UNITED STATES GOVERNMENT

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REPLY TO

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June 14, 1993

Mid-Atlantic Regional Office, Annapolis Junction, MD 20701

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Biil Bur'1fAg ton, RegJ.onal Counsel
Mid-Atlantic Region
May 1993 Monthly Report
Wallace H. Cheney, General counsel
ATTN : Nancy Redding, Executive Assistant

SUBSTANTIVE PLEADINGS
ETC. ) :

(COMPLAINT, MOTION FOR SUMMARY JUDGMENT,

None.
SETTLEMENTS:
None.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:
Bryant v. Muth, 91-6672 (4th Circuit) Biv ens, FCI, Butner
On May 24, 1993 the 4th Circuit, in a published opinion, reversed
and remanded this Biv ens action to the District Court (ED/NC)
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 inmate Bryant had placed on contraband computer
diskettes in violation of BOP regulations.
The District Court
accepted the MRR and the appeal on qualified immunity followed.
It was strongly argued on appeal that staff should be entitled to
qualified immunity as they were following BOP regulations which
had not been found to be unconstitutional.
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.
There is some good dicta in the decision concerning
the need to control inmates' access to computers.
UPDATE ON CASES, TRIALS OR HEARINGS, ETC . NOTED IN PRIOR REPORTS:
Taylor v. U. S., FTCA, ND/TX, USP, Terre Haute (AUSA Howard Borg)
This case involves the alleged destruction of 10, 000 pages of
legal material and other personal property due to rodent damage

MARO - May 1993 Monthly Report
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and a pipe bursting at USP, Terre Haute in property storage area.
BOP had authorized AUSA to make another settlement offer of
$1300. Inmate refuses to settle case. Plaintiff sought $10,800
administratively but now claims $155,000.
A one day trial on
issue of damages is set for the week of June 14-18, 1993.
Two
offers of settlement have been made under Rule 68, F.R.Civ.P . ,
the first for $750 and the last for $1300. If damages awarded is
less than offer, u.s. may be able to seek all costs subsequent to
either offer.
Moore v. U.s., SD/WVA, 5:92-0463, FPC, Alderson
Marian Callahan attended depositions by plaintiff of BOP
employees in the above case on May 5, 1993.
This is an
employment discrimination case where plaintiff sues under the
Rehabili tation Act, claiming handicap discrimination in nonselection, and constructive discharge.
Discovery is continuing
and trial has been set for July 13, 1993.
Alaouieh v. U.S., 91-CV-73952-DT, ED/MI, FTCA
This case involves alleged misdiagnosis of eye infection at FCI,
Milan and alleged continuing substandard treatment at MCC,
Chicago and FCI, Sandstone.
This is a FTCA case with a sum
certain of one million dollars.
Plaintiff was examined by his
expert opthamologist in April.
Plaintiff's expert found
unexplained difference between plaintiff's report of no eyesight
in one eye and the level of scarring from a herpes infection.
Discovery continues and the AUSA and plaintiff's attorney will be
agreeing on another expert to send plaintiff to for examination.
Trial has been scheduled for August 23, 1993.
Thomas v. Whalen, 92-6988, 4th Circuit, FCI, Petersburg
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 appealed. Oral arguments were held on May
6, 1993 in Richmond, Virginia and Milt Williams, Paralegal
attended.
The Judges from the bench questioned petitioner's
attorney on why they had not pursued an administrative review by
the BOP as the district court had suggested.
Because of the
complexity of the computation, it was suggested by the Court that
as a remedy, the Circuit may 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 an
expedited manner.
In
anticipation of the remand, this office has retrieved Thomas'
complete file and the RISA is re-computing his sentences from
day one. He has seven separate periods of incarceration. Thomas
is currently in the D.C. Department of Corrections.

MARO - May 1993 Monthly Report
Page 3
u.s. v. Fowler, Criminal, ED/KY, FCI, Ashland
A criminal indictment has been returned against inmate Larry
Fowler, Reg. No. 01481-046 for possession of escape parphernalia
and contraband and attempted escape.
Fowler has plead not
guilty. Discovery conference was held May 27, 1993 and trial is
expected to be scheduled for June 29, 1993.
REPRESENTATION NOT RECOMMENDED FOR STAFF:

NONE.

