(.e·
Date:

Reply to

United States Government
Memorandum
February 10, 1995

\if

Sherree L Sturgis. Regional Co~

Attn.ot:

Southeast Region. Bureau of P~~

SUbJect:

January, 1995 SER Utlgatlon

To:

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

V

3. CARLOS VELEZ v. MURRAY J. RIG GENS, at al
Coult. NORTHERN DISTRICT OF AJ.ABNM
Docket No.: 95-000
Institution: FCI, Talladega
Type of Case: Personal liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: TOG Inmate In 1994 alleges BOP faDed to
provide proper medical care for broken leg. The leg did not
heal correctly. became Infected. and Impeding normal use.
Damages Req: $41.000.000: Special Monitoring: 1C7.
Publicity Ilmpad on staff morale, Medical Malpractice:
SERO: Regional office staff are not alleged to be
Involved In this case.
Rec'd In Legal: February 7, 1995; Due: NONE. NO SUMMONS
ISSUED.

1. U.S. v. TIMOTHY HUME
Court. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CR-370
Institution: USP. Atlanta
Type of Case: Criminal Prosecution
Subject. CRIMINAL PROSECUTION, ASSAULTS
Facts Alleged: Assault by Inmate with knife on physician's
assistant at ATL In 1994. Trial on 01-24-1995. Staff Counsel
Mike Bredenberg attended the first day.
', . . .Damages Req: 0; Special Monitoring: IC2, Publicity I Impact
on staff morale, All employee suits.: SERO: Regional office
( •
'.",
staff are not alleged to be Involved In this case.
Rec'd In Legal: ~uary 26. 1995; Due: NA
Assigned to: Kent Alexander: U.S. Attorney, Atlanta. GA;
Mike Bredenburg. Staff Counsel, USP, Atlanta

Assigned to: Winfield J. Sinclair: Assistant U.S. Attorney,
Birmingham, At; Kathleen Kenney, Attorney Advisor, FCI.
Talladega

4. VINCENT COOLEY v. FEDERAL PRISON

INDUSTRIES~ et 81
Court: NORTHERN DISTRICT OF FLORIDA

Docket No.: 94-4OO90/MMP
Institution: FCI, Tallahassee '
Type of Case: Personal liability (Bivens) and Tort Action
Subject. WORK, SAFETY
Facts AI/eged: TAL Inmate In 1994 alleges his finger was
partially amputated because safety equipment was missing
from UNICOR equipment
Damages Req: $1.050,000; Special Monitoring: IB2. May be

~~~~~~~~~~~~~~~~~~-~a~~~~_~~~s~~M~~~~~~h~~~I~

U.s. Y. CUFFORD GENE BLACK, et al
Coult. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CR-387
Institution: USP, Atlanta
Type of Case: Criminal Prosecution
Subject. CRIMINAL PROSECUTION
Facts Alleged: Three ATL sentenced Inmates charged with
murder Inmate. Eduardo Wong In July, 1994. BOP plans to
move to different Institutions for security reasons. Court
appoInted defense counsel objected for access to counsel
reasons. At hearing held on 01-25-1995 Judge asked parties
to work out an arrangement We agreed to wait until trial
date Is set before moving. Htrial wDl commence soon. we
wit keep them here.
Damages Req: : Special Monitoring: 1C2, Publicity I Impact
on staff morale. All employee suits.; SERO: Regional office
staff are not alleged to be Involved In this case.
Rac'd In Legal: January 26, 1995: Due: NA
Assigned to: Kent Alexander: U.S. Attorney. Atlanta, GA:
Mike Bredenburg. Staff Counsel, USP, Atfanta
----------------3127

2.

(,

'"

~

of 11mb or body function.; SERO: Regional office staff are
not alleged to be Involved In this case.
Rec'd In Legal: February 7, 1995: Due: 02-15-1995
Assigned to: Roy F. Blondeau, Jr.: Assistant U.S. Attorney,
Tallahassee, FL; Ken Hyle. AttorneylAdvlsor, SERa
5. KENNETH HOLT KRAUSE, JR. v. DR. PETREA
Court: SOUTHERN DISTRICT OF GEORGIA
DocketNo.: CV294-174
Institution: FCI, Jesup
Type of Case: Personal Uabnity Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at JES In 1995 alleges that his seizure
medicine was reduced IntentlonaDy.
Damages Req: $40,000: Special Monitoring: 1015, Case
management may be a problem, Representation dlfftcultles.;
SERa: Regional office staff are not alleged to be
Involved In this case.
Rec'd In Legal: Febnlary 7, 1995: Due: 03-03-1995
Assigned to: DoIora L Kennebrew; Assistant U.S. Attorney.
Savannah, GA; Michael Dedman, Paralegal Specialist, FCI,

Jesup

CEO Litigation Report
February 10; 1995

('

Page

9. JOSEPH WITCHARD v. J. D. LAMER, et 81
Court. SOUTHERN DISTRICT Of GEORGIA
Coulf: MIDDlE DISTRICT OF AUBAMA
Docket No.: CV-295-09
Docket No.: 94-T-1590-N
Institution: FCI, Jesup
Institution: FPC, Maxwell Air Force Base
Type of Case: Personal L1abOIty Action (Bivens)
Type of Case: Habeas Corpus
Subject: ACCESS TO COURTS, PROTECTIVE CUSTOD
Subject: SENTENCING, FURLOUGHS
SENTENCING, INMATE DISCIPUNE
.
Facts Alleged: Inmate at MON In 1994 alleges that he
Facts Alleged: JES Inmate In 1995 alleges prison officials
should receive credit towards his second sentence so that
took his legal materials and tax Information. Claims
he would be eligible for a furtough.
conspiracy among staff to deprive him of pre-trial JaD time
Damages Req: 0; Special Monitoring: 0, Not assigned to
credit. to force him Into protective custody and to sign
special monitoring; SERa: Regional office staff are not
documents relating to a disciplinary action.
alleged to be Involved In this case.
Damages Req: $2,500,000; Special Man/tOling: 0, Not
Rec'd In Legal: FebNaty 7, 1995; Due: 01-25-1995
assigned to special monitoring; SERO: Regional office
Assigned to: Artur G. Davis; Assistant U.S. Attorney,
staff are not alleged to be Involved In this case.
Montgomery, AL: Earl L Cotton, Assistant Regional
Rec'd In Legal: February 7, 1995; Due: ~1995 .
Counsel, SERO
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorne'
------------------~ Savannah, GA; Ken Hyle. Attorney/Advisor, SERO
.
7. PEDRO SANCHEZ-PAZ v. KATHERINE HAWK, et 81
10. ROBERT ERRA v. JOHN CANNON. et al
Coulf: NORTHERN DISTRICT OF FLORIDA
Court.
NORTHERN DISTRICT OF flORIDA
Docket No.: 94-502B4JRV
Docket No.: 95-50006RV
Institution: FCI, Marianna
Institution:
FCI, Marianna
Type of Case: Injunction
Type of Case: Mandamus
Subject: TRANSFERS
Subject MEDICAL TREATMENT
FactsAJleged: Inmate at MNA In 1995 alleges that he has
been the subject of transfers In retaliation for litigation
Facts Alleged: Inmate at MNA alleges he fell from upper
activities. Also beaten by staff at TAL
bunk In 1994 Injuring knee and has not received adequate
treatment
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
Damages Req: unspecified; Special Monitoring: IC7,
alleged to be Involved In this case.
Publicity I Impact on staff morale. Medical Malpractice;
SERO: Regional office staff are alleged to be Involved .
Rec'd In Legal: February 7, 1995; Due: 02.06-1995
this case.
Assigned to: Michael Finney; Assistant U.S. Attorney.
Rec'd
In Legal: February 7. 1995; Due: -1995
Pensacola. FL ; Stertlng Dawson. Paralegal Specialist, FCI,
MaMnM
.
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant u.
- - - - - - - - - - - - - - - - - - - Attorney, Pensacola FL; Sterling Dawson, Paralegal
Specialist. FCI, Marianna
8. WALTER JOHNSON y. UEUTENANT DAVIS, et al
Coult: NORTHERN DISTRICT OF GEORGIA
11. UNITED STATES v. LUIS PINILLOS
Docket No.: 95-000
Court.
SOUTHERN DISTRICT OF FlORIDA
Institution: USP, Atlanta
Docket No.: 88-498-CR-OAVlS-3
Type of Case: Personal Uabnlty Action (Bivens)
Institution:
Mee, Miami
Subject: ASSAULTS
Type of Case: Habeas Corpus
Facts Alleged: Inmate at LVN In 1995 alleges that he was
Subject:
SENTENCING, PAROLE
assaulted by staff whOe at All In 1994 during an
Interrogation In SHU.
Facts Alleged: Inmate at MIA In 1995 alleges that his
sentence has been computed under the new law Instead
Damages Req: $1,500,000; Special Monitoring: 0, Not
the old law making him Ineligible for parole.
assigned to special monitoring; SERa: Regional office
staff are not alleged to be Involved In this case.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
Rec'd In Legal: February7,1995; Due: -1995
alleg~
to be Involved In this case.
~/gned to: Curtis E. Anderson; Assistant U.S. Attorney,
Rec'd In Legal: February 7. 1995: Due: 01-26-1995
Chief. CIvD DMslon. Atlanta. GA; Mike Bredenberg, Staff
Assigned to: Robyn J. Hermann; Assists,. U.S. Attorney
~nsa.USP.AUama
--------------a3:;1~2'IJ-8Deputy Chief, Civi OMslon, Miami. FL: MIchael Pybas,
Senior Attorney Advisor, FOC. MCC, Miami
8. ALBERT LEE GRAHAM, SR. v. MICHAEL
GARRETT', et al

I)

CEO Litigation Report

February 10, 1995

(-

12. MILTON C.INCIARTE v. BOP OFFICER
WITHINGTON, at
Court. NORTHERN DISTRICT OF R.ORlDA
Docket No.: 94-40087-MP
Institution: Fel, Tallahassee
Type of Case: Personal L1abDlty Action (Bivens)
Subject REUGION, INMATE DISCIPUNE. MEDICAL
TREATMENT
Facts Alleged: Inmate at FTO In 1995 alleges that whOe at
TAt In 1994, he was continually harassed because of he Is
Jewish. Given disciplinary actions because he doesn't
speak English. Placed In second floor housing In spite of
medical restrictions.
Damages Req: $1,000,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: February 7. 1995; Due: -1995
Assigned to: P. Michael Patterson; U.S. Attorney.
Tallahassee. FL; Dan Rouse, Paralegal Specialist. FCI,
Tallahassee
------------------13. JAMES G. BUSH v. MIKE BUSH. et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 295-0007
Institution: FCI. Jesup
Type of Case: Personal LlabDity Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at JES In 1995 alleges that he did not
receive adequate medical treatment for back pain which
was misdiagnosed as allergy.
Damages Req: $750,000: Special Monitoring: IC7. Publicity
I Impact on staff morale. Medical Malpractice; SERO:
Regional office staff are not alleged to be Involved In this
case.
Rec'd In Legal: February 7. 1995; Due: 03-1G-1995
Assigned to: Oolora L Kennebrew: Assistant U.S. Attorney,
Savannah, GA; MJcha~ Dedman. Paralegal Specialist, Fet.
Jesup

a.

I

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,-....•

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3129

Page 3

14. RICHARD ADAM SMITH Y. WARDEN BUREAU OF
PRISONS
Court: NORTHERN DiSTRICT OF FLORIDA
DocketNo.: 94·50317
Institution: FCI. Marianna
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: MNA Inmate In 1995 alleges concurrent
federal sentence should be computed to commence when
Imposed Instead of when received In federal custody after
completion of state sentence.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional omee staff are not
alleged to be Involved In this case.
Rec'd In Legal: February 7, 1995: Due: 03-2().1995
Assigned to: Samuel A. Alter. Jr.; Supervisfng Assistant U.S.
Attorney•. Pensacola FL; Sterling Dawson. Paralegal
Specialist. FCI, Marianna
15. ROBERT JAMES FERRARI v. BUREAU OF
PRISONS. et 81
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 95.()()(J
Institution: FCI. Marianna
Type of Case: Personal liability Action (Bivens)
Subject PROPERTY
Facts Alleged: ATL Inmate In 1995 seeks payment for
depreciated value of stolen property unit officer secured
with property officer whDe Inmate received emergency
medical treatment
Damages Req: $330.60; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: FebNary 7,1995: Due: 03-13-1995
Assigned to: Curtis E. Anderson: Assistant U.S. Attomey,
Chief. Civil DivisIon. Atlanta, GA; Mike Bredenberg. Staff
Couns~.USP.AUa~

c

CEO Litigatio'n. Report
10, 1995
16. DONALD L MONROE v. SHERREE L STURGIS, at

18. TERRY CONNE.R v. DR. E. RUCKER, et al
Coult: NORTHERN DISTRICT OF flORIDA
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 94-50225
Docket No.: 1:94-CV·2773-FMH
Institution: Fel, Marianna
Institution: USP, Atlanta
.Type of Case: Personal Uabnlty Action (Bivens)
Type of Case: Personal UabDIty (Bivens) and Tort Action
Subject: MENTAL HEALTH, MEDICAL TREATMENT
Subject: PROPERlY
Facts Alleged: MNA Inmate aDeges Improper mental health
Facts Alleged: ATL staff lost his property In the maD In 1992. care In 1994, pennlttlng self mutDatlon by fallng to comply
with suicide prevention guidelines.
Deliberate concealment of loss.
Damages Req: $166; Special Monitoring: 0, Not assigned to Damages Req: $7,500,000; Special Monitoring: IB6. May be
financial liability. Other.; SERO: Regional omce staff are
special monitoring; SERO: Regional office staff are not
not alleged to be Involved In this case.
alleged to be Involved In this case.
Rec'd In Legal: February 9, 1995: Due: 03-24-1995
Rec'd In Legal: February 9,1995; Due: 03-22-1995
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Attorney, Pensacola FL; Ken Hyle, Attorney/Advisor, SERO
Chief, CMI Division, Atlanta. GA; Mike Bredenberg, Staff
Counsa,USP,AUanm
20. JOHN IBARRA Y. KATHY HAWKS, et al
17. DAVID J. BREWER Y. VIC LOY, et al
Court: DISTRICT OF SOUTH CAROUNA
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-190-2OJC
Docket No.: 95-000
Institution: FCI, EsUl1
Institution: FCI, Jesup
Type of Case: Personal UabDIty Action (Bivens)
Type of Case: Personal UabRIty Action (Bivens)
Subject. MEDICAL TREATMENT, CONDI110NS OF
CONFINEMENT
i>UUJrt:Jtil;. PRIVACY, MENTAL HEALTH, AD REMEDIES
Facts Alleged: EST Inmate In 1993 aDeges refusal of medica
Facts Alleged: JES Inmate alleges disclosure of
treatment and placement In smoking unit Insplte of allergy.
psychologist Interview and contents of his administrative
He was forced to work In spite of medical restrictions.
remedy In 1994 violated his privacy.
Damages Req: $350,000; Special Monitoring: 0, Not
Damages Req: $500,000: Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
assigned to special monitoring: SERO: Regional office
staff are not alleged to be Involved In this case.
staff are not alleged to be Involved In this case.
Rec'd In Legal: February 9, 1995: Due: 03-27-1995
Rec'd In Legal: February 9. 1995; Due: NONE. NO SUMMONS
ISSUED.
Assigned to: Jay Preston Strom; U.S. Attomey, Columbia.
Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney, SC; Jon M. Adduci. Paralegal Specialist, FCI, Esdi
Savannah, GA; MIchael Dedman, Paralegal Specialist, FCI,
Jesup
21. UNITED STATES Y. DAVID RONALD CHANDLER
- - - - - - - - - - - - - - - - - - Coult: NORTHERN DISTRICT OF NJSNM
18. WIWAM COHEN v. UNITED STATES
Docket No.: CR-90-H-266-E
Court: SOUTHERN DISTRICT Of GEORGIA
Institution: Southeast Region
Docket No.: CV-294-179
Type of Case: CRIMINAL PROSECUTION
Institution: FCI, Jesup
Subject: CRIMINAL PROSECUnON
Type 01 Case: Federal Tort Claims Act
Facts Alleged: Inmate with federal death sentence from
Subject: ASSAULTS
FALN, presently In state custody.
Facts Alleged: JES Inmate In 1992 alleges fanure to protect Damages Req: 0; Special Monitoring: IC11. Publicity I
him from assault by an Inmate with known violent
Impact on staff morale, Federal Death Penafly; SERO:
tendencIes who should not have been assigned to a camp.
Regional office staff are not alleged to be Involved In thl
The Inmate attacked with a folding chair resulting In coma
case.
and brain surgery.
Rec'd In Legal: February t. 1995: Due: ·1995
Damages Req: $5,000,000; Special Monitoring: 0, Not
AssIgned to: Walter E. Braswell; United States Attorney.
assigned to spec~ monitoring: SERO: Regional offlce
Birmingham. At; US Atty, Regional Counsel, SERO
staff are not alleged to be Involved In this case.
Rec'd In Legal: February 9. 1995; Due: 03-20-1995
3130
Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney,
Savannah, GA; Eart L Cotton, Assistant Regional Counsa,
al

(~:

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Page 4

CEO Litigation Report
Febru~ry 10, 1995
22. ALEXANDER FITZWILSON FACEYv. PAT DAVIS,

elal
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-40346
Institution: Fel, Tallahassee
Type 01 Case: Personal LlabRIty Action (Bivens)
Subject. ASSAULTS, SAFElY, CONDITIONS OF
CONFINEMENT .
.
Facts Alleged: TAL Inmate alleges In 1993 his hnd was
Injured and he was beaten In a riot caused by unrest
between hispanic and black Inmates.
Damages Req: $6.000.000: Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: February 9. 1995; Due: 03-15-1995
Assigned to: P. Michael Patterson; U.S. Attorney.
Tallahassee. FL: Dan Rouse. Paralegal Specialist. Fel.
Tallahassee

•

U.s. v. CUFFORD GENE BLACK, at II
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CR-387; Type 01 Case: Criminal
Prosecution: Damages Req:
Subject. CRIMINAL PROSECunON, TRANSFER
Institution: USP, Atlanta
Facts Alleged: Three ATl sentenced Inmates charged with
murder of Eduardo Wong In Jtjy, 1994. BOP plans to movl
to different Institutions for securtty reasons. Court
appointed defense counsel objected for
to counsel
reasons.
Spec/al Monitoring: 1C2, Publicity /Impad on staff morale,
All employee suits.
Date Case Filed: 1994
.
SlgnNicant Activity. At 01-25-1995 hearing, the Judge asked
the parties to work out an arrangement. We agreed to walt
untD trial date Is set before moving. If trial wUl commence
soon, we wUl keep them here.

access

23. RICHARD E. SMITH, M.D. v. UNITED STATES, et al
Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 95-000
Institution: FCI, Estill
Type 01 Case: Other. Contract
Subject: EMPLOYEES CLAIMS
Facts Alleged: Employee doctor at EST In 1994 alleges he
InvoluntarDy terminated his employment for health reasons
after facUlty faUed to provide him with adequate staffing.
Relocation expenses taken out of remaining pay. Initially
filed In SC state court. 95-CP"()7-68.
Damages Req: $32.000: Special Monitoring: 1C2. Publicity /
Impad on staff morale. All employee suits.; SERO:
Regional office staff are not alleged to be Involved In this

WILLIAM ROGER BOONE v. FEDERAL BUREAU OF
PRISONS
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94..2182-C1V-WDF; Type of ease: Habeas
Corpus: Damages Req: 0
Subject: SENTENCING Institution: MeC, Miami
Facts Alleged: Inmate at MIA In 1994 aDegas that the Burea
Is not computing his sentence correctly after his parole wa~
revoked.
Spec/a" Monitoring: 0, Not assigned to special monitoring
Date Case FIled: 10-24-1994
S/gnNicant Activity: 01-03-1995 Dismissed for faDure to
exhaust admInistrative remedies.

case.

JAMES ROLAND CLARK Y. FRED J. STOCK, et a.
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-cv-743-CAM: Type 01 Case: Habeas
Corpus; Damages Req: 0
Subject: MEDICAL TREATMENT InstltutJon: USP, Allant
Facts Alleged: Inmate at ATL In 1994 aDeges that he has nc
received proper diagnostic procedures for spots on his
lungs that was found In Aprl, 1992.
Special Monitoring: 1C7. Publicity /Impad on staff morale.
Medical Malpradlce
Date Case Filed:
Slgnfficant Activity. 01-31-1995 Dismissed.

Rec'd In Legal: February 9. 1995: Due: 03-1 ...1995
Assigned to: Barbara Bowens: Assistant U.S. Attomey,
Columbia. SC: Ken Hyle. Attomey/Advlsor. SERO

(

Page.

24. PETER REED v. BUREAU OF PRISONS, et al
Court. NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-5287
Institution: FCI, Tallahassee
Type of Case: Personal Llabnlty Action (Bivens)
Subject: DISCRIMINATION
Facts Alleged: TAL Inmate In 1994 alleges discrimination
where guard allegedly made racist and homosexual remarks.
Damages Req: $8.750.000; Special Monitoring: 0, Not
assigned to special monltorfng: SERO: Regional offtce
staff are not alleged to be Involved In this case.
Rec'd In Legal: February 9.1995; Due: ·1995
Assigned to: P. MIchael Patterson; U.S. Attorney.
Tallahasse.,. FL; Dan Rouse, Paralegal Specialist. Fct,31
TaDahassee

PageS

CEO Litigation Report
FebruarY 10, 3995

co

MICHAELW. GILTNER v. UNITED STATES
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-SOO95I\W; Type of Case: Habeas Corpus;
Damages Req: 0
Subject. SENTENCING Institution: FPC, Tyndall Air
ForceBa.
Facts Alleged: Inmate at TYN In 1993 alleges that he should
receive credit for time spent on bond.
Spec/al Monitoring; 0, Not assigned 10 special monitoring
Date Case Filed: 04-23-1993
Signiflcant Activity. 01-06-1995 Order dismisses case with
preJudice. The Inmate is not entitled to JaB credit for time on

IERI~f:tn

LEE, et al v. RICHARD THORNBURGH
• NORTHERN DISTRICT OF GEORGIA
Docket No.: l:90-CV-l350-JOF; Type of Case: Employment
DiscriminatIon; Damages Req: unspecified wages and
earnings
Subject DISCRIMINATION Institution: USP, Atlanta
Facts Alleged: Black Employees at ATL aJ1ege
discrimination based on race because denied promotions.
05-24-1993 Three day trial was attended by Earl Cotton.
Special Monitoring: IC2, Publicity I Impact on staff morale,
All employee suits.
Date Case Filed: 06-22-1990
SignNicant Activity: 01-17-1995 Eleventh Circuit affirms.
09-14-1994 Appeal to Eleventh Circuit. 94-8637. Magistrate
Judge Dougherty. sitting as Special Master entered a report
after the trial finding that Lee had not proved a prima facie
case of discrimination. The palntiff filed obJections.
03-30-1994 Order adopts report. dismisses case.

bond.

u.s. Y. TIMOTHY HUME
Coult: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CR-370; Type of Case: Criminal
Prosecution; Damages Req: 0

