05/ 10 / 1993

10 :1 3 : 37

DATE:

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UNITED STATES GOV. MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBL IN, CALIFORNIA

04/09/93

REPLY TO
ATTN OF :

DOUGLAS CURLESS
REG IONAL COUNSEL

SUBJECT:

MONTH LY REPORT

TO:

(APRIL 1 - APRIL 30, 1993)

WALLACE H. CHENEY
GENERAL COUNSEL

STATISTICS:
TORT CLAIMS: JAN
RCVD
30
CLOSED
26
433
PENDING
OVERDUE
2 10

FEB
7
18
422
198

MAR
55
119
354
156

APR
59
28
387
172

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIM INVESTIGATION STATUS : AS OF 04/30/1993
BRN LOM LOF LOC LOS NEL PHX PLE SAF SDC SHE TRM TCN
05/10/ 1 993

10:13:43

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

JAN
11

27
131
42

1
FEB
36
16
151
43

ADM IN. REM . : JAN
RCVD

e

114

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

================

27
MAR
43
17
181
56

0

0
APR
43
23
201
57

0
MAY

FEB

MAR

APR

77

92

69

FEB
562
9
5
1
2
1
12

MAR
579
21
6
3
9
3
1
4

APR
596
26
8
4
11

3
0
9

0
JUN

MAY

MAY

0

18
JUL

JUN

JUN

0
AUG

JUL

JUL

4
SEP

AUG

AUG

8
OCT

SEP

SEP

46
NOV

OCT

OCT

6
DEC

NOV

NOV

DEC

DEC

·

.

05/10/1993

10:13:50

INS/SOLER:
NEW
PENDING

================

18
143

162

165

LITIGATION MATTERS:
9TH CIRCUIT COURT OF APPEALS
JORDAN ET. AL . V. GARDNER ET . AL.
CA9 NO.'S 90 - 3530 7; 90 -35552
EN BANC OPINION FEBRUARY 25 , 1993.
THE 5 FEDERAL INSTITUTIONS IN WXR CURRENTLY HOUS ING FEMALE PRETRIALERS AND
SENT EN CED OF FENDERS (FC I PLE, MDC LA, MC C SO, FPC PHX , AND FCI TCN) HAVE
SUSPENDED CROSS GENDER PAT SEARCHES TEMPORAR ILY UNTIL FURTHER NOTICE FROM
CENTRAL OF FICE AN D WXR.
LAHEY V. FLO YD CA9 NO. 9 2- 555 11 APRIL 27 , 1993.
A 9TH CIRCUIT PANEL HAS GI VEN US SOME FURTHER DIRECTION REGARDING MILLS V.
TAY LOR AN D JAIL TIME CREDI T (JTC) UNDER THE SENTENCING GUIDELINES AND 18
USC SEC . 3585 (B) . THE PANEL IND ICATED THIRD PARTY CUSTODY AS A CONDITION
OF PRETRI AL BOND RELEASE IS NOT SUFFICIENT RES TRAINT ON LIBERTY TO QUALIFY FO R JTC .
INMATE WAS RE LEASE D TO THE CUSTODY OF HIS BROTHER AND HAD TO
05/10/1993

