UNITED STATES GOVERNMENT

(

memorandum
Date:

December 4, 2000

Reply to
Attn of:

Sherree L. Sturgis, Regional Counse~ Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Monthly Report - November 2000

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
FEB
JAN
MAR

(

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

170

Pending on 111

161

141

125

151

147

155

167

166

202

183

186

Rec'd in month

35

40

51

44

60

51

38

40

46

59

36

Recons. rec'd

0

0

2

1

1

3

1

2

2

1

0

Ans'd in month

73

74

78

80

75

78

82

77

80

95

90

Pending at end

148

121

143

141

155

167

166

192

183

186

170

Over 180 days

25

25

13

23

7

18

18

25

23

48

40

B. Tort Claim Investigation Status: As of November 30, 2000
An

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOO

YAZ

PENDING

58

10

7

2

8

5

5

19

4

10

7

1

17

7

7

>60
DAYS

8

0

0

1

1

0

0

3

2

3

5

0

12

0

2

/

\,

4599

SER Monthly Report -November 2000
Page 2

c. FOIlPrivaey Act Requests - 2000
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

Pending on 1at

15

12

16

17

25

20

24

18

24

27

17

25

Rec'd in month

34

33

39

50

33

39

30

40

33

24

28

Ans'd in month

35

30

38

43

38

34

34

37

30

33

23

Pending at end

12

16

17

25

20

24

18

24

27

17

25

Over 30 days

0

0

0

0

0

2*

1*

4*

3*

1*

0

MNA

D. FOIA Requests for records: As of November 2000
ATL

(.

COL

EGL

EST

GUA

JES

MIA

MIM

MON

PEN

TAL

TOO

YAZ

EDG

PENDING

4

2

1

1

0

0

2

2

0

0

4

0

3

2

3

>30 DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

E. ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

210

196

211

196

250

215

143

270

205

154

190

(

4600

DEC

SER Monthly Report -November 2000

(

Page 3

n.

LITIGATION ACTIVITY - 2000 SOUTHEAST REGION

A. SUMMARY REPORT

FEB

JAN

APR

MAR

AUG

JUL

JUN

MAY

OCT

SEP

NOV

DEC

227

234

238

236

249

254

262

273

279

287

294

12

13

10

24

17

22

21

20

12

12

18

Habeas Corpus

7

12

6

12

8

19

17

14

10

6

7

FTCA

0

0

0

1

3

0

1

2

1

1

0

Bivens

5

1

3

8

6

3

3

3

1

2

8

Other

0

0

1

3

0

0

0

1

0

3

3

Bivens/FTCA

0

0

0

0

0

0

0

0

0

0

0

Lit Reports

16

12

15

7

16

5

10

8

7

6

5

9

12

11

12

14

14

4

5

10

Cases Open
New Cases

Cases Closed

(

4601

6
10

302

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SER Monthly Report -November 2000
Page 4
B. SEITLEMENTS AND AWARDS:
None reported.

C. SIGNIFICANT CASES. TRIALS or HEARINGS:

Alvarez v. Scott. et ale , 96-CV-963-RCF. The inmate alleges that Bureau of Prisons staff stated
they would provide him with eye
.
b2
Alvarez bas been seen by an eye doctor. Motion by Bureau of Prisons filed on 7/28/97, to dismiss
or in the alternative for summary judgment. He refused to remove the prosthetic eye in spite ofthe
irritation. Order by Judge Forrester endorsed granting joint motion to re-open discovery tbru
3/15/00. USCA acknowledgment of Readiness of Appeal on 6/21/00. Hearing set for November 2,
2000, before the Court of Appeals on the issue of whether or not the court erred by not granting the
plaintiff a hearing on his motion for a preliminary injunction.

(

Hummansti v. Bell, et aL, 1:98-CV-2651 ~JTC. This case was filed in 1998. Inmate Hummasti
alleges he was physically assaulted by staff on December 13, 1996. Order dated 9/30/98 dismissing
action pursuant to 28 U.S.C. 1915(e)(2). PJaintifffiled notice of appeal on 10113/98. Certificate of
Readiness ofappeal recorded on 8/13/99. On 6/2/00 USCA certified copy ofJudgment affirming the
judgment ofthe District Court. On November 24,2000, USP Atlanta staffreceived from the AUSA
a letter written by inmate Hummasti. The inmate discussed settling the case for a "minimum" of
$5,000 and a plane ticket to Eretz Yisrall (the land of Israel).
DominlO Santana Rosa v. United States, 99-1581 (PR). Plaintiffis suing the government under
the Federal Tort Claims Act for injuries he sustained when another inmate assaulted him. Plaintiff
seeks $150,000 in damages. Deposition ofthe plaintiffhas been rescheduled for November 9,2000.
Opinion and Order denying motion to Dismiss for lack of in personam jurisdiction as to USA;
granting motion to request that Ad Damnum be reduced in the amount of$95,OOO. Partialjudgment
was entered as to co-defendant the Federal Bureau ofPrisons. The case is proceeding as to the USA
A motion with memorandum in support oflvIDC, Guaynabo for Summary Judgment filed 11/28/00.
New Cases:

Brown v. Hawk-Sawyer, 9:00-465-08AJ-FSC: The plaintiffin this EEElDiscrimination complaint
claims he was discriminated against because ofhis race and was refused consideration for any and all
promotions. He further alleges that he has sufrered from retaliatory actions because ofadministrative
steps he has taken to seek relief He seeks $2,000,000 in damages. Answer due 11/9/00. Answers
to interrogatories due by 12/11/00 for Federal Bureau of Prisons.
Michael Davis v. Janet Reno. et aL 1:OO-CV-1820, FGAN, The inmate in this Federal Tort Claims
Act case states that he received a bite wound to his hand during an altercation with another inmate.
He states that he did not receive medical treatment until the following day. He further alleges staff

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SER Monthly Report -November 2000
Page 5
refused his request for assistance, failed to deliver prescribed medication and failed to permit him to
clean and treat his surgical wound in the manner specified by the hospital. He also alleges that his
personal property was lost while he was in the hospital. Order dismissing defendants Reno, HawkSawyer, Warden Scott, Pickett, Martin, Augustin, Mendola and Johnson as parties to the action.
Plaintiff filed motion for reconsideration of order on 9/26/00. Certificate of Readiness of appeal
recorded and mailed to USCA on 11 /27/00. Appeal #USCA 00-15675-E.
D. RELIGIOUS CASES:

None reported.

E. ENSIGN AMENDMENT CASES: None reported.
F. PLRA 1915 DISMISSALS:

None reported.

G. CRIMINAL CASES:

Updates -

(

United States v. Cruz - Trial in the criminal case against former correctional officer for engaging
in sexual acts with an inmate has been continued because the main witness in the case, the victim, has
not been located by the government.
On November 1, 1999 staff at FCI, EDG were conducting a routine search ofInmate Vincent Steele,
Reg. No.4 7366-004. During this search, three large packets containing a green leafy substance were
found on his person. The substance tested positive for marijuana. The packets weighed a total of
11 grams. In addition, two pieces ofrocklike substance were also found in a plastic bag. These items
tested positive for cocaine. The case was accepted by the United States Attorney' s Office and on
September 13, 2000 in Steele was sentenced to serve 54 months consecutive to his current sentence
and six years supervised release.
Staffat USP ATL found 17 books of33 cent stamps and one book with nine stamps during a routine
pat search of inmate Steven Vincent Lindsey, Reg. No. 19504-057. Subsequently, the inmate was
strip searched and a plastic bag containing a substance which tested positive for heroin, was hanging
from his rectum. On September 25, 2000, the inmate plead guilty to Possession of a Contraband
(Section 1791) and is scheduled for sentencing on December I, 2000.
III. TRAVEL SCHEDULE FOR DECEMBER 2000
b6

Travelb6

(
b6

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SER Monthly Report -November 2000
Page 6
Travel- Bivens Litigation Training - Jekyll Island, GA - 12111-13/00
b6

Travelb6

Travelb6

b6

TDY - MSTC - Denver, CO - 12/4-15/00

IV. Misc. :

(

I,

4604

(

UN[TEDSTATESGO~

memorandum
Ja~uary

Date:

2, 2001

Reply to
Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 3033 I

Subject:

Monthly Report. December 2000
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A Administrative Tort Claims - 2000
JAN FEB MAR APR
/
'..

MAY

}UN

JUL

AUG

SEP

ocr

NOV

DEC

. Pending on lit

161

141

125

151

147

155

167

166

202

183

186

170

Rec'd in month

35

40

51

44

60

51

38

40

46

59

36

38

Recons. rec'd

0

0

2

1

1

3

1

2

2

1

0

1

Ans'd in month

73

74

78

80

75

78

82

77

80

95

90

65

Pending at end

148

121

143

141

155

167

166

192

183

186

170

155

Over 180 days

25

25

13

23

7

18

18

25

23

48

40

44

B.

T~rt

Claim Investigation Status: As of December 31! 2000
ATL

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

65

5

3

2

4

4

8

19

4

10

5

0

15

2

9

>60
DAYS

9

1

0

2

1

0

0

10

2

5

3

0

9

0

2

(

4544

(

SER Monthly Report -December 2000

Page 2

C. FOIlPriyac:;y Act Requests - 2000
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

15

12

16

17

25

20

24

18

24

27

17

25

34

33

39

50

33

39

30

40

33

24

28

16

Ans'd in month

35

30

38

43

38

34

34

37

30

33

23

28

Pending at end

12

16

17

25

20

24

18

24

27

17

25

6

OVer 30 days

0

0

0

0

0

2*

1*

4*

3*

1*

0

0

Pending on

lilt

Rec'd in month

~

D. FOIA Requests for records: As of December 2000
ATL

(

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PE

TAL

TOG

YAZ

EDG

N

PENDING

0

1

0

1

0

0

0

0

0

0

0

0

1

1

2

>30
DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

.

