U.S. Department of Justice
Federal Bureau of Prisons

,JAN 291993

Southeast Regional Office
523 McDonough Boulevard S.E.
Atlanta, Georgia 30315

DATE:

January 25,

TO:

Wallace H. Cheney, General Counsel
Bureau of Prison s , Central Office
320 First Street, N.W.
Washington, D.C.
20534
ATTN:

FROM:

RE:

1993

Nancy P. Redding, EXE

Sherree L. S tur gis, Regional
Bureau of Prisons, Southeast
523 McDonough Blvd., S.E.
Atlanta, GA
30315

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1st Quarter report FY 93

The following inform ation is provil
(October, November, December) 1992.

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r

Sa-pC:U'""D-.+u
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.

Litigatior
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (mandamus, etc)
NUMBER
NUMBER
NUMBER
NUMBER
AMOUNT

OF LITIGATION REPORTS
CLOSED
OF HEARINGS/TRIALS
OF SETTLEMENTS
OF AWARD

58
21
3

27
7

58
64

o
1

$35,000.00

Significant case activity
Victor Stubbs, V. U.S., 92-2384, Eastern District of Pennsylvania.
Plaintiff claims that he was a traveler on a bus from Petersburg to
Talladeg a in 1989, when the bus negligently collided with stopped
cars near Burlington, NC. He suffered fractured vertebrae, head and
leg injuries causing pain and medical expenses. On 11-02-1992 a
settlement on $35,000.00 was approved.

Caraballo-Sandaval V. Ron E. Honsted, CV-292-20, Southern District
of Georgia. Inmate and civilian sue for visiting privileges.
Civilian was a former contract employee from FCI Marianna in 1989.
She visited the inmate at Marianna after having resigned from her
contract position. She claims to have had a relationship with the
inmate prior to his incarceration.
Visiting was not permitted at
Jesup in 1991.
On November 23, 1992, the court issued an order
granting summary judgement, dismissing the case without prejudice
pending resolution of administrative remedies.
IN THE MATTER OF THE EMERGENCY APPLICATION OF THE FEDERAL PUBLIC
DEFENDER FOR AN ORDER TO ENSURE COMPLIANCE WITH THE RIGHTS OF
DEFENDANT-CLIENTS TO THE EFFECTIVE ASSISTANCE OF COUNSEL AS
GUARANTEED BY U.S. CONSTITUTION, AMENDMENT VI AND TITLE 18 U.S.C.
3006A AND 3142 (i) (3)
V.
The Federal Public defender in the
southern district to florida files this action on behalf of all
clients transferred from Miami as a result of Hurricane Andrew.
They allege that telephone access is not adequate and they are unable to schedule visits because of rapid relocation of clients to
other jails.
On 10-21-1992 a memorandum from Magistrate L. Snow to Judge
Roettger describing the meeting of federal
law enforcement
officials
regarding
pretrial
detainees.
The
10-06-1992
administrative order 92-52 requires 1) new arrestee to be kept in
the district for 14 days, 2) USM to transport prisoners to
facilities within the district 14 days prior to trial and 7 days
before sentencing, 3) 30 days notice in advance of trial or
sentencing date required for production, 4) problems wi th this
process are to be resolved by weekly meetings between USM, BOP, and
the Magistrates.
Federal Tort Claims
NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
NUMBER PAID
AMOUNT PAID
NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

Act/Employee Claims

193
190
3
3
1441.70
$
46
144
0
50.12 DAYS
FOI/PA

NUMBER RECEIVED
NUMBER CLOSED
NUMBER PENDING
NUMBER OVERDUE
OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS

95
74
19
17
5
0

Quarterly Comparison
TORT CLAIMS/EMPLOYEE CLAIMS
NUM

SER
1ST
2ND
3RD
4TH

QTR
QTR
QTR
QTR

PROP

PI

193 190

APPR

3

DEN

AMT
$1441.70

144

46

OD

PEND
0

AIO

AlP

50.12 161.19

LITIGATION
SER
1ST
2ND
3RD
4TH

QTR
QTR
QTR
QTR

NUM

HC

FTC

BIV

OTH

ANS

58

21

3

27

7

58

PEND

OD

A/OD

19

22

30

PEN

CLD

HIT

SET

64

0

1

AWD
35,000

FOI/PA
NUM

SER
1ST
2ND
3RD
4TH

QTR
QTR
QTR
QTR

95

PROC
74

AlP

CA

00

Travel
Sherree L. Sturgis, Regional Counsel, travel to Denver for Ethics
training, October 18 1992, through October 21, 1992. Cost $578.79.
Sherree L. Sturgis, Regional Counsel, travel to Atlanta for
training on December 14, 1992, Successful Representation in Federal
Courts. Cost $104.75.
Van Vandivier, Deputy Regional Counsel, travel to Denver for Ethics
training, October 18, 1992, through October 21
1992.
Cost
$413.50.
t