10:14:03

================

BE AT HIS BROTHERS RESIDENCE FROM 10 : 00 P.M. UNTIL 6:0 0 A.M. AND COULD NOT
BE AWAY FROM THE RES I DENCE FOR MORE THAN 24 HOURS.
LATER HIS BOND CONDITI ONS WER E CHANGED SO HE COULD STAY AT HIS OI'lN HOUSE. THE PANEL INDICATED
RELEASE ON BOND UNDER THESE CONDITI ONS DID NOT AP PROACH IMPRISONMENT.
FRALEY V. BUREAU OF PR I SONS , ET AL,. CA9 NO. 93 - 35066 (CV 92 - 348 CI EWA)
FRALEY SU ED IN DIS TR I CT COURT TO RECEIVE "PRIOR CUSTODY CREDIT" FOR TIME
SPENT IN HOME DETENTION AN D ON ELECTRON IC MONITORING.
INMATE FILED A
MOTION TO SUBMIT THE CAS E BASED ON THE DISTRICT COURT RECORD. WE HOPE
LAHEY ABOVE, IVILL ASSIST OUR PO SITI ON AND NARROI'I THE 9TH CIRCUIT'S INTERPRETAT I ON OF JTC UNDER THE SENTENCING GUIDELINES.
U.S. DISTRICT COURTS TR IALS/COURT HEARINGS
U.S. V. NUNEZ , CR 87 -1 03 AAM E.D. WASHINGTON (YAKIMA).
I NMAT E IMPRISONED UNDER 2 OLD LAW SENTENCES PETITI ON ED THE DISTRICT COURT
FOR RELIEF UNDER OLD FRCRIMP #35 FOR REDUCTION OF SENTENCE. THE DISTRICT
COURT GRANTED THE MOTION AN D ORDERED IMMEDIATE RELEASE OF INMATE. INMATE
HAD A DETAINER LODGED BY THE PAROLE COMMISSION FOR A VIOLATION ON A PRIOR
SENTENCE . THE COURT SET A HEARING FOR MAY 3, 1993 , TO DETERMINE WHY THE
COURT 'S ORDER HAS NOT BEEN FOLLOWED. MARY SULLIVAN AND ISM SCOTT
BOATWRIGHT COVERED. THE DISTRICT COURT FELT THAT BY COMMUTING THE SECOND
05/10/1993

10:14:12

================

SENTENCE THE COURT HA D AUTH OR ITY TO VACATE THE OTHER SENTENCE AND ORDER
IMMEDIATE RELEASE OF THE INMATE FROM THE COURTROOM.
US PC WAS ADVISED AND
IS CONSIDERING APPEAL.
U.S. V. CARMICHAEL,
CR 92 - 335 HRF D. OREGON .
INMATE IVALKED AWAY FROM FPC SHERIDAN . WAS RECAPTURED WITHIN 2 WEEKS .
TRAIL HELD APRIL 26, 1993.
INMATE FOUND GUILTY ON APRIL 27, 1993. SENTENC
ING DATE NOT SET YET. MARY SULLIVAN AC COMPANIED STAFF WITNESSES.

-

.

~

WILMER V. MEYERS, C 92-1145, FMS N.D. CAL (SAN FRANCISCO).
SETTLEMENT CONFERENCE MAY 4, 1993 IN BIVENS CASE AGAINST STAFF AT FCI
DUBLIN.
INMATE WILMER REFUSED TO BE STRIP SEARCHED BEFORE ENTERING SHU.
WILMER OVERPOWERED THE TWO FEMALE CORRECTIONAL OFFICERS WHO WERE ATTEMPTING THE STRIP SEARCH. THE LT. AND ANOTHER MALE CORRECTIONAL OFFICER HAD
TO RESTRAIN WILMER WHILE FEMALE CO'S WRAPPED HER IN A SHEET AND CONDUCTED
A STRIP SEARCH.
INMATE DEMANDING $750,000 IN DAMATES.
TRAIL SET FOR
SEPTEMBER 1993. AUSA PAUL SOLON AND DOUG CURLESS COVERING.
U.S. V. DIANE NEVELL, CR 92 653 JMR, D. AZ (PHX)
WIFE OF INMATE CHARGED WITH INTRODUCTION OF CONTRABAND (DRUGS IN THE
VISITING ROOM HIDDEN IN INFANT'S CLOTHING). TRIAL BEGINS 5/4/93.
HENTHORN REQUESTS COMPLETED 4/23/93. NUMEROUS STAFF APPEARING AS WIT05/10/1993
NESSES.

