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Date:

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July11,1995

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7

THOM~S

ANDREWS, SR. v. BUREAU OF
PRISONS,I\t al
COUtf:'MIDDLf DISTRICT OF. ALABAMA.. ..' -. ,,~, .. '~."

Doc~e~No.:~-A-714-N

InstilutioIJ;.EPC, Maxwell Air Force Base
Sherree L Sturgis, Re .on I C un eI
Type of Case: Habeas Corpus
Reply to
Southeast
Region,
Bur
of
P'
ns
Subject:
SENTENCING
Attn. of:
Facts Alleged: MON inmate In 1995 seeks 325 days credit
for time spent In state custody because his state sentence
June, 1995 SEA Litigation
Subject:
was to run concurrently with the federal sentence.
Damages
Req: 0; Special Monitoring: 0, Not assigned to
SER CEOs, Regional Administrators
To:
special
monitoring;
SERO: Regional office staff are not
Institution Paralegals and Attorneys
alleged
to
be
Involved
In this case.
Wallace H. Cheney, General Counsel
Rec'd In Legal: July 6, 1995; Due: 07.()3.1995
Joyce Zoldak, Associate General Counsel
Assigned to: Laura J. Garrett; Assistant U.S. Attorney, Chief
Civil Division, Montgomery, AL; Gerelene Gooden, Paralegai
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Specialist, Southeast Regional Office

New Cases

1.
UNITED STATES v. BERNARD ALBURY
4.
UNITED STATES v. DANIEL BOYD
Court. MIDDLE DISTRICT OF FLORIDA
Court: MIDDLE DISTRICT OF AlABAMA
Docket No.: 89-154-CR-T-17
Docket
No.: 92-00105-N
Institution: FPC. Eglin
Institution:
FPC, Pensacola
Type of Case: Habeas Corpus
Type of Case: Habeas Corpus
Subject. TRANSFERS
Subject:
SENTENCING
cts Alleged: EGL Inmate In 1995 seeks transfer to Ocala,
Facts
Alleged:
PEN Inmate In 1995 seeks modification of his
(
to be closer to his aUing parent. Judge considering order
sentence
to
home
confinement because of his medical .
......
ommending transfer.
condition.
'
Damages Req: 0; Special Monitoring: 0, Not assigned to
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
special monitoring; SERO: Regional office staff are not
alleged to be involved In this case.
alleged
to be Involved In this case.
Rec'd in Legal: July 6,1995; Due: 06-12-1995
Rec'd
In
Legal: July 6,1995; Due: ~1995
Assigned to: Chris Griffiths; Paralegal Specialist, Tampa, FL;
Assigned to: Terry F. Moorer; Assistant U.S. Attorney,
Van Vandivier, Deputy Regional Counsel, SERO
Montgomery, AL; Van Vandivier, Deputy Regional Counsel
SERO
'
2. RUBIN ALZAMORA v. BILL PATRICK, et al
Court: SOUTHERN DISTRICT OF FLORIDA
5. .UNITED STATES v. ANDRES CAMPILLO
Docket No.: 95-000
Court: SOUTHERN DISTRICT OF flORIDA
Institution: MCC, Miami
Docket No.: 92-S71-CR-FERGUSON
Type of Case: Habeas Corpus
Institution: FDC, Miami
Subject: Jail nme Credit
Type of Case: Habeas Corpus
Facts Alleged: MIA inmate In 1995 seeks jail time credit for
Subject.
ACCESS TO COURTS, MEDICAL TREATMENT
time in state custody.
Facts Alleged: 1995 MIA inmate alleges pretrial confinement
Damages Req: 0; Special Monitoring: 0, Not assigned to
and phone restrictions are preventing his adequate
special monitoring; SERO: Regional office staff are not
preparation
for trial and that he is receiving Inadequate
alleged to be Involved In this case.
medical attention for a chemical Imbalance.
Rsc'd in Legal: July 6,1995; Due: NONE. NO SHOW CAUSE
Damages Req: 0; Special Monitoring: 0, Not assigned to
Assigned to: Jeffrey F. Mlchelland; Assistant U.S. Attomey,
special monitoring; SERO: Regional office staff are not
Myers, FL; Michael Pybas, Senior Attorney Advisor.
alleged to be involved In this case.
MCC,Miaml
Rec'd in Legal: July 6,1995; Due: NONE, NO SHOW CAUSE
Assigned to: Karen E. Rochlin; Assistant U.S. Attorney,
Miami. FL; Michael Pybas. Senior Attorney Advisor. FOC,
MCC, Miami
2S bS

~

,

\

~CEO Li~@tion Report
July 11, 1995
'.
(_

Page 2

~NITED STATES v. MICHAEL P. CHANG

8.

~outt: MIDDLE DISTRICT OF FLORIDA

CLIFFORD GAMEL v. BUREAU OF PRISONS

Court: DISTRICT OF SOUTH CAROUNA
Docket No.: 9:95-1520·18jc
Institution: FCI, Estill'
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: EST inmate 1995 alleges laOure of medical

Docket No.: 93-111-CR-ORL-19
Institution: FPC, Pensacola
Type of Case: Habeas Corpus
Subject: FURLOUGHS
Facts Alleged: PEN inmate In 1995 seeks furlough

authorization and compelled response to FOIA request
concerning the evaluation of his application for furlough.
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: July 6, 1995; Due: 06-14-1995
Assigned to: Cynthia Hawkins; Assistant U.S. Attomey,

treatment where officials denied eye surgery. Inmate
continues to suffer swelling and contagious symptoms due
to non-treatment.
Damages Req: $700,000; 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: July 6, 1995; Due: 07-14-1995-

