u.s. Department of Justice
Federal Bureau of Prisons

Dublin. California 94568

February 10, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for January 1997

.. CASES OF INTEREST ••
NINTH CIRCUIT MATTERS:
Gordon Alcorn v. Jeryl Kochera (NEL) Ninth Circuit upheld
District Court's grant of summary judgment for defendant,
holding that DHO's decision not to call inmate's witnesses and
to rely on their written statements was not a violation of due
process.
DISTRICT COURT MATTERS:
3621(e) Litigation
CA Cases
Woolverton v. Purdy (LOF) , two-point enhancement case.
Adverse decision entered January 16, 1997. BOP directed to
reconsider petitioner's eligibility. OGC notified February 4,
1997.
AZ Cases
Villela-Curiel v. Floyd (PHX) ineligibility due to detainer and
as yet has not completed DAP program.
OR Cases
Cabrera v. Crabtree (SHE), conviction for 18 USC 2113 (a)makes

inmate ineligible for sentence reduction under 3621.
Rasor v, Crabtree, conviction for 26 USC 5845(a) (d)-possession
of firearm- renders inmate ineligible for sentence reduction.
Geiger v. Crabtree, 924~ conviction is basis for inmate's
ineligibility for sentence reduction. Stipulated Order entered
1/10/97 -AUSA will file NOA.
Contreras-Palomares v. Crabtree, inmate ineligible for
sentence reduction based on detainer from INS.
Kilgore v, Crabtree, inmate ineligible for sentence reduction
based on conviction for 922(g).

Other Litigation
Hooper v. Reno
Palmer v, Reno
Ralph v. Reno (SDC) , three Bivens/FTCA actions concerning fire
at Miramar (INS) Federal Detention Center. BOP defendants are
Director Hawk and Warden Stratman. U.S. Attorneys Office will
seek to consolidate all actions.
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. Second mediation session February 3, 1997.
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.
Wright v. Crabtree (SHE), HC and TRO alleged that FC! was
violating inmate's 6th Amendment right to counsel. Telephone
conference with Judge Jones on 2/6/97, denied TRO and limited
inmate to one call per week to designated counsel, unless
"emergency" arises.
Scott v, Crabtree and Conley v. Crabtree, (SHE) each case
challenges DHO action resulting from 10/25/95 disturbances at
FCI Memphis.
TRIALS/HEARINGS:
U,S. v, LarhY Dean Mugrage, murder of LOM inmate in which
staff member died of a heart attack responding. Convicted at

trial January 6, 1997.
Farmer's Insurance v, USA (BRN) , FTCA case where civilian
alleges inmate town driver caused collision. Trial February
27, 1997 in Los Angeles.
Friedman v, VanBrusselen (LOM) , Bivens action re violation of
access to the courts, violation of Privacy Act, and
retaliation for litigation and filing grievances. Summary
Judgment granted on most claims January 17, 1997;. trial on
remaining claims of retaliation, harassment, detention, and
transfer to be scheduled.
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. Government found
not liable.
U.S. v, Greene, sentencing hearing February 18, 1997.
Inmate
seeks downward departure due to likelihood of victimization in
prison. Psychology Administrator and Assistant Regional
Counsel will attend the hearing.
RELIGION:
Low y. Clarke-Cain (BRN) , Religious Freedom Restoration Act
case in which inmate sought injunctive relief for practice of
Satmar sect of Hasidic Judaism. Trial February 25, 1997.
Gainey y. Reno (TCN) , Title VII case by staff at TCN alleging
discrimination based on religious practice and ethnic heritage
as a Native American, and retaliation for filing EEO
complaint. Case has gone to mediation. Hearing set for March
7, 1997.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
SETTLEMENTS:
Jimmy Joe Fields y. BOP, District of New Mexico. Estate of
deceased inmate agreed to settle for $40k. Inmate, released
from FCI Safford, alleged inadequate medical diagnosis and
care for throat cancer.
MISCELLANEOUS MATTERS:

Health Services and Le gal Staff met on February 3, 1997 with
local attorney for staff me mbers who claim exposure to TB from
administration of PPD test at DUB. Admini strative claims
pending.
ENVIRONMENTAL MATTERS:
FCI Phoenix -Reported 1/27 / 97 sewage overflow to ADEQ.

