UNITED STATES GOVERNMENT
MEMORANDUM

DATE:

April 16, 1996

TO:

Wallace Cheney, General Counsel
Bureau of prisons, Central Office
320 First Street, N.W.
washington, D.C. 20534

ATTN: Nancy P. Redding, Executive Assistant
FROM:

RE:

coun~sft?/~..

Sherree L. sturgis, Regional
Bureau of prisons, Southeast RegiO
523 McDonough Blvd., S.E.
Atlanta, GA 30315
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----

Second Quarter Report FY 96

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The following information is provided for the second Quarter uanuary, February, March)
1996.·

Litiaation
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NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER OF LITIGATION REPORTS
. NUMBER PENDING
NUMBER CLOSeD
NUMBER OF HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD

56
23
06
14
13

51-

·564

38

so

o
o

Significant Case Activity
Tlmothv L. Ruble. et al v. M.S. (Melvin) Jones. et ai, 1:93-CV-279B-JEC. This personal liability
case involves inmates at ATL in 1994 alleging that they were the subject of a force cell
move which resulted in injuries. They allege the injuries were the result of being
assaulted during the move. Same fact as Ruble v. King, FGAN, 93-1024, just new
defendant. Motion issued to consolidate with Ruble v. King, FGAN, 1:93-CV-1 024 JEC.
Timothy L. Ruble. et al v. Lieutenant King. et ai, FGAN, 1:93-CV-1024-JEC. This personal
liability case involves inmates at ATL in 1993 alleging that subsequent to a "force cell
move," they were beaten and assaulted. They also complain that they did not receive
immediate medical care for their injuries. On. January 10, 1996 an Order was issued
granting plaintiffs' motion for voluntary dismissal of the conSOlidated cases.

2883

UNITED STATES GOVERNMENT
MEMORANDUM

(
'.

DATE:

July 16, 1996

TO:

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

ATTN: Nancy P. Redding, Executive Assistant
FROM:

Sherree L. Sturgis, Regional Counsel
Bureau of Prisons, Southeast Region
523 McDonough Blvd., S.E.
Atlanta, GA 3031 5

RE:

Third Quarter Report FY 96

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The following information is provided for the third quarter (April, May, June) 1996.

Litigation
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER O.F LITIGATION REPORTS
NUMBER PENDING
NUMBER CLOSED
NUMBER OF HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

108
21

07
70
10
95
618
53
13
2
$3556.95
28

Significant Case Activity
Civil Matters
Ray Ransom v. U.S. et ai, 9:95-2506-6JC. This FTCA claim involves an EST inmate alleging that
books valued at $90.95 were misplaced. The AUSA directed that administrative claim be reopened in order for inmate to dismiss the suit.
Towns~md

V. Seanez. et ai, 95-50351 LAC. This case is the first MNA disturbance case to be
dismissed. Case was dismissed without prejudice for plaintiff's failure to provide copies of his
complaint so that service could be effected.

Channer V. Warga. at ai, 1 :93-CV-1425-RHH. On appeal to the 11 th Cir., the district court's
dismissal decision was vacated and remanded. The 11th Cir. held that the district court erred in
dismissing Channer's complaint and did not follow the required procedure to grant a summary
judgement .. The case centers on a pro se civil rights action against .several BOP mail room·
supervisors -- alleging that BOP staff improperly tampered with his legal mail.
Brown V. U.S., 2:95-1015-18. In this case the court directed a verdict in favor of the plaintiff in
the sum of $3,466.00. This claim centers on a traffic accident involving a BOP staff member

2873

· driving a government van, while transporting EST inmate. The physical damages to both vehicles
were minor. Specifically, the government vehicle collided with another vehicle causing a chrome
fender molding to be dislodged and a dent in the BOP vehicle's hub cap. No physical injuries to
drivers andlor passenger(s) were noted at the time of the accident.
More than 80 total civil cases have been filed in the Northern District of Florida against FCI,
Marianna staff challenging conditions of confinement at FCI, Marianna after the October, 195
disturbance. All of the cases contain nine pages of standard language. Many also contain specific
allegations relating to their individual circumstances. Motions to dismiss/summary judgments have
been filed in all of the cases and orders have been received to provide additional information in
more than 38 of the cases. A few have been dismissed sua sponte by the court because the
inmate failed to comply with instructions.

Crimina' MaUers
U.S. V. Maves. et al. 96-PT-0023-E. On May 30, 1996, after a three week trial and four days of
deliberation, a jury in the United States District Court for the Northern District of Alabama returned'
convictions against twelve inmates for their part.icipation in the October, 1995 disturbance at FCI,.
Talladega. Sixteen inmates had been indicted in March of this year in this case which is captioned.
Three of the defendants were acquitted. One inmate defendant plead guilty in the middle of the
trial. All of the convicted inmates were found guilty of willfully assisting to cause a riot. 18 U.S.C.
1792. Nine of the twelve were also convicted of other charges.
Seven .of the inmate defendants were found guilty of 18 U.S.C. 113(a, assaulting Correctional
Officer Steven Croft. One inmate was convicted of assault with a dangerous weapon, 18 U.S.C.
113(a), a wooden plank, for the assault of Officer Croft. Another inmate was convicted of assault
with a dangerous weapon, a metal baseball bat, for the assault on Correctional Officer Terry
Bullock.

