Skip navigation

Fbop Scr Monthly Reports 2001feb-apr

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
(0

u.s. Department of Justice
Federal Bureau of Prisons
South Central- Regional Office

Dallas, TeXas 75219

March 9, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - February 2001

ADMINISTRATIVE REMEDIES
FEB

JAN

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NO

DEC

V

RECEIVED
ANSWERED

175
121

198
122

TORT CLAIMS
JAN
225
72
80
217
0

FEB
227
49
48
228
0

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

JA

FE

AP

JU

B

MA
Y

JO

N

MA
R

N

L

AU
G

SE
P

OC
T

NO
V

DE
C

PENDING
RECEIVED

43
10

57
56

ANSWERED
PENDING
OVER 20 DAYS

95
57
3

PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX HO

FOI/PRIVACY
R

2

68
45
3

4060

LITIGATION
JA
N
CASES RECD
CASES ,CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
BEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

17
5
11

FE

MA

AP

B

R

R

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

11
5
4

1
1
12
1

5
1
1
15
0

0

0

4

MA
Y

CASES WITH BEARINGS OR TRIALS

None
CASES WITH SETTLEMENTS OR AWARDS
&.

(

.

Adverse judgments

None

""'.

b.

Tort

Cla~

settlements

None
c.

Other settlements

None
SIGNIFICANT CASES
FCI FORREST CITY
Philip Fairchild V Marvin D Morrison.
In this FCI Forrest City
case, the District Judge denied the government's Motion for
Summary Judgment. In this discipline related habeas case, the
court felt that the parties were at odds over the basic facts
concerning what notice was given to inmate Fairchild and what
rights were afforded him in the disciplinary process. The
factual dispute precluded the entry of summary judgment on the
issue of whether due process was afforded him in the disciplinary
process. Due to the nature of the ruling being fact sensitive,
as opposed to a rule of law, we will not seek an appeal.

4061

PCI THREE RIVERS
Chambers v. Purdy, et al., CA-C-00-337 (WDTX). In this hybrid
FTCA and Bivens-style FCI Three Rivers suit, the plaintiff seeks
to sue the United States and six individual·ly-named defendants,
alleging that he was continuously subjected to second-hand smoke,
and was harassed in retaliation for complaining about it. The
plaintiff, who has exhausted his administrative remedies, does
not specify the amount of damages which he seeks, but his
administrative tort claim was for $1,587,750.00.
FCI EL RENO
Fortunatus Wilcox v. Aleman, No. 00-6221 (10 th Cir. Feb. 12,
2001). This case, won at the district court level, is a § 2241
case involving a DHO hearing. The 10t~ Circuit affirmed in part
and reversed in part. The 10~h Circuit has remanded the case for
an evidentiary hearing to determine whether or not pe

(

4062

j
\

SIGNIFICANT ADMINISTRATIVE REMEDIES

•

None

UPCOMING TRIALS OR HEARINGS

•

FCI FORREST CITY

('.

•
3

,

,

?

#@

#

5

$

.

,

<

2

)*

2

)*

4
3

MEDICAL MALPRACTICE

•

LITIGATION

None

TORT CLAIKS

None

ENSIGN AMENDMENT

*

?

*

,

5

4063

,

+*

*

*

*
2

4

33

\

None

SITUATIONS OF INTEREST

•
None

CRIMINAL MATTERS AND PROSECUTIONS

•
FCI BEAUMONT (ADMIN)

On February 1, 2001, the United States Attorneys Office filed
charges against a former FCC Beaumont contract art teacher for
Sexual Abuse of a Ward in violation of 18 U.S . C.

2243(b).

As

previously reported, on October 3, 2000, the contract teacher was
terminated after she admitted to investigating SIA staff that she
had engaged in sexual or otherwise inappropriately personal
relations with inmates.

She entered a plea of not guilty at her

arraignment on February 20, 2001.

The sentencing hearing of former FCC Beaumont Inmate Services

_ad
employee

scheduled for March 23 , 2001 .