Orlando, FL; Van Vandivier. Deputy Regional Counsel, SERO Assigned to: Barl;>ara Bowens; Assistant U.S. Attorney,
~~~~~~~~~~~~~~~~~~

7.

1"-

C~umbla,S~JonM.Adduc~Pam~g~S~~"~.~I,E~rn

SAMUEL COLLINS v. UNITED STATES, et al

10. JOSEPH HALL v. TRACY PETROPOULOS
Coun: MIDDLE DISTRICT OF PENNSYLVANIA
Court: NORTHERN DISTRICT OF FlORIDA
Docket No.: 3:95-cv"()()826
Docket No.: 94-50340
Institution: USP, Atlanta
Institution: FCI, Marianna
Type of Case: Federal Tort C1aims Act (FTCA)
Subject: MEDICAL TREATMENT
Type of Case: Personal liability Action (Bivens)
Facts Alleged: ATL holdover Inmate In 1993 alleges failure to Subject. MEDICAL TREATMENT
.•
rovlcte medical treatment for abdominal pain. Appendix
Facts Alleged: MNA Inmate 1994 alleges dentist faDed to

( .
'--..

ptured after his flight to LEW.
amages Req: $100,000; 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: July 6, 1995; Due: 08-04-1995
Assigned to: Wayne P. Samuelson; U.S. Attorney, Scranton.

PA; Mike Bredenberg, Staff Counsel. USP, Atlanta
-----~-------~~~---

8.

THOMAS R. FARESE v. TERRY M. LEVIX, II al

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-6294
Institution: FDC, Miami
Type of Case: Personal Liability Action _(Bivens)
Subject: PAROLE COMMUNITY TREATMENT CENTERS
Facts Alleged: Former MIA Inmate seeks damages for iIIeg~

exercise of jurisdiction over him by parole comm'n. BOP
employee named because she oversees halfway house
where Inmate spent time.
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: July 6, 1995; Due: 06-11-1995
Assigned to: Robert Lehner; Assistant U.S. Attorney, Miami.

" ._L; Michael Pybas, Senior Attorney Advisor. FOC. MCe,
(
laml
"-

use anesthesia when making one Inch Incision In Inmates
Infected palate and applying suction to abscess.
Damages Req: $13.000; 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: July 6,1995; Due: NONE. NO SUMMONS ISSUED.
Assigned to: Michael FInney; Assistant U.S. Attorney,

Pensacola, FL; Sterling Dawson, Paralegal Specialist, FCI,
Marianna
11.

UNITED STATES v. PETER HENRY

Court: DISTRICT OF PUERTO RICO
Docket No.: 91-342
Institution: MDC, Guaynabo
Type 01 Case: Habeas Corpus
Subject FOREIGN PRISONERS INS
Facts Alleged: 1995 GUA Inmate seeks to benefit from

programs not available to deportable aliens and a
modification of his 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: July 6, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: Osvaldo Carlo LInares; Assista~ U.S. Attorney,

Chief, Civil Division. Hato Rey. PR; Zoe Laboy, Attorney
Advisor. MOe. GUAYNABO

2997

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Page 3

CEO Litigation Report
July 11, 1995

A.

INMATES OF Fel, MARIANNA, et 81 v. JANET

(~NO,etal

Court: NORTHERN DISTRICT OF FLORIDA' . .. .
Docket No.: 95-000
Institution: FCI, Marianna
Type of Case: P~rsonal Uability Action (Bivens)
Subject REUGION
Facts Alleged: Male inmates at MNA In 1995 allege religious
discrimination against the Muslim religion. library books
and other interests not protected as much other religions.
No mention of RFRA. Seeks class certffication.
Damages Req: $230,000; 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: July 7,1995; Due: NONE, NO SUMMONS ISSUED.
Assigned to: Michael Finney; Assistant U.S. Attorney,
. Pensacola, FL; Sterling Dawson, Paralegal SpeCialist, FCI,
Marianna

14. CARLOS REMO MANRIQUE-CARRENO v. DANIEL
HORGAN, et al
Court: SOUTHERN DISTRICT..OF-flQRIDA..•..•.
Docket No.: 95-1237
Institution: FDC, Miami
Type of Case: Habeas Corpus
Subject: EXTRADITION, FOREIGN PRISONERS, INS
Facts Alleged: 1995 MIA inmate seeks to vacate extradition
order on the grounds that he Is claiming political asylum and
will be persecuted or killed Hhe Is returned to Peru.
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: July 7, 1995; Due: -1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, Civil Division. M1am~ FL; Michael Pybas,
Senior Attorney Advisor, FOC, MCC Miami
t

15.
UNITED STATES v. FLOR INEZ MATOS
13. CORNELIUS JOHNSON v. WARDEN HURST
Court: SOUTHERN DISTRICT OF FLORIDA
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 95-6004-CR-GONZALEZ
Docket No.: 94-d-607-n
InsthutJon: FOC, Miami
Institution:. FCI, Marianna
Type of Case: Habeas Corpus
'Pe of Case: Habeas Corpus
.
Subject. MEDICAL TREATMENT
"
bJect SENTENCING
Facts Alleged: 1995 MIA female Inmate seeks surgery to
(".... acts Alleged: 1995 MNA Inmate seeks credit for time spent remove two inch wide vaginal cyst that bleeds and
In state custody where he was sentenced to serve a
protrudes when she urinates. .
concurrent term.
Damages Req: 0; Special Monitoring: 0, Not assigned to
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
alleged to be Involved In this case.
Rec'd In Legal: July 6, 1995; Due: NONE, NO SHOW CAUSE
Rec'd In Legal: July 6,1995; Due: (&21-1995
Assigned to: laurence M. Bardfeld; Assistant U.S. Attorney,
Assigned to: Laura J. Garrett; Assistant U.S. Attorney, Chief, Miami, FL; Michael Pybas, SenIor Attorney Advisor, FOC,
CIvD Division, Montgomery, AL; Stertlng Dawson, Paralegal
MCC, Miami
Specialist. FCI, Marianna

1

29 8

Page 4

CEO Litigation Ht3port

c,

July 11, 1995
WILLIAM METALLO v. JAMES L MEGATHLlN, et

Court: DISTRICT OF COLUMBIA
Docket No.: 1:95-CV-1138
Institution: FCI, Tallahassee
Type of Case: Personal Liability Action (Bivens)
Subject: INMATE DISCIPLINE, FINES, ADMINISTRATIVE
REMEDIES
Facts Alleged: TAL Inmate in 1995 alleges violations Inmate
discipline procedures for escape charge and improper
denial of restoration of forfeited good time because of
refusal to participate In IFRP. Denied administrative remedy
forms.
Damages Req: $21,600,000; 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: July 6, 1995; Due: 08-22-1995
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee
------------------17. PAUL MIDGETT y. TOM WOOTEN, et 81
Court: SOUTHERN DISTRICT OF GEORGIA

(.,..
......

j

Cket No.: 295-92
tltut/on: FCI, Jesup
pe of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: JES Inmate In 1995 alleges lack of care for
his acute and chronic Hepatitis B and C. Seeks private care,
a TRO to remain In this court's Jurisdiction, and damages In
an unsPecified amount. Has also filed for Rule NISI on these
Issues.
Damages Req: 0; Special Monitoring: IB2, May be financial
liability, 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.
Rec'd In Legal: July 6, 1995; Due: 08-21-1995
Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney,
Savannah, GA; Michael Dedman, Paralegal Specialist, FCI,
p_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_Je_s_u_

UNITED STATES v. DOROTHY MILLER, et al
18.
Court: MIDDLE DISTRICT OF FLORIDA
Docket No.: 95-2734. .. ..
Institution: FPC, Butner
Type of Case: Habeas Corpus
Subject: SENTENCING TRANSFERS, COMMUNllY
TREATMENT CENTERS
Facts Alleged: Female inmates at Butner In 1995 write to
Judge In FFLM and ask for sentence modHicatlon to change
to home confinement.
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: July 6, 1995; Due:
Assigned to: Ralph E. Hopkins: Assistant U.S. Attorney.
Orlando, FL; Van Vandivier, Deputy Regional Counsel, SERO
19. LEWIS MORRISON v. OFFICER HINTON, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV"()894-MHS
Institution: USP, Atlanta
Type of C~se: Personal Uabillty (Bivens) and Tort Action
Subject: PROPERTY

Facts Alleged: 1993 ATL inmate alleges his property was
stolen after he was placed in special housing unit. Alleges
failure of officers to property secure his belongings resulted
In the theft.
Damages Req: $838.95; 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: July 7, 1995; Due: oa.11-199S
Assigned to: Amy Berne Kamlnshlne; Assistant U.S.
Attorney, Atlanta, GA; Mike Bredenberg, Staff Counsel, USP,
Atlanta
20.· OTHMAR PAYRLEITNER v. JOEL H. KNOWLES
Court: SOUTHERN DISTRICT OF FlORIDA
Docket No.: 95-000
Institution: FOC, Miami
Type of Case: Habeas Corpus
Subject: EXTRADITION, FOREIGN PRISONERS
Facts Alleged: MIA inmate In 1995 alleges Statute of
Umltatlon defense to his extradition to Austria and that his
extradition would violate the treaty.
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: July 7,1995; Due: -1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, Civfl Division, Miami, FL; Michael Pybas.
Senior Attorney Advisor, FOC, MCC, Miami

299~-----------------------------------------------

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Page 5

~EO Litigatiof, :;eport

July 11, 1995
(-

JOHN POWERS y. UNITED STATES

'" «urt: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:95-CV-728
Institution: USP, Atlanta
Type of Case: Federal Tort Claims Act (FTCA)
Subject: PROPERTY
Facts Alleged: ATL Inmate In 1994 seeks $750 payment for
books not secured when Inmate was placed In segregation
unit after saving another Inmate's IHe.
Damages Req: $750; 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: July 7, 1995; Due: 08-04-1995
Assigned to: David Wright; Assistant U.S. Attorney, Atlanta,
GA; Mike Bredenberg, Staff Counsel, USP, Atlanta

--------=----------------

24. MICHAEL SAMMONS v. J. L SIVLEY
Coulf: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-95-PT-0309
Institution: FCI, Talladega .... " .... -.,_ ... - - - -....--Type of Case: Personal uability Action (Bivens)
Subject: MARRIAGES
Facts Alleged: TOG Inmate in 1994 alleges warden
approved his marriage then cancelled the ceremony without
cause on two occasions.
Damages Req: $100,000; 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: July 7. 1995; Due: 07-31-1995
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Kathleen Kenney, Attorney Advisor, FCI,
Talladega

22. EUGENE REEVES v. ARNETT. FLOWERS, et. al.
Court: NORTHERN DISTRICT OF FLORIDA
DocJcet No.: 95-40070-mmp
Institution: FCI, Tallahassee
Type of Case: Habeas Corpus
Subject: Jail Time Credit
Facts Alleged: TAL inmate In 1995 seeks credit toward
""Ieral sentence for time In state custody. Also seeks credit
(
time in federal custody on a writ of habeas corpus ad
'"
osequendum.
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: July 6. 1995; Due: 05-05-1995
Assigned to: Bruce E. Lowe; Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, Fel,
Tallahassee

25.
UNITED STATES v. WALTER SEARCY
Court: MIDDLE DISTRICT OF GEORGIA
Docket No.: CR-93-00020
Institution: FCI, Jesup
Type of Case: Habeas Corpus
Subject FINES
Facts Alleged: 1995 JES inmate appeals order by trial court
(criminal proceeding) that the Inmate pay restitution. asks
for delay of payment of restitution until after Incarceration.
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: July 7. 1995; Due: NONE. NO SHOW CAUSE
Assigned to: James L Wlg~lns; United States Attorney,
Macon, GA; Michael Dedman, Paralegal Specialist, Fel,
Jesup

23. CHARLES RELIFORD v. UNITED STATES
Court: NORTHERN DISTRICT OF GEORGIA
DocJcet No.: 1:95-CV-1 002-JTC
Institution: USP, Atlanta
Type of Case: Federal Tort Claims Act (FTCA)
Subject PRQPERTY
Facts Alleged: ATL inmate in 1994 seeks $100 for property
lost In the man where officer allegedly refused to allow
inmate to Insure the package before sending it to TOG.
Damages Req: $100; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Reglona' office staff are not
alleged to be Involved In this case.
Rec'd In Legal: July 7, 1995; Due: 07-03-1995
' .Igned to: Curtis E. Anderson; Assistant U.S. Attorney,
( .fef, Civil Division, Atlanta, GA; Mike Bredenberg, Staff
Counsel, USP. Atlanta

26. DAWN SUTTON v. BUREAU OF PRISONS, et al
Coulf: DISTRICT OF SOUTH CAROUNA
Docket No.: 9:95-1516..()JC
Institution: FCI, Estill
Type of Case: Injunction
Subject MEDICAL TREATMENT
Facts Alleged: EST Inmate In 1995 seeks TAO so that facility
will return medication prescribed to inmate. Inmate claims
BOP personnel changed or misdiagnosed his needs
contrary to the opinions of three of the Inmate's doctors.
Damages Req: 0; Special Monitoring: a, Not assigned to
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd In Legal: July 7. 1995; Due: 01-14-1995
Assigned to: Barbara Bowens; Assistant U.S. Attorney,
Columbia, SC: Jon M. Adduci, Paralegal Specialist. Fel, Estill

300

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July 11, 1995

(
....

e.

Page 6

DEXTER CON ROD v. JAMES MOSELY, et 81
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 94-H..Q788-E; Type of Case: Personal Uabllity
. - . _. - .. - - •.' A"ciToh (BiVens)": Damaries 'Req:¥"$5o,oOO .,-, ~. " ,.....- ........ ,,-

EUGENE WEINRAUB v. UNITED STATES

Durt: SOUTHE~N DISTRICT OF FLORIDA
Docket No.: 95-01002
Institution: MCC, Miami

Type of Case: Federal Tort Claims Act (FTCA)
Subject: CONDITIONS OF CONFINEMENT, MEDICAL

Subject: VISITING Institution: FCI. Talladega
Facts Alleged: Inmate at TOG in 1994 alleges that his wife

TREATMENT

and children were denied visitation rights.

Facts Alleged: MIA Inmate In 1992 alleges Injuries he

Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-04-1994
Significant Activity: 05-30-1995 Order adopts magistrate's

sustained as a result of hurricane Andrew were foreseeable
and that he should have received medical attention for his
injuries sooner than he did.
Damages Req: $250,000; 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: July 7, 1995; Due: 08-10-1995
Assigned to: lissette Reid; Assistant U.S. Attorney, Miami,
FL: Michael Pybas, Senior Attorney Advisor, FDC, MCC,
Miami

report. 0-04-1995 The magistrate's report recommends
dismissal. Visiting privileges with this inmate were not
denied.
CHARLES DOZIER v. FRED J. STOCK
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-823-CAM: Type of Case: Habeas
Corpus; Damages Req: 0

