Fbop Mxr Monthly Report, Feb, Fbop Mxr, 1995
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
MAR-03-1995 14:48 FROM TO BOP MARO 9-2023072995 p.e1 ~ UNITED STATES GOVERNMENT • memorandum ~ D....Tt: li.=?LYTO ....TTSOj:: March 3 I 1995 ?\·fid-Arlantic Regional Office, Annapolis Junctioll. MD 20101 ~~rlingto~. Regional Mid-Atlantic Region Feb=uary 1995 Monthly TO: .~rr~: Nancy Redding, Executive JAN FEB Received Answered 106 91 106 as TORT CLAIMS JAN FEB # Pending 1/ Received '61 72 178 Qswered 54 178 200 1 JAN FEB 63 36 40 60 36 60 53 44 72 34 LITIGATION JAN FEB Case Pending New Cased Received Habeas Corpus I Bivens 293 8 291 12 3 FOI/PRIV ACY #I Pending 11 Received it Answered # Pending # Over 30 Days FTCA Other Cases Closed Cases Pending Lit Reports Completed Cases/Hearing or Trials :JmentsiAwardS laments/Awards '. \ In Tnousands) 1 4 1 2 MAR Ass~stant APR MAY JUN JUL AUG SEP OCT NOV DEC DEC MAR APR MAY jUN JUL AUG SEP OCT NOV MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MAR MAY JUN JUL AUG SEP OCT NOV DEC ._. ------ 73 47 4 nding ver Six Month . Repcr~ Wallace H. Cheney, G:neral Ccunsel ADMINISTRATIVE REMEDIES (, Cc~nsel APR 8 1 0 12 28 291 14 3 0 SO 282 15 -_.--'-- 1 1 $55 OPTION."L FORM ~ (740) FAX TRANSMITTAL r:,erm_~ T)J ... o~.(g C:. Fa.~ . '" -'\ (.:3 . (fl 0 I Phcnc:_~ ~:Jc -;~ qq""" ~ IFn o I I __ ::J , .-;J , ~'J ~ - I~ ~ MAR-03-199S 14:48 FROM TO BOP MRRO 9-2023072995 P.02 Page 2 MXA MonthlY Report ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC. Bu~li~gton, Regional Counsel, ~Ji~~ travel to t~e Regional office to plan the Natio~al Legal Mee~ing with Sherree Sturgis 3ill on !1arcn 23 - 24 . Wa~da Hunt, Ceputy Regicnal Cou~se~, will be in Morgantown on March 7 attending oral arguments on a Motion for Surernary Judg~ent in ~he Jones ".l. iJS~. case o~= of FeI l'-lorganto~Yn. This case is a FTC'.A a.ction i~ \"hicr. t:he i nrr.ate alleges that he was .chvsicall'l. assaulted by a st.aff member. ~ Cheryl BehY'1r.er I Honors Attorn~y, 'oAI'ill be attending a LEI class on Introduction to FOIA O~ March 8. en the afternoon of March 9 an~ all day March 10, Cheryl will be attending a mandat.ory p:-ofessionalisrr: co\~rsF.: fer the virginia Bar. Marian Callahan, Assista~t Regional C:':l.J.Ilsel, 'Aiill be on annual leave March 27-31. Rick Shott, Attorney officer March Adv~50r, USp Ter~e Haute, will be duty 1~-20. Teresa Marvel, Paralegal Specialist, VSP, Terre in annual training March 7-10. Haut~, will be SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: FMC Lexington and FCl Ashland - Visitors - Jane Graham, Chief Civil ~ivis~on, 3astern Cist=~cc of Ken~uckYI and newly assigned ~.USA Shelley Cha-:field were provided a cour of Lexington by .:roe: Tang J P.-= torney, on ?ebruary 28, and a tour of Ashland by Randy Smith, ?aralegal Specialist on March 1. Also joining them for the tours was Mr. Satoh, a prosecucor from Japan who is spending four weeks in the u.s. Attorney's Office. FPC "Alderson - Salmonella Outbreak Report - The West Virginia Bureau for Public Heal~h's final report of the September 1994 salmonella outbreak at FPC )..lderson !lC:lS been completed. The report identified seven co~fi~med a~d 31 probable cases of salnonella. The report could not iden~ify the cause of the initial infection, but noted egg pocl~ng and inadequate dishwasher temperature as violations. The report included lS recommendations and