~~~~~~~~~~~~~~~~~'~tC~MI~LPROSECUnO~ASSAU~

(PO

UNITED STATES v. EDWARD LEWIS DUNBAR, JR.
Court: SOUTHERN DISTRICT OF MISSISSIPPI
Docket No.: J89-OOO69-B; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING, MEDICAL TREATMENT
,nSZllUlJron: Fel, Tallahassee
Alleged: Inmate at TAL In 1994 seeks a humantarian
release due to his Dlness.
Special Monitoring: 0, Not assIgned to special monitoring
Date Case Filed: 12-13-1994
Significant Activity: 01-06-1995 Order dismisses motion for
early release. The cance'r treatment provided to the
prisoner meets and exceeds Constitutional mandates. The
court has no authority to grant early release for
humanitarian reasons except on a motion from the dIrector
of the Bureau of Prisons.

a.

(,
\ •

GEORGE EVANS y. VIC LOY, et
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: eN 294-98; Type of Case: Mandamus; Damages
Req:O
Subject SERVICE OF PROCESS Inst/tutlon: FCI, Jesup
Facts Alleged: Inmate at JES In 1994 aDeges that several
employees at JES refuse to accept service concerning the
underlying case. He seeks a writ of mandamus from
Warden Loy to Instruct the employees to accept service.
Special Monitoring: 0, Not assIgned to special monitoring
Date Case Filed: 09-11-1994
Significant Activity. 01-09-1995 Order dismisses case for
faOure to make service within 120 days d the Issuance of
the summons.
3132

Institution: USP, Atlanta
Facts Alleged: Assault by Inmate with knife on physician's
assistant at ATL In 1994.
Special Monitoring: IC2, Publicity /Impact on staff morale,
All employee suits.
Date Case Filed: 1994
Signiflcant Actlvify: 01-24-1995 Trial. Staff Counsel Mike
Bredenberg attended the first day. Inmate's defense Is that
he was not mentally responsible because BOP refused to
supply prescription drugs he had been previously taking.
Trial on going.

.

WlWAM T. IRWIN v. J. MICHAEL QUINLAN, et al
Court: SOUTHERN DISTRICT OF GEORGIA
DocJcet No.: CV291-Q5; Type of Case: Mandamus: Damage~
Req: 0
Subject ACCESS TO COURTS InstJtutJon: FCI, Jesup
Facts Alleged: Denied access to legal property and medical
care at JES In 1991. Seeks transfer to Miami.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01..()9-1991
S/gniflcant ActMty. 12-15-1994 Eleventh Circuit affirms.
12-15-1994 Dismissal affirmed for faOure to exhaust
administrative remedies. 07-11 ..1994 Appealed to 11 th
Circuit. 92-8665. 11-15-1991 Dismissed for faBure to
exhaust admInistrative remedies. Appealed to 11 th Circuit.
Appeal dismissed 03-26-1992. 05-14-1992 Order dismisses
case In chief without prejudice for faOure to exhaust
administrative remedies.