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 6
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT:
GOMEZ-DIAZ, Jose, Reg. No. 36436-048, 10 - 16-96 assault on
staff with serious injury.
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
U.S. v. Larry De an Mugrage , murder of LOM inmate in which
staff member died of a heart attack responding.
Convicted at
trial January 6 , 1997.
INTRODUCTION/POSSESSION OF CONTRABAND:
VENEGAS-GARCIA , Luis, Reg. No. 45264-198 (PBX)
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
BENNETT, John, Reg. No. 48157-198 (SDC) referred to FBI
1/29/97.
WORKMAN, Randy, Reg. No. 48276-198 (SDC) referred to FBI
1/29/97 .
GUIDRY, David, Reg. No. 85957-011 (SHE) -attempted rape

ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
CASTRO, Daniel, Reg. No 60992-065 (SHE) referred to FBI
INTRODUCTION/POSSESSION OF CONTRABAND:
CHAVEZ, Jose, Reg. No. 95505-012 (SHE)
ARNOLD, Jeremy, Reg. No.08537-085 (PHX)
PROPERTY: None
WEAPONS: None

••

STATISTICS

~~

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

Investigations Pending Over 60 Days:
LOM LOF
LOS
BRNDUB

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

0

2

2

AUG

OCT

NOV

Tort Claims: JAN
DEC
44
Received
55
Closed
0
Reconsidered
141
Pending
Over 6 Mo.

FEB

0

0

1

0

FO/IPA:
DEC

JAN

FEB

MAR

APR

MAY

JUN

JUL

Received
Closed 44
Pending
30 days 6
Over
6 Months 0

27

FO/IPA Pending More than 30 Days:
BRN DUB
LOM LOF
LOS

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

1

0

0

0

6

0

5 14

00

13 0

1

38

SEP

19

1

3

0

1
0
0
*Does not include inmates transferred out of Region or CCMs.
Administrative Remedies:
JAN
FEB
MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

99
Litigation:
DEC
Open Cases:
New Cases:
HC
FTCA
Bivens
Other
Closed
Lit Reports

JAN

FEB

342
27
15
2
7
3
29
10

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

March 19, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for February 1997

~~

CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS: None
DISTRICT COURT MATTERS:
TRIALS/HEARINGS:
Farmer's Insurance v. USA (BRN) , FTCA case where civilian alleges
inmate town driver caused collision. Trial February 27, 1997 in
Los Angeles. Judge took under advisement and will issue decision
by mail.
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 March 18, 1997.

u.S. v. Greene, sentencing hearing February 24, 1997.

Defendant
sought downward departure due to likelihood of victimization in
prison, received seven-level departure, resulting in 37-month
sentence for bank robbery. Judge indicated that Bureau could
properly house inmate.

Jerry Michael Hildum v. United States, (SHE), trial February 1213, 1997.
Inmate alleged sexual assault by correctional officer.
court found plaintiff failed to prove case by preponderance of
evidence and dismissed, entering judgment for defendants. AUSA
Ken Bauman and SHE Attorney Toni Brown represented the defendant.
Ben Kalka v. Warden Floyd. et aI, (PHX) , Bivens action concerning
multiple conditions. Judgement entered for defendants, Court
dismissed with prejudice for failure to prosecute.

3621(e) LITIGATION:
CA Cases
Brown v. Benov (TRM) , two-point firearms enhancement. Judge
remanded to BOP, finding that the Downey decision requires only
reconsideration by the agency to determine if inmate is eligible
for sentence reduction in all other respects.
AZ Cases
Villela-Curiel v. Floyd (PHX) , ineligibility due to detainer and
as yet has not completed DAP program.
OR Cases
Neverdal v. Crabtree, (SHE), inmate's conviction for 924(c) (4)
renders him ineligible for sentence reduction pursuant to BOP
policy.
Parties entered into Stipulated Order February 12, 1997
Court ordered sentence reduction of one year. Notice of Appeal
from Order filed February 24, 1997.
RELIGION:
Low v. Clarke-Cain (BRN) , see above.
Gainey v. Reno (TCN) , Title VII case by staff at TCN alleging
discrimination based on religious practice and ethnic heritage as
a Native American and retaliation for filing EEO complaint. Case
has gone to mediation. Mediation hearing set for March 7, 1997.
MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None

