APR. 21. 1999 07:56AM

NO.ses

P.2/4

U.S.Dep~eDtaIJu.tiee

Federal Bureau of Prisons

April 20. 1999
MEMORANDUM FOR CllRlSTOPBERERLEWINE, ASSISTANT DIRECTOR!
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

~~~CoUQCl

FROM:
SUBJECT:

Quarterly Report (1anuary 1 through March 31, 1999)

n_plfrials
KII1t: 'P. U. S. (SHE) FTCA action alleging the BOP was negligent in failing to prevent inmate from

aJ:temp1:i1Js to commit suicide by hanging. lpmate is permanently impaired and received compassionate
release aD November 18, 1998. Trial held Januaty 26" 27, 1999. Judge ruled from bcmch finding no
negligence on the part of BOP .
Nelson v. lAthers (SDC) Habeas petition, CCC inmate tested positive for methampbetamine, returned
to doset' custody aDd lost 3621(e) date. Judge released inmate on "appeal bond" after indicating he
believed inmate bad been disciplined for use of "Vicks" inhaler. Response filed by San Diego USAO
who appeared at hearing on February 26, 1999. Court refUsed to return inmate to custody.

Awards
None to report.
Sentements

Mota v. U.S. (SDC) FTCA action regarding alleged injury duriDg escorted trip. Bench trial origiDally
set for JIIDU8IY 26, 1999. gave way to settlement negotiations. A settlement ofS7,SOO was reached on
the eve of trial.

u.s.

Mawhinney v.
(LOS) FTCA action alleging slip and fall from stool while accessing top bunk.
Los Angeles USAO pad for 52S0,000 settlement authority; BOP authorized 5100,000, Plaintiff
agreed to accept 125,000 at settlement conference~ Settlement of$12S,OOO approved by DireGtor
March 3, 1999.

1

L'ITIGnTION - lrlXR. Second

QU1\.RTER REPOnT

(January 1 - Harch 31, 1999)
~

LOC

I

NUM

He

FTC

BIV

OTH

ANS

PEN

CLD

HIT

AlfD

SET

MXR

$

NCR

$

NER

$

SCR

$

SER

$

I WXR

58

SO

2

6

0

43

398

16

2

0

1

;t

AWD/SET·

r.
.....
.....
u.
~
-.J
Ul

(J')

~

$ 131.500

CO

$

TOT

$

DEFINITIONS
toc - Location
I{UM - Total Nwnber of Lawsuits Filed in Quarter

lie - Number of Habeas corpus Actions Filed in Quarter
PTC - Number of FrCA Actions Filed in Quarter
BIV - Number ot Bivens Actions Filed in Quarter
DTH - other Abtions Filed in Quarter
ANS - Number of Litigation Reports Completed
PEN
Number at Actions Pending
CLD - Number of Actions Closed
HIT - '"umber of Hearings or Trials (Narrative "nalysis Follows)
AWO - Humber of ~warda (Narrative Analysis Follows)
SBr - Number of Settlements (Narrative Analysis Follows)
J\\ofD/SRT -

J\mount of Settlements and J\wardo

LITIGATION

~NALYSIS

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CD
Ul

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U.s. Department of Justice
Federal Bureau of Prisons

Office of the Regional Counsel

Dublin. Califomia 94568

July 20, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ,ASSISTANT DIRECTOR!
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

. I

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FROM:

Harfan W. Penn, Regional Counsel

SUBJECT:

Quarterly Report (April 1 through June 30, 1999)

Litigation
NUM

HC

FTC

BIV

OTH

ANS

PEN

~LD

HIT

Awn

SET

AWD/SET

45

34

2

C)

0

43

374

37

3

0

()

II

Definitions
LOC

!'umber of Litigation Report,.. t 'mlpk·",-J
I'\umber of :ktion... Pending
Cl.f)
~um~"" of Action... CIOSc!d
II T
~umher ofllearings or Tnal .. , '.lfTall\~ I "Ih." ...
:\\\'0
~umher of Award.. (~arrall\l.' 1,.1\,·",.
SET
~umber ofSettlc:ment.. (~alTall\~ 1,.1\",\\0.
:\\\'0 SET Amount ofSenk'1llent<; and \".srJ,

Location

A'.:S

Total ~um'bc:r of Lawsuit.. Filed in Quarter
Number ofHa~.. Corpus Petition.. Filed in Quarter
Number ofITCA Action.. FiJ..-d in Quarter
Number ofBi\,en.. Actions Filed in ~art~
Other Action.. Filed

NUM
HC
FTC

Bl\'
OTH

PE~

FOIA/PA
NUM

PROC

PEND

OD

MlOD

M/P

(A

95

91

15

o

()

7

II

Definitions
LOC

Location

OJ)

()...~du..:

r-.;VM

Number Filed in Quart~

~I

~Iedlan ~umtx'f

PROC
PEND

Pr~ed

~I

Pending

C\

Or>
P

of J)a ...' (h ~'1'Itu.
!\Iedian 14"tlgth ,,{"Time II. l'f., ..,·
('i\11 AL11on' Filed l'nckr' C H ,'\

""

Western Regional Office Quarterly Report (April 1 through June 30, 1999)
Page Two

Narrative

Hearings/Trials

u.s. v. Dahkowsky, (SHE) Inmate convicted April 1; 1999, ·of assault with a deadly weapon and
assault resulting in serious bodily injury (victim was other inmate). Sentencing scheduled for June 4,
1999. Inmate received 84 month sentence.
U.S. v. Simmons, (LOM) Case involved assault on correctional officer that occurred December 14,
