Fbop Wxr Monthly Reports 1996oct-dec
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u.s. Department of Justice Federal Bureau of Prisons Dublin, California 94568 Office of the Regional Director - W··g~D November 15, 1996 MEMORANDUM TO WALLACE H. CHENEY, ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Harlan W. Penn Regional Counsel SUBJECT: Monthly Report for October 1996 .... CASES OF INTEREST ...... NINTH CIRCUIT MATTERS: Downey v. Crabtree (October 25, 1996) Ninth Circuit upheld District Court determination that BOP Program Statement defining "Crimes of Violence" inappropriately determined some offenses as crimes of violence and as basis for ineligibility for reduction of sentence under 18 U.S.C. §3621(e). Downey was convicted of 21 U.S.C. §841 with a two-point enhancement. Circuit determined that judicial review of the agency's interpretation of 3621 was appropriate and then analyzed the agency's method of statutory interpretation, finding that if the agency adopted the definition "crime of violence" from 18 U.S.C. §924(c) in defining "nonviolent offense" then it was required to follow existing case law, as to what are violent or non-violent crimes. Further, the Circuit held that only the instant offense may be examined in determining eligibility for the sentence reduction, not other information in the pre-sentence report or prior criminal acts. Graham v. U.S., reversal of District Court's determination that the Bureau properly sent an administrative tort claim denial letter to a DUB inmate/claimant rather t~an her attorney. Although Eighth Circuit caselaw supported both the Dissent and the District Court in Graham, the civil ~ivision and Solicitor General decided against appeal of the NiJ th Circuit ruling. Kalka v . Harrison . et aI, dismissal of i J mate,s appeal of Bivens action alleging deliberate indifference ~ o serious medical need at TCN for failure to comply with appellate procedure. Sims v. BOP. et al., appeal denied for f l ilure to state a claim. This was a Bivens action alleging 6th Amj1ndment and due process issues, stemming from FBI search warrant executed during investigation into TCN inmate's attempted murder of another inmate. District Court had denied the in~ate's motion for temporary restraining order and granted the government's Motion for Summary Judgment. DISTRICT COURT MATTERS: 3621(e) Litigation District of Arizona: Spear v. Floyd , government's opposition to the Magistrate's Report and Recommendation withdrawn based on the decision in Downey. District of Oregon: Mark White v. Crabtree, 21 U.S.C. §841 conviction with two-point enhancement. Stipulated Order entered October 18 , 1996. Donald Henry v. Crabtree , 21 U.S . C. §841 conviction with twopoint enhancement . Order pending. Bruce Morse v. Crabtree, 18 U.S.C. §922(g) conviction. Stipulated Order entered October 18, 1996. Simon Cort v. Crabtree Sullenger v. Crabtree Martin v. Crabtree All above petitioners are convicted of unarmed bank robbery offenses. On October 21, 1996 Judge Haggerty held a hearing to 2 consider challenge to BOP determination denying eligibility for sentence reduction. Sullenger was ordered into halfway house for 30 days pending Court's decision . On October 24 , 1996, Judge Haggarty issued orders upholding the Bureau's position in Sullenger and Martin. The parties have advised the Court of the Downey decision and a revised order is possible. Central District of California: Reddic v. u.S. (LOF) , 18 U.S.C. §922(g) conviction with prior bank robbery. Filed as 28 U.S.C. §2255 motion attacking sentence. Wofford v . Hayes (DUB), 21 U.S.C. §841 conviction with two-point enhancement. Order to Show Cause issued to justify denial of eligibility in light of Downey decision . Other Litigation Bailey et al. v . U.S., attempted class action by 21 inmates who claim they contracted hepatitis and/or tuberculosis at LOM. Administrative claims were denied, based partly on high-risk behavior of