Fbop Scr Quarterly Reports 1997jan-dec

The Habeas Citebook: Prosecutorial Misconduct - Header

Fbop Scr Quarterly Reports 1997jan-dec

• Topics: Court Access, BOP Litigation Reports

Download original document:
Brief thumbnail

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

LfflGATION NARRA TIVES
JANUARY " 1997 - MARCH 31, 1997
SIGNIFICANT CASES
L. J. and Maylene carter, LR-C-95-407 (ED/AR)
In this FTCA action, the plaintiffs sought reimbursement for
sUbsistence fees charged while they were housed in a halfway
house. Their theory was based on the fact that the Judgment and
commitment Order, which did impose fines and restitution,
contained the form language that "The fine includes any costs of
incarceration and/or supervision." On January 21, 1997, the
court ruled that we acted within our authority in collecting the
sUbsistence fees, and that our actions were not in violation of
the J & C. The court also noted that plaintiffs did have a
choice in the matter - if they did not want to pay subsistence,
they could have been housed in a correctional institution, where
no subsistence or costs of incarceration would have been
assessed.
Rolf W. Starke v. John H. Tombone, at al., 396-CV3454-G (ND/TX)
This is a section 1983 case. Plaintiff alleges that the
defendants have conspired under the color of state law to violate
his First, Fifth, Sixth, Eighth, and Fourteenth amendment rights.
Specifically, plaintiff states that his health has suffered as a
result of inhaling secondary smoke from cigarettes, cigars, and
pipe tobacco products. He only asks for judgment against the
defendants. He does not request any monetary damages.
Kenneth Lee stewart v. John Tombone, Warden, 397-CV0129-R and
Talford H. Royal v. John Tombone, Warden, 397-CV0182-H (ND/TX)
Basically, this is a 3621(e) appeal. There's a little bit of a
different twist in these cases versus the normal 3621(e) cases.
Petitioners are not challenging the fact that the Bureau of
Prisons has classified their crime as a "crime of violence".
Rather, they contend that the Bureau of Prisons entered into a
"contractual" agreement with them which stated "that if they
completed the 500 hour DAP Program, they would receive a year off
their sentence. They state that they were granted the one year
off, but when the new program statement concerning crimes of
violence was issued, staff at FCI Seagoville found them
ineligible for early release. They contend that the Bureau's
denial of the year off creates a state created liberty interest.
wilson Harrell v. Kathleen Hawks, 97-0048-A (WO/OK)
The Bivens case recently filed by inmate Harrell is based on the
Ensign Amendment. Harrell is alleging his counselors, the unit

manager, the ISM, Warden, Mr. Cooksey, and the Director of the
BOP, conspired to deprive him of his 1st, 4th, 5th, 9th, and 14th
amendment rights. Harrell is seeking $1,000,500.00 in damages,
an injunction, and attorney fees. Harrell has not exhausted his
administrative remedies.
Donald Bo1mes v. s. W. Phelps. et al., 5:96CV225 (ED/TX)
The plaintiff alleges harassment, discrimination, and verbal and
physical abuse by FCI Texarkana staff.

CASES WlTll HEARING OR TRIAL
Hoot v.

Gi~son,

A-96-CA-390 (WD/TX)

On January 28, 1997, Judge Sparks held a hearing to consider the
petitioner's request for DAP credit for seven weeks spent in nonDAP bed as the result of mutual error of staff and petitioner.
The Central Office's position that the petitioner had not met the
statutory requirement of 180 days in a DAP bed was articulated by
Dr. J. Jones, DAP Administrator, SCRO. The Court ruled that the
equities of the case were in the petitioner's favor, and entered
judgment orally in favor of the Petitioner.
Gerald Esposito v. George E. Killinger. at al., 4:96-CV-927-Y
ND/TX
A hearing was held on January 31, 1997, on a pending TRO on
.ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled. The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
Noel Edward Plunkett v. Joe Gun;a. et al., C-96-548 (SD/TX)
Bivens case. Reported in February. Evidentiary hearing held on
March 7, 1990. No ruling as of this time.
Dennis O'Neal McAnnich v. Frank Woods. at ale
Bivens case.

Spears hearing held on March 25, 1997.

united states v. Rash. Mansour, 4:97-CV-079-Y (ND/TX)
A commitment hearing for hospitalization was held at FMC Carswell
on March 12, 1997, pursuant to 18 USC 4245. Ms. Mansour was
committed to our inpatient unit.

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

CASE WITH SETrLEMENT OR AWARD

Maria Ramos v. U.S.A., civil Action No. EP-94-CA-342-MC (ND/TX)
Adverse judgment rendered by magistrate. Action brought by the
mother and daughter of a former inmate at FPC La Tuna. The
daughter has cerebral palsy and cannot walk, talk, or breathe
without assistance.
In October 1993, when the family went to
visit inmate Juan Ramos, there was no handicapped ramp to access
the visiting area. The Warden allowed Mrs. Ramos, because she
was a frequent visitor, to use the loading ramp around the side
of the building. Because a government vehicle was blocking the
ramp, Mrs. Ramos wheeled her daughter along the roadway. The
roadway contained concrete splatters and was bumpy. Ramos' chair
hit one of the concrete bumps, and Ramos became dislodged from
her wheelchair. She sustained almost no physical injuries. The
Court awarded $30.00 in actual damages, and $5,970.00 in pain and
suffering (Total judgment $6,000.00). BOP and u.S. Attorney's
Office have agreed to not appeal this case.

SIGNIFICANT TORT CLAIMS
Inmate Marsha BUCHANON, Register Number 19548-001 - Former inmate
at FMC Carswell has submitted an administrative claim (T-SCR-9720), alleging that while she was being x-rayed on January 17,
1995, the x-ray machine malfunQtioned and she sustained burns to
both of her eyes.
She claims that the examination revealed she
had sustained flash burns and had photophobia/photo sensitivity.
She is seeking three hundred thousand dollars ($300,000.00) in
damages. A review of the medical documents she attached to her
claim indicates that on January 17, 1995, a physician at FMC
Carswell noted in her medical chart that she had photophobia
secondary to flash in her eyes.
AGERTON, Dr. William D. (Civilian) - (T-SCR-96-472) Dr. Agerton
alleges that he was employed by EMCare to provide medical
services to health care providers, such as the Federal Medical
Center in Fort Worth, Texas, and on May 16, 1996, Dr. John Barry
(Clinical Director) refused to allow him to provide medical care
at FMC Fort Worth. Dr. Agerton alleges that he has sustained
loss of pay and restriction of hospital privileges.

4
The South Central Regional Health Services Administrator has
indicated that the contract was with EMCare and not with any
individual. It is not clear at this time why Dr. Agerton was
denied access to FMC Fort Worth; however, the claim is currently
being investigated by staff at Fort Worth. Dr. Agerton is
seeking $100,000.00 in damages.
BOSTIC, Billye E., Register Number 62285-080 has filed an
administrative claim (T-SCR-97-53) because the Bureau of
Prisons imposed a cost of incarceration fee. He alleges that
after he refused to pay $21,352.00 per year, he was placed on
refusal status until he paroled on June 3, 1996. He contends
that he lost early parole consideration, halfway house placement,
pay for six months, social security pay for three months, three
months of earnings, work privileges, dormitory privileges, and
purchase privileges.
Mr. Bostic has attached a Memorandum and opinion (Billye E.
Bostic v. Joe Aguirre, Warden, 'EP-96-CA-139-DB) by united States
District Judge David Briones, in which Mr. Bostic's Habeas was
granted. Judge Briones stated that the "Bureau of Prisons shall
not collect cost of incarceration fees" because Mr. Bostic's
sentence did not meet all three prongs of 28 C.F.R. § 50~.1.
In
addition, there is documentation attached to Mr. Bostic's claim
that indicates that the Bureau of Prisons continued to hold him
accountable for the cost after Judge Briones issued the order on
April 30, 1996.
ROBERTSON, Vernon Ray, Register Number 17017-057 has filed an
administrative tort claim alleging that on December 16, 1996, he
was violently assaulted by a State of Oklahoma inmate while they
were housed at FTC Oklahoma City. Mr. Robertson contends that he
was beaten and stabbed with a broom handle. He also states that
the inmate had a history of violence and that BOP staff failed to
provide adequate protection. He seeks $300,000.00 in damages.
(T-BOP-97-015)
GADSON, Floyd, Register Number 09390-058 - Mr. Gadson contends on
June 13, 1996, he requested medication for his diabetes. He
states that he was refused treatment and was issued an incident
report. He contends that as a result of the denied medical
care, he developed a diabetic ulcer on his foot, which burst open
and has caused him a significant amount of pain.
Mr. Gadson requests $4,500,000.00 for emotional distress and
permanent physical injury.
(T-SCR-97-44)
CARTER, Norma J., Register Number 21603-034 - Harry T. Winmann,
3850 N. Causeway Boulevard, Number 590, Metairie, Louisiana, has
filed a claim (T-SCR-97-28) on behalf of Norma J. Carter.
Ms. Carter alleges that medical staff at FPC Bryan denied timely
surgical 'care for a pilonidal abscess and that she ultimately had

SIGNIFICANT ADMlNlSTRATWE REMEDIES

Fort Worth received and responded to Administrative Remedy
#128997-F1, in which Wali Muhammed, Reg. No. 19148-009, alleged
Nation of Islam were denied access to an additional meeting time
and their yearly ceremonial meal. There was no validity
to the allegations.
Administrative Remedy 130071-F1, Inmate Freeman, requests to
display a "dream catcher". He alleges this is an American Indian
religious belief. Information received indicates the BOP does
not recognize this as a religious item although some institutions
allow it. Texarkana denied the inmate's request.
Our office has not received a regional appeal regarding this
issue. The, inmate has until April 17, 1997 to file an appeal.
Inmate Wayne Matra, at FCI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-F1, the inmate 'alleges
discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious item
in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.
Inmate Baxendale filed Administrative Remedy 125535-F1, alleging
that the BOP misinterpreted the Ensign Amendment. He
specifically requested to continue receipt of "Playboy".
ENSIGN AMENDMENT:
LITIGATION

See Harrell v. Hawkins under significant cases.
TORTS

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

to undergo a colostomy. Ms. Carter is a diabetic and contends
that she is susceptible to wound infection. She is seeking
$500,000.00 in damages.
COLLINS, Clyde, Register Number 16940-009 - (T-SCR-97-64) The
family of deceased inmate has filed a claim for the death of Mr.
Collins. Al Weisenberger, an attorney in El Paso, has submitted
the claim, but there is no authorization from Mrs. Collins or any
of Mr. Collins' six children authorizing Mr. Weisenberger to
represent them in a wrongful death claim against the government.
Mr. Collins died from a heart attack" while playing softball at
FPC El Paso on July 17, 1996. The Collins family contends that
the Bureau of Prisons did not provide adequate treatment for
Mr. Collins abnormal EKG in March 1995, nor was the annual
physical conduct in March 1996. The family also states that
staff failed to perform CPR within a reasonable time, prohibited
another inmate "who was trained in CPR" to perform CPR, and did
not timely summons an ambulance. The claimants seek
$15,000,000.00 in damages ($5,000,000 for personal injury and
$10,000,000.00 for wrongful death).
PETERSEN, -Justin, Register Number 98535-012 - Mr. Petersen
contends that during transfer between MDC Los Angeles and FCI
Bastrop his prosthetic socks were lost, that because staff did
not replace the socks he has suffered a breakdown of the skin on
his amputated stump, that FCI Bastrop is not adequately equipped
to house disabled inmates, that while he was housed there he
slipped and hit his head on his locker, and that the shower bar
broke and he fell causing a bruise to his hand. Mr. Petersen
complains that he was transferred to USFMCP springfield for
treatment, but because he only had 5 months remaining to be
served, staff would not consider making any significant repairs
to his prosthetic device. He seeks $900 for temporary repair of
his prosthesis, $18,000 for replacement of his prothesis and
$15,000 for personal injury. (T-NCR-97-150). Investigation
pending.
FANTROY, Richard, Register Number 27764-077, alleges during June
199b at FMC Fort Worth, he was given incorrect medication for his
medical condition. The claim is in the amount of $500,000.
(T-SCR-97-47). Investigation pending.
TELFAIR,Milton, Register Number 59903-080, has filed a claim
concerning his medical treatment at FCI Oakdale. He is confined
to a wheelchair and suffers from recurrent anal fissures. He
underwent a hemorrhoidectomy and anal fissurectomy, but feels
additional treatment should have been provided. He is currently
incarcerated at FMC Fort Worth. (T-SCR-97-25). Investigation
pending.

l Lee
I

HUM , He:

MXR

M'C

NZR I

I BiV

HeR

WXR

118

Ten

V\'P.·xw.

a.a£~.%.

I
~

,
i

i
t

I
I

, 22

I
I

1
I

\ Awe I

' 211

I
I

I HIT ! SET

c:..n

10TH! ANS I PEN I

NARRATIVE A'rI'ACHED ON SEPARATE PAPER

Q.,UhXAR
LOC-!I'C'U%OII
lI'DII - IU·U· ~ ~ t.an1lr.N 7%UD Ilf QUUlf••

Ba ~ft!

n... a. .'t"

.atl1'

Bn -

an - 01
aD -

a. .,.... caa»a8 ~
.aut'm.. I'IUD
o.
aanoa I'UZD

Fe &GftDD ·rZzaD
• I'U
!.%ftllU%Gll UIIOaN CCIDI.I'DD

DJI - HI. 11M

ACt=--

CI.D - ....... OJI
cmalDlD
B/'! - _. ._ O~ gaWI.. oa D t ' Y

.'.1.

In - .,•••• 01'

MID -

~%~D

. . . . . . CD fta&

Qa'.'n·w

(um.mm

cuouam

P-."rvz,

III DJI."~n8'

%DO nr
O~ aDD8 (~ %DO m DD''I'%VBJ
lefta. UD DaD OJ' ACftI%CJI - (IJICLUDZ Dr DBJIA'!%VZ'

.8H,,·n ••

· Tort Claims Second Quarter - FY97 (January 01, 1997 - March 31, 1997)
II

Loc

" ';CR

I Num

112

PP
68

PPPI

Med

WD
2

Set
11

Amnt
698

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

Den

158

OD
0

A/O

A/P

120

Time Period

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

Pen

=< D Accept <= 03/31/97
=< D-Accept <= 03/31/97
=< D-Accept <= 03/31/97
=< D-Accept <= 03/31/97
=< D Accept <= 03/31/97
=< D-Accept <= 03/31/97
=< D-Closed <= 03/31/97
=< D-Closed <= 03/31/97
Entire Database ~~
~~
01/01/97 =< D Closed <= 03/31/97
~~
Entire Database ~~
01/01/97 =< D Closed <= 03/31/97
01/01/97 =< D-Closed <= 03/31/97
~ WD = WD+ PPWD

01/01/97
01/01/97
01/01/97
01/01/97
01/01/97
01/01/97
01/01/97
01/01/97

Press any key to continue

SCRO SECOND QUARTERLY REPORT FY'97
(RECEIVED VIA GROUPWISE ON 4/21/97)
LITIGATION NARRATIVES
JANUARY 1, 1997 - MARCH 31, 1997
SIGNIFICANT CASES
Lt Jt and Maylene Carter,

LR-C-9S-407 (ED/AR)

In this FTCA action, the plaintiffs .sought reimbursement for
subsistence fees charged while they were housed in a halfway
house.
Their theory was based on the fact that the Judgment and
Commitment Order, which did impose fines and restitution,
contained the form language that "The fine includes any costs of
incarceration and/or supervision." On January 21, 1997, .the
court ruled that we 'acted within our authority in collecting the
subsistence fees, and that our actions were not in violation of
the J & C.
The court also noted that plaintiffs did have a
choice in the matter - if they did not want to pay subsistence,
they could have been housed in a correctional institution, where
no subsistence or costs of incarceration would have been
assessed.

Daniel Schmaus

L. Conner, 6:96CV1023

(ED/TX)

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

Eddie Wayne Roberson v. Warden, S:96CV216 (ED/TX)
In this Habeas action, the inmate alleges the Warden refuses to
give jail time credit for time he spent in state custody under
federal detainer.

Rolf W. Starke v. John M. Tambone. et al., 396-CV34S4-G (ND/TX)
This is a Section 1983 case.
Plaintiff alleges that the
defendants have conspired under the color of state law to violate
his First, Fifth, Sixth, Eighth, and Fourteenth amendment rights.
Specifically, plaintiff states that his health has suffered as a
result of inhaling secondary smoke from cigarettes, cigars, and
pipe tobacco products. He only asks for judgment against the
defendants. He does not request any monetary damages.