ENVIRONMENTAL MATTERS:
Office of General Counsel received notice of a CERCLA superfund
proposed settlement at a site at which TRM may have contributed
non-hazardous waste. DOJ Environmental and Natural Resources
Division has been asked by Commercial Law Branch for more
information in order to determine whether we concur with their
recommendation of settlement and wish to participate.
PHX received Notice from Arizona Department of Environmental
Quality of a failure to perform certain periodic monitoring of
its water system. Testing deficiencies will be corrected.
Information regarding specific deficiencies is still being
explored prior to complying with required Public No~ice
procedures.
MISCELLANEOUS MATTERS:
Gelis v. Sullivan (LOM) , Bivens action re hip replacement/repair
surgery refusal at USMCFP and LOM. Ten defendants granted
summary judgement October 21, 1996; the remaining four are two
physicians at USMCFP, one physician at LOM, and one physician
retired from LOM. Memo re appeal being prepared for OGC.
Graham v. USA (DUB), FTCA action in which inmate filed a tort
claim because she was hit by a roll of roofing material which
fell through the ceiling at FCI Dublin. She was represented by
counsel in the administrative claim process. Ninth Circuit found
that denial letter should have been mailed to counsel rather than
inmate claimant directly. AUSA has rejected proposed settlement
offer of $25,000.00 and will proceed with discovery.
Companion
case is Ramey v. U.S.
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 SHU at FDC Dublin. Second
mediation session February 10, 1997.
Donny Couch/Estate of Kenneth Couch v. United States, (SHE)
FTCA action for medical negligence resulting in death of former
inmate. Plaintiff seeking $6,000,000 in damages for wrongful
death.

3

SETTLEMENTS:
Craven v. Evans (SDC), Bivens action and FTCA claims against both
BOP and USMS re allegations of deliberate indifference to ankle
injury of pretrial inmate at MCC San Diego. Our Summary Judgment
motion was denied for the one remaining BOP defendant, Dr.
Douglas. We recommended appeal and referred our administrative
claim to USMS; meanwhile, USMS settled all cases through FTCA
with the DOJ Judgment Fund for $99,000.00.

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 3 (CA only)
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT:
Murder of Inmate ALFREY, at SHE
Attempted Murder of Inmate STRADER, Michael,
Reg. No. 06058-081, at LOF:
LOTICCOLO, Salvatore, Reg. No. 57203-097
DAVIDSON, Thomas, Reg. No. 23152-037
FLEMING, Daniel, Reg. No. 18418-050
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:

u.s.

v. Vandroff, prosecution of former TRM staff member for

4

agreeing to accept money from inmate for drug introduction.
Sentencing April 14, 1997.
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT: LOF inmate attempted murder {see above}
SHE inmate murder (see above)
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND: None
PROPERTY: None
WEAPONS: None

STATISTICS

~~

<4<4

APR

MAY

JUN

JUL

AUG

8EP

OCT

Investigations Pending Over 60 Days:
DUB
LOM
LOF
LOS
NEL
PHX
BRN

8AF

SDC

SHE

TRM

TCN

TOTAL

2

0

1

0

JUL

AUG

SEP

OCT

Tort Claims:
Received
Closed
Reconsidered
Pending

JAN
44

FEB

130

34
30
0
134

0

S

5S
0

Over 6 Mo.

MAR

2

1

0

0

7

FOI/PA:

JAN

APR

MAY

27
44
19

FEB
28
16
31

MAR

Received
Closed

0

0

0

.roN

5

NOV

13

NOV

DEC

DEC

OVer
6 Months

6

8

o

o

FOI/PA Pending More than 30 Days:
LOS
SHE
LOM
LOF
SDC
NEL
PHX
SAF
DUB
BRN
0
0
0
0
0
0
3
1
0
0
*Does not include inmates transferred out of Region or COMs.

