Page 1

(
UNITED STATES GOVERNMENT

memorandum
November 5, 2001

Date:

Attn of:

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

Subject:

Monthly Report - October 2001

Reply to

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I.

ADMINISTRATIVE LEGAL ACTIVITIES· SUMMARY REPORT
A.

(

Administrative Tort Claims -2001
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

Pending on 151
Rec'd in month
Recons. rec'd

155
35
4

138
21
2

140
30
1

105
40
0

113
32
1

112

136
50
1

146
60
3

166
51
2

147
55
0

Ans'd in month
Pending at end
Over 180 days

62
138
28

38
140

50
105
10

61
113

64

55
136

9

9

9-

42
146
17-

45
162
15-

64

112

91
133
16*

54

* OIA Referrals-7

54

3

151
20*

NOV

DEC

I

I

Pending SettJement. Settlement Authority. OOM and/or AFIP Referral-6
from Inst.-3

I·

Pending Info

I

I

B.

I

Tort Claim Investigation Status: As of November 1, 2001

I

An

COL

EDG

EG

57
15

6

6
0

2

EST

GUA

JES

MIA

MIM

MNA

MON

PE
N

TAL

TOG

YAZ

SEO

2
0

11
0

8
3

8
3

2

0

4
2

3
0

1
0

3
0

3
0

4
0

13
7

l

PENDING

>60

0

0

DAYS

c.

FOJ/Privacy Act Requests - 2001

-- .. -.,~ --- ----

-~.-.--

4225

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Zoldak - SER01-10.wpd

..

Page 2

SER Monthly Report -October 2001
Page 2
JAN
Pending on I-I
Rec'd in month
Ans'd in month
Pending at end
Over 30 days

D.

29
19
21
0

MAR

23
39
29
29
2

APR
29
25

MAY

JUN

JUL

AUG

~5

17

:0

~8

:8

31

37
17
0

37

19
3::
31

25
~

...
...

:0

31
37
15

0

0

0

SEP
15
35
20
30
0

NOV
19

OCT

30
32
49
19
1+

DEC

FOIA Requests for records: As of October 2001
COL

EGl

EST

GUA

JES

2

2

0

0

0
0

2
1-

5
0

ATl
PENDING
>30 DAYS

FEB
21
37
33
23
0

6

MIA

MIM

MNA

MON

1

1

0

0

0
0

0
0

0
0

TAL

PE
N

1

3
0

0

TOG

YAZ

0
0

1

1

0

0

EOG

•Awaiting records from Archives.

E.

Administrative Remedies 2001

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

133

136

211

178

272

182

155

,221

261

186

DEC

NOV

II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Report
JAN

Cases Open
New Cases
Habeas Corpus

310
12
5
0
5

FTCA

Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

2

0
6

110

MAR

213
19
14
0

6

0
5
0
0
5
10

5

0
0
1
10

APR
2':1'"
20
8
1
9
2

0
1
11

MAY

:31
19
16
0

JUN
236
:0
13
1

::17
30

::1

..,

-

5

0

1

0

0

0

5
14

5
39

10
13

C.

Significant Cases, Trials, Hearings, Other:

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

JUL

3

Settlements and Awards: None reported

5

:

AUG
234
25
16
2
6
1

0
14
28

SEP
231
17
11
0
6

0
0
10
14

OCT

NOV

DEC

234
23
18
1
4
0
0
5

10

NEW CASES:

a.

_.............._.•

FEB
212
11

B.

1.

•...•.

".

'

Juan Garcia v United States, S:01-cv-301-00-10GRJ (FFLM)
Habeas Corpus Petition. FCC Coleman. Plaintiff alleges inaccurate

-_ .....-.........- .__._ ....

__

._.-_....._---,----

4226

Page 3 .

(
SER Monthly Report -October 2001

Page 3
information contained in his Central File prohibits his ability to participate
in certain FBOP programs or to be paroled. AUSA not yet assigned.

(,

...

b.

Samuel Ingram v. R. D. Swope, 5:01-cv-2S0-0c-10GRJ (FFLM)
Habeas Corpus Petition. FCC Coleman. Petitioner alleges all of his
federal sentences should be aggregated together. AUSA has not yet
been assigned.

c.

United States v. Ahmad Ajaj, MA:01-108 (FSC)
Motion in a Criminal Case. FCI Edgefield. Petitioner declared a hunger
strike on October 10, 2001. Due to the inmate's refusal to be medically
examined, FBOP petitioned the court to force feed the Petitioner. AUSA
is Barbara Bowen.

d.

Gordon R. Der Weer v. United States. 2001/0118 (FDCVI)
FTCA Complaint. MDC Guaynabo. Plaintiff complains that staff failed to
properly diagnose and treat his syphilis while at MDC. Plaintiff alleges
that he did not receive medical treatment for three and a half years.
AUSA is Ernest Batenga.

e.

