u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

August 21, 1997
MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

SUBJECT:
~~

(W'R 1{o

0
Harlan W. Penn
Regional Counsel
~onthly

CASES OF INTEREST

Report for July 1997
~~

NINTH CIRCUIT MATTERS:
Jacks v. Crabtree, Anderson v. Crabtree, Mason v. Crabtree,
Brown v. Crabtree (SHE)-Consolidated for Appeal.
Petition for re-hearing En Bane filed. Mandate stayed.
The June 11th decision had upheld the Bureau of Prison's
exercise of discretion to not reduce inmate sentences under
3621 (e) .
Sule v. Wade, et al (SHE) Conditions of transportation during
transfer from institution following disturbance upheld as use
of correctional judgement.
DISTRICT COURT MATTERS:
Lucas, Mercadel, and Douthit v. White (DUB), three former
female inmates allege they were sexually assaulted and
harassed by male inmates and staff while housed in SHU at FDC
Dublin. Mediation suspended while Plaintiffs consider
settlement offer and injunctive proposals.

Galvez v. Adams (SAF) , inmate alleges that his INS detainer ,
which precludes halfway house eligibi lity, is grounds for a
sentence reduction of six months to equalize his penalty .
TRIALS/HEARINGS:

Low v . Clarke - Cain (BRN) , Religious Freedom Restoration Act
case in which inmate sought injunctive relief for practi ce of
Satmar sect of Hasidic Judaism.
Trial September 25 , 1997 in
Los Angeles .
U. S . v . Zub ick (LOS) , three hearings in Los Angeles re
sentence computa tion/credit issues . Writ granted and inmate
release ordered July 30 , 1997 .
3621(e) LITIGATION:

Gammage v . Clarke - Cain (BRN) , CCC failure to secure
employment.
Urquh art v. Clarke - Cain (BRN), two-leve l enhancement .
moot , as reduction already granted .

Case is

Warren v. Crabtree (SHS) , inmate denied sentence reduction on
original conv i ction offenses of 924(c) and 922(g) .
Bird v . Floyd (PHX) , inmate eligible for 3621(e) sentence
reduction under Cart decision .
McFarland v . Haw k (SAF) , inma te eligible for 362 1(e) sentence
reduction under Davis decision .
RELIGION :

Low v . Clarke - Cain (BRN) , see above .
MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE:

Currier v . Hayes (DUB) , FTCA action in which six staff members
al l ege negligent admi nistrati on of PPO te st . Gover nment ' s
motion to dismiss filed August 1, 1997 . Hearing on motion
October 28 , 1997 .
CASES INVOLVING THE ENSIGN AMENDMENT : None
ENVIRONMENTAL MATTERS : None
MISCELLANEOUS MATTERS:

I

Angie Wiesman reported as the Supervisory Attorney at USP
Lompoc and Jay Furtick reported as the Attorney Advisor at FDC
Seatac.

CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM ACT: None
SETTLEMENTS: None

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 8 California/all
declined. 6 non-California -all still pending
Pre-indictment FBI investigation continuing in the
prosecution of Inmate Roy Green, Reg. No. 21545-044, for the
murder of SOS Scott Williams and assaults of four other staff
at LaM.
Trial still to be scheduled in u.S. v. Aaron Stone, 1995
hostage situation at LaM.

2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
u.S. v. Carlos Miranda and Chris Anderson (LaM),
murder of inmate James Jackson, trial scheduled for
23, 1997 in Los Angeles.

1993
September

INTRODUCTION/POSSESSION OF CONTRABAND:
Venegas Reg. No. 45264-198
Chavira Reg. No. 06994-040
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)

,

ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
LOM - 7 (all declined)
PHX - 1 pending, Inmate Bernard 97206-012, four balloons of
marijuana
PROPERTY: None

WEAPONS:
LOM - 1 (declined)

~~

STATISTICS

Tort Claims:
DEC
NOV
44
Received
55
Closed
Reconsidered
130
Pending
Over 6 Mo.

~~

JAN

FEB

MAR

34
30
0
134

58
105
0
87

28
25
0
90

0

5

3

APR

MAY

JUN

65
26

53
67
1
116

59
63
0
111

0

130
4

6

JUL

AUG

SEP

OCT

TOTAL

1

5

1

Investigations Pending Over 60 Days:
LOF
LOS
LOM
BRN DUB
NEL
PHX
5
0
o 19
0
0
3
0

SAF
0

SDC
2

SHE
0

TRM
0

TCN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

28
16
31
8

32
28
35
10

24
29
30
9

36
30
36
15

36
38
34
9

38
39
33
4

PHX
0

SAF
0

SDC
0

SHE
0

TRM
0

TCN

TOTAL
0

FOILPA:
DEC
Received
Closed
Pending
30 days

JAN

27
44
19
6

29

Over 6 Months - 0
1996 Open - 0
FOI/PA Pending More than 30 Days:
BRN DUB
LOM
LOF
LOS
NEL
00
0
0
0
0

*Does not include inmates transferred out of Region or CCMs.

0

Administrative Remedies:
APR
FEB
MAR
JAN

AUG

SEP

OCT

NOV

JUN

JUL

AUG

SEP

OCT

352
22
11
1
2
2
10
8

369
21
16
1
3
2
18
12

MAY

JUN

JUL

71

106

92

108

83

90

Li tig,a tion: JAN
DEC
Open Cases: 342
New Cases: 27

FEB

MAR

APR

MAY

326
14
15
2
7
0
29
10

335
15
8
3
4
1
30
9

344
21
8
0
3
1
6
9

348
14
17
1
3
0
12
9

99

HC

FTCA
Bivens
Other
Closed
Lit Reports

2
3
10

16
2
4

DEC

NOV

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

September 4, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL

~vJto)

FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for August 1997~

•• CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS:
No new decisions.
DISTRICT COURT MATTERS:
Lucas, Mercadel, and Douthit v. White (DUB), three former
female inmates allege they were sexually assaulted and
harassed by male inmates and staff while housed in SHU at FDC
Dublin. Mediation suspended while Plaintiffs consider
settlement offer and parties exchange injunctive proposals.
TRIALS/HEARINGS:
Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act
case in which inmate sought injunctive relief for practice of
Satmar sect of Hasidic Judaism.
Trial September 23, 1997 in
Los Angeles.
Louis Naidenoff v. Donna Stratman (SDC/PHX), Court-ordered

immediate release of inmate following hearing regarding
imposition of Special Parole Term Violation sentence and
resulting computation based upon Parole Commission Notice of
Action.
u.S. v. Sylvia Valdez (TCN) , inmate wife found guilty of
introducing narcotics June 19, 1997. Motion for new trial
scheduled for hearing September 10, 1997.
3621(e) LITIGATION:
No new decisions.
RELIGION:
Low v. Clarke-Cain (BRN) , see above.
Harvin v. BOP (LOF) , Bivens action filed by inmate who alleges
he is Native American and claims he was denied Sweat Lodge.
Inmate is now permitted to sweat, but still refuses to dismiss
the case. AUSA has filed motion to dismiss for failure to
exhaust administrative remedies and is preparing motion for
summary judgment arguing qualified immunity.
MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None
ENVIRONMENTAL MATTERS:
BOP legal staff attended the Base Realignment and Closure
meeting concerning the Lompoc property on August 13, 1997.
The Army will not conduct further investigation or remediation
into the wood dump site, the Air Force will not ask for the
antenna site, and a recommendation was made that the firing
range site be designated as "active", permitting the property
to transfer without remediation.
MISCELLANEOUS MATTERS:
TRM Attorney Advisor Dennis Wong, PHX Supervisory Attorney
Matt Carney, SHE Attorney Advisor Toni Brown, and Assistant
Regional Counsel Valerie Stewart and Jeff Campbell will attend
Regional DAP training on Tuesday, September 9, 1997.

•

LOM Supervisory Attorney Angie Wiesman and SET Attorney
Advisor Jay Furtick will be TOY in this office the week of
September 15, 1997.

CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM· ACT: None
SETTLEMENTS: None

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 17
NOTE: Pre-indictment FBI investigation continuing in the
prosecution of Inmate Roy Green, Reg. No. 21545-044, for the
murder of SOS Scott Williams and assaults of four other staff
at LOM.
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:

ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
u.s. v. Carlos Miranda and Chris Anderson (LOM) ,
murder of inmate James Jackson, trial scheduled for
23, 1997 in Los Angeles.

1993
September

u.S. v. Aaron Stone, 1995 hostage situation at LOM, trial
to be scheduled.
INTRODUCTION/POSSESSION OF CONTRABAND: None
PROPERTY: None
WEAPONS: None
3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) :
ASSAULT:
PHX - 6
SHE - 1
LOM - 1 declined

ESCAPE : None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:

SHE - 1
TCN -

1

LOM - 3 declined
PROPERTY : None
WEAPONS :

LOM - 4 declined
••

STATISTICS "

Tort Claims:

NOV

JAN

FEB

MAR

34
30

58
~05

28
25

APR

MAY

JUN

JUL

53
67

59
63

57

AUG

SEP

OCT

TOTAL

DEC

Received

44

Closed

55

Reconsidered
Pending
~30

o
~34

o

Over 6 Mo .