Page 4

CEO Litigation Report
Fe
10, 1995
RALPH JONES v. WIWE THOMPSON, et al
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-A.{;()6-N; Type of Case: Personal Uabnlty
Action (Bivens): Damages Req: $6.000,000
Subject. FURLOUGHS Institution: FPC, Maxwell Air
Force Baae
Facts Alleged: Inmate at MON In 1994 alleges that he was
not granted a furtough to attend his father's funeral because
of racial discrimination.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: OS-20-1994
S/gnKlcant Activity: 01-23-1995 Order adopts 01'()S-1995
maglstrate's report. grants summary Judgement. dismisses

case.
CHARLES LEQUIRE, et 81 v. ATIORNEY GENERAL OF
u.s., et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-120B-RLV; Type of Case: Personal
UabOity Action (Bivens): Oamages Req: $125.000.00
Subject. MEDICAL TREATMENT, ASSAULTS
Institution: USP, Atlanta
Facts Alleged: Inmate at ATL alleges that the defendants
harrassed him and used excessive force resulting In bruises
and abrasions on wrists, waist and anldes. He was refused
. medical attention by staff.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 05-22-1992
S/gniflcant Activity: 12-22-1994 Order dismisses case.
Inmates have no right to correspond with Inmates In other
Institutions. To prove a Constitutional violation for the use of
force. an Inmate must prove an objective component. which
Inquires whether the alleged wrongdoing was objectively
harmful enough. and a subjective component which InquIres
whether the officials acted with a sufficiently c~pable state
of mind. In this case. the officers were faced wllh a situation
In which they were trying to control an Intoxicated. unruly.
disruptive Inmate. The Inmate has not shown that his
bruises were not the reslA of his own actions. He cannot
show that the force used was not used for the purpose of
restorl~g discipline. Bruises are not always a serious
medical need.
------------------

(

.•
3133

KEITH MAUNG v. JANET RENO, at al
CoUIt NORTHERN OISTRICT OF FLORIDA
Docket No.: TCA 93-40174-WS: Type of Case: Habeas
Corpus: Damages Req: 0
Subject. SENTENCING Institution: FCI, Tallahassee
Facts Alleged: Inmate at TAL In 1993 alleges that he should
receive credit for time served under house arrest.
Special Monitoring: O. Not assigned to special monitoring
Date Case Flied: 06-25-1993
S/gnlflcant Activity: 08-17-1994 Dismissed. An Inmate Is 001
entitled to Jan credit for time spent on bond. even If there arl
restrictive conditions.
ROBERT MCCOVERY v. W.J. THOMPSON
Coutt: MJDDLE DISTRICT OF ALABAMA
Docket No.: 94-T-256-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject. SENTENCING Institution: FPC, Maxwell Air
Force Base
Facts Alleged: Inmate at MON In 1994 alleges that he
should receive credit for the time spent on house arrest.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 03'()2-1994
Significant Activity: 01-24-1995 Appeal to Eleventh CIrcuit.
94-6489. Inmate asks permissIon to me appellate brief late.
05-18-1994 Order adopts magistrate's report. dismisses
case. Costs taxed to Inmate.
HERBERT LOUIS MILLER Y. DARLEEN MCCLUNG, et a
Court: NORTHERN DISTRICT OF ALABAMA .
Docket No.: CV-93-HM-0431-NE; Type of Case: Personal
UabDity Action (Bivens); Damages Req: $5000
Subject: INMATE DISCIPUNE, ACCESS TO COURTS
Institution: Southeast Region
Facts Alleged: Inmate presently detained In local JaD was
housed at a half-way house In 1993 and states he was.
disciplined based on false Information. He also aDeges tha
rial
fis ed which ha
hi
his legal mate s were con cat
mpers s
pursuit of a pending action. CN 92-7107.
Spec/al Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03'()S-1993
Significant Activity. 11-17-1994 Notice of appeal to Eleventi
Circuit. 09-23-1994 Order adopts magistrate's report.
dismisses case. 09'()1-1994 The magistrate's report
recommends dismissal for faOure to state constitutional
claims.

PageS

CEO Utigatlon Report

February 10;'1.995
RIl:::HA.HD DAVID PARKER Y. K. W. READ. et 81
Court. SOUTHERN OISTRICT OF GEORGIA
Docket No.: CV294-37; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: INMATE DISCIPUNE. ACCESS TO COURTS
Institution: Fel, Jesup
Facts Alleged: Inmate at SM alleges that whOe at JES In
1992, he was disciplined for possession of contraband
documents, some of which were received as part of
discover In his criminal case. Claims denial of access to
courts because of the confiscation of the documents.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 03-24-1994
Significant Activity: 01-04-1995 Order adopts magistrate's
report. grants govemment's motion for summary
Judgement. dismisses case. 12-02-1994 The magistrate's
report recommends dismissal.
----------------WIWAM L PATCH Y. UNITED STATES
Court. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-1109-FMH: Type of Case: Federal Tort
Claims Act (FTCA); Damages Req: $70.00
Subject: PROPERlY Institution: USP, Atlanta
Facts Alleged: Inmate alleges his legal documents were lost
( . , when transferred to PET from ATl In 1993.
".
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 04-22-1994
Slgnlncant Activity: 11-29-1994 order grants the
govemment's motion to dismiss.
-----------------WlWAM L PATCH y. UNITED STATES BUREAU OF
PRISONS, at al
Court. SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV293-173;. Type of Case: Personal UabUIty
ActIon (Bivens): Qamages Req: $2025.20
Subject: PROTECnvE CUSTODY Institutlon: FCI, Jesup
Facts Alleged: Inmate at JES In 1993 alleges that he was
placed In protective custody In violation of his due process
rights.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 12-01-1993
Slgnlncant Activity: 05-19-1994 Order adopts magistrate's
report. dismisses case. 05-27-1994 Inmate mes notice of
appeal to Eleventh Circuit. 94-8639. 01-Q4-1995 Appeal
dismissed for taOure to pay filing fee.
------------------

"a

3134

STAN PHIWPS Y. u.S. BUREAU OF PRISONS
Coutt: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-2566.JOF: Type of Case: Ton;
Damages Req: $1,412.00
Subject PROPERTY Institution: USP, Atlanta
Facts Alleged: Inmate at ATL In 1994 alleges that the BOP
has faDed to retum property that was taken from him when
he was transferred from F1W In 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 11 ~8-1993
SlgnUicant Activity. 01-31-1995 Order dismisses case. The
court does not have subject matter Jurisdiction of this case
because It Involves the detention of property by a law
enforcement official. The case falls within the 28 U.S.C.
2680(c) exception to the Federal Tort Claims Ad.
SOUTH CAROUNA, THE STATE OF Y. DAVID JEPSEN
Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 94GS25..()486; Type of Case: Other, Criminal
Prosecution: Damages Req: 0
Subject CRIMINAL PROSECUnON Institution: FCI, Estill
Facts Alleged: SC Is prosecuting Inmate for the murder of
Inmate Solomon GObert at EST on 07-10-1994. Crime will
be prosecuted by the state because federal Jurisdiction of
EST property has not yet been obtained.
Special Monitoring: 181. May be financlalilabnity. All cases
Involving a death.
Date Case Filed: 08-29-1994
S/gnHicant Activity: 01-30-1995 Trial scheduled In county
court. Earl Cotton traveled to EstUI on 01-23 to assist In
witness preparation. He wUl attend and assist with trial.
CLYDE TURNER y. BUREAU OF PRISONS, et ·a.
Court. NORTHERN DISTRICT OF ALABAMA
Docket No.: 91-H~812-E; Type of Case: Personal UabDIty
Action (Bivens); Damages Req: $1,000.000
Subject: ASSAULTS Institution: FCI, Talladega
Facts Alleged: Claims officer at MNA told Inmates that PL
was a snitch In 1989. Transferred to TOG with a group of
MNA Inmates so that problem followed. Forced to house
with an Inmate with whom he had prior problems. Assaulted
by the Inmate on 10-04-1990. Other assaults by Inmates as
a result of being labeled a snitch.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 04-12-1991
Significant Activity: 01-17-1995 Dismissed because of the
Inmate's tanure to prosecute the claim.

Page 9

CEO Utigatlon Report
February 10, 1995
". AoNNIE" WHITE Y. JANET RENO, at a.

( .oun: NORTHERN DISTRICT OF GEORGIA
,

Docket No.: 1:94-CV-1823-RLV: Type of Case: Equal
Employment Claim: Damages Req: $100,000
Subject. DISCRIMINATION Institution: USP, Atlanta
Facts Alleged: Former employee of ATl alleges that he was
terminated from his job as a result of racial dlsclmlnatlon.
After several discussions. a settlement offer was
contemplated which was later rejected. The plaintiff also
alleges that this settlement offer was rejected.
Special Monitoring: 1C2. Publicity I Impact on staff morale,
All employee suits.
Date Case Flied: 07-20-1994
SlgnHicant Activity: 11 ~-1994 Dismissed without prejudice
via voluntary stipulation.

()

313

.-'
)

I

i
:

.

.

'-::.1~(:'g

..• ' Nr
"', (.n ~

Ij

M~morand. 1 3 95
j:

Marc~i6r ~:~5... , .

Sherrt~"l:S!u.rgIS,

co~/

Reply to
Attn. of:

Regional
Southeast Region, Bureau of prl

Subject:

February, 1995 SER Litigation

To:

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

U

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-0663-CR-GRAHAM
Institution: MCC. Miami
Type of Case: Habeas Corpus
Subject: CRIMINAL PROSECUTION VISITING
Facts Alleged: Inmate at MIA in 1995 seeks permission to

confer with a codefendant who Is not Incarcerated.
Damages Req: 0; Special Monitoring: 0, Not assigned to

special monitoring; SERa: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 1, 1995; Due: -1995 .
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,

Deputy Chief, Civil DMsion, Miami, FL; Michael Pybas,
Senior Attorney Advisor, FDC, MCC, Miami

New Cases
1. JONATHON DANIEL KELTON v. UNITED STATES,
et al
Court: NORTHERN DISTRICT OF AlABAMA
Docket No.: 94-2601
Institution: FCI, Talladega
Type of Case: Habeas Corpus
...
Subject: SENTENCING
( ~acts Alleged: Inmate at TOG In 1995 seeks designation of

'-'" .ederal institution for service of state sentence.
Damages Req: 0: Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to ,be involved In this case.
Rec'd In Legal: March 1, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,

Birmingham, AL; Kathleen Kenney, Attorney Advisor, FCI,
Talladega
2.

ii

3. UNITED STATES v. FRANCISCO
lCASTILLO-CHAVEZ

United States Government

Date:

i

J

U.S. v. ANDRE MILTON, 'et al

4. WAYNE CHARLES v. UNITED STATES BUREAU OF
PRISONS, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 295-29
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject: VISITING
Facts Alleged: Inmate at JES In 1995 alleges that he was

denied visitation rights with an approved visitor.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: March 1, 1995; Due: 04-10-1995
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney,

Savannah, GA; Michael Dedman. Paralegal Specialist, Fel,
Jesup
5. JOHN WILUAM MUNSON v. JANET RENO

Court: MIDDLE DISTRICT OF AlABAMA
Docket No.: 95-000
Institution: Southeast Region

Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleg9d: Inmate at a state facility alleges that his state

and federal sentences should run concurrent.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd in Legal: March 1, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: Kenneth E. Vines; Assistant U.S. Attorney,

. "'Chief, Civil Division, Montgomery, AL: Ken Hyle, Attorney
(.....•Advisor, SERO

3117

Court: NORTHERN DISTRICT OF FlORIDA
Docket No.: 94-50267-LAC
Institution: Southeast Region
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: Inmate alleges that he has an Indeterminate

sentence as he is on a conditional release under a
prescribed regimen of treatment.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERa: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 1, 1995; Due: 02-28-1995
Assigned to: Samuel A Alter, Jr.; Supervising Assfstant U.S.

Attorney, Pensacola FL; Van Vandivier, Deputy Regional
Counsel, SERO

Page 2

CEO Litigation Report
March 6, 1995
..- •

(

6. ROBERT WILSON LAMB v. JANET RENO, et 81

YCourt: u.s. SUPREME COUAT
'.,.
·Docket No.: 95-000
Institution: Fel, Tallahassee
Type of Case: Mandamus
Subject: MANDAMUS
Facts Alleged: TAL inmate In 1995 alleges Bureau of Prisons
failed to follow procedures which unfairly prevented him
from being transferred to Eglin. He seeks information about
the decision not to transfer him and the sealing of his
records.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: RegIonal office staff are not
alleged to be involved In this case.
Rec'd in Legal: March 1. 1995; Due: -1995
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee. FL; Dan Rouse. Paralegal Specialist. FCI.
Tallahassee

7. UNITED STATES v. PAUL JENNINGS HILL
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-03118-01/RV
Institution: Southeast Region
Type of Case: Mandamus
"')SUbject: CRIMINAL PROSECUTION
(
Facts Alleged: Inmate with concurrent state (death
....
sentence) and federal sentences for killing doctor at
abortion clinic filed motion on 1-26-95 for order to show
cause as to why the Director should not be held In criminal
contempt of court for failing to take Inmate Into federal
custody.
Damages Req: 0; SpeCial Monitoring: ICll, Publicity I
Impact on staff morale, Death Penalty; SERO: Regional
office staff are not alleged to be Involved in this case.
Rec'd In Legal: March 1, 1995; Due: -1995
Assigned to: David McGee; Assistant U.S. Attorney,
Tallahassee, FL; Van Vandivier, Deputy Regional Counsel,
SERO

3118

Significant Activity on
Existing Cases
MALCOLM FRAZIER

v.

