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Zoldak - jan_02.rpt.wpd

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U.S. Department of Justice
Federal Bureau of Prisons
North Central Regional Office

Tower II. 8th Floor
400 State Street
Kansas City, KS 66101-2421

February 11, 2002

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
GENERAL COUNSEL AND REVIEW DIVISION

FROM:

DARYL KOSIAK. Regional Counsel

SUBJECT:

Monthly Report (January 2002)

LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS
LITIGATION:

INST

NUM

He

FTC

BIV

OTH

ANS

PEN

CLD

HIT

SET

AWD

NCR

21

12

3

4

7'

23

463

91

13

1

0.00

Total cases for Calendar Year· 317
-Includes Mental Health Cases under 18 USC § 4245 (not counted in the total number)
NUM·
HC FTC·
BIVOTHANSPEN·
CLD-

HIT' •

SET·

AWD·

Number of total lawsuits filed in the month
Number of habeas corpus actions filed In the reporting period
Number of FTCA actions flied
Number of Bivens actions flied
Number of other actions flied, e.g., mental health, mandamus
Number of litigation reports completed
Number of cases pending
Number of cases closed
Number of hearings or trials (include in narrative)
Number of settlements (include in narrative)
Number of Awards (Include In narrative)

.--- ----------------------

4309

------

·.

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(

North Central Region
Regional Counsel Monthly Report
January 2002
Page 2
NCR

o

2

o

o

19

Petitions filed

Hearings

18 USC § 4245

6

4

18 USC § 4246

8

5

Mental Health

o

8

o

0.00

ADMINISTRATIVE CLAIMS

JAN
#Pending

212

#Received

46

#Answered

48

#Over6
month
#Pending

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

(

1
203

Total for Calendar Year· 46

ADMINISTRATIVE REMEDIES

JAN
#Received

228

#Answered

239

# Rejected

108

FEB

MAR

APR

MAY

JUN

Total for Calendar Year· 228

4310

JUL

AUG

SEP

OCT

NOV

DEC

."

..

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Joyce Zoldak - jan_02.rpt.wpd

(
'<

Page 3

North Central Region
Regional Counsel Monthly Report
January 2002
Page 3

FREEDOM OF INFORMATION ACT/PRIVACY ACT REQUESTS

FOIAIPA

JAN

#Pending

74

#Received

82

#Processed

60

#Backlog

0

FEB

MAR APR MAY

JUN

JUL

AUG

SEP

OCT NOV DEC

Total for Calendar Year - 82

ADVERSE DECISIONS
Nothing to report.
SETTLEMENTS OR JUDGMENTS
White v. U.S., Case No. 96-M-952, USP Florence
This was an FTCA action alleging staff failed to protect the plaintiff from assault by another
inmate in SHU. The AUSA settled the action during the settlement conference on January 23.
2002.TIie. case' was settle~ for $~3~0~0.

DECISIONS OF INTEREST
Diego Gil v. James Reed. et al., Case No. OO-C-724-C, FC. Oxford
The Defendant's Motion for Summary Judgment was granted on January 30,2002. dismissing all
claims. The plaintiff had alleged the defendants provided him with inadequate medical care in
violation of the 8th Amendment, and that the U.S. was liable under FTCA for the negligent or
reckless provision of medical care.
McHenrv v. USA, Case No. 01-3256-CV-S-4-H, USMCFP Springfield
This case was dismissed on January 9, 2002. Petitioner had alleged that respondent was
denying him 17 months incarceration time due to a detainer lodged against him while he was in
state custody awaiting adjudication on the state detention.

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North Central Region
