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
Second Quarter Report FY 97

(1/1 /97 through 3131/97)

Wallace cheney, General Counsel
Bureau of Prisons, Central Office
320 First street, NW.
washington, D.C. 20534

ATTN: Nancy P. Redding, Executive Assistant
The following information is provided for the second quarter (Jan ., Feb.,
Mar.l1997.

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 HEARINGSITRIALS
NUMBER OF SETILEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

67
31
7
16
12
60
722

44
7
7
5 7.00
7

Significant Case Activity
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

115
97

15

o
o
2

28
53363.00
119

98
07
43

-2-

FOIIPA
87
71
17
17
2

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

?

ouarterly comparison
TORT CLAIMS/EMPLOYEE CLAIMS
SER

NUM

PROP

PI

APPR

AMT

DEN

PEND

aD

Ala

AlP

1ST OTR

159

32

22

44

3287

91

169

20

35

79

2ND OTR

115

97

15

28

3363

119

98

7

104

43

3RD OTR
4TH OTR

LlTICATION
SER

NUM

HC

FTC

SIV

OTH

ANS

PEN

CLD

1ST OTR

36

11

5

10

10

36

699

37

2ND OTR

67

31

7

16

12

60

722

44

3RD OTR
4TH OTR

FOI/PA
SER

NUM

PROC

PEND

OD

AlOD

AlP

CA

1ST OTR

86

123

01

01

02

30

?

2ND OTR

87

71

17

17

02

30

?

3RD OTR
4TH OTR

H/T

SET

AWD

UNITED STATES GOVERNMENT

memorandum
DATE: October 3,1997

REPLY TO
ATTN OF:

SUBJECT:

TO:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, Southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 30315

Third Quarter Report FY 97

(4/1/97 - 6130/97)

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 third Quarter (APR, MAY, JUN)
1997.

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 HEARINGS/TRIALS
NUMBER OF SETILEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

43
23

4
10

6
30

726
39

?
?

S ?OO
?

Significant Case Activity
Civil Matters

ROMERO, et ale v UNITED STATES; 95~10151MMP - ~O?7HERN
DISTRICT OF FLORIDA - this is a voluminous case
involving approximately seventeen (17) inmates who
allegedly sustained serious injuries due to a B~~eau 0:

Prisons bus accident in April, 1993. The case is
moving forward with an anticipated trial date of
sometime in October, 1997. We are working on
strategies to minimize the damages the plaintiffs win
at trial.
DAVID GREENBERG v. DENNIS JOHNSON, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-30639/RV; Type of Case: Personal
Liability;
Damages Req: $2,000,000
Subj ect: MEDICAL TREATMENT, WORK
Institution: FPC, EGLIN
Facts Alleged: Inmate in 1994 alleges he was ordered to
discontinue his cardiovascular exercises and ordered to
wear boots in violation of doctors orders.
He was
prohibited from work in Food Service. These
restrictions prevented him from participation in his
Jewish religion.
Significant Activity: 06-10-97 Order adopts
magistrate's report, grants summary judgement,
dismisses action.
05-08-1997 Magistrate's report finds
the inmate failed to allege facts sufficient to
constitution cruel and unusual punishment. The inmate
also failed to show that the denial of kosher foods for
two weeks substantially burdened the exercise of his
religion".
Nor did an order to remove trash from tables
on the Sabbath on one occasion constitute a substantial
burden.
DONACIANO CANATE TEJEDOR, at al v. UNITED STATES OF
AMERICA
Court: DISTRICT OF PUERTO RICO
Docket No.: 96-2655(SEC)i Type of Case: FTCAi Damages
Req: $18,000
Subject: PROPERTY
Institution: MOC, GUAYNABO
Facts Alleged: Plainti~fs contend that during :n.processing, two gold Rolex Presidential wrist ~d:~hes
were taken from them, and that they were not ~a::ej :c
their family home in Columbia as they were tc:~: : :--..:-:.,'
would be.
Significant Activity: 06-24-97 Order dismisses ~dse
because it falls within FTCA exception for p~:r0~~!'
detained by law enforcement officials.
Criminal Referrals