o

o

87

90

5

3

65
26

0
~30

~~6

35
1

o

~

2

~~~

~3~

5

~

SAF

SDC

SHE

TRM

TCN

5

o

o

o

34

MAY

JUN

JUL

AUG

SEP

OCT

NOV

38
39

TOTAL

4

6

2

Investigations Pending Over 60 Days:

BRN DUB

PHX

LOM

LOF

LOS

NEL

~

0

o

3

FOI /PA :
DEC

JAN

FEB

MAR

APR

Received

27
44

28

36

36

~9

3~

36

38
34

30 days

6

8

~O

29
30
9

30

Pending

32
28
35

24

Closed

~5

9

4

PHX

SAF

SDC

SHE

TRM

TCN

~

o

o

o

o

o

7

OCT

NOV

DEC

o

0 24

~6

~

33

21
26
28
9

Over 6 Months - 0
~996

Open - 0

FOI/PA Pending More than 30 Days:
BRN DUB
LOM
LOF
LOS
NEL
00

6

0

0

o

*Does not include inmates transferred out of Region or CCMs .

Administrative Remedies:
JAN
FEB
MAR
APR

MAY

JUN

JUL

AUG

SEP

•

71

106

92

108

83

90

102

Litigation: JAN
DEC
Open Cases: 342
New Cases: 27
HC
FTCA
2
Bivens
Other
3
Closed
Lit Reports 10

FEB

MAR

APR

MAY

JUN

JUL

AUG

326
14
15
2
7
0
29
10

335
15
8
3
4
1
30
9

344
21
8
0
3
1
6
9

348
14
17
1
3
0
12
9

352
22
11
1
2
2
10
8

369
21
16
1
3
2
18
12

373
12
16
1
2
0
4
2

99

•

SEP

9
2
5

OCT

NOV

u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

November 3, 1997

FROM:

Harlan W. Penn
T:'1;Regi"on'a;1 CqJ.;lIT.s"e-:r'"

SUBJECT:
~~

CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS:
DISTRICT COURT MATTERS:

Evans v. Reese, (DUB), Temporary Restraining Order/Preliminary
Injunction granted September 26, 1997 to permit independent
urinalysis/retest and suspend discipline proceedings. Hearing
October 1, 1997 in San Francisco - order to remain in effect.
Lucas, Mercadel, and Douthit v. White (DUB), three former female
inmates allege they were sexually assaulted and harassed by male
inmates and staff while housed in SHU at FOe Dublin. Mediation
suspended while Plaintiffs consider settlement offer and parties
exchange injunctive proposals.
Sevier v. Crabtree (SHE), inmate released from custody on August
28, 1997 after hearing before Judge Haggerty regarding whether
Sevier's return as halfway house failure was grounds for
revocation of DAP early release date. Still pending Court's
written order. Toni Brown Legal staff.

u.s. v. Lacy (DUB), order issued to permit defendan~ access to CD
ROM containing wiretap conversations.
Plea agreement reached
making order moot.
U.s. v. Twitty (PHX) , four staff subpoenaed as witnesses by
Federal Public Defender at detention hearing on criminal charges
resulting from threats against staff and staff's family. Inmate
detained, two Count grand jury indictment returned on September
25, 1997.
Jane Haschemeyer Legal staff.
Wilson v. Crabtree (SHE), hearing September 26, 1997 on Emergency
Motion for Immediate Release for inmate who was returned to SHE
from halfway house as a OAP program failure.
Judge Haggerty
ruled that early release date vested prior to halfway house
participation, because not until CN-01 was community transition
clearly indicated as a required part of the OAP.
Court held that
because inmate had entered the DAP in March 1996, Cort applied
and BOP could not revoke the early release date. Wilson was
ordered immediately released. Toni Brown Legal staff, Dr. Gary
George, Regional DAP Coordinator called as expert witness.
TRIALS/HEARINGS:
Kalka and Mitchell v. Megathlin, et al (TCN) , depositions of
staff at TCN and Warden Pontesso at PHX took place September
12-15, 1997 prior to close of discovery in this Bivens case.
Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act case
in which inmate sought injunctive relief for practice of Satmar
sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los
Angeles, but recessed for settlement discussions.
Previously the
Court ordered Low placed in a halfway house for High Holidays.
u.S. v. Alex Aguirre, et ale (LOS), sentencing September 1-5,
1997 of twelve Mexican Mafia defendants; ten life sentences
imposed.
u.s. v. Sylvia Valdez (TCN), hearing on FPD's Motion for New
Trial after inmate's wife was convicted of introduction of
controlled sUbstances (heroin and cocaine)in violation of 18
u.s.c. 1791. FPD contended that government had failed to prove
its case because language at 28 C.F.R. 6.1 required proof that
Warden had not consented to the introduction.
Judge Zapata
disagreed and sentenced Valdez to 5 years probation (1st offense,
3 children).

3621 (e) LITIGATION:
Archer v. Hayes (DUB),

922(g) (3) and 924(a) convictions.

Floyd v. Adams (SAF) , "old law" inmate challenging failure to
award early release incentive after he completed the 500 hour and
institution transitional portion of OAP.
Graham v. Crabtree (SHE), inmate alleges early release vested
with completion of the 500 hours portion of OAP, and that failure
to complete community transition portion of OAP is not a bar to
early release.
Harmon v. Crabtree (SHE), habeas challenging denial of early
release eligibility due to prior history for robbery.
RELIGION:
Low v. Clarke-Cain (BRN), see above.
MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE E!NSIGN AMENDMENT: None
ENVIRONMENTAL MATTERS:
NOV received at TCN for autowash discharge water was successfully
negotiated after contact with Pima County Compliance Office.
Institution had previously received verbal approval for
operation.
Excellent coordination between institution and
