Fbop All Regions Quarterly Reports 1993jan-sep
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1993 QUARTERLY LITIGATION REPORT
SECOND QUARTER
I. HEARINGS OR TRIALS
MID-ATLANTIC REGION
Peterson v. Bogan, Eastern District of Michigan
The plaintiff, and inmate at Milan, filed a Bivens case because
the Warden denied the inmate's request to marry a former contract
teacher. On February 8, 1993 a summary judgment hearing was held
and the court ruled that the Warden acted within his discretion
in denying the marriage. No precedent existed for the
plaintiff's claim. The court found that the Warden was entitled
to qualified immunity and dismissed the case.
Bryant v. Muth, U.S. Court of Appeals for the Fourth Circuit
The Bureau appealed a court's ruling that a violation of the
inmate's constitutional right of access to the courts may have
occurred when staff refused to return legal research which Bryant
had recorded on contraband computer diskettes in violation of BOP
regulations. The District Court denied qualified immunity for
the Bureau employees. On March 30, 1993 the Fourth Circuit heard
oral arguments on whether BOP employees are entitled to-qualified
immunity. The government argued that because the employees
followed valid Bureau regulations they were entitled to qualified
immunity. A decision is expected this summer.
Shuell v. Dept. of Justice, Eastern District of Michigan
An inmate with a consecutive state life sentence, attempted to
block his release from FCI Milan. The inmate sought to extend
his federal incarceration by several years by waiving statutory
good time credits. In addition, the inmate's attorney was
granted an ex parte temporary restraining order. In a hearing
held on February 8, 1993, the government successfully argued that
the inmate had no liberty interest or other right to be housed or
confined by the federal government, and when his federal sentence
was determined to be satisfied, he had no right to remain
incarcerated. He was placed in the custody of the State of
Michigan. The inmate's attorney has appealed to the Sixth
circuit.
united States v. Mercado, Eastern District of Kentucky
Dr. Mercado was accused of accepting a bribe from an FCI Ashland
inmate in exchange for expediting the inmate's medical care. The
SBAREDOC\LITBRHCH\LITRPT.2Q
Page 1
defendant argued that he thought the money was given as a loan
and on March I, 1993, a federal jury returned a verdict of not
guilty.
NORTH CENTRAL REGION
There were no reports of pending trials or hearings received from
the institutions within this region.
NORTHEAST REGION
united states v. smith, Eastern District of New York
In July, 1992 the court sentenced smith to a three year sentence
consecutive with his state term. The court recommended that the
defendant be allowed to serve his federal sentence first before
being turned over to state custody to complete his pending state
sentence. At a hearing, the Bureau argued that it could not
comply with the order because the state sentence would continue
to run. The court granted the Bureau's motion and ordered Smith
returned to state custody. The court held that any consecutive
federal sentences do not commence until the prisoner completes
service of his state sentence and is delivered to federal
custody.
SOUTH CENTRAL REGION
Young v. Meese, Northern District of Florida
A former employee challenged his firing
toward another staff member and alleges
based on racial motivations. The trial
and has been completed. A decision has
for inappropriate conduct
that his dismissal was
began on April 6, 1993
not yet been rendered.
SOUTHEAST REGION
Foley v. Caulfield, et al., Northern District of Florida
In 1990, an inmate whose sentence was nonparolable was improperly
released on parole and was returned to custody in 1991. The
plaintiff claimed that he should be released from prison because
returning him to custody after the erroneous release violated his
due process rights. On April 7, 1992, in a motions hearing, the
court held that the inmate was not required to exhaust his
administrative remedies to obtain relief and ordered the BOP to
release him.
SBAREDOC\LXTBRRC8\LXTRPT.2Q
Page 2
Glass v. united states, Northern District of Florida
An inmate at FPC Pensacola requested that the time he spent in
st. Petersburg Community Treatment Center in 1991 be credited to
his sentence as time served. On January 14, 1993, the court
dismissed the case on the merits, holding that pre-sentence and
post-sentence inmates are not similarly situated and, therefore,
treating them differently does not constitute an equal protection
violation.
WESTERN REGION
Martin and San Francisco Chronicle v. Rison et al., u.s. Supreme
Court
On March 22, 1993 the Supreme Court denied petition for
certiorari filed by Dannie Martin and the San Francisco
Chronicle.
united states v. Santiago
Central District of California.
An inmate from USP Lompoc was charged with the murder of another
inmate. Santiago was tried and convicted of murder on January
12, 1993.
united states v. Deloney, District of Arizona
A staff member was charged with introducing six ounces of
marijuana and one ounce of cocaine into FCI Phoenix. A three day
trial concluded on March 11, 1993. The staff member pled guilty
to a five year bribery felony. The staff member also agreed to
debrief and take a polygraph about other staff members who might
be introducing contraband to the institution. Sentencing is
tentatively set for May, 1993.
united states v. Benson, Central District of California
The government attempted to prosecute an FCI Terminal Island
staff member for introducing contraband to the institution. At a
hearing, the district court suppressed the confession of the
staff member on the grounds that his request for a union
representative was tantamount to invoking Miranda protection.
The U.S. Attorney dismissed the indictment.
SBAREDOC\LITBRHCB\LITRPT.2Q
Page 3
II.
SETTLEMENTS AND AWARDS
MID-ATLANTIC REGION
Young v. united States, Eastern District of Kentucky
Decedent, a former FMC Lexington inmate sued under the Federal
Tort Claims Act (FTCA) and under Bivens for damages, and alleged
that because the BOP failed to perform mandatory physical
examinations, her endometrial or uterine cancer was not diagnosed
until the disease was terminal. The Bivens defendants were
dismissed. Plaintiff died several months after a compassionate
release from the BOP. The case was settled with the estate for
$70,000 which included reimbursement of Medicare costs ($10,000)
and attorney's fees.
Meade v. united States, Eastern District of Kentucky
In this FTCA case, inmate Meade alleged that a PA gave her
improper contact lens solution, and when problems developed, she
was refused medical treatment. Ms. Meade now requires a cornea
transplant. During discovery it was realized that the case could
not be defended. After consultation with the Warden, the Office
of General Counsel and the Medical Director, the case was settled
for $35,000.
NORTHEAST REGION
Santos v. united States. et al., Southern District of New York
This case is a combination FTCA and Bivens case brought by former
inmate Ana Santos. The Bivens case names as defendants: Doug
Lansing, Former Warden, MCC New York; a former correctional
officer (who was denied representation by u.s. Attorney); and a
former physician's assistant. Santos alleged that the
correctional officer raped her in July, 1987 and that she
requested an abortion from the PA in September, 1987. The PA
ordered a pregnancy test and allegedly told Santos not to say
anything because she could get in trouble. Santos was
.
transferred to FCI Alderson on September 30, 1987, released from
custody on March 31, 1988, and had a son on May 3, 1988. The
officer admitted having sex with the inmate, but denied it was a
rape.
On June 16, 1992, the court denied our motion to dismiss Doug
Lansing from the Bivens action. The court held that the
complaint alleged a cause of action against Lansing for failing
to train staff at MCC New York, failing to adequately supervise
staff, and promoting an atmosphere where the violation of
inmates' abortion rights could occur. The Court also held that
SBARBDOC\LZTBRNCB\LZTRPT.2Q
Page 4
the constitutional right to an inmates' abortion was clearly
established in September, 1987. The court denied the motion to
reconsider. The case was settled for $100,000.
Payton v. united States, Middle District of Pennsylvania
FTCA case filed by inmate for loss of property on a transfer.
There was evidence that he had the jewelry in his possession.
The case was settled for $125 to spare litigation costs.
Oliveira v. united States, Middle District of Pennsylvania
FTCA complaint filed by inmate for the loss of 167 postage stamps
allegedly lost on a transfer. Judgment was entered against the
Bureau for $48.43, which is the value of the stamps.
Young v. Quinlan, Middle District of Pennsylvania
This Bivens case was remanded to the district court by the Third
circuit. The two claims remanded were (1) the failure to protect
Young from sexual assaults in the Special Housing unit at USP
Lewisburg, and (2) deliberate indifference to Young's needs while
in a dry cell at USP Lewisburg. These incidents allegedly
occurred in June, 1988. The case was settled on the basis of the
FTCA count for $8,000. This amount was based on anticipated
costs and inconvenience to the BOP for continued discovery and
trial.
SOUTH CENTRAL REGION
Manual v. Thornburgh, Western District of Texas
After a trial in February, the district court found that Manual
had been subjected to sex discrimination by male lieutenants at
FCr Bastrop during 1984 and 1985. This action will not be
appealed. Ms. Manual was awarded $12,610.27, as back pay,
$22,290.50 in attorney's fees, plus expenses, costs of court, and
post-judgment interest in the amount of 3.45% per annum. In
addition, Ms. Manual was granted reinstatement effective December
17, 1992. Ms. Manual was reinstated at FCr Bastrop, but has
since resigned.
WESTERN REGION
stewart v. Bureau of Prisons, District of Arizona
Former correctional officer sued alleging racial discrimination
by staff at FCr Tucson in 1987. Administrative procedures have
been exhausted and the claim was upheld. The Bureau was ordered
to reinstate stewart with back pay totalling $150,000 and promote
SBAREDOC\LITBRRCB\LXTRPT.2Q
Page 5
•
him to GS-S. BOP commenced litigation proceedings and the case
was settled in March for $79,000 without reinstatement.
SBAREDOC\LITBRNCB\LITRPT.2Q
Page 6
LITIGATION - 1993 SECOND QUARTER REPORT
I
NUM
HC
FTC
BIV
OTH
ANS
PEN
CLD
HIT
SET
AWD
40
21
6
11
2
35
132
117
4
3
0
NER
67
23
5
26
8
59
254
28
3
3
SER
45
20
2
15
8
45
NIA
41
0
0
0
NCR
68
33
9
25
1
572
46
0
0
0
SCR
45
19
5
20
1
NIA
32
254
21
9
0
$34,901
WXR
55
23
7
19
5
52
579
30
9
4
$22,100
CO
10
3
0
5
2
7
108
22
0
0
TOT
330
142
34
121
27
230
1899
305
25
10
$48
0
$57,049
DEFINITIONS
NIA
LOC
NUM
HC
FTC
BIV
CLD
HIT
SET
AWD
-
Not Available - no method for tracking this information
Location
Total Number of Lawsuits Filed in Quarter
Number of Habeas Corpus Actions Filed in Quarter
Number of FTCA Actions Filed in Quarter
Number of Bivens Actions Filed in Quarter
Other Actions Filed in Quarter
Number of Litigations Reports completed
Number of Actions Pending
Number of Actions Closed
Number of Hearings or Trials (Narrative Analysis Follows)
Number of Settlements (Narrative Analysis Follows)
Amount of Awards
LITIGATION ANALYSIS
The number of lawsuits filed in the second quarter was slightly less than in the
first quarter, with 354 filed in the first quarter and 330 filed in the second
qua~ter.
The amount of monetary damages awarded this quarter was significantly
less than in the first quarter, with $253,650 in the first quarter and $57,049 in
this quarter.
1993 QUARTERLY LITIGATION REPORT
THIRD QUARTER
I. HEARINGS AND TRIALS
MID-ATLANTIC REGION
Bryant v. Muth, U.S. Court of Appeals for the Fourth Circuit
On May 24, 1993 the Fourth Circuit reversed and remanded this
Bivens "action to the District Court with instructions to dismiss
based upon qualified immunity. The magistrate had ruled that
Butner staff may have violated Bryant's right of access to the
court when they refused to return legal research which the inmate
had placed on contraband computer diskettes in violation of BOP
regulations. The District Court accepted the magistrate's
recommendation and the appeal on qualified immunity followed.
It was argued on appeal that staff were entitled to qualified
immunity as they were following constitutional BOP regulations.
The Fourth Circuit, however, took the position that Bryant had no "
right to any materials placed without authority and in violation
of BOP regulations on contraband computer disks. To hold
otherwise would allow him to benefit from the fruits of his
unauthorized activity. The opinion contains dicta concerning the
need to control inmates' access to computers.
Thomas v. Whalen, U.S. Court of Appeals for the Fourth Circuit
This case is a complex sentence computation case involving an
aggregation of U.S. Code and District of Columbia sentences. The
District Court dismissed the petition in August 1992 without
prejudice to the petitioner's right to pursue administrative
remedies. Petitioner a~pealed. Oral arguments were held on May
6, 1993, in Richmond, V1rginia. Because of the complexity of the
computation, it was suggested by the Court that it may choose to
remand the case to the District Court with instructions to have
the BOP, at the highest administrative level, review and brief
the District Court on the petitioner's computation. In
anticipation of the remand, this office has retrieved Thomas'
complete file and the RISA is recomputing his sentences. He has
seven separate periods of incarceration. Thomas is currently in
the D.C. Department of Corrections.
NORTH CENTRAL REGIOR
Bellecourt v. U.S., U.S. Court of Appeals for the Eighth Circuit
Plaintiff appealed the District Court's dismissal of his medical
malpractice action. The basis of Plaintiff's appeal is whether a
grossly negligent misdiagnosis is a form of deliberate
SllAltBDOC\LrrBRIICH\3JU)Q'l'Jt. RP'l'
PAGE 1
indifference prohibited by the Eighth Amendment of the united
states Constitution, even where a.physician states a personal
belief that he has followed a reasonable course of treatment.
Dr. Wynn, a defendant, was a government contractor. He crossappealed the trial court's conclusion that he was an independent
contractor rather than an employee.
The Court of Appeals affirmed the trial court findings that (1)
the plaintiff has not proven presentment of an administrative
claim, (2) the contract physician was not deliberately
indifferent, and (3) the trial court properly dismissed the
pendant state action for medical malpractice because the
plaintiff failed to file a timely notice of expert review. Dr.
Wynn's cross-appeal was dismissed as moot.
NORTHEAST REGION
Bourgeois v. U.S., Middle District of Pennsylvania
USP Lewisburg inmate brought this Federal Tort Claims Act (FTCA)
complaint requesting damages for a slip and fall down steps in
September 1990. The inmate alleged that he slipped on apple
scraps and banana peels left on an outside stairway. The trial
was held from April 14-20, 1993 before u.S. Magistrate Judge
Blewitt. The court has not yet issued a decision.
u.S. v. Hillstrom,.U.s. Court of Appeals for the Third Circuit
The Third Circuit remanded this sentencing guideline case for
additional information concerning the nature of Federal Prison
Camp Allenwood. At issue is which sentencing guideline should
apply to an escapee from FPC Allenwood: the guideline applicable
to walkaways from a community corrections center (CCC) or the
guideline applicable to an escapee from a secure facility. The
Third Circuit instructed the district court to consider whether
FPC Allenwood is sufficiently similar to a CCC in its purpose and
in its security and safety considerations. The resentencing
hearing in this case has been postponed. In a similar Allenwood
escape case the court found that FPC Allenwood was not a facility
similar to a CCC. We anticipate that the court will reach a
similar conclusion in the Hillstrom case. CCM Ed Hughes and
Peter Weld are expected to testify.
u.S. v. Salameh, Southern District of New York
Three of the pretrial detainees indicted for the bombing of the
World Trade Center in New York filed motions challenging aspects
of their pretrial custody at MCC New York. The detainees
challenged their continued placement in administrative detention,
and the following conditions of confinement: exercise, clothing,
bedding, social phone calls, access to counsel, and inability to
worship with fellow Moslems. The court denied the motion and
PAGE 2
found the w~rden's security concerns of potential retaliation
from other 1nmates to be reasonable. The court also rejected
allegations concerning the conditions of confinement.
SOUTH CENTRAL REGION
Jackson v. U.S., Western District of Texas
The inmate filed this FTCA action alleging staff at FCI Bastrop
handcuffed him and forced him to use one crutch to walk to the
shower in the Special Housing unit. Jackson had a leg injury
which required that he use the crutches to ambulate. Upon
exiting the shower, he slipped and fell. Jackson was treated at
a local hospital. Upon his return to the institution, he alleges
that four staff members assaulted him while he was in restraints
resulting in the loss of use of his lower extremities.
A trial was held May 3-5, at which time the jury returned a
verdict in favor of the defendants in the Bivens action. The
judge also ruled in favor of the united states in the FTCA
action.
Taylor v. U.S., Northern District of Texas
The inmate filed an FTCA action for $155,000 and alleged
destruction of 10,000 pages of legal material and other personal
property due to rodent damage and a pipe bursting at USP Terre
Haute in the property storage area. After a one day trial on the
issue of damages, a judgment in favor of the plaintiff in the
amount of $313.51 was entered on June 14, 1993. We anticipate
that the plaintiff will appeal.
SOUTHEAST REGION
Sun v. Delashmit. et al., Northern District of Alabama
An inmate at Talladega claims that he was denied medical care and
bathroom privileges on a plane that was in transport between
Petersburg and Talladega in 1989. The inmate also alleges that
he was subject to excessive use of force. The two day trial
began on June 4, 1993 and on June 8, 1993, a verdict for the
defendants was announced. On June 14, 1993, the inmate appealed
to the Eleventh circuit.
Lee. et ale
V.
Thornburgh, Northern District of Georgia
Black employees at USP Atlanta allege discrimination based on
race because they were denied promotions. The trial was
completed on July 1, 1993. On July 23, 1993, the magistrate's
report recommended that judgment be entered in favor of the
SHAREDOC\LZTBRNCB\3RDQTR.RPT
PAGE 3
defendants, dismissing all claims, and that the plaintiff's bear
all costs.
WESTERN REGION
Alexander v. Perrill, District of Arizona
Alexander is a former inmate who prevailed in a habeas action in
the District Court in which he claimed he had not received enough
foreign jail time credit. The Court granted his habeas request
and ordered immediate release. An appeal was not sought because
of time considerations. The inmate then filed a Bivens suit
against BOP staff. The inmate contends his sentence
recalculation resulted in his late release from custody. Credit
had been erroneously awarded by an ISM at another institution.
To further complicate matters the ISM at this institution is now
deceased.
BOP and the u.S. Attorney's Office for District of Arizona filed
a motion for summary judgment and qualified immunity for all
defendants. All defendants were dismissed with the exception of
Warden Bill Perrill and ISM Luis Rivera. We appealed and argued
that the Warden and ISM should be granted qualified immunity
because only Central Office can grant foreign JTC in conjunction
with DOJ Office of International Affairs. Neither the Warden nor
the ISM has authority to award foreign jail credit. In a 2-1
decision the Court of Appeals for the Ninth Circuit denied our
appeal for qualified immunity for the Warden and ISM.
The case was remanded to USDC in Tucson. Plaintiff seeks
$625,000 in damages. Discovery has been concluded. The AUSA
offered to settle with plaintiff for $30,000 (we were not
consulted). DOJ would not authorize a monetary settlement in a
Bivens case. Pretrial conference set for August 4, 1993. We
anticipate trial this fall.
II. SETTLEMENTS AND AWARDS
MID-ATLANTIC REGION
Gatti v. Tyron, Southern District of Indiana
This case involves an automobile collision between a civilian
(Gatti) and a government vehicle operated by Correctional
security Officer Tyron from USP Terre Haute. Mr. Tyron stopped
at a stop sign and although he looked in all directions before
proceeding into the intersection, his view was obstructed. As he
crossed the intersection his government vehicle was struck by the
plaintiff, who had the right of way. The government vehicle was
totaled and the plaintiff alleges her vehicle was totaled.
SBAREDOC\LJ:TBRlfCB\3RDQTR. RPT
PAGE 4
Plaintiff's administrative claim requested a sum certain of
$100,000 for personal injury including medical expenses, lost
wages, and pain and suffering. Additionally, plaintiff claimed
property damage for the vehicle in the amount of $700, for a
total claim of $100,700. The case was settled for $10,000.
NORTHEAST REGION
Cardiff Circle Ass'n v. U.S., District of New Jersey
This FTCA complaint was filed as a result of the accidental fire
damage to property by FCI Fairton SORT team. On April 15, 1992,
the FCI Fairton SORT team was conducting tactical exercises on
plaintiff's property without his permission. Plaintiff had given
permission to local police to use his property for training
exercises. The local police told the FCI Fairton SORT team they
could use the property. The SORT team tossed two smoke 9renades
into a building. These grenades caused the entire build1ng to
catch fire. The fire was extinguished, but the building was
destroyed. A warning on the smoke grenades stated that the
device was for outdoor use only and that it can cause fires.
Plaintiff did not accept a $10,000 settlement offer of his
administrative tort claim.
We had admitted liability in the litigation. The only remaining
issue was the amount of damages. Plaintiff had sought $63,500.
The case was settled for $25,000.
Sheptin v. U.S., et al., Western District of Pennsylvania
Inmate Louis Sheptin filed a combined Bivens and FTCA action
alleging medical malpractice and deliberative indifference to
medical needs at FCI McKean from February 19, 1992 through
Fepruary 23, 1992.
On February 19, 1992, Sheptin was arrived at FCI McKean. Health
Services Administrator Heath performed the medical screening on
Sheptin, but failed to fill out the re9uired screening form.
Heath said he gave his notes to Physic1an's Assistant Calvo.
Sheptin alleged he told Heath, Calvo, and other medical staff on
rounds in the Special Housing unit repeatedly that he was on
medication (Dilantin) for a seizure disorder and that he needed
his medication. Medical records confirm this. Calvo confirmed
that Sheptin requested his medication, but Calvo said that he
could not find the inmate's medical file. The medical file for
Sheptin was in the "writ hold" section of the medical records
area. On February 23, 1992, Sheptin had a grand mal seizure and
was taken to an outside hospital. Sheptin alleged that as a
result of this seizure, he fell and injured his head and
shoulder. Later examinations (including x-rays) showed no
evidence of permanent injury. An internal investigation
SJIAREDOC\LX'l'BltHCB\SRDQTR.RP'l'
PAGE 5
concluded that medical staff were negligent in not obtaining the
medical file and in not providing Sheptin his medication.
Sheptin agreed to accept $3500 in full settlement of this
litigation (FTCA and Bivens). A special assessment of $500 will
be offset from this amount.
smith v. Lam, Southern District of New York
John Smith, a witness Security inmate at FCI otisville, filed
this Bivens action alleging staff member Lam was deliberately
indifferent to his safety at work. On January 11, 1991, Inmate
smith sewed through his finger while working at a sewing machine
in the UNICOR Glove factory in the witsec unit.
Lam executed a June 9, 1992 declaration, in which he claimed that
when the new sewing machines arrived at FCI otisville, he
personally placed the safety guards on the machines. Lam later
admitted that he lied in his declaration and that he knew that
the safety guards were not installed upon. the machine smith was
working on and that he did not install safety guards on the
machines when received at FCI otisville.
The united states continued to represent Lam because important
interests had to be protected in this litigation; information
concerning the witsec inmate had to be kept secure and there was
potential for bad precedent on work related issues. The inmate
agreed to settle the case for $100.00, that was paid by Lam. No
disciplinary action was taken against the employee.
III. CASES OF INTEREST
MID-ATLANTIC REGIOR
Alaouieh v. U.S., Eastern District of Michigan
This FTCA case involves the alleged misdiagnosis of herpetic
infection of a cornea while 'inmate Alaouieh was at FeI Milan and
alleged continuing substandard treatment at MCC Chicago and FCI
Sandstone. We have received expert evaluation of the case from a
number of ophthalmologists who all confirm there was a delay in
providing treatment and there is some indication of cornea
scarring. However, objective vision impairment is much less than
that reported by plaintiff. The AUSA made a settlement offer
under Rule 68 in the amount of $5,000 which the plaintiff
refused. Trial is scheduled for October 4, 1993.
SJlARBDOC\LX'l'BRRCII\3RDQTlt.RP'l'
PAGE 6
SOUTHEAST REGION
Green v. Department of Justice. et al., Northern District of
Alabama
An inmate at Talladega claims a violation of the Eighth Amendment
because he was housed with Cuban detainees and taken hostage
during the August 1991 disturbance. On May 11, 1993, the court
issued an order granting summary judgment on behalf of the
government.
The court held that FCI Talladega staff were not
wantonly or callously indifferent to potential danger when they
placed an American inmate in administrative detention with Cuban
Detainees in Alpha unit.
WESTERN REGION
u.S. v. George, Southern District of California
A pretrial detainee awaiting trial on federal felon in possession
of a firearm charges was writted from custody by San Diego
District Attorney for trial on minor state charges. After
appearing in state superior Court on June 2, 1992 the inmate
assaulted a Deputy Sheriff, took her revolver, and escaped. As
he fled, the inmate stopped a car and shot and killed the driver.
He was recaptured on October 5, 1992.
George has three federal charges pending.
Felon in possession of
a firearm (original federal charge), escape from federal custody
(June 2, 1992), and felon in possession of a firearm (recapture
October 5, 1992). George was tried and convicted of all three
charges in June.
Sentencing is set for September. George faces
3 state charges from the events of June 2, 1992. Assaulting a
law enforcement officer, escape, and capital murder. State trial
for assault/escape/murder is continued to February 1994.
Family of murder victim has filed a $2,000,000 FTCA claim against
BOP, USMS, and San Diego Sheriffs Office for negligence resulting
in escape and murder.
wilmer v. Meyers, Northern District of California
This is a Bivens case against staff members at FeI Dublin. The
inmate refused to be strip searched before placement in SHU
pending investigation. Wilmer overpowered the two female
Correctional Officers (CO) who were attempting the strip search.
The Lieutenant and another CO restrained Wilmer while the female
CO's wrapped her in a sheet and conducted the strip search. The
inmate demands $750,000 in damages and the case is scheduled for
trial on September 20, 1993.
SHAREDOC\LITBRNCH\3RDQTR.RPT
PAGE 7
~ate
or
reques~:
4Its~itution
87/16/93
Summary Period:
22Mar93 thru
Number of l10nths Found: 3
ADMINISTR..~TIVE REMEDIES TRACKING DATA
rtEGIONAL CFFICE APPEALS FOR:
Wes~ern Region . . . .
. .
~/A
Security Level:
~egion:
WXR
TOTAL ~lumber of Inma~es:
4ItInma~es L~ Population (excludina holdovers and in-transits):
Inmates
:~
Holdover Status:
'" 0\- "" * * * *
*
Filed During Period:
Answered During Period:
.~nswered On Time:
Average TiI:le for Response:
*
* "" * *
291
J04
292 ( 96.1%)
~9.47
days
*
* * * *
Number &
Percent
Submitted
Classl.fica~n
37
Non-mail Com
Comm Prgms
Staff
Control Unit
DHO Appeals
F
1tn/Rec
2
.1:
22
40
o
133
3
1
Operatn
Inst Program
Le9~1
10
ec Housl.ng
14
12
Il.h/Rest~nt
~
___ • __ .r. __ _
J.,L
au::.J.. t::J..
