Fbop Mxr Monthly and Quarterly Reports 1992may-dec
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11/09/1992 13:11:04 ---------------FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE ------------------------~--------------------------------~---------------- SUBJECT: OCTOBER MONTHLY REPORT DATE: NOVEMBER 6, 1992 -------------------------------------------------------------------------- TO: WALLACE H. CHENEY GENERAL COUNSEL FROM: BILL BURLINGTON REGIONAL COUNSEL ************************************************************************** LITIGATION SUMMARY: 10 NEW CASES WERE OPENED DURING THE MONTH. 3 NEW BIV; AND 1 EEO. 36 CASES WERE CLOSED DURING THE. MONTH. 1 BIV/FTC WERE CLOSED. 6 OF THE NEW CASES WERE HC; 11 HC; 2 FTC; 22 BIV; AND 13 ANSWERS COMPLETED. ADMINISTRATIVE REMEDIES: 67 APPEALS WERE ACCEPTED DURING THE MONTH. 11/09/1992 13:11:07 INCLUDED IN THE 67 WERE ---------------- 13 DHO; 1 SPHi 3 MED; 4 MHi 2 LEG; AND 2 FD. 85 APPEALS WERE CLOSED WITH 17 BEING GRANTED AND 68 DENIED. WERE PENDING AT THE END OF OCTOBER. 4~ APPEALS TORT CLAIMS: A TOTAL OF 38 NEW CLAIMS WERE RECEIVED. 33 PP; 4 P1; AND 1 PPP1. A TOTAL OF 44 CLAIMS WERE CLOSED DURING, THE MONTH. THE END OF THE MONTH. 144 WERE PENDING AT TRAVEL AND LEAVE: BILL BURLINGTON: 11/09/1992 • 13:11:12 FCI, LEXINGTON 11-9 & 11-10, STAFF ASSISTANCE VISIT. REGIONAL OFFICE 11-16 & 17, ETHICS TRAINING. STRATEGIC PLANNING SESSION 11-18 WITH NANCY REDDING AT MARO. USP, TERRE HAUTE 11-30, ETHICS TRAINING. ANNUAL LEAVE 11-27. ---------------------- MARIAN CALLAHAN: NO TRAVEL PLANNED. 11-25 AND 11-27 • MICHAEL PYBAS: ANNUAL LEAVE 11-12 & 13. USP, TERRE HAUTE 11-30, ETHICS TRAINING. MARY WILBURN: ANNUAL LEAVE 11-8 & 9. FT. MCHENRY ON 11-12 FOR AFFIRMATIVE ACTION COMMITTEE ANNUAL LEAVE SCHEDULED FOR ........... TRAINING. MICHAEL SULLIVAN: ANNUAL LEAVE 11-6. NO TRAVEL SCHEDULED. *WE ARE STILL CELEBRATING MICHAEL'S GRADUATION WITH HONORS FROM GLYNCO* MILT WILLIAMS: ANNUAL LEAVE 11-27. KATHY HARRIS: NEW PARALEGAL TRAINEE SCHEDULED TO REPORT WEEK OF 11-29. 11/09/1992 13:11:16 NO TRAVEL SCHEDULED. ---------------- TRIALS AND HEARINGS: l/MADISON V. USA, SD/IL (USP, TERRE HAUTE)--TRIAL SCHEDULED FOR NOVEMBER 3RD WAS STRICKEN TO BE RESCHEDULED, MOST LIKELY EARLY IN 1993. JUDGE STIEHL HAS TRANSFERRED THE CASE TO JUDGE GILBERT'S DOCKET. THIS IS AN FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE THE PLAINTIFF WAS INCARCERATED AT USP, TERRE HAUTE IN EARLY °1980'S. PLAINTIFF, WHO HAS LOST THE FUNCTION OF BOTH KIDNEYS, IS SEEKING $1.5 MILLION IN DAMAGES. ,1{ OTHER CASES OF INTEREST: PETERSON V. BOGAN, ED/MI (FCI, MlLAN)--THE ADVERSE DECISION OF THE COURT ORDERING THAT AN INMATE'S MARRIAGE TO A FORMER CONTRACT TEACHER BE ALLOWED HAS BEEN CHALLENGED BY THE FILING OF A MOTION TO RECONSIDER AND FOR A STAY. THE REQUEST TO MARRY HAD BEEN DENIED BY THE WARDEN DUE TO SERIOUS SECURITY CONCERNS, PARTICULARLY THE "RIPPLE EFFECT" SUCH MARRIAGE COULD HAVE ON EFFORTS TO PREVENT IMPROPER STAFF-INMATE RELATIONSHIPS FROM FORMING IN THE FUTURE. IF THE COURT DENIES RELIEF, WE ANTICIPATE THE FILING OF AN IMMEDIATE APPEAL AND STAY REQUEST WITH THE SIXTH CIRCUIT. 11/09/1992 13:11:20 ================ HIGDON V. USA,oND/WVA (FCI, MORGANTOWN)--FTCA SUIT ALLEGING DELAY IN TREAT MENT RESULTED IN LOSS OF EYESIGHT IN ONE EYE. AFIP REPORT ON CASE QUESTIONS THE STANDARD OF CARE PROVIDED. AUTHORIZATION WAS RECEIVED FROM CENTRAL OFFICE 10-30-92 TO SETTLE CASE UP TO $15,000. BENSON V. USDOJ, ED/KY (FCI, LEXINGTON)--CORRECTIONAL OFFICER ALLEGES GENDER BASED DISCRIMINATION AS CAUSE OF HER REMOVAL FROM ELECTRONICS CABLE FOREMAN TRAINEE POSITION TO CORRECTIONAL OFFICER. SHE APPROXIMATES LOSS OF WAGES AND BENEFITS AT $75,000 AND ASKS $25,000 FOR MENTAL ANGUISH. PLAINTIFF IS REPRESENTED BY COUNSEL. ---------------- 13:13:21 11/09/1992 11-09-1992 TO: UNITED STATES GOVERNMENT MEMORANDUM WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS WASHINGTON, D.C. 20534 FROM: DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106 SUBJECT: LEGAL ACTIVITIES REPORT, NORTHEAST REGION -- 6C/-r- ************************************************************************** ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT 1992 JAN FEB MAR APR MAY JUN ADMINISTRATIVE