SABRINA JOHNS, et
Court: NORTHERN DISTRICT OF FLORIDA

al

Docket No.: 94-30125/RV; Type of C~se: Mandamus;
Damages Req: 0
Subject: CENTRAL MONITORING AD REMEDIES
Institution: Fel, Tallahassee
Facts Alleged: Inmate at PEN In 1993 alleges that he was
given a CIM's classification In violation of federal
regulations. He also alleges that he was not allowed to seek
his administrative remedies concerning the Issue.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 10-06-1993
Significant Activity: 02-06-1994 Dismissed with preJudice.
UNITED STATES

v. PAUL JENNINGS HILL

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-03118-01/RV; Type of Case: Mandamus;
Damages Req: 0
Subject: CRIMINAL PROSECUTION
Institution: Southeast Region
Facts Alleged: Inmate with concurrent state (death
sentence) and federal sentences for killing doctor at
abortion clinic filed motion on 1-26-95 for order to show
cause as to why the Director should not be held In criminal
contempt of court for falling to take inmate into federal
custody.
Special Monitoring: IC11, Publicity I Impact on staff morale.
Death Penalty
Date Case Filed:
Significant Activity: 02-21-1995 Advised that inmate has'
withdrawn suit.
HOWARD OTTO MASTERS v. GEORGE ELLEN HURST

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-50169/LAC; Type of Case: Personal Uabnity
Action (Bivens); Damages Req: $100,000
Subject: VISITING MARRIAGES Institution: FCI, Marianna
Facts Alleged: Inmate at MNA In 1994 alleges that he Is
being denied his visitation rights with his wife.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 04-15-1994
Significant Activity: 02-02-1995 Dismissed with prejudice
because of Inmate's failure to provide updated address after
release.

Page 3

CEO Litigation Report
March 6, 1995
.EONAf10 WALTERS v. J.D. LAMER, et al
(
~OUIt: NORTHERN DISTRICT OF FLORIDA
'"
Docket No.: 93-40215-MMP; Type of Case: Personal Liability
Action (Bivens); Damages Req: $800,000
Subject: SENTENCING Institution: Fel, Tallahassee
Facts Alleged: Former Inmate from TAL seeks monetary
compensation for allegedly not being released on the
appropriate date due to a miscalculation of his credits.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-27-1993
A ..
1995 0 d
d
9 7
4
,Significant ctlVlty: 01-19r er a opts 0 -2 -199
magistrate's report, grants summary judgment. dismisses
case.
____________________

(

ROBERT DALE KELLER v. W. J. THOMPSON, et al
COUIt: MIDDLE DISTRICT OF ALABAMA
Docket No.: 93-D677-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FPC, Maxwell Air
Force Base
Facts Alleged: Inmate at MON in 1993 alleges that he
should not be incarcerated as It was the USM's fault in not
executing the court's sentencing order. not his.
Special Monitoring: 0, Not assigned to special monitoring
ate Case Filed: 05-28-1993
ignHicant Activity: 02-14-1995 Eleventh Circuit affirms for
fallure to exhaust administrative remedies, 94-Q520.

~
"

ELIAS PUGH v. MICHAEL GARRETT, et 81
Coult: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-D-1620-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: TRANSFERS COMMUNITY TREATMENT
CENTERS Institution: FPC, Maxwell Air Force Base
Facts Alleged: Inmate at MON In 1995 alleges that he was
arbitrarily transferred from a CCC.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 12-20-1994
Significant Activity: 02-21-1995 Dismissed without prejudice
to allow Inmate to exhaust administrative remedies.

311~

ROBERT H. BURNS v. C. LAWTHER, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-90-H-0475-E; Type of Case: Personal
Liability Action (Bivens); Damages Req: $2,500,000
Subject: MEDICAL TREATMENT Institution: Fel,
Talladega
Facts Alleged: Refused treatment at TOG In 1988 for
intestinal track problem. later tests showed gall bladder
had burst. 03-05-1992 Interlocutory appeal by (nmate
dismissed by Eleventh Circuit, 91-7814. 06-16-1993 Trial on
the merits was attended by Van Vandivier and Gere
Gooden. 07-19-1993 The court found there was no
negligence. The government's expert witnesses testifled
~~~~~caffi~s~~lw~~~~ffi~oo~ca~

skill and diligence as other similarly situated health care
providers in the same Une of practice ordinarily have
exercised In like cases. The Inmate presented no evidence
to the contrary. Alabama law Is clear that a plaintiff has the
obligation to counter defendant's expert testimony with
expert testimony In support of his claim.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-14-1990
Significant Activity: 02-14-1995 Inmate was entitled to Jury
trial. A special report Is not a pleading, so the demand for
jury trial was not untimely.

3. PAUL WENDELL CALHOUN, JR. v. VIC LOY

United States Government
Memorandum

Date:
Reply to
Attn. of:

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 295-44
Institution: Fel, Jesup
April 11 • 1995
Type of Case: Habeas Corpus
Subject:
SENTENCING
Sherree L Sturgis. Regional Coun¥/
Facts Alleged: Inmate at JES in 1995 alleges that he should
Southeast Region. Bureau of prisov

receive credit for time served while in state custody.

Subject:

March. 1995 SER Litigation

To:

SER CEOs. Regional Administrators
Institution Paralegals and Attorneys
Wallace H. Cheney. General Counsel
Joyce Zoldak. Associate General Counsel

Damages Req: 0; Special Monitoring: O. Not assigned to

special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 17, 1995; Due: 04-04-1995
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney,

Savannah. GA; Michael Dedman. Paralegal Specialist. FCI.
Jesup

New Cases
1. HENRY WYNN v.

4. DONALD H. GRODSKY v. UNITED STATES. et al

u.s. BUREAU OF PRISONS

Court: NORTHERN DISTRICT OF ALA.BMM
Docket No.: 95~OO
Institution: Southeast Region
Type of Case: Habeas Corpus

~

bJect:

SENTENCING
.ts Alleged: State Inmate seeks designation of state
.!lity for place of confinement for federal sentence.
"'oamages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.
Rec'd In Legal: March 17, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney.

Birmingham. AL; Denise Miles. Paralegal Specialist Trainee.
Southeast Regional Office

Court: EASTERN DISTRICT OF LOUISIANA
Docket No.: 95~785
Institution: FPC, Maxwell Air Force Base
Type of Case: Federal Tort Claims Act (FrCA).
Subject: MEDICAL TREATMENT
Facts Alleged: Former inmate at MON and EGL alleges that

he did not receive adequate medical treatment for an eye
problem in 1992 which has resulted in permanent damage.
Damages Req: $375.000; Special Monitoring: IB2. May be
financial liability. All cases involving injury which caused loss
of limb or body function.; SERO: Regional office staff are
not alleged to be Involved in this case.
Rec'd In Legal: March 17, 1995; Due: 0S-12-1995
Assigned to: Robert J. Boitman; ~.S. Attorney. New

Orleans. LA; Earl L Cotton. Assistant Regional Counsel.
SERO

2. CLAUDIO PEREZ-CALO v. THOMAS WOOTEN
Court. SoUTHERN DISTRICT OF GEORGIA
. Docket No.: 295-51
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: In{nate at JES in 1995 alleges that his federal

"

sentence and state sentence should run concurrently.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved in this case.
Rec'd in Legal: March 17, 1995; Due: 04-05-1995
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney.

,~~nah. GA; Michael Dedman. Paralegal.Specialist. Fel.

~054

~:

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:.

,

.-. . ..... - .-:; ~
"

_.- ..._---._-

..

.~ .::~

~,:.

CEO' Litigation Report
March 28, 1995

Page 2

~ 5.

PAUL B. ALLEN Y. MICHAEL W. GARRETI
". ..,ourt:. MIDDLE DISTRICT OF AlABAMA
Docket No.: 95-A-328-N
Institution: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at MON alleges he injured his knee in
1994 on trash detail and did not receive adequate medical
treatment. He was given a medical furlough to have surgery
at his own expense. Insurance paperwork problems
delayed the procedure. The fLiriough was terminated. He
was arrested and fell while In restraints, further injuring the
knee. Amputation was recommended as an option. Forced
to perform work Inconsistent with medical condition.
Damages Req: 0; Special Monitoring: 182, May be financial
liability, All cases Involving Injury which caused loss of limb
or body function.; SERO: Regional office staff are not
alleged to be involved In this case.
Rec'd in Legal: March 20, 1995; Due: 04-03-1995
Assigned to: Ashton Holmes; Assistant U.S. Attorney,
Montgomery, AL; Earf ~ Cotton, Assistant Regional
Counsel, SERO

6. REGINALD LAMAR REINHARDT v. JANET

(,,~rt. NORTHERN DISTRICT OF FLORIDA
~~o.etal

Docket No.: CV 94-40228-WS
Institution: FC., Tallahassee
Type of Case: Federal Tort Claims Act (FTCA)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at JES in 1995 alleges that he did not
receive adequate medical care for a fracture to his wrist that
occurred as a result of a fall at FOC-TAL in 1992. He alleges
that he has suffered permanent damage.
Damages Req: $500,000; Special Monitoring: 0, Not
assigned to special monitoring; SERa: Regional office
staff are not alleged to be involved In this case.
Rec'd in Legal: Match 20, 1995; Due: 03-03-1995
Assigned to: Robert D. Stinson; Assistant U.S. Attorney,
Tallahassee, FL; Earl L Cotton, Assistant Regional Counsel,
SERO

7. EUGENIO ALAVARDO v. JANET RENO, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 94-40548
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Subject: INMATE DISCIPLINE
Facts Alleged: Inmate at TAL in 1995 alleges that the Inmate
discipline procedures were not followed concerning an
incident report that he received at EGL In 1994.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERa: Regional office staff are not
alleged to be involved In this case.
.
Rec'd in Legal: March 20, 1995; Due: 02-21-1995
Assigned to: Bruce E. Lowe; Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee
8. CARLOS AVILEZ v. JANET RENO, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-000
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at TAL in 1995 seeks credit for time
spent on bond. .
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be involved In this case.
Rec'd in Legal: March 20, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee

9. LIN EDWARD DAVIS v. DEAN WESTBERRY, et al
Court: NORTHERN DISTRJCT OF GEORGIA
Docket No.: 295-23
Institution: FCI, Jesup
Type of Case: Personal Liability Action (Bivens)
Subject ASSAULTS
Facts Alleged: Inmate at PHX In 1995 alleges there was a
conspiracy at JES in 1993-94 to distribute drugs.
Damages Req: unspecified; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be involved in this case.
Rec'd in Legal: March 20, 1995; Due: 06-05-1995
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney,
Savannah, GA; Michael Dedman. Paralegal Specialist, FCI,
Jesup

355

CEO Litigation Report
March 28, 1995
10. ROBERT W. LAMB
.0RITSUGU. et al

Page 3

v. KENNETH P.

Coult: NORTHERN DISTRICT OF FLORIDA
Docket No.: CIV-9440486 WS
Institution: Fel, Tallahassee
Type of Case: Federal Tort Claims Act (FTCA)
Subject. CONDITIONS OF CONFINEMENT
Facts Alleged: Inmate at TAL in 1995 alleges that he is
exposed to an unreasonable health risk due to second-hand
smoke. Oaims to have developed emphysema as a result.
Damages Req: $15,000,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be involved in this case.

Rec'd in Legal: March 20, 1995; Due: ·1995
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Earl L Cotton, Assistant Regional Counsel,
SERO

12. CHARLES WATSON
et al

v.

BUREAU OF PRISONS,

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 9S-{)00
Institution: Fel, Marianna
Type of Case: Personal Liability Action (Bivens)
Subject: WORK, MEDICAL TREATMENT, INMATE
ACCIDENT COMPENSATION
Facts Alleged: Inmate at MNA In 1995 alleges that while
working in UNICOR in 1994, he injured his hand because
there was no safeguard on his machine. He lost fingers. A
guard was installed afterlhe incident. He was denied
medical treatment for this injury.
Damages Req: $3,000,000; Special Monitoring: IB2, May be
financial liability, All cases Involving injury which caused loss
of limb or body function.; SERO: Regional office staff are
not alleged to be involved in this case.

~~~~~~~~~~~~~~~~~~~~ Rec~~LegatMaroh~,1~5;Due:NON~NOSUMMONS

11. JAMES CAREY v. FRED J. STOCK

CoUIt: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-1875.JOF
Institution: USP. Atlanta'
Type of Case: Personal Uability Action (Bivens)
biect. RELIGIOUS DIETS. RELIGION. FOOD SERVICE
.. ctsAlleged:.lnmate at ATL In 1995 alleges he Is aSSigned

C

o the Common Fare Program, but on occasion he does not
receive the Common Fare diet. Common Fare is not always
In compliance with the prescribed menu.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.

ISSUED.

Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Attorney, Pensacola FL; Sterling Dawson, Paralegal
Specialist, FCI, Marianna
13.

UNITED STATES v. CARLOS ERAZO

Court: MIDDLE DISTRICT OF FLORIDA
Docket No.: 89-90-CR-FTM-17
Institution: FCI. Tallahassee
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at TAL In 1995 alleges that he should
receive credit towards his sentence for time served In state
custody.
.