Central Office staff.
NOV received at PHX regarding underground fuel storage tanks.
All non-compliance items have"been resolved and proof of
compliance will resolve the NOV.
PHX also continuing discussions with Del Webb regarding their
proposal for a regiollal waste water treatment plant (Del Webb has
a large developDent planned near the institution).
MISCELLANEOUS MATTERS:
Honors Attorney Abigail Brown arrived for duty on September 15,
1997.
Institution Legal staff Toni Brown, Matt Carney and Dennis Wong
attended Regional DAP Coordinator's Training on September 9 with
Regional Legal staff.
Jay Furtick, MOC Seatac, and A~gie Wiesma~, LOM, participated in
training at WRO September 15, 16,& 17.

CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM ACT: None
SETTLEMENTS: None

CRIMINAL CASE TRACKING
1.

TOTAL CRIMINAL CASES

RE~~RRED

THIS MONTH: 14

NOTE: Pre-indictment FBI investigation continuing in the
prosecution of Inmate Roy Green, Reg. No. 21545-044, for the
murder of 80S Scott Williams and assaults of four other staff
at LaM.
2.
CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
u.S. v. Carlos ~iranda and Chris Anderson (LaM), 1993
murder
of i~rnd~e James Jackson, trial began September 23, 1997
in Los
Angeles.
u.S. v. Aaron Stone (LaM),
1995 hostage situation.
Plea
agreement reached, sentencing scheduled for November 10, 1997.
INTRODUCTION/POSSESSION OF CONTRABAND:
u.S. v. Chavira (PHX), trial not yet

schedule~.

u.S. v.·Greenwood and Cain (PHX), trial not yet scheduled.
u.S. v .. Venegas (PHX), trial not yet scheduled.
PROPERTY: None
WEAPONS: None
3.

CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) :
ASSAULT:

".

Joiner, Cynthia, Reg. No. 03751-025 (DUB), assault on staff
Assault cases f~om PHX declined:
Garcia, Carlos, Reg. No. 32800-080, assault on inmate
Cadotte, Douglas, Reg. No. 40157-008, assault on staff
Mitchell, Rayfield, Reg. No. 60839-065, assault on staff
Assault (inmate fight) 9ases from TRM declined:
Magnum, Lawrence, Reg. No. 53865-097
Jones, Darryl Lee, Reg. No. 14850-116
Rosales, Luis, Reg. No. 07280-041
Sparks, Charles, Reg. No. 08429-112
Knox, Gemora, Reg. No. 06530-112
Webb, Marty, Reg. No. 06015-112
Livingston, Matthew, Reg. No. 49176-008
Gutierrez, Amador, Reg. No. 11772-051
ESCAPE:
Hanson, Teresa, Reg. No. 27158-013 (DGB furlough transfer)

FRAUD/FORGERY: None
HOMICIDE: None
CONT~~:

INTRODUCTION/POSSESSION OF
Veal, Bruce, Reg. 02517-089

PROPERTY: None

WEAPONS: None

~~

STATISTICS ......

Tort Claims:
NOV
DEC
Received
44
Closed
55
Reconsidered
Pending
130
Over 6 Mo.

JAN

FEB

MAR

34
30
134

58
105
0
87

28
25
0
90

0
130

0

5

3

4

0

APR

MAY

JUN

JUL

AUG

65
26

53
67
1
116

59
63
0

57
35

11~

131

57
21
2
167

5

1.

2

4

6

~

SEP

0

Investigations Pending Over 60 Days:
BRN DUB
LOM
LOF
LOS
NEL
PHX
0
o 21
1
0
0
3
1

SAF
3

SDC
0

SHE

TRM
0

TCN

~

FOILpA:

JUN

JUL

AUG

SEP

OCT

&-TAN

FEB

MAR

APR

MAY

OCT

TOTAL

30

NOV

DEC
Received
Closed
Pending
30 days

27
44
19
6

28
16
31
8

32
28
35
10

24
29
30
9

36
30
36
15

36
38
34
9

39
39
33
4

21
26
28

19
23
24
13

9

Over 6 Months - 0

FOI/PA Pending More than 30 Days on Sept. 30, 1997:
LOP
LOS
NEL
PHX
SAF
SDC
SHE
LOM
BRN DUB
0
11
0
0
0
0
0
0
0
12

TRM
1

TCN
0

TOTAL
0

DEC

*Does not include inmates transferred out of Region or CCMs.
Administrative Remedies:
MAR
FEB
JAN
APR
71
106
92
99
Litig,ation: JAN
DEC
Open Cases: 342
New Cases: 27
HC

2
FTCA
Bivens
3
Other
Closed
Lit Reports 10

JUN
83

JUL
90

AUG
102

SEP
102

OCT

NOV

108

OCT

MAY

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

326
14
15
2

335
15
8
3

352
22
11
1
2
2

369
21
16
1
3
2
18

387
16

4

348
14
17
1
3
0
12

376
12
16
1

7
0

344
21
8
0
3
1
6
9

.12

2

29
10

1
30
9

9

10
8

2

0
4

9

0
2
5
5
6

9
1
5

NOV

.,--'

,

U.S.Depa~entofJusdce

Federal Bureau of Prisons

Dublin, CBllfomla 94S68

November 6, 1997
HEKORANDON TO WALLACE H. CBENBY, ASSISTANT DIRECTOR/GENERAL
COUNSEL
FROM:

SUBJECT:

Harlan W. Penn, Regional,Counsel
\Monthly Report for Octob~r 199~
la

~~

CASES OF INTEREST

NINTH CIRCUIT

44

IG.~TERS:

Jacks v. Crabtree, Anderson v. Crabtree, Mason v. Crabtree
9th Cir.Nos. 97-35029, 97-35030, 97-35039 (SHE) Public Defender's
Petition for Rehearing was denied on October 14, 1997. The
decision of the three judge panel, written by Judge Kosinski
which upheld the Director's discretion to include prior
convictions for violent crimes as eligibility criteria for the
DAP early release incentive. The decision also held that
3621(e) (2) (B) did not create a liberty interest in the one-year
sentence reduction.
DISDICT COURT IG.TTBRS:

Evans v. Reese, (DUB), Temporary Restraining Order/Preliminary
Injunction granted September 26, 1997 to permit independent
urinalysis/retest and suspend discipline proceedings. Hearing
October 1,' 1997 and subsequent Order October 8 - order remains in
effect. Inmate provided new urine/blood on October 16th.

"-

Graham v. Crabtree (SHE), 3621(e) year off was granted to inmate
who failed community transition component and was returned to

closer custody. In a Hearing on Motion for Immediate Release,
Court stated that inmate did not have notice of requirement to
complete third phase until CN-01 to 5530.10 was issued, and
