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UNITED STATES GOVERNMENT
MEMORANDUM
_.----..-....- --- _..
.......

DATE:

Ju 1y 3 1, 1 993

TO:

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

.....

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

-

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'

..

...

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__.- _--_.
..

Nancy P. Redding, Executive Assistant

FROM:

Sherree L. Sturgis. Regional counstfBureau of Prisons. Southeast Regio
523 McDonough Blvd .. S.E.
Atlanta, GA 30315

RE:

Third Quarter

~

fY 93

The following information is provided for the third quarter (April,
May, June) 1993.
Litigation
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
F'J'(~A

41
....

Ar.T! ('INS

oJ

BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER
NUMBER
NUMBER
NUMBER
AMOUNT

73

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

19
10
73
29
3
0
0

Significant Case Activity
Jesse W. Green v. Department of Justice. et al., CV 92-H-1728-E,
Northern District of Alabama.
An inmate at Talladega claims a
violation of his Eighth Amendment because of housing with Cuban
detainees. He was taken hostage in the 08-1991 disturbance.
On
May 11, 1993, the court issued an order granting summary judgment
on beha I f of the governmen t .
FCI, Ta.ll adega staff were not
wantonly or callously indifferent to potential danger when they
placed an American inmate in administrative detention with Cuban
Detainees in Alpha Unit just prior to the 1991 hostage incident.

'.,'

Southeast Region Third Quarterly Report
July 31! 1993
Page 2
Joseph Sun v. Harold Delashmit, et a1., 90-AR-0051-S, Northern
District of Alabama.
An inmate at Talladega claims that he was
denied medical care and bathroom privileges on a plane that was in
transport between Petersburg and Talladega in 1989.
The inmate
also alleges that he was subject to an excessive use of force. The
trial was scheduled for June 1, 1993 and was continued until June
4, 1993.
The two day trial was attended by Van Vandivier. Deputy
Regional Counsel.
On June 8, 1993. a verdict for the defendants.
was handed down.
On June 14, 1993. the inmate appealed to the
Eleventh Circuit.
Herber t Lee. e t a 1. v. Richard Thornburgh,
1 : 90-CV-1350-JOF,
Northern District of Georgia. Black employees at Atlanta allege
discrimination based on race because they were denied promotions.
The trial was scheduled for May 24, 1993 and continued for three
days. The trial was attended by Earl L. Cotton, Assistant Regional
Counsel. The presentation of testimony was not completed at this
time.
On July 1, 1993, the trial resumed and was completed the
same day.
On July 23, 1993, the magistrate's report and
recommendation recommended that judgment be entered in favor of the
defendants, dismissing all claims, and that the plaintiff's bear
all costs.
Federal Tort Claims Act/Employee Claims
114

NUMBER FILED

PERSONAL PROPERTY
PERSONAL INJURY
NUMBER PAID
AMOUNT PAID
NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

iOi

13

o

o

43
216
19
121.00 DAYS
FOI/PA

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

136
122
37

13
17

o

;

.

..,
Southeast Region Third Quarterly Report
July 31, 1993
Page 3
Quarterly Comparison
TORT CLAIMS/EMPLOYEE CLAIMS
NUM

PROP

193
160
114

190
156
101

SER
1ST
2ND
3RD
4TH

QTR
QTR
QTR.
QTR

PI

APPR

AMT

DEN

3
4
13

0
18
0

$1441.70 46
$3421.58 150
$0
43

OTH

PEND
144
255
216

OD

A/O

A/P

----- 161.19
----- 108.55
----- 121.00

0
45
19

LITIGATION
SER
1ST
2ND
3RD
4TH

QTR
QTR
QTR
QTR

NUM

HC

FTC

BIV

58
45
73

21
20
41

3
2
3

27
15
19

ANS

..,

.

PEN

58
45
73

I

8

10

CLD

H/T

64
41
29

0

SET

AWD

1
0
0

$35,000
0
0

0

3

FOI/PA
SER

NUM

loS 1" QTk

'35

2ND QTR
3RD QTR
4TH QTR

110
136

PEND

OD

14

lY
6
37

22

30

0

0

30
13

00
00

1
0

0
0

18
122

A/OD

AlP

PROC

CA

Travel
Sherree L. Sturgis. Regional Counsel
April 19-23, 1993, Travel to Herndon, Virginia for a
Assessment Meeting. The cost was $958.50.
June 6-10, 1993, Travel to Denver, Colorado
Litigation Seminar. The cost was $599.00

for

Management

the

June 13-5, 1993, Travel to Glynco, Georgia to Host
Seminar for Lawyers at FLETC.
The cost was $302.60.

a

Prisoner
Training

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..

1

Southeast Region Third Quarterly Report
July 31, 1993
Page 4
June 29 through July 3. 1993, Travel to Miami, Florida to provide
Technical Support for MCC, Miami staff. The cost was $720.98.
Van Vandivier, Deputy Regional Counsel
April 1, 1993, Travel to Birmingham, Alabama to assist AUSA in the
case of Beard v. Britton. The cost was $101.25.
April 26, 1993, Travel to Talladega, Alabama to assist AUSA in case
of Beard v. Britton. The cost was $80.00.
\1ay 20, 1993, Travel-to Talladega, Alabama to assist AUSA in the
case of Beard v. Britton. The cost was $75.75.
June 1-4, 1993, Travel to Birmingham, Alabama to assist AUSA in the
case of Sun v. Delashmit. The cost was $99.75.
June 4-5, 1993, Travel to Birmingham, Alabama to assist AUSA in the
case of Sun v. Delashmit. The cost was $173.88.
June 6-10, 1993 ,~: Trave Ito Denver, Co lorado
Litigation Seminar. The cost was $558.50.

for

the

Pr i soner

June 14-15, 1993,~Travel to Montgomery, Alabama for a meeting with
the Warden of FPC, Maxwell and the Base Commander of the Maxwell
Air Force Base. The cost was $107.00.
!'.!!!e 15-17, 1993, Ti"u;,-cl tv uilluillgili:l.lI1, Aiaoama to assIst AUSA in
the case of Burns v. Lawther. The cost was $234.20.
Michelle Coulombe, Paralegal Trainee
March 21-10, 1993, travel to Aurora, Colorado to attend the
Paralegal Training courses held in Aurora, Colorado. The cost was
$1,945.00.
The total cost of travel during this reporting period was $5956.41.
Other Activities
On June 15, 1993, Van Vandivier, Deputy Regional Counsel, met with
the Warden of FPC, Maxwell and the Base Commander for Maxwell Air
Force Base to renegotiate the provision for providing medical
services to inmates.

Southeast Region Third Quarterly Report
July 31! 1993
Page 5
On May 12. 1993. Van Vandivier. Deputy Regional Counsel! and Earl
L. Cotton, Assistant Regional Counsel conducted a training session
with the CCM Contract Personnel at USp, Atlanta on Integrity and
Ethics issues.
On June 20~ 1993, Sherree L. Sturgis conducted a training session
with the CCM Contract Personnel at MCC, Miami on Integrity and
Ethics issues.
Finally, enclosed you will find copies of the Southeast Regional
Counsel's report for the months of this reporting period.

Enclosures
cc:

Regional Director