Rec'd in Legal: March 20,1995; Due: ·1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,

Damages Req: 0; Special Monitoring: 0, Not assigned to

Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP, Atlanta

special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.

~~~--~~~~-~-~-------

Rec'd in Legal: March ~, 1995; Due: 03-06-1995
Assigned to: Susan M. Daltuva; Assistant U.S. Attorney.
Fort Myers, FL; Sherree L Sturgis, Regional Counsel, SERO

56

CEO Litigation Report
March 28, 1995

Page 4

14. D'ANTONIO WASHINGTON v. KATHLEEN
17. TOMAS JESUS PEREZ v. FRED J. STOCK, et al
.AWK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-2713-RHH
Docj(et No.: 1 :95-CV-Q467-CC
Institution: USp·, Atlanta
Institution: USP, Atlanta
Type of Case: Personal LIability Action (Bivens)
Type of Case: Federal Tort Oalms Act
Subject: CLASSIFICATION, ADMINISTRATIVE
DETENTION, PROPERlY
Subject ASSAULTS
'.
Facts Alleged: Wrongful death suit filed by parents of
Facts Alleged: Inmate at TAL in 1995 alleges that he was
correctional officer that was killed by inmate In 1994 at ATL mlsclassffied as a uMariel Cuban." As a result of this
classification. he was placed In administrative detention for
Damages Req: $12,689.605; Special Monitoring: IB 1. May
four days in 1994. Personal property was lost.
be flnancialliability, All cases Involving a death.; SERO:
Regional office staff are not alleged to be involved in this Damages Req: $500,00; Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
case.
staff are not alleged to be Involved In this case.
Rec'd In Legal: March 20,1995; Due: 04-26-1995
Rec'd
in Legal: March 20, 1995: Due: 04-24-1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Assigned to: Jane W. Swift; Assistant U.S. Attorney, Atlanta,
Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff
GA; Mike Bredenberg. Staff Counsel. USP. Atlanta
Counsel, USP, Atlanta
15. JAMES ARTHUR NESBITT,et al v. BUREAU OF
PRISONS, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV295-43
Institution: Fel, Jesup
e of Case: Habeas Corpus
1ect: FOI-PRIVACY, CLASSIFICATION
.'". acts Alleged: Inmate at JES in 1995 alleges that there was
Incorrect Information In his PSI which staff refused to correct.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERa: Regional office staff are not
alleged to be Involved in this case.
Rec'd in Legal: March 20.1995: Due: 03-26-1995
Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney.
Savannah. GA; Michael Dedman. Paralegal Specialist, FCI.
Jesup

18. JOE N. MAFFETT v. ROGER F. SCOTT, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-95-H-Q217-E
Institution: FCI, Talladega
Type of Case: Personal Liability Action (Bivens)
Subject INMATE DISCIPLINE
Facts Alleged: TOG inmate alleges that he was given a false
Incident report in 1992 which was not served 24 hours In
advance of the hearing.
Damages Req: $150.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd in Legal: March 20, 1995: Due: 05-02·1995
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham. AL; Kathleen Kenney, Attorney Advisor, FCI.
Talladega

16. CHARLES HUNTER ·v. J. SAXMAN, et al
Court: NORTHERN DISTRICT OF Al.ABAMA
Docket No.: CV 95-PT-113-E
Institution: Fel, Talladega
Type of Case: Personal Uability Action (Bivens)
Subject MEDICAL TREATMENT
Facts Alleged: Inmate at TOG in 1995 alleges that he
suffered a heart attack as a result of misdiagnosis.
Damages Req: $3.000.000; SpeCial Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved in this case.
'd in Legal: March 20.1995; Due: 04-13-1995
,,
gned to: Winfield J. Sinclair; Assistant U.S. Attorney.
(.
Ingham, AL; Kathleen Kenney, Attorney Advisor, FCI.
Talladega
--------------------

19. SHERRIE LYNN WEBB y. UNITED STATES, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 95-50023/RV
Institution: Fel, Marianna
Type of Case: Federal Tort Oaims Act (FTCA)
Subject: ASSAULTS
Facts Alleged: Inmate alleges that she was sexually
assaulted by a staff member six times while at MNA In 1991.
Staff failed to take protective action when she reported It.
Officer was convicted.
Damages Req: $6,000.000; Special Monitoring: IB7, May be
financial liability. Staff Criminal Misconduct Involved.;
SERO: Regional office staff are not alleged to be
involved in this case.
Rec'd In Legal: March 20,1995; Due: 04-22·1995
Assigned to: Pamela A Moine; Assistant U.S. Attorney,
sacola FL; Ken Hyle. Attorney/Advisor, SERO

a

1

CEO Litigation Report
March 28, 1995

Page 5

. . 20. CARLOS J. ACOSTA v. U.S. DEPARTMENT OF
(YuSTlCE, et 81

23. LEMUEL KINNEY v. BUREAU OF PRISONS, et
al

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-322.:cIV-OAVIS
Institution: MCe, Miami
Type of Case: Habeas Corpus
Subject: CLASSIFICATION
Facts Alleged: Inmate at MIA in 1995 alleges that there is

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-30110/LAC
Institution: FPC, Eglin
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENt, WORK
Facts Alleged: Inmate at EGL in 1994 alleges that he did not

inaccurate Information In his PSI report.

receive adequate medical treatment for shoulder Injury. he
also alleges that he was required to work whOe Injured.
Damages Req: $4,000,000; Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be involved In this case.

Damages Req: 0; Special Monitoring: 0, Not assigned to

special monitoring; SERO: Regional office staff are not
alleged to be Involved In ~his case.
Rec'd in Legal: March 20, 1995; Due: 04-24-1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,

Rec'd in Legal: March~. 1~5; Due: NONE, NO SUMMONS

Deputy Chief. Civil Division, Miami, FL; Michael Pybas,
Senior Attorney Advisor. FDC, MCC, Miami .

Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.

21.

ISSUED.

.

- Attorney, Pensacola FL; Gerelene Gooden. Paralegal
Specialist, Southeast Regional Office

UNITED STATES v. CARLOS ARISTIZABAL

Court: ,SOUTHERN DISTRICT OF FLORIDA
Docket No.: 87 -823-CR-MARCUS
Institution: MeC, Miami
Type of Case: Habeas Corpus
Subject. SENTENCING, PAROLE
ts Alleged: Inmate at MIA in 1995 alleges that his

24. DONALD H. GRODSKY v. UNITED STATES, et

al
Court: EASTERN OISTRICT OF LOUISIANA
Docket No.: 95'()785
Institution: FPC, Maxwell Air Force Base
Type of Case: Federal Tort Claims Act (FlCA)
Subject MEDICAL TREATMENT
Facts Alleged: Former inmate at MON and EGL alleges that

~

(

.....

tence should be modified to allow the possibility of
role and the fact that he Is not serving a mandatory
minimum.
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring; SERa: Regional office staff are not
alleged to be Involved In this case.

he. did not receive adequate medical treatment for an eye
problem in 1992 which has resulted in permanent damage.
Damages R~q: $375,000; Special Monitoring: 182. May be
financial liability. All cases involving injury which caused loss
of limb or body function.; SERO: Regional office staff are
alleged to be involved in this case.

Rec'd in Legal: March 20, 1995; Due: 03-17-1995
Assigned to: Cris Castillo; Paralegal, Miami, FL; Charles

Davidson. Attorney Advisor. FDC~ MeC, Miami

~~~~~~~~~~~~~~~~~~~- Rec~fuLe~t~~h~,1~~Due:~1&1~

Assigned to: Robert J. Boitman; United States Attorney.

22. MARY K. HUDSON v. GEORGE ELLEN HURST
Court: NORTHERN .DISTRICT OF FLORIDA
Docket No.: 95-50024!LAC
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject: SENT~NCING, PAROLE
Facts Alleged: Inmate at MNA in 1995 alleges that her

New Orleans, LA; Earl L Cotton. Assistant Regional
Counsel, SERO

sentence is eligible for parole and the BOP refuses to do so.
Damages Req: 0; Special Monitoring: 0, Not assigned to

special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 20.1995; Due: Os.09-1995
/gned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.

1

(. .
'''- ..

rney, Pensacola FL; Sterling Dawson, Paralegal
eclallst, FCI, Marianna

------------------------------~--~--~-----~~----~~------

3(58

CEO Litigation Report
March 28, 1995
, 25. JORG'E VALDES v. MICHAEL FITZPATRICK
,. _Jurt: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-o272-CIV-KEHOE
Institution: MCC, Miami
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at MIA in 1995 alleges that he should
receive credit for time served in state custody.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 31, 1995; Due: NONE. NO SHOW CAUSE
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney;
Deputy Chief, Civil Division. Miami. FL; Michael Pybas,
Senior Attorney Advisor, FOC, MCC, Miami
26. DARRELL L THOMPSON v. FRED STOCK

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-3430-RLV
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: INMATE DISCIPLINE
Facts·Alleged: Inmate at ATL alleges he was wrongfully
und guilty by the DHO of possessing contraband which
s found in the common area of his cell. His cell mate
dmits ownership of the property.
.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be involved in this case.
Rec'd in Legal: March 28, 1995; Due: -1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP. Atlanta

.
Q

Significant Activity on
Existing Ca~es

Page 6

ROBERT H. BURNS v. C. LAWTHER, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV·90-H-0475-E; Type of Case: Personal
Liability Action (Bivens); Damages Req: $2,500,000
Subject: MEDICAL TREATMENT Institution: Fel.
Talladega
Facts Alleged: Refused treatment at TOG in 1988 for
intestinal track problem. Later tests showed gall bladder
had burst. 03-05-1992 Interlocutory appeal by inmate
dismissed by Eleventh Circuit. 91-7814. 06-16-1993 Trial on
the merits was attended by Van Vandivier and Gere
Gooden. 07-19-1993 The court found there was no
negligence. The government's expert witnesses testHied
that the health care was at the level of such reasonable care,
sklll and diligence as other similarly situated health care
providers in the same line of practice ordinarily have
exercised in like cases. The inmate presented no evidence
to the contrary. Alabama law is clear that a plaintiff has the
obligation to counter defendant's expert testimony with
expert testimony in support of his claim.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-14-1990
Significant Activity: 02-14-1995 Inmate was entitled to Jury
trial. A special report is not a pleading, so the demand for
Jury trial was not untimely.
MARGARITA SOTO CANINO v. DR. PHIWP LEE. et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-1512-CIV-MORENO; Type of Case: Equal
Employment Claim; Damages Req: $300,000
Subject: DISCRIMINATION Institution: MCC. Miami
Facts Alleged: Public Health Service employee alleges that
she was subjected to sexual harassment while at MIA In
1992 in retaliation because of her testimony in another EEO
lawsuit.

Special Monitoring: IC2, Publicity I Impact on staff morale,
All employee suits.
Date Case Filed: 07-25-1994
----~--------------- Significant Activity: 03-03-1995 Court grants summary
JAMES ROBERT BAILEY v. BUREAU OF PRISONS, et al judgement. The only appropriate defendant In this Title VII
Court: SOUTHERN DISTRICT OF GEORGIA
action brought by a PHS employee Is the Secretary of
Docket No.: CV 293-159; Type of Case: Personal Liability
Health an Human Services. The court lacked jurisdiction
because commissioned officers are exempted from Title VII.
Action (Bivens); Damages Req: $3,000,000
Subject: MEDICAL TREATMENT Institution: Fel, Jesup
Facts Alleged: Inmate at JES in 1993 alleges that he did not
receive adequate medical treatment for a finger injury. As a
result, he has lost the use and mobility of the finger.
Cial Monitoring: 0, Not assigned to special monitoring
.
e Case Filed: 10-18-1993
pnificant Activity: 08-17-1994 Order grants summary
judgement. dismisses Defendant Smith leaving two other
defendants in the case.03-14-1995 Additional defendant
dismissed. Diaz.
59

r£
"

J

Page 7

CEO Litigation Report
March 28, 1995
•

·UDIOUS CHANNER v. ANA WANGA. et al

( 1;;rt: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-1425-RHH; Type of Case: Personal
Liability Action (Bivens); Damages Req: $380,000
Subject: ACCESS TO COURTS, CORRESPONDENCE
Institution: USP, Atlanta
Facts Alleged: Inmate at ATL in 1993 alleges that his legal

PAUL FAZZINI v. WARDEN OF ATLANTA USP, et al
Cout1: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-2196-RCF; Type of Case: Personal
Liability Action (Bivens): Damages Req: unspecified
Subject: INMATE DISCIPLINE Institution: USP, Atlanta
Facts AI/eged: Disciplined for the exercise of 1st