focused on the staff about preventive measures. ne~d to educate inmaces and SUBSTANTIVE PLEADINGS (COMPLAINT, MOTION FOR SUMMARY JUDGMENT, ETC.): None SETTLEMENTS: ~one 3094 MAR-12I3-1995 14;49 - FROM BOP MARO IU Page :; MXR Monthj~1 Report ADVERSE DECISIONS OR SIGNIFICANT DECISIONS: Casto~ v. 3.5., 94-74-C ~S.D. I~ci.) USP Terre Haute In an excellent decision, Judge r-!cKinney ruled that the discretionary function exemption to the FTCA precludes i~nates from challenging the wayan institution manages asbestos. This ce=ision should help us successfully conclude a ser~es of 20 or ~ore cases that had alleged inmates were intentionally and negligently exposed to friable asbes~os at Terre Haute.· The bread reasoning ef this qpinion would also apply to t~e way our institutions manage any major hazard, such as toxic wastes, salmonella, HIV etc. We have asked to have the opinion p~blished. Goggin v. U.S., 91-273S-r·1I/J:., (i'l.D. Tenn.), FCll'1emphis On Febr~ary 14, 1995, the court sranted_~he inmate plain~iff S55,000 in this FTCA medical malpractice case. The plain~iff () had a pre-existing serious injury to his right ankle wherein a pin was surgically placed in the bone p=icr to entering the BOP. At FC! Memphis he twisted the same ankle playing softball on October 22, 1989. He first sougbt medical treatment on October 24, 19~9, W}lere he-was diagnosed wit~ a sprained a~Kle and- told to return on October 27. Plainti=f returned to HSU on October 26 complaining of pain, mo~e swelli~g, fever and sweats. The PA examining the plainti:f refused to allow him to see a physician and sent him back to his housing uriit. On October 29, 2S89, the plaintiff was transfer~ed to a community hospital with a high-fever and he was delirious due co osteomyelitis. The community hospital staff =ecommended amputation of the foot, but plaintiff refused. ?laintiff remained in the community hospital fo~ approximately two monchs. During the trial plaintiff presented evidence that the government medical records had been altered. Based on. this, the government had to concede a breach in the standard of care. However, the government medical experts testified the plaintiff would be in the same physical conditi~n today regardless of the treatment received at FeI Memphis due to the gravity of the ini~ial injury. The C9urt chose to give more \'ieight to the plaintiff s experts and inmate witnesses than to staff testimony. The plaintiff demanded $1 million for loss of f~ture earnings as an aerobatic pilot and for pain and suffering. The AUSA involved in the case and the FC! staff attorney Tern Read, felt before the judgment that $40,000 to $50,000 award would be a victory. The recommendacion not to appeal should be considered as the altered medical records were not mentioned in the opinion, and one wi~ness for the defense has been killed since the trial. Office 0: Internal Affairs was nccified as soon as the altered medica: records were i~~rod~ced a: erial a~d the invesciga~ion is ongoing. I 3095 r:'\AR-03-1995 14:51 H~UM 1:i\';~ I'IH~U Page 4 MXR Monthly Report (At " UPDATE ON CASES, TRIALS OR HEARINGS, ETC. NOTED IN PRIOR REPORTS: ~~~~~~u~.~s~ .. 95-~4 (E.D. Ky,) Fe! Ashland action that was taken _ nst inmate Davido~'J by FPC Eglin. Inmate Davido\\T a Lubavitch Je\~ refused to woz·k for seven days following the death last June of Rabbi Schneerson (liThe Rebbe U ) . The inmate I I was given an incident report for refusing to "'ork. He was found to have com~it~ed the prohibited act, and was transferred to Ash:and. .