5108034618

DOJ/BOP/WRO/LEGAL

499

P01

NOU 04 '94

UNITED STATES GOVERNMENT

~

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE .
DUDUN, C4LIFORNU 94568

DATE:

RAY1V
All)( OF:

OPTIONAL FORM 00 (7-90)

November 4, 1994

~w.\P~
W. PENN

Regional Counsel

~ba

Faa ..

aJBJB:r:

10:

Monthly Report for October 1994
WALlACE H. CH~~,

NSN 75"0.0'.3"·7388

,

GENERAL SERVICES .-Ot.tINISTRATIC)N

~9 .. 'O'

Assistant Director/General Counsel

o. IVAN WHITE, JR., Regional Direct~r
Wardens of the Western Region

•• STATISTICS ~~

0

FEB MAR

MAY JUN
54
58

ToC1 ,(g.im.s:

JAN

&c~iv~d

37

40

91
172

100

68

47

30

81

116

125

120

148

121
3

Closed
P~ndin,
Ov~r6mo

76

APR
42

0
0
0
0
1·
• Received /tom ·USMS ovtTdu~
•• Awaiting Internal Affairs investigalion
OM. claim owaiting Internal Affairs investigation

JUL
60

AUG

SEP

52

51

32
149

107
94

100

0

4S

1·· 2···

OCT
54
28
126

NOY

DEC

2·~·

.a.

Tir, Clalm Inf1!:!(jBQli9l1

~: (As

of 10/31194)

BRN LOM LOF
.
,

LOS

NEL PBX

DUB

SAP

SDC

SHE

TRM

TCN

1

0

0

1

1

0

AUG

SEP

DEC

37

OCT
37

NOY

20

33
39

28

25

102
31

96
28

105

117
30

JUL
121

AUG

SEP

OCT

NOY

DEC

104

lOS

110

NOV

DEC

Pending
Over60dap
FOIIPA:

Received
Closed
Pendjng
Ovtr 60 days
1

4t1mbal B.1.f1J.:
Received

0

1

JAN . FEB MAR
27
2S
23
14
43
43

0

APR ,MAY

31

21

22

11

20

JUN JUL
48
45

75

84

94

97

·33

41

46

16

23

93
21

JAN

FEB

MAR

APR

106

76

132

152

109

0

MAY JUN
99
134

2S

24

SEP
AUG
MAY JUN JUL
449
426· 426
439
18
19
16
13
21
26
16
8
7
8
4
10
8
17
1
7
4
3
2
1
3
1
2
FTCA
2
2
7
7
7
S
3
BiveIJs
6
3
6
10
0
2
0
1
1
1
Olhu
0
0
1
12
8
8
12
Closed
13
1
19
13
3
• Legal staff contacted couns to verify numbu open. COlegory of INS/Solers deleted.
3225·

LIDmlion:

n

1

Open Cales:
New Cases:
HC

JAN

FEB

685

677

MAR
685
20

APR

685
4

698

OCT
461

16
7
0
8

1
4

18: 05.,

5108034818

~~

DOJ/BOP/WRO/LEG~L

499 P02

NOU 04 '94

CASPS OF INT£RSST ......

NINTH CI~CUIT AIATrERS:
Campos v. ~NS, et at No 94-15361 .
This matter was originally a~signed to a 3 judge panel in the circuit for decision on the
briefs. By an Order dated 10/13, the panel has appointed counsel and requested additional
briefing specifically on ''whether INS has adopted a policy of deJaying deportation bearings
until one year before incarcerated aliens will have served their sentences, and, jf so, whether
that policy complies with 8 U.S.C. 1252(i). AUSA Patricia Duggan is briefing the case, with
BOP assistance from Valerie Stewart.
DISTRl.CT COURT MATI'ERS:

Katherin Graham'v. USA N.D.Cat. Inmate filed a tort claim because she was hit by a roll
of roofing material which fen through the ceiling at FeI Dublin. She was represented by
counsel in the administrative ciaim process. We inadvertantly mailed claim denial letter
directly to claimant rather than her attorney. She threw it away. Attorney files fleA action
well after statutory period. When \\'e showed evidence of mailing of denial letter, attorney
filed motion for sanctions and equitable tolling of statute, claiming deliberate interference
with attorney-client relationship. Judge held the mailing of denial to claimant was sufficient
under:- regulations and that equitable tolling was improper.

