Fbop Ner Monthly Report 1998mar
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. UNITED STATES GOVERNMENT memorandum Date: Reply to .Attn of: Subject: To: April 10, 1998 Henry J. Sadowski, Regional Counsel, Northeast Region Federal Bureau of Prisons, Philadelphia, PA 19106 Monthly Report - March 1998 Wallace H. Cheney, General Counsel and Assistant Director, Federal Bureau of Prisons Washington, D.C. 20534 I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT A. Administrative Remedies - 1998 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Pending on 1st 110 91 146 Rec'd in month 113 155 187 Ans'd in month 132 100 171 Pending at End 91 146 162 Over 30 days 0 0 0 B. Administrative Tort Claims - 1998 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Pending on 1st 236 262 261 Rec'd in month 77 73 92 2 Recons. rec'd 3 3 Ans'd in month 54 76 73 Pending at End 262 261 283 0 Over 180 days 0 0 C. Tort Claim Investigation Status: As of March 31, 1998 ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH Pending Over 60 days 1 o 10 0 7 0 2 0 1 0 7 3 9 100 14 0 2 0 8 0 3 0 7 12 10 002 .. 2 D. FOI/Privacy Act Requests - 1998 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Pending on 1st 37 13 9 Rec'd in month 34 28 32 Ans'd in month 58 35 29 Pending at End 13 9 15 Over 30 days 1 1 0 E. FOIA Requests for records: As of March 31, 1998 ALF ALM ALP ALW BRO DAN FAr FTD LEW LOR MCK NYM OTV RBK SCH Pending Over 30 days II. 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 1 0 1 0 1 0 0 0 0 0 LITIGATION ACTIVITY - 1998 NORTHEAST REGION A. SUMMARY REPORT JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Cases Open New Cases Habeas Corpus FTCA Bivens Other Bivens/FTCA Lit Reports Cases Closed 670 604 597 13 15 21 7 13 5 1 4 2 1 2 3 4 2 1 2 0 2 8 10 10 7 12 66 B. SETTLEMENTS AND AWARDS:' - None C. SIGNIFICANT CASES, TRIALS or HEARINGS: I} United States v. Ginsberg, Criminal No. 95-634 (E.D.Pa.) On March 4, 1998, Assistant Regional Counsel Joyce Horikawa and Quincy Heck, Regional Health Systems Administrator, assisted the AUSA at a sentencing hearing in the above case before Judge 3 1 0 Brody. The defendant, Irwin Ginsberg, who was convicted of setting fire to a building to collect in insurance money, requested downward departure from his sentencing guidelines based on his physical and emotional state. Defendant has a 15 year history of Type II diabetes and associated complications. He also has a history of hepatitis C, carpel tunnel syndrome, degenerative disk disease, hypertension, peptic ulcers, irritable bowl syndrome, chronic rhinitis, cardiac arrhythmia and depression. Mr. Heck testified about the medical facilities and operation of the medical departments in the various Bureau of Prisons institutions in this·region. He testified that based upon his review of the defendant's medical records and the te~timony of the medical experts, as well as his personal knowledge of the Bureau of Prisons, the Bureau was capable of handling this defendant and his particular medical needs. The judge has not yet issue a ruling. 2) United States v. Mayhue, Crim. No. 96-548 (E.D.Pa.) On March 10, 1998, Judge Joyner issued an order that Mark Mayhue, 51264-066 serve the remainder of his 9 month sentence under home detention. The inmate was designated to Lebanon County Jail in a work release program. He was not eligible under 18 U.S.C. § 3624(c) to enter home confinement until July 1998. On March 12, 1998, I contacted the Judge's law clerk and advised that the Bureau would violate the statute if it followed the court order. The Judge held a telephonic hearing on March 13, 1998. Joyce Horikawa and I participated in the hearing. The court stated he did not want to issue orders contrary to statute and rescinded the order. 