REMEDIES JUL AUG SEP OCT 70 63 70 78 77 111 63 30 30 109 58 81 81 111 122 70 70 108 106 72 72 86 96 62 # PENDING ON FIRST # RECEIVED IN MONTH # ANSWERED IN MONTH # PENDING END OF MO # OVER 30 DAYS 31 49 48 32 0 32 45 60 67 115 117 54 100 107 45 60 70 000 o DEC NOV DEC NOV DEC LSCI 0 o JAN FEB MAR APR MAY JUN JUL AUG SEP OCT # PENDING ON FIRST 148 159 143 151 142 113 # RECEIVED IN MONTH 45 38 54 52 47 73 # PENDING END OF MO 159 143 151 142 113 128 # OVER 6 MONTHS 0 0 0 0 0 0 128 60 47 141 0 141 79 50 170 0 170 81 41 210 210 66 80 196 FOI/PRIVACY (1992) JUL AUG SEP OCT 102 37 42 97 60 97 45 44 98 72 98 29 21 106 87 106 36 12 130 98 TORT CLAIM INVESTIGATION STATUS: AS OF 10/31/1992 ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH 14 13 11 11/09/1992 TORT CLAIMS (1992) # ANSWERED IN MONTH # PENDING ON FIRST # ANSWERED IN MONTH # PENDING END OF MO # OVER 30 DAYS 13:13:28 34 54 46 61 76 58 JAN FEB MAR APR MAY JUN # RECEIVED IN MONTH /09/1992 o ---------------- 13:13:25 # PENDING # INV OVER 60 DAYS o o NOV 66 27 34 59 44 4 o 59 43 39 63 42 63 61 48 76 36 7 o 76 47 51 72 47 72 76 16 88 12 62 76 102 63 46 30 60 18 12 26 6 2 1 1 1 JUL 296 AUG 312 o o 0 o o ================ LITIGATION ACTIVITY, 1992, NORTHEAST REGION JAN FEB MAR APR MAY JUN # CASES OPEN 247 253 259 264 273 278 SEP OCT NOV DEC 322 281 o o • .... ° # # # # # # # # NEW CASES RECD 10 LIT REP DONE 11 CASES CLOSED 12 HABEAS CORPUS 1 FTCA 2 BIVENS 4 3 OTHER 0 BIVENS & FTCA 11 6 5 5 2 1 3 0 17 11 11 7 0 5 5 0 12 8 7 3 1 2 6 0 20 23 11 12 0 4 3 1 21 16 15 5 1 8 7 0 30 21 12 7 0 13 10 0 26 20 10 9 3 6 6 2 18 22 8 6 2 4 5 1 20 18 61 6 4 9 1 0 LITIGATION OF NOTE: 1. IN RE BRYANT, CASE NO: 92-CAA-4 {ALJ OCT. 23, 1992} INMATE AT USP LEWISBURG FILED COMPLAINT WITH DEPT. OF LABOR ASSERTING HARASSMENT IN HIS WORK ASSIGNMENT IN UNICOR. THE INMATE REQUESTED "WHISTLEBLOWER" PROTECTION UNDER THE CLEAN AIR ACT AND THE TOXIC SUBSTANCE CONTROL ACT. THE ALJ HELD THAT THE INMATE IS NOT AN EMPLOYEE UNDER THE ACTS. 11/09/1992 2. 13:13:33 ---------------- YARDEN V. COOKSEY, CIVIL NO. 92-4321 {DNJ} INMATE AT FCI FAIRTON WAS SCHEDULED FOR TRANSFER TO FCI OAKDALE FOR INS DEPORTATION HEARING. ATTORNEY FILED PETITION FOR HABEAS CORPUS AND MOTION FOR RESTRAINING ORDER TRYING TO BLOCK TRANSFER. PETITION ASSERTED THAT DEPORTATION HEARING NEEDED TO BE HELD NEAR BOSTON, NOT IN LOUISIANA. ON OCTOBER 9,1992, JUDGEoIRENAS HELD EMERGENCY HEARING. ON OCT. 14, 1992, JUDGE IRENAS DISMISSED PETITION AND DENIED MOTION FOR RESTRAINING ORDER. 3. CARDIFF CIRCLE V. UNITED STATES, 92 CV 4323 {DNJ} FTCA COMPLAINT HAS NOW BEEN FILED STEMMING FROM 4/92 FCI FAIRTON SORT TEAM EXERCISE. SMOKE BOMBS USED BY SORT TEAM ACCIDENTALLY CAUSED ABANDONED BUILDING TO BURN DOWN. BUILDING HAD BEEN USED BY LOCAL POLICE FOR THEIR TRAINING EXERCISES. PRIVATE OWNER REJECTED SET EMENT OFFER OF $10,000 UNDER ADMINISTRATIVE T6RT CLAIM. THE MAIN UE IN THE LITIGATION WILL BE THE VALUE OF THE DESTROYED BUILDING. ° SETTLEMENTS AND AWARDS 1. MARGIOTTA V. U.S. BUREAU OF PRISONS, 91-228E {WDPA} 11/09/1992 13:13:37 ---------------- FTCA CASE FOR PROPERTY LOST ON TRANSFER FROM FCI MCKEAN TO FCI OXFORD IN OCTOBER 1990. INMATE SOUGHT DAMAGES OF $545.95. ORIGINAL POSTURE IN ANSWER TO COMPLAINT WAS THAT INMATE RECEIVED ALL PROPERTY AT OXFORD. ADDITIONAL EVIDENCE SURFACED THAT ONE BOX OF PROPERTY WAS SENT BY FCI MCKEAN, BUT NOT RECEIVED AT FCI OXFORD. ALTHOUGH BOP COULD HAVE SHIFTED BLAME TO POST OFFICE, THE AUSA AND I FELT IT BEST TO SETTLE FOR $150. TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 1992: DAVE ESSIG TRAVEL--NONE SCHEDULED • ANNUAL LEAVE--NOV. 25 & 27 HANK SADOWSKI TRAVEL--NONE SCHEDULED ANNUAL LEAVE--NONE SCHEDULED TERESA HUGHES TRAVEL--NONE SCHEDULED 11/09/1992 13:13:41 ---------------- ANNUAL LEAVE--NOV. 23-30 AZZMEIAH VAZQUEZ-SPICER TRAVEL--NOV. 2-20 - BASIC TRAINING - GLYNCO ANNUAL LEAVE--NONE SCHEDULED A ~S: ~;~uDIX TERESA HUGHES HAS BEEN SELECTED FOR THE PARALEGAL POSITION·AT AND IS EXPECTED TO TRANSFER IN MID-JANUARY, 1993. ('n A(l...o 12i16/1992 07:22:04 ================ FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE ************************************************************************** SUBJECT: NOVEMBER MONTHLY REPORT DATE: DECEMBER 15, 1992 ************************************************************************** TO: WALLACE H. CHENY FROM: BILL BURLINGTON GENERAL COUNSEL REGIONAL COUNSEL ************************************************************************** LITIGATION SUMMARY: 16 NEW CASES WERE OPENED DURING THE MONTH. 