Fbop Scr Monthly Report 2001nov
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Page 1 Joyce Zoldak - nov,rpt.wpd ._--_.- -_. __. ------_._---- - - - - ----------- u.s. Department of Justice Federal Bureau of Prisons Dallas, Texas 75219 South Central Regional Office December 7, 2001 MEMORANDUM FOR CHRISTOPHER ERLEWINE ASSISTANT DIRECTOR/GENERAL COUNSEL FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - November 2001 ADMINISTRATIVE REMEDIES RECEIVED ANSWERED JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V 198 122 175 121 218 135 208 150 238 148 265 167 233 206 240 150 250 165 342 185 259 202 DE C i ,k' .... TORT CLAIMS PENDING RECEIVED ANSWERED PENDING OVERSIXMO JA N FE B MA R AP R MA Y JU N JU L AU G SE P T NO V 225 72 80 217 227 49 48 228 0 231 86 69 248 0 239 72 61 250 0 260 69 68 261 0 252 53 48 257 0 264 82 82 264 0 255 81 60 276 0 272 60 69 263 0 256 95 63 269 0 281 57 61 277 2 0 OC DE C I t- FOIIPRIVACY PENDING RECEIVED ANSWERED PENDING OVER 20 DAYS JA N FE B MA R AP R MA Y JU N JU L AU G SE P 43 102 95 57 3 57 56 68 45 3 45 89 77 57 57 71 95 33 33 80 78 35 2 35 72 81 26 0 26 77 57 46 1 46 71 52 65 65 88 69 84 5 5 5 4246 OC T NO V 84 29 70 43 15 43 32 33 42 11 DE C I Joyce ZoJdak - nov.rpt.wpd Page 2 --_.-----_ ..__ . -- .. ( LITIGATION CASES RECD CASES CLOSED HABEAS CORPUS BIVENS FTCA OTHER LIT REPORTS HEARINGSI TRIALS SETTLEMENTSI AWARDS JA N 17 5 11 4 1 1 12 1 FE B 11 5 4 5 1 1 15 0 MA R 21 12 13 4 3 1 16 0 0 0 AP R 19 17 9 1 1 19 2 10 12 3 4 3 0 16 0 JU N 10 9 5 1 3 1 10 0 0 0 2 8 MA Y JU L 10 7 6 1 1 2 9 0 AU G 14 14 6 5 2 1 14 1 SE P 17 15 6 0 2 2 2 6 1 NO V 16 9 9 5 2 0 13 2 0 0 0 8 1 2 8 OC T 14 11 8 DE C CASES WITH HEARINGS OR TRIALS On November 6, 2001. an 18 U.S.C. §4245 commitment hearing was held regarding inmate Jay Larson. The court found that inmate Larson was suffering from a mental disease or defect requiring hospitalization at FMC Carswell for treatment. L- On November 27, 2001 an 18 U.S.C. §4246 commitment hearing was held regarding inmate Alonya Butler. a pretrial inmate currently committed to FMC Carswell under 18 U.S.C. §4241 (d). The court found that inmate Butler was suffering from a mental disease or defect which would create a substantial risk of injury or property damage if inmate Butler were to be released. Therefore, the court ordered her committed to the custody of the Attorney General for further treatment. t ( '. CASES WITH SETTLEMENTS OR AWARDS a. Adverse judgments None b. Tort Claim settlements None c. Other settlements I I: I None SIGNIFICANT CASES USP BEAUMONT Denard Neal v. Kathleen Hawk-Sawyer. et aI., 01-2021-RMU (~OC). The inmate plaintiff in this claims that his Eighth Amendment Rights were violated when he was tortured and sexually abused by staff in the Special Housing Unit in August and September of 2000. 2 4247 Joyce Zoldak· nov.rpt.~pd Page. 3 -------------------------------------- _- .. ... _- ._. I'\, He seeks $15.000.000 in punitive damages. $15.000.000 compensatory damages, court costs and attorney's fees. The Warden has referred the allegations. Plaintiff is now housed at USP Allenwood. Gerald Masterson v. United States of America. et a!, 1:01CV596·EDITX. The pro se inmate plaintiff in this matter alleges that several staff subjected him to excessive force during an incident which occurred on December 17. 1999. He also alleges that he was denied medical care for his injuries. The administrative tort claim inmate Masterson previously filed was denied on February 16, 2001. However, the defendants have been under criminal investigation and/or prosecution. and there are concerns regarding whether representation will be afforded. , , .' !.' Fel SEAGOVILLE Jones v. Soles, No. 3:99-CV-1237-M (N.D. Tex.). On November 20,2001, Magistrate Judge Paul D. Stickney issued a Report and Recommendation in which he recommended that the defendant's motion for summary judgment be denied. The plaintiff had alleged that the defendant, a Correctional Officer at Fel Seagoville who supervised the plaintiff's compound work detail. had retaliated against .him for seeking informal resolution of a dispute