u.s. v. Reggie Brown D. Oregon
This is the first prosecution of an inmate resulting from the September 2, 1993 disturbance
at Fel, Sheridan. . Brown is charged with assault on a federal officer and destruction of
federal property. The trial date has been vacated due to an interlocutory appeal on double
jeopardy claim based on institution discipline process. Given the recent 9th Cir. cases on
double jeopardy (U.S. v. $405,000.) this decision could impact the Bureau of Prisons.
The other multi-defendant trial, U.S. v. Boyd. et a1, has also been continued until resolution
of the double jeopardy issue, these defendants face .charges of destruction of government
property..

u.s. v. Canriady D. Arjzona
Trial concluded on November 2 in inmate assault on correctional officer. Jury found inmate
guilty and sentencing is set for 1/23/95. Jane Hascbemeyer assisted AUSA throughout triat
Ransom v. Morton D. Nevada
District Judge overturned the Magistrate's Finding & Recommendation against inmate's
habeas petition for dual credit on federal sentence for time credited to state sentence
when on federal writ. The Regional Counsel has requested the U.S. Attorney to appeal and
A memo for General Counsel is being prepared by Valerie Stewart.
MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT
ON AGENCY MEDICAL CARE:

\..)

None
3226

18:05

..

c,

5108034818

DOJ/BOP/WRO/LEG~L

499 P03

NOU04

,~

FOI/PA LITIGATION:
Bruscino v. Bureau of Prisons D.D.C. Inmate at USP Marion seeking a variety of
. information, mostly statistical data, concerning inmates at USP Lompoc in 1993 and transfers
to USP Marion. Request responded to 11/3, releasing some documents and seeking
prepayment for research cost estimates (100 hours of managerial time). Answer filed 11/4.

SETTLEMENTS:
MISCELLANEOUS MA7TERS:
Moore v, Bowlen, E.D.Cal. Chief Magistrate issued Order to Show Cause why USP Lompoc
Warden should not be held in contempt for failing to produce a federal inmate on a writ ad
testificandum for a .civil rights trial brought by a s"tate inmate in his court. Due to
adminjsjlrative error, the writ was not received by ISM until after appearance date, although
it was received at institution in sufficient time. Writ was verified and staff contacted the
USMS in Eastern California to move the inmate. The USMS in that district refused to
move the inmate, citing Pennsylvania v. USMS, 474 U.S> 34 (1985) to convince the court
that there was no authority to order them to do so. The Central Califor~ia USMS moved
the inmate for the institution, and he appeared to testify at the trial. After the conclusion
of the trial, the Magistrate issue the OSC.. Responses were filed explaining why tpe Warden
was not in contempt and the practice and the division of responsibility behveen the BOP and
the USMS. The Magistrate finally dismissed the order 11/2. Identified need to educate the
USMS in districts without federal institutions of division of responsibility and contents of
MOU.
Marshall v. Robinson. et aI., Small Claims Court, Alameda County CA
One staff member suing three others seeking monetary damages for allegedly making false
statements during an official investigation. Defendant employees sought representation.
Recommended and, 1.1pOn approval, matter will be removed to federal court.

..... REGIONAL MATTERS OF INTEREST ~~
Har)an Penn:
RC/AGC meet 11/14 to 11/18
Valerle Stewart:

Jenlfer Grundy:
Ja~et

Augu$tlne:

Thmi. Jenkins:

New Attorney Training 11/14 to 11/18

Lisa James: :

Same

Dennis WOl\g:

Same

Duran Sheets:
Lida

Paet~ke:

3227
J~anlta

Jiggetts:

.-

5108034818

c,

DOJ/BOP/WRO/LEGAL

660 pel

DEC 07 '94

09:18

.Jft····-·-..-~··~~;-i;~~~:g==
' ~\
J

'

~

!

l

;

DEC 1 2 ~DERAL BpREAU OF PRISONS
WESTERN REGIONAL OFFICE

\) )

OFF!C:~
r·, .

OATE:

OF
~ ~-;

.~:.:.~.:~.~.

r-.

..

:' .. -

~....