10:14:24

================

TOM BYRON COVERING.

u.S. V. RAYMOND PAIGE/GEORGE DAVIS, CR 92-760, S.D.CA (SAN DIEGO)
DRUG CHARGES AGAINST INMATES AT FCI PHX. PRETRIAL HEARING ON 4/26/93 FOR
PRODUCTION OF BOP RECORDS TO DEFENSE. TRIAL SCHEDULED FOR 5/4/93.
SETTLEMENTS
LEONARDO STEWART V. QUINLAN, CIV 91-707 RMB (D. AZ-TCN)
RACIAL DISCRIMINATION SUIT SETTLED AFTER GOING THROUGH EEO ADMINISTRATIVE
PROCESS.
EEO RECOMMENDED $150,000 AND REINSTATEMENT TO POSITION. AUSA
SETTLED FOR $79,000 AND NO REINSTATEMENT (FOR ALL CLAIMS).
STIPULATED
AGREEMENT ENTERED 4/12/93 WITH PAYMENT WITHIN 30 DAYS FOR FINAL ORDER OF
DISMISSAL.
FUNDS CAME FROM DOJ JUDGMENT FUND.
MATTERS OF INTEREST:
ON 4/9/93 VALERIE STEWART AND REGIONAL ISM PEGGY KINMAN MET WITH THE CLERK
OF THE COURT AND USM FOR CENTRAL DISTRICT OF CALIFORNIA REGARDING THE
CLERK'S OFFICE NEW POLICY NOT TO AUTHENTICATE COURT ORDERS FROM THAT DISTRICT.
ISM PS 5800.07 CH8, SEC. 801-04 AND CH.3, SEC. 303 REQUIRE ISM
STAFF TO VERIFY ALL ORDERS RECEIVED. TERMINATION OF THIS SERVICE WAS DONE
BY THE CLERK IN RESPONSE TO STAFF CUTBACKS. A COMPROMISE SOLUTION WAS
05/10/1993

10:14:35

----------------

ARRIVED AT WHICH ALLOWS BOP ACCESS TO THE CLERKS OFFICE THROUGH THE
REGIONAL ISM.
ON MAY 25, 1993, 10:00 A.M. LEGAL, DHA/DHO, CCM'S AND CORRECTIONAL SERVICES WILL BE TOURING PHARM CHEM LABS IN MENLO PARK, CA. WITH DR. JULIE
WHITNEY, THE BOP LIAISON.
A RECENT TREND IN THE DISTRICT COURTS IN THE WESTERN REGION FINDS JUDGES
RUNNING 924(C) GUN COUNTS CONCURRENT WITH OTHER SENTENCED COUNTS, CONTRARY
TO STATUTE. WE HAVE BEEN CONTACTING USPO'S AND AUSA'S TO NOTIFY THEM OF
OUR PROBLEM IN COMPUTING THE SENTENCES. THEY INDICATE THEY ARE NOT WILLING TO APPEAL.
ETHICS TRAINING:
COMPLETED. GREAT JOB JENIFER GRUNDY AND TIM ROBERTS!!!
PERSONNEL MATTERS:

W~

\v ILMER SETTLEMENT CONFERENCE SAN FRANCISCO MAY 4
(MORNING) . ANNUAL LEAVE MAY 14 AND MAY 21
FPC NELLIS STAFF ASSIST MAY 5-7 .

DOUG CURLESS VALERIE STEWART 10/1993

10:14 : 56

================

J ENIFER GRUNDY JANELLE BROCK GLORIA POUPAR LIDA PAETZKE -

ADMIN . LEAVE MAY 26-JUNE2
4/ 13-15 ATTEND AGAI ENVIRONMENTAL LAW COURSE
FO IA/PRIVACY ACT CLASS SAN FRANCISCO MAY 18-20.
ANNUAL LEAVE MAY 7
FLETC 4 /19 - 5/7
ANNUAL LEAVE MAY 7
FOIA / PRIVACY ACT CLASS SAN FRANCISCO MAY 18-20

I NSTITUTION STAFF:
BRN / PAM RILEY-MORGAN

STAFF ASSIST W/VALERIE STEWART FPC NELLIS MAY 5-7

MDC LOS/ TIM ROBERTS

ANNUAL LEAVE MAY 17-28
USDC APPEARANCES IN U.S. V. MICHAEL KEYS AND U.S.
V. J ORGE DIAZ-MONTANO.
4/ 22 GUEST SPEAKER AT PEPPERDINE SCHOOL OF LAW,
SENTENCING I SSUES .
USAO CD CAL CRIM DIV MEETING 4/30/93.

