Fbop Ner Monthly Report 1992apr
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05/11/1992 05-07-1992 TO: ================ 07:11:06 u.s. STU, PATTY FYI - MIKE P. GOVERNMENT MEMORANDUM WALLACE·H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS WASHINGTON, D.C. 20534 FROM: DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106 SUBJECT: LEGAL ACTIVITIES REPORT, NORTHEAST REGION ************************************************************************* ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT 1992 JAN FEB MAR APR MAY JON ADMINISTRATIVE REMEDIES JUL AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC TORT CLAIM INVESTIGATION STATUS: AS OF 4/30/1992 ALW DAN FAI LEW LOR HCK NYM OTV RBK SCH 12 30 24 6 7 # PENDING ON FIRST # RECEIVED IN MONTH # }~:SWERED IN MONTH # PENDING END OF MO # OVER 30 DAYS 05/11/1992 07:11:11 32 45 60 67 115 117 54 100 107 45 60 70 000 ================ TORT CLAIMS (1992) # # # # # 31 49 48 32 0 JAN FEB MAR APR MAY JUN PENDING ON FI~ST 148 159 143 151 RECEIVED IN MONTH 45 38 54 52 ANSWERED IN MONTH 34 54 46 61 PENDING END OF MO 159 143 151 142 OVER 6 MONTHS 0 0 0 0 FOI/PRIVACY (1992) JAN FEB MAR APR MAY JON #.PENDING ON FIRST # RECEIVED IN MONTH # ANSWERED IN MONTH # PENDING END OF MO # OVER 30 DAYS # PENBING # INV OVER 60 DAYS 05/11/1992 07:11:17 66 27 34 59 44 4 o 63 61 48 76 36 59 43 39 63 42 12 o 76 47 51 72 47 17 o 24 o 7 o o 5 o o o ================ LITIGATION ACTIVITY, 1992, NORTHEAST REGION JAN FEB MAR APR MAY JUN # CASES OPEN 247 253 259 264 # NEW CASES RECD 10 11 17 12 # LIT REP DONE 11 6 11 8 # CASES CLOSED 12 5 11 7 JUL AUG SEP OCT NOV DEC # # # # # HABEAS CORPUS FTCA BIVENS OTHER BIVENS & FTCA 1 2 4 3 o 5 2 1 3 o 7 o 5 5 o 3 1 2 6 o LITIGATION OF NOTE: 1. PAZIENZA V. PERRILL, 90-CV-18 (APR . 7, 1992) . (NDNY) FIVE HABAES CORPUS CASES WERE CONSOLIDATED SINCE EACH CHALLENGED THE BOP REGULATIONS CONCERNING REFUSAL TO PROVIDE URINE SAMPLE. INMATES WERE AT FCI RAY BROOK AT TIME ACTIONS WERE COMMENCED. CHIEF JUDGE MCCURN 05/11/1992 07:11:22 ================ APPROVED US MAGISTRATE REPORT. THE DECISION DISMISSED THE CONSTITUTIONAL CHALLENGE TO THE URINE TESTING REGULATIONS. THE COURT ALSO UPHELD THE REBUTTABLE PRESUMPTION FOUND AT 28 C. F.R. 550.30(C) THAT AN INMATE IS UNWILLING IF A SAMPLE IS NOT PROVIDED WITHIN THE ALOTTED TIME PERIOD. ~H COURT REVIEWED THE DISCIPLINARY RECORD IN EACH OF THE 5 CASES AND GRAN'l'EC RELIEF FOR ONE PETITIONER (PAZIENZA) WHO, THE COURT HELD, ADEQUATELY REBUTTED THE PRESUMPTION OF WILLFULNESS THROUGH MEDICAL INFORMATION. ABSENT THIS PRESUMPTION, THE COURT HELD THAT THERE WAS INSUFFICIENT EVIDENC TO SUPPORT THE FINDING. THE COURT ORDERED EXPUNCTION OF THE SHOT. THE COURT HELD THAT REQUEST FOR RESTORATION OF GOOD TIME WAS MOOTED BY THE PAROLE RELEASE OF PAZIENZA. NO APPEAL IS RECOMMENDED SINCE THE DECISION IS FAVORABLE EXCEPT FOR THIS ONE FACTUAL ISSUE. THE RECORD BEFORE THE DH SHOWED MEDICAL PROBLEMS IN URINATION AND PROVIDES SUPPORT FOR THE COURT'S RULING. SETTLEMENTS AND AWARDS: 1. BAILEY V. UNITED STATES, CIVIL NO. 90-2065 (WDPA) FTCA MEDICAL MALPRACTICE CASE OUT OF FCI LORETTO WENT TO TRIAL FROM APRIL 13 THROUGH APRIL 16, 1992 BEFORE JUDGE ZIEGLER. ON APRIL 23, 1992, JUDGE 05/11/1992 07:11:29 ================ FOUND U.S. LIABLE. INMATE SUFFERRED HEART ATTACK AT FCI LORETTO. THERE WAS A 12 HOUR DELAY IN REFERRING INMATE TO HOSPITAL. INMATE HAD A STROKE A WEEK LATER AND IS PERMANENTLY DISABLED. COURT AWARDED DAMAGES IN THE AMOUNT OF $243,000. NO APPEAL RECOMMENDED AS NO GROUNDS TO APPEAL ARE PRESENT. AMOUNT AWARDED WERE HALF WHAT WAS EARLIER ANTICIPATED. TRAVEL AND LEAVE SCHEDULE FOR MAY 1992: DAVE ESSIG TRAVEL - MAY 19-22 OGC STRATEGIC PLANNING, ANNAPOLIS, MD ?? ANNUAL LEAVE-- NONE HANK SADOWSKI TRAVEL--NONE ANNUAL LEAVE--NONE TERESA HUGHES--ANNUAL LEAVE AND TRAVEL - NONE SCHEDULED MIKE TAFELSKI TRAVEL--NONE ANNUAL LEAVE--PATERNITY LEAVE PROBABLE DURING THE WEEK OF MAY 11.