Fbop Mxr Monthly Report 1998dec
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UNITED STATES GOVERNMENT ) memorandum DATE: January 8, 1999Mid-Atlantic Regional Office. Annapolis Junc[ion. MD 2070J REPLY TO ATTN OF: Bill Burlington, Regional Counsel Mid-Atlantic Region SUBJECT: December 1998 Monthly Report TO: Wallace H. Cheney, General Counsel ATTN: Amy Whalen Risley, Executive Assistant ADMINISTRATIVE REMEDIES JAN FEB MAR APR MAY JUN JUl AUG SEP OCT NOV DEC Received Answered 135 143 229 178 TORT CLAIMS JAN FEB 187 181 160 201 230 195 179 190 62 68 54 75 60 91 71 58 195 179 190 191 ') Pending 0 0 ~"er Six Month 0 0 ,,' . to C.O. with recommended settlement n.emo JAN FEB Cases Pending New Cases Received Habeas Corpus Bivens FTCA Other Cases Closed Cases Pending Lit Reports Completed ~/Hearings or Trials ) Jments/Awards .' Settlements/Awards JAN FEB 214 156 225 195 191 254 191 42 38 195 0 195 49 83 154 1 154 45 67 138 0 138 47 30 149 1 212 268 179 170 169 198 OCT NOV DEC 149 166 53 59 43 40 166 171 1 1 171 68 34 188 1* 188 61 47 215 1 MAR APR MAY JUN JUl AUG SEP OCT NOV DEC # Pending 13 12 23 # Received 43 54 24 # Answered 34 34 41 # Pending 12 23 23 # Over 20 Working Days 0 1 2* *File has been requested from archives. * *One file file. LITIGATION 200 194 MAR APR MAY JUN JUl AUG SEP # Pending # Received # Answered FOI/PRIVACY 168 174 35 18 23 24 47 52 54 36 42 32 57 53 24 18 30 35 4*· 2* 3* 0 requested from archives; 19 38 37 30 26 55 48 54 32 52 50 36 54 56 43 32 38 26 37 19 1* 2 2 1* 1* another request archives sent wron~ MAR APR MAY JUN JUl AUG SEP OCT NOV DEC 338 331 329 314 7 16* 4* 11 4 4 7 3 5· 1 0* 6 1 1 2 0 1 2 1 0 14 21 19 62 331 329 314 273 15 12 14 8 2 2 1 4 1 2 0 1 $147.7 $52.0 0 273 261 261 272 16 13 36 17 6 7 11 5 5 5 3 5 2 1 2 3 3 0 20 4 28 12 25 10 261 261 272 281 13 21 7 8 0 0 0 1 2 0 0 0 $13.9* $9.0 0 0 3287 284 18 10 287 12 3 3 1 2 5 3 15 284 287 12 19 0 0 1 1 281 17 8 0 0 0 0 8 296 13 10 2 0 2 1 15 0 296 306 12 9 1 0 0 0 0 0 0 ($ in. Thousands) *Corrected figures 3288 Page 3 MXR Monthly Report ) SIGNIFICANT DECISIONS OR ADVERSE DECISIONS: FCl Memphis - Sheets v. DOJ (Title VIr case: sexual harassment, sex niscrimination, retaliation and constr~ct:=ve discharge). On Wednesday, November 25, 1998,the jury returned a verdict in favor of the Plaintiff awarding her $25,000 for disparate treatment/sex discrimination, $75,000 for sexual harassment, $100,000 for retaliation and $116,000 in back pay. On December 18, 1998, the AUSA filed a Renewed Motion for Judgment after Trial pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. FCI Manchester - Moore v. Chandler - The Court found the Orr decision applies in this early release case. Respondent was allowed to amend their response. SETTLEMENTS: FCl Butner - Previously reported efforts by the u.s. Attorney's Office in Colorado to settle four cases pending in Colorado filed by inmate Dee Farmer. The Bureau has, decided to call off settlement negotiations and the cases will proceed to trial. FCI Memphis - Littrell v. United States (failure to diagnose throat cancer case). A settlement conference has been scheduled for Friday, January 15, 1999. To date, the AUSA has not received the report from our expert (an oncologist at the VA in Nashville) concerning how the medical treatment would have been different had the cancer been diagnosed sooner. UPDATE ON CASES, TRIALS REPORTS: C~ HEARINGS, ETC. NOTED IN PRIOR FCI Beckley - Depew v. Hawk - This inmate originally filed suit in Massachusetts (later transferred to S.D. West Virginia) because his right to receive privileged written communications from his attorney had been restricted fOl" one year. The inmate's Attorney, Mel Dahl, was disbarred as a result of his resignation (in light of pending disciplinary charges). The Court has ordered that Mel Dahl be remov~d as the inmate's attorney in the matter and has ordered th~ :nmat~ to file an Application to proceed in forma pauperis, !: ~h~ inmate wants the action continued. .) PCl Petersburg - Jabari Zakiva v. Janet Reno, et ale !:: this fourth habeas petition Douglas Ross seeks immediate re-l.·dsefrom custody of BOP because his sentence expired on :: - :. t... y"" . He will not sign an installment agreement form pursuan~ ~0 the requirement of 18 U.S.C. § 3621(e). A response to disrr:l!;[7 as successive and abuse of writ was filed December 16, l~~~. 3289 Page 4 MXR Monthly Report .) before Judge Brinkema (who dismissed his third petition which is now on appeal to the 4th Circuit ) . Ross' attorney from the DC case, Thomas Ruffin, Jr. entered an appearance pro hac vice on Oo!cember 21, 1998, labeling Zakiyil., "a political ijri,;;pner a t~e .. Fe~.era: . Correctic;mal ~ns ti tution in Petersburg., ,-.' . V~rg~n~a . ' . . . .. ,.: .. 