~~~~~~~~~~~~~~~~~~~S~ctSENTENCING

Significant Activity on
Existing Cases

-----=---------------

ROBERT H. BURNS v. C. LAWTHER, et 81
,'_. "OUIt: NORTHERN DISTRICT OF ALABAMA
( "ocket No.: CV-90-H-0475-E; Type of Case: Personal
""
liability Action (Bivens); Damages Req: $2,500,000
Subject: MEDICAL TREATMENT Institution: FCI,
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 testifled
that the health care was at the level of such reasonable care,
skDl and diligence as other similarly situated health care
providers In the same line of practice ordinarny 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: 06-07-1995 Eleventh Circuit reverses and
remands finding that there was a timely request for a jury
trial.

3001

~s~n:USP.M~~

Facts Alleged: InmateatATLln 1994 alleges that he has
completed his sentence, but it stili Incarcerated.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 03-28-1994
Significant Activity: 06-24-1994 Order adopts magistrate's
report, dismisses case. 05-26-1994 Magistrate's report
recommends dismissal for fanure to exhaust administrative
remedies.

Page 7

-CEO Litigation Report
July 11, 1995

A

BERT GRAHAM v. FRED STOCK, et 81

VICKI GROLL Y. UNITED STATES OF AMERICA
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 1:92-CV-1784.JTC; Type of Case: Personal
Docket No.: 94-50242/RV; Type of Case: Federal Tort
Liability Action (Bivens); 'Oiimages Aeq:45,OOO~O(JO"""-"" .. - ~Ims Act (FleA); Damages Fteq:' $6t5'~"35 .~.
Subject. DISCRIMINATION Institution: USP, Atlanta
Subject PROPERTY Institution: FCI, Marianna
Facts Alleged: Inmate at ATL alleges that he was
Facts Alleged: Inmate at MNA In 1994 alleges property
discriminated against because of his race when he was not destroyed by rats due to staff negligence.
Special Monitoring: 0, Not assigned to special monitoring
allowed to work for the Plumbing Shop in 1991. Due to the
negligence of his foreman In the Steam Shop, he was
Date Case Filed: 1'2-02-1994
severely burned. Dented access to courts and the U.S. mail. Significant Activity: 06-12-1995 Dismissed with preJudice.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 07-05-1992
GEORGE GUNN v. UNITED STATES, et 81
Significant Activity: Appeal to Eleventh Circuit, 94-9011.
Court: NORTHERN DISTRICT OF FLORIDA
05-15-1995 Appeal dismissed because Inmate Accident
Docket No.: 94-400~Nv'S; Type of Case: Federal Tort.
Compensation provides exclusive remedy. 08-19-1994
Oaims Act (FlCA); Damages Req: $4,000,000
Order denied Inmate's motion for summary judgement as
Subject: SAFETY Institution: FCI, Tallahassee
premature. The government's motion to dismiss Is granted.
Claims against the warden In his official capacity are barred Facts Alleged: TAL Inmate alleges he slipped and fell In the
by the doctrine of sovereign Immunity. ~ecause the inmate shower on Feb. 27,1994. The safety hand raD broke loose
as he grabbed it, causing him to fall back on some mop
was Injured while working, his only remedy Is under 18
buckets stored in the shower stall. He injured his back,
U.S.C. 4126. This is the case regardless of any negligence
neck, arms and legs.
by prison officials. Therefore, his FTCA claim fails. The
Special
Monitoring: 0, Not assigned to special monitoring
court avoids ruling on the Issue of whether an Inmate Is an
Date
Case
Flied: 02-23-1994
employee. A claim for denial of access to the courts Is
nvalld unless the inmate demonstrates a prejudice in his
Significant Activity: 05-04-1995 Order adopts magistrate's
al position. The inmate has an adequate law library at his report, dismisses case. 02-37-1995 The magistrate's report
Isposal, which precludes his claim for constit~lonal
recommends dismissal.

(~urt:·NORTHERN DISTRICT OF GEORGIA
'"

~

('
""

~~~~n~m~ybecause~the~~it~~n~a"egederror~

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

returning a law book he ordered to the publisher.
-----------------NORMAN W. GRIFFIN Y. U.S. BUREAU OF PRISONS
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 93-8475..cIV·UNGARO-BENAGES; Type of
Case: Habeas Corpus; Damages Req: 0
Subject. SENTENCING, DETAINERS
Institution: Southeast Region
Facts Alleged: State prisoner seeks a state facility to be
designated for his federal sentence. The state sentence has
been ordered to run concurrently. He also seeks removal of
a detainer.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 09-30·1993
Significant Activity: 06-21-1995 Order adopts magistrate's
report, dismisses case. 05-31-1995 The magistrate's report
recommends dismissal. The ~ate and federal sentences
can be served concurrently.

STEVIE JENNINGS y. KENNETH JOHNSON, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 94-PT-0332·E; Type of Case: Personal UabDity
Action (Bivens); Damages Req: $300.000
Subject ASSAULTS, ADMINISTRATIVE DETENTION,
MEDICAL TREATMENT Institution: Fel, Talladega
Facts Alleged: TOG Inmate In 1994 alleges he was the
subject of an Inmate assault whOe staff watched. He alleges
inadequate medical care for his wounds. He alleges
confinement In SHU for an excessive amount of time.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 02-11-1994
Significant Activity: 05-08-1995 Appeal to Eleventh Circuit.
05·10-1995 District court denies request for in forma
pauperis on appeal.

3

PageS

CEO Litigation Report
July 11, 1995

e

CHARLIE WADE POWELL v. RICHARD C. ERWIN, et al
Court: MIDDLE DISTRICT OF NORTH CAROUNA

.ALTER JOHNSON v. LIEUTENANT DAVIS, et 81

....

yourt; NORTtiERN DISTRICT OF GEORGIA
Docket No.: 1:94-cv-2764-RCF; Type of Case: Personal
Liability Action (Bivens}; Damages Req: $1.500,000
Subject: ASSAULTS Institution: USP, Atlanta
Facts Alleged: Inmate at LVN In 1995 alleges that he was
assaulted by staff while at ATL in 1994 during an
interrogation In SHU.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 10-19-1994
Significant Activity: 05-24-1995 Dismissed. Officers Involved
In the use of force at Issue In this case submitted
declarations showing there was Justification for the force
used. The Inmate did not contradict the information with
further declarations of his own. The marshals were directed
to make further efforts to find the address of one defendant
officer who had not been served because he was no longer
employed at ATL
MICHAL OION MACK v. U.S. PUBUC HEALTH
SERVICE, et. 81

Docket No.: 6:90CVOO171; Type of Case: Personal Uabnity
Action (BiVens); Damages·Req: $150;000:000 ..- ..... - •..... , ..
Subject: MEDICAL TREATMENT Institution: FCI,
Talladega

Facts Alleged: Assaulted by pollce during arrest In 1988.
Criminal trial Judge was preJudiced. Transferred from
county Jail to BUT In 1989 for evaluation. UnldentHted staff
at BUT administered involuntary Injection which caused
Infectious disease. USM transported him to TOG In 1989
where he was housed In segregation and refused
medication. He was returned to BUT In 1989.
Special Monitoring: lOll, Case management may be a
problem. Numerous institutions Involved
Date Case Filed: 04-02-1990
Significant Activity: 05-22-1995 Fourth Circuit (94-7398)
affirms. Appeal is prohibit8d because the inmate faDed to
file timely objections to a magistrate's report.
ROBERT ROBINSON

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 95CV-952-RLV; Type of Case: Mandamus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: USP, Atlanta
( ,",cts Alleged: ATL Inmate In 1995 alleges facility continues
lose his medical records and provide Inadequate health
care by not properly diagnosing his condition or providing
outside treatment.
.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 04-11-1995
Significant Activity: 04-27-1997 Inmate moves to vol~ntarlly
dismiss case.

\. . .10

JOHN WILLIAM MUNSON v. JANET RENO
Coun: NORTHERN DISTRICT OF FLORIDA

Docket No.: 94-50125-RV; Type of Case: Personal Liability
Action (Bivens); Damages Req: 0
Subject OVERCROWDING Institution: Southeast Region
Facts Alleged: Inmate at FL state institution In 1994 alleges
the BOP Is overcrowded.
Special Monitoring: O. Not assigned to special monitoring
Date Case Flied: 05-02-1994
Significant Activity: 05-08-1995 Eleventh Circuit dismisses
appeal for failure to pay docketing fee.

3008

v. COUNSELOR JONES, et al

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-40330-WS; Type of Case: Personal liability
Action (Bivens); Damages Req: $2.000.000
Subject: CONDITIONS OF CONFINEMENT,
ADMINISTRATIVE DETENTION Institution: Fel,
Tallahassee

Facts Alleged: Inmate at TAL In 1993 alleges that he Is being
housed with a homosexual Inmate against his wishes. He
was placed In segregation as a result of him being vocal
concerning these obJections.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 10-{)1-1993
Significant Activity: 04-24-1995 Order adopts maglstrate's
report. dismisses case. Q3..28-1995 The magistrate's report
recommends dismissal. The Inmate faDs to allege any facts
which establish that there was an obvious risk of harm to the
Inmate plaintiff or that prison officials were aware or should
have been aware of any risk of harm. The Inmate alleges
psychological distress from having to share a room with a
homosexual. This does not state an Eighth Amendment
violation. The Constitution Is not violated when
psychological distress Is generated by a prisoner's
unfounded prejudice against another person.

Page 9

·CEO Ufigation Report
July 11, 1995

MIGUEL M. TAPIAv. UNITED STATES BUREAU OF
PRISONS, et a.
'.. ';ourt: NORTHERN DISTRICT OF FLORIDA
Court: SOUT~ERN DI~TRICT OF FLORIDA
Docket No.: PCA 94-30069/LAC; Type of Case:.Habeas
Docket No.: 93-452-CIV-ATKINS; Type of Case: Federal Tort
Corpus; Damages Req: 0
Claims Act (FTCA); Damages Req: $147.00
Subject SENTENCING Institution: FPC, Eglin
Subject:
PROPERTY Institution: MCC, Miami
Facts Alleged: Inmate at EGL alleges that he should receive
Facts Alleged: Inmate at ROC in 1993 alleges that whOe an
credit for time spent on restrictive bond.
inmate at MCC, Miami during Hurricane Andrew, his
Special Monitoring: 0, Not assigned to special monitoring
property was misplaced during the transfer to JES.
Date Case Filed: 05-31-1994
Special
Monitoring: ICa, Publicity I Impact on staff morale,
Significant Activity: 05-11-1995 Order adopts magistrate's
Resulting
from 08-92 Hurricane Andrew
report. dismisses case. 04-12-1995 The magistrate's report
recommends dismissal. The Inmate Is not entitled to receive Date Case Filed: 05-20-1993
Significant Activity: 06-19-1995 Dismissed because
credit for time on pretrial bond, nor has the denial of this
decisions made by prison officials In dealing with
credit violated his rIght to equal protection.
~_"''''-L...~ SALERNO v. JOHN E. HAHN

