UNITED STATES GOVERm1ENT

memorandum
DATE:

April 21, 1998

REPLY TO

ATIN OF:

Sherree L. Sturgis, Regional Counsel
Bureau of Prisons, Southeast Region
523 McDonough Blvd., S.E.
Atlanta, GA 30315

SUBJECT:

Second Quarter Report FY 98 Uanuarv·1, 1998 through March 31,1998)

TO:

W~llace

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 second quarter (Jan, Feb, Mar) FY 1998.

(O"

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 HEARlNGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

36

20
2
12
2
14
94

$

2570

(.

SER Quarterly Report
April 21, 1998
Page 2

Significant Case Activity
Civil Matters
1.

FRESON v. U.S. & ANTHONY RICHARDSON,
97-1373-CIV-GRAHAM - Southern District of Florida

A deposition of the plaintiffwas taken on February 5, 1998. In this FTCAIBivens case
the plaintiff, a private mail courier by the name ofRiclJ,ard Freson, was being escorted off
institution grounds. as he was being verbally abusive of staff and was generally disruptive in FCI,
Miami's front lobby. Lt. Anthony Richardson, Bivens defendant, was the escorting staff
member. While escorting Freson verbal insults were exchanged between the two men. This
situation was escalated when Freson, by several staff witnesses accounts, attempted to punch Lt.
Richardson. Lt Richardson evaded the punches of Freson and returned one punch to Freson's
face. Freson fell striking the U. S. Flag pole. Freson's injuries included a contusion and
laceration in the middle of his forehead. Freson claims 1st, 4th and 5th Amendment violations,
as well as common law torts.
2.

PORTO v. UNITED STATES,
96-8337-CIV-HVRLEY - So.uthern District of Florida

On February 23 through February 26, 1998, the depositions of three (3) Doctors and the
Plaintiff were taken. In this FTC A case the plaintiff alleges negligent diagnosis and treatment of
a toe lesion, while he was incarcerated at FCI, Jesup, resulting in the amputation of his leg
(below the knee).
3.

Johnson v. Moore
Case No. CV297-33 (S.D. Ga.)

This case was tried on April 9, 1998. This was Bivens case where the plaintiff alleges
that a Correctional Officer forced him to clean a bathroom which was beyond his capabilities and
in violation of his medical restriction. This was a bench trial. The judge returned a vcrdict for
the defendant. Patty DeJuneas traveled to Brunswick, Georgia, to provide trial assistance.
4.

1

Gelis v. Wooten. et al.
Case No. CV297-23 (S.D. Ga.)

This case had been set for trial April 20, 1998. This is a Bivens case wherc the plaintiff
alleges there was a conspiracy to deny him hip replacement surgery and rehabilitative physical
therapy. The District Court has taken this case offthe docket pending resolution of the
interlocutory appeal on qualified immunity.

(
2571

C-

SER Quarterly Report
April 21, 1998
Page 3
5.

Sulayman v.Reno
Case No. CV297-118 (S.D.Ga.)

This is the Jesup EEO case filed by a doctor claiming he was discriminated against
because he had befriended a contract worker who had filed an EEO sexual harassment claim.
This doctor had been removed as Chief Medical Officer and later transferred to Talladega as
a result of a focus review. He appears to be claiming this was a pretext for the discriminatory
motive. This case is a problem because two correctional health care administrators at Jesup had
participated in sexually harassing actions with other (not Dr .. Sulayman) health service staff.
Sulayman seeks to make his own case by bringing out the facts of these other situations and
Judge Alaimo has allowed in spite of our objections. Unfortunately, Judge Alaimo has extended
discovery for the plaintiff for the third time. We believe he will want to depose Dr. Moritsugu
and Regional Direct?r Matthews, among others.
6.

c.

