• MAR

8 ' 12 10: 4 1

FROM BOP SE REG COUNSEL

TO BOP-OGe

PAGE.001

u.s. Department of Justice
Federal Bureau of Prisons

Southeast Regional Office
$23 McDonough Boule'l;ard S.E.
Atlanta, Georgia )0315

March 8, 1993

Joyce Zoldak, Attorney, Associate General Counsel
Federal Bureau of Prisons
office of the General Counsel
320 First Street N.W.
20534
RE:

Monthly Report-February

Dear Joyce:

The following is provided as the monthly report to the office of
the General Counsel from the Southeast Regional Counsel.
Substantive Pleadings

None
~ettlements

None
Adverse Declsjons
None
J.:Lt~J

s and Hear i ngs

There is a pre-trial conference scheduled for April 1, 1993, in the

case of Beard v. Britton~ CV92-H-1397, (N.D.AL).
In this case the
inmate claims that he was transferred in retaliation to a civil
action he had previously filed in the Northern District of Alabama
and that the transfer, while officially medical in nature, was in
fact to remove him from the jurisdiction of the court.
Trial is set for April 14, 1993 in the case of Fuentes v. Rutledge,
90 - N ~ 1 1 97 - S , ( N • D . AL. ). Th e p I a i n t iff all e g est ha the ere ate d a
disturbance in the segregation unit when salt was not provided on
his food tray, and that unnecessary force was used to subdue him.
OPTIONAL FORM 99 17·90;

FAX TRANSMITTAL

soro

101

GENERAL S~R"ICES AOMINISTRATI{)N

MAR

8 '12 1121:42

FROM BOP SE REG COUNSEL

TO BOP-OGC

PAGE.002

Page Two

Monthly Report

Representation

n~t

Recommended

None
Trave 1 LLea'''e
On March 22-26, 1993, Sherree Sturgis, Yan Vandivier, and Earl
Cotton will travel to Puerto Rico to provide Ethics training to all
staff.
Earl L. Cotton, Assistant Regional COunsel will be on annual leave
the week of March 15-19, 1993.
Significant FTCA Claims
None

Significant Administrative

Remedie~

None

Situations of Interest

None
If additional information os needed, please feel free to contact me
at 404-624-8127, or 700-248-1127.
Sincerely,

,
J.'
~A.....

A. Eugene Dixon
Paralegal

_

£.

.,..

*.

...,

•

·1

'.

t66i g _ HdV
United States Government
Memorandum

Date:

March 19, 1993

Reply to
Attn. of:

Sherree L Sturgis, Regional I
Southeast Region, Bureau

Subject:

February, 1993 SER Litigation

To:

SER CEOs, Regional Administrators
Institution Paralegals and Attorneys
Wallace H. Cheney, General Counsel

New Cases
1. HUGH M. PRINCE

v.

U.s. BUREAU OF PRISONS

Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 93-A-86-N
Institution: Southeast Region
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate in a state correctional facility feels
that the BOP should designate the same correctional facility
his place of confinement for his federal sentence so that
may receive credit against his federal sentence for the
state time.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: February 3, 1993; Due: 02-1S.1993
Assigned to: Kenneth E. Vines; Assistant U.S. Attorney
Chief, Civil Division, Montgomery. AL ; Sharon Ragland,
Paralegal Specialist. Southeast Regional Office

3. HATHEL C. BOWDEN v..CHAJ:lLlE BOYKIN, et al
Court: NORTHERN DISTRICT Of::.'~BAMA ~ i
- - --- -Docket No.: CV 92-AR:'2241 =E
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject: DISCRIMINATION - INMATE
Facts Alleged: Inmate at TOG In 1993 alleges that he was
denied his promotion to grade 1 in UNICOR due to
discrimination.
Damages Req: $18,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: February 4, 1993; Due: 01·21·1993
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL ; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega
,-

4. DANNY LOWE v. GRAIG TUBBS, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 293-10
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: SAFETY
Facts Alleged: MNA Inmate in 1993 claims the recreation
yard at JES was unsafe due to on-going construction in the
area In 1991.
Damages Req: $500,000.00; Special Monitoring: O. Not
assigned to special monitoring
Rec'd in Legal: February 4, 1993; Due: 03-26-1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI.
Jesup

