UNITED STATES GOVERNMENT

memorandum
Date:

March 16, 1998

Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30315

Subject:

Monthly Report - February 1998

Rep1y to

To:

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534
.

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort
JAN FEB

Cla~s

MAR

- 1998

APR

JON

MAY

JUL

AOG

SEP

OCT

NOV DEC
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

39
0
22
117
06

113
55
03
49
118
03

B. Tort Claim Investigation Status:

As of February 28, 1998

ATL COL EGL EST GUA JES MIA MIM MNA MON PEN TAL TOG YAZ
Pending
Over 60 days

c.

40
8
0
3
9
4
9
9100013

10 4
0
3
7
3
5
3100100

FOI/Privacy Act Requests - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

12
09
18
21
04

21
10
24
04

D. FOa Requests for records:

As

of February 28, 1998

ATL COL EGL EST GUA JES MIA MIM MNA MON PEN TAL TOG YAZ
Pending
Over 30 days

5
2

6
0

000
0
0
0

0
0

1
0

1
1

100
0
0
0

r

0
0

II.

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

522 515
16
2
10
1

o

0

5
1
11

1
0
0
1

77

9

o

B. SETTLEMENTS AND

A~S:

NONE

C. SIGNIFICANT CASES, TRIALS or BEARINGS:
1.

FRESON v. u.s. & ANTHONY RICHARDSON,
97-1373-CIV-GRAHAM - Southern District of Florida

A deposition of the plaintiff was taken on February 5,
1998.
In this FTCA/Bivens case the plaintiff, a private
mail courier by the name of Richard Freson, was being
escorted off institution grounds as he was being verbally
abusive of staff and was generally disruptive in FCI,
Miami's front lobby.
Lt. Anthony Richardson, Bivens
defendant, was the escorting staff member.
While escorting
Freson verbal insults were exchanged between the two men.
This situation was escalated when Freson, by several staff
witnesses accounts, attempted to punch Lt. Richardson. Lt
Richardson evaded the punches of Freson and returned one
punch to Freson's face.
Freson fell striking the U. S. Flag
pole.
Freson's injuries included a contusion and laceration
in the middle of his forehead.
Freson claims 1st, 4th and
5th Amendment violations, as well as common law torts.
2.

PORTO v. UNITED STATES,
96-8337-CIV-HURLEY - Southern District of Floridd

On February 23 through February 26,
depositions of three (3) Doctors and the
taken.
In this FTCA case the plaintiff
diagnosis and treatment of a toe lesion,
incarcerated at FeI, Jesup, resulting in
his leg (below the knee).
3.

1998, the
Plaintiff w~rt>
alleges neg:lqent
while he Wd~
the amputd: ~C/!,"; of

SULAYMAN v. UNITED STATES, CV-297-118, Southerr.

District of Georgia
On February 27, 1998, the plaintiff was deposed.
In
this EEO case, the plaintiff seeks to retain his position at
FCI Jesup.
The plaintiff claims he was demoted from Chief
Medical Officer in retaliation for a sexual harassment
charge filed against him.

D. RELIGIOUS CASES:

No new cases.

E. ENSIGN AMENDMENT CASES: No new cases.
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
DEFENDANT(S): SCHREIBER, Harry, Reg. No. 40454-004
Institution:
FCC Coleman -Low
Date of Offense: Various
Type of Case:
Potential ·Criminal Prosecution
Description: A review of telephone monitoring tapes has
indicated that inmate Schreiber may be participating
in the management of a Health Maintenance
Organization through which he may be attempting to
commit fraud.
Inmate's Schreiber's current offense
involves bankruptcy fraud, wire fraud, and
concealment of assets, and a specific condition of
his Judgment and Commitment Order directs that he is
not to become involved in management of an HMO.
Status of Referral:
Referred to local FBI on 01/13/98.
Local FBI have referred further investigation to the
FBI in C.D~ Ca., and the u.S. Attorney's Office in
W.D. Tex., which originally investigated and
prosecuted inmate Schreiber's current offense.
DEFENDANT:

William Raymond Hock
In~titution: FCI, Tallahassee
Case Name:
U.S.A. vs. William Raymond Hock, Case ~J:~'.
4:97cr75-RH
Description:
Sexual abuse of inmate by staff merr:t't·:.
Trial begins on Monday, March 16, in Tallahd~!-,p~. The
officer is charged with violating
18 U.S.C. §2243(b). While th~ Office of Inst't>'~lr
General is handling the lead on the case, Wd! l"~,
Greer has indicated he wants Dan Rouse to d ~ ~ "~i(j t c
assist with the interests of the instituti;: ~ ..
'Thirteen (13) staff members have been SUbPC,f_,:.,J,"'.J tly

the defense.
XIX. TRAVEL AND LEAVE SCHEDULE FOR March 1998:
Sherree L. Sturgis
Travel - None scheduled
Annual Leave - None Scheduled
Van Vandivier
Travel - None scheduled
Annual Leave - None Scheduled
Earl Cotton
Travel - None scheduled
Annual Leave - None scheduled
Gere Gooden
Travel - None scheduled
Annual Leave - None scheduled
Patty Dejuneas
Travel - None scheduled
Annual Leave - None scheduled

cc: Regional Director and Deputy Regional Director, SER
All SER Wardens
All Regional Counsel and Associate General Counsel
All SER institution attorneys and paralegals

o

UNITED STATES GOVERNMENT

memorandum
Date: March 11,
Reply to
Attn of:

Subject:
To:

1998

Henry J. Sadowski, Regional Counsel, Northeast Region
Federal Bureau of Prisons, Philadelphia, PA 19106
Monthly Report - February 1998

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 1998
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 110 91
Rec'd in month 113 155
Ans'd in month 132 100
Pending at End 91 146
Over 30 days
0
0
B. Administrative Tort

Cla~s

- 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 236 262
Rec'd in month 77 73
Recons. rec'd
3
2
Ans'd in month 54 76
Pending at End 262 261
Over 180 days
0
0
C. Tort Claim Investigation Status:

As of February 28, 1998

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
3
13
3
0
1
4
13
6
2
9
4
2
5 28* 8
Over 60 days
0
0
0
0
0
0
1
0
0
0
0
0
0
0
1

Pending

* One inmate accounts for 23 of these filings.
2

D. FOI/Privacy Act Requests - 1998

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 37 13
Rec'd in month 34 28
Ans'd in month 58 35
Pending at End 13
9
Over 30 days
1
1
E. FOIA Requests fo~ records:

As of February 28, 1998

ALF ALM ALP,ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK
SCH

Pending
Over 30 days

II.

