(

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

Dallas, Texas 75219
July 11, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - June 2001

ADMINISTRATIVE REMEDIES

RECEIVED
ANSWERED

JU
L

JA
N

FE

MA
R

AP

B

R

MA
Y

JU
N

198
122

175
121

218
135

208
150

238
148

265
167

AU
G

SE
P

OC

T

NO
V

DE
C

(

TORT CLAIMS

PENDING
RECEIVED
ANSWERED
PENDING
OVERSIXMO

JA
N

FE
B

MA
R

AP
R

MA
Y

JU
N

225
72
80
217
0

227
49
48
228
0

231
86
69
248
0

239
72
61
250
0

260
69
68
261
0

252
53
48
257
0

JA
N

FE
B

MA
R

AP
R

MA
Y

JU
N

43
102
95
57
3

57
56
68
45
3

45
89
77
57
5

57
71
95
33
1

33
80
78
35
2

35
72
81
26
0

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

JU

AU
G

SE
P

OC

T

NO
V

DE
C

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

4148

L

I'

\.

LITIGATION
JA
N
CASESRECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGSI
TRIALS
SETTLEMENTSI
AWARDS

17
5

11
4

FE

MA

AP

MA

B

R
21
12
13

R
19
17
8

Y
10
12
3

4

9

4

1
2

3
0
16
0

5
1
3
1
10
0

0

0

2

11
5
4

5
1

1
1
12
1

15
0

3
1
16
1

0

0

0

1

1

19

JU
N

JU
L

AU
G

SE
P

OC
T

NO

V

DE
C

10
9

CASES WITH HEARINGS OR TRIALS
None
CASES WITH SETTLEMENTS OR AWARDS

a.

('
'...

Adverse judgments

In Reginald Lee Stafford v. Sam Pratt, a previously reported Seagoville case, an
adverse decision was rendered regarding a Bureau of Prisons'
custody classification and 3621(e) early release eligibility case
pursuant to Program Statement 5100.07, Security Designation and Custody
Classification Manual. The
crux of the adverse decision focuses on the ruling of United
States District Judge Barbara Lynn, wherein she rejected the
Magistrate's Findings and concluded that the Respondents
(BOP) "acted arbitrarily and capriciously in speculating that
Mr. Stafford was not convicted of the sexual offense as a result
of a plea bargain. The Court ORDERED that the BOP immediately remove
Petitioner's PSF designation and recommend him for acceptance into a halfway house."
The Court contends the BOP speculated the charge was based on a plea bargain and,
thus, held we abused our discretion. A Motion for Reconsideration will be filed, as well
as a provisional Notice of Appeal.

b. Tort Claim settlements
See Significant Tort Claims.

The previously reported Retana case was settled for$190,OOO~:

c.

(

Other settlements

None

4149

SIGNIFICANT CASES

(

None
SIGNIFICANT TORT CLAIMS
FMC FORT WORTH
The Office of Quality Management (OQM) reviewed two a d m
" i n l l Mclaims
(TRT-SCR-2001-03877 and TRT-SCR-2001-04579) regarding
wherein
settlement was recommended . A settlement of $3500.00 was n gotiated to settle both '
claims, which OGC approved. The claims involved the care of the diabetic claimant's
toe while in SHU, the subsequent amputation, and negligent post op care.
SIGNIFICANT ADMINISTRATIVE REMEDIES

None
UPCOMING TRIALS OR HEARINGS
FCI FORREST CITY

Albert Muick v. Edward Johnson. All claims were dismissed as to all defendants , except
for plaintiff's 81" Amendment claim that he was forced to work beyond his physical
capacity. An evidentiary hearing is scheduled for July 24 , 2001 , at 11 :00 a.m.
Philip Fairchild v. Marvin Morrison. In this previously reported case, regarding a factual
dispute on the issue of whether due process was afforded the plaintiff in the disciplinary
process, has been set for an evidentiary hearing on July 24 , 2001, at 9:30 a.m.

MEDICAL MALPRACTICE
LITIGATION

None
TORT CLAIMS

See Significant Tort Claims heading .
ENSIGN AMENDMENT

None

4150

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.

/'
~.

LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST

( ....
None
CRIMINAL MATTERS AND PROSECUTIONS

.'

.