MDC LOS/ ED ROSS

ED IS ACTING UNIT MANAGER

USP LOM/ MATT CARNEY

I~TT

IS ON BOARD AT USP.

WELCOME TO WXR MATT!

06/09/1993

================

07:49:52

DATE:

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

06/04/93

REPLY TO
ATTN OF:

DOUGLAS CURLESS
REGIONAL COUNSEL

SUBJECT:

MONTHLY REPORT

TO:

(MAY 1 - MAY 31, 1993)

WALLACE H. CHENEY
GENERAL COUNSEL

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

FEB
7
18
422
198

APR
59
28
387
172

MAR

55
119
354
156

MAY
46
23
408
156

AUG

JUL

JUN

OCT

SEP

NOV

DEC

TORT CLAIM INVESTIGATION STATUS: AS OF 04/30/1993
BRN LOM LOF LOC LOS NEL PHX PLE SAF SOC SHE TRM TCN
06/09/1993

PENDING
OVER 60 DAYS
FOI/PA
RCVD
CLOSED
PENDING
OVERDUE

================

07:49:55

JAN
11
27
131
42

17

0
FEB
36
16
151
43

o

0

MAR

43
17
181
56

APR
43
23
201
57

o

4

MAY
52
39
214
60

JUN

ADMIN. REM. : JAN

FEB

MAR

APR

MAY

114

77

92

69

123

RCVD

LITIGATION: JAN
565
OPEN
14
NEW
8
HC
3
FTCA
3
BIVENS
OTHER
1
TRANSFERS
CLOSED
24
06/09/1993

07:49:58

INS/SOLER:
NEW
PENDING

FEB
562
9
5
1
2
1
12

MAR

579
21
6
3
9
3
1
4

APR
596
26
8
4
11
3

MAY
607
16
4
1

0

9

================

12
143

162

165

LITIGATION MATTERS:
9TH CIRCUIT COURT OF APPEALS

8

3
1
4

16

4
JUL

JUN

JUN

1
AUG

JUL

JUL

12

5

SEP

AUG

AUG

20

OCT

SEP

SEP

6

NOV

OCT

OCT

DEC

NOV

NOV

DEC

DEC

· ,-~

"

.
JORDAN ET. AL. V. GARDNER ET. AL. CA9 NO.' S 90-35307; 90-35552
EN BANC OPINION FEBRUARY 25, 1993.
THE 5 FEDERAL INSTITUTIONS IN WXR CURRENTLY HOUSING FEMALE PRETRIALERS AND
SENTENCED OFFENDERS (FCI PLE, MDC LA, MCC SD, FPC PHX, AND FCI TCN) HAVE
SUSPENDED CROSS GENDER PAT SEARCHES TEMPORARILY UNTIL FURTHER NOTICE FROM
CENTRAL OFFICE AND DOJ.
HALE V. ARC OR CA9 NO. 88-15785, 89-15162 EN BANC OPINION MAY 4, 1993.
THE 9TH CIRCUIT ACTUALLY REVERSED A PANEL DECISION FAVORABLE TO INMATES! !!
THE PANEL BELOW IN A 2-1 OPINION INDICATED THAT FOR SOME WORK ASSIGNMENTS
INMATES MUST BE CONSIDERED "EMPLOYEES" UNDER THE FAIR LABOR STANDARDS ACT
(FLSA) AND, ACCORDINGLY, BE PAID MINIMUM WAGE.
THE MAJORITY EXPRESSLY
STATED IT COULD NOT MAKE A BLANKET DECISION THAT INMATES WERE NEVER