000
1
o 000

1
1

000
0
0
0

0
0

0
0

o
o

o
o

000
000

LITIGATION ACTIVITY - 1998 NORTHEAST REGION

A. SUMMARY REPORT

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

670 604
13 15
5
7
1
4
1
2
4
2
2
0
8 10
66
7

B. SETTLEMENTS AND AWARDS:
1)
Kaqan v. United States, CV 94-3663 (DNJ)
This wrongful death civil action originated as a Bivens
action filed by the next of kin of inmate Philip I. Kagan,
Reg. No. 14361-050, who died in September 1993 at FCI
Schuylkill. The complaint alleges that the deceased was
denied adequate medical treatment for a known heart
condition. As a result, the deceased's health allegedly
deteriorated until he lapsed into a coma and died of
complications caused by cardiac and pulmonary failure.
The
District Court dismissed the action in August 1995. On
appeal, the Third Circuit held that, although Plaintiff
failed
3

to state a claim under Bivens, he did state a cause of
action under the Feder~l Tort Claims Act, 28 U.S.C. § 2671,

et seq. (FTCA). On remand, the case was converted to an
FTCA case and settled for $10,000.00. Settlement was based
upon potential exposure to liability and a relatively small
amount in a wrongful death case.
2)
Markoff v. United States, Civil Action No. 96-2543 (DNJ)
This Federal Torts Claim Act complaint was filed by former
inmate Morton Markoff, 11116-050, who alleges that as a
result of improper medical car~ while housed at the Federal
Correctional Institution, Ft. Dix he suffered a permanent
injury. and resulting loss of function to his right ring
finger and left elbow and arm. The Plaintiff was a
practicing medical doctor prior to his incarceration.
Settlement for $45,000.00 was approved since there was some
exposure based on a delay in medical treatment.

c.

SIGNIFICANT CASES, TRIALS or HEARINGS:

1) United States v. Camacho-Negron, (MDPA) -- On February
11, 1998, Tom Mueller, Attorney Advisor, FCC Allenwood,
assisted at a committed fine hearing before Magistrate Judge
Askey.
At the conclusion of the hearing, the Magistrate
found inmate Antonio Camacho- Negron, Reg. No. 03587-068, to
be indigent and he was released on February 13, 1998.
2) Conference re: Attorney visiting privileges
Attorney Patrick Stiso was indicted on charges of
racketeering, conspiracy to distribute narcotics, and
obstruction of justice. As a result of the indictment, the
Wardens at MCC NY and MDC Brooklyn suspended Mr. Stiso's
attorney visiting privileges at their respective
institutions.
The attorney representing Mr. Stiso filed an
appeal of the Wardens' decisions with the Regional Director.
The Regional Director denied the appeal.
On March 5, 1998,
a status conference was held before the U.S. District Judge
Denny Chin, the judge assigned to Mr. Stiso's prosecution.
Mr. Stiso's criminal attorney presented arguments concerning
his suspension of visiting privileges from MCC New York.
Clinton Stroble, Attorney Advisor, MCC NY, attended the
conference with Assistant United States Attorney Richard
Sullivan, and argued the government's position.
The court
requested a brief addressing
4

his jurisdiction to consider the issue.
D. RELIGIOUS CASES:

1) Muhammad v. Lamer, et. aI, 4:CV-97-1980, (MDPA) - Inmate
William Davidson Muhammad, Reg. No. 00471-000, alleges in
this Bivens action that his religious rights were violated
by his placement in the SHU in October 1996.
He alleges the
chaplain showed favoritism to other religious groups.
The
Plaintiff does not mention RFRA.
E. ENSIGN AMENDMENT CASES: None.
F. PLRA 1915 DISMISSALS:

None.

III. TRAVEL AND LEAVE SCHEDULE FOR MARCH 1998:
Hank Sadowski Travel - March 6 - Alternate Dispute Resolution (ADR)
Training, Philadelphia, PA.
Annual Leave - None Scheduled
Mike Tafelski Travel - March 6 - ADR Training, Phila., PA
March 12 - FCI Fairton
Annual Leave - None Scheduled
Joyce Horikawa Travel March 6 - ADR Training, Phila., PA
Annual Leave - March 20 - March 25
Ron Hill Travel - None Scheduled
Annual Leave - None Scheduled
Les Owen Travel - March 17-19 -- MCC New York
Annual Leave"- March 2-6
Rosalind Bingham Travel - None scheduled
Annual Leave - None Scheduled
"5

Personnel. notes:
Rosalind Bingham has successfully completed the Pd:~:eqdl
Training Program and is scheduled t~ graduate on Md:~~. :7,
1998.
Joyce Horikawa is reporting to FCI Fort Dix on Ma: .~" .--',
1998. "I thank Joyce for her professionalism and t '-': ~ ~.€.
fin~ work she has provided to this office over the :d~~ tour

years.
cc: Regional Director and Deputy Regional Director, NER
All NER Wardens
All Regional Counsel and Associate General Counsel
All NER institution attorneys and paralegals

UNITED STATES GOVERNMENT

memorandum
Date:

April 7, 1998

Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30315

Subject:

Monthly Report - March 1998

Reply to

To:

Wallace H. Cheney, General Counsel and
Assistant Director, Federai Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort

Cla~s

JAN FEB

MAR

113
55
03
49
118
03

69
88
04
69
107
01

APR

- 1998
MAY

JUN

JUL

AUG

SEP

OCT

NOV DEC
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

39

o.