DEFENDANTS: 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
Institution: ATL
Date of Offense: 12/21/94
Description:
Inmate charged with homicide Officer
D'Antonio Washington.
Special Monitoring: Assigned due to death of staff
member.
Status of Referral: Accepted.
Update: Motion For New trial and Sentencing Hearing
and Correction Or Reductiop of Sentence filed on April
3, 1997
Assigned to: AUSA: Bill McKinnon, Jan Jenkins, FBI:
Tyrone Smith, USP: Terry Collins, Angie Wiesman
DEFENDANTS: Johnnie Carter, Thomas Stevens
Institution Tracking No.: ATL-96-0273
Name of Case: u.S. v. Carter et al.,
Court: FGAN (Judge Tidwell)
Docket No.: 1:97-CR-257
Institution: ATL
'Date of Offense: 11/96
Description; Staff involved in introducing bringing
drugs into institution.
Special Monitoring: Yes, defendants are ATL staff.
Status of Referral: Accepted.
Update: Carter and Stevens were indicted on 6/10/97 on
Traffic in Contraband Articles, and Conspiracy to
Distribute a controlled substance. Arraignment held on
6/18/97.
Pleas of Not Guilty entered.
DEFENDANTS: Desmond Lawrence #83529-022
Institution Tracking No.: ATL-96-0243
Name of Case: u.S. v. Lawrence
Court: FGAN
Docket No. 1:96-CR-424
Institution: ATL
Date of Offense:
9/12/96
Description:
Inmate assaulted Judi Parks,
Robert Willis and Melvin Adams.
Special Monitoring: Not assigned.
Status of Referral: Accepted.
Update:
Status hearing held on May 7, 1997.
P~etrial
status set for May 29, 1997. AUSA has requestej :hat
no further action be taken in disciplinary process.
Assigned to: AUSA: Katherine Monahan FBI: Tyrone Smith
USP: Terry Collins

Federal Tort Claims Act/Employee Claims

127
99
26
0
1

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

1
22
$3981.00
82
87
0
20

FOI/PA

87
71
17
17
2
1

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

115

97

15

28

3363

119

98

7

104

43

3RD OTR

127

99

26

22

3081

82

87

0

20

4TH OTR

LlTICATION
SER

NUM

HC

FTC

BIV

OTH

ANS

PEN

CLD

1ST OTR

36

11

5

10

10

36

699

37

2ND OTR

67

31

7

16

12

60

722

44

3RD OTR

43

23

4

10

6

30

726

39

4TH OTR

H/T

SET

AWD

UNITED STATES GOVERNMENT

memorandum
DATE: October 3,1997
REPLY TO
AnN OF:

SUBJECT:
TO:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, southeast Region
523 McDonough Blvd., S.E.
Atlanta, GA 30315

Third Quarter Report FY 97
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 third Quarter (APR, MAY, JUN)
1997.

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 HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

43
23
4
10
6
30
726

39
?
?
S ?OO
?

significant Case Activity

Civil Matters

ROMERO, et al. v UNITED STATES; 95-10151MMP - NORTHERN
DISTRICT OF FLORIDA - this is a voluminous case
involving approximately seventeen (17) inmates who
allegedly sustained serious injuries due to a Bureau of
Prisons bus accident in April, 1993. The case is
moving forward with an anticipated trial date of
sometime in October, 1997. We are working on
strategies to minimize the damages the plaintiffs win
at trial.
DAVID GREENBERG v. DENNIS JOHNSON, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 93-30639/RV; Type of Case: Personal
Liability;
Damages Req: $2,000,000
Subj ect: MEDICAL TREATMENT, WORK
Institution: FPC, EGLIN
Facts Alleged: Inmate in 1994 alleges he was ordered to
discontinue his cardiovascular exercises and ordered to
wear boots in violation of doctors orders.
He was
prohibited from work in Food Servic~.
These
restrictions prevented him from participation in his
Jewish religion.
Significant Activity: 06-10-97 Order adopts
magistrate's report, grants summary judgement,
dismisses action.
05-08-1997 Magistrate's report finds
the inmate failed to allege facts sufficient to
constitution cruel and unusual punishment.
The inmate
also failed to show that the denial of kosher foods for
two weeks substantially burdened the exercise of his
religion.
Nor did an order to remove trash from tables
on the Sabbath on one occasion constitute a subs:Q~tial
burden.
DONACIANO CANATE TEJEDOR, et al v. UNITED STATES OF
AMERICA
Court: DISTRICT OF PUERTO RICO
Docket No.: 96-2655 (SEC); Type of Case: FTCA; :,j.7:.J .ies
Req: $18,000
Subject: PROPERTY
Institution: MOC, GUAYNABO
Facts Alleged: Plaintiffs contend that during
in-processing, two gold Rolex Presidential wr:s·
watches were taken from them, and that they we~e
mailed to their family home in Columbia as the\' ',,'.: e
told they would be.
Signifi can t Acti vi ty: 06-24 - 97 Order di smi sses ::: ,_ ..