06 / 09 / 1993

07:50:01

================

EMPLOYEES. HOWEVER, IN THIS SITUATION I NVOLVING ARIZONA DOC INMATES, THE
COURT FOUND THE CONTROL OVER THE INMATES DOES NOT STEM FROM ANY REMUNERATIVE RELATIONSHIP OR BARGAINED-FOR EXCHANGE OF LABOR FOR CONSIDERATION,
BUT FROM INCARCERATION ITSELF (QUOTING VANSKIKE V. PETERS, 974 F.2D 806
7TH CIR. 1992&; CERT. DENIED, 113 S.CT. 1303 1993&). THE 9TH CIRCUIT
HELD THE LABOR PROVIDED TO ARCOR BY ARIZONA DOC INMATES WORKING FOR PROGRAMS STRUCTURED PURSUANT TO THE STATE'S REQUIREMENT THAT PRISONERS WORK
AT HARD LABOR IS LABOR BELONGING TO THE INSTITUTION AND DOES NOT ENTITLE
INMATES TO MINIMUM WAGE.
U.S. DISTRICT COURTS TRIALS/COURT HEARINGS
U.S. V. JOHNATHAN GEORGE
S.D. CAL (SAN DIEGO)
MCC SDC PRETRIAL DETAINEE AWAITING TRIAL ON FEDERAL FELON IN POSSESSION OF
A FIREARM CHARGES WAS WRITTED FROM CUSTODY BY SAN DIEGO D.A. FOR TRIAL ON
MINOR STATE CHARGES. AFTER APPEARING IN STATE SUPERIOR COURT ON JUNE 2,
1992, INMATE ASSAULTED A DEPUTY SHERIFF, TOOK HER REVOLVER, AND ESCAPED.
GEORGE STOPPED A CAR, SHOT AND KILLED THE DRIVER, AND ESCAPED. HE WAS
RECAPTURED ON OCTOBER 5, 1992.
GEORGE HAS 3 FEDERAL CHARGES PENDING. FELON IN POSSESSION OF A FIREARM
(ORIGINAL FEDERAL CHARGE), ESCAPE FROM FEDERAL CUSTODY (JUNE 2, 1992),
06 / 09 / 1993

07:50:04

================

AND FELON IN POSSESSION OF A FIREARM (RECAPTURE OCTOBER 5, 1992). GEORGE
FACES 3 STATE CHARGES FROM THE EVENTS OF JUNE 2, 1992. ASSAULTING A LAW
OFFICER, ESCAPE, AND CAPITAL MURDER. TRIAL SCHEDULE: FEDERAL ESCAPE MAY
20 (BENCH TRAIL); ORIGINAL FELON IN POSSESSION CHARGE JUNE 8 (JURY TRIAL);
2D FELON IN POSSESSION CHARGE NOT SCHEDULED.
STATE TRIAL FOR ASSAULT/
ESCAPE/MURDER IS SCHEDULED FOR JUNE 2, 1993.
FAMILY OF MURDER VICTIM HAS FILED A $2,000,000 FTCA CLAIM AGAINST BOP,
USMS, AND SAN DIEGO SHERIFFS OFFICE. ANDREA DAHLSTEN MONITORING.

u.s. V. DIANE NEVELL, CR 92-653 JMR (D.AZ) (PHX)
WIFE OF INMATE CHARGED WITH INTRODUCTION OF CONTRABAND (DRUGS IN THE VISIT
ING ROOM HIDDEN IN INFANT'S CLOTHING). WIFE CONVICTED ON 5/5/93.
SENTENCING SET FOR JULY 27. TOM BYRON COVERING.
U.S. V. RAYMOND PAIGE/GEORGE DAVIS. CR 92-760 (S.D.CA) (SAN DIEGO).
DRUG CHARGES AGAINST INMATES AT FCI PHX. ALL INMATE DEFENDANTS PLED

· .,-

-.,..

.
GUILTY ON 5/7/93.
COVERING.
U.s. V. DELONEY.

/09/1993

07:50:07

SENTENCING SET FOR JUNE 25.