22
117
06

As of March 31, 1998

B. Tort Claim Investigation Status:
Pending

ATL COL EGL EST GUA JES MIA MIM MNA MON PEN TAL TOG YAZ
o 2
9
0
452
0
3
8
33
6

9

Over 60

1

1

days

C. FOI/Privacy Act Requests - 1998
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN F'EB MAR APR MAY JUN JUL AUG SEP OCT NOV l'E' .
12 18
O~
21
18

In

IH

LL

;:4
04

21
04

03

' t ..--,

19

D. FOIA Requests for records:

Pending

As of March 31, 1998

ATL COL EGL EST GUA JES MIA MIM MNA MON PEN TAL TOG YAZ
5
3
0
0
0
0
0
1

3

4

Over 30

1

2

days

II.

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
522 515 525
16
2 18
10
1
9
002
516
101
000
11
77

1
9

2
8

B. SETTLEMENTS AND AMARDS: NONE
C. SIGNIFICANT CASES, TRIALS or BEARINGS:

1.

Johnson v. Moore
Case No. CV297-33 (S.D. Ga.)

This case has been set for trial on April 9, 1998.
This is Bivens case where the plaintiff alleges that a
Correctional Officer forced him to clean a bathroom which
was beyond his capabilities and in violation of his medical
restriction.
This will be a bench trial.
Patty DeJuneas
will be traveling to Brunswick, Georgia, to provide trial
assistance.
2.

Gelis v. Wooten, et ale
Case No. CV297-23 (S.D. Ga.)

This case has been set for trial April 20, 1998. This
is a Bivens case where the plaintiff alleges there was a
conspiracy to deny him hip replacement' surgery and
rehabilitative physical therapy.
This will be a jury trial.
We anticipate providing attorney assistance, but have not
yet determined who will attend the trial in Brunswick,
Georgia.
3.

Sulayman v. Reno
Case No. CV297-118

(S.D.Ga.)

This is the Jesup EEO case filed by a doctor claiming
he was discriminated against because he had befriended a
contract worker who had filed an EEO claim.
This doctor had
been removed as Chief Medical Officer and later transferred

o

to Talladega as a result of a focus review.
He appears to
be claiming this was a pretext for the discriminatory
motive.
This case is a problem because two correctional
health ca"re administrators at Jesup had participated in
sexually harassing actions with other (not Dr. Sulayman)
health service staff. Sulayman seeks to make his own case
by bringing out the facts of these other situations and
Judge Alaimo has allowed in spite of our objections.
Unfortunately, Judge Alaimo has extended discovery for the
plaintiff for the third time. We believe he will want to
depose Dr. Moritsugu and Regional Director Matthews, among
others.
4.

Byrd v. Hasty
Case Numbers: 3:96-CV-289-LAC/SMN (Northern District of
Florida); 97-2129 (Eleventh Circuit Court of Appeals)
This case is a habeas corpus action in 'which the inmate
challenges the refusal of the Bureau to allow him to
participate in the DAP because his current was found to be a
crime of violence by reason of a two-point enhancement at
. sentencing for possession of a firearm.
Oral argument in
the Eleventh Circuit is scheduled for 4-16.

D. RELIGIOUS CASES:

No new cases.

E. ENSIGN AMENDMENT CASES: No new cases.
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
DEFENDANT(S): Eric Paul Pinto 15603-069
Institution Tracking No.: (If any)
Name of Case: (U.S.
v. Eric Paul Pinto)
Court: (Not available)
Docket No.: (Not available)
Institution: MOe, Guaynabo
Date of Offense: January 20, 1998
Description: Inmate who seriously assaulted correctional
officer.
Inmate is currently housed under 24-hour
observation with a camera recording all movement insIde his
cell.
Psychiatrists appointed by prosecution and defense
evaluated inmate and submitted reports to the court. The
reports found defendant incompetent (schizophrenic) at the
time the crime was committed but found him competent to
stand trial. The US Attorney's Office will dismiss "the case

on the basis of defendant's incompetence at the time of the
offense but will urge the Court to enter an order precluding
this individual from entering the United States.
III. TRAVEL AND LEAVE SCHEDULE FOR April 1998:
Sherree L. Sturgis
Travel - Tallahassee April 14, 1998 (meeting with City
of Tallahassee officials about road realignment issues;
Denver{Sentencing Training) April 26-May 3, 1998
Annual Leave - None Scheduled
Van Vandivier
Travel - 5-11 to 5-20, MSTC, DHO Training as Resource
Personnel
Annual Leave - April 16 (4 hours) & 17 {8 hours}
Earl Cotton
Travel - None Scheduled
Annual Leave - None scheduled
Military Leave 4-27 to 5-18
Gere Gooden
Travel - None scheduled
Annual Leave - None scheduled
Patty DeJuneas
Travel Brunswick - April 8 & 9
Annual Leave - None scheduled

(Johnson Trial)

Saku Hapinto - TDY to ATL 5-4 to 5-8
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

..
UNITED STATES GOVERNMENT

memorandum
May 7, 1998

Date:

Reply to
Atm of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30315
Monthl.y Report - April. 1998

Subject:

Wal.l.ace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1998
JAN
Pending on 1st
Ree's in month
Reeons. ree'd
Ans'd in month
"nding at end
ver 180 days

39
0
22
117
6

FEB
113
SS
3
49
118
3

APR
69
38
2
S2
103
3

MAR
69
88
4
69
107
1

MAY
89

JUN

B. Tort Cl.aim Investigation Status:
ATL

c

E

E

G

J

M

0

S

U

E

I

JUL

AUG

SEP

OCT

NOV

DEC

As of April 30, 1998

MIM

MNA

MON

PEN

TAL

TDG

YAZ

L

G
L

T

A

S

A

PENDIN
G

40

5

0

2

4

2

4

6

3

0

0

9

5

9

>60
DAYS

6

1

0

0

0

0

0

0

0

0

0

2

0

0

C. FOI/Privacy Act Requests - 1998
JAN
Pending
Ree'd in
Ans'd in
Pending
Over 30

on 1st
month
month
at end
days

21
10
24
4

FEB
12
9
18
21
4

MAR
18
18
22
19
3

APR
19
19
26
25
6

D. FOIA Requests for records:

MAY
21

JUN

JUL

AUG

SEP

As of April. 30, 1998

OCT

NI,l\'

DEC

.SER Monthly Report - April,

1998

Page 2
ATL

c
0
L

E
G
L

PENDIN
G

4

8

0

>30
DAYS

1

3

0

II.