Kenneth Lee Stewart v. John Tombone. Warden, 397-CV0129-R and
Talford H. Royal v. John Tgmbone. Warden, 397-CV0182-H (ND/TX)

Basically, this is a 3621{e) appeal. There's a little bit of a
different twist in these cases versus the normal 3621{e) cases.
Petitioners are not challenging the fact that the Bureau of
Prisons has classified their crime as a "crime of violence".
Rather, they contend that the Bureau of Prisons entered into a
"contractual" agreement with them which stated that if they
completed the 500 hour DAPS Program, they would receive a year
off their sentence. They state that they were granted the one
year off, but when the new program statement concerning crimes of
violence was issued, staff at FCI Seagoville found them
ineligible for early release. They contend that the Bureau's
denial of the year off creates a state created liberty interest.
Wilson Harrell v. Kathleen Hawks, 97-0048-A (WO/OK)

The Bivens case recently filed by inmate Harrell is based on the
Ensign Amendment. Harrell is alleging his counselors, the unit
manager, the ISM, Warden, Mr. Cooksey, and the Director of the
BOP, conspired to deprive him of his 1st, 4th, 5th, 9th, and 14th
amendment rights. Harrell is seeking $1,000,500.00 in damages,
an injunction, and attorney fees. A Martinez report is due in
March'. . Harrell has not exhausted his administrative remedies.
Donald Holmes v. S. W. Phelps. et al., 5:96CV225 (ED/TX)

The plaintiff alleges harassment, discrimination, and verbal and
physical abuse by FCI Texarkana staff.
Wells v. Garbow, EP-97-CA-029-DB (WD/TX)
An inmate at FCI La Tuna was removed from the ICC program at

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

3
CASES WITH HEARING OR TRIAL
Hoot v. Gibson, A-96-CA-390 (WD/TX)
On January 28, 1997, Judge Sparks held a hearing to consider the
petitioner's request for DAP credit for seven weeks spent in
non-DAP bed as the result of mutual error of staff and
petitioner. The Central,Office's position that the petitioner
had not met the statutory requirement of 180 days in a DAP bed
was articulated by Dr. J. Jones, DAP Administrator, SCRO.
The
Court ruled that the equities of the case were in the
petitioner's favor, and entered judgment orally in favor of the
Petitioner.
Gerald Esposito v. George E. Killinger. et al., 4:96-CV-927-Y
ND/TX
A hearing was held on January 31, 1997, on a pending TRO on
ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled. The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
Noel Edward Plunkett v. Joe Gunja. et al., C-96-548

(SD/TX)

Bivens case. Reported in February. Evidenti~ry hearing held on
March 7, 1990. No ruling as of this time.
Dennis O'Neal MCAnnich v. Frank Woods. et al.
Bivens case.

Spears hearing held on March 25, 1997.

United States v. Rasha Mansour, 4:97-CV-079-Y (ND/TX)
A commitment hearing for hospitalization was held at FMC Carswell
on March 12, 1997, pursuant to 18 USC 4245.
Ms. Mansour was committed to our inpatient unit.
Spanjol V. USA
A trial was held in Sherman, Texas on March 12-13, 1997. The
judge ordered both parties to submit their closing briefs within
10 days.
Ruth Yeager, Deputy Civil Chiefs, feels very optimistic
of our chances of prevailing.

4
CASE WITH SETTLEMENT OR AWARD
Maria Ramos v. U.S.A., Civil Action No. EP-94-CA-342-MC (ND/TX)
Adverse judgment rendered by magistrate. Action brought by the
mother and daughter of a former inmate at FPC La Tuna.
The
daughter has cerebral palsy and cannot walk, talk, or breathe
without assistance.
In October 1993, when the family went to
visit inmate Juan Ramos, there was no handicapped ramp to access
the visiting area.
The Warden allowed Mrs. Ramos, because she
was a frequent visitor, to use the loading ramp around the side
of the building. Because a government vehicle was blocking the
ramp, Mrs. Ramos wheeled her daughter along the roadway.
The
roadway contained concrete splatter and was bumpy.
Ramos' chair
hit one of the concrete bumps, and Ramos became dislodged from
her wheelchair.
She sustained almost no physical injuries.
The
Court awarded $30.00 in actual damages, and $5,970.00 in pain and
. suffering (Total judgment $6,000.00). BOP and u.S. Attorney's
Office have agreed to not appeal this case.
SIGNIFICANT TORT CLAIMS
Inmate Marsha BUCHANON, Register Number 19548-001 - Former inmate
at FMC Carswell has submitted an administrative claim (T-SCR-97.20), alleging that while she was being x-rayed on January 17,
1995, the x-ray machine malfunctioned and she sustained burns to
both of her eyes. She claims that the examination revealed she
had sustained flash burns and had photophobia/photo sensitivity.
She is seeking three hundred thousand dollars ($300,000.00) in
damages.
A review of the medical documents she attached to her claim
indicates that on January 17, 1995, a physician at FMC Carswell
noted in her medical chart that she had photophobia secondary to
flash in her eyes.
AGERTON, Dr. William D. (Civilian) - (T-SCR-96-472) Dr. Agerton
alleges that he was employed by EMCare to provide medical
services to health care providers, such as the Federal Medical
Center in Fort Worth, Texas, and on May 16, 1996, Dr. John Barry
(Clinical Director) refused to allow him to provide medical care
at FMC Fort Worth.
Dr. Agerton alleges that he has sustained
loss of pay and restriction of hospital privileges.
The South Central Regional Health Services Administrator has
indicated that the contract was with EMCare and not with any
individual.
It is not clear at this time why Dr. Agerton was
denied access to FMC Fort Worth; however, the claim is currently

being investigated by staff at Fort Worth.
Dr. Agerton is seeking $100,000.00 in damages.
BOSTIC, Billye E., Register Number 62285-080 has filed an
administrative claim (T-SCR-97-53) because the Bureau of
Pri~ons imposed a cost of incarceration fee.
He alleges that
after he refused to pay $21,352.00 per year, he was placed on
refusal status until he paroled on June 3, 1996. He contends
that he lost early parole consideration, halfway house placement,
pay for six months, social security pay for three months, three
months of earnings, work privileges, dormitory privileges, and
purchase privileges.
Mr. Bostic has attached a Memorandum and Opinion (Billye E.
Bostic v. Joe Aguirre, Warden, EP-96-CA-139-DB) by United States
District Judge David Briones, in which Mr. Bostic's Habeas was
granted. Judge Briones stated that the "Bureau of Prison~ shall
not collect cost of incarceration fees" because Mr. Bostic's
sentence did not meet all three prongs of
28 C.F.R. § 505.1.
In addition, there is documentation attached
to Mr. Bostic's claim that indicates that the Bureau of Prisons
continued to hold him accountable for the cost after Judge
Briones issued the order on April 30, 1996.
ROBERTSON, Vernon Ray, Register Number 17017-057 has filed an
administrative tort claim alleging that on December 16, 1996, he
was violently assaulted by a State of Oklahoma inmate while they
were housed at FTC Oklahoma City. Mr. Robertson contends that he
was beaten and stabbed with a broom handle. He also states that
the inmate had a history of violence and that BOP staff failed to
provide adequate protection. He seeks $300,000.00 in damages.
(T-BOP-97-015)
MEDICAL

filed a claim (T-SCR-97-28) on behalf of Norma J. Carter. Ms.
Carter alleges that medical staff at FPC Bryan denied timely
surgical care for a pilonidal abscess and that she ultimately had
to undergo a colostomy. Ms. Carter is a diabetic and contends
that she is susceptible to wound infection. She is seeking
$500,000.00 in damages.
COLLINS, Clyde, Register Number 16940-009 - (T-SCR-97-64) The
family of deceased inmate has filed a claim for the death of Mr.
Collins. Al Weisenberger, an attorney in EI Paso, has submitted
the claim, but there is no authorization from
Mrs. Collins or any of Mr. Collins' six children authorizing
Mr. Weisenberger to represent them in a wrongful death claim
against the government.
Mr. Collins died from a heart attack while playing softball at
FPC EI Paso on July·17, 1996. The Collins family contends that
the Bureau of Prisons did not provide adequate treatment for Mr.
Collins abnormal EKG in March 1995, nor was the annual physical
conduct in March 1996. The family also states that staff failed
to perform CPR within a reasonable time, prohibited another
inmate "who was trained in CPR" to perform CPR, and did.not
timely summons an amb~lance. The claimants seek $15,000,000.00 in
damages ($5,000,000 for personal injury and $10,000,000.00 for
wrongful death) .
MEDICAL/ADA CLAIM

PETERSEN, Justin, Register Number 98535-012 - Mr. Petersen
contends that during transfer between MDC Los Angeles and Fcr
Bastrop his prosthetic socks were lost, that because staff did
not replace the socks he has suffered a breakdown of the skin on
his amputated stump, that Fcr Bastrop is not adequately equipped
to house disabled inmates, that while he was housed there he
slipped and hit his head on his locker, and that the shower bar
broke and he fell causing a bruise to his hand.
Mr. Petersen complains that he was transferred to USFMCP
Springfield for treatment, but because he only had 5 months
remaining to be served, staff would not consider making any
significant repairs to his prosthetic device. He seeks $900 for
temporary repair of his prosthesis, $18,000 for replacement of
his prothesis and $15,000 for personal injury. (T-NCR-97-150).
Investigation pending.
REYNOSO-OLASCAGO, Jose, Register Number 64714-079 Mr. Reynoso-Olascago alleges that while he was walking on the
track at FCI Big Spring, he was hit in the face by a bat that had

slipped out of a softball player's hands. He was transported to
a local community hospital for treatment, he later underwent
surgery to repair his fractured jaw. He claims that BOP staff
negligently allowed him to walk around the track while a game was
in progress. He seeks $10,000,000.00 in damages. (T-SCR-96-430).
No liability concerns.
FANTROY, Richard, Register Number 27764-077, alleges during June
1996 at FMC Fort Worth, he was given incorrect medication for his
medical condition. The claim is in the amount of $500,000.
(TSCR-97-47).
Investigation pending.
TELFAIR, Milton, Register Number 59903-080, has filed a claim
concerning his medical treatment at FCI Oakdale. He is confined
to a wheelchair and suffers from recurrent anal
fissures.
He underwent a hemorrhoidectomy and anal fissurectomy,
but feels additional treatment should have been provided. He is
currently incarcerated at FMC Fort Worth.
(T-SCR-97-25).
Investigation pending.
SIGNIFICANT ADMINISTRATIVE REMEDIES

Fort Worth received and responded to Administrative Remedy
#128997~Fl, in which Wali Muhammed, Reg. No. 19148-009, alleged
Nation of Islam were denied access to an additional meeting time
and their yearly ceremonial meal. There was no validity
to the allegations.
Administrative Remedy 130071-Fl, Inmate Freeman, requests to
display a "dream catcher". He alleges this is an American Indian
religious belief.
Information received indicates the BOP does
not recognize this as a religious item although some institutions
allow it. Texarkana denied the inmate's request.
Our office has not received a regional appeal regarding this
issue, the inmate has until April 17, 1997 to file an appeal.
Inmate Wayne Matra, at FCI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-Fl, the inmate alleges
discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious item
in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.
Inmate Baxendale filed Administrative Remedy 125535-Fl, alleging
that the BOP misinterpreted the Ensign Amendment. He
specifically requested to continue receipt of "Playboy".

MEDICAL MALPRACTICE:
LITIGATION
Caesar Morales-Morales v. Norris Knight. et al., 597CV0023
.(ND/TX)

In this action, the plaintiff names a contract physician,
contract clinic, contract hospital, retired BOP physician and
current physician. The plaintiff asserts he fell on his arm,
surgery was performed, and that despite the surgery he still has
problems. He asserts improper and inadequate treatment due to
deliberate indifference. There is no show cause order in this
matter; thus, research for a litigation report has not yet
occurred.
James Watson Ramsey v. USA. et al., 3:96-CV-3358-G (ND/TX)

This FMC Fort Worth case involves 12 named defendants. The
inmate claims he was subjected to cruel and unusual punishment
through denial and delay of medical care of his burns. Based on
a preliminary assessment, there does not appear to be any
liability on the part of staff. Mr. Ramsey's complaint appears
to be frivolous pursuant to the PLRA.
Carter v. FMC Medical Review Board. et al.,

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

4~96-CV-690-A

(ND/TX)

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

TORTS (FTCA)

Inmate Norma CARTER, asserts government negligence regarding
timely provision of surgical care for a pilonidal abscess at
outside hospital by staff at FPC Bryan, resulting in extensive
parasacral infection.
Preliminary investigation reveals no
evidence of delay or inappropriate treatment by FPC Bryan staff.
CANIPE, Terry, Register Number 60647-080 (T-BOP-96-159)- Inmate
alleges that during the morning hours of July 30, 1994, while he
was incarcerated at FCI Bastrop, he was attacked by other inmates
during an institution lockdown. He claims that he sustained a
broken finger and "other injuries." Mr. Canipe contends that he
did not seek immediate medical attention because he had'been

warned by other inmates not to give any information about how he
sustained the injuries.
At approximately 6:00 p.m., Mr. Canipe reported to institution
staff that he had slipped on some stairs and had fallen down.
Medical staff examined Mr. Canipe and requested x-rays of his
hand and face.
On August 2, 1994, the x-ray revealed that he had
suffered a broken finger, and approximately ten days later, he
was examined by a contract orthopedic physician who noted a
partial ligament rupture on the splinted finger.
The inmate
was instructed to initiate range of motion exercises. On August
11, 1994, an x-ray revealed a dislocation involving the joint of
the right ring finger.
Surgery was later performed by a contract
surgeon, and Mr. Canipe was referred to Springfield. Mr. Canipe
is seeking one million dollars in damages.

ENSJ:GN AMENDMENT:
LJ:TJ:GATJ:ON
FCI El Reno.
Harrell v. Hawkins.
Inmate asserts that
return of publication pursuant to Ensign Amendment violates
his constitutional rights.

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

SCRO SECOND QUARTERLY REPORT FY'97
(RECEIVED VIA GROUPWISE ON 4/21/97)

LITIGATION NARRATIVES
JANUARY 1, 1997 - MARCH 31, 1997

SIGNIFICANT CASES
L. J. and Maylene Carter, LR-C-9S-407 (ED/AR)
In this FTCA action, the plaintiffs sought reimbursement for
subsistence fees charged while they were housed in a halfway
house. Their theory was based on the fact that the Judgment and
Commitment Order, which did impose fines and restitution,
contained the form language that "The fine includes any cO'sts of
incarceration and/or supervision." On January 21, 1997, the
court ruled that we acted within our authority in collecting the
subsistence fees, and that our actions were not in violation of
the J & C. The court also noted that plaintiffs did have a
choice in the matter - if they did not want to pay subsistence,
they could have been housed in a correctional institution, where
no subsistence or costs of incarceration would have been
assessed.
Daniel Schmaus v. N. L. Conner, 6:96CV1023 (ED/TX)
In this Habeas action, the inmate alleges his third revoked term
of Special Parole had expired and the U.S. Parole Commission had
determined his "sentence had expired". He alleges the Bureau of
Prisons refuses to release him.
Eddie Wayne Roberson v. Warden, S:96CV216 (ED/TX)
In this Habeas action, the inmate alleges the Warden refuses to
give jail time credit for time he spent in state custody under
federal detainer.
Rolf W. Starke v. John M. Tombone. et al., 396-CV34S4-G (ND/TX)
This is a Section 1983 case.
Plaintiff alleges that the
defendants have conspired under the color of state law to violate
his First, Fifth, Sixth, Eighth, and Fourteenth amendment rights.
Specifically, plaintiff states that his health has suffered as a

result of inhaling secondary smoke from cigarettes, cigars, and
pipe tobacco products. He only asks for judgment against the
defendants. He does not request any monetary damages.

Kenneth Lee Stewart v. John Tombone. Warden, 397-CV0129-R and
Talford H. Royal v. John Tombone. Warden, 397-CV0182-H (ND/TX)
Basically, this is a 3621(e) appeal. There's a little bit of a
different twist in these cases versus the normal 3621(e) cases.
Petitioners are not challenging the fact that the Bureau of
Prisons has classified their crime as a "crime of violence".
Rather, they contend that the Bureau of Prisons entered into a
II contractual II
agreement with them which stated that if they
completed the SOO hour DAPS Program, they would receive a year
off their sentence. They state that they were granted the one
year off, but when the new program statement concerning crimes of
violence was issued, staff at FCI Seagoville found them
ineligible for early release. They contend that the Bureau's
denial of the year off creates a state created liberty interest.
Wilson Harrell v. Kathleen Hawks, 97-0048-A (WD/OK)
The Bivens case recently filed by inmate Harrell is based on the
Ensign Amendment. Harrell is alleging his counselors, the unit
manager, the ISM, Warden, Mr. Cooksey, and the Director of the
BOP, conspired to deprive him of his 1st, 4th, Sth, 9th, and 14th
amendment rights.
Harrell is seeking $l,OOO,SOO.OO in damages,
an injunction, and attorney fees. A Martinez report is due in
March. Harrell has not exhausted his administrative remedies.
Donald Holmes v. S. W. Phelps. et al., S:96CV22S (ED/TX)
The plaintiff alleges harassment, discrimination, and verbal and
physical abuse by FCI Texarkana staff.
Wells v. Garbow, EP-97-CA-029-DB (WD/TX)

An inmate at FCI La Tuna was removed from the ICC program at
Lewisburg for having a two point enhancement for firearms.
However, after his removal, the inmate had his sentence clarified
to state he did not use firearms. Moreover, a Post-Sentence
Investigation was prepared that did not give him a two point
enhancement for firearms.
However, the inmate was never returned
to the ICC.
The inmate agreed to dismiss the action in return

·for accelerated CCC placement within policy and home confinement
when eligible.

CASES WITH HEARING OR TRIAL
Hoot v. Gibson, A-96-CA-390 (WD/TX)
On January 28, 1997, Judge Sparks held a hearing to consider the
petitioner's request for DAP credit for seven weeks spent in
non-DAP bed as the result of mutual error of staff and
petitioner. The Central Office's position that the petitioner
had not met the statutory requirement of 180 days in a DAP bed
was articulated by Dr. J. Jones, DAP Administrator, SCRO. The
Court ruled that the equities of the case were in the
petitioner's favor, and entered judgment orally in favor of the
Petitioner.
Gerald Esposito v. George E. Killinger. et al., 4:96-CV-927-Y
ND/TX
A hearing was held on January 31, 1997, on a pending TRO on
ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled. The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
Noel Edward Plunkett v. Joe Gunja. et al., C-96-548 (SD/TX)
Bivens case. Reported in February. Evidentiary hearing held on
March 7, 1990. No ruling as of this time.
Dennis O'Neal MCAnnich v. Frank Woods. et al.
Bivens case.

