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Date:
Reply to
Attn Of:

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United States Government

memorandum
June 10, 1997

Sherree L. Sturgis, Regional Counsel
Southeast Region

Subject:

May, 1997 SER Litigation

To:

SER CEOs, Regional Administrators
Institution Attorneys and Paralegals
Wallace H. Cheney, General Counsel
Joyce Zoldak, Associate General Counsel
Regional Counsel

New Cases - Civil
I.
DONALD P. CHAPPELL v. VINCENT DISANTO
Court: Northern District of Georgia
Docket No.: 1:96 CV-I725
Institution: USP Atlanta
Type of Case: Personal Liability
Subject: MEDICAL TREATMENTS
Facts alleged: ATL inmate in 1996 claims that he has chronic pain from a foot injury from the Vietnam
war. Staff have refused pain medication, change in job, and special shoes.
Damages Requested: 400,000.00; Not assigned to special monitoring
Assigned to: Jane Swift, Assistant U.S. Attorney, Atlanta, Ga~ Terry Collins, Attorney Advisor. ATL

2.
AUGUSTO G. FALCON v. PATRICK WHALEN
Court: Southern District of Florida
Docket No.: 97-1488
Institution: FDC Miami
Type of Case: Habeas Corpus
Subject: CONDITIONS OF CONFINEMENT
Facts alleged: MIM inmate in 1997 claims confinement in SHU since 1991 is not justified by security
concerns and therefore is punishment without due process. He suffers mental and medical problems as a
result.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Robyn Hennann, Assistant U.S. Attorney. Chief, Civil Division, Miami, Florida~ Michael
Pybas, Attorney Advisor, MIM

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3.
SALVADOR MAGLUTA v. PATRICK WHALEN
Court: Southern District of Florida
Docket No.: 97-1490
Institution: FDC Miami
Type of Case: Habeas Corpus
Subject: CONDITIONS OF CONFINEMENT
Facts alleged: MIM inmate in 1997 claims confinement in SHU since 1991 is not justified by security
concerns and therefore is punishment without due process. He suffers mental and medical problems as a
result.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Robyn Hermann Assistant U.S. Attorney, Chief, Civil Division, Miami, Florida; Michael
pybas, Attorney Advisor, MIM
RICHARD FRESON v. US
4.
Court: Southern District of Florida
Docket No.: 97-1373-CV-GRAHAM
Type of Case: Personal Liability and Tort
Subject: ASSAULTS
Facts alleged: Civilian working as a private courier in 1994 was assaulted by stafTwhile
attempting to deliver a package to an employee at MIA. A staff member punched him in the
head, broke his glasses, and caused his head to strike a flagpole, resulting in extensive bleeding.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Vivian Rosado, Assistant U.S. Attorney, Miami Florida: Michael Pybas, Attorney Advisor.
MIM
5.
GILLERMO GILv. WARDEN WILLIEJ. SCOTT
Court: Northern District of Georgia
Docket No.: I:96-CV-03071
Type of Case: Personal Liability and Tort
Subjects: MEDICAL TREATMENT, CONDITIONS OF CONFINEMENT
Facts alleged: Inmate claims in 1994 in ATL he injured his ankle playing soccer. Staff ignored a prison
hospital determination that he could eat in his unit. He was required to go down steps in housing unit and
to dining hall on crutches. Elevator did not work. He fell down the stairs injuring his neck and spine.
Access to medical care was delayed. Staff would not permit food to be brought to him in his cell.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Curtis Anderson, Assistant U.S. Attorney, Chief. Civil Division. Atlanta, GA; Terry
Collins, Attorney Advisor. ATL
CHARLES EDWARD HUNTER v. DANNY HOBBS
6.
Court: Middle District of Florida
Docket No.: 97-422-CV-J-20A
Type of Case: Habeas Corpus
Subject: CLASSIFICATION
Facts alleged: COL inmate in 1997 claims his PSI Report is incorrect.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Ralph Lee Assistant U.S. Attorney, Jacksonville, Florida; Darrin Scott. Attorney Advisor•
COL