Byrd v. Hasty
Case Numbers: 3:96-CV-289-LAC/SMN (Northern District of Florida); 97-2129
(Eleventh Circuit Court of Appeals)
This case is a habeas corpus action in which the inmate challenges the refusal of the
Bureau to allow him to participate in the DAP because his current offense was found to be a
crime of violence by reason of a two-point enhancement at sentencing for possession of a
firearm .. Oral argument in the Eleventh Circuit was scheduled for 4-16. Sherree and Van went to
obseve the argument. All were surprised when the inmate's counsel failed to appear. The court
will decide the case based on briefs. The inmate's counsel has written a letter indicating he had
miscalendared the date of the oral argument and profusely apologizing to the court and all who
were inconvenienced.
Wirth v. Federal bureau of Prisons. et al.
Case Number 98-A-2008-N (Middle District of Alabama)
This is a Bivens case with 22 named individual defendants. The defendants inch.lde
several high-ranking employees who are in different locations. At least three of the defendants
have retired. In the lengthy complaint, the Plaintiff alleges, among other things, a conspiracy to
retaliate for exercise of First Amendment Rights, a deprivation of due process in an inmate
discipline hearing, denial of a year off under 18 U.S.C. 3621, submission of false information to
the court, transfer to impede his access to counsel and improper assignment of a management
variable. He seeks unspecified compensatory and punitive money damages.
7.

(
2572

(

SER Quarterly Report
. April 21, 1998
Page 4
Criminal Referrals
DEFENDANT(S): SCHREIBER, Harry, Reg. No. 40454-004
Institution: FCC Coleman -Low
Date of Offense: Various
type of Case: Potential Criminal Prosecution
Description: A review of telephone monitoring tapes has indicated that inmate Schreiber may be
participating in the management of a Health Maintenance Organization through which he may be
attempting to commit fraud. Inmate's Schreiber's current offense involves bankruptcy fraud,
wire fraud, and concealment of assets, and a specific condition of his Judgment and Commitment
Order directs that he is not to become involved in management of an HMO.
Status of Referral: Referred to local FBI on 01/13/98. Local FBI have referred further
investigation to the FBI in C.D. Ca., and the U.S. Attorney's Office in W.D. Tex., which
originally investigated and prosecuted inmate Schreiber's current offense.

C"
"

DEFENDANT: William Raymond Hock
Institution: FCI, Tallahassee
Case Name: U.S.A. vs. William Raymond Hock, Case No. 4:97cr75-RH
Description: Sexual abuse of inmate by staff member. Trial begins on Monday, March 16 in
Tallahassee. The officer is charged with violating 18 U.S.C. §2243(b). While the Office of
Inspector General is handling the lead on the case, Warden Greer has indicated he wants Dan
Rouse to attend to assist with the interests of the institution. Thirteen (13) staff members have
been subpoenaed by the defense.
,Federal Tort Claims ActlEmployee Claims

NUMBER FILED
PERSONAL PROPERTY
PERSONAL INJURY
MEDICAL
WRONGFUL DEATH
PERSONAL INJURY AND
PERSONAL PRO PERT
NUMBER PAID
AMOUNT PAID
NUMBER DENIED
NUMBER PENDING
NUMBER OVERDUE
AVERAGE PROCESSING TIME

149
116
036

o
o
2
019
$7029
75
103

o

36

2573

SER Quarterly Report
Apri121, 1998
Page 5

(

FOIIPA

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

51
44
30
04
04
0

Quarterly Comparison
TORT CLAIMSIEMPLOYEE CLAIMS

.'.

(
'~" -'

SER

NUM

PROP

PI

APPR

AMT

DEN

PEND

OD

AlO

AlP

1ST OTR

128

104

24

15

1703

58

120

3

98

27

2NDOTR

149

116

30

19

7029

75

103

0

00

36

3RD OTR
4TH OTR

LITIGATION
NU

BIV

OTH

ANS

PEN

CLD

wr

SET

AWD

5

13

5

46

?

?

?

?