Amendment rights at ATL in 1991.
mail was held and illegally opened. Order from magistrate
Special Monitoring: 0, Not assigned to special monitoring
was not delivered causing dismissal of case.
Date Case Filed: 12-04-1991
Special Monitoring: 0, Not assigned to special monitoring
Significant Activity: 02-27-1995 Order grants government's
Date Case Filed: 06-23-1993
motion for 'judgement on the pleadings or, In the alternative,
Significant Activity: 03-17-1995 Order grants the
summary judgement. The Inmate's FTCA claims must be
government's motion to dismiss. Isolated Instances of
denied because he failed to file suit within six months of the
negligent opening of constitutionally protected legal mail. do denial of his administrative claim. The Privacy Act claim
not give rise to a constitutional violation, absent factual
must be denied because it can be brought only against a
government agency and the inmate has sued only
allegations or evidence of improper motive or resulting
individuals. Federal civil RICO claims cannot be brought
Interference with an inmate's right to counselor access to
against the federal government. On the Bivens claims. the
the courts.
defendants are entitled to qualified immunity.
HENRY CARABALLO-SANDOVAL v. RON E. HONSTED,
EDDIE GAMBLE, SR .. v. WAYNE HOFFMAN, et al
et al
Court: NORTHERN DISTRICT OF ALABAMA
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 94-H-0942-E; Type of Case: Personal UabDIty
Docket No.: CV 292-20; Type of Case: Personal Liability
Action (Bivens); Damages Req: $15,000,000
Action (Bivens); Damages Req: $140,000
Subject: ASSAULTS, MEDICAL TREATMENT, MENTAL
~.'Ibject: VISITING, ADMINISTRATIVE DETENTION
HEALTH Institution: FCI, Talladega
~,.. ,~titution: FCI, Jesup
"., Facts Alleged: Inmate and civilian sue for visiting privileges. Facts Alleged: Inmate alleges that during the Cuban
uprising at TOG in 1991, he was physically and mentally
Civilian was a former contract employee at MNA in 1989.
injured. He alleges that he has received adequate medical
She visited inmate at MNA after resigning from contract
treatment.
position. She claims to have relationship with inmate prior
to his incarceration. Visiting not permitted at JES in 1991.
Special Monitoring: IC9, Publicity /Impact on staff morale,
1,991 TOG Riot
Special Monitoring: IC2, Publicity /Impact on staff morale.
All e~p1oyee suits.
Date Case Filed: 04-19-1994
Date Case Filed: 01-09-1992
Significant Activity: 02-27-1995 Order adopts magistrate's
report. grants summary judgement dismisses case.
Significant Activity: 10-14-1994 Eleventh Circuit, 93-8004.
01-17-1995 The magistrate's report recommends dismissal
holds that the decision to terminate visitation privileges
between the prisoner and his wife was within prison officials
MICHAEL W. GILTNER v. UNITED STATES
discretionary authority. Prison officials had legitimate
penological reason for denying the visitation privileges. The Court: NORTHERN DISTRICT OF FLORIDA
prisoner had exhausted his administrative remedies with
Docket No.: 93-50095!WV; Type of Case: Habeas Corpus;
regard io his placement in administrative detention because Damages Req: 0
he was seeking' only money damages. The administrative
detention issue was remanded to the district court for a
Subject: SENTENCING Institution: FPC, Tyndall Air
Force Base
determination on the merits. 11-23-1992 Order grants
summary judgement. dismisses case without prejudice
Facts Alleged: Inmate at TYN in 1993 alleges that he should
pending resolution of administrative remedies.
receive credit for time spent on bonel.
~~~~~~~~~~~~~~~~~~~~. ~ec~/~~~:~N~as~gn~tosped~monn~ng

Date Case Filed: 04-23-1993
Significant Activity: 01-06-1995 Order dismisses case with

prejudice. The inmate is not entitled to Jail credit for time on
bond. Appeal to Eleventh Circuit. 95-2107. 03-28-1995
Dismissed for failure to prosecute.

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Page 8

CEO Litigation Report

March 28, 1995

a"
~.

BERT LEE GRAHAM, SR. v. MICHAEL GARRETT, et al
..urt: MIDDLE DISTRICT OF ALABAMA
'Docket No.: 94-T-1590-N; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING, FURLOUGHS Institution: FPC,

Maxwell Air Force Base
Facts Alleged: Inmate at MON in 1994 alleges that he

should receive credit towards his second sentence so that
he would be eligible for a furlough.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 12-14-1994
Significant Activity: 03-16-1995 Order adopts magistrate's
report. dismisses case. 03-09-1995 The magistrate's report
recommends dismissal. Under either 18 U.S.C. 3568 or
3585 it Is the responsibility of the Attorney General, acting
th'ro~gh the Bureau of Prisons, to compute sentences and
determine eligibility for jail time credit. Administrative
'
remedies must be exhausted.
KEVIN HARVEY v. BUREAU OF PRISONS, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 92-AR-2592-E; Type of Case: Personal
Liability Action (Bivens): Damages Req: $7500.00
Subject: INMATE DISCIPLINE, ADMINISTRATIVE
TENTION Institution: FCI, Talladega
cts Alleged: Inmate at TOG In 1992 was charged with

C

. . possession of weapon. Claims his rights were violated as a
result of not having a UDC hearing prior to DHO
proceeding. 12-2~-1993 Order adopts magistrate's report,
dismisses case. 12-01-1993 Magistrate's report
recommends dismissal. Defendant's special report is
treated as a motion for summary judgement. Violation of
the Bureau·s rule that a prisoner'should receive a
disciplinary hearing within 3 days of the delivery of the
incident report does not constitute a constitutional violation.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 11-25-1992
Significant Activity: 03-07-1994 Appeal to Eleventh Circuit,

94-6068. 03-22-1995 The decision below is affirmed. There
was some evidence to support the DHO's decision that the
inmate possessed contraband.

u.S. v. TIMOTHY HUME
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1~94-CR-370: Type of Case: Criminal
Prosecution; Damages Req: 0
Subject: CRIMINAL PROSECUTION, ASSAULTS
Institution: USP, Atlanta
Facts Alleged: Assault by inmate with knife on physiclan·s

assistant at ATl in 1994.
Special Monitoring: IC2. Publicity I Impact on staff morale.

All employee suits.
Date Case Filed: 1994
Significant Activity: 01-24-1995 Trial. Staff Counsel MIke
8redenberg attended the first day. Inmate·s defense Is that
he was not mentally responsible because BOP refused to
supply prescription drugs he had been previously taking.
Jury brought back guilty verdict after 30 minutes.
WILLIAM T. IRWIN v. J. MICHAEL QUINLAN. et 81 .
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV291'-Q5; Type of Case: Mandamus; Damages
Req:O
Subject: ACCESS TO COURTS Institution: FCI, Jesup
Facts Alleged: Denied access to legal property and medical

care at JES in 1991. Seeks transfer to MiamI.
Special Monitoring: O. Not aSSigned to special monitoring
Date Case Filed: 01-09-1991
Significant Activity: 12-15-1994 Eleventh Circuit affirms.

12-15-1994 Dismissal affirmed for failure to exhaust
administrative remedies. 07-11-1994 Appealed to 11th
Circuit,92-8665. 11-15-1991 Dismissed for faOure to
exhaust administrative remedies. Appealed to 11 th Circuit.
Appeal dismissed 03-26-1992. 05-14-1992 Order dismisses
case in chief without prejudice for failure to exhaust
administrative remedies.
DAVID ,LAMBERT v. J. STRICKLAND, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 294-7; Type of Case: Personal Uability Action
(Bivens); Damages Req: 0
Subject: TRANSFERS, VISITING Institution: Fel, Jesup
Facts Alleged: Inmate at JES in 1994 alleges that he was

arbitrarily transferred because of his frequent filing. He
alleges that his visitation rights have been infringed upon.
He also alleges that he has purchased food ,items from the
commissary beyond their expiration dates.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed; 01-10-1994
Significant Activity: 12-07-1994 Appeal to Eleventh Circuit

dismissed for want of prosecution. 94-9000.

061

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CEO Utigation Report
March 28, 1995
ENN WAYNE MITCHELL v. U.S. DEPARTMENT OF

•

~ ~STlCE, et 81

IRA CRAWFORD MUSE, JR. v. JAN~T RENO, et al

,
····Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-915.JTC; Type of Case: Employment
Discrimination; bamages Req: unspecHied
Subject DISCRIMINATION Institution: USP, Atlanta
Facts Alleged: Dismissed from CO position at ATl because
of race, threatened co-worker. 08-30-1993 Trial before
Magistrate Allen L Chancey. 10-15-1993 Magistrate's report
recommends dismissal because the employee failed to
carry his burden of proving the adverse personnel actions
were a result of intentional race discrimination.
Special Monitoring: IC2, Publicity /Impact on staff morale,
All employee suits.
Date Case Filed: 04-24-1990
Significant Activity: 02-28-1994 Order adopts magistrate's
report, dismisses case. The employee met his initial burden
by establishing a prima facie case. The Bureau offered
non-discriminatory reasons for Its actions by referring to the
employee's questionable state of mind which resulted from
being held hostage by prisoners in 1987. The Bureau based
Its concerns on a threat made by the employee to a
co-worker and evaluations by the employee's psychologist
which indicated that he should not have direct contact with
tes, he could lose control and become physically
ressive and would never be able to return to work.
peal to Eleventh Circuit. 94-8431. 03-28-1995 Affirmed.

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-40136-WS; Type of Case: Mandamus;
Damages Req: 0
Subject EMPLOYEES CLAIMS Institution: Fel,
Tallahassee
Facts Alleged: TAL Employee in 1994 alleges that FCI, TAL
refuses to implement a program for the advancement of
disabled veterans.
Special Monitoring: IC2, Publicity /Impact on staff morale,
All employee suits.
Date Case Filed: 04-05-1994
Significant Activity: 12-22-1994 Order grants government's
motion to dismiss. Jurisdiction under 28 U~S.C. 1331 Is not
appropriate. An action does not "arise under' a federal law
. that does not create a private cause of action or a federal
judicial remedy for violations thereof. There Is nothing In the
federal veteran's preference laws, 38 U.S.C. 4214
(employment within federal government) or 5 U.S.C. 3112
(noncompetitive appointments of disabled veterans) to
indicate that Congress Intended to create a right of action In
federal court. Absent such an indication, federal question.
jurisdiction Is lacking. Additionally. 28 U.S.C. 1361, does not
provide an independent basis of federal Jurisdiction, but
rather supplies a permissible remedy.

DOMINICK T. MONGELU v. UNITED STATES BUREAU
OF PRISONS
,

Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 294-011; Type of Case: Mandamus; Damages
Req:O
Subject: TRANSFERS, PRETRIAL DETAINEES, WORK
Institution: Fel, Jesup .
Facts Alleged: JES Inmates In 1994 allege that the UNICOR
BOD received unauthorized gHts, UNICOR employees Illegal
aliens and pre-trial detainees, UNICOR sells goods to
private companies, UNICOR threatened and coerced
Inmates to work In UNICOR for less than minimum wages,
and that inmates are transferred repeatedly to prevent a
raise in pay.
Special Monitoring: IC5, Publicity /Impact on staff morale,
Other.
Date Case Filed: 01~1-1994
Significant Activity: Evidentiary hearing scheduled for
06-09-1994. 03-30-1995 Order adopts magistrate's report.
dismisses case. 10-13-1994 Magistrate's report
recommends grant in part and denial in part of the
government's initial motion to dismiss or In the alternative

(l

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-2954.JTC; Type of Case: Federal Tort
OaJms Act (FTCA); Damages Req: $250,000
Subject TORT, SAFETY Institution: USP, Atlanta
Facts Alleged: Inmate at EST in 1994 alleges that his eyes
were injured In a fire at ATlln 1992.
Spec/al Monitoring: IB2. May be flnancialliability, All cases
involving injury which caused loss of limb or body function.
Date Case Filed: 12-07-1993
Significant Activity: 03-24-1995 Order grants government's
motion for summary judgement. The inmate failed to
present sufflc(en~ evidence to show that his symptoms,
spots before eyes which appeared 2 weeks after the .
accident, were caused by ashes from the fire. The aJleged
injury, which could not be confirmed by physical evidence,
was suffiCiently remote from the accident to require the of
expert medical testimony to establish the Injury and
causation. The Inmate did not offer any expert eVidence.

n

DUANE OLSON, et al v. FEDERAL PRISON INDUSTRIES
(UNICOR), et al

--------------------·b~~j~~~~~~~

..

03-06-1995 The magistrate's report recommends dismissal
because no special grand jury has been impanelled In this
district. Therefore, the inmates have no basis for their
mandamus action.

.W62

Page 10

CEO Litigation Report
March 28, 1995

ar. ~urt:

JAMES GARY SMITH Y. UNITED STATES, et al
Court: DISTRICT OF MARYLAND
Docket No.: 5-94-482-; Type of Case: Federal Tort Claims
Act (FTCA); Damages Req: $1,000,000.00
Subject: MEDICAL. TREATMENT, WORK Institution: FPC,

DON L PAGE v. ROY L WARD, et al
NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 92-40022JWS; Type of Case: Personal
Liability Action (Bivens); Damages Req: $20.000
Subject: RELIGION Institution: FCI, Tallahassee
Facts Alleged: Denied participation in Muslim Ramadan
meal at TAL In 1992 because he was late to one meal.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 02-12-1992
Significant Activity: 0?-19-1995 Order adopts magistrate's
report, dismisses case. 02-03-1995 The magistrate's report
recommends dismissal because of inmate's failure to
apprise court of new address after release.

Eglin
Facts Alleged: Former inmate at FPC. EGL in 1889 alleges
that he did not receive adequate medical treatment for a
cyst on his back. He alleges that he was made to perform
work duties that violated medical orders.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-07-1994
Significant Activity: 07-()6-1994 Order dismisses case for

~~~~~~~~~~~~~~~~~~~~ ~ckofsubjectmanerjurisdictlonbecausethecl~~~

GERALD SIMMONS v. BUREAU OF PRISONS, et al
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 91-A-1363-N; Type of Case: Personal Liability
Action (Bivens); Damages Req: 11,000.000
Subject: INMATE DISCIPUNE, LAW LIBRARIES.
ADMINISTRATIVE DETENTION Institution: FPC, Maxwell
Air force Base
Facts Alleged: Disciplined for taking food from cafeteria and
lying to staff member at MON in 01-1989. Not allowed to
call witnesses at DHO hearing. Cell used for confinement
s unsanitary. Improper delay in seeing parole board.
ecial Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 11-D6-1991
Significant Activity: 12-16-1991 Order dismissed BOP from
case. 03-10-1995 Order adopts magistrate's report. grants
summary judgement dismisses case. 02-15-1995 The
magistrate's report recommends dismissal. The inmate
received the due process to which he was entitled in the
disciplinary action. It Is not the province of the court to retry
de novo prison disciplinary actions. The inmate has no
constitutionally protected interest In remaining In general
population. therefore, his claims concerning administrative
detention should be dismissed. The inmate did not meet his
burden to establish that the law library was inadequate.

