UNITED STATES GOV. MEMORANDUM . ~cnc
FEDERAL BUREAU OF PRISONS
~~
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA

I

I

DATE:

10/06/93
DOUGLAS CURLESS
REGIONAL COUNSEL
MONTHLY REPORT

SUBJECT:
TO:

(SEPT 1 - SEPT 30, 1993)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS: JAN
RCVD
30
CLOSED
26
PENDING
433
OVERDUE
210

FEB

MAR
55
119
354
156

7

18
422
198

APR
59
28
387
172

MAY
46
23
408
156

JUN
39
93
372
156

JUL
58
81
249
103

AUG
51
74
321
55

SEP
56
56
321
59

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 09/30/1993
BRN LOM LOF LOC LOS NEL PHX DUB SAF SDC SHE TRM TCN
PENDING
2 12 6
2
4 2
2
o
o
2
o
o
OVER 60 DAYS 1
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE
N.

JAN
11
27
131
42

FEB
36
16
151
43

MAR

43
17
181
56

REM.: JAN

FEB

114

77

LITIGATION: JAN
OPEN
565
NEW
14
HC
8
FTCA
3
BIVENS
3
OTHER
1
TRANSFERS
CLOSED
24
INS/SOLER:
OPEN
44

FEB
562
9
5
1
2
1

12

APR
43
23
201
57

MAY
52
39
214

JUN JUL AUG SEP OCT NOV DEC
57
46
47
52
71
30
96
39
200 216 155* 169
60
49
42
57
57
*PHYSICAL INVENTORY OF ALL REQUESTS
MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
92

69

MAR

579
21
6
3
9
3
1
4

123

APR
596
26

MAY
607
16

8
4

4
1

11

8
3

3

o
9

1

4

113
JUN
627
24
10
4
7
3
1
4

93

104 125

JUL
659
18

AUG
7

6

9

6

o

o

3

8
1

1

o

o
o

o

1

2

21

666

SEP
651

OCT

NOV

DEC

o
3

LITIGATION MATTERS:
SUPREME COURT ACTION:
THE SUPREME COURT DENIED DEFENDANT LAWRENCE POWELL'S REQUEST TO REMAIN
FREE ON BOND PENDING THE APPEAL IN U.S. V. KOON AND POWELL (THE RODNEY
KING CIVIL RIGHTS VIOLATION CASE). HE IS TO SELF SURRENDER TO FCI DUBLIN
OCTOBER 11, 1993. DEFENDANT KOON HAS A SIMILAR MOTION PENDING BEFORE THE
SUPREME COURT THAT SHOULD BE DECIDED SOON.
US. DISTRICT COURTS TRIALS/COURT HEARINGS