FCC BEAUMONT (MEDIUM)
was convicted on June 20, 2001, of Possessing Contraband in Prison.
He had approximately 14 packets of marijuana in his secured locker (nat weight of 2.5
grams) when staff searched his cell in August of 2000. No sentencing date has been
set.
USP BEAUMONT
Following a sealed indictment, former Correctional Officer Sheffray Ward was sentenced
on June 27, 2001, to four years probation, a $2,500 fine, and 100 hours of community
service.
FDC HOUSTON
, a former FOe Houston correctional officer, was charged by
Criminal Information on May 31, 2001 ~ing in a sexual act with an
inmate in official detention and under ~ authority. As was previously
reported, the female inmate told supervisory staff that she had engaged in sexual

4151

b'\O

relations with _

in the staff restroom located in the female housing unit.

PERSONAL ISSUES
None
Scheduled Annual/Sick Leave:
- July 16-23.

- Annual Leave

- July 25-31

- Annual Leave
- Annual Leave

- July 27
Other Scheduled Absences:

4152

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

Dallas. Texas 75219
August 13, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - July 2001

ADMINISTRATIVE REMEDIES
JAN FEB MAR APR
RECEIVED
ANSWERED

218
135

175
121

198
122

208
150

MAY

JUN

JUL

238
148

265
167

233
206

AUG

SEP

OCT

NO
V

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
225
72
80
217
0

FEB
227
49
48
228
0

MAR

231
86
69
248
0

APR
239
72
61
250
0

MAY
260
69
68
261
0

JA
N
43
10
2
95
57

FE

MA

AP

B

R
45
89

R
57
71

MA
Y
33
80

N
35
72

68
45

3

3

77
57
5

95
33
1

78
35
2

81
26
0

JUN

JUL

252
53
48
257

264
82
82
264
0

0

AUG

SEP

OCT

NOV

DEC

AU
G

SE
P

OC
T

NO
V

DE
C

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

57
56

JU

JU
L

26
77
57
46
1
'"

4172

(

LITIGATION

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

JA
N
17

FE

MA

B
11

5
11

4

R
21
12
13

5
1

3

4

1

5

4

AP
R
19
17

MA

Y

8

10
12
3

9
1

3

4

JU
N

10
9
5
1

1
19

16

0

1
16
1

2

0

3
1
10
0

0

0

0

0

2

1
12

1

15

1
0

0

JU

L
10
7

AU
G

SE
P

OC

NO

T

V

DE
C

6

1
1
2

0

9
1

CASES WITH HEARINGS OR TRIALS

(

McGuire y. Charles Turnbo, Case No. 4:91-CV-831-Y.
In this
previously reported FMC Fort Worth wrongful death case, the
plaintiff, Ms. McGuire, alleged the BOP was negligent in allowing
former inmate Shelia Moore, Ms. MCGuire's daughter, to ingest
cocaine. On July 2, 2001, the Fifth Circuit Court of Appeals
dismissed the case because Ms. McGuire, appellant, failed to
timely file brief and record excerpts.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

Muick
In this previously reported FCI Forrest City case, Inmate Albert
Muick alleged deliberate indifference to his medical needs
becau$e staff required him to work at tasks beyond his physical
capacity. On July 27, 2001, Magistrate Judge H. David Young, in
the Eastern District of Arkansas, issued an order to allow Inmate
Muick to proceed to jury trial. Gwen Hodge, AUSA, Eastern
District of Arkansas, filed an Objection to the Magistrate's
Order. No trial date has been set.
Fairchild
In this FCI Forrest City case, Inmate Phillip Fairchild alleges
his constitutional rights were violated when he was charged
with offense 199, disruptive conduct most like Escape, and
disciplinary sanctions were imposed. On July 27, 2001,
Magistrate Judge H. David Young, in the Eastern District of
Arkansas, issued a final order setting aside the disciplinary

4173

hearing and ordering the BOP to restore all of Inmate Fairchild's
privileges because he felt the only offense conduct of talking
about an escape was insufficient to warrant disciplinary action.
Consideration is being given to filing a Motion for
Reconsideration.

b.

Tort

Cla~

('

settlements

None

c.

Other settlements

None
SIGNIFICANT CASES
FCI EL RENO
FortunatuB Wilcox y. Fleming, CIV-99-0854-T.
Although this case
was decided in favor of the United States at the District Court
level, the case was remanded by the Tenth Circuit on one issue:
whether petitioner validly waived his right to call witnesses at
the disciplinary hearing that formed the basis of this case.
Upon remand, Senior Un~ted States District Judge Ralph Thompson
dismissed the case as moot since Wilcox completed his federal
sentence and was deported.