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7.
DOROTHY JEAN JONES v. L. R. GREER
Court: Northern District of Florida
Docket No.: 497-CV-098
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts alleged: TAL inmate in 1997 seeks a one year credit for completing DAP. Credit was denied
because of two level enhancement on her sentence for possession of dangerous weapon.
Damages Requested: 400,000.00; Not assigned to special monitoring
Assigned to: Jane Swift, Assistant U.S. Attorney. Atlanta, Ga; Terry Collins. Attorney Advisor, ATL
8.
JESSIE LEE MYLES v. UNITED STATES
Court: Northern District of Florida
Docket No.: 5:97-CV-76/RH-2/MD
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts alleged: MNA inmate in 1997 claims that he should be eligible for a one year credit on his sentence
tor the completion of DAP because he is currently serving a sentence as a not based 011 a crill1\;: or
violence. He claims discrimination against current non-violent offender.
Damages Requested: 0; Not assigned to special monitoring
Assigned to: Michael Finney, Assistant U.S. Attorney, Pensacola, Florida; Sterling Dawson, Paralegal
Special, MNA

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ISHMAEL VALLADE v. BUREAU OF PRISONS et. al
9.
Court: Northern District of Georgia
Docket No.: 1:96 CV-1332-RLV
Institution: USP, Atlanta
Type of Case: Federal Tort Claims Act
Subject: PROPERTY
Facts alleged: Inmate claims his property was lost when he was transferred from JES to GUA in 1994.
Damages Requested: 10,000.00; Not assigned to special monitoring
Assigned to: Curtis Anderson; Assistant U.S. Attorney, Chief, Civil Division, Atlanta, GA; Terry
Collins. Attorney Advisor, ATL

Significant Activity On Existing Cases - Civil
I.
NICHOLAS LASORSA V. SALVATORE SEANEZ
Court: Northern District of Georgia
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject: CLASSIFICATION
Facts: MNA inmate in 1996, claims should receive 12 month sentence reduction for completing (DAP).
He should not have been classified as "violent criminal" for use of weapon. as per BAI LEY.
Significant Activity: 03-28-1997 Magistrate's report recommends dismissal based on inmate's request.
04-25-1997 Order dismisses case.

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2.
GEORGE JOHN LAURENTI V. STEVE MORTON, et al
Court: Southern District of Florida
Docket No.: CIV-96-2382

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Type of Case: Personal Liability
Subject: ASSAULTS, MEDICAL TREATMENT
Facts Alleged: Hermann MIA inmate claims SORT used excessive force while quelling
disturbance during Hurricane Andrew in 1992. Evacuated to Duval County. no medical care for a rash.
Significant Activity: 05-07-1997 Order dismisses case for inmate's failure to appear at status conference.
Inmate is a fugitive.
3.
CHARLES RELIFORD v. U.S.
Court: Northern District of Georgia
Docket No.: 1:95-CV-I 002-JTC
Type of Case: Federal Tort Claims Act
Subject: PROPERTY
Facts Alleged: ATL inmate in 1994 seeks $100 for property lost in the mail where officer allegedly
refused to allow inmate to insure the package before sending it to TDG.
Significant Activity: 12-29-1996 Order dismisses case for inmate's failure to correct defects in service on
defendants. Appeal to Eleventh Circuit. 96-2347. 01-29-1997 Appeal dismissed.

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4.
WILLIAM VASQUEZ V. U.S. BUREAU OF PRISONS, et al
Court: Southern District of Florida
Docket No.: 92-2201-CIV-MARCUS
Type of Case:
Subject: Personal Liability
Facts Alleged: Inmate presently at SPG claims MIA staff members failed to secure his property when
placing him in administrative detention.
Significant Activity: 05-28-1997 Order dismisses case with prejudice.
5.
ELENA RIVERA V. U.S.
Court: Southern District of Florida
Docket No.: 93-1 380-CIV-KING
Type of Case: Federal Tort Claims Act
Subject: TORT
Facts Alleged: Civilian alleges that in 1990. a MIA staff member was negligently operating a car which
collided with hers, causing her injury. Offered $37,000 in settlement of administrative claim.
Significant Activity: 05-17-1994 Dism issed based on settlement.

