Fbop Scr Monthly Reports 1996oct-dec
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u.s. Department of Justice Federal Bureau of Prisons Dallas, Texas 75219 South Central Regional Office November 5, 1996 MEMORANDUM FOR WALLACE H. CHENEY ASSISTANT DIRECTOR/GENERAL COUNSEL CENTRAL OFFICE FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - October, ~;1996 ADMINISTRATIVE REMEDIES JAN ived 97 70 FEB 71 116 MAR 52 87 APR 72 32 MAY 68 71 JON 73 44 JUL 89 116 AUG 87 76 SEP 75 58 OCT 83 101 NOV DEC AUG SEP 147* 156 39 57 30 47 156 166 0 0 OCT NOV 166 45 62 150* 0 DEC SEP 176 40 62 154 114 OCT 154 49 27 176 127 NOV DEC SEP OCT NOV DEC TORT CLAIMS JAN 186 60 36 # Answered 210 Pending # 0 # Over Six Mon TO TORT * ADJUSTED FEB MAR APR MAY JON JUL 210 199 199 173 148 147 52 44 71 48 64 50 55 52 97 73* 65* 51 199 199 173 148* 147* 146 2 1 1 0 1 1 DATA BASE FOR OCTOBER 1996 FOI/PRIVACY FEB MAR Pending 145 142 137 Received 23 36 42 Answered 26 41 18 Pending 142 137 161 Over 30 Days 0 95 142 ADJUSTED FOR PHYSICAL COUNT JAN # # # # # * APR 161 55 28 162 126 MAY 162 31 16 177 146 177 184 37 43 29 63 184* 164 148 121 AUG 164 40 28 176 136 MAR. APR MAY JON JUL AUG JON JUL IGATION JAN FEB 2 New Cases Reed ses Closed s Corpus FTCA Other Lit Reports 17 8 7 7 3 0 12 21 4 14 5 0 2 27 Cases With Hearing 0 1 or Trials Cases With Settlements 1 0 or Awards Tort Claim 0 0 Settlements 23 7 13 8 0 16 16 5 10 6 0 1 10 12 14 5 4 2 1 9 0 3 2 4 1 2 0 0 0 0 1 0 0 0 9 3 4 4 0 1 10 18 8 10 5 2 1 9 19 1 8 7 4 0 7 14 4 8 4 0 15 11 7 6 4 1 0 8 0 1 1 1 1 0 0 0 0 0 2 2 SIGNIFICANT CASES Veteto v. Ralph, 92-1139-A (WO/OK) Case arising out of EI Reno resurfaced; District court decides that case has merit after four years dormancy. Key issue is proper service of process to all named defendants where defendants are now all in various locations throughout the Bureau, and some have resigned. CASE WITH SETTLEMENT OR AWARD None CASE WITH HEARING OR TRIAL Glenn H. Zacher v. Kathleen Hawk. et al., C.A. No. 96-405 A Spears hearing was conducted on October 8, 1996. dismissed. Case L.J. and Maylene Carter v. USA, C.A. No. LR-C-95-407 (ED/AR) 3 A hearing was held on October 23, in Little Rock, Arkansas. This is the case in which we assessed subsistence fees against 2 defendants who were direct court commitments to the CCC, despite the fact that the J&C imposed a fine, and contained the standard language "This fine includes cost of incarceration and/or supervision." The hearing went surprisingly well, but we are in the process of supplementing the record (the ·Judge asked for additional documentation) and no ruling has been issued yet. u.s. v. Joseph Clinton Weinmunson, III, CR. No. 96-10008-01 (WD/LA) A hearing was held on October 29, in Shreveport, Louisiana. This criminal case involved Sentencing Guidelines issues, and the Judge's desire that the defendant serve his term of imprisonment in a CCC. Because of the nature of the defendant's offense (possession of child pornography), we did not follow the Judge's "recommendation" for halfway house placement. Other issues (e.g., a claim by the USPO that we had "promised n to place this inmate in a CCC) were also involved. At the hearing, the Judge resentenced the defendant to probation with a condition of one year CCC placement. Whitney Broach v. Christopher M. Zepher, et al., C.A. No. H-96-14S0 (SD/TX) An emergency telephone hearing was conducted on October 11, as a result of petitioner's emergency petition, asking that the Bureau of Prisons not release her. Ms. Broach claimed that she was in need of surgery for removal of leaking breast implants (true), and that the Bureau of Prisons had an obligation to pay for her surgery. Thus, she sought an order that she be kept in custody so that the surgery could be performed at the government's expense. The Community Corrections Office in Houston was instrumental in gathering information on extremely short notice (approximately 24 hours lead time), whereby we .proved to the judge that Ms. Broach had been offered the surgery in the past by the BOP, but refused those offers. The emergency petition was denied. UPCOMING HEARING OR TRIAL 4 Fuller v. Martyn, et al., C-95-603 (SD/TX) Spears hearing has been