02-06-1995

TO:

~

~M:

(

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534
DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
JAN FEB MAR APR MAY JON
1995
ADMINISTRATIVE REMEDIES

#
#
#
#
#

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

49
PENDING ON FIRST
RECEIVED IN MONTH 154
ANSWERED IN MONTH 88
PENDING END OF MO 115
0
OVER 30 DAYS

TORT CLAIMS (1995)

JAN FEB MAR APR MAY JON

PENDING ON FIRST 292
RECEIVED IN MONTH 65
7
RECONSID. REC'D
ANSWERED IN MONTH 74
PENDING END OF MO 290
0
OVER 6 MONTHS

#
#
#
#
#
#

,~PRIVACY (1995)

(.

JUL.

JAN FEB MAR APR MAY JON

~

NDING ON FIRST 130
CEIVED IN MONTH 29
# ANSWERED IN MONTH 72
# PENDING END OF MO 87
65
# OVER 30 DAYS
~

TORT CLAIM INVESTIGATION STATUS: AS OF 1/31/1995
ALW DAN FAI LEW LOR MCK NYM OTV REX SCH ALF FTD ALP BRN ALM
PENDING
3
OVER 60 DAYS 0

8

o

5

o

15

4

16

0

1

1

o
o

9

o

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JON
# CASES OPEN
427
# NEW CASES RECD 29
# LIT REP DONE
11
# CASES CLOSED
34
# HABEAS CORPUS
8
# FTCA
6
# BIVENS
14
# OTHER
0
# BIVENS & FTCA
1

3136

5

o

11

JUL

2

3

o

AUG

9

o

6

o

o
o

0
0

SEP OCT NOV DEC

SETTLEMENTS AND AWARDS:
1. WHITAKER V. UNITED STATES,

~TE

91-7394 (S.D.N.Y.)

FRANKLIN WHITTAKER, 16416-054, BROUGHT THIS FTCA ACTION ALLEGING
( lr~ERTY WAS LOST WHEN HE WAS TRANSFERRED IN JUNE 1990 FROM MCC NY TO USP
"LEAVENWORTH. THE INMATE REQUESTED DAMAGES OF $650. A DISPUTE OF FACT
AROSE CONCERNING WHETHER CERTAIN PROPERTY WAS SENT TO A THIRD PARTY. THE
CASE WAS SETTLED FOR $175. TO AVOID COSTS OF TRIAL.
SIGNIFICANT CASES:
1. BERMAN V. LAMER, 95-0054 (E.D.PA.)
BIVENS TYPE COMPLAINT FILED BY ATTORNEY FOR JEFFREY BERMAN, 42588-066,
ALLEGING STAFF AT USP LEWISBURG AND FCI"FORT WORTH HAVE BEEN DELIBERATELY
INDIFFERENT TO HIS MEDICAL NEEDS. BERMAN HAD MUCH OF HIS LOWER DIGESTIVE
TRACT SURGICALLY REMOVED OVER 20 YEARS AGO AND ELIMINATES WASTE THROUGH AN
ILEOSTOMY. HE ALLEGES THAT HIS HEALTH WAS COMPROMISED, THROUGH IMPROPER
CARE FOR HIS ILEOSTOMY. BERMAN IS PRESENTLY AT FCI FORT WORTH. HIS
ATTORNEY MOVED THE COURT TO RESTRAIN A TRANSFER TO FMC ROCHESTER AND TO
ORDER FORT WORTH TO ALLOW HIM TO BE EXAMINED BY A PRIVATE SPECIALIST.
JUDGE KATZ HELD AN EMERGENCY HEARING ON FRIDAY, JANUARY 27, 1995. HANK
SADOWSKI ASSISTED THE AUSA AT THE HEARING. THE JUDGE DENIED THE MOTIONS
FOR A RESTRAINING ORDER AND FOR A PRELIMINARY INJUNCTION. THE JUDGE SAID
THAT BOTH QUESTIONS NEEDED TO BE DECIDED BY THE BUREAU FIRST.
2.

MERUELO V. LAMER, CIVIL NO. 94-1822 (MDPA)

THIS HABEAS CASE WAS DISCUSSED IN LAST MONTH'S REPORT.
ORE MAGISTRATE JUDGE SMYSER ON JANUARY 6, 1995.

(

l

A HEARING WAS HELD

TE HOMERO MERUELO, 27893-048, THROUGH HIS ATTORNEY, FILED A HABEAS
'.
PUS ACTION CHALLENGING ACTIONS AGAINST HIM AT THE INTENSIVE CONFINEMENT
CENTER, LEWISBURG. THE INMATE HAD REPORTED FOR HIS CLASS ONE DAY AFTER
A & 0 WAS COMPLETED AND WAS PLACED IN THE NEXT CLASS, TWO MONTHS LATER.
AFTER STARTING HIS CLASS, HE HAD BEEN FOUND GUILTY BY THE UDC OF LYING TO
STAFF. THE UDC ORDERED HIM MOVED TO THE NEXT CLASS AT THE ,ICC. THE
HABEAS ACTION CHALLENGED EACH OF THESE DECISIONS.
ON DECEMBER 20, 1994, THE INMATE RECEIVED ANOTHER INCIDENT REPORT FOR
LYING TO STAFF AND MISUSE OF THE TELEPHONE. THE UDC FOUND HIM GUILTY AND
THE ICC ADMINISTRATOR REMOVED HIM FROM THE ICC PROGRAM. THE ATTORNEY
AMENDED HIS PETITION, CHALLENGING THE UDC ACTION AND ALLEGING THE INCIDENT
REPORT WAS RETALIATORY.
'
AFTER THE HEARING, THE MAGISTRATE JUDGE ISSUED A REPORT RECOMMENDING THAT
PETITION BE DISMISSED FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES.
USP LEWISBURG ATTORNEY MIKE SULLIVAN ASSISTED "THE AUSA AT THE HEARING.

'THE

3.

CONNELD V. HOLLAND, CIVIL NO. 94-1170 (MDPA)

THIS HABEAS CASE WAS DISCUSSED IN LAST MONTH'S REPORT. INMATE TIMOTHY
CONNELL, 02819-050, BROUGHT THIS HABEAS ACTION REQUESTING ADDITIONAL EXTRA
GOOD TIME UNDER REPEALED 18 USC 4162 FOR WORK PERFORMED WHILE SERVING 10
YEARS OF HIS 25 YEAR FEDEEAL SENTENCE IN STATE CUSTODY. THE REGIONAL
INMATE SYSTEMS ADMIN. DECIDED TO AFFORD CONNELL EXTRA GOOD TIME FOR THE

(~
3137

PERIOD FROM NOV. 1989 TO JUNE 1993, WHEN CONNELL WAS RELEASED FROM THE
STATE TO COMPLETE HIS·FEDERAL SENTENCE IN BUREAU CUSTODY. THE RISA BASED
HIS DECISION ON A RECOMMENDATION FROM THE STATE ·FOR SUCH CREDIT. THE RISA
CONNELL THE CREDIT FOR THE PERIOD HE WAS WORKING IN THE POSITION
rED BY THE STATE WITH ITS RECOMMENDATION. THE RISA DID NOT AFFORD
.LiRA GOOD TIME PRIOR TO NOV. 1989 SINCE HE HAD NO INFORMATION ON THE
'lNMATE'S PERFORMANCE ON HIS WORK ASSIGNMENTS.

