Usdoj Fbop Memo Re Quarterly Litigation Rep Oct 1 96 Thru Dec 31 96 1997
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UNITED STATES GOVERNMENT memorandum Date: January 14, 1997 Reply to David R. Essig, Regional Counsel, Northeast Region Attn of: Federal Bureau of Prisons, Philadelphia, Pa. 19106 Subject: Quarterly Report - October To: 1,1996 through December 31.1996 Wallace H. Cheney, General Counsel and Assistant Director, Federal Bureau of Prisons Washington, D.C. 20534 Attached are the statistics requested for the quarterly report for the first quarter of FY 1997. The following is a synopsis of the significant cases in litigation during the quarter: SIGNIFICANT DECISIONS, HEARINGS OR TRIALS 1. Benjamin Mackey v. Bureau of Prisons, Civil No. 96-5286 (E.D.Pa ) Inmate Benjamin Mackey, 09717-054, at Fel Schuylkill, filed a rambling habeas corpus action challenging a DHO finding that he possessed marijuana and the calculation of prior custody credit. Judge Shapiro held a hearing on the petition for Thursday, October 17,1996. The court stated from the bench that Shl' was only focusing on two issues: whether the Bureau properly calculated the Inmate's parole violation term and whether the DHO forfeited more statutory good tllne than was available at the time of the infraction. The court requested all additional declaration detailing these issues. Hank Sadowski assisted the AUSA at the hearing. The court has not yet rUled. 2. Lloyd v. Levine, et aI., Civil Action No. 96-18:~'1 CD.N.J.) Judge Simandle held a hearing on October 21, 1996 ill til" above case. Counsel for Inmate Michael Lloyd, 44935-066, filed what purports to be a § 1983 action requesting essentially injunctive relief to order the inmate to be placed in a CCC for 180 days. He alleges that his CCC placement was improperly influenced by recommendations from sentencing jUdge and AUSA. In addition to the Warden and other Fort Dix staff, the sentencing judge and the AUSA are named as defendants. We moved to dismiss the complaint. Attorney Al Munguia represented the Bureau. Plaintiff's attorney raised new factual allegations cpncerning alleged improper contact by the FBI. The court requested a declaration addressing these allegations. On November 4, 1996, the court granted our motions and dismissed the action. 3. United States v. Legrano, 93 CR 1231 (E.D.N.Y.) On October 23, 1996, Judge Ross called MCC NY Attorney Dominique Raia to request Dr. Voulo (staff physician) testify in a sentencing hearing ASAP (in 40 minutes) for Joseph Legrano, 13548-053. Dr. Voulo was Legrano's "treating physician" while at MCC NY. Legrano had a val"iety of medical problems and was regularly seen in vari.ous clinics. The issue was whether the BOP could care tor Legrano properly if housed at a BOP facility. Dr. Voulo testified as to several specific medi.ci'll conditions and essentially covered his medical treatment since his incarceration with the BOP and opined that the BOP could adequately care for him. Dominique attendeci the hearing. Legrano was sentenced to 25 years. 4. United States v. Santiago. at al., 96 Cr 402 (S.D.N.Y.) On October 23, 1996, Judge Leisure held a hearing cOllcerning the scheduling of a co-defendant meeting for the puq)(me of a plea offer to all defendants. The court instruct t'd l hE:' MCC NY to make arrangement for a codefendant metinq !Ol October 28, 1996 at 2: 00 pm. Attorney Alma Lopez ilt If'ndE:'d the hearing. 5. Moscato v. Federal Bureau of Prisons. 