Fbop Ser Quarterly Reports 1996jan-dec
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UNITED STATES GOVERNMENT MEMORANDUM DATE: April 16, 1996 TO: Wallace Cheney, General Counsel Bureau of prisons, Central Office 320 First Street, N.W. washington, D.C. 20534 ATTN: Nancy P. Redding, Executive Assistant FROM: RE: coun~sft?/~.. Sherree L. sturgis, Regional Bureau of prisons, Southeast RegiO 523 McDonough Blvd., S.E. Atlanta, GA 30315 \...-J "1- ---- Second Quarter Report FY 96 I 1/; . ./~.~.~ - ,: .. ~ The following information is provided for the second Quarter uanuary, February, March) 1996.· Litiaation ( \ ... NUMBER OF ACTIONS FILED HABEAS CORPUS ACTIONS FTCA ACTIONS BIVENS ACTIONS OTHER (Mandamus, etc) NUMBER OF LITIGATION REPORTS . NUMBER PENDING NUMBER CLOSeD NUMBER OF HEARINGSITRIALS NUMBER OF SETTLEMENTS AMOUNT OF AWARD 56 23 06 14 13 51- ·564 38 so o o Significant Case Activity Tlmothv L. Ruble. et al v. M.S. (Melvin) Jones. et ai, 1:93-CV-279B-JEC. This personal liability case involves inmates at ATL in 1994 alleging that they were the subject of a force cell move which resulted in injuries. They allege the injuries were the result of being assaulted during the move. Same fact as Ruble v. King, FGAN, 93-1024, just new defendant. Motion issued to consolidate with Ruble v. King, FGAN, 1:93-CV-1 024 JEC. Timothy L. Ruble. et al v. Lieutenant King. et ai, FGAN, 1:93-CV-1024-JEC. This personal liability case involves inmates at ATL in 1993 alleging that subsequent to a "force cell move," they were beaten and assaulted. They also complain that they did not receive immediate medical care for their injuries. On. January 10, 1996 an Order was issued granting plaintiffs' motion for voluntary dismissal of the conSOlidated cases. 2883 UNITED STATES GOVERNMENT MEMORANDUM ( '. DATE: July 16, 1996 TO: Wallace Cheney, General Counsel Bureau of Prisons, Central Office 320 First Street, N. W. Washington, D.C. 20534 ATTN: Nancy P. Redding, Executive Assistant FROM: Sherree L. Sturgis, Regional Counsel Bureau of Prisons, Southeast Region 523 McDonough Blvd., S.E. Atlanta, GA 3031 5 RE: Third Quarter Report FY 96 £/ I":;.> ( :.> The following information is provided for the third quarter (April, May, June) 1996. Litigation NUMBER OF ACTIONS FILED HABEAS CORPUS ACTIONS FTCA ACTIONS BIVENS ACTIONS OTHER (Mandamus, etc) NUMBER O.F LITIGATION REPORTS NUMBER PENDING NUMBER CLOSED NUMBER OF HEARINGSITRIALS NUMBER OF SETTLEMENTS AMOUNT OF AWARD NUMBER OF CRIMINAL REFERRALS 108 21 07 70 10 95 618 53 13 2 $3556.95 28 Significant Case Activity Civil Matters Ray Ransom v. U.S. et ai, 9:95-2506-6JC. This FTCA claim involves an EST inmate alleging that books valued at $90.95 were misplaced. The AUSA directed that administrative claim be reopened in order for inmate to dismiss the suit. Towns~md V. Seanez. et ai, 95-50351 LAC. This case is the first MNA disturbance case to be dismissed. Case was dismissed without prejudice for plaintiff's failure to provide copies of his complaint so that service could be effected. Channer V. Warga. at ai, 1 :93-CV-1425-RHH. On appeal to the 11 th Cir., the district court's dismissal decision was vacated and remanded. The 11th Cir. held that the district court erred in dismissing Channer's complaint and did not follow the required procedure to grant a summary judgement .. The case centers on a pro se civil rights action against .several BOP