')

2

12

2

14

M

H
C

C

1ST
QTR

54

31

2ND
QTR

36

20

SER

IT

3RD
QTR

4TH
QTR

i

\

2574

94

SER Quarterly Report
April 21, 1998
Page 6

FOIlPA
SER

NUM

PROC

PEND

OD

AlOD

AlP

CA

1ST
QTR

66

110

22

3

1

27

0

2ND
QTR

51

044

30

4

1

23

0

3RD
QTR
4TH
QTR
Other Activities
Miscellaneous Activities

c

TravellLeave:
Sherree L. Sturgis
2-10-98 Spoke at Joint CLE conference for all US attorneys's offices in GA.
2-26-98, 3-26 Depositions in Sulayman EEO case (Brunswick)
,
4-14-1998 (meeting with City of Tallahassee officials about road realignment issues
4-26 to 30, 1998 MSTC (Sentencing Training)

, Van Vandivier
5-11 to 5-20 DHO Training MSTC

Earl Cotton
2-23 to 2-26 Depositions, Porto v. US, Ft. Lauderdale
Military Leave 4-27 to 5-18

Patty DeJuneas'
4-8 &. 9
Gere Gooden
I

1-20t022

Johnson v. Moore (Brunswick)
FOI Course

Personnel Moves
Beverly Snell, legal intern, reported for duty on March 2, t'998.
Trevius Wilson, office assistant, reported for duty March 1, 1998.

(

cc:

Regional 'Director

'"

2575

~TEDSTATESGOVERNMENT

memorandum

(
DATE:
REPLY TO
ATfN OF:

SUBJECT:
TO:

July 20, 1998
Sherree L. Sturgis, Regional Counsel
Bureau of Prisons, Southeast Region
523 McDonough Blvd., S.E.
Atlanta, GA 30315

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

Amy Whalen Risley, Executive Assistant

The following infonnation is provided for the second quarter (Apr, May, Jun) 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 HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF AWARD
NUMBER OF CRIMINAL REFERRALS

40

22
4
12
2
10

542
23

$

('
\

2576

(

SER Quarterly Report
July 20, 1998
Page 2
Significant Case Activity
Civil Matters
1.

Johnson v. Moore
Case No. CV297-33 (S.D. Ga.)

This case was tried on April 9, 1998. This was Bivens case where the plaintiff alleges that a
Correctional Officer forced him to clean a bathroom which was beyond his capabilities and in violation
of his medical restriction. This was a bench trial. The judge returned a verdict for the defendant. Patty
DeJuneas traveled to Brunswick, Georgia, to provide trial assistance.
3.

(

\.

Byrd y. Hasty
Case Numbers: 3:96-CV-289-LAC/SMN (Northern District of Florida); 97-2129 (Eleventh
Circuit Court of Appeals)

This case is a habeas corpus action in which the inmate challenges the refusal of the Bureau to
allow him to participate in the DAP because his current offense was found to be a crime of violence by
reason of a two-point enhancement at sentencing for possession of a firearm. Oral argument in the
Eleventh Circuit was scheduled for 4-16. Sherree and Van went to observe the argument. All were
surprised when the inmate's counsel failed to appear. The court will decide the case based on briefs.
The inmate's counsel has written a letter indicating he had miscalendared the date of the oral argument
and profusely apologizing to the court and all who were inconvenienced.
4.

Wirth v. Federal Bureau of Prisons. et al.
Case Number 98-A-2008-N (M.D. Ala.)

This is a Bivens case with 22 named individual defendants. The defendants include several highranking employees who are in different locations. At least three of the defendants have retired. In the
lengthy complaint, the Plaintiff alleges, among other things, a conspiracy to retaliate for exercise of First
Amendment Rights, a deprivation of due process in an inmate discipline hearing, denial of a year ofT
under 18 U.S.c. 3621, submission offalse information to the court, transfer to impede his access to
counsel and improper assignment of a management variable. He seeks unspecified compensatory and
punitive money damages. This is also the case where TOG Attorney Craig Simmons is accused of
falsifying documents because of an error he made in a declaration in a previous case.

('
2577

SER Quarterly Report
. July 20, 1998
Page 3

(

5.

Alexander v. Hawk. et al.
Case Number 96-276-CIV-OC-IO (M.D.Fla.)
Appeal Number 96-3752 (11 th Circuit)

This case began as a challenge to the implementation of the Ensign Amendment. The District
Court dismissed the case, sua sponte and before service of process, on the ground that the PLRA requires
exhaustion of adm,inistrative remedies. The inmate appealed. The Eleventh Circuit appointed counsel.
Both counsel and the inmate requested that counsel be allowed to withdraw. This was denied. The DO]
Appellate Section has taken an interest in this case. Peter Maier is handling it. Consolidation with
Michael Henry Smith v. BOP, App. No. 97-6663, was requested but this was denied. The SG has
approved participation by the U.S. as amicus, and a motion requesting to file an amicus brief has been
submitted to the 11 th Circuit.
6.