Administrative Remedies:
APR
MAR
FEB
JAN
71
99

Litigation:
Open Cases:
New Cases:
HC
FTCA
Bivens
Other
Closed
Lit Reports

JAN

342
27
15
2
7
3
29
10

FEB
326
14
8
2
4
0
30
10

MAR

TRM
1

MAY

JUN

JUL

AUG

SEP

OCT

NOV

APR

MAY

JUN

JUL

AUG

SEP

OCT

6

TCN
0

TOTAL
5

DEC

NOV

DEC

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

April 8, 1997

MEMORANDUM TO WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

~~

CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS:
Albert Davis v. Joseph H. Crabtree, CA9 96-35516, D. OR CV
95-1739 AH 3621(e) eligibility case, in which the Ninth Circuit
held that conviction for felon in possession of a firearm under
18 U.S.C., Section 924(c)is not a crime of violence, and may not
be grounds for exclusion from sentence reduction eligibility_
Court held that BOP program statements are not subject to the
rigors of the APA and entitled only to some deference.
Twenty-six other 3621 (e) eligibility cases from FC! Sheridan are
now pending before the Ninth Circuit.
DISTRICT COURT MATTERS:
TRIALS/HEARINGS:
Farmer's Insurance v, USA (BRN) , FTCA case where civilian alleges
inmate town driver caused collision. Trial February 27, 1997 in
Los Angeles. Judge took under advisement and will issue decision

r
by mail.
Low v. Clarke-Cain (BRN), Religious Freedom Restoration Act case
in which inmate sought injunctive relief for practice of Satmar
sect of Hasidic Judaism. Motion for Passover furlough pending.
Trial June 25, 1997.

u.s. y.

Carlos Miranda and Chris Anderson (LOM), trial for 1993
murder of LOM Inmate James Jackson scheduled for June 3, 1997 in
Los Angeles.
3621(e) LITIGATION:
Davis y. Crabtree (SHE), see above.
RELIGION:
Low v. Clarke-Cain (BRN), see above.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None
ENVIRONMENTAL MATTERS:
USP Lompoc had been advised by Commercial Law Branch to decline
settlement of a violation with Santa Barbara County Air Pollution
Control District for $50.00. S.B. County is now threatening
legal action; further advice has been requested from OGC.
MISCELLANEOUS MATTERS:
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 SHU at FDC Dublin. Third
mediation session April 28, 1997.
Kurtz y, U.S., (SHE), FTCA for $10,000,000 from guardians of
inmate for failure to properly supervise and provide proper
medical care.
Inmate having attempted suicide by cutting himself
was placed in solitary confinement, then attempted to hang
himself and suffered irreversible brain damage.

SETTLEMENTS:
Gainey v. Reno (TCN) , EEO case filed by staff member at FCI TCN
alleging that he suffered discrimination on the basis of status
as a Native American and was victim of retaliation for filing EEO
complaints. Mediation Hearing on March 7 resulted in settlement.

Pending settlement in Graham v . USA (DUB), FTCA action in which
inmate filed a tort claim because she was hit by a roll of
roofing material which fell through the ceil ing at FCI Dublin.
AUSA has agreed to settlement offer o f $3500.00.

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 15
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT:
WEHMOFFER, Scott

Reg. No. 22947-077 (LOM)

ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
U.S. v. Vandroff, prosecution of former TRM staff member for
agreeing to accept money from inmate for drug introduction.
Sentencing April 14, 1997.
U.S. v. Washington,
introduction of tennis
probation, 25 hours of
assessment on February

prosecution of former TRM staff member for
shoes . Sentenced to three years
community service, and a special
24, 1997.

CHAVIRA, Reg. No. 06994-040 strip searched following

observation o f suspicious activity, staff found 4 wrapped
packages, 3 with cocaine, 1 with heroin. · Three additional
packages of coca ine resulted from dry cell placement.

PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
Attempted Murder of STRADER, Michael, Reg. No. 06058-081 (LOF) :
LOTICCOLO, Salvatore, Reg. No. 57203-097
DAVIDSON, Thoma s , Reg. No. 23152-037
FLEMING, Daniel, Reg. No. 18418-050
Armed assault of SCIPIO, Randolph, Reg. No. 97558-131 (TRM)
DeBOSE, Terry, Reg. No. 03718-112
DARRIN, Hale, Reg. No. 07033-112
LACOUNT, Lawrence, Reg. No. 30829-048
SANDERS, Rayke, Reg. No. 02267-112
GEOT, Steve, Reg. No. 195 99-086
PIKE, Reg. No. 04192-081 (PHX)
LESLIE, Reg. No. 26214-077 (PHX)
ESCAPE:
MARTINEZ-TREVINO, Daniel, Reg. No. 71086-198 (SDC)
MONTERRRUBIO, Jesus, Reg. No. 71114-198 (SDC)
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
RICH, Larry, Reg. No. 59178-065 (SHE)
PROPERTY: None
WEAPONS:
LOM weapons possession cases declined:
MITCHELL, Bernard, Reg. No. 04830-112
MAYBECK, Thomas, Reg. No. 07828-058
RIDDLE, Thomas, Reg. No. 09069-017