Spears hearing held on March 25, 1997.

United States v. Rasha Mansour, 4:97-CV-079-Y (ND/TX)
A commitment hearing for hospitalization was held at FMC Carswell
on March 12, 1997, pursuant "to 18 USC 4245.

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

CASE WITH SETTLEMENT OR AWARD
Maria Ramos v. U.S.A., Civil Action No. EP-94-CA-342-MC (ND/TX)
Adverse judgment rendered by magistrate. Action brought by the
mother and daughter of a former inmate at FPC La Tuna.
The
daughter has cerebral palsy and cannot walk, talk, or breathe
without assistance.
In October 1993, when the family went to
visit inmate Juan Ramos, there was no handicapped ramp to access
the visiting area.
The Warden allowed Mrs. Ramos, because she
was a frequent visitor, to use the loading ramp around the side
of the building. Because a government vehicle was blocking the
ramp, Mrs. Ramos wheeled her daughter along the roadway.
The
roadway contained concrete splatter and was bumpy.
Ramos' chair
hit one of the concrete bumps, and Ramos became dislodged from
her wheelchair.
She sustained almost no physical injuries.
The
Court awarded $30.00 in actual damages, and $5,970.00 in pain and
suffering (Total judgment $6,000.00). BOP and u.S. Attorney's
Office have agreed to not appeal this case.

SIGNIFICANT TORT CLAIMS
Inmate Marsha BUCHANON, Register Number 19548-001 - Former inmate
at FMC Carswell has submitted an administrative claim
(T-SCR-97-20), alleging that while she was being x-rayed on
January 17, 1995, the x-ray machine malfunctioned and she
sustained burns to both of her eyes. She claims that the
examination revealed she had sustained flash burns and had
photophobia/photo sensitivity. She is seeking three hundred
thousand dollars ($300,000.00) in damages.
A review of the medical documents she attached to her clalm
indicates that on January 17, 1995, a physician at FMC Cal"swell
noted in her medical chart that she had photophobia seCOnddI"Y to

flash in her eyes.
AGERTON, Dr. William D. (Civilian) - (T-SCR-96-472) Dr. Agerton
alleges that he was employed by EMCare to provide medical
services to health care providers, such as the Federal Medical
Center in Fort Worth, Texas, and on May 16, 1996, Dr. John Barry
(Clinical Director) refused to allow'him to provide medical care
at FMC Fort Worth. Dr. Agerton alleges that he has sustained
loss of pay and restriction of hospital privileges.
The South Central Regional Health Services Administrator has
indicated that the contract was with EMCare and not with any
individual.
It is not clear at this ~ime why Dr. Agerton was
denied access to FMC Fort Worth; however, the claim is currently
being investigated by staff at Fort Worth.
Dr. Agerton is seeking $100,000.00 in damages.
BOSTIC, Billye E., Register Number 62285-080 has filed an
administrative claim (T-SCR-97-53) because the Bureau of
Prisons imposed a cost of incarceration fee.
He alleges that
after he refused to pay $21,352.00 per year, he was placed on
refusal status until he paroled on June 3, 1996. He contends
that he lost early parole consideration, halfway house placement,
pay for six months, social security pay for three months, three
months of earnings, work privileges, dormitory privileges, and
purchase privileges.
Mr. Bostic has attached a Memorandum and Opinion (Billye E.
Bostic v. Joe Aguirre, Warden, EP-96-CA-139-DB) by United States
District Judge David Briones, in which Mr. Bostic's Habeas was
granted.
Judge Briones stated that the "Bureau of Prisons shall
not collect cost of incarceration fees" because Mr. Bostic's
sentence did not meet all three prongs of
28 C.F.R. § 505.1.
In addition, there is documentation attached
to Mr. Bostic's claim that indicates that the Bureau of Prisons
continued 'to hold him accountable for the cost after Judge
Briones issued the-- order on April 30, 1996.

ROBERTSON, Vernon Ray, Register Number 17017-057 has filed an
administrative tort claim alleging that on December 16, 1996, he
was violently assaulted by a State of Oklahoma inmate while they
were housed at FTC Oklahoma City. Mr. Robertson contends that he
was beaten and stabbed with a broom handle. He also states that

the inmate had a history of violence and that BOP staff failed to
provide adequate protection. He seeks $300,000.00 in damages.
(T-BOP-97-015)

MEDICAL

GADSON, Floyd, Register Number 09390-058 - Mr. Gadson contends on
June 13, 1996, he requested medication for his diabetes. He
states that he was refused treatment and was issued an incident
report. He contends that as a result of the denied medical
care, he developed a diabetic ulcer on his foot, which burst open
and has caused him a significant amount of pain.
Mr. Gadson requests $4,500,000.00 for emotional distress and
permanent physical injury.
(T-SCR-97-44)
CARTER, Norma J., Register Number 21603-034 - Harry T. Winmann,
3850 N. Causeway Boulevard, Number 590, Metairie, Louisiana, has
filed a claim (T-SCR-97-28) on behalf of Norma J. Carter. Ms.
Carter alleges that medical staff at FPC Bryan denied timely
surgical care for a pilonidal abscess and that she ultimately had
to undergo a colostomy. Ms. Carter is a diabetic and contends
that she is susceptible to wound infection. She is seeking
$500,000.00 in damages.
COLLINS, Clyde, Register Number 16940-009 - (T-SCR-97-64) The
family of deceased inmate has filed a claim for the death of Mr.
Collins. Al Weisenberger, an attorney in EI Paso, has submitted
the claim, but there is no authorization from
Mrs. Collins or any of Mr. Collins' six children authorizing
Mr. Weisenberger to represent them in a wrongful death claim
against the government.
Mr. Collins died from a heart attack while playing softball at
FPC El Paso on July 17, 1996. The Collins family contends that
the Bureau of Prisons did not provide adequate treatment for Mr.
Collins abnormal EKG in March 1995, nor was the annual physical
conduct in March 1996. The family also states that staff failed
to perform CPR within a reasonable time, prohibited another
inmate "who was trained in CPR" to perform CPR, and did not
timely summons an ambulance. The claimants seek $15,000,000.00 in
damages ($5,000,000 for personal injury and $10,000,000.00 for
wrongful death) .

MEDICAL/ADA CLAIM

PETERSEN, Justin, Register Number 98535-012 - Mr. Petersen
contends that during transfer between MDC Los Angeles and FCI
Bastrop his prosthetic socks were lost, that because staff did
not replace the socks he has suffered a breakdown of the skin on
his amputated stump, that FCI Bastrop is not adequately equipped
to house disabled inmates, that while he was housed there he
slipped and hit his head on his locker, and that the shower bar
broke and he fell causing a bruise to his hand.
Mr. Petersen complains that he was transferred to USFMCP
Springfield for treatment, but because he only had 5 months
remaining to be served, staff would not consider making any
significant repairs to his prosthetic device. He seeks $900 for
temporary repair of his prosthesis, $18,000 for replacement of
his prothesis and $15,000 for personal injury. (T-NCR-97-150).
Investigation pending.
REYNOSO-OLASCAGO, Jose, Register Number 64714-079 Mr. Reynoso-Olascago alleges that while he was walking on the
track at FCI Big Spring, he was hit in the face by a bat that had
slipped out of a softball player's hands. He was transported to
a local community hospital for treatment, he later underwent
surgery to repair his fractured jaw. He claims that BOP staff
negligently allowed him to walk around the track while a game was
in progress. He seeks $10,000,000.00 in damages. (T-SCR-96-430).
No liability concerns.
FANTROY, Richard, Register Number 27764-077, alleges during June
1996 at FMC Fort Worth, he was given incorrect medication for his
medical condition. The claim is in the amount of $500,000.
(T-SCR-97-47).
Investigation pending.
TELFAIR, Milton, Register Number 59903-080, has filed a claim
concerning his medical treatment at FCI Oakdale. He is confined
to a wheelchair and suffers from recurrent anal
fissures.
He underwent a hemorrhoidectomy and anal fissurectomy,
but feels additional treatment should have been provided.
He is
currently incarcerated at FMC Fort Worth.
(T-SCR-97-25).
Investigation pending.

SIGNIFICANT ADMINISTRATIVE REMEDIES

.Fort Worth received and responded to Administrative Remedy
#128997-F1, in which Wali Muhammed, Reg. No. 19148-009, alleged
Nation of Islam were denied access to an additional meeting time
and their yearly ceremonial meal. There was no validity
to the allegations.
Administrative Remedy 130071-F1, Inmate Freeman, requests to
~isplay a "dream catcher".
He alleges this is an American Indian
religious belief.
Information received indicates the BOP does
not recognize this as a religious item although some institutions
allow it. Texarkana denied the inmate's request.
Our office has not received a regional appeal regarding this
issue, the inmate has until April 17, 1997 to file an appeal.
Inmate Wayne Matra, at FCI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-F1, the inmate alleges
discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious item
in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.
Inmate Baxendale filed Administrative Remedy 125535-F1, alleging
that the BOP misinterpreted the Ensign Amendment. He
specifically requested to continue receipt of "Playboy".
MEDICAL MALPRACTICE:
LITIGATION
Caesar Morales-Morales v. Norris Knight, et al., 597CV0023
(ND/TX)
In this action, the plaintiff names a contract physician,
contract clinic, contract hospital, retired BOP physician and
current physician. The plaintiff asserts he fell on his arm ,
surgery was performed, and that despite the surgery he still has
problems. He asserts improper and inadequate treatment due to
deliberate indifference. There is no show cause order in this
matter; thus, research for a litigation report has not yet
occurred.
James Watson Ramsey v. USA, et al., 3:96-CV-3358-G (ND/TX)
This FMC Fort Worth case involves 12 named defendants.

The

inmate claims he was subjected to cruel and unusual punishment
through denial and delay of medical care of his burns. Based on
a preliminary assessment, there does not appear to be any
liability on the part of staff. Mr. Ramsey's complaint appears
to be frivolous pursuant to the PLRA.
Carter v. FMC Medical Review Board, et al., 4:96-CV-690-A (ND/TX)
The inmate had a previous case filed
issues regarding the lack of medical
Carswell. The case was dismissed as
Prison Litigation Reform Act of 1995

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

TORTS (FTCA)
. Inmate Norma CARTER, asserts government negligence regarding
timely provision of surgical care for a pilonidal abscess at
outside hospital by staff at FPC Bryan, resulting in extensive
parasacral infection.
Preliminary investigation reveals no
evidence of delay or inappropriate treatment by FPC Bryan staff.
CANIPE, Terry, Register Number 60647-080 (T-BOP-96-159)- Inmate
alleges that during the morning hours of July 30, 1994, while he
was incarcerated at FCI Bastrop, he was attacked by other inmates
during an institution lockdown. He claims that he sustained a
broken finger and "other injuries." Mr. Canipe contends that he
did not seek immediate medical attention because he had been
warned by other inmates not to give any information about how he
sustained the injuries.
At approximately 6:00 p.m., Mr. Canipe reported to institution
staff that he had slipped on some stairs and had fallen down.
Medical staff examined Mr. Canipe and requested x-rays of hlS
hand and face.
On August 2, 1994, the x-ray revealed that he had
suffered a broken finger, and approximately ten days latet, he
was examined by a contract orthopedic physician who noted a
partial ligament rupture on the splinted finger.
The inmate
was instructed to initiate range of motion exercises. On August
11, 1994, an x-ray revealed a dislocation involving the jOlnt of
the right ring finger.
Surgery was later performed by a conttact
surgeon, and Mr. Canipe was referred to Springfield. Mr. ~drl1pe
is seeking one million dollars in damages.

ENSIGN AMENDMENT:
LITIGATION

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

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

LfflGA TION NARRA TIVES
JANUARY " 1997 - MARCH 31, 1997

SIGNIFICANT CASES

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

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

This is a section 19a3 case. Plaintiff alleges that the
defendants have conspired under the color of state law to violate
his First, Fifth, Sixth, Eighth, and Fourteenth amendment rights.
Specifically, plaintiff states that his health has suffered as a
result of inhaling secondary smoke from cigarettes, cigars, and
pipe tobacco products. He only asks for judgment against the
defendants. He does not request any monetary damages.
Kenneth Lee stewart v. John Tombone, Warden, 397-CV0129-R and
Talford H. Royal v. John Tombone, Warden, 397-CV0182-H (ND/TX)
Basically, this is a 3621(e) appeal. There's a little bit of a
different twist in these cases versus the normal 3621(e) cases.
Petitioners are not challenging the fact that the Bureau of
Prisons has classified their crime as a "crime of violence".
Rather, they contend that the Bureau of Prisons entered into a
"contractual" agreement with them which stated that if they
completed the 500 hour DAP Program, they would receive a year off
their sentence. They state that they were granted the one year
off, but when the new program statement concerning crimes of
violence was issued, staff at FCI Seagoville found them
ineligible for early release. They contend that the Bureau's
denial of the year off creates a state created liberty interest.
Wilson Harrell v. Kathleen Hawks, 97-0048-A (WD/OK)
The Bivens case recently filed by inmate Harrell is based on the
Ensign Amendment. Harrell is alleging his counselors, the unit

manager, the ISM, Warden, Mr. Cooksey, and the Director of the
BOP, conspired to deprive him of his 1st, 4th, 5th, 9th, and 14th
amendment rights. Harrell is seeking $1,000,500.,00 in damages,
an injunction, and attorney fees.
Harrell has not exhausted his
administrative remedies.
Donald Holmes v. S. W. Phelps, et al., 5:96CV225 (ED/TX)
The plaintiff alleges harassment, discrimination, and verbal and
physical abuse by FCI Texarkana staff.

CASES WITH HEARING OR TRIAL
Hoot v. Gibson, A-96-CA-390 (WD/TX)
On January 28, 1997, Judge Sparks held a hearing to consider the
petitioner's request for DAP credit for seven weeks spent in nonDAP bed as the result of mutual error of staff and petitioner.
The Central Office's position that the petitioner had not 'met the
statutory requirement of 180 days in a DAP bed was articulated by
Dr. J. Jones, DAP Administrator, SCRO. The Court ruled that the
equities of the case were in the petitioner's favor, and entered
judgment orally in favor of the Petitioner.
,Gerald Esposito v. George E. Killinger, et al., 4:96-CV-927-Y
ND/TX
A hearing was held on January 31, 1997, on a pending TRO on
ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled.
The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
Noel Edward Plunkett v. Joe Gunia, et al., C-96-548 (SD/TX)
Bivens case. Reported in February. Evidentiary hearing held on
March 7, 1990. No ruling as of this time.
Dennis O'Neal McAnnich v. Frank Woods, et ale
Bivens case.

Spears hearing held on March 25, 1997.

united states v. Rasha Mansour, 4:97-CV-079-Y (ND/TX)
A commitment hearing for hospitalization was held at FMC Carswell
on March 12, 1997, pursuant to 18 USC 4245. Ms. Mansour was
committed to our inpatient unit.

spaniol v. USA

A trial was held in Sherman, Texas on March 12-13, 1997. The
judge ordered both parties to submit their closing briefs within
10 days. Ruth Yeager, Deputy civil Chiefs, feels very optimistic
of our chances of prevailing.
CASE WITH SETrLEMENT OR A WARD
Maria Ramos v. U.S.A., civil Action No. EP-94-CA-342-MC (ND/TX)
Adverse judgment rendered by magistrate. Action brought by the
mother and daughter of a former inmate at FPC La Tuna. The
daughter has cerebral palsy and cannot walk, talk, or breathe
without assistance.
In October 1993, when the family went to
visit inmate Juan Ramos, there was no handicapped ramp to access
the visiting area. The Warden allowed Mrs. Ramos, because she
was a frequent visitor, to use the loading ramp around the side
of the building. Because a government vehicle was blocking the
ramp, Mrs. Ramos wheeled her daughter along the roadway.
The
roadway contained concrete splatters and was bumpy. Ramos' chair
hit one of the, concrete bumps, and Ramos became dislodged from
her wheelchair. She sustained almost no physical injuries. The
Court awarded $30.00 in actual damages, and $5,970.00 in pain and
suffering (Total judgment $6,000.00). BOP and u.S. Attorney's
Office have agreed to not appeal this case.

SIGNIFICANT TORT CLAIMS
Inmate Marsha BUCHANON, Register Number 19548-001 - Former inmate
at FMC Carswell has submitted an administrative claim (T-SCR-9720), alleging that while she was being x-rayed on January 17,
1995, the x-ray machine malfunctioned and she sustained burns to
both of her eyes.
She claims that the examination revealed she
had sustained flash burns and had photophobia/photo sensitivity.
She is seeking three hundred thousand dollars ($300,000.00) in
damages. A review of the medical documents she attached to her
claim indicates that on January 17, 1995, a physician at FMC
Carswell noted in her medical chart that she had photophobia
secondary to flash in her eyes.
AGERTON, Dr. William D. (Civilian) - (T-SCR-96-472) Dr. Agerton
alleges that he was employed by EMCare to provide medical
services to health care providers, such as the Federal Medical
Center in Fort Worth, Texas, and on May 16, 1996, Dr. John Barry'
(Clinical Director) refused to allow him to provide medical care
at FMC Fort Worth. Dr. Agerton alleges that he has sustained
loss of pay and restriction of hospital privileges.