98 F.3d 757(3d Cir 1996) --- tn4Ris case, the Third Circuit established the procedural default rule for habeas corpus cases. The inmate, Phillip Moscato, 08126-050, brought a habeas corpus action challenging a DHO decision from 1993. The primary issues below were the sufficiency of the evidence to support the DHO finding and the denial of a requested witness due to unavailability (the witness was at FPC Allenwood and the inmate had his DHO hearing at LSCI Allenwood). sl~~dministrativ~Rije~ls b,y the inmate were rejected as untimely, Following thecCAh·'Circuit. the Cetll{ of ~ppe-8ls held that the doctrine of procedural default applies in habeas corpus actions challenging inmate discipline. When an inmate has not fully exhausted administrative remedies and no longer has such a remedy. a court could not consider the habeas petition unless the inmate established cause for the failure to exhaus,t and prejudice resulting therefrom. ,-this ease, the inmate eoutd-not estabttSllcause. and the court did not need address whether there prejudice. Hank 9'dowski haa presen~ral a ument before the Cou f App Is~~ July 1999! / ,/ // / trOljbli~ootnote ~ '''-- witn~~'ses, / . I There i • in dicta, a on unavailability Ttl: court /'-. .' focus on the distance between FPC Allenwood an he LSCI AlleT)Wood and que loned whethe,(/1he request~d inmate witness were unavail(;lb'le. The be r justificatigr:rls institution seeuf!ty since bri ing inmate wi~sses from one i titution i~t~:~lnother always causes'se~rit isks. We have..passed this reeell i1lleny:atron ·tb-'he-oHOs at the-Camp " 6. United States v. Diekan. Cr 95-10382 (D. Mass.) Inmate John Diekan. 20946-038. was serving a 5 month sentence at a CCC in Boston. The CCM ordered him to submit to a routine blood test as part of his physical required to remain at the CCC. Diekan refused and asserted religious grounds. He told the CCM that sometimes he was a Christian Scientist and sometimes he was a Catholic. The CCM found that Diekan had requested weekend passes to attend evening religious service at a Catholic Church The CCM denied his request not to submit to the blood test. Diekan (a former attorney) filed an emergency motion to enjoin the Bureau from "retaliating" against him for failure to submit to the blood test. Judge Keeton (the sentencing judge) scheduled a hearing for Monday. October 28. 1996. The court asked CeM Pete Weld to attend the hearing, The CCM told the court that alllnrnates were so screened to ensure there were no communicable diseases. and. If he continues to refuse. Diekan would be placed in a federal institution so he can be isolated. The court dismissed the motion for lack of jurisdiction. The next day the inmate agreed to the blood test. 7. United States y, Gonzales, No. 95-1605 (S.Ct.) Oral argument ift ERie eriminal appeal was heard before the Supreme Court on December 11, 1996. The issue was whether a federal sentence imposed under 18 U.S.C. § 924(c), which prohibits concurrent service Uwith any other term of imprisonment, II may be ordered to run concurrently with a state sentence, i.e., does "any other term of imprisonment" encompass state sentences as well as federal. The position of the United States was that it encompasses state sentences as well. ,lliguel Est~ (who argued v. a :~ present~d argument on behalf of.-the/unit tl States;/ Th~~/~ argumep't went well and/the C9urt had a irm graf=!,p' that /tlte stat?te/wa~ directeg;to federal sente ces'and wasn.o~/an att~pf to control ~~~entenCing (j' ~reti~//' Hahk Sadowski assisted Mr. Estrada at the a rgumelU(. I 8. Terrance Jones v. Meko, Civil No. 96-4 (W.D.Pa.) On November 27, 1996, the United States District Court for the Western District of Pennsylvania granted the petition for writ of habeas corpus in the above case. The court summarily adopted the Report and Recommendation of the Magistrate Judge which found that the Bureau incorrectly concluded Petitioner was ineligible for 18 U.S.C. § 3G21(e) early reduction because Petitioner Terrance L. Jones, Register No. 03840-055, had committed a crime of violence. We had construed the order granting the petition as one finding Jones eligible for early reduction. Notwithstanding Jones's otherwise release date of December 12, 1997, the institution was exploring CCC placement for community transition. This had the impact on reducing the maximum possible reduction for Jones to about 6 months. On t tH~' basis of a letter written by Jones to the court, JUdge McLaughlin held a telephone hearing on December 11, 1~96. Dave Essig represented the Bureau. The Judge concluded that his intention was that Jones receive the maximum benefit and ordered Jones released on December 12, 1996. 