~~~~~~~~~~~~~~~~~~~

MICHAEL STUTEVOSS v. JANET RENO, et al
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-A-633-N; Type of Case: Personal Liability
Action (Bivens); Damages Req: unspecHied
Subject SAFETY, INMATE DISCIPLINE,
DISCRIMINATION, PROPERTY Institution: FPC, Maxwell
Air Force Base
Facts Alleged: MON Inmate In 1994 alleges he was required
o work In violation of OSHA regulations on a diesel truck
ith exhaust problems. After he complained of the problem,
...... e was given a false inclde~ report and his property was
arbitrarily seized.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-25-1994
Significant Activity: 06-22-1995 Dismissed for failure to
comply with the court's orders concerning objections to the
magistrate's report.

ri

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

LUIS TAMAYO v. J.B. THOMPSON, et al
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-D-1414-N; Type of Case: Personal Liability
Action (Bivens); Damages Req: $100,000
Subject: MEDICAL TREATMENT Institution: FPC, Maxwell
Air Force Base
Facts Alleged: Inmate at LOA In 1994 alleges that while at
MON In 1993, ~e contracted syphUlis due to the Institution's
faHure to Isolate an Infected Inmate.
Special Monitoring: IC7, Publicity /Impact on staff morale,
Medical Malpractice
Date Case Filed: 09-06-1994
Significant Activity: 06-08-1995 Court denies motion for In
forma pauperis on appeal. 06-05-1995 Notice of Appeal.
-22-1995 Order adopts magistrate's report, dismisses
see 05..()1-1995 The magistrate's report recommends
"' .. , dismissal. The system used for screening for
communicable diseases meets constitutional requirements.

~

emru~ocy~u~~~w~uHu~caMAnd~a~e~m~

to protection under the discretionary function exception to
FTCA.
BERNARD J. THOMAS v. KEITH OLSON
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: TCA 93-40321-MMP; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: INMATE DISCIPLINE Institution: FCI, Tallahassee
Facts Alleged: Inmate at TAL In 1993 alleges that he was
subjected to a disciplinary proceeding In which his due
process rights were violated because he was not given
adequate notice of the charges against him.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 12-10-1993
Significant Activity: 03-27-1995 Maglstrat~'s report
recommends dismissal. The Inmate was provided all due
process protections required by Wolff. The fact that BOP
procedures were not strictly followed does not result In a
constitutional violation.
.
CLYDE TURNER v. BUREAU OF PRISONS, et 81
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: Oalms 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'{)4-1990. Other assaults by Inmates as
a result of being labeled a snitch.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-12-1991
Significant Activity. 06-06-1995 Appeal to Eleventh Circuit.

30 4

Page 10

·CEO Litigation Report
July 11, 1995

(....

UARDO UllOA Y. DR. E. HILLlNGSWORTH, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-50097; Type of Case: Personal Liability
Action (Bivens): Damages Req: $3,000,000
Subject MEDICAL TREATMENT Institution: FCI, Marianna
Facts Alleged: MNA inmaJe 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. Claims loss
of use of arm.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-10-95
Significant Activity. 06-07-1995 Order adopts magistrate's
report, dismisses case. 05-16-1995 The magistrate's report
recommends dismissal based on the Inmate's motion for
voluntary dismissal.
FERNANDO VARELA Y. FRED J. STOCK,

(

et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-1119-JTC; Type of Case: Personal
UabHity Action (Bivens); Damages Req: $3,000,000
Subject: ADMINISTRATIVE DETENTION,
ClASSIFICATION Institution: USP, Atlanta
Facts Alleged: Inmate at ATL In 1994 alleges that he was
lmprOper1 Y classHied as a Mariel Cuban. As a result, he as
llcked up In SHU for several days.
peclal Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-25-1994
SlgnNlcant Activity: 06-15-1995 Order grants government's
motion for summary Judgement, dismisses case. The due
process clause does not provide a prisoner with a liberty
interest in remaining out of temporary lockup. Neither do
BOP regulations create such a liberty Interest Even Hthey
did create an Interest, the process afforded him was
sufficient Using the fact that the Inmate was born In Cuba
as the justmcatlon for placing him In administrative detention
was not Dlegal discrimination based on national origin. The
clear purpose of the segregations was maintenance of
security.

"l

......

D'ANTONIO WASHINGTON Y. KATHLEEN HAWK. et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:95-CV-0467-CC; Type of Case: Federal Tort
Claims Act; Damages Req: $12,689.605
Subject ASSAULTS Institution: USP, Atlanta
Facts Alleged: Wrongful death suit flied by parents of
correctional officer that was killed by Inmate In 1994 at ATL
Special Monitoring: 181, May be financlalllabillty, All cases
.nvoMng a death.
ate Case Flied: 02-25-1995
'Significant Activity: 05-15-1995 Plaintiffs Motion for
voluntary dismissal.

~

(
\,....

300

2.
HECTO~ GUZMAN RIVERA v. METROPOUTAN
DETENTION CENTER

United States Government
Memorandum

CourtDISTRJCT OF PUERTO RICO

Date:

August 2. 1995

Reply to
Attn. of:

Sherree L Sturgis. Regional
Southeast Region. Bureau of prist) .