remanded to Magistrate Judge. date unknown at this time. Hearing Vallier v. Harris, et al., A-93-CA-41 (WD/TX) A Bivens action for cruel and unusual punishment in connection with a heart attack, is scheduled for trial in Austin on November 12, 1996. Docket Call is scheduled for November 8, 1996. Oddly, there has been no scheduling order. The case will be tried with a jury before a magistrate. The crux of the case is fairly simple. The plaintiff claims that Dr. Harris informed him that he had suffered a heart attack, and that he should take Motrin. Dr. Harris denies making such a statement. Dr. Dieck, the treating physician at the hospital to which the plaintiff was subsequently taken, who is also the plaintiff's expert witness, has stated in his deposition that in his opinion, there was no deliberate indifference to the serious medical needs of the plaintiff. with respect to the other two defendants, both PAs, the plaintiff's attorney admits there is no case against them, and that the plaintiff will probably voluntarily dismiss the suit as against them. Banks v. Gibson, et al., A-95-CA-292JN (WD/TX) A Bivens action, is scheduled for pre-trial conference on December 9, 1996, for a bench trial before a magistrate that same week in Austin. There is no evidence that the slip-andfallon a wet floor in the unit, which the plaintiff alleges resulted in damage to his back, ever occurred. The plaintiff claims that two correctional officers on duty were aware the floor was wet and violated the plaintiff's Eighth Amendment rights by failing to ensure it was remedied. The officers claim to have been unaware of the condition of the floor. Other than the plaintiff, there are no witnesses to testify as to the condition of the floor. A number of staff members will testify that they saw the plaintiff play vigorous contact sports such as basketball and football for a long time after his alleged accident. Grigsby V. DOJ, 94-1293 Mediation Conference (WD/LA) has been temporarily postponed due to an 5 illness of Mr. Grigsby's attorney. reschedule. Counsel are attempting to MEDICAL MALPRACTICE Torts: Inmate Richard Burt, Reg. No. 02403-095, of FCI Texarkana, requests $600,000.00 for personal injury for alleged medical indifference. He claims medical staff failed to treat him for ulcers resulting in emergency surgery for an ulcer perforation. He claims he is not treated for severe arthritis or a skin disorder. Investigation is pending. (T-SCR-96-352) CRIMINAL MATTERS/PROSECUTIONS FCI, TEXARKANA Two incidents were referred to the prosecution. u.s. Attorney's office for On October 16, 1996, four balloons containing mar~Juana were confiscated from inmate Martin Jackson, Reg. No. 07953-055. The FBI was contacted on October 17, 1996, and declined prosecution. This matter will be re-presented to the FBI and if necessary to the u.s. Attorney's office. On October 17, 1996, inmate Ramirez, Reg. No. 27688-077, was assaulted by inmate Hernandez, Reg. No. 72163-079, at the satellite camp. Inmate Hernandez struck inmate Ramirez with a combination lock and a clothes iron. The assault was reported to the FBI on October 21, 1996. The FBI declined prosecution. FPC, BRYAN We expect the AUSA (Gerald Doyle, SD/TX-Houston) to decline prosecution in the Vincent Rosas case. Mr. Doyle cites the. lack of credible and forthcoming witness testimony as the basis for not prosecuting. No change in the Schielack case. for December 6th. Sentencing is still scheduled 6 Additional interviews are taking place in the Mota case by OIG agents. We still have no indi cat ion as to whether prosecution will be pursued in this matter. FCI, THREE RIVERS The main witness in the Garcia-Chavez homicide has testified before the grand jury. The U.S. Attorney's office is reviewing the case for pres entat ion of an indictment to the grand jury. FCI, EL RENO Ramos-Juarez, Raul, Reg. No. 56817-079, Possession FBI accepted. of Weapon, Muniz, Edwardo, Reg. No . 