mail room· supervisors -- alleging that BOP staff improperly tampered with his legal mail. Brown V. U.S., 2:95-1015-18. In this case the court directed a verdict in favor of the plaintiff in the sum of $3,466.00. This claim centers on a traffic accident involving a BOP staff member 2873 · driving a government van, while transporting EST inmate. The physical damages to both vehicles were minor. Specifically, the government vehicle collided with another vehicle causing a chrome fender molding to be dislodged and a dent in the BOP vehicle's hub cap. No physical injuries to drivers andlor passenger(s) were noted at the time of the accident. More than 80 total civil cases have been filed in the Northern District of Florida against FCI, Marianna staff challenging conditions of confinement at FCI, Marianna after the October, 195 disturbance. All of the cases contain nine pages of standard language. Many also contain specific allegations relating to their individual circumstances. Motions to dismiss/summary judgments have been filed in all of the cases and orders have been received to provide additional information in more than 38 of the cases. A few have been dismissed sua sponte by the court because the inmate failed to comply with instructions. Crimina' MaUers U.S. V. Maves. et al. 96-PT-0023-E. On May 30, 1996, after a three week trial and four days of deliberation, a jury in the United States District Court for the Northern District of Alabama returned' convictions against twelve inmates for their part.icipation in the October, 1995 disturbance at FCI,. Talladega. Sixteen inmates had been indicted in March of this year in this case which is captioned. Three of the defendants were acquitted. One inmate defendant plead guilty in the middle of the trial. All of the convicted inmates were found guilty of willfully assisting to cause a riot. 18 U.S.C. 1792. Nine of the twelve were also convicted of other charges. Seven .of the inmate defendants were found guilty of 18 U.S.C. 113(a, assaulting Correctional Officer Steven Croft. One inmate was convicted of assault with a dangerous weapon, 18 U.S.C. 113(a), a wooden plank, for the assault of Officer Croft. Another inmate was convicted of assault with a dangerous weapon, a metal baseball bat, for the assault on Correctional Officer Terry Bullock. " .. ~' The jury determined that seven of the defendants possessed prohibited objects, 18 U.S.C. 1791, specifically metal baseball bats, during the disturbance. Three defendants were convicted for breaking windows, 18 U.S.C. 1361. Sentencing is scheduled for July 30, 1996. U.S. v. Beavers, 96-N-0108-E. Twelve inmates were indicted on various charges including rioting, destruction of government property and possession of prohibited objects. The charges against one inmate were dismissed. Three pled guilty and testified against their codefendants in exchange for recommendations by the U.S. Attorney for one year sentences. Six plead guilty without cooperating in exchange for recommendations by the U.S. Attorney for sentences in the low end of the guidelines. All sentences were recommended to be consecutive. Two defendants went to trial. On July 11, the jury returned a conviction against one and acquitted the other. The acquittal was a surprise to· the judge and U.S. Attorney. TOG Staff Counsel Kathleen Kenney continued to assist as Special Assistant U.S. Attorney. A 'total of twenty-six (26) inmates have been convicted of participating in the October, 1995 riot at FCI, Talladega. No further prosecutions from this in9ident are anticipated. U.S. v. Battle. 