5. TODD E. REGAN v. DEPARTMENT OF JUSTICE, et al
Court: MIDDLE DISTRICT OF FLORIDA
2. ROBERT SPAULDING v. MR. BEASLEY, et al
Docket No.: 93-12-CIV-T-21B
Court: NORTHERN DISTRICT OF GEORGIA
Institution: FCI, Talladega
Docket No.: 1:92-CV-2019-JEC
Type of Case: Federal Tort Oaims Act
Institution: USP, Atlanta
Subject: ASSAULTS
Type of Case: Personal Liability Action (Bivens)
Facts Alleged: Inmate at JES In 1993 alleges that while an
Subject: WORK
inmate In TOG in 1991 he was detained against his will by
Facts Alleged: ATL Inmate In 1993 claims he Was
other inmates during the "Marielito Rior' due to the
intentionally singled out due to his race and fired from his
negligence of the staff. As a result, the Inmate suffered an
job in UNICOR.
aggravation of a pre-existing mental condition and
Damages Req: 2,000,000.00; Special Monitoring: O. Not
additional emotional and stress disorders.
assigned to special monitoring
Damages Req: $100.000.00; Special Monitoring: 1C9.
Rec'd in Legal: February 3, 1993; Due: US Attorney Not Served
Publicity /Impact on staff morale, 1991 TOG Riot
~SSJianE~ to: Curtis E. Anderson; Assistant U.S. Attorney.
Rec'd In Legal: February 4, 1993; Due: 02·14-1993
Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel. Assigned to: James R. Hilbert; Assistant U.S. Attorney,
, Atlanta
Tampa. FL; Gerelene Gooden. Paralegal Specialist, FCI.
Talladega

CEO Litigation Report
March 19, 1993
JEAN FILS THOMAS, et al v. WARDEN KNOWLES, et
SOUTHERN DISTRICT OF FLORIDA

Docket No. : 92·2710·CIV-DAVIS
Institution: MCC, Miami
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: MIA Inmate in 1993 complains that he should
be given credit for the time spent in the Community
Treatment Center. He also complains that the judge
ordered the BOP to grant such credn.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monnoring
Rec'd in Legal: February 4, 1993; Due: 01-17·1993
Assigned to: Maureen Donlan; Assistant U.S. At1orney,
Miami, FL ; Darrin C. Scot1, At10rney Advisor, SERO
7, UNITED STATES v. CHARLES PARRIS
Court: MIDDLE DISTRICT OF TENNESSEE
Docket No. : 92-1089
Institution: FCI, Tallahassee
Type of Case : Habeas Corpus
Subject: TRANSFERS
Alleged: Inmate at TAL in 1993 alleges he is
denied placement in a Levell institution
,ecause of mental conditions. He is being punished more
harshly because of Is mental condition.
Damages Req : 0; Special Monitoring: 0, Not assigned to
special monnoring
Rec'd in Legal: February 4, 1993; Due: 02·15-1993
Assigned to : Robert C. Watson; Assistant U.S. At1orney,
Nashville, TN; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee
8. ROWLAND LAMAR ALLEN v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV·941-RLV
Institution: Southeast Region
Type of Case: Habeas Corpus
Subject: TRANSFERS
Facts Alleged: Inmate in the U.S. Marshall 's custody
because of a bond revocation, has not been designated a
place to serve the remainder of his sentence.
Damages Req: 0; Special Monitoring : 0, Not assigned to
special monnoring
Rec'd in Legal: February 4, 1993; Due: ASAP
~o<,;""orI to: Jane W. Swift; Assistant U.S. At1orney, Atlanta,
; Gene Dixon, Paralegal Specialist, SERO

Page 2

19.

WILLIE E. SHEPPARD v. U. S. BOP, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 93·CV· 79-GET
Institution: USP, Atlanta
Type of Case : Mandamus
Subject: SENTENCING
Facts Alleged: Inmate at ATL in 1993 complains that he
should be given credn for time served In the state of Florida
while on federal parole.
Damages Req: 0; Special Monitoring : ID12, Case
management may be a problem, Less than 48 hours
response time.
Rec'd in Legal: February 4, 1993; Due: · 1993
Assigned to : Sharon Douglas Stokes; Assistant U.S.
A!1orney, Atlanta, GA ; Darrin C. SCOt1, At10mey Advisor,
SERO

