Fbop Ncr Monthly Report 2002jan
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.... ~o.yce . ... - . - .. _00. Zoldak - jan_02.rpt.wpd Page 1 ( U.S. Department of Justice Federal Bureau of Prisons North Central Regional Office Tower II. 8th Floor 400 State Street Kansas City, KS 66101-2421 February 11, 2002 MEMORANDUM FOR CHRISTOPHER ERLEWINE ASSISTANT DIRECTOR/GENERAL COUNSEL GENERAL COUNSEL AND REVIEW DIVISION FROM: DARYL KOSIAK. Regional Counsel SUBJECT: Monthly Report (January 2002) LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: INST NUM He FTC BIV OTH ANS PEN CLD HIT SET AWD NCR 21 12 3 4 7' 23 463 91 13 1 0.00 Total cases for Calendar Year· 317 -Includes Mental Health Cases under 18 USC § 4245 (not counted in the total number) NUM· HC FTC· BIVOTHANSPEN· CLD- HIT' • SET· AWD· Number of total lawsuits filed in the month Number of habeas corpus actions filed In the reporting period Number of FTCA actions flied Number of Bivens actions flied Number of other actions flied, e.g., mental health, mandamus Number of litigation reports completed Number of cases pending Number of cases closed Number of hearings or trials (include in narrative) Number of settlements (include in narrative) Number of Awards (Include In narrative) .--- ---------------------- 4309 ------ ·. .. Joyce Zoldak - ja~_02.rpt.wpd Page 2 - - - - - - - - - - - - - - - - - - - - - - --_. ---_.. --- ._----_ ........ - _. ( North Central Region Regional Counsel Monthly Report January 2002 Page 2 NCR o 2 o o 19 Petitions filed Hearings 18 USC § 4245 6 4 18 USC § 4246 8 5 Mental Health o 8 o 0.00 ADMINISTRATIVE CLAIMS JAN #Pending 212 #Received 46 #Answered 48 #Over6 month #Pending FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ( 1 203 Total for Calendar Year· 46 ADMINISTRATIVE REMEDIES JAN #Received 228 #Answered 239 # Rejected 108 FEB MAR APR MAY JUN Total for Calendar Year· 228 4310 JUL AUG SEP OCT NOV DEC ." .. . Joyce Zoldak - jan_02.rpt.wpd ( '< Page 3 North Central Region Regional Counsel Monthly Report January 2002 Page 3 FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS FOIAIPA JAN #Pending 74 #Received 82 #Processed 60 #Backlog 0 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total for Calendar Year - 82 ADVERSE DECISIONS Nothing to report. SETTLEMENTS OR JUDGMENTS White v. U.S., Case No. 96-M-952, USP Florence This was an FTCA action alleging staff failed to protect the plaintiff from assault by another inmate in SHU. The AUSA settled the action during the settlement conference on January 23. 2002.TIie. case' was settle~ for $~3~0~0. DECISIONS OF INTEREST Diego Gil v. James Reed. et al., Case No. OO-C-724-C, FC. Oxford The Defendant's Motion for Summary Judgment was granted on January 30,2002. dismissing all claims. The plaintiff had alleged the defendants provided him with inadequate medical care in violation of the 8th Amendment, and that the U.S. was liable under FTCA for the negligent or reckless provision of medical care. McHenrv v. USA, Case No. 01-3256-CV-S-4-H, USMCFP Springfield This case was dismissed on January 9, 2002. Petitioner had alleged that respondent was denying him 17 months incarceration time due to a detainer lodged against him while he was in state custody awaiting adjudication on the state detention. -------_._----_ ...- .. ---.-._-_ .. _-_ .. 4311 Joyce Zoldak - jan~02.rpt.wpd Page 4 ,------------_._--------_...._---_. --~ ..