Kiserv. Hawk, No. 97-195-Civ-Oc-l0B, FFLM

In this case, COL inmate Stanley Kiser (1 6395-004)challenged the BOP's decision to deny him
eligibility for a reduction in sentence for successful completion of the residential DAP program. We had
denied his eligibility after he completed the institution portion ofthe program at TAL. The basis for our
denial was that he is an old law inmate to whom the DAP early release provisions do not apply. The
court ruled in our favor on 4-30-98.

..'

(

7.

U.S. Ex reI. Jeffery Slavkovsky v. Susan Kirk and William Buchannann
Case No. CV298-] 00 (S.D. Ga.) (FILED UNDER SEAL)

This is new case, a Oui Tam civil complaint filed under the False Claims Act by a former PHS
dentist who was assigned at FCI Jesup. He alleges that a contract Pharmacy Assistant fraudulently billed
the institution for services she had not rendered with the full knowledge and cooperation ofthe Health
Systems Administrator. The U.S. Attorney's Office has requested that we advise them of BOP's
perspectives regarding whether there is merit to the relator's allegations and whether the United States
should, therefore, intervene and pursue the action.
8. Figueroa v. Franco. et al.
Case No. 95-1791 (D. Puerto Rico)
We are very pleased to advise that the district court has vacated its previous judgment for $1.00
against the individual defendants and dismissed this case with prejudice. This is the Bivens action from
Puerto Rico where the court had found that two defendants violated the right of the inmate to receive a
copy of the DHO report in a timely manner, and awarded $1.00 damages against the defendants on
summary judgment. Pursuant to a Rule 60(b)(6) motion, the court reconsidered and vacated its previous
order.

9.

(

United States v. Jaime Rosado Rosario Crim. No. 97-049 (JAF), D.P.R.
On April 24, 1998, the Honorable Jose A. Fuste convened a meeting among defense counsels
(approximately 7), AUSAs and GUA Attorney Alma Lopez to discuss the need for additional
records in the above referenced case. Defense counsel as well as the AUSA had made
voluminous requests for records (entries of visits in Legal and Social Visitors logbooks) dating

2578

SER Quarterly Report
("

July 20, 1998
Page 4
back to 1996 through the present. There were some discrepancies in the records submitted
pursuant to the Government's requests and the defense counsels. All information responsive to
the requests had been provided, but some pieces of data addressed more than one request. Cross
referencing was not always included. MDC was constrained from discussing defense counsel's
request with AUSAs because the Court had specifically instructed MDC that this information
was not to be discussed with US Attorney's Office. Judge Fuste ordered production of
unredacted copies of the logbooks. It was explained to the judge that this production would
compromise the privacy rights of the other inmates whose names appeared in the pages that
would satisfy the request. The judge indicated that in order to safeguard those inmates' privacy
rights, only two copies of the records would be made (one of AUSAs and the other for the
defense counsels). These records could not be reproduced by counsel and upon completion of
the trial, these copies as well as the copies given to the jury would be returned to the court for
their destruction.
11.

C"
.
~,

...

Sulayman v. Reno
Case No. CV297-118 (S.D. Ga.}

This is the Jesup EEO case filed by a doctor claiming he was discriminated against because he
had befriended a contract worker who had filed an EEO sexual harassment claim. This doctor" had been
removed as Chief Medical Officer and later transferred to Talladega as a result of a focus review. He
appears to be claiming this was a pretext for the discriminatory motive. This case is a problem because
two correctional health care administrators at Jesup had participated in sexually harassing actions with
other (not Dr. Sulayman) health service staff. Sulayman seeks to make his own case by bringing out the
" facts of these other situations and Judge Alaimo has allowed in spite of our objections. Unfortunately,
Judge Alaimo has extended discovery for the plaintiff for the third time.

Do RELIGIOUS CASES: No new cases.

Eo ENSIGN AMENDMENT CASES: No new cases.

Fo PLRA 1915 DISMISSALs: None
Go CRIMINAL CASES:
1.