~

MAGISTRATE JUDGE SMYSER HELD A HEARING ON JANUARY 13, 1995. THE INMATE &
THEN RISA BOB STEWARD TESTIFIED AT THE HEARING. THE MAGISTRATE JUDGE
FOUND THAT THE BUREAU'S DECISION WAS ARBITRARY. THE MAGISTRATE DETERMINED
THAT RISA STEWARD RELIED PRIMARILY ON A RECOMMENDATION FROM STATE PRISON
AUTHORITIES TO SUPPORT THE GRANT OF EXTRA GOOD TIME, BUT THAT THERE WAS
NO REASON TO ONLY LIMIT THE RECOMMENDATION TO 1989. THE MAGISTRATE JUDGE
RECOMMENDED THAT THE COURT ORDER THE BUREAU TO AFFORD CONNELL EXTRA
GOOD TIME FOR THE EARLIER PERIOD. EXCEPTIONS TO THE MAGISTRATE JUDGE'S
REPORT HAVE BEEN FILED WITH THE DISTRICT COURT.
ALLENWOOD COMPLEX ATTORNEY HOPE MORO AND HANK SADOWSKI ASSISTED THE AUSA
AT THE HEARING.
4.

PITRONE V. UNITED STATES, 1:94-CV-0989 (N.D.OH.)

THIS FTCA CASE HAS BEEN SCHEDULED FOR~CH a, 1995. THIS COMPLAINT IS
A WRONGFUL DEATH ACTION FILED BY THE ESTATE OF DECEASED INMATE JAMES
HADDAD, 33741-060. HADDAD DIED ON MAY 19, 1992 AT FPC MCKEAN DUE TO AN
APPARENT HEART ATTACK. PLAINTIFF ALLEGES THAT FPC MCKEAN MEDICAL STAFF
FAILED TO DIAGNOSE AND TREAT HADDAD FOR CONGESTIVE HEART FAILURE.
PLAINTIFF ALSO ALLEGES THAT STAFF FAILED TO RESPOND PROPERLY WHEN HADDAD
SUFFERED A HEART ATTACK. DISCOVERY IS ALMOST 'COMPLETE. THUS FAR, THE
EVIDENCE SHOWS THAT MCKEAN MEDICAL STAFF ACTED IN ACCORDANCE WITH BUREAU
~CY AND WITHIN ACCEPTED COMMUNITY MEDICAL STANDARDS ..
(

TRIAL IS SCHEDULED TO BE HELD AT CLEVELAND, OHIO. ASSISTANT REGIONAL
SEL JOYCE HORIKAWA IA ASSISTING THE AUSA AT THE TRIAL.
TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--FEBRUARY 1-3 -- REGIONAL DHO & SIS MEETING - ALWD COMPLEX
FEBRUARY 14-15-16-SIS TRAINING, AURORA, COLO
ANNUAL LEAVE--NONE SCHEDULED
HANK SADOWSKI TRAVEL--FEBRUARY 1 -- FCI FAIRTON, VIDEO TELECONF. MEETING
FEBRUARY 10 -- LAW SCHOOL JOB FAIR, PHILA., PA
ANNUAL LEAVE- -NONE SCHEDULED
JOYCE HORlKAWA TRAVEL--FEBRUARY 10 -- LAW SCHOOL JOB FAIR, PHILA. PA
FEBRUARY 22-24 -- FCI MCKEAN - WITNESS PREP. - PITRONE V. US
ANNUAL LEAVE- -NONE SCHEDULED
STEVE WAGNER TRAVEL - JANUARY 1 7 - FEBRUARY 3 - -

GLYNCO

3138

ANNUAL LEAVE - NONE SCHEDULED
. . HILL TRAVEL - NONE SCHEDULED

( . l'

". ANNuAL

LEAVE - NONE SCHEDULED

3139

wee

UNITED STATES GOVERNMENT MEMORANDUM

03-06-1995

TO:
__
(

YOM:

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
D.C. 20534

WAS~INGTON,

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY

R~PORT

1995
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

#
#
#
#

PENDING ON FIRST
49 115
RECEIVED IN MONTH 154 111
ANSWERED IN MONTH 88 132
PENDING END OF MO 115 94
# OVER 30 DAYS
0
0

TORT CLAIMS (1995)

#
#
#
#
#
#

JAN FEB MAR APR MAY JUN

PENDING ON FIRST 292 290
RECEIVED IN MONTH 65 65
7
7
RECONSID. REC'D
ANSWERED IN MONTH 74 86
PENDING END OF MO 290 276
0
0
OVER 6 MONTHS

FOI/PRIVACY (1995)

~ENDING
ON FIRST
RECEIVED IN MONTH

JAN FEB MAR APR MAY JUN

130
29
# ANSWERED IN MONTH 72
# PENDING END OF MO 87
65
# OVER 30 DAYS

87
20
26
81
60

TORT CLAIM INVESTIGATION STATUS: AS OF 2/28/1995
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
PENDING
1
OVER 60 DAYS 0

7
2

9

o

9

o

4

1

13
3

6 13 10
010

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JON
# CASES OPEN
427 440
26
# NEW CASES RECD 29
22
# LIT REP DONE
11
13
# CASES CLOSED
34
9
# HABEAS CORPUS
8
7
# FTCA
6
9
# BIVENS
14
1
# OTHER
0
o
# BIVENS & FTCA
1

3114

9
1

JUL

4 13 12
110
AUG

1

o

8
1

SEP OCT NOV DEC

SETTLEMENTS AND AWARDS:
1. NELSON V. UNITED STATES,

93-2255 (E.D.N.Y.)

.

~~TE

SAMUEL NELSON, 37748-053, BROUGHT THIS FTCA ACTION ALLEGING THAT
~ !OTHING HE HAD WHEN HE WAS ADMITTED TO MCC NY IN MAY 1992 WAS.LOST. HE
'·.KEQUESTED $2150 IN DAMAGES. THE EVIDENCE SUPPORTED HIS CLAIM HE HAD THE
CLOTHING AT MCC NY. THERE WAS EVIDENCE SOME OF THE PROPERTY WAS SENT TO
A THIRD PARTY. CASE SETTLED FOR $275 TO AVOID COSTS OF TRIAL.
2.

PITRONE V. UNITED STATES, 1:94-CV-0989 (N.D.OH.)