69237-080, Possess ion of Weapon, FBI accepted. Watts, Christopher, Reg. No. 25 757-077, Assault on Inmate, FBI declined - no staff witnesses. Hilliard, Rocky , Reg . No. 12401-076, Possession of Narcotics, FBI investigating. Erving, Anthony, Reg. No. 18804-016, Assault on Inmate, FBI accepted. SIGNIFICANT TORT CLAIMS None TORT CLAIM SETTLEMENT None SIGNIFICANT ADMINISTRATIVE REMEDIES None SITUATIONS OF INTEREST 7 FCC BEAUMONT On October 2 , 1996 , Regional Counsel, Deputy Regional Counsel, and Supervisory Attorney met with U.S. Attorney and Magistrate Judge Hines regarding potential legal issues at FCC Beaumont. On October 9, 1996, Supervisory Attorney met with Magistrate Judge Radford regarding legal issues at FCC Beaumont. On October 15, 1996, we were notified by OGC that the request for concurrent jurisdiction for FCC Beaumont was signed by Assistant Attorney General and forwarded to Texas Governor. FTC OKLAHOMA On October 7 , 1996 , Harry T. Edwards, Chief Judge , U.S. Court of Appeals, District of Columbia toured the facility with Brooks Howard, U.S. Marshals Service. On October 15, 1996, Correctional Officers Dahl Hendrickson and Frederick Russell, along with former Lieutenant Rosa Howard (now Captain at FCI Taft) appeared before the Grand Jury in the Western District of Oklahoma regarding the Trentadue issue. FCI BASTROP Gave a tour to four Assistant U.S. Attorneys all prosecutors, from Houston. PERSONAL ISSUES Mike Hood November 19-20 November 29 FCI Three Rivers Annual Leave Scott Bomson November 12 Annual Leave Marsha Foulks November 12 Austin , Texas Linda Nutt November 29 Annual Leave Lesa Pamplin-Scott - November 12 Annual Leave Karen Summers November 15 November 18,19 Annual Leave Admin. Leave '. 8 Patsy Davis November 8, 29 Paul Layer November 22 November 27,29 Annual Leave "ROPES" Training Orange, Texas Annual Leave Mike Flagor November 8, 29 Annual Leave An Tran November 4-22 November 29 Acting Executive Assistant Annual Leave November 25-29 Annual Leave Jeanne Whitecotton- u.s. Department of Justice Federal Bureau of Prisons South Central Regional Office Dallas, Texas 75219 December 5, 1996 MEMORANDUM FOR WALLACE H. CHENEY ASSISTANT DIRECTOR/GENERAL COUNSEL CENTRAL OFFICE FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - November, 1996. INISTRATIVE REMEDIES # Received # Answered JAN 97 70 FEB 71 116 MAR 52 87 APR 72 32 MAY 68 71 JUN 73 44 JUL 89 116 AUG 87 76 SEP 75 58 OCT 83 101 NOV 81 72 DEC TORT CLAIMS # # # # # * JAN FEB MAR APR MAY JUN JUL Pending 186 210 199 199 173 148 147 Received 60 44 52 71 48 64 50 Answered 36 55 52 97 73* 65* 51 Pending 210 199 199 173 148* 147* 146 Over Six Mon 0 2 1 1 1 0 1 ADJUSTED TO TORT DATA BASE FOR NOVEMBER 1996 AUG SEP 147* 156 39 57 30 47 156 166 0 0 OCT NOV DEC 166 150 45 43 62 50 150* 141* 0 0 AUG 164 40 28 176 136 OCT 154 49 27 176 127 FOI/PRIVACY # # # # JAN Pending 145 Received 23 Answered 26 Pending 142 r 30 Days 0 FEB 142 36 41 137 95 MAR 137 42 18 161 142 APR 161 55 28 162 126 MAY 162 31 16 177 146 JON JUL 177 184 37 43 29 63 184* 164 148 121 SEP 176 40 62 154 114 NOV 176 32 56 152 120 DEC 2 FOR PHYSICAL COUNT LITIGATION 7 6 4 MAY 9 3 4 4 JUN 18 8 10 5 JUL 19 1 8 7 AUG 14 4 8 4 SEP 16 5 10 6 OCT 12 14 5 4 NOV 21 9 16 2 2 0 15 1 0 8 0 1 10 2 1 9 4 0 7 2 0 16 0 1 10 2 1 9 1 2 9 0 1 1 1 0 3 2 4 1 1 0 0 1 2 0 0 0 2 0 0 0 0 1 0 0 0 0 FEB 21 4 14 5 MAR 23 7 13 8 APR 0 3 FTCA 0 2 Other 12 27 Lit Reports Cases With Hearing 1 0 or Trials Cases With Settlements 1 0 or Awards Tort Claim 0 0 Settlements JAN New Cases Reed 17 8 Cases Closed 7 Habeas Corpus 7 Bivens 11 DEC SIGNIFICANT CASES Stewart v. Ralph, EP-96 -CA-453F (WD/TX) The case is interesting because it is based on a Hindu inmate's complaint that the common fare meal plan violates hi s 8 th Amendment rights because it cont ains items such as meat, fish, poultry, eggs, onions and garlic that may not be offered before God in prayer. The inmate also complains that he is not a l lowed to remove offensive it ems fr om his tray for fear of bei ng removed from the commo n fare meal plan. Terise Ahr v. Federal Bureau of Prisons, 43932-272, District Court of Brazos County, Texas This is a case which has been filed in state court in regard to the Bureau's alleged failure to comply with the terms of a sett l e me nt ag r eement between Ms. Ahr, a former employee, and the Bureau. We are working with the Assistant U.S. Attorney, Robert Bernard, to have the case removed to Federal court. Following