~ attorney has filed suit claiming tha~ our disciplinary action violates his right to practice his religion unoer RF~.. He have been in contact with Central Office Chaplaincy Services, as they were invol,\Ted with this matter when it first arose. was justified by We will contend that o~r action leg~~iffiate security concerns, that our action did not significantly burden his exercise of his religion, and that there was no least restrictive m~ans to achiev: our gcal. Wood v. Hahn, et al., 3:9S-CV-133, E.D. Va., Fe! Petersburg c') Plaintiff, seeking TRO to reinstate telephone privileges, alleges that his telephone privileges were restricted for unauthorized use cf ~he telephone (in conducting a business) by the UDC without due process. He asserts this sanction violates his rights ~c protect his property and unlawfully curtailed his access to his attorneys; and that his attorney's request for telep~one calls were denied by unit staff. Plaintiff is represented by attorney from the local law firm of El-Amin & Crawfcrd and an Ohio attorney. On Thursday, February 23, a heari:lg was held en the 'fRO before Judge Spenser in Richmond. Plaintiff was represented at the hearing by EI-Arnin. The Uni tad StateS \-las represented by Bob JasPen, AUSA. The AUSA did ar. outstanding job arguing that essentially plaintiff seeks to challenge a. ODe action without fir-st ,-?-sing administrative remedies available within the BOP; the UDC was a minor disciplinary action; and if the court was to rule on it, the standard enumerated in Hill of some fact was the standard. AUSJa. Jaspen clearly distinguished to the court that plaintiff's telephone restrictions were social telephone calls only and did not restrict privileged attorney/client calls, which are not made through the ITS, but by the inmate requesting such a call through staff. He pointed out that p:aintiff had not made such a request to staff, and that plaintiff had alternative means of communicating with his attorney through correspondenCe and visiting. The Judge, after hearing the arguments, denied the request for the TRO a~d indicated he would issue a written opinion in the future. Milt Williams, Paralegal, and James Bridgeforth, Cor=ect~onal Counselor, atten~ed the hearing a~d briefed the J._USA !=-r:'c= to t:hs hearing. REPRESENTATION NOT RECOMME~6FOR STAFF: None MAR-03-1995 14:52 FROM BOP MARO IU Page 5 MXR Monthly Report SIGNIFICANT FTCA CLAIMS: None SIGNIFICANT ADMINISTRATIVE REMEDIES: 3097 None ~ a. New Utigation Cases by Institution and Type Received During the Month of February 1995 If) (J\ (J\ ('\1 ['~ ALD ASH BUT CUM LEX MAN MRG MIL BIV 0 0 0 0 , 2 1 2 FTeA 0 0 0 0 1 0 0 He 0 2 0 0 0 0 OTH 0 0 0 0 0 TOT 0 2 0 0 2 - tl') ('\. tSt f\I I (J\ o I- -- MLL PET SEV THA MXR TOT o . 0 2 0 0 0 8 O· 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 2 1 3 0 0 2 0 0 0 12 . New Litigation C~ses MEM I by Institution and Type Received Calendar Year to Date o ~ a: E ALD ASH BUT CUM LEX MAN MAG MIL MEM MLL PET SEY THA MXR TOT 0 0 0 0 1 3 1 5 0 0 2 0 0 0 12 0... a m a BIV .. rTeA 0 0 0 0 1 0 0 0 1 0 0 0 0 0 2 He 0 2 0 0 0 0 1 1 0 0 0 0 0 0 4 ~ OTH 0 a 0 0 0 0 1 1 0 0 0 0 0 0 2 If) TOT 0 2 0 0 2 3 3 7 1 0 2 0 0 0 20 ,~ u. C\I I If) ..... (J\ (J) ..... -- I 1·1) lSI I ~ E ." ',",-,/ " .~ "