E

MIM

MNA

MON

PEN

TAL

TDG

YAZ

S

M
I
A

1

0

0

0

0

1

2

4

0

0

0

0

0

2

0

0

T

G
U
A

1

0

0

0

0

S

J

E

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
-it Reports
~ses Closed

JAN
522
16
10
0
5
1
0
11
77

FEB
515
2
1

0
1

0
0

~R

525
18
9
2
6
1

1

0
2

9

8

APR
535
15
6
2
5
2
0
5
5

~Y

JUN

JUL

AUG

SEP

OCT

NOV

DEC

B. SETTLEMENTS AND AWARDS:

·Romero, et al. v. U.S., Case No. 1:95cv151-MP (N.D.Fla.)
These are claims by the inmates who are plaintiffs in the bus
cases. We have begun to pay the settlements administratively for
the claims of those plaintiffs whose claims are under $2,500.
Three of the five have been paid to date. (Azofra - $2,000;
Guzman - $2,000; and Diaz $550)
The U.S. Attorney's Office
submitted the vouchers for payment of ten other settlements to
the GAO on 4/13/98. (One plaintiff (Gallego), against the advice
of his attorneys, has rejected the settlement offer.
There is
one Plaintiff (Olivares) counsel admits they cannot find.)
C. SIGNIFICANT CASES, TRIALS or HEARINGS:

1.

Johnson v. Moore
Case No. CV297-33 (S.D. Ga.)

This case was tried on April 9, 1998. This was Bivens case
where the plaintiff alleges that a Correctional Officer forced
him to clean a bathroom whi~h was beyond his capabilities rtnd in

co

SER Monthly Report - April, 1998
Page 3

violation of his medical restriction. This was a bench trial.
The judge returned a verdict for the defendant.
Patty DeJuneas
traveled to Brunswick, Georgia, to provide trial assistance.
2.

Gelis v. Wooten, et al.
Case No. CV297-23 (S.D. Ga.)

This case had been set for trial April 20, 1998. This is a
Bivens case where the plaintiff alleges there was a conspiracy to
deny him hip replacement surgery and rehabilitative physical
therapy. The District Court has taken this case off the docket
pending resolution of the interlocutory appeal on qualified
immunity.
3.

Byrd v. Hasty
Case Numbers: 3:96-CV-289-LAC/SMN (Northern District of
Florida); 97-2129 (Eleventh Circuit Court of Appeals)

This case is a habeas corpus action in which the inmate
challenges the refusal of the Bureau to allow him to participate
in the DAP because his current offense was found to be a crime of
violence by reason of a two-point enhancement at sentencing for
possession of a firearm.
Oral argument in the Eleventh Circuit
was scheduled for 4-16. Sherree and Van went to observe the
argument. All were surprised when the inmate's counsel failed to
appear. The court will decide the case based on briefs.
The
inmate's counsel has written a letter indicating he had
miscalendared the date of the oral argument and profusely
apologizing to the court and all who were inconvenienced.
4.

Wirth v. Federal Bureau of Prisons, et al.
Case Number 98-A-2008-N (M.D. Ala.)

This is a Bivens case with 22 named individual defendants.
The defendants include several high-ranking employees who are in
different locations. At least three of the defendants have
retired.
In the lengthy complaint, the Plaintiff alleges, among
other things, a conspiracy to retaliate for exercise of First
Amendment Rights, a deprivation of due process in an inmate
discipline hearing, denial of a year off under 18 U.S.C. 3621,
submission of false information to the court, transfer to Impede
his access to counsel and improper assignment of a management
variable. He seeks unspecified compensatory and punitive money
damages.
This is also the case where TOG Attorney Craig Sl~~ons
is accused of falsifying documents because of an error he made in
a declaration in a previous case.

SER Monthly Report - April, 1998
Page 4
5.

Alexander v. Hawk, et al.
Case Number 96-276-CIV-OC-10 (M.D.rla.)
Appeal Number 96-3752 (11th Circuit)

This case began as a challenge to the implementation of the
Ensign Amendment. The District Court dismissed the case, sua
sponte and before service of process, on the ground that the PLRA
requires exhaustion of administrative remedies.
The inmate
appealed.
The Eleventh Circuit appointed counsel.
Both counsel
and the inmate requested that counsel be allowed to withdraw.
This was denied.
The DOJ Appellate Section has taken an interest
in this case.
Peter Maier is handling it. Consolidation with
Michael Henry Smith v. BOP, App. No. 97-6663, was requested but
this was denied. The SG has approved participation by the u.S.
as amicus, and a motion requesting to file an amicus brief has
been submitted to the 11th Circuit.
6.

Kiser v. Hawk, No. 97-195-Civ-Oc-10B, FFLM

In this case, COL inmate Stanley Kiser (16395-004)challenged
the BOP's decision to deny him eligibility for a reduction in
sentence for successful completion of the residential DAP
program. We had denied his eligibility after he completed the
institution portion of the program at TAL. The basis for our
denial was that he is an old law inmate to whom the DAP early
release provisions do not apply. The court ruled in our favor on
4-30-98.
D. RELIGIOUS CASES:

No new cases.