FMC FORT WORTH
In Todd v. Hawk, 4:98-CV-0556Y, the Fifth Circuit Court of
Appeals affirmed the lower court's ruling in our favor.
Inmate
Todd filed a Bivens complaint alleging exposure to environmental
tobacco smoke and asbestos at FMC Fort Worth.
SIGNIFICANT TORT CLAIMS
None
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS

Oral arguments have been set before th 8 th Circuit in the ~
case for September 12, 2001. This is the FPC Nellis and FCI
Forrest City case involving the Wardens' right to deny visitation
without a due process hearing.
MEDICAL MALPRACTICE

4174

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(

LITIGATION
None
TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
The Dallas CLC has prepared an adverse memorandum in the Reginald
Lee Stafford v. Sam Pratt, Case No. 3-01-CV-003S-M (N.D. Tex).
This previously reported case involves custody classification,
Community Corrections Center (CCC) eligibility, and 3621(e) early
release eligibility. The Court ruled that the BOP acted
arbitrarily and capriciously in speculating that inmate Stafford
was not convicted of the sexual offense as a result of a plea
bargain.
The U. S. Attorney's Office in conjunction with the
Dallas CLC is filing a Motion for Reconsideration on August 13,
2001.

4175

CRIMINAL MATTERS AND PROSECUTIONS

(

FCI BIG SPRING

On May 19, 2001, the Visiting Room Offi~ (6) small
bags of marijuana in the shoe of inmate.............. The inmate
hit the officer's hand in an attempt to get the bags out of his
hands. On July 17, 2001, a two count indictment was returned by
the grand jury in Lubbock, Texas, charging inmate ..............
with 18 U.S.C. § 1791(a) (2) and (b) (3), Providing ~g
Contraband in Prison, and 18 U.S.C. §lll(a) (1), Assault on
Correctional Officer.
On June 7, 2001, a fire destroyed FCI Big Spring's Vocational
.
.
An investigation was conducted.
Inmate"
was indicted
for his role in
cause of the fire.
Inmate
was · indicted on
one count of 18 U. S.C. § 1791(a) (2
Providing or
possessing Contraband in Prison.

r,

~flL/

FMC FORT WORTH

On July 6, 2001, former correctional officer,
...... , pled guilty to 18 U.S.C . § 1791(a) (1), Providing a
~bited Object, to wit, Marijuana, to an Inmate.
Sentencing
is scheduled for October 12, 2001.
FDC HOUSTON

On July 13, 2001,
a former FDC Houston
correctional officer,
to Sexual Abuse of a Ward.
is scheduled for OCLooer 2, 2001. Reportedly,
-.
-.
• "!;
was allowed to return to his previous employm"e nt at a
state correctional facility.
Inmate ~ pled guilty on July 20, 2001, to Conspiracy to
Manufac~~phetamine. In exchange for his plea, the
government agreed to dismiss an obstruction of jMSti count,
wherein the government was asserting that inmate
used an
inmate telephone in an attempt to have an indivi ua ~n the
community prevent a witness from providing testimony relative to
the drug related matter.
USP POLLOCK

Inmate
pled guilty to a charge of escape on July 23,
2001. Sent
is scheduled for August 16, 2001 .
Inmate
. . . . . . . . walked away from the satellite camp on May 14, 2001, and
~rehended two days later in Chicago, Illinois.
FCI TEXARKANA

4176

\.

(

were indicted on
a gang-related assault on
are still
for their

Inmates
July 10, 2001, for the
various inmates on
pending for inmates
roles in the assault.

Inmate
was indicated on July 10, 2001, for
possession of a weapon in a correctional facility.
PERSONAL ISSUES

(

Scheduled Annual/Sick Leave:
- August 13-14 - Annual Leave
- August 27-31 - Annual Leave
Other Scheduled Absences:

- August 13-17 - Prison Litigation
Seminar
South Carolina
- August 13-16 - Training