concerning the scheduling of the plaintiff's vacation time. The retaliation allegedly took the form of reassigning the plaintiff to Food Service for one day and subsequently having the plaintiff transferred to another low security institution, The Magistrate concluded that the plaintiff had properly plead "a chronology of events from which retaliation may plausibly be inferred" (the 5th Cir. standard for pleading retaliation claims where a plaintiff does not have direct evidence retaliatory intent) and. therefore, concluded that genuine issues of material fact existed which precluded summary judgment. I~ I II I I " I I The Magistrate also concluded that the defendant should not be afforded the protection of qualified immunity as there is a genuine issue of material fact as to whether retaliation actually occurred. and a reasonable Correctional Officer in defendant's position would know that taking adverse action against an inmate in retaliation for exercising his right to petition the government and his right of access to the courts is unconstitutional as the law is well established in this area. Dallas CLC staff and the I /' ~. t r AUSA assigned to the case are evaluating potential objections to the Report and Recommendation. • FCC BEAUMONT I Newman. In these previously reported cases and claims, the medical file was reviewed by Armed Forces Institute of Pathology (AFIP). wherein they determined that BOP medical care was not the proximate cause of the inmate's death. However, AFIP. has expressed significant concerns about the quality of care provided by the contractor (UTMB) at FCC Beaumont. I.. ! -. I 3 r', .. . .... - . --- - - - - - - - - - - . - - .. - - - - - - - -_. _ . - - - - - .. 4248 - . - - - - -_ _ _ _ _ _ _ _ _ _ _---l .' Joyce Zoldak - nov.rpt.wpd Page 4 SIGNIFICANT TORT CLAIMS FCIBASTROP Farmers Insurance Group. This is a subrogation claim brought by the insurance company of the driver of a vehicle which was involved in a collision by a staff-driven van in May 2001, while staff were escorting inmates on a local medical trip. The amount of ' the claim is $14,135.39. (TRT-SCR-2002-02711 ) Iwegbu. Former FCI Big Spring inmate Daniel Ify Iwegbu (currently designated at FCC Beaumont - Medium) claims that during an institution lockdown on March 6, 2001, staff used excessive force to place him in a SHU cell with four other inmates. The claimant asserts that the staff involved were aware that he had a pre-existing serious back injury, which 'was exacerbated by the application of excessive force, and which ultimately required surgical intervention. The claimant alleges that he sustained severe pain and that surgical treatment would not have been needed but for the exacerbation of his previous injury by the application of excessive force. He seeks compensation in the amount of $10,000,000.00. (TRT-SCR-2002-07187) I See Newman under Significant Cases. II SIGNIFICANT ADMINISTRATIVE REMEDIES t: USP BEAUMONT John B. Roux claims that he was denied proper medical treatment after being stabbed on May 12, 2001. It appears that inmate Roux's stab wound left him with a 15% occlusion of his left thorax (baSically blood collecting in his lung), which University of Texas Medical Branch (UTMB) staff diagnosed on May 15, 2001. After numerous x-rays and evaluations by UTMB staff, inmate Roux's left thorax occlusion increased from 15% to 65% and required him to be referred to the Hospital Galveston Emergency Room for treatment and eventual surgery in June of 2001. Inmate Roux now reportedly has decreased lung capacity in his left lung. At this time, we have concerns about the contract medical care. (Remedy No. 251204-F1) I i I ; I' i' lI I ! UPCOMING TRIALS OR HEARINGS CCM NEW ORLEANS Garza. Oral arguments before the 5th Circuit are scheduled for December 13, 2001. The plaintiff's counsel filed an appeal in this previously reported wrongful death case. i •. J ! I. FMC FORT WORTH I I 4 l j' 4249 Joyce Zoldak - nov.rpt.wpd e • • __...... _ _ _ _ •• Page 5 - . - - . - - - -..... - - - ..... . ... _ ... ( Diqideo. A hearing for inmate Digideo pursuant to 18 