E. ENSIGN AMENDMENT CASES: No new cases.

F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
1. DEFENDANTS(S): Anthony Battle #11451-056
Institution Tracking No.: ATL-94-4170
Name of Case:
u.S. v. Battle
Court:
FGAN
Docket No.:
1:95-CR-528

..
SER Monthly Report - April, 1998
Page 5

Institution: ATL
Date of Offense:
12/21/94
Type of Case: Criminal Prosecution
Description:
Inmate convicted of homicide Officer D'Antonio
Washington.
Special Monitoring: Assigned to special monitoring
Status of Referral: Accepted.
Update: Convicted and sentenced to death, 1997.
Appellate
briefs filed by both prosecution and defense.
Housed in
Alabama DOC facility.
DOC would like for us to move him.
Seeking to work out problems with· DOC and exploring other
possible state placements.
Assigned to:
AUSA Bill McKinnon, Jan Jenkins FBI: Tyrone
Smith
Uni ted States v. Jaime Rosado Rosario, Cr. No. : 97-049,
2.
D.P.R.
Institution: MDC Guaynabo
Date of Offense: November 22, 1996
Type of Case: Criminal Prosecution
Trial commenced on March 31,

1998.

Defendants

in this

case
are charged with arranging and carrying out the murder of a
federal witness from within the MDC. Although requested by the
prosecution, this case was not certified to carry the death
penal ty.
Defense counsel and AUSAs have subpoenaed several
staff members (i.e. Health Services Administrator and his
Assistant, SIA) to testify about the possible ways in which
different inmates could meet in the Health Services Uni t or
other places and how the inmates could communicate with one
another even if not in the same unit.
This issue is very
relevant to the trial because some government witnesses were
testifying to the fact that they had overheard conversations
among the defendants in the HSU and other places of the
institution.
Judge Fuste had previously issued an order for
all defense counsel to inspect and tour different areas of the
institution in which the meetings
among
the
defendants
allegedly
took place.
Other
staff members
were
also
subpoenaed (i.e. ISM, Recreation Specialist) to authenticate
records of movement of inmates to court and to testify about
the delivery of newspapers to the Unit.
The del i very of
newspapers was important because defendants knew deta i 1 s of
the murder that were only published in one newspaper that
takes from two to three days to arrive at the inst it ut ion
because the
inmates have individual subscriptions to it and
they are delivered by regular mail". The prosecution rested.
Trial is expected to end May 4 or 5.

SER Monthly Report - April, 1998
Page 6
AUSA: John Teakell and Mike Fernandez

2.

United States v.

Jaime Rosado Rosario Crim.

No.

97-049

( JAF), D . P . R .

On April 24, 1998, the Honorable Jose A. Fuste convened a
meeting among defense counsels (approximately 7), AUSAs and
GUA Attorney Alma Lopez to discuss the need for additional
records in the above referenced case. Defense counsel as well
as the AUSA had made voluminous requests for records (entries
of visits in Legal and Social Visitors, logbooks) dating back
to 1996 through the present. There were some discrepancies in
the records submitted pursuant to the Government's requests and
the defense counsels.
All information responsive to the
requests had been provided, but some pieces of data addressed
more than one request.
Cross referencing was not always
included.
MDC was constrained from discussing defense
counsel's request with AUSAs because the Court had specifically
instructed MDC that this information was not to be discussed
with US Attorney's Office.
Judge Fuste ordered production of
unredacted copies of the logbooks.
It was explained to the
judge that this production would compromise the privacy rights
of the other inmates whose names appeared in the pages that
would satisfy the request.
The judge indicated that in order
to safeguard those inmates' privacy rights, only two copies of
the records would be made (one of AUSAs and the other for the
defense counsels).
These records could not be reproduced by
counsel and upon completion of the trial, these copies as well
as the copies given to the jury would be returned to the court
for their destruction.
3.

U.S.A. vs. William Raymond Hock, 4:97cr75-RH, (N.D.Fla.)
This officer is charged with violating 18 USC §2243 (b),
sexual abuse of an inmate. While the Office of Inspector
General is handling the lead on the case, Warden Greer has
indicated he wants Paralegal Dan Rouse to attend to represent
the interests of the institution. Thirteen (13) staff members
have been subpoenaed by the defense. Trial has been delayed
until June 1.
III. TRAVEL AND LEAVE SCHEDULE FOR May 1998:
Sherree L. Sturgis
Travel - None
Annual Leave - May 1, 1998
Van Vandivier

,SER Monthly Report - April, 1998
Page 7
Travel
5-11 to 5-20, MSTC, DHO Training as Resource
Personnel canceled because the absence of two other
attorneys out of the office at the same time.
Earl Cotton
Travel - None Scheduled
Annual Leave - None scheduled
Military Leave 4-27 'to 5-18
Patricia DeJuneas - last day in office 5-8.
Gere Gooden
Travel - None scheduled
Annual Leave - None scheduled
Saku Papino - TDY to ATL 5-4 to 5-8
IV.

Other Matters

a.

P.R. Department of Agriculture's
ordered by MOe

Retention

of

foodstuff

On April 7, 1998, the P.R. Department of Agriculture
stopped a shipment of chicken, fish and coffee ordered by
MDC Guaynabo because the coffee is a protected good under
federal laws in the Puerto Rican market.
As a result,
the' importer is required to pay a tariff in order to
bring the coffee to Puerto Rico and must have license in
order to import coffee into P.R.
One of the main
controversies in this matter was, that for purposes of
the statute,
the definition of importer encompassed
anyone "causing" the goods to be brought to Puerto Rico.
MDC Guaynabo had ordered the foodstuff and therefore had
caused" the goods to be brought to PR and in accordance
with the definition of statute, MDC was the importer
responsible for paying the coffee tariff.
Our pos i t ion
was that the terms of the sales contract clearly
indicated
that
the
shipper
(Coast
to
Coast)
was
responsible for bringing the goods to MDC Guaynabo,
therefore the shipper would be responsible for makin~ the
customs entry.
After meeting with the Department of
Agriculture, several conference calls with the Deputy
Regional Counsel, Commercial Law Branch, U. S. Customs,
P.R. Department of Agriculture, Coast to Coast (shipper)
and the U.S. Attorney's Office, this matter was resolved
by Coast to Coast taking the coffee back to the, Un 1 ted

U

..
SER Monthly Report - April, 1998
Page 8

States and the rest of the goods being delivered to MDC
Guaynabo.
(A good example of the "Nothing is simple"
rule. )
B.