9 OF THE NEW CASES WERE HC; 3 NEW BIV; AND 40TH. 35 CASES WERE CLOSED DURING THE MONTH. AND 30TH. 18 HC; 10 BIV; 2 FTC; 2 FTC/BIV; 13 ANSWERS WERE COMPLETED. ADM INISTRATIVE REMEDIES: 91 APPEALS WERE ACCEPTED DURING THE MONTH. 12/16/1992 07:22:30 INCLUDED IN THE ACCEPTED ================ APPEALS WERE 17 DHO; 0 SPH; 6 MED; 1MH; 6 LEG; AND 0 FD. 72 APPEALS WERE CLOSED WITH 17 BEING GRANTED; 54 DENIALS; AND 1 OTHER. 66 APPEALS WERE PENDING AT THE END OF NOVEMBER. TORT CLAIMS: A TOTAL OF 48 CLAIMS WERE RECEIVED DURING THE MONTH. 1PPPI; AND 3 REFERRALS. 34 PP; 10 PI; A TOTAL OF 35 CLAIMS WERE CLOSED DURING THE MONTH. 3 OFFERS OF SETTLEMENT WERE MADE. 157 CLAIMS WERE PENDING AT END OF MONTH. TRAVEL AND LEAVE: BILL BURLINGTON: REGIONAL COUNSEL 12/16/1992 07:23:12 USP, TERRE HAUTE 12-1 & 2, ETHICS TRAINING FPC, SEYMOUR JOHNSON 12-4, ETHICS TRAINING FCI, ESTILL 12-7 & 8, ETHICS TRAINING MCFP, SPRINGFIELD, 12-14, WITNESS TRAVEL ANNUAL LEAVE, 12-28 & 29. ================ MARIAN CALLAHAN: ASST. R.C. ANNUAL LEAVE 12-4 FCI, PETERSBURG 12-10 & 11, ETHICS TRAINING. FCI, LEXINGTON 12-15 & 16, ETHICS TRAINING. MICHAEL PYBAS: ASST. R.C. USP TERRE HAUTE 12-1 & 2, ETHICS TRAINING FCI ASHLAND 12-9 & 10 ETHICS TRAINING FCI MANCHESTER 12-14 & 15, ETHICS TRAINING ANNUAL LEAVE 12-28 THRU 12-31. MARY WILBURN: ASST. R.C. NO SCHEDULED A/L OR TRAVEL FOR MONTH. MICHAEL SULLIVAN: ANNUAL LEAVE 12-3 THROUGH 12-11. LEAVE 12-17 & 18. MILT WILLIAMS: PARALEGAL NO SCHEDULED A/L OR TRAVEL. KATHY HARRIS: FOIA TRAININIG NERO 12-8 & 9. ANNUAL LEAVE 12-23 & 24. 12/16/1992 07:23:27 ================ TRIALS AND HEARINGS: US V. ADCOX (CRIMINAL) (SD/IN) TRIAL IS SCHEDULED TO BEGIN ON DECEMBER 7, 1992 CONCERNING THE MURDER OF AN INMATE AT USP-TERRE HAUTE ON JULY 6, 1991. THIS IS A REHEARING DUE TO FIRST TRIAL ENDING IN A MISTRIAL. DEFENDANT IS ACTING AS HIS OWN COUNSEL WITH A COURT APPOINTED ATTORNEY. THE TRIAL IS EXPECTED TO LAST AT LEAST THREE DAYS. OTHER CASES OF INTEREST: MARTIN V. BARR (ED/KY) AFRICAN AMERICAN FMC/LEX RECREATION SPECIALIST ALLEGES DISCRIMINATION BASED ON RACE OCCURRED WHEN WARDEN SELECTED LESS QUALIFIED WHITE MALE FOR PROMOTION. DOJ ADMINISTRATIVE DECISION HELD AGENCY JUSTIFIED IN SELECTING THE LESS QUALIFIED APPLICANT OVER PLAINTIFF. YOUNG V. USA (ED/KY) FTCA & BIVENS MEDICAL MALPRACTICE CASE CONCERNING FMC LEXINGTON. 12/16/1992 07:23:40 ================ PLAINTIFF ALLEGES NEGLIGENCE IN FAILURE TO PERFORM MANDATORY TESTS WHICH WOULD HAVE DISCLOSED OVARIAN OR ENDOMETRIAL CANCER BEFORE DISEASE REACHED TERMINAL STATE. THE MRR ENTERED NOVEMBER 16, 1992 RECOMMENDS THAT BIVENS CLAIMS AGAINST INDIVIDUALS BE DISMISSED AND THAT CASE PROCEED AS FTCA ONLY AGAINST USA. HIGDON V. USA, ND/WVA (FCI, MORGANTOWN) -- FTCA SUIT ALLEGING DELAY IN TREATMENT RESULTED IN LOSS OF EYESIGHT IN ONE EYE. AFIP REPORT ON CASE QUESTIONS THE STANDARD OF CARE PROVIDED. AUTHORIZATION WAS RECIEVED FROM CENTRAL OFFICE 1030-92 TO SETTLE UP TO $15,00. AUSA REPORTED THAT SETTLEMENT AGREEMENT REACHED IN THE AMOUNT OF 12,000. AUSA IS PROCESSING SETTLEMENT. ~ CAMERON V. DUBOIS, (USP, TERRE HAUTE) (SD/IN) BIVENS MEDICAL TREATMENT CASE. PLAINTIFF ALLEGES THAT DEFENDANTS VIOLATED HIS CONSTITUTIONAL RIGHTS BY DENYING HIM A MEDICALLY PRESCRIBED, LOW-SALT, LOW-FAT DIET WHILE AT TERRE HAUTE. A CASE WITH THE SAME CLAIM AND FACTS ·. WAS DISMISSED IN THE FDCD AND IS CURRENT ON APPEAL IN CADC, ,CASE NO. 915055. SO/IN COURT DISMISSED CASE WITH PREJUDICE ON BASIS OF ISSUE AND CLAIM PRECLUSION. 06/04/1992 10:04:26 ================ FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE SUBJECT: TO: MAY MONTHLY REPORT WALLACE H. CHENEY GENERAL COUNSEL 10 NEW CASES FILED THIS MONTH. DATE: JUNE 3, 1992 FROM: CAROLYN A. SABOL REGIONAL COUNSEL 4 CASES CLOSED. TRAVEL: CAROLYN SABOL: ANNUAL LEAVE 6/4 TO 6/5 TO ALEXANDRIA 6/12 FOR HEARING IN REED. TO WARDEN'S CONFERENCE 6/22 - 6/27 (BILL BURLINGTON ACTIN REGIONAL DIRECTOR AND REGIONAL COUNSEL) AL MUNGIA HAS REPORTED TO LEXINGTON AS THE NEW ATTORNEY. 