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.
Mike Pybas, Assistant Regional Counsel, departed MARO on May 14,
1993 for the sandy shores of his new job as Senior Attorney at
the FDC, Miami.
Paul Layer, our new Assistant Regional Counsel
returned to MARO on May 17, 1993.
Paul may be reached at 301317-3120.
Bill Burlington, Regional Counsel, Paul Layer, Assistant Regional
Counsel,
Al Munguia,
Attorney,
LEX,
and Teresa Leneave,
Paralegal, THA will be attending the Prisoner Litigation Seminar
in aurora, Colorado June 7 through lOth.
Bill Burlington, Regional Counsel will be on Annual leave June
11, 1993 and in MARO June 21 through 23.
Marian Callahan, Assistant Regional Counsel is scheduled for
annual leave on June 17 through June 18.
Michael Sullivan, Attorney is scheduled for Military Leave June
14, through June 18, 1993.
Teresa Leneave, Paralegal, USP, Terre haute will be on annual
leave June 11 through June 18, 1993.
Randy smith, Paralegal, FCI, Ashland is scheduled for annul leave
June 28 through July 5, 1993.
Marian Callahan, Asst. Regional Counsel, Kathy Harris, Paralegal
Trainee, and Milt Williams, Paralegal attended the Baltimore
Federal Executive Board luncheon on May 14, 1993 where Milt was
recognized as Outstanding Supervisor/Grade 12 & below.
SIGNIFICANT FTCA CLAIMS:

None.

SIGNIFICANT ADMINISTRATIVE REMEDIES:
SITUATION OF INTEREST, CONTACT WITH
WASTE SITES, ETC.:
None.

None.
FEDERAL BENCH,

HAZARDOUS

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UNITED STATES GOVERNMENT

memorandum
DATE:

~~YTO

July 13, 1993

Mid-Atlantic Regional Oftice, Annapolis Junction, MD 20701

ATTN OF:

Bill Burlington, Regional Counsel
Mid-Atlantic Region

SUBJECT:

June 1993 Monthly Report

TO:

Wallace H. Cheney, General Counsel

ATTN:

Nancy Redding, Executive Assistant
SUBSTANTIVE PLEADINGS (COMPLAINT, IDTION FOR SUMMARY JUDGMENT,
ETC.) :

None
SE~LEMENTS

:

Gatti v. Tryon, lP92-1183-C, SDjlN, FTCA, USP, TERRE HAUTE
This case involves an automobile collision on 9-20-89 between
civilian Gatti and Correctional Security Officer Tyron from
USP Terre Haute. Mr. Tyron stopped at a stop sign and
although he looked all directions his view was obstructed and
as he crossed the intersection his government vehicle was
struck by plaintiff, who had the right of way. The government
vehicle was totaledj plaintiff alleges her vehicle was also
totaled.
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 $700.00, for a total claim of $100,700. An offer of
settlement for $500 was refused and this suit ensued. Since
it appeared as though there was government liability, after
seeking approval through the appropriate channels, an offer of
settlement was made and accepted in the amount of $10,000.
The check has been requested from the Government Accounting
Office.
ADVERSE DECISIONS OR SIGNIFICANT DECISIONS:

Warthen v. USA. et al., CA6, Fe!, ASHLAND, EDjKY 91-7
Plaintiff brought a suit against three correctional officers,
two doctors and one P.A. for alleged assault and deliberate
indifference to medical needs at FCl, Ashland in 1986.
Plaintiff sought monetary, declaratory, and injunctive relief.
The district court dismissed as time barred. On appeal, 6th
Cir. held the relevant Kentucky statute of limitations was
tolled because plaintiff was incarcerated. The statute had

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bee~ r~pealed, but the 6th Cir. held that under Kentucky law,
plal.ntl.ff had a "re asonable period of time" in which to bring
suit.
Caselaw had already determined one year to be
reasonable.
Plaintiff had brought his suit within six months
of the repeal of the statute, therefore, it should not have
been dismissed as being untimely. The case was remanded back
to the district court for further proceedings .
(Warthen filed
an almost identical complaint in 1987 in which the district
court dismissed for failure to exhaust . )