U.S.A. "s. William Raymond Hock, 4:97cr75-RH, {N.D. Fla.}
This officer is charged with violating 18 USC §2243(b}, sexual abuse of an inmate, While the
Office oflnspector General is handling the lead on the case .. Thirteen (13) staff members ha\'c been
subpoenaed by the defense. Trial began on June 1 was recessed on June 4 to June 16. The recess was
necessary as Hock's attorney attempted to introduce physical evidence of which the governmcnt had no
prior knowledge, specifically. photographs of the defendant's penis which showed an alleged birthmark
"
which, according to his girlfriend's testimony, is very obvious. The inference to the jury is that the
inmates should have noticed this if the sexual acts occurred as alleged. Hock is scheduled to be examined
by a skin doctor to det~rmine if the "mark" is real, how lqng is may have been there, is it ob\ious. etc.
I

2579

(

SER Quarterly Report
July 20, 1998
Page 5

\

2. 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 TL
Date of Offense: 12/21194
Type of Case: Criminal Prosecution
Description: Inmate convicted of homicide Officer D'Antonio Washington.
""
Special Monitoring: Assigned to special monitoring
Status of Referral: Accepted.
Update: Convicted and sentenced to death, 1997. Appellate briefs filed by both prosecution and defense.
Housed in Alabama DOC facility. DOC would like for us to move him. Seeking to work out problems
with DOC and exploring other possible state placements.
Assigned to: AUSA Bill McKinnon, Jan Jenkins FBI: Tyrone Smith
3.

c·.

United States v. Jaime Rosado Rosario. Cr. No.: 97-049, D.P.R.
Institution: MDC Guaynabo
Date of Offense: November 22, 1996
Type of Case: Criminal Prosecution

Trial commenced on March 31, 1998. Defendants in this case are charged with arranging and
carrying out the murder of a federal witness from within the MOC. Although requested by the
prosecution, this case was not certified to carry the death penalty. Defense counsel and AUSAs have
subpoenaed several staff members (i.e. Health Services Administrator and his Assistant, SIA) to testify
about the possible ways in which different inmates could meet in the Health Services Unit or other places
and how the inmates could communicate with one another even ifnot in the same unit. This issue is very
relevant to the trial because some government witnesses were testifying to the fact that they had
overheard conversations among the defendants in the HSU and other places of the institution. Judge
Fuste had previously issued an order for all defense counsel to inspect and tour different areas of the
institution in which the meetings among the defendants allegedly took place. Other staff mcmbers were
also subpoenaed (i.e. ISM, Recreation Specialist) to authenticate records of movement of inmates to
court and to testify about the delivery of newspapers to the Unit. The delivery of newspapers was
important because defendants knew details of the murder that were only published in one nc\"'"spaper that
takes from two to three days to arrive at the institution because the inmates have individual subscriptions
to it and they are delivered by regular mail. The prosecution rested. Trial is expected to end Ma~ 4 or

5.
AUSA: John Teakell and Mike Fernandez
4.
FCI, Edgefield has started its Legal Services life early and with a bang by having a \\all-. away
from the work cadre.

(

5.
FCI, Yazoo has referred two relatively minor drug possession cases for prosecution on the th'-'Of) .
that we should begin with a strong statement. Both were accepted. A good start.

2580

Coo

SER Quarterly Report
July 20, 1998
Page 6
6. DEFENDANTS(S): David Shane Shelby #05374-081
Institution Tracking No.: ATL-7143
Name of Case: US v. David Shane Shelby
Court: NDGA
Docket No.: 1:98-CR-0020
Institution: A TL
Date of Offense: 7/23/97
Type of Case: Criminal Prosecution
Description: Inmate Shelby held Ms. D. Ross at knife point in the food service department.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: Inmate Shelby is scheduled to enter a guilty plea to Assault on a Correctional Officer on
7/20/98.
Assigned to: AUSA: Jan Jenki~s FBI: Daron Cheney

Federal Tort Claims ActlEmployee Claims

(....

-.