Subject:

July. 1995 SER Lhigation

To:

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

cou~

New Cases

Docket No.: 95-1434(JAE).----- ..--- ... __ .-.-Institution: MOC. Guaynabo
Type of Case: Tort
Subject PROPERlY. MEDICAL TREATMENT. AD
DETENTION, ACCESS TO COURTS
Facts Alleged: Inmate at JES In 1995 alleges that while at
GUA. he was not allowed legal calls. access to his legal
materials. or allowed to take a shower while In administrative
detention.
Damages Req: unspecHied; 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: ; Due: 07-25-1995

~~~~~~~~~~~~~~~~~~_ks~n~~:Ma~Ho~~~R~~~~sta~U.aMom~

1. JIMMY BANKS v. FEDERAt- BUREAU OF
PRISONS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:95-CV-844-JTC
Institution: USP. Atlanta
Type of Case: Personal Uabllity Action (Bivens)
Subject ASSAULTS, MEDICAL TREATMENT
." .acts Alleged: Inmate at ATL In 1995 alleges that he was
~ ~tabbed whOe In SHU because of Inadequate security.
'-.. ' Insufficient medical care for the Injuries.
Damages Req: $10,000.000; Special Monitoring: O. Not
assigned to special monitoring; SERa: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: July 31, 1995; Due: 09-05-1995
Assigned to: Sharon Douglas Stokes; Assistant U.S.
Attorney. Atlanta. GA; Angie Grider. Attorney Advisor.
USP-Atlanta
_
__________________

(~

Chief. Civil DMsion. Hato Rey. PR; Zoe Laboy. Attorney
Advisor. MOe. GUAYNABO
JIMMY LEE SMITH v. JOSE ACEBAL, et al
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 95-A-906-N
InstltutiC?n: FPC, Maxwell Air Force Base
Type of Case: Personal Uability Action (Bivens)
Subject: FURLOUGHS MEDICAL TREATMENT
Facts Alleged: Inmate at MON In 1995 alleges that he was
denied a furlough and medical treatment for leg and toe
InJuries.
Damages Req: $10.500,000; Spec/al Monitoring: ; SERa:
Regional office staff are not alleged to be Involved In this
3.

case.
Rec'd in Legal: July 31, 1995; Due: 09-11-1995
Asslgn~ to: Ashton Holmes; Assistant U.S. Attorney.
Montgomery. AL; Denise Miles. Paralegal Specialist Trainee.
Southeast Regional Office

4. ZENAIDA MORENO v. JOEL H. KNOWLES
Court: SOUTHERN DISTRICT OF flORIDA
Docket No.: 95-13894-CIV-MORENO
InstitUJIon: FOC, Miami
Type of Case: Personal Uabllity Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at MIM In 1995 alleges that she has
not received adequate medical treatment for Injuries
received whDe working in the law library.
Damages Req: unspecified; Spec/al Mon/torlng: O. Not
assigned to special monitoring; SERO: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: July 31, 1995; Due: 09-12-1995
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney.
Deputy Chief. Civil Division. Miami. FL; Michael Pybas.
298 1r Senior Attorney Advisor. FOC. MeC, Miami

CEO Litigation Report
August 2, 1995

aI.
(
".

Page 2

.

PEDRO REYES NIEVES v. C.R. NICKLIN, et al

8. JACK FORER v. WARDEN KNOWLES
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-1057(PG)
Docket No.: 95-1139-CIV-UUB
Institution: MOC, Guaynabo .
. -- ... , .... , -" ,Institution: FDC, Miaml_, ._
Type of Case: Personal liability Action (Bivens)
Type of Case: Habeas Corpus
Subject INMATE DISCiPliNE
Subject LAW LIBRARIES, ACCESS TO COURTS
Facts Alleged: Inmate at MIL alleges that while at GUA In '
Facts Alleged: Inmate at MIM In 1995 alleges that he lias
1993, he was given a false incident report for inciting a work been denied meaningful access to courts because of an
Insufficient law library.
stoppage and placed In SHU.
Damages Req: $1,400,000; Special Monitoring: 0, Not
Damages Req: 0; Special Monitoring: 0, Not assigned to
assigned to special monitoring; SERO: Regional office
special monitoring; SERO: Reglona. 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: July 31, 1995; Due: Q9.12·1995
Rec'd In Legal: July 31, 1995; Due: NONE, NO SHOW CAUSE
Assigned to: Osvaldo Carto Linares; Assistant U.S. Attorney, Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Chief, Civil Division, Hato Rey, PR; Zoe Laboy, Attorney
Deputy Chief, Civil DMsion, Miami, FL; Michael Pybas,
Senior Attorney Advisor, FOC, MCC, Miami
Advisor, MOC, GUAYNABO

~ourt: DISTRICT OF PUERTO RICO

6. PETER REED
at al

v. FEDERAL BUREAU OF PRISONS,

8. KIRK YOUNGBLOOD y. F.P. SAM.SAMPLES
Court: MIDDLE DISTRICT OF FLORIDA
Docket No.: 95-000
Institution: FL State Institution
Type ot Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate now In FL state Institution In 1995 Is
seeking credit for time served whOe In federal custody on
writ from the state.
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: July 31. 1995: Due: NONE, NO SHOW CAuse
Assigned to: Chartes R. Wilson; United States Attorney,
Tampa, FL; Eart L Cotton, Assistant Regional Counsel,
SERO

Court: NORTHERN DISTRICT OF flORIDA
Docket No.: 94-5287
Institution: FCI, Tallahassee
Type ot Case: Personal Liability Action (Bivens)
Subject: DISCRIMINATION
, .acts Alleged: Inmate at TAL In 1994 alleges that he was
( . ,-ubjected to discriminatory actions because of his race and
.,..
sexual orientation.
Damages Req: $6,000,000; 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: July 31, 1995; Due: 02·14-1995
Assigned to: P. Michael Patterson; U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee

10. GEORGE REYNOLD JONES, v. KEITH OLSON, at
81
Court: NORTHERN DISTRICT OF FLORJDA
Docket No.: 94-40628-WS
Institution: FCI, Tallahassee
Type ot Case: Personal UabDIty Action (Bivens)
Subject DETAINERS
Facts Alleged: Inmate at TAL In 1995 alleges his
constitutional rights were violated due to his transfer under
the lAO.
Damages Req: $200,000; Special Monitoring: 0, Not

7. BRENDAN REILLYv. UNITED STATES, et 81
Court: SOUTHERN DISTRICT OF flORIDA
Docket No.: 95-1402-CIV-GRAHAM
Institution: MCC. Miami
Type of Case: Personal Uability (Bivens) and Tort Action
Subject ASSAULTS
Facts Alleged: Inmate at MIA alleges he was assaulted in
SHU In 1993 as a result of Inadequate security.
Damages Req: $400,000; 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: July 31, 1995; Due: 08-28-1995
Signed to: Robyn J. HeTmann; Assistant U.S. Attorney,
eputy Chief, CIvD Division, Miami, FL; Michael Pybas,
Senior Attorney Advisor, FDC, MeC, Miami

t. ~
"

assigned to special monitoring; SERa: Regional office
staff are not alleged to be Involved In this case.
Rec'd In Legal: July 31, 1995; Due: 07·15-1995
Assigned to: Robert D. Stinson; Assistant U.S. Attorney,
Tallahassee, FL; Dan Rouse, Paralegal Specialist. FCI,
. Tallahassee
298~

c~o Litigation Report

Page 3

August 2, 1995

~
'.

.

RICHARD MANDILE v. UNITED STATES
·NITENTIARY,
ATlANTA, GA
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:95-CV-739·MHS·· _. ... ._.
Institution: USP, Atlanta
Type of Case: Federal Tort Oaims Act (FTCA)
Subject: PROPERTY
Facts Alleged: Inmate at ATL In 1995 alleges that his
property was lost while he was In SHU. Property was not
promptly inventoried and ceU door was left open.
Damages Req: $300.00; 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: July 31. 1995; Due: 07·13-1995
Assigned to: Amy Berne Kamlnshlne; Assistant U.S.
Attorney. Atlanta. GA ; Angle Grider. Attorney Advisor,
USP-Atlanta

13. DAVID LUCKIE COCHRAN v. JOSEPH CLASS, et
al
Court: NORTHERN DISTRICT OF A.ORIDA
Docket No.: 91-50170
Institution: Fel, Marianna
Type of Case: Personal Uabnity Action (Bivens)
Subject: MEDICAL TREATMENT, ACCESS TO COURTS
Facts Alleged: Inmate at SHE In 1995 alleges that whUe at
MNA prior to 1992. Inadequate medical treatment caused
a heart attack. Denied access to courts and the
administrative remedy process. Third amended complaint
Damages Req: unspecffied; 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: July 31. 1995; Due: 09-15-1995
Assigned to: Michael Finney; Assistant U.S. Attomey,
Pensacola. FL; Gerelene Gooden, Paralegal Specialist,
Southeast Regional Office
.

12. LEROY WISSER v. LARRY COX
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-30173
Institution: FPC, Eglin
Type of Case: Habeas Corpus
Subject CLASSIFICAnON
. •cts Alleged: Inmate at EGL In 1995 alleges that he was
( ~en an Inapplicable Public Safety Factor based on
'... a miSinterpretation of Information In his PSI.
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: July 31. 1995; Due: 08-28-1995
Assigned to: Samuel A. Alter. Jr.; Supervising Assistant U.S.
Attorney. Pensacola FL; Gerelene Gooden. Paralegal
SpeCialist, Southeast Regional Office
-------------------

14. LARRY CORNELIUS RUSSELL v. M. CIOLU, at al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1 :9S.oI-1295-WBH
Institution: USP, Atlanta
Type of Case: Personal Uabnity Action (Bivens)
Subject PROPERTY
Facts Alleged: Inmate at THA In 1995 alleges that whUe In
All In 1993. a box of his property was lost whOe In man to
EST.
Damages Req: unspecffied; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
staH are not alleged to be Involved In this case.
Rec'd In Legal: July 31. 1995; Due: 08-25-1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, Civil Division, Atlanta. GA; Mike Brecienberg, Staff
Counsel. USP. Atlanta

29 3

CEO Litigation Report

Page 4

August 2, 1995

As.

.
JOSE FERNANDEZ-FIG.UEROA v. RUDV FRANCO,

18. DAVLON W. RUSHING Y. DR. E. RUCKER, et al
( ~ al
Court: NORTHERN DISTRICT OF FLORIDA
".
Court: DISTRICT OF PUERTO RICO
Docket No.: 94-50285-LAC
Docket No.: 95-1791-WRD
Institution: FCI, Marianna
Institution: MOC, Guaynabo
Type of Case: Personal liability Action (Bivens)
Type of Case: Personal Liability Action (Bivens)
Subject: MEDICAL TREATMENT, MENTAL: HEALTH
Subject INMATE DISCIPUNE•. URINE SURVEILLANCE.
Facts Alleged: Inmate at MNA in 1995 alleges that he Is not
COMMUNITY TREATMENT CENTERS
receiving adequate medical treatment for his mental
Facts Alleged: Inmate at GUA In 1995 alleges he was
condition. All medications for depression were cancelled.
illegally charged with an Incident report based on urinalysis Lower bunk order rescInded.
which resulted In removal from a CCC.
Damages Req: &1,500,001; Special Monitoring: 0, Not
Damages Req: 0; Special Monitoring: 0, Not assigned to
assigned to special monitoring; SERa: Regional office
special monitoring; SERO: Regional office staff are not
staff are not alleged to be Involved In this case.
alleged to be Involved In this case.
Rec'd in Legal: July 31, 1995; Due: 09-18-1995
Rec'd in Legal: July 31, 1995; Due: 09-21·1995
Assigned to: Michael Finney; Assistant U.S. Attorney,
Assigned to: Osvaldo Carta Linares; Assistant U.S. Attorney, Pensacola, FL; Stertlng Dawson, Paralegal Specialist. FCI,
Chief, Civil OMslon, Hato Rey, PR; Earl L Cotton, Assistant
Marianna
Regional Counsel, SERO
19. MICHAEL FISHMAN v. GEORGE ELLEN HURST,
16. PAUL SILVERS v. JOEL KNOWLES
et al
Court: SOUTHERN DISTRICT OF flORIDA
Court: NORTHERN DISTRICT OF flORIDA