THIS FTCA CASE WAS SCHEDULED FOR TRIAL MARCH 8, 1995. THIS COMPLAINT WAS
A WRONGFUL DEATH ACTION FILED BY THE ESTATE OF DECEASED INMATE JAMES
HADDAD, 33741-060. HADDAD DIED ON MAY 19, 1992 AT FPC MCKEAN DUE TO AN
APPARENT HEART ATTACK. PLAINTIFF ALLEGES THAT FPC MCKEAN MEDICAL STAFF
FAILED TO DIAGNOSE AND TREAT HADDAD FOR CONGESTIVE HEART FAILURE.
PLAINTIFF ALSO ALLEGES THAT STAFF FAILED TO RESPOND PROPERLY WHEN HADDAD
SUFFERED A HEART ATTACK. ALTHOUGH THE EVIDENCE SHOWED THAT MCKEAN MEDICAL
STAFF ACTED WITHIN ACCEPTED COMMUNITY STANDARDS, THE JUDGE PLACED A GREAT
DEAL OF PRESSURE ON THE PARTIES TO SETTLE THE CASE. THE UNITED STATES
AGREED TO SETTLE THIS CASE FOR $20,000, SLIGHTLY MORE THAN NUISANCE VALUE.
THE PLAINTIFF HAD REQUESTED DAMAGES IN EXCESS OF $1 MILLION.
SIGNIFICANT CASES:
1.

UNITED STATES V. TOMASINO, CRIM. NO. 92-171 (D.N.J.)

ON OCTOBER 7, 1994, SENTENCING JUDGE BARRY ENTERED AN EX PARTE ORDER
DIRECTING FCI ALLENWOOD TO PERMIT INMATE PETER TOMASINO, 39353-053·, TO
RECEIVE, AT HIS EXPENSE, CERTAIN HERBAL AND VITAMIN TYPE "MEDICATIONS," A
NATURAL REMEDY TREATMENT FOR HIS HODGKINS LYMPHOMA. THE AUSA WAS ALERTED
HE OBJECTIONS OF FCI ALLENWOOD IN NOVEMBER 1994.
THE AUSA ADVISED HE
D FILE A MOTION TO VACATE AND ADVISED THAT THE FCI DID NOT NEED TO
LY AT THIS TIME.
.

~

THE AUSA DID NOT FILE A MOTION TO VACATE THE ORDER UNTIL JANUARY 27, 1995.
THE JUDGE SET A HEARING FOR FEBRUARY 27, 1995. ALLENWOOD COMPLEX ATTORNEY
LORI CUNNINGHAM REPRESENTED THE FCI AT THE HEARING, THE JUDGE RESERVED
HER DECISION CONCERNING THE MOTION TO VACATE. THE JUDGE FOCUSED ON THE
DELAY IN NOTIFYING HER THAT THERE WAS A PROBLEM WITH THE O~ER, AND ON
THE FAILURE OF THE FCI TO COMPLY WITH THE ORDER IN THE INTERIM. SHE
DIRECTED THE FCI TO PROVIDE THE "MEDICATIONS" PER HER ORDER WHILE SHE
RULED ON THE MOTION. AS A SHOWING OF GOOD FAITH, THE "MEDICATIONS"
WERE PROVIDED TO THE INMATE AT HIS COST. WE ARE AWAITING A RULING FROM
THE JUDGE.
TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--NONE SCHEDULED
,
ANNUAL LEAVE--MARCH 2
MARCH 23-24
HANK SADOWSKI TRAVEL--MARCH 30-31 PRESENTATION OF BOP LEGAL ISSUES - NAT'L FEDERAL
PUBLIC DEFENDERS CONFERENCE, DENVER, CO

3115

ANNUAL LEAVE--MARCH 8, 20

~

CE

HORIKAWA TRAVEL--MARCH 1-2 FCI ALLENWOOD - AFTER ACTION COMMITTEE ON INMATE
DEATH
JU'd~UAL LEAVE--NONE SCHEDULED
.

STEVE WAGNER TRAVEL - NONE SCHEDULED
ANNUAL LEAVE - MARCH 3
RON HILL TRAVEL - NONE SCHEDULED
ANNUAL LEAVE - MARCH 3

3116

~Q

04-07-1995
TO:
a..

I{

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534
~:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

'"

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

************************************************************************.*

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
1995
JAN FEB MAR APR MAY JUN
ADMINISTRATIVE REMEDIES

#
#
#
#
#

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

PENDING ON FIRST
49 115 94
RECEIVED IN MONTH 154 111 149
ANSWERED IN MONTH 88 132 164
PENDING END OF MO 115 94 79
0
0
0
OVER 30 DAYS

TOR~

JAN FEB MAR APR MAY JUN

CLAIMS (1995)

# PENDING ON FIRST 292 290 276
# RECEIVED IN MONTH 65 65 91
7 13
7
# RECONSID. REC'D
# ANSWERED IN MONTH 74 86 102·
I PENDING END OF MO 290 276 278
0
0
lOVER 6 MONTHS
0

r.

JAN FEB MAR APR MAY JON

FOI/PRIVACY (1995)
"ENDING ON FIRST

.......ECEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

130
29
72
87
65

87
20
26
81
60

81
38
52
67
28

TORT CLAIM INVESTIGATION STATUS: AS OF 3/31/1995
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
2
PENDING
OVER 60 DAYS 0

3
0

6
0

8
0

1
0

13
4

6
0

13
4

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JON
# CASES OPEN
427 440' 453
26
30
# NEW CASES RECD 29
22
15
# LIT REP DONE
11
13
# CASES CLOSED
34
17
9
# HABEAS CORPUS
8
5
6
7
3
# FTCA
9
14
16
# BIVENS

#

OTH~R

# BIVENS & FTCA

0

1

1

0

3
1

10
1

1.0
0

5
0

JUL

AUG

10
0

2
0

7

0

SEP OCT'NOV DEC

5

.

1

~-

-------.-.

..

j

!

I·

r
,

f- - . -

j

'.

.

',.

-.-

.....

".

L~_ ..... ( :":'-: ;.' ~, '.; ~_j r f~' . . . .

!

3065

': ..

.-. -.: --~ ..... .;;:,-~-".~ ~ ·.:.':!"_._··.·.:r~ ..~ ..• _

SETTLEMENTS AND AWARDS:
1.

WRIGHT V. UNITED STATES, CV-91-2223 (EDNY)

~RMER STAFF MEMBER BROUGHT· EEO CASE ALLEGING HE WAS TERMINATED BECAUSE OF
( lCE. OUR RECORDS SHOW HE WAS TERMINATED FOR CAUSE. HE ALLEGED THAT THE
.... STRESS OF THE WORK CAUSED MEDICAL PROBLEMS WHICH ESSENTIALLY DISABLED HIM.
THE CASE WAS SETTLED BECAUSE OPM GRANTED HIM DISABILITY FOR A WORK RELATED
INJURY. WE AGREED TO MODIFY OUR EMPLOYMENT RECORDS TO MATCH OPM'S
DECISION. NO MONEY DAMAGE WAS AWARDED TO PLAINTIFF. THE AUSA AGREED TO
ATTORNEY FEES OF $1500.
2.