7 FCI Petersburg - U. S. v. Charles Porter, WD PA - On December 7~ h Chief Judge Donald Ziegler i n Pittsburgh ordered the Marshals Service or the Bureau of Prisons to transport FCI Cumberland Inmate Charles Porter to a Pittsburgh hospital for a deathbed visit with his mother . Porter is a convicted organized crime "underboss " tied to extreme violence with almost 16 years remaining on his sentence and classified as a " high escape risk. " The Warden opposed an escorted trip and the Marshals refused to move the inmate (referring to the Memorandum of Understanding between BOP and USMS). After consultation with the Northeast Region, our Regional Director elected to formally object to the order . According to the AUSA handling the matter, while expressing anger and frustration with the Bureau, the Judge nevertheless granted our Motion to Vacate. ~) FCI Petersburg - U. S. v. Bong Park, WD PA - On Decembel' 21"' Chief Judge Ziegler ordered the Bureau of Prisons to immediately release FCI-Petersburg Inmate Bong Park to attend his mother-in-law's funeral in Baltimore, and not be required to report back until a week later on December 28th. The inmate was not furlough eligible due to alienage and pending deportation by INS, and policy does not provide for an escorted funeral trip involving in-laws. After consultation with the Northeast Region, both Regional Directors elected t o formally object to the order despite the Court's anticipated reaction . On December 24'" , the Judge granted our Mot ion to Vacate, but not without s described . the FCI Memphis- A hearing is scheduled for Friday, Janu.i: ..'. ". Alfred Lee Mauldin v. Mark Luttrell. et al., which in".... : , . Mauldin filed in the local state Chancery Court. ) FCI Manchester - Stevenson v. Pennington Plaintiff a:. ",,"r. abuse by a staff member and that other staff failed .: ,, - : him from continuing abuse. The staff member resigned ;: . . ; " c. 3290 ) .".- Page 5 MXR Monthly Report of discipline action. NEW RFRA CASES AND UPDATES ON PREVIOUSLY REPORTED CASES: None ) 3291 Page 6 MXR Monthly Report CRIMINAL MATTERS: FCI Beckley - Christopher Gibson, Reg. No. 28880-037 - Thi s inmate was indicted on December 2, 1998 for Possessing Contraband (Heroin ). He was arraigned December 18, 1 998 , and trial is set for February 3, 199 9 . FCI Beckley - Brian Andrews, Reg. No. 04844-030 - This inmate was indicted on December 2, 1998 for Possessing Contraband (Heroin). He was arraigned December 18, 1998, and trial is set for February 9, 1999. FCI Elkton - Sentencing hearing in United States v. Dumersier is scheduled for January 21, 1999 . FCI Manchester - U.S. v. Clark This case was tried to a jury on December 7, 1998, in London, Kentucky. Defendant was found not guilty of assault upon another inmate and guilty of possession of a prohibited object (a knife) . ) SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS WASTE SITES, ETC.: FCI Butner - The North Carolina Department Of Health and Natural Resources has referred the notice of violatior. and assesment of fines concerning failure to obtain perm!r~ fOI ' generators and boilers to the U.S. Environmental PrO: ~~ :l o n Agency EPA). We have been notified of a conference .,:::, EPA in Atlanta currently schedulej for January 14, 1999. , We al 'ecurrently in compliance with all permitting regulat i8 " ". w,· are still awaiting comment from the state agency on U.c: remedial efforts. FCI Petersburg - On December 18, 1998, Warden Steph c- :. ~.' Dewalt, along with Ken Kepley, SIA, and Milt Willia~, Paralegal met with Jim Corney, Chief of Richmond Crin ,: : .. , : Di vision, USAO; Robert Heinzman, Special Agent, Ric~:-' :. : F:- :. and Jim Stanton, Supervisory DUSM, Richmond Office. : .,, :':;!' " interagency cooperation and criminal referrals. MR. C ,;:' .. .. indicated a willingness to prosecute escapes or waH'. . ,'. ' , ': " from the camp; and a positive understanding was rea :' :.' : . : ." types of assaults the USAO would be willing to pros.· was a very postive meeting. PERSONNEL ISSUES ) 3292 Page 7 MXR Monthly Report ) ) 3293 page 9 MXR Monthly Report New Litigation Cases by Institution and Type Received During the Month of December 1998 BIV FTCA HC OTH TOT ALD ASH BEC BUT- CUM ELK LEX MAN MEM 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 0 3 1 0 0 0 0 0 0 0 1 1 2 0 0 0 0 1 1 1 I MIL I 0 0 j 1 I 0 I 1 MRG PET SEY THA TOT 0 0 1 0 1 0 0 0 0 0 0 0 1 2 2 0 10 0 3 13 1 0 1 0 ! I 1 , - Represents both the FCI and LSCI New Litigation Cases by Institution and Type Received Calendar Year to Date ALD+ BIV FTCA HC OTH TOT 0 1 3 0 4 ASH 1 BEC+ 1 BUT5 CUM ELK. LEX MAN 4 7 1 0 1 5 2 2 0 4 0 3 5 25 10 36 4 0 6 4 14 2 2 1 12 2 3 1 7 -BUT represents both the FCI and the LSCI ALD. 16 2 24 MEM 1 1 7 1 10 .Corrected figure Icase counted twice) 3294 MIL 3 3 10 MRG. 2 PET SEY THA TOT 0 0 1 0 1 7 4 11 39 16 83 2 24 180 1 0 3 0 6 0 17 9 9 0 7 42 +Case counted for BEC should have been