4177

u.s. Department of Justice
Federal Bureau of Prisons
Dallas, Texas 752 J9

South Central Regional Office

September 17, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - August 2001

I

I

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

RECEIVED

198

175

218

208

238

265

233

240

ANSWERED

122

121

135

150

148

167

206

150

I

SEP

OCT

NOV

DBC

I

TORT CLAIMS
APR' MAY

JON

JUL

AUG

260

252

264

255

72

69

53

82

81

69

61

68

48

82

60

228

248

250

261

257

264

276

0

0

0

0

0

0

0

JAN

FEB

MAR

PENDING

225

227

231 . 239

RBCBIVED

72

49

86

ANSWERED

80

48

PENDING

217
0

OVER SIX MO

I

SBP

OCT

NOV

DBC

FOI/PRIVACY

I

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

PENDING

43

57

45

57

33

35

26

46

RECEIVED

102

56

89

71

80

72

77

71

ANSWERED

95

68

77

95

78

81

57

52

PENDING

57

45

57

33

35

26

46

65

OVER 20 DAYS

3

3

5

1

2

0

1

5

4184

SEP

OCT

NOV

DBC

(

(

I

I

LiTiGATiON
JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

CASES RECD

17

11

21

19

10

10

10

14

CASBS CLOSED

5

5

12

17

12

9

7

14

HABEAS CORPUS

11

4

13

8

3

5

6

6

BIVENS

4

5

4

9

4

1

1

5

FTCA

1

1

3

1

3

3

1

2

OTHER

1

1

1

1

0

1

2

1

LIT REPORTS

12

15

16

19

16

10

9

14

HEARINGS/

1

0

1

2'

0

0

1

1

0

0

0

0

0

2

0

1

SEP

OCT

NOV

DEC

TRXALS

SETTLEMENTS/
AWARDS

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
FCI SEAGOViLLE
Groceman. et al. v. DOJ. et al., 3:01-CV-1619-G (N.D. Tex.).
In
this Bivens action, the plaintiff and his brother, both currently
i

\.

2

4185

designated at Fcr Seagoville, claim that the application of the
DNA testing and reporting procedures mandated under the DNA
Analysis Backlog Elimination Act of 2000 violate their Fourth,
Fifth, and Sixth Amendment rights. They sought both a temporary
restraining order and a permanent injunction barring the
statutorily required testing and reporting. On August 23, 2001,
the court denied the
iffs' motion for a
restraining . order.

(

SIGNIFICANT TORT CLAIMS
Webber:
In this personal injury claim, inmate
alleges that Fcr Big Spring staff have both neg
intentionally denied him offense-specific sex-offender
psychological treatment and have acted in concert to deny him a
transfer and access to the Sex Offender Treatment Program at FCr
Butner. He seeks compensation in the amount of $3,600,000.00 .
(TRT-SCR-2001-06116)
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
Ware.
8 '"' Circuit oral a:rguments. scheduled September 12, 2001, in
St. Louis (FCr Forrest Clty prevlously reported visitation case).

(

MEDICAL MALPRACTICE
LITIGATION
None
TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None

3

4186

I,

TORT CLAIMS

(

None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FMC CARSWELL

On August 3, 2001, a sentencing hearing was held in United States
v. Lori Nelson.
Counsel for the defendant, a presentence inmate
at FMC Carswell, issued a subpoena for testimony of a treating
physician in an attempt to obtain a downward departure for inmate
Nelson. Al Munguia prepared Dr. Ballom, an FMC physician, for
testimony, and attended the hearing.
FDC HOUSTON
On August 7, 2001, Jason Sickler accompanied the Food Service
Administrator from FCI Seagoville, who testified in a federal
criminal matter being tried in the Southern District of Texas.
The staff member, subpoenaed by the defense, provided testimony
regarding FCI Seagoville's purchase history of a meat substitute
product called VitaPro. The case, which involves allegations of
misconduct by Texas Department of Criminal Justice officials and
is related to a matter involving a former governor of Louisiana,
has received considerable coverage by the news media.
CRIMINAL MATTERS AND PROSECUTIONS
FCC BEAUMONT

(MEDIUM)

Christina Hoy Thorne, a former contract teacher, pled guilty to
violating 18 U.S.C. § 2244, Abusive Sexual Contact With A Person
Who Was In Official Detention. On August 9, 2001 she was
4

4187

sentenced to two years probation and a $1,000 fine.
!