CAHILL, Francis, Reg. No. 03429-082
McPHADEN, James, Reg. No. 25454-086
CAMPBELL, Paul, Reg. No. 23125-044
CATO, Eric, Reg. No. 06007-097
TRM weapons possession cases referred:
HOWZE, Denell, Reg. NO. 06366-112
PARKER, Roy, Reg. No.
08443-112

~~

STATISTICS

Tort Claims:
DEC
Received
Closed
Reconsidered
Pending
Over 6 Mo.

••

JAN

FEB

MAR

0

44
55
0
130

34
30
0
134

0

3

0

Investigations Pending Over 60 Days:
LOS
DUB
LOM LOF
BRN

1

1

1

FO/IPA:

0

0

JAN

FEB

MAR

27
16
19
8

28
28
31
10

32

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

0

5

2

0

10

SEP

OCT

NOV

TRM

TCN

TOTAL

58
105

87

0

0

APR

MAY

JUN

NEL

PHX

SAF

0
JUL

AUG

SDC

SHE

DEC
Received
Closed 44
Pending
30 days 6

35

Over 6 Months - 0
1996 Open - 3
FOIIPA Pending More than 30 Days:
LOS
BRN DUB LOM LOF

0

0

6

1

0

0

1

0

1

0

1

0

10
*Does not include inmates transferred out of Region or CCMs.

Administrative Remedies:
JAN FEB
MAR
99
71
106

Litig,ation: JAN FEB
Open Cases: 342
New Cases:
27
HC
15
FTCA
2
Bivens
7
Other
3
0
Closed
29
Lit Reports
10

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

326
335
14 15
8
8
3
2
4
3
1
30
6
10
9

,.

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, Califomia 94568

May 9, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL

w.

Penn (W1(~
Regional tounsel

FROM:

Harlan

SUBJECT:

Monthly Report for April 1997

•• CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS:
Cort, et aI, v, Crabtree, CA9 96-36226, 96-36228, 96-36231
(consolidated) 'order issued April 11, 1997 (opinion to follow)
stating that inmates with 2113 (a) convictions for unarmed bank
robbery were not convicted of "crimes of violence" and thus
were eligible for sentence reduction. Order directed BOP to
exercise discretion in awarding sentence reduction.
DISTRICT COURT MATTERS:
TRIALS/HEARINGS:
Asberry V' Bureau of Prisons (LOS), EEO case involving former

Lieutenant demoted for conducting an unauthorized
investigation. Trial scheduled May 13, 1997 in Los Angeles.
Farmer's Insurance v. USA (BRN) , FTCA case where civilian
alleges inmate town driver caused collision. Trial February
27, 1997 in Los Angeles. Awaiting dismissal order.
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 June 25, 1997 in Los
Angeles.

U.S. v. Carlos Miranda and Chris Anderson (LOM) , trial for
1993 murder of LOM Inmate James Jackson scheduled for June 3,
1997 in Los Angeles.
Navarro V. U.S. (NEL) , E.D. CA ruling by Judge Karlton on
inmate's 2255 habeas petition. Court held that indictment by
Special AUSA was invalid due to impropriety in appointment
procedure of the SAUSA. Decision has called into question
jurisdiction of hundreds of prosecutions by named SAUSA
(County District Attorney operated as SAUSA for Sacramento
U.S. Attorney Office for 6 years). Court granted Stay of
Order, so inmate has not been released from custody, while
USAO appeals the Order.
3621(e) LITIGATION:
Hoyt Farmer V. Floyd (PHX) , 924(c) conviction case, stayed
pending Davis decision, will be administratively resolved.
Adams v. Crabtree (SHE), prior conviction for Assault II, is
basis for ineligibility for sentence reduction. Motion to
Stay filed pending 9th Cir. decision in Mason. et ale v.
Crabtree.
Renner v. Crabtree (SHE), prior conviction for Assault II, is
basis for ineligibility for sentence reduction. Motion to Stay
filed pending 9th eire Decision in Mason. et al, v. Crabtree.
Johnson V' Crabtree (SHE), 842(h) stolen explosives
conviction, argument made that case is not ripe, as inmate
does not graduate DAP until September, 1997.