A

failed to file a timely motion for reconsideration. 09-01-1994
Appeal to Fourth Circuit, 94-2128. 03-02-1994 Affirmed.
JAMES H. TIMBERLAKE v. BUREAU OF PRISONS, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 294-5; Type of Case: Personal Uability
(Bivens) and Tort Action; Damages Req: 50,000
Subject: MEDICAL TREATMENT Institution: Fel, Jesup
Facts Alleged: Inmate at JES in 1994 alleges that he did not
receive adequate medical treatment as ~ result of an Injury
he received after a chair collapsed.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 01-24-1994
Significant Activity: 06-16-1994 Magistrate's report denies
the government's motion to dismiss or in the alternative for
summary jUdgement, denying qualified immunity.
07-01-1994 Government files objections. 07-18-1994
EVidentiary hearing. Summary judgement denied.
Government takes an interlocutory appeal to the Eleventh
Circuit. 94-8799. on the question of qualified Immunity.
02-07-1995 Eleventh Circuit reverses and remands. The
Court did not reach the question of qualified immunity .
because it determined the underlying claim must faD on the
merits. The prison's response to the inmate's medical
complaints was anything but deliberately indifferent. He had
been seen sixty times in the past two years and prescribed
numerous medications. He was seen by two specialist and
given psychiatriC counseling. He was supplied with back
braces. a bed board. soft shoes and support hose.

()
3 63

•
CEO Litigation Report

Page 11

March 28, 1995

~RGE VALDES v. MICHAEL FllZPATRICK
(

Tourt: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-0272-CIV-KEHOE; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING . Institution: MCC. Miami
Facts Alleged: Inmate at MIA in 1995 alleges that he should
receive credit for time served in state custody.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 02-10-1995
Significant Activity: 03-21-1995 Dismissed because of
inmate's motion for voluntary dismissal.
JESSIE H. VAUGHN v. JOHN E. HAHN
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: PCA 94-30027/RV; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FPC. Eglin
Facts Alleged: Inmate at EGL In 1994 alleges that he should
be given credit for time spent in restrictive bond.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 07-07-1994
Significant Activity: 03-29-1995 Order adopts magistrate's
report, dismisses case. 03-06-1995 The magistrate's report
commends dismissal because restrictive bond does not
nstitute official detention for the purposes of eligibility for
credit.

~

('
.

JOSEPH WITCHARD v. J.D. LAMER
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 294-036; Type of Case: Habeas Corpus;
Damages Req: 0
Subject SENTENCING Institution: FCI. Jesup
Facts Alleged: Inmate at JES in 1994 alleges that he should
be given credit for time spent in a federal custody on writ
from a state facUlty.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 03-10-1994
Significant Activity: 09-18-1994 Hearing scheduled.
12-23-1994 Dismissed for faOure to exhaust administrative
remedies and because he is not entitled to the Jail credit
demanded. A federal sentence does not begin to run when
a defendant is produced in court pursuant to a federal writ
of habeas corpus ad prosequendum. The inmate produced
a document to show he had not received credit against his
state sentence. Evidence strongly suggests the document
was a forgery.

()
3 4

2. JAMES P. MASTRONARDI v. R. D. SWOPE. et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 94·CV.a239
Institution:
USP. Atlanta
May 1.1995
Date:
Type of Case: Personal UabJlity Action (Bivens)
Sherree L Sturgis, Regional cou¢ _ / Subject: MEDICAL TREATMENT
Reply to
Facts Alleged: ATL inmate in 1994 aIJeges failure to provide
Southeast Region, Bureau of prl;W
Attn. of:
medical treatment for shoulder Injury, bone spurs, tumors,
and
hormone deficiency. Also refused dental work and
April. 1995 SER litigation
Subject:
replacement of contact lenses. Illegal taking of blood
samples for drug tests. Denial of access to courts, and
SER CEOs, Regional Administrators
To:
failure
to obey segregated housing regulations.
Institution Paralegals and Attorneys
Damages Req: $110,000; Special Monitoring: 0, Not
Wallace' H. Cheney. General Couns~
assigned to special monitoring; SERO: Regional office
Joyce Zoldak, Associate General Counsel
staff are not alleged to be involved In this case.
Rec'd In Legal: April 25, 1995; Due: -1995
_ _ _ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ Assigned to: Curtis E. Anderson: Assistant U.S. Attorney,
Chiefi Civil Division, Atlanta. GA: Mike Bredenberg, Staff
1. DAVID TAYLOR v. KEITH OLSON, et al

United States Government
Memorandum

New Cases

(' _
\..

Court: NORTHERN DISTRICT OF flORIDA
Docket No.: 94-01118I'NS
Institution: Fel, Tallahassee
Type of Case: Personal Liability Action (Bivens)
Subject: FINES. TELEPHONES. WORK
Facts Alleged: TAL Inmate in 1995 claims he staff would not
ke him off IFRP "Refuse" status until he made a payment.
hlch led to loss of wages and privileges and harassment.
There was an unrelated problem with ITS.
Damages Req: $20,200: Spec/al Monitoring: 108. Case
management may be a problem, Other: Inmate Telephone
Issue: SERa: Regional office staff are not alleged to be

Involved in this case.
Rec'd In Legal: April 25, 1995: Due: 05-05-1995
Assigned to: Roy F. Blondeau. Jr.; Assistant U.S. Attorney.
Tallahassee. FL; Dan Rouse, Paralegal Specialist, FCI.
Tallahassee
___________________

Couns~.USP.AUanta

3.

RONA.LD L JACOBY v. DEPT OF JUSTICE,

Rec'd In Legal: April 27.

1995;

Due: 05-22-1995

Assigned to: Robyn J. Hermann; Assistant U.S. Attomey.
Deputy Chief, CMI Division, Miami, FL; Eart L Cotton,
Assistant Regional Counsel. SERO

'*ii:'i--- --

i
f

.111.

0.&~-95

! OFFrCE OF G:~-'.' ~ ~:
IL~~.:" .... _~ !:J 5t"t. ~,! t~;:
3038

et al

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-0252-CIV-MOORE
Institution: FPC, Eg lin
Type of Case: Personal Uabllity Action (Bivens)
Subject: SENTENCE
Facts Alleged: 1995 EGL inmate alleges court ordered
correction In amount of restitution proves IFRP payment
should be lower.
Damages Req: ; Special Monitoring: 0, Not assigned to .
special monitoring; SERa: Regional office staff are not
alleged to be involved in this case.

CEO Litigation Report
May 1~ 1995

Page 2

~

• CARL E. BALONEY v. FRED STOCK, et 81
ourt: NORTHERN DISTRICT OF GEORGIA
Docket No.: 95-CV-252.JEC
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject: ACCESS TO COURTS
Facts Alleged: ATL Inmate In 1995 alleges he was removed
from the camp and improperty housed in the high security
area of the USP. His personal property and legal materials
were delayed.
Damages Req: $47,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be involved in this case.
Rec'd In Legal: April 27, 1995; Due: -1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, Civil Division, Atlanta. GA; Mike Bredenberg. Staff
Counsel, USP, Atlanta

SAMUEL BROWNI v. UNITED STATES, et 81
Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 2-95-1015-18
Institution: FCI, Estill
Type of Case: Personal Liability (Bivens) and Tort Action
Subject TORT, GOVERNMENT VEHICLES
cts Alleged: Civilian in 1994 alleges BOP van driver drove
(
cklessly and failed to yield which caused wreck. Claims
.,..... serious and permanent Injuries and loss of enjoyment of life.
Damages Req: $15,000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: April 27. 1995; Due: oe-02-1995
AsSigned to: Jay Preston Strom; U.S. Attorney, Columbia,
SC; Earl L Cotton, Assistant Regional Counsel. SERO
------------------.
6. EDUARDO ULLOA v. DR. E. HILLINGSWORTH, et 81
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-50097
Institution: FCI, Marianna
Type of Case: Personal Liability Action (Bivens)
Subject MEDICAL TREATMENT
Facts Alleged: MNA Inmate In 1993 claims he injured his
arm playing handball. Refused x-ray until 55 days later
where it was discovered he had a broken arm. Oaims loss
of use of arm.
Damages Req: $3.000.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved in this case.
Rec'd In Legal: April 27. 1995; Due: 05-09-1995
.a;slgned to: Michael Finney; Assistant U.S. Attorney,
( _~nsacola. FL; Sterting Dawson, Paralegal Specialist, FCI.
....
Marianna
5.

~

7. FRANCISCO CABRERAv. EDWARD F. REILLY
Court: SOUTHERN DISTRICT OF flORIDA
Docket No.: 95-713-CIV-GAAHAM
Institution: MeC, Miami
Type of Case: Habeas Corpus
Subject: TRANSFERS, SENTENCING
Facts Alleged: MIA inmate In 1995 alleges BOP failed to
acknowledge 15.5 months of house arrest as time served as

part of main claim against tbe USPC. Moves to stop transfer
under F.R.App.P. 23.
Damages Req: 0; Special Monitoring: 0. Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd in Legal: April 27. 1995; Due: 06-02-1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, Civil Division, Miami, FL; Michael Pybas.
Senior Attorney Advisor, FOC. MCC, Miami
8. RAFAEL CRESPO-HERRERRA v. BUREAU OF
PRISONS, et 81
.
Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 9:95-789-22JC
Institution: FCI, Estill
Type of Case: Habeas Corpus
Subject: SENTENCING, DISCRIMINATION -INMATE
Facts Alleged: EST Inmate In 1995 claims he has not been
credited with good time and extra good time that other
Inmates similarly situated have been given.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: April 27. 1995; Due: 05-28-1995
Assigned to: Jay Preston Strom; U.S. Attorney,' Columbia,
SC; Jon M. Adduci, Paralegal Specialist, FCI. EstUI

9. PHIUP DOZIER v. KEITH OLSON, et II
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-40635
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Subject: PAROLE
Facts Alleged: TAL Inmate In 1994 alleges he Is held beyond
the length of sentence because his special parole term has
expired.
Damages Req: 0; Spec/al Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: April 27. 1995; Due: unknown
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist. FCI.
Tallahassee

303~

I)

CEO Litigation Report
May 1, 1995

Ao.

13. ABDULLAH H MUHAMMAD Y. BUREAU OF
PRISONS, et al

FERNANDO HERRERRA-RIVERA Y. UNITED

~TATES, et al
'....
Court: SOUTHERN DISTRICT OF flORIDA

(

Docket No.: 94-2518
Institution: MCC, Miami
Type of Case: Personal Liability (Bivens) and Tort Action
Subject. PROPERTY ~
Facts Alleged: FTD Inmate alleges whi1e at MIA In 1992 he
lost $1.751.70 In property after Hurricane Andrew.
Damages Req: $1,751.70; Special Monitoring: IC8, Publicity
I Impact on staff morale, Resulting from 08·92 Hurricane
Andrew; SERO: Regional office staff are not alleged to be
Involved In this case.

Rec'd In Legal: April 27, 1995; Due: 05-25-1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney.
Deputy Chief. Civil Division, Miami. FL; Michael Pybas.
Senior Staff Attorney. FDC, Miami. MCC, Miami

-------------------------------------11. ANTONIO MARTIN JOHN W. CUMMING, et al
Y.

Cout1: NORTHERN DISTRICT OF GEORGIA
Docket No.: 94-3314
Institution: USP. Atlanta
Type of Case: Personal liability Action (Bivens)
Subject ASSAULTS
",~acts Alleged: ATL Inmate In 1994 alleges that he was
(
nacked by other Inmates and BOP personnel watched
',..
without assisting.
Damages Req: 0: Special Monitoring: 0, Not assigned to
special monitoring: SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd in Legal: April 27, 1995; Due: NONE. NO SUMMONS ISSUED.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff
Counsel, USP, Atlanta
--------------------------12.

WIWAM MOUNA v. WIWAM BUCHANON, et al

Court: NORTHERN DI~TRlCT OF GEORGIA
Docket No.: 95-72-CC
Institution: USP. Atlanta
Type of Case: Personal Uability Action (Bivens)
Subject M~DICAL TREATMENT
Facts Alleged: ATL Inmate In 1994 alleges fanure to provide
medical treatment caused gangrene In his feet to result In
amputation of his toes and his left leg just below the knee.
Damages Req: $5,050.000; Special Monitoring: 182, May be
financfalliabDlty, All cases InvolvIng Injury which caused loss
of 11mb or body function.; SERO: Regional office staff are
not alleged to be Involved In this case.

~ec'd In Legal: April 'ZI. 1995; Due: NONE, NO SUMMONS ISSUED.

(.

'. .

Page 3

'Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief. ClvD Division. Atlanta. GA; Mike Bredenberg. Staff
Couns~,USP,Adanta

304

Court: DISTRICT OF SOUTH CAROlINA
Docket No.: 95-187-6JC
Institution: FCI, Estill
Type of Case: Mandamus
Subject NAME CHANGES, REUGION
Facts Alleged: EST inmate in 1995 seeks recognition of
name change from Jones to Muhammad. He alleges that he
legally changed his name for religious purposes.
Damages Req: $3.45; Special Monitoring: ICS, Publicity I
Impact on staff morale. Other: Religious Issue; SERO:
Regional office staff are not alleged to be Involved In this
case.