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I

..·aOSTIC V. CARLSON CIV,88-0941 PHX PGR D. AZ. (PHOENIX).
INMATE FILED AN FTCA CLAIM FOR LOSS OF TAPED ARGUMENTS BEFORE THE 8TH
CI.RCUIT IN HIS CRIMINAL CASE. WE LOST THE TAPES AND OFFERED REPLACEMENT
UE OF $15. THE INMATE REFUSED WANTING $2,000 AND FILED IN USDC IN
IX. THE USDC DISMISSED THE COMPLAINT. 6 MONTHS AGO THE 9TH CIRCUIT
ED AND REMANDED INDICATING THE USDC DID NOT MAKE A SUFFICIENT RECORD. SETTLEMENT CONFERENCE SET FOR OCTOBER 18, 1993.
WILMER V. MEYERS, C-92-1145-FMS N.D. CAL. (SAN FRANCISCO).
BIVENS TRIAL AGAINST LT. AT DUB.
INMATE ALLEGES IMPROPER VISUAL SEARCH BY
STAFF BEFORE HER PLACEMENT IN SHU. STATUS CONFERENCE HELD 10/5/93. PRETRIAL CONFERENCE SCHEDULED FOR 10/18/93. TRIAL SCHEDULED FOR 10/25-26 IN
SAN FRANCISCO. AUSA PAUL SOLON AND ASST. RC JENIFER GRUNDY CO-COUNSEL.
PLAINTIFF RECENTLY APPOINTED PRO BONO COUNSEL FROM MORRISON & FORRESTER IN
SAN FRANCISCO.
ALEXANDER V. PERRILL,CIV 87-582-TUC-RMB D. AZ. (TUCSON).
PRETRIAL CONFERENCE SET FOR OCTOBER 4, 1993. ANTICIPATED 4 DAY TRIAL IN
TUCSON SET FOR NOVEMBER (SPECIFIC DATE NOT FINALIZED). AUSA GENE
BRACAMONTE, VALERIE STEWART AND PARALEGALS TOM BYRON AND LARRY WESTON
HANDLING.
STRICK V. U.S., CV91-3926 C.D. CAL. (LOS ANGELES).
INMATE CONTRACTED SHIGELLA DURING OUTBREAK AT TRM IN 1990. SUIT IS FOR
$10,000,000. INMATE IS A FORMER ATTORNEY FROM CAL'S BOALT HALL AND IS
ACTING PRO SEe PLAINTIFF'S SETTLEMENT OFFER OF $20K WAS REJECTED. TRIAL
SET FOR NOV.
GARCIA V. U.S., CIV 91-1952, J. COPPLE D. AZ. (PHOENIX).
FTCA ACTION BY FAMILY OF DECEASED INMATE (GARCIA).
INMATE DIED FROM ACUTE
ATTACK. DISCOVERY HAS BEEN COMPLETED. FAMILY OF THE INMATE IS
FOR UNREALISTICALLY HIGH SETTLEMENT AMOUNT. TRIAL SET FOR LATE
7~~j~~ln (DATE CERTAIN NOT YET SET).
AUSA ROGER DOKKEN AND PARALEGAL JANE
CHEMEYER HANDLING.
ADVERSE DECISIONS:
FINNEGAN V. MORTON, CV S 93 713 D. NV. (LAS VEGAS).
HABEAS BY FPC NELLIS INMATE SENTENCED ON A PROBATION REVOCATION (FROM "OLD
LAW" SPLIT SENTENCE) CONTENDED SENTENCE COMPUTATION WAS INCORRECT AND
RELEASE DATE SHOULD HAVE BEEN 7/23/93 RATHER THAN OUR COMPUTATION OF
12/93. ISSUE WAS WHETHER SENTENCING COURT INTENDED REVOCATION SENTENCE TO
BE 1 YEAR IN ADDITION TO THE ORIGINAL 6 MONTH SPLIT ON THE 2 YEAR
SENTENCE. HABEAS COURT RULED THAT "GUIDELINES" MANDATED SENTENCE COULD
ONLY BE CONSIDERED ONE YEAR EN TOTO (WITH CREDIT FOR ORIGINAL 6 MONTHS).
U.S. ATTORNEY FILED A MOTION FOR RECONSIDERATION. THE COURT HAS THE
MOTION UNDER ADVISEMENT, AND IN THE MEANTIME HAS ORDERED THE INMATE RELEASED 9/15/93. WE ANTICIPATE FINNEGAN WILL FILE A BIVENS SUIT AGAINST
INSTITUTION/BOP STAFF A LA ALEXANDER SUPRA.
STATE CASES OF INTEREST:
MADRID V. GOMEZ, C-90-3094 TEH N.D. CAL. (SAN FRANCISCO).
CHIEF JUDGE HENDERSON BEGAN HEARING A 42 USC SEC. 1983 CONDITIONS OF CONFINEMENT CLASS ACTION LAWSUIT BROUGHT BY INMATES OF CALIFORNIA DOC'S AD
MAX FACILITY AT PELICAN BAY.
INMATES' BASIC THEORY IS THE PRISONS USE OF
FORCE (FORCED CELL MOVES) AND ISOLATION (SHU 22 HOURS PER DAY) CONSTITUTES
AN 8TH AMENDMENT VIOLATION.
INMATES ALLEGE THIS IS A UNIT TO TRY TO BREAK

