Fbop Ncr Monthly Report 1993feb
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UNITED STATES GOVERNMENT memorandum DATE: ~~~~~~~haw, Regional Counsel Central Region LY REPORT TO : Wallace H. Cheney, Assistant Director General Counsel and Review PENDING TRIALS/HEARINGS There were no r e ports of p e nding trials or hearings receiv ed from the institutions within this region. DECISIONS/SETTLEMENTS/CASES OF INTEREST Glad s on v . u.s. Pe n i t e nti a ry, 92-3505, D. Kansas, USP Leavenworth. Plaintiff alleges that def e ndants have improperly withheld records which he requested pursua nt to the Freedom of Information and Privacy Acts. Specifically, he claims that certain medical records were never released to him. Institution staff were never informed of the inmate's requ e st for medical records a nd upon notice of the inmate's request prov ided him a ccess to the releasable portion of his medical file. Decision of the Court is pending. Mill e r v . United States, 91-3257-RDR, D. Kansas, USP Leavenworth. Plaintiff was s eeking r e covery under the FTCA for injuries sustained during a riot at the Penitentiary which occurred in June 1990. The district court held the discretionary function exception [28 USC § 2680(al] to the FTCA barred the prisoner's claim and issued an order granting s ummary judgment in favor of the United States. united States of America v. Morgan In this criminal case arising at the USP Leavenworth the inmate was found guilty of criminal assault and possession of a weapon. The court sentenced the inmate to 120 months consecutive. Sell a rs v. Carlson, 80- 4038, Southern District of Illinois, USP Marion. This action relates to the inmate's complaint of ineffective medical treatment for his diabetic condition. The case was appealed following a di s missal and subsequently reopened. The court has a ppointed counsel for the inmate and is considering whether to allow discovery. united States v. Kiz e l, 90-CR-114, E.D. Wis. Defendant Kizel, a convicted drug dealer incarcerated at FCI Tallahassee, returned to the Eastern District of Wisconsin pursuant to a sentence reduction motion. In support of the motion, inmate Kizel wrote a sev enteen p a ge letter to Judge stadtmueller complaining of medical treatment and housing while at MCC;;p,~~j,£R,'iiI01~o. ,. ( REV . I~O) GSA FPMR (., CFR) 101-11 .1 5010.1,. "U.s. GPO: 18Q2-312-071 / e0D'28 The court did not seek any response from the BOP, and the AUSA did not object to the letter's veracity. The Judge found Kizel's treatment to be "unconscionable" and stated he was going to hold a hearing on the matter in March with the Director and the Warden of MCC present. We have filed with the court a detailed fifteen page report outlining the details of Kizel's various periods of incarcerations at the MCC. wi th minor exception, inmate Kizel was treated appropriately and suffered no harm. We are awaiting the Judge's reaction to he report. STAFF TRAVEL AND LEAVE John MARCH MARCH MARCH MARCH 4 & 5 16 & 18 22 - 26 31 Englewood Leavenworth Central Office Oxford Daryl MARCH MARCH MARCH MARCH MARCH 4 & 5 9 & 10 16 & 18 29 30 & 31 Englewood Rochester Leavenworth Duluth Sandstone Jackie MARCH 23 - 26 Annual Leave Paul Erv MARCH MARCH 18 & 19 22 - 31 Annual Leave Denver Gary MARCH 26 Annual Leave