Docket No.: 95-50185·RV
Docket No.: 95-6619-CIV-GONZALEZ
Institution: FCI, Marianna
Institution: FDC, Miami
Type of Case: Habeas Corpus
Type of Case: Habeas Corpus
Subject: CLASSIFICATION
"ubject. DETAINERS, CLASSIFICATION
( .. 'acts Alleged: Inmate at MIM In 1995 alleges that a state .
Facts Alleged: Inmate at MNA In 1995 alleges that he has
..... detainer should be removed and he should be reclassHted.
been given to many severity points.
Damages Req: 0; Special Monitoring: 0, Not assigned to
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
special monitoring; SERO: Regional office staff are not
alleged to be Involved in this case.
alleged to be Involved In this case.
Rec'd In Legal: July 31, 1995; Due: 09-22-1995
Rec'd In Legal: July 31, 1995; Due: 08-07·1995
Assigned to: Susan J. Johansen; Paralegal Specialist, U.S.
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S.
Attorney's Office. Fl Lauderdale, FL; Michael Pybas. Senior Attorney. Pensacola FL; Stertlng Dawson, Paralegal
Specialist, Fel, Marianna
Attorney Advisor, FOC. MeC, Miami
17. SELBIE MCNAIR-BEVv. M. CARROLL
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-1171-CIV-FERGUSON
Institution: MCC, Miami
Type of Case: Personal Uability Action (Bivens)
Subject.IN~ATE DISCIPUNE, PROPERTY
Facts Alleged: Inmate at MIA In 1995 alleges that he was
given a false Incident report for conducting a business when
he received a money order from another Inmate's girtfriend.
The money order was not placed In his account.
Damages Req: $2.000.000; Special Monitoring: 0, Not .
assigned to special monitoring; SERO: Regional office
Altaff are not alleged to be Involved in this case.
~eC'd In Legal: July 31,1995; Due: ()9.()9-1995
(
Assigned to: Peter Outerbridge; Assls'tant U.S. Attorney,
..... Mlam~ FL; Michael Pybas, Senior Attorney AdVisor, FDC,
MCC, Miami
298

20. RONALD J. BIVINS Y. J.L SILVEY
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 95-H-1732-E
Institution: FCI, Talladega
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at TOG In 1995 alleges that he has
been denied early release because he had been Involved in
a crime of violence even though he participated in the drug
abuse program.
Damages R~q: 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: July 31, 1995; Due: ()8.()3-1995
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Kathleen Kenney, Attorney Advisor, FCI,
Talladega

CEO Litigation Report

Page 5

August 2, 1995
GLENN E. LOVETT v. KATHY HAWK, et al

Significant Activity on

• DISTRICT OF MINNESOTA

.'
( .•
.,

23. LEROY CHARLES HOGUE v. MICHAEL W.
GARRETT
Court: MIDDLE DISTRICT OF A1.ASAMA
Docket No.: 95-T-847-N
Institution: FPC, Maxwell Air Force Base
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: Inmate at MON in 1995 alleges his sentences
should be old law since it was not appealed after Mistretta
and should be eligible for SGT.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERa: Regional office staff are not
aneged to be Involved In this case•
Rec'd in Legal: July 31. 1995; Due: 07-18-1995
.
Assigned to: Patricia A. Snyder; Assistant U.S. Attorney,
Montgomery, AL; Eart L Cotton, Assistant Regional
Counsel. SERO

2985

REGINALD BOOKER v. F. SAM SAMPLES, et al
Court: NORTHERN DISTRICT OF GEORGIA .
Docket No.: 1:94-cv-2480-RHH; Type of Case: Personal
Liability Action (Bivens); Damages Req: unspecified
Subject: MEDICAL TREATMENT Institution: USP, Atlanta
Facts Al/eged: ATL Inmate in 1994 alleges he has not
received adequate medical care for foot problems since
1992. The defendants have all but Ignored his requests for
treatment.
Special Monitoring: IC7, Publicity I Impact on staff morale,
Medical Malpractice
Date Case Filed: 08-09-1994
Significant Activity: 07-17-1995 Order grants government's
motion to dismiss. Mild bunion problem was not a serious
medical need. Inmate had received extensive treatment
other than surgery so there was not deliberate Indifference.

.

~

t

PAUL WENDELL CALHOUN, JR. v. VIC LOY
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 29544; Type of Case: Habeas Corpus;
Damages Req: 0
.
Subject SENTENCING Institution: FCr, Jesup
Facts Alleged: Inmate at JES In 1995 alleges that he should
receive credit for time served whOe In state custody.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 02-28-1995
Significant Activity: 07-17-1995 Order adopts magistrate's
report. dismisses case. 06-23-1995 The magistrate's report
recommends dismissal. The inmate Is not entitled to credit
for the time he spent In a hospital as a condition of ban prior
o

22. MITCHELL LEEFAR v. WILLIAM PATRICK
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 95-1253-CIV-NESBIT
Institution: MCC, Miami
Type of Case: Habeas Corpus
Subject. INMATE DISCIPLINE, COMMUNITY
TREATMENT CENTERS, MEDICAL TREATMENT
.," ..acacts Alleged: Inmate at MIA in 1995 alleges that he was
(
.iven an incident report for taking a prescribed medication
',....
and taken out of a halfway house as a result
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: July 31, 1S~~5; Due: 08-14-1995
Assigned to: Susan J. Johansen; Paralegal Specialist, U.S.
Attorney's Office. Ft. Lauderdale. FL; Michael Pybas, Senior
Attorney Advisor, FOC, MCC, Miami
______________________________________

Existing Cases

t

Docket No.: 4-95-397
Institution: Southeast Region
Type of Case: Personal liability Action (Bivens)
Subject: TRANSFERS
Facts Alleged: Former employee who was convicted of
sexual assault and Incarcerated in a state facility seeks to be
transferred to an institution in the SER.
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: July 31, 1995; Due: 07-31-1995
. Assigned to: Mary Madigan; Assistant U.S. Attorney,
Minneapolis, MN; Van Vandivier, Deputy Regional Counsel,
SERO

CEO Litigation Report
August 2, 1995

Page 6

,-

('
",

IEL J. FEDERLE v. VIC LOY, et al

. SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV295-10; Type of Case: Injunction; Damages
Req:O
Subject MEDICAL TREATMENT Institution: FCI, Jesup
Facts Alleged: Inmate at JES In 1994 alleges that he is not
receiving adequate medical care, Including physical
therapy, for several conditions that stem from a birth defect
which resulted In his being a paraplegic.
Special Monitoring: IC7, Publicity /Impact on staff morale,
Medical Malpractice
Date Case Filed: 09-15-1994
Significant Activity: 07-17-1995 Order adopts magistrate's
report, dismisses case. 06-22-1995 The magistrate's report
recommends dismissal because after release the inmate
failed to respond to the government's motion to dismiss or
in the alternative for summary judgement.
DAVID GREENBERG v. MR. PIERCE, et,

(

Court. NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-30025-RV; Type of Case: Per.
Action (Bivens); Damages Req: $2,000,000 '
'Subject INMATE DISCIPUNE Institution: Ff-l:, ",.In
Facts Alleged: Inmate at EGL In 1994 alleges that he
:.q~.eNjI:!llI an Incident report for exercising when on medical
bC!trlllOtl,.," The Incident report was written as a result of
IrDC)selul harassment.,
Special Monitoring: 0. Not assigned to special monitoring
Date Case Filed: 04-25-1994
, Significant Activity: 06-30-1995 Order adopts magistrate's
report, dismisses case. 06-08-1995 The maglstrate·s report
recommends dismissal. Mere conclusory allegations of
conspiracy and retaliation are Insufficient.

JOSEPH R. GUAGNO v. ROBERT MAlTHEWS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-00880-RLV; Type of Case: Personal
Liability Action (Bivens); Damages Req: $15,000
Subject MEDICAL TREATMENT Institution: USP, Atlanta
Facts Alleged: EGL Inmate In 1993 alleges he was
incarcerated at AlL in violation of his J&C. He should have
been at EGl so that he receive adequate medical attention.
Instead he was incarcerated at ATL and did not receive
adequate medical care for his Injuries.
Special Monitoring: 0. Not assigned to special monitoring
Date Case Filed: 04-20-1993
Significant Activity: 07-11-1995 Order dismisses case
( . ~use of Inmate's faDure to prosecute.

2986

FERNANDO HERRERRA-RIVERA v. UNITED STATES,
al

et

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-2518; Type of Case: Personal liability
(Bivens) and Tort Action; Damages Req: $1.751.70
Subject PROPERTY Institution: MCC, Miami
Facts Alleged: FTD Inmate alleges while at MIA In 1992 he
lost $1,751.70 in property after Hurricane Andrew.
Special Monitoring: IC8, Publicity /Impact on staff morale.
Resulting from 08-92 Hurricane Andrew
Date Case Filed: 12-13-1994
Slgnfficant Activity: 07-18-1995 Order dismisses case as
barred by statute of limitations.
WIWAM HEWLElT, et al v. KATHLEEN HAWK, et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:93-CV-1196-JOP; Type of Case: Personal
Uabnity Action (Bivens); Damages Req: $30,000.000
Subject AD REMEDIES, MEDICAL TREATMENT
Institution: USP, Atlanta
Facts Alleged: Inmate at AlL In 1993 alleges that the
defendants are attempting to subvert the administrative
remedy process by delaying the response times. He also
alleges he Is not receiving adequate medical and mental
health care.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 05-28-1993
Significant Activity. 07-06-1995 Order dismisses without
prejudice because of Inmate·s failure to keep the court
advised of his current address.
WIWAM T. IRWIN v. CAROL PAVILACK GETTY, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 293-18; Type of Case: Habeas Corpus;
Damages Req: 0
Subject PAROLE, SENTENCING Institution: Fel. Jesup
Facts Alleged: Inmate at JES in 1992 alleges that he should
have been paroled and the BOP knowingly withheld that
Information.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 01-12-1993
Significant Activity: 05-24-1995 Eleventh Circuit denies
motion for rehearing en banco

CEO Litigation Report

Page 7

August 2, 1995
'"

.

AWILUAM T. IRWIN v. J. MICHAEL QUINLAN, et al
~=ourt: SOUTHERN DISTRICT OF GEORGIA
.
Docket No.: CV291-05; Type of Case: Mandamus; Damages

(

Req:O
Subject: ACCESS TO COURTS, AD REMEDIES
Institution: FCI, Jesup
Facts Alleged: Denied access to legal property and

medi~1

care at JES In 1991. Seeks transfer to MiamI.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-09-1991
Significant Activity: 07-31-1995 Motion for In Forma
Pauperis before the U.S. Supreme Court.

JAMES ARTHUR NESBITT,et al Y. BUREAU OF
PRISONS, et al
Court SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV29543; Type of Case: Habeas Corpus;

Damages Req: 0
Subject: FOI.PRIVACY, CLASSIFICATION Insthution: Fel,
Jesup
Facts Alleged: Inmate at JES In 1995 alleges that there was
Incorrect information in his PSI which staff refused to correct.

Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 02-23-1995
Significant Activity: 07-17-1995 Order adopts magistrate's