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
3
8
3
2
33
10
9
2
o
11
o
13
3
3
9.9%
0.5%
5.9%
10.7%
0.0%
35.6%
0.8%
0.3%
2.7%
0.8%
2.1%
0.8%
0.5%
3.7%
...
Number &
Percent
~ejec~ed
9.6%
29
2
6
0.0%
7.2%
14
o
o
o
2
o
25
3
o
o
5
0.5%
0.0%
2.9%
0.0%
3.5%
0.8%
0.8%
TOTALS:
374 100.0%
% of Submitted:
100.0%
% of Answered:
6
1
o
1
o
4
o
2
1
o
16
26
o
108
3
O.U"b
1
8
3
5
3
2
9
7
7.2%
27
1.2%
9
9
2.4%
0.0%
3.6%
0.0%
0.0%
6.0%
~
...0
.J.~1>
8.8%
2.7%
2.4%
16.9%
0.0%
30.1%
0.0%
0.0%
~O
0.0%
1.2%
1
o
7
o
0.0%
4.8%
0.0%
2.4%
11
1.2%
2
0.0%
3
83 100.0%
22.2%
Reason for Rejection:
5(
6.0%)
Untimely
1(
1. 2%)
~nformal resolution
13( 15.7%)
,chments
•,.::iSS
7/16/1993 9: 20 BOP-O
*
*
Number &
Percent
Filed
3
o
*
*
13407
12740
667
* * *
*
Pending at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
20Jun93
10.0%
0.7%
5.5%
8.9%
0.0%
37.1%
1.0%
0.3%
2.7%
1.0%
1.7%
1.0%
0.7%
3.1%
2.4%
9.3%
3.1%
3.1%
0.3%
0.0%
2.4%
0.0%
3.8%
0.7%
1.0%
291 100.0%
77.8%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
*
*
*
*
*60
o
REMEDIES RESOLVED
Number &
Percent
Answered
27
8.9%
0.7%
3.3%
8.6%
0.0%
41.4%
1.0%
0.3%
2.3%
0.7%
2.6%
0.7%
1.3%
3.3%
Number &
Percent
Granted
2
8.2%
3.0%
3.0%
1
1
7.4%
0.0%
10.0%
3.8%
0.0%
5.6%
0.0%
0.0%
14.3%
0.0%
0.0%
50.0%
0.0%
10.0%
12.5%
24.0%
11.1%
11.1%
0.3%
0.0%
3.0%
0.0%
3.0%
0.7%
1.3%
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
304 100.0%
23
2
10
26
o
126
3
1
7
2
8
2
4
10
.....
,. o.
.o:..U'b
25
9
9
1
o
9
o
9
2
4
wrong level
Re-submit
Other
page: 6 of 6
100.0%
o
1
1
o
o
o
1
o
o
1
o
7
..
1.,
6
N/A
7.6%
23( 27.7%)
O(
0.0%)
2(
2.4%)
at.e cr :-eques'C: :;'7/16/93
Summary Period:
2211ar93 thru
Number of Months Found: 3
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
South Central Reqion . . .
~I/A
'Cit'..ltion Securl.ty Level:
Regi~n:
SCR
'caL ::umber c: I:1mar.es:
~mates i:1 Pooulation (excludinq holdovers and in-transits):
Inmates i:1 Hoidover Status:
-
*
*
* *
~
*
*
*
'iled Durinq Period:
nswered Duiing Period:
,nswered On Tine:
~erage Time for Response:
*
*
*
*
* * Pending
* * *at * End*
240
233
233 (100.0%)
':2.35 days
Number &
Percent
Submitted
'r /Restrnt
pec Housing
'ransfer
DC Actions
'isiting
ark Assign
5
-:.2%
0.6%
4.3%
11.0%
0.0%
24.5%
0.0%
0.3%
2.8%
3.1%
1.5%
1.2%
0.3%
1.5%
33
lO.l~
24
5
14
7.3%
1.5%
4.3%
ental Care
arced Med
:edical
ental Hlth
ail Time
ecords
entence Com
3
0
23
0
11
6
11
0.9%
0.0%
7.0%
0.0%
3.4%
1.8%
3.4%
'lassif i:::atn
on-mail Com
:omm Prgms
taff
'antral unit
HO Appeals
'e'tn/Rec
noc. Operatn
nst Program
,ell
2:)
~
.;.
14
36
0
80
0
1
9
10
5
4
1
327 100.0%
OTALS:
100.0%
of Submitted:
of Answered:
eason for Rejection:
Untimely
nformal resolution
,chments
.e'
I/SSS
e
Number &
Percent
Rejected
9
0
3
21
0
8
0
1
5
3
1
1
0
2
10
7
3
1
1
0
7
0
1
0
3
8.0%
3.4%
1.1%
8.8%
0.8%
4.6%
6.3%
0.0%
30.0%
0.0%
0.0%
1.7%
2.9%
1.7%
1.3%
0.4%
1.3%
9.6%
7.1%
0.8%
5.4%
1.1%
0.0%
8.0%
0.0%
1.1%
0.0%
3.4%
2
0
16
0
10
6
8
0.8%
0.0%
6.7%
0.0%
4.2%
2.5%
3.3%
.i.1.5~
87 100.0%
26.6%
12( 13.8%)
2(
2.3%)
7(
8.0%)
7/16/1993 9:20 BOP-O
Number &
Percent
Filed
21
2
11
15
0
72
0
0
4
7
4
3
1
3
23
17
2
13
lO.3%
0.0%
3.4%
24.1%
0.0%
9.2%
0.0%
1.1%
5.7%
3.4%
1.1%
1.1%
0.0%
2.3%
*
16642
16034
608
*
*
of Period:
* *
*55
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
;:OJun93
240 100.0%
73.4%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0
*
*
*
*
*
*
REMEDIES RESOLVED
Number &
Percent
Answered
24
2
10
17
0
74
0
0
Number &
Percent
Granted
16
2
11
10.3%
0.9%
4.3%
7.3%
0.0%
31.8%
0.0%
0.0%
2.1%
3.9%
1.3%
1.3%
0.4%
1.7%
9.0%
6.9%
0.9%
4.7%
2
0
0
0
0
7
0
0
0
0
0
0
0
0
3
4
0
0
8.3%
0.0%
0.0%
0.0%
0.0%
9.5%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
14.3%
25.0%
0.0%
0.0%
1
0
14
0
6
4
6
0.4%
0.0%
6.0%
0.0%
2.6%
1.7%
2.6%
0
0
4
0
0
1
0
0.0%
0.0%
28.6%
0.0%
0.0%
25.0%
0.0%
233 100.0%
21
5
9
.,
oJ
3
1
4
21
Wrong level
Re-submit
other
page: 5 of 6
100.0%
N/A
9.0%
27( 31.0%)
O(
0.0%)
22( 25.3%)
•
OFFICE OF GENERAL COUNSEL
QUARTERLY REPORT
THIRD QUARTER 1993
•
•
•
ADMINISTRATIVE CLAIMS - 1993 THIRD QUARTER
April 1, 1993 THRU June 30, 1993
I
I
-
AMOUNT
DEN
PEND
14
1980
73
243
31
27
5469
40
101
13
0
a
168
123
45
16
SCR
183
149
33
1
WXR
138
106
32
CO
42
24
18
TOT
1011
761
LOC
:ruM
?ROP
MXR
212
135
69
NER
!.54
123
SER
114
NCR
~
241
APPR
00
A/O
A/P
8
64
III
222
a
0
94
43
216
19
**
121
326
38
145
0
0
81
0
25
278
1
1
83
64
10,621
70
370
154
**
**
30
6,378
1
11
0
0
12
24,774
282
1485
182
13
83
152
The Central Office ~.·=t:tlement figure shows an increase due to the
settlement:- in 2 autc-:nobile claims.
•
NARRATIVE ANALYSIS
DEFINITIONS
Loe - LOCATION
NUM - NUMBER FILED :'11 QUARTER
PROP - PROPERTY CLAIM
PI - PERSONAL INJURY CLAIM
APPR - APPROVED
AMT -
AMOUNT APPROVED
DEN - DENIED
PEND - PENDING
OD A/O
.A/P
N/A
•
NUMBER OVERDUE
- AVERAGE NllKBER OF DAYS OVERDUE
- AVERAGE LENGTH OF TIME TO PROCESS
- DATA NOT COLLECTED
•
ADMINISTRATIVE CLAIMS
1993 THIRD QUARTER REPORT
APRIL 1, 1993 THRO JUNE 30, 1993
LOC
MXR
NER
212
154
PROP
PI
APPR
PEND
1,980
73
243
27
5,469
40
I 14
31
i
I
I
I AMT
DEN
69
135
123
I
i
OD
A/O
A/P
8
64
111
222
0
0
94
SER
114
101
13
I
0
0
43
216
19
.*
121
NCR
168
123
45
I
16
326
38
145
0
0
81
I
SCR
183
149
33
I
1
0
25
278
1
1
83
WXR
138
106
32
64
10,621
70
370
154
.*
.*
42
24
18
I
I
30
6,378
1
11
0
0
12
TOT
1011
DEFINITIONS
761
241
! 152
24,774
282
1485
182
13
83
A/e
A/P
CO
•
INUM
LOC - LOCATION
NOM - NUMBER FILED IN QUARTER
PROP - PROPERTY CLAIM
PI - PERSONAL INJURY CLAIM
APPR - APPROVED
AMT - AMOUNT APPROVED
DEN - DENIED
PEND - PENDING
OD - NUMBER OVERDUE
A/O - AVERAGE NUMBER OF DAYS OVERDUE
A/P - AVERAGE LENTH OF TIME TO PROCESS
# - DATA NOT AVAJ:LABLE
INC - INCONCLUSIVE
ADMINISTRATIVE CLAIMS
1993 SECOND QUARTER REPORT
JANUARY 1, 1993 TBRU MARCH 31, 1993
LOC
•
NtJK
PROP
PI
APPR
AH'l'
DEN
PEND
OD
MXR
175
103
57
8
1706
70
186
11
32
97
NER
174
141
33
23
2960
115
162
0
0
101
SER
160
156
4
18
3421
150
255
45
#
109
NCR
119
90
29
9
568
8
83
0
0
34
SCR
204
140
47
11
287
37
249
0
0
120
WXR
92
71
21
39
4988
126
355
156
#
#
CO
23
9
14
27
1051
1
1
0
0
14
TOT
947
710
205
130
507
1291
212
#
79
14,981
•
LITIGATION - 1993 THIRD QUARTER REPORT
APRIL 1, 1993 THROUGH ~v~ 30, 1993
I
LaC
I
NUM
i
MXR i
59
15
73
41
I
I
I
22
I
32
I:
j
NER I
I
SER I
NCR
I
I
72
SCR !
69
31
WXR
I
66
22
co
i
I
,
I HC I FTC
11
TOT I 382
143
HIT
SET
21
4
1
$10,000
$ 3,600
AWD
2
:
30
,I
7
I
57
267
46
3
4
3 I
:'9
I
10
I
73
N/A
29
3
14
N/A
573
40
·0
31 !
3
50
224
30
7
a
a
a
$
I
I
9
N/A
627
17
20
1
$79,615
5
8
100
12
a
a
50
204
1944
195
37
6
I
;
24 I
!
4
I
9 I
26
I
I
0 I
I
I
CLD
:7 I
12 ,
I
I ANS I PEN
I
I 16 I 153
5 I
7
4
I
3IV ' OTH
3
0
0
313
a
I
40 i :50 I
$93,528
DEFINITIONS:
•
N/A
LOC
NOM
HC
FTS
BIV
-
ANS
PEN
CLD
HIT
SET
-
om -
AWD -
Not Available - no method of tracking this infor.mation
Location
Number of Total Lawsuits Filed in Quarter
Number of Habeas Corpus Actions Filed
Number of FTCA Actions Filed
Number of Bivens Actions Filed
Other Actions Filed
Number of Litigation Reports Completed
Pending
Number of Actions Closed
Number of Hearings or Trials (Narrative analysis follows)
Number of Settlements (Narrative analysis follows)
Amount of Awards
LITIGATION - 1993 SECOND QUARTER REPORT
JANUARY 1, 1993 THROUGH MARCH 31, 1993
•
HIT
SET
132
117
4
3
0
59
254
28
3
3
$48
8
45
N/A
41
a.
a
0
25
1
N/A
572
46
(~
0
0
S
20
1
32
254
21
9
a
$34,901
23
7
19
5
52
579
30
9
4
$22,100
10
3
a
5
2
7
108
22
a
0
330
142
34
121
27
230
1899
305
25
10
BIV
OTH
ANS
21
6
11
2
35
67
23
5
26
8
SER
45
20
2
15
NCR
68
33
9
SCR
4S
19
WXR
5S
CO
NOM
MXR
40
NER
TOT
PEN
CLD
FTC
LOC
HC
AWD
0
$57,049
•
•
FOIA LITIGATION
QUARTERLY STATISTICS
APRIL 1, 1993 - JUNE 30, 1993
PENDING FOIA CASES
=
28
CASES FILEO IN LAST QUARTER
=
13
•
•
•
•
EEO QUARTERLY STATISTICS
April 1, 1993 - June 30, 1993
LOC
NO
N
RL
R
D
S
RP
MXR
ST
A
(1)
C
(2)
P
(3 )
0*
(4 )
- - - --- - - .. _-- ---.
1
8
2
0
0
7
0
1
5
1
. . ....
~
NER
FD
7
0
0
7
0
4
a
0
1
-
--""--
._--
0
17
0
11
0
-_. - - - -.
4
1
-- --
SER
9
1
0
1
0
3
3
1
L.
11
1
NCR
4
0
0
1
0
2
1
1
1
2
SCR
12
5
0
8
0
6
1
1
4
WXR
4
0
0
2
1
1
2
1
CO
1
0
0
1
0
1
0
0
24
7
---- - 32
0
6
19
1
15
3
22
1
1
4
4
26
0
0
0
0
6
1
10
41
15
133
3
"\
- - . _.-
I
TOT
45
~-------
--
I
SEE ATTACHED KEY
7
22
0
-
_._--
-
------
1
---~
---
- -
5
-
-~---
- - - - -
•
•
•
KEY
N = Number complaints filed
NO = Number of complaints filed based on national origin
RL = Number of complaints filed based on religion
R = Number of complaints filed based on race
o = Number of complaints filed based on disability
S = Number of complaints filed based on sex
RP = Number of complaints filed based on reprisal
A = Number of complaints filed based on age
ST = Number of complaints settled
C = Number of complaints closed by BOP EEO !ltdtt, includirllJ settl(!JHl.!nt!..>
FD = Number of final agency decisions issued by the CAO and/or DOJ dismis~dls,
cancellations, or rejections
P = Number of complaints pending under EEO Complaints Section
o - Number of complaints over 180 days being processed under 1614
(1) Number of complaints filed differs from the bases filed because a complainant may file
on more than on basis.
(2) Number of complaints settled and the number of complaints in which the investigative
files were sent to the complainant by the EEO Complaints Section.
(3) Number of complaints pending that were under the control of the EEO Complaints Section.
Number of complaints in total inventory is 223, which represents the number of Bureau of
Federal Prison~ complaints at the Equal Employment Opportunity commission (EEOC) for
hearing, Department of Justice (DOJ) for final agency decision, and in the EEO Complaints
section.
(4) There were 63 complaints still being processed under the old regulations (1613) that are
over 180 days.
*Extensions were granted by the complainants
•
SETTLEMENTS
Northeas~
Region
Terms.
Compla.i..nt t· iled against the Federal Correctional
Institution, Schuylklll, Pennsylvania, was settled on
April 2, 1993.
The complainant had alleged that he was
discriminated against because of his race (Caucasian) and sex
when he was terminated from his position as a Correctional
Officer. The compl~.:.nant's SF-50 was changed from "Termination"
to "Resignation for Personal Reasons".
1.
Reason for Settlement. This complaint was settled by the
EEO Investigator through factfinding/mediation with the approval
of the Warden prior ~o the investigation of the complaint.
South Central Reg1or.
•
1.
Terms.
Complaint filed against the Federal Correctional
Institution, La Tunc., Texas, was settled on April 30, 1993. The
complainant had alleged that she was discriminated against
because of her race lCaucasian) and sex when:
(1) FeI La Tuna
did not consider hel application for a position as a Supervisory
Recreation Speciali~t position; (2) her position as a Supervisory
Recreation SpecialiEt at FPC El Paso was changed to a nonsupervisory positioI:, and she was told that she would not receive
a GS-ll position: aId (3) she did not receive a temporary
promotion for her a~!ignment as Acting Supervisor of Education.
After filing the co~plaint, the complainant resigned her
employment. The complainant withdrew her complaint prior to the
hearing because she had been reemployed with the Bureau and with
the condition that the agency would not retaliate against her for
having filed a complaint.
Reason for settlement. This complaint was settled by the
Labor Management Relations section prior to the hearing being
conducted in her complaint by the Equal Employment opportunity
Commission.
•
2.
Terms.
Complaint filed against the Federal Correctional
Institution, La Tuna, Texas, was settled on June 3, 1993. The
complainant had alleged that he was discriminated against because
of his race (Black) when he was subjected to an investigation of
alleged sexual harassment. He also alleged that he was
discriminated against when he was not recommended for GS-ll
Correctional Supervisor positions. The parties agreed that the
complainant would receive all copies, except the original, of the
files pertaining to this complaint within 60 days of the
settlement. The complainant would also receive written assurance
that management officials would not disclose the issues givinq
rise to this complaint with anyone, except as required by law.
•
2
Reason for Settlement.
This complaint was settled by the
Labor Management Relations Branch staff prior to the hearing
being conducted in his complaint by the Equal Employment
opportunity Commission.
3.
Terms.
This complaint filed against the Federal
Correctional Institution, Memphis, Tennessee was settled on
June 9, 1993. The complainant had alleged that she was
discriminated against because of her race (Black), sex and in
retaliation for her prior complaint of discrimination when she
received negative entries on her significant incident logs; work
assignments; and access to equipment. The complainant's attorney
was given attorney's fees.
Reason for Settlement. This complaint was settled by the
Labor Management Relations Branch staff prior to the hearing
being conducted in her complaint by the Equal Employment
opportunity Commission.
•
4.
Terms.
Complaint filed against the Federal Correctional
Institution, La Tuna, Texas was settled on June 24, 1993. The
complainant had alleged that she was discriminated against
because of her sex when she was not selected for a Human Resource
specialist position. She also alleged that she was subjected to
retaliation when she was not selected for the position of Legal
Technician. The settlement terms of the complaint consisted of
the complainant receiving priority consideration for a year for
positions for which she applies and makes the best qualified
list.
Reason for Settlement.
This complaint was settled by the
Labor Management Relations Branch staff prior to the hearing
being conducted in her complaint by the Equal Employment
opportunity Commission.
Southeast Region
1.
Terms.
Complaint filed against the Federal Prison Camp,
Homestead, Florida was settled on May 4, 1993. The complainant
alleged that he had been discriminated against because of his
race (Caucasian) and handicap (head trauma) when he was not
selected for a Correctional Officer position, GS-7. The agency
agreed to hire the complainant as a Correctional Officer, GS-6,
at the Metropolitan Correctional Center, Miami, Florida if he
meets the pre-employment requirements as set forth in the
settlement agreement.
•
Reason for Settlement.
This complaint was settled by the
Labor Management Relations Branch staff prior to the hearing
being conducted in his complaint by the Equal Employment
opportunity Commission.
•
..,
..J
2.
Terms.
CornOlalnt t:led aqainst the Federal Correctional
Institution, Talla~assee, ~lorid~, was settled on May 27, 1993.
The complainant alleoea t~at she had been discriminated against
because of her sex and in retaliation for filing a prior
complaint of discrl~lnatlon when she was not selected for an
Employee Development ~peclalist position. The complainant and
the agency agreed t~3t the complainant would be selected for the
next Employee Development Specialist position with backpay and
attorney's fees.'
Reason for Settlement.
This complaint was settled with the
agreement of the Warden, Regional Director and the General
Counsel. A review ot the facts in the investigative file
indicated that the Complaint Adjudication Office might find for
the complainant because she was the best qualified person.
Western Region
•
1.
Terms.
Complalnt tlled against the Federal Correctional
Institution, Phoenix, Arizona, was settled on May 8, 1993. The
complainant alleged that he had been discriminated against
because of his race lBlack) when he was terminated from his
position as a Correccional Officer. In settlement of his
complaint his SF-50 was changed from "Terminatior~" to
"Resignation for Personal Reasons."
Reason for Settlement.
This complaint was settled by the
EEO Investigator through factfinding/mediation wjth the agreement
of the Warden.
North Central Region
1.
Terms. Complaint filed against the Federal Prison Camp,
Duluth, Minnesota was settled on April 21, 1993. The complainant
had alleged that she was discriminated against because of her sex
when she received a letter of reprimand and negative entries in
her significant incident log. It was agreed that the letter of
reprimand would only remain the complainant's personnel file for
a year provided there were no other disciplinary actions.
Reason for Settlement.
This complaint was settled by the
EEO Investigator through factfinding/mediation with the agreement
of the Warden .
•
•
•
•
EEO LITIGATION STATISTICS
April 1, 1993 - June 30, 1993
LOC
NUM
HC
FTC
BIV
OTH
ANS
CLD
PEN
MXR
--~
.- .._----
HIT
AWD
SE
- - - - _....
__
---_.
..
."'._-".--
I
NER
- ......-
_ _---
.. -
..
-_.. ----_....
..
--
SER
NCR
I
SCR
I
WXR
CO
TOT
----
0
- - - -
*Title VII
0
L...-.-------
0
0
0
0
3
0
0
0
0
J
•
•
NARRATIVE (update)
James Ie Watts
~.
~ederal
Bureau of Prisons, Court of Appeals No.
93-5031
On April 5, 1993, Defendant-Appellee filed a Motion for Summary
Affirnance, requestIng that the Court of Appeals grant a summary
affirnance of the Uistrict Court's Memorandum of November 18, 1992,
which entered judgment for appellee after trial and dismissed the
c~s7·
.Plaiz:ttiff-Appellant then filed a Motion to Exceed Paqe
L~m~ts
1n hl.s response to the Defendant-Appellee's Motion for
Summary Affirmance.
On April 15, 1993, Plaintiff-Appellant also
filed a Motion for Leave to File Documents, in which he requested
to attach a copy or the documents issued by the District Court to
his Motion for Summary Reversal.
On April 21, 1993, DefendantAppellee filed its Reply to Appellant's opposition to the Motion
for Summary Affirmance. Plaintiff-Appellant also filed an Order to
Show Cause on April 26, 1993, requesting that the DefendantAppellee show cause why it disapproved plaintiff's request for
reasonable and compensated administrative leave.
PlaintiffAppellant then filed on April 27, 1993, a Motion to Extend Time for
Filing, so that he CQuid have additional time to file his response
to Defendant-Appell,:-e's Motion for Summary Affirmance.
On April
29, 1993, the court jenied Plaintiff-Appellant's Motion to Exceed
Page Limits.
Also O~ that date, the Defendant-Appellee filed its
opposition to the M:ttion for an Order to Show Cause.
On May 12,
1993, the court s~anted Plaintiff-Appellant's Motion for an
Extension of Time, and on May 21,1993, it denied PlaintiffAppellant's Motion 1 !r an Order to Show Cause. Defendant-Appellee
filed a Motion for .. eave to File an opposition to Appellant's
Motion for Summary l-.eversal on June 10, 1993.
On June 25, 1993,
Plaintiff-Appellant filed his opposition to Appellee's Motion for
Leave to File Opposition to Appellant's Motion for Summary
Reversal.
Helen L. Archie v. William Barr, Civil Action No. 91-1585
On May 19, 1993, Kelly Tirik, Attorney for the Federal Bureau of
Prisons, and Jeff Sprung, Assistant united states Attorney, met
with four witnesses to prepare them for their upcoming depositions.
On May 20, 1993, the depositions of two of the witnesses were taken
at the law office of the plaintiff's attorney. Those two witnesses
were Sandra Parks and Stanley Wexler.
However, the two other
witnesses, Sandra Hurst and John Flynn, were unable to attend the
depositions on May 20, 1993. Additionally, John Flynn retired at
the end of May and moved to Arizona. The remaining two depositions
have not been rescheduled as of this date.
•
Adnan Niaz Mir y. Federal Bureau of Prisons, No. 92B00225
On April 20, 1993, the Court issued an Order denying Defendant's
motion for dismissal of the case, but i t did dismiss the national
•
•
•
origin claim in the case. rhe Order also instructed the Plaintiff
to file a statement by May 3, 1993 , to assist the bench in
resolving whether the case contains a viable citizenship status
discrimination claim.
an June 7, 1993, the Court granted the
Plaintiff an extenslon until June 21, 1993, to file his responsive
statement.
On June 14, 1993, the Plaintiff asked for another
extension of time, ~ntil July 30, 1993, to file a responsive
statement with the Court.
The court issued an Order on June 22,
1993, granting the Plaintiff only until July 19, 1993, to file his
responsive statement .