Darrell Hufstetler v. D. L. Hobbs, 201-147 (FGAS)
Habeas Corpus Petition. FCI Jesup. Petitioner alleges the incident report
he received for Possession of a Weapon is insufficient. AUSA has not yet
been assigned.

f.

Gloria P. McGfamry v. Kathleen Hawk Sawyer. 01-730S-CIV
(Dimitrouleas) (FFLS)
Habeas Corpus Petition. FCI Jesup. Inmate's wife and daughter filed a
lawsuit arguing the new 300 minute telephone limitation has violated their
First Amendment right to have contact with their husband and father,
respectively. AUSA is Barbara Patras.

g.

Herbert Patterson v. D. L. Hobbs, CV201-39 (FGAS)
Habeas Corpus Petition. FCI Jesup. Petitioner alleges he did not receive
credit toward his federal sentence for time served In state custody on a
similar charge. AUSA is Amy Copeland. .

h.

Julio Bermudez v. Kathleen Hawk. no number (FFLS)
Bivens Complaint. Fel Miami. Plaintiff alleges he is being harassed by
staff. Specifically. Plaintiff slleges he is being verbally abused, his
property confiscated for no reason, placed in SHU, and forced to live in
substandard conditions. AUSA has not yet been aSSigned.

4227

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

; Joyce Zoldak - SER01-10.wpd

.•-.-- -

SER Monthly Report -October 2001

Page 4
i.

United States v. Diaa Mohsen, 01-8087-CIV-Graham (FFLS)
Motion In a Criminal Case. FDC Miami. Defendant alleges that he has
been placed in Administrative Detention and prohibited access to
discovery materials due to some unspecified threat he poses. AUSA is
Rolondo Garcia.

j.

Lyle Ryman v. Archie Longley. et al.. 01-4164-CIV-Moreno (FFLS)
BivensiFTCA Complaint. FCI Miami. Plaintiff alleges he agreed to
provide "substantial assistance" to the FBOP concerning corrupt
employees and inmates at FCI Miami in exchange for a sentence
reduction. Plaintiff alleges he provided the assistance, but was never
given sentence reduction. AUSA is William Healy.

k.

Thomas Amador v. United States, 5:01 cv90MMP/MD (FFLN)
Habeas Corpus Petition. FCI Marianna. Petitioner alleges the FBOP
abused its authority by denying him early release consideration due a
state conviction for involuntary sexual battery. AUSA is Mike Finney.

I.

Daryl Fulton v. Mark Henry, CV201-39 (FGAS)
Habeas Corpus Petition. FCI Marianna. Petitioner alleges he did not
receive credit for time served. AUSA is Mike Finney.

m.

Terry Dennis v. Ron Wiley, CV-01-PT-2431-E (FALN)
Habeas Corpus Petition_ FCI Talladega. Petitioner alleges the FBOP has
denied him early release under the criteria outlined in 18 U.S.C. §
3621 (e). AUSA is Winfield Sinclair.

n.

Willie L. Porter v. Ron Wiley, CV-01-J-1813-E (FALN)
Habeas Corpus Petition. FCI Talladega. Petitioner alleges the FBOP has
"unconstitutionally" ~etroactively applied a new regulation to an already
settled expectations of earl release under the criteria outlined in 18 U.S.
C. § 3621 (e). AUSA is Winfield Sinclair.

o.

Walter Williams v. Ron Wiley, et aI., CV-01-PT-1815-E (FALN)
Habeas Corpus Petition. FCI Talladega. Petitioner alleges the FBOP has
"unconstitutionally" retroactively applied a new regulation to already

settled expectations of early release under the criteria outlined in 18
U.S.C. § 3621 (e). AUSA is Winfield Senclair.
p.

Prentiss Mitchell v. Khurshid Z. Yusuff. 5:01-cv47BrS (FMSS)
Bivens complaint. FCI Yazoo City. Plaintiff alleges that his privacy rights

--------_._-_ .._ __._------_ _-------_ __
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...

..

.....

4228

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(
SER Monthly Repon -October 200)

PageS
were violated by the failure to maintain accurate records. Please note that
by nOrder" dated September 21, 2001, Judge Bramlette dismissed all
individual defendants. AUSA is Bob Anderson.

2.

q.

Robert M. Wolfe v. Khurshid Yusuff, 5:01-cv 127BrS (FMSW)
Habeas Corpus Petition. FCI Yazoo City. Petitioner alleges his state and
federal sentences were ordered to run concurrently by the State court.
However, the FBOP refuses to honor the plea agreement in this matter.
AUSA is Cindy Elridge.

r.