U.S.C. §4246 is slated for December 18, 2001, before Judge John McBryde . . A video conferencing is scheduled for January 7,2002, in the case of inmate . A Philadelphia federal court is interested in inmate Hatcher's medical condition. nmate Hatcher submitted her paperwork for compassionate release in 1996. and it was denied. We don't know whether inmate Hatcher will resubmit a compassionate release request. Inmate Hatcher is currently suffering from non-Hodgkin lymphoma and a host of other medical conditions. However, she is not expected to expire soon. . I MEDICAL MALPRACTICE LITIGATION See Newman under Significant Cases above. TORT CLAIMS See Newman under Significant Cases above. ( ENSIGN AMENDMENT '. None LITIGATION None TORT CLAIMS None RELIGIOUS FREEDOM RESTORATION ACT LITIGATION None 5 4250 . Joyce Zoldak - nov.rpt.wpd Page TORT CLAIMS None PRISON LITIGATION REFORM ACT ORDERS None .. SITUATIONS OF INTEREST , .. FCIBASTROP Judge R. Hinojosa of the Southern District of Texas, McAllen Division, visited the institution on November 2.2001. He teaches a course on federal sentencing at the University of Texas School of Law. and he brought his class to tour and dis~uss federal sentences. FMC FORT WORTH (' ...... ' I n m a t e _ , a self-proclaimed adherent of Christian Identity who arrived at FMC Fort Worth on October 18, 2001. has requested to be housed exclusively with "Aryan" inmates. Inmatetlll claims that being housed with "Aryan" inmates only is a central tenet of his faith. and alleges that he was afforded unspecified accommodation of some of his religious practices when he was previously housed at FCI Florence. A review and investigation of inmate_ request is pending. FDC HOUSTON The occupancy date of the CLC offices was delayed when Facilities staff encountered asbestos in the existing floor. Contract workers hired by GSA will conduct the removal of the asbestos on December 8 and 9,2001. Facilities staff will require approximately one additional week to complete the renovations. CRIMINAL MATTERS AND PROSECUTIONS FMC FORT WORTH t •• On October 22. 2001, an FMC Fort Worth perimeter patrol officer observed inmate attempting to escape the institution by attempting to scale the inside perimeter fence. The inmate was stopped and restrained by responding staff, and he remains in Administrative Detention pending FBt referral and investigation. Foe HOUSTON . ~u I .~ 1:j", I; 6 ( '. 4251 I Pag~ Joyce Zoldak - nov. rptwpd (' On Nove mber 16, 2001, the (S DITX) Court granted the motion for release on bond pending appeal filed by a former FDC Houston correctional officer, Anthony Ray Carter. Mr. Carter intends to appeal the sentence imposed in con nection with his conviction for Sexual Abuse of a Ward . Specifically, Mr. Carter contends institution staff improperly submitted a letter to the U.S. Probation Office recommending that the Court impose a term of incarceration. USP POLLOCK On November 24. 2001, staff found Pamela Copeland , prospective visitor of inmate Dewayne Ervin, to be in possession of 27 grams of a green leafy substance which appeared to be marijuana . Ms. Copeland had the marijuana in 12 balloons that she had concealed on her person . Ms. Copeland consented to a visua l search, which the Warden had authorized based upon intelligence gathered by institution SIS staff. The FBI were on-site at the time of the sea rch and took Ms. Copeland into custody. On Nove mber 28, 2001 , Ms. Copeland was indicted in the Western District of Lou isiana for Providing or Possessing Contraband in Prison, in violation of 18 USC 1791. FCI TEXARKANA Inmate Martinez-Ortega entered a plea agreement in the ED/TX for Possession of a Weapon in a Correctional Facility and is awaiting sentencing . He was indicted on July 10,2001 . ( Inmate Bernard Garcia was sentenced in the ED/TX on November 19, 2001, to 24 months, for his escape from the sate llite camp on January 21 , 2001. PERSONAL ISSUES Scheduled Annual/Sick Leave : - December 7 - December 14 - Annual Leave - Annual Leave - December 19-30 - Ann ual Leave - Dece mber 20-24 - Annual Leave 7 -_._ - - - -- - - - - - 42:;2