s. v. Ruth Muhammad, 98-10960; U.S. v. Susan Klat,

(

4-97-CV-678-A and U.S. v. Jacguline Dennis, 4-97-CV-0729-A.
(ND/TX FTW), U.S. Court of Appeals for the 5<h circuit.
This
involves three mental health commitment inmates from FMC
Carswell . The AUSA made oral arguments before the 5< h Circuit
Court of Appeals regarding whether a Magistrate had authority to
commit individuals under Title 18. No determination has been
made at this time.
On December 22, 1 99 8, an in - person Spears hearing was conducted
in Daniel De La Cruz , Sr. v. Michael A . Purdy, et al . , SD / TX, C .
A. No. C-98-419.
CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

None
b.

Tort Claim settlements

On January 5, 1999, FMC Fort Worth legal staff particip,l:" :: :r. "
mediation conference on the Thomas Norris Thompson v . US;' C'.,,::e:
Approval for settlement up to $2,500 has been granted.
. :; ..
parties have reached agreement to settle the case for $: ' .:r~.
The U. S . Marshals gav e approval on $ 12. 50 0 . This case : : : ~ . . ~~ ~

3281

allegations of medical malpractice.
administrative purposes.

(

c.

Our settlement is for

Other settlements

None
SIGNIFICANT CASES
In Wolfgang Von Schlieffen v. USA, a former FMC Fort Worth inmate
alleges staff were negligent in failing to prevent an assault on
'him by anQther inmate. He is seeking $2,500,000, in damages
against the United States.
'
daughter of a deceased FMC Fort Worth inmate,
~1C1
action against the United States, seeking
unspecified damages against the United States. She alleges that
FMC Fort Worth staff did not have adequate oxygen, which resulted
in the death of her father.
Dale Wayne Lawton v. Guzik. Warden, CIV-98-1690-C.
Inmate pled
guilty to cultivation of marijuana and a firearm was found in his
residence during a search.
Inmate completed the 500 hour drug
abuse treatment program at FCI Seagoville on August 26, 1998, and
then transferred to FTC Oklahoma City.
Claims he is eligible for
early release under Fristoe .

(
.......

Griggs v. Hawk, CIV-98-0690-M. Court Order on December 31, 1998,
dismissed plaintiff's Bivens claims, construing plaintif f's
request for injunctive relief as a §2241 habeas, and direc~lng
the BOP to consider, within 30 days, whether inmate Grigg~ is
eligible for §3621 early release without relying on sentenC":llg
factors.
. '
Jose Sanchez-Montoya v. Sam Pratt, et aI, 3: 98-CV-2S28 - F. N::: 'TX
Dallas Division. This is a BIVENS case filed against Wa!·:h·::
Pratt, HSA Gordon T~ueblood, an unknown optometrist, and
physician's assistants. He alleges these staff have ref ~~:: .. : ~ ~
provide eye surgery and have been deliberately indiffert'"'::· ::' t~:!'
pain, discomfort, and vision loss.
SIGNIFICANT TORT CLAIMS
~:
J.~ •• ~~

a former USP Beaumont inmate, alleges staf! :
to protect him, which resulted in being stabbed, and co::!:.·
paralysis. He seeks $100,000.00 compensation. (T-SCR-~~
-

an inmate housed at FMC Fort ,Worth, alleg,:';

~ at FMC Fort Worth were negligent when the';

1 ••••

.
.

amputated his left great toe. He states that staff fai:.·:
timely diagnose and treat an ingrown toenail condition, •...

3282

; ','

:.,1"

('.

resulted in the toe becoming infected.
is subjected to infections easily due to
He seeks one million dollars in damages.
On December 19, 1998,
inmate who filed an
treating a left ankle
the knee.
The inmate

adds that he
iabetic condition.
(T-SCR-98-576)

'o-'1U

an FMC Fort Worth
negligence in
leg amputated below
to the institution and is

FCI Oakdale inmate IIIIIIIIIIIIIII filed a claim alleging he
suffered a neck and~ as a passenger in an INS bus
returning from a deportation hearing. This inmate alleges he
continues to suffer neck and shoulder pain and that the medical
care he received did not alleviate the pain.
The inmate is
claiming $25,000 in damages.
(T-SCR-98-503)
SIGNIFICANT ADMINISTRATIVE REMEDIES

.'
'."

FMC Carswell has recently received a high volume of copouts and
administrative remedies from numerous inmates regarding their
convictions and sentences.
Inmate _ _ appears to be the
~ .....
instigator of the complaints. AI~plaints contai:,
V
identical wording and arguments. _ _, makes the tYP 1Cill ..
militia" or "Republic of Texas" types of claims against federal
jurisdiction. All of these inmates have been reported : 0 ;:::S fo! '
intelligence purposes.

1V

UPCOMING TRIALS OR HEARINGS
In Gray v. Roddy, a Bastrop Bivens-type suit in which th· ,
plaintiff claims his case manager wrongfully changed hi r .
responsibility" rating, and also failed to ensure his l' €' : :; :: , : !':l C:DS to AD status upon the completion of his DS time.
Th , ·
plaintiff will be deposed on January 8,1999, at FCI Bi G : ' . ;: ";.
his current place of confinement. Martin Sweaney plans:
attend.
MEDICAL MALPRACTICE
LITIGATION
See Significant Cases Section.
TORT CLAIMS
See Significant Tort Claims Heading.