9. Hunter y. Malinov, Civil Action No. 96-1195 (E.D.Pa.1 Inmate Milton Hunter, 18759-016, brought a Bivens action against medical staff at FCI Schuylkill alleging that he had prostate cancer and staff has not properly treated him. Inmate had since been transferred to FCI Cumberland. '.m December 12, 1996, Judge Shapiro held a status conference to go over discovery issues. The primary problem was a demand by appointed counsel to photograph portions of the medical department at FCl Schuylkill. Hank Sadowski assisted the AUSA. Counsel for Hunter agreed to withdraw his request for photos until he toured the FC!. 10. Harris v, Bureau of Prisons, et aI" (E. D. Civil No. 96-6549 Pa. ) Counsel for former inmate William Harris, 44917-066 filed a combination FTCA and Bivens complaint against the Bureau of Prisons and staff at FCl Schuylkill, alleging negligent medical treatment for a detached retina in early 1995. As a result, he allegedly lost sight in one eye . . None of the Bureau defendants have been served. The U.S. Attorney was served on December 3, 1996. Judge Marvin Katz held a pretrial conference on December 18, 1996. Joyce Horikawa assisted the AUSA at the conference. ~ I Plaintiff's attorney reported that Plaintiff recently died of a heart attack, and she was not sure if she would pursue the case. She also indicated that she did not know the jurisdictional basis for her allegations of statutory violations. The court gave her 30 days in which to file an amended complaint, naming the United States as the sole defendant under the FTCA. Plaintiff agreed that she would request no more than $100,000.00. The jUdge indicated that once Plaintiff filed an amended complaint, he would place this case on the arbitration docket. 11. ~ , I'" \ \ United States v, Marsico, Criminal No. 96-261 (E.D.Pa.) Defendant, Michael Marsico, Reg. No. 49961-066, had a sentencing hearing on December 19, 1996 before Judge Robreno. The Defendant had pleaded guilty to 2 counts of bank robbery. Defense counsel requested a downward departure from the applicable sentencing guidelines because of defendant's history of drug abuse and psychological problems, including two post-arrest suicide attemptG. Counsel was implying that the Bureau of Prisons could not adequately treat the defendant. Joyce Horikawa attenrlpo the hearing with Dr. Gerard Bryant, the Regional Psychology Administrator. The AUSA advised the court that Bureau of Prisons staff were available to address the treatment available to inmates. On questioning from the court, defense counsel conceded that the Bureau of Prisons could handle defendant's psychological problems. The court denied defendant's motion for a (~downward departure, and sentenced Marsico to a sentence of : 156 months. Judge Robreno stated, given defendant's inability to correct his drug addiction on his own, the Bureau may be the only place where Marsico could adequately address his drug problem. '! 12. United States v, Zampardi, 96 Cr 749 (E.D.N.Y.) Inmate Michael Zampardi, 00128-748, a pretrial detainee at MDC Brooklyn, filed a motion with the criminal trial judge, Judge Gleeson, to be removed from administrative detention. Zampardi was placed in protective custody after the AUSA advised that the FBI received reliable information that a contract was taken out for his life. The detainee offered to "waive" his safety and alleged that the isolation is adversely effecting his health. Judge Gleeson scheduled a hearing for November 1, 1996. The wrong inmate was brought to the hearing and the hearing was held on November 4, 1996. Attorney Azzmeiah Vazquez assisted the AUSA at the llf~al"ing. On November 6, 1996, the court dismissed the motion for failure to exhaust available remedies within the BOP. 13. United States v. Celester, Crim, No. --- (D.N.J.) On December 2. 