KNIGHT V. UNITED STATES, CV-94-1992 (MDPA)

INMATE JACK KNIGHT, 22988-008, ~ROUGHT A FTCA ACTION ALLEGING STAFF FAILED
TO SECURE HIS PROPERTY AT USP LEWISBURG RESULTING IN LOSS OF $223. CASE
SETTLED FOR $100. WE SETTLED BECAUSE OF A LACK OF DOCUMENTATION TO
SUPPORT OUR ACTIONS IN THE CASE.
SIGNIFICANT CASES:
1.

BROWN V. WIGIN, CIVIL ACTION NO. 94-2240 (EDPA)

INMATE JACKIE LEE BROWN, 24892-083, BROUGHT THIS BIVENS ACTION AGAINST THE
WARDEN AND A PHYSICIAN'S ASSISTANT AT FCI SCHUYLKILL. BROWN WAS ON THREE
TYPES OF MEDICATION AS A RESULT OF AN EARLIER MYOCARDIAL INFARCTION.
BROWN ALLEGED THAT THE DEFENDANTS WERE DELIBERATELY INDIFFERENT TO HIS
MEDICAL NEEDS SINCE THERE WAS ABOUT A FIVE DAY DELAY IN ADMINISTERING HIM
HIS MEDICATION. WE MOVED FOR SUMMARY JUDGMENT/DISMISSAL, ASSERTING THAT
AT BEST TH. ERE WAS. ~.,~.N.g~.-~. . Ql.!!l~'~~~~~E'~.
..""p'.~,.~J!.~§~~.;~~._:'!Q.PITIONAL. MEDICAL
COMPLICATIQ~S .; .
. ':.. ~~.~~Ra~'S.CBED·· .~~";;D.lLC~KBT"~~