the removal, we will r espond to the merits of the case. 3 Loudermilk v. Franco, EP-96-423 - H Received a favorable decision. The case involved early release under 3621(e), and our decision not to place the inmate in a halfway house for transitional services. CASE WITH SETTLEMENT OR AWARD Venegas v. Warden, 96-1359LC (WD!LA) We received an adverse decision in this 3621(e)e case out of the Western District of Louisiana, Lake Charles Division . The court relied upon the reasoning of Downey, held that the language of 3621(e) is not ambiguous (i.e., that the term "crime of violence" has an accepted meaning and definition) , and that our interpretation "conflicts with the plain language of the statute ." The court then went on to order that the inmate get the one year reduction. Our motion for reconsideration has been denied. U.S. Attorney's office is recommending appeal. Cardona-Sandoval v. Brush, No. 96-1583 (WD!LA) We received an adverse decision on this habeas case. The offender was on parole, got picked up for committing a crime while on parole, and received a sentence for that new crime. The Parole Commission took a long time to file a parole violator detainer, and the new conviction was subsequently overturned. We gave the inmate credit against his parole violator term for all days after the filing of the parole detainer, but not any time prior to filing of the detainer. The USPC asked us to nunc pro tunc the detainer back to the date of inmate's arrest, but we couldn't because the detainer wasn't in existence at the time. We asked the USPC to take the inmate's "dead time" into account in imposing the violator term, but they felt their regulations prohibited them from doing that. The judge has now ordered that the "dead time" be credited to the parole violator term. Neither the Parole Commission nor our office recommends appea l. The inmate was originally scheduled for release on November 25 , 1996. This moves his release date up by about a week or 2. Since he is being turned over to INS for deportation back to Columbia , all 4 this does is move the deportation up by a week or so. CASE WITH HEARING OR TRIAL Vallier v. Harris. et al., No. A-93-CA-41 (WD/TX) We prevailed on all claims in this Bivens case. The case, involving allegations of deliberate indifference to medical needs (failure to diagnose and/or treat a heart attack) was handled by Martin Sweaney (FCI Bastrop) and Assistant u.s. Attorney Harold Atkinson. In addition, our Honors Attorney, Marsha Foulks, attended the trial, (conducted November '12 and 13) and sat as 3d chair. After several hours of deliberation, the 6 person jury ruled in favor of our staff members on all claims. The inmate was represented by counsel. UPCOMING HEARING OR TRIAL Spanjol v. USA, 4:94-CV-237 (ND/TX), was postponed. been rescheduled for March 10, 1997. It has MEDICAL MALPRACTICE Torts: Inmate Edward Funches, Reg. No. 37764-054, from FMC, Fort Worth has filed a tort claim alleging that medical staff failed to properly treat him for a decubitus ulcer and as a result he was required to undergo a surgical procedure. He is seeking $1.5 million in damages. (T-SCR-96-415) Inmate Jose Reynoso-Olascoaga, Reg. No. 64714-079, from FeI, Big Spring has filed a tort claim alleging that he did not receive adequate treatment for a broken jaw. Mr. Reynoso-Olascoaga alleges that on May 11, 1996, while he 5 was walking on the track a t FCI, Big Spring, he was struck with a bat thrown from the adjacent softball field. The inmate was taken to a community hospital, but there was no dentist or ora l surgeon available a nd the inmate was given a pain medication and ice pack and sent back to the institution for the night. The inmate was examined the next day in the institution hospital, and the medical staff advised him that his jaw would have to be wired closed. The inmate refused the procedure at that time. It is unknown if the procedure was later performed. The inmate i s seek ing $10 million in damages. (T-SCR-96-430) LITIGATION: Johnigan v. Trueblood, et al., No. 3:96-CV-2434-T Plaintiff alleges medical staff misdiagnosed his broken foot and he suffered severe pain as a result. CRIMINAL MATTERS/PROSECUTIONS FCI, TEXARKANA