The South Central Regional Health Services Administrator has
indicated that the contract was with EMCare and not with any
individual.
It is not clear at this time why Dr. Agerton was
denied access to FMC Fort Worth; however, the claim is currently
being investigated by staff at Fort Worth.
Dr. Agerton is
seeking $100,000.00 in damages.
BOSTIC, Billye E., Register Number 62285-080 has filed an
administrative claim (T-SCR-97-53) because the Bureau of
Prisons imposed a cost of incarceration fee.
He alleges that
after he refused to pay $21,352.00 per year, he was placed on
refusal status until he paroled on June 3, 1996. He contends
that he lost early parole consideration, halfway house placement,
pay for six months, social security pay for three months, three
months of earnings, work privileges, dormitory privileges, and
purchase privileges.
Mr. Bostic has attached a Memorandum and Opinion (Billye E.
Bostic v. Joe Aguirre, Warden, EP-96-CA-139-DB) by United states
District Judge David Briones, in which Mr. Bostic's Habeas was
granted. Judge Briones stated that the "Bureau of Prisons shall
not collect cost of incarceration fees" because Mr. Bostic's
sentence did not meet all three prongs of 28 C.F.R. § 505.1.
In
addition, there is documentation attached to Mr. Bostic's claim
that indicates that the Bureau of Prisons continued to hold him
accountable for the cost after Judge Briones issued the order on
April 30, 1996.
ROBERTSON, Vernon Ray, Register Number 17017-057 has filed an
administrative tort claim alleging that on December 16, 1996, he
was violently assaulted by a State of Oklahoma inmate while they
were housed at FTC Oklahoma City. Mr. Robertson contends that he
was beaten and stabbed with a broom handle.
He also states that
the inmate had a history of violence and that BOP staff failed to
provide adequate protection. He seeks $300,000.00 in damages.
(T-BOP-97-015)
GADSON, Floyd, Register Number 09390-058 - Mr. Gadson contends on
June 13, 1996, he requested medication for his diabetes. He
states that he was refused treatment and was issued an incident
report. He contends that as a result of the denied medical
care, he developed a diabetic ulcer on his foot, which burst open
and has caused him a significant amount of pain.
Mr. Gadson requests $4,500,000.00 for emotional distress and
permanent physical injury.
(T-SCR-97-44)
CARTER, Norma J., Register Number 21603-034 - Harry T. Winmann,
3850 N. Causeway Boulevard, Number 590, Metairie, Louisiana, has
filed a claim (T-SCR-97-28) on behalf of Norma J. Carter.
Ms. Carter alleges that medical staff at FPC Bryan denied timely
surgical care for a pilonidal abscess and that she ultinately had

to undergo a colostomy. Ms. Carter is a diabetic and contends
that she is susceptible to wound infection.
She is seeking
$500,000.00 in damages.
COLLINS, Clyde, Register Number 16940-009 - (T-SCR-97-64) The
family of deceased inmate has filed a claim for the death of Mr.
Collins. Al Weisenberger, an attorney in EI Paso, has submitted
the claim, but there is no authorization from Mrs. Collins or any
of Mr. Collins' six children authorizing Mr. Weisenberger to
represent them in a wrongful death claim against the government.
Mr. Collins died from a heart attack while playing softball at
FPC EI Paso on July 17, 1996. The Collins family contends that
the Bureau of Prisons did not provide adequate treatment for
Mr. Collins abnormal EKG in March 1995, nor was the annual
physical conduct in March 1996. The family also states that
staff failed to perform CPR within a reasonable time, prohibited
another inmate "who was trained in CPR" to perform CPR, and did
not timely summons an ambulance. The claimants seek
$15,000,000.00 in damages ($5,000,000 for personal injury and
$10,000,000.00 for wrongful death).
PETERSEN, Justin, Register Number 98535-012 - Mr. Petersen
contends that during transfer between MDC Los Angeles and FCI
Bastrop his prosthetic socks were lost, that because staff did
not replace the socks he has suffered a breakdown of the skin on
his amputated stump, that FCI Bastrop is not adequately equipped
to house disabled inmates, that while he was housed there he
slipped and hit his head on his locker, and that the shower bar
broke and he fell causing a bruise to his hand.
Mr. Petersen
complains that he was transferred to USFMCP Springfield for
treatment, but because he only had 5 months remaining to be
served, staff would not consider making any significant repairs
to his prosthetic device.
He seeks $900 for temporary repair of
his prosthesis, $18,000 for replacement of his prothesis and
$15,000 for personal injury. (T-NCR-97-150).
Investigation
pending.
FANTROY, Richard, Register Number 27764-077, alleges during June
1996 at FMC Fort Worth, he was given incorrect medication for his
medical condition. The claim is in the amount of $500,000.
(T-SCR-97-47) .
Investigation pending.
TELFAIR, Milton, Register Number 59903-080, has filed a claim
concerning his medical treatment at FCI Oakdale.
He is confined
to a wheelchair and suffers from recurrent anal fissures.
He
underwent a hemorrhoidectomy and anal fissurectomy, but feels
additional treatment should have been provided.
He is currently
incarcerated at FMC Fort Worth. (T-SCR-97-25).
Investigation
pending.

SIGNIFICANT ADMINISTRATIVE REMEDIBS

Fort Worth received and responded to Administrative Remedy
#128997-F1, in which Wali Muhammed, Reg. No. 19148-009, alleged
Nation of Islam were denied access to an additional meeting time
and their yearly ceremonial meal. There was no validity
~o the allegations.
Administrative Remedy 130071-F1, Inmate Freeman, requests to
display a "dream catcher". He alleges this is an American Indian
religious belief. Information received indicates the BOP does
not recognize this as a religious item although some institutions
allow it. Texarkana denied the inmate's request.
Our office has not received a regional appeal regarding this
issue. The inmate has until April 17, 1997 to file an appeal.
Inmate Wayne Matra, at FCI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-F1, the inmate alleges
discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious item
in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.
Inmate Baxendale filed Administrative Remedy 125535-F1, alleging
that the BOP misinterpreted the Ensiqn Amendment. He
specifically requested to continue receipt of "Playboy" .
. ENSIGN AMENDMENT:

LITIGATION
See Harrell v. Hawkins under significant cases.
TORTS
Adam Winchester has submitted a tort claim seeking $128.80
because he is not receiving his monthly subscription of
Penthouse magazine.

!.I':%ClU%a.
. Lee

i NUM
1

I
I

\ SEll \

\ NCR

, MXR
\ N!:1t

't'O'1'

I PEN ! C:..::l

I SET I AWD ~
1

i HIT

I
73

HI··a·~ ~y.x.

I
I 18

\
\

~
1

! ANS

WXR

i SIV 10TH

\ F'!'C

\ He

\ 75

,211

I
I

1
1

I
;

I
1

NARRATIVE ATl'AOiED ON SEPARATE ?APER

DIIJlI:XPA
IU • • ' fa ~ r.aD1Ir:s nIJID III Quuna
Ba - . . . . . . 01' D'U. cauaa acftOb 7%t.J:D
ftIC . . . . . . CD nca Wilma J11:aD

lIVJI -

In -

tI"· •••

~l'ua

aG'ftaa

aft - 01 •• aaftcal'Z'-D
AD .. F"• • o. un~
, . . .. Nep. . .
C%.aD -

. . , . ' OJ' ~=--

.u.zD

...,aft

nrc..,

B/ff - I,e." or .... " . OR ntlLI (nlCLV1D ~ Ilf OlIpa~r"n
In - . ' . . . . OJ' I_H',··. •• (DOuma %DO Dr n ..~S'IVZ'
urD - iila. or 1D.D8 (lJICt.1rDa %DO III DI.'5'IV1IJ
GO••
~a. UID DaD CJt AC':%C1I - (tKCLtrtm :or OJlD'!rVB'

·.··w

~ SOUTH

CENTRAL REGIONAL OFFICE
NARRATIVES
$APRIL 1, 1997 • JUNE 30, 1997

SIGNIFICANT CASES
Guadalupe Martinez v. Janet Reno, et aI., 3:97-CV-0813
(NDfTX)
An employee from FCI Seagoville has brought an EEO action against
the Bureau of Prisons and the Department of Justice and alleges
that the BOP has discriminated against him based on his ethnic
origin. He claims that his performance appraisals were unjust
and inaccurate and that he was subjected to conditions (such as a
photo lineup) that other employees were not subjected to solely
because of his race.
Ronald Faldyn v. Lester Fleming, A-96-CA-0526-SS (WDrrX)
A final order was entered for the BOP defendants. Case is
significant because the issue was crime of violence determination
under 3621 (e). The district affirmed the Bureau's discretion in
defining crimes of violence.
Terise Ahr v. Reno
This FPC Bryan case revolves around an assertion that the Bureau
did not meet the provisions of a settlement agreement in an EEO
case. In fact, we did not provide back pay within the 30 days
specified, but did within about 45 days in 1994. Plaintiff
raises numerous other complaints, which the AUSA argues are
independent issues which have not been exhausted
administratively.
Kevin Thomas Ford v. Robert Guzik, et aI., CIV-97-0233-R (WO/OK)
An FTC Oklahoma City inmate claims staff entered his cell and
struck inmate's head, arms. and hands with FOlger-Adams keys and
knocked inmate into the shower. Inmate seeks $750,000.00 in
compensatory damages and $750,000.00 in punitive damages
ESTATE OF KENNETH MICHA::L TRENTADUE, ET AL.
V. UNITED STATES, ET AL.
CIV-97-849L (WD/OK)
Action involves death of an inmate at FTC Oklahoma City in August
1995. Inmate's family believes staff murdered the inmate and
that Bureau of Prisons' offiCials are now covering up the
incident. Plaintiff asserts both Bivens and FTCA theories.

Lemoine v. Falstead, 5:97-CV-109 (EDITX)
In this Bivens action, the inmate alleges FCI Texarkana staff
sexually harassed him to include touching. The allegations were
previously investigated by the Office of Internal Affairs and our
SIS. Both failed to substantiate the charges.
Henry v. Brady. et aI., 97-334 (WD/LA)
The suit concerns anFCI Oakdale staff member's alleged use of
force on an inmate during a routine pat search. The inmate
attempted to hamper the pat search. The inmate was placed in
restraints and escorted to the Special Housing Unit. The inmate
alleges the staff member used excessive force placing him in
restraints and during the escort to SHU.
Lee v. Fleming. A-96-CA-5A8-SS (WDITX)
The Court ruled on May 30. 1997. that 18 U.S.C. Section 922(g),
Possession of a Firearm by a Convicted Felon, is not in itself a
. crime of violence within the meaning of 18 U.S.C. Section
924(c)(3); therefore, the Bureau could not consider the
petitioner a violent offender for the purposes of sentence
reduction pursuant to 18 US.C. Section 3621 (e)(2)(B). The AUSA
filed a motion for reconsideration and the court has denied the
sanction. The Bureau plans to seek permission to appeal.

CASES WITH HEARING OR TRIAl.
Dennis O'Neal McAnnich v. Frank Woods. et al.. C-96-132 (SDITX)
A hearing was held on April 15. 1997. regarding defendant's
motion to dismiss. Defendants argued service by mail did not
give court jurisdiction over defendants in their individual
capacities. Defendants requested personal service pursuant to
Rule 4(e). Defendants claimed person who signed the return
receipt cards was unauthorized to receive their mail. Court
disagreed ·3r.(' cite:.l Tex8~ law which :>rovides for service by mail.
Court found service to be proper and denied motion to dismiss.
The court ordered U.S. Attorney's Office and Attorney General of
the U.S. to receive service.
Banks v. USA, A-95-CA-292-J'J (WDITX)
A hearing was held on April 13. 1997. In Austin regarding the
plaintiffs motion for disbursement of funds from the court to
pay for expert witnesses The magistrate recommended that all
parties agree to a bifurcated tnal since both expert witnesses'

testimonies pertain to damages. not liability. The court will
then hold in abeyance the motion until after the liability phase
of the trial. If the U.S. is not liable, the proceedings will go
no further, and the issue will be mooted. Both sides readily
assented.
Demarey v. Franco, EP-96-CA-238H (WOfTX)
An evidentiary hearing was held to determine whether due process
was given prior to the inmate's administrative detention.
On May 6,1997, inmate Ronnie D. Boyd was given a detention
hearing for the misdemeanor assault of Acting Captain Marcus
Fernandez. w'1ich occurred during the December disturbance.
Mr. Fernandez was assaulted when inmate Boyd threw urine and
feces on him. The detention hearing was necessary as Boyd was
released on May 5,1997, via GCT release. The Court ordered Boyd
held without bond due to the danger he posed to the community.
Jean May Chessor had a commitment hearing at FMC Carswell under
18 U.S.C. 4246. The Judge committed the inmate for
hospitalization.
On May 29, 1997. a hearin';l was held in a Dallas circuit court
regarding issues aoout a Seagoville staff member's appearance in
a capital murder case in Kansas City. Missouri. The state Judge
held that the appearance was not required because a video
deposition could be taken in lieu of his appearance. We raised
objections under the Touhy regulations. A video deposition was
taken on the same date.
Ahr v. Reno, etEl ·43-932-272 (SDfTX)
FPC Bryan reports that a Scheduling Conference was held in this
EEO civil action. The case was continued for 200 days in order
to provide Petitioner an opoortunity to exhaust administrative
remedies regarding her assertion she was retaliated against by
staff at FMC Fort Worth. She states she went for an interview
for a teaching position and was allegedly queried about her
experiences at FPC Bryan and whether she planned to have another
baby (the subject of her Inillal EEO complaint). We were ordered
to provide Petitioner "blank forms" to file her retaliation
complaint. and there has been some confusion regarding what forms
are necessary to initiate an EEO complaint. We were also ordered
to provide Petitioner with a "table of organization" of the EEO
office in the l3ureau of Prisons. as Petitioner asserts a
"bureaucratic runaround" ir. her efforts to seek compliance with
the August 1994 se~lement agreement. Both the court and the
AUSA do not seem pleased with the way Petitioner's EEO issues
were passed from·')erson :0 person between 1994 and 1996.

On June 19, 1997, a TRO hearing was held by Judge McBryde on the
matter of Jimmy Lee Rebman v. USA, et al. Mr. Rebman is an
inmate at FMC Fort Worth seeking mandamus/injunctive relief
relevant to an cornea transplant. Judge McBryde ordered the
government to meet with plaintiffs attorney the following day
with a plan of action or schedule for the cornea transplant. A
cornea transplant was scheduled to take place within two weeks,
with a follow-up cataract surgery once the transplant surgery
site heals.
State of Missouri v. Dennis W. Clark, CR-49586F. SCRO Attorney
attended a hearing where the Missouri Public Defender sought to
compel the testimony of an employee at FCI Seagoville in a state
court trial. The state court's subpoena was filed with a Dallas
County Court. We contested the motion under 28 C.F.R.
§ 16.22 et S.fg. The Public Defender's motion was denied.
However, a deDosition was allowed.
On June 27. 1997 FCC Beaumont legal staff attended a Treaty
Transfer Consent Hearing before Magistrate Judge Radford,
E.D.Tex., for inmate GUTIERREZ-LARA, Jorge. The U.S. Attorney's
Office requested the Legal Department's assistance insofar as the
inmate will be produced for the hearing and the format is unknown
to the AUSA.

MEDICAL MALPRACTICE
LlTICATION
Jose RamireZ_II Jo~ Aguirre~, EP-97-CA-002H (WDITX)
In this Bivens action, an inmate with a coronary condition from
FPC EI Paso alleges th3t ~t3ff cisplayed deliberate indifference
to his serious medical needs.

TORTS
John Henry Topsy filed tcrt claim T-SCR-96-445 seeking
$750,000.CCl Topsy claimed that the Bureau was negligent in
treating his dizziness after falls he said occurred in 1995 while
at FCI Bastrop anrl an unn8med transfer facility. The claim was
denied.
Eric Michael Lawrence filed tort claim T-SCR-470 seeking $60,000.
Lawrence clairneo that the Bureau was negligent in treating his
diabetes because he received hiS Insulin as long as two hours
later in the day on weekends than on weekdays, and because blood
sugar levels were not consistently tested on weekends at FMC Fort
Worth. The Glalnl IflCIS cJenlt'rl

FCI Texarkana inmate Juan Carlos Rodriguez-Gonzalez requests
$150,000.00 for personal injury. He alleges that medical staff
at FCI Texarkana misdiagnosed and mistreated his eyes. He
asserts further malpractice by their referral to doctors in the
community. Specifically, he states laser photocoagulation of his
eyes was not performed properly resulting in eye injury.
(T-SCR-97-155)
inmate Charles McMeans contends that the medical staff at FMC
Fort Worth have danied him hip replacement surgery.
Mr. McMeans states that he needs hip replacement surgery due to a
fall he suffered at Fel Bastrop on the basketball court, and most
recently in the dining hall at FMC Fort Worth. Both
Mr. McMeans and his wife, Veronica McMeans, previously filed
separate administrative tort claims for damages they alleged were
caused when Mr. ~P.cMeans fell on the basketball court at FCI
Bastrop. Both claims were denied. He currently seeks
$1 ,500,00e.00 in damages. (T-SCR-97-217)
RODRIGUEZ-GONZALEZ Juan - Mr. Rodriguez-Gonzalez alleges that
during February 1996. rf'edical staff at FCI Texarkana misdiagnosed
and performed negligent treatment to his eyes. He contends that
laser photocoagulation on his eyes was not performed properly and
as a result he has 5L1sta;ned permanent damage to his eyes. He
seeks $150,000.00 In damages. Mr. Rodriguez-Gonzales was
released or May 6. 1997. to INS custody in Dallas, Texas.
(T -SCR-97 -155)
ESTUPINAI'J-'J.A.SQUEZ. Enter; - Inmate at FCI La Tuna contends that in
1994 he inju~ed his ankle w'1ile playing soccer and was advised by
staff that i~ was okay. However. in 1995, he states he began to
experience more pain and 10ticed muscle loss. Alleges negligence
for not providinn medical treatmant for his Achilles tendon.
Seeks $500.000.0')
Investigaticr rme"lp.d inITiate wa£ evaluated for a fracture with
negative resu!ts shortly a:'ter the injury. A consultation was
requested on June if, 1994. but the inmate was not evaluated by a
specialist until Novembe: 1994. at which time it was determined
that the inmate had suffered a ruptured Achilles tendon.
Mr. Estupir.an-'iasque.~ was evaluated on multiple occasions. On
September 1. 1994, he wag instructed to not run or jump until
evaluated by specj~lic;t. at wnich time Mr. Estupinan-Vasquez
declined to liSP. a cane, 3'1(1 stated that he did not r.eed it.
There is a hisloiY of ankle oain dating back t 1992. and the
medical recora indicates that Mr. Estupinan-Vasquez reinjured the
same ankle wi";.? JlI:'iyin~1 .;;()ccer in May 1995. In May 1995, he was
treated for an injllry 10 thE' lef1leg. which he reported to have
injured playing soccer a cOL'ple of days before.