~

previously pleaded guilty to Sexual Abuse of ·a Ward in

4064

On February 4, 2001, inmate

threw food items from

his SHU cell food slot striking the officer in the stomach area.
The officer sustained no injuries.

On February 12, 2001, the Duty Officer was conducting unit
sanitation rounds when inmat

sprayed an unknown

substance at the Duty Officer striking the back of his head and
shoulder area.

The staff member sustained no injuries.

The FBI

has declined referring this matter for prosecution due to the

(

lack of injuries.

The Warden concurs.

PERSONAL ISSUES

Scheduled Annual/Sick Leave:

- March 12-16
,

- March 12-16

4065

\

(

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
April 10, 2001

MEMORANDUM FOR cHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - March 2001

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NO

DEC

V

RECEIVED
ANSWERED

175
121

198
122

218
135

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
225
72
80
217
0

FEB
227
49
48
228
0

MAR

JA

MA

43
10
2
95
57

FE
B
57
56
68
45

77
57

3

3

5

APR

MAY

JUN

JUL

AUG

SEP

OCT

AP
R

MA

JU

Y

N

JU
L

AU
G

SE
P

NOV

DEC

OC

NO

DE

T

V

C

231
86
69
248
0

FOI/PRIVACY
N

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

R
45
89

4078

LITIGATION
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
BEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

JA
N
17
5
11
4

1
1
12
1
0

FE

MA

B

R
21
12
13

11
5
4

5
1
1
15

4

0

1

0

0

AP
R

MA
Y

JU
N

JU

L

AU
G

SE
P

OC
T

NO
V

DE
C

3
1
16

CASES WITH HEARINGS OR TRIALS
FDC OAKDALE

FDC Oakdale reports a one-day trial occurred in Kennedy y. United
(WO/LA) , on March 5, 2001. The former inmate plaintiff,
acting pro se, sought relief pursuant to the FCTA under a failure
to protect theory. Specifically, he claimed FDC Oakdale staff
did not respond to his request for a new cellmate in a timely
manner. Prior to implementation of an approved change in cell
assignment, an altercation occurred between plaintiff and his
cellmate during which plaintiff sustained a broken hip.
The
Court entered a judgment in the government's favor on March 20,
2001. The former inmate has another FTCA action pending in the
District of Maryland, the location of his current residence, in
which he challenges the decision of FDC Oakdale staff to deem his
refusal to wear a black box as a refusal to attend a follow-up
visit for an examination of his surgically repaired hip.
States

(
.......

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None

b.

Tort Claim settlements

None

c.
"

l

Other settlements

None

4079

(

SIGNIFICANT CASES
PCI BIG SPR:ING

Wjlliam P. Skinner y Ralph J. Payne. Warden; A-00-CA-6SS-JRN.

In
this case·, an FC! Big Spring inmate alleged that the BOP failed
to follow his sentencing court's order on April 7, 2000, that BOP
assign him to the ICC program, despite BOP's determination that he
was ineligible. On October 26, 2000, Skinner filed a habeas
petition asking his sentencing court to amend his sentence to
impose the functional equivalent of a completed assignment to
ICC. On November 13, 2000, Skinner was transferred to the ICC
program at FCI Lompoc. After his arrival, he declined to
participate in the program and was transferred back to FCI Big
Spring on November 27, 2000. On February 23, 2001, Judge James
R. Nowlin, Chief United States District Judge for the Western
District of Texas, ordered Skinner .released based on time served
due to his significant contributions to the prosecution. On
February 26, 2001, Judge Nowlin dismissed the habeas petition as
moot because Skinner had been previously released.
PCI LA TUNA