One incident was referred to the U.S. Attorney's Office for prosecution. On November 12, 1996, Inmates Cordona-Rodriguez, Reg. No. 61017-079, and Morris Haughton, Reg. No. 50380-079, became involved in a heated verbal argument in the Dining Hall . Haughton then assaulted Cordona-Rodriguez by cutting him across the forehead with a single edge razor blade. Cordona-Rodriguez received 32 sutures to close the wound. The incident was referred to the FBI on November 12, 1996. The incident is being presented to the Grand Jury ' for possible prosecution. FPC, BRYAN Assistant U.S. Attorney Gerald Doyle, Southern District of Texas-Houston, has declined prosecution in the Vincent Rosas case. Mr. Doyle cites the lack of credible and forthcoming witness testimony as the basis for not prosecuting. issued a letter to Mr. Rosas proposing termination. No change in the Schielack case. We have Sentencing is still scheduled 6 for December 6th. Additional interviews are taking place in the Mota case by OIG agents, who will be back in the institution during the week of December 2nd. We still have no indication as to whether prosecution will be pursued in this matter. FCI, THREE RIVERS The U.S. Attorney's Office is still reviewing the Garcia-Chavez case for presentation of an indictment to the grand jury. On November 13, 1996, UNICOR staff observed inmates Carlos Dolores-Rodriguez, Reg. No. 33472-198, and Juan Alberto Gonzales, Reg. No. 54431-080, in a verbal confrontation which led to inmate Gonzalez attempting to strike inmate DoloresRodriguez with a screwdriver. Inmate Dolores-Rodriguez avoided the blow and simultaneously struck inmate Gonzalez on the left side of the neck with a utility knife causing a deep laceration. Both inmates separated and dropped their weapons when ordered to do so by staff. Inmate Gonzales was airlifted to a local hospital. He has been released from the hospital and is recovering from his injury. Dolores-Rodriguez was treated for a small abrasion to his left knee and placed in administrative detention. The FBI was notified. The U.S. Attorney's Office declined prosecution because the circumstances did not warrant prosecution, as the inmate's actions would be construed as self defense. The Warden concurs with the decision to not prosecute the inmates. Both inmates are pending disciplinary action and be recommended for separation status. FCI, EL RENO Sells, Dennis, Reg. No. 06113-062, Camp Escape, USM investigating. Wilson, Antonio, Reg. No. 07191-062, Assault/Introduction of Drugs, indicted. Jones, James, Reg. No. 07148-062, Introduction of Drugs, FBI indicted. Luevano, Juan, Reg. No. 22720-077, Introduction of Drugs/Assault, indicted. Hardwood, William, Reg. No. 03271063, Camp Escape, FBI accepted. 7 Harris, Jerry, Reg. No. 12187-064, Introduction of Drugs, FBI declines due to small amount. Perez, Virginio, Reg. No. 60665-080 , Camp Escape, USM investigating. Aerceo, Elido, Reg. No. 76999-080, Camp Escape, USM investigating. FMC, Fort Worth The FBI has declined to prosecute Gutierrez, Paulo, Reg. No. 22336 -080 . FMC, Carswell Staff Chap lain may be indicted under 18 USC Section 2243(b), Sexual Abuse of a Ward, and/or a misdemeanor regarding making false statement during an official investigation. FTC, Oklahoma One matter of sexual assault was referred to the FBI, but the matter was declined and referred to the Oklahoma City Police Department instead. SIGNIFICANT TORT CLAIMS None TORT CLAIM SETTLEMENT None SIGNIFICANT ADMINISTRATIVE REMEDIES None SITUATIONS OF INTEREST 8 FCI BASTROP On November 14, Martin Sweaney played an integral role in a tour of 17 high-ranking justice officials from 10 Spanishspeaking counties. FCI, Three Rivers Charles Wendlandt, Assistant U.S. Attorney, spent the day in the institution interviewing staff concerning Fuller v. Martyn. et al., C-95-603. He a lso toured the institution with Paralegal Julie Gerardi. FMC, Fort Worth FMC, Fort Worth is scheduled to host the Sentencing Institute on January 7, 1997. Paralegals Carl Selogy and Linda DuBose are actively involved on the Planning Committee. They anticipate they will have 100 Federal Judges touring Fort Worth and in interview groups with selected inmates. FTC, Oklahoma