3283

ENSIGN AMENDMENT
LITIGATION
None
TORT CLAIM
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIM
None
PRISON LITIGATION REFORM ACT ORDERS
(

\.

None
SITUATIONS OF INTEREST
United States of America v. Angie Mitchell, 4-9S-CR-lS0-Y,
(ND/TX,FTW). .A Judge has ordered FMC Carswell mental health
staff to perform a Forensic Study on Angie Mitchell on an
outpatient basis.
(She would come to the institution from the"
street"). We are vigorously opposing this, and the plans are
that the AUSA will assist us in our opposition to the Court.
On December 1, 1995, officials from 14 countries visited FCI
Three Ri~ers to tour the institution and receive a briefing on
basic operations. Dignitaries included legal representatives
from Argentina, Bangladesh, Code D'Ivoire, El Salvador, Ethiopia,
Jamaica, Macedonia, Mozambique, Nicaragua, Nigeria, Pakistan,
Serbia/Montenegro, Turkey, and Ukraine. The tour was sponsored
by the U.S. Information Agency.
CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT
On December lS, 1995, USP Beaumont inmate Justin Mosley was
sentenced to a five-year prison term, consecutive to his current

3284

(

offense, by Judge Cobb for violating 18 U.S.C. § 1791(a) (2 )
(Making, Possessing, or Obtaining Contraband in Prison) .
Inmate
Mosley stabbed inmate Clinton Teague with a shank 11 times on
December 23, 1997. Judge Cobb departed upward from the
Sentencing Guidelines' recommendation of a 37 to 46 .llonth
sentence based upon inmate Mosley's lengthy history of violence .
FCI BIG SPRING
Former Food Service Foreman Keith D. Conner, was indicted by a
Federal Grand Jury in Lubbock, Texas, on seven felony counts:
18 U.S.C. 201(b) (2) (A), Bribery of a Public Official.
(Three counts.)
(Two

18 U.S.C . 1791 (a) (1), Providing Contraband in Prison.
counts. )
21 U.S.C. 841 (a) (1), Distribution and Possession of
Marijuana with Intent to Distribute.
(Two Counts. )

Mr. Conner was arraigned on December 29, 1998, and entered a plea
of not guilty. Trial is set for February 1, 1999.
FPC BRYAN
(

Charles Alexander, Cook Foreman, W<;lS indicted on November :C3,
1998, on a total of nine counts of sexual activity with female
inmates at FPC Bryan.
Six of these are alleged violations of 18
USC 2243(b) [Sexual Act), and three are alleged violations of 18
USC 2244 (a) (4) [Sexual Contact).
No trial date has been se: .
Mr. Alexander has been placed on indefinite suspension pending
resolution of these cha~ges.
Inquiry continues into th~ actions
of two additional FPC Bryan employees, one of whom rema i "" on
home duty status, and the other has resigned his Bureau
employment.
FTC OKLAHOMA CITY
Inmate

was combative in R&D, grabbed staff , ..: : "'car, and pushed staff away from him.
There we: .. ..
injuries. The FBI declined referral to U. S. Attorney's ~ •.
Inmate
agitated during visual se a : ..
and threw
staff member, striking her on t I "
leg causing a contusion to her shin.
The FBI declined : .
to the U.S. Attorney's Office.
Inmate fight between inma
had no injury, and inmate
neck area.
The FBI declined referral to the

3285

..

: : ' I.

..
:

:

I'

(

Office.
Inmate
_him in
referral --co

assaul ted inmate
area. "There were no i
At torney's Office.
_ ._

at~-empted

by striking
decJ.,.i-n.e~~l

. If':-;:;~~

hillle1~r. ~y

Inmate
suicide-on December 16,
placing a noose made from mattress cover around
as he
stood on top the cell bed. Staff observed inmate
making
this attempt and escorted him to the institutional ospital for
suicide watch. There was no injury and FBI declined referring
this matter to U. S. Attorney's Office.

attempted to head-butt a Springfield bus
was processed for the outgoing bus lift.
was already in leg irons, handcuffs, and a Martin
taff was placing the black box on him.
Inmate
received minor contusion to his right wrist, and t -he
member received superficial abrasions, swelling of the
knees, and a soft tissue injury below the right eye.
FBI
declined referral to the U.S. Attorney's Office due to minor
injuries .
The Warden concurs with all referral declinations.
FeI SEAGOVILLE

Bridgette Jones, former case manager at FCI Seagoville, was
sentenced the week of December 14, 1998, to six months probation
and ten months community service for having an inappropriate
sexual relationship with an inmate .
It is anticipated three indictments will be handed down
mid-January against inmate Frank Taylor, who introduced
balloons of cocaine into the institution.

:7

Inmate Thomas Monohan, will be indicted for Murder for Hl l-E' _ He
at tempted to do this while incarcerated at FCI Seagovi 11 (. _ His
intended victim was his father, who was in the process o!
changing his will. It is anticipated the indictment will b~
handed down in February 1999 .

An FBI referral was made on inmate

for c o nj ~~ :lng
a fraudulent business from inside
Seagoville . The FE,: : "
tentatively scheduled to conduct their investigation in -':'-''' '' '''-,1999.

(

A referral was made on inmate
who se!-: : c.,, : \'
assaulted another inmate . In
AUSA d e ~ : c : .,."
prosecution because the assailant was reluctant to coope:iI : .. _
The Warden concurred with the decision.

3286