therefore
Cort v.Crabtree requires original eligibility determination to
stand. Regional Counsel is seeking appeal of the Order. Appeal
memorandum to be submitted.
Jacobson v. Urriste Bivens case filed in Utah against staff at
MDC-LA, FPC NEL and FCI FLO by inmate now at Ft. Worth, alleging
deliberate indifference to medical needs, inadequate treatment of
diabetes and resulting disorders/conditions. Plaintiff was a
practicing M.D. prior to conviction.
Lucas, Mercadel, and Douthit v. White (DUB), three former female
inmates allege they were sexually assaulted and harassed by male
inmates and staff while housed in SHU at FDC Dublin. Mediation
suspended while Plaintiffs consider settlement offer and parties
exchange injunctive proposals.
Sevier .v. Crabtree (SHE) 3621(e). Order granting
inmate/petitioner's Motion to Enforce Judgment, and holding that
inmate who failed the community transitional services portion of
the DAP was still eligible for year-off sentence reduction, but
only because of the language agreed to in the Stipulated Order
entered.into previously. Inmate was released on bail after the
August 24, 1997 hearing in this case, pending the issuance of the
Order. The importance of the decision is that it holds the DAP
consists of three phases, all of which must be completed in order
to successfully complete DAP and be eligible for year-off.
aStipulated Orders n are unique to District of Oregon 3621(e)
litigation.
Sitton v. Adams, (SAF), 3621(e) Dismissed as moot after current
conviction determined not a crime of violence per Downey, and
inmate received year-off sentence reduction.
Vaccaro v. Dobre, (NEL) ,MSJ filed Bivens case a.gainst staff at
FPC Nellis for deliberate indifference to medical needs (in 1990)
after 9th Cir. reversed and remanded District Court dismissal of
the case.
DZALS/BEJUUNGS:

Low v. Clarke-Cain (BRN), Religious Freedom Restoration Act case
in which inmate sought injunctive relief for practice of Satmar
sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los
Angeles, but recessed for settlement discussions. Previously the
Court ordered Low placed in a halfway house for High Holy Days.

,.-

I

3621(e)

LI~IGA~ION:

DUB petitions re INS detainer/exclusion from CCC placement:
Andalon v. Hayes
Arboleda v. Hayes
Ocoro v. Hayes
Onate v. Hayes
RELIGION:

Low v. Clarke-Cain (BRN) , see above.
Harvin v. BOP (LOF) , settled, see below.
MEDICAL KALPRAC~ICE ~OR~ CLAIMS/LI~IGA~ION RE~CING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOL'VmG THE ENSIGN AHENDMEN'l: None
CASES DISMISSED PORStJANT TO PRISON LITIGATION REi'OBH ACT:

Walter Smith v. H. Harrison, M.D. (TCN) No service, Court
dismissed Bivens action alleging inadequate medical care, based
on plaintiff's failure to pay the $120.00 filing fee, pursuant to
PLRA.
ENVl:RONHZN'l!AL MATTERS:

LOM: Base Realignment and Closure conference teleconference on
tOM Wood Dump Site held October 9, 1997.
PHX: Notice of Violation issued regarding the water treatment
lagoons. Letter regarding violations and timetable for remedy
sent, no public posting necessary.
TCN: Notice of Violation issued for a vehicle washing station
which had previously been inspected and approved. Coordinated
efforts of Inst. Staff, Region and Commercial Law branch resulted
in an informal resolution of the matter.
SBT~S:

Harvin v. BOP (LOF), Bivens action filed by inmate who alleges he
is Native American and claims he was denied Sweat Lodge. Inmate
stipulated with Government that he was permitted to sweat, has
now been released. No admission of liability, no financial
compensation.

1.

ro~AL

CRIMDtAL CASES REFBIUUm

~HIS HO~H:

23

NOTE: Pre-indictment FBI investigation continuing in
the prosecution for the murder of SOS Scott Williams
and assaults of four other staff at LaM.
2•

CRIMDtAL CASES ACCEP~ I'OR PROSEctJTIOH AWAI~IHG TRIAL/

DISPOSI~ION:

ASSAOL~:

u.S. v. Twitty, (PHX) assault on staff, indicted last
month,
now involved in pleas agreement with u.S. Attys Office.
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:

u.S. v. Carlos Miranda and Chris Anderson (LOM) ,
1993 murder of inmate James Jackson. Trial began
September 23, 1997 and ended in hung jury rescheduled for November 18, 1997.
u.S. v. Aaron Stone (LaM), 1995 hostage situation.
agreement reached, sentencing November 10, 1997.
~ODUC~ION/POSSESSION

u.S. v. Chavira (PHX) ,

Plea

OF CONTRABAND:
tr~al

not yet scheduled.

u.S. v. Greenwood and Cain (PHX) , trial not yet scheduled.
u.S. v. Venegas (PHX) , trial not yet

scheduled~

PROPERTY: None
WEAPONS: None
3.

CRIMINAL .MAT'mRS REI'BIUUm (MA'lTERS DECLINED ARB NOTBD) :
ASSAULT:

Alvina, Reg. No. 02519-112 (LaM) Codes 224, 109
declined

Barker-Hernandez, Reg. No. 14318-004 (SHE)
Cain, Reg. No. 66049-198 (LOF) , Code 101 declined
Dunn, Reg. No. 300'58-037 (LOM) , Codes lOlA, 104,
109, 307 accepted
Ferrell, Reg. No. 29531-048 (PHX) pending
Herrera, Esequel, Reg. No. 44302-080 (SHE) pending
Johnson, Reg. No. 01871-070 (LOM) Codes 101, 198 declined
Olivares, Reg. No. 27117-013 (PHX) pending
Patterson, Jermey, Reg. No. 59890-065 (SHE) pending
Rosado, Reg. No. 39331-066 (LOM) Codes lOlA, 198, 307
declined
Shadzad, Reg. No. 07476-112 (LOM) declined
Williams, Reg. No. 01797-112 (PHX) pending