~P PRISON GANGS.
.·ATTEN~ION.
THE

INMATES ALSO ALLEGE THE FACILITY DENIES BASIC MEDICAL
INMATES ARE REPRESENTED BY PRISON LAW OFFICE AND WILSON,
• 'SONSINI, GOODRICH & ROSATI, ONE OF THE TOP CORPORATE LAW FIRMS IN SILICON
VALLEY. ON SEPTEMBER 12, 1993, 1160 MINUTESII FEATURED THE CASE ON THEIR
• FORMER BOP WARDEN CHARLIE FENTON TESTIFIED 9/24 REGARDING THE
ESS USE OF FORCE, A PSYCHIATRIST FROM HARVARD WILL ALSO TESTIFY AS AN
T WITNESS. TRIAL BEGAN SEPTEMBER 17 AND IS SCHEDULED FOR 2 MONTHS.
FOIA/PA:

NONE.

PENDING SETTLEMENTS:
SISNEROS V. HARRISON, CIV 92-Z-1013 D. COL. (DENVER).
FEMALE INMATE AT PHOENIX CAMP WAS SEXUALLY ASSAULTED BY
BIVENS/FTCA CASE.
MALE CORRECTIONAL OFFICER. CORRECTIONAL OFFICER WAS FIRED, NO DOJ REPRESENTATION WAS AUTHORIZED. THE CASE WAS REFERRED TO THE US ATTORNEY FOR
PROSECUTION, BUT WAS DECLINED. THE INMATE SUED THE WARDEN, AW, CORRECTIONAL OFFICER AND BOP. MAGISTRATE JUDGE HAS RECOMMENDED DISMISSAL OF
BIVENS AGAINST WARDEN AND AW. SETTLEMENT OFFER FOR FTCA PORTION OF CASE
PENDING $85,000. FUNDS TO COME FROM THE JUDGEMENT FUND.
MATTERS OF INTEREST:
PERSONNEL MATTERS:
WRO
DOUG CURLESS VALERIE STEWART JENIFER GRUNDY -

JANELLE.BROCK AN TRAN GLORIA POPOUR -

HARLAN PENN IS TRANSFERRING TO WRO AS REGIONAL COUNSEL
RE-ASSIGNED TO CENTRAL OFFICE
AL 10/12-15
STAFF ASSIST FCI SHE 10/4-6
VACCARO DEPOSITION CONT. 10/20/93 FPC NEL
INTN'L AIDS IN CORRECTION CONF. 10/14-15
WILMER STATUS CONF. FCI DUB 10/5 3:00PM
PRE-TRIAL CONF. 10/18 2:30PM
TRIAL 10/25-26
AL 10/7-14
TRIAL TECHNIQUES CLE SAN FRANCISCO
10/15-16; 10/29-30
LEAVES WRO FOR CENTRAL OFFICE. REPORTS TO C/O 10/18
SWORN IN AS A MEMBER OF THE OKLAHOMA BAR 9/30/93.
INSTITUTION FAMILIARIZATION TRAINING FCI DUB 10/18-28
NLTC 9/13-10/1. FINAL EXAM 10/15
FCI DUB 10/18 STAFF ASSIST FOR TINA ROBINSON PENDING
TINA'S MATERNITY LEAVE.

INSTITUTIONS:
FCI DUBLIN

WILMER TRIAL 10/25-26

USP LOMPOC

DARREN BRACY AL 10/08

FCI LOMPOC:

MIKE DEDDMAN HELD DHO HEARINGS AT MDC LOS ANGELES AND
FCI TRM FOR INMATES ALLEGEDLY INVOLVED IN THE FCI SHE
RIOT. MIKE PLAYED CIRCUIT RIDER FROM 9/29 TO 10/1.

MDe LA:

TIM ROBERTS WILL BE ACTING REGIONAL COUNSEL 10/14-15.
TIM RECENTLY RECEIVED A SPECIAL ACT AWARD FROM THE
WARDEN FOR HANDLING SEVERAL SENSITIVE PROJECTS •

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