Taylor v . U.S., FTCA, ND/TX, USP, Terre Haute
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. This cased involves the 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
property storage area . Plaintiff sought $10 , 800
administratively, but in the law suit was seeking $155 , 000 .
An offer of $376.01 was made to settle tort claim, but
plaintiff refused. After the suit was filed, two offers of
judgment were made under Rule 68 , the first for $750 and the
last for $1300 .
(Although the case is reported as adverse, we
are ple ased ~th the results as the court awarded less damages
than offered administratively. ) We anticipate that the
plaintiff will appeal.
UPDATE ON CASES,
REPORTS:

TRIALS OR HEARINGS,

ETC . NOTED IN PRIOR

Moore v. U.S., S.D . W.V., CA No. 5:92-0463, FPC, Alderson
Plaintiff, a disabled veteran, sues under the Rehabilitation
Act, claiming handicap discrimination in non - selection, and
constructive discharge. At this time , we are moving for a
continuance, and have also worked on motions for surrunary
judgment on a variety of issues.
As previously reported, trial was scheduled for July 13, 1993.
However, an order was received directing that the trial be
postponed and the case will be p l aced on the Court's inactive
docket pending the resolution of the Supreme Court decision in
Landgraf v. USI Film Products, cert. granted, - - U. S.
,113
S. Ct. 1250, 122 L. Ed. 2d 649 (1993) [retroactivity of civil
Rights Act of 1991]. This case invol v es the application of
changes in the civil Rights Act which provide for jury trial,
and compensatory and punitive damages in Title VII (and Rehab
Act) cases .
Alaouieh v. U . S., E.D. MI. CA No. 91 -CV-73 952-Dt , FCI, Milan
The case involves the alleged misdiagnosis of herpetic
infection of a cornea while inmate Alaouieh was at FCI Milan

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and a lleged continuing substandard treatment at MCC Chicago
and FCI Sandstone. This is a straight FTCA case, with a sum
certain of $1 million. At present trial is scheduled for
August , 1993. We have received expert evaluation of the case
from a number of ophthalmol ogists who all confirm there was a
delay in providing treatment. There is some indication of
cornea scarring. However, objective vision impairment is much
less than self reported by plaintiff. The AUSA has proposed
and an offer of judgment under Rule 68 in the amount of $5000
has been made on July 9, 1993.
Rodney K. Bevans v. United States, E.D. Pa . CA No . 93 - 0295 .
This is a straight FTCA case with a sum certain of $50,000.
Plaintiff was released from FCI Morgantown where he was
diagnosed with adult onset diabetes.
Plaintiff comp l ains of
failure to examine and diagnose his medical conditi on , and
failure to provide medical services , during his holdover
status at Petersburg, Atlanta and Lewisburg . Plaintiff has
been noticed for deposition during the first week in August.
Sharon K. Gray v. U.S., N.D. Okla. , CA No. 93-C-400E, FMC,
Lexington
Former inmate who was at FMC Lexington on August 3, 1990,
allegedly contracted salmonella poisoning from food in the
cafeteria.
She sustained osteomyelitis of the skull and filed
a tort claim for $1.5 million which was denied.
An additional
factor involved in the case is that plaintiff suffers from
sickle cell anemia . We have just received AFIP report which
indicates that some liability may be extant , that is more
likely than not that the claimant's salmonella infection
developed as a result of food service conditions at the
instituti on.
Wood v. Bogan et al ., CA No . 93 - CV -7 2076 , E.D. MI, FCI, Milan
Bivens action by inmate who s ee ks damages for being placed on
general telephone restriction following issuance of incident
report for placing prohibited third party calls. At a hearing
held June 24 , 1 993 , plaintiff's Motion for Temporary
Restraining Order to reinstate telephone privileges was
denied.
Robert Dickey v. Warden Story et al. , CA No. 92-237 , E.D. Ky.
Bivens action against several federal officials at FCI,
Ashland.
Plaintiff alleges den ial of his First Amendment
rights to freely exercise his religion ( the Identify and
Creativity religion) because : he is not able to congregate
with o ther white men who share his religious beliefs;
rejection of pUblications pertaining to his faith; and not