Institution ar.d Regional medical staff acknowledge that there was
a delay in diagnosing the rupture: however. there is no
indication that ~he delay caused any damage.
WOODS. CAROLYN - Ms. Woods is presenting a claim on behalf of
Audrey M. Woods. Nathaniel Woods, and herself. Ms. Woods. an
inmate at FMC Carswell. alleges that staff at FMC Carswell failed
to provide her mother, inmate Elizabeth Scallion, emergency
medical care when she suffered a cardiac arrest on November 8,
1~96. Ms. Woods further claims that staff prevented a "licensed
inmate paramedic" from providing life saving techniques. The
claim is being rejected because Ms. Woods did not meet the
requirements of Title 28 CFR 14.3 for a wrongful death claim.
(T-SCR-97 -178)
JAMIESON. Ali~a . alleges she has a history of bladder and kidney
troubles and is allergic to sulfa/sulfer. However, the staff at
FTC Oklahoma City nrescri!1ed Bactr.um, which is a sulfa-based
medication. Inmate claims her condition has worsened and she is
in pain and ciiscomfort. Inmate seeks $50,000 in compensation.
(T-SCR-97-~89)

FTC OklahomF! City inmate. John Rohrbach, claims that while he was
cleaning the stainless steel i:l F:loC Service, chemicals got
in his eye and that medicol care was delayed. Inmate seeks
$15,OOO'in compensation. (T-SCR-97-176)
FANTROY. ~iGhard - alleges at FMC Fort Worth he was given the
wrong medic8tion, wnich has resulted In emotional distress and
inability to digest tood prooerly. He claims personal injury in
the amoum of $5(11:.000. investigation pending.
(T-SCR-97-7"4 )

A claim has b~er f:ei~ on D8half of a minor named Riberto Ebelio
Lopez, who is the son of Rlchardo Lopez. Riberto Lopez was
killed by a BOP escapee All")ert Yeung. who was incarcerated at a
facility und~r tIle COrnmuMy Ccrrections Office in New Orleans,
Louisiana. "he 'T'iJ"10~'S f11c''ler 'iled a tort claim seeking damages
for the wron£1tL: d(' <'It ...J; r Ie. father and the loss of support and
companionsh;p. Tile claim mir;ors an earlier filed claim by the
daughter of deceased Lopez She IS seeking $500.000.00.
(T -NER-97 -82)
Update from our FetrualY r,=pOr1 pertaining to a claim filed by
Norma Carte·r rT-8CR-97-?3\ The Clinical Director reveals some
concern regarciing the nCJr1I)~r of days which elapsed between the
time when CIC:l.'11::mt :1resen+~d t:J the medical staff with symptoms

indicative of a perirectal abscess and the time when appropriate
treatment was provided. The Clinical Director at FPC Bryan feels
that we may r,ave been in:xdinately slow in responding to and
recognizing what the record seems to clearly indicate to have
been a serious medical condition complicated by diabetes. We may
ask that a higher level inquiry be conoucted in this case
(perhaps by an MD from the Ce.ltral Office or a BOP Medical Center
other than Carswell since tney provided treatment to this inmate
as well). The matter has been referred to OOM.
An administrative claim has been submitted by a company named
Leaseall, Inc. The clai"1 is signed by Sandy Carr, Manager for
Leaseall, Inc. <'Ind she st2t?S that their truck was damaged when
a vendor was driving tre truck out of Gate 1 at FCC Beaumont and
the gate was closed en the truck. There is nothing with the
claim to indicate that the incident occurred, or Ms. Carr's
authority to make t"e claim (T-SCR-97-134)
On May 6,1997, s'.affllehicles parked in the parking lot at FTC
Oklahoma City wer~ damaged when Facilities staff and inmates were
spraying paint on the base;)all backstop fence. To date, we have
received 62 claims r<'lllg;n~ from $100.00 to $2,000.00. As
'reported by Warden GUZik. !here is some indication that
approximately 180 '!,?"ices wstained some type Of damage.
Inmate Vernon I~ay Robertson I'll FTC Oklahoma City alleges staff
were negligent in failirp to orotecl him from a state prisoner
whom the BOP knf!w was violert Inmate claimed he was assaulted
and sustained numerous inJuries. Including a broken hand and a
crooked fing':'" bec:.'lUse i: W"lS not set properly. Inmate Robertson
seeks $300,000 00 in corr P;:WSO'l
The SCRO offered settleme'1t to D2v:d Nolte. a Texarkana employee,
in the amour;t of $', P31:l. 1'j +.:-1 ClFlmage sustained to Mr. Nolte's
pickup, wh ie.1 \'.':;.S slr'JC~ i") <l:l Jnsecured barrier gate. The sum
certain is in ihe ame"mt of :; 1.942 49
(T-SCR-97-17:~ .
Abdul Mohamr'led haliq at fMC Fert Worth. alleges he slipped and
fell on a wet fioor A!legtrlll' tr-ere Vle'P no signs posted
warning of the wet fioor. A<:- a rE's'JIt of hiS fal:. he alleges he
broke his b~,:,I: CT3111S r+ 'OonCiIInJury In the amount of
$1,500,000. I.weSligatlon _~nd,ng iT-SCR-97-112)
Inmate John r.;d:roa::h cl.:- riS til? \Va:; cleanrng stainless steel when
the chemicals (]nt in I-IS e"F;, rind Ih;.: he COuldn't wash
his eyes bee-nt'sA the on \ "',eVl JSh s'.allon had "boiling" hot
water. This;~ 3 work-relat"o 1I11ury anc fall!> under Demko,
except the mmate also ailt::~,~s llelay In receiving medical
treatment Inmate ';?~l\s ~' =·.1)(10 00 111 compensation
(T-SCR-97-'j (6)

Inmate Vernon Ray Robertson alleges staff were negligent in
Inmate Vernon Ray Robenson alleges staff were negligent in
failing to protect him from a state prisoner whom the BOP
allegedly knew was violent. Inmate claimed he was assaulted and
sustained numerous injuries, including a broken hand and a
crooked finger becaLse i, was not set properly. Inmate
Robertson seei<s $300,000.00 in compensation. (T-BOP-97-15)
Wali Muhammed, an inmate housed at FMC Fort Worth, alleges that
he is being deprivej of functional electrical stimulation therapy
and other medical treatments for his paralysis. He contends that
he has comr.letp-d the Bureau of Prisons 500 hour drug program, but
has been denie1 the aile YF.'3r release because of a firearms
conviction. Th:.:s, I~e c!airns tl-Je denial of medical care.
Mr. Muhammed contends that the stimulation therapy will allow him
to regain h:s ebdity to walK Mr. Muhammed seeks $5,000,000.00
for neglect. rne'lt~! arguish an("; emotional distress.
(T-SCR-97 _"}1 6)

SICNIFICANI.}\"JVI1~lSJ'RATIVE

REMEDIES

An FCI Big Spring inrn'lte. Edger Fuller, filed an administrative
remedy citing I/iol:ltion~ ()f !i-!e RFRA. He alleges the Chaplain
denied him ccces~ to t'le chapel did not allow him to pray, teach
or testify; and deniF:{j him Ipe rirht to offer communion. The
Chaplain docLirnent~d e::lr.h meetlllg With Inmate Fulier with copious
notes. Repr~Sp.ntf1tl\IP'5 rr,cm th·? Pen!ecostal church visit the
institution mo"~n,y rind offer communion. Communion is also
offered ten times each montn. and the Chaplains offered to give
him communion in their offices whenever he felt communion was
necessary. 'r",;; rt ",'.";1-,:; =,~.C ')~f,:. rf'd to 2ttempt to have
representatives from the Pentecostal c.hurch ceme more often.
Inmate Fulle- Insisted this v, as nof sufficient to meet his needs.
Fuller believ-7~ h's ~eE'j~ 1'.01; only be met once he is permitted
to conduct h's ow., f ..~rvICE" ar·c r~ IS allowed to offer communion
to his inmate ~,r(1·.JP In'T'?:e hll'p.~ has advised the Chaplain that
he was a rnen"~'7' ,:>~ the r;;o?rgy or c·r tl) coming to prison. The
administratill'? -"m:cv W?~; :;enled at the institutional level.
Inmate Fuller f',cS p rollisecJ 'ive.\, litigation on this issue. On
April 12, 1997, Chal1lai., Wrqht wrote an incident report against
Fuller for Refc,<:irg 11'\ Ohp.v '111 Order ny conducting church
services witr,(.I, t ·)err;;SSi, .'. TillS '"clden! report was informally
resolved b', th2 CbanlC"in

RELICIOUS FREEDOM RESTORATION ACT
LlTICATION
James v.

8rus~.

96-2707 (WDILA)

The inmate, a Native AmE:iican, alleges the Warden took a blue
colored headband and a red colored headband from him. The
inmate alleges the colored headbands were sacred, and he needed
them for religious purposes. No defendants have been served in
this case.

ADMINISTRA 1 aVE: RSMEl)Y
OTHER
A home-confinement inr,late, David Bishop, alleged constitutional
violations wt;~r th.·a BOP w')uld nof allow him to leave home
frequently to soncuct fielj witnessing The inmate claimed
that field witnessi'1g was ;on essential tenet of his belief as a
Jehovah'!, Witness. SCP.,) did not have to respond to this issue
because the inmate subsequ::mtly made threats of assault on a
staff member 2"(; ""'1'3 rptwned to full custody.
Inmate W"~i,?n"\ MillE. received an incident report for refusing
to obey an order as he refl,;sed to be housed with an African
American inmate. During the investigation and UDC, the inmate
failed to rals"! 211)' re!i:;J10 1_' <' iSSues The inmate has filed a
BP-9 citing hs mi igi0IJs hp.liefs are of a white separatist
nature and he can not go ,,\:jilinst his beliefs. He requests the
incident report be expung'?ri. Sentry mdicates religious
preference 3~ r-~ative .O,I"1fIlC'IIl. Inrrate claims his religious
preference "S 8 c('l,herhot)rj Of 're \/\Jill wh:ch is not a BOP
recogniz~d relloion.

ENSICN ~!!\~i;~.pMJl~r·
LlTICATlO!li

PIIfP.'~ Elli'Oges :IIS various rights have been
rJ\)r: to flr·')·s I 'lCl,E'mentatlon of the Ensign
Amendment he';aIJse stott relected tnree magazines, Plaintiff
challenges He; L-r,,,tJIl !··fI:·nd,nent as overly broad in defining
terms. ur,(.:>f',C;:" L.t(;r.ali., ", :J"l·. and against hIS First and
Fourteen' 1 / ,-r.'j",,-,l ',ynts

Inmate at

f'T" '; 1111~"

violated/dp.ll':~n

Harrell v. Hawkins (Hawk\. C!V-97-48-A (WD/OK)
(Update - ;:he case was criginally reported last quarter) We
have received a f.:''Jorable Report and Recommendation from the
magistrate juOg3. A similarly favorable ruling is expected.

TORTS
Inmate Kenneth Linn, FCI Seagoville, contends that as a result
of the Ensign Amendment he was no longer allowed to have
sexually explicit materials: therefore. his publications were
not forwart:'~d to ris recllIested iocation during the authorized
time frame. He Claims damages of $13.90 due to BOP negligence.

'LITIGATION
LOC
MXR
NER
SER
NCR
'SCR
WXR
CO
TOT

NUM

FTC

BIV

OTH

ANS

PEN

CLD

HIT

SET

AWD

171

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC
NUM
HC
FTC
BIY
OTH
ANS
PEN
CLD

- LOCATION
, - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
- NUMBER OF HABEAS CORPUS ACTIONS FILED
- NUMBER OF FTCA ACTIONS FILED
- NUMBER or BiVENS ACTIONS FILED
- OTHER ACTIONS FILED
- NCMBER OF LITIGATION REPORTS COMPLETED
- PENDING
- NUMBER OF ACTIONS CLOSED
HIT - ]\'UM?·ER Q? HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - l\'U~r.B:SR C:-: SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NCME,ER or.; AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNME~1T ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

Tort Claims Third Quarter - FY 97 (April 01, 1997 - June 30. 1997)
pppl wd
med set
amt pen den
pI
loc
num pp
9
6
1
20
3084
221 60
182 147 18
scr

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WO - Wrongful death claims
Med - Medical claims
Set - SettledlApproved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
00 - Number of claims Overdue
A/O - Avg number of days Overdue
AlP - Avg number of days to Process
(Med = PIM + WDM + PPPIM + PPWOM)
(WO = WD + PPWD)

od
0

alo
0

alp
124

SCRO Quarterly Report (7/15/97)
SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
APRIL 1, 1997 - JUNE 30, 1997
SIGNIFICANT CASES
Guadalupe Martinez v. Janet Reno, et al., 3:97-CV-0813
(ND/TX)

An employee from FCI Seagoville has brought an EEO action against

the Bureau of Prisons and the Department of Justice and alleges
that the BOP has discriminated again.~t him based on his ethnic
origin. He claims that his performance appraisals were unjust
and inaccurate and that he was subjected to conditions (such as a
photo lineup) that other employees were not subjected to solely
because of his race.
Ronald Faldyn v. Lester Fleming, A-96-CA-0526-SS (WO/TX)
A final order was entered for the BOP defendants.
Case is
significant because the issue was crime of violence determination
under 3621(e). The district affirmed the Bureau's discretion in
defining crimes of violence.
Terise Ahr v. Reno
This FPC Bryan case revolves around an assertion that the Bureau
did not meet the provisions of a settlement agreement in an EEO
case.
In fact, we did not provide back pay within the 30 days
specified, but did within about 45 days in 1994.
Plaintiff
raises numerous other Gomplaints, which the AUSA argues are
independent issues which have not been exhausted
administratively.
Kevin Thomas Ford V. Robert Guzik. et al., CIV-97-0233-R (WOlaK)

An FTC Oklahoma City inmate claims staff entered his cell and
struck inmate's head, arms, and hands with Folger-Adams keys and
knocked inmate into the shower.
Inmate seeks $750,000.00 in
compensatory damages and $750,000.00 in punitive damages
ESTATE OF KENNETH MICHAEL TRENTADUE. ET AL.
V. UNITED STATES. ET AL.
CIV-97-849L (WOlaK)

Action involves death of an inmate at FTC Oklahoma City in August
1995.
Inmate's family believes staff murdered the inmate and

that Bureau of Prisons' officials are now covering up the
incident.
Plaintiff asserts both Biyens and FTCA theories.
Lemoine v. Falstead, s:97-CV-109 (ED/TX)
In this Biyens action, the inmate alleges FCI Texarkana staff
sexually harassed him to include touching. The allegations were
previously investigated by the Office of Internal Affairs and our
SIS. Both failed to substantiate the charges.
Henry v. Brady. et al., 97-334 (WD/LA)
The suit concerns an FCI Oakdale st~ff member's alleged use of
force on an inmate during a routine pat search. The inmate
attempted to hamper the pat search. The inmate was placed in
restraints and escorted to the Special Housing Unit. The inmate
alleges the staff member used excessive force placing him in
restraints and during the escort to SHU.
Lee v. Fleming, A-96-CA-s48-SS (WD/TX)
The Court ruled on May 30, 1997, that 18 U.S.C. Section 922(g),
Possession of a Firearm by a Convicted Felon, is not in itself a
crime of violence within the meaning of 18 U.S.C. Secti~n
924 (c) (3) i therefore '. the Bureau could not consider the
petitioner a violent offender for the purposes of sentence
reduction pursuant to 18 U.S.C. Section 3621(e) (2) (B). The AUSA
filed a motion for reconsideration and the court has denied the
sanction. The Bureau plans to seek permission to appeal.

CASES WITH HEARING OR TRIAL
Dennis O'Neal MCAnnich v, Frank Woods. et al., C-96-132 (SD/TX)
A hearing was held on April 15, 1997, regarding defendant's
motion to dismiss.
Defendants argued service by mail did not
give court jurisdiction over defendants in their individual
capacities. Defendants requested personal service pursuant to
Rule 4(e). Defendants claimed person who signed the return
receipt cards was unauthorized to receive their mail.
Court
disagreed and cited Texas law which provides for service by mail.
Court found service to be proper and denied motion to dismiss.
The court ordered U.S. Attorney's Office and Attorney General of
the U.S. to receive service.