Yarborough, Reg. No. 82470-012 (DUB) declined
ESCAPE:
Custard, Reg. No. 02728-031 (LOM) pending
Galindo, Reg. No. 03104-112 (LOM)accepted
FRAUD/FORGERY: None

HOMICIDE:
Colasanti, Reg. No. 60983-065 (LOM) declined
r.NT.RoDUCTION/POSSESSION OF CONTRABAND:
Hawkins, Reg. No. 06077-097 (LOM) declined
Orozco, Reuben (staff - LOS) pending
Smallwood, Reg. No. 42708-080 (LOM) declined
Walmsley, John, Reg. No. 58274-065 (SHE)
PROPERTY:

None

WEAPONS:
Grover, Reg. No. 02040-112 (LOM) declined
Linningham, Reg. No. 60684-080 (LOM) declined
Roque-Baranco, Reg. No. 09696-000 (LOM) pending
~~

STATISTICS ••

Tort Claims:
NOV
DBC
Received
44
Closed
55
Reconsidered
Pending _
l30

JAN

34
30

o
l34

FBB

MAR

APR

MAY

JUN

JUL

AUG

SBP

58
28
65
l05
25
26
000
87
90 l30

S3
67

59
63

57

46
89

III

35
1
l3l

57
2l
2
l67

l24

5

1

2

'f

SAF

SDC

SRB

TRM

TCN

2

0

o

o

MAY

JUN

JUL

AUG

SBP

OCT

36
30
36

36
38
34
9

38
39
33
4

2l
26
28
9

19
23
24
l3

37

053

OVer 6 Mo.

4

Investigations Pending OVer 60 Days:
BRN DUB
LOM
LOF
LOS
NBL
PBX
o 2 l5
0
0
0
7
1
FOI/PA:
DBC
Received
Closed
Pending
30 days

-JAN

FBB

MAR

APR

28

19

16
31

32
28
35

6

8

10

24
29
30
9

27
44

15

0

1

ll6
6

o

OCT

0

3

TOTAL

26
NOV

31
30

o

OVer 6 Mon ths - 0
FOI/PA Pending More than 30 Days on Sept. 30, 1997:
BRN DUB
LOM
LOF
LOS
BEL
PBX
SAF
SDC
SHB
o
0
0
0
000
0
0

TRM
0

TCN
0

TOTAL
0

DBC

o

*Does not include inmates transferred out of Region or COMs.
Administrative Remedies:
JAN
FBB
MAR
APR
99
71
106
92
Litigation: JAN
DEC
Open Cases: 342
New Cases: 27
HC
FTCA
2
Bivens

MAY
108

JUN
83

JUL
90

AUG
102

SBP
102

OCT
121

NOV

OCT

FBB

MAR

APR

MAY·

JUN

JUL

AUG

SBP

326
l4
15
2
7

335
l5
8
3
4

344
2l
8

348
l4
17

352
22
11

369
2l

376
l2

o

16

16

387
l6
9

1
3

1

1
3

~

o

3

2

2

2

NOV

396

20
9
J
1

12
3

t

..

Q

Other'
3
Closed
Lit Reports 10

o

1

.29

1
30

10

9

9

6

o

2

12
9

10
8

2'

18
12

o

o
4
2

5
5
6

2
5

14

11

.

u.s. Department of Justice
Federal Bureau of Prisons

December 8, 1997

MEMORANDUM TO WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

SUBJECT:
~~

Harlan W. Penn, Regional Counsel

~rlfi '~{QJ.1fiHil$ fiJ;RfSin"X?5StpJlIWf!tf

CASES OF INTEREST ••

NINTH CIRCUIT MATTERS:

Montano -Figue roa v. Crabtree, CV97-1108 (District of Oregon) .
No tice of Appeal filed 11 / 1 9/9 7. District Court denied inmate's
habeas petition cha ll enging the IFRP with a finding that IFRP is
constitutional because it is vo lu ntary.
Webber v. Crabtree, CV97 -493 (District of Oregon).
Notice of
Appeal filed October 22, 1997.
District Court granted summary
judgment for BOP upholding the ban on sale of tobacco pr oduct s at
FPC Sheridan.
Blum v. Stauffer, CIV96-863 PHX (District of Arizona) Ninth
Circui t affirmed District Court's dismissal.
DISTRICT COURT MATTERS:

Evans v. Reese (DUB), Temporary Restraining Order/Preliminary
Injunction granted September 26, 1997 to permit independent
urinalysis/retest.
Stay of discipline proceedings lifted
November 21, 1997. A DHO Hearing was held on November 25, 199 7.

.
Figueroa v. Macy/U.S. (DUB), Consolidated Bivens/FTCA actions
involving death of former DUB female inmate from stroke following
transfer to FMC Carswell in 1995. Settlement conference
scheduled for December 12, 1997. No offer will be made..
Jacobson v. Urriste (NEL) , Bivens case filed in Utah against
staff at LOS, NEL and FLF by inmate now at FTW, alleging
deliberate indifference to medical needs, inadequate treatment of
diabetes and resulting disorders/conditions. Plaintiff was a
practicing M.D. prior to conviction.
Lucas, Mercadel, and Douthit v. White (DUB), Bivens/FTCA cases in
which three former female inmates allege they were sexually
assaulted and harassed by male inmates and staff while housed in
SHU at FDC Dublin. Mediation suspended while Plaintiffs consider
settlement offer and parties exchange injunctive proposals.
Vaccaro v. Dobre (NEL), Bivens case against staff at NEL for
deliberate indifference to medical needs in 1990. Motion for
Summary Judgment filed after 9th Circuit reversed and remanded
District Court dismissal of the case, holding service of U.S.
Attorney is not necessary in a Bivens case. Government has filed
a Motion to Dismiss on numerous grounds, which is under
submission.
TRIALS/BEARINGS:

Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act case
in which inmate sought injunctive relief for practice of Satmar
sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los
Angeles, but recessed for settlement discussions; scheduled to
resume February 10, 1998.
RELIGION:

Houston v. Fitzpatrick (LOF) , Bivens action filed by Nation of
Islam inmate alleging denial of First and Fourteenth Amendment
rights in allocation of Chapel resources, rejection of incoming
publications, housing assignments.
Low v. Clarke-Cain (BRN) , see above.
MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None.
CASES DISNcrSSED PURSUANT TO PRISON LITIGATION REFORM ACT:

Q

.Huckleberry v. Adams CIV 96-714, Dist. Arizona.
dismissed for failure to pay filing fees.

Judge Roll

ENVIRONMENTAL MATTERS: None
SETTLEMENTS: None

CRIMINAL CASE TRACKING
1.

TOTAL CRIMINAL CASES REFERRED THIS MONTH:
NOTE: Grand Jury proceedings continuing in the
murder of SOS Scott Williams and assaults of four
other staff at LOM.

2.
CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
U.S. v. Matt Lindsey (PHX) , prosecution of inmate
Matt Lindsey, Register No. 02331-061 for November 1,
1997 murder of inmate Bernard Jackson, Register No.
41722-008. AUSA Pat Snyder is assigned to prosecute
the case.
U.S. v. Theodore Kaczynski, UNABOMBER trial now in
jury selection in Sacramento.
DUB legal staff has
respond~d to all defense subpoenas.
U.S. v. Carlos Miranda and Chris Anderson (LOM) ,
1993 murder of inmate James Jackson.
Trial began
September 23, 1997 and ended in hung jury; new trial
in progress.
U.S. v. Aaron Stone (LOM) ,
1995 hostage situation.
agreement reached, sentencing still to be scheduled.

INTRODUCTION/POSSESSION OF CONTRABAND:
U.S. v. Chavira (PHX),. trial not yet scheduled.

Plea

..
u.s.

v. Greenwood and Cain (PHX) , trial not yet scheduled.

u.s.

v. Venegas (PHX) , trial not yet scheduled.

PROPERTY: None
WEAPONS: None

3.

CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) :
ASSAULT:

DUB - 2 inmate/staff assault referrals declined
1 inmate/staff assault referral pending
LOM - 1 referral declined (Norris, Reg. No. 01604-087)
SDC - 2 inmate/inmate sexual assault referrals
declined
TRM - 1 inmate/inmate referral declined
SHE - 1 inmate/inmate referral declined
PHX - 1 inmate/inmate referral declined
ESCAPE:

LOM - 1 attempt referral declined
FRAUD/FORGERY: None
HOMICIDE:

LOM - 1 attempt referral pending
INTRODUCTION/POSSESSION OF CONTRABAND:

LOM - 2 possession referrals pending
PROPERTY: None
WEAPONS:

LOM - 4 referred/2 declined

Q

~~

STATISTICS ••

Tort Claims: JANFEB
DEC
34
Received
44
55
30
Closed
0
Reconsidered
1
130
Pending
144
Over 6 Mo.

0

5

MAR

APR

58
105
0

28
25
0

134

87

3

4

MAY

65
26
0
90

JAN
27
44
19
6

FEB

MAR

APR

28
16
31
8

32
28
35
10

24
29
30
9

JUL

AUG

SEP

OCT

NOV

53
67
1

59
63
0

57
35
1

57
21
2

46
89
0

35
14
0

116

111

131

167

124

130

6

Investigations Pending Over 60 Days:
LOF
LOS
NEL
DUB
LOM
BRN
TOTAL
1
9
1
0
3
0
18

FOIL.PA:
DEC
Received
Closed
Pending
30 days

JUN

5

1

PHX

SAF

0

1

2

4

3

7

SDC

SHE

TRM

TCN

2

0

1

0

SEP

OCT

NOV

19
23
24
13

37
31
30
0

37
41
26
0

TRM
0

TCN
0

TOTAL
0

DEC

MAY

JUN

JUL

AUG

36
30
36
15

36
38
34
9

38
39
33
4

21
26
28
9

Over 6 Months - 0
FOI/PA Pending More than 30 Days on Nov. 28, 1997:
NEL
LOM
LOF
LOS
PHX
SAF
SDC
SHE
0
0
0
0
0
0
0
0
0
0

BRN DUB

*Does not include inmates transferred out of Region or CCMs.

Administrative Remedies:
FEB
JAN
MAR
APR
99
71
106
92

Li tig,ation: JAN
DEC
Open Cases: 342
New Cases: 27
HC
14

MAY

JUN

JUL

83

90

AUG
102

SEP
102

OCT
121

NOV

108

OCT'

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

326
14
15

335
15
8

344
21
8

348
14
17

352
22
11

369
21
16

376
12
16

387
16
9

74

J96
20
9

NOV

400
16
12

Q

FTCA

2

Bivens

2
7

3
4

0
3

1
3

0

1

29

30

1
6

10

9

9

9

1
2

1
3

1
2

0

2

12

10

2
18

8

12

0
2

3
1

1
3

5
5

2
5

0

4
2

6

14

1

Other
Closed

3

0

11

12

Lit Reports 10

6

u.s. Department of Justice
Federa1 Bureau of Prisons

Dublin, Califomia 94568

January 13, 1998

MEMORANDUM TO WALLACE H. CHENEY

ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn, Regional Counsel

-~

StJB.JECT:
~~

CASES OF INTEREST

~~

NINTH CIRCUIT MATTERS:
.Harris v. Turner, et al (NEL) CA9 dismissed appeal for lack of
jurisdiction. Appeal of District Court's decision to dismiss
Complaint with leave to amend and dismissal of several Bivens
defendants from original complaint.
Sevier v. Crabtree (SHE) 3621(e) case. Notice of Appeal filed
challenging District Court's Order that eligibility is determined
by Stipulated Order, regardless of inmate's ability to complete
all three phases of DAP.
Wilson v. Crabtree
(SHE) 3621(e) case. Notice of Appeal filed
challenging District Court's Order finding that halfway house
component was not adequately noticed as an early release
eligibility requirement until CN-01 was issued 5/17/1996.

DISTRICT COURT MATTERS:
Berry v. Crabtree, Frank v. Crabtree (SHE), Habeas cases, both
challenging 3621(e) early release ineligibility due to .

o

18 U.S.C. §924(c) conviction.
Cleary v. Benov (SAF) , 3621(e) case, in which District Court has
held that BOP must find an aold law" inmate "eligible" for early
release after completion of DAP, only because all DAP paperwork
notes that inmate is aold law" (estoppel theory'), and inmate was
never advised that he was not otherwise eligible. Order also
clearly states that actual decision to grant early release is in
discretion of the Director and Court has no authority to order
early release. Inmate is now in halfway house completing
community transition component, mandatory release date will occur
simultaneously with CCC completion.
Figueroa v. Macy/U.S. (DUB), Consolidated Bivens/FTCA actions
involving death of former DUB female inmate from stroke following
transfer to FMC Carswell in 1995. U.s. Attorney's Office urging
reconsideration of our position that no settlement offer should
be made. Awaiting further comments from government expert
, physician.
Johnson v. Crabtree (SHE), 3621(e) case. District Court granted