Criminal Cases

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I.
GERRARDO RODRIGUEZ-RAMOS, 09407-069
Institution Tracking No.: ATL:95-7006
Name of Case: U.S. v. Rodriguez-Ramos
Court: FGAN. Docket No.: 1:97-CR-128
Institution: ATL
Date of Offense: 03-11-1996
Description: Inmate set fire to cell.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: 03-19-1997 Indicted for arson. Trial schedu led for 06-22-1997
Assigned to: AUSA: Dave Nahamias

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2.

JOHN HUMMANSTI, 57495-065

Institution Tracking No.: ATL-96-0069
Name of Case: U.S. v. Hummansti
Court: FGAN, Docket No.:
Institution: ATL
Date of Offense: 12-13-1996
Description: Inmate assault on stafT member, C.O. Christine Scott.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: 03-19-1997 Indicted for Assaulting C.O.
Assigned to: AUSA: Joe Plummer

3.
DESMOND MORRIS, 83529-022
Institution Tracking No.: ATL-96-0243
Name of Case: U.S. v. Desmond Morris
Court: FOAN, Docket No.:
Institution: ATL
Date of Offense: 09-12-1996
Description: Inmate assaulted staff, Judi Parks, Robert Willis, Melvin Adams
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: Indicted, 05-29-1997 Pretrial Conference.
Assigned to: AUSA: Katherine Monahan
4.
JACK QUARLES, 42883-019
RICHARD ELIFF, 20244-001
Institution Tracking No.: ATL-96-0277
Name of Case: U.S. v. Quarles
Court: FOAN, Docket No.:
Institution: ATL
Date of Offense: 10-10-1996
Description: Escape - Inmates observed crossing street to convenience store.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: Pending indictment
Assigned to: AUSA: Beverly Mitchell
5.
ANTHONY BATILE
Institution Tracking No.: ATL-94-4170
Name of Case: U.S. v. Battle
Court: FOAN, Docket No.: I:9S-CR-S28
Institution: ATL
Date of Offense: 12-21-1994
Description: Inmate killed correctional officer, D'Antonio Washington with hammer.
Special Monitoring: Death of Staff
Status of Referral: Accepted
Update: Convicted, sentenced to death. 04-03-1997 Motion for New Trial, Sentencing Hearing and

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Correction or Reduction of Sentence.
Assigned to: AUSA: McKinnon. Jenkins

6.
RICKY JONES, 10724-018
Institution Tracking No.:
Name of Case:
Court: • Docket No.:
Institution: JES
Date of Offense: 05-06-1997
Description: Inmate Michael Graham beaten on head. 24 sutures to close laceration.
Special Monitoring: Not assigned to sp~cial monitoring
Status of Referral: Accepted
Update: Will indict for Assault with intent to kill.
Assigned to: AUSA:
7.
LARRY COWARD, 12989-056
TRAVIS JEFFERSON, 91086-071
Institution Tracking No.: 7034
Name of Case:
Court: , Docket No.:
Institution: EST
Date of Offense: 05-04-197
Description: Inmate Coward approached staff for film to take photos in visiting room. Film given. When
camera bag searched later, found unopened can offilm. Can contained marijuana.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: Awaiting indictment.
Assigned to: AUSA:
8.
STEVEN HOLLOWAY, 01839-112
Institution Tracking No.:
Name of Case:
Court: , Docket No.:
Institution: COM
Date of Offense: 05-22-1997
Description: Inmate in SHU for assaulting inmate destroyed cell. Broke window. pulled holted in desk
from wall. Threw carton of milk, striking staffmember. When staff entered cell for forced move, soap
on floor caused staff to slip. Injured two stafTby striking with heavy object in sock.
Special Monitoring: Not assigned to special monitoring
Status of Referral: Accepted
Update: Indictment pending
Assigned to: AUSA:

June Travel Plans

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Sturgis - AL 6-13, 6-16, 6-23

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Vandivier - AL 6-16 to 6-30
Cotton - ML 6-2 to 6-13, AL 6-19 to 6-20