As previously reported,
(formerly an FCI La Tuna
inmate) was released as a result ot an adverse U. S. District
Court ruling relating to the 18 U.S.~. 3621(e) early release
provisions. The BOP was successful on appeal to the 5 th Circuit,
and the U. S. District Court reversed the order which released
.
failed to appear on his March 15, 1999, surrender
date. The Criminal AUSA filed a motion for an order directing
the defendant to surrender to the U. S. Marshals Service for
execution of the balance of his federal sentence.
filed 2
successive habeas petitions to have a hearing on the merits
already decided in the 5 th Circuit. On March 9, 2001, Judge
Stephen M. Reasoner, in the Eastern District of Arkansas District
court, ordered dismissal with prejudice of
Habeas Petition
th
th
reasoning the 8 Circuit was bound by the 5 Circuit's decision
on the merits.
then filed a request for an evidentiary
hearing on his motion for reconsideratioa. On March 14, 2001,
Judge Reasoner denied
request on his motion for
reconsideration and ordered
to report to the BOP on
March 23, 2001.
then moved the court for an order allowing
him to serve his undischarged sentence in a halfway house. On
March 23, 2001, Judge Reasoner held the court lacked jurisdiction
to determine
. place of confinement and ordered
.
to
report to FeI Forrest City on April 2, 2001.

FTC OKLAHOMA CITY

4080

Lisa Booth v. Bureau of Prisons et ale
Former inmate Lisa Booth,
and three other female inmates, filed this FTCA/Bivens action
against the Bureau and former Correctional Counselor Breavess
McBride for the sexual assault committed by Breavess McBride in
1996 and 1997. Breavess McBride is currently incarcerated at FMC
Fort Devens. Although three of the four plaintiffs filed a tort
claim administratively, the claims were filed after the two-year
statute of limitations and, thus, were denied as time barred.
The u.s. Attorney's Office in the Eastern District of Pennsylvania
is contemplating filing a dispositive motion for summary
judgment, or alternatively a motion for change of venue to the
Western District of Oklahoma.
SIGNIFICANT TORT CLAIMS
None
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
FCI FORREST CITY

c:

Allen Bernard Ware v'. Marvin Morrison.

This is a case in which
the district court denied qualified immunity on the legal issue
of inmate visitation. A trial date has been set for April 23,
2001, in the Eastern District of Arkansas. DOJ has approved an
interlocutory appeal.

MEDICAL MALPRACTICE
LITIGATION
None
TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS

4081

(

u.s. Department of Justice
Fec/erai Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219

May 10, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - April 2001

ADMINISTRATIVE REMEDIES

RECEIVED
ANSWERED

JA
N

FE
B

MA
R

AP
R

198
122

175
121

218
135

208
150

MA
Y

JU
N

JU
L

AU
G

SE
P

OC

T

NO
V

DE
C

TORT CLAIMS

PENDING
RECEIVED
ANSWERED
PENDING
OVERSIXMO

JA
N

FE
B

MA
R

AP

225
72
80
217
0

227
49
48
228
0

231
86
69
248
0

239
72
61
250
0

JA
N

FE

B

MA
R

AP
R

43
102
95
57
3

57
56
68
45
3

45
89
77
57
5

57
71
95

R

MA
Y

JU
N

JU
L

AU
G

SE
P

T

NO
V

DE
C

MA

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

C

OC

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

Y

33

1

4094

DE

-\

LITIGATION

(

JA
N
CASESRECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGSI
TRIALS
SETTLEMENTSI
AWARDS

FE
B

17

11

5

5

11

4

4

5
1
1
15

MA

R
21
12
13
4

1
1
12
1

'0

3
1
16
1

0

0

0

AP
R

MA

Y

JU
N

JU
L

AU
G

SE
P

OC
T

NO

V

DE
C

19
17
8
9
1
1
19
2
0

CASES WITH HEARINGS OR TRIALS
FCI EL RENO

C.....