. ~-,-~. ,

(J

BROWN V. HAWK,

~Xti°ffl_~~LS~1 TJll,t'e.uAll!!l JEARI~G.
CIVIL ACTION'NO. 94-3640 (EDPA)
~

INMATE JACKIE LEE BROWN, 24892-083, ALSO FILED ANOTHER BIVENS ACTION
ALLEGING THAT HIS TRANSFER TO FCI SCHUYLKILL WAS DISCRIMINATORY AND
CAUSED A HARDSHIP TO HIM SINCE HE WAS TOO FAR AWAY FROM HIS FAMILY. AFTER
THIS ACTION WAS FILED, BROWN WAS TRANSFERRED TO FPC SEYMOUR JOHNSON, ONE

~~~~Es~i~~~i~N~C:~D~~~g~~~~~~·
HANK

SADOWSKI WILL ASSIST T

.... ~

S'HEA:RIN~_ '}l~

~~,

:~ 1/

~..

TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--APRIL 4-6 GENERAL COUNSEL'S MEETING - WASHINGTON, DC
APRIL 24 - KORAY ARGUMENT - SUPREME COURT
ANNUAL LEAVE--APRIL 10-14
HANK SADOWSKI TRAVEL--APRIL 20 - KORAY MOOT COURT, WASHINGTON, DC
APRIL 24 - KORAY ARGUMENT - SUPREME COURT
ANNUAL LEAVE--APRIL 17-18
JOYCE HORIKAWA TRAVEL--APRIL 17-19 FCI BUTNER - AFTER ACTION COMMITTEE ON INMATE

3066

ANNUAL LEAVE--APRIL 10-11

~

DEATH

WAGNER .
TRAVEL - NONE SCHEDULED
UAL LEAVE - APRIL 7

EVE

(

RON HILL TRAVEL - NONE SCHEDULED
ANNUAL LEAVE - APRIL 28-MAY 5

(~

3067.

05-08-1995

TO:
_
(~.~~:

"

UNITED STATES GOVERNMENT

~EMO~U-

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS
WASHINGTON, D.C. 20534
DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

**************************************************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
JAN FEB MAR APR MAY JON

1995

ADMINISTRATIVE REMEDIES

.

'JUL.

AUG 'SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC .

JUL

AUG

SEP

OCT

NOV

DEC

49 115 94 79
# PENDING ON FIRST
# RECEIVED IN MONTH 154 111 149 136
# ANSWERED IN MONTH 88 132 164 126
# PENDING END OF MO 115 94 79 89
0
0
0
0
#" OVER 30 DAYS

TORT CLAIMS (1995)
#
#
#
#
#
#

JAN FEB MAR APR MAY JON

PENDING ON FIRST 292 290 276 278
RECEIVED IN MONTH 65 65 91 75
6
7
7 13
RECONSID. REC'D
ANSWERED IN MONTH 74 86 102 40
PENDING END OF MO 290 276 278 319
0
0
0
0
OVER 6 MONTHS

. FOI/PRIVACY (1995)
(""):DING ON FIRST

_,.
CEIVED IN MONTH
# ANSWERED IN MONTH
# PENDING END OF MO
# OVER 30 DAYS

JAN FEB MAR APR MAY· JON
130
29
72
87
65

87
20
26
81
60

81
38
52
67
28

67
37
34
70
27

TORT CLAIM INVESTIGATION STATUS: AS OF 4/30/1995
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
0
PENDING
OVER 60 DAYS 0

8
0

6
0

14
0

2
0

15
8

9
0

12
5

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JON
427 440 453 465
# CASES OPEN
26
30
26
# NEW CASES RECD 29
15
22
14
11
# LIT REP DONE
13
17
14
34
# CASES CLOSED
9
5
8
8
# HABEAS CORPUS
3
6
7
3
# FTCA
9
16
14
12
# BIVENS
0
1
5
2
# OTHER
0
1
1
1
# BIVENS & FTCA

3045

.8

6

3

10

2

0

0

0

JUL

AUG

7
0

2

9

0 "1

SEP OCT NOV

D~C

SETTLEMENTS AND AWARDS:
TAYLOR.V. LAMER, 94-2.125 (M.D.PA)

1.

TE ROBERT TAYLOR, 05691-067, BROUGHT A FTCA ACTION ALLEGING STAFF AT
LEWISBURG LOST HIS PERSONAL PROPERTY WORTH $1200. WE WERE ABLE TO
}J,
IUNT FOR ALL THE PROPERTY EXCEPT FOR A GOLD PARTIAL DENTAL PLATE. WE;t
S-ETT~:. THE: .CA~~.FOR" $2Q0, THE APPROXIMATE VALUE OF THE PARTIAL.
"
'
SIGNIFICANT CASES:
1.

BROWN V. WIGIN, CIVIL ACTION NO. 94-2240 (EDPA)

THIS CASE WAS DISCUSSED IN LAST MONTH'S REPORT.
INMATE JACKIE LEE BROWN, 24892-083, BROUGHT THIS BIVENS ACTION AGAINST THE
WARDEN AND A PHYSICIAN'S ASSISTANT AT FCI SCHUYLKILL. BROWN· WAS ON THREE
TYPES OF MEDICATION AS A RESULT OF AN EARLIER MYOCARDIAL INFARCTION.
BROWN ALLEGED THAT THE DEFENDANTS WERE DELIBERATELY INDIFFERENT TO HIS
MEDICAL NEEDS SINCE THERE WAS ABOUT A FIVE DAY DELAY IN ADMINISTERING HIM
HIS MEDICATION. JUDGE SHAPIRO HELD A HEARING ON OUR MOTION FOR SUMMARY
JUDGMENT ON APRIL 12, 1995. THE COURT RESERVED HER RULING ON OUR MOTION.
HANK SADOWSKI ASSISTED THE AUSA 'AT THE HEARING.
BROWN V. HAWK, CIVIL ACTION NO. 94-3640 (EDPA)

2.

THIS CASE WAS ALSO DISCUSSED IN LAST MONTH'S REPORT. INMATE BROWN HAD
ALSO FILED A COMPLAINT ALLEGING HIS TRANSFER TO FCI SCHUYLKILL WAS
DISCRIMINATORY. JUDGE SHAPIRO HELD A HEARING ON THIS COMPLAINT ALSO ON
APRIL 12, 1995. THE COURT DISMISSED THIS CASE FROM THE BENCH.
3. MALIK V. HERSHBERGER, 93 CIV 4396 (S.D.N.Y.)

~.

TE

ABDEL-JABBOR MALIK, 80768-054, BROUGHT THIS BIVENS ACTION ALLEGING
THE FORMER WARDEN AT FCI OTISVILLE VIOLATED HIS CONSTITUTIONAL RIGHT
T -"CONFER WITH HIS ATTORNEY TO PREPARE FOR 'HIS CRIMINAL TRIAL. JUDGE
PRESKA GRANTED OUR MOTION FOR SUMMARY JUDGMENT IN PART AND DENIED IT IN
PART. DESPITE Sr;rAFF DECLARATIONS THAT STAFF HAD VI"SUAL, BUT NOT AUDITORY
SUPERVISION, THE COURT DENIED OUR MOTION ON AN UNSWORN CLAIM BY MALIK THAT
OFFICERS IN THE VISITING ROOM WERE LISTENING TO HIS CONVERSATIONS WITH
HIS ATTORNEY. OUR MOTION TO RECONSIDER WAS ALSO DENIED. THE CASE IS
LISTED FOR TRIAL IN LATE JUNE, 1995.
~

4.

REHAB V. FEDERAL BUREAU OF PRISONS, CV-92-1699

(E.D.N.Y.)

FORMER PROBATIONARY STAFF MEMBER ALLEGED HE WAS TERMINATED AS A PHYSICIANS
ASSISTANT AT FCI DANBURY BECAUSE OF HIS NATIONAL ORIGIN, RACE, & RELIGION.
BECAUSE OF FACTUAL DISPUTES, CASE IS SCHEDULED FOR TRIAL ON JUNE 21, 1995.
EVIDENCE POINTS TO VALID REASONS FOR TERMINATION. JOYCE HORIKAWA WILL
ASSIST THE AUSA AT THE TRIAL.
RELIGIOUS CASES:
•• THERE WERE NO NEW RELIGIOUS CASES RECEIVED IN APRIL •
•• THE FOLLOWING IS A SUMMARY OF PENDING RELIGIOUS CASES, NONE OF WHICH,
HOWEVER, RAISE RFRA:

3046

COOPER V. TIPPY, CIVIL NO. 94-758 (NDNY)--IN THIS BIVENS CASE, A
IEWISH INMATE ALLEGED THAT THE COMMON FARE PROGRAM AT FCI RAY BROOK DID
lOT COMPLY WITH BUREAU POLICY AND DID NOT MEET HIS RELIGIOUS NEEDS. 'HIS
LAINTS CENTERED ON SPECIFIC FOOD ITEMS AND THE ALLEGED FAILURE TO
SEPARATE UTENSILS.