FCC BEAUMONT (USP)
Inmate Jesus Duarte pled guilty to violating 18 U. S. C. 1791 (a) (2) ,
Possession of Heroin. On August 20, 2001, he was sentenced to 33
months of imprisonment to be followed by a three-year supervised
release term .
Inmate
entered a guilty plea on August 28, 2001,
in connection
. earlier attempt to introduce a ~d
substance into the institution. Specifically, inmate.........,
mother attempted to provide him with marijuana by plac~ng ~t
inside a chili dog purchased in the institution visiting room.

b'1L

a former staff member who was convicted on March
14, 2001, of Conspiracy to Possess With Intent to Distribute Crack
Cocaine, is scheduled for sentencing on September 6, 2001.
FCI EL RENO
Several prosecutions are going forward regarding a large-scale
conspiracy to introduce drugs into FCI El Reno.
Several
defendants have pled guilty and are cooperating with both the FBI
and DBA. Approximately 11-12 inmates have indicated the
willingness to enter pleas of guilty. Office of the Inspector
General, FBI, and BOP staff continue the investigation.
FCI FORREST CITY
On JUlY~4'
2001
t approximately 9:32 a.m., staff were escorting
Inmate
to the Special Housing Unit when he began
cursing an res~st~ng staff . As staff attempted to regain control
of the inmate, he kicked st~ the Compound Officer in
the right lower leg. Inmate~was placed on the ground
and controlled by staff. He was then lifted and transported to the
Special Housing Unit without further incident . The FBI was
notified and an investigation continues.
FCI OAKDALE
Recreation Specialist, resigned from his position of
following allegations of introduction of contraband.
matter is currently being reviewed by the FBI.

FTC OKLAHOMA CITY

-

--

-

~--

set a mattress on

On August 20, 2001, inmate

5

4188

('.

\

fire in the holdover housing unit. One officer sustained minor
throat irritation secondary to smoke inhalation.
There were no
inmate injuries. The U . S. Attorney's Office has declined to
prosecute the matter for lack of credible testimony.
On July 16, 2001, while screening inmate mail staff discovered
clear packages of a whit~idden inside the flaps of
card addressed to inmate ~ The substance tested
positive for heroine.
The U.S. Attorney's Office has accepted
this matter for prosecution.
USP POLLOCK
On August 17, 2001, satellite camp inmate Lee Roberts pled guilty
to escape and was sentenced to one additional month of
confinement, 36 months supervised release and a $1000 fine.
Additionally, the Court recommended that the inmate be confined
closer to his home.
Two inmate-on-inmate assaults associated with the institution
lock-down of July 28 - August 7, 2001, were referred to the Grant
Parish District Attorney's Office. That office declined
prosecution of both matters, and the Warden concurs with those
determinations.
Efforts to obtain concurrent jurisdiction remain
underway and are currently pending action by the Governor of
Louisiana.
FCI SEAGOVILLE
On August 3, 2001, inmate . . . . . . . . . . . . . . . who is a presentence
inmate in the FCI seagovil~;eived an incident
report after telephone monitoring staff heard an ITS telephone
conversation in which he attempted to coerce his daughter into
smuggling marijuana to him through visitation.
The matter was
eferred
the AUSA in the criminal case in which inmate
is pending sentencing. The AUSA has decided not to
see a · separate indictment for t .
but instead will
request that the judge in inmate
rrent case take
this matter into account in inmate
forthcoming
sentencing.
rnmate lllllllllll appeare
the DHO on August
30 , 2001 and was fou~ committed the prohibited acts of
a ttempted introduction of drugs / drug items and criminal telephone
abuse.

tMil!!

FCI TEXARKANA
Update : Inmate Bernardo Garcia received a 12-month sentence for
his escape from the satellite camp in January 2001.

6

4189

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c)

were indicted on July la, 2001,
assault on various
are still awaiting indictments for
their roles.

(

P'

was indicated on July 10, 2001, for
in a Correctional Facility.
FeI THREE RIVERS

On August 20, 2001, Jorge Guzman-Carmona was sentenced to 18
months of confinement and three years of supervised release, to be
served concurrently with his current sentence, along with a
$100.00 fine and a $100.00 special assessment, for possession of
contraband in prison in violation of 18 U. S.C. § 1791(2).
He had
entered a plea of guilty on June 11, 2001.
PERSONAL ISSUES

.
,

..

• • ... 10

.

- .

".

''-

(
Scheduled Annual/Sick Leave:
- September 10-21

Annual Leave

- September 10-21

Annual Leave &
Military Leave

- September 13 & 14

Military Leave

- September 20 & 21

Annual Leave

Other Scheduled Absences:
- September 11 & 12 - Appellate
Arguments before
Eighth Circui t
Court of Appeals
St . Louis. MO
7

4190

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IT)) [[ c:
If'U1

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' ~ S. Department of Justice

I

F deral Bureau of Prisons

F . ..; Of PRISONS
';~TlON BRANCH

r.