A status conference was held on April 19, 2001, in front of Magistrate Judge Argo in
Wilcox v. Aleman. et aL, No. 00-6221 (10 th Circuit). The conference pertained to a
remand order by the 10th Circuit on the issue of inmate Wilcox being coerced into
waiving his right to call witnesses at his DHO hearing in July, 1998, at Fel Three Rivers.
Since Wilcox has discharged his federal sentence, a Motion to Dismiss was filed arguing
the case is moot. A tentative evidentiary hearing date has been scheduled for June 25,
2001, at 9:00 a.m ..
CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

Alcala. On April 12, 2001, the 5th Circuit, in a very short opinion, upheld Bureau policy
regarding the non-selection of inmates with deportation orders for work in UNICOR. We
prevailed in the District Court and the inmate, who was at FCI Three Rivers, appealed to
the 5th Circuit.

Richard Paul Henrikson v. Bob Guzik; Case No. 4:99 - CV-0579J,
N.D. TX. On July 19, 1999, inmate Henrikson filed a Writ of
Habeas Corpus pursuant 28 U.S.C. § 2241 and 18 U.S.C. § 4042(b}
challenging the Bureau of Prisons' determination that he was
subject to the notification requirement under 18 U.S.C. §
4042(b}.
This determination was based on his prior 1977 state
conviction for Arson of a Dwelling even though his current
offense, Possession of Unregistered Firearms, did not meet the
criteria for notification purposes. The U. S. District Court for
the Northern District of Texas dismissed the case, upholding the
Bureau or Prisons' interpretation of statute (see Program
Statement 5110.12, Notifications of Release to State and Local
Law Enforcement Officials) requiring notification to law
enforcement officials for inmates releasing with prior
convictions determined to be crimes of violence and drug

4095

trafficking crimes.
Inmate Henrikson appealed the u.s. District
Court's decision.
Subsequently, on April 24, 2001, the United
States Court of Appeals, Fifth Circuit, reversed the District
Court's decision and "held that statute required Bureau of Prisons
to notify only if prisoner's current conviction was for a crime of
violence or a drug trafficking crime."

(,'

The U.S. Court of Appeals found the District Court erred in affording deference to
Chevron. Additionally, the U. S. Court of Appeals "did not find the Bureau's construction
of section 4042(b) in this respect as set forth in Program Statement 5110.12 to be a
permissible, much less a persuasive, one." We have requested guidance by Central
Office on future notification procedures.
See Trentadue under Significant Cases Section.

b. Tort Claim settlements
None

c.

Other settlements

None

(

SIGNIFICANT CASES
FMC FORT WORTH
Halig v. United States of America, Civil Action 4:97-CV-1030-Y, Northern District of
Texas-Ft. Worth Division. This case is a slip and fall case. The plaintiff alleges the
government was negligent in not warning him of water that was allegedly on the floor at
or near the ice machine of his housing unit. A trial
was held on November 8,2000. In March 2001, the Judge found the government was
not liable and dismissed the case with prejudice.
FTC OKLAHOMA CITY
Trentadue. On December 15, 2000, the day after closing arguments were heard, the
jury returned a verdict for the Plaintiff in the amount of $20,000.00, finding former BOP
Lieutenant Stuart Lee had been deliberately indifferent to the inmate's medical needs.
This was a jury verdict against Mr. Lee in his individual capacity. On May 1', 2001, Judge
Tim Leonard ordered the United States to pay the Trentadue family 1.1 million dollars for
the intentional infliction of emotional distress under the Federal Tort Claims Act. The
Court stated that the BOP failed to inform the family in advance as to the existence of
the extensive injuries to Trentadue and that an autopsy had been performed.

I

'.