INMATE WAS RELEASED IN JULY,94. MOTION FOR
MARY JUDGMENT PENDING SINCE OCTOBER, 1994.

~
,

'

I. BOSTON V. CROOK, CIVIL NO. 94-738 (MDPA) -- ALSO A BIVENS ACTION;
ruSLIM INMATE CHALLENGES INC,IDENT REPORT FOR GIVING "RELIGIOUS SALUTE."
~OTION TO DISMISS FILED 11-09-1994. ON 12-07-1994 MAGISTRATE RECOMMENDS
JISMISSAL OF COMPLAINT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES.

3. KARRIEM V. RIGGS, CIVIL NO. 93-0224 (DDC) --MUSLIM INMATE AND NONINMATE MINISTER FILED FOR INJUNCTION TO REQUIRE BOP TO RECOGNIZE A RIGHT
ro HAVE A SPECIAL RELIGIOUS FEAST FOR RAMADAM IN DECEMBER, 1993, NOT IN
NINTH LUNAR MONTH AS IS RECOGNIZED AT PRESENT.
THE CASE WAS ORDERED
rRANSFERRED TO MDPA WHERE INMATE HAD BEEN HOUSED.
HOWEVER, THE INMATE
~PEALED THE TRANSFER ORDER WHICH STAYED THE TRANSFER PENDING APPEAL.
NO ACTION IN CASE SINCE JULY 6, 1993.
TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--MAY 23-26 PRISON LIT. SEMINAR, TUCSON, AZ
ANNUAL LEAVE--MAY 19
HANK SADOWSKI TRAVEL--MAY 15 - SUP. CT. BAR ADMISSION & MEETING ON NAT'L LEGAL CON
CONFERENCE, OGC
MAY 18 - FCI FAIRTON - VIDEO TELECONFERNCE MEETING
~
MAY 23-2.6 PRISON LIT. SEMINAR, TUCSON, AZ
~
."AL LEAVE--MAY 5 1/2 DAY
JOYCE HORIKAWA TRAVEL--MAY 9-10 MCC NY TO INVESTIGATE EEO LITIGATION ALLEGING
SEXUAL HARASSMENT BETWEEN STAFF
MAY 16 - FCI ALLENWOOD-AFTER ACTION COMM. - INMATE DEATH
ANNUAL LEAVE--NONE SCHEDULED
STEVE WAGNER TRAVEL - NONE SCHEDULED
ANNUAL LEAVE - MAY 1,2,4,5 (PATERNITY LEAVE)
RON HILL TRAVEL - MAY 23-26 PRISON LIT. SEMINAR, TUCSON, AZ
ANNUAL LEAVE - MAY 1-5
JIM VOGEL TRAVEL - MAY 7-19 MSTC FOR CONTINUED PARALEGAL TRAINING COURSE
ANNUAL LEAVE - NONE SCHEDULED

3047

~JCG

06-08-1995
TO:

UNITED STATES GOVERNMENT MEMORANDUM

WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS

t -'M- WA::::G:::~G~-:~GI::::4COUNSEL, NORTHEAST REGION
,

•

FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

!!!THE LOSS OF ANNEMARIE TOBIN, LEGAL CLERK, AND RESIGNATION OF STEVE
WAGNER, HONORS ATTORNEY, ALONG WITH SUBSTANTIAL INCREASE IN NEW CASES
FILED DURING MAY, HAVE IMPACTED THE NUMBER OF TORT CLAIMS AND FOI/PRIVACY
WE WERE ABLE TO PROCESS THIS PAST MONTH. ANNEMARIE/S REPLACEMENT, CARYN
BURTON, WILL JOIN US THIS MONTH. THE NEW HONORS ATTORNEY, MARIA CRUSE
WILL NOT ARRIVE UNTIL SEPTEMBER.
.
****************************************************~*********************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
JAN FEB MAR APR MAY JUN
1995
ADMINISTRATIVE REMEDIES

#
#
#
#
#

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

49 115 94 79 89
PENDING ON FIRST
RECEIVED IN MONTH 154 111 149 136 127
ANSWERED IN MONTH 88 132 164 126 158
PENDING END OF MO 115 94 79 89 58
0' 0
0
0
0
OVER 30 DAYS

TORT CLAIMS (1995)

JAN FEB MAR APR MAY JON

# PENDING ON FIRST 292 290 276 278 319
# RECEIVED IN MONTH 65 ~5 91 75 81
I RECONSID. REC/D
6
7
7 13
7
74 86 102 40 52
,lENDING END OF MO 290 276 278 319 355
0
0
0
0
0
"OVER 6 MONTHS

t- '.NSWERED IN MONTH
FOI/PRIVACY (1995)

#
#
#
#
#

JAN FEB MAR APR MAY JON

PENDING ON FIRST 130
RECEIVED IN MONTH 29
ANSWERED IN MONTH 72
PENDING END OF MO 87
65
OVER 30 DAYS

87
20
26
81
60

81
38
52
67
28

67 70
37 49
34
5
70 117
27 69

TORT CLAIM INVESTIGATION STATUS: AS OF 5/31/1995
ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
0
PENDING
OVER 60 DAYS 0

10
0

9

23·

0

0

3
1

14
0

7
0

9
0

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB. MAR APR MAY JON
# CASES OPEN
427 440 453 465 488
# NEW CASES RECD 29
26
30
26
38
# LIT REP DONE
11
22
15
14
30
'# CASES CLOSED
34
13
17
14
15
I HABEAS CORPUS
8
9
5
8
5

7
0

14
0

JUL

5
0
AUG

19
2

11
0

1 15
0 1

SEP OCT NOV DEC

,-"-'-t~ ..'"

3033

: .... t

l

.• ; .

#
#
#
#

FTCA
BIVENS
OTHER
BIVENS & FTCA

t-.. ~'TLEMENTS

14

7
9

0
1

0

6

AND AWARDS:

1

3

3

16
5
1

. 12
2

5
24
4

1

0

NONE

SIGNIFICANT CASES:
1.

UNITED STATES V. SIMONE, CRIM. NO. 91-569-1 (E.D.PA.)

INMATE ROBERT SIMONE, 33989-066, IS SERVING AN OLD LAW.SENTENCE OF 4 YEARS
AND A NEW LAW CONCURRNET SENTENCE OF 15 MONTHS. THE TWO SENTENCING JUDGES
EACH RECOMMENDED THAT HE BE DESIGNATED TO FPC NELLIS TO BE NEAR FAMILY.
TO BE CONSIDERED FOR FPC NELLIS, SIMONE WAIVED PAROLE CONSIDERATION (NO
PAROLE HEARINGS ARE HELD AT FPC NELLIS) •. IN A MOTION TO REDUCE THE OLD
LAW SENTENCE, ATTORNEYS FOR SIMONE CITED THAT HE WOULD NOT BE CONSIDERED
FOR PAROLE. SENTENCING JUDGE GILES HELD A HEARING ON JUNE 6, 1995. HANK
SADOWSKI ASSISTED AT THE HEARING. THE COURT DENIED THE MOTIQN WITH THE
UNDERSTANDING THAT SIMONE WOULD BE CONSIDERED ON THE RECORD BY THE PAROLE
,COMMISSION, ASSUMING HE APPLIES FOR PAROLE AND WAIVES HIS RIGHT TO AN IN
PERSON HEARING.
2. UNITED STATES V. DIAZ, CRIM. 94-328 (N.• D.N. Y.)
PRETRIAL DETAINEE WALTER DIAZ, 05988-052, FILED A MOTION CHALLENGING.
THE ADEQUACY OF THE LAW LIBRARY IN THE SHU AT FCI OTISVILLE. DIAZ HAS
BEEN IN SHU SINCE NOVEMBER 1994 AND WILL BE IN DISCIPLINARY SEGREGATION
UNTIL AT LEAST AUGUST 1995. DIAZ ALLEGES THAT HIS ABILITY TO ASSIST HIS
APPOINTED ATTORNEYS IN HIS DEFENSE AT THE CRIMINAL TRIAL IS IMPAIRED.
CHElF JUDGE MCAVOY HAS SCHEDULED A HEARING FOR JUNE 12, 1995 AND REQUESTED
"'lEONE FROM FCI OTISIVLLE TO EXPLAIN DIAZ'S CONFINEMENT STATUS. PARALEGAL
[ .,~~OL HAWTHORNE WILL ATTEND THE HEARING.
3.

REHAB V. FEDERAL BUREAU OF PRISONS,' CV-92-1699

(E.D.N. Y.)

THIS CASE WAS DISCUSSED IN LAST MONTH'S REPORT.
FORMER PROBATIONARY STAFF MEMBER ALLEGED HE WAS TERMINATED AS A PHYSICIANS
ASSISTANT AT'FCI DANBURY BECAUSE OF HIS NATIONAL ORIGIN, 'RACE, & RELIGION.
BECAUSE OF FACTUAL DISPUTES, CASE IS LISTED FOR TRIAL.