because it falls within FTCA exception for property
detained by law enforcement officials.
Criminal Referrals

DEFENDANTS: 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
Institution: ATL
Date of Offense:
12/21/94
Description:
Inmate charged with homicide Officer
D'Antonio Washington.
Special Monitoring: Assigned due to death of staff
member.
Status of Referral: Accepted.
Update: Motion For New trial and Sentencing Hearing
and Correction Or Reduction of Sentence filed on April
3, 1997
Assigned to: AUSA: Bill McKinnon, Jan Jenkins, FBI:
Tyrone Smith, USP: Terry Collins, Angie Wiesman
DEFENDANTS: Johnnie Carter, Thomas Stevens
Institution Tracking No.: ATL-96-0273
Name of Case: U.S. v. Carter et al.,
Court: FGAN (Judge Tidwell)
Docket No.: 1:97-CR-257
Institution: ATL
Date of Offense: 11/96
Description: Staff involved in introducing bringing
drugs into institution.
Special Monitoring: Yes, defendants are ATL staff.
Status of Referral: Accepted.
Update: Carter and Stevens were indicted on 6/:0 1 97 on
Traffic in Contraband Articles, and Conspiracy::
Distribute a controlled substance. Arraignment held on
6/18/9~.
Pleas of Not Guilty entered.
DEFENDANTS: Desmond Lawrence #83529-022
Institution Tracking No.: ATL-96-0243
Name of Case: U.S. v. Lawrence
Court: FGAN
Docket No. 1:96-CR-424
Institution: ATL
Date of Offense:
9/12/96
Description:
Inmate assaulted Judi Parks,
Robert Willis and Melvin Adams.
Special Monitoring: Not assigned.

Status of Referral: Accepted.
Update:
Status hearing held on May 7, 1997.
Pretrial
status set for May 29, 1997. AUSA has requested that
no further action be taken in disciplinary process.
Assigned to: AUSA: Katherine Monahan FBI: Tyrone Smith
USP: Terry Collins
Federal Tort Claims Act/Employee Claims
NUMBER FilED
127
99
PERSONAL PROPERTY
26
PERSONAL INJURY
o
MEDICAL
1
WRONGFUL DEATH
PERSONAL INJURY AND
1
PERSONAL PROPERTY
22
NUMBER PAID
$3081.00
AMOUNT PAID
82
NUMBER DENIED
87
NUMBER PENDING
o
NUMBER OVERDUE
20
AVERAGE PROCESSING TIME

FOI/PA
87
71
17
17
2
1

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

ouarterly comparison

TORT CLAIMS/EMPLOYEE CLAIMS
SER
1ST OTR
2ND OTR
3RD OTR
4TH OTR

NUM
159
115
127

PROP
32
97
99

PI
22
15
26

APPR
44
28
22

AMT
3287
3363
3081

DEN
91
119
82

PEND
169
98
87

OD
20
7
0

AlO
35
104

--_.

AlP

I

79
43
20

!

L1TICATION

I SER

I NUM I HC I FTC I BIV

10TH

I ANS I PEN I ClD I HIT I SET I AWO

,
I

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

11
31
23

36
67
43

5
7
4

10
16
10

10
12
6

36
60
30

699
722
726

37
44
39

FOI/PA

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

NUM
86
87
61
87

PROC
123
71
69
83

PEND
01
17
02
04

OD
01
17
02
04

AlOD
02
02
02
02

AlP
30
30
30
~O

CA
?
?
1
?

other Activities
Miscellaneous Activities
Travel:
Sherree Sturgis - April 7 -11; New York City, New York to participate in Legal
Management review at MCC New York. Cost 51,376.12
Sherree sturgis - May 12 -15; Staff Assistance at MDC, Guaynabo, Puerto,
Rico.. Cost 51,155.32.
Sherree Sturgis - May 1 - 2; Staff Assistance at MCC, Miami, Florida. Cost
5464.92.
Sherree Sturgis - June 29 - July 3; EEO Trial in Jesup, Georgia. Cost 5490.00.
Van Vandivier - May 19 - 23; Training, washington, D.C., Tort Claim course for
Counsel. Cost 5951.51.
Earl Cotton - April 27 - May 9; Glynco, Georgia to attend trial of Cohen v.
United States. Cost 5488.97.
Mildred Perryman - April 27 - May 9; to Denver, Colorado to attend paralegal
training. Cost 51,366.47.
Marty Parker - APril 27 - May 9; to Denver, Colorado to attenf paralegal
training. Cost 51,313.95.
Personnel Moves
Ajay Gohil - selected as the summer intern for the Southeast Regional
Counsel's Office. Starting date: June 23,1997.