~~~~~~~~~~~~~~~~~~~- repo~d~~ss~~saOO~~l~T~ma~~~e~re~rt

CORNELIUS JOHNSON Y. WARDEN HURST

Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-<1-607-n; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Marianna
Facts Alleged: 1995 MNA Inmate seeks credit for time spent
in state custody where he was sentenced to serve a
concurrent term.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-01-1995
Significant Activity: 07-13-1995 The magistrate's report
. . recommends dismissal. Sentences Imposed at different
( . . . • times run consecutive unless the court orders differently.
WALTER JOHNSON v. UEUTENANT DAVIS, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-cv-2764-RCF; Type of Case: Personal
Uabillty Action (Bivens): Damages Req: $1.500,000
Subject: ASSAULTS Institution: USP, Atlanta
Facts Alleged: Inmate at LVN In 1995 alleges that he was
assaulted by staff while at ATL in 1994 during an
Interrogation In SHU.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 10-19·1994
Significant Activity: 07-17-1995 Remaining defendant
dismissed for failure of service.

2987

recommends dismissal. The Bureau's decision to award
points on an Inmate's security designation and classHl~tion
form is an administrative determination designed to assist
prison officials in maintaining security and does not invoke
due process protections.
IRA ANTHONY WALTERS v. J.D. SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
DocJcet No.: CV 9O-H·1322-E; Type of Case: Personal
liability Action (Bivens); Damages Req: $500,000
Subject AD DETENTION Institution: FCI, Talladega
Facts Alleged: Denied routine reviews In Administrative
Detention. Complains about conditions In Detention at TOG
in 1990. 08-23-1991 Petilion dismissed. Appeal to Eleventh
Circuit. 91-7811. 04-Q7-1993 Both briefs filed. Remanded
back to district court. 08-06-1993 Order schedules trial for
09-20-1993. 09-21·1993 dismisses case. Thee reviews
provided to the Inmate substantially compiled with BOP
regulations and substantive due process under the
Constitution.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 10-03-1990
Significant Activity: 02-28-1995 Eleventh Circuit affirms.
02-28-1994 Appealed to Eleventh Circuit for second time,
93-6841.

,'cEO Litigation Report

PageS

August 2, 1995
AARVIN YIZAR v. WARDEN R. HONSlED, et al
(-- _ourt: SOUTHERN DISTRICT OF GEORGIA
"
Docket No.: CV 292-166; Type of Case: Personal Liability
Action (Bivens); Damages Req: $4,000,212.25
Subject: MEDICAL TREAlMENl Institution: FCI, Jesup
Facts Alleged: Inmate formerly at JES complains about
housing conditions in All In 1990. He also complains
about the medical treatment at ASH in 1990 for Injury from
a fall. Medical condition was not properly treated· at JES.
He claims a staff member at JES stole money from him and
his good time credit was cancelled at JES. He also
complains that JES staff has interfered with his man. Lastly
he alleges that the U. S. Marshalls stole some of property
during transport to ATl In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 10-14-1992
Significant Activity: Second appeal to Eleventh Circuit.
94-91n. 10-17-1994 Order denies motion to supplement
record, dismisses case.

2988

•

2. JOHN GASTON v. KATHRYN HAWK, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-000
Institution: FCI, Marianna
Septernber7, 1995
~ Type of Case: Personal Uability (Bivens) and Tort Action
Subject: WORK SAFETY
Sherree L Sturgis, Regional Co
Facts Alleged: MNA inmate in 1994 alleges while working in
Southeast Region. Bureau of Pri ns
UNICOR furniture factory his finger was cut off by a machine
without
a safety guard.
August, 1995 SER Litigation
Damages Req: $259,016.982.00; Special Monito;;ng: 182,
May be flnancialliability, All cases Involving injury which
SER CEO~, Regional Administrators
caused
loss of limb or body function.: SERO: Regional
Institution Paralegals and Attorneys
office
staff
are not alleged to be Involved in this case.
Wallace H. Cheney, General Counsel
Rec'd In Legal: September 5, 1995; Due: NONE, NO SUMMONS
Joyce Zoldak, Associate General Counsel

United States Government
Memorandum

Date:
Reply to
Attn. of:·
Subject:

To:

I

ISSUED.

Assigned to: Samuel A. Alter. Jr.; Supervising Assistant U.S.
Attorney, Pensacola FL; Craig Simmons. Law Clerk, SERO

Comments
The Southeast Regional Office welcomes Rod Walton, Legal
Intern and Craig Simmons, this year's DOJ Honor's
Program attorney to our staff.