Alvin Kendall v. BOP, 01-CV-2278-JTC (FNGA)
Habeas Corpus Petition. USP Atlanta. Petitioner alleges the Inmate
Financial Program is unconstitutional. Petitioner also seeks a declaration
that he does not have to participate in the program. AUSA has not yet
been assigned.

s.

Kimball v. BOP, 5:01-CV-257-0C-10GRJ (FMDFL)
Habeas Corpus Petition. FCC Coleman. Inmate claims that he is
receiving inadequate medical care in the Low and seeks injunctive relief
from the district court. AUSA is not yet assigned.

t.

United States v. Pena, Raised in the Criminal Trial context (FPR)
Motion in a Criminal Case. MDCGuanaybo. Petitioner is a former police
officer who contends that his constitutional rights have been violated while
in the SHU. A hearing was held in this matter and the AUSA explained to
the court that the police officers in this case will be released to general
population in groups of four. The Court was not satisfied with this
procedure and issued an order indicating that this procedure is not fair
and that she would issue a report to the USDJ stating the same. She
asked the AUSA to set a date for a hearing to discuss MOC procedures.

HEARINGS:
a.

U.S. v. Maximiliano Amparo, Cr. No.: 01-050 (FPR»
MDC Guanaybo. Defendant raises issues conceming his safety while at
MDC Guaynabo. Specifically, he contends that his placement in sHU
violates his rights regarding telephone calls and social visits and that his
life is in danger. Information was provided to the AUSA concerning the
allegations.

b.

U.S. v. Ivan Vazquez Alomar, Cr. No.: 00-692

(

4229

'

'

..

Page 5

------------------

...

_-_._..__ _............_._-_PageS
............

........

(
SER Monthly Report -October 200 I

Page 6
Motion in a Criminal Case. MDC Guaynabo. Defendant complained
about his placement in Administrative Detention. He contended that he
was not able to use the telephone or have access to counsel. The
defendant failed to exhaust administrate remedies. The Court found that
defendant's request was unreasonable.
3.

TRIALS: None Reported

4.

OTHER: None Noted.

i

I

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l

"

,

•.

__

.... ........._."-".,,.

__ __._--_ __._--------_. - - ._...

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....

4230

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j Joyce Zoldak - SER01-10.wpd

(~
SER Monthly Report ·October 2001
Page 7

5.

CLOSED CASES
a.

Grayson v. U.S. (FCI Yazoo City)
Civil Action Number 5:00cv247BrS
Dismissed with prejudice
September 5. 2001

b.

Scaff-Martinez v. Khurshid Z. Yusuff (FCI Yazoo City)
Civil Action Number 5:00cv238BrS
Dismissed Without Prejudice
September 26. 2001

c.

Tom Kiracofe v. McGuiness (FCI Yazoo)
Civil Action Number 5:00cv180BrS
Failure to prosecute.
September 27 2001
t

Schulze v. Vazquez (FCI Eglin)
Civil Action Number 01-CV-86
Dismissed
October 1 2001

d

(
'"

t

e.

King v. Houston et al. (FCI Eglin)
Civil Action Number 5:99cv14Q.ws
Petition Granted
July 31 2001
t

- . - -..

--.----.-~.-

..-.-...........

.".

f

Hernandez v. Serrano, et al. (FCI Miami)
Civ. Action No. 00·cv-1010
Dismissed
September 9,2001

h.

Goliday v. Hobby (FCI Jesup)
Civil Action Number 01-cv-38
Judgement for Defendant
August 1, 2001

i.

Gieseke v. Vazquez (FCI Eglin)
Civil Action Number 3:01cv165/LAC/MD
Petition Denied
October 22. 2001

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

.. .... .,'._ .. -

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PageS

o.

(
SER Monthly Report -October 2001
Page 8
j.

Chico-Polo vs Wiley (FCI Yazoo City)
Civil Action Number 00-S-2670-E
Dismiss with prejudice
September 28,2001

k.

United States v. Ajaj (FCI Edgefield)
Cr 8:01-108
FBOP request to force feed granted
September 21, 2001
0

D.

RELIGIOUS CASES: None Reported

E.

ENSIGN AMENDMENT CASES: None Reported.

F.

PLRA 1915 DISMISSALS: None Reported.

III

CRIMINAL CASES:

IV

TRAVEL SCHEDULE FOR OCTOBER 2001: None to report for October.

V

MISCELLANEOUS:

No significant reporting.

- - - ------------4232

I
(

___o~l

(

UNITED STATES GOVERNMENT

memorandum
November 10, 2001

Date:

Attn of:

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

Subject:

Monthly Report - November 2001

RepIyto

Christopher Erlewine, Assistant Director/General CounSel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I.

ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A

Administrative Tort Claims - 2001
JAN

FEB

MAR

APR

MAY

}UN

JUL

AUG

SEP

ocr·

NOV

DEC

Pending on 1st

155

138

140

105

113

112

136

146

166

147

133

102

Rec'd in month

35

21

30

40

32

54

50

60

51

55

48

4

2

1

0

1

3

1

3

2

1

0

Ans'd in month

62

38

50

61

64

55

42

45

64

91

8"1

Pending at end

138

140

105

113

112

136

146

162

151

133

100

Over 180 days

28

54

10

9

9

9·

17·

15·

20·

16·

17·

Recons. rec'd

Pending Settlement, Settlement AuthOrity, OQM and/or AFlP Referral-II

• OIA Referrals -6

Tort Claim Investigation Status: As of November 30, 2001

B.

An
PENDIN
G

>60
DAYS

Pending
Info from
Inst.-O

COL

EDG

EG

EST

GUA

L

JES

MIA

MIM

MNA

MO

PE

TA

N

N

L

TOG

YAZ

SEQ

46

3

5

0

2

2

3

7

1

3

3

I

4

2

4

14

12·

0

0

0

0

I

0

3

0

1

0

0

0

0

0

9

4500

(

SER Monthly Report -November 2001
Page 2

• Includes the six indicated above as OIA referrals.

c.

FOUPrivacyAct Requests - 2001
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

Pending on 1 ~t

6

21

23

29

25

17

19

20

15

30

19

Rec'd in month

29

37

39

25

28

28

32

31

35

32

14*

Ans'd in month

19

33

29

31

37

37

31

37

20

49

20

Pending at end

21

23

29

25

17

17

20

15

30

19

10

0

0

2

2

0

0

0

0

0

1*

1**

OVer 30 days

D.

(

FOIA Requests for records: As of November 2001

An

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

PENDING

0

1

0

0

5

0

1

1

0

0

0

>30
DAYS

0

0

0

0

0

0

0

0

0

0

·0

TAL

TOG

YAZ

EDG

1

0

0

1

1

0

0

0

·Figure low due to mail not being opened at Central Office since October 19,2001 .
••Awaiting records from National Records Storage Center.

E.

DEC

Administrative Remedies 2001

JAN

FEB

MAR

APR

MAY

}UN

JUL

AUG

SEP

ocr

NOV

133

136

211

178

272

182

155

221

261

186

142

4501

DEC

(

SER Monthly Report -November 2001
Page 3

II. LITIGATION ACTIVI1Y - 2001 SOUfHEAST REGION
A.

Summary Report
JAN

Cases Open

FEB

MAR

APR

MAY

AUG

JUL

JON

SEP

OCT

NOV

DEC

310

212

213

222

231

236

217

234

231

234

12

11

19

20

19

20

30

25

17

23

Habeas Corpus

5

6

14

8

16

13

21

16

11

18

13

FTCA

0

0

0

1

0

1

2

2

0

1

0

Bivens

5

5

5

9

3

5

5

6

6

4

7

Other

2

0

0

2

0

1

2

1

0

0

2

Bivens/FTCA

0

0

0

0

0

0

0

0

0

0

0

Lit Reports

6

5

1

1

5

5

10

14

10

5

21

110

10

10

11

14

39

13

28

14

10

18

New Cases

Cases Closed

B.

Settlements and Awards: None reported

C.

Significant Cases. Trials, Hearings, Other:
I.

247

251

21

NEW CASES:
a.

AbulHakeemAfizv. U.S. PenitentiaxyWarden, I:OI-cv-2032-CC (FGAN)
Bivens Case. USP Atlanta. Inmate claiming exposure to second-hand
smoke as a result of being housed with inmates who smoke. AUSA not yet
assigned.

b.

Larry Coley v. U.S .. I:OI-cv-1466-BBM (FGAN)
Bivens Case. USP Atlanta. Plaintiff alleges his medically indicated surgery
was delayed from a year and that follOwing the surgery, he was denied pain
medication. AUSA has not yet been assigned.

c.

Roland Gomes v. R.D. Swope, 5:01-cv-357-0cIOGrJ (FFLM)
Habeas Petition. FCC Coleman. Petitioner alleges the FBOP has
computed his sentence incorrectly. Petitioner alleges his sentence should
be computed as parole eligible. AUSA has not yet been asSigned.

4502

(

SER Monthly Report -November 2001
Page 4

d.

Lucious Scott v. U.S., 5:01-cv-126-0c-IOGRJ (FFLM)
FTCA Case. FCC Coleman. Plaintiff alleges he did not received
appropriate medical treatment for an injury to his finger he sustained
playing football. AUSA Alonzo Long.

e.