ANDREA DAHLSTEN

CR 92-164 RGS (D.AZ) (PHX)

----------------

STAFF MEMBER PLED GUILTY TO ACCEPTING A BRIBE TO INTRODUCE CONTRABAND INTO
FCI PHX. SENTENCING SET FOR JUNE 28. JANE HASCHEMEYER COVERING.
SISNEROS V. HARRISON. CIV 92-Z-1013 (D.CO).
BIVENS/FTCA CASE. INMATE CLAIMS SHE WAS SEXUALLY ASSAULTED BY STAFF
MEMBER. MAGISTRATE JUDGE HAS RECOMMENDED DISMISSAL OF BIVENS GLAIM.
FTCA CASE GOING FORWARD. SETTLEMENT CONFERENCE SET FOR JUNE 23
FOIA/PA
PEOPLE OF CALIFORNIA V. EMDY
LOS ANGELES D.A. AND DEFENSE COUNSEL BOTH HAVE REQUESTED INMATES CENTRAL
FILE VIA FOI REQUEST. EMDY MURDERED HIS BROTHER FOR INFORMING ON A THIRD
BROTHER. TWO OF THE EMDY BROTHERS DID TIME TOGETHER AT USP LOMPOC.
CENTRAL FILES MUST BE PRODUCED BY TRIAL DATE OF JUNE 7, 1993.
SETTLEMENTS
STEWART V. QUINLAN. D. AZ. EEO COMPLAINT BY FORMER CO SETTLED FOR
$79,615.77. ORDER DISMISSING CASE ENTERED 5/13/93.
PROPOSED: STRICK V. U.S.A. PLAINTIFF HAS OFFERED TO SETTLE FOR $16,000.
THIS CASE INVOLVES INMATES CONTRACTING SHIGELLA AT FCI TRM IN 1990.
/09/1993

07:50:10

----------------

MATTERS OF INTEREST
ON MAY 25, 1993, 10:00AM, LEGAL, DHA/DHO, CCM'S AND CORRECTIONAL SERVICES
TOURED PHARM CHEM LABS IN MENLO PARK, CA. WITH THE BOP UA/CONTRACT
LIAISON.
SELLERS UPDATE: INMATE REQUESTS TO CORRECT "INACCURATE" INFORMATION CONTAINED IN PSI'S ARE FLOODING FCI SHE. WE NEED TO SEE IF WE CAN SET UP A
STREAMLINED PROCEDURE TO VERIFY PSI INFORMATION WITH THE U.S. PROBATION
OFFICER. IF SUCH A SYSTEM CAN BE SET UP WE CAN ARGUE 1. THE INMATE HAD
THE OPPORTUNITY TO CHALLENGE THE INFORMATION IN THE PSI PRIOR TO SENTENCING AND DURING THE ALLOCUTION PHASE OF THE SENTENCING.
2. THE INMATE ALW
AYS HAS THE OPPORTUNITY TO CHALLENGE HIS SENTENCE VIA 2255 OR 2241 HABEAS.
3. WE DID VERIFY THE INFORMATION WITH THE USPO INVOLVED WITH THE CASE.
PERSONNEL MATTERS:

WRO
DOUG CURLESS VALERIE STEWART -

~/09/1993

07:50:13

JENIFER GRUNDY -

NLTC GRADUATION 6/7/93. AGAI/PRISONER LITIGATION
TRAINING CONFERENCE 6/7-11. ANNUAL LEAVE 6/14-15;
6/30-7/2.
ADMIN. LEAVE 5/26-62. AGAI/PRISONER LITIGATION

================
TRAINING CONFERENCE 6/7-6/10
ACTING REGIONAL COUNSEL 6/7-6/11.
6/21-25.

TDY LOMPOC

.. ,7.'" .
JANELLE BROCK -

TOY FCI TRM 5/24-28; MOC LA 6/1-4.

INSTITUTION STAFF:
FCI SHE/ MARY SULLIVAN AGAI/PRISONER LITIGATION TRAINING CONFERENCE 6/7-10
MOC LOS/ TIM ROBERTS

AGAI/PRISONER LITIGATION TRAINING CONFERENCE 6/7-10