the inmates. Bradix v. Hayes, DUB inmate claims she was marched across the compound wearing only a blanket. Settlement negotiations proceeding. Freelove v. Aponte , LOM inmate claims he was placed in cel l with drug user and was not protected by staff after he gave them information concerning an escape plot. Lucas, Mercadel. and Douthit v. White, three former female DUB inmates allege they were sexually assaulted and harassed by male inmates and staff while housed in the FDC. U.S. Attorney's Office exploring mediation. TRIALS/HEARINGS: Ramirez-Pacheco v. Reno, EEO action transferred from District of Columbia filed by former physician who claims he was harassed at FPC Lompoc because of his nationality. Trial set for January 21, 1997. 3 u.s. v. Mugrage, trial for murder of fellow LOM inmate set for November 12, 1996. A staff member died of a heart attack while responding to this incident. RELIGION: Low v. Clarke-Cain, Religious Freedom Restoration Act case in which inmate sought injunctive relief for practice of Satmar sect of Hasidic Judaism at BRN. The District Court ruled on cross motions for summary judgment. Major issues regarding access to a Mikveh and a Minyan were resolved in favor of the Bureau of Prisons. The Court determined trial is necessary on one or more issues regarding requests for a Sefer Torah, access to other religious books, access to prayer space, access to an in-room sink, and Passover accommodations. Trial was reset for January 7, 1997. We also anticipate a motion for an order that Low be placed in a community corrections center for Hanukkah. Gainey v. Reno, previously reported EEO case filed by staff at TCN alleging discrimination based upon Native American religion and heritage. Plaintiff has filed Request for Admissions. MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT ON AGENCY MEDICAL CARE: None SETTLEMENTS: None MISCELLANEOUS MATTERS: None ENVIRONMENTAL MATTERS: LOM was assisted by Commercial Law Branch with response after receiving a Notice of Violation from the Santa Barbara County Air Pollution Control District for a missing gasket on a gasoline tank cap. The fine will be contested. The Base Realignment and Closing Commission met at LOM October 17, 1996. Monitoring tests at Wood Dump site yielded no adverse findings. PHX met with FBI regarding cleanup of the joint-operated firing range. Preliminary discussions concern extent of clean-up 4 required for area and apportionment of responsibility and cost between various user agenci es. CRIMINAL CASE TRACKING 1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 2 1 2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/ DISPOSITION: ASSAULT OF INMATE: None ASSAULT OF STAFF: None ESCAPE: None FRAUD/FORGERY: None HOMICIDE: u.S . v. Carlos Miranda and Chris Anderson, trial date continued for 19 93 inmate murder at LOM. INTRODUCTION/POSSESSION OF CONTRABAND: Former staff member Ron Smith sentenced October 21, 1996 to 57 months, 2 years supervised release for introducing drugs into LOM. u . S . v. Henry Houston, LOM inmate found guilty of narcotics possession September 4, 1996. Sentencing November 18, 1996. PROPERTY: None WEAPONS: None 3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) 5 " ASSAULT OF INMATE: Assault cases from LOM, all declined: HAZZARD, Kevin JOHNSON, Joseph OAKLEY, Bruce ESTRELLA, Joey HELMS, John HOWARD, Detrara LEE, Thomas Assault cases from PHX: MCFARLAND, Roshawn JAMMERSON, Ronnie NGUYEN, Dung AGUILAR, Jose ASSAULT/THREAT OF STAFF: GOMEZ-DIAZ, Jose (TCN) ESCAPE: None FRAUD/FORGERY: None HOMICIDE: None INTRODUCTION/POSSESSION OF CONTRABAND: MAYFIELD, Michael (TRM) marijuana possession - declined TEJEADA, SERGIO (SHE) possession of heroin JAMES, Jeremy (PHX) REED, Eddie (PHX) MAESTAS, Ted (LOM) syringe - declined PROPERTY: None WEAPONS: Possession of weapons cases from LOM, all declined: BOUSQET, Eugene SPRATT, Zachary MOORE, William BROOME, Dana RODRIGUEZ, Tommy 6 • NUNEZ, Marco