Banks v. USA, A-95-CA-292-JN (WD/TX)
A hearing was held on April 13, 1997, in Austin regarding the
plaintiff's motion for disbursement of funds from the court to
pay for expert witnesses. The magistrate recommended that all
parties agree to a bifurcated trial since both expert witnesses'
testimonies pertain to damages, not liability. The court will
then hold in abeyance the motion until after the liability phase
of the trial.
If the U.S. is not liable, the proceedings will go
no further, and the issue will be mooted. Both sides readily
assented.
Demarey v. Franco, EP-96-CA-238H (WD/TX)
An evidentiary hearing was held to determine whether due process
was given prior to the inmate's administrative detention.
On May 6, 1997, inmate Ronnie D. Boyd was given a detention
hearing for the misdemeanor assault of Acting Captain Marcus
Fernandez, which occurred during the December disturbance.
Mr. Fernandez was assaulted when inmate Boyd threw urine and
feces on him. The detention hearing was necessary as Boyd was
released on May 5, 1997, via GCT release. The Court ordered Boyd
held without bond due to the danger he posed to the community.
Jean May Chessor had a commitment hearing at FMC Carswell under
18 U .·S .. C. 4246. The Judge committed the inmate for
hospitalization.
On May 29, 1997, a hearing was held in a Dallas circuit court
regarding issues about a Seagoville staff member's appearance in
a capital murder case in Kansas City, Missouri. The state Judge
held that the appearance was not required because a video
deposition could be taken in lieu of his appearance. We raised
objections under the Touhy regulations. A video deposition was
taken on the same date.
Ahr v. Reno. et al, - 43-932-272

(SD/TX)

FPC Bryan reports that a Scheduling Conference was held in this
EEO civil action. The case was continued for 200 days in order
to provide Petitioner an opportunity to exhaust administrative
remedies regarding her assertion she was retaliated against by
staff at FMC Fort Worth. She states she went for an interview
for a teaching position and was allegedly queried about her
experiences at FPC Bryan and whether she planned to have another
baby (the subject of her initial EEO complaint). We were ordered
to provide Petitioner "blank forms" to file her retaliation
3

complaint, and there has been some confusion regarding what forms
are necessary to initiate an EEO complaint. We were also ordered
to provide Petitioner with a "table of organization" of the EEO
office in the Bureau of Prisons, as Petitioner asserts a
"bureaucratic runaround" in her efforts to seek compliance with
the August 1994 settlement agreement. Both the court and the
AUSA do not seem pleased with the way Petitioner's EEO issues
were passed from person to person between 1994 and 1996.
On June 19, 1997, a TRO pearing was held by Judge McBryde on the
matter of Jimmy Lee Rebman v. USA. et ale Mr. Rebman is an
inmate at FMC Fort Worth seeking mandamus/injunctive relief
relevant to an cornea transplant. Judge McBryde ordered the
government to meet with plaintiff's attorney the following day
with a plan of action or schedule for the cornea transplant. A
cornea transplant was scheduled to take place within two weeks,
with a follow-up cataract surgery once the transplant surgery .
site heals.
State of Missouri v. Dennis W. Clark, CR-49586F. SCRO Attorney
attended a hearing where the Missouri Public Defender sought to
compel the testimony of an employee at FCI Seagoville in a state
court trial. The state court's subpoena was filed with a Dallas
County Court. We contested the motion under 28 C.F.R.
§ 16.22 et seg.
The Public Defender'S motion was denied.
However, a deposition was allowed.
On June 27, 1997, FCC Beaumont legal staff attended a Treaty
Transfer Consent Hearing before Magistrate Judge Radford,
E.D.Tex., for inmate GUTIERREZ-LARA, Jorge. The U.s. Attorney's
. Office requested the Legal Department's assistance insofar as the
inmate will be produced for the hearing and the format is unknown
to the AUSA.
MEDICAL MALPRACTICE

LITIGATION
Jose Ramirez v. Joe Aguirre. et al., EP-97-CA-002H (WD/TX)
In this Bivens action, an inmate with a coronary.condition from
FPC El Paso alleges that staff displayed deliberate indifference
to his serious medical needs.
TORTS
John Henry Topsy filed tort claim T-SCR-96-445 seeking
$750,000.00. Topsy claimed that the Bureau was negligent in
4

treating his dizziness after falls he said occurred in 1995 while
at FCI Bastrop and an unnamed transfer facility.
The claim was
denied.
Eric Michael Lawrence filed tort claim T-SCR-470 seeking $60,000.
Lawrence claimed that the Bureau was negligent in treating his
diabetes because he received his insulin as long as two hours
later in the day on weekends than on weekdays, and because blood
sugar levels were not consistently tested on weekends at FMC Fort
Worth. The claim was denied.
FCI Texarkana inmate Juan Carlos Rodriguez-Gonzalez requests
$150,000.00 for personal injury. He alleges that medical staff
at FCI Texarkana misdiagnosed and mistreated his eyes. He
asserts further malpractice by their referral to doctors in the
community. Specifically, he states laser photocoagulation of his
eyes was not performed properly resulting in eye injury.
(T-SCR-97-155)
Inmate Charles McMeans contends that the medical staff at FMC
Fort Worth have denied him hip replacement surgery.
Mr. McMeans states that he needs hip replacement surgery due to a
fall he suffered at FCI Bastrop on the basketball court, and most
recently in the dining hall at FMC Fort Worth. Both
Mr. McMeans and his wife, Veronica McMeans, previously filed
separate administrative tort claims for damages they alleged were
caused when Mr. McMeans fell on the basketball court at FCI
Bastrop. Both claims were denied. He currently seeks
$1,500,000.00 in damages.
(T-SCR-97-217)
RODRIGUEZ-GONZALEZ, Juan - Mr. Rodriguez-Gonzalez alleges that
during February 1996, medical staff at FCI Texarkana misdiagnosed
and performed negligent treatment to his eyes. He contends that
laser photocoagulation on his eyes was not performed properly and
as a result he has sustained permanent damage to his eyes.
He
seeks $150,000.00 in damages. Mr. Rodriguez-Gonzales was
released on May 6, 1997, to INS custody in Dallas, Texas.
(T-SCR-97-155)
ESTUPINAN-VASQUEZ, Emery - Inmate at FCI La Tuna contends that in
1994 he injured his ankle while playing soccer and was advised by
staff that it was okay. However, in 1995, he states he began to
experience more pain and noticed muscle loss. Alleges negligence
for not providing medical treatment for his Achilles tendon.
Seeks $500,000.00.
Investigation revealed inmate was evaluated for a fracture with
negative results shortly after the injury. A consultation was
5

requested on June 17, 1994, but the inmate was not evaluated by a
specialist until November 1994, at which time it was determined
that the inmate had suffered a ruptured Achilles tendon.
Mr. Estupinan-Vasquez was evaluated on multiple occasions. On
September I, 1994, he was instructed to not run or jump until
evaluated by specialist, at which time Mr. Estupinan-Vasquez
declined to use a cane, and stated that he did not need it.
There is a history of ankle pain dating back t 1992, and the
medical record indicates that Mr. Estupinan-Vasquez reinjured the
same ankle while playing soccer in May 1995.
In May 1995, he was
treated for an injury to the left leg, which he reported to have
injured playing soccer a couple of days before.
Institution and Regional medical staff acknowledge that there was
a delay in diagnosing the rupture; however, there is no
indication that the delay caused any damage.
WOODS, CAROLYN - Ms. Woods is presenting a claim on behalf of
Audrey M. Woods, Nathaniel Woods, and herself. Ms. Woods, an
inmate at FMC Carswell, alleges that staff at FMC Carswell failed
to provide her mother, inmate Elizabeth Scallion, emergency
medical care when she suffered a cardiac arrest on November 8,
1996. Ms. Woods further claims that staff prevented a "licensed
inmate paramedic" from providing life saving techniques .. The
claim is being rejected because Ms. Woods did not meet the
requirements of Title 28 CFR 14.3 for a wrongful death claim.
(T-SCR-97-178)
JAMIESON, Alisa - alleges she has a history of bladder and kidney
troubles and is allergic to sulfa/sulfer. However, the staff at
FTC Oklahoma City prescribed Bactrium, which is a sulfa-based
medication.
Inmate claims her condition has worsened and she is
in pain and discomfort.
Inmate seeks $50,000 in compensation.
(T-SCR-97-189)
.
FTC Oklahoma City inmate, John Rohrbach, claims that while he was
cleaning the stainless steel in Food Service, chemicals got
in his eye and that medical care was delayed.
Inmate seeks
$15,000 in compensation.
(T-SCR~97-176)
FANTROY, Richard - alleges at FMC Fort Worth he was given the
wrong medication, which has resulted in emotional distress and
inability to digest food properly. He claims personal injury in
the amount of $500,000.
Investigation pending.
(T-SCR-97-74)

SIGNIFICANT TORT CLAIMS

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

An administrative claim has been submitted by a company named
Leaseall, Inc. The claim is signed by Sandy Carr, Manager for
Leaseall, Inc., and she states that their truck was damaged when
a vendor was driving the truck out of Gate 1 at FCC Beaumont and
the gate was closed on the truck. There is nothing with the
claim to indicate that the incident occurred, or Ms. Carr's
authority to make the claim.
(T-SCR-97-134)
On May 6, 1997, staff vehicles parked in the parking lot at FTC
Oklahoma City were damaged when Facilities staff and inmates were
spraying paint on the baseball backstop fence.
To date, we have
received 62 claims ranging from $100.00 to $2,000.00. As
reported by Warden Guzik, there is some indication that
approximately 180 vehicles sustained some type of damage.
Inmate Vernon Ray Robertson at FTC Oklahoma City alleges staff
were negligent in failing to protect him from a state prisoner
whom the BOP knew was violent.
Inmate claimed he was assaulted
and sustained numerous injuries, including a broken hand and a
crooked finger because it was not set properly.
Inmate Robertson
seeks $300,000.00 in comparison.

The SCRO offered settlement to David Nolte, a Texarkana employee,
in the amount of $1,938.19 for damage sustained to Mr. Nolte's
pickup, which was struck by an unsecured barrier gate. The sum
certain is in the amount of $1,942.49.
(T-SCR-97-172)
Abdul Mohammed Haliq of FMC Fort Worth, alleges he slipped and
fell on a wet floor. Allegedly there were no signs posted
warning of the wet floor. As a result of his fall, he alleges he
broke his back. Claims personal injury in the amount of
$1,500,000.
Investigation pending.
(T-SCR-97-112)
Inmate John Rohrbach claims he was cleaning stainless steel when
the chemicals got in his eyes and that he couldn't wash
his eyes because the only eyewash station had "boiling" hot
water. This is a work-related injury and falls under Demko,
except the inmate also alleges delay in receiving medical
treatment.
Inmate seeks $15,000.00 in compensation
(T-SCR-97-176)
Inmate Vernon Ray Robertson alleges staff were negligent in
failing to protect him from a state prisoner whom the BOP
allegedly knew was violent.
Inmate claimed he was assaulted and
sustained numerous injuries, including a broken hand and a
crooked finger because it was not set properly.
Inmate
. Robertson seeks $300,000.00 in compensation. (T-BOP-97-15)
Wali Muhammed, an inmate housed at FMC Fort Worth, alleges that
he is being deprived of functional electrical stimulation therapy
and other medical treatments for his paralysis. He contends that
he has completed the Bureau of Prisons 500 hour drug program, but
has been denied the one year release because of a firearms
conviction. Thus, he claims the denial of medical care.
Mr. Muhammed contends that the stimulation therapy will allow him
to regain his ability to walk. Mr. Muhammed seeks $5,000,000.00
for neglect, mental anguish, and emotional distress.
(T-SCR-97-216)

SIGNIFICANT ADMINISTRA TIVE REMEDIES
An FCI Big Spring inmate,

Edgar Fuller, filed an administrative
remedy citing violations of the RFRA. He alleges the Chaplain
denied him access to the chapel; did not allow him to pray, teach
or testify; and denied him the right to offer communion. The
Chaplain documented each meeting with inmate Fuller with copious
notes. Representatives from the Pentecostal church visit the
institution monthly and offer communion. Communion is also
8

offered ten times each month, and the Chaplains offered to give
him communion in their offices whenever he felt communion was
necessary.
The Chaplains also offered to attempt to have
representatives from the Pentecostal church come more often.
Inmate Fuller insisted this was not sufficient to meet his needs.
Fuller believes his needs will only be met once he is permitted
to conduct his own services and he is allowed to offer communion
LO his inmate group. Inmate Fuller has advised the Chaplain that
he was a member of the c~ergy prior to coming to prison. The
administrative remedy was denied at the institutional level.
Inmate Fuller has promised lively litigation on this issue. On
April 12, 1997, Chaplain Wright wrote an incident report against
Fuller for Refusing to Obey an Order, by conducting church
services without permission. This incident report was informally
resolved by the Chaplain.

BELIGIOUS FREEDOM RESTORATION ACT
LIT.IGATION

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

A home-confinement inmate, David Bishop, alleged constitutional
violations when the BOP would not allow him to leave home
frequently to conduct field witnessing. The inmate claimed
that field witnessing was an essential tenet of his belief as a
Jehovah's Witness. SCRO did not have to respond to this issue
because the inmate subsequently made threats of assault on a
staff member and was returned to full custody.
Inmate William Mills received an incident report for refusing
to obey an order as he refused to be housed with an African
American inmate. During the investigation and unc, the inmate
failed to raise any religious issues. The inmate has filed a
BP-9 citing his religious beliefs are of a white separatist
9

nature and he can not go against his beliefs. He requests the
incident report be expunged. Sentry indicates religious
preference as Native American.
Inmate claims his religious
preference as Brotherhood of the Will, which is not a BOP
recognized religion.

ENSIGN AMENDMENT:
LITIGATION
Milford Topsy v. Michael Purdy. et. al., CA-C-97-229, SD/TX
Inmate at FCI Three Rivers alleges his various rights have been
violated/denied due to BOP's implementation of the Ensign
Amendment because staff rejected three magazines.
Plaintiff
challenges the Ensign Amendment as overly broad in defining
terms, unconstitutionally vague, and against his First and
Fourteenth Amendment rights.
Harrell v. Hawkins (Hawk), CIV-97-48-A (WD/OK)
(Update - the case was originally reported last quarter)
We
have received a favorable Report and Recommendation from the
magistrate judge. A similarly favorable ruling is expected.

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

LITIGATION
LOC

NUM

FTC

BIV

OTH

ANB

PEN

CLD

HIT

BET

AWD

171

MXR
NBR
BBR
NCR
BCR

WXR

CO
TOT
NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOT AL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

loc

num

pppi

med

set

amt

pen

den

alo

alp

scr

182

147

3084

221

124

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - A vg number of days Overdue
AlP - A vg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

· October 15, 1997

Quarterly Report - SCRO
7/1/97 - 9/30/97

SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
JUL Y 1, 1997 - SEPTEMBER 30, 1997

SIGNIFICANT CASES
Fowler v. USA, 97-2006 (ED/LA). Coleatha Fowler'and Adrian Perry
brought a Federal Tort Claims action in the Eastern District of
Louisiana.
Fowler and Perry are the administrators of the
estates of Ricardo E. Lopez' two minor children. Lopez was
murd~red by Albert Young while Young was participating in the
home confinement program. Plaintiffs allege that the Bureau
failed to properly monitor Young's home confinement. The
assigned AUSA filed an answer and is currently drafting a Motion
to Dismiss.
McAlpine v. Thompson, 94-1406-L (WD/OK). This case has reached
the 10th Circuit Court of Appeals. The case involved our denying
the inmate his use of peyote during religious ceremonies.
However, because the inmate was released from.BOP custody in
November 1996, the AUSA will argue that the petitioner's request
·for relief is moot.
Anez S. Robinson v. United States of America. C.A. No. 97-051,
(SD/TX).
Plaintiff alleges that he broke two metal rods in his
back when he fell from an exercise bicycle. A broken seat on the
bicycle caused the fall.
Plaintiff alleged BOP employees were
the proximate cause of his injury by not insuring the seat on the
exercise bicycle was tight before allowing inmates to use it.
Plaintiff alleges nothing has been done to repair the broken rods
and he is totally disabled and unable to work.
Plaintiff claims
undue physical/emotional pain and suffering and is seeking
$3,000,000.00, and any other relief deemed appropriate by the
court.
Rocha v. Reno, A-97-CA-549-SS (WD/TX). This case was filed
pursuant to Title VII of the Civil Rights Act of 1964.
Plaintiff
alleges discrimination based upon national origin and age when
another person was offered the position the plaintiff sought at
FeI Bastrop.

Spanjol v. USA, 4:94-CV-237 (ED/TX). Wrongful death case
involving treatment at several institutions. The Court ruled in
our favor, stating that although there may have been some
negligence, it was not the proximate cause of his injury.
FCI La Tuna reports receipt of Jacquez v. United States. et al.,
EP-97-CA-311-H.
This is one of three cases involving the same
issue - that inmates were allowed to take and successfully
complete certain college classes, but were never issued
transcripts for the completion of those classes.
SCRO will
handle these cases.

CASES WITH SETTLEMENT OR AWARD
a.