1997. Inmate sentenced May 13, 1999, to 84 months incarceration with 3 years supervised release to
follow.
U.S. v. Hillard, (LOM) Case involved assault of two correctional officers on October 22, 1995, during
October 1995 disturbances. On June 4, 1999, inmate received four month sentence.

Awards
None to report.

Settlements
None to report.

2

0'

"'

U.S. Department of Justice
Federal Bureau of Prisons

Office of the Regional Counsel

Dublin. Califomia 94568

October 6, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR!
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

~""~ AuJ-r.
~W. Penn, Regional C::r!ei"'--

FROM:

~-H\.

Uifrd Quarter Report (July 1. 1999 through September 30. 1999)

SUBJECT:

Litigation
NUM

He

FTC

HIV

OTH

ANS

PEN

CLD

HIT

AWD

SET

A\\OD/SET

62

46

4

8

<1

5)

352

9)1

0

(l

2

$2..J2.()()()

Definitions

LOe

:\~s

Numlx'!" of l.itigation Rl.ll0rts Complc:h:d
PE!':
~umhcr of AI.'linns Pending
CI.I>
Numh,-'!" of .·ktions Closed
II T
~umher oflleanng... or Trials (':Irrall\': )-.llIm\,,)
A WI>
Numher of ..\"<lrd, (~arrati\e hlll\l\" I
SET
Number of Seuleml.'flts (~arr"tl\': I ,,11 •• \\, I
:\ WJ) SET Amount SeUlc:menL'i and :\";lnl.,

Location
Total Number of l.awsuiL'i Filed in Quarter
Number of Habcas Corpus Petitions Filed in Quarter
Numb"... ofFTC:\ :\I.'lions Filed In Quart",!"
Number of Biv,--ns ..\",'lions Filed in Quarter
Other Actions Filed

N1TM

He
FTC

mv
OTH

or

FOIA/PA
NUM

PROC

PEND

OD

MlOD

MlP

(A

106

105

H.

(J

0

n

"

Defmition"

toe

Location
N umber Filed in Quartl.'!"
Processed
Pending

Nl'M
PRO<:
PEN))

OJ)
\1 OJ)
\1 II
l'.\

O\'I.'!"due
\k'tlian ~umh..'T \lrl>a~, (herdu ...
\lcdian 1A!nb'1h 01'1 mlC III ..r\x\....'
Civil AI.11l>n', hied lndcr H>I P \ \ ..1,

Comprehensive audit was conducted July 6-9. 1999, resulting in an adjustment
number of cases pending, At end of this quarter. 352 cases are pending,
I

to

Western Regional Office Third Quarter Report (July 1. 1999. through September 30. 1999)
Page Two

Narrative

Hearings/T rials
None to report.

Awards
None to report.

Settlements
Applegate v. United States, (DUB) Former inmate's FTCA suit alleging sexual battery, harassment.
and forced oral copulation by staffin 1995 dismissed upon settlement of $90,000.
Estate of Wayne Crosser v. United States, (SOC) Parties agreed to settle FTCA action for $152,000.
(Pending signature of plaintiff s counsel.)

2

u.s. Department of Justice
Federal Bureau of Prisons

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Office of the Regional Counsel

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MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR!
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

Harlan W. Penn, Regional Counsel

SUBJECT:

Quarterly Report (October 1 through December 31, 1999) REVISED
Litigation
AWD/sET

so

Definitions
ANS
PEN
CLD

Number of litigation Reports Completed
Number of Actions Pending
Number of Actions Closed
wr
Number of Hearings or Trials (Narrative Follows)
AWD
Number of Awards (Narratives Follows)
SET
Number of Settlements (Narrative Follows)
AWDISET Amount of Settlements and Awards

Total Number of Lawsuits Filed in Quaner
Number of Habeas Corpus Petitions I:ik'd in Quan.:r
NumberofFTCA Actions Filed in Quan"T
Number of Bivens Actions FiI"td in Quaner
Other Actions Filed

NUM
HC
FTC
DIY
OTH

FOWPA
NUM
76

PROC
67

PEND

OD

M/OD

M/P

JI

10

19

CA

o

Detinitions

00
NUM
PROC

PEND

Number Filed in Quaner
Processed
Pending

M/OD

MIP
CA

O\'erdue
Median Number of Days Overdue
Median Length of Time to Process
Civil Actions Filed Under FOIIPA Acts

I Total of 3 overdue during this quarter. One overdue caused by waiting for records from
contract facility. Two requests were received from Central Office within 5 days of due date.

4398

C::...

Quarterly Report (October 1 through December 31, 1999) REVISED
Page Two

Hearings/Trials
None to report.
Awards
None to report.
Settlements
Romero vs. United States (PHX) FTC A wrongful death action previously reported as settled by
AUSA without BOP settlement authority is revived. Plaintiff in this case, the companion of and
mother of dec e<;lent' s children, originally accepted the offer to settle but now has rejected the offer.
AUSA is proceeding with motion to dismiss.
Two FeI Dublin FTCA administrative claims (Bazin and Wylde) currently being processed for
settlement at $45,000 and $55,000 respectively.

(

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4399