06/04/1992 10:04:31 JEFF TOENGES: LAST DAY 6/26 TRAILS AND HEARINGS: A HEARING WAS HELD 5/18 IN BARRY V. WHELAN. THE COURT' WAS MOS~:INTERESTE IN ISSUE REGARDING THE DISCIPLINARY ACTION AND APPEAREDCONVI~OF THE PROCEDURAL DEFENSES. RAISED ON··· BEHALF OP· THE) DEFENDANTS" OTHER· 'rIIAlt'!oTHE DHO. THE PLAINTIFF 'ALSO' DISMISSED WITH' PREJUDICE THE: SUIT AGMRS'f·;:c WARDEN WHELAN. THE HEARING SCHEDULED FOR MAY 18 IN TOMLIN V. U. S WAS CANCELLED AFTER W MR. TOMLIN WAS REDESIGNATED FROM BIG SPRING TO THE MAIN INSTITUTION IN ASHLAND. THIS SEEM TO SATISFY JUDGE WILHOIT. A HEARING IS SCHEDULED ON JUNE 12 IN REED V. BRAXTON, AN EASTERN DISTRICT OF VIRGINIA CASE INVOLVING SENTENCE COMPUTATION. THE INMATE WAS SERVING A D.C. SENTENCE WHEN HE THEN RECEIVED A FEDERAL CCCA SENTENCE. HE WAS TRANSFERRED TO OTISVILLE WITH ONLY THE FEDERAL J & C AND HE WAS TOLD HE HAD SERVED THAT SENTENCE. WHEN HE WAS THEN TRANSFERRED TO A ASHLAND THE SENTENCE COMPUTATION REVIEW FOUND THE D.C. J & C AND REALIZED THE 06/04/1992 10:04:37 FEDERAL SENTENCE SHOULD HAVE BEEN SERVED CONSECTUTIVELY. THE INMATE IS ALLEGING HE HAS A RIGHT TO RELY ON OUR INITIAL DETERMINATION THAT HE SERVl SERVED HIS FEDERAL SENTENCE AND HE NEED NOT SERVE THE FOURTEEN MONTHS AFTER COMPLETION OF HIS D.C. SENTENCE. I WILL BE ARGUING THE CASE FOR THl GOVERNMENT. ~ . . 06/10/1992 ================ 15:00:46 06-10-1992 TO: UNITED STATES GOVERNMENT MEMORANDUM WALLACE H. CHENEY, GENERAL COUNSEL, FEDERAL BUREAU OF PRISONS WASHINGTON, D.C. 20534 FROM: DAVE ESSIG, REGIONAL COUNSEL, NORTHEAST REGION FEDERAL BUREAU OF PRISONS, PHILADELPHIA, PA. 19106 SUBJECT: LEGAL ACTIVITIES REPORT, NORTHEAST REGION ************************************************************************* ADMINISTRATIVE LEGAL ACTIVITIES--SUMMARY REPORT JUL AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC TORT CLAIM INVESTIGATION STATUS: AS OF 5/31/1992 ALW DAN FAI LEW LOR MCK NYM OTV RBK SCH 18 6 18 3 6 8 0 AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 1992 ADMINISTRATIVE REMEDIES # # # # # PENDING ON FIRST RECEIVED IN MONTH ANSWERED IN MONTH PENDING END OF MO OVER 30 DAYS 06/10/1992 15:00:50 70 70 77 63 0 JAN FEB MAR APR MAY JUN PENDING ON FIRST 148 159 143 151 142 RECEIVED IN MONTH 45 38 54 52 47 ANSWERED IN MONTH 34 54 46 61 76 PENDING END OF MO 159 143 151 142 113 0 0 0 0 0 OVER 6 MONTHS JAN FEB MAR APR MAY JUN FOI/PRIVACY (1992) # # # # # 32 45 60 67 115 117 54 100 107 45 60 70 0 0 0 ================ TORT CLAIMS (1992) # # # # # 31 49 48 32 0 PENDING ON FIRST RECEIVED IN MONTH ANSWERED IN MONTH PENDING END OF MO OVER 30 DAYS # PENDING # INV OVER 60 DAYS 06/10/1992 15:00:53 66 27 34 59 44 1 0 59 43 39 63 42 63 61 48 76 36 7 0 76 47 51 72 47 15 0 72 16 12 76 63 18 0 9 0 9 1 0 ================ LITIGATION ACTIVITY, 1992, NORTHEAST REGION JAN FEB MAR APR MAY JUN # CASES OPEN 247 253 259 264 273 # NEW CASES RECD 10 11 17 12 20 # LIT REP DONE 11 6 11 8 23 # CASES CLOSED 12 5 11 7 11 JUL .. ..# # # # # HABEAS CORPUS FTCA BIVENS OTHER BIVENS & FTCA 1 2 4 3 0 5 2 1 3 0 7 0 5 5 0 3 1 2 6 0 12 0 4 3 1 LITIGATION OF NOTE: 1. U.S. V. WILLIAM MOTTO, 85-CR-214-2 (EDPA) INMATE, NOW AT FCI DANBURY, SERVING OLD LAW SENTENCE OF 13 YEARS, FILED RULE 35 MOTION TO REDUCE AFTER A RESENTENCING IN OCTOBER 1991. JUDGE SHAPIRO HAS SCHEDULED A HEARING FOR JUNE 17, 1992. INMATE HAS MANDATORY 06/10/1992 15:01:05 ---------------- RELEASE DATE FOR FEBRUARY 5, 1993. INMATE WANTS SENTENCE REDUCTION BECAUSE BOP DENIED CCC PLACEMENT FOR 60 DAYS AND BECAUSE OF MEDICAL PROBLEMS. HANK SADOWSKI WILL REPRESENT BOP AT THE HEARING. SETTLEMENTS AND AWARDS: 1. COA-PENA V. UNITED STATES, CIVIL NO. 90-0160 (EDPA) FTCA CASES FILED BY INMATE AT USP LEWISBURG ALLEGING PROPERTY LOSS ON TRANSFER FROM FCI RAY BROOK TO USP LEWISBURG. INMATE REQUESTED $431.60. LEW PARALEGAL JEFF FROMME GOT INMATE TO SETTLE CASE FOR SIX PAIR OF CONFISCATED SNEAKERS. 2. PEREZ V. UNITED STATES, CIVIL NO. 91-CV-7264 (WDPA) FTCA CASE ALLEGING MEDICAL MALPRACTICE AT FCI LORETTO. INMATE HAD OUTPATIENT SURGERY FOR SINUSITIS. CONSULTANT DOCTOR DIRECTED HE BE RETURNED WITHIN 3 DAYS. INMATE NOT RETURNED AS DIRECTED. 