UNITED STATES GOVERNMENT

memorandum
DATE: October 21,1997
REPLY TO

ATTN OF:

SUBJECT:
TO:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, Southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 30315

Fourth Quarter Report FY 97
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 UU L, AUG, SEP)
1997.

Lltlaatlon
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
NUMBER OF CRIMINAL REFERRALS

46
29

5
8
4
43

726
39

o

1
$ 2,500.00
24

SER
1ST CTR

NUM
159

PROP
32

PI

APPR

AMT

DEN

PEND

00

AlO

AlP

22

44

3287

91

169

20

35

79

2NDCTR
3RD CTR
4TH CTR

115
127
122

97
99
102

15
26
20

28
22
13

3363

119

7

104

43

3081
2855

82
49

98
87

0

-

20

108

2

-

23

LITIGATION

SER
1ST CTR
2ND CTR
3RO CTR
4TH CTR

NUM
36
67
43
46

HC
11
31
23
29

FTC
5
7
4
5

BIV
10
16
10
8

OTH
10
12
6
4

ANS
36
60
30
43

PEN
699
722
726

CLD
37
44
39

HIT

SET

AWD

0

1

2,501.00

FOI/PA

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

NUM
86
87
61
87

PROC
123
71
69
83

PEND
01
17
02
06

00
01
17
02
04

AlOO
02
02
02
02

AlP
30
30
30
30

CA

?
?
1

?

other Activities
Miscellaneous Activities
Travel:
Sherree Sturgis -August 2 - 3; Tallahasse, Florida to discuss MIA bus accident
case with AUSA and plaintiffs' attorney. CQst 5494.12.
Van Vandivier - August 2 - 3; Tallahasse, Florida to discuss MIA bus accident
case with AUSA and plalnttlffs' attorney. cost 5558.00.
. Van Vandivier - August 6; Denver, Colorado; Resource staff for DHO Training ..

Cost $1066.S0.
Earl cotton - september 12 - 27; Alexandria, virginia to attend Leadership
Forum Training course. Cost $1526.33.

Personnel Moves
Djuana Ashford • selected as the secretary for correctional Services in the
SERO. Starting date: september 12,1997.
patriCia DeJuneas· Honors Attorney starting date S/3/97.
Jennifer Merkel- Honors Attorney starting date S/31/97.
cc:

Regional Director

UNITED STATES GOVERNMENT

memorandum
DATE: October 21, 1997

REPLY TO

ATTN OF:

SUBJECT:

TO:

Sherree L. sturgis, Regional Counsel
Bureau of prisons, Southeast Region
523 MCDonough Blvd., S.E.
Atlanta, GA 30315

Fourth Quarter Report FY 97

(7/1/97 - 9130/97)

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

ATTN: Nancy P. Redding, Executive Assistant
The following information is provided for the fourth Quarter UUL, AUG, SEP)
1997.

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 HEARINGSrrRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

46
29

5
8
4
43

726
39

o
1

S 2,500.00
24

significant Case Activity

Civil Matters
Criminal Referrals

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

122
102
20

o
o
o

13
$2855.00

49
108
2
23

FOI/PA
87
83

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

6
04
01

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

115

97

15

28

3363

119

98

7

104

43

3RD OTR

127

99

26

22

3081

82

87

o

20

4TH OTR

122

102

20

13

2855

49

108

2

23

LITIGATION
SER

NUM

HC

FTC

IIV

OTH

ANS

PEN

CLD

1ST OTR

36

11

5

10

10

36

699

37

2ND OTR

67

31

7

16

12

60

722

44

3RD OTR

43

23

4

10

6

30

726

39

4TH OTR

46

29

5

8

4

43

HIT

SET

AWD

o

1

2,501.00

FOI/PA
SER

NUM

PROC

PEND

OD

AlOD

AlP

CA

1ST OTR

86

123

01

01

02

30

?

2ND OTR

87

71

17

17

02

30

?

3RD OTR

61

69

02

02

02

30

1

4TH OTR

87

83

06

04

02

30

?

