Fbop Ncr Monthly Report 1995aug
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u.s. Department of Justice Federal Bureau of Prisons North Central Region Kansas City, KS 66101-2492 September 8, 1995 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN R. SHAW, Regional Counsel SUBJECT: MONTHLY REPORT (August 1995) LITIGA TJON AND RELATED ISSUES STA TISTICS: Line 1 = New Cases Filed Line 2 = Total New Cases in Year LmGATlON: JAN DEC 25 FEB 15 40 Pending MAR 36 76 APR MAY JUN JUL AUG 16 12 1239 104 116 799 28 155 183 92 SEP OCT NOV SEP OCT NOV ADMINISTRATIVE CLAIMS: JAN 'FEB DEC (, 58 55 113 Pending MAR APR MAY JUN JUL AUG 57 170 67 237 86 6770 66 460 526 323 390 188 2976 (~ ADMINISTRA TIVE REMEDIES: JAN DEC 155 FEB MAR APR MAY JUN JUL AUG SEP 125 280 143 423 125 548 152 150 700 850 136 992 173 1165 OCT NOV ADVERSE DECISIONS: John M. McCarthy v. USA et al. Case No. 95-Z-320, District of Colorado, ADX Florence. (, Magistrate Judge Borchers has recommended denying the government's motion to dismiss this action for equitable relief only. Plaintiff McCarthy alleges the BOP practice of not providing access to state law materials has impeded his access to the courts. McCarthy, convicted under the Armed Career Criminal provisions of 18 USC 924 (e), requested Florida state material for the purpose of challenging state convictions which. had been used to enhance his federal sentencing. ADX legal staff provided inmate McCarthy with several avenues for obtaining state legal materials. Magistrate Borchers relied on the Tenth Circuit's decision of Petrick v. Maynard, 11 F.3d 991 (10th Cir. 1993) in finding the BOP had some obligation to assist inmate McCarthy in obtaining the state law materials. I recently forwarded to Joyce Zoldak and Jeff Shorba a memorandum outlining my concerns and proposed action alternatives to deal with this continuing Tenth Circuit problem. Objections will be filed. SETTLEMENTS OR JUDGMENTS: After extensive consultation with the U.s. Attorney's Office and the Office of General Counsel, we offered settlement, under the administrative claims section of the FTCA, to inmates Dixon, Weeks and Barnett for injuries they allegedly suffered at USP Leavenworth in June, 1993. Barnett marnett v. FBOP, et al, Case No. 95-299-JR, District of Columbia and subsequently transferred to the District of Kansas) accepted an offer of$1000.00 and Weeks (Weeks v. USA, Case No. 94-3381-RDR, District of Kansas, USP Leavenworth) accepted an offer ofSl,500.00. Dixon, who is represented by counsel, rejected an offer of$1,500.00. PENDING CASES OF INTEREST: Dixon v. USA, et al•. Case No. 94-3309-RDR, District of Kansas, USP Leavenworth. There has been no formal decision from the DOJ Torts Branch regarding representation for the 2977 named defendants in this hybrid FTCA\Bivens case. The NCRO provided the Torts Branch with a supplemental memorandum justifying representation for the defendants. The AUSA who was defending the action withdrew from the case and a new AUSA has made an entry of appearance. The AUSA who was defending the Weeks action was reluctant to respond on behalf of the United States until the DO) Torts Branch makes a decision regarding representation in the Dixon action. After motioning for a further 30 day extension, she withdrew from the case and a new AUSA made an entry of appearance. Farmer v. Brennan: Seventh Circuit Case No. 94-3787, Case No. 91-C-716 S, Western Following remand from the Supreme Court, the defendants renewed District of Wisconsin) their motion for summary judgment which was granted by the trial court. lrunate Fanner appealed. The Court of Appeals has appointed counselitoTepresent Farmer. Oral argument is scheduled for Wednesday, September 27, 1995 in Chicago, Illinois. RELIGJOUS FREEDOM RESTORATION ACT CASES: I Wa'il Mansur Muhanned v. Reno, et ai, Case No. 94-N-2234, District of Colorado, USP Florence. The plaintiff has sued seeking to compel the BOP to refer to him by his adopted religious name which has been legally changed by a state court. plaintiff has a similar action pending in the District of Arizona (Muhanned v. Floyd, et a1, Case No. CIV-94-1077-PHX-RCB). The U.S. Attorney's Office made a motion to transfer the Colorado case to Arizona and combine the two into one action. Mr. Muhanned has moved the court in Colorado to dismiss his Colorado action without prejudice. CRIMINAL MA ITERS None ADMINISTRA T1VE CLAIMS OF INTEREST None. STAFF TRAVEL AND LEAVE Sept. 26 - 27, 1995 Chicago, Farmer Oral Argument September 28, 1995 John 2978 USPMarion September 29, 1995 FeI Greenville (~ Daryl None Planned Matt September 1, Last Day In NeRO Dan September 1 - 8, 1995 Gaither v. Reno trial in Abilene, TX. Gwen N9ne Planned Gary September 5-8, 14,15 Annual Leave Janet None Planned Rick September 5-8, 11-15, Institution Note: FTCA backup disk mailed to Mary Rose Hagan on August 31, 1995. 2979