Regional Office move to commercial office space is
presently scheduled for the last week of June or first
week of July.

cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

It

UNITED STATES GOVERNMENT

memorandum
June 11, 1998

Date:

Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30315

Subject:

Monthly Report - May 1998

Reply to

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMtG.RY REPORT
A. Administrative Tort Claims - 1998
JAN

I

Pending on 1st
Ree's in month
Reeons. ree'd
"'1s'd in month
nding at end
ITer 180 days

39
0
22
117
6

FEB
113
55
3
49
118
3

APR
69
38
2
52
103
3

MAR
69
88
4
69
107
1

JUN
104

MAY
89
63
1
46
111
2

B. Tort Claim Investigation Status:
AT
L

COL
E
G

E

G

J

M

S

U

E

I

T

A

S

A

AUG

JUL

SEP

OCT

DEC

As of May 31, 1998

MIM

MNA

MON

PEN

TAL

TOG

Yl,\:

L

PENOIN

NOV

44

13

1

1

4

3

4

6

6

1

0

8

7

,

2

0

0

0

0

0

0

0

0

0

0

0

0

0

G

>60
DAYS

C. FOI/Privacy Act Requests - 1998
JAN
Pending
Ree'd in
Ans'd in
Pending
Over 30

on 1st
month
month
at end
days

21
10
24
4

FEB
12
9

18
21
4

MAR
18
18
22
19

APR
19
19
26
25

3

6

MAY
21
15
41
15
2

JUN
15

JUL

AUG

SEP

()(.-;-

~.

1'.

rIE"

SER Monthly Report - Ma y, 19 9 8
Page 2

D . FOIA Requests for recor ds:
c
L

L

T

A

S

M
I
A

PENOIN
G

3

2

0

0

0

3

0

>30
DAYS

1

0

0

0

0

0

ATL

E
G

E

G

J

0

S

U

E

As of May 31, 1998

MIM

MNA

MON

PEN

TAL

TOG

YAZ

0

2

0

0

2

3

0

0

1*

0

0

0

0

0

*lnfo due from FDC OAK - o r l g l na ll y as sl g n ed t o MNA howe v er ,
i nmate no t th e re and disc o vered req u es t shou l d have g o n e t o OAK attempted to resp o nd from th i s reg i on i n o r der t o resp o nd t imel y.
Having diff i cult y getting records fro m OAK.

II.

LITIGATION ACTIVITY - 1 998 SOUTHEAST REGION

A . SUMMARY REPORT

Ca s es Op e n
Ne w Ca s es
Ha b eas Corpus
"'TCA
vens
_her
Bivens/rTCA
Lit Repo r ts
Cases Clos e d

J AN
5 22
16
10
0
5
1
0
11
77

r EB

SIS
2
1

0
1
()

0
1
9

MAR
525
18
9
2
6
1
0
2
8

APR
535

MAY
53 7

IS

IS
8

6
2
:1

2
0
~)

5

B . SETTLEMENTS AND AWARDS:

JUN

JUL

AUG

S EP

OCT

NOV

DEC

2
5
0
0
5
13

No n e

C. S I GNIFICANT CASES , TRIALS or HEARINGS:
1.

u.s . Ex r eI . J e ff e r y S la v kovs ky v. Susan Kirk an d Will i a m
Buchan n ann
Case No. CV2 9 8 -1 00 (S. D. Ga.) (FILED UNDER SEAL )

Th i s i s new case, a Qui Tam c i vi l c o mp l a i nt f i led u nd e r t he
False Cl aims Act by a form e r PHS dent i st wh o was a isi gn ed at FCI
He al l eges that a c ontract Pharmac y Assist a n t
J e su p.
f r audulent l y bi ll ed the instituti o n f o r ~er v ices sh e h ad n o
rendered wi t h the fu l l kn o wl edge and c o operati o n o f th e He alt h
Systems Admin i strat o r.
The u.S. Att o r ne y 's Off i ce h as r eques ted
t ha t we adv i se t h em of BOP's perspect i ves regarding wh eth er t her e
i s mer i t t o t h e r e l at o r 's allegat i o ns and wh e ther the Un ited
St ates should, theref o r e , inter v e n e an d pursue th e a cti o n .

..
SER Monthly Report - May, 1998
Page 3
D. RELIGIOUS CASES:

No new cases.

E. ENSIGN AMENDMENT CASES: No new cases.

F. PLRA 1915 DI"SMISSALS:

None

G. CRIMINAL CASES:
U. S. A. vs. William Raymond Hock, 4: 97cr7 5-RH, (N. D. Fla. )
This officer is charged with violating 18 USC §2243 (b) ,
sexual abuse of an inmate. While the Office of Inspector
General is handling the lead on the case, Warden Greer has
indicated he wants Paralegal Dan Rouse to attend to represent
the interests of the institution. Thirteen (13) staff members
have been subpoenaed by the defense. Trial began on June 1 was
recessed on June 4 to June 16. The recess was necessary as
Hock's attorney attempted to introduce physical evidence of
which the government had no prior knowledge, specifically,
photographs of the defendant's penis which showed an alleged
birthmark which, according to his girlfriend's testimony, is
very obvious.
The inference to the jury is that the inmates
should have noticed this if the sexual acts occurred as
alleged. Hock is scheduled to be examined by a skin doctor to
determine if the "mark" is real, how long is may have been
there, is it obvious, etc.
1.