SIGNIFICANT TORT CLAIMS

4096

('

None
SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
Paula Strothers' trial is scheduled for June 25-26, 2001. This FMC Carswell conditions
of confinement Bivens case will be before Judge McBryde. The defendants are Joseph
Bogan, former Warden,
O. Ivan White, former Regional Director, Lisa Austin, Ad/Max Unit Manager, Wendy
Roal, former National Appeals Administrator, and Elizabeth Sanford, SCR DHO.
MEDICAL MALPRACTICE
LITIGATION
None
TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS

(

None

4097

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCI BASTROP

u.s. District Judge Hinojosa's visit on March 30, 2001, with 20 students from the
University of Texas School of Law went well. The law students are in a class on federal
sentencing which Judge Hinojosa teaches. They found the experience very educational.
CRIMINAL MATTERS AND PROSEC'UTIONS
FCI BEAUMONT (ADMIN)
On April 18, 2001, the Grand Jury indicted Carliette Martin, a Food Service employee at
FCC Beaumont, with willfully and knowingly making false, fictitious, and fraudulent
material
statements in connection with the use of her government credit card in violation of 18
U.S.C. § 1001 on August 19, 2000.

FCC Beaumont (Low)
Inmate Clarence Lee pled guilty to Possession of Marijuana on April 17, 2000. He'
received an 8-month sentence and a $100 fine.

PERSONAl ISSUES
Scheduled Annual/Sick Leave:
- Annual Leave

- May 11
- May 25-29

- Annual Leave

- May 25
-

M~y

- Annual Leave

29-June 1

- Annual Leave

- May 30-June 4

- Annual Leave

- June 5-6

- Sick Leave

4098

.0.

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
May 10, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL

FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - April 2001

ADMINISTRATIVE REMEDIES
. -",

(
",

RECEIVED
ANSWERED

JA
N

B

FE

MA
R

AP
R

MA

198
122

175
121

218
135

208
150

JU
N

Y

JU
L

AU
G

SE
P

OC

T

NO
V

DE

C

TORT CLAIMS

PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JA
N

B

MA
R

AP
R

225
72
80
217
0

227
49
48
228
0

231
86
69
248
0

239
72
61
250
0

JA
N

FE

B

MA
R

AP
R

43
102
95
57
3

57
56
68
45
3

45
89
77
57
5

57
71
95
33
1

FE

MA

Y

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

FOIIPRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

MA

Y

4089

LITIGATION

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGSI
TRIALS
SETTLEMENTSI
AWARDS

JA
N

FE
B

MA
R

AP
R

17
5
11

11
5

19

4

21
12
13

4
1

5

4

1

3

1
12
1

1

1

15

16

1
1
19

0

1

2

0

0

0

0

MA

Y

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

DE
C

c.

17
8
9

CASES WITH HEARINGS OR TRIALS
FCI EL RENO
A status conference was held on April 19, 2001, in front of Magistrate Judge Argo in
Wilcox v. Aleman. et aI., No. 00-6221 (10 th Circuit). The conference pertained to a
remand order by the 10th Circuit on the issue of inmate Wilcox being coerced into
waiving his right to call witnesses at his DHO hearing in July, 1998, at FCI Three Rivers.
Since Wilcox has discharged his federal sentence, a Motion to Dismiss was filed arguing
the case is moot. A tentative evidentiary hearing date has been scheduled for June 25,
2001, at 9:00 a.m..

(' ..

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

Alcala. On April 12, 2001, the 5 th Circuit, in a very short opinion, upheld Bureau policy
regarding the non-selection of inmates with deportation orders for work in UNICOR. We .
prevailed in the District Court and the inmate, who was at Fel Three Rivers, appealed to
the 5th Circuit.

Richard Paul Henrikson v. Bob Guzik; Case No. 4:99 - CV-OS79J,
N.D. TX. On July 19, 1999, inmate Henrikson filed a Writ of
Habeas Corpus pursuant 28 U.S.C. § 2241 and 18 U.S.C. § 4042(b)
challenging the Bureau of Prisons' determination that he was
subject to the notification requirement under 18 U.S.C. §
4042(b). This determination was based on his prior 1977 state
conviction for Arson of a Dwelling even though his current
offense, Possession of Unregistered Firearms, did not meet the
criteria for notification purposes. The U. S. District Court for
the Northern District of Texas dismissed the case, upholding the
Bureau or Prisons' interpretation of statute (see Program
Statement 5110.12, Notifications of Release to State and Local
Law Enforcement Officials) requiring notification to law
enforcement officials for inmates releasing with prior
convictions determined to be crimes of violence and drug

4090

('
".

trafficking crimes.
Inmate Henrikson appealed the U.S. District
Court's decision.
Subsequently, on April 24, 2001, the United
States Court of Appeals, Fifth Circuit, reversed the District
Court's decision and "held that statute required Bureau of Prisons
to notify only if prisoner's current conviction was for a crime of
violence or a drug trafficking crime."