:~

DVBUN,CILlFORNlA 94568

.- -

b·PT.c).;AC: FOR~' i9 ,;':eOJ ... '"

December 7, 1994

'---·'·FAX--TRANS'M~iTT AL
To

• PENN

Regional Counsel
SUBJS:I':

10;

Fal

Monthly Repon for November 1994

5099-101

STATISTICS

.~~

JAN FeB MAR APR MAY JUN
76
37
42
54
40
58
Received
68
100
91
47
30
81
Closed
120
148 121
172 116 125
Pending
10
0
0
3
0
Over 6 mo
• Rectiv~d from USMS overdue
•• A wailing Internal Affairs invesligatioll
••• One claim awaiting Intemal Affairs investigation
lel:l C.lalf!Y.:

Ta,rt Claim

[1J."~ttiml.ioa ~(lJ1US: (A.f

Pending
Over 60 days

I

0

0

JUL
60

A.UG

SEP
51

45

94

100

126

60
112
1"·

PHX

SAF

SDC

SHE

TRM

TCN

20

0

0

0

10

0

JUL

A.UG
33

OCT

NOY
20

DEC

1"· 2···

2

4

0

FEB MAR APR MAY JUN

/UL

AUG

152

134

121

104

Litigation:

JAN

FEB MAR

APR

AUG

677
16
8
1
7
0

MAY JUN
426·
698
16
26
7
17
2
1

JUL

685
19
8
2

426
13

439

4

10

7

2

j

Open ClUes:
New Cases:

He
FTCA

)06

Bivens

7

Other

2

76

132

2···

of 11/30/94)

JAN

33

DEC

107

Ai-min. !J.f!!J:
Received

43
93
21

46

32

FEB MAR APR MAY /UN
25
43
75

NOY

149
0

52

JAN
FOIIPA:
23
Received
14
Closed
109
Pending
Over 60 days 23

27

OCT

54
28

BRN DU!J LOM LOF LOS NEL

()

oeNGRAL SERVICE;S ADfoAIN'STAATtON

WALLACE H.. CHENEY, Assistant Director/General Counsel
o. IVAN \VHITE, JIL, Regional Director
Wardens of the Western Region
~~

(~

fI

31
22
84
41

68S

68S

20
8

4

1

4

2

5

3

0

0
1

48

25

11

45

20

94
46

91102

21

6
1

36
99

31

SEP
37
39
28
96 IDS 117.
28
24

21

SEP
lOS
SEP
449
18

10

6

1.

3
3

0

1

1

1

8
13
19
12
13
8
Clo.fed
3
12
• Legal staff contacted couns 10 ,'mIY number ~ Category of INS/Solers deleted.

37
25

37

07

90

30

49

OCT

NOY

110

73

OCT
461

NOV
4S6
10

16
2
0
8

3
1
5

2
4

3

DEC
DEC

5108034818
I

•

c.

DOJ/BOP/WRO/LEG~L

...

660 P02

DEC 07 '94

~~ CASES OF INTEREST ~~

NINTH C)RCUI7' MA1TERS:
Campos v. I,NS. et al No 94-15361
The Ninth Circuit has denied the inmate's MTN TO PREVENT TRANSFER to Oakdale.
This matter was originally assigned to a 3 judge panel in the circuit for decision on the
briefs. By an Order dated 10/13, the panel has appointed counsel and requested additional
briefing specifically on "whether INS has adopted a policy of delaying deportation hearings
until one year before incarcerated aliens win have served their sentences, and, if so, whether
that policy complies with 8 U.S.C. 1252(i). AUSA Patricia Duggan is briefing the case, with
BOP assistance from Valerie Stewart.
DISTRICT COURT MA1TERS:
U.S. v. Archer. et a1 D. Nevada
,
Criminal prosecution by Nevada US Atty of USP Lompoc escapees. Following escape, the
inmates fled to Nevada and robbed a bank. Both inmates entered guilty pleas on November
14, the first day of trial in Las Vegas. Sentencing is set for January, 1995. AUSA Win
Ma ttley prosecuted the case.
Ardelle Schreckengost v. USA C. D. California
Seventy-ye~r old volunteer at FPC Boron fell off landing and broke her hip while attending
orieiltation classes. Suing for unspecified damages.

c.•

Herbert Blitzstein v. USA et at CV-S-94-0581 D. Nevada
Former inmate claims inadequate medical care. Names PA from Boron and former CCOS
from Salt Lake City individually. This inmate had heart attack while at Nellis on work detail.
Once surgery was done and he was stable, he was transferred to Rochester. Released to
CCC, however, community physiCian felt he neec;led an angiogram. CCOS transferred
inmate to Rochester for angiogram, which was not clinically indica ted according to BOP
medical staff. ~nmate returned to CCC where he violated conditions of release. Returned
to Boron to complete term. This inmate testified before Congressional Committee
investigating hea1th care in the Bureau of Prisons in July 1991. flCA claim untimely.
lenifer Gf1Jncly hanOling.