Van Vandivier, Deputy Regional Counsel, travel to Miami December
10, 1992, through December 11, 1992, for status conference in case
of Falcone V. Knowles. Cost $413.50.

Earl Cotton, Assistant Regional Counsel,
training, .Successful Representation of
$102.50.

travel to Atlanta for
Federal Courts.
Cost

Earl Cotton, Deputy Regional Counsel, travel to Denver for Ethics
training, October 18 1992, through October 21, 1992. Cost $259.10.
Darrin Scott, Attorney, travel to Atlanta for training, Successful
Representation of Federal Courts. Cost $100.00.
The total amount of travel this reporting period was $2151.20.
Finally, please find enclosed copies of the three "CEO Reports" for
the months of this reporting period.

Enclosures
cc: Regional Director

JAN 29

'12

-'J .. '

11: 14

FROM BOP SE REG COUNSEL

TO BOP-OGC

PAGE.001

U . S. Department of Justice
Federal Bureau of Prisons

(~ l'1I X

~0()J

Southeast Regional Office

n
\t'-v oct.,(
v
.0

~

52J McDono14g1t Boule~ald S.E.
AtlalftQ. GtofJia J031'

DATE:

January 25. 1993

TO:

Wallace H. Cheney. General Counsel
Bureau of Prisons. Ceneral Office
320 Firse Street. N.W.
Washington. D. c. 2t~;34
ATTK.1 . Maney P.

.,:',
rJ;Uu

Redding. Executive Assistant
:"~"',~:f.'~~~'~!~~'

Sherree L. Sturgis, Regional Couns
Bureau of Prisons, Southeast Regi n
523 McDonough Blvd .• S.E.

FROHJ

Atlanta, GA

1st Quarter report FY 93

REI

The

30315

:~

following

information

is

provided

for

the

first

quar~er

(October. November, December) 1992.

Litiqation
NUMBER or ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (mandamus.

e~c)

NUMBER OF LITIGATION REPORTS
NUMBER CLOSED

58

21
3

27
7

58
64

NUMBER OF HEARINGS/TRIALS

o

NUMBER

1
S35,000.00

or

SETTLEMENTS

AMOUNT OF AWARD

Significant case activity

V_ U.5 .. t 92-2384, Eastern District of Pennsylvania.
claims that he was a eraveler on a bus from Petersburg to
Talladega in 1989, when the bus negligently collided with stopped

Victor Stubbs

t

Plain~1ff

cars near Burlin~ton. Ne. He suff~red fractured vertebrae. head and
leg injuries causing pain and medical expenses. On 11-02-1992 a
settlement on S35.000.00 was approved.
OPTIONAL FORM 99 (7-90)

FAX TRANSMITTAL
To

NSN 1SSO-C1.31i·iSQ

S~ ~01

.Clfoa;~~.

J RN

29

'1 2

1 1 : 15

FROM BOP SE REG COUNSEL

TO BOP-OGC

PAGE.002

Caraballo-Sandaval V. Ron E. Honsted. CV-292-20, Southern D1str1c~
of Georgia. Inmate and civilian sue for visiting privileges.
Civilian was a former contrac~ employee from FeI Marianna in 1989.
She visited the inmate a~ Marianna after having resigned from her
contract position. She claims to bave had a relationship with the
inmate prior to his incarceration. Visiting was not permitted at
Jesup in 1991.
On .November 23, 1992, t.he court issued an order
gran~ing summary judgement, dismissing the case w1thoue prejudice
pending resolution of administrative remedies.