" ..
~'

The jury determined that seven of the defendants possessed prohibited objects, 18 U.S.C. 1791,
specifically metal baseball bats, during the disturbance. Three defendants were convicted for
breaking windows, 18 U.S.C. 1361. Sentencing is scheduled for July 30, 1996.
U.S. v. Beavers, 96-N-0108-E. Twelve inmates were indicted on various charges including rioting,
destruction of government property and possession of prohibited objects. The charges against one
inmate were dismissed. Three pled guilty and testified against their codefendants in exchange for
recommendations by the U.S. Attorney for one year sentences. Six plead guilty without
cooperating in exchange for recommendations by the U.S. Attorney for sentences in the low end of
the guidelines. All sentences were recommended to be consecutive. Two defendants went to trial.
On July 11, the jury returned a conviction against one and acquitted the other. The acquittal was a
surprise to· the judge and U.S. Attorney.
TOG Staff Counsel Kathleen Kenney continued to assist as Special Assistant U.S. Attorney. A 'total
of twenty-six (26) inmates have been convicted of participating in the October, 1995 riot at FCI,
Talladega. No further prosecutions from this in9ident are anticipated.
U.S. v. Battle. 96-000. ATL inmate has been indicted for the murder of Correctional Officer
Of Antonio Washington on December 22, 1994. Mental Health evaluations have been completed.
Awaiting decision of the Attorney General on the recommendation of the U.S. Attorney to seek the
death penalty.
U.S. V. Addison. at al. 96-000. Four ATL employees involved in introduction of and intent to
distribute narcotics in October, 1995. Willis Williams plead guilty and was sentenced to 3 years.
DebQrah Woodley, found guilty of possession with intent, was sentenced to 60 days in a CC, 5
years probation, 200 hours community service and $50 assessment. Terry Williams and Carlton

2
2874

(

Addison were both convicted of offenses related to possession and introduction of cocaine and
marijuana.

***************
Federal Tort Claims Act/Employee Claims
NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
MEDICAL
WRONGFUL DEATH
PERSONAL INJURY AND
PERSONAL PROPERTY
NUMBER PAID
AMOUNT PAID
NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME
*************

184
160
21
1

o

2
23
$5839.00
99
190
13
26

FOIlPA
NUMBER RECEIVED
NUMBER CLOSED
NUMBER PENDING
TOTAL NUMBER OVERDUE
NUMBER OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS
**************
'.

88
110
25
17

o

1

".

Quarterly Comparison
TORT CLAIMS/EMPLOYEE CLAIMS
SER

NUM

PROP

PI

AMT

DEN

PEND

4627
3038
5839

71
73
99

141
184
190

APPR

1ST OTR 146 126 19 39
2ND OTR 191
172 16 35
3RD OTR 184 160 21
23
4TH OTR

00 AIO
10 246
03 19
13 68

A/P
25.00
0
26.0

LITIGATION
SER
1ST QTR
2ND QTR
3RC QTR
4TH QTR

NUM
46
56
108

HC FTC BIV OTH
15
23
21

10 17
06 14
07 70

04
13
10

ANS PEN CLD HIT SET AWD
40
51
95

546 57 03
564 38 0
618 53 13

2875

4

o
2

203120

0
3556.95

r

FOI/PA
NUM

SER
1ST OTR
2ND OTR
3RD OTR
4TH OTR

52
78
88

PROC
60
74
110

PEND
58
15
25

00

AIOD

15 10
9 10
17 10

AlP
30
30
30

CA
0
0
1

Sherree L. Sturgis. Regional Coynsel
April 30, through May 2, 1996. Travel to Louisville, Kentucky to participate in the National DHO
Training Seminar. The cost was $740.86.
May 6 through May 11, 1996. Travel to Tampa, Florida to provide training in the U.S. Attorney's
Office. The cost v:vas $887.88.
Van Vandivier. Deputy Regional Coynsel
April 30 through May 2, 1996. Travel to Louisville, Kentucky to participate in the National DHO
Training Seminar. The cost was $603.00.
Earl Cotton. Assistant Regional Counsel
June 3 through June 6, 1996. Travel to Baltimore, Maryland to participate in Managing Diversity
training. The cost was $721.50.
Gere Gooden. paralegal Specialist
May 19 through May 25, 1996. Travel to Washington, D.C. to provipe staff assistance in the FOIA
Section. The cost was $1696.19.
The total cost of travel during this reporting period was $4,649.43.