Marrese

V,

Hood (TCN) , 2113 (a) bank robbery conviction.

Camper V. Benov (TRM) , prior robbery conviction.
Cleary v, Benov (TRM) , "old law" eligibility denial.
Elledge v. Benov (TRM) , 924{c) (1) use of firearm.
Gonzalez v. Benov (TRM) , enhancement case filed before Downey
Ops Memo issued.
Holden v, Benov (TRM) , allegation that CCC eligibility
requirement is an ex post facto violation.
RELIGION:
Low v, Clarke-Cain (BRN) , see above.

MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None
ENVIRONMENTAL MATTERS:
Backup boilers at LOM have been retrofitted to Santa Barbara
County environmental standards.
MISCELLANEOUS MATTERS:
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 SHU at FDC
Dublin. Third mediation session canceled. Meeting of DOJ
Representation Committee April 29, 1997 attended by Director
and General Counsel; decisions pending.
Schuett v, BOP (CSF) , Plaintiff, a wheelchair bound
paraplegic, alleges the BOP, several named staff, and the
Associate Director of Friends Outside Half Way House (FOHH) ,
violated his rights in connection with his placement at FOHH
and subsequent disciplinary action for escape. Schuett

alleges FORR was not handicap - accessible and that he
sustained injuries while hous e d there. Three days after his
arrival at FORR, Schuett "walked away".
Case dismissed April
16, 1997.
During the institution lockdown fol+owing the homicide and
assaults at LOM on April 3, 1997 the Paralegal Specialist was
assigned to the DRO office and the Legal Administrative
Assistant was assigned to assi s t the Emergency Preparedness
Officer in roster preparation .
CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM ACT:
Dixon v. U.S.A . (LOM) , dismissed for failure to provide inmate
account information .
SETTLEMENTS:
$3,500.00 settlement in Graham v. USA (DUB), FTCA action in
which inmate filed a tort c laim because she was hit by a roll
of roofing material which fell through the ceiling at FCI
Dublin.

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 8
Pre-indictment FBI investigation continuing for the
prosecution of Inmate Roy Green, Reg. No . 21545-044, for the
murder of SOS Scott Williams and assaults of four other staff
at LOM.
The U.S. Attorney's Office in Los Angeles is prepared to
seek
ten indictments for the October 1995 disturbance.
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT:

Attempted Murder of STRADER, Michael, Reg. No.
06058-081 (LOF) :
LOTICCOLO, Salvatore, Reg. No. 57203-097
DAVIDSON, Thomas, Reg. No. 23152-037
FLEMING, Daniel, Reg. No. 18418-050
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:

u.s.

v. Larry Dean Mugrage, 1993 murder of LOM inmate in
which responding staff member died of a heart attack.
Sentenced to
life without parole May 1, 1997.
INTRODUCTION/POSSESSION OF CONTRABAND:
U.S. v. Vandroff, prosecution of former TRM staff member
for agreeing to accept money from inmate for drug
introduction.
Sentenced April 14, 1997 to five years
probation, six months home detention, 2000 hours community
service, and $200.00
special assessment.
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
TAYLOR, Castalon
Reg. No. 74034-011 (DUB), inmate threw
food
and water on staff. Declined.
RENDON-ABUNDEZ, Juna, Reg. No. 56617-080 (SHE), assault on
staff. Pending.
DENT, Rodney, Reg. No. 04810-010 (SHE), assault on staff.
Pending.
DANIELS, Richard, Reg. No. 15791 (SHE), assault on staff.
Pending.
BATISTA, Miguel Reg. No. 91869-011 (DUB), minor inmate
assault. Declined.