1996, released defendant William Celester had a sentencing hearing before Judge Garrett Brown in Trenton, NJ. Celester was the former Police Director for Newark. NJ. Celester argued, in part, for a downward departure from the sentencing guideline range of 21 to 27 months, because he had a series of medical problems which could not be handled "given the modest state of penal medicine in many facilities." Celester has hypertension. congestive heart failure and malabsorption syndrome secondary to an intestinal bypass. The AUSA submitted a letter from Regional HSA asserting that the medical problems could be handled at any federal institution (also confirmed with Medical Designations). Assistant Regional Counsel Joyef> Horikawa attended the hearing. The court himself questioned the defendant 5 doctor and determined the doctor was unaware of the medical capablhlle~ of the Federal Bureau of Prisons. Not only did the court reject the defendants 'pquest to go below the sentencing guidelines, the court imposed a sentence of 30 months. above the guidelines because Celester violated the public trust. 14. Fisher v. Goard. et aI., 96-CV-0486 (W.D.N.Y.) New York State inmate Amy Fisher (Illong Island lolita" of Joey Buttafuoco fame) is alleging that a number of New York state institution staff have had sex with her, some with her consent, some without. She has filed a civil rights action against numerous state officials. As part of her relief, she has moved the court to order her transferred to the Federal BOP. The United States is not a party to the action. We have filed an Amicus brief asserting that the court has no jurisdiction and that there is no authority to order the United States to take a state prisoner. Judge Arcara held a hearing on December 3, 1996. The Judge focused on our argument that revised 18 U.S.C. § 3626 sets the standard for his decision on injunctive relief. Nett'1'te1~1'airrtif1h1l:nhe'''NI!M"¥errk-stalte-eefet:t6atAts ~~SSE~~tatueirr elr brief . The court requested Plaintiff to subrriira-' s onse to this argument within'14 days. The Plaintiff submitted a response ct serting that Section 3626 is unconstitutional and requested the court to certify the issue to the Attorney General under 28 U.S.C. § 2403(a). We are contacting F;ederal ProgfSflls1o--seeif11iey want to file a lesponse·-GA~stitutionallty-of---> ~3G2&. 15. United States v. Hammer, 4:CR-96-239 (M.D.Pa.) Inmate David Hammer, 24507-077, has been charged with the April 1996 murder of an inmate at USP Allenwood. The United States Attorney has requested authorization from DOJto seek the death penalty. On November 21 & 25. 1996. Judge Muir held hearings on a motion filed by defense counsel challenging the attorney visiting procedure at USP Allenwood. Defense counsel ohJected to the number of searches (pat and visual) of Hammer to and from each ViSit Defense counsel also objected to non-contact visits. Attorney Hope Mora aSSIsted the AUSA at the hearings. In an 31 page opinion dated December 5. 1996. the court denied the defendant's motion. 16. State of New York v. Marc Johnson, Crirn. No. 13048/95 (Supreme Ct. N.Y.) Federal parole violator Marc Johnson, 24552-053, in hOl1fJed at MDC Brooklyn pending the parole revocation hearing by thr tJ.S. Parole Commission. Johnson is also facing New YOI k lit <It e charges for attempted murder. The Parole Commission denied the District Attorney's request for production because the Commission was to conduct their revocation hearing first. New York State Justice Lott held a hearing on November 21, 1996 to determine if the State had violated speedy trial rights. The ISM from the MOC testified at the hearing concerning the efforts made by the prosecutors to secure the defendant and concerning the position of the Parole Commission. Azzmeiah Vazquez assisted the state prosecutor at the hearing. The state court reserved ruling. 