Other Activities
Miscellaneous Activities
Travel:
Sherree sturgis -August 2 - 3; Tallahasse, Florida to discuss MIA bus accident
case with AUSA and plaintiffs' attorney. Cost $494.12.
Van vandivier - August 2 - 3; Tallahasse, Florida to discuss MIA bus accident
case with AUSA and plainttlffs' attorney. Cost $558.00.
Van Vandivier - August 6; Denver, Colorado; Resource staff for DHO Training.
Cost $1066.80.
Earl Cotton - september 12 - 27; Alexandria, vIrginia to attend Leadership
Forum Training course. Cost $1526.33.
personnel Moves
Djuana Ashford - selected as the secretary for Correctional Services in the
SERO. starting date: september 12, 1997.
patricia DeJuneas - Honors Attorney starting date 8/3/97.
Jennifer Merkel - Honors Attorney starting date 8/31/97.
cc:

Regional Director

UNITED STATES GOVERMviENT

(

memorandum
DATE: February 24, 1998
REPLY TO
. AnN OF: Sherree L. Sturgis, Regional Counsel
Bureau of Prisons, Southeast Region
523 McDonough Blvd., S.E.
Atlanta, GA 30315

SUBJECT:
TO:

First Quarter Report FY 98
Wallace Cheney, General Counsel
Bureau of Prisons, Central Office
320 First Street, N.W.
Washington, D.C. 20534

ATTN:

Nancy P. Redding, Executive Assistant

,,"

(

/119 7
The following information is provided for the first quarter (OCT, NOV, DEC) FY 1998.

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 HEARINGSffRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

54
31
5
13
5
46
@726
?
?
?

?
?

2563

SERO 1st Quarterly Report 1998
( P age2
.

Significant Case Activity
Civil Matten
Manuel Romero. et ai, v. U.S.,1 :95cvI51-MP (N.D.Fla.)("The Bus Case") A mediation meeting
was held in Tallahassee on November 20, 1997, with plaintiffs' counsel, the AUSA, BOP
counsel and a retained mediator. Agreement was reached as to proposed settlement figures for
seven of the seventeen claims. Since then, plaintiffs' counsel have proved unresponsive and
have failed to return any signed payment vouchers to date. They did advise the A USA that one
of the plaintiffs declined the proposed settlement. In the second mediation on January 21, 1998
we arrived at proposed settlements for all plaintiffs. A settlement memorandum is pending in
your office since January 26.
Jose Fernandez-Figueroa v. Franco. et al., Case No. 95-1791) (DRD)(D. Puerto Rico) .
(Appeal No. 97-2081)(lst Cir.) The solicitor general declined to authorize DOJ appeal of this
case. One of the defendants against whom the $1.00 judgment was entered has requested that
DOJ pay for private counsel to pursue the appeal. We have recommended this and a decision is
pending. The Rule 60 Motion for Relief from Judgment is still before the district court.
Teddy Leon Ayala v. United States of America, 97-2554 (RLA). Habeas Corpus Petition filed
pursuant to 18 U.S.C. § 2241. Petitioner claims that denial of his placement in Hogar Crea
. (Halfway House) was not warranted and that he should be transferred immediately. The Unit
Team had explained to petitioner that the Director of the Hogar Crea Halfway House had
informed his Case Manager of several calls threatening his life and that of his co-defendant. As a
result, the Community Programs Manager (CPM) in Miami, Florida canceled halfway house
placement until further notice.
Rosado-Rosario. Jaime v. Garcia. 97-049 (JAF); 96-023 (PG). Habeas Corpus Petition
requesting that petitioner be released from highly restrictive confinement (administrative
detention). Petitioner (who at the time was potentially a death penalty case) claimed that his due
process rights under the Fifth Amendment had been violated and that he was subjected to cruel
and unusual punishment in violation of the Eighth Amendment. Petitioner claimed that he had
no meaningful access to his attorneys as a result of his placement in AD. On December 18.
1997, the court entered an Opinion and Order deferring to the judgment of the prison officials in
regards to his placement in AD, however, ordering the Bureau to grant access to counsel equal to
that of inmates held in general population.

2564

(.

SERO 1st Quarterly Report 1998
Page 3

".