IN THE HATTER OF THE EMERGENCY APPLICATION
DEFENDER FOR AN ORDER TO
DEFENDANT-CLIENTS TO THE

or

THE FEDERAL PUBLIC

ENSURE COMPLIANCE WITH·· THE RIGHTS OF

EFFECTIVE ASSISTANCE or COUNS·ELO AS
GU·ARA.HTEED BY U. S. CONSTITU·TION A}{·BRDMEMT· VI:0.: AND TITLE 18 U..·S... ,Q·.··
3006A AND 3142 ( i) (3)
v.
The Fe:~~ral Publi~ de fender in the
southern districOt to florida files ·this act.ion on behalf of all
clients transferred from Miami as a result of Hurricane Andrew.
They alleqe ~hat telephone access is not adequate and they are unable to schedule visits because of rapid relocation of clients t.o
o~her jails.
t

10-21-1992 a memorandum from Magistrate L. Snow t.o Judge
describin9 the meeting of federal
law ~nforcement
officials
regarding
pre~rial
detainees.
The
10-06-1992
administrative order 92-52 requires l} new arrestee to be kept in
the district for 14 days t
2) USM t.o transport. prisoners t.o
facilities within the district 14 days prior to trial and 7 days
before sentencing t 3) 30 days notice in advance of t.rial or
sentencing dat.e required for product.ion, 4} problems with t.his
process are to be resolved by weekly mee~in9s between USH. BOP. and
t.he Magistrat.es.

On

Ro~ttger

Act/Employee Claims

Federal Tort Claims

NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
NUMBER
AMOUNT
NUMBER
NUMBER
NUMBER

PAID
PAID
DENIED
PENDING
OVERDUE

AVERAGE PROCESSING· TIME

193
190
3

3

S 1441.70
46

144
0.

50.12 DAYS

FOI/PA
NUMBER RECEIVED
NUMBER CLOSED
NUHBE·R PENDING

NUMBER OVERDUE
OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS

95
74
19

17
5

o

JRN

.... ,.

23
•

'12

1 1 : 16

FROM BOP SE REG COUNSEL

TO BOP-OGC

4

PAGE.003

Quarterly Comparison
TORT CLAIHS/EMPLOYEE CLAIMS

SER

NUH

1ST QTR

PROP

PI

193 190

APPR

3

AHT

PEND

DEN

S1441.70

144

46

00
0

AlP

A/O

50.12 161.19

QTR
OTR
4TH OTR
2ND
3RD

LITIGATIOJt
SER

:~:·~:ii."~:'>·

NUH

He

FTC

SIV

OTH

ARS

:

CLD

PER

~lT

SET:}..:~WD

0

1

""

1ST QTR

58

21

27

7

58

PEND

00

AIOD

19

22

30

3

64

.....•

35.000

2ND QTR
3RD QTR

4TH QTR

FOI/PA

SER
1ST QTR

HUM
95

PROC
74

AlP

CA

00

2ND QTR
3RD QTR

4TH QTR

Travel

Sherree L. Sturgis, Regional Counsel, ~ravel to Denver for Ethics
training, October 18 1992, ~hrough October 21, 1992. Cost $578.79.
L.
Sturgis, Regional Counsel, travel to Atlanta for
training on December 14, 1992, Successful Representation in Fe~eral

Sherree

Courts. Cost $104.75.
Van Vandivier, Deputy Regional Counsel. travel to Denver for E't.hics
t.raining, October 18. 1992. through October 21.
1992..
Cost
$413.50.
Van Vandivier, Depu~y Regional Counsel, travel to Miami December
10, 1992, through December 11. 1992, for status conference in case
of Falcone v. Knowles. Cost $413.50.

-' AN

29

' 12

• r.

'".-

1 1 : 17

FROM BOP SE REG COUNSEL

TO BOP-aGe

Earl Cotton, ~ssistant Regional Counsel.
training, Successful Representation of

t.ravel

Federal

PAGE.004

t.o At.lant.a
Courts.

for
Cost

S102.50.

Earl Cotten, Deputy Regional Counsel. travel to Denver for Et.hics
training, Oct.ober 18 1992. through Oct.ober 21, 1992. Cos~ $259.10.
Darrin Scott, Attorney. travel to At.lanta for t.raining, Successful
Represent.ation of Federal Courts. Cost S100.00.
The total amount. of travel this reporting period was S2151.20.
Finally, please find enclosed copies of the three ·CEO Reports" for
~he

m~nths

of this reporting period.

Enclosures
cc. Regional Direct.or