MEDICAL MALPRACTICE TORT CLAIMS and UTIGATJON REFERENCING GAO REPORT
ON AGENCY MEDICAL CARE:

None
FOI/PA LITIGATION:
None

SETI'LEMENTS:

c"~
....•

Sberilyn Wohl v, USA N.D.California
Plaintiff sought $750,000 for the loss of a child, claiming that FCI Dublin provided unsafe
picnic tables for inmate use. Plaintiff claims that the table fell on her when others sitting
with her stopd up. She claims this causes her to lose the baby she was carrying. The
Government preyailed at non-binding arbitration, however, plaintiff elected to appeal to
District Court. ~ai-pfeparation_w.ould-!1tttlve. at-least .two-depositiofts..·jn··Hawaii, . .as. well

as ·use .of...a.$S,OOlhouF~·e~~~Offefed to-settledfor $5000. ~a:if)tjff aGccpted,

09:18

..

5108034818

...

DOJ/BOP/WRO/LEGAL

66'21 P03

DEC 0? '94

MISCEUANEOUS MArrERS:
James Marshall, II v. Rhonda Robinson. et al., Small aaims et,
Alameda County, California
One employee suing three others in Small Claims Court over statements made during OIA
investigation. Representation for defendants granted by DOJ. PlaintiffvoJuntsrily dismissed
suit prior to removal to federal court.

PHX Paralegal Jane H8schemey~r (Acting Exec.) was at WRO for Strategic Planning
Training, Nov. 29-30. TeN Paralegal Tom Byron in Dallas, Nov. 20..22 for EEO hearing.
Mary Sullivan in San Diego 12/6 to testify for U.S. Atty re: escape of SHE inmate.
~~

REGIONAL MAneRS OF INTEREST ~~

Harlan Penn:

Staff Assist & Meeting with the U.S. Attorney
Safford, Tucson & Phoenix 12/5-12/9

Valerie Stewart:

AIL 12/27 .. 12/30

Jenifer Grundy:

AIL 12/19 .. 12/27 (Singing at White House)

Janet Augustine:

o

Tami Jenkins:

Glynco 11/28 - 12/16, reports to SDC 12/19

Lisa James:

Glynco 11/28 - 12/16, reports to LOS 12/19

Dennis Wong:

Glynco 11/28 - 12/16

Duran Sheets:

AIL 12/19 - 12/23

Lida Paetzke:

AIL 12/23 • 12/27

Juanita Jiggetts:

3190

09:19

5108034802

• f

r:_- /BOP/WRCVr:RIN

r-,

UNITED STATES GOYERNMBNT

MEMORANDUM

",

FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE'
DUBUN. C4UFORNU 94$68
DATE:
fSIlTlO
"ATflitaP.

Januaty 6, 1995

OPTIONAl FOnM 99 (7-90)

"'!l...~,....Iv. (F>~'P""__
~W. PENN

Regional Counsel
~
10:

Monthly Report for December 1994

_. -----..---_.- -

NSN 7540.01_317_7368

_._.

WALlACE H. CHENEY, Assistant Director/General
o. IVAN WHITE, JR., Regional Director

_..

S0i9_101

GeNERAL SERVICes AOMINISTRAnON
.',

.

Counsel

~~ CASES OF INTEREST ....

DISTRICT COURT MATTERS:

United States v. Patrick Sayers, 94CR726 (CDCA),~cheduled fur January 17, 1995 in'---')
prosecution of inmate for possession of weapon at U.S.P. Lompoc.
/
United States v. Archer and Diulio. sentencing of inmates from U.S.P. Lompoc for escape (
and bank robbery is set for January 21, 1995_
United States v. Linbert Johnson.@set for January 24, 1995, on weapon and cell fire
charges against this U .S.P. Lompoc inmate.
Kalka v, Megathlin, (NDCal€aring on OOset for January 11 in San Francisco. Inmate
Ben Kalka is challenging a plannea move to Fel, Sheridan and also contends his legal mail
was read by staff.
Kaiserman v. United States, (CDCal) discovery responses are due next week. We have
discussed issues related to the related Bivens case against Richard Elmer several times with
Mr. Elmer, Central Office and DOJ personnel. Mr. Elmer is now represented by his own
counsel.
Gainey v. Reno, (DAriz) is an EEO case in which Mr. Gainey alleges discrimination on the
basis of his Native American status and religion. A motion for partial summary judgment
has been filed and we are reviewing the discovery record. The U.S. Attorneys office

recommends settlement if a reasonable offer is received.
3164

,Ji-,
':;....,.J.