96-000. ATL inmate has been indicted for the murder of Correctional Officer Of Antonio Washington on December 22, 1994. Mental Health evaluations have been completed. Awaiting decision of the Attorney General on the recommendation of the U.S. Attorney to seek the death penalty. U.S. V. Addison. at al. 96-000. Four ATL employees involved in introduction of and intent to distribute narcotics in October, 1995. Willis Williams plead guilty and was sentenced to 3 years. DebQrah Woodley, found guilty of possession with intent, was sentenced to 60 days in a CC, 5 years probation, 200 hours community service and $50 assessment. Terry Williams and Carlton 2 2874 ( Addison were both convicted of offenses related to possession and introduction of cocaine and marijuana. *************** Federal Tort Claims Act/Employee Claims NUMBER FILED PERSONAL PROPERTY PERSONAL INJURY MEDICAL WRONGFUL DEATH PERSONAL INJURY AND PERSONAL PROPERTY NUMBER PAID AMOUNT PAID NUMBER DENIED NUMBER PENDING NUMBER OVERDUE AVERAGE PROCESSING TIME ************* 184 160 21 1 o 2 23 $5839.00 99 190 13 26 FOIlPA NUMBER RECEIVED NUMBER CLOSED NUMBER PENDING TOTAL NUMBER OVERDUE NUMBER OVERDUE 30 DAYS NUMBER OF CIVIL ACTIONS ************** '. 88 110 25 17 o 1 ". Quarterly Comparison TORT CLAIMS/EMPLOYEE CLAIMS SER NUM PROP PI AMT DEN PEND 4627 3038 5839 71 73 99 141 184 190 APPR 1ST OTR 146 126 19 39 2ND OTR 191 172 16 35 3RD OTR 184 160 21 23 4TH OTR 00 AIO 10 246 03 19 13 68 A/P 25.00 0 26.0 LITIGATION SER 1ST QTR 2ND QTR 3RC QTR 4TH QTR NUM 46 56 108 HC FTC BIV OTH 15 23 21 10 17 06 14 07 70 04 13 10 ANS PEN CLD HIT SET AWD 40 51 95 546 57 03 564 38 0 618 53 13 2875 4 o 2 203120 0 3556.95 r FOI/PA NUM SER 1ST OTR 2ND OTR 3RD OTR 4TH OTR 52 78 88 PROC 60 74 110 PEND 58 15 25 00 AIOD 15 10 9 10 17 10 AlP 30 30 30 CA 0 0 1 Sherree L. Sturgis. Regional Coynsel April 30, through May 2, 1996. Travel to Louisville, Kentucky to participate in the National DHO Training Seminar. The cost was $740.86. May 6 through May 11, 1996. Travel to Tampa, Florida to provide training in the U.S. Attorney's Office. The cost v:vas $887.88. Van Vandivier. Deputy Regional Coynsel April 30 through May 2, 1996. Travel to Louisville, Kentucky to participate in the National DHO Training Seminar. The cost was $603.00. Earl Cotton. Assistant Regional Counsel June 3 through June 6, 1996. Travel to Baltimore, Maryland to participate in Managing Diversity training. The cost was $721.50. Gere Gooden. paralegal Specialist May 19 through May 25, 1996. Travel to Washington, D.C. to provipe staff assistance in the FOIA Section. The cost was $1696.19. The total cost of travel during this reporting period was $4,649.43. Other Activities Miscellaneoys Activities June 24 through June 27, 1996 - Training seminar in Atlanta, for SER legal staff and SCR legal .staff. personnel Moyes Ken Hyle, SERO Attorney, has been selected as Attorney/Advisor at MeC, Chicago, Illinois. His scheduled reporting date is August 19, 1996. Craig Simmons, SERO Attorney, has been selected as Attorney/Advisor at FCI, Talladega, Alabama. His scheduled reporting date is September 3, 1996. Ajay Jindia reported for duty as the SERO's Summer Legal Intern on June 10, 1996. cc: Regional Director (' 2876 \. UNITED STATES GOVERNMENT memorandum DATE: January 17,1997 REPLY TO ATTN OF: SUBJECT: TO: ( .. \',,",- , Sherree L. sturgis, Regional Counsel Bureau of prisons, Southeast Region 523 MCDonough Blvd., S.E. Atlanta, GA 39315 Fourth Quarter Report FY 96 (7/1/96 through 9130/96) Wallace cheney, General Counsel .Bureau of prisons, Central Office 320 First street, N.W. Washington, D.C. 20534 ATTN: Nancy P. Redding, Executive Assistant The following information is provided for the fourth quarter uuly, August, september) 1996. Litigation NUMBER OF ACTIONS FILED HABEAS CORPUS ACTIONS FlCA ACTIONS BIVENS ACTIONS OTHER (Mandamus, etc) NUMBER OF LITIGATION REPORTS NUMBER PENDING NUMBER CLOSED NUMBER OF HEARINGSITRIALS NUMBER OF SETTLEMENTS AMOUNT OF AWARD NUMBER OF CRIMINAL REFERRALS ( 2877 82 26 7 39 10 ? ? ? ? S ?OO ? -2Significant case Actlvitv ( Civil Mattftrl Eederill Igrt claims A~tLEmglgHB Claimi 204 170 29 0 1 NUMBER FILED PERSONAL PROPERTY PERSONAL INJURY MEDICA~ WRONGFUL DEATH PERSONAL INJURY AND PERSONAL PROPERTY NUMBER PAID AMOUNT PAID NUMBER DENIED NUMBER PENDING NUMBER OVERDUE AVERAGE PROCESSING TIME 4 32 55090.00 115 ,169 20 95 EOILI!A 83 68 0 0 0 ? NUMBER RECEIVED NUMBER CLOSED NUMBER PENDING TOTAL NUMBER OVERDUE NUMBER OVERDUE 30 DAYS NUMBER OF CIVIL ACTIONS C' - gUlrtl[l~ Camaarisan TORT CLAIMS/EMPLOYEE CLAIMS SER NUM PROP PI APPR AMT DEN PEND OD Ala AlP 1ST OTR 146 126 19 39 4627 71 141 10 246 25 2ND OTR 191 172 16 35 3038 73 184 3 19 0 3RD OTR 184 160 21 23 5839 99 190 13 68 26 4TH OTR 204 170 29 32 5090 115 169 20 2 95 LlTICATION SER NUM HC FTC BIV OTH ANS PEN CLD HIT SET AWD 1ST OTR 46 15 10 ~7 04 40 546 57 3 4 203120.00 2ND OTR 56 23 6 14 13 51 564 38 0 0 0 3RD OTR 108 21 7 70 10 95 618 ,53 13 2 3556.95 4TH OTR 82 26 7 39 10 ? ? ? ? ? ( 2878 UNITED STATES GOVERNMENT memorandum DATE: June 4,1997 REPLY TO AnN OF: SUBJECT: TO: Sherree L. sturgis, Regional Counsel Bureau of prisons, Southeast Region 523 MCDonough Blvd., S.E. Atlanta, GA 30315 First Quarter Report FY 97 (10/1/96 through 12/31/96) Wallace cheney, General Counsel Bureau of prisons, Central Office 320 First street, N.W. washington, D.C. 20534 ATTN: Nancy P. Redding, Executive Assistant The following Information is provided for the first Quarter (October, November, December) 1996. Litigation NUMBER OF ACTIONS FILED HABEAS CORPUS ACTIONS FTCA ACTIONS BIVENS ACTIONS OTHER (Mandamus, etc) NUMBER OF LITIGATION REPORTS ,:NUMBER PENDING . NUMBER CLOSED NUMBER OF HEARINGSfTRIALS NUMBER OF SETILEMENTS AMOUNT OF AWARD NUMBER OF CRIMINAL REFERRALS 36 11 5 10 10 36 699 37 $ .00 ? significant case Activitv Civil Matters Federal Tort Claims Act/Employee Claims NUMBER FILED PERSONAL PROPERTY PERSONAL INJURY MEDICAL WRONGFUL DEATH PERSONAL INJURY AND PERSONAL PROPERTY NUMBER PAID AMOUNT PAID NUMBER DENIED NUMBER PENDING NUMBER OVERDUE AVERAGE PROCESSING TIME 159 132 22 1 o 4 44 $3287.00 91 169 20 79 -2- FOIIPA NUMBER RECEIVED NUMBER CLOSED NUMBER PENDING TOTAL NUMBER OVERDUE NUMBER OVERDUE 30 DAYS NUMBER OF CIVIL ACTIONS 86 123 1 1 o ? ouarterly Comparison TORT CLAIMS/EMPLOYEE CLAIMS SER NUM PROP PI APPR AMT DEN PEND OD AlO AlP 1ST OTR 159 32 22 44 3287 91 169 20 35 79 2ND OTR 3RD OTR 4TH OTR L1TICATION SER NUM HC FTC BIV OTH ANS PEN CLD 1ST OTR 36 11 5 10 10 36 699 37 2ND OTR 3RD OTR 4TH OTR FOI/PA SER NUM PROC PEND OD AlOD AlP CA 1ST OTR 86 123 1 1 2 30 ? 2ND OTR 3RD OTR 4TH OTR H/T SET AWD