136

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

109
27

o
o

o
11
$1,724
73
100
2
19

FOIlPA
NUMBER RECEIVED
Nill\1BER CLOSED
NUMBER PENDING
TOTAL NUMBER OVERDUE
NUMBER OVERDUE 30 DAYS
NUMBER OF CIVIL ACTIONS

58
81
31

20
2

o

(,
2581

(_.

SER Quarterly Report
July 20, 1998
Page 7

".

Ouarterly Comparison

TORT CLAIMSIEMPLOYEE CLAIMS

SER

NUM. PROP

PI

APPR

AMT

DEN

1ST OTR

128

104

24

15

1703

58

2ND OTR

149

116

30

19

7029

IRD OTR

136

109

27

11

1724

4TH OTR

(
2582

PEND

OD

AlO

AlP

. 120

3

98

27

75

103

0

00

36

73

100

2

3

19

,'--

f\

SER Quarterly Report
July 20, 1998
Page 8

FOIlPA
PROC

PEND

OD

AlOD

AlP

CA

lSTQTR 66

110

22

3

1

27

0

51

044

30

4

23

0

58

081

31

2

24

0

SER
2ND

NUM

QTR
3RD

1

QTR

4m
QTR
, Other Activities

, Miscellaneous Activities

c.

Travel!Leave:
Sherree L. Sturgis
4-14-1998 (meeting with City of Tallahassee officials about road realignment issues)
4-26 to 30, 1998 MSTC (Sentencing Training)
Van Vandivier
Annual Leave 5-26 to 5/29 & 6/12
Earl Cotton

Military Leave 4-27 to 5-18
Patty DeJuneas
4-8&9

Johnson v. Moore (Brunswick)

GereGooden

Personnel Moves

cc:

Regional Director

(
2583

UNITED STATES GOVERNMENT

memorandum
DATE: October 6, 1998
REPLY TO
ATIN OF: Sherree L. Sturgis, Regional Counsel
Bureau of Prisons, Southeast Region
SUBJECT:
TO:

Fourth Quarter Report FY 98 (7/1/98 - 9/30/98)
Wallace Cheney, General Counsel
Bureau of Prisons
ATTN:

Amy Whalen Risley, Executive Assistant

The following information is provided for the fourth quarter (July, Aug, Sept.) 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 HEARINGSITRIALS
NUMBER OF SETTLEMENTS
AMOUNT OF A WARD
NUMBER OF CRIMINAL REFERRALS

49

26
2
18
3
10

661
155

See text below

2584

(

SER Quarterly Report
October 6, 1998
Page 2

\

Significant Case Activity
A. Civil MaUers
Pamela Ruth Chilt~n. et al. v. United States, 4:96-CV-2533 CDP (E.D. Missouri)
Trial was held in this case where the inmate committed suicide at FCI Jesup shortly after arrival
and his prescription for was changed from Xanax to Lorazepam. The court found that the
Government was negligent and awarded damages to the plaintiffs in the amount of$781,000.
This consisted of $725,000 lost earnings, $50,000 intangible value and $6,000 funeral expenses.
Salvador Ma~luta v. F. P. Sam Samples. et aI., App No. 97-8417 (11 th Cir.)
The defendants reply brief was submitted to the court, arguing that the district court's dismissal
of the plaintiffs Bivens action on the basis of the fugitive from justice doctrine was permissible
and should be upheld. Maria Simon, DOJ Appellate Attorney, prepared and filed the brief for the
defendants. We await the court's decision.
Renee Clark v. United States of America, 1:97cv404-D-D (S.D. Miss.) This is the case where the
female inmate was released 34 days late at TAL. She subsequently violated supervised release
and was returned to custody. The 34 days were credited against her supervised rel.ease violator
term. Largely because of this, we were able to settle this case for a minimal amount of$I,250.
In view of the uncertainty of the outcome of this litigation and the possible damages ifliability
was assessed, this is a favorable outcome.
Alexanderv. Hawk. et aI., Appeal No. 96-3752
(11th Cir.) This case was dismissed bv
.
. the
district court before service on the defendants, for failure to exhaust administrative remedies.
Oral argument was held on August 27, 1998. DO] Attorney Peter Maier appeared and argued for
the government that the PLRA supported the dismissal.