(

The U.S. Court of Appeals found the District Court erred in affording deference to
Chevron. Additionally, the U. S. Court of Appeals "did not find the Bu'reau's construction
of section 4042(b) in this respect as set forth in Program Statement 5110.12 to be a
permissible, much less a persuasive, one." We have requested guidance by Central
Office on future notification procedures.
See Trentadue under Significant Cases Section.

b. Tort Claim settlements
None

c.

Other settlements

None

c...
~

~

SIGNIFICANT CASES

..

FMC FORT WORTH
Halig v. United States of America, Civil Action 4:97-CV-1030-Y, Northern District of
Texas-Ft. Worth Division. This case is a slip and fall case. The plaintiff alleges the
government was negligent in not warning him of water that was allegedly on the floor at
or near the ice machine of his housing unit. A trial
was held on November 8,2000. In March 2001. the Judge found the government was
not liable and dismissed the case with prejudice.
FTC OKLAHOMA CITY

..

Trentadue. On December.15~ 2000, the day ~.n~! g~~~~'1~rQY_fr.1eQts were: heard, ,_
jury r~tu:med a:v~g[@l£It!J(:tfff,~l~ntift in; thaamount of. $2Q,Oe~eQt'finding former BOP
Lieutenant Stuart Lee had been deliberately indifferent to the inmate's medical needs.
This was a jury verdict against Mr. Lee in his individual capacity. On May1~ 20o.1~ Judge
TirnLeonard ordered the' U~ited States to pay the Trentadue family 1.1 million dollars for
the'intentional infliction of emotional distress under the Federal Tort Claims Act.' The
Court stated that the BOP failed to inform the family in advance as to the existence of
the extensive injuries to Trentadue and that an autopsy had been performed.
(

"

SIGNIFICANT TORT CLAIMS

4091

(

None

'.

SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
Paula Strothers' trial is scheduled for June 25-26, 2001. This FMC Carswell conditions
of confinement Bivens case will be before Judge McBryde. The defendants are Joseph
Bogan, former Warden,
O. Ivan White, former Regional Director, Lisa Austin, Ad/Max Unit Manager, Wendy
Roal, former National Appeals Administrator, and Elizabeth Sanford, SCR DHO.
MEDICAL MALPRACTICE
LITIGATION
None
TORT CLAIMS

c.

'None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None

4092

(

PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCI BASTROP
U.S. District Judge Hinojosa's visit on March 3D, 2001, with 20 students from the
University of Texas School of Law went well. The law students are in a class on federal
sentencing which Judge Hinojosa teaches. They found the experience very educational.
CRIMINAL MATTERS AND PROSECUTIONS
FCI BEAUMONT (ADMIN)
On April 18, 2001, the Grand Jury indicted Carliette Martin, a Food Service employee at
FCC Beaumont, with willfully and knowingly making false, fictitious, and fraudulent
material
statements in connection with the use of her government credit card in violation of 18
U.S.C. § 1001 on August 19, 2000.

(,...

FCC Beaumont (Low)
Inmate Clarence Lee pled guilty to Possession of Marijuana on April 17, 2000. He
received an a-month sentence and a $100 fine.

PERSONAL ISSUES
Scheduled Annual/Sick Leave:
- May 11

.. Annual Leave

.. May 25-29

.. Annual Leave

.. May 25

.. Annual Leave

.. May 29-June 1

- Annual Leave

- May 3~-June 4

- Annual Leave

.. June 5-6

.. Sick Leave

4093