Kelvin Stephens v. R. D. Swope, 5:01-cv-321-0c-IOGR] (FFLM)
Habeas Corpus Petition. FCC Coleman. Petitioner challenges a
disciplinary report issued to him. He indicates the report is false and was
written because he was attempting to find another job. AUSA not yet
asSigned.

f.

lesus Coronado v. lose Vazquez, 3:0Icv336/IAC/SMN (FFLN)
Habeas Corpus Petition. FCI Eglin. Petitioner alleges FBOP has computed
his sentence incorrectly.
Petitioner also alleges the U.S. Parole
Commission has failed to provide him a Parole Hearing. AUSA Michael
Finney.

g.

leffr~

Mendoza v. Khursid Yusuff, 5:01-cv-208BrS (FMSS)
Habeas Corpus Petition. FCI Eglin. Petitioner challenges an incident
report he received for being in an unauthorized area with a member of the
opposite' sex. AUSA Cindy Eldridge.

h.

United States v. Julio Scott, CR400-45 (FGAS)
Motion in a Criminal Case. SERO. Defendant is requesting a nunc pro tunc
designation to a state facility to serve his federal sentence. AUSA Charlie
Bourne.

i.

Darrell McCord v. I. L. Sivl(y, cv-99-PWG-1742-E (FALN)
Bivens Case. FCI Talladega. Plaintiff alleges he has pennanent blurred
vision, soreness, and redness due to some drops being placed in his eyes.
AUSA Winfield Sinclair.

j.

Eric Molden v. Ron Wiley, CV OI-TMP-1816-E (FALN)
Habeas Petition. FCI Talladega. Petitioner alleges FBOP improperly and
unconstitutionally retroactively applied a new regulation to an already
settled expectation of early release pursuant to 18 U.S.C § 362 I (e). AUSA
not yet assigned.

1<.

Benjamin Tillman v. I L Sivley, CV-99-P-0504-E (FALN)
Bivens Case. FCI Talladega. Plaintiff alleges he was assaulted when he
re~ed to accept a particular cellmate. Plaintiff also alleges that he did not

(.........
~

4503

(
".

SER Monthly Report -November 2001

PageS

receive appropriate medical care for his injuries. AUSA Winfield Sinclair.
1.

Earnest Conrod v. Angel Simmons, 5:01-cv-313-BrS (FMSS)
Bivens Case. FCI Yazoo City. Petitioner alleges he was accorded unfair
and unjust sanctions and that staff retaliated against him. AUSA Cindy
Eldridge.

m.

United States of America v. Sedrick Tackson, 98 I-I 00 I 8-00 1. (FLAW)
Motion in a Criminal Case. FCI Yazoo City. Defendant requests credit
for time served in state custody toward his federal sentence. AUSA
Cristina Walker.

n.

Faundsworth B. Tones v. Khurshid Yuseff , no docket number
Habeas Corpus Petition. FCI Yazoo City. Petitioner alleges that he should
not be made to pay restitution through the IFRP based on the erroneous
information contained in his PSI. AUSA is not yet assigned.

o.

Harty Schreiber v. Warden Yusufff, no docket number (FMSS)
Habeas Corpus Petition. FCI Yazoo City. Petitioner challenges 300
minute telephone limitation has violated his First and Sixth Amendment
rights to have contact with his family and impedes his access to courts.
AUSA Cindy Eldridge.

(...... .
)

2.

HEARINGS:
a.

United States v. Pena, CR-O 1-616 (FPR)
Motion in a criminal case. During a hearing in a criminal trial, this fonner
police officer alleged that during his hOUSing in SHU his rights were
violated. Specifically, he alleged that he did not receive clothing, telephone
calls, and was required to sleep on a mattress on the floor. Although failure
to exhaUst administrative remedies was argued by the AUSA, the court
urged that exhaustion would be futile in this case. This inmate is one of
32 former police officers arrested on drug conspiracy charges. The AUSA
explained to the court that the inmates were going to be released to general
population four at a time, but the Judge suggested the inmate could be
placed in general population. The court has set a hearing on t;his issue for
December 7, 2001.

3.

TRIALS: None Reported

4.

OTHER: None Noted.

4504

(

3ER Monthly Report -November 2001
Page 6

5.

CLOSED CASES
a.

Callaway v. W arden Wil~ (FCI Talladega)
Civil Action Number OO-J-2616-E
Dismissed without prejudice
October 23,2001

b.

Hawer v. Ms. Cook (FCI Talladega)
CV OO-PT-0574-E
Surnnr.n~Jud~ent

October 25, 2001

(

c.

Richardson v. Officer Lemon, (USP Atlanta)
I :00-CV-0052-JEC
Motion for Reconsideration denied
October 24, 200 I

d.