Criminal Referrals
, DEFENDANT(S): ELLIOT, Ronald, Reg. No. 03238-018
Institution: FCC Coleman -Medium
Date of Offense: 7/29/97
Type of Case: Criminal Prosecution
Description: On July 29, 1997, the FBI contacted SIS staff and indicated that they had received word
through one of their confidential informants that inmate Elliot may be planning an escape by landing
an aircraft on the FCC Coleman -Medium compound. According to SIS, inmate Elliot had
previously been involved in planning a helicopter escape at TAL.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Referred on 7/29/97. FBI investigation pending.
Update: FBI investigation continues. No new information since 11197 report.
Assigned to: AUSA: N/A
DEFENDANT(S): Bridgette Bradford, Reg. No. 86495-012
MonthlYear: November 7, 1997
Institution: MDC Guaynabo
Staff Reporting: SIA Efrain Rivera
Date of Offense: November 7, 1997
Description: On November 7, 1997, as a staff member (Warden Garcia) was making his rounds in
the holding cell block in Unit 3C, a Correctional Officer opened the door in the cell block and inmate
Bradford quickly pursued the Warden and struck him with an object that was inside a sock. She
struck staff three times before being restrained by the Officer.
Status of Referral: Pending.
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
Institution: A Tt
Date of Offense: 12/21/94
Type of Case: Criminal Prosecution
Description: Inmate murdered Officer D'Antonio Washington.
Special Monitoring: Assigned due to death of staff member.
Status of Referral: Accepted.
Update: Motion For New trial denied on September 11, 1997.
.
Assigned to AUSA: Bill McKinnon

(
2565

(

SERO 1st Quarterly Report 1998
Page 4

"

DEFENDANTS(S): Steven Beamer
Institution Tracking No.: None
Name of Case: U. S. v. Beamer
Court: FGAN
Docket No.: 1:97-CR-342
Institution: ATL
Date of Offense: From 5/30/96 to 10/16/96 and 10/16/96.
Type of Case: Criminal Prosecution
Description: Mr. Beamer is charged with 2 counts o~ -Causing a person to engage in a sexual act
by using force & threats.
Special Monitoring: Yes; case made local news for two days.
Status of Referral: Accepted.
Update: Defendant was arraigned on 1/29/97.
Assigned to AUSA: Janice Jenkins
Federal Tort Claims ActlEmployee 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 .

128
104
24

o
o
o

15
$1,703.00
58
120
3
27

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

66
44
22
03
01
0

2566

SERO 1st Quarterly Report 1998
(

Page 5

Quarterly Comparison

TORT CLAIMSIEMPLOYEE CLAIMS
SER

NUM PROP PI

APPR AMT DEN

PEND OD AlO

AlP

1ST OTR

128 . 104

15

120

27

24

1703 58

3

98

2ND OTR
3RDOTR
4TH OTR
LITIGATION

(~

SER

NU
M

H
C

FT
C

BI
V

OT
H

ANS

PEN

CL
D

HI
T

SE
T

AWD

1ST
QTR

54

31

5

13

5

46

?

?

?

?

?

2ND
QTR
3RD

QTR
4TH
QTR

(
2567

(.

SERO 1st Quarterly Report 1998
Page 6
FOIIPA
SER

NU
M

PRO
C

PEN
D

OD

1ST
QTR

66

110

22

3

AlO
D

AlP

CA

27

0

2ND
QTR
3RD
QTR
4TH
QTR

Other Activities
Miscellaneous Activities
"

10-201-16-98 Law School Intern Rodd Walton's last day (Graduates 2-6)
2-3 Sturgis out for Jury Duty
2-17 to 2-20 SERO Annual Refresher Training
5-1-98 Anticipated date for move to commercial office space
Personnel Moves
Departures: Jennifer Merkle, from SERO to USP ATL (10112/97)
New Staff: Ann Witherspoon, Secretary, SERO (12/7/97)

Sturgis
10-20 to 10-23-97 New Attorney Training/OGC Meeting
10-24 to 11-6-97 l\nnua\ Leave
11-21-97 Mediation, MIA Bus Accident Case, Tallahassee
4-14 to 4-17 Substitute for Dave Essig at GL Y

2568

SERO 1st Quarterly Report 1998
Page 7

(

Vandivier
11-21-97 Mediation, MIA Bus Accident Case, Tallahassee
12-1 to 12-10-97 DHO training, MSTC
Gooden
1-19-98 to 1-22-98 DC for FOIIPA course at LEI
Dejuneas
10-20 to 10-24-97 New Attorney Training
11-3 to 11-21 GLYNCO
Parker & Perryman
12-1 to 12-13 Paralegal Training MSTC

(

..

"

I\
I.

2569