10. RICHARD LEE SAVINA v. WANDA HUNT, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-2689
Institution: USP, Atlanta
Type of Case: Mandamus
Subject: AD REMEDIES
Facts Alleged: Inmate at ATL in 1992 claims that his
administrative remedies have not been investigated
properly. Demands access to administrative remedy Index.
Damages Req : 0; Special Monitoring : 0, Not assigned to
special monnoring
Rec'd in Legal: February 4, 1993; Due: 01-13-1993
Assigned to: Jane W. Swift; Assistant U.S. A!1orney, Atlanta,
GA ; Wanda Hunt, Staff Counsel, USP, Atlanta
11. PAUL KERSTEN v. BUREAU OF PRISONS, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 93-D003·CIV-BENAGES
Institution: MCC, Miami
Type of Case : Injunction
Subject: WORK
Facts Alleged: Inmate at MIA in 1993 complains that his job
detail was arbitrarily changed as a result of his filing this
complaint. As a result of the change In job detail, his access
to the courts has been hampered.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monnoring
Rec'd in Legal: February 4, 1993; Due: ·1993
Assigned to: Robyn J. Hermann; Assistant U.S. At10rney
Deputy Chief, Civil Division, Miami, FL ; Earl L Cot1on,
Assistant Regional Counsel, SERO

CEO Litigation Report
March 19, 1993

Page 3

BUREAU OF PRISONS, et al
NORTHERN DISTRICT OF ALABAMA

14. PAUL E. KERSTEN v. BUREAU OF PRISONS , et 81
Court: DISTRICT OF COLUMBIA
Docket No.: 93-{}00
Institution: MCC, Miami
Type of Case: FOI
Subject: COMMUNITY TREATMENT CENTERS
Facts Alleged: Inmate at MIA In 1993 complains that he has
been denied CTC placement In JES In 1992 as well as In
MIA in 1993. He also alleges that information concerning
his Incarceration was released that was false.
Damages Req: $100,000; Special Monitoring : 0, Not
assigned to special monhorlng
Rec'd in Legal: February 26, '993; Due: NONE, NO SUMMONS

No.: CV 92-AR-2589-E
Institution: FCI, Talladega
Type of Case : Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at TDG in 1993 alleges that beginning
in 1992, he has not received proper medical treatment for
his heart condition. He alleges that his heart medicine has
been arbitrarily cancelled and substituted for an inferior
brand.
Damages Req: $50,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec 'd in Legal: March 1, '993; Due: 03-01-1993
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL ; Gerelene Gooden, Paralegal Specialist,
FCI, Tallad ega

Assigned to: Robyn J. Hermann; Assistant U.S. Attorney
Deputy Chief, Civil Division, Miami, FL ; Sharon Ragland,
Paralegal Specialist, Southeast Regional Office

13. MARK STEPHEN PAYNE v. UNITED STATES, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92·PT -2772·E
Institution: FCI, Talladega
Type of Case: Federal Tort Claims Act
SulJ/ec:t:: ASSAULTS
Alleged: Inmate at MCK in 1993 complains that while
TDG in 1991, he was held captive and detained during the
Cuban Riot due to staff negligence. He lost property and
was denied food. He has suffered emotional pain as a
result.
Damages Req: $125,381.20; Special Monitoring : IC9,
Publicity /Impact on staff morale, 1991 TDG Riot
Rec'd in Legal: March 1, 1993; Due: 04-05-1993
Assigned to : Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL ; Van Vandivier, Deputy Regional Counsel,
SERO

15. SILVERIO JUAN LLERA v. BUREAU OF PRISONS
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 93-{}00
Institution: Fel, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: PROPERTY
Facts Alleged: Inmate at JES in 1993 alleges that while in
HOM in 1992, his personal property was destroyed as a
result of Hurricane Andrew. He alleges that staff was aware
of the natural disaster and did not nothing to protect his
interests.
Damages Req: $1357; Special Monitoring: IC8, Publicity /
Impact on staff morale, Resulting from 08·92 Hurricane
Andrew
Rec'd in Legal: February 26,1993; Due: ·1993
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
Savannah, GA; Angie Grider, Legal Intern, SERO

ISSUED.

16. DIEGO BEDOYA v. UNITED STATES
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: CV 93-142
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: TRANSFERS
Facts Alleged: Inmate at ATL in 1993 alleges that he is being
con sidered for an institutional transfer. He alleges that this
transfer will impede his access to courts.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: February 26, '993; Due: 02·13-'993
Assigned to: Sandra Middlebrook; Assi stant U.S. Attorney,
Atlanta, GA ; Wanda Hunt, Slaff Counsel, USP, Atlanta