•
EEO - THIRD QUARTER REPORT 1993
APRIL 1, 1993 TEROUGH JL~ 30, 1993
LOC
NO
IN I
RL
II
0
I
MXR
8
1
NER
7
o
SER
9
I1
NCR
4
a
SCR
12
WXR
CO
I R
I 2
Ir--;-l
::J
! 0
p
C
FD
S
5
0
1
17
0
I0 I 0
4
1
1
11
0
A/a
0
I
4
1 : 0
I
3
3
1
11
1
2
32
a
0
1 ! 0
I
2
1
1
2
6
1
19
1
5
0
8
! 0
I
6
1
1
15
3
4
22
1
4
0
0
2 I 1
I
1
2
1
4
4
1
26
a
1
0
0
1
0
0
0
0
6
1
5
41
15
10
133
3
7
II~
~
I
0
I
7
TOT
0
45
22 I ..
NARRATIVE ANALYSIS
I
•
Is I R I A
I 7 I0 1
I 1 0
I 24 /7
LOC - LOCATION
NU - TOTAL NUMBER OF EEO COMPLAINTS FILED
N - NUMBER OF NATIONAL ORIGIN COMPLAINTS FILED
RL - NUMBER OF COMPLAINTS FILED ALLEGING RELIGIOUS DISCRIMINATION
R - NUMBER OF COMPLAINTS FILED ALLEGING RACIAL DISCRIMINATION·
H - NUMBER OF COMPLAINTS FILED ALLEGING HANDICAP DISCRIMINATION
S - NUMBER OF COMPLAINTS FILED ALLEGING SEXUAL DISCRIMINATION
R - NUMBER OF COMPLAINTS FILED ALLEGING REPRISAL
A - NUMBER OF COMPLAINTS FILED ALLEGING AGE DISCRIMINATION
C - NUMBER OF COMPLAINTS COMPLETED BY CENTRAL OFFICE
FD - NUMBER OF COMPLAINTS WITH FINAL DISPOSITION
S - NUMBER OF COMPLAINTS SETTLED
P - NUMBER OF COMPLAINTS PROCESSED
AIO - AVERAGE NUMBER OF DAYS OVERDUE
AlP - AVERAGE NUMBER OF DAYS TO PROCESS
EEO - SECOND QUARTER REPORT 1993
JANUARY 1, 1993 THROUGH MARCH 31, 1993
•
R
A
C
FD
S
1
0
0
0
1
0
11
0
1
1
0
a
1
0
0
15
0
2
2
0
1
a
1
3
1
30
0
0
3
0
2
2
1
2
1
1
"9
0
1
1
7
3
3
4
2
1
3
0
:;,4
0
11
5
1
5
1
4
1
0
5
1
4
25
0
0
0
0
0
0
0
0
0
1
0
0
3
0
35
8
.2
20
7
11
8
4
11
9
6
137
0
LOC
NO
N
RL
MXR
1
0
0
0
0
NER
3
1
0
3
SER
5
0
0
NCR
5
1
SCR
9
WXR
CO
TOT
R
D
S
A/O
P
Alp
•
CONTRACT REVIEW STATISTICS REPORT
FROM: 04/01/93
TO: 06/30/93
:r
:I
OFFICE OF GENERAL COUNSEL
COMMERCIAL LAW BRANCH
ii!
1
IINo. of Contract Actlons Submitted for Review
I
i No. of Contract Actions Completed
I
I No. of Pending Contracts
IjAverage
~i
,
5
;j
SITE PREP
0
27
,i
UTIL
0
CONST
24
;1
OTHERS
138
SUPPLY
0
2
A&E
4
CCC
:
i
I
•
4
IGA
I
•
Number of Days To Process
ADP
197
3
1'ypes of Contracts Submitted for Review
II
200
I
I
Division Generating Contracts
ADM
36
FPI
135
CPD
28
HRH
1
OIR
0
MED
0
PRD
0
OGC
0
IPPA
0
CCD
0
NIC
0
•
UNITED STATES GOVERNMENT
MEMORANDUM
FEDERAL BUREAU OF PRISONS
JAN I 3 1994
DATE:
ATTN Of:
George E. Pruden. :r
Deputy Designated Agency Ethics Officia
Federal Bureau of Prisons
SUBJECT:
Ethics Training
TO:
Janis A. Sposato, Associate Assistant Attorney General
Justice Management Division
REPLY TO:
C~nducted
for Federal Bureau of Prisons Personnel
I am pleased to report that Ethics training has been provided
to 359 employees of the Federal Bureau of Prisons for the
period covering April 1, 1993, to June 30, 1993.
•
The 17 training E. vents
included the follo',/ing:
(lists of attendees
are
attached)
1.
Ethics tr·.lining session on the new aGE regulations of
2 hours was otfered to 41 Central Office Prong I I employees on
AprilS, 1993.
~
2.
An Ethics training session on the new aGE regulations of 2
An
hours was offered to 37 Central Office Prong I I employees on
April 6, 1993.
3.
An Ethics training session on the new aGE regulations of 2
hours was offered to 17 Central Office Prong I I employees on
April 7, 1993.
4.
An Ethics training session on the new OGE regulations of 2
hours was offered to 21 Central Office Prong I I employees on
April 7, 1993.
5.
An Ethics training session on the new aGE regulations of 2
hours was offered to 13 Central Office Prong II employees on
April 8, 1993.
6.
An Ethics training session on the new aGE regulations of 2
hours was offered to 21 Central Office Prong II employees on
April 9, 1993.
•
7.
An Ethics training session on the new aGE regulations of 2
hours was offered to 15 Central Office Prong II employees on
April 12, 1993.
•
•
2
8.
An Ethics t~3ininq session on the new OGE regulations of 2
hours was o:=ered to 33 Central Office Prong II employees on
April 14, : 993.
9.
An Ethics ~~31ning session on the new OGE regulations of 2
hours was or:ered to 16 Central Office Prong II employees on
April 15, ~993.
10.
An Ethics t~31ning session on the new OGE regulations of 2
hours was offered to 18 Central Office Prong II employees on
April 16, 1993.
11.
An Ethics t~aining session on the new OGE regulations of 2
hours was offered to 16 Central Office Prong II employees on
April 16, 1993.
12.
An Ethics t~31nlnq session on the new aGE regulations of 3
hours was offered to 43 Prong I employees at the United states
Penitentiary i~ Lewisburg, pennsylvania on April 19, 1993.
13.
An Ethics training session on the new aGE regulations of 3
hours was offered to 16 Central Office Prong I employees on
April 30, 1993 .
14.
An Ethics and Sexual Harassment training session of 2.5 hours
was offered to 2 Central Office employees as part of New
Employee Orientation on May 4, 1993.
15.
An Ethics and Sexual Harassment training session of 2.5 hours
was offered to 8 Central Office employees as part of New
Employee Orientation on June 2, 1993.
16.
A procurement ethics training session of 1 hour was offered to
30 Community corrections Management Contractors on June 25,
1993 in Baltimore, Maryland.
17.
An Ethics and Sexual Harassment training session of 2.5 hours
was offered to 12 Central Office employees as part of New
Employee Orientation on June 29, 1993.
Attachments
•
•
LITIGATION -
1993 THIRD QUARTER REPORT
---
.LOC
: NtJM
!
I
:MXR
I
I
•
<NCR
~2
I: 16
153
21
4
1
573
40
0
a
I
1$10,000
i!
--
59
I 15
I
7
)0
I
7
I
57
267
46
3
4
$3,600
69
I
31
!
4
21.
50
224
30
7
a
$313
73
I
41
I 3
19 I 10
73
--
29
3
a
a
I
22
i
9
26 i
9
--
627
17
20
1
4
i
0
,
5
8
100
12
a
a
382 :143
l
40
1204
1
1944
37
6
I
I
I
I
I
iWXR I 66
I
i
14
I
I
.CO
~
I
SET I AWD
I
I
""\
,
I
~SCR
I
17
jPEN ICLD !H/T
.: ·1
!
I
5
,
IANS
12
:INER
!SER
I
OTH
!
I
I
I
8
I
::IV
-:"2 I 22
l
'1
I
HC ,fTC
11
iI
)
I
!
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I
I
I
J
I
I
;
a
$79,615
a
:
: TOT
~
j
i
':'501
50
195
$93,528
DEFINITIONS
•
NIA
LOC
NUM
HC
FTC
BIV
OTH
ANS
PEN
CLD
HIT
SET
-
Awe -
Not Available - no method for tracking this information
Location
Total Number of Lawsuits Filed in Quarter
Number of Habeas Corpus Actions Filed in Quarter
Number of FTCA Actions Filed in Quarter
Number of Bivens Actions Filed in Quarter
other Actions Filed in Quarter
Number of Litigation Reports Completed
Number of Actions Pending
Number of Actions Closed
Number of Hearinqs or Trials (Narrative Analysis Follows)
Number of Settlements (Narrative Analysis Follows)
Amount of Awards
LITIGATION ANALYSIS
The number of lawsuits filed in the third quarter increased by 52
over the previous quarter, with 330 filed in the second quarter
and 382 filed in the third quarter. The amount of monetary
damages awarded in this quarter was greater than in the previous
quarter, with $93,528 in the third quarter and $51,049 in the
second quarter.
•
B,\SBARBDOC\ LtTBRNCK\3RDOTR. STT
•
:)93
-~ARTERLY
LITIGATION REPORT
:'!iIRD QUARTER
:~EJt...RINGS
AND
TRIALS
MID-ATLANTIC REGION
3ryant: ':.
~·!'..lth,
.~..
.s. :ourt: of Appeals for the Fourth Circuit
On May 2~. :?93 t~e Fourth Circuit reversed and remanded this
Bivens ac~ion to t~e District Court with instructions to dismiss
based upon qualif:ea lnmunlty. The magistrate had ruled that
Butner s~aff ~ay r.3ve 'Jiolated Bryant's right of access to the
court when ttey rerused to return legal research which the inmate
had placed en contr3cand computer diskettes in violation of BOP
~equlatlons.
~he Distrlct court accepted the magistrate's
~ecommendatian and tte appeal on qualified immunity fOllowed.
:t was
a~auea
on aooeal that staff were entitled to aualified
:~un1ty as they were rollowlng constitutional BOP regulations.
fhe Faurt:h Circult, however, took the position that Bryant had no
to any materlals placed without authority and in violation
of BOP regulations en contraband computer disks. To hold
otherwlse would allow nim to benefit from the fruits of his
unauthorlzed activity. The opinion contains dicta concerning the
need to control inmates' access to computers •
~ight
•
Thomas v. Whalen,
~.s.
Court of Appeals for the Fourth Circuit
This case is a complex sentence computation case involving an
aggregation of U.S. Code and District of Columbia sentences. The
District Court dismissed the petition in August 1992 without
prejudice to the petitioner's right to pursue administrative
.... "' ... ,..,..i..;",..
-
- - .... - - - - .
n..--. •
-
.;_~
........ ,.....~
....... ~ .... ~-- ..... ~
_ ..................
~~t:_
1~~
................ ,.,........
", ___ 1
- - - ................... - - - '-'~-... ............ ~ .......... "'-...........
• • -..- ....
\...-,..;,
...........................
........
"" ••
'.tIIIIt ••
....&.c.&~
6, 1993, :n Richmond, Virg1nia. Because of the complexity of the
computatlon, it was suggested by the Court that it may choose to
remand t~e case to the District Court with instructions to have
the BOP, at the highest administrative level, review and brief
the District Court on the petitioner's computation. In
anticipation of the remand, this office has retrieved Thomas'
complete file and the RISA is recomputing his sentences. He has
seven separate periods of incarceration. Thomas is currently in
the D.C. Department of Corrections.
NORTH CENTRAL REGION
Bellecourt v. U.S., U.S. Court of Appeals for the Eighth Circuit
Plaintiff appealed the District Court's dismissal of his medical
malpractice action. The basis of Plaintiff's appeal is whether a
grossly negligent misdiagnosis is a form of deliberate
••
SB.AaZDOC\ Lr"r8mICB\ 3JU)O'1'1t _ RPT
PAGE 1
•
indifference pronlt:~ed by the Eighth Amendment of the united
States Cons~itutlcn. even where a physician states a personal
belief tha~ ~e has :~llowea a reasonable course of treatment.
Dr. Wynn, a defenaan~, ~as a governmen~ contractor. He cross3ppealed the tria~ ==~r~'s conclusion that he was an independent
con~rac~or ra~her ~~an an employee.
The Court or AppealS arfirned the trial court findings that (1)
the plaintiff has ~~~ proven presentment of an administrative
claim, (2) the cont~3cC physician was not deliberately
indifferent, and r:; the trial court properly dismissed the
pendan~ state acc~=~ for nedical malpractice because the
plaintiff failed t= ::le a timely notice of expert review. Dr.
Wynn's cross-appeal ~as dismissed as moot.
NORTHEAST REGION
90urgeois v. U.S.,
~iddle
District of Pennsylvania
~SP Lewisburq ln~ate Drouaht this Federal Tort Claims Act (FTCA)
complaint requesti~g damages for a slip and fall down steps in
September 1990. ~~e lnmate alleged that he slipped on apple
scraps and banana peels left on an outside stairway. The trial
was held from Aprll :4-20, 1993 before u.s. Magistrate Judge
Blewitt. The court ~as not yet issued a decision.
•
u.s. v. Hillstrom,
~.s.
Court of Appeals for the Third Circuit
The Third Circuit r€manded this sentencing guideline case for
additional informatj:n concerning the nature of Federal Prison
Camp Allenwood. At issue is which sentencing guideline should
apply to an escapee from FPC Allenwood: the guideline applicable
to walkaways from a community corrections center (CCC) or the
,..,. .... .,..;"1.: ... ,,
? ................. ~~......
-:s~.-1..;,.
.....r:-r:- ...
~-
.........
1~
....... -
~
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.......
--- ......
.__-. .............
....~....-
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J:~ ... __
• .........
-
, . ........ --. ...
'-&
. . . . . . ~-.........
~ ...... . : , . : ..... - •
......................
.z •
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Third Circuit instruc·::ed the district court to consider whether
FPC Allenwood is sutficiently similar to a CCC in its purpose and
in its security and safety considerations. The resentencing
hearing in this case has been postponed. In a similar Allenwood
escape case the court found that FPC Allenwood was not a facility
similar to a CCC. We anticipate that the court will reach a
similar conclusion in the Hillstrom case. CCM Ed Hughes and
Peter Weld are expec~ed to testify.
u.s. v. Salameh, Southern District of New York
Three of the pretrial detainees indicted for the bombing of the
World Trade Center in New York filed motions challenqing aspects
of their pretrial custody at MCC New York. The detainees
challenged their continued placement in administrative detention,
and the following conditions of confinement: exercise, clothing,
bedding, social phone calls, access to counsel, and inability to
worship with fellow Moslems. The court denied the motion and
•
S"A ............. LX'1'BIDICII\ 3PDO'ftt • RP'l'
PAGE 2
•
~~und
the Warden's 5ecurl~V concerns of potential retaliation
~he court also rejected
~11egat1ons concer~:~a t~e conditions of confinement.
:~om o~~er inma~es ~~ be reasonable.
SOUTH CENTRAL REGION
_-ackson v. u. S.
I
:-:estern
~istrict
of Texas
:he inmate filed t~:s FTCA action alleging staff at FCl Bastrop
~andcuffed him and :~rced him to use one crutch to walk to the
s~~wer in ~he Spec131 Housing unit.
Jackson had a leg injury
Nnlch requ1red that ~e use the crutches to ambulate. Upon
exiting the shower, ~e slipped and fell.
Jackson was treated at
a local hospital. :pon his return to the institution, he alleqes
that four staff ~emoers assaulted him while he was in restraints
~esulting in the l=ss or use of his lower extremities.
A trial was held M3Y ;-5, at which time the jury returned a
':erdict in favor c: ,:~e defendants in the Bivens action. The
:udge also ruled i~ ravor of the united states in the FTCA
action.
~aylor
•
v. U.S., Northern District of Texas
The inmate filed an FTCA action for $155,000 and alleged
destruction of 10,000 pages of legal material and other personal
property due to rodent damage and a pipe bursting at USP Terre
Haute in the property storage area. After a one day trial on the
issue of damages, a judgment in favor of the plaintiff in the
amount of $313.51 was entered on June 14, 1993. We anticipate
that the plaintiff will appeal.
,.."'~ .. ~'"
.........
............... ..n~T"''''Y
-... ........ -.-..
....,~
~
Sun v. Delashmit. et al., Northern District of Alabama
An inmate at Talladega claims that he was denied medical care and
bathroom privileges on a plane that was in transport between
Petersburg and Talladega in 1989. The inmate also alleges that
he was subject to excessive use of force.
The two day trial
began on June 4, 1993 and on June 8, 1993, a verdict for the
defendants was announced. On June 14, 1993, the inmate appealed
to the Eleventh Circuit.
Lee. et al, v. Thornburgh, Northern District of Georgia
Black employees at USP Atlanta allege discrimination based on
race because they were denied promotions. The trial was
completed on July 1, 1993. On July 23, 1993, the magistrate's
report recommended that judgment be entered in favor of the
•
SILUtEDOC\ UTBRIICII\ 3RDQT1t. RP'I'
PAGE 3
•
jeienaants.
3.11 ..:=sts.
':':'.lims,
~~d
that the
plaintif~/s
bear
WESTERN REGION
.\ l exander
'f.~.
;.
.~Q"""""
------,
~~str:=~
of Arizona
Alexander is a forner :~rnate woo prevailed in a habeas action in
the Dlstrict ~our't ::1 which he claimed he had not received enough
foreign jail time c~edit.
fhe court granted his habeas request
3nd ordered inmedia~c r~lease. An appeal was not sought because
~I tiDe consideratlcns.
~he lnmate then filed a Bivens suit
aaalnst BOP staff.
~he ~~~ate contends his sentence
recalculation resultea In his late release from custody.
Credit
had been erroneouslv awarded by an ISM at another institution.
~o further complicate natters the ISM at this institution is now
deceased.
Att=~~ev's Office tor District of Arizona filed
notlon for summary :uaqmcnt and qualified immunity for all
ieiendants. All defendants were dismissed with the excep~ion of
Warden Bill Perrill and ISM Luis Rivera.
We appealed and argued
that the Warden and ISM snould be granted qualified immunity
because only Central Office can grant foreign JTC in conjunction
with DOJ Office of International Affairs.
Neither the Warden nor
the ISM has authority to award foreign jail credit.
In a 2-1
decision the Court of Appeals for the Ninth CirCtlit denied our
appeal for qualified i~unity for the Warden and ISM.
30P :na the C.5.
J
•
The case was remanded to USDe in Tucson.
Plaintiff seeks
$625, 000 in damages.
Discovery has been concludt~d. The AUSA
offered to settle with plaintiff for $30,000 (we were not
consulted). DOJ would not authorize a monetary settlement in a
... ,..
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~ •• .,.. ........
......
.... ....-'-'
~
r.T ......
It
11""\1'\--.
.."
. - - ' . . ..., • • , ....
anticipate trial this fall.
II. SETTLEMENTS AND AWARDS
MID-ATLANTIC REGION
Gatti v. Tyron, Southern District of Indiana
•
This case involves an automobile collision between a civilian
(Gatti) and a government vehicle operated by Corre=tional
security Officer Tyron from USP Terre Haute.
Mr. Tyron stopped
at a stop sign and although he looked in all dire~tions before
proceeding into the intersection, his view was obstructed. As he
crossed the intersection his government vehicle was struck by the
plaintiff, who had the right of way. The government vehicle was
totaled and the plaintiff alleges her vehicle was totaled.
SllUEDOC\ LITBRlCCB\3RDOTR. RP'1'
PAGE 4
•
?lain~!!~'s adm~~:s~racive claim reauested a sum certain of
5100,000 :or personal i~iury includlng medical expenses, :os~
~aQes. ~~d pa~n ~na sutfer~nq.
Additionally, plaintiff claimed
9roper~y iamaqe ~=r ~~e vehicle in the amount of $700, for a
~otal =~~lrn ot 5::C,7:0.
~he case was se~tled ~~r $10,000.
NORTHEAST REGION
Cardif: ::rcle
Ass'~
v.
~.S.,
District of New Jersey
This rTCA compla~~~ ~as filed as a result of the accidental fire
.jamaqe -:= proper~'!' oy Fer Fairton SORT team.
On April 15, 1992,
the Fer ?~irton SCRT ~eam was conducting tactical exercises on
plaintiff's proper~y without his permission.
Plaintiff had given
permission to local ~olice to use his property for training
exerc~ses.
~he ~~cal ~olice told the FCI Fairton SORT team they
could use the crocertv.
The SORT team tossed two smoke arenades
:nto a bu~ldina. - ~~ese grenades caused the entire building to
ca~cn f:re.
:he r:re was extinguished, but the building was
destroyed. A warn~na on the smoke arena des stated that the
device· was for outdoor use only and·that it can cause fires.
Plaintiff did not accept a $10,000 settlement offer of his
administrative tort =lairn.
•
We had admitted liability in the litigation.
The only remaining
issue was the amount of damages.
Plaintiff had sought $63,500.
The case was settled for $25,000.
Sheptin v. U.S.« et al., Western District of Pennsylvania
Inmate Louis Sheptin filed a combined Bivens and FTCA action
alleging medical malpractice and deliberative indifference to
medical needs at FeI McKean from February 19, 1992 through
1:'",",_•• - _ ••
- - - - - - - - .J
""
-."
., nn..,
- ........
On February 19, 1992, Sheptin was arrived at FCr McKean.
Health
Services Administrator Heath performed the medical screening on
Sheptin, but failed to fill out the required screening form.
Heath said he gave his notes to Physician/s Assistant Calvo.
Sheptin alleged he told Heath, Calvo, and other medical staff on
rounds in the Special Housing Unit repeatedly that he was on
medication (Dilantin) for a seizure disorder and that he needed
his medication.
Medical records confirm this.
Calvo confirmed
that Sheptin requested his medication, but Calvo said that he
could not find the inmate's medical file.
The medical file for
Sheptin was in the "writ hold" section of the medical records
area. On February 23, 1992, Sheptin had a grand mal seizure and
was taken to an outside hospital. Sheptin alleged that as a
result of this seizure, he fell and injured his head and
shoulder. Later examinations (including x-rays) showed no
evidence of permanent injury. An internal investigation
•
SILUlZDOC\ LITBJU1C11\ 31lDQ'1'J1. APT
PAGE 5
•
:oncluded that ~ea!=31 staff were negligent in not obtaining the
file ana :~ ~ot providing Sheptin his medication.
~edical
Sheptin agreed t~ ~=ceDt 53500 in full settlement of this
:itiqation (FTCA a~a Bivens). A special assessment of $500 will
be offset :rom t~:s 3mount.
3rnith v.
~am,
~out~ern
District of New York
John Smith, a Wit~ess Security inmate at Fcr Otisville, filed
~hi~ Biyens acti~n 311eqing staff member Lam was deliberately
lnd1fferent to hlS safety at work. On January 11, 1991, Inmate
Smith sewed througn ~is finger while working at a sewing machine
in the UNrCOR Glove ractory in the witsec Unit.
Lam executed a June 9, 1992 declaration, in which he claimed that
when the new seWln= ~achines arrived at Fcr otisville, he
personally placed ~~e safety guards on the machines.
Lam later
admitted that he 1:20 in his declaration and that he knew that
the safety guaras ~ere not installed upon the machine Smith was
working on and that ~e did not install safety guards on the
machines when recelved at Fcr Otisville.
•
The United States c~'tinued to represent Lam because important
interests had to be arotected in this litigation; information
concerning the Witsec inmate had to be kept secure and there was
potential for bad precedent on work related issues. The inmate
agreed to settle the: case for $100.00, that was paid by Lam. No
disciplinary action Nas taken against the employee.
III. CASES OF INTEREST
MID-ATLANTIC REGION
Alaouieh v. U.S.,
~astern
District of Michigan
This FTCA case involves the alleged misdiagnosis of herpetic
infection of a cornea while inmate Alaouieh was at FeI Milan and
alleged continuing substandard treatment at MCC chicago and FeI
Sandstone. We have received expert evaluation of the case from a
number of ophthalmologists who all confirm there was a delay in
providing treatment and there is some indication of cornea
scarring. However, objective vision impairment is much less than
that reported by. plaintiff. The AUSA made a settlement offer
under Rule 68 in the amount of $5,000 which the plaintiff
refused. Trial is scheduled for October 4, 1993 •
•
PAGE 6
•
SOUTHEAST REGION
-J:=--7"r.:.e-:=e.:..:n~"";....:.~D~e~p.::::a.::.r~t~::1:.Ue:::..!n..!...-: : . -~-==--.::..J~u~s~t~::..!::c~e:..,,-es..=.t~a-=l~. I
Alabama
~l orthe rn
Dis tr i ct
0
f
An inmate at Talladeaa claims a violation of the Eiahth Amendment
~ecause he was housed wIth Cuban detainees and taken hostage
--.lurl.ng the August :991 disturbance. On May 11, 1993, the court
issued an order granting summary judgment on behalf of the
government.
The court held that FeI Talladega staff were not
wantonly or callously Indifferent to potential danger when they
placed an American l:1rnate in administrative detention with Cuban
Detainees in Alpha ~nl.t.
WESTERN REGION
u.S. v. George, 30uthern District of California
A pretrial detainee awal.tinq trial on federal felon in possession
of a firearm charges was writted from custody by San Diego
District Attorney tor trial on minor state charges. After
appearing in state Superior Court on June 2, 1992 the inmate
assaulted a Deputy Sheriff, took her revolver, and escaped. As
he fled, the inmate stopped a car and shot and killed the driver.
He was recaptured on October 5, 1992.
•
George has three federal charges pending. Felon in possession of
a firearm (original federal charge), escape from federal custody
(June 2, 1992), and felon in possession of a firearm (recapture
October 5, 1992). George was tried and convicted of all three
charges in June. Sentencing is set for September. George faces
3 state charges from the events of June 2, 1992.
Assaulting a
law enforcement officer-, escape, and capital murder. State trial
_...... .. - .. . .
- -- ------ -, ----r-' ------ -- .......
. . . . . , .. ..............
1=,.._
'::Ic-c-~111""
laeo_~-~
1_ ... _~roIo_
~,.
_.~
-~
....--...
t:t ........ _ •• _ _ ••
~
-~
..,~
.l
,
nn
--"
~
A
••
Family of murder victim has filed a $2,000,000 FTCA claim against
BOP, USMS, and San Diego Sheriffs Office for negligence resultinq
in escape and murder.
Wilmer v. Meyers, Northern District of California
This is a Biyens case against staff members at Fcr Dublin. The
inmate refused to be strip searched before placement in SHU
pending investigation. Wilmer overpowered the two female
Correctional Officers (CO) who were attempting the strip search.
The Lieutenant and another CO restrained wilmer While the female
CO's wrapped her in a sheet and conducted the strip search. The
inmate demands $750,000 in damages and the case is scheduled for
trial on September 20, 1993.
,
Sa.utzDOC\LITBRlfC'JI\ 3RDO'1'R • RPT
PAGE 7
QUARTERLY REPORT - ADMINISTRATIVE REMEDIES
APRIL - JUNE 1993
Administrative ~emeay jata IS provided directly from the Key
Indicator (KI/SSS) s"!stem. :-!1e first three of the attached reports
snow information on :.nsti ~ution fillings, regional appeals and
central office appeals aggregated for the Bureau as a whole (BOP All Institutions I •
-:-he rema~ning six reports display, for each
~egion, aggregate li.:ormation in regional appeals filed by inmates
:.n all institutions :.n that region.
Administrative ~emedy jata for community corrections is also
provided in Part :I. ~he Bureau of Prisons Administrative Remedy
?rocedures 'Here
"~xDanded
t.o
include
inmates
in community
c:::orrections Centers C:1 August 15, 1992. The data provided in Part
:: shows aggrega~ed data c8ver~ng the previous four quarters. We
are extremely grateful for the invaluable assistance that Suzanne
Vanyur and Jennifer 3atchelder of the research staff provided in
the design and development of these reports.