Adverse judgments
In Martinez v. Fleming, A-97-CA-OI0-SS (WD/TX), an FCr
Bastrop habeas petition, Judge Sparks ruled that an inmate
convicted of 21 U.S.C. Section 841(a) (1) with a two-point
enhancement for possession of a weapon in connection with a
drug offense is not a violent offender for the purposes of
early release under 18 U.S.C. Section 3621(e). Notice to
Appeal has been withdrawn.
rn Donald Pettigrew v. Fleming, A-97-CA-088-SS (WD/TX),
another Fcr Bastrop habeas petition, Judge Sparks ruled that
an inmate convicted of 21 U.S.C. Section 846 with a twopoint enhancement for possession of a firearm during the
course of the conspiracy is not a violent offender for the
purposes of early release under 18 U.S.C. Section 3621(e).
The Daas v. Henman case from FDC Oakdale was settled for
$2,500 and converted from a Bivens to an FTCA case.
The case involved allegations of improper placement of
the inmate in Administrative Detention when inmate
threatened to file lawsuits and sent threatening
correspondence to the Warden.
Caldwell v. United States (WD/OK). This 1989 F.TCA case from
Fcr EI Reno was settled for $1,000.00.
Sinks v.Slade, EP-97-CA-116-F. The Fcr La Tuna petitioner
challenged the BOP's determination that he was ineligible
for early release because his crime was considered a crime
of violence.
The District Court ruled that the inmate's two
point enhancement cannot make him ineligible for early
release because it is not a conviction.

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

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

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

CASES WITH HEARING OR TRIAL
Robert Horey v. Warden Woods. et al., C.A. No. C-97-292 (SD/TX).
The inmate's cell became flooded with sewage. He seeks damages
for prolong exposure to harmful waste and improper sanitization.
A Spears hearing was conducted on July 14, 1997. The Magistrate
Judge is to submit her recommendation. Three defendants have
been dismissed.
Banks v. USA, A-95-CA-292 (WD/TX), was tried in Austin on
August 11. Phase I only addressed the issue of whether the
United States was liable for the plaintiff's alleged slip and
fall in an FCI Bastrop housing unit in 1994. The Magistrate
Judge, citing a need to research the issue of the admissibility
of some of the evidence, has not yet ruled on the question of
liability.
Four Mental Health Commitment Hearings, under provisions of
18 U.S.C. 4245 were held at FMC Carwell.

MEDICAL MALPRACTICE
LITIGATION

Cancio v. John Stone, A-97-CA-544-SS (WD/TX). Bivens action
against HSA at FCI Bastrop alleging deliberate indifference in
treatment provided for an injured finger.
Martinez v. U.S.A .. Significant medical malpractice case,
alleging negligence by Bureau staff at FCI Bastrop, first by the
medical staff in failing to treat his ankylosing spondylosis
appropriately, and second by unit officers in failing to secure
medical attention while he suffered paralysis and excruciating
pain for several days.
Tommy Tompkins v. John Doe, et al., H-97-1894 (SD/TX).
This
Bivens-type lawsuit involves the medical care he received at
several SCRO and NCRO institutions relating to cancer in his
mouth. Much of the'treatment was provided by consultants. He
seeks a minimum of $75,000 for physical pain and mental anguish
from delays in providing care and surgery. This case will be
reported in our October monthly report.
TORTS

Brian Fuller has filed a tort claim requesting damages in the
amount of $3,241,000.00. This claim replaces a lawsuit the
inmate voluntarily dismissed.
Inmate filed his lawsuit pro se,
but has now hired an attorney for his tort claim. Allegations in
the tort claim originated at FCI Seagoville, but also involve FC!
Three Rivers and FCI Bastrop.
Inmate is requesting compensation
for delay in surgeries (two) retaliation; allergic reaction to
medication; loss of future earning capacity; disfigurement;
future medical expenses; and future pain and suffering.
Throughout the proceedings for the lawsuit, the AUSA and Clinical
Director were confident there was no BOP negligence.
(T-SCR-97-240)
Horace Jackson, T-SCR-97-381, $1,500,000.
FMC Fort Worth
alleging negligent infliction of mental anguish and emotional
distress for failure of BOP to surgically remove a G.K. nail from
his hip, causing pain and difficulty in walking.
GUERRIERI, Mario - Mr. Guerrieri, an inmate housed at FMC Fort
Worth, ~lleges that he contracted a staph infection after he
underwent surgery at the contract hospital (Texas Osteopathic
Hospital) in Fort Worth, Texas. He contends that after the
surgery he was returned to the institution and on the third day
he was told that he had a staph infection from either the
"doctor's tools or from the operating room." Mr. Guerrieri also
4

contends that medical staff at FMC Fort Worth have failed to
treat him for a nerve condition which resulted after he had two
strokes in a county jail. Mr. Guerrieri seeks $750,000.00 for
past and future pain and suffering.
(T-SCR-97-276)
JAMIESON, Alisa - Ms. Jamieson alleges that while she was housed
at FTC Oklahoma City, BOP medical staff administered a sulfa
drug.
Further, she states that the PA acknowledged that the drug
she had been prescribed was sulfa, immediately confiscated the
medication, and ordered new medication. Ms. Jamieson states that
she did not receive any of the medications and as a result of her
high fever she became dehydrated and was taken to a local
hospital f9r treatment. She seeks $50,000.00 in damages
(T-SCR-97-189)
RODRIQUEZ, Jesus - Mr. Rodriquez, an inmate housed at FMC Fort
Worth, alleges that he fell while he was housed at the EI Paso
County Jail, prior to being sentenced, and sustained a hernia.
The sentencing judge recommended that he be housed at a medical
facility in order to have the hernia surgically repaired.
Mr. Rodriquez contends that medical staff at FMC Fort Worth have
refused to provide the surgical repair because his sentence is
too short. Mr. Rodriquez seeks $1,500,000.00 for past and future
pain and suffering. (T-SCR-97-298)
PETERSEN, Justin - Claimant asserts FCI Bastrop staff failed to
provide a proper prosthesis and prosthetic socks for the
amputated stump of his left leg. He also states that due to the
negligence in the maintenance of a hazardous situation in the
shower and in his cell, claimant suffered a fall in each of those
places. (T-NCR-97-150).
CARTER, Norma - A memorandum-of law was sent to DOJ via the
Central Office.
It is anticipated that a settlement offer of
$150,000 will be made. A denial letter was sent to Claimant's
counsel, but was primarily intended to motivate him to provide
additional documents as to her current medical status and seek
reconsideration in order that settlement negotiations could
begin.
(T-SCR-97-28) .
MAY, Charles - Mr. May is currently housed at FC! Oakdale;
however, he alleges that he fell from a top bunk at FC! Bastrop
on August 5, 1996. Mr. May contends that he has not received
proper medical attention for the injuries to his back since the
fall.
Mr. May further states that the Bureau of Prisons medical
staff failed to provide proper medical treatment for a knee
problem, which resulted in his falling from the top bunk at FC!
Bastrop. Mr. May seeks $500,000.00 for past and future pain and
suffering. (T-SCR-97-239).

,JOHNSON, Timothy - Timothy Johnson filed a claim seeking
$50,000.00 for a knee injury he sustained at FCI Oakdale.
Mr. Johnson alleges that he fell while playing basketball on
December 29, 1996, and that he received physical therapy, which
was indicated as necessary by an Orthopedic Surgeon. He contends
the therapy was stopped on May 9, 1997, by the therapist because
he was not responding. He further states that the physical
therapist indicated that further medical evaluation was needed.
Mr. Johnson states that he suffers from numbness, swelling,
popping, and burning sensations due to the instability of his
left knee.
He also states he was slapped by a staff member.
The
matter has been brought to the attention of Internal Affairs.
(T-SCR-97-238) .

SIGNIFICANT TORT CLAIMS
Wholesale Petroleum, a convenience store, has filed a claim for
damages received when a BOP semi truck, driven by FCI El Reno
staff, struck a canopy covering the fuel pumps.
Claimants are
seeking approximately $20,000.00 in damages.
(T-SCR-97-281).
The region forwarded its recommendation to Central Office, with
the determination to be made by DOJ.
Christopher Martinez, (T-SCR-97-338) and Bruno Diaz,
(T-SCR-97-357) were victims of an assault which occurred at FCI
Three Rivers during June 1997. Martinez is requesting
compensation of $60,000.00 for his injuries. Diaz is requesting
compensation of $30,000.00 for his injures. An initial review of
the SIS reports does not indicate the institution was aware these
inmates were in any type of danger.
'FPC Bryan reports that a tort claim has been filed for wrongful
death regarding inmate Hortencia Flores-Cabrera. The inmate
suffered liver failure and died as the result of INH-induced
Hepatitis. Health Services staff were disciplined regarding the
medical treatment afforded this inmate. There are concerns
regarding government liability. FPC Bryan is preparing a
memorandum of law to aid DOJ staff when considering whether to
offer a settlement in this case and how much the offer will be.

RELIGIOUS FREEDOM BESTOBA TJQN ACT
LITIGATION

ADMINISTRATIVE REMEDY
Inmate Sheri Cohen at FMC Carswell alleges religious
discrimination by staff. Response is pending. The case number
is 139831-R3.
6

FCI Texarkana reports that in Administrative Remedy 140091-Fl,
the inmate is requesting to have his religion recognized as
satanism.
FCI Texarkana is initially denying the request.

ENSIGN AMENDMENT:
LITIGATION
Received favorable Report and Recommendation from the
Magistrate Judge in the Harrell case. We expect that a
favorable final order is forthcoming.
Milford Topsy v. Michael Purdy. et al .. CA-C-97-229 (SD/TX).
Dismissed under PLRA requirements because inmate failed to
satisfy filing fees.
TORTS
Kenneth Herbert Linn - T-SCR-97-109 and T-SCR-97-111.
Inmate
complained that the 'Bureau of Prisons did not give inmates
sufficient notice of the new provisions of the Ensign Am~ndment
in time for inmates to contact and notify publishers to have
subscriptions routed to different mailing addresses.

LITIGATION

LOC

Nf1M

I FTC I BIV I

O'!!B

ANS

I PEN I

CLD

135

HI'!!

SET

I Aim I

HXR
NEB.

SER
NCR
SCR

JaR

CO
TO']!

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF A~TION - (INCLUDE INFO IN NARRATIVE)

October 15, 1997

Quarterly Report - SCRO
7/1/97 - 9/30/97

.SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
JULY 1, 1997 - SEPTEMBER 30, 1997

SIGNIFICANT CASES
Fowler v. USA, 97-2006 (ED/LA). Coleatha Fowler and Adrian Perry
brought a Federal Tort Claims action in the Eastern District of
Louisiana. Fowler and Perry are the administrators of the
estates of Ricardo E. Lopez' two minor children. Lopez was
murdered by Albert Young while Young was participating in the
home confinement program. Plaintiffs allege that the Bureau
failed to properly monitor Young's home confinement. The
assigned AUSA filed an answer and is currently drafting a Motion
to Dismiss.
McAlpine v. Thompson, 9,4-1406-L (WD/OK). This case has reached
the 10th Circuit Court of Appeals. The case involved our denying
the inmate his use of peyote during religious ceremonies.
However, because the inmate was released from BOP custody in
November 1996, the AUSA will argue that the petitioner's request
for relief is moot.
Anez S. Robinson v. United States of America. C.A. No. 97-0S1,
(SD/TX). Plaintiff alleges that he b~oke two metal rods in his
back when he fell from an exercise bicycle. A broken seat on the
bicycle caused the fall.
Plaintiff alleged BOP employees were
the proximate cause of his injury by not insuring the seat on the
exercise bicycle was tight before allowing inmates to use it.
Plaintiff alleges nothing has been done to repair the broken rods
and he is totally disabled and unable to work. Plaintiff claims
undue physical/emotional pain and suffering and is seeking
$3,000,000.00, and any other relief deemed appropriate by the
court.
Rocha v. Reno, A-97-CA-S49-SS (WD/TX). This case was filed
pursuant to Title VII of the Civil Rights Act of 1964. Plaintiff
alleges discrimination based upon national origin and age when
another person was offered the position the plaintiff sought at
FCI Bastrop.

,Spaniol v. USA, 4:94-CV-237 (ED/TX). Wrongful death case
involving treatment at several institutions. The Court ruled in
our favor, stating that although there may have been some
negligence, it was not the proximate cause of his injury.
FCI La Tuna reports receipt of Jacquez v. United States. et al.,
EP-97-CA-311-H. This is one of three cases involving the same
issue - that inmates were allowed to take and successfully
complete certain college classes, but were never issued
transcripts for the completion of those classes. SCRO will
handle these cases.

CASES WITH SEITLEMENT OR A WARD
a.

Adverse judgments

In Martinez v. Fleming, A-97-CA-010-SS (WD/TX), an FCI
Bastrop habeas petition, Judge Sparks ruled that an inmate
convicted of 21 U.S.C. Section 841(a) (1) with a two-point
enhancement for possession of a weapon in connection with a
,drug offense is not a violent offender for the purposes of
early release under 18 U.S.C. Section 3621(e). Notice to
Appeal has been withdrawn.
In Donald Pettigrew v. Fleming, A-97-CA-088-SS (WD/TX),
another FCI Bastrop habeas petition, Judge Sparks ruled that
an inmate convicted of 21 U.S.C. Section 846 with a
two-point enhancement for possession of a firearm during the
course of the conspiracy is not a violent offender for the
purposes of early release under 18 U.S.C.' Section 3621 (e) .
The Daas v. Henman case from FDC Oakdale was settled for
$2,500 and converted from a Bivens to an FTCA case. The
case involved allegations of improper placement of the
inmate in Administrative Detention when inmate threatened to
file lawsuits and sent threatening correspondence to the
Warden.
Caldwell v. United States (WD/OK). This 1989 FTCA case from
FCI El Reno was settled for $1,000.00.
Sinks v.Slade, EP-97-CA-116-F. The FCI La Tuna petitioner
challenged the BOP's determination that he was ineligible
for early release because his crime was considered a crime
of violence. The District Court ruled that the inmate's two
point enhancement cannot make him ineligible for early
release because it is not a conviction.

Bobby James Cammock v. Bureau of Prisons et al.,
C.A.C-96-196, SD/TX. ~ourt dismissed habeas petiti~n.

Court concluded that possession of a firearm by an illegal
alien (922g) is not a "crime of violence" pursuant to 18
U.S.C. § 3621(e) (B). The Court further stated IIthis legal
conclusion does not mean that petitioner is entitled to a
one-year reduction in his sentence. Section 3621 makes
clear
that the one-year reduction is discretionary with the BOP. II A
reconsideration motion has been filed.

Tort

Cla~

settlements

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

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

.CASES WITH HEARING OR TRIAL
Robert Horey v. Warden Woods. et al., C.A. No. C-97-292 (SD/TX).
The inmate's cell became flooded with sewage. He seeks dam~ges
for prolong exposure to harmful waste and improper sanitization.
A Spears hearing was conducted on July 14, 1997. The Magistrate
Judge is to submit her recommendation. Three defendants have
been dismissed.
Banks v. USA, A-95-CA-292 (WD/TX), was tried in Austin on
August 11. Phase I only addressed the issue of whether the
United States was liable for the plaintiff's alleged. slip and
fall in an FeI Bastrop housing unit in 1994. The Magistrate
Judge, citing a need to research the issue of the admissibility
of some of the evidence, has not yet ruled on the question of
liability.
Four Mental Health Commitment Hearings, under provisions of
18 U.S.C. 4245 were held at FMC Carwell.
MEDiCAL MALPRACTICE
LITIGATION

Cancio v. John Stone, A-97-CA-S44-SS (WD/TX). Bivens action
against HSA at FCI Bastrop alleging deliberate indifference in
treatment provided for an injured finger.
Martinez v. U.S.A .. Significant medical malpractice case,
alleging negligence by Bureau staff at FCI Bastrop, first by the
medical staff in failing to treat his ankylosing spondylosis
appropriately, and second by unit officers in failing to secure
medical attention while he suffered paralysis and excruciating
pain for several days.
Tommy Tompkins v. John Doe. et al., H-97-1894 (SD/TX). This
Bivens-type lawsuit involves the medical care he received at
several SCRO and NeRO institutions relating to cancer in his
mouth. Much of the treatment was provided by consultants. He
seeks a minimum of $7S,000 for physical pain and mental anguish
from delays in providing care and surgery. This case will be
reported in our October monthly report.
TORTS
Brian Fuller has filed a tort claim requesting damages in the
amount of $3,241,000.00. This claim replaces a lawsuit the
inmate voluntarily dismissed. Inmate filed his lawsuit pro se,
but has now hired an attorney for his tort claim. Allegations in
the tort claim originated at FCI Seagoville, but also involve Fcr
Three Rivers and FCI Bastrop. Inmate is requesting compensation
for delay in surgeries (two) retaliation; allergic reaction to
medication; loss of future earning capacity; disfigurement;
future medical expenses; and future pain and suffering.
Throughout the proceedings for the lawsuit, the AUSA and Clinical
Director were confident there was no BOP negligence.
(T-SCR-97-240)
Horace Jackson, T-SCR-97-381, $l,SOO,OOO. FMC Fort Worth
alleging negligent infliction of mental anguish and emotional
distress for failure of BOP to surgically remove a G.K. nail from
his hip, causing pain and difficulty in walking.
GUERRIERI, Mario - Mr. Guerrieri, an inmate housed at FMC Fort
Worth, alleges that he contracted a staph infection after he
underwent surgery at the contract hospital (Texas Osteopathic
Hospital) in Fort Worth, Texas. He contends that after the
surgery he was returned to the institution and on the third day
he was told that he had a staph infection from either the
"doctor's tools or from the operating room.'" Mr. Guerrieri also
contends that medical staff at FMC Fort Worth have failed to
treat him for a nerve condition which resulted after he had two
strokes in a county jail. Mr. Guerrieri seeks $750,000.00 for
past and future pain and suffering.
(T-SCR-97-276)
JAMIESON" Alisa - Ms. Jamieson alleges that while she was housed,

at FTC Oklahoma City, BOP medical staff administered a sulfa
drug. Further, she states that the PA acknowledged that the drug
she had been prescribed was sulfa, immediately confiscated the
medication, and ordered new medication. Ms. Jamieson states that
she did not receive any of the medications and as a result of her
high fever she became dehydrated and was taken to a local
hospital for treatment. She seeks $50,000.00 in damages
(T-SCR-97-189)
RODRIQUEZ, Jesus - Mr. Rodriquez, an inmate housed at FMC Fort
Worth, alleges that he fell while he was housed at the El P~so
County Jail, prior to being sentenced, and sustained a hernia.
The sentencing judge recommended that he be housed at a medical
facility in order to have the hernia. surgically repaired.
Mr. Rodriquez contends that medical staff at FMC Fort Worth have
refused to provide the surgical repair because his sentence is
too short. Mr. Rodriquez seeks $1,500,000.00 for past and future
pain and suffering. (T-SCR-97-298)
PETERSEN, Justin - Claimant asserts FCI Bastrop staff failed to
provide a proper" prosthesis and prosthetic socks for the
amputated stump of his left leg. He also states that due to the
negligence in the maintenance of a hazardous situation in the
shower and in his cell, claimant suffered a fall in each of those
places. (T-NCR-97-150).
CARTER, Norma - A memorandum of law was sent to DOJ via the
Central Office.
It is anticipated that a settlement offer of
$150,000 will be made. A denial letter was sent to Claimant's
counsel, but was primarily intended to motivate him to provide
additional documents as to her current medical status and seek
reconsideration in order that settlement negotiations could
begin.
(T-SCR-97-28).
MAY, Charles - Mr. May is currently housed at FCI Oakdale;
however, he alleges that he fell from a top bunk at FCI Bastrop
on August 5, 1996. Mr. May contends that he has not received
proper medical attention for the injuries to his back since the
fall. Mr. May further states that the Bureau of Prisons medical
staff failed to provide proper medical treatment for a knee
problem, which resulted in his falling from the top bunk at FCI
Bastrop. Mr. May seeks $500,000.00 for past and future pain and
suffering. (T-SCR-97-239).