Rec'd In Legal: April 27, 1995; Due: ·1995
Assigned to: Jay Preston Strom; U.S. Attorney, Columbia,
SC; Jon M. Adduci. Paralegal Specialist, FCI, Estill
14.

TOMMIE MURRY Y. FED. PRISON INDUSTRIES,

et al

Court: NORTHERN DISTRICT OF ~AMA
Docket No.: CV95-AR-0348-E
Institution: FCI, Talladega
Type of Case: Personal Uabnity (Bivens) and Tort Action
Subject: INMATE ACCIDENT COMPENSATION, WORK
Facts Alleged: TOG inmate In 1992 alleges he suffered
major UNICOR Injury and was awarded Inadequate sum by
Inmate Accident Compensation System. He appealed.
Damages Req: $150.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.

Rec'd in Legal: April 27, 1995; Due: 05-08-1995
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Kathleen Kenney, Attorney AdvIsor, FCI,
Talladega

CEO Litigation Report

Page 4

May 1, 1995

A.

JEFFREY ROJAS, et 81 v. FRED STOCK, et al

18. JACK STANCEWv. FRED STOCK, et al
~ ""',urt: NORTHERN DISTRICT OF GEORGIA
Court: NORTHERN DISTRICT OF GEORGIA
.... ..,ocket No.: 1:94-CV-3199
Docket No.: 1 :95-CV-815-RCF
Institution: USP, Atlanta
Institution: USP, Atlanta
Type of Case: Personal Liabl1lty Action (Bivens)
Type of Case: Habeas Corpus
Subject: MEDICAL TREATMENT, TRANSFERS, AD
Subject: INMATE DISCIPUNE, CONDITIONS OF
. REMEDIES
CONFINEMENT, ADMINISTRATIVE DETENTION
Facts Alleged: Two AlL inmates, Rojas and Friedman.
Facts Alleged: ATL Inmate In 1995 challenges DHO action
allege refusal to provide medical treatment - one for broken because he was not granted a staff assistant and because
bones and one for urological problems. Threats of transfers he could not present a defense whOe criminal charges are
because of complaints.
pending. Also claims 5 month delay In delivery of detention
order. Challenges conditions In SHU.
Damages Req: $22.000; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
Damages Req: 0; Special Monitoring: 0, Not assigned to
staff are not alleged to be Involved in this case.
special monitoring; SERO: Regional office staff are not
alleged
to be involved In this case.
Rec'd In Legal: April ZI. 1995; Due: -1995
Rec'd In Legal: April 27, 1995; Due:
ASSigned to: Curtis E. Anderson; Assistant U~S. Attorney.
Chief. Civil Division. Atlanta. GA; Mike Bredenberg, Staff
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP, Atlanta
- - - - - - - - - - - - - - - - - - - Counsel, USP. Atlanta
16. MANUEL ROMERO, et al v. UNITED STATES
19. ANDREW WALKER v. UNITED STATES, et al
Court: SOUTHERN DISTRICT Of flORIDA
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 95-0664
Docket No.: 1:95-CV-278-ODE
Institution: MCC, Miami
Institution: USP, Atlanta
Type of Case: Federal Tort Claims Act (FTCA)
Type of Case: Personal Uabnlty (Bivens) and Tort Action
~bJect. TORT, TRANSFERS, GOVERNMENT VEHICLES
Subject.
PROPERTY
"-o.;.~cts Alleged: Fifteen MIA Inmates allege BOP us accldem
near TAL on 4-1-93 caused them Injury. Text identical to
Facts Alleged: ATL Inmate In 1993 claims he surrendered
radio to staff to be returned to the manufacturer for the
Rulz, 95-604.
repair
of a defect but never received the radio back.
Damages Req: $1.500,000; Special Monitoring: IC12,
Publicity I Impact on staff morale. 4-1-93 Miami bus
Damages Req: $1.068.75; Special Monitoring: 0, NOt
accident; SERO: Regional office staff are not alleged to
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
be Involved in this case.
Rec'd In Legal: April ZI. 1995; Due: 05-26-1995
Rec'd In Legal: April 2:1,1995; Due: 06-06-1995
Assigned to: Carta Barrow, Assistant U.S. Attorney, Miami,
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff
FL; Ken Hyle, Attorney/Advisor, SERO
- - - - - - - - - - - - - - - - - - - Counsel. USP. Atlanta
17. UONEL RUIZ v. UNITED STATES
Court: SOUTHERN DISTRICT OF flORIDA
Docket No.: 95-604
Institution: MCC, Miami
Type of Case: Federal Tort Claims Act (FTCA)
Subject. TORT, TRANSFERS, GOVERNMENT VEHICLES
Facts Alleged: MIA Inmate alleges BOP accident near TAL
on 4-1-93 caused him Injury. Text identical to Romero,
95-0664.
Damages Req: $100,000; Special Monitoring: IC12,
Publicity I Impact on staff morale, ~ 1-93 Miami bus
cident; SERO: Regional office staff are not alleged to
Involved In this case.
.
ac'd in Legal: April 27.1995; Due: 05-30-1995
.'. Assigned to: Carta Barrow; AssIstant U.S. Attorney, Miami,
FL; Ken Hyle, Attorney/Advisor. SERO
°

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CEO Litigation Report
May 1, 1995

Page 5

I:.. COOPER v. ROBERT J. STIGLER

c:

• NORTHERN DISTRICT OF FLORIDA

Docket No.: 95-000
Institution: FCI, Marianna
Type of Case: Other. inmate sues Inmate
Subject RELIGION, .WORK
Facts Alleged: MNA inmate In 1995 sues other inmate for
applying undue Influence upon UNICOR foreman. for
religious slander. for negligently performing his work In
UNICOR. and for creating an unsafe working environment.
BOP will not take an active role In this case.
Damages Req: $200.000; Special Monitoring: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd in Legal: April 27. 1995; Due: ·1995
Assigned .to: P. Michael Patterson; U.S. Attorney.
Tallahassee. FL; Sterling Dawson. Paralegal Specialist. FCI.
Marianna
~~~~~~~~~~~~~~~~~~~

21. KENNETH W. BARFIELD v. ARNETTE FLOWERS
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-40038-MMP
Institution: FCI, Tallahassee
Type of Case: HABEAS CORPUS
.. WUbject PAROLE TRANSFERS, ACCESS TO COURTS
(
acts Alleged: TAL Inmate In 1995 alleges that access to the
'- Parole Commission and the courts has been denied
because of transfers. Parole hearing was delayed because
BOP staff had not prepared necessary documents.
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: April 27. 1995; Due: ·1995
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee. Fl; Dan Rouse. Paralegal Specialist. FCI,
Tallahassee

3042

Significant Activity on
Existing Cases
JOHN DAWSON v. ROGER SCOTT
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-92-AR-1168-E; Type of Case: Habeas
Corpus; Damages Req: 0
Subject SENTENCING, COMMUNITY TREATMENT
CENTERS Institution: Fel, Talladega
Facts Alleged: Inmate at TOG alleges that he has been
denied credit to his sentence for the time spent In the
half-way house and safe house, may have been In state
custody at the time.
Spec/al Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 5-20-1992
Significant Activity: 04-06-1995 Eleventh Circuit affirms
district court dismissal. The inmate is not entitled to jaU
~edit~rtimespe~~aha"~yhou~msa~hou~ua

condition of bond before sentencing or after sentencing
prior to surrender to the custody of the Attorney General.
The BOP's Interpretation of 18 U.S.C. 3585 Is entitled to
Judicial deference. The fact that the conditions of
confinement for pre and post sentence prisoners In half-way
houses are identical does not create an equal protection
violation. They are not similarly situated because their
residence serves a fundamentally and functionally different
purpose. The presentence detainee Is there to protect the
public and assure his presence at trial and sentencing. The
post-sentence Inmate Is there for transitional and
rehabilitative purposes.

Page 6

CEO Litigation Report

May 1, 1995

(
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•

VID LUCKIE COCHRAN v. KATHLEEN HAWK, et al
urt: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV294-46; Type of Case: Personal Liability
Action (Bivens); Damages Req: $1039.00
Subject: WORK, ADMINISTRATIVE DETENTION
Institution: FCI, Jesup
Facts Alleged: Inmate at JES In 1994 alleges that he was
subjected to continual harassment at his job which resulted
in his health deteriorating.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 11-01-1993
Significant Activity: 03.Q8-1995 Magistrate's report
recommends dismissal. 03-30-1995 Order grants summary
judgement, dismisses case. As to the telephone Issue, the
claim Is factually baseless and moot. To the extent that the
inmate has stated a factual claim, the defendants are
protected from damages by qualified Immunity because the
inmate failed to carry his burden of establishing violation of
clearly established law. The Inmate's factual averments concerning medical care do not rise to the level of a
constitutional deprivation. The allegations concerning his
psychological care are conclusory at best. Additionally,
here as well, the defendants would be entitled to qualified
Immunity.

( .. ~DIMIR COllAZO-LEON

-,,-

v.

BUREAU OF PRISONS,

Court: DISTRICT OF PUERTO RICO
Docket No.: 94-1616CC; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: PRETRIAL DETAINEES, ADMINISTRATIVE
DETENTION, INMATE DISCIPLINE Institution: MOe,
Guaynabo

Facts Alleged: Pretrial detainee at GUA In 1994 alleges that
he was placed In segregation based on charges that had
been dismissed. He was not given a staff representative at
his DHO hearing. Visitation, commissary and attorney
prlvOeges were withdrawn because he was In segregation.
Special Monhoring: 0, Not assigned to special monitoring
Date Case Flied: 05-03-1994
Signiflcant Activity: Magistrate's report finds procedural due
process was afforded. recommends dismissal. District
court decides that discipline of pretrial detainee for
attempted escape Is punishment prohibited by the Fifth
Amendment Appeal by Bureau of Prisons to First Circuit.
94-2061. 04'()7·1995 Circuit court decides pretrial prisoners
can be disciplined for violations of Institution rules. The
circuit court finds the district court's conclusion to the
contrary, "curious".

304

ELDER JAMES GARRElT-EL v. VIC LOY
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV 294-127; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: TRANSFERS, DISCRIMINATION Institution: FCI,
Jesup
Facts Alleged: Inmate at JES in 1994 alleges he was refused .
a transfer as a result of discrimination.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-26-1994
SlgnHicant Activity: 04..()6-1995 Dismissed without prejudice.
03-09-1995 Magistrate's report recommends dismissal for
failure to exhaust administrative remedies.

EWS LORENZO MILLS v. E. RISCHI
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 294-115; Type of Case: Personal Uabllity
(Bivens) and Tort Action; Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FCI, Jesup
Facts Alleged: JES Inmate in 1994 believes he has syphlllls
and not received the results from the btood test or any
treatment for his condition.
Special Monitoring: IC7, Publicity I Impact on staff morale.
Medical Malpractice
Date Case Filed: 08-16-1994
Significant Activity: 04-06-1995 Order grants summary
Judgment, dismisses case. 03-08-1995 Magistrate's report
recommends granting of the government's unopposed
motion for summary judgement felr failure to exhaust
administrative remedies regarding the Injunctive relief claim.
Additionally, the Injunctive claim is moot because the Inmate
has been transferred to another Institution. Finally. a
difference of opinion as to the proper course of medical
treatment Is not grounds for a constitutional violation.

CEO Litigation Report
May 1, 1995

Page 7

r "ILLIAMoT. IRWIN Y. CAROL PAVILACK GErrY, et al
(' .oun: SOUTHERN DISTRICT OF GEORGIA
"
Docket No.: 293-18; Type of Case: Habeas Corpus;
Damages Req: 0
Subject. PAROLE, SENTENCING Institution: FCI, Jesup
Facts Alleged: Inmate at JES In 1992 alleges that he should
have been paroled and the BOP knowingly withheld that
Information.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-12-1993
Significant Activity: 03-23-1995 Circuit affirms. Appeal to
Eleventh Circuit, 93-9453. 10-21-1993 Order adopts
magistrate's report, dismisses case. 06-11-1993 The
magistrate's report recommends dismissal. Because this
case challenges the Imposition of a sentence, this 28 U.S.C.
2241 action must be dismissed. This Issue can be litigated
only in a 2255 action In the district where he was sentenced.
He has failed to exhaust administrative remedies. He is not
entitled to parole.
GLORIA STEELE Y. UNITED STATES

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-50331-LAC; Type of Case: Tort; Damages
Req: $2,298.00
_.:SUbJect. PROPERTY Institution: Fel, Marianna
acts Alleged: Inmate at MNA In 1994 alleges. that her
", .'
rsonal property wa$lost because staff refused to accept
the parcel without a retum address.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-08-1994
SignUicant Activity: 04-18-1995 Order adopts magistrate's
report, grants summary Judgment, dismisses case. The
magistrate's report recommends dismissal. It was not
negligence under Aorlda law for prison officials to refuse to
accept a mall package for an Inmate when the Inmate had
not secured an appropriate' package authorization.
Additionally, 28 U.S.C. 2680(c), a FTCA exemption
concerning property detained by law enforcement officials,
may deprive the court of jurisdiction of this case.

e

3044