Fbop Ncr Monthly Report 1996dec
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U.S. Department of Justice Federal Bureau of Prisons North Central Region Kansas City, KS 66101-2492 January 10, 1997 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN R. SHAW, Regional Counsel SUBJECT: MONTHLY/QUARTERLY REPORT (December 1996) LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 37 31 40 37 35 26 25 30 27 17 JUL AUG SEP OCT NOV DEC 65 55 71 61 JUL AUG SEP OCT 187 228 NOV DEC 206 171 25 15 Total for Calendar Year 345 342 Pending ADMINISTRATIVE CLAIMS: JAN 118 FEB MAR APR MAY JUN 119 115 106 74 45 89 67 Total for Calendar Year 985 351 Pending ADMINISTRATIVE REMEDIES JAN 262 FEB MAR 219 188 APR 252 MAY JUN 232 Total for Calendar Year 2,562 228 198 193 3 One relating to retaliation. The court of appeals reversed dismissal of counts ONE (A.D. placement only), SIX, SEVEN, TEN, ELEVEN, TWELVE AND THIRTEEN (use of force only) . SETTLEMENTS OR JUDGMENTS Coy Phelps v. Carlson. et al, D. Minn. Case No. 4-95-735, FMC Rochester This case was initiated against several BOP employees, two mayo clinic affiliated hospitals and several John Doe Defendants. In November, 1992, the district court granted summary judgment to some of the defendants and dismissed the complaint for failure to state a claim as to all others. The plaintiff appealed, and the Eighth Circuit affirmed in part, reversed in part and remanded. See Phelps v. u.S. Government, 15 F.3d 735 (8th Cir. 1994). The three issues remanded back to the district court were (1) allegations of violations of the 5th Amendment right against self-incrimination; (2) violation of the 1st Amendment religious exercise (Mr. Phelps professed to be a white supremacist); and (3) violation of 5th Amendment due process. Following the remand, the government resubmitted a motion for summary judgment. The government received an adverse report and recommendation. After discussion with institution staff, it was agreed that this claim would be settled for $350.00 under the FTCA. Mr. Phelps had filed an FTCA claim alleging loss or mishandling of his mail. DECISIONS OF INTEREST United States v. S.A., D. Minn, Civil No. 4-96-184, FMC Rochester S.A. was adjudicated delinquent and committed to the custody of the Attorney General. As he approached his 21st birthday, he was referred to FMC Rochester for evaluation as to whether his release would create a substantial risk of bodily injury to another or serious damage to the property of another. Following the evaluation, BOP staff initiated a petition for commitment under 18 USC 4246. the Federal Public Defender's Office argued that the district court lacked jurisdiction, because S.A. had never been charged with or convicted of a crime. Instead S.A. had been adjudicated delinquent, a civil procedure. A U.S. Magistrate Judge took testimony on the issue of S.A. 's mental condition and need for treatment. The Magistrate recommended that the court lacked jurisdiction because 18 U.S.C. 4246 did not apply to juvenile offenders, but if it did apply, S.A. was mentally ill, and his release would create a substantial risk of bodily injury to others and/or serious damage to the property of another. 4 The government submitted timely objections. Judge Doty sustained the government's objections and concluded 18 U.S.C. 4246 was applicable to juvenile offenders. S.A. has been conditionally released. The Federal Public Defender is contemplating appeal. PENDING CASES OF INTEREST AYler v. Vereforth, et aI, S.D. III Case No. 96-046-JPG & Okai v. Verefurth, et aI, S.D. Ill. Case No. 96-047-JPG, FCI Greenville These two similar cases contain allegations against staff alleging excessive use of force in the aftermath of the October, 1995 disturbance. We have spent an extensive amount of time reviewing OIA reports and other documents to ascertain the involvement of the defendants. The matter is complicated because the agency took administrative disciplinary action against some of the defendants for conduct involving other inmates. We have been working closely with DOJ staff regarding representation issues. In Okai v. Verfurth. et al., three defendants were approved for representation while three were not. Former U.S. Attorney Frederick Hess is representing one of the employees denied representation. Two new defendants were recently interlineated as John Does. Representation for these individuals is pending with DOJ. In Tyler v. Verfurth. et al., four of the defendants are being represented Jesselyn Brown, Constitutional Torts. Branch, Civil Division; one employee was approved outside counsel by DOJ and is represented by Michael Nester; and three employees were denied representation by DOJ and have been represented to date by Frederick Hess although conflicts may arise Terrence Smith v. Marvin King. et. al., Case No. 96-507-JPG. This case follows on the heels of Okai v. Verfurth. et ale and Tyler v. Verfurth. et ale alleging similar claims of excessive force in the aftermath of the October 1995 disturbance. As in those cases,· we have spent extensive time reviewing OIA reports and other documents to ascertain· the involvement of the defendants. Also as in those cases, the agency took administrative disciplinary action against some of the de:endants for conduct arising out of the time period referenced in the complaint. In the present case, however, at least one of the defendant's disciplinary actions resulted from violations involving the plaintiff. We continue to. work closely with DOJ staff regarding representation issues. 5 RELIGIOUS FREEDOM RESTORATION ACT CASES No new RFRA cases. CRIMINAL HATTERS Trial preparations continue in the USP Leavenworth case of United States v. Storey (District of Kansas). Inmate Storey is charged with capital murder for killing another inmate in a SHU exercise cage. Trial is scheduled to begin in April, 1996. Four Florence inmates are scheduled to be sentenced in January for their part in the October, 1995 disturbance at FCI Florence. All four pleaded guilty or were fo~nd guilty of riot. ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST To implement the provisions of the new quality assurance program statement, FTCA administrative claims alleging inadequate medical care are routed through the regional health service administrator to facilitate identification and review of potentially difficult cases. STAFF TRAVEL AND LEAVE John Glynco & Atlanta Daryl Glynco & Atlanta January 6,7,8 Madison, Wisconsin January 20-23 Farmer v. Brennan trial Dan None Scheduled Tom None Scheduled Gwen None Scheduled Janet Annual Leave Gary None Scheduled January 6,7,8 January 2,3 Claims database WAN to Mary Rose Hagan on January 2, 1997.