EVIDENCE POINTS
TO VALID REASONS FOR TERMINATION. JOYCE HORIKAWA WILL ASSIST THE AUSA AT
THE· TRIAL. TRIAL HAS, BEEN POSTPONED FROM JUNE 1995 TO SEPTEMBER 11, 1995.
RELIGIOUS CASES:
**THERE WAS ONE NEW RELIGIOUS CASES RECEIVED IN MAY.
1.

MUHAMMAD V. REICH, 95-2318 (S.D.N.Y.)

PRETRIAL DETAINEE ABDUL-SHAHID FARRAKHAN MUHAMMAD, 36641-054, FILED THIS
BIVENS ACTION ALLEGING THAT THE WARDEN AT MCC NY DID NOT SAFEGUARD THE
RELIGIOUS. INTERESTS OF THE NATION OF ISLAM. HE ALLEGES A DENIAL OF
ACCESS TO MINISTERS OF HIS FAITH AND DENIAL OF ACCESS TO A DECEMBER FAST.
RFRA IS NOT CITED IN THE COMPLAINT.
**THE FOLLOWING IS A SUMMARY OF PENDING RELIGIOUS CASES, NONE OF WHICH,

o
3034

HO~EVER,

RAISE RFRA:

1.

COOPER V. TIPPY, CIVIL NO. 94-758 (NDNY)--IN THIS BIVENS CASE, A
FARE PROGRAM AT FCI RAY BROOK DID
NOT MEET HIS RELIGIOUS NEEDS.
HIS
~ ' PLAINTS CENTERED ON SPECIFlC FOOD ITEMS AND THE ALLEGED FAILURE TO
,p SEPARATE UTENSILS.
INMATE WAS RELEASED IN JULY 1994. MOTION FOR
SUMMARY JUDGMENT PENDING SINCE OCTOBER 1994.
NO NEW INFORMATION.

JE~ISH INMATE ALLEGED THAT THE COMMON
OT COMPLY WITH BUREAU POLICY AND DID

~

2. BOSTON V. CROOK, CIVIL NO. 94-738 (MDPA) -- ALSO A BIVENS ACTION;
MUSLIM INMATE CHALLENGES INCIDENT REPORT FOR GIVING "RELIGIOUS SALUTE."
MOTION TO DISMISS FILED 11-09-1994. ON 05-19-1995, JUDGE VANASKIE
DISMISSED COMPLAINT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES.
3. KARRIEM V. RIGGS, CIVIL NO. 93-0224 (DDC) --MUSLIM INMATE AND NONINMATE MINISTER FILED FOR ' INJUNCTION TO REQUIRE BOP TO RECOGNIZE A RIGHT
TO HAVE A SPECIAL RELIGIOUS FEAST FOR RAMADAM IN DECEMBER, 1993, NOT IN
NINTH LUNAR MONTH AS IS RECOGNIZED AT PRESENT. THE CASE WAS ORDERED
TRANSFERRED TO MDPA WHERE INMATE HAD BEEN HOUSED.
HOWEVER, THE INMATE
APPEALED THE TRANSFER ORDER WHICH STAYED THE TRANSFER PENDING APPEAL.
NO ACTION IN CASE SINCE JULY 6, 1993. NO ACTION SINCE LAST'REPORT.
TRAVEL AND LEAVE SCHEDULE
DAVE ESSIG TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--JUNE 2
HANK SADOWSKI TRAVEL--JUNE 12 - CENTRAL OFFICE - MEETING - SENTENCING TRAINING
FOR ATTORNEYS
·~UAL LEAVE--NONE SCHEDULED

["OYCE

HORIKAWA TRAVEL--JUNE 19-26 - STAFF ASSIST - USP LEWISBURG

ANNUAL LEAVE--NONE SCHEDULED
RON HILL TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--JUNE 6
JIM VOGEL TRAVEL--NONE SCHEDULED
ANNUAL LEAVE--JUNE 30 - JULY 7

o
3035

•

-; i ,"". :-:;. .
~

i'

07-06-1995

UNITED STA7ES GOVERNMENT

MEMOR&~UM

~ WALLACE E. CHENEY, GENERAL COUNSEL, FEDE~~ BUREAU OF PRISONS
WASHINGTON, D.C. 20534

(~

"roKOM:

DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION
FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106

SUBJECT:

LEGAL ACTIVITIES REPORT, NORTHEAST REGION

*******************************~******************************************

ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT
<:

JAN FEB MAR APR MAY JUN
1995
ADMINISTRATIVE REMEDIES
#
#
#
#
#

49 115 94 79 89
PENDING ON FIRST
RECEIVED IN MONTH 154 111 149 136 127
ANSWERED IN MONTH 88 132 164 126 158
PENDING END OF MO 115 94 79 89 58
0
0
0
0
0
OVER 30 DAYS

TORT CLAIMS (1995)

~

AUG

SEP

OCT

NOV

DEC

JilL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

58
138
150
46
0

JAN FEB MAR APR MAY JUN

# PENDING ON FIRST 292 290 276 278 319 355
# RECEIVED IN MONTH 65 65 91 75 81 60
7 13
7
6
7 10
# RECONSID. REC'D
# ANSWERED IN MONTH 74 86 102 40 "52 115
# PENDING END OF MO 290 276 278 319 355 310
0
0
0
0
0
0
# OVER 6 MONTHS

(~RIVACY
#-"
#
#
#
#

(1995)

JAN FEB MAR APR MAY JUN

PENDING ON FIRST 130
RECEIVED IN MONTH 29
ANSWERED IN MONTH 72
PENDING END OF MO 87
6S
OVER 30 DAYS

87
20
26
81
60

81
38
52
67
28

67 70 114
37 49 30
34
5 30
70 114 114
27 69 84

TORT CLAIM INVESTIGATION STATUS: AS OF 6/30/1995
ALW DAN FAl LEW LOR MCK NYM OTV RBK SCH ALF FTD ALP BRN ALM
0
PENDING
OVER 60 DAYS 0

10
1

6
1

18
0

2
1

14
3

4
0

8
1

LITIGATION ACTIVITY, 1995, NORTHEAST REGION
JAN FEB MAR APR MAY JUN
427 440 453 465 488 492
# CASES OPEN
26
26
30
38
24
# NEW CASES RECD 29
22
15
14
30
20
11
# LIT REP DONE
13
14
15
20
34
17
# CASES CLOSED
9
5
8
5
5
8
# HABEAS CORPUS
7
3
3
3
5
6
# FTCA
9
16
12
24
12
14
# BIVENS
0
1
5
2
4
2
It OTHER
0
0
0
1
1
1
It BIVENS & FTCA

3006

9
0

4
1
JtJL

7

0

AUG

16
7

11
0

"3
0

9
0

SEP OCT NOV DEC

ETTLEMENTS AND AWARDS:
RTIZ V. UNITED STATES, CIVIL NO. 93-513 (D.N.J.)
( • TE MANUEL ORTIZ, 17373-038, BROUGHT THIS FEDERAL TORT CLAIM ACT
._.-1PLAINT ALLEGING THAT HE LOST PERSONAL PROPERTY VALUED AT $287.83 ON A
'RANSFER FRON FCI FAIRTON TO FCI DANBURY. OUR INVESTIGATION DURING THE
J)MINISTRATIVE TORT CLAIM VERIFIED THAT SOME PROPERTY ?.AD BEEN LOST. THE
:NMATE REJECTED AN ADMINISTRATIVE OFFER TO SETTLE FOR $100. WE FILED A
lOTION FOR SUMMARY JUDGMENT FIXING THE DAMAGES AGAINST THE UNITED STATES
'0 THE AMOUNT OF $138.21. THE DISTRICT COURT GRANTED OUR MOTION AND
:NTERED JUDGMENT AGAINST THE UNITED STATES IN THE AMOUNT OF $138.21.
;IGNIFICANT CASES:
~~f·MAlilitt.~¥~~;=·HERSHB·ERGER~l'P'~9·3·.,,:,e·l'V~"'4·3·96,m~;S':.iD:;·'N"~
'J~W

Y• )

:NMATE ABDEL-JABBOR MALIK, 80768-054, BROUGHT THIS BIVENS ACTION AGAINST
~EN FCI OTISVILLE WARDEN HERSHBERGER ALLEGING CONSTITUTIONAL INFRINGEMENT
>F HIS ATTORNEY VISITS DURING HIS CRIMINAL TRIAL. ON MARCH 27, 1995,
ruDGE PRESKA GRANTED IN PART AND DENIED IN PART A MOTION FOR SUMMARY
ruDGMENT ON THE WARDEN'S BEHALF. THE JUDGE HELD THAT AN ALLEGATION BY .
~E INMATE THAT CORRECTIONAL OFFICERS WERE POSITIONED TO HEAR HIS ATTORNEY
:LIENT MEETING MUST PROCEED TO TRIAL. A MOTION FOR RECONSIDERATION WAS