JOHNSON, Timothy - Timothy Johnson filed a claim seeking
$50,000.00 for a knee injury he sustained at FC! Oakdale.
Mr. Johnson alleges that he fell while playing basketball on
Dece~e: 29, 1996, and that he received physical therapy, which
was ~nd~cated as necessary by an Orthopedic Surgeon. He contends
the therapy was stopped on May 9, 1997, by the therapist because
he was.not.re~ponding. He further s~ates that the physical
therap~st ~nd~cated that further med~cal evaluation was needed.

Mr. Johnson states that he suffers from numbness, swelling,
popping, and burning sensations due to the instability of his
left knee. He also states he was slapped by a staff member. The
matter has been brought to the attention of Internal Affairs.
(T-SCR-97-238) .

SIGNIFICANT TORT CLAIMS
Wholesale Petroleum, a convenience store, has filed a claim for
damages received when a BOP semi truck, driven by FC! El Reno
staff, struck a canopy covering the fuel pumps. Claimants are
seeking approximately $20,000.00 in damages.
(T-SCR-97-281).
The region forwarded its recommendation to Central Office, with
the determination to be made by DOJ.
Christopher Martinez, (T-SCR-97-338) and Bruno Diaz,
(T-SCR-97-357) were victims of an assault which occurred at FC!
Three Rivers during June 1997. Martinez is requesting
compensation of $60,000.00 for his injuries. Diaz is requesting
compensation of $30,000.00 for his injures. An initial review of
the SIS reports does not indicate the institution was aware these
inmates were in any type of danger.
FPC Bryan reports that a tort claim has been filed for wrongful
death regarding inmate Hortencia Flores-Cabrera. The inmate
suffered liver failure and died as the result of !NH-induced
Hepatitis. Health Services staff were disciplined regarding the
medical'treatment afforded this inmate. There are concerns
regarding government liability. FPC Bryan is preparing a
memorandum of law to aid DOJ staff when considering whether to
offer a settlement in this case and how much the offer will be.

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
ADMINISTRATIVE REMEDY
Inmate Sheri Cohen at FMC Carswell alleges religious
discrimination by staff. Response is pending. The case number
is 139831-R3.
FCI Texarkana reports that in Administrative Remedy 140091-Fl,
the inmate is requesti~g to have his religion recognized as
satanism. FCI Texarkana is initially denying the request.

ENSIGN AMENDMENT:
LITIGATION
Received favorable Report and Recommendation from the

Magistrate Judge in the Harrell case.
favorable final order is forthcoming.

We expect that a

Milford Topsy v. Michael purdy, et al .. CA-C-97-229 (SD/TX).
Dismissed under PLRA requirements because inmate failed to
satisfy filing fees.
TORTS
Kenneth Herbert Linn - T-SCR-97-109 and T-SCR-97-111.
Inmate
complained that the Burea~ of Prisons did not give inmates
sufficient notice of the new provisions of the Ensign Amendment
in time for inmates to contact and notify publishers to have
subscriptions routed to different mailing addresses.

LITIGATION
LOC
MXR
NER

NUM

FTC

BIV

ANS

PEN

CLD

BIT

SET

AWl)

135

SER

NCR
SCR
Ji.XR

co
TOT

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
. AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

FOIA/PA REQUESTS
LOC

NrJH

PROC

PEND

A/OD

A/P

MXR
NER

SER
NCR
SCR

129

130

26 DArs

DArs

;

rtXR

TOT
NARRATIVE ANALYSIS
DEFINITIONS

LOC - LOCATION
NUM - NUMBER FILED IN QUARTER
PROC - PROCESSED
PEND - PENDING
OD -OVERDUE
AlOD - AVERAGE NUMBER OF DAYS OVERDUE
AlP - AVERAGE LENGTH OF TIME TO PROCESS
CA - CIVIL ACTIONS FILED UNDER FOI/PA ACTS

Tort Claims Third Quarter - FY 97 (April 01, 1997 - June 30, 1997)loc
pppi wd
med set
amt
pen
den
od
alo
alp
141
111
18
1
0
11
53
10616 187
scr
116
Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - SettledlApproved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - Avg number of days Overdue
AlP - Avg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

num

seRO Quarterly Report
FY'98 First Quarter

1/15/98
SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
OCTOBER " 1997 - DECEMBER 31, 1997
SIGNIFICANT CASES
Hagenson V. Fleming, A-97-CA-0601, (WD/TX), Garcia V. Fleming,
A-97-CA-0646, (WD/TX), Sepeda V. Fleming, A-97-CA-06Q2, (WD/TX),
and Ceasar V' Fleming, A-97-CA-0635, are all 3621(e) (2) (b) early
release habeas corpus petitions from FCI Bastrop. The Magistrate
had recommended dismissal based on mootness.
In Sepeda and
Garcia, the court dismissed the cases without consideration of
Venegas. A Motion to Modify the Report and Recommendation was
filed and is pending in Hagenson and Ceasar.

(

Noel Edward Plunkett v, Joe Gunja. et. a., C.A. No. C-96-548,
SD/TX. Bivens. Plaintiff alleges named staff members from FCI
Bastrop conspired with staff members at FCI Beckley, West
Virginia, to effect his transfer. He further asserts racial
discrimination and retaliation as additional reasons for his
transfer.
Plaintiff alleges while he was illegally confined in
Special Housing, he was deprived of his right to participate in
religious services; deprived of the benefit of an adequate law
library; deprived of exercise; and deprived of inmate wages.
Plaintiff states he was subjected to mental suffering and anguish
as a result of the defendants deliberate indifference to his
safety. He requests punitive and compensatory damages no less
than $250,000.00; that defendants be restrained from harassment
and retaliation; costs of litigation; and any other relief deemed
appropriate.
David Robert Reyes v, M. A, Purdy, C.A. No. C-97-488, SD/TX.
Plaintiff asserts he relied upon the Government's representation'
that if he participated in the comprehensive drug program at FCl
Three Rivers, he would receive credit toward the reduction of his
sentence. He further asserts he was not aware that a prior
aggravated offense conviction would have an impact on his
qualifying for such credit.

Randall Lovelace V' Warden Conner, Civil Action NO. 5:97CV266,
ED/TX.
This inmate alleges his early release eligibility was
improperly denied because of an improper "crime of violence"
classification. He asserts the crime of Felon in Possession of
Firearm is not violent.

2645

Steven Sherrod v. Bob Guzik, CrV-97-1S30-L, WD/oK.
Plaintiff
disputes his ineligibility for early release due to a two-point
enhancement for possession of a firearm.
FPC Bryan report~ receipt of Debra Smith v. John Pendleton, a
Section 3621(e) habeas action in which the inmate challenges her
ineligibility for early release based upon classification of her
offense as a crime of violence. This two-point enhancement case
is pending in the Southern District of Texas.
Abr v. Reno - This FPC Bryan EEO related civil case continues to
be active. Plaintiff's counsel was granted permission to file an
EEO Complaint in late April regarding only her assertions of
retaliation. She was provided the forms by Central Office in
late June, yet did not file her complaint until November 18th, 38
days after the end of the 6-month continuance Judge Atlas
provided her. Judge Atlas also stated her court would lack
subject matter jurisdiction if the claim (essentially a contract
dispute) exceeded $10,000 (inclusive of both damages and
attorney's fees).
However, a demand letter was recently sent to
the AUSA seeking $25,000 and plaintiff's response to
interrogatories included claims for legal expenses, which alone
tota·led more than $10,000. The AUSA and paralegal will discuss
advising the Court that the EEO Complaint has just been filed,
and that plaintiff continues to seek monies well above the
Court's authority.to adjudicate. We expect the case will be
dismissed, and·Ms. Ahr and her counsel·will be referred to the
U.S. Court of Claims. Depositions of Ms. Ahr and Dr. Hill took
place on December 8, 1997. Currently before the Court is a
motion by Ms. Ahr's attorney to withdraw from this case.
Lee and Martinez. A decision was made that in light of the final
.court order, these inmates will be left in their CCC placements,
thereby giving them early release of only four and six weeks
respectively.
Pettigrew v. Fleming, A-97-CA-088-SS (WD/TX).
This Bastrop
inmate, who was an early release based on an adverse court
ruling, violated his supervised release and has returned to
Bastrop. He is no longer eligible for early release.
Sinks v. Slade, E-97-CA-116F (WD/TX). A Notice of Appeal was
filed on this Fcr La Tuna case. We recommended that the inmate
be brought back to the institution in light of the Venegas
decision and in consideration that the inmate was just recently
placed in the halfway house. The Department of Justice is
concerned about this approach because of the existing adverse
court order. Based upon these concerns and the briefing
schedule, it was decided that we would file our brief with the
5th Circuit and pursue any possibility for expedited review.
The
Office of General Counsel concurred with this course of action, and
the U.S. Attorney's office filed our brief on December 26, 1997.

(

2646

(

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

CASES WITH SETTLEMENT OR AWARD
a.

Adverse judgments
Fcr La Tuna reports adverse decisions in Embrey v. Slade,
EP-97-CA-040-H, and Lewis v. Slade, EP-97-CA-S2-H.
Inmates
filed petitions for writ of habeas corpus wherein they
challenged the BOP's decision not to grant their request to
have one year off their sentences pursuant to 18 U.S.C.
Section 3621(e). The District Court for the Western
District of Texas ruled that the BOP misinterpreted the
statute and the BOP's own policy, as it pertains to crimes
of violence, when the BOP disallowed both requests due to
the inmates' two point enhancements at sentencing.
These
decisions were handed down on November 21, 1997, and
November 2S, 1997, respectively, after the Fifth Circuit
upheld the BOP policy on this issue. Reconsideration was
requested for both cases. The district court applied
Venegas and found in the BOP's favor in regard to Lewis.
The BOP's request for reconsideration in Embrey is pending.

Loren Green v. USA, 4:96-CV-412-E (ND/TX).
Court used
theories under 18 U.S.C. 4042 to establish a duty and res
ipsa loquitur to find the U.S. SO% responsible for inmate's
burn. Judgment against U.S. for $7,500. We are
recommending an appeal. DOJ is awaiting the BOP's formal
recommendation.
Clark v. U.S., 3:9S-CV-702-T. The District Court granted
sentencing credit to defendant for the time period when the
state transferred him to federal custody for commencement of
sentence until the staff later learned the state improperly
released him· to federal custody. The Regional Office is
recommending appeal. The U.S. Attorney's Offige has not yet
agreed to support our position.
b.

Tort claim settlements
On November 7, 1997, the Department of Justice has requested
Treasury to issue a check for $16,800 for tort claim
T-SCR-97-281, filed by Wholesale Petroleum.· The claim
concerned damage to an overhead fuel station canopy which
was struck by a semi-truck driven by an FCI El Reno SORT
member.
The institution and region recommended to offer
settlement in the amount of $14,845.

2647

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

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

A Spears hearing was

Two telephonic hearings with Judge, AUSA, etc., in MCAnnich case,
Case No. C-96-132, Biyens case filed in Southern District of
Texas,' Corpus Christi Division. The first call involved
Interrogatories, and the second was related to the Motion for
Enlargement of Time for the Expert Report. The trial is set for
January 26, 1998.
The Loren Green trial was held November 3 in Judge Mahon's court.
See Adverse Judgment heading.

MEDICAL MALPRACTICE
LITIGATION
Tommy Tompkins y. John·Doe. This Bivens lawsuit involves the
medical care the inmate received at several SCR and NCR
institutions relating to cancer in his mouth.
Much of the
treatment was provided by consultants. He seeks a minimum of
$75,000 for physical pain and mental anguish from delays in
providing care and surgery. Responses have been and will be
filed for·each defendant. The OQM has reviewed the medical file
and believes the BOP followed the appropriate standard of care.
Domingo Abrego v. Bill Gurth. et. al., C.A. No. 97-452, SD/TX.
Plaintiff alleges deliberate indifference to. his medical needs at
FCI Three Rivers.
Plaintiff asserts he has a pinched nerve or
dislocated disc in his back because he was forced to work in
various jobs which aggravated a previous' back injury.
He further
asserts defendants refused to follow recommendations of several
specialists and as a result, he is confined to a wheel cha:r.
He

(

2648

is requesting a jury trial; compensatory and punitive damages of
$2,000,000.00 from each defendant; proper medical treatment; and
attorney fees.
Keith Blayne v. Bob Guzik. et al., CIV-97-0968-M (WD/OK).
Alleges FTC Oklahoma City staff delayed treating a keloid on his
ear, which constantly itches and hurts. He requests $10,000 in
silver for each day of lithe conspiracy" and staff to be
incarcerated. Staff claim they have taken care of his ear.
Berney BhYant y. GEK. et al. Mr. Bryant suffered an assault in
El Reno, resulting in brain damage. He alleges he has received
inadequate care while at FMC Fort Wor,th. He names three
defendants, two of whom are in Rehab~litation Services.
TORTS
None

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

Julio Villanueva, an inmate at FC! Three Rivers, is seeking
$200,000'.00 as compensation for suffering great physical pain,
mental stress, f~et and back problems, and kidney problems due to
lack of medical treatment. Despite his continued allegation of
great physical pain, claimant continues to play handball on a
regular basis. (T-SCR-97-426)

2649

Joseph Weaver, T-SCR-97-488, $750,000.000. Alleges negligence on
the part of BOP in treatment of osteomyelitis in 1994 at
Tallahassee and subsequent treatment at FMC Fort Worth. He
states he has never received treatment for his chronic
osteomyelitis infection and has not received a total knee
replacement. As a result, he suffered a heart indifference to
his serious medical needs.

SIGNIFICANTADMINISTBA fiVE REMEDIES
None

RELIGIOUS FREEDQM RESTORATION ACT

LITIGATION
None
ADMINISTRATIVE REMEDY

OTHER
None
(~

ENS:rGN

N«ENDMENT:

LITIGATION
None
TORTS
None

2650

· LITIGATION (OCTOBER I-DECEMBER 31, 1997)

I:Loa.. I NrM I Be I nC·I·BIV I OrB I ARB I PEN I CLD I HI']! I BE']! I AJlDI
.: ...... ,

.HXR~:
_.,

·DR,
:j'~:;
'".:.. ..

,.-

;NCRt
."

;;~C1f~

, JfJtR:
1:,- '. -:."

·co·

:'!'O']!

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
(~.
,~

LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

2651

rtl~iiT6~e"iiiati8l;Qtiff~~~~~Q~~-(~d!)~b~t~~~~iit~:l99~;:~~\.~;~.'.:"
'~~"~"""4P._." ..." .: •• .,..,....,.'w....,..•.(~ •.. ·.~r ~ ~~ '~"';'i(.!~":~" ,$~~~~.~
.".~.". ~·Y.~~.~~ te .• ,.,. ", .~r·'I:~ ....
•• .,. • •

.......

•.

.•

loc

num

pppI

med

set

amt

pen

den

alo

alp

scr

129

19854

132

124

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
00 - Number of claims Overdue
AID - A vg number of days Overdue
AlP - A vg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

(

••

2652

Disciplinary Self-Help Litigation Manual - Side