Speer v. Attorney General for The State of Alabama (FPC Montgomery)
01-PT-1941-E
Dismissed
November 6, 2001

e.

Kilpatrick v. Houston, (FeI Miami)
99-10862-HH
Appeal Denied

f.

Valdes v. United States (FCI Edgefield)
97 -732-CIV-LenardlBrown
Summ~ Judgment
November 19,2001

g.

Abbott v. U.S. (MDC Guanaybo)
Civ No: 98-2216 (JAG)
Dismissed
November 8, 2001

h.

Kendall v. BOP, (USP Atlanta)
01-CV-2278-JTC
Dismissed
October II, 2001

\

4505

(

',ER Monthly Report -November 2001
t'age 7

III

D.

RELIGIOUS CASES: None Reported

E.

ENSIGN AMENDMENT CASES: None Reported.

F.

PLRA 1915 DISMISSALS: None Reported.

CRIMINAL CASES;

No significant reporting.

IV

TRAVEL FOR NOVEMBER 2001

V

MISCELLANEOUS;

4506

UNITED STATES GOVERNMENT

memorandum
January 10, 2002

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - December 2001
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I.

ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A.

Administrative Ton Claims - 2001
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Pending on 1st

155

138

140

105

113

112

136

146

166

147

133

102

Rec'd in month

35

21

30

40

32

54

50

60

51

55

48

55

Recons. rec'd

4

2

1

0

I

3

I

3

2

1

0

1

Ans'd in month

62

38

50

61

64

55

42

45

64

91

81

37

Pending at end

138

140

105

113

112

136

146

162

151

133

100

112

Over ISO days

28

54

10

9

9

9-

17-

IS·

20·

16-

17-

16*

Pending Settlement, Settlement AuthOrity, OQM and/or AFIP Referral-9

- OIA Referrals -6

Tort Claim Investigation Status: As of January 7. 2002

B.

ATL

COL

EOG

EG

EST

GUA

JES

MIA

MIM

PENOIN

>60
DAYS

MN

A

L

G

Pending
Info from
Inst.-I

MO

PE

TA

N

N

L

TOG

YAZ

SEa

40

10

II

0

1

2

0

6

2

4

3

I

5

4

4

15

II

0

0

0

0

I

0

3

0

2

2

0

1

0

0

12-

4483

(

SER Monthly Report -December 2001
Page 2

* 9 pending settlement authority, OQM and AFIP Referral.
*3 pending additional information from claimant and/or representative.

c.

FOIIPrivacy Act Requests - 200 I
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Pending on 1 at

6

21

23

29

25

17

19

20

15

30

19

10

Rec'd in month

29

37

39

25

28

28

32

31

35

32

14*

25

Ans'd in month

19

33

29

31

37

37

31

37

20

49

20

17

Pending at end

21

23

29

25

17

17

20

15

30

19

10

22

0

0

2

2

0

0

0

0

0

1*

1**

0

OVer 30 days

D.

FOIA Requests for records: As of December 2001
MNA

MaN

PEN

TAL

TOG

YAZ

EDC

2

1

0

1

2

1

0

4

0

0

0

0

I

0

0

0

ATL

COL

EGL

EST

GUA

JES

MIA

MIM

PENDING

3

2

0

2

3

0

1

>30
DAYS

0

0

0

0

0

0

0

-Figure low due to mail not being opened at Central Office since October 19, 2001.

**Awaiting records from National Records Storage Center.

E.

Administrative Remedies 200 I

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

133

136

211

178

272

182

155

221

261

186

142

376

4484

C

SER Monthly Report -December 2001
Page 3

II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Report
FEB

MAR

APR

JUN

JUL

AUG

SEP

OCT

NOV

DEC

310

212

213

222

231

236

217

234

231

234

247

251

12

11

19

20

19

20

30

25

17

23

Habeas Corpus

5

6

14

8

16

13

21

16

11

18

13

16

FTCA

0

0

0

1

0

1

2

2

0

1

0

0

Bivens

5

5

5

9

3

5

5

6

6

4

7

8

Other

2

0

0

2

0

1

2

1

0

0

2

1

Bivens/FTCA

0

0

0

0

0

0

0

0

0

0

0

0

Lit Reports

6

5

1

1

5

5

10

14

10

5

21

9

110

10

10

11

14

39

13

28

14

10

18

9

JAN

Cases Open
New Cases

Cases Closed

(

MAY

B.

Settlements and Awards: None reported

C.

Significant Cases. Trials. Hearings. Other:
1.

21

25

Tot

242

NEW CASES:
a.

Bradshawv. Dove, 2:01-4236-22AJ (FSC)
Habeas Corpu~ Petition. FCI Edgefield. Inmate challenges a DH 0 hearing
held at FCI Miami. AUSA Barbara Bowens.

b.