habeas for inmate finding that 18 U.S.C. 842(h) is not a crime of
violence and issue of eligibility is ripe upon notification of
provisional eligibility determination. Motion for
reconsideration filed on issue of ripeness
Lucas, Mercadel, and Douthit v. White (DUB), Bivens/FTCA cases in
which three former female inmates allege they were sexually
assaulted and harassed by male inmates and staff while housed in
SHU at FDC Dublin. Mediation suspended while Plaintiffs consider
settlement offer and parties exchange injunctive proposals.
U.S. v. Artt (DUB), Defense counsel filed motion to return inmate
to DUB from Alameda County Jail. Judge merely recommended the
transfer. Two co-defendants are now housed at DUB and inmate is
subject to deportation. Warden has agreed to the transfer.
Vaccaro v. Dobre (NEL) , Bivens case against staff at NEL for
deliberate indifference to medical needs in 1990. Previously
reported, still under submission.
TRLALS/~NGS:

Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act case
in which inmate sought injunctive re~ief for practice of Satmar
sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los
Angeles, but recessed for settlement discussions; scheduled to
resume February 10, 1998.
RELXGXON:

o

Low v. Clarke-Cain (BRN), see above.
MEDICAL MALPRACTICE TORT CLAIMS/LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
CASES INVOLVING THE ENSIGN AMENDMENT: None

CASES DISMISSED PURSUANT TO PRISON LITIGATION REFORM ACT:

Huckleberry v. Adams, (SAF) District Court dismissed for failure
to pay $120 filing fee.
ENVIRONMENTAL MATTERS: None
SETTLEMENTS:

Janice West v. u.s. (DUB), FTCA slip and fall case involving
broken walkway at DUB settled by U.s. Attorney's Office for
$50,000.00.

CRIMINAL CASE TRACKING

1.

TOTAL CRIMINAL CASES REFERRED THIS MONTH: 13

NOTE: Grand Jury proceedings continuing in the
murder of SOS Scott Williams and assaults of four
other staff at LOM.
2•
CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:

ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:

U.s. v. Theodore Kaczynski, UNABOMBER trial in
Sacramento. DUB legal staff has responded to all
prosecution requests and defense subpoenas.
U.s. v. Matt Lindsey (PHX), prosecution of inmate

o

Matt Lindsey, Register No. 02331-061 for November 1,
1997 murder of inmate Bernard Jackson, Register No.
41722-008. AUSA Pat Snyder is assigned to prosecute
the case.
u.S. v. Carlos Miranda and Chris Anderson (LOM),
1993 murder of inmate James Jackson. Retrial began
November 18, 1997, resulting in jury verdict of
guilt for manslaughter December 15, 1997.
Sentencing February 23, 1998.
u.S. v. Aaron Stone (LOM) , 1995 hostage situation.
agreement reached. Sentencing Janua~y 23, 1998.

Plea

INTRODUCTION/POSSESSION OF CONTRABAND:
u.s. v. Chavira (PHX), trial not yet scheduled.
u.s. v. Greenwood and Cain (PHX), trial not yet scheduled.
u.S. v. Venegas (PHX) , trial not yet scheduled.
PROPERTY: None
WEAPONS: None
3.

CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED) :
ASSAULT:
Winston, Reg. No. 19697-016 (LOM)
Pardon-Guerra, Reg. No. 09418-000 (SHE)
Cantillo, Reg. No. 13148-018 (SHE)
McGee, Reg. No. 97157-012 (SHE)
Villegas, Reg. No. 84226-011 (PHX) - declined
ESCAPE:
Custard, Reg. No. 02728-031 (LOM, attempt) - declined
FRAUD/FORGERY: None
HOMICIDE:
Colasanti, Reg. No. 60983-065 (LOM, attempt) - declined
INTRODUCTION/POSSESSION OF CONTRABAND:
Paniagua, Reg. No. 09267-112 (LOS)

Sadler, Reg. No. 54754-065 (LOM)
South, Reg. No. 54283-065 (LaM)
Sanchez, Reg. No. 62403-008 (SAF)
PROPERTY: None
WEAPONS:
Best, Reg. No. 16161-083 (LaM)
Roque-Baranco, Reg. No. 09696-000 (LaM) - declined

~~

STATISTICS ......

Tort Claims: JANFEB
DEC
Received
44
34
42
55
74

Closed

30

Reconsidered

JUN

JUL

AUG

SEP

OCT

NOV

65

53

59

57

57

46

35

26

67

63

35

21

89

14

1

0

1

2

130

116

111

131

MAR

APR

58

28

105

25

0

0

0

134

87

90

3

4

0

MAY

0

0

1 0

Pending

130

167

124

114

144

Over 6 Mo.

0

5

6

5

1

PHX

SAF

2

4

7

3

7

Investigations Pending Over 60 Days:
LOM LOF LOS NEL
BRN
DUB
TOTAL
4

31

JAN

0

SDC

SHE

TRH

TCN

1

1

4

0

SEP

OCT

NOV

19

37

37

1

1

1

2

FEB

MAR

APR

MAY

JUN

JUL

AUG

28
32

32

24

36

36

38

21

1

47

FOIt.PA:
DEC
Received

27

Closed

44

16
38
19
31
Pending
20
8
6
30 days
5
Over 6 Months - 0

28

29

30

38

39

26

23

31

41

35

30

36

34

33

28

24

30

26

10

9

15

9

4

9

13

0

0

TRM

TCN
0

TOTAL
0

DEC
101

F,OI/PA Pending More than 30 Days on Nov. 28, 1997:
PHX
SAF
SHE
LOM
LOF
LOS
NEL
SDC
BRN DUB
'0
1
0
0
0
0
0
1
0
2

0

*Does not include inmates transferred out of Region or COMs.

Administrative Remedies:
JAN
FEB
MAR
APR
71
106
99
92

Li tiga. tion: JAN
DEC
Open Cases: 342
407
New Cases: 27

90

AUG
102

SEP
102

OCT
121

NOV
74

OCT

MAY

JUN

JUL

108

83

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

326

335

344

348

352

369

376

387

396

15

21

14

22

21

12

16

20

16

8
11
3

8

17

11

16

16

9

9

12

0

1

1

1

·1

0

3

1

4

3

3

2

3

2

2

1

3

3

14
15
15
14
2
0
7
3
0

1

1

0

2

2

0

5

2

0

30
8
9

6

12

10

18

4

5

5

11

Lit Reports 10

29
12
10

9

9

8

12

2

6

14

HC
FTCA

2

Bivens
1

Other

NOV
400

1

Closed

7

6