~~~~. THE""~~lt~~Sg:~~~~:~~~&5.
~.

HANK SADOWSKI WILL

UNITED STATES V. DIAZ, CRIM. 94-328 (N.D.N.Y.)

)RETRIAL DETAINEE WALTER DIAZ, 05988-052, F1LED A MOTION CHALLENGING
"t:
EQUACY OF THE LAW LIBRARY IN THE SHU AT FCI OTISVILLE. DIAZ HAS
IN SHU SINCE NOVEMBER 1994 AND WILL BE IN DISCIPLINARY SEGREGA~ION
AT LEAST AUGUST 1995. DIAZ ALLEGES THAT HIS ABILITY TO ASSIST HIS
( ~OINTED
ATTORNEYS IN HIS DEFENSE AT THE CRIMINAL TRIAL IS IMPAIRED.
~IEF JUDGE MCAVOY HELD A HEARING ON JUNE 12, 1995 AT WHICH OTV PARALEGAL
~OL HAWTHORNE AND OTV SUPT. OF EDUCATION DIANE LOEVEN TESTIFIED AT
~ENGTH CONCERNING THE CONDITIONS OF SPECIAL HOUSING AND THE ACCESS OF THE
[NMATE TO THE LAW LIBRARY AND TO HIS ATTORNEY. THE COURT WAS SATISFIED
rHE FeI OTISVILLE WAS NOT IMPAIRING THE INMATE'S PREPARATION FOR TRIAL.

liIf

~. . .ROSARI.C.s~V~".HORVAT..~TS~!'4·~ . G.tVIL

NO. 90-80 (W .D. PAl

CNMATE GREGORIO ROSARIO, 16973-038, BROUGHT THIS BIVENS ACTION AGAINST
FCI MCKEAN CORRECTIONAL OFFICER, DANIEL HORVATITS, ALLEGING THAT HE
ASSAULTED AND DRAGGED 7S FEET BY THE DEFENDANT ON JANUARY 23, 1990.
mIS CASE WAS INITIALLY DISMISSED FOR FAILURE TO STATE A C~IM UPON WHICH
tELIEF COULD BE GRANTED. THE DISMISSAL WAS VACATED AND REMANDED TO THE
)ISTRICT COURT TO DETERMINE THE NECESSITY AND REASONABLENESS OF THE
)EFENDANT'S ACTIONS GIVEN THE INMATE'S·OBDURANT BEHAVIOR AND WHETHER THE
)EFENDANT REASONABLY BELIEVED HIS USE OF FORCE WAS NOT EXCESSIVE. A
~~HAs BEEN SCHEDULED FOR \lQtl~~wJt~'{i~:~'~~v JOYCE HORIKAWA WILL ASSIST
mEt'A"usA AT THE HEARING.
.. -: .... i~i
-. t~.
~
~ORMER
~AS

4'.

tELIGIOUS CASES:
~*THERE

WERE NO NEW RELIGIOUS CASES RECEIVED IN JUNE.

3007

4

"

~

·*THE FOLLOWING IS.A SUMMARY OF PENDING RELIGIOUS CASES, NONE OF WHICH,
IOWEVER, RAISE RFRA:
(

A.OOPER V. TIPPY, CIVIL NO. 94-758 (NDNY) --IN THIS BIVENS CASE, A
~H INMATE ALLEGED THAT THE COMMON FARE PROGRAM AT FCI RAY BROOK DID

JOT COMPLY WITH BUREAU POLICY AND DID NOT MEET HIS RELIGIOUS NEEDS. HIS
:OMPLAINTS CENTERED ON SPECIFIC FOOD ITEMS AND THE ALLEGED FAILURE TO
~EEP SEPARATE UTENSILS.
INMATE WAS RELEASED IN JULy 1994. MOTION FOR
;UMMARY JUDGMENT PENDING SINCE OCTOBER 1994. NO NEW INFORMATION.
~.
KARRIEM .V. RIGGS, CIVIL NO. 93-0224 (DDC) --MUSLIM INMATE AND NON:NMATE MINISTER FILED FOR INJUNCTIOll TO REQUIRE BOP TO RECOGNIZE A RIGHT
~O HAVE A SPECIAL RELIGIOUS FEAST FOR RAMADAN IN DECEMBER, 1993, NOT ·IN
lINTH LUNAR MONTH AS IS RECOGNIZED AT PRESENT. THE CASE WAS ORDERED·
~RANSFERRED TO MDPA WHERE INMATE HAD BEEN HOUSED.
HOWEVER, THE INMATE
\PPEALED THE TRANSFER ORDER WHICH STAYED THE TRANSFER PENDING APPEAL.
~O ACTION IN CASE SINCE JULY 6, 1993.
NO ACTION SINCE LAST REPORT.

3.

MUHAMMAD V. REICH, 95-2318 (S.D.N.Y.)

?RETRIAL DETAINEE ABDUL-SHAHID FARRAKHAN MUHAMMAD, 36641-054, FILED THIS
3IVENS ACTION ALLEGING THAT THE WARDEN AT MCC NY DID NOT SAFEGUARD THE
tELIGIOUS INTERESTS OF THE NATION OF ISLAM. HE ALLEGES A DENIAL OF
\CCESS TO MINISTERS OF HIS FAITH AND DENIAL OF ACCESS TO A DECEMBER FAST.
tFRA IS NOT CITED IN THE COMPLAINT. NO NEW INFORMATION.
rRAVEL
JAVE

AND

LEAVE SCHEDULE

ESSIG TRAVEL--JULY 10-14 STAFF ASSIST - USP LEWISBURG & USP ALLENWOOD

( .. , ANNUAL LEAVE--NONE SCHEDULED
~

SADOWSKI TRAVEL--JULY 19-20 MALIK V HERSHBERGER TRIAL - SDNY

WNUAL LEAVE--JULY 3-7, JULy 17

JOYCE HORIKAWA TRAVEL--JULY 9-10 ROSARIO V. HORVATITS EVIDENTIARY HEARING - WDPA
~AL

LEAVE--JULY 17-21

iON HILL TRAVEL--NONE SCHEDULED
~AL LEAVE--NONE SCHEDULED
JIM VOGEL TRAVEL--NONE SCHEDULED
amruAL LEAVE--JULY 3
I

3008