City During the week of December 9-13, 1996, the Executive Staff will be in Oklahoma City for the Executive Staff Meeting. Executive Staff will tour the facility on Wednesday, December 11, 1996 . FCI, Texarkana Henry Alvardo, Inmate Systems Supervisor, was subpoenaed by the United States Attorney, Northern District of Texas, to testify in the United States of America v. Jeffery H. Reynolds. III, Case Number 3:96-CR-271-P. Mr. Alvardo answered a telephone notification that Jeffery Reynolds, Reg. No. 61306-080, failed to report to a Community Corrections Center. PERSONAL ISSUES Annual Leave Mike Hood December 23-27 9 Of Linda Nutt Henry Castro Patsy Davis Paul Layer Julie Gerordi Linda DuBose Carl Selogy Mike Flagor Jim Schluter December December December December December December December December December 26 - January 3 23-24 30 - January 3 23 - January 3 5-6 and December 26-27 23 - December 31 26-27 23-27 19 - January 6 U.S. Department of Justice Federal Bureau of Prisons Dallas, Texas 75219 South Central Regional Office January 6 , 1997 MEMORANDUM FOR WALLACE H. CHENEY ASSISTANT DIRECTOR/GENERAL COUNSEL CENTRAL OFFICE FROM: Michael D. Hood, Regional Counsel SUBJECT: Monthly Report - December, 1996 ADMINISTRATIVE REMEDIES # Received # Answered JAN 97 70 FEB 71 116 MAR 52 87 APR 72 32 MAY 68 71 JUN 73 44 JUL 89 116 AUG 87 76 SEP 75 58 OCT 83 101 NOV 81 72 DEC 60 81 TORT CLAIMS # # # # # * Pending Received Answered Pending Over Six ADJUSTED JAN FEB MAR APR MAY JUN JUL 186 210 199 199 173 148 147 60 44 52 71 48 64 50 36 55 52 97 73* 65* 51 210 199 199 173 148* 147* 146 Mon 0 2 1 1 1 0 1 TO TORT DATA BASE FOR NOVEMBER 1996 AUG SEP 147* 156 57 39 47 30 156 166 0 0 OCT NOV DEC 166 150 141 45 43 38 62 50 28 150* 141* 151 0 0 0 FOI/PRIVACY JAN 145 # Pending 23 26 142 # Over 30 Days 0 FEB 142 36 41 137 95 MAR 137 42 18 161 142 APR 161 55 28 162 126 MAY 162 31 16 177 146 JUL . AUG 177 184 164 37 43 40 29 63 28 184* 164 176 148 121 136 JUN SEP 176 40 62 154 114 OCT 154 49 27 176 127 NOV 176 32 56 152 120 DEC 152 29 101 80 39 ~ 2 • ADJUSTED FOR PHYSICAL COUNT LITIGATION FEB 21 4 14 5 MAR 23 7 13 8 APR 11 7 6 4 MAY 9 3 4 4 JUN 3 0 FTCA 0 2 Other 12 27 Lit Reports Cases With Hearing 0 1 or Trials Cases With Settlements 1 0 or Awards Tort Claim 0 0 Settlements 2 0 15 1 0 8 0 JAN New Cases Recd 17 8 Cases Closed 7 Habeas Corpus 7 Bivens 18 8 10 5 JUL 19 1 8 7 AUG 14 4 8 4 SEP 16 5 10 6 OCT 12 14 5 4 NOV 21 9 16 2 DEC 21 9 18 2 0 1 10 2 1 9 4 0 7 2 0 16 0 1 10 2 1 9 1 2 9 0 1 13 1 1 1 0 3 2 4 1 2 1 0 0 1 2 0 0 0 2 0 0 0 0 0 1 0 0 0 0 0 SIGNIF ICANT CASES Daas v. Scott. et al . , C.A. No. CV96 - 0724 (WD/LA) Plaintiff is a detainee at FDC Oakdale. He has alleged that he has been retaliated against (in the form o~ disciplinary action and AD placement) for fi l ing lawsuits/grievances. The Magistrate Judge has taken a particular interest in the case, and a motion to dismiss has been filed , along with a "Report" detailing the reasons for plaintiff's latest placement in AD . William Pau l Shaver v. United States Bureau of Prisons. et al. , C.A. No. 4:96CV419 (ED/TX) In this Habeas action, the inmate alleges he is improperly incarcerated. He asserts that the petition for revocation of supervised release was filed more than five months after the supervision should have been terminated. FMC Fort Worth has received 10 Habeas Corpus petitions requesting deportation pursuant to the new INS procedure. 3 CASE WITH SETTLEMENT OR AWARD None CASE WITH HEARING OR TRIAL Broach v. Zepher, et al., C.A. No. H-96-14S0 (SD/TX) A Spears hearing was held December 30 on this case which was originally filed as a habeas, but was "converted," at the Court's behest, to a potential Bivens claim. The case involves allegations regarding disciplinary action taken at a Houston CCC, as well as failure to provide plaintiff with surgery for removal of leaking breast implants. No ruling has been issued yet, but we are extremely confident that the court will dismiss the case as to the BOP defendant. UPCOMING HEARING OR TRIAL The Spaniol case was postponed. March 10, 1997. It has been rescheduled for MEDICAL MALPRACTICE None CRIMINAL MATTERS/PROSECUTIONS FPC, BRYAN Ron Scheilack, former