III. TRAVEL AND LEAVE SCHEDULE FOR June 1998:
Sherree L. Sturgis
Travel - June 9, 1998-Tallahassee; June 19 Central Office
(Legal Eagle workgroup meeting)
Annual Leave - June 18
Van Vandivier
Travel - None
Annual Leave - June 12
Earl Cotton
Travel - None Scheduled
Annual Leave - June 10-12
Gere Gooden
Travel - None scheduled

o

. SER Monthly Report - May, 1998
Page 4
Annual Leave - None scheduled
Loretta Rich, Paralegal Trainee is scheduled to arrive during
the week of June 22.
Jeffrey Sugg,

Honors Attorney is

scheduled to

arrive August

17.
IV.

Other Matters

A.

Regional Office move to commercial office space is
presently scheduled for June 22.
We expect to be in the
process of moving from June 16 on.
We plan to have the
existing phone numbers remain available during the move.
If you have trouble, call Terry Collins at USP, Atlanta.
She will be covering for any gap periods.
We will send
out Email to everyone when we are actually in and
operational. Thanks for your patience.

B.

City of Tallahassee, Connor Blvd./Park Ave. Realignment.
- I have been working with City officials for months to
try to negotiate a deal for allowing them the use of
about 4 acres of land at one corner of the institution
property to realign these two roads.
The realignment is
necessary to permit development of a large tract of land
behind the
institution for
housing projects.
The
realignment requires relocation of the institution's main
staff/visitor and warehouse/staff housing entrances and
the upgrading and redirection of roads on the institution
property.
I believe we are finally close to agreeing on
a plan.

cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

.
UNITED STATES GOVERNMENT

memorandum
July 8, 1998

Date:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331

-Reply to
Attn of:

Monthly Report - June 1998

Subject:

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort
JAN
Pending on 1st
Ree's in month
Reeons. ree'd
Ans'd in month
'nding at end
er 180 days

B. Tort

39
0
22
117
6

Cla~

FEB
113
55
3
49
118
3

Cla~s

APR
69
38
2
52
103
3

MAR
69
88
4
69
107
1

- 1998

MAY
89
63
1
46
111
2

JUN
104
36
0
58
101
3

Investigation Status:

c

E

0

0

JUL
101

AUG

SEP

OCT

NOV

As of June 30, 1998

L

G

E
G
L

T

A

S

M
I
A

PENOIN
G

38

9

0

0

1

4

4

5

4

7

1

0

4

6

17

>60
DAYS

3

0

0

0

0

0

0

0

0

0

0

0

0

0

0

JUN
15
24
14

JUL
31

AUG

...-,!::.t

OCT

N( ,-;

ATL

E

G

J

S

U

E

DEC

MIM

MNA

MON

PEN

TAL

TOG

YAZ

C. FOI/Privacy Act Requests - 1998
JAN
Pending
Ree'd in
Ans'd in
Pending
Over 30

on 1st
month
month
at end
days

FEB
12

21
10
24

18
21

4

4

9

MAR
18
18
22

MAY
21
15
41

19

APR
19
19
26
25

15

7

3

6

2

2

D. FOIA Requests for records:

r-~

As of June 30, 1998

DEC

.
. SER Monthly Report - June, 1998
Page 2
c

MIM

MNA

MON

PEN

TAL

TOG

YAZ

L

E
G
L

T

A

S

M
I
A

PENOIN
G

6

4

0

4

0

3

0

0

5

2

0

2

5

0

>30

2

0

0

0

0

0

0

0

0

0

0

0

0

0

ATL

0

E

G

J

S

U

E

.DAYS

II.

LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN

FEB

MAR

APR

MAY

JUN

522
16
10
0
5
1
0
11
77

515
2
1
0
1
0
0
1

525
18

535
15
6
2
5
2
0
5
5

537
15
8
2
5
0
0
5
13

542
10
8
0
2
0
0
0
5

9

9

2
6
1
0
2
8

JUL

AUG

SEP

OCT

NOV

DEC

B. SETTLEMENTS AND AWARDS:
7-7-98 Adverse Judgement, Chilton v. US, FMOE, 4: 96CV02533MLM:
$781,000. Wrongful death, FTCA, suicide after. change in
antidepressant medication
7-7-98 Recommended Settlement in SUlayman v. US, FGAS, 297-118,
EEO case involving doctor at JES, $70,000 recommended.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
1.

Figueroa v. Franco, et al.
Case No. 95-1791 (D. Puerto Rico)
We are very pleased to advise that the district court has
vacated its previous judgment for $1.00 against the individual
defendants and dismissed this case with prejudice. This is the
Bivens action from Puerto Rico where the court had found that two
defendants violated the right of the inmate to receive a copy of
the DHO report in a timely m?nner, and awarded $1.00 damages
against the defendants on summary judgment.
Pursuant to a Rule
60(b) (6) motion, the court reconsidered and vacated its preVlOUS
order.

SER Monthly Report - June, 1998

Page 3
D. RELIGIOUS CASES:

No new cases.

E. ENSIGN AMENDMENT CASES: No new cases.

F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
FCI, Edgefield has started its Legal Services life early and with
a bang by having a walk away from the work cadre.
FCI, Yazoo has referred two relatively minor drug possession
cases for prosecution on the theory that we should begin with a
strong statement.
Both were accepted. A good start.
1. DEFENDANTS(S): David Shane Shelby #05374-081
Institution Tracking No.: ATL-7143
Name of Case:
US v. David Shane Shelby
Court:
NDGA
Docket No.:
1:98-CR-0020
Institution:
ATL
Date of Offense:
7/23/97
Type of Case: Criminal Prosecution
Description:
Inmate Shelby held Ms. D. Ross at knife point in
the food service department.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update:
Inmate Shelby is shceduled to enter a guil ty plea to
Assault on a Correctional Offic~r on 7/20/98.
Assigned to: AUSA: Jan Jenkins FBI: Daron Cheney

III. TRAVEL AND LEAVE SCHEDULE FOR July 1998:
Sherree L. Sturgis
Travel -Jul y 2 6-Jul y 31, 1998; DC-Attorney and Pa r a: f-oqd 1
Training
July 15 - Settlement Conference, Savannah, Sulayman v. ~s
Annual Leave - July 6
Van Vandivier
Travel -Jul y 2 6-Jul y 31,
Training

1998;

DC-Attorney and Pa r a: pqa 1

to

SER Monthly Report - June, 1998
Page 4
Annual Leave Earl Cotton
Travel -July 5,
Chilton v. US
Annual Leave Gere Gooden
Travel - None
Annual Leave -

1998-July

8,

1998;

St.