KINARD, Maurice -- STATISTICS « JAN 71 107 2 173 0 Tort Claims: Received Closed Reconsidered Pending FEB 52 69 2 158 3 MAR 40 59 1 140 0 APR 66 39 0 167 0 MAY JUN 75 90 1 153 0 51 54 0 148 3 JUL 52 65 0 135 7 AUG 40 36 1 140 4 SEP 56 65 0 131 0 OCT 48 39 3 142 5 Over 6 Mo. *Physical count confirmed with database NOV Investigations Pending Over 60 Days: LOM 11 LOF 0 LOS 15 NEL 0 PHX 3 SAF 0 SDC 1 SHE 0 TRM 1 TCN 0 TOTAL 34 JAN 25 41 138 98 FEB 37 47 128 56 MAR APR 48 48 120 55 MAY JUN III III 59 61 AUG 34 41 87 43 SEP 28 42 73 20 OCT 25 44 54 11 DEC 33 33 JUL 24 41 94 51 NOV 33 42 FOI/PA Pending More than 30 Days 07/31/96: BRN DUB LOM LOF LOS NEL PHX SAF SDC SHE 0 1 0 0 2 0 1 1 0 1 *Does not include inmates transferred out of Region or CCMs. TRM 1 TCN 0 TOTAL 7 BRN 0 DUB 3 FOILPA: Received Closed 34 42 120 52 Administrative Remedies: JAN 89 Litig,ation: Open Cases: New Cases: HC FTCA Bivens Other Closed Lit Reports FEB 87 MAR JAN 346 24 8 5 10 1 11 FEB 346 12 6 2 4 0 12 6 84 APR 75 MAY JUN 96 JUL 78 AUG 113 SEP 87 OCT 76 NOV 89 MAR APR 341 12 10 2 8 1 4 9 MAY JUN 344 11 8 1 2 0 8 6 268 24 16 1 5 1 8 9 JUL 271 19 13 2 3 1 16 7 AUG 278 16 12 1 3 0 SEP 294 21 15 1 5 0 5 6 OCT 311 23 9 4 3 0 6 7 333 11 5 2 4 0 24 5 7 9 4 DEC NOV DEC DEC U.S. Dcpartmcnt of .Justice Federal Bureau of Prisons Dublin, California 94568 December 23, 1996 MEMORANDUM TO WALLACE H. CHENEY, ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Harlan W. Penn Regional Counsel SUBJECT: Monthly Report for November 1996 •• CASES OF INTEREST •• NINTH CIRCUIT MATTERS: U.S. v. Etherton (D. Or.) - BOP not a party. Court of Appeals upheld District Court for reducing a violator sentence because of the Sentencing Guideline reduction for marijuana cases. We are exploring whether there are inmates in the Region serving violator terms whose sentences might be affected/reduced under this decision. DISTRICT COURT MATTERS: 3621(e) Litigation District of Arizona: Spears v. Floyd (PHX) , habeas seeking year off for drug program participation. In light of the Downey decision, the U.S. Attorney's Office rescinded its Opposition to the R&R which cited to and held with Downey, and ordered the BOP to reconsider eligibility. However, one fact overlooked in earlier pleadings is that inmate has never completed the DAP program, so he isn't eligible. District of Oregon: Wilson v. Crabtree (SHE), inmate ineligible for sentence reduction due to halfway house ineligibility. Motion to dismiss filed. Inmate has not completed residential drug abuse treatment program. Peters v. Crabtree (SHE),inmate ineligible for sentence reduction due to prior conviction for robbery. Cagle v. Crabtree (SHE), inmate ineligible for sentence reduction due to prior conviction for robbery. Northern District of California: Dorsey v. Hayes (DUB), violation of 18 U.S.C. §922(g), felon in possession of a firearm. Court ordered one-year reduction November 21, 1996. Litigation Branch notified. Other Litigation Lucas. Mercadel. and Douthit v. White (DUB), three former female inmates allege they were sexually assaulted and harassed by male inmates and staff while housed in the FDC at Dublin. Due to the conflict in the potential prosecution of former staff by the u.s. Attorney's Office in San Francisco, the case will be handled by DOJ. Both sides have agreed to mediation. Nicolaysen and Parker v. United States (LOS), FTCA action filed in C.D. Cal. re assault of attorney by inmate client at MDC Los Angeles. General Counsel notified of our opposition to proposed settlement 11/27/96. Shorty v. Crabtree (SHE), habeas petition alleging violation of rights during DHO hearing related to acts of rioting and 2 destruction of government property at FCI Greenville. TRIALS/HEARINGS: Cort and Parmalee v. Benov et ale (SDC) , Bivens action re rejection of publication "How to Win Prison Disciplinary Cases." Defendants include Attorney General, Director, two Regional Directors, General Counsel, and nine