17. United States y. Solomon, -- CR -- (S.D.N.Y.) On November 4, 1996, Judge Preska held a hearing on allegations by Pretrial detainee Amir Solomon, 36098-054, that he had wanted to attend the trial but was physically unable to do so. In a prior proceeding, the detaine~ had tried to throw a chair at the Judge. To no one's surprise, the Judge then found that the accused waived his right to attend the trial, with re-entry only with the court's permission. Solomon was trying to argue that all the proceedings held in his absence were improper because he was medically unable to apply for reentry. At the hearing, MCC NY staff testified concerning Solomon's ability to attend the court proceedings. Dominique Raia attended the hearing. The court found that Solomon attempt to allege a medical excuse was not credible and determine that he voluntarily did not attend the proceedings. 18. United States v. Muyet, 95 CR. 941 (S.D.N.Y.) On November 13, 1996, Judge Leisure held a contempt hearing on why one of his prior orders was not complied with by MCC NY. The court had ordered that legal materials be dropped off and delivered to the defendants on a Saturday. Instead the inmates did not receive the materials until the following Monday. Despite written instructions to st~tf, the materials were inadvertently placed in the mail loom instead of being immediately delivered. The Warden personally appeared at the hearing and apologized lo the court for the error. (Dominique Raia was at the ~~bu~ hearing below). The court accepted the apology. On November 20, 1996, the law clerk for the judge cwkpd the Warden to agree for a one time visit between detainpf' .John Muyet, 38027-054, and a non-family visitOl·. ArrawWlnf'llls were attempted for the visit, but the inmate could not contact his visitor and demanded instead that she be added to his permanent visiting list. The inmate threatened that if his request as denied, the Judge would make the Warden appear in court again. The Warden sent a letter to the court advising hi.m of this situation and has not had to reappear in court. 19. United States v. Mathurin, CR (S.D.N.Y.) On November 13, 1996, a former Physician's Assistant at MCC NY testified in the criminal trial of Pierre Mathurin, 42870-054. As part of his defense to drug charges, the inmate alleged that he had a leg injury which required him to have a narcotic in his possession. The former PA testified that the inmate did not have a leg injury which required him to take a narcotic. Dominique Raia attended the hearing. 20. United States v. Leggett. 4:CR-94-0097 (M.D.Pa.) Defendant Michael K. Leggett. Reg. No. 83644-011 was charged and found guilty (on November 13, 1995) of assaulting a Unit Manager at USP Allenwood in April 1994. On March 25, 1996, during the sentencing hearing, inmate Leggett assaulted his counsel. On October 17, 1996, after the inmate/defendant was evaluated by at least two mental health experts and new counsel appointed. a hearing was held specifically to decide if Leggett was competent to be sentenced. After the mental health expert testified, USP Lewisburg Attorney Mike Tafelski testified (Leggett was held as a holdover at Lewisburg) that according to a previous P.S.1. from a 1992 sentencing, he acted as his own "attorney" and that during a conversation Mike had with him he appeared to understand the significance of the issues discussed. Judge Muir found the inmate to be competent and sentenced him, on Novembel 4, 1996, to 36 months (and one year supervised releasp) tel run consecutive to his present sentence. SETTLEMENTS AND AWARDS 1. Miller v. Reno, 4:CV:93-1475 (M.D.Pa.) Three day trial in EEO case concluded on February 29. 1996 with a JUry verdict adverse to the BOP. The staff member was reassigned to his prior correctional officer position after serving as a case manager trainee for 13 months. The staff member alleged that this reassignment was based on race discrimination. In addition the staff member asserted that the reassignment was retaliatory since it occurred two months after he made a complaint about racial remarks made by his supervisor. The jury found for the staff member on both counts. The case finally settled. We agreed to afford Plaintiff a Case Manager position at USP Lewisburg, attorney fees of $37.500. and damages of $15,000. . 