Some observations about the data in the attached reports.
o
The total :lumber of filings for this quarter showed
increases at all levels as compared to last quarter's
numbers.
Insti tution filings went from 2,964 to 3,153;
regional appeals from 1,731 to 1,764; ar..d central office
appeals from 681 to 717.
:)
Grant :1:"atcEi f0:;: -::his (fuarter showed decreast::s at all
levels.
The grant rates at the institution level went
from 16.3% to 16.0%: regional appeals from 11.7% to 8.6%F
and central office appeals from 5.2% to 3.6%.
o
staff complaints continue to be the highest category at
the institution level (14.1% or 445 of the 3,153
complaints filed).
o
Classification returned as the second highest category at
the institution level and increased from last quarter
(323 or 10.2%, up from 299 or 10.1%).
o
Other categories in the top ten at the il':sti tution level
were:
Medical and UDC Actions ( 9.2:1; ) , Insti tution
Operations (6.5%), Community Programs (6.2%), Transfer
(6.1%), Work Assignments (5.8%), Legal (4.9%), and
Institution Programs (4.1%). This list is similar to the
lists for the previous eight quarters, although the order"
of highest to lowest changed somewhat.
The percentage
distribution among the 25 subject codes is also similar
to the distribution for the previous quarters
?AGE
~
o
:or reqlcnal aDpeals, the ~op five categories were: DHO
Appeals ~0.8%. down from 30.9%), Classification (9.5%,
jown rrcn 9.1%), Staff Complaints (7.6%, up from 6.9%),
UDC Act:cns 16.3%, up from 5.0%, and community Programs
:5.7%. jawn from 7.2%).
o
The hlgnest number of regional appeals (391) was filed in
the Nort~ Central Region, which has the lowest number of
inmates i :0,498). The lowest number of regional appeals
(240) was riled in the South Central Region which has the
highest ~umber of inmates (16,642).
a
At t!1e central office level, filings for DHO Appeals
remained 3S the highest category and increased for the
:irst ~~~e since the July - september 1992 quarter ( 166
or 23.2%. ~p from 116 or 17.0%).
Central 2ff ice Appeals in the Classification category
decreased in relative frequency from 13.1% to 10.6%,
however remained in second place
for the fifth
consecuti ve quarter. The remaining categories in the top
five were: staff (7.8%, up from 7.0%), Medical Complaints
(6.8%, down from 6.6%), and Jail Time (6.7 up from 6.0).
PART II
QUARTERLY REPORT - ADMINISTRATIVE REMEDIES FOR COMMUNITY
CORRECTIONS
Administra tl';e Remedy data for Community Corrections is also
provided directly =:-:;,m the Key Indicator (KI/SSS) system.
The
attached reports snow lnformation on CCM filings, regional appeals
and central office a~peals aggregated for Community Corrections as
a whole (All Commur.1. -:"/ Corrections) for each quarter beginning when
community
correct:cns
inmates
were
first
included
in the
Administrative Remeay Procedures (August 15, 1992).
Because the
information provlded covers four quarters, we condensed the
attached reports :8r quick reference.
Subsequent reports
concerning Communl t'/ Corrections Administrative Remedy data will be
provided in summar: :'orm.
TOTAL NUMBER OF FILI$.S
QUARTER:
-t'I'H-92
1ST-93
2ND-93
3RD-93
LEVEL:
CCM
Region
Central Office
1
11
24
33
35
25
19
45
0
6
2
4
PERCENTAGE OF TOTAL FILINGS GRANTED
QUARTER:
4T.i-92
1ST-93
2ND-93
3RD-93
14.3%
2.9%
14.3%
13.6%
14.6%
LEVEL:
CCM
Region
Central Office
o
25%
o
26.3%
7.1%
o
o
CATEGORIES WITH GREATEST HUMBER OF RlOOIDIES ANSWERED
QUARTER:
4TB-92
CCM
Conon Pgm-l
o
o
o
1ST-93
2ND-93
3RD-93
Comm Pgm-15
Staff-4
CDC/Minor-4
Educ/Rec-l
Comm PgmS-18
Staff-3
CDC/Minor-3
Transfer-2
Comm Pgms-12
Staff-2
Mail-2
Class.-1
COMMUNITY CORRECT::~~S
?AGE 2
Categories with q~ea~es~
~umber
ot remedies answered, cant.
QTR-4TH-92
1ST-93
2ND-93
3RD-93
REGION
cCM/Major-1O
Inst Ops-l
::CM/Major-29
:::nst Ops-l
CCM/Major-17
Comm Pgm-2
Staff-l
CDC/Minor-l
CCM/Major-37
CDC/Minor-4
Comm Pgm-2
Food/Med-l
Comm Pgm-l
Jail Time-l
Comm Pgm-3
Jail Time-l
~1edical-l
Comm Pgm-l
CENTRAL OFFICE
:Jental-2
:::duc/Rec-l
:nst OpS-l
:ood-l
REGIONAL APPJU,T,fi WITH HIGHEST
AND
I.oKEST NUMBER OF FILINGS
QUARTERS
4TH-92
lST-93
21m-93
3RD-93
HIGHEST
MXR-7
MXR-19
NCR-lO
WXR-lO
WXR-20
LOWEST
SER-l
SCR-O
NER-l
SER-l
NER-O
Jate or :-e':Jues'C:
.~-
':6/93
'::ununarv Perlod:
:2Har93 t~ru
::;: !·lonths found: ~
.-':.JMINISTRATr:E REMEDIES :-RACKING CAT1>-.
:ENTRAL ;:FFICE APPEALS ?OR:
~Iumber
30P--~11
Ins~l:::..:t:::;:-:
TOT.~L
:"'e'lel:
:~S~l'Cu~lons.
::/A
:;'.eOlcn:
:::r I:1IJa~es:
Pcpulat!on lexcl~dlno
::-: Holdover S~at~s:
83494
75094
2906
5494
~ium.cer
Inrna~es
Inrna~es
Inrna~es
*
:::ecurl~·:
~::;ldovers
and in-transits):
~:-:-rransl:::
*
* * * * * *,..
Filed Durlng Period:
Answered Curlno Perl:::d:
Answerea On Tine:
Average ~:~e for Response:
.........
~17
SUBJEC;:'
BREAKOm';N
Number
S:
~lumber
;"~eleC~eQ
Classltica~n
:'18
:').5%
~2
5
).4%
o
~.5%
18
37
a
Srch/Restrn~
Spec IIousi.,g
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
S.
.:3ubI:ll~tea
Non-mail Com
Comm Prgrns
Staff
Control Unit
Appeals
. , atn/Rec
Food
Inst Operatn
Inst Program
Legal
Mail
1
269
1
9
53
36
66
28
....
5
... I
47
58
15
52
6
1
64
5
70
16
39
r- o.
_" • :.J
'b
~.2%
5.2%
1. 3%
4.6%
0.5%
0.1%
5.7%
0.4%
6.2%
1.4%
3.5%
TOTALS:
1125 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
_
imely
,., informal resolution
*
*
Number &
Percent
Filed
~0.3%
76
).0%
5
:).2%
3.9%
3.7%
5.1%
37
21
45
9
2.2%
19
4
1.0%
1
..J
.L • .:::. "'0
12
.l..7%
5.4%
3.1%
25
25
103
o
1
16
15
21
-
22
33
";'.4%
33
').1%
0.0%
25.2%
56
:J.O%
-0
1
166
1
8
8
2.0%
7
18
4.4%
34
3
0.7%
0.0%
3.7%
0.5%
3
1
o
15
2
*
*
*
*
* * * *461
38
22
5.4%
6
8
1.5%
2.0%
408 100.0%
36.3%
129( 31.6%)
1( 0.2%)
A~tachments
54( 13.2%)
KI/SSS
7/16/1993 9:16 BOP-O
REMEDIES RESOLVED
*
10.6%
0.7%
4.6%
7.8%
0.1%
23.2%
0.1%
1.1%
5.2%
2.9%
6.3%
2.6%
0.1%
o
*
Pending at End of Period:
Overdue:
:::~HTIATED
?ercem:
3.3%
0.1%
23.9%
0.1%
).8%
4.7%
3.2%
5.9%
2.5%
0.4%
*
59.4%)
I
?ercen~
51
93
*
~59
451
REMEDIES
':OJun93
49
3
48
10
31
2.5%
3.5%
1.0%
4.7%
0.4%
0.1%
6.8%
0.4%
6.7%
1.4%
4.3%
717 100.0%
63.7%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Number &
Percent
Answered
95
12.5%
5
38
.
0.7%
5.0%
48
6.3%
.l.
0.1%
147
19.4%
5
9
0.7%
1.2%
5.9%
2.5%
·to
27
5.3%
3
*
*
*
14
28
*
*
*
*
3.6%
0.4%
,
" ' 0..
~.O"b
5
o
o
o
o
4
o
o
o
1
1
o
o
o
2
o
30
3.7%
4.3%
1.2%
4.0%
2
3
1
0.4%
0.1%
o
33
9
*
*
*
*
*
**
*
45
:'..9
Number &
Percent
Granted
o
1
43
5.7%
3
0.4%
9.0%
0.9%
5.0%
o
75') 100.0%
27
68
7
38
100.0%
*
Wrong level
Re-submit
other
page: 1 of
4
o
3
4
5.3%
0.0%
0.0%
0.0%
0.0%
2.7%
0.0%
0.0%
0.0%
5.3%
2.5%
0.0%
0.0%
,...
,",0.
U.U'fl
7.1%
0.0%
0.0%
6.7%
33.3%
0.0%
9.3%
0.0%
4.4%
0.0%
10.5%
N/A
3.6%
46( 11.3%)
1(
0.2%)
38(
9.3%)
1
':~te
c=
~-/:6/~::;
:::-2·:rUest:
.summar': Perl.od:
22!1ar93 thru
:Jumber :J! Mom:hs Found: J
.~DHIHIS-=-?ATr:E REMEDIES :RACKING DATA
~EGIONAL OFFICE APPEALS FOR:
30P--.':'.11 : : nsti tutl.c::s.
e
:nstl~:':t:.:::::::
Secur::::
~e'lel.:
~eOl.on:
:1/A
;:umber of =~.::tates:
'::nmates :.:-: Popu~atlon ":::':C1UQlrlO noldovers and in-transits):
::::nmates :':1 Hold::::ver S~at~s:
:nmates '::n-Translt:
~OTAL
* '"
*
*
*
*
,.
*'
*
?iled Durlng Perled:
Answered Curl.ng Ferlod:
Answerea On Time:
Average fi::te for ~esponse:
':'764
;.
SUBJECT
3REAKDO~~'N
Classl.rlcatn
Non-mal.l Com
Comm Prgms
Staff
Control Unit
_
~ppeals
~ atn/Rec
Food
Inst Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
?ercent
::ubml.tt:.ea
:28
18
135
225
4
704
14
23
74
68
102
47
5
~u
9.5%
0.7%
5.6%
9.4%
0.2%
29.3%
0.6%
1.0%
3.1%
2.8%
4.2%
2.0%
0.2%
•
n
*
'"
~819
* * * *
* * * * * * *446
Pending at End of Period:
Overdue:
DlITIATED
o
~umber
&
?ercent
::<elected
') 1
3
35
':n
o
':'60
4
5
16
21
28
8
o
167
15
100
1.4.2%
134
4
544
10
18
58
47
74
39
5
9.5%
0.9%
5.7%
7.6%
0.2%
30.8%
0.6%
1.0%
3.3%
2.7%
4.2%
2.2%
0.3%
.....
~
.. 0
1.3
2.0~
37
132
161
32
77
5.5%
6.7%
1.3%
3.2%
49
49
7.7%
7.7%
0.9%
2.0%
83
112
26
64
4.7%
6.3%
1.5%
3.6%
8
3
127
2
83
34
47
0.3%
0.1%
5.3%
0.1%
3.5%
1.4%
2.0%
0.3%
0.3%
6.6%
0.0%
2.0%
1.4%
1.4%
6
1
0.3%
0.1%
4.8%
0.1%
4.0%
1.4%
2.2%
6
13
2
2
42
o
13
9
9
639 100.0%
26.6%
Reason for Rejection:
imely
76( 11.9%)
5(
informal resolution
0.8%)
Attachments
157( 24.6%)
KI/SSS
7/16/1993 9:16 BOP-O
*
Number &
Percent
?iled
3.5%
1).5%
5.5%
0.0%
25.0%
0.6%
0.8%
2.5%
3.3%
4.4%
1. 3%
0.0%
REMEDIES RESOLVED
*
• .!.'O
~
TOTALS:
2403 100.0%
% of Submitted:
100.0%
% of Answered:
4It
*
,.
83494
75094
2906
5494
1800 ( 99.0%)
':'2.51
:jays
~EMEDIES
~~umber
20Jun93
85
2
70
25
38
• .!.'b
1764 100.0%
73.4%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
.*
*
*
*
Number &
Percent
Answered
162
18
97
150
2
597
9
17
64
43
84
34
7
8.9%
1.0%
5.3%
8.2%
0.1%
32.8%
0.5%
0.9%
3.5%
2.4%
4.6%
1.9%
0.4%
.r.
*
*
*
*
*
*
*
*
**
*
*
~
... 0
• ..:.-o
75
97
28
71
4.1%
5.3%
1.5%
3.9%
7
1
0.4%
0.1%
4.9%
0.1%
3.7%
1.1%
2.0%
89
2
68
20
37
1819 100.0%
wrong level
Re-submit
other
page: 1 of 1
100.0%
Number &
Percen-c
Granted
12
o
3
7
o
50
2
o
8
1
5
1
1
2
6
19
2
6
1
o
21
o
5
2
2
156
7.4%
0.0%
3.1%
4.7%
0.0%
8.4%
22.2%
0.0%
12.5%
2.3%
6.0%
2.9%
14.3%
~
,,0
:.J.u-o
8.0%
19.6%
7.1%
8.5%
14.3%
0.0%
23.6%
0.0%
7.4%
10.0%
5.4%
N/A
8.6%
114( 17.8%)
1 ( 0.2%)
85( 13.3%)
.::a~e
reaues'C: ':J 7,':6/92
Summary Per~od:
':2Mar93 thru
Number of f1on'Chs founa: _
:OJun93
.::'DHIN::s::?.;:;:r:E ;<'EMEDIES TRACKING DATA
:~ST!~UTION FILINGS FOR:
~CF--~ll
:ns~::.. -:':':'Clcn
Securl t!· Leve.:.:
:~st1tut1ons.
Kegion:
'; / A
:OTAL :iumner ~f Inma'Ces:
:nma'Ces 1n Populatlon :~xc~:.:dl.na
:nma'Ces 1n Holdover Sta~:.:s:
:nma'Ces In-Trans~t:
*
""Filed
'" During
* * * Period:
* * *
Answered Durlnq Perlod:
Answered On Time:
Average Time for Response:
~oldovers
,..
*
*
2153
2099
2841 ( 91.7%)
~:'.88
days
and in-transits):
* * * * * * * * * * *
* Pending
at End of Period:
763
Overdue:
r<E.'-!E!)IES :NITIATED
SUBJECT
3REAKDOWN
Number &
Percent
Subm~ttea
atn/Rec
od
Inst Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Hou~.i.ng
Transfer
UDe Actions
Visiting
Work Assign
55
58
70
258
181
185
117
13
131
224
349
86
212
9.7%
1.2%
5.6%
14.8%
0.2%
1.4%
1.5%
1.8%
6.8%
4.8%
4.9%
3.1%
0.3%
3.5%
5.9%
9.2%
2.3%
5.6%
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
37
2
342
12
128
54
87
1.0%
0.1%
9.0%
0.3%
3.4%
1.4%
2.3%
Classlficatn
Non-mall Com
Comm Prqms
Staff
e~ntrol Unit
r
~ppeals
•
367
47
213
560
8
TOTALS:
3796 100.0%
% of Submitted:
100.0%
% of Answered:
~lumber
&
?ercen'C
~.e )ec'Ced
:'4
:0
:9
~15
J
~8
9
5
:- 3
:: 1
:1
.:.5
2
'::6
32
60
8
28
4
1
52
2
11
14
10
6.8%
1. 6%
J.O%
:7.9%
0.5%
5.9%
1.4%
0.8%
8.2%
7.9%
4.8%
2.3%
0.3%
,*.u%
5.0%
9.3%
1.2%
4.4%
0.6%
0.2%
8.1%
0.3%
1. 7%
2.2%
1.6%
187
REMEDIES RESOLVED
*
Number &
Percent
Filed
323
37
194
445
5
17
49
65
205
130
154
102
11
105
192
289
78
184
33
1
290
10
117
40
77
10.2%
1.2%
6.2%
14.1%
0.2%
0.5%
1.6%
2.1%
6.5%
4.1%
4.9%
3.2%
0.3%
j •
.3%
6.1%
9.2%
2.5%
5.8%
1.0%
0.0%
9.2%
0.3%
3.7%
1.3%
2.4%
643 100.0% 3153 100.0%
16.9%83.1%
ReRson for Rejection:
70( 10.9%)
imely
informal
resolution
32.8%)
:11(
•
O(
tachments
0.0%)
KI/SSS
7/16/1993 9:16 BOP-O
83494
75094
2906
5494
*
*
*
*
*
*
*
*
*
*
*
*
*
Number &
Percent
Answered
316
38
192
429
4
*
14
39
65
218
127
138
103
11
106
196
287
72
193
*
28
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
10.2%
1.2%
6.2%
13.8%
0.1%
0.5%
1.3%
2.1%
7.0%
4.1%
4.5%
3.3%
0.4%
3.415
6.3%
9.3%
2.3%
6.2%
Number &
Percent
Granted
42
5
31
49
o
5
3
14
52
26
19
17
o
16
36
37
12
28
0.9%
0.0%
9.4%
0.4%
3.5%
1.2%
2.5%
73
3
7
5
10
3099 100.0%
496
1
291
11
107
37
76
Wrong level
Re-submit
Other
page: 1 of 1
6
o
13.3%
13.2%
16.1%
11.4%
0.0%
35.7%
7.7%
21.5%
23.9%
20.5%
13.8%
16.5%
0.0%
15.1%
18.4%
12.9%
16.7%
14.5%
21.4%
0.0%
25.1%
27.3%
6.5%
13.5%
13.2%
N/A
16.0%
100.0%
32(
5.0%)
7(
1.1%)
125( 19.4%)
"'::31:e ...;~ :-eaues'C: 87/16/9]
.3urnmarv E='2rl.od:
22Mar93 thru
~Jurnber - 0 f Honths Found: '
ADMINISTRATI\'E REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
:hd-Atlan'Clc Regl.on. . . .
Insc.:. -:'.1'Clon Securl. ty Leve l. :
:1
1
A
~egl.on:
:·fXR
-TAL ;JumDer of Inmates:
"Inmaces :~ Population I~xcl~dlng r.oldovers and in-transits):
Innaces :~ Holdover stat~s:
* *
..
*
*
*
*
*
'*
...
'*
Filed DurIng Period:
Answered DU=l.nq Period:
Answered On Time:
Average r:ne for Response:
320
J60
358
':6.58
*'
*
(
*
*
*
Classl.ricatn
Non-mall Com
Corom Prgms
Staff
Control Unit
Appeals
.datn/Rec
Inst Operatn
Inst Program
Legal
.~/Restrnt
Number St
Percent
Subml.tted
]5
7
27
40
0
125
5
1
22
3
22
5
1
8.1%
1.6%
6.3%
9.3%
0.0%
29.1%
1.2%
0.2%
5.1%
0.7%
5.1%
1.2%
0.2%
*
* * * * *
S
1.2~
Transfer
UDC Actions
Visiting
Work Assign
16
27
4
18
3.7%
6.3%
0.9%
4.2%
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
0
0
31
0
19
7
10
0.0%
0.0%
7.2%
0.0%
4.4%
1.6%
2.3%
SPt:!~
nuu:::..4uy
TOTALS:
430 100.0%
% of Submitted:
100.0%
% of Answered:
~eJec'Ced
Number &
Percen'C
Filed
l.8~
3
8
1
4
8.2%
7.3%
0.9%
3.6%
7
19
3
14
7.8%
1.6%
7.8%
8.8%
0.0%
29.7%
0.9%
0.3%
5.9%
0.9%
5.3%
0.9%
0.3%
0.9%
2.2%
3.9%
0.9%
4.4%
0
0
11
0
2
4
1
0.0%
0.0%
10.0%
0.0%
1.8%
3.6%
0.9%
0
0
20
0
17
3
9
0.0%
0.0%
6.3%
0.0%
5.3%
0.9%
2.8%
3.1%
2
1. 8%
1. 8%
12
0
30
2
0
3
0
5
2
0
10.9%
0.0%
27.3%
1.8%
0.0%
2.7%
0.0%
4.5%
1.8%
0.0%
2
9
* * *80
0
99.4%)
days
Number &
?ercen'C
1.0
2
12799
12633
166
*
Pending at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDm<JN
20Jun93
110 100.0%
25.6%
25
5
25
28
0
95
3
1
19
3
17
3
1
320 100.0%
74.4%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
REMEDIES RESOLVED
Number &
Percent
Answered
24
5
30
36
0
114
2
1
21
20
2
1
6.7%
1.4%
8.3%
10.0%
0.0%
31.7%
0.6%
0.3%
5.8%
0.8%
5.6%
0.6%
0.3%
Number &
Percent
Granted
8
2.2~
8
17
2
20
2.2%
4.7%
0.6%
5.6%
3 12.5%
0
0.0%
0
0.0%
4 11.1%
0
0.0%
15 13.2%
1
50.0%
0
0.0%
5
23.8%
0
0.0%
1
5.0%
0
0.0%
1 100.0%
1
12.5%
0
0.0%
7
41.2%
0
0.0%
2 10.0%
1
0
19
0
17
2
7
0.3%
0.0%
5.3%
0.0%
4.7%
0.6%
1.9%
0
0
15
0
3
1
0
0.0%
0.0%
78.9%
0.0%
17.6%
50.0%
0.0%
360 100.0%
59
NIA
3
100.0%
16.4%
Re~son
for Rejection:
imely
.informal resolution
achments
KI/SSS
e
13( 11.8%)
O(
0.0%)
10( 9.1%)
7/16/1993 9:20 BOP-O
Wrong level
Re-submit
other
page: 1 of 6
41( 37.3%)
O(
0.0%)
4(
3.6%)
::;'ate ar
:-eques~:
':'-:'/16/9:3
.summary Period:
22Mar93 thru
~umber of Months Found: 3
.;DMINISTRATP:E REMEDIES TRACKING DATA
~EGIONAL OFFICE APPEALS FOR:
~lorth Central Region . .
_ s t i ":ution Secur i
;;urnber
4tTOTAL
Ir.ma~es ~~
.....
..
Leve 1 :
~egion:
~l/A
NCR
of Inma~es:
Population :excludinq holdovers and in-transits):
Holdover sta~us:
Inrna~es
* * .,
~'/
..
*
"
*
.,.
..,
..,
..,
391
411
408
Filed Durina Period:
Answered During Period:
Answered On Time:
Averagefime for Response:
~9.0J
Overdue:
(
Percen~
::<eJected
::lass~fica~n
Non-rna~l Com
o;jO
':'0.3%
:..3
4
1
Corom Prqms
Staff
Control Unit
DHO Appeals
r ::itnjRec
27
54
0.7%
4.6%
9.3%
0.5%
24.4%
0.3%
2.1%
2.2%
4.5%
5.2%
2.8%
0.2%
3.4%
1 s t Operatn
Inst Program
Legal
1'1
~hjRest~nt
ec Hous~ng
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
'_, . 5 %
0.5%
tS.3%
..L.l.
5.8%
20
15
0
6
7.9%
0.0%
3.2%
0
3
34
2
14
7
9
0.0%
0.5%
5.9%
0.3%
2.4%
1.2%
1.5%
0
2
11
0
4
2
3
0.0%
1.1%
5.8%
0.0%
2.1%
1.1%
1.6%
0
1
23
2
10
5
6
5
1
11
10
3
0
2
Reason for Rejection:
Untimely
informal resolution
.ichments
36( 18.9%)
0.5%)
1(
52( 27.4%)
4t
3
6.2~
0
52
1
2
190 100.0%
32.7%
KI/SSS
42
7.1%
0.9%
3.4%
3
142
2
12
13
26
30
16
1
20
36
41
12.1%
0.0%
27.4%
0.5%
1.1%
0.5%
5.8%
5.3%
1.6%
0.0%
1.1%
TOTALS:
581 100.0%
% of Submitted:
100.0%
% of Answered:
e
Number &
Percent
Filed
15
31
3
90
1
10
12
15
20
13
1
18
25
26
5
14
12
23
7/16/1993 9:20 BOP-O
0
99.3%)
days
Number St
Number Ei
Percent
Submittea
10498
10273
225
* * *at * End* of* * * * * *
* * Pending
Period:
95
REMEDIES INITIATED
SUBJECT
BREAKDOt-m
20Jun93
10.7%
0.8%
3.8%
7.9%
0.8%
23.0%
0.3%
2.6%
3.1%
3.8%
5.1%
3.3%
0.3%
4.6%
6.4%
6.6%
1.3%
3.6%
0.0%
0.3%
5.9%
0.5%
2.6%
1.3%
1.5%
391 100.0%
67.3%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
40
5
17
33
2
106
2
9
14
16
20
13
1
17
17
26
7
16
9.7%
1.2%
4.1%
8.0%
0.5%
25.8%
0.5%
2.2%
3.4%
3.9%
4.9%
3.2%
0.2%
4.1%
4.1%
6.3%
1.7%
3.9%
2
0
0
1
0
0
0
0
0
1
2
0
0
0
0
0
0
0
5.0%
0.0%
0.0%
3.0%
0.0%
0.0%
0.0%
0.0%
0.0%
6.3%
10.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1
1
23
2
13
5
5
0.2%
0.2%
5.6%
0.5%
3.2%
1.2%
1.2%
0
0
0
0
1
0
1
0.0%
0.0%
0.0%
0.0%
7.7%
0.0%
20.0%
411 100.0%
8
N/A
Wrong level
Re-submit
Other
page: 4 of 6
100.0%
1.9%
17( 8.9%)
1( 0.5%)
34( 17.9%)
Ja'Ce
'"'~
reques'C: .:-:-
Summary Period: 22Har93 thru
Number of Months Found: ~
,~!JMINIS-=-::'~TIVE REMEDIES TRACKING DATA
~EG~vNAL OFFICE APPEALS FOR:
~ou~~ Eas'C Region. " " .