Other Activities
Miscellaneoys Activities
June 24 through June 27, 1996 - Training seminar in Atlanta, for SER legal staff and SCR legal
.staff.
personnel Moyes
Ken Hyle, SERO Attorney, has been selected as Attorney/Advisor at MeC, Chicago, Illinois. His
scheduled reporting date is August 19, 1996.
Craig Simmons, SERO Attorney, has been selected as Attorney/Advisor at FCI, Talladega, Alabama.
His scheduled reporting date is September 3, 1996.
Ajay Jindia reported for duty as the SERO's Summer Legal Intern on June 10, 1996.

cc:

Regional Director

('
2876

\.

UNITED STATES GOVERNMENT

memorandum
DATE:

January 17,1997

REPLY TO

ATTN OF:

SUBJECT:

TO:

( ..
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,

Sherree L. sturgis, Regional Counsel
Bureau of prisons, Southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 39315

Fourth Quarter Report FY 96

(7/1/96 through 9130/96)

Wallace cheney, General Counsel
.Bureau of prisons, Central Office
320 First street, N.W.
Washington, D.C. 20534

ATTN: Nancy P. Redding, Executive Assistant
The following information is provided for the fourth quarter uuly, August,
september) 1996.

Litigation
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FlCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER OF LITIGATION REPORTS
NUMBER PENDING
NUMBER CLOSED
NUMBER OF HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

(
2877

82
26

7
39
10
?

?
?
?

S ?OO
?

-2Significant case Actlvitv

(

Civil Mattftrl

Eederill Igrt claims A~tLEmglgHB Claimi
204
170
29
0
1

NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
MEDICA~

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

4
32
55090.00
115
,169
20
95

EOILI!A

83
68
0
0
0
?

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

C' -

gUlrtl[l~ Camaarisan

TORT CLAIMS/EMPLOYEE CLAIMS
SER

NUM

PROP

PI

APPR

AMT

DEN

PEND

OD

Ala

AlP

1ST OTR

146

126

19

39

4627

71

141

10

246

25

2ND OTR

191

172

16

35

3038

73

184

3

19

0

3RD OTR

184

160

21

23

5839

99

190

13

68

26

4TH OTR

204

170

29

32

5090

115

169

20

2

95

LlTICATION
SER

NUM

HC

FTC

BIV

OTH

ANS

PEN

CLD

HIT

SET

AWD

1ST OTR

46

15

10

~7

04

40

546

57

3

4

203120.00

2ND OTR

56

23

6

14

13

51

564

38

0

0

0

3RD OTR

108

21

7

70

10

95

618

,53

13

2

3556.95

4TH OTR

82

26

7

39

10

?

?

?

?

?

(

2878

UNITED STATES GOVERNMENT

memorandum
DATE: June 4,1997

REPLY TO
AnN OF:

SUBJECT:

TO:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, Southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 30315
First Quarter Report FY 97 (10/1/96 through 12/31/96)
Wallace cheney, General Counsel
Bureau of prisons, Central Office
320 First street, N.W.
washington, D.C. 20534

ATTN: Nancy P. Redding, Executive Assistant
The following Information is provided for the first Quarter (October,
November, December) 1996.

Litigation
NUMBER OF ACTIONS FILED
HABEAS CORPUS ACTIONS
FTCA ACTIONS
BIVENS ACTIONS
OTHER (Mandamus, etc)
NUMBER OF LITIGATION REPORTS
,:NUMBER PENDING
. NUMBER CLOSED
NUMBER OF HEARINGSfTRIALS
NUMBER OF SETILEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

36
11
5
10
10
36
699
37

$ .00
?

significant case Activitv
Civil Matters
Federal Tort Claims Act/Employee Claims
NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
MEDICAL
WRONGFUL DEATH
PERSONAL INJURY AND
PERSONAL PROPERTY
NUMBER PAID
AMOUNT PAID
NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

159
132
22

1

o
4
44
$3287.00
91
169
20
79

-2-

FOIIPA

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

86
123
1
1

o
?

ouarterly Comparison
TORT CLAIMS/EMPLOYEE CLAIMS
SER

NUM

PROP

PI

APPR

AMT

DEN

PEND

OD

AlO

AlP

1ST OTR

159

32

22

44

3287

91

169

20

35

79

2ND OTR
3RD OTR
4TH OTR

L1TICATION
SER

NUM

HC

FTC

BIV

OTH

ANS

PEN

CLD

1ST OTR

36

11

5

10

10

36

699

37

2ND OTR
3RD OTR
4TH OTR

FOI/PA
SER

NUM

PROC

PEND

OD

AlOD

AlP

CA

1ST OTR

86

123

1

1

2

30

?

2ND OTR
3RD OTR
4TH OTR

H/T

SET

AWD