B. SETTLEMENTS AND AWARDS:
7-7-98 Adverse Judgement, Chilton v. US, 4:96CV02533MLM: $781,000. Wrongful death.
FTCA, suicide after change in antidepressant ~edication.
7-7-98 Settled for $75,000, EEO case of Sulayman Y...Jl.S, FGAS, 297-1 18. Case inn-lIves doctor
at JES.
C. SIGNIFICANT CASES. TRIALS OR HEARINGS: (See above)

D. RELIGIOUS CASES: None
E. ENSIGN AMENDMENT CASES: None

2585

SER Quarterly Report
October 6, 1998
Page 3

('

F. PLRA 1915 DISMISSALS: None

G. CRIMINAL CASES:
New Cases:

Update of Previously Reported Cases: No new information

Federal Tort Claims ActlEmployee Claims:

l

"

\ ...

'

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

148

120
22
1

o
5
6
$2115.85
108

100
3

12

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

88

120
55

11
11
?

2586

SER Quarterly Report
October 6, 1998

Page 4
Quarterly Comparison:
TORT CLAIMSIEMPLOYEE CLAIMS

SER

NUM

PROP

PI

APPR

AMT

DEN

PEND

OD

AlO

AlP

1ST QTR

128

104

24

15

1703

58

120

3

98

27

2ND QTR

149

116

30

19

7029

75

103

o

00

36

3RDQTR

136

109

27

11

1724

73

100

2

3

19

4THQTR

148

120

22

06

2115

108

100

3

00

12

LITIGATION
SER

NUM

HC

FTC

BIV OTH

1ST.
QTR

54

31

5

13

2ND
QTR

36

20

2

3RD
QTR

42

22

4TH
QTR

49

26

ANS

PEN

CLD

H!f

SET

AWD

5

46

?

?

?

?

?

12

2

14

4

12

2

10

542

23

2

18

3

10

661

155

/

2587

94

(

SER Quarterly Report
October 6, 1998
Page 5

FOIIPA
SER

NUM

PROC

PEND

OD

A/OD

AlP

CA

1ST
QTR

66

110

22

3

1

27

0

2ND
QTR

51

044

30

4

1

23

0

3RD
QTR

58

081

31

2

1

24

0

4TH
QTR

88

120

55

11

3

30

0

Other Activities
Miscellaneous Activities

(

Sherree L. Sturgis:
Travel - July 26-July 31, 1998; DC-Attorney and Paralegal
Training
July 15 - Settlement Conference, Savannah, Sulayman

.Y.JlS.
Annual Leave - July 6
August II & 14

Van Vandivier:
Travel- ~uly 26-July 31, 1998; DC-Attorney and Paralegal Training
September 14 - 18 - FC! Yazoo City

Annual Leave - August 17
August 24 - September 2

Earl Cotton:
Travel - July 5 - July 8; S1. Louis - Chilton v. US
August 31 - September 3 - MSTC Sentencing Training

Beverly Snell:
Travel - August 20 & 21 - F1. Lauderdale - Porto case

(
2588

c

SER Quarterly Report
October 6, 1998
Page 6

Loretta Rich:
Travel - July 5 - July 17 - Denver - Paralegal Training

(

IV.

Other Matters

a.
b.
c.

7-24 Closing date for SERO FOI paralegal announcement
7-31 Former Regional Director, now USPO Jerry Williford retires
A Regional Inquiry Team was dispatched to FCI Yazoo City to
',_
review the situation of an inmate who '1ent on· a hunger
strike and was taken to an outside hOSPItal shortly before
his release date, where he remains in a comatose state.
Van Vandivier was assigned as attorney-advisor to the team. Preliminary information is that the inmate was intent on
causing himself to be in a poor state of health when he was
released so the State of Mississippi would be unwilling to
assume responsibility for his medical care and so would not
prosecute him on pending charges. A final report from the
inquiry team should be available in the near future.

V.

Personnel Moves

Jeffrey Sugg - first day as SERO Honors Attorney - August 17
Jennifer Merkle - last day at USP ATL - August 31
Tami Rippon - first day at FeI EDG - Septemb,er 2
Loretta Ellis - first day as FOI Legal Tech at COL - September 13

cc:

Regional Director

2589