MENORANDUN FOR CHRiSTOPHER ERLEWINE, ~SISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

~~'l lv', ;)'~-A'Harlan W. Penn, Regional Counsel

SUBJECT:

Monthly Report for September 2001
LITIGATION

NEW CASES (Non 3621(e»

c.

Burrell v. BOP, et al (SDC) Complaint contesting custody
classification.
Corbeil v. United States (LOM) FTCA complaint regarding loss of
personal property.
Garrett v. United States (LOM) Inmate filed emergency motion in
Ninth Circuit requesting that he not be transferred.
Howard v. Adams (LOM) Bivens complaint alleging deliberate
indifference.
Kennedy v. Herrera (LOM) Inmate motion to prevent transfer.
Marti v. United States (LOS) Petition for Writ of Habeas Corpus
contesting DHO finding.
Montalvo v. Herrera (LOM) Petition for Writ of Habeas Corpus
seeking to halt transfer.
Sykes v. Herrera (LOM) Petition for Writ of Habeas Corpus
contesting DHO finding.
U.s. v. Zeferino (LOM) Request for Temporary Restraining Order
and Injunction for refusing to take medication.

4201

SXGNXFXCANT DEVELOPMENTS/APPEALS

Bell v. U.S. District Courts, et al (SET) Bivens complaint
complaining of access to SET law library, and other issues,
dismissed without service of process due to improper venue ..

(

Blum & Blum v. Candelaria, et al (PHX) Bivens complaint regarding
parole issues but also naming BOP staff. BOP staff dismissed by
district court and plaintiffs appealed to Ninth Circuit. Circuit
dismissed appealed due to lack of final judgement in case.
Camarena v. Adams (LOM) Petition for Writ of Habeas Corpus
contesting classification matter. Ninth Circuit affirmed lower
court's dismissal of petition.
Cash v. Adams (LOM) Petition for Writ of Habeas Corpus contesting
DHO finding denied.
Castillo v. u.s. (SDC) Complaint alleging deliberate indifference
to injury sustained during USMS arres.t. Hearing on plaintiff's
motion for leave to file amended complaint scheduled for November
9, 2001.
Davis v. Reno (LOM) Complaint relating to cell move and
subsequent incident report dismissed for failure to prosecute.
HelIum v. Herrera, Ortiz-Martinez v. Herrera, U.S. v. Montalvo,
Kennedy v. Herrera, Harden v. Herrera (LOM) Petitions or motions
seeking to prevent transfer dismissed or denied.
House v. Barron (LOM) Petition for Writ of Habeas Corpus
contesting DHO findings dismissed with prejudice.
Longo v. Benov (DUB) Petition seeking 3621(e) eligibility denied
with court holding Lopez controlled and Director's discretion was
proper basis for denial.
Mahler v. United St~tes (SHE) Ninth Circuit heard argument on
September 12 on the discretionary function/qualified immunity
wrongful death case. Plaintiff had appealed the District Court
decision dismissing case on basis of discretionary function.
Mainard v. Fitzpatrick (LOM) Ninth Circuit reversed lower court's
denial of Petition for Writ of Habeas Corpus contesting DHO
findings. Ninth Circuit directed report be expunged, GeT
restored and eligibility for early release be reevaluated.
Tezak v. Pendleton (TCN) Inmate appealed to the Ninth Circuit the
district court's dismissal of his RDAP petition in which he
prayed for early release consideration notwithstanding prior
conviction for threatening a witness.

t'
"\.:

qplinger v. Barron (LOM) Inmate challenge to constitutionality of
testing under DNA Backlog Elimination Act dismissed with leave to
amend.
4202

Vander v. u.s. DOJ (SAF) Oral argument held before the Ninth
Circuit on whether IACA is exclusive remedy for inmate work
injury. AUSA believed oral argument went well.
VanSickle v. Hood (SET) District court granted 3621(e) Petition
for Writ of Habeas Corpus.
Inmate was denied eligibility due to
prior state conviction for assault with a deadly weapon.
Decision to appeal pending.
CRIMINAL CASE TRACKiNG