2. McCarthy v. United States, 4:CV-95-0723 (M. D. Pa. ) Inmate Arthur McCarthy, 49352-080, filed an FTCA complaint alleging medical malpractice caused him to lose sight in his right eye. o~~ ~eQi~yJ expQr~ eeBelHses enaL a two week dE!J 8}' :i:R ~re'\·iEliH~ ene inmate cafe fot a detached Letind" was GQ&siEle Efte apP~opLiaLe eeaftaa~a sf cyre Wit~ the necQssary eeReHrl."encel!l,~is case was settled for $110,000. 3. Wagner v. United States, Civil No. 4:CV-96-0289 (M.D.Pa. October 18,1996) Judge McClure entered summary judgment against the United States and in favor of Inmate Michael Wagner, 03718-010, in the amount of $172.90 plus costs. The inmate had been taken to Special Housing at USP Allenwood and his property was left unsecured for over three and a half hours. 'Ie h.ad argued tbat the oOlftplaint: sfisyld be d; sm; saed becaU§e an ±nstitl:ltien emeIgellc:y kept staff from securing the property. The court found that the discretionary function exemption would not apply in this case because the institution was back to normal operations prior to the placement of the inmate in SHU. -We are I€colllluending against appeal. 4. Gonzalez y. United States, 95-CV-7448 (E.D.Pa.) IllliI'!.te Mario Gonzalez, 12380-075, tl.led a Fedcl:'al Tort Claims complaint alleging that his property worth $1682.50 was lost at FiCI schuylkl.ll aff:"'er an illstit\.lt; QJ1 tranoter. The leLurft leceipt was signed by st.a-ff but t.he box wan never lo'cated. Inmate rejected OUI attempt to ee-t~ie the ~ d . . . 1 i ~ l'J .• E-TC .... P"',-'" I a Hll:Rl:st::lat:10e C a iii an IoughL thIS aetl:ol1. 'Cane Bettled for $750.00. I"i 5. Jones v. United States. 94-CV-5086 (E.D.Pa.) This FTCA case was brought by former inmate Rother Jones, Reg. No. 36662-066, who suffered a massive brainstem hemorrhage on October 18, 1991, after being transferred from FCI Loretto to FCI McKean, via USP Lewisburg. Jones had been under prescribed medication to control hypertension. Approximately 2-3 hours after arriving at FCI McKean, he suffered a brainstem hemorrhage, which left him paralyzed from the neck down and affected his speech. lRe 88J1:'l(:llaiRt elleged tliet the failUie to plOvide Jones his medication on October 18, 1991 was the cause of his brainstem hemorrhage. TRe sese was ssl'leduled fa. (rial On Novemrlel 1:!, 1996. Case was settled for $65,000 because of lack of records concerning medication and because of serious nature of injury. Attachments NORTHEAST REGIONAL OFFICE LITIGATION gUARTERLY REPORT FROM 10/01/1996 TO 12/31/1996 LOC NUM MXR NER 44 SER NCR SCR WXR CO TOT HC FTC BIV OTH ANS PEN CLD HIT SET AWD 16 5 17 6 33 570 54 19 4 1 NARRAliVE ANALYSIS DEFINITIONS: LOC - LOCATION NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER HC - NUMBER OF HABEAS CORPUS ACTIONS FILED FTC - NUMBER OF FTCA ACTIONS FILED BIV - NUMBER OF BIVENS ACTIONS FILED OTH - OTHER ACTIONS FILED ANS - NUMBER OF LITIGATION REPORTS COMPLETED PEN - PENDING CLD - NUMBER OF ACTIONS CLOSED HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE) SET ~ NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE) AWD - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE) GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE IN NARRATIVE) LITIGATION - 1997 He FTC BIV OTH ANS 34 6 17 4 57 70 38 4 14 14 NER 53 21 12 14 SCR 99 73 5 SER 67 31 WXR 56 CO TOT LOC NOM MXR 61 NCR PEN 2ND QUARTER REPORT AWD SET CLD H/T 353 33 1 0 7 UNK 342 71 2 0 1 5 22 573 SO 9 1 2 $18,757.87 18 3 75 211 22 6 0 1 $6,000.00 7 16 12 60 722 44 0 0 0 31 7 14 4 29 335 65 4 0 2 17 0 1 9 7 16 52 7 1 0 0 423 228 102 49 259 2588 292 23 1 13 42 AWD/SET $97,767.00 $222,000.00 $344,524.87 DEFINITIONS LOC - Location NUM - Total Number of Lawsuits filed in Quarter HC - Number of Habeas Corpus Actions Filed in Quarter FTC - Number of FICA Actions Filed in Quarter BIV - Number of Bivens Actions Filed in Quarter OTH - Other Actions Filed in Quarter ANS - Number of Litigation Reports Completed PEN - Number of Actions Pending CLO - Number of Actions Closed HIT - Number of Hearings or Trials (Narrative Analysis Follows) AWO - Number of Awards (Narrative Analysis follows) SET - Number of Settlements (Narrative Analysis Follows) AWO/SET - Amount of Settlements and Awards LITIGATION ANALYSIS The total number of lawsuits filed increased by 77 from last quarter, as did the total in all categories except Bivens, with 423 filed in this quarter and 346 filed in the first quarter. 