Knoth v. Dove, 2:0I-3979-IIA] (FSC)
Habeas Petition. FCI Edgefield. Inmate challenges the decision of ICC
staff from Usp Lewisburg to not allow him to participate in the ICC
program at the satellite camp at USP Lewisburg. AUSA Barbara Bowens.

c.

Robinson v. Dove, 2:01-3589-8A] (FSC)
Habeas Corpus Petition. FCI Edgefield. Inmate seeks the coun to regain
telephonic use of Inmate Telephone Service (ITS) System for monitored
legal telephone call only. AUSA Barbara Bowens.

d.

U.S. v. Pena, CR No. 01-614 (PG) (FPR)
Motion in the Criminal Case. MDC Guaynabo. Inmate filed a motion

4485

SER Monthly Report -December 2001

(

'"lage 4

seeking his release from administrative detention and seeking credit toward
any future disciplinary sanction for the time he spent in administrative
detention. This defendant is one of 34 police officers who were placed in
an administrative detention status pending placement in the general
population.
e.

U.S. v. Diaz, CR 01-737 (CCC) (FPR)
Motion in the Criminal Case. MDC Guaynabo. Inmate was housed at the
institution with numerous medical problems, but he routinely refused
medical treatment for these conditions. The inmate's medical condition
bS Once at the
hospital, the inmate refused medical treatment and was returned to the
institution. A motion was filed to transfer the inmate to a medical center,
which was granted.

(

f.

Blue v. Scott, 01-CV-2389-JEC (FGAN)
Habeas Corpus Petition. USP Atlanta. Inmate challenges a DHO hearing
and sanctions. AUSA Pat Stout.

g.

Scott v. Lopez, 1:01-CV-21IS (FGAN)
Bivens Case. USP Atlanta/SERO CLC. Plaintiff alleges he did not receive
appropriate medical treatment for a sore on his penis. . Plaintiff was
ultimately diagnosed with cancer and required surgery. AUSA David
Powell.

h.

Torres v. Warden. USP Atlanta, 1:01-cv-1240-JOF (FGAN)
Bivens Case. USP Atlanta/SERO CLC. Plaintiff alleges he did not receive
adequate medical treatment for a nose bleed and a breathing problem. He
also alleges that he was placed in four point restraints for four days for
trying to seek medical attention and that his medical problems were
exacerbated by placement in restraints. AUSA not yet aSSigned.

i.

Garcia v. BOP, 01-4745-Civ-Highsmith (FFLS)
FOWPA Case. FCC Colemarv'SERO CLC. Plaintiff challenges the
accuracy of information contained in his Central File. Plaintiff allges this
information has denied him certain BOP benefits. AUSA not yet aSSigned.

j.

IGeman v. Vazquez, No Number (FFLN)
Habeas Corpus Petition. FPC Eglin/Miami CLC. Petitioner challenges the

,

I

4486

SER Monthly Report -December 2001
PageS

(

retroactive application of the Lopez decision, which resulted in him being
eligible for early release via 18 U.S.C. § 3621 (e). AUSA not yet assigned.
k.

U.S. v. Beltran, CR H-94-24B-02 (FTXH)
Motion in a Criminal Case. FCI EstilVEdgefield CLC. Inmate filed a
motion contesting his participation in the IFRP.

1.

Carter v. Correctional Officer Abdel, 01-4350-Civ-Gold (FFLS)
Bivens Case. FCI Miami/Miami CLC. Plaintiff alleges when he urinated
in the law library, officers wanted to fight him during his movement to a
cell. AUSA not yet assigned.

m.

MClair v. Gonzalez, OI-4065-Civ-Seitz (FFLS)
Habeas Corpus Petition. FCI Miami/Miami CLC. Petitioner alleges he is
entitled to early release pursuant to IB U.S.C. § 3621(e) a~d the Lopez
decision was retroactvely applied to him. AUSA is not yet aSSigned.

n.

Hickey v. Rosado, 01-1597-CIV-Moreno (FFLS)
Bivens Case. FCI Miami/Miami CLC. Plaintiff alleges inadequate medical
treatment for his foot. Plaintiff alleges FCI Miami medical staff did not
follow the recommendations of the outside specialist. AUSA not yet
aSSigned.

o.

Ross v. Gonzalez, OI-3604-Civ-SGold (FFLS)
Habeas Corpus Petition. FCI Miami/Miami CLC. Petitioner alleges he
received inappropriate medical treatment for sores on his scalp. AUSA is
not yet aSSigned.

p.

Comerv. Henry, 5:01-cv300/MMP/MD (FFLN)
Habeas Corpus Petition. FCI Mariana/Miami CLC. Petitioner alleg~s his
release date has been miscalculated. AUSA is not yet assigned.