3) Brown v. Morton et al., CV-95-2881 (E.D.N.Y.) On Friday, March 13, 1998, at 11:15 a.m., a conference call was held with Judge Gold, the AUSA, FCI Schuylkill, lnmate Orson Brown, 43993-053 and James Vogel, Paralegal, MDe Brooklyn. Judge Gold asked if the two page complalnt the inmate recently filed was intended to be an amendment to the above-referenced matter or a new complaint. The inmate indicated that he filed this as a 4 new case because his Bivens claims regarding medical care had been dismissed. Additional miscellaneous issues were discussed, including the deposition of the Plaintiff and status of discovery responses. 4) United States v. Rojas, Crim No. (E.D.N.Y.) On March 20, 1998, a hearing was held before Judge Weinstein regarding subpoenas, issued by an attorney for the defendant, demanding documents regarding inmates (not the defendant) at MDe Brooklyn and FCI Otisville. MDC Brooklyn attorney Azzemiah Vazquez argued the Bureau's objections to the subpoena (burdensome, relevancy, privacy). The Court agreed and advised the defense attorney that the Court would not issue an order compelling the disclosure of this information. 5) United States v. McNaughton, 93 Crim. 147 (E.D.Pa.) On March 30, 1998, I participated in an emergency telephone hearing before Judge Brody. In connection with a April 1, 1998 hearing on a motion to vacate his sentence, the U.s. Marshal assumed custody of Richard McNaughton, 08042-073, from .the camp at Lewisburg on the morning of March 30 pursuant to a writ. His attorney requested an emergency hearing to ask the court to release the inmate on bail pending the hearing. Counsel expressed concern for the ability of the writ custodians to administer medication, etc. Counsel advised that the inmate received fine medical care at Lewisburg. The court asked the Bureau's position on the medical care and whether the inmate could be held at FCI Fairton. I advised inmates on writ are afforded a supply of medication. I also advised that the court could recommend FCI Fairton but I would need to check with the Warden to ensure there were no security concerns. The court determined that the inmate's presence was not necessary for the hearing and vacated the writ. The inmate was immediately returned to Lewisburg. 5 UPCOMING HEARING U.S. v. Hammer 4:Cr-96-239 (M.D.Pa.) On April 13, 1998, a contempt of court hearing has been scheduled before District Judge Muir in Williamsport, PA. At issue is the failure by USP Allenwood mail room staff to comply with the court's order relating to the opening of "Special Mail" from the Clerk of Court and defense counsel. Six staff from the USP are scheduled to testify concerning the four pieces of mail which were opened contrary to the Court's order. It appears that confusion concerning whether the court order was still effective caused the inadvertent opening. D. RELIGIOUS CASES: - No New Activity E. ENSIGN AMENDMENT CASES: No New activity. F. PLRA 1915 DISMISSALS: None. III. TRAVEL AND LEAVE SCHEDULE FOR MARCH 1998: Hank Sadowski Travel - April 8 - Accompany Regional Director in meetings with Chief Judge, and U.S. Attorney, Harrisburg, Pa. - April 26-April 30 - Sentencing Training, MSTC. Annual Leave - April 13, 15, 17. May 1. Training - Annual Refresher Training April 14 and 16. Mike Tafelski Travel - April 20 - FCI Ray Brook April 21 - Albany, NY - Settlement conference. Annual Leave - None Scheduled Training - Annual Refresher Training April 13 and 17. Toni Brown Scheduled to report to NERO on April 27, 1998. Ron Hill Travel - None Scheduled Annual Leave - April 9 - 10. 6 Les Owen Travel - None scheduled. Annual Leave - None Scheduled. Rosalind Bingham - Travel - April 20-24 House Hunting -- Fcr Otisville Annual Leave - April 13-14; April 27 - May 1. Personnel notes: Rosalind Bingham received the Paralegal Recognition Award during graduation ceremonies on March 17, 1998. She has been assigned to FCr Otisville and is reporting on May 26, 1998. r thank Ros for her assistance to this office over the past year. cc: Regional Director and Deputy Regional Director, NER All NER Wardens All Regional Counsel and Associate General Counsel All NER institution attorneys and paralegals