SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES
APRIL 1, 1999 - JUNE 30, 1999
Third Quarterly Report FY 1999
July 14, 1999
SIGNIFICANT CASES

U.S.A. v. Don Alan Keeling, No. CR-98-0099-M (Western District of
Oklahoma). On July 9, 1999, U.S. District Judge LaGrange issued
an order directing that the Bureau of Prisons escort FTC Oklahoma
City inmate Don Alan Keeling to visit his terminally ill father.
We have informed the court that our position is that it can only
recommend such a visit, and when a recommendation is made, it
will be carefully considered. Accordingly, we requested that the
court modify its order so that it "recommends" that the escorted
trip take place. We are awaiting further word from the court.
Kenneth Jones v. A.M. Flowers, No. CrV-98-1707-A (Western
District of Oklahoma). On July 9, 1999, we were informed by the
U.S. Attorney's Office that an adverse Report and Recommendation
was entered in this case.
Previously, Fcr EI Reno inmate Kenneth
Jones filed a 2241 Habeas petition regarding his ineligibility
for a 3621(e) early release. The petitioner challenges ~he
exercise of the Director's discretion to deny early release to
inmates, such as the petitioner, who have a two-point firearm
sentencing enhancement. After a review of the case, U.S.
Magistrate Judge Doyle W. Argo found that P.S. 5162.04 is invalid
because it is contrary to the Fristoe decision. We plan on
objecting to the R&R on the grounds that 5162.04 is not contrary
to Fristoe, and it is a valid excercise of the Director's
discretion. We plan on citing cases such as O'Relly v. Rpese to
support "this position.
Kevin Ford v. Robert Guzik. et al., crV-97-233-R (WD/OK).
As an
update to the June monthly report, a July 21, 1999, tria: date
has been set in this FTC Oklahoma City Bivens case. There is
some potential liability in this case. However, we do r.ot expect
liability to exceed $15,000. Attempts to settle this case
(convert to an FTCA case) have been unsuccessful.

LITIGATION (APRIL 1- JUNE 30,1999)

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3

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26

11

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TOT

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

2

LITIGATION (JANUARY 1 - MARCH 31, 1999)

I LOC I NrJM I BC I FTC I BIV 10TH I ANS I PEN I CLD I HI'!! I SET I AWD I
MXR
NER

SER
NCR
SCR

37

30

1

5

27

1

15

24

5

1

0

WXR

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NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - "NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

3

loc

num

scr

181

pp

pl

pppi

wd

med

set

amt

pen

den

od

alo

alp

129

33

4

2

13

24

4782

209

87

o

480

110

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - A vg number of days Overdue
AlP - A vg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

4

loc

num

pp

pI

pppI

wd

med

set

amt

pen

den

od

alo

alp

scr

148

108

21

1

2

16

12

8033

200

86

1

8

101

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both pp.& PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - Avg number of days Overdue
AlP - Avg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

5

SOUTH CENTRAL REGIONAL OFFICE
NARRATIVES - Quarterly Report
JULY 1, 1999 - SEPTEMBER 30, 1999
October 14, 1999
SIGNIFICANT CASES

Jeff King. v. George Snyder, Case # LR-C-98-258 (E.D. Arkansas).
The October 14, 1999, hearing, which was reported in the last
monthly report, has been continued to October 21, 1999. As
previously reported, the petitioner in this FCI Forrest City
habeas case asserts that he was improperly denied a 3621{e) early
release due to a 922(g) conviction.
Stephen Baker v. L.E. Fleming, Case # CIV-99-899-R (W.D.
Oklahoma). Last week, we were notified that the Magistrate
"entered a negative R&R in this FCI EI Reno habeas case. The
Magistrate found that the 3621{e) provisions of P.S. 5162.04
violated the 10 th Circuit Court of Appeals' holding in Fristoe,
where P.S. 5162.02 was at issue.
In part, we plan on objecting
to the R&R on the grounds that we have the discretion to
implement P.S. 5162.04 and any further proceedings in the case
should be stayed pending a ruling from the 10 th Circuit Court of
Appeals in the Booker cases.
"Branch Davidian/Waco Case. We have been informed that four
Branch Davidians, who are material witnesses in the Waco civil
suit and Special Counsel investigation, are inmates at SCR
institutions.
Inmate Graham Craddock (Reg. #'60593-080) is
housed at FCI Oakdale.
Inmate Brad Branch (Reg. # 60536-080),
inmate Kevin Whitecliff (Reg. # 60537-080), and inmate Jaime
Castillo (Reg. # 60594-080) are all housed at FCC Beaumont. On
October 15, 1999, the Office of Special Counsel will interview
inmate Craddock at FCI Oakdaler Participants include Barbara
Barrett and Cordell Swindell of the Office of Special Cou~se:,
and Stanley Rentz, Craddock's attorney. Craddock is due to be
deposed in the civil suit; however, no date has been set.
~~3rie
Hagen and James Touhey, both from Main Justice, will be ~~~se~:
at the deposition. We have not yet been informed who els~ ~~::
attend the deposition.
Presumably, Craddock's.attorney w::: be
present. An attorney from Houston, Texas, who claims to
represent another Branch Davidian, has requested an inte~~:~'~
with Castillo and Branch. Staff at Beaumont have allowed :~~
attorney to speak with Castillo on the phone. At this pc~=::, n8
interviews have been arranged. This office, FCC Beaumon: d::j ._.
Oakdale are working to ensure that our response to these ::: "::::
profile matters is orchestrated smoothly.

LITIGATION (JULY 1 - SEPTEMBER 30,1999)

ILoclNUMI

HC

I

FTC

I

BIV 10TH

I

ANS

I

PEN

I

CLD

I

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SET

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MXR
NER

SER
NCR

SCR

36

28

1

6

1

37"

15

26

6

0

0

WXR

CO
TOT

NARRATIVE ANALYSIS (NARRATIVE ATTACHED ON SEPARATE PAPER)
DEFINITIONS
LOC - LOCATION
NUM - NUMBER OF TOTAL LAWSUITS FILED IN QUARTER
HC
- NUMBER OF HABEAS CORPUS ACTIONS FILED
FTC - NUMBER OF FTCA ACTIONS FILED
BIV - NUMBER OF BIVENS ACTIONS FILED
OTH - OTHER ACTIONS FILED
ANS - NUMBER OF LITIGATION REPORTS COMPLETED
PEN - PENDING
CLD - NUMBER OF ACTIONS CLOSED
HIT - NUMBER OF HEARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUMBER OF SETTLEMENTS (INCLUDE INFO IN NARRATIVE)
AND - NUMBER OF AWARDS (INCLUDE INFO IN NARRATIVE)
GOVERNMENT ACTION AND DATE OF ACTION - (INCLUDE INFO IN NARRATIVE)

2

I

loc

num

pp

pI

pppl

wd

med

set

amt

pen

den

od

alo

alp

scr

187

143

27

2

0

15

17

4467

224

104

o

o

106

Num - Number of claims filed
PP - Personal Property claims
PI
- Personal Injury claims
PPPI - Both PP & PI claims
WD - Wrongful death claims
Med - Medical claims
Set - Settled!Approved claims
Amt - Amount paid
Pen - Pending/open claims
Den - Number of claims Denied
OD - Number of claims Overdue
AlO - A vg number of days Overdue
AlP - A vg number of days to Process
(Med = PIM + WDM + PPPIM + PPWDM)
(WD = WD + PPWD)

Filed: L:\GROOPS\DRLEGAL\REPORTS\4THQTR.99

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