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Page 4

being afforded the same institutional treatment as other
religions . Mr. Dickey is seeking $100,000 against each
defendant. On November 12, 1992 , the Magistrate Judge
ident i fied the defendants , issues , and recommended the
comp l aint be dismissed pursuant to 18 U.S . C . § 1915(d).
On
January 23 , 1993 , U.S. District Judge Wil ho i t dec l ined t o
adopt the Magistrate Judge's Report and Recommendation ,
ordered that summons be issued, and recommitted t h e case to
the Magistrate Judge for further consideration . AUSA has
f iled a mot i on for summary judgment.
U.S . v . Fowler, Criminal , ED/KY, Fcr Ashland
A criminal indictment was returned aga i nst inmate Larry
Fowler , Reg . No . 01481 - 056 for possession of escape
paraphernalia and contraband and attempted escape.
Prior to
trial Fowler plea bargained and pled guilty to possession o f a
knife.
Sentencing is set for September 7 with an ant i cipated
sentence of 27 - 33 months.
REPRESENTATION NOT RECOMMENDED FOR STAFF :

None

ITEMS OF INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, M:lVES, ETC.
Bill Burlington , Regional Counsel , i s scheduled for annual
leave July 2 , and July 26 - 30 . Bill will be in D.C. July 15 - 16
to attend a Mental Health Advisory Group Meeting.
Mar i an Callahan, Assistant Regional Counsel , is schedul ed for
annual leave July 1, 2, and 6. She will be in Discovery
tra i ning August 3 , 4, and 5 and attending plainti f f's
deposition in Philadelphia in the Bevans lawsuit on August 6 .
Kathryn Simpson, Intern, will accompany Marian for the
deposition .
K. Michael Sullivan , Attorney Advisor , is on military leave
Ju l y 6 -1 4 .
Kathy Harr i s , Paralegal Trainee, is scheduled for annual l eave
Jul y 1 , 2 , and 19.
SIGNIFICANT FTCA CLAIMS:
Horbachefsky - Claimant is pursuing poor treatment claim at
FCr Morgantown.
Claimant was released under 18 USC
3582(c) (1) (A) , at Judge ' s request .
Claimant has now fi l ed
FTCA claim for sum certain of $2 0 million, alleging that
claimant , a diabetic , was given too much insulin and t h at the
PA failed to regulate and change insulin level . Claimant went
into i nsulin coma. Allegedly as a result of medical
malpractice, claimant ' s left eye was surgically removed and
claimant is blind in his right eye . We have submitted the

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file to AFlP for their op1n1on. We are awaiting their written
opinion, but preliminary indications are not favorable.
Kirk Jones - The Regional Office is currently considering the
administrative claim of an inmate at FCl Morgantown who is
claiming that he suffered neck and back injuries as a result
of a staff assault. The inmate was documented as having preexisting neck and back problems, and the institution's
investigation showed that a staff member poked him in the
chest and pulled him by the arm while reprimanding the inmate
for looking at a female staff member in an inappropriate
manner.
SIGNIFICANT ADMINISTRATIVE REMEDIES:

None.

SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS
WASTE SITES, ETC.:
August 11,' 1993--A "test case" video mental health conunitment
hearing will take place at FCr Butner. One video camera will
be located in the mental health seclusion unit, where the
patient, the Public Defender and Bureau witnesses will be
seated. The second camera will be in the courtroom, where
Judge Earl Britt and the Assistant United States Attorney will
be located. The Public Defender has vowed to challenge this
procedure with an appeal to the Fourth Circuit. The patient
has not yet been chosen, but arrangements for the video
equipment have been made, with tremendous assistance from Earl
Parrish, Office of Technology, and Michael Brooks,
Administrative Manager, United States District Court, Eastern
District of North Carolina.

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UNITED STATES

DATE:

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.