40 DAYS AFTER SURGERY, INMATE COMPLAINS OF FUNNY SMELL, HEADACHES, AND BLOCKAGE IN NOSE. 17 DAY: LATER, IT WAS DISCOVERED THAT A TEFLA PAD WAS LEFT IN HIS NOSE FROM THE ORIGINAL SURGERY. CASE SETTLED FOR $12,000. 06/10/1992 15:01:16 ================ TRAVEL AND LEAVE SCHEDULE FOR JUNE 1992: DAVE ESSIG TRAVEL - NONE SCHEDULED ANNUAL LEAVE-- JUNE 1-5 HANK SADOWSKI TRAVEL--JUNE 15 - FCI DANBURY ANNUAL LEAVE--JUNE 29 - JULY 2 (ASBESTOS LITIGATION) TERESA HUGHES--ANNUAL LEAVE AND TRAVEL - NONE SCHEDULED MIKE TAFELSKI TRAVEL--JUNE 5 - USP LEWISBURG ANNUAL LEAVE--NONE NOTED. (CONFERENCE WITH WITNESSES) . '. .MIKE TAFELSKI IS SCHEDULED TO REPORT FOR REASSIGNMENT TO USP LEWISBURG ON JUNE 29, 1992. PARALEGAL PATTY GOTTS REPORTED TO FCI, DANBURY ON MONDAY, JUNE 8. 07/06/1992 14:48:38 ================ FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE SUBJECT: TO: JUNE MONTHLY REPORT WALLACE H. CHENEY GENERAL COUNSEL DATE: JULY 6, 1992 FROM: CAROLYN A. SABOL REGIONAL COUNSEL 12 NEW CASES FILED THIS MONTH. TRAVEL: MARY WILBURN: ANNUAL LEAVE 7/6 TO 710 MARIAN CALLAHAN: ANNUAL LEAVE 7/2 THROUGH 7/6 BILL BURLINGTON: TO MORGANTOWN ICP 7/27 TO 7/30. 07/06/1992 14:48:44 ---------------- TRAILS AND HEARINGS: A HEARING WAS HELD ON JUNE 12 IN REED V. BRAXTON, AN EASTERN DISTRICT OF VIRGINIA CASE INVOLVING SENTENCE COMPUTATION. THE INMATE WAS SERVING A D.C. SENTENCE WHEN HE THEN RECEIVED A FEDERAL CCCA SENTENCE. HE WAS TRANSFERRED TO OTISVILLE WITH ONLY THE FEDERAL J & C AND HE WAS TOLD HE HAD SERVED THAT SENTENCE. WHEN HE WAS THEN TRANSFERRED TO A ASHLAND THE SENTENCE COMPUTATION REVIEW FOUND THE D.C. J & C AND REALIZED THE FEDERAL SENTENCE SHOULD HAVE BEEN SERVED CONSECTUTIVELY. THE INMATE IS ALLEGED HE HAD A RIGHT TO RELY ON OUR INITIAL DETERMINATION THAT HE SERVE SERVED HIS FEDERAL SENTENCE AND HE NEED NOT SERVE THE FOURTEEN MONTHS AFTER COMPLETION OF HIS D.C. SENTENCE. THE COURT DISAGREED AND RULED FRO THE BENCH THAT OUR ACTIONS WERE APPROPRIATE IN LIGHT OF THE FEDERAL COURT RULING OF A CONSECTUTIVE SENTENCE. THE INMATE HAS ALREADY FILED HIS NOTICE IN THE COURT OF APPEALS. OPINION FILED: 07/06/1992 14:48:52 ================ THE COURT RULED IN BARRY V. WHALEN THAT ALL THE DEFENDANTS ~·{DISMISSED ON QUALIFIED IMMUNITY GROUNDS AND ON FAILURE TO STATE A CONSTrrDTIONAL CLAIM. THE COURT DID GIVE BARRY LEAVE TO AMERD THE COMPLAINT WITH REGARD TO THE ALLEGATION THAT THE DBO HAD HIS MIND MADE UP BEFORE THE ~NG. THE COllR'l.- STATED SPBClnc-. . . . ._ . . .PSe ...'IB&IJD;• •·tIU'Ik.~g.~ ALLEGATION. " ALTHOUGH IT IS TWO WEEKS TODAY SINCE THE: RULING, ROt'SOCIf'AMERDlIENT'" HAS' BEER' FILED. iJ'IIB:i'COUR'r ~ GAVE' BARRY"l 0 DAYS" '1'0' PILEr suar' All,· AMENDMENT. ~.j 08/05/1992 ---------------- 07:08:54 FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE SUBJECT: JULY MONTHLY REPORT DATE: AUGUST 4, 1992 TO: WALLACE H. CHENEY GENERAL COUNSEL FROM: BILL BURLINGTON REGIONAL COUNSEL 11 NEW CASES FILED THIS MONTH. 10 CASES CLOSED. TRAVEL AND LEAVE: BILL BURLINGTON: MICHAEL PYBAS: 08/05/1992 HOUSEHUNTING 7-31 THROUGH 8-5. ANTICIPATE REPORTING AT FCI-BUTNER 8-17 REPORTED TO MARO FROM NCRO ON 7-19 TRAINING AT FCI-PETERSBURG 8-6 ICP AT FCI-MILAN 8-24 THROUGH 8-27 07:08:59 MARY WILBURN: ---------------- TO DC TORTS BRANCH ON FLECHSIG V. US 8-3 TO ALEXANDRIA, VA ON THOMAS V. WHALEN MOTIONS 8-7 MARIAN CALLAHAN: MILT WILLIAMS: KATHRYN SIMPSON: TO DC TORTS BRANCH ON FLECHSIG V. US 8-3 ANNUAL LEAVE 8-27 THROUGH 9-11 ANNUAL LEAVE 8-2 THROUGH 8-14 LEGAL INTERN TRAINING AT USP-~EWISBURG 8-4 MICHAEL SULLIVAN, HONORS ATTORNEY, ANTICIPATED REPORT DATE 8-23 TRIALS AND HEARINGS: JURY TRIAL WAS HELD ON 7-8 AND 7-9 IN TERRE HAUTE, INDIANA IN THE CASE OF EVANS V. CAPT. WOLFE, LT. RARDIN, AND THE U.S., A BIVENS/FTCA CASE. AFTER FOUR HOURS OF DELIBERATIONS, THE JURY RETURNED ITS VERDICT IN FAVOR OF THE DEFENDANTS AND THE COURT ENTERED JUDGMENT IN FAVOR OF THE UNITED STATES ON THE TORT CLAIM. THE CASE AROSE FROM A CLAIM OF RETALIATORY ASSAULT BY STAFF UPON THE INMATE IN 1987 AFTER THE INMATE HAD ASSAULTED A FEMALE PSYCHOLOGIST. THE COURT AND THE JURy FOUND THAT STAFF DID NOT ASSAULT THE INMATE, 08/05/1992 07:09:04 ---------------- FINDING THE INMATE NOT CREDIBLE. ON 7-7, INMATE RICHARD DANIELS WAS CONVICTED BY A FEDERAL JURY IN THE NORTHERN DISTRICT OF WEST VIRGINIA