Materials Handler Supervisor, was sentenced on December 6, 1996, to a five year term of probation, 4 months home confinement, and fined $2,000. He is also prohibited from seeking employment with any Federal, state or local law enforcement agency during the term of his probation. Vincent Rosas has been issued a proposal letter indicating he will be terminated on December 27, '1996. He appeared and provided a response to Warden Beasley regarding the proposal on December 17, 1996. A letter regarding the ' final decision is in 4 the review process, and should be issued within the next few days. ~ion into allegations of sexual impropriety by tIIIIIIIIIIIIIJ Physician Assistant, continues. OIA agents and an AUSA from ~ain Justice (Civil Rights) will be in the institution during the week of January 1997 to interview the subject and others. II1II As an offshoot of the case, all~al impropriety have been raised against~ Correctional Officer. During an interview of an ~nmate involved in the lllll case, a semen sample was provided by the inmate who claimed ~t had been from Officer lllllll . OIG and the FBI have confirmed that the sample is semen and have apparently determined the blood type of the person who produced the semen. During their visit in January 1997, a search warrant will be executed in order to obtain a blood sample from Officer tllllla · FTC, Oklahoma Two incidents were reported to the FBI, one inmate assault on inmate and one inmate assault on staff for spitting. The FBI decided not to submit these matters to the u.s. Attorney's Office for prosecution. FCI. OAKDALE Inmate Soeung Chhunn, Reg. No. 05755-041, stabbed inmate · Jonathan Lock, Reg. No. 10020-265, on the ~HU recreation yard in November, 1996 . The investigation has been referred to the FBI. The investigation should soon be completed and the case forwarded to the u.s. Attorney's Office. Inmate Donald Smith, Reg. No. 10043-078, walked away from the camp. This camp inmate was on an "extended unapproved furlough" in early December, 1996. (He went to visit his wife in Beaumont). Initially referred to FBI because of possible kidnaping; however, once that was disproved, the FBI backed out of the picture. The institution then referred the complaint to the u.s. Marshal's Service. The investigation should be 5 complete or very close to being completed . forwarded to the u.s. Attorney's Office. It will then be FeI , TEXARKANA On December 4, 1996, Inmate Morris Haughton, Reg. No. 50380079, was indicted. This incident was initially reported last month . On November 12, 1996, Inmate Haughton assaulted Inmate Cordova-Rodriguez, Reg. No. 61017-0 79, after a heated verbal argument in the dining hall. Haughton cut Cordova-Rodriguez with a single edge razor blade. Cordova-Rodriguez received 32 sutures to close the wound. The incident was referred to the FBI on November 12, 1996. FCI, THREE RIVERS The u.s. Attorney's Office is awaiting the results of additional forensic evidence to be released by the FBI in the Garcia-Chavez homicide case for presentation of an indictment to the grand jury. Thomas Summerville, Reg. No. 01970-190, is pending prosecution for phone/credit card fraud. Inmate established an outside contact whom was employed with a moving company. This individual provided inmate with customer names, credit card and social security numbers. The credit cards were used to order various items which were delivered to the inmate's residence. This activity occurred over a long period of time and involves the FBI, CIA and several state agencies . The CIA is interested in prosecution. SIGNIFICANT TORT CLAIMS MEDICAL Inmate Eric LAWRENCE, Register Number 60517-080, filed an administrative claim number T-SCR- 96 -470, on December 24, 1996, alleging that medical staff at FMC, Fort Worth has been negligent because he has received his Insulin injections two hours late for three weeks. He claims that his body has had to adjust to receiving the shots later and that it is "taxing on his system. u He also states that because of the medical treatment he has received over the last four years for his 6 diabetic condition, he has suffered a stroke and is now legally blind. He seeks sixty thousand dollars ($60,000.00) compensation for personal injury. Inmates Gene GRAVENMEIR , Register Number 08224-097; George JANIS, Register Number 37039 -198; and Robert BUTLER, Register Number 68846-079 have filed administrative tort c l aims alleging that they are being exposed to second hand smoke at FMC, Fort Worth. Mr. Gravenmeir (T-SCR-96-391) seeks $5 , 030,000 .0 0. The investigation by staff at FMC, Fort Worth indicates that Mr. Gravenmeir has been incarcerated in the BOP since July 3, 1996. He currently has been housed at FMC , Fort Worth due to his medical history of hypertension, major. depression, and a previous cerebrovascular accident in July 1995. On October 9, 1996, Mr. Gravenmeir was referred to the institution psychologist who noted that he was irritable due to being housed in an area where smoking is permitted. On October 11, 1996, he was evaluated and treated for a possible upper respiratory infection and on October 18, 1996, he was evaluated by a contract psychiatrist. Mr. Gravenmeir was treated on October 30, 1996, for a runny nose and he complained of inmates smoking around him. His lungs were clear and a normal nasal mucosa. On November 6, 1996, he again complained to medical staff about the smoking, and he said that the smoking was causing him to cough; the examination was normal. Staff indicate that there is nothing to indicate that Mr. Gravenmeir has suffered because of second hand smoke. Mr. Janis (T-SCR-96-427) seeks $12 , 940,000.00. The investigation reveals that he has been incarcerated in the BOP since April 27, 1995. He has sought treatment on multiple occasions for a dry cough , and has been diagnosed with an upper respiratory infection. On November 12, 1996, he complained to medical staff that the smoking in the housing units is causing his cough, runny nose, and watery eyes. The physician noted that the runny nose, cough, and watery eyes was secondary to smoke in the environment. Mr. Janis had a heart condition and breathing problems prior to being incarcerated and at his own admission, it was related to second hand smoke. However, he alleges that inmates are allowed to smoke in common areas in the housing unit. Robert Butler (T-SCR-96-446) seeks $286,000.00 in damages. He has not made any specific allegations regarding his injuries. 7 He simply states that he h as been exposed to second hand smoke since his first day of incarceration. We have not received an investigation from institution regarding this claim. It should be noted that FMC, Fort Worth implemented a "nonsmoking" policy in Dallas and Fort Worth units beginning January 2, 1997 . TORT CLAIM SETTLEMENT None SIGNIFICANT ADMINISTRATIVE REMEDIES None SITUATIONS OF INTEREST FCC, Beaumont On December 4, 1996, Paul Layer, Karen Summers, and Larry Weston (DHO) hosted a tour of the FCC Beaumont for Ruth Yeager, Chief of Civil Division, U. S. Attorney's Office, Eastern District of Texas, and some of her staff, including Moni Henderson, Paralegal Specialist, who will primarily handle FCC Beaumont cases in the u.S. Attorney's Office, and Civil Assistant u.S. Attorney O. Kenneth Dodd. On December 6, 1996, Paul Layer and Karen Summers, hosted a tour of the FCC Beaumont for local u.S. National Park Service law enforcement officers. The request for a tour was made by John Stevens, Chief of Criminal Division, u.S. Attorney's Office, Eastern District of Texas, who was obligated to provide the officers with annual training. December 12, 1996, Paul Layer, Karen Summers, and Larry Weston (DHO) , attended the Restorative Justice VideO-Teleconference at Lamar University, Beaumont, Texas . The video conference was produced by the Department of Justice and National Institute of 8 corrections. ~. FMC, Carswell High profile inmate Susan McDougal has generated additional legal and medical issues. FeI, Three Rivers Fuller v. Martyn. et al., C-95-603. Bivens case. Plaintiff continues to file motions which are unrelated to the original complaint. He has filed a motion requesting the addition of four BOP staff members as defendants in his lawsuit. These alleged actions by these defendants are unrelated to original complaint. PERSONAL ISSUES Scott Bomson's last day in the office will' be January 31 .