Wardens. Hearing on Defendants' Motion to Dismiss December 16, 1996. Ramirez-Pacheco v. Reno (LOM) , EEO case filed by former physician who claims he was harassed at FPC Lompoc because of his nationality. Trial January 21, 1997. u.s. v. Rodney Anderson (LOS), former MDC staff member found guilty of bribery, conspiracy to traffic in drugs and conspiracy to commit murder for hire following trial on November 5, 1996. RELIGION: Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act case in which inmate sought injunctive relief for practice of Satmar sect of Hasidic Judaism. Trial rescheduled for January 7, 1997. No motion for an order that Low be placed in a community corrections center for Hanukkah has been received. Gainey v. Reno (TCN), EEO case filed by staff member alleging discrimination based upon Native American religion and heritage. Discovery underway by plaintiff with January 18, 1997 cut-off date. six depositions are scheduled for early December at Tucson, with more to follow, according to AUSA/plaintiff. MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT ON AGENCY MEDICAL CARE: None SETTLEMENTS: None MISCELLANEOUS MATTERS: None ENVIRONMENTAL MATTERS: 3 Santa Barbara County Air Pollution Control District inspected the new boiler at LOM on November 25, 1996. CRIMINAL CASE TRACKING 1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 17 2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/ DISPOSITION: ASSAULT: None ESCAPE: None FRAUD/FORGERY: None HOMICIDE: u.s. v. Carlos Miranda and Chris Anderson, trial date continued indefinitely for 1993 inmate murder at LOM. u.S. v. Larry Dean Mugrage, murder of LOM inmate in which staff member died of a heart attack responding. Trial January 6, 1997. INTRODUCTION/POSSESSION OF CONTRABAND: u.s. v. Henry Houston, LOM inmate found guilty of narcotics possession September 4, 1996. Sentenced to 24 months November 18, 1996. PROPERTY: None WEAPONS: MARCHANT, Bruce, Reg. No. 01132-078 (LOM) , possession of weapon. 4 3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) ASSAULT: FISH, Bernard, Reg. No. 03746-089 (LOM) , declined. HESS, Stanley, Reg. No. 06621-097 (LOM) , declined. BEYER, Reg. No. 04506-027 (PHX), pending CRISP, Reg. No. 05252-097 (PHX), pending GARCES, Reg. No. 13229-016 (PHX), pending RICARDS, Reg. No. 42685-053 (PHX) , pending ESCAPE: None FRAUD/FORGERY: None HOMICIDE: None INTRODUCTION/POSSESSION OF CONTRABAND: ESCALANTE, Francisco, Reg. No. 97730-012 (LOS), possession of heroin. RODAS-ZAMBRANO, Victor, Reg. No. 07779-112 (LOS), possession of heroin. DEARTH, Andrew, Reg. No. 22862-034 (LOM), hype kit, declined. CASTANEDA, Frank, Reg. No. 34778-136 (LOM) , amphetamines, declined. DeANGELO, Don, Reg. No. 13701-047 (LOM), urinalysis, declined. PROPERTY: None WEAPONS: Weapons possessions cases from LOM declined: MARCHANT, Bruce, Reg. No. 01132-078 BOUSQUET, Eugene, 99836-011 FISH, Bernard, 03746-089 SCANDRETT, Darian, Reg. No. 03535-033 TURNER, William, Reg. No. 06929-097 •• STATISTICS ~~ 5 JAN FEB MAR APR MA Y JUN JUL AUG SEP OCT NOV 71 52 69 2 158 3 40 59 1 66 39 0 167 0 75 90 1 153 0 51 54 0 148 3 52 65 0 135 7 40 36 1 4 56 65 0 131 0 48 39 3 142 5 36 34 1 145 4 Cl osed 107 Reconsidered 2 1 73 0 Pending Over 6 Mo. 140 0 140 Investigations Pendi ng Over 60 Days : BRN DUB LaM LOF LOS NEL PHX SAF SDC SHE TRM TCN TOTAL 0 7 9 0 12 0 5 0 2 1 0 1 37 FOILPA: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Received 25 41 138 98 37 47 1 28 56 34 42 48 48 33 42 33 33 120 120 III III 52 55 59 61 24 41 94 51 34 41 87 43 28 42 73 20 25 44 54 11 36 36 54 15 FOI/PA Pending More than 30 Days: BRN DUB LaM LOF LOS NEL PHX SAF SDC SHE TRM TCN TOTAL 1 0 9 Closed Pending 30 days 0 0 0 0 3 1 0 1 1 2 *Does not include inmates transferred out of Region or CCMs . DEC Administrative Remedies: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 89 87 84 75 89 96 78 113 87 76 80 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 346 24 8 5 10 346 12 