Page 4

CEO Litigation Report
March 19, 1993
7. JOSEPH ODUAYBON ABURIME v. J. D. LAMAR

20. UNITED STATES v. HAROLD ACKERMAN, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-262-CR-GRAHAM
et No.: CV 293-26
Institution: MCC, Miami
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Type of Case: Habeas Corpus
Subject: CONDITIONS OF CONFINEMENT
Subject: SENTENCING
Facts Alleged: Inmate at JES in 1993 alleges that he Is being Facts Alleged: Inmate returned to MIA In 1993 during
reactivation after Hurricane Andrew alleges that conditions
detained beyond his release date because BOP failed to
in in administrative detention preclude him from having
grant all jail credit ordered by court. INS detainer creates
adequate meals and sleep.
double jeopardy.
Damages Req: 0; Special Monitoring: ICa, Publicity /Impact
Damages Req: 0; Special Monitoring: 0, Not assigned to
on staff morale, Resulting from 08-92 Hurricane Andrew
special monitoring
Rec'd In Legal: February 26,1993; Due: NA
Rec'd in Legal: February 26, 1993; Due: 03-09-1993
Assigned to: Barbara Bisno; Assistant U.S. Attorney, Miami,
Assigned to: Paul G. Justice; Assistant U.S. Attorney,
FL ; Sharon Ragland, Paralegal Specialist, Southeast
Savannah, GA; Wilson Moorer, Paralegal Specialist, FCI,
R&glonal Office
Jesup
• SOUTHERN DISTRICT OF GEORGIA

18. JUAN NUNEZ v. DENISE AASE, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 92-50185/'NEA
Institution: FCI, Marianna
Type of Case: Personal Liability Action (Bivens)
Subject: TELEPHONES
Alleged: Inmate at MNA in 1993 alleges that unlike the
inmates, he has not been allowed to phone his brother
another institution. She also refused to assist him with
information about his request for transfer.
Damages Req: $50,000; Special Monitoring: a, Not
assigned to special monitoring
Rec'd in Legal: February 12, 1993; Due: 04-06-1993
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S..
Attorney, Pensacola FL; Sterling Dawson, Paralegal
Specialist, FCI, Marianna

21. C. ED STOVER, et al v. BALDWIN COUNTY, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-40329-MMP
Institution: FCI, Tallahassee
Type of Case: Other, Medical Expenses Recoupment
Subject: MEDICAL TREATMENT
Facts Alleged: A physician's assistant at TAL In 1993 has
sued Baldwin County Jail Officials after he contracted
tuberculosis from an inmate transferred from there to TAL
without notifying TAL officials of his medicaJ condition. We
are evaluating the possibility of Joining the United States as
a party to recoup medical expenses workers compensation
has paid on behalf of the employee.
Damages Req: ; Special Monitoring: IA1, Precedent may be
important, May impact on nationwide polley,
Rec'd in Legal: February 26,1993; Due: NONE

~~~~~~~~~~~~~~~~~~~~ Ass~ned~:B~an~~o~As~sta~U.S.~om~,

19. JOSE JARAMILLO MONTOYA v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-78-0DE
Institution: USP, Atlanta
Type of Case: Mandamus
Subject: FINES
Facts Alleged: Inmate at ATL in 1993 complains the BOP is
pressuring him to pay a noncommitted fine which he claims
does not have to be paid until he is released. He also
alleges that he has not been allowed to review his BOP file
before he submits a request to see the Parole Board.
Damages Req: 0; Special Monitoring: 0, Not assigned to
IaI monitoring
'd in Legal: February 8, 1993; Due: 02-22-1993
'Assigned to: Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta, GA; Wanda Hunt, Staff Counsel, USP, Atlanta

Tallahassee, FL; Angie Grider, Legallntem, SERO

CEO Litigation Report
March 19, 1993

ignificant Activity on
xisting Cases
JAMES HENRY MORRELL v. UNITED STATES

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-1176-CIV-KEHOE; Type of Case: Federal
Tort Claims Act; Damages Req: 0
Subject: SAFETY Institution: FPC, Homestead, Florida
Facts Alleged: HOM inmate on work detail on base on
09-12-1988 was ordered to climb over fence. The fence
broke causing injury to head. neck and shoulder.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 06-05-1991
Significant Activity: 12-21-1992 Order denied inmate's
motion for reconsideration of the granting of the
government's motion to dismiss.
MICHAEL BAY v. FRED STOCK

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-361-JOF; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: INMATE DISCIPLINE Institution: USP, Atlanta
Facts Alleged: Inmate not advised of his right to remain
ent before interviewed relating disciplinary action at EGL
1991. Presently at ATL
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 02-14-1992
Significant Activity: 04-07-1992 Magistrate's report
recommends dismissal. 09-11-1992 Order dismisses case.
09-21-992 Appeal to Eleventh Circuit, 92-8920.

Page 5