- - -. . --" North Central Region Regional Counsel Monthly Report January 2002 Page 4 PENDING CASES OF INTEREST . Michael F. Disch v. Lt. Friar. et aI., Case No. 01-C-6S0S, MCC Chicago On January 22, 2002, the plaintiff signed an agreed stipulation to dismiss with prejudice this Bivens action pursuant to Fed. R. Civ. P. 41(a)(1)(ii). The original document was forwarded to the AUSA for his signature and filing with the court. This action was initiated after the inmate mentioned he wanted to dismiss his case. but did not know how. Bryant v. Hines. et at, Case No. 97·S-891, USP Florence On January 11, 2002, the plaintiff offered to settle this matter against all defendants for $10,000. The offer is being reviewed and discussed with Mary Mason. Torts Branch. This is a Bivens action wherein the inmate is claiming abuse and cover-up by several staff members in 1996. Willis v. Holt, Case No. 01-WM-224S, USP Florence This is a habeas action wherein the inmate claims his due process was violated as a result of being disciplined and sanctioned without receiving prior "fair notice" that refusing to go to the compound from SHU was a prohibited act. The inmate also argues that ordering him to the compound when he placed himself in SHU for protection, and using his refusal as evidence of guilt violates his constitutional right to protection. Zaldivar-Castillo v. Gunia, Case No. 01-Z-231S, USP Florence This is a habeas action wherein the inmate is challenging his indefinite incarceration as an INS detainee under Zadvydas. The inmate is a Mariel Cuban. A declaration concerning the inmate's efforts to exhaust his administrative remedies was provided to the AUSA on January 31, 2002. The remainder of the litigation assistance will be provided by the INS. Bean et. al. v. U.S., Case No. 01-1025, FCI Greenville This is an FTC A action alleging that an officer negligently allowed the finger of a child to be slammed in a door. The child allegedly suffered amputation of the fingertip and permanent scarring. The mother allegedly incurred medical expenses and lost wages. Damages in the amount of $500,000 and attorneys fees are sought. RELIGIOUS FREEDOM RESTORATION ACT No new cases. UPCOMING HEARINGS AND TRIALS Kikumura v. Hurley and Gallegos, Case No. 98-8-1442, ADMAX Florence Chief Judge Babcock set another status conference in this matter for February 28,2002. During this conference, the Judge will determine whether there needs to be a hearing on the merits. pursuant to Rule 65. The Judge also granted the plaintiff limited discovery, which includes ten admisSions, ten interrogatories, and ten requests for production in preparation for a hearing on 4312 ( Joyce Zoldak - jan_02.rpt.wpd Page 5 ---_._ .. - - - North Central Region Regional Counsel Monthly Report January 2002 Page 5 the merits. US v. Stroud, Case No. OO-CR-0133,-FCI Florence Trial in this matter is set for February 11. 2002. J. D. Crook assisted AUSA George Gill in obtaining central files and medical records of numerous inmate witnesses. and also provided a crime scene tour to the defendant's private investigator on February 5.2002. Van Somere" v. United States, Case No. 01-5005, FMC Rochester This is an FTCA action filed in the Western District of Arkansas. The matter is set for trial to begin on February 19. 2002. The legal department has provided extensive assistance to the AUSA as he is unfamiliar with prison litigation. CRIMINAL MATTERS State v. DeForest, FCI Greenville On January 10. 2002. Timothy DeForest was sentenced to 45 months in the Illinois Department of Corrections for the attempted introduction of cannabis into the institution. ('. USP Terre Haute On January 7. 2002. Inmate Tommy Ray McAdoo was sentenced to 70 months imprisonment following his guilty plea to assault with a deadly weapon. Inmate McAdoo struck inmate Marshall Fitzgerald numerous times with a steel bar. Fitzgerald sustained serious injuries including the loss of his left eye as a result of the assault. PERSONNEL ISSUES STAFF TRAVEL AND LEAVE February 11-15 February 19-21 San Diego South Carolina February 19-21 South Carolina February 1-7 February 8 Glynco. GA Annual Leave February 4-25 February 26 Salt Lake City Annual Leave February 11-15 San Diego ", .0. 0 • •_ 4313 ••• ___ • • • . • • • • _ . , _. _ _ _ _, _ _ _ _ _ ':D.JJ