6 2 4 0 12 6 333 11 5 2 4 0 24 5 341 12 10 2 344 11 8 1 2 0 8 6 268 24 16 1 5 1 8 9 271 19 13 2 3 1 16 7 278 16 12 1 3 0 9 4 294 21 15 1 5 0 5 6 311 23 9 4 3 0 6 7 322 13 9 4 0 0 2 2 Open Cases : New Cases: HC FTCA Bivens Other Closed Lit Reports 1 11 8 1 4 9 6 DEC DEC DEC U.S. Department of Justice Federal Bureau of Prisons Dublin, Califomia 94568 January 9, 1997 MEMORANDUM TO WALLACE H. CHENEY, ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Harlan W. Penn Regional Counsel SUBJECT: Monthly Report for December 1996 •• CASES OF INTEREST •• NINTH CIRCUIT MATTERS: DISTRICT COURT MATTERS: 3621(e) Litigation Davis Rice v. Hayes (DUB), petition filed old-law inmate for denial of reduction by BOP and Parole Commission; Court . dismissed action against BOP, citing Downey for proposition that BOP has discretion to reduce the sentence of 3621(e)-eligible inmates. Lord. Richard v . Crabtree CV 96-1674-HA 3621(e) habeas petition by inmate with 841 conviction with 2D1.1 enhancement. Siguenza. Edward v. Crabtree CV 96-1601-AS 3621(e) for year off. Litigation report r~flects that litigation should be ruled moot as inmate has been transferred to Guam on home confinement. Garcia. Gerado v. Crabtree CV 96-1506 HA 3621(e) challenging BOP determination re: non-eligibility for sentence reduction due to inmates prior conviction for robbery. Hughes. Leroy v. Crabtree CV 96-1506-HA 3621(e) habeas petition by inmate with a 922(g) conviction. Inmate may be an immediate release when Davis v. Crabtee decision is rendered (released date with year reduction would be 11/26/96) . Wright. Michael v. Crabtree CV 96-1621-HA 3621(e) habeas petition by inmate found ineligible for sentence reduction due to prior conviction for murder. Kalai v. Crabtree CV 97-10 HA 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 922(g) conviction. Sifuentes. Oscar v. Crabtree CV 96~1699 HA 3621(e) habeas petition by inmate convicted of 841' violation with a 2 point 2D1.1 enhancement for weap~ns. Johnson. Jeffrey v. Crabtree CV 3621(e) habeas petition by inmate convicted of 841 violation with a 2 point 2D1.1 enhancement for weapons. Smith. Donald v. Crabtree CV 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 924~ conviction. Putnam. John v. Crabtree CV 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 18 U.S.C. 2113(a) robbery conviction. Gruenwald. Greg v . Crabtree cv 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 924 ~ conviction. Doyle v. Crabtree CV 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 18 U.S.C . 2113(a) robbery conviction. Voorhies . David v . Crabtree CV 3621(e) habeas petition by inmate found ineligible for sentence reduction because of 18 U . S . C. 2113(a) robbery conviction. Other Litigation Breen. Donald v. Crabtree CV 96-1361-CO (SHE) Habeas petition challenging BOP's use of prior state conviction in classification. Kolar v. Reno CIV 96-426-TUC-JMR (TCN) EEO/Title VII complaint alleging discrimination and r e taliation by management at FCI Tucson against female staff member based upon sex. Bailey et a l . v . U . S. (LOF) , attempted class action by 21 inmates who claim they contracted hepatitis and/or tuberculosis at LOM. Administrative claims were denied, based partly on high-risk behavior of the inmates. Interrogatories submitted to all inmate plaintiffs January 6, 1997. Lucas . Mercadel . and Dout hit v. White (DUB), three former female inmates allege they we re sexually assaulted and harassed by male inmates and s taff while housed in the FDC at Dublin. Initial mediation session held December 16, 1996. Nicolaysen and Parker v . United States (LOS), FTCA action in which the attorney plaintiff was assaulted with ballpoint pen by inmate client at MDC Los Angeles. General Counsel preparing memo for DOJ explaining our opposition to proposed settlement. Palmer v . Reno (SDC) , Bivens/FTCA action concerning fire at Miramar (INS) Federal Detention Center. BOP defendants are Director Hawk and