(
\.

2.

HEARINGS:
a.

United States V. Pena, CR-O 1-616 (FPR)
Motion in a criminal case. During a hearing in a criminal trial, this former
police officer alleged that during his housing in SHU his rights were
violated. SpeCifically, he alleged that he did not receive clothing, telephone
calls, and was required to sleep on a mattress on the floor. Although
failure to exhaust administrative remedies was argued by the AUSA, the

4487

SER Monthly Report -December 2001
Page 6

(

(

court urged that exhaustiot:\ would be futile in this case. This inmate is
one of 32 former police officers arrested on drug conspiracy charges. The
AUSA explained to the court that the inmates were going to be released to
general population four at a time, but the Judge suggested the inmate could
be placed in general population. The court has set a hearing on this issue
for December 7, 2001. At the hearing, the Court took the testimony of
three of the police officers and accepted their testimony as being truthful.
The Court was very concerned about this situation and advised that it was
going to continue the hearing so other inmates could testify. On the date
of the second hearing, defense counsels, AUSA, and the Attorneys for
MDC Guaynabo met with the judge in chambers and discussed the status
of inmate housing. The Court was advised that room was being made to
place the inmates in a general population housing unit and the judge
continued the hearing for a week. By the time of the third hearing, all
inmates had been placed in a general population housing unit.. The Court
to the testimony of two additional inmates and staff advised the Court
that the allegations raised by the inmates would be referred to the Office
of Internal Affairs.

3.

TRIALS: None Reported

4.

OTHER:
a.

Inmate Mazen AI-Najjar, Register Number 35673-019
Dan Eehart has been working with USP Coleman executive staff regarding
AI-Najjar's conditions of confinement. AI-Najjar is currently in SHU, but
had received visits from his family and attorney. CNN recently attempted
to interview AI-Najjar without prior approval. The inmate filed a petition
for Habeas Corpus in the Southern District of Florida, but FCC Coleman
has not obtained a copy. Once the U.S. Attorney's Office is served and a
copy is forwarded to the FCC, more information will be able.

b.

Inmate Roy Ageloff, Register Number 57431-053
Inmate Ageloff was discovered speaking to his attorney about scheduling
a meeting with three other people in order to assign stock, movie rights,
and other business interests. Mer the inmate was placed in SHU, Dan
Eckhart advised the attorney he could not assist inmates with conducting
a business. The attorney claimed all proceeds of the sale were going to
satisfy the inmates $80 million dollar restitution order. As a result of this
disclosure, the prosecuting U.S. Attorney's Office has expressed a
willingness to travel to FCC and become a party to the transaction.

4488

(

SER Monthly Report -December 2001
Page 7

5.

CLOSED CASES
a.

Pollock v. Hobbs (FCI Jesup)
DC DI(T No.: 00-00107 CV-AAA-2 (II Cir.)
Affirmed
November 29,2002

c.

Proenza v. Matthews (FCI Talladega)
CV 98-PT-3II6-E
Motion Denied
November 2,2001

d.

Bravo v. Wiley, (FCI Talladega)
CV 00-PT-I005-E
Dismissed With Prejudice
December 3, 2001

d.

Del Sol v. INS (FCI Talladega)
00-G-2492-E
Dismissed as Moot
December 3,2001

e.

Enlow v. USA, (USP ATL)
I-OI-CV-2I65
Dismissed Without Prejudice
November 16,2001

f.

Mohwish v. Yusuff (FCI Yazoo City)
5Civil action No.: 98CVl74BrS
Dismissed With Prejudice
August 15,2001

g.

Roberts v. Wiley (FCI Talladega)
Civ No: 00-PT-0737-E
Petition Denied
November 28,2001

h.

Schreiber v. Yusuff (FCI Yazoo City)
Civ. Act. No.: 5:01cv350BrS
I?ismissed With Prejudice

(

4489

SER Monthly Report -December 2001

Page 8
December 7, 2001

(

1.

Wright v. Vasquez (FCI Eglin)
Civ. Act. No.: 3:0Icv273/RV/SMN
Dismissed With Prejudice
December 3, 2001

J.

Smith v. Rav (FCI Edgefield)
Civ. Act. No.:25:01-239-ISAJ
Summary Judgement
December 14, 200 I

k.

Minnis v. U .S. (USP Atlanta)
Civ. Act. No.: 01 -CV-2S00-JEC
Dismissed
December 13,2001

D.

RELIGIOUS CASES: None Reported

E.

ENSIGN AMENDMENT CASES: None Reported.

F.

PLRA 1915 DISMISSALS: None Reported.

III

CRIMINAL CASES:

IV

TRAVEL FOR DECEMBER 2001

V

No significant reporting.

MISCELLANEOUS:

4490