':6/93
• s'Cl. "::.l'Cion Secur: ":":" Le'/e.!.:
Region: SER
TOTAL ;:umber or :::::na'Ces:
_rnma 'Ces in Popula'Clon : ':xc':' :..!oinq holdovers and in-transits):
inma'Ces in Holdover St3'C~S:
* *
'"
*
*
*
...
*
*
Filed During Per10d:
Answered Dur1r.g Per1od:
Answered On Time:
Average Time tor Response:
*
*
*
*
254
237
236 ( 99.6%)
*
*
*
Class1rica'Cn
Non-ma1l Com
Comm Prgms
Staff
Control Unit
OW' Appeals
.t
T
~tn/Rec
Operatn
Inst Program
Legal
~l
.h/Rest~nt
Spec Hous1ng
'rranster
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
~eJected
__ • ~"
I ',J
:"0
J.6%
6.9%
oJ
23
18
o
106
4
o
10
4
16
10
o
2
.:!u
23
6
5
2
o
10
o
19
4
9
&
?ercent
2
Number &
Percent
Filed
3.0%
0.0%
0.6%
o
2
o.u%
6
7.'1%
14
6.9%
1.8%
1.5%
7
1
9.0%
1.3%
0.0%
16
6
4
5.4%
o
).0%
31. 9%
1. 2%
0.0%
J.O%
1.2%
28
1
o
3
1
~.8%
1
2
o
o
o
0.6%
0.0%
3.0%
0.0%
5.7%
1.2%
2.7%
Reason for Rejection:
Untimely
informal resolution
eachments
2
o
3
o
1
0.0%
0.0%
2.6%
0.0%
3.8%
0.0%
1.3%
78 100.0%
23.5%
5(
6.4%)
0.0%)
31( 39.7%)
O(
7/16/1993 9:20 BOP-O
*
*
* * * *94
0
REMEDIES RESOLVED
*
:'2.8%
0.0%
7.7%
5.1%
0.0%
35.9%
1.3%
0.0%
3.8%
1.3%
1.3%
2.6%
0.0%
2.6%
TOTALS:
332 100.0%
% of submitted:
100.0%
% of Answered:
KI/SSS
~.fumber
29
*
days
':7.45
Number [,
Percen'C
Subm1'C'Cea
*
12562
11763
799
Pending at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
::OJun93
29
2
17
14
o
78
3
o
7
3
15
8
o
o
5
5
2
o
8
o
16
4
8
11.4%
0.8%
6.7%
5.5%
0.0%
30.7%
1.2%
0.0%
2.8%
1.2%
5.9%
3.1%
0.0%
0.0%
:>.!)%
6.3%
2.0%
2.0%
0.8%
0.0%
3.1%
0.0%
6.3%
1.6%
3.1%
254 100.0%
76.5%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
'Ir
*
*
*
*
*
*
*
*
*
*
**
*
*
Number &
Percent
Answered
24
2
16
16
o
70
2
1
10
4
20
3
o
o
.14
6
3
6
10.1%
0.8%
6.8%
6.8%
0.0%
29.5%
0.8%
0.4%
4.2%
1.7%
8.4%
1.3%
0.0%
0.0%
~.~%
2.5%
1.3%
2.5%
Number &
Percent:
Granted
2
o
2
1
o
9
1
o
2
o
2
o
o
o
1
o
o
3
o
o
2
o
1
o
8.3%
0.0%
12.5%
6.3%
0.0%
12.9%
50.0%
0.0%
20.0%
0.0%
10.0%
0.0%
0.0%
0.0%
7 • .1%
0.0%
0.0%
50.0%
0.8%
0.0%
4.2%
0.0%
6.3%
1.3%
4.2%
1
0.0%
0.0%
20.0%
0.0%
6.7%
0.0%
10.0%
237 100.0%
27
N/A
2
o
10
o
15
3
10
Wrong level
Re-submit
Other
page: 3 of 6
100.0%
11.4%
2(
2.6%)
0.0%)
9( 11.5%)
o(
~3te
c:
=2aues~:
Summary Per10d: :2Mar93 t~ru
Number of Months Found: ]
,~DMINIS:RATI'.·E REMEDIES TRACKING DATA
;EG~G~AL OFFICE APPEALS FOR:
~lor-.:h Eas~ Region.
. . .
87/16/93
~;/A
estlt:1tlon Secur1ty Level:
Region: NER
-OTAL :lunoer of Inma~es:
tlrnmates in Population (excluding holdovers and in-transits):
Inmates l~ Holdover Status:
":
*
""
*
*
*
*
..
*
*
?iled During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
*
*
*
*
268
274
:73 ( 99.6%)
':0.78 days
*
*
Percen~
Number
Number &
?ercent
Submi~tea
~eiected
&
h/Restrnt
pec Housing
Transfer
UDC Actions
7isiting
~'lork Assign
27
1
22
37
1
118
0
8
10
22
21
9
0
4
15
13
2
11
7.5%
0.3%
6.1%
10.3%
0.3%
32.9%
0.0%
2.2%
2.8%
6.1%
5.8%
2.5%
0.0%
1.1%
4.2%
3.6%
0.6%
3.1%
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
1
0
18
0
7
7
5
0.3%
0.0%
5.0%
0.0%
1.9%
1.9%
1.4%
:lassliicatn
Com
Comm Prgms
Staff
Control Unit
DHn Appeals
r ltn/Rec
~on-mall
. t Operatn
Inst Program
Legal
11
359 100.0%
TOTALS:
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
Untimely
;.nformal resolution
.lchments
e
KI/SSS
e
'J
0
6
L7
0
17
0
2
2
6
8
)
0
0
Ij
:)
* * * * * * * * *62
0
2
0
0
7
0
1
2
1
<5.6%
0.0%
6.6%
18.7%
0.0%
18.7%
0.0%
2.2%
2.2%
6.6%
8.8%
0.0%
0.0%
0.0%
8.8%
6.6%
0.0%
2.2%
21
1
16
20
1
101
0
6
8
16
13
9
0
4
7
2
9
7.8%
0.4%
6.0%
7.5%
0.4%
37.7%
0.0%
2.2%
3.0%
6.0%
4.9%
3.4%
0.0%
1.5%
2.6%
2.6%
0.7%
3.4%
0.0%
0.0%
7.7%
0.0%
1.1%
2.2%
1.1%
1
0
11
0
6
5
4
0.4%
0.0%
4.1%
0.0%
2.2%
1.9%
1.5%
91 100.0%
25.3%
5( 5.5%· )
1( 1.1%)
44( 48.4%)
7/16/1993 9:20 BOP-O
Number &
Percent
Filed
7
12094
11651
443
Pending at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
20Jun93
268 100.0%
74.7%
*
*
*
*
*
*
*
*
*
*
*
*
*
*;.:
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
o
REMEDIES RESOLVED
Number &
Percent
Answered
23
2
14
22
0
107
0
5
7
9
13
11
0
1
7
5
9
8.4%
0.7%
5.1%
8.0%
0.0%
39.1%
0.0%
1.8%
2.6%
3.3%
4.7%
4.0%
0.0%
0.4%
2.6%
2.6%
1.8%
3.3%
1
0
14
0
8
4
5
0.4%
0.0%
5.1%
0.0%
2.9%
1.5%
1.8%
7
274 100.0%
Wrong level
Re-submit
Other
page: 2 of 6
Number &
Percent
Granted
1
0
0
0
0
12
0
0
0
0
0
0
0
0
1
2
1
0
4.3%
0.0%
0.0%
0.0%
0.0%
11.2%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
14.3%
28.6%
20.0%
0.0%
1 100.0%
0
0.0%
0
0.0%
0
0.0%
0
0.0%
0
0.0%
0
0.0%
18
100.0%
N/A
6.6%
4(
4.4%)
0.0%)
14( 15.4%)
O(
LITIGATION - 1993 THIRD QUARTER REPORT
LOC
NUM
HC
MXR
32
8
NCR
72
NER
SET
21
4
1
573
40
0
0
57
267
46
3
4
$3,600
3
50
224
30
7
0
$313
19
10
73
--
29
3
0
0
9
26
9
--
627
17
20
1
0
3
5
8
100
12
0
0
204
1944
37
6
PEN
BIV
OTH
5
17
2
16
153
22
12
24
14
--
59
15
7
30
7
SCR
69
31
4
31
SER
73
41
3
WXR
66
22
CO
11
4
382
143
TOT
AWD
HIT
ANS
FTC
40
150
50
CLD
195
$10,000
0
$79,615
0
$93,528
DEFINITIONS
NIA
LOC
NUM
HC
FTC
BIV
OTH
ANS
PEN
CLD
HIT
SET
AWD
-
Not Available - no method for tracking this information
Location
Total Number of Lawsuits Filed in Quarter
Number of Habeas Corpus Actions Filed in Quarter
Number of FTCA Actions Filed in Quarter
Number of Bivens Actions Filed in Quarter
Other Actions Filed in Quarter
Number of Litigation Reports Completed
Number of Actions Pending
Number of Actions Closed
Number of Hearings or Trials (Narrative Analysis Follows)
Number of Settlements (Narrative Analysis Follows)
Amount of Awards
LITIGATION ANALYSIS
The number of lawsuits filed in the third quarter increased by 52
over the previous quarter, with 330 filed in the second quarter .
and 382 filed in the third quarter. The amount of monetary
damages awarded in this quarter was greater than in the previous
quarter, with $93,528 in the third quarter and $57,049 in the
second quarter.
B7\SBARBDOC\L%TBRHCB\3RDQTR.STT
•
OFFICE OF GENERAL COUNSEL
QUARTERLY REPORT
FOURTH QUARTER 1993
•
•
•
ADMINISTRATIVE CLAIMS
1993 FOURTH QUARTER REPORT
JULy 1, 1993 THROUGH SEPTEMBER 30, 1993
LOC
NUM
PROP
PI
APPR
AMT
OD
Alo
AlP
162
121
41
17
814 . 92
265
14
93
130
NER
216
135
81
11
913
87
289
6
9
129
SER
167
139
28
20
618
92
263
61
**
134
NCR
167
118
49
31
2,620
67
183
6
40
100
SCR
212
174
38
1
879
114
274
4
4
150
WXR
162
138
24
51
348
13
321
59
**
**
61
32
29
55
15,202
0
6
1
12
12
1147
TOT
DEFINITIONS
857
290
186
21,394
465
1601
151
32
111
-
LOC - LOCATION
NOM - NUMBER FILED IN QUARTER
PROP - PROPERTY CLAIM
PI - PERSONAL INJURY C~IM
APPR - APPROVED
AMT - AMOUNT APPROVED
e
PEND
MXR
CO
e·
DEN
DEN - DENl:ED
PEND - PENDING
OD - NUMBER OVERDUE
AIO - AVERAGE NUMBER OF DAYS OVERDUE
Alp - AVERAGE LENTH OF TIME TO PROCESS
NIA - DATA NOT AVAILAB~E
~
ADMINISTRATIVE CLAIMS
1993 FOURTH QUARTER REPORT
JULy 1, 1993 THROUGH SEPTEMBER 30, 1993
LaC
PROP
PI
APPR
AMT
DEN
PEND
aD
Alo
Alp
MXR
162
121
41
17
814
92
265
14
93
130
NER
216
135
81
11
913
87
289
6
9
129
SER
167
139
28
20
618
92
263
61
**
134
NCR
167
118
49
31
2,620
67
183
6
40
100
SCR
212
174
38
1
879
114
274
4
4
150
WXR
162
138
24
51
348
13
321
59
**
**
61
32
29
55
15,202
0
6
1
12
12
1147
TOT
DEFINITIONS
857
290
186
21,394
465
1601
151
32
111
Alo
Alp
co
•
NOM
LOC - LOCATION
NTJM - NUMBER FILED IN QUARTER
PROP - PROPERTY CLAIM
PI - PERSONAL INJURY CLAIM
APPR - APPROVED
AMT - AMOUNT APPROVED
DEN - DENIED
PEND - PENDING
OD - NUMBER OVERDUE
A/O - AVERAGE NUMBER OF DAYS OVERDUE
AlP - AVERAGE LENTH OF 'IIME TO PROCESS
N/A - DATA NOT AVAILABLE
ADMINISTRATIVE CLAIMS
1993 THIRD QUARTER REPORT
APRIL 1, 1993 THRU JUNE 30, 1993
LOC
•
NOM
PROP
PI
APPR
AMT
DEN
PEND
OD
MXR
212
135
69
14
1,980
73
243
8
64
111
NER
154
123
31
27
5,469
40
222
0
0
94
SER
114
101
13
0
0
43
216
19
**
121
NCR
168
123
45
16
326
38
145
0
0
81
SCR
183
149
33
1
0
25
278
1
1
83
WXR
138
106
32
64
10,621
70
370
154
**
**
42
24
18
30
6,378
1
11
0
0
12
1011
761
241
152
24,774
282
1485
182
13
83
CO
TOT
•
LITIGATION STATISTICS FOR FOURTH QUARTER, 1993
LaC
NOM
He
FTC !BIV
I
MXR
55
28
5
NCR
59
26
NER
78
SCR
51
I
om
ANS
PEN
CLD
HIT
SET
AWD
20
2
61
169
39
5
1
7
24
2
--
533
42
--
--
0.00
23
12
31
12
48
30
48
6
3
0.00
23
5
I 21
2
38
168
56
4
1
0.00
I
10,000
SER
48
19
3
19
7
48
--
74
1
0
0.00
WXR
31
18
0
12
1
--
651
24
--
0
0.00
co
12
4
2
2
4
4
110
3
1
0
0.00
325
139
17
5
I
I
TOT
32 1127
27
198
1554 286
$10,000
DEFINITIONS
•
N/A
LaC
NOM
HC
FTC
BIV
aTE
ANS
PEN
CLD
HIT
SET
AWD
- Not Available - no method for tracking this information
Location
- Total Number of Lawsuits Filed in Quarter
- Number of Habeas Corpus Actions Filed in Quarter
- Number of FTCA Actions Filed in Quarter
- Number of Bivens Actions Filed in Quarter
- Other Actions Filed in Quarter
- Number of Litigation Reports Completed
- Number of Actions Pending
- Number of Actions Closed
- Number of Hearings or Trials (Narrative Analysis Follows)
- Number of Settl~ents (Narrative Analysis Follows)
- Amount of Awards
LITIGATION ANALYSIS
The number of lawsuits filed in the fourth quarter decreased by
57 over the previous quarter, with 325 filed in the fourth
quarter, and 382 filed in the third quarter. The amount of
monetary damages awarded in this quarter was less than in the
previous quarter, with $10,000 in the fourth quarter, and $93,528
in the third quarter •
•
•
1993 QUARTERLY LITIGATION REPORT
FOURTH QUARTER
I.
HEARINGS AND TRIALS
MID-ATLANTIC REGION
Washington. et ale v. Reno. et al., Eastern District of Kentucky
Plaintiffs, inmates at FMC Lexington, filed this lawsuit alleging
that
the
Inmate
Telephone
System
(ITS)
violates
their
constitutional rights.
On July 9, 1993, the court stayed
implementation of the ITS at FMC Lexington.
On August 18, 1993,
the court ordered the Bureau to extend, for 60 days, the period for
comment on the ITS rule.
The court expanded the temporary
injunction and enjoined the Bureau of Prisons from implementing the
ITS system unless collect calls are also available in each housing
unit and enjoined use of the commissary fund to pay for the ITS.
The government is now considering whether this order is appealable
and whether a stay of this order can be obtained.
NORTH CENTRAL REGXON
•
Howard v. united States of America, District of Colorado
In this action for compensatory, punitive, and injunctive relief,
the plaintiff sought an order compelling FCI staff to provide him
time and space at the facility to perform the rituals of the Church
of Satan.
Plaintiff asserted that he has been a member of the
Church of Satan since 1987 and that the institutions' refusal to
allow him to practice his religion is a violation of his
Constitutional rights arising under the First Amendment.
The
government's motion for summary judgment and Plaintiff's crossmotion for summary judgment were denied on August 31, 1993.
A
hearing is scheduled on October 8, 1993.
NORTHEAST REGION
u.s.
•
v. Hillstrom, Middle District of Pennsylvania
In u. S. v. Hillstrom, 988 F. 2d 448 (3d Cir. 1993), the Third
Circuit remanded this sentencing guideline case for additional
information concerning the nature of Federal Prison Camp
Allenwood.
Defendant Carl Hillstrom escaped from FPC Allenwood in
October 1990 by walking away from a work detail off the main
compound of the camp.
He was apprehended in November 1991. The
sentencing guidelines provide the base offense level for such an
escape.
The issue was whether Hillstrom was entitled to a
reduction in the base offense level because the escape was from the
1
•
non-secure custody of a eec or "similar facility" as opposed to a
secure facility. The sentencing Judge held that FPC Allenwood was
not similar in nature to a CCC. The Third Circuit agreed that FPC
Allenwood is not sufficiently similar to the pre-release component
of a ecce
The Third Circuit, however, found that the sentencing
judge did not consider whether FPC Allenwood was sufficiently
similar to the community corrections component of a CCC.
The
Third Circuit remanded with instructions to the district court to
consider this question.
The hearing was held, but a decision has
not yet been reached.
In re Friedlander, Eastern District of New York
,Inmate Harry Friedlander filed a petition for mandamus requesting
Kosher food at FPC Allenwood. For medical reasons, FPC Allenwood
agreed to provide a medical, nutritious diet which comported with
the inmate's religion.
The inmate then filed a motion to compel
compliance alleging that the lack of variety and the lack of warm
meals violated the spirit of the agreement. A hearing was held on
August 13, 1993 and the Judge recommended that the inmate's motion
be denied. The petition for mandamus was dismissed.
united states v. Gonzalez, Southern District of New York
•
The plaintiff in this case challenged the authority of the Bureau
of Prisons to require those placed in CCC's to provide sUbsistence
payments to the institution when employed outside the CCC.
The
plaintiff's motion was denied. The Judge implied that the Bureau's
authority to impose such payments on a probationer is derivative of
the Sentencing Judge's authority to impose those conditions on
probationers.
SOUTH CENTRAL REGZON
Henthorn v. Hester, western District of Tennessee
The plaintiff filed this Bivens action alleging he was homosexually
fondled by FPC Millington Correctional Officer Michael Hester. A
Motion for Summary Judgment/Motion to Dismiss was denied.
The
Judge believed that the defendant may, in fact, have been acting in
accordance with normal and permissible procedures and that such
procedures may include touching of genitalia while conducting a
search.
Because of this, the Judge stated that she would
reconsider the motion for summary judgment if the defendant
submitted an affidavit explaining what procedures he used while
patting down plaintiff during the search(es) complained of.
Such
affidavits were filed and it is anticipated that this case will be
dismissed.
t·
2
•
SOUTHEAST REGION
Mitchell v. United States Department of Justice, Northern District
of Georgia
An employee at USP Atlanta
filed a complaint
alleging
discrimination. He claimed that the administration placed him on
home duty status based solely on the allegation of a white officer.
This officer alleged that Mr. Mitchell threatened him with a weapon
while on duty in the tower. On August 9, 1993, a trial was held on
the merits of the case. A decision has not yet been announced.
WESTERN REGION
Ajala v. united states Parole commission,
the Ninth Circuit
•
u.s.
Court of Appeals for
An American citizen who was convicted of importation of heroin in
England was transferred to the united states to serve her sentence.
The united states Parole Commission calculated her sentence, taking
into account good time credit and jail time credit.
The inmate
contested the accurr..cy of the sentence calculation.
The Ninth
Circuit held for the inmate because the law in the Ninth Circuit
indicates that the United states Parole Commission should calculate
the inmate's sentence, but the Bureau of Prisons should calculate
the good· time credit and jail time credit. The region is awaiting
the outcome of a si~ilar case recently heard in the United states
Court of Appeals for the Tenth Circuit in order to determine how to
advise ISM's to proc·:!ed with treaty transfer sentence computations
in the future.
Fraley v. Bureau of Prisons. et al., United states Court of Appeals
for the Ninth Circuit
•
The plaintiff, Fraley, had been placed on "house arrest.. for 7
months prior to her trial. At sentencing, she received a ten month
prison term with two years supervised release.
The Bureau of
Prisons did not award Fraley jail time credit for the time she
spent on house arrest because it did not comport wi th Bureau
policy. Fraley argued that house arrest was comparable to official
detention under 18 USC § 3585. In the alternative, the plaintiff
raised an equal protection argument.
She argued that she was
similarly situated to post-conviction inmates who are sent to CCC's
to complete their sentences. The fact that post-conviction inmates
get sentence credit for time in CCC's and those detained pre-trial
do not get credit constitutes the violation of equal protection.
The Ninth Circuit disagreed with the plaintiff on both theories and
held both that house arrest is more like third party custody than
official detention.
The Court also indicated that a decision
whether or not to award credit to post-conviction inmates is that
of the Attorney General and the Bureau of Prisons.
3
•
Alexander v. Perrill, District of Arizona
Plaintiff brought a habeas corpus action claiming that he had not
received the foreign jail time credit to which he was entitled.
The plaintiff's claim was successful and his immediate release was
ordered. This decision was not appealed. The inmate then fi1ed a
Bivens suit against BOP staff contending that his sentence
recalculation resulted in his late release from custody. The Court
refused to grant Warden Perrill and ISM Rivera qualified immunity
and this decision was upheld by the Ninth Circuit on appeal.
The
case was remanded to the District Court. The only issue remaining
is that of damages.
Robinson v. Sivley, District of Arizona
This case raised the question of whether inmates housed within the
Ninth Circuit are to be given jail time credit according to the law
of that circuit or the circuit in which they were sentenced.
The
Court ruled that the appropriate forum for deciding a jail time
credit issue is the jurisdiction which has the "body" because the
issue of credit arises during the execution of the sentence.
We
will recommend appeal if we are supported by the Solicitor General.
CENTRAL OFI'XCB
•
Lampkin v. U.S., District of Columbia
The plaintiff, a former federal inmate, alleged that he did not
receive proper medical treatment for an injury to his Achilles
tendon while he was at USP Lewisburg in 1989.
The plaintiff
sustained the injury while at the Alexandria Detention Center. He
was transferred to USP Lewisburg where a physicians' assistant
diagnosed him as having acute tendinitis, or a strain or
inflammation of the Achilles tendon.
When the plaintiff was
transferred to FCI Morgantown nearly two weeks later, i t was
discovered that he had a ruptured Achilles tendon.
The case went to trial on August 9, 1993.
The plaintiff claimed
that the government breached a duty to provide timely medical
treatment; specifically, that the physicians' assistant should have
referred Mr. Lampkin to a physician for diagnosis. The Alexandria
Detention center settled a separate action for $25,000 prior to the
plaintiff filing this suit.
II. SETTLEMENTS AND AWARDS
HID-ATLANTXC RBGXON
Bevans v. united states, Eastern District of Pennsylvania
•
4
•
In this FTCA case, the plaintiff claimed he was entitled to $50,000
because the Bureau failed to provide medical services during his
pre-designation status at Petersburg, Atlanta and Lewisburg.
An
arbitration panel met on September 22, 1993, and awarded $10,000 to
the plaintiff.
Essentially, the Panel found that the plaintiff's
statements were believable, that he had complained of various 7
severe symptoms and that his complaints had been unanswered. ~
The plaintiff did receive a physical exam once he was designated to
FC! Morgantown in April 1990. We have recommended to the Office of
General Counsel that we do not appeal this case.
We believe the
violation of policy is likely to come out at trial, and risk a
higher award.
NORTHEAST REGION
Pullman v. United states, Eastern District of New York
•
This wrongful death/FTCA case was brought by the estate of former
inmate S. Frederick Pullman who died at FCI otisville in May 1988.
A trial was scheduled to commence on August 24, 1993. On the eve
of trial, the Judge conferred with counsel and pressed for
settlement. The evidence showed that medical treatment was delayed
for at least a 25 minutes after Pullman showed signs of a heart
attack. In addition, deposition testimony of the officer who first
alerted the medical staff of the emergency was quite damaging.
Prior to incarceration, Pullman was an oral surgeon. He expected
to resume his practice upon release.
The case was settled for
$300,000.
SOUTH CENTRAL REGZON
Williams v. united states, Western District of Tennessee
The plaintiff, seventy-one year old James Perry Williams, filed
this FTCA case alleging negligence on the part of the medical staff
at FC! Memphis.
The plaintiff claimed that the medical staff was
negligent when i t transported him to the Health Services unit from
the Recreation Yard in a golf cart type ambulance without fastening
his seatbelt. When the cart went around a corner, the cart hit a
flower bed and the plaintiff was· thrown from the cart. Perry does
not appear to have any permanent injuries; however, compensation
for pain and suffering may be appropriate. Perry is represented by
counsel.
The Assistant u.s. Attorney is preparing to propose a
settlement of $7,500.00.
Plaintiff agreed to B. settlement of
$5,000.00.
A stipulation for Comprise Settlement has been
forwarded to plaintiff's attorney for approval.
•
WESTERN REGION
5
•
Sisneros v. Harrison et. al., District of Colorado
A female inmate in Phoenix claimed she was sexually assaulted by a
male correctional officer.
Our investigation sUbstantiated her
allegations. The correctional officer was fired and the case was
referred to the united states Attorney's Office in Phoenix for
prosecution. The Office declined to prosecute.
The inmate filed
a Bivens/FTCA suit. Department of Justice representation was not
authorized for the correctional officer.