Louis-Trial

July 3, 1998

Loretta Rich-New Paralegal Trainee
Travel - July 5- July 17, 1998-Denver-Paralegal Training
Annual Leave - None
IV.

Other Matters

a.
b.

7-24 Closing date for SERO FOI paralegal announcement
7-31 Former Regional Director, now USPO Jerry Williford
retires
On June 30, 1998, Alma Lopez, Attorney Advisor, GUA,
attended seminar offered to all Public Defenders and
court
appointed
attorneys
to
discuss
issues
and
difficul ties attorneys encounter when visiting the MDC.
New legal visiting procedures were thoroughly discussed.
The attorneys were given a list of 10 DO's and DON'Ts When
Visiting the MDC to avoid difficulties in the processing
of their legal visits.
A:ttorneys raised concerns about
the health services offered to inmates, process ing of
their visits and the delays in bringing the inmates to
the visiting room.· The meeting ended in a positive note.

c.

cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel and Associate General Counsel

II

UNITED STATES GOVERNMENT

memorandum
Date:
Reply to
Attn of:
Subject:

To:

August 5, 1998
Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331
Monthly Report - July 1998
Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 1998

3

MAR
69
88
4

49

6q

1] H

107
1

FEB
113
55

JAN
Pending on 1st
Ree's in month
Reeons. ree'd
n.ns'd in month
'nding at end
Jer 180 days

39
0
22
117
6

3

APR
69
38
,52
103

MAY
89
63
1
46
111

3

2

')

JUN
104
36
0
58
101
3

B. Tort Claim Investigation Status:
ATL
PENDING

>60 DAYS

36
10

c

E

E

E

L

C,

T

A

S

I
A

~)

1

G
L
0

G
lJ

M

0

E
S

J

0

],

4

4

0

()

0

0

0

1

JUL
101
74
3·
54
88
0

SEP

AUG
88

OCT

NOV

DEC

As of July 31, 1998

MIM

MNA

MON

PEN

~)

~)

q

1

3

0

0

0

0
0

TAL

T:·,

YA:':

,

4

"

,

'l

L

0

C. FOI/Privacy Act Requests - As of July 31, 1998
'JAN
Pending
Ree'd in
Ans',d in
Pending
Over 30

on 1 "t
month
month
at end
days

21
10
24
4

FEB
12
q

lK
21
4

MAR
18
18

APR
19

MAY
21

19

}")

41

1q

26
2 :J

3

6

2

')'l

<-

<.

D. FOIA Requests for records:

15

.lUN
15
24
14
7
2

.JUL

31

AUG
27

SEP

24
33

27
9

As of July 31, 1998

(,

.. -:

. ,''~

r 't .'

..
SER Monthly Report - August, 1998
Page 2

PENDING

>30 DAYS

II.

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COL

EGL

EST

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MNA

MON

PEN

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TDG

3
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0
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LITIGATION ACTIVITY - 1998 SOUTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN
522
16
10
0
5
1

FEB
515
2
1
0

1

0
11

0
0
1

77

9

MAR
525
18
9
2
6

1
0

2
8

APR
535
15
6

"

L

5
2
0
5

5

MAY
537
15
8
2
5
0
0
5
13

JUN
542
10
8
0
2
0
0

JUL
539
11
6
1
4
0
0

AUG
531

SEP

OCT

NOV

DEC

0

5

14

B. SETTLEMENTS AND AWARDS:
Pamela Ruth Chilton, et al. v. United States, 4:96-CV-2533 COP
(E.O. Missouri)
Trial was held in this case where the inmate committed suicide at
Fcr Jesup shortly after arrival and his prescription for was
changed from Xanax to Lorazepam.
The court found that the
Government was negligent and awarded damages to the plaintiffs in
the amount of $781,000.
This consisted of $725,000 lost income,
$50,000 intangible value and $6,000 funeral expenses.
SUlayman v. U.S., FGAS, 297-118 - Settled for $55,000 at
settlement conference on 7-15.

C. SIGNIFICANT CASES, TRIALS or HEARINGS:
Salvador Magluta v. F. P. Sam Samples, et al., App No. 97-8417
(ll t t. Cir.)
The defendants reply brief was submitted to the court, ar(~uing
that the district court's dismissal of the plaintiff's Bi ve:1!'
action on the basis of the fugitive from justice doctrine was
permissible and should be upheld.
Maria Simon, OOJ Appelldte
Attorney, prepared and filed the brief for the defendants.
We
awai t the court's decision.

It

SER Monthly Report - August, 1998
Page 3
D. RELIGIOUS CASES:
E. ENSIGN AMENDMENT CASES:

F. PLRA 1915 DISMISSALS:

NONE

G. CRIMINAL CASES:

No significant cases to report.
III. TRAVEL AND LEAVE SCHEDULE FOR August 1998:
Sherree L. Sturgis
Travel None
Annual Leave - None
Van Vandivier
Travel -

None

Annual Leave - August 17, 25-31
Earl Cotton
Travel - August 30-September 2, CSRE training Denver
Annual Leave - None
Jeffrey Sugg - Honors Attorney
Travel - None
Annual Leave - None
Gere Gooden
Travel - None
Annual Leave - August 10
Loretta Rich-New Paralegal Trainee
Travel None
Annual Leave - None
Beverly Snell - Legal Intern
Travel - 8-20-21 Assist AUSA Porto v. US,

FFLS

· SER Monthly Report - August, 1998
Page 4

Annual Leave -August 14
IV.

Other Matters

Orientation for new wardens, 7-13 by Sturgis & Vandivier
cc: Regional Director and Deputy Regional Director, SER
All Regional Counsel·and Associate General Counsel