1997 QUARTERLY LITIGATION REPORT SECOND QUARTER I. SETTLEMENTS AND AWARDS MID ATLANTIC REGION Fitzpatrick & Oliver v. USA, FPC Millington. Two cases brought under the Federal Tort Claims Act (FTCA) were settled for $16,987 and $12,773 respectively. An inmate driver who while speeding, rear-ended another vehicle and injured the passengers. The inmate was cited by the police for following too closely. Leacock v. Reno, FPC Alderson. An African American physician discharged from Alderson claimed race was the motive. The case settled for $65,000. This case was tried by a jury in November, with the jury awarding the physician $30,000. The plaintiff then filed a motion for attorneys fees and costs totaling $97,000. At the hearing on the government's motion for a new·trial, the judge urged settlement at a figure one half the amount we would have been forced to pay, considering attorney's fees and costs. The settlement agreement included a provision that there was no admission of discrimination in this settlement. Mitchell v. USA, USP Terre Haute. Bivens/FTCA case, property settlement for $7.00. Barrios v. U.S., Elder v. U.S., Wilson v. U.S., FPC Alderson. Three FTCA cases alleged negligence based on an outbreak of salmonella poisoning. A settlement was reached with each plaintiff in the amount of $1,000. SOUTH CENTRAL REGION ,Maria Ramos v. U.S.A., FPC La Tuna. An FTCA action brought by the mother and daughter of a former inmate at FPC La Tuna. The daughter has cerebral palsy and uses a wheelchair. In October 1993, when the family went to visit inmate Juan Ramos, there was no handicapped ramp to access the visiting area and the daughter had to use a rear entrance that was not meant for handicap access. Ramos' wheelchair hit a concrete bump, which dislodged her from the wheelchair. She sustained almost no physical injuries. Tilt:" court awarded $30.00 in actual damages, and $5,970.00 in pain and suffering. NORTHEAST REGION Matos v. United States, MCC NY. A civilian filed a COmplillllt alleging negligence that caused her to slip and fallon Gtcllrs in the institution. There was an injury from the fall; but t h'-loe was little evidence of negligence. The AUSA settled this caSe fOl' $6000. Rivera-Torres v. United States, LSCI Allenwood. Inmate fil~d a FTCA complaint alleging that he slipped and fell on ice ilt LSCI Allenwood in March 1994. The inmate sustained a fracture to his right ankle, which required a cast for several months. His recovery was hampered by his diabetes. No specific records could be located for snow and ice removal for the day in question. Case settled for $12,500. Allen v. United States, LSCI Allenwood. Inmate Allen, filed a FTCA complaint alleging that his property was lost when he was taken to the Special Housing Unit at LSCI Allenwood. On January 31, 1997, the court granted our motion for judgment against the U.S. for the FTCA $174.65 and for costs of $83.22 (the filing fee paid by the inmate) . NORTH CENTRAL REGION Baramdyka v. BOP, FCI Florence. Foreign jail credit case in which the BOP provided an inmate 28 months jail credit, immediate release, and $1000.00 in settlement. The inmate was released on March 4, 1997 and signed a stipulation holding BOP and all staff harmless thus waiving his right to sue in the future. WESTERN REGION Jimmy Joe Fields v. BOP, Fcr Stafford. Estate of deceased inmate agreed to settle for $40,000. Inmate, released from FCI Stafford, alleged inadequate medical diagnosis and care for throat cancer. Gainey v. Reno, FCI Tuscon. EEO case filed by staff member at Fcr Tuscon alleging that he had 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 