Warden Stratman. TRIALS/HEARINGS: Cort and Parmalee v. Benov et al. (SDCi, Bivens action re rejection of publication "How to Win Prison Disciplinary Cases." Defendants include Attorney General, Director, two Regional Directors, General Counsel, and nine Wardens. Defendants' Motion to Dismiss under consideration. Ramirez-Pacheco v. Reno (LOM) , EEO case filed by former physician who claims he was harassed at FPC Lompoc because of his nationality. Trial January 21, 1997. RELIGION: Gainey v. Reno (TCN) Prev iously reported. Staff member alleges discrimination based on alleged status as Native American. Depositions of several TCN staff were noticed by plaintiff and took place December 10-13. Valerie Stewart and Tom Byron attended depositions for BOP. Parties are considering mediation and a motion is now before the Court. Harvin v. BOP (LOF) , action filed by inmate who alleges he is Native American and claims he is being denied religious practices. Issue is whether other Native American inmates requested his exclusion from the Sweat Lodge ceremony. Low v. Clarke-Cain (BRN) , Religiou~ Freedom Restoration Act case in which inmate sought injunctive- relief for practice of Satmar sect of Hasidic Judaism. Trial January 21, 1997. MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT ON AGENCY MEDICAL CARE: None SETTLEMENTS: None MISCELLANEOUS MATTERS: None ENVIRONMENTAL MATTERS: None CRIMINAL CASE TRACKING 1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 12 2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/ DISPOSITION: ASSAULT: None ESCAPE: None FRAUD/FORGERY: None HOMICIDE: U.S. y. Carlos Miranda and Chris Anderson, trial date continued indefinitely for 1993 inmate murder at LOM. U.S. v. Larry Dean Mugrage, murder of LOM inmate in which . staff member died of a heart attack responding. Trial January 6, 1997. INTRODUCTION/POSSESSION OF CONTRABAND: None PROPERTY: None WEAPONS: None 3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) ASSAULT: MAKLE, Joseph, Reg. No. 28274-037 (LOM) , declined. VILLEGAS, Carlos, Reg. No. 92397-012 (LOM) , pending. ESCAPE: None FRAUD/FORGERY: None HOMICIDE: None INTRODUCTION/POSSESSION OF CONTRABAND: WAGNER, John, Reg. No. 01968-025 (LOM) , declined. JOHNSON, Kenneth, Reg. No. 25342-013 (PHX) BLANKENSHIP, Ernest, Reg. No. 36555-136 (SHE) GILMORE,McCorl, Reg . No. 81351-011 (SHE) NEWSOME,James, Reg. No. 78957-012 (SHE) PROPERTY: None WEAPONS: Weapons possessions cases from LOM declined: WAGNER, John, Reg. No. 01968-025 SYLVESTER, Lance, Reg. No. 03442-097 McMOARN, Curtis, Reg. No. 58848-065 SCOTT, Shane, Reg. No. Reg. No. 60551-065 SIMMONS, Robert, Reg. No. 62317-198 • •• STATISTICS Tort Claims: JAN DEC Received 71 107 Closed Reconsidered 2 Pending 173 Over 6 Mo. 0 .... APR FEB MAR 52 69 2 158 3 40 66 75 59 39 90 1 0 1 140 167 153 0 0 0 Investigations Pending Over 60 Days: LOS BRNDUB LOM LOF MAY JUN JUL 51 54 0 148 3 52. 65 0 135 7 40 36 1 140 4 AUG 56 65 0 . 131 0 SEP OCT 48 39" 3 142 5 54 36 34 . 58 0 1 145 141 4 10 4 NOV NEL PHX SAF SOC SHE TRM 0 13 0 8 0 2 2 0 1 48 FO/IPA: DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Received Closed 41 Pending 30 days 98 25 47 138 56 34 48 33 37 42 48 42 33 120 120 111 128 52 55 59 61 33 41 111 51 24 41 94 43 34 42 87 20 28 44 73 11 25 36 54 15 36 56 38 54 36 NEL PHX SAF SOC SHE TRM TCN TOTAL 1 0 0 1 0 0 0 3 NOV DEC 8 14 0 FOIIPA Pending More than 30 Days: LOS BRN DUB LOM LOF 00 0 1 0 TOTAL TCN 8 *Does not include inmates transferred out of Region or CCMs. Administrative Remedies: JAN MAR FEB 89 Litigation: DEC Open Cases: 87 APR 84 75 89 MAY JUN JUL AUG SEP OCT 96 78 113 87 76 80 MAY JUN JUL AUG SEP OCT NOV 268 271 278 294 311 322 19 16 15 1 3 0 9 4 23· 9 4 3 0 13 22 "4 6 2 2 JAN FEB MAR APR 346 346 333 341 344 24 6 5 10 1 11 12 5 2 4 11 10 2 4 0 24 5 344 New Cases: HC 8 FTCA Bivens Other Closed Lit Reports 0 12 6 12 816 2 8 1 4 9 1124 13 1 1 2 5 0 1 8 8 6 9 12 2 3 1 16 7 21 9 . 1 5 0 5 6 7 0 0 - 25 0 2 1 3 8