OF ASSAULT WITH A DANGEROUS WEAPON ARISING FROM AN INMATE ON INMATE ASSAULT AT FCl-MORGANTOWN. SENTENCING IS EXPECTED IN SIX TO EIGHT WEEKS. CAROLYN SABOL, DEPUTY GENERAL COUNSEL, WILL ARGUE THE GOVERNMENT'S "'~t POSITION BEFORE THE SIXTH CIRCUIT IN CINCINNATI ON 8-10 IN FLECHSIG V. UNITED STATES, A TORT CLAIM INVOLVING THE EXTENT OF THE LIABILITY OF THE UNITED STATES AND RELATED SCOPE OF EMPLOYMENT ISSUES UNDER THE FTCA WHEN STAFF IS ALLEGED TO HAVE ASSAULTED AN INMATE. MARY WILBURN WILL PRESENT THE GOVERNMENT'S POSITION IN THOMAS V. WHALEN ON 8-7 IN ALEXANDRIA, VA. THE CASE CONCERNS AGGREGATION OF DISTRICT OF COLUMBIA AND FEDERAL SENTENCES. ON 7-9, HEARING WAS HELD ON PRELIMINARY MOTIONS IN PETERSON V. BOGAN IN DETROIT, A CASE ARISING FROM A FORMER CONTRACT TEACHER'S REQUEST FOR VISITATION AND AUTHORIZATION TO MARRY AN FCI-MILAN INMATE WHICH WAS DENIED DUE TO SERIOUS SECURITY CONCERNS. THE COURT HAS TAKEN THE MOTIONS UNDER ADVISEMENT. 08/05/1992 07:09:14 ------------------------------- TRIAL PREPARATION IS CURRENTLY UNDERWAY IN MADISON V. U.S.A., AN FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE THE PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE IN THE EARLY 1980'S. THE CASE IS SCHEDULED FOR TRIAL 9-8 IN EAST ST. LOUIS, ILLINOIS. SETTLEMENT NEGOTIATIONS ARE CURRENTLY UNDERWAY. IN AN UNUSUAL MATTER, FPC-ALDERSON HAS BEEN NOTIFIED THAT IT IS A MEMBER OF THE SETTLEMENT CLASS EXPECTED TO SHARE IN A CIVIL RICO SETTLEMENT FUND IN BANE V. COCA-COLA BOTTLING CO. OF ROANOKE. THE SETTLEMENT WILL BE BASED UPON THE VOLUME OF PRODUCTS PURCHASED FROM THE COMPANY DURING THE PERIOD 1976--1987. THIS CIVIL CLASS ACTION SUIT FOLLOWED IN THE WAKE OF THE COMPANY'S CONVICTION FOR PRICE FIXING. CC: PATTY BORTZ, AURORA, TRAINING CENTER 09/08/1992 08:31:33 +. ================ FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE SUBJECT: AUGUST MONTHLY REPORT DATE: SEPTEMBER 3, 1992 TO : WALLACE H. CHENEY GENERAL COUNSEL FROM: BILL BURLINGTON REGIONAL COUNSEL 8 NEW CASES FILED THIS MONTH. 18 CASES CLOSED. TRAVEL AND LEAVE: BILL BURLINGTON: 09/08/1992 08:32:56 -REPORTED TO NEW OFFICE AT FCI-BUTNER ON 8-17 -SPECIAL CLAIMS OFFICE, MIAMI, 9-8 THROUGH 9-11 -NEW ATTORNEY TRAINING, ANNAPOLIS, MARYLAND, 9-14 THROUGH 9-18 -9-21 & 9 - 22, PORTLAND, OREGON; MEETING WITH STATE CORRECTIONAL OFFICIALS TO FACILITATE PLACEMENT OF FEDERAL PSYCHIATRIC INMATES IN ================ STATE FACILITIES (ALONG WITH DR. COWELL & DR. JOHNSON) . MARY WILBURN: -CONSTITUTI ONAL LAW TRAINING, WASHINGTON, D.C., 9-11 MARIAN CALLAHAN: - ANNUAL LEAVE 8-27 THROUGH 9-11 MILT WILLIAMS: - ANNUAL LEAVE 9-8 THROUGH 9-11 MICHAEL SULLIVAN: - REPORTED TO MARO ON 8-23 -SPECIAL CLAIMS OFFICE, MIAMI, 9-8 THROUGH 9-11 -NEW ATTORNEY TRAINING, ANNAPOLIS, MARYLAND, 9-14 THROUGH 9-18 -GLYNCO TRAINING, 9-28 THROUGH 10-16 TRIALS AND HEARINGS: ON 7-31 A FEDERAL COURT CONVICTED INMATE RONNIE S. CEBALLOS OF ASSAULT ON A FEDERAL EMPLOYEE RESULTING FROM AN ATTACK ON LAUNDRY PLANT FOREMAN JAMES MICHAEL HODGE AT FCI-PETERSBURG LAST FEBRUARY . TWO INMATES TESTIFIED FOR THE GOVERNMENT. THE AU SA PROSECUTING THE CASE STATED THAT THEY WERE THE MOST COOPERATIVE 09/08/1992 08:33:01 ================ INMATE WITNESSES HE HAD ENCOUNTERED IN TWENTY YEARS OF LITIGATING FCI CASES. SENTENCING IS SCHEDULED FOR SEPTEMBER 30TH. ON 8 -7 IN ALEXANDRIA, VIRGINIA, IN THE CASE OF THOMAS V. WHALEN, THE DISTRICT COURT RULED AT THE CLOSE OF ORAL ARGUMENT THAT THE BUREAU'S COMPUTATION OF SENTENCE WAS PROPER. MARY WILBURN ARGUED THE CASE FOR THE GOVERNMENT. THE CASE CONCERNED AGGREGATION OF DISTRICT OF COLUMBIA AND FEDERAL SENTENCES FOR A PAROLE VIOLATOR . • ON 8-6, A MAGISTRATE'S REPORT AND RECOMMENDATION WAS ISSUED IN PETERSON V . BOGAN , EASTERN DISTSRICT OF MICHIGAN , A CASE ARISING FROM A FORMER CONTRACT TEACHER'S REQUEST FOR VISITATION AND AUTHORIZATION TO MARRY AN FCI-MILAN INMATE. THE REQUEST HAD BEEN DENIED AT FCI-MILAN DUE TO SERIOUS .SECURITY CONCERNS. THE MAGISTRATE RECOMMENDED THAT A PRELIMINARY INJUNCTION BE GRANTED ALLOWING THE MARRIAGE AND VISITATION. OBJECTIONS HAVE BEEN PREPARED AND FILED AND ARE CURRENTLY PENDING. TRIAL PREPARATION CONTINUES IN MADISON V. USA, AN FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE THE PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE IN THE EARLY 1980'S . THE CASE WAS SCHEDULED FOR TRIAL ON 9-8 , BUT HAS BEEN 09/08/1992 08:33:13 ================ RESCHEDULED FOR 11-3 IN EAST ST. LOUIS, ILLINOIS. NEGOTIATIONS ARE CURRENTLY UNDERWAY. SETTLEMENT JURY TRIAL SCHEDULED FOR 9-21 HAS BEEN POSTPONED IN EVANS V. EDWARDS, A BIVENS ACTION ALLEGING DELIBERATE INDIFFERENCE BY MEDICAL STAFF AFTER THE PLAINTIFF INMATE HAD ASSAULTED A STAFF PSYCHOLOGIST AT USP-TERRE HAUTE IN 1987 . REGIONAL DIRECTOR CALVIN EDWARDS REMAINS A DEFENDANT IN THIS CASE. THE DISTRICT JUDGE HAS INDICATED THE CASE WILL BE TRIED IN MARCH , 1993. THIS IS ONE OF THREE REMAINING EVANS CASES STEMMING FROM THE AFTERMATH OF THAT INCIDENT. LAST MONTH A JURY FOUND IN FAVOR OF OUR STAFF IN A RELATED EVANS LAWSUIT . CC: PATTY BORTZ, AURORA TRAINING CENTER ANDY STINNETT , GLYNCO 10/13/1992 08:56:14 ---------------FEDERAL BUREAU OF PRISONS MID-ATLANTIC REGIONAL OFFICE SUBJECT: SEPTEMBER MONTHLY REPORT DATE: OCTOBER 9, 1992 TO: WALLACE ~. CHENEY GENERAL COUNSEL FROM: BILL BURLINGTON REGIONAL COUNSEL 9 NEW CASES OPENED THIS MONTH. TORT CLAIMS RECEIVED THIS MONTH. 4 CASES CLOSED. 30 NEW ADMINISTRATIVE 26 TORT CLAIMS CLOSED. TRAVEL AND LEAVE: BILL BURLINGTON: -IN REGIONAL OFFICE 10-5 THROUGH 10-7 FOR NEW WARDENS' BRIEFING AND STAFF MEETINGS. -FCI-PETERSBURG, STAFF ASSISTANCE VISIT AND TRANSITIONAL CARE UNIT, 10-15 -ETHICS TRAINING FOR TRAINERS, 10-19 & 10-20 DENVER, COLORADO. 10/13/1992 08:56:18 -------------------------- MICHAEL PYBAS: -ETHICS TRAINING FOR TRAINERS, 10-19 & 10-20, DENVER, COLORADO. MARY WILBURN: -EMPLOYEE DEVELOPMENT TRAINING, 10-28, BETHESDA, MD. MARIAN CALLAHAN: -ETHICS TRAINING FOR TRAINERS, 10-19 & DENVER, COLORADO -EMPLOYEE DEVELOPMENT TRAINING, 10-28, MILT WILLIAMS: 10~20, BETH~SDA, MD. -NO LEAVE OR TRAVEL PLANNED. MICHAEL SULLIVAN: -GLYNCO TRAINING, THROUGH 10-16 ON OCTOBER 27TH, THE MID-ATLANTIC REGIONAL OFFICE WILL BE HOSTING A DOJ LEGAL EDUCATION INSTITUTION VIDEOTAPED COURSE ON "LITIGATION MANAGEMENT AND ORGANIZATION." TRIALS AND HEARINGS: PETERSON V. BOGAN, ED MICHIGAN (FCI-MILAN)--THE MAGISTRATE'S REPORT AND RECOMMENDATION WAS ADOPTED BY THE COURT IN THIS CASE ARISING FROM A FORMER CONTRACT TEACHER'S REQUEST TO MARRY AND VISIT 10/13/1992 08:56:24 ================ WITH AN FCI-MlLAN INMATE. THE REQUEST TO MARRY HAD BEEN DENIED BY THE WARDEN DUE TO SERIOUS SECURITY CONCERNS, PARTICULARLY THE "RIPPLE EFFECT" SUCH MARRIAGE COULD HAVE ON EFFORTS TO PREVENT IMPROPER STAFF-INMATE RELATIONSHIPS FROM FORMING IN THE FUTURE. THE COURT HAS NOW ORDERED THAT A PRELIMINARY INJUNCTION BE GRANTED ALLOWING THE MARRIAGE AND VISITATION. MOTIONS TO RECONSIDER AND FOR A STAY HAVE BEEN FILED, AND EFFORTS ARE UNDERWAY TO APPEAL THE MATTER TO THE SIXTH CIRCUIT IF NECESSARY. MADISON V. USA, SD ILLINOIS (USP-TERRE HAUTE)--TRIAL PREPARATION CONTINUES IN THIS FTCA RENAL FAILURE CASE ALLEGING FAILURE TO DIAGNOSE KIDNEY PROBLEMS WHILE THE PLAINTIFF WAS INCARCERATED AT USP-TERRE HAUTE IN THE EARLY 1980'S. PLAINTIFF, WHO HAS LOST THE FUNCTION OF BOTH KIDNEYS, IS SEEKING $1.5 MILLION IN DAMAGES. ADDITIONAL WINESSES HAVE BEEN INTERVIEWED AND EXPERTS HAVE BEEN DEPOSED. AT THIS TIME THE CASE IS SCHEDULED FOR TRIAL ON 11-3 IN EAST ST. LOUIS, ILLINOIS. THE CASE IS EXPECTED TO TAKE AT LEAST TWO WEEKS TO TRY. DUPARD V. JARVIS, ED MICHIGAN (FCI-MILAN)--INMATE DUPARD WAS GRANTED LEAVE BY THE COURT TO AMEND HIS COMPLAINT TO ALLEGE A CONSPIRACY BETWEEN THE FORMER WARDEN AT FCI-MILAN AND STATE OF WASHINGTON OFFICIALS TO REVOKE HIS REAL ESTATE LICENSE. HE ALSO ALLEGES DENIAL OF ACCESS TO 10/13/1992 08:56:29 ================ THE COURTS BECAUSE THE BOP FAILED TO PROVIDE HIM STATE LAW MATERIALS FROM THE STATE OF WASHINGTON TO ENABLE HIM TO CONTEST HIS REAL ESTATAE LICENSE REVOCATION. US V. DANIELS, ND WEST VIRGINIA (FCI-MORGANTOWN)--CRIMINAL JURY TRIAL WAS HELD IN JULY RESULTING IN A FINDING OF GUILT AGAINST INMATE DANIELS FOR ASSAULTING ANOTHER INMATE WITH A PIPE AT FCIMORGANTOWN. SENTENCING IS PENDING. THE INMATE WHO WAS ASSAULTED HAS FILED AN ADMINISTRATIVE TORT CLAIM ALLEGING FAILURE TO PROTECT. US V. GALLO, ED KENTUCKY (FMC-LEXINGTON)--INMATE LOURDES GALLO, A 32 YEAR OLD FEMALE MARIEL CUBAN DETAINEE, WAS FOUND GUILTY AFTER CRIMINAL TRIAL IN PROSECUTION FOR ASSAULT ON A FEDERAL EMPLOYEE. THE INMATE PUNCHED A PHS NURSE IN THE HEAD AT FMC-LEXINGTON CAUSING BRUISES. THE DISTRICT COURT IMPOSED A FOUR MONTH SENTENCE ON SEPTEMBER 24. PARKER V. GREENWELL, SO INDIANA (USP-TERRE HAUTE)--JUDGMENT WAS ENTERED ON AUGUST 25TH IN FAVOR OF BOP OFFICIALS WHO HAD BEEN SUED BY AN INMATE WHO FELL INTO A VAT AND SUSTAINED INJURIES IN A UNICOR OPERATION AT USP-TERRE HAUTE IN 1980. HE WAS RELEASED IN 1984 AND NEVER FILED AN INMATE ACCIDENT COMPENSATION ACT CLAIM. 