E ADMINISTRATIVE REMEDIES
MAY
APR
FEB
MAR
JAN
JUN
210

196

211

196

250

215

JUL

AUG

SEP

OCT

NOV

DEC

143

270

205

154

190

185

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SER Monthly Report -December 2000
Page 3

II. LITIGATION ACTIVI'IY - 2000 SOUTHEAST REGION
A. SUMMARY REPORT
FEB

JAN

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

227

234

238

236

249

254

262

273

279

287

294

302

12

13

10

24

17

22

21

20

12

12

18

14

Habeas Corpus

7

12

6

12

8

19

17

14

10

6

7

8

FTCA

0

0

0

1

3

0

1

2

1

1

0

0

Bivens

5

1

3

8

6

3

3

3

1

2

8

5

Other

0

0

1

3

0

0

0

1

0

3

3

1

Bivens/FTCA

0

0

0

0

0

0

0

0

0

0

0

0

Lit Reports

16

12

15

7

16

5

10

8

7

6

4

5

9

12

11

12

14

14

4

5

10

6

Cases Open
New Cases

Cases Closed

(

MAR

6
10

Tot

B. SETfLEMENTS AND AWARDS:
None reported.

c. SIGNIFICANT CASES. TRIALS or HEARINGS:
United States v. Cruz - Trial in criminal case against former correctional officer at
MOC, Guaynabo for engaging in sexual acts with an inmate has been scheduled for
February 20, 2001.
United States v. Luis Nevarez Marrero, Criminal No. 96-039 (SEC) - MDC
Guaynabo legal staff followed up on court order ordering Bureau of Prisons to release
recordings of conversations between United States Attorney's Office and inmates. A
motion was submitted to vacate the order directly to the judge as he had precluded
MOC Guaynabo legal staff from contacting the United States Attorney's Office. The
Court scheduled a status conference to discuss the Bureau of Prisons position.
Permission was granted to have on AUSA from the Civil Division present. Criminal
Division had mistakenly been informed of the hearing and also made an appearance. It
was explained to the Court the Bureau of Prisons' concerns regarding the release of this
type of infonnation. The Court found that the governmental interest in not releasing
the information to defense attorney was much greater that the defense's interest or need
for the records. The Court also understood the importance of not setting a precedence
in this area.

4546

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SER Monthly Report -December 2000
Page 4

New Cases:
Parks v. Chambers. et al .. 5:00-CV-304BrS. This is a Bivens type case wherein the
plaintiff alleges that he has been refused hormone therapy by prison officials, which he
contends is essential in order to prevent irreparable harm. He is requesting injunctive
relief from staff at FCI, Yazoo City.
Rivera v. Reno, Civ,OO-17139RLA). The plaintiff in this EEO/Discrimination
complaint claims she was discriminated against because of her gender and was refused
employment consideration at MDC, Guaynabo. She seeks an unspecified dollar amount
in damages. Complaint referred to Labor Law Branch.
D. RELIGIOUS CASES:

None reported.

E. ENSIGN AMENDMENT CASES: None reported.
F. PLRA 1915 DISMISSALS:

None reported.

G. CRIMINAL CASES:
On December 5,2000, an inmate at FOC, Miami became confrontational with staff and
hit a staff member on the mouth. The incident was reported to the Federal Bureau of
Investigations and is pending.

Updates United States v. Linds~ - An officer at USP Atlanta found 17 books of 33 cent stamps
and one book with nine stamps during a routine pat search of inmate Lindsey on July 20,
1999. Subsequently, the inmate was stripped searched and a plastic bag containing
drugs was found hanging from his rectum. The drugs tested positive for heroin. The
inmate plead guilty to Possession of Contraband on Monday, September 25, 2000. He
was sentenced on December 1, 2000 and faces and additional 2-3 years added to his
incarceration.
United States v. Arthur Stratton - On March 18,2000 an inmate at USP Atlanta died
from an overdose of drugs. A subsequent autopsy removed 19 balloons from the
inmate's stomach. Further investigation revealed that the inmate had been visited by
his nephew earlier in the day. The trial against the civilian defendant is scheduled to
begin January 8, 2001.

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SER Monthly Report -December 2000
Page 5

United States y. Del Sol Hernandez - On February 2, 2000 an inmate at FCI,
Talladega threw a television at a staff member during a forced cell move. The staff
member received serious injuries to his back (spine) . The case was referred for
The inmate was
prosecution on February 20, 2000 and subsequently accepted.
arraigned on September 22, 2000. The trial was set for December 4, 2000. However,
trial was postponed as a psychiatric evaluation for competency was ordered on November '
28, 2000. The inmate was scheduled to be evaluated on December 1, 2000. The Court
found the inmate competent to stand trial. Trial is scheduled for January 16, 2001.
III. TRAVEL SCHEDULE FOR JANUARY 2001

b6
Travel-

b6
b6
- ICP, Eglin AFB, Florida - 1/8/01 thru 1/12/01

(

b6
Travel-

b6
b6
b6
IV. Misc.:

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SER Monthly Report -December 2000
Page 6

I,
'"

4549