WILLS, Anita Reg. No. 87612-011 (DUB), minor inmate
assault.
Declined.
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
CHAVIRA, Reg. No. 06994-040 (PHX) , referred for possession
of cocaine and heroin. Accepted for prosecution.
PROPERTY: None
WEAPONS: None
HERNANDEZ, Ruben

~~

STATISTICS

Tort Claims: JAN
DEC
44
Received
55
Closed
Reconsidered
0
130
Pending
Over 6 Mo.

0

FEB

MAR

APR

34
30

58
105

134

0
87

28
25
0
90

0

3

4

0

NEL

0

0

0

7

FO/IPA:
DEC

JAN

FEB

MAR

APR

Received
Closed 44
Pending
30 days 6

27
16
19
8

28
28
31
10

32
29
35
9

24

1

1

Pending.

••

Investigations Pending Over 60 Days:
LOS
LOM LOF
BRNDUB

o

Reg. No. 04880-112 (TRM).

Over 6 Months - 0
1996 Open-1
FOIIPA Pending More than 30 Days:

30

MAY

JUN

JUL

AUG

SEP

OCT

NOV

PHX

SAF

SOC

SHE

TRM

TeN

TOTAL

1

3

0

JUN

JUL

AUG

OCT

NOV

0 0

MAY

13

SEP

•

BRN DUB

0

LOM

0

LOF

7

LOS

NEL

PHX

0

0

0

SAF

1

SDC

SHE

TRM

TCN

TOTAL

0

0

0

0

0

8
*Does not include inmates transferred out of Region or CCMs.
Administrative Remedies:
FEB
MAR
JAN
106
71
99
LitiQation:
DEC
Open Cases:
New Cases:
HC
FTCA
Bivens
Other
Closed
Lit Reports

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

MAY

JUN

JUL

AUG

SEP

OCT

NOV

92

JAN

FEB

MAR

APR

342
27

326
14
15
2
4
0
30
10

335
15

344
21

8

8

0
3
1
12
9

9

2
7
3
29
10

3
3
1
6

17

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

June 13, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn,wto
Regional Counsel

SUBJECT:

Monthly Report for May 1997

•• CASES OF INTEREST ......

NINTH CIRCUIT MATTERS:
Cort, et al, v. Crabtree, CA9 96-36226, 96-36228, 96-36231
(consolidated) order issued April 11, 1997 (opinion to follow)
stating that inmates with 2113(a) convictions for unarmed bank
robbery were not convicted of "crimes of violence" and thus
were eligible for sentence reduction. Order directed BOP to
exercise discretion in awarding sentence reduction.
Opinion
has now been received basing decision on policy change not
applying retroactively.

DISTRICT COURT MATTERS:
TRIALS/HEARINGS:

Asberry v. Bureau of Prisons (LOS), EEO case involving former
Lieutenant demoted for conducting an unauthorized
investigation. Trial May 13, 1997 in Los Angeles; jury
awarded plaintiff $500,000.00. Hearing on award reduction May
17, 1997.
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 June 25, 1997 in Los
Angeles.

3621{e) LITIGATION:
Birth V. Crabtree (SHE) Petitioner denied eligibility because
of INS detainer, Motion to Dismiss filed since inmate has not
completed DAP.
Gammage V. Clarke-Cain (BRN) , program failure at CCC,
petitioner asserts that his reduction cannot be rescinded.
McFarland V. Adams (SAF) , 2113(a) bank robbery conviction.
Inmate cites Cort and Downey as authority for reduction to be
re-instated. Answer pending, have requested a stay in order
for OM to be issued.
Marrese v. Hood (TCN) , 2113(a) bank robbery conviction.
May 29, 1997 Order by Judge Zapata (by Stipulation of
parties)finds inmate eligible for sentence reduction per
but leaves sentence reduction to discretion of BOP.

~

Matthew v.Hayes (DUB), 2113(a) bank robbery conviction.
Eligibility rescinded by Change Notice.
RELIGION:
Low

v.

Clarke-Cain (BRN) , see above.

MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None

ENVIRONMENTAL MATTERS: None
MISCELLANEOUS MATTERS:
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 SHU at FDC
Dublin. Third mediation session canceled. Representation
granted for all defendants requesting. Mediation of claims
continues.
CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM ACT: None
SETTLEMENTS:
Moracco v. Reno (SAF) USAO settled case for $12,363 after
plaintiff filed de novo trial demand (arbitration award was
$O). Tucson U.S. Attorney's Office will provide memorandum
explaining action.
Inmate shackled with leg irons and belly
chain fell from institution van while being transported for
medical procedure and suffered shoulder injury.
CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 21
Pre-indictment FBI investigation continuing for the
prosecution of Inmate Roy Green, Reg. No. 21545-044, for the
murder of SOS Scott Williams and assaults of four other staff
at LOM.
Trial to be scheduled soon in U.S. v. Aaron Stone, 1995
hostage situation at LOM.
A referral for prosecution was made this month for LOS
Correctional Officer for inmate sexual contact.
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE:

u.s.

v. Betz (NEL) Inmate indicted for attempted escape and

attempted murder of post sentry on duty when inmate ran car
through gate at air base. Trial date June 2, 1997.
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:

u.s.

v. Valdez (TCN) Prosecution of inmate's wife for
introduction of narcotics scheduled for June 17, 1997.
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
DERAS-VASQUEZ, Miguel, Reg. No. 73404-080 (TRM)
KIRK, Harriet, Reg. No. 91852-011 (DUB)
THOMPSON, Karen, Reg. No. 98393-012 (DUB)
HICKOX, Bobby, Reg. No. 94966-012 (LOS)
SNIFFEN, Todd, Reg. No. 855158-022 (SHE)
GARRINGTON, Reg. No. 94302-012 (PHX)
NUNEZ, Reg. No. 10521-014 (PHX)
TAPIA, Reg. No. 59229-065 (PHX)
FERANDEZ, Reg. No. 09066-000 (PHX)
LEZINE, Reg. No. 07299-085 (PHX)
WILLIAMS, Reg. No 01797-112 (PHX)
ESCAPE:
SERNERNO-CADRERA, Mario, Reg. No. 07953-112
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
STANFORD, Johnny, Reg. No. 07735-112 (LOS)
VENEGAS, Reg. No. 45264-198 (PHX) - accepted

- declined

Weapons cases declined at LOM:
SERRANO, Elier, Reg. No. 06645-000
SWABY, Michael, Reg. No. 05115-045
SMITH, Anthony, Reg. No. 97346-012
BROOKS, Charles, Reg. No. 49230-066
Drug cases declined at LOM:
WALDRON, Brian, Reg. No. 16430-016
RITCH, Scott, Reg. No. 26474-008
PROPERTY: None
WEAPONS: None

••

STATISTICS ......

Tort Claims: JAN
DEC
44
Received
55
Closed
0
Reconsidered
130
Pending
Over 6 Mo.

0

FEB

34
30
0
134

MAR

APR

58

28
25
0

105

90 130

3

4

Investigations Pending Over 60 Days:
BRNDUB
LOM LOF
LOS

0

5 8

1

0

0

AUG

SEP

OCT

NOV

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

0

0

2

0

23

JUN

JUL

OCT

NOV

6

NEL

7

JUL

65
26
1

0
87

5

JUN

MAY

0

FOI/PA:
DEC

JAN

FEB

MAR

APR

MAY

Received
Closed 44
Pending
30 days 6

27
16
19
8

28
28
31
10

32
29
35
9

24
30
30
15

36

AUG

SEP

36

Over 6 Months - 0
1996 Open - 0
FO/IPA Pending More than 30 Days:
BRN DUB
LOM LOF
LOS

0

0

10

0

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

1

0

0

0

0

0

2

0

AUG

SEP

OCT

NOV

DEC

13
*Does not include inmates transferred out of Region or CCMs.
Administrative Remedies:
JAN
FEB
MAR
99
71
106

APR

92

MAY
108

JUN

JUL

Litigation:
DEC
Open Cases:
New Cases:

JAN

FEB

342
27

326
335
15
14
8
15
2 3 0
4 3 3
0 1 1
30 6 12
10
9

HC
FTCA
Bivens
Other
Closed
Lit Reports

2
7
3

29
10

MAR

APR

MAY

JUN

344
21
8
1
2
0
10
9

348
14
17

11

9

JUL

AUG

SEP

OCT

NOV