The Court denied the
Bureau's motion for summary judgment. We have agreed to settle for
$85,000 •
•
•
H:\sharedoc\litbrnch\4THQTR.RPT
6
•
LITIGATION - 1993 FOURTH QUARTER REPORT
JULy 1, 1993 THROUGH SEPTEMBER 30, 1993
FTC
BIV
OTH
ANS
28
5
20
2
61
78
23
12
31
12
SER
48
19
3
19
NCR
59
26
7
SCR
51
23
WXR
31
CO
LOC
NOM
MXR
55
NER
TOT
He
CLD
HIT
SET
169
39
5
1
48
30
48
6
3
0
7
48
--
74
1
0
0
24
2
--
533
42
--
--
0
5
21
2
38
168
56
4
1
0
18
0
12
1
--
651
24
--
0
0
12
4
2
2
4
4
110
3
1
0
0
325
139
32 1127
27
198
1554
286
17
5
PEN
AWD
$10,000
$10,000
DEFINITIONS:
•
N/A
LOC
NUM
HC
FTS
BIV
-
ANS
PEN
CLD
HIT
SET
AWD
-
om -
Not Available - no method of tracking this infor.mation
Location
Number of Total I,awsuits Filed in Quarter
Number of Habea3 Corpus Actions Filed
Number of FTCA Actions Filed
Number of Biven.;! Actions Filed
Other Actions F i~.ed
Number of Litigation Reports Completed
Pending
Number of Actio~~ Closed
Number of Heari1lgs or Trials (Narrative analysis follows)
Number of Settlements (Narrative analysis follows)
Amount of Awards
LITIGATION - 1993 THIRD QUARTER REPORT
APRIL 1, 1993 THROUGH JUNE 30, 1993
•
FTC
BIV
om
ANS
8
5
17
2
16
153
59
15
7
30
7
57
SER
73
41
3
19
10
NCR
72
22
12
24
SCR
69
31
4
WXR
66
22
CO
11
382
LOC
NOM
MXR
32
NER
TOT
AWD
H/T
SET
21
4
1
$10,000
267
46
3
4
$ 3,600
73
N/A
29
3
0
0
14
N/A
573
40
0
0
0
31
3
50
224
30
7
0
$
9
26
9
N/A
627
17
20
1
$79,615
4
0
3
5
8
100
12
0
0
143
40
150
50
204
1944
195
37
6
HC
PEN
CLD
313
0
$93,528
•
••
FOIA LITIGATION
QUARTERLY STATISTICS
JULY 1, 1993 - SEPTEMBER 30, 1993
PENDING FOIA CASES = 13
CASES FILED IN LAST QUARTER
=
8
•
\
•
•
•
EEO LITIGATION STATISTICS
July 1, 1993 - September 30, 1993
LOC
NUM
HC
FTC
BIV
OTH
ANS
PEN
CLD
HIT
SE
AWD
MXR
NER
SER
I
NCR
SCR
I
WXR
I
CO
TOT
*Title VII
0
0
0
0
0
0
3
0
0
0
0
•
NARRATIVE (update)
Adnan Niaz Mir v. Federal Bureau of Prisons, No. 92B00225
On July 22, 1993, the Plaintiff filed his responsive statement,
arguing why the court should not dismiss the citizenship status
portion of his suit.
On August 6, 1993, the Defendant filed a
Motion for Summary Decision .
•
•
•
EEO - FOURTH QUARTER REPORT 1993
JULy 1, 1993 THROUGH SEPTEMBER 30, 1993
LOC
NU
MXR
5
.0
0
0
3
a
NER
4
2
0
0
0
SER
8
a
0
7
NCR
5
0
0
SCR
9
3
WXR
11
4
1
1
CO
N
RL
R
R
A
C
FD
2
7
3
a
11
0
2
a
a
11
2
2
12
a
0
4
3
a
a
14
3
a
28
2
0
a
2
1
2
9
6
2
10
2
0
0
0
6
a
18
6
2
17
a
a
a
a
a
7
1
10
1
a
14
3
0
0
a
a
a
a
a
2
2
2
1
a
7
3
21
4
5
71
23
93
7
TOT
43
0
10
NARRATIVE ANALYSIS
•
S
0
S
A/O
P
8
LOC - LOCATION
NO - TOTAL NUMBER OF EEO COMPLAINTS FILED
N - NUMBER OF NATIONAL ORI~IN COMPLAINTS FILED
RL - NUMBER OF COMPLAINTS FILED ALLEGING RELIGIOUS DISCRIMINATION
R - NUMBER OF COMPLAINTS FILED ALLEGING RACIAL DISCRIMINATION
H - NUMBER OF COMPLAINTS FILED ALLEGING HANDICAP DISCRIMINATION
S - NUMBER OF COMPLAINTS FILED ALLEGING SEXUAL DISCRIMINATION
R - NUMBER OF COMPLAINTS FILED ALLEGING REPRISAL
A - NUMBER OF COMPLAINTS FILED ALLEGING AGE DISCRIMINATION
C - NUMBER OF COMPLAINTS COMPLETED BY CENTRAL OFFICE
FD - NUMBER OF COMPLAINTS WITH FINAL DISPOSITION
S - NUMBER OF COMPLAINTS SETTLED
P - NUMBER OF COMPLAINTS PROCESSED
A/O - AVERAGE NUMBER OF DAYS OVERDUE
Alp - AVERAGE NUMBER OF DAYS TO PROCESS
EEO - THIRD QUARTER REPORT 1993
APRIL 1, 1993 THROUGH JUNE 30, 1993
•
R
A
C
PO
7
0
1
5
a
1
17
a
4
a
a
4
1
1
11
a
3
3
1
11
1
2
32
a
2
1
1
2
6
1
19
1
6
1
1
lS
3
4
22
1
1
1
2
1
4
4
1
26
0
1
a
1
a
a
0
a
0
6
1
22
1
24
7
5
41
15
10
133
3
LOC
NO
N
RL
MXR
8
1
0
2
NER
7
0
0
7
SER
9
1
0
1
NCR
4
0
1
SCR
12
5
a
a
8
a
a
a
a
a
WXR
4
0
0
2
CO
1
0
0
45
7
0
TOT
R
D
S
S
A/a
P
•
•
•
EEO QUARTERLY STATISTICS
July 1, 1993 - September 30, 1993
LOC
N
(1)
NO
RL
R
0
S
RP
A
ST
C
(2)
FD
P
(3)
0*1
(4)
I
MXR
5
0
0
0
3
0
0
2
0
7
3
11
0
NER
4
2
0
0
0
2
0
0
2
11
2
12
0
SER
8
0
0
7
0
4
3
0
0
14
3
28
2*
NCR
5
0
0
0
0
2
1
2
2
9
6
10
2*
SCR
9
3
0
0
0
6
0
0
2
18
6
17
0
WXR
11
4
0
0
0
7
0
1
0
10
1
14
3*
1
1
0
0
0
0
0
0
2
2
2
1
0
43
10
0
7
3
21
4
5
8
71
23
93
7
CO
TOT
SEE ATTACHED KEY
•
•
•
KEY
= Number
= Number
= Number
= Number
= Number
= Number
= Number
A = Number
ST = Number
C = Number
FD = Number
N
NO
RL
R
D
S
RP
P =
o -
complaints filed
of complaints filed based on national origin
of complaints filed based on religion
of complaints filed based on race
of complaints filed based on disability
of complaints filed based on sex
of complaints filed based on reprisal
of complaints filed based on age
of complaints settled
of complaints closed by BOP EEO Staff, including settlements
of final agency decisic~s issued by the CAO and/or DOJ dismissals,
cancellations, or rejections
Number of complaints pending under EEO Complaints Section
Number of complaints over 180 days being processed under 1614
(1) Number of complaints filed differs from the bases filed because a complainant may file
on more than on basis.
(2) Number of complaints settled and the number of complaints in which the investigative
files were sent to the complainant by the EEO complaints section.
(3) Number of complaints pending that were under the control of the EEO Complaints section.
Number of complaints in total inventory is 269, which represents the number of Bureau of
Federal Prisons complaints at the Equal Employment Opportunity commission (EEOC) for
hearing, Department of Justice (OOJ) for final agency decision, and in the EEO Complaints
Section.
(4) There were 63 complaints still being processed under the old regulations (1613) that are
over 180 days.
*Extensions were granted by the complainants
•
SETTLEMENTS
FOURTH QUARTER
North
Central
Regi~~
1.
Terms.
The complainant alleged discrimination against the
Federal Correctional Institution, Sandstone, Minnesota based on sex
(female)
and retaliation for being a witness
in an EEO
investigation when she was denied overtime at her convenience;
negative entries were made in her Significant Incident. Log;
derogatory comments were allegedly made about her by the Health
Services Administrator and the Health Services Secretary: and her
duty assignments were not made appropriately. The complaint was
settled on August 17, 1993, prior to a hearing conducted by the
Equal Employment Opportunity Commission (EEOC).
The settlement
agreement provided that FC! Sandstone would hire the complainant as
a GS-6/8, Unit Secretary.
Reason for Settlement.
The complaint
Management Relations (LMR) staff prior
conducted.
•
Ce~t.ra.l
was settled by
to the hearing
Labor
being
Offic::e
1.
Terms.
The complainant alleged that she was discriminated
against because of her sex (pregnancy) when her supervisor
suggested that she find another position; her supervisor advised
her that he was unable to authorize a flexible work schedule for
her, and he did not respond to her written requests for flexiplace, and requests for compensatory time.
The complainant also
alleged that reprisals were taken against her for filing an EEO
complaint when she received a "Fully Successful" performance
evaluation: she was denied administrative leave to work on her EEO
complaint;
and she was denied four months of leave for
maternity/child care.
In her second complaint, the complainant alleged discrimination
based on her sex (female) and reprisals for filing an EEO
complaint, when she received a fully successful rating on elements
2 and 4 on her significant Incident Log (SIL) in August, 1992; a
Fully Successful SIL rating in September, 1992;
when she had to
provide her supervisor a detailed accounting of her work on EEO
matters during the month of October, 1992; and she had to submit
special documentation for her request for leave on October 7, 1992.
•
Both complaints were settled on September 29, 1993, by agreeing to
destroy all of the complainant's Significant Incident Logs; handle
her requests for leave the same as for other staff members: pay the
complainant compensatory damages in the amount of $1,880.00 and
attorneys fees in the amount of $7,000.00.
•
2
Reason for Settlement. Both of these complaints were settled with
the approval of the General Counsel, Acting Assistant Director,
and the Director because there was a possibility that a finding of
discrimination would be made by the Complaint Adjudication Officer
or the Equal Employment Opportunity commission.
North
East
Regi~~
1.
Terms.
The Complainant alleged that he was discriminated
against based on his race (Asian), religion (Christian), sex
(male), national origin (Chinese), and was retaliated against for
participation in the EEO process when he was not selected for a
secretarial position at MCC New York. The complaint was settled on
July 9, 1993, when his SF-50 was changed to reflect resignation
from his position as a GS-6, Correctional Officer, MCC, New York,
rather than termination.
Reason for Settlement.
This complaint was settled by the EEO
Investigator through fact finding/mediation. It was cost effective
to settle' this complaint.
•
S~~th
Ce~t~al
Regi~n
1.
Terms.
A complaint, filed against the Federal Correctional
Institution, Seagoville, Texas, alleged discrimination based on
race (Caucasian) when the complainant received negative entries in
her Significant Incident Log.
The complaint was settled on June
10, 1993, when management agreed to withdraw documentation and
other negative information contained in her performance file, and
to remove all derogatory information from the Official Personnel
File.
Reason for Settlement.
This complaint was settled by the EEO
Investigator
prior
to
the
investigation
through
fact
finding/mediation. It was cost effective to settle this complaint.
•
•
REVIEW STATISTICS REPORT
FROM: 07/01/93
TO: 09/30/93
CO~~RACT
OFFICE OF GENERAL COUNSEL
COMMERCIAL LAW BRANCH.
I
I
No. of Contract Actions Submitted for Review
255
No. of Contract Actions Completed
238
No. of Pending Contracts
17
Average Number of Days To Process
7
Types of Contracts Submitted for Review
•
•
I
ADP
4
IGA
3
A&E
7
SITE PREP
0
cce
47
UTIL
5
CONST
29
OTHERS
159
SUPPLY
1
-
I
Division Generating Contracts
ADM
55
FPI
152
CPD
0
HR~
0
DIR
0
MED
0
PRD
0
OGe
0
IPPA
0
CCD
48
NIC
0
•
L~ITED
FEDERAL BUREAU OF PRISONS
~CT
'Art:
.......
·~ty
.~
STATES GOVERNMENT
MEMOR.A~DUM
,.,..
I d 1993
George E. Pruden,
Deputy Designated
Federal Bureau of
-T
."~:
Ethics Training Conducted for Federal Bureau of Prisons Personnel
~:
Janis A. Sposato, Associate Assistant Attorney General
Justice Management Division
I am pleased to report that Ethics training has been provided to
three-hundred and four (304) employees of the Federal Bureau of
Prisons for the period covering July 1, 1993, to September 30,
1993.
The four (4) trainin9 events (lists of attendees are attached)
included the followlng:
•
(1)
An
Ethics
~:raining
session of one and one quarter (1
1/4) hours was offered to two-hundred and eighty-eight
(288) 8ure~u employees at the National Association of
Blacks in Criminal Justice Conference in Houston, Texas
on July 20, 1993.
(2)
An Ethics and Sexual Harassment training session of two
and one half (2 1/2) hours was offered to six (6)
employees as part of New Employee orientation on July
27, 1993.
(3)
An Ethics and Sexual Harassment training session of two
and one half (2 1/2) hours was offered to six (6)
employees as part of New Employee orientation on August
24, 1993.
(4)
Attachment
•
Ethics and Sexual Harassment training session of two
and one half (2 1/2) hours was offered to four (4)
employees as part of New Employee orientation on
september 21, 1993.
An
•
UNITED STATES GOVERNMENT
MEMORANDUM
FEDERAL BUREAU OP PRtSOHS
(ktober
DATE:
REPLY TO
ATTN OF:
~:
~
1993
J~~'L~~~e~it1tI1n:-Aami~istrator
:National
,
SUBJECT:
22~
~IPA
Inm~
Appeals
- Quarterly Activity Report
Wallace H. Cheney
Assistant Di+ector\General_~unse~l
1!'J,p /" ;:. .:~_\ ur::> 10
Thru: Mike Pearlman and Carolyn a~
We are pleased to provide you with our Quarterly Activity Report in
the area of CRIPA.
JURISDICTIONS CERTIFIED
•
Swan River Correctional Al ternati ve Training Center, Montana Pursuant to our recommendation, the Swan River (Forest Camp),
Montana Department of Corrections,
was granted conditional
certification on September 27, 1993 •
Forsyth
County Jail,
North Carolina
Condi tional
certification was also granted to Forsyth county Jail september 27,
1993 following our recommendation.
Kansas - The Kansas Department of Corrections was granted full
certification on October 15, 1993 pursuant to our recommendation.
PENDING RECOMMENDATIONS
New Mexico - Our recommendation that full certification be
granted to the state of New Mexico Correctional Department was
forwarded to the Department of Justice on October 21, 1993.
APPLICATIONS UNDER REVIEW
Guilford County, North Carolina
The Guilford County
Sheriff's Department submitted a formal application on September
21, 1993. We completed our review on october 19, 1993 informinq
them of modifications needed in their grievance procedure in order
to meet the minimum standards for certification.
Michigan - We continue to provide frequent assistance to the
Michigan Department of Corrections in their certification efforts •
•
•
-2-
Vermont We are awaiting further documentation from the
Vermont Department of Corrections before we can continue with the
certification review process.
Rhode Island - In January, 1993 we advised this jurisdiction
that their application did not meet the minimum standards for
certification. We are maintaining an open file for the remainder
of the year pursuant to their request.
Correspondences
As noted in our last report, we continue to receive letters from
concerned parties regarding various jurisdictions which have been
involved in the certification process. A log is maintained to track
the correspondences, the majority of which are generated by
inmates.
The Colorado Department of Corrections recently advised us that
they will seek a review of their grievance procedure.
strategies
•
We are currently in the process of updating the CRIPA Information
Handbook which is di:;tributed to interested juris,jictions, courts,
and other parties.
The Office of Public Affairs has been very
generous in their assistance.
Attachment
cc:
•
Kathleen M. Hawk
Director
•
•
CRIPA APPLICATIONS UNDER TITLE 28 C.F.R. PART 40
Updated: October 21, 1993
LOCAL & COUNTY PROCEDURES
STATE PROCEDURES
certified
Virginia
Wyoming St Pen
Roanoke Cnty\Salem Jail, VA.
Iowa
Ohio
Nebraska
Portsmouth, VA.
Missouri St Pen
Montgomery Cnty, MD.
Nevada (Cond)
Missouri
Florida
*Kansas (Cond)
Hawaii (Cond)
Dist of Columbia
New York
county of Bucks/PA
Connecticut
Montana
Wyoming
Tennessee
Swan River Forest Camp, MT
Forsyth county, N.C.
Kansas (Full)
12-14-82
06-11-83
01-20-87
01-02-87
09-11-87
09-28-87
11-28-88
07-11-89 Now Jefferson city Cor Cntr
04-04-91
05-20-91 Lapsed
03-20-92 .Other than State Pen
03-25-92
03-27-92
04-17-92 Lapsed
06-12-92
09-28-92
12-08-92 Conditional
01-11-93
01-11-93 Conditional
01-14-93 Conditional
05-26-93
09-27-93 Conditional
09-27-93 Conditional
10-15-93
REVIEW COMPLETED
New Mexico
10-18-93 (Recommended full cert)
Pending Applications
Vermont
Rhode Island
Michigan
Guilford cty, N.C.
InfOrmal Reyiew of Anticipated Agplicant's Grievance
Arkansas
Arkansas (2nd Review)
•
Procedure
-2-
•
•
•
Informal Inquiries
state
Alaska
Arizona
Colorado
Georgia
Illinois
Indiana
Louisiana
Massachusetts
South Carolina
Virgin Islands
Washington
West Virginia
Kentucky
Local
Alachua County, Florida
Caddo Parish, Louisiana
Cook County, Illinois
Dade County, Florida
Fairfax, Virginia
Hennepin County, Minnesota
Marion County, Salem, Oregon
Philadelphia, Pennsylvania
Prairie Correctional Facility, Appleton, MN
Prince Georges County, Maryland
Rappahannock County, Virginia
Sullivan .County, New Hampshire
Frederick county, Virginia
Arlington County, VA
QUARTERLY REPORT - ADMINISTRATIVE REMEDIES
JULY - SEPI'EHBER 1993
Administra~i~e
Remedy data is provided directly from the Key
The first three of the attached reports
show informa~ion on institution filings, regional appeals and
central office appeals aggregated for the Bureau as a whole (BOP All Ins~itutions).
The remaining six reports display, for each
region, aggregate information in regional appeals filed by inmates
in all institutiuns in that region.
Indica~or
(KI/SSS,
sys~em.
Administrative Remedy data for community Corrections is also
provided in Part rI.
Some
observa~~ons
about the data in the attached reports.
o The total number of filings for this quarter showed
decreases a~ all levels as compared to last quarter's
numbers.
Institution filings went from 3,153 to 3,090~
regional appeals from 1,764 to 1711~ and central office
appeals from 717 to 662.
o Grant rates for this quarter showed increases at the
insti tution and regional level and a decrease at the
central office level. The grant rates at the institution
level went from 16.0% to 16.3%: regional appeals from
8.6% to 8 .9% ~ and central office appeals from 3.6% to
2.3%.
o Staff complaints continue to be the highest category
at the institution level ( 14. 2~ ur 440 of the .3,090
complaints filed).
o
Medical complaints returned as the second highest
category at the institution level and increased from last
quarter(323 or 10.5%, up from 290 or 9.2%).
o
Other categories in the top ten at the institution
level were: Classification (10.1%), ODe (8.5%), Transfer
(7.6%), Institution operations (7.1%), Community Programs
( 5.9%) ,
Work Assignments
( 5.8%) ,
and
Insti tution
Programs/Legal (3.8%). This list is similar to the lists
for the previous nine quarter, although the order of
highest to lowest changed somewhat.
The percentage
distribution among the 25 subject codes is also similar
to the distribution for the previous quarters.
?~.GE
'
~~e ~co five categories were:
"::Jwn from '::).8%), Class1.fication
. ' t s (6 . J- o
9 . 7 .~. ~o r :-::::::.::' , .::-t-_a ff r_OmOla1.n
1>, ·
aown rrom
7.6%), a~d ~ealcal ~=~plaints (~.7%, up'from 4.8%).
o
for
~ealC~3~
:::)HO Acoeals
n
.,
~Doea~s.
·J.6,~.
-
")
o The nlghes~ ~~nner ::: regional appeals (392) was filed
in the Nortr: ::2ntral i=.eaion. which has the lowest number
of inmates
~ J. 307).
- The lowest number of regional
appeals (222: Nas riled in the Southeast Region which has
~he second :~~est ~umber of inmates (12,775).
o At the cent~31 office level, filings for DHO Appeals
remained the ;: :qhest category and decreased from last
quarter (133 G~ 20.1%, down from 166 or 23.2%).
o Central C:::::e Appeals in the Classification category
increased in ~elative frequency from 10.6% to 13.3%, and
~emal.neci as :::econd hiahest for the sixth consecutive
quarter. ~he ~ernal.n1.ng· categories in the top five were:
Jail Time (7.:~. up f~om 6.7%), Medical (6.8%, equal to
last quarter!. 3tatf Complaints (6.3%, down from 7.8%),
and Legal (6.3~. equal to last quarter).
." 1 "-
L.
Summary Per18d: :lJun93
Numoer 8t Montns founa:
.-.JHI:::.s:-::ATr:E REMEDIES T?-ACKING DATA
~~ST!:-CTION FILINGS FOR:
,- ..
~~=u
:'?Sec93
Re010n:
:-OTAL ::ur.lDer c: :::-:rnat:es:
84854
Inrnat:es 1:1 Populat:1on lo-:XC.J..UQH1O holdovers and in-transits): 76530
:nrnat:es 1:1 Holdover S~at:us:
2953
Inrnat:es In-Translt::
5371
*;" * * * '"
* * '" '" * * * * * * * * * * * * * *
filea Dur1ng Per:od:
J090
Pending at End of Period:
Answered Durlna Fer:od:
Overdue:
J033
2776 ( 91.5%)
Answerea On T~ne:
Averaae r~me t~r ~esconse: >L50 days
REHEDIES INITIATED
SUBJECT
3REAKOm-1N
ClaSS1!lcat:n
Non-mall Corn
Comm Prgms
Staff
Control Cnit
A.cceals
,
trl/Rec
Number :.
Percent
5ubmlt".:ea
:65
:..o.O{;
Z9
0.8%
5.6%
:4.3%
0.2%
0.9%
206
520
Number &
Percent
Relect:ed
54
5
24
80
1
26
4.7%
1.1%
1.5%
6
8
45
8.1%
2.39
7.2%
3.8%
1.1%
1.4%
22
28
14
3.9%
5.0%
6
34
41
Inst operatn
Inst Program
Legal
Mail
Srch/Rest:rnt
146
·1..0%
115
33
3.2%
0.9%
5pe<.; nuu::;.Lny
.;.~u
j.3~
3
i6
l'ransrer
UDC Actions
Visit.ing
Work Assign
277
7.6%
9.4%
41
79
264
342
90
2.5%
14
213
5.8%
35
21
0.6%
0.1%
9.8%
0.2%
3.3%
1.9%
2.1%
o
o
3
356
9
120
68
76
TOTALS:
3649 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
i.melv
n~ormal resolution
l·
;:nments
e
~I/~SS
~.3%
14.3%
0.2%
56
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Corn
}.7%
0.9%
311
24
182
440
5
8
35
48
219
117
10.1%
0.8%
5.9%
14.2%
0.2%
0.3%
1.1%
1.6%
7.1%
0.5%
118
101
30
2.S,=i>
104
-J.4%
7.3%
236
263
76
178
7.6%
8.5%
2.5%
5.8%
21
0.7%
14.1%
2.5%
6.3%
33
1
6
0.0%
0.0%
5.9%
0.2%
1.1%
11
2.0%
7
1.3%
559 100.0%
15.3%
67( 12.0%)
220( 39.4%)
O(
0.0%)
10/13/1993 8:44 BOP-O
Number &
Percent
Filed
3.8%
3.8%
3.3%
1.0%
2.5%
*
*
*
*
3
0.1%
323
10.5%
8
0.3%
114
57
3.7%
1.8%
69
2.2%
3090100.0%
84.7%
*
*
*
*
*
*
*
*
*
*
*
*
*
it:
*
*
*
*
*
Number &
Percent
Answerea
J16
25
191
448
5
37
48
217
120
127
98
30
10.4%
0.8%
6.3%
14.8%
0.2%
0.3%
1.2%
1.6%
7.2%
4.0%
4.2%
3.2%
1.0%
a7
'::.::''0
220
249
8.2%
9
74
168
*
*
18
*
*
*
*
**
*
*
Wrona level
Re-submit
Other
*814
162
REMEDIES RESOLVED
*
*
*
2
303
8
114
55
64
7.3%
2.4%
5.5%
0.6%
0.1%
10.0%
0.3%
3.8%
1.8%
2.1%
3033 100.0%
100.0%
Number &
Percent
Granted
50
6
19
56
1
o
7
12
48
24
20
16
15.8%
24.0%
9.9%
12.5%
20.0%
0.0%
18.9%
25.0%
22.1%
20.0%
15.7%
19
34
34
13
23
16.3%
10.0%
21.8%
15.5%
13.7%
17.6%
13.7%
3
16.7%
3
o
87
o
0.0%
28.7%
0.0%
5
10
18.2%
4
6.3%
494
4.4%
N/A
16.3%
23(
4.1%)
44(
7.9%)
106( 19.0%)
:::12.?3
Summarv Perloa:
:lJun93
Number ot Months founa:
.;Dl1I:nS':'RATI\'E. REHEDIES TRACKING DATA
REGIONAL OFFICE APPEALS fOR:
30P--All Insti~utions.
~hru
:JSeo9J
~
Realon:
TOTAL Uuncer 8~ Innates:
84854
Inmates in Population (excluding holdovers and in-transits):
76530
Inmates :n Holdover S~atus:
2953
Inmates In-Translt:
5371
* * *.,. * * * * * * * * * * * * * * * * * * * *
Pending at End of Period:
Filed During Period:
1711
Answered Curing Period:
Overdue:
1632
Answerea en Tine:
1605 ( 98.3%)
Average r:~e fer Response:
:2.42 days
REMEDIES INITIATED
SUBJECT
BREAKDmm
Classlficatn
Non-mall Corn
Comm Prgms
staff
Control Unit
r
6.ppeals
_ _ tn/Rec
Inst operatn
Inst Program
Legal
Mail
srch/Restrnt
3pec Housing
rransfer
JDC Actions
lisiting
'lork Assign
)ental Care
~orced Med
ledical
[ental Hlth
"ail Time
:ecords
·entence Com
Number .:.