QPu
cJ~
,.,.
t\":>

· ,.

5108034802

DO]/BOP/WRO/MAIN

A1EDIC4L,Jt,ULPRACTICE TORT CLAJi\IS aNi liTIGATION REFERENCING GAO REPORT
ON AGENCY J\fEDlCAL CARE:

None
FOIIPA LITIGATION:
None

SE7TLEMENTS:

None
MISCELLANEOUS MATTERS:
A law firm is attempting to resurrect the Cooney case which was dismissed several years ago
after FeI, Pleasanton agreed to continue at that time the practice of inmates having keys
to their rooms. The institution is considering changes in that practice. The U.S. Attorneys
Office agrees that the Cooney case is not the proper vehicle for a cbal1enge today but they
are concerned that a broad challenge to conditions at the now crowded FeI, Dublin may be
filed by this firm.
Asbestos abatement is beginning at U.S.P. Lompoc and several tort claims alleging asbestos
exposure have been received from inmates there.
We are working with the Regional Executive Staff and Central Office in advising FPC,
Boron on the Religious Freedom Restoration Act and accommodation of an Hasidic Rabbi
inmate.
An end of the .year inventory of FOIA, Torts and litigation resulted in revised counts.
Changes are being implemented to improve the accuracy of our statistics during 1995.
~~

REGIONAL MAnERS OF INTEREST ~~

HarlaD Penn:

Annual Leave 1/23 to 2/3

Valerie Stewart:

AIL none scheduled

Jenifer GruDdy:

NL none scheduled

1

C'

Janet Augustine:

AIL 1/5 and 6

Dennis Wong:

NL none scheduled

Duran Sheets:

AIL none scheduled

Llda Paetzke:

~

Juanita Jiggetts:

NL none scheduled

none scheduled

3165

•

5108034802

Jo

~.

()

r::/BOP/WRO/MRIN

2'::3 P03

JAN 06 '95

STATISTICS ~~

T2!1 C.fai~f:
Received
Closed

Pending
Over6mo

JAN
37

FEB

~\fAR

APR

~lAY

40

42

58

91

100

76
68

172
0

116

125

0

0

120
1

47

30"

148

a

JUN
54

JUL

AUG

SEP

OCT

6()

51

81
121

32
149
0

4S
]00
2

54
28

3

52
107
94
1

NOY
46

DEC

60

61
41

126
2

112

179·

1

2-

TRM

TCN

apHYSlCAL COUNT

Tort Claim. lD,lIQtll!alion SlaIu.s: (As of 12131194)
BRN DUB LOltl LOF LOS
Pending
0
0
0
0
0
Over 60 days
FOT/Pd:

JAN
23
14

Received
Closed
109
Pending
Over 60 days 23

(.J

FEB ltlAR
27
43

APR

~y

25

31

21

43

22

11

94
46

93

75

84

21

33

41

NEL

PllX

SAP

SDC

SHE

0

18

0

0

0

JUN
48
45

JUL
25
20

AUG

SEP

OCT

NOY

DEC

33

37
28
105
24

37
2S
117

20
100
49

22
32
91"
62-

OCT
110

NOY

DEC

73

89

39

91

96
'102
31
36
28
·PHYSICAL COUNT

30

1

37

0

Admin. Rem.:
Receivtd

JAN

FEB

AlAR

APR

MAY JUN

JUL

AUG

SEP

106

76

132

152

134

99

121

104

IDS

LiIi£9!.ion:

JAN

FEB

J\UY

AUG

SEP

OCT

NOV

DEC

685

456

353·

4

26

439
21

461

7

17

4

2

7

S

6

1
10

2

7

j
j

2

0
8

0

:1
3
0

0
8
2

1
5
1

1J

1

1
J

10
3
7
1

16
2

10

1

18
7

2

20
8
4

426
13

449

16
8
1

698
16

JUN
426

JUL

677

MAR
68S

APR

68S
19
8

19

4

3

18
11
3
2
2
83

Open Cases:
New Casu:
HC

FTCA
Bivens
Other
Closed

12

0

6

1
13

·PHYSICAL COUNT

3166

12

1
8

3

14:130

---- -.- - .. - ...

r

Janet Augustine:

AIL 1/5

Dennis Wong:

NL none scheduled

Duran Sheets:

NL none scheduled

Lida Paetzke:

AIL none scheduled

Juanita Jiggetts:

NL none scheduled

and

6

c
_..-...-.----.- .. -. -_.- ---

-

o
3167