, 1993

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Mid-Atlmitic Regional Office, AnDapolis Junction, MD 20701

A1TNOF:

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Bl.ll Bur l.ngton,
Regl.ona
Mid-Atlantic Region

SUBJECT:

July 1993 Monthly Report

REPLY TO

TO:

Wallace H. Cheney, General Counsel

A1TN:

Nancy Redding, Executive Assistant
SUBST~~IVE

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PLEADINGS (COMPLAINT, KOTION FOR SUMMARY JUDGMENT,

ETC.):

Cameron V. Kindt, IP-93-573-C, S.D. Ind., USP Terre Haute
Motion to dismiss/motion for summary judgment filed in August
1993. Bivens action wherein inmate alleges denial of low-salt
diet which was prescribed by USP Terre Haute medical staff.
Case has a tumultuous history. 'Originally filed in District
of Columbia; dismissed on qualified immunity grounds; appealed
to D.C. Circuit, which vacated ruling and transferred to S.D.
Ind.; S.D. Ind. once dismissed suit on same facts based on the
D.C. District Court's qualified immunity ruling. Motion to
Dismiss/Motion for Summary Judgment focuses again on service
of process, personal jurisdiction, statute of limitations, and
qualified immunity.
SETTLEMENTS:

Horne V. united states, 90-1505, D.D.C., FeI Petersburg
FTCA claim regarding death of an inmate at FCI Petersburg due
to cardiovascular disease. United States (BOP) previously
conceded liability and trial was set for damages in August
1993. Prior to trial, plaintiff proffered demand of $180,000
in settlement. u.S. counter-offered $105,000 on August 9,
1993. No response has been received. BOP Director/General
Counsel have authorized up to $180,000 settlement.
ADVERSB DECISIOBS OR SIGNIFICANT DECISIONS:

Santana v. Keohane, TH-93-110-C, S.D. Ind., USP Terre Haute
Habeas Corpus petition whereby an inmate at USP Terre Haute
sought sentence credit for time spent in state custody from
date of federal detainer placement in light of fact that state
sentence was later vacated. This case is not actually an
adverse decision insofar as, upon more thorough consideration,
it effectuates current Bureau policy. It is adverse only

MXR Monthly Report
Page 2
insofar
court.
towards
against

as the government urged a different result before the
The inmate received approximately 10 months credit
service of his federal sentence. A recommendation
appeal was forwarded to the Office of General Counsel.

UPDATE ON CASES, TRIALS OR BEARINGS, ETC. NOTED IN PRIOR
REPORTS:
Evans v. Thompson, 89-29-C, S.D. Ind., USP Terre Haute
Bivens case against single defendant alleging 8th Amendment
violation during forced cell move to allow a search of the
cell. Trial is scheduled for September 20, 1993. Inmate is
pro se; trial is before the bench; and AUSA is Gerald Coraz.
BOP will call approximately 10 BOP witnesses/participants in
the incident. Teresa Leneave, Paralegal Specialist, USP Terre
Haute, will attend on behalf of BOP legal. Judgment in favor
of defendant is likely.
Leavis v. U.S., 89-231-CIV-5-D, E.D. of North Carolina
Trial is set for September 27, 1993, in this personal
injury/medical malpractice action by former inmate Leavis.
The crux of the suit involves an automobile accident while Mr.
Leavis was being transported by the u.s. Marshals Service.
Mr. Leavis also alleges he received substandard medical care
once he came into the custody of the Bureau of Prisons. The
major allegations of medical malpractice focus on FCI
Tallahassee. Dan Rouse is providing assistance on this case.
Miguel Angel Batista Collazo. et a1. v. U.S., Civil No. 910017-C(S) N.D. WV
This case was originally filed in 1990 in D. Puerto Rico and
subsequently transferred to the Northern District of West
Virginia in late 1990. Plaintiffs were ordered to find local
counsel. An Informative Motion was filed by the plaintiffs in
June 1992, explaining the delay in pursuing the complaint. A
local attorney has now agreed to represent the plaintiffs, and
a settlement conference has been scheduled by the court for
September 29, 1993, in Clarksburg, WV. The complaint is filed
under the Federal Tort Claims Act with a sum certain of $2.5
million to recover money damages for alleged acts and
omissions of FCI Morgantown employees which allegedly caused
the suicide death of inmate Hector Alfredo Batista-Hernandez
on February 23, 1988. Inmate Batista-Hernandez hanged himself
in his cell. Government employees are alleged to have denied
the plaintiffs' decedent adequate psychological and/or
psychiatric treatment.
Rodney K. Bevans v. U.S., E.D. Pa. CA No. 93-0295
A straight FTCA case with a claim of $50,000. Plaintiff
alleges failure to provide medical services during his pre-