10/13/1992 08:56:33 ================ THE COURT FOUND NO EIGHTH THAT WHILE THERE MAY HAVE THE INMATE, HIS EXCLUSIVE UNDER THE INMATE ACCIDENT CC: AMENDMENT OR BIVENS LIABILITY, AND HELD BEEN NEGLIGENCE IN THE ASSIGNMENT OF REMEDY AGAINST THE UNITED STATES WAS COMPENSATION ACT. PATTY BORTZ, AURORA TRAINING CENTER ANDY STINNETT, GLYNCO ' .. ., tlNmm STATES GOVERNMENT ." memorandum DATE: REPLY TO Februa~l, »93 Mid-Atlantic Regional Office, Annapolis Junction, MD 20701 kJ:«eu,tn~ ATINOF: Bill Burlington, ~gional Counsel Mid-Atlantic Reg10n S~: Quarterly Report - October thru December 1992 TO: Nancy Redding, Executive Office of General Counsel The following is our quarterly report for the first quarter of fiscal year 1993. Torts NUM PROP PI PPPI 161 106 35 WD MEO 9 0 5 OTH ANS PEN eLD HIT SET 40 209 108 2 2 0 00 SET 31 AMT PEND 2841 191 DEN 00 AIO AlP 57 15 31 104 Litiqation NUM He FTC BIV 40 20 4 10 6 AWD Administrative Remedies NUM DHO 263 54 SPH 5 MEO MH 14 5 LEG 8 FD GRT DEN PEN 2 47 196 89 0 Trials and Hearings u.s. v. AdcoX (Criminal) SOlIN (Terre Haute) Trial began on December 7, 1992 concernl.ng the murder of an inmate at USP, Terre Haute on July 6, 1991. This was a rehearing due to' the first trial endinq in a mistrial. Defendant, who acted as his own counsel with the assistance of a court appointed attorney, was convicted for the murder. On January 6, 1993, Defendant was sentenced to life without parole. lAlthough the dbase reflects 3 claims settled during the quarter for a total amount of $2841, the more accurate reflection is the number of offers made. Including the 3 SET, there were 33 offers made totalling $5,041.27. MXR Quarterly Report page u.s. 2 v. Jackson (Criminal) ED/KY (Ashland) Inmate Dewayne Jackson received a six month sentence, consecutive to his current sentence, for his assault on a recreation specialist. Inmate Jackson hit the recreation specialist repeatedly with a golf club. Luckily,o the staff member was not seriously injured. However, he did receive some scars on his back. The maximum penalty was six months, and the government recommended the maximum sentence be imposed. Magistrate Peggy Patterson imposed the sentence on December 12, 1992. settlements Higdon v. USA, 91-0031-E, ND/WVA (Morgantown) FTCA suit alleging delay in treatment resulted in loss of eyesight in one eye. Independent report questioned the standard of care provided. Authorization was received from Central Office 10-30-92 to settle up to $15,000. Settlement was reached in the amount of $12,000. ~Madison v. USA, SD/IL (Terre Haute) This FTCA renal failure case alleged failure to diagnose kidney problems while at Terre Haute in the early 1980's. Plaintiff, who had lost both kidneys, was seeking $1.5 million in damages. Authority was granted to settle up to $30,000 linked to a proposed kidney transplant. The offer was rejected with a counter of $30,000 cash settlement. After Central Office approval, Plaintiff was subsequently offered a cash settlement of $10,000 and accepted the offer. The trial, which had been scheduled for February, was estimated at costing well over $30,000 in expert witness fees, travel and other litigation expenses. Young v. USA, ED/KY, (Lexington) FTCA & Bivens medical malpractice case concerning FMC, Lexington. Plaintiff alleges negligence in failure to perform mandatory tests which would have disclosed ovarian or endometrial cancer before disease reached terminal state. The Bivens portion of the suit has been dismissed by the court and the action is proceeding as an FTCA case only. Approval was received from the Central Office· to settle case for up to $100, 000. (No settlement agreement has been reached.)