Percent
Submltted
:3
134
182
4
677
19
14
108
70
85
50
10
56
:'0.0%
0.5%
5.6%
7.6%
0.2%
28.2%
0.8%
0.6%
4.5%
2.9%
3.5%
2.1%
0.4%
~
• .3%
144
138
42
73
6.0%
5.7%
1. 7%
3.0%
10
0.4%
0.1%
5.8%
0.2%
4.2%
1.5%
2.0%
2
140
5
101
36
48
OTALS:
2402 100.0%
of Submitted:
100.0%
of Answered:
eason for Rejection:
mely
. . nformal resolution
- .chments
rlSSS
Number &
Percent
Rejected
75
3
44
74
o
154
3
5
32
20
27
1.5
2
19
41
46
10
21
1
o
42
o
27
14
14
10.9%
0.4%
6.4%
10.7%
0.0%
22.3%
0.4%
0.7%
4.6%
2.9%
3.9%
2.2%
0.3%
2.7%
6.2%
6.7%
1.4%
3.0%
0.1%
0.0%
6.1%
0.0%
3.9%
2.0%
2.0%
691 100.0%
28.8%
61(
8.8%)
16(
2.3%)
168( 24.3%)
10/13/1993 8:46 BOP-O
Number &
Percent
Filed
166
10
90
108
4
523
16
9
76
50
58
35
8
37
101
92
32
52
9
2
98
5
74
22
34
9.7%
0.6%
5.3%
6.3%
0.2%
30.6%
0.9%
0.5%
4.4%
2.9%
3.4%
2.0%
0.5%
2.2%
5.9%
5.4%
1.9%
3.0%
0.5%
0.1%
5.7%
0.3%
4.3%
1.3%
2.0%
1711 100.0%
71.2%
*
*
*
* *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Number &
Percent
Answered
160
10
92
103
7
481
15
9
61
55
60
36
6
38
93
98
29
46
10
2
93
5
69
22
32
9.8%
0.6%
5.6%
6.3%
0.4%
29.5%
0.9%
0.6%
3.7%
3.4%
3.7%
2.2%
0.4%
.:!.j%
5.7%
6.0%
1.8%
2.8%
0.6%
0.1%
5.7%
0.3%
4.2%
1.3%
2.0%
*
**
1632 100.0%
*
100.0%
*
Wrong level
Re-submit
other
3
REMEDIES RESOLVED
*
*
* 541
*
Number &
Percent
Granted
19
2
8
5
o
38
o
2
6
1
5
3
o
1
7
16
2
3
2
o
16
o
5
2
3
146
11.9%
20.0%
8.7%
4.9%
0.0%
7.9%
0.0%
22.2%
9.8%
1.8%
8.3%
8.3%
0.0%
2.6%
7.5%
16.3%
6.9%
6.5%
20.0%
0.0%
17.2%
0.0%
7.2%
9.1%
9.4%
N/A
8.9%
79( 11.4%)
160( 23.2%)
205( 29.7%)
;';~tc.or
e
request:
Summary Perioo:
::'lJun93 thru
Number of Months Found: 3
ADMINISTRATIVE REMEDIES TRACKING DATA
CENTRAL OFFICE APPEALS FOR:
BOP--All Institutions.
~~.13/9J
Ltution Security Level:
~l/A
19Sep93
Region: .
TOTAL Number of Inmates:
84854
Inmates in Population I~xcluding holdovers and in-transits): 76530
Inmates in Holdover Stat~s:
2953
Inmates In-Translt:
5371
*Filed
* * * * * * * * * * * * * * * * * * * * * * *
Durinq Perlod:
662
Pending at End of Period:
Answered During Perlod:
782
Overdue:
Answered On Time:
645 ( 82.5%)
Average Time for Response:
~~.95
days
REMEDIES INITIATED
Number &
Percent
SUBJECT
BREAKDOWN
Submitted
-.--.-- -Classlficatn 141 :'J.4~
Non-mail Com
12
1.1%
46
4.4%
Comm Prgms
74
7.0%
Staff
0.4%
4
Control Unit
221 21.0%
DHO Appeals
F' 'catn/Rec
7
0.7%
7
0.7%
37
3.5%
Operatn
36
3.4%
n~t Program
4.9%
Leqal
52
2.9%
31
Mail
0.2%
Srch/Restrnt
2
34
3.2%
Spec Housing
64
6.1%
Transfer
63
6.0%
UDC Actions
19
1.8%
Visiting
2.9%
31
work Assign
I
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
5
0
69
2
59
16
20
0.5%
0.0%
6.6%
0.2%
5.6%
1.5%
1.9%
1052 100.0%
TOTALS:
100.0%
% of Submitted:
% of Answered:
Number &
Number &
Percent
Percent
Rejected
Filed
-- -----53,
13.6%
88 13.3% *
.1.
0.3%
11
1.7% *
21
5.4%
3.8% *
25
32
8.2%
6.3% *
42
1
0.3%
3
0.5% *
88 22.6%
133 20.1% *
3
0.8%
0.6% *
4
1
0.3%
6
0.9% *
12
3.1%
3.8% *
25
19
4.9%
17
2.6% *
10
2.6%
6.3% *
42
11
2.8%
3.0% *
20
1
0.3%
0.2% *
1
10
2.6%
3.6% *
24
23
5.9%
6.2% *
41
33
8.5%
4.5% *
30
6
1.5%
2.0% *
13
16
4.1%
2.3% *
15
0
0
24
0
12
7
6
0.0%
0.0%
6.2%
0.0%
3.1%
1.8%
1.5%
390 100.0%
37.1%
Reason for Rejection:
128( 32.8%)
Untimely
•• ~ informal resolution
O(
0.0%)
77( 19.7%)
achments
3S
10/13/1993 8: 41 BOP-O
Ie
5
0
45
2
47
9
14
0.8%
0.0%
6.8%
0.3%
7.1%
1.4%
2.1%
662 100.0%
62.9%
*
*
*
*
*
*
*
*
*
*
*
Wronq level
Re-submit
Other
*
*
*
*
*
*
* *299
24
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
95
13
34
56
2
180
3
8
32
22
51
16
2
21
45
29
9
28
12.1%
1.7%
4.3%
7.2%
0.3%
23.0%
0.4%
1.0%
4.1%
2.8%
6.5%
2.0%
0.3%
2.7%
5.8%
3.7%
1.2%
3.6%
4
0
0
0
0
5
0
0
0
0
0
0
0
0
0
1
0
0
4.2%
0.0%
0.0%
0.0%
0.0%
2.8%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
3.4%
0.0%
0.0%
2
0
43
1
52
13
25
0.3%
0.0%
5.5%
0.1%
6.6%
1.7%
3.2%
1
0
2
0
5
0
0
50.0%
0.0%
4.7%
0.0%
9.6%
0.0%
0.0%
782 100.0%
18
100.0%
N/A
2.3%
49( 12.6%)
184( 47.2%)
47( 12.1%)
:)ate
uI
.3ummary ?erIoa: :lJun93
:Jumber c:;: Hom:hs founa:
ADHI:::;:':-=-::";7r:~ :::EHEDIES TRACKING DATA
:::E:G:~::AL ~ ?FICE APPEALS FOR:
:·11d- ..:..t:l~nt::::: RegIon. .
::::-~aues·L::
~:-~ru
':'J/12.;':
Inst:I t:.1tlon Securi 1:,/ L-:'le.:..:
:: / A
2egion: :·iXR
TOTAL UurnDer 0: Inmates:
Inmates
PODulatIon I~XC!~jlna noldovers and in-transits):
Inmal:es :n HOLdover Stat~s:
* * * * ~ * * * ~
Filed During Period:
Answered DuriIlo Period:
Answerea On TIme:
Averaoe Tine tor Response:
*
*
~
*
*
262
238
238 (100.0%)
'=3.60 ,jays
*
Classlrica"Cn
Non-mall Com
Comm Prqrns
Staff
Control Unit
r
~ppeals
•
ltn/Rec
w~
Inst Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec HOUSIng
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
~edical
'1ental Hlth
rail Time
~ecords
3entence Com
Number E,
Percen"C
Subml"Ctea
~lumber
46
0
91
4
0
10
4
12
10
0
3.7%
1.1%
6.3%
12.1%
0.0%
23.9%
1.1%
0.0%
2.6%
1.1%
3.2%
2.6%
0.0%
b
1. 61;
19
19
8
9
5.0%
5.0%
2.1%
2.4%
0
2
3
5
1
4
2
0
44
2
21
7
5
0.5%
0.0%
11.6%
0.5%
5.5%
1.8%
1.3%
0
12
0
11
3
2
.33
4
24
380 100.0%
rOTALS:
100.0%
~ of Submitted:
, of Answered:
£.
?ercent
:\eiected
* * * * * * * * * 110
*
~.2%
0.8%
2.4%
5
6.9%
1.1%
5.7%
10.3%
0.0%
28.6%
1.5%
0.0%
2.3%
1.5%
3.1%
3.1%
0.0%
1.5%
4.2%
5.3%
2.7%
1.9%
0.0%
0.0%
10.2%
0.0%
9.3%
2.5%
1.7%
2
0
32
2
10
4
3
0.8%
0.0%
12.2%
0.8%
3.8%
1.5%
1.1%
1.2.7%
1).8%
7.6%
~9
16.1~o
0;
16
0
0
4
0
4
2
0
..
0.0%
13.6%
0.0%
0.0%
3.4%
0.0%
2.4%
1. 7%
0.0%
1.7%
.~
• 8%
118 100.0%
31.1%
~
for Rejection:
mely
.nfonnal resolution
.dchments
~e;"':;on
e
.
:I/SSS
1 ( 0.8%)
O( 0.0%)
27( 22.9%)
10/13/1993 9:01 BOP-O
Number &
Percent
Filed
18
3
15
27
0
75
4
0
6
4
8
8
0
4
11
14
1
9
~::l
7
12858
12704
154
Pending at End of Period:
overdue:
REMEDIES :UITIATED
SUBJECT
BREAKDm.,N
':'3Sep93
262 100.0%
68.9%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Wrong level
Re-submit
Other
*
*
*
*
*
*
1
REMEDIES RESOLVED
Number £.
Percent
Answered
Number &
Percent
Gran1:ed
7.1%
0.8%
6.3%
8.8%
0.0%
26.9%
2.5%
0.0%
2.1%
1.3%
2.9%
3.4%
0.0%
1.7%
2.5%
4.6%
2.9%
2.9%
3 17.6%
2 100.0%
1
6.7%
3 14.3%
0
0.0%
3.1%
2
0
0.0%
0.0%
0
20.0%
1
0.0%
0
1 14.3%
0.0%
0
0
0.0%
25.0%
1
0
0.0%
2 18.2%
28.6%
2
0
0.0%
0.8%
0.0%
13.0%
0.8%
5.0%
1.3%
2.1%
2 100.0%
0
0.0%
10
32.3%
0
0.0%
2 16.7%
33.3%
1
2
40.0%
17
2
15
21
0
64
6
0
5
3
7
8
0
4
6
11
7
7
2
0
31
2
12
3
~
238 100.0%
100.0%
35
N/A
14.7%
21( 17.8%)
49( 41.5%)
9.3%)
11'
';ai=E __ ~ :-2':"uest:
~tutlon
Summary Period:
21Jun93 thru
Number of Months Found: J
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
North Central Reqion . . .
-~,
Secur~~y
1],'33
LeveL:
Region: NCR
N/A
TOTAL ~lurnber or I~mates:
Inmates ~". PODulation r excludina holdovers and in-transits):
Inmates 1n Hoidover Status:
.
* * * * * *
*
*
*
Filed Durlna Period:
Answered Durinq Perlod:
Answered On Time:
Averaqe Time for Response:
*
Classlficatn
Non-mail Corn
Comm Prgms
Staff
Control Unit
Olm Appeals
T
"ltn/Rec
. _ .. Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
'rransrer
UDC Actions
Visitinq
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
Number &
Percent
Submitted
67
6
21
41
4
138
2
5
26
18
32
12
4
16
J",
40
8
13
4
2
23
1
15
3
12
12.2%
1.1%
3.8%
7.5%
0.7%
25.1%
0.4%
0.9%
4.7%
3.3%
5.8%
2.2%
0.7%
2.9%
o.7:t
7.3%
1.5%
2.4%
0.7%
0.4%
4.2%
0.2%
2.7%
0.5%
2.2%
TOTALS:
550 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
Untimely
'.nformal resolution
chments
e
~I/SSS
10307
10077
230
* * * * * * * * * * *
* * * * * Pending
at End of Period:
123
392
362
351 ( 97.0%)
:0.70 days
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
:'3Sep93
Number &
Percent
Rejected
19
1
8
13
o
47
1
2
4
4
9
3
1
4
"/
14
2
4
o
o
6
o
5
2
2
12.0%
0.6%
5.1%
8.2%
0.0%
29.7%
0.6%
1.3%
2.5%
2.5%
5.7%
1.9%
0.6%
2.5%
4.4:g
8.9%
1.3%
2.5%
0.0%
0.0%
3.8%
0.0%
3.2%
1.3%
1.3%
158 100.0%
28.7%
*
*
*
*
*
Number &
Percent
Filed
48
5
13
28
4
91
1
3
22
14
23
9
3
12
:'30
26
6
9
4
2
17
1
10
1
10
12.2% *
1.3% *
3.3% *
7.1% *
1.0% *
23.2% *
0.3% *
0.8% *
5.6% *
3.6% *
5.9% *
2.3% *
0.8% *
3.1% *
., • '/:g w
6.6% *
1.5% *
2.3% *
1.0%
0.5%
4.3%
0.3%
2.6%
0.3%
2.6%
392 100.0%
71.3%
*
*
*
*
*
*
*
**
*
*
27( 17.1%)
O(
0.0%)
39( 24.7%)
10/13/1993 9:01 BOP-O
1
Wrong level
Re-submit
other
*
REMEDIES RESOLVED
Number &
Percent
Answered
46
6
14
26
6
74
o
5
16
15
24
12.7%
1.7%
3.9%
7.2%
1.7%
20.4%
0.0%
1.4%
4.4%
4.1%
6.6%
1.9%
0.8%
3.6%
Number &
Percent
Granted
5
o
o
o
a
a
1
1
o
1.1%
0.6%
5.5%
0.3%
1.9%
0.6%
3.0%
o
a
o
a
a
4
o
o
o
o
o
1
o
o
o
o
362 100.0%
12
7
3
13
JU
17
5
8
4
2
20
1
7
2
11
~.J:g
4.7%
1.4%
2.2%
100.0%
10.9%
0.0%
0.0%
0.0%
0.0%
1.4%
0.0%
20.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
13.3%
0.0%
0.0%
0.0%
0.0%
0.0%
5.0%
0.0%
0.0%
0.0%
0.0%
N/A
3.3%
5(
3.2%)
31( 19.6%)
42( 26.6%)
Jate
reoues-:: ':"J/L::;'::;
.summary Perl.cd:
'::':Jun93 ':hru
Number ot Months found: _
ADl·tI~~IS:-MTn·E REHEDIES TRACKING DATA
~EGIONAL OFFICE APPEALS FOR:
:lort:n East Region. . . . .
itutl.on Securlty Level:
~/A
Region: NER
TOTAL ;;urnber 0: I:1mates:
Inmates 1:1 PODulation (~xcludina holdovers and in-transits):
Inmates in Hoidover S-:atus:
-
* *
*
*
* * *
*
*
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
...
*
*
* * * Pending
* * *at * End*
276
270
265 ( 98.1%)
23.21 days
Classl.!icatn
Non-mail Com
Comm Prqms
Staff
Control unit
DIm Appeals
"itn/Rec
Number [.;
Percent
Submittea
27
1
24
24
o
118
6
2
. _ .. Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
18
21
10
4
o
7
17
17
1
16
o
o
22
a
7
10
7
10.0%
0.3%
6.5%
6.5%
0.0%
32.0%
1.6%
0.5%
4.9%
5.7%
2.7%
1.1%
0.0%
1.9%
4.6~
4.6%
0.3%
4.3%
0.0%
0.0%
6.0%
0.0%
1. 9%
2.7%
1.9%
TOTALS:
369 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
Untimely
~.nformal resolution
::hments
e
~I/SSS
Number &
Percent
Rejected
11
1
6
11
a
22
1
a
5
8
3
2
o
2
5
5
o
J
o
o
3
o
a
4
1
11.8%
1.1%
6.5%
11.8%
0.0%
23.7%
1.1%
0.0%
5.4%
8.6%
3.2%
2.2%
0.0%
2.2%
5.4%
5.4%
0.0%
3.2%
0.0%
0.0%
3.2%
0.0%
0.0%
4.3%
1.1%
93 100.0%
25.2%
4(
4.3%)
O(
0.0%)
41( 44.1%)
10/13/1993 9:01 BOP-O
13360
12900
460
* * * * * *67
of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
':'9Sep93
*
*
*
*
*
Number &
Percent
Filed
26
13
9.4%
0.0%
6.5%
4.7%
0.0%
34.8%
1.8%
0.7%
4.7%
4.7%
2.5%
0.7%
0.0%
1.8%
4.3%
4.3%
0.4%
4.7%
a
a
19
a
0.0%
0.0%
6.9%
0.0%
o
18
13
o
96
5
2
13
13
7
2
a
5
12
12
1
7
6
6
* *
*
*
*
*
*
*
*
*
*
*
*
*
276 100.0%
74.8%
REMEDIES RESOLVED
Number &
Percent
Answered
20
o
16
13
1
101
3
1
14
19
9
3
o
*
*
*
*
*
8
11
11
1
8
*
*
o
o
7.4%
0.0%
5.9%
4.8%
0.4%
37.4%
1.1%
0.4%
5.2%
7.0%
3.3%
1.1%
0.0%
3.0%
4.1%
4.1%
0.4%
3.0%
Number &
Percent
Granted
2
1
10.0%
0.0%
25.0%
0.0%
0.0%
11.9%
0.0%
0.0%
14.3%
5.3%
11.1%
33.3%
0.0%
0.0%
18.2%
54.5%
0.0%
12.5%
0.0%
0.0%
5.9%
0.0%
0.0%
25.0%
0.0%
o
4
o
o
12
o
o
2
1
1
1
o
o
2
6
o
*
17
o
0.0%
0.0%
6.3%
0.0%
*
6
4
4
1.5%
1.5%
o
o
1
o
o
1
o
270 100.0%
34
*
2.5% *
2.2% *
2.2%
1
**
*
*
Wrong level
Re-submit
other
2.2%
N/A
12.6%
100.0%
7(
7.5%)
17( 18.3%)
71( 76.3%)
Jate
Summary Period:
:lJun93 thru
Number of Honins Found: .:
.-\DMINISTRATr:E REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
South Central Reaion . .
=~'reauest:
:0113/93
itution Security Level:
Reaion: SCR
~i1A
TOTAL :~umber of Inmates:
Inmates i~ Population (excl~dina holdovers and in-transits):
Inmates in Holdover Status:
* *
*
* * * * *
*
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
*
*
*
*
Number &
Percent
Submitted
Overdue:
Number &
Percent
Filed
3
29
15
15
11
4
5
25
10
5
20
9.0%
0.3%
4.1%
9.8%
0.0%
23.2%
0.8%
0.8%
7.5%
3.9%
3.9%
2.8%
1.0%
1.3%
6.4%
2.6%
1.3%
5.2%
0
7
16
0
12
0
2
6
7
4
3
1
3
6
3
1
6
:'2.4%
0.0%
6.7%
15.2%
0.0%
11.4%
0.0%
1.9%
5.7%
6.7%
3.8%
2.9%
1.0%
2.9%
5.7%
2.9%
1.0%
5.7%
22
1
9
22
0
78
3
1
23
8
11
8
3
2
19
7
4
14
7.8%
0.4%
3.2%
7.8%
0.0%
27.6%
1.1%
0.4%
8.1%
2.8%
3.9%
2.8%
1.1%
0.7%
6.7%
2.5%
1.4%
4.9%
1
0
20
1
24
7
10
0.3%
0.0%
5.2%
0.3%
6.2%
1.8%
2.6%
0
0
7
0
4
3
1
0.0%
0.0%
6.7%
0.0%
3.8%
2.9%
1.0%
1
0
13
1
20
4
9
0.4%
0.0%
4.6%
0.4%
7.1%
1.4%
3.2%
388
~OTAL5:
i of 5ubmi tted :
100.0%
100.0%
Classl.ficatn
Non-mail Com
Comm Prgms
staff
Control Unit
DHf' Appeals
E
tn/Rec
F_
I1._ .. Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
rransrer
JDC Actions
visiting
.vork Assign
)ental Care
~orced Med
.fedical
1ental Hlth
Tail Time
~ecords
)entence Com
35
1
16
38
0
90
Number &
Percent
Rejected
3
:'3
105 100.0%
27.1%
of Answered:
i
283 100.0%
72.9%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
!eason for Rejection:
U"'~imely
.e
,
nformal resolution
:hments
:I/5S5
13( 12.4%)
10(
9.5%)
17( 16.2%)
10/13/1993 9:01 BOP-O
16759
16170
589
* * * * *90
* * Pending
* * *at * End* of* Period:
283
250
250 (100.0%)
:1.91 days
REMEDIES INITIATED
SUBJECT
BREAKDOWN
19Seo93
Wrong level
Re-submit
Other
0
*
*
*
*
*
*
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
20
1
11
22
0
58
2
1
16
9
10
7
2
2
19
9
2
12
3.0%
0.4%
4.4%
8.8%
0.0%
23.2%
0.8%
0.4%
6.4%
3.6%
4.0%
2.8%
0.8%
0.8%
7.6%
3.6%
0.8%
4.8%
2
0
13
1
20
4
7
0.8%
0.0%
5.2%
0.4%
8.0%
1.6%
2.8%
0
0
0
0
1
0
1
250 100.0%
20
100.0%
2 10.0%
0
0.0%
1
9.1%
1
4.5%
0
0.0%
10 17.2%
0
0.0%
1 100.0%
0
0.0%
0
0.0%
0
0.0%
1 14.3%
0
0.0%
0
0.0%
1
5.3%
0
0.0%
0
0.0%
1
8.3%
0.0%
0.0%
0.0%
0.0%
5.0%
0.0%
14.3%
N/A
8.0%
17( 16.2%)
24( 22.9%)
5S( 52.4%)
:ate
C~
5ummarv ?erl0a: :lJun93 thru
Number of Months Found: ADHI:::::S:-~;Tr:E REHEDIIS TRACKING DATA
~EGICNAL CFFICE APPEALS FOR:
'::ou'Cl"l East Realon. . . .
~eaue5~:
::/12.;2
ltutlon Securlty Level:
Realon: SIR
~l/A
:-OTAL iiumoer c: Inmates:
Inmates ~~ Population (~xcludlna holdovers and in-transits):
Inmates l~ Holdover Stat~s:
* *
*
*
*
*
*
*
....
..
Filed Durlna Period:
Answered Durinq Period:
Answered On Ti~e:
Average Time ter Response:
*
*
*
*
222
247
244 ( 98.8%)
SUBJECT
BREAKDmm
':lasslficatn
Non-mail Com
Comm Prqms
Staff
Control Unit
OF" Appeals
F
ltn/Rec
I. .
Submit~ed
35
1
23
15
o
108
2
4
Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
10
6
5
9
1
8
22
31
14
3
o
o
14
o
20
2
6
10.3:0
0.3%
6.8%
4.4%
0.0%
31.9%
0.6%
1.2%
2.9%
1.8%
1.5%
2.7%
0.3%
2.4%
6.5%
9.1%
4.1%
0.9%
0.0%
0.0%
4.1%
0.0%
5.9%
0.6%
1.8%
rOTALS:
339 100.0%
% of Submitted:
100.0%
% of Answered:
~eason
for Rejection:
U"'~imely
e
nformal resolution
:=hments
<I/SSS
Number &
Percent
Reiected
.3
8
7
o
41
o
1
5
1
2
3
o
2
8
12
4
o
o
o
7
o
5
o
3
*70
0
27
1
0.0%
0.0%
6.0%
0.0%
4.3%
0.0%
2.6%
13( 11.1%)
O(
0.0%)
30( 25.6%)
*
*
*
Number &
Percent
Filed
.8%
~~
REMEDIES RESOLVED
*
0.0%
6.8%
6.0%
0.0%
35.0%
0.0%
0.9%
4.3%
0.9%
1. 7%
2.6%
0.0%
1. 7%
6.8%
lO.3%
3.4%
0.0%
117 100.0%
34.5%
10/13/1993 9:01 BOP-O
*
days
':'~.62
o
12775
12056
719
* * * * * * * * *
Pending at End of Period:
Overdue:
REMEDIES INITIATED
Number ~
Percent
~9SeD93
15
8
o
67
2
3
5
5
3
6
1
6
14
19
10
3
o
o
7
o
15
2
3
12.2%
0.5%
6.8%
3.6%
0.0%
30.2%
0.9%
1.4%
2.3%
2.3%
1.4%
2.7%
0.5%
2.7%
6.3%
3.6%
4.5%
1.4%
0.0%
0.0%
3.2%
0.0%
6.8%
0.9%
1.4%
222 100.0%
65.5%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
wrong level
Re-submit
Other
*
*
Number &
Percent
Answered
29
1
13
11
Number &
Percent
Granted
11.7%
0.4%
5.3%
4.5%
0.0%
30.4%
1.2%
0.8%
1.' 2%
1.6%
2.0%
4.0%
0.4%
1.2%
6.111
12.1%
4.5%
1.6%
1
3.4%
0.0%
0.0%
0.0%
0.0%
6.7%
0.0%
0.0%
0.0%
0.0%
0.0%
10.0%
0.0%
0.0%
0.01;
10.0%
0.0%
25.0%
0.0%
0.0%
2.0%
0.0%
5.7%
1.6%
1.6%
o
o
o
o
2
o
o
0.0%
0.0%
0.0%
0.0%
14.3%
0.0%
0.0%
247 100.0%
13
o
75
3
2
3
4
5
10
1
3
15
30
11
4
o
o
5
o
14
4
4
100.0%
1
o
o
o
o
5
o
o
o
o
o
1
o
o
o
3
o
N/A
5.3%
23( 19.7%)
34( 29.1%)
6(
5.1%)
:a::e c: request::
•
.tution
Summary Period: 21Jun93 thru
Number of Mont:hs Found: 3
.~~MINISTRATI\?E REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
Western Region . . . . . .