I

I

Criminal Cases
JAN

FEB

MAR

APR

laY

JON

.roL

AUG

SEP

Referred

15

17

14

25

9

10

29

34

14

Accepted

0

3

2

4

2

1

2

1

0

Declined

12

9

9

16

4

7

18

16

7

Pending
Decision

59

64

38

72

75

77

86

103

110

OCT

NOV

DEC

NEW INFOmA.TION ON ACTIVE PROSECUTiONS
ASSAULT

u.s.

v. Mosqueda-Gonzalez (TCN) Inmate arraignment in case alleging

abusive sexual contact and assault on federal officer delayed
because inmate was transfer to USMCFP for mental health treatment.

u.s. v. Ponce-Hernandez (TCN) Inmate on staff assault trial
continued to October 12, 2001.
u.s. v. Rodriguez-Lopez (SDC) Inmate on staff assault. Defendant
expected to plead guilty but at last minute, asserted "selfdefense". Motions hearing calendered for October 22, 2001.
ESCAPE

u.s. v. DiCarlo (TCN) Inmate escapee from CCC suspected of several
bank robberies in Texas and New Mexico. Escape case dismissed
without prejudice because inmate received life sentence in another
district.
u.s. v. Havier (TCN) Inmate escapee from CCC pled guilty and
sentencing is scheduled for November 15, 2001.
u.s.

v. Little (SET) Inmate escape prosecution.

negotiated in exchange for a 6-12 month sentence.
4203

Guilty plea being

u.s.

v. Nelson (LOS) 1995 FPC Boron escape set for trial October 4,

2001.

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CON'mABAND

u.s.

v. Kumar (LOM) Trial continued to January 14, 2002.

u.s.

u.s.

v. Verwolf (SET) Case stayed pending outcome of trial in
v. Gutierrez.
STATISTICS

I

I

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

laY

JON

JOL

AUG

SEP

98

67

104

65

67

67

34

116

103

I

OCT

NOV

DEC

I

FREEDOM OF INFORMATION/PRIVACY ACT:
JAN

FEB

MAR

APR

laY

JON

JOL

AUG

SEP

RECEIVED

43

35

48

32

51

42

40

49

35

CLOSED

37

30

53

33

49

36

49

47

32

PENDING

38

43

38

37

39

45

36

38

41

30 DAYS

0

1

0

4*

6*

5*

7*

7*

4*

6 KON'l'BS

0

0

0

0

0

0

0

0

0

OCT

NOV

DEC
vI'

APPEALS

.

*Wa~t~ng

5
0
2
4
2
2
0
3
6
for records from Arch1ves, not cons1dered overdue.

I

I

NUMBER OF FOI/PA PENDING:

A'l'W

DOB

LOM

BON

NEL

PBX

SAF

SDC

SET

SHE

TCI

TCN

TRM

VIM

OTHER

0

4

4

0

0

1

1

2

0

1

1

0

0

0

3

LITIGATION:
JAN

FEB

MAR

APR

laY

JON

JUL

AUG

SEP

OPEN AT
BEGINNING
OF MONTH

476

479

473

477

472

474

475

469

482

NEW CASES

11

OCT

NOV

DEC

(
5

14

10

9

RECEIVED

4204

8

4

22

9

[

I

LITIGATION':
HC

8

3

6

8

5

5

2

13

3

F'l'CA

0

0

2

2

0

0

0

1

1

BIVENS

3

2

3

0

1

1

1

3

2

OTHER

0

0

3

0

3

2

1

5

3

CLOSED

8

11

10

15

7

7

10

9

15

PENDING AT
END OF
MONTH

479

473

477

472

474

475

469

482

476

LITIGATION
REPORTS
COMPLE!l'ED

7

8

12

8

8

9

6

10

4

(

ADMINISTRATIVE TORT CLAIMS

c.,

JAN

FEB

MAR

APR

MAY
1

.JON

JUL

AUG

SEP

RECEIVED

40

26

43

40

45

41

39

47

39

CLOSED

45

33

23

28

91

18

30

68

22

RECONSIDER

0

0

0

0

0

0

0

0

0

PENDING

98

91

111

123

98

121

128

107

124

OVER 6
MON'l'HS

0

0

0

0

0

0

0

1

1

OCT

NOV

DBC

Tort Claim Investigations OVer 60 Days:
DUB

LOF

LON

LOS

NEL

PBX

SAF

SDC

SBT

SHE

TCI

TCN

TBM

VIM

TOTAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

Numbers adjusted as of June 1, 2001, by researching Lawpack.

4205