in the amount of $182,000 including attorneys fees. Central office staff represented BOP at mediation. II. SIGNIFICANT CASES NORTHEAST REGION United States v. Gonzales, 117 S.Ct. 1032 (1997) On March 3, 1997, the Supreme Court held that a federal sentence imposed under 18 U.S.C. § 924 (c), which prohibits conCU1TPll~ service "with any other term of imprisonment, may not be 01 d"led to run concurrently with an existing state sentence. The COlll~ lloted, in dicta, that the Bureau of Prisons is responsible fOl- etqq: "qdt lOll of the sentence under 18 U.S.C. § 3584. It Fisher v. Goord, et al., 96-CV-0486 (W.D.N.Y.) New York State inmate Amy Fisher alleged that a number of !~ ...... VOl Yo state institution staf f have had sex with her, some wi t h h.·: consent, some without. She filed a civil rights action dq ... n::! numerous state of f icials. As part of her relief, she hel:: m, ··.·f·d t b.· court to order her transferred to the BOP. The United St d~ .':: If; not a party to the action. The U.S. filed an Amicus bli.'~ asserting that the court had no jurisdiction to order th.' \'::~t.·d States to take a state prisoner. The court has certified' :;.. ~:;:;,j' to the Attorney General under 28 U.S.C. § 2403(a). Fedel": Programs was advised and they requested the AUSA to file a brief upholding the constitutionality. We expect to file a brief by May 1, 1997. Li v. Canarozzi, et al., 95 Civ. 0706 (S.D.N.Y.), MCC NY, This is a Bivens complaint brought by former pretrial detainee Jian An Li, 44661-053, who alleged that six officers at MCC NY assaulted him on an elevator on November 10, 1994. The case went to trial February 3 through February 14, 1997. The jury returned a verdict in favor of all defendants and found that the injuries sustained by the Plaintiff occurred during the disturbance on the unit, not in the elevator. Linn v. Wigen, Civ 96-3147 (E.D.Pa.), FCl Schuylkill. Former inmate Michael Linn, brought a Bivens action against staff at Fcr Schuylkill, Regional Counsel, and Central Office Appeals Administrator Ed Crosley alleging primarily that (1) he was denied CCC placement because he was Jewish, and (2) he was denied surgery for a shoulder injury and was given work assignment contrary to his medical problem, A non-jury trial was held on March 13, 1997, ;\t the close of evidence, the Judge ruled from the bench a:.: .:.::,-!'~:. judgment for all defendants. III. SIGNIFICANT HEARINGS AND TRIALS NORTHEAST REGION Palmer v, United States, CV-95-383 (M.D.Pa.), USP Lewisbu~g. This is a FTCA case filed by an inmate who alleged that he slipped and fell. His administrative tort claim was for $1000, and in his complaint, requested damages in excess of $25,000. The judge granted our request for a bifurcated trial limited to th~ issue of whether the inmate can claim damages above that requested in his administrative claim. This part of the trial was held OIl JcUlUC11"Y 15, 1997, No decision has yet been rendered. SOUTH CENTRAL REGION L. J. and Maylene Carter v. U.S., LR-C-95-407 (ED/AR) FTCA action for reimbursement for subsistence fees ChCllq .. d while they were housed in a halfway house because the Judgment "wi Commitment Order, contained the form language that "thr· ! Ill" includes any costs of incarceration and/or supervision." "n January 21, 1997, the court ruled that we acted within Oli! authority 'in collecting the subsistence fees, and that ()~;: d('t lOW: were not in violation of the J & C, The court also not , .. j : !LI! plaintiffs did have a choice in the matter - if they d I ,j : : ' : Wdll~ to pay subsistence, they could have been housed in Cl ("' : : ,.: ; :'11.1: institution, where no subsistence or costs of inca~celd: : ( :...... Ol! 1d have been assessed. Spaniol v. USA Family of deceased inmate claims BOP's negligence led to the inmates wrongful death. A trial was held in Sherman, Texas on March 12-13, 1997. The judge ordered both parties to submit their closing briefs within 10 days. The Deputy Civil Chief, feels very optimistic of our chances of prevailing.