MXR Monthly Report
Page 3
designation status at Petersburg, Atlanta and Lewisburg.
Deposition held on August 11, 1993. An arbitration has been
set for September 22, 1993 in Philadelphia. We have received
an expert's evaluation in the case which is very favorable to
the Bureau, indicating that a delay of the type plaintiff
sustained in diagnosing' adult onset diabetes should not have
long term effects.
Osborne v. Rickards, E. D. Va., CA No: 3:92CV702, FCI
Petersburg
A hearing has been set for September 30, 1993, in this habeas
corpus case. The Plaintiff's sentence was computed pursuant
to BOP regulations. He is dissatisfied because he was sent to
the Marshals who in turn gave him to the state for state
prosecution. When the state alerted BOP he was in their
custody, he was then returned to BOP custody.
Plaintiff alleges that his federal confinement violates the
due process clause of the Fifth Amendment as he alleges he has
had to serve his federal sentence "piecemeal."
REPRESENTATION NOT RECOMMENDED FOR STAFF:
Foster v. Bogan. et a1., 93-CV-71241-DT, E.D. Mich., FCI Milan
MARO requested representation on behalf of a contract
physician. DOJ responded by requesting a copy of the
physician's contract ADd statement from the physician that, in
light of contract provisions regarding liability, whether or
not he still requests representation. The issue is as yet
unresolved. contract physician has repeatedly been informed
by BOP legal staff that it is unlikely he will receive DOJ
representation, and that he should retain his own attorney and
contact his insurance carrier. It is unknown whether he has
taken these precautions.
ITEMS

O~

INTEREST, PERSONAL LEAVE, BUSINESS TRIPS, MOVES, ETC.

Bill Burlinqton,'Regional counsel, on September 1, 1993, will
present a recruitment talk at Campbell University School of
Law. From September 8-10, he will attend the Sentencing
Institute for the 4th and 6th· Circuits in Durham. September
16 he will present a recruitment talk at the North Carolina
Central University Law School. On September 22 Bill will make
a presentation at the orientation for new Bureau physicians
and dentists at FMC Lexington.
Paul Layer, Assistant Regional Counsel, will be on annual
leave September 10, 23 (1/2 day), 24, and 27.
Marian Callahan, Assistant Regional Counsel, is scheduled to
travel to Philadelphia September 22 for the arbitration in the
Bevans case; and to Clarksburg, WV on September 29 for the
settlement conference in the Batista-Collazo case.

MXR Monthly Report
Page 4
Kathy Harris, Paralegal Trainee will be in Denver TOY at the
NLTC from September 13-0ctober 1 as the final component of her
training program.
Randy Everett, Legal Tech, USP Terre Haute will be on annual
leave September 7-10 and Sherian Fabo, Paralegal, USP Terre
Haute will be on annual leave September 13-17.
On September 7th Michael Sullivan will report to USP
Lewisburg. Michael has been with the Mid-Atlantic Regional
Office team for approximately one year as an Honors Attorney.
Michael has done an excellent job handling a very heavy work
load. We all wish Michael the best of luck! On September
8th, Jonathan Cramer reports to MARO as our new Honors
Attorney. We look forward to getting Jonathan on board.
SIGNIFICANT FTCA CLAIMS:

None

SIGNIFICANT ADMINISTRATIVB REMEDIES:

None.

SITUATION OF INTEREST, CONTACT WITH FEDERAL BENCH, HAZARDOUS
WASTB SITBS, ETC.:
Conchita Washington v. Reno et al., (E.D. Kentucky - FCI
Lexington)
On August 11, 1993, Judge Henry Wilhoit held a hearing to
determine whether the BOP had violated an earlier injunction
by publishing in the Federal Register on July 21, 1993, a
proposed rule on the Inmate Telephone System (ITS). While
Judge Wilhoit decided not to find Assistant U. S. Attorney
David Bunning in contempt, he did order the period for public
comment on the proposed rule extended for 60 days, or until
October 20, 1993. The injunction, which prohibits the BOP
from implementing the new ITS at Lexington remains in effect.
Plaintiff's counsel has asked that this case be certified as a
claso action, but no decision has been rendered on this aspect
of the case.