3. RENE VALDEZ v. UNITED STATES, et. al.
Court: WESTERN DISTRICT OF OKLAHOMA
Docket No.: CIV-94-2109-A
Institution: USP, Atlanta
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Type of Case: Federal Tort Claims Act (FlCA)

New Cases

ROBERT VANCE WALTON, et al v. JANET RENO. et Subject: ASSAULTS WORK
Facts Alleged: ATl Inmate in 1993 alleges he was assaulted
while
on lunch break from his UNICOR job assignment by
NORTHERN DISTRICT OF FLORIDA
another
Inmate who should not have been in that area.
'.. Docket No.: 95-50165-CV
. Damages Req: $200.000.00; Special Monhoring: 0, Not
Institution: FCI, Marianna
assigned to special monitoring; SERO: Regional office
Type of Case: Personal liability Action (Bivens)
staff are not alleged to be Involved In this case.
Subject: RELIGION
Rec'd in Legal: September 5, 1995; Due: 09-30-1995
Facts Alleged: Inmates at MNA allege that they have been
Assigned to: Roger Griffin; Assistant U.S. Attorney,
discriminated against in their right to practice the Sunnl
Oklahoma City, OK; Mike Bredenberg, Staff Counsel, USP,
Muslim faith. Restrictions placed on types of Kufees
Atlanta
permitted and celebration of holidays. No full-time or
contract Imam provided. FaDed to provide reading
materials and supplies similar to those provided to Christian 4. KENNETH EDWARD FRANKS v. JOHN FANELLO
Court: DISTRICT OF SOUTH CAROUNA
faiths. Mishandling of rellglol:ls materials. Seeks class
Docket No.: 94-1613-O-JC
certification.
Institution: Fel, Estill
Damages Req: $6,900,000.00; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
Type of Case: Habeas Corpus
staff are not alleged to be Involved in this case.
Subject: SENTENCING
Rec'd in Legal: September 5, 1995; Due: NONE, NO SUMMONS
Facts Alleged: EST Inmate in 1994 alleges he should receive
ISSUED.
credit for time In state custody because a federal detainer
Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. prevented baD. Inmate was released to supervised release.
Attorney, Pensacola FL; Sterling Dawson, Paralegal
Damages Req: 0; Special Monitoring: 0, Not assigned to
Specialist, FCI. Marianna
special monitoring; SERO: Regional office staff are not
alleged to be Involved In this case.
Rec'd in Legal: September 5, 1995; Due: 04-17-1994
Assigned to: Barbara M. Bowens; Assistant U.S. Attorney,
Columbia, SC; Jon M. Adduci. Paralegal Specialist, FCI, EstU'
1.

~urt:

232

September 7, 1995
UNITED STATES v. FRANK VELASCO, et al
SOUTHERN DISTRICT OF NEW YORK

(

Docket No.:
stitution: MCC, Miami
(ype of Case : Habeas Corpus
Subject:' SENTENCING
Facts Alleged: FFLS judge seeks to reaffirm and implement
an order for bail issued by FNYS and then stayed.
Damages Req: 0; Special Monitoring: 1012. Case
management may be a problem. Less than 48 hours
response time.; SERO: Regional office staff are not
alleged 10 be involved in this case.
Rec'd in Legal: Septembe, 7.1995; Due: NS
Assigned to: Michael E. Gertzman; Assistant U.S. Attorney,
New York. NY; Michael Pybas. Senior Staff Attorney. FDC.
Miami, MCC, Miami
6.
DAVID J. VOGT v. ANTONIO LANZA, el al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No. : 95-1723-CIV-NESBITI
Institution: MCC, Miami
.Type of Case : Personal Liability Action (Bivens)
Subject: FURLOUGHS ACCESS TO COURTS
Facts Alleged: Inmate at FPC, Miami in 1994 alleges that he
~~~: denied furloughs because he gave an affidavit against a
~'::member in Benl v. Hollis, FFLS, 94-2689.
'Jam. a"",'J,'.'~s Req: $11,000,000.00; Special Monitoring: 0, Not
sSlgned to special mon~oring; SERO: Regional office
staff are not alleged to be Involved in this case.
Rec'd in Legal: Septembe, 7, 1995; Due: 10-00-1995
Assigned to: Lisette Reid; Assistant U.S. Attorney, Miami,
FL; Michael Pybas, Senior Staff Attorney, FDC, Miami, MCC,
Miami

Significant Activity on
Existing Cases
DONALD LEE ANDERSON v. ELSY RUCKER, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-50216-RV; Type of Case: Personal Liabil~
Action (Bivens); Damages Req: $1 ,800,000
Subject: MEDICAL TREATMENT INMATE DISCIPLINE,
FINES Institution: FCI, Marianna
Facts Alleged: Inmale at MNA In 1994 alleges he was not
given adequate medical treatment for his emphysema. He
should have supplemental oxygen. He had made
arrangements to pay his court fine, he was moved from his
assigned room to temporary housing for an alleged failure
to make the payments.
Special Monitoring: IC7, Publ1c~ /Impact on staff morale,
Medical Malpractice
Date Case Filed: 07-26-1994
Significant Activity: 08-18-1995 Order adopts magistrate's
report, dismisses case. 07-26-1995 The magistrate's report
recommends dismissal because of Inmate's failure to
re spond to court's show cause order.
ANTHONY EUGENE CASH v. JOSEPH P. CLASS, et 81
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MeA 92-50199/RV; Type of Case: Personal
liabimy Action (Bivens); Damages Req: $200,000
Subject: RELIGION Institution: FCI, Marianna
Facts Alleged: Hebrew Israel~e inmate at MNA in 1992
alleges that he has not been allowed to use the insmUllon
chapel for his religious worship.
Special Monitoring: 0, Not assigned to special mon~oring
Date Case Filed : 04-27-1993
Significant Activity: 08-18-1995 Appeal dismissed for
nonpayment of filing fees. 11-30-1994 Appeal to Eleventh
Circu~, 94-3296.

Page 3

CEO, Litiga1ion Report
September 7, 1995
F. DAWSON v. ROGER F. scon, et al
)urt: NORTHERN DISTRICT OF ALABAMA
'" ~cket No.: CV 93-H-0128-E; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FCI, Talladega
Facts Alleged: Inmate at TOG In 1993 alleges that he should
receive credit for the time that he spent at the half-way
house In 1991. Complains that the BOP refused to follow
controlling precedent when It defended his pr~vious suit on
this subject, Dawson v. Scott. FALN, 92-1168.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-15-1993
SlgnNicant Activity: Appeal to CA11, 94~1 O. 03-23-1994
Order adopts 03-08-1994 magistrate's report, dismisses
case.
-------------------WILLIS DEAN Y. BOP, et 81
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-30267/RV; Type of Case: Personal Liability
Action (Bivens); Damages Req: $250,000
Subject: MEDICAL TREATMENT, WORK Institution: FPC,
Pensacola
Facts Alleged: EGl inmate claims Navy officer at Whiting
Field deliberately injured his knee on May 18, 1990. Claims
same officer had Injured Inmate Craevling the previous day
'~er officer was advised that both inmates had been
.
nvlcted of drug offenses. Officer refused to take Dean for
., medical care. Camp PA refused to allow hospital attention
for six months.
Spec/al Monitoring: IC7, Publicity /Impact on staff morale,
Medical Malpractice
Date Case Filed: 07-10-1992
Significant Activity: 08-28-1995 Order adopts magistrate's
report, dismisses case. 08-08-1995 The magistrate's report
recommends dismissal without prejudice because 18 U.S.C.
4126 provides the exclusive remedy for work-related Inmate
Injuries. This applies even though the work In question in
this case occurred off the grounds of the correctional
facility, at Eglin AFB. The inmate had not complied with the
administrative process established for Inmate Accident
Compensation.
_ _ _ _ _ _ _ _ _ _~_ _ _ _ _ _ _ _ _

~

C

HN

UNITED STATES Y. AUGUSTO GUILLERMO FALCON, et
al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91 ~-CR-MORENO; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: ACCESS TO COURTS Institution: MCC, Miami
Facts Alleged: Inmates at ATL. MIA and a county Jall alleges
that their access to the courts and their counsel has been
hampered by conditions of custody Imposed by BOP. This
challenge was made via motion filed In their criminal case.
Special Monitoring: 0, Not assigned ~o special monitoring
Date Case Flied: 07-07-1993
Significant Activity: Falcon and Magluta found competent to
stand trial In spite of allegations of sensory deprivation from
four years in administrative detention. Trial scheduled for
10-14-1995.
CORNEUUS JOHNSON v. WARDEN HURST
Court: MIDDLE DISTRICT OF ALABAMA
Docket No.: 94-d-607-n; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FCI, Marianna
Facts Alleged: 1995 MNA inmate seeks credit for time spent
in state custody where he was sentenced to serve a
concurrent term.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-01-1995
Significant Activity: 08-08-1995 Order adopts magistrate
report, dismisses case. 07-13-1995 The magistrate's report
recommends dismIssal. Sentences Imposed at different
times run consecutive unless the court orders differently.
LEMUEL KINNEY Y. BUREAU OF PRISONS, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 95-3011 O/LAC; Type of Case: Personal UabDtty
Action (Bivens); Damages Req: $4,000,000
Subject: MEDICAL TREATMENT WORK Institution: FPC,
Eglin
Facts Alleged: Inmate at EGL In 1994 alleges that he did not
receive adequate medical treatment for shoulder Injury. he
~~~~~~~~~s~q~ed~wo~w~e~u~.

Special Monitoring: 0, Not assigned to special monitoring
Date Case Flied: 03-16-1995
Significant Activity: 08-14-1995 Order grants Inmate's
motion for voluntary dismissal without prejudice.

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CE€) Litigation Report
September 7, 1995
; .EWIS MORRISON v. FEDERAL BUREAU OF PRISONS,

(

,

.tal
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:94-CV-894-MHS; Type of Case: Federal Tort
Claims Act; Damages Req: $1038.95
Subject PROPERTY Institution: USP. Atlanta
Facts Alleged: TOG Inmate alleges when In SHU In ATl In
1993, his property was lost.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-01-1994
Significant Activity: 08-03-1995 Settled for $400. Review of
facts revealed that property was lost whOe In BOP custody.

c.

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2935