_~.
i3,93
Secur:~y
Lavel:
Region:
~/A
~';XR
TOTAL ~lumber of Inrnat:es:
Inmat:es In Pooulat:lon rexcludina holdovers .and in-transits):
Inmat:es in Hoidover Status:
-
* * * * * * * *
*
Filed Durina Period:
Answered During Perlod:
Answered On Time:
Averaqe Time for Response:
*
*
*
*
*
*
276
265
257 ( 97.0%)
:6.74 days
SUBJECT
BREAKDOWN
Classlficatn
Non-mail Com
Comm Prgms
Staff
Control unit
Dt'n Appeals
r
,tn/Rec
, __ Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transter
UDC Actions
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
34
o
26
18
o
132
2
o
15
6
11
4
1
14
24
21
6
12
3
o
17
1
14
7
8
9.0%
0.0%
6.9%
4.8%
0.0%
35.1%
0.5%
0.0%
4.0%
1.6%
2.9%
1.1%
0.3%
3.7%
6.41>
5.6%
1.6%
3.2%
0.8%
0.0%
4.5%
0.3%
3.7%
1.9%
2.1%
TOTALS:
376 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
U"'+:imely
nformal resolution
~hments
,
K.
oS
Number &
Percent
Rejected
9
a
6
8
a
16
1
a
8
o
5
2
a
6
9
7
2
4
1
o
7
o
2
2
5
9.0%
0.0%
6.0%
8.0%
0.0%
16.0%
1.0%
0.0%
8.0%
0.0%
5.0%
2.0%
0.0%
6.0%
9.01;
7.0%
2.0%
4.0%
1.0%
0.0%
7.0%
0.0%
2.0%
2.0%
5.0%
100 100.0%
26.6%
3(
6(
3.0%)
6.0%)
14( 14.0%)
10/13/1993 9: 01 BOP-O
*
*
*
*
Number &
Percent
Filed
o
20
10
o·
116
1
o
7
6
6
2
1
8
15
14
4
8
2
o
10
1
12
5
3
9.1%
0.0%
7.2%
3.6%
0.0%
42.0%
0.4%
0.0%
2.5%
2.2%
2.2%
0.7%
0.4%
2.9%
5.4lfi
5.1%
1.4%
2.9%
0.7%
0.0%
3.6%
0.4%
4.3%
1.8%
1.1%
276 100.0%
73.4%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
Wrong level
Re-submit
Other
*
* *81
o
REMEDIES RESOLVED
*
25
13425
12624
801
* * * * * * * * *
Pending at End of Period:
Overdue:
REMEDIES INITIATED
Number &
Percent
Submitted
l3Se~93
Number &
Percent
Answered
28
o
23
10
o
109
1
o
7
5
5
1
o
8
12
20
10.6%
0.0%
8.7%
3.8%
0.0%
41.1%
0.4%
0.0%
2.6%
1.9%
1.9%
0.4%
0.0%
3.0%
Number &
Percent
Granted
6
o
2
1
o
o
o
3
o
3
o
o
o
8
4.51>
o
7.5%
1.1%
2.6%
5
0.8%
0.0%
2.6%
0.4%
3.8%
1.9%
0.4%
o
o
o
o
4
o
o
o
o
265 100.0%
32
3
7
2
o
7
1
10
5
1
21.4%
0.0%
8.7%
10.0%
0.0%
7.3%
0.0%
0.0%
42.9%
0.0%
60.0%
0.0%
0.0%
0.0%
0.0%
25.0%
0.0%
0.0%
0.0%
0.0%
57.1%
0.0%
0.0%
0.0%
0.0%
N/A
12.1%
100.0%
6(
6.0%)
5(
5.0%)
20( 20.0%)
PART II
QUARTERLY REPORT - ADMINISTRATIVE REMEDIES FOR
COMMUNITY CORRECTIONS
Administra1:1Ve Remedy data for community Corrections is also
provided directly trom the Key Indicator (KI/SSS) system.
The
attached reports show information on COl filings, regional appeals
and central office appeals aggregated for community Corrections as
a whole (All Community Corrections) for the forth (4TH) quarter
1993.
The remal.ning six reports display, for each region,
aggregate informaLlon in regional appeals filed by inmates in all
CCCs in that region.
Some observations about the data in the attached reports.
o The total number of filings for this quarter showed an
increase in CCM filings and decreases in regional and
central office appeals as compared to last quarter. COM
filings went ::::-om 19 to 20; regional appeals went from 45
to 38; and central office appeals went from 4 to 2.
o Grant rates f.or this quarter showed an increase in .COM
filings and a decrease at the regional level. The grant
rates at the central office level remained the same. The
grant rates at the COM level went from 13.6% to 23.1%:
regional appeals went from 14.5% to 10.5%.
o
community Programs continues to be the highest
category at the COl level and increased from last quarter
(70.0% or 14 of ~:he 20 complaints filed, up from 63.2% or
12) •
o staff cc:pl:::.ints remain as the second highest catagcry
and also increased from.last quarter (20% or 4, up from
10.5% or 2).
o The other complaints filed at the COl level were Legal
and Mail (each with 5.0% or 1).
.
o For regional appeals, the categories as compared to
last quarter were: CCM\Major (i.e., OHO) with 76.0% or
29, down from 82.2% or 37; community Programs with 10.5%
or 4, up from 4.4% or 4; CDC/Minor (i.e., UDe) 5.3% or 2,
down from 8.9% or 4; Work Assignments with 5.3% or 2, up
from 0.0% or 0; and Transfer with 2.6% or 1, up from 0.0%
or o.
PAGE 2
o The highes~ ~~nner of regional appeals (12) was filed
in tte Nortn Cen~ral Region, which has the forth highest
number of i~mates (957).
The lowest number of appeals
(2) was filed :~ the Northeast Region, Nhich has the
lowest number ~: inmates (696).
o At the cen~ral office, filings for CCM/Major (i.e.,
DHO) was the only category (100.0% or 2, up from 0.0% or
o last quarterl.
:ate
=2ques~:
~0112.?J
~erloa:
21Jun93 ~~ru
of Months Founa: )
.:::aMUNITY C:8RRECTIONS
ADMINIS:::'A.TIVE REMEDIES TRACKING DATA
CCH r::'INGS FOR:
All :omrnunl~Y Correct~ons
Summary
19Sep93
~urnber
~~umber
* * '"
::;:
I:1ma~es
*
*
In PODU1.:l:.:on:
*
*
*
*
"K
Filea Durlnq Period:
Answerea Durlnq Period:
Answered On Time:
Averaae Time for Response:
~852
*
*
Reqion:
*
*
20
13
12 ( 92.3%)
6.22 days
*
*
Classl!: ':'catn
Non-mall Com
Carom Prqms
Staff
Control Unit
CCM/Mal o r
Ecincatn/Rec
..
Number 5.
Percent
Submitted
J
o
16
4
o
1
o
o
o
o
operatn
~_ .. Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visiting
Work Assign
o
o
o
o
o
o
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
o
o
o
o
o
o
1
1
o
Number &
Percent
Rejected
Number &
Percent
Filed
o
o
o
o
:).0%
0.0%
69.6%
17.4%
0.0%
4.3%
0.0%
0.0%
0.0%
0.0%
4.3%
4.3%
0.0%
0.0%
0.0%
0.01;
0.0%
0.0%
a
o
o
o
o
o
0.0%
0.0%
66.7%
0.0%
0.0%
33.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.01;
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
a
o
o
o
o
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
TOTALS:
23 100.0%
% of Submitted:
100.0%
% of Answered:
2
o
o
1
o
o
o
o
o
o
3 100.0%
13.0%
Reason for Rejection:
O(
0.0%)
tJ"'i:imely
O(
'.nformal resolution
0.0%)
O( 0.0%)
lchments
K_ 3S
10/13/1993 14:44 BOP-O
e
*
*
*
*
* *
*
Pending at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
*
*
14
4
a
a
o
a
o
a
1
1
o
o
o
o
a
o
a
a
o
o
a
o
o
0.0%
:].0%
70.0%
20.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
5.0%
5.0%
0.0%
o. 0%
0.0%
0.01;
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
20 100.0%
87.0%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
Wrong level
Re-submit
Other
*
*
18
15
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
o
o
a
a
2
a
a
a
a
a
a
a
1
a
a
a
a
a
a
6
5
a
o
o
a
o
a
1
1
o
a
o
a
a
a
0.0%
0.0%
46.2%
38.5%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
7.7%
7.7%
0.0%
0.0%
0.0%
O.O~
0.0%
0.0%
o. 0%
0.0%
33.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.01;
0.0%
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0% .
0.0%
0.0%
1::1 100.0%
3
N/A
a
a
a
a
a
a
a
100.0%
0.0%
23.1%
1( 33.3%)
O(
0.0%)
1( 33.3%)
~ate
~:
~eauest:
*
*
Summary Period:
21Jun93 thru
Number of Months Found: J
COMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
All community Correc~ions
Inma~es
Number =r
*
~0/13/93
*
in POOulat10n:
* * * *
* *
Filed Durina Period:
Answered Durina Period:
Answered On Time:
Averaae Time for Response:
*
8852
Reqion:
* * * * * *
38
38
38 (100.0%)
22.87 days
*
Class1ficatn
Non-ma1l Com
Comm Prgms
Staff
Control Unit
COl/Major
"ltn/Rec
t . . ",
Operatn
Inst Program
Legal
Mail
Srch/Restrnt
Spec Housing
'1'ranSIer
CDC/Minor
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
Number &
Percen1:
Submitted
Number &
Percent
Rejected
o
o
a
6
o
o
38
o
o
o
o
o
a
a
o
0.0%
0.0%
11.8%
0.0%
0.0%
74.5%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
2
a
a
9
a
a
a
a
a
a
a
a
1
l.U={;
u
4
2
2
7.8%
0.0%
3.9%
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
TOTALS:
51 100·.0%
100.0%
% of Submitted:
% of Answered:
o
a
a
a
a
a
a
a
o
0.0%
0.0%
15.4%
0.0%
0.0%
69.2%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
u. u:c
15.4%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
13 100.0%
25.5%
ReRson for Rejection:
OC 0.0%)
tmely
OC 0.0%)
nformal resolution
1( 7.7%)
,. .dchments
KI/SSS
10/13/1993 14:44 BOP-O
4It
*
*
* * * * * *
Pendinq at End of Period:
Overdue:
REMEDIES INITIATED
SUBJECT
BREAKDOWN
19Se093
*
*
*
Number &
Percent
Filed
o
a
4
o
a
29
a
a
a
a
a
a
a
a
0.0%
0.0%
10.5%
0.0%
0.0%
76.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
1
l.b"'''
2
5.3%
0.0%
5.3%
o
2
o
o
a
o
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
38 100.0%
74.5%
*
*
*
*
*
*
*
*
*
*
**
*
*
Wrong level
Re-s\1tlmit
Other
*
*
*
14
a
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
a
a
a
a
o
a
0.0%
0.0%
7.9%
0.0%
0.0%
73.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1
l.bl£
4
2
10.5%
0.0%
5.3%
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
14.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.·0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
o
o
o
a
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
38 100.0%
4
N/A
3
a
a
28
a
a
a
a
a
a
a
a
a
100.0%
o
4
o
o
o
o
o
o
a
o
U
o
10.5%
0(0.0%)
4( 30.8%)
3( 23.1%)
-Ja'te or reauest:: ':'';/13/93
Summary Period: 21Jun93 thru
Number - of Honths Found: :;
COMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
CENTRAL OFFICE APPEALS FOR:
All Community Corrections
Number or Inmat:es In Population:
* * * * * * * *
,.
Filed Durina Period:
Answered Durina Period:
Answered On Time:
Average Time for Response:
Region:
8852
* * * * *
*
*
2
*
Classificat:n
Non-mail Com
Comm Prgms
Staff
Control Unit
COl/Major
Educatn/Rec
Pending at End of Period:
Overdue:
4
~
,
h~C
operatn
Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
Number &
Percent
Rejected
Number &
Percent
Filed
o
o
o
o
o
o
o
o
o
1
o
o
3
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
1
o
o
0.0%
0.0%
0.0%
0.0%
20.0%
0.0%
0.0%
TOTALS:
5 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
Untimely
No informal resolution
achments
e
KI/SSS
1
a
2 ( 50.0%)
56.00 days
Number &
Percent
Submitted
0.0%
0.0%
20.0%
0.0%
0.0%
60.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.·0%
* * * * * * * *
*
REMEDIES INITIATED
SUBJECT
BREAKDOWN
19Sep93
1
o
o
1
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
1
o
o
0.0%
0.0%
33.3%
0.0%
0.0%
33.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
33.3%
0.0%
0.0%
3 100.0%
60.0%
2
o
o
o
o
o
o
o
o
o
o
o
o
o
a
o
a
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
2 100.0%
40.0%
*
*
*
*
*
* *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.0%)
O(
0.0%)
1( 33.3%)
10/13/1993 14:46 BOP-O
Number &
Percent
Answered
Number &
Percent
Granted
o
o
o
o
o
o
o
o
o
o
o
o
a
o
a
o
a
o
a
o
a
a
a
o
o
o
a
o
2
a
o
1
a
o
o
a
a
o
a
a
a
a
o
a
a
a
a
a
1
0.0%
0.0%
50.0%
0.0%
0.0%
25.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
25.0%
0.0%
0.0%
*
a
**
*
4 100.0%
*
*
O(
REMEDIES RESOLVED
Wrong level
Re-submit
other
a
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
NIA
0.0%
1( 33.3%)
2( 66.7%)
O(
0.0%)
Date or
:J/IJ/93
Summary Per~od: 21Jun93 thru
Number of Months found: 2
COMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: Mid-Atlantic Region
reques~:
Number or
Inma~es
In Populatlon:
* * * * * * * *
*
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
*
*
Classificatn
Non-mail Com
comm Prgms
staff
Control unit
CCl'/Major
F
'.tn/Rec
5
5 (100.0%)
JO.13 days
~Ic
Inst
operatn
Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
:DC/Minor
visiting
Nork Assign
)ental Care
?orced Med
ofedical
oIental HI th
rail Time
~ecords
)entence Com
~OTALS:
i
i
of Submitted:
of Answered:
Number &
Percent
Rejected
a
a
a
a
a
a
a
a
a
a
2
a
a
a
a
a
a
a
a
a
2
a
a
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
4 100.0%
100.0%
te"c:on for Rejection:
.
mely
tt.nformal resolution
b __ 8chments
:I/SSS
2
o
o
o
o
o
o
a
a
o
2
a
a
o
a
o
a
a
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
50.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
50.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
4 100.0%
100.0%
O(
O(
O(
10/13/1993 9:07 BOP-O
0.0%)
0.0%)
0.0%)
*
* * * *
Pending at End of Period:
Overdue:
a
Number &
Percent
Submitted
0.0%
0.0%
0.0%
0.0%
0.0%
50.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
50.0%
0.0%
0.0%
11XR
* * * * * * * *
REMEDIES INITIATED
SUBJECT
BREAKDOWN
Region:
:139
::Aua93
*
*
o
o
REMEDIES RESOLVED
*
*
Number &
*
Percent
*
Filed
*
*
a o. 0% *
Number &
Percent
Answered
Number &
Percent
Granted
o
o
o
o
a
a
o
o
a
a
o
a
a
a
a
a
a
o
a
a
o
a
a
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0·.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
*
*
*
*
*
*
*
**
0.0%
0.0%
*
*
*
*
Wrong level
Re-submit
Other
o
a
3
o
o
o
o
o
o
o
o
o
2
o
o
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
60.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
40.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
5 100.0%
o
o
o
1
o
o
o
o
o
o
o
a
o
o
a
o
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
33.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1
N/A
a
o
o
20.0%
100.0%
OC
0.0%)
1( 25.0%)
2( 50.0%)
Jate
or
reques~:
Summary Period:
:lJun93 thru
Number of Months Found: 2
:8MMUNITY CORRECTIONS
ADMINIS7RATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: ~Jorth Central Region
10/13/93
e
~Jumber
* *'
of Inma't.es in Popula:'lon:
*
*
*
?57
Region:
12
Classl.ficat:n
Non-mail Com
Comm Prgms
Staff
Control Unit
CCM/Major
Educatn/Rec
9 (100.0%)
days
,
J. .... ~
Operatn
Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
Number &
Percent
Rejected
o
o
a
o
o
a
1
o
o
11
o
o
o
a
o
o
o
o
o
u
a
2
.0
o
o
o
o
o
o
0.0%
0.0%
7.1%
0.0%
0.0%
78.6%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
U.U1o
0.0%
14.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
TOTALS:
14 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
Untimely
. . informal resolution
. , lchments
KI/SSS
3
a
:1.89
Number &
Percent
Submitted
o
* * * * *
Pending at End of Period:
Overdue:
9
REMEDIES INITIATED
SUBJECT
BREAKDOWN
NCR
* * * * .. * * * * * * * * * * *
Filed Durinq Period:
Answered During Period:
Answered On Time:
Average Time for Response:
19SeD93
0.0%
0.0%
0.0%
0.0%
0.0%
2 100.0%
o 0.0%
a 0.0%
o 0.0%
o 0.0%
a 0.0%
a 0.0%
o 0.0%
a 0.0%
a 0.0%
o
0.0l{;
o 0.0%
a 0.0%
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
2 100.0%
14.3%
O(
O(
O(
10/13/1993 9:07 BOP-O
0.0%)
0.0%)
0.0%)
*
*
Number &
*
Percent
*
Filed
*
*
a 0.0% *
a 0.0% *
1
8.3% *
o 0.0% *
o 0.0% *
9
a
a
o
a
o
o
a
o
a
a
a
75.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
U.01o
2
0.0%
16.7%
a
o
o
o
o
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
12 100.0%
85.7%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
Wrong level
Re-submit
Other
REMEDIES
~ESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
a
a
1
o
o
6
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0l{;
0.0%
0.0%
o
o
0.0%
0.0%
11.1%
0.0%
0.0%
66.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
u
U.U1o
2
0.0%
22.2%
a
o
o
o
o
o
o
o
o
a
o
o
o
o
o
o
o
o
o
o
a
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
9 100.0%
o
NIA
o
o
o
o
o
o
o
100.0%
0.0%
O(
O(
O(
0.0%)
.0.0%)
0.0%)
Jate sr request: lO/lJ/93
Summary Period:
19Jul93 thru
Number of l10nths found: 2
:OMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: Northeast Region
Number sr Inmates in Population:
* *
*
*
* *
*
696
Region:
* * * * * * * * *
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
NER
* * * * * * * * * *
pending at End of Period:
Overdue:
2
1
1 (100.0%)
':'0.50
Class~ticatn
Non-mail Corn
Comm Prgms
Staff
Control Unit
cCM/Major
F~'\catn/Rec
e
Number &
Percent
Submitted
Number &
Percent
Rejected
o
o
1
a
o
o
o
1
a
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visitinc;
Work Assign
o
o
o
a
a
o
o
o
o
o
o
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
o
o
o
a
o
o
Il,~
Operatn
c. Program
a
0.0%
0.0%
50.0%
0.0%
0.0%
50.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
TOTALS:
2 100. 0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
TT.,timely
_ informal resolution
_
lchments
KI/SSS
o
a
o
a
o
o
o
o
a
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
*
*
Number &
*
Percent
*
Filed
*
*
o 0.0% *
o 0.0% *
1 50.0% *
o 0.0% *
o 0.0% *
1 50.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o 0.0% *
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
0.0%
0.0%
2 100.0%
100.0%
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
*
*
*
*
*
*
*
**
*
*
O(
O(
O(
10/13/1993 9:07 BOP-O
1
o
days
REMEDIES INITIATED
SUBJECT
BREAKDOWN
19Sep93
0.0%)
0.0%)
0.0%)
Wrong level
Re-submit
Other
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
o
o
o
o
o
1
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1 100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
N/A
0.0%
100.0%
O(
o(
O(
0.0%)
0.0%)
0.0%)
Jdte or reaues~: ':'J/IJ/9J
Summary Perl.od:
21Jun93 thru
Number of Honths Found: 3
COMMUNITY CORRECTIONS
ADMIUISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: South Central Region
It
Number of
Inma~es
in Population:
* * * * * * * *
*
Filed Durina Period:
Answered During Period:
Answered On Time:
Average Time for Response:
3680
SCR
Region:
* * * * * * * * * * * * * * * *
*
10
9
9
31.13
Pending at End of Period:
Overdue:
Classifica~n
Number &
Percent
Rejected
Number &
Percent
Filed
o
o
a
o
a
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visiting
Work Assign
a
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
Sentence Com
a
a
a
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
E~"catn/Rec
•
Operatn
~... Program
rOTALS:
g of Submitted:
g of Answered:
o
1
o
o
9
o
o
o
o
o
o
o·
a
1
o
o
11 100.0%
100.0%
o
a
a
1
a
a
a
a
a
a
a
a
a
a
o
o
a
a
a
a
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1 100.0%
9.1%
REMEDIES RESOLVED
*
Number &
Percent
Submitted
0.0%
0.0%
9.1%
0.0%
0.0%
81.8%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
9.1%
0.0li>
0.0%
0.0%
Non-mail Com
Comm Prgms
Staff
Control Unit
CCM/Major
4
a
(100.0%)
days
REMEDIES INITIATED
SUBJECT
BREAKDOWN
':'9Seo93
1
o
a
8
a
a
a
a
a
a
o
a
1
a
o
a
a
o
a
o
a
a
a
0.0%
0.0%
10.0%
0.0%
0.0%
80.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
10.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
10 100.0%
90.9%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
Number &
Percent
Answered
Number &
Percent
Granted
a
0.0%
0.0%
0.0%
0.0%
0.0%
14.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
N/A
o
0.0%
0.0%
11.1%
0.0%
0.0%
77.8%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
11.1%
0.0li>
0.0%
0.0%
o
o
o
o
a
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
a
a
a
a
1
a
a
a
a
a
a
a
a
a
a
a
a
a
o
a
a
a
a
a
9 100.0%
1
a
1
a
a
7
a
o
o
o
o
o
o
o
1
o
a
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
11.1%
~eason
for Rejection:
{T"'timely
~informal resolution
.1chments
~I/SSS
O(
O(
O(
10/13/1993 9:07 BOP-O
0.0%)
0.0%)
0.0%)
Wrong level
Re-submit
Other
O(
0.0%)
1(100.0%)
Q,C 0.0%)
Date or
reques~:
Summary Period: 21Jun93 thru
Number of Months Found: 3
COMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: Southeast Region
10/13/93
tit
Number of Inmates in Population:
773
Region:
SER
* * * * * * * * * * * * * * * * * * *
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
Classificatn
Non-mail Com
Comm Prgms
Staff
Control unit
CCM/Major
E~"catn/Rec
e
J.h_..
Operatn
Program
Legal
Mail
Srch/Restrnt
spec Housing
Transfer
CDC/Minor
Visiting
Work Assign
Dental Care
Forced Med
Medical
Mental Hlth
Jail Time
Records
sentence Com
Number &
Percent
Filed
a
a
a
a
o
o
a
o
o
5
a
a
a
o
o
o
a
o
a
o
a
a
a
o
o
o
o
o
a
0.0%
0.0%
12.5%
0.0%
0.0%
87.5%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
o
2
a
o
o
a
a
o
o
o
o
o
a
a
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
a
o
o
o
a
o
TOTALS:
8 100.0%
% of Submitted:
100.0%
% of Answered:
Reason for Rejection:
TT"'timel y
~ informal resolution
•
\chments
KI/SSS
1
o
0.0%
0.0%
33.3%
0.0%
0.0%
66.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
3 100.0%
37.5%
O(
0.0%)
O(
0.0%)
1( 33.3%)
10/13/1993 9:07 BOP-O
REMEDIES RESOLVED
*
Number &
Percent
Rejected
1
2
o
5 (100.0%)
13.67 days
Number &
Percent
Submitted
o
a
7
o
o
o
a
a
a
o
a
o
o
a
o
o
o
o
o
o
o
o
* * * * * * *
Pending at End of Period:
Overdue:
5
5
REMEDIES INITIATED
SUBJECT
BREAKDOWN
:9SeD93
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
5 100.0%
62.5%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
Wrong level
Re-submit
Other
Number &
Percent
Answered
Number &
Percent
Granted
o
a
a
o
a
a
1
a
a
a
o
o
o
o
5
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0lf>
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
o
o
a
a
a
a
a
a
a
o
o
a
a
a
o
o
5 100.0%
1
o
o
o
a
a
o
o
o
o
o
o
o
o
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
20.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
N/A
20.0%
O( 0.0%)
2( 66.7%)
O(
.0.0%)
~ate
J
of
Summary P
' d
~1J un 93 th ru
er10:
~
Number of Months Found: J
COMMUNITY CORRECTIONS
ADMINISTRATIVE REMEDIES TRACKING DATA
REGIONAL OFFICE APPEALS FOR:
CC: ~vestern Region
rea.ues~:
10/13/93
tit
Number of Inmates in
Popula~ion:
1607
195ep93
WXR
Region:
* * * * * * * * *" * * * * * * * * * * * * * * * *
Filed During Period:
Answered During Period:
Answered On Time:
Average Time for Response:
9
Pending at End of Period:
Overdue:
9
9 (100.0%)
17.90 days
REMEDIES INITIATED
SUBJECT
BREAKDOWN
Classlficatn
Non-mail Com
Comm Prgms
staff
Control Unit
COl/Major
Eci 11catn/Rec
..
operatn
~ ... Program
Legal
Mail
Srch/Restrnt
Spec Housing
Transfer
CDC/Minor
Visiting
~iork Assign
Dental Care
Porced Med
\{edical
-Iental HI th
rail Time
~ecords
3entence Com
~OTALS:
; of Submitted:
i of Answered:
Number &
Percent
Submitted
Number &
Percent
Rejected
Number &
Percent
Filed
o
o
2
o
o
8
o
a
o
o
o
a
o
o
o
2
o
o
o
o
o
o
o
o
o
o
o
o
o
1
o
o
0.0%
0.0%
16.7%
0.0%
0.0%
66.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
16.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
12 100. 0%
100.0%
for Rejection:
{T"timely
~ lnformal resolution
..,lchments
4
o
0.0%
0.0%
1
33.3%
o 0.0%
O.
o. 0%
2 66.7%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o 0.0%
o
o
o
o
o
o
o
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
3 100.0%
25.0%
6
a
a
a
a
a
o
o
o
o
2
o
o
a
o
a
a
a
o
a
0.0%
0.0%
11.1%
0.0%
0.0%
66.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
22.2%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
9 100.0%
75.0%
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
*
*
REMEDIES RESOLVED
Number &
Percent
Answered
Number &
Percent
Granted
o
o
1
o
a
6
o
o
o
o
o
o
o
o
o
2
o
o
o
o
a
o
o
o
a
o
o
o
a
a
1
a
a
a
a
a
a
o
o
a
o
o
o
a
a
o
o
o
o
a
0.0%
0.0%
0.0%
0.0%
0.0%
16.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
1
N/A
~
0.0%
0.0%
11.1%
0.0%
0.0%
66.7%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
22.2%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
11.1%
100.0%
~eason
35
O(
O(
O(
10/13/1993 9:07 BOP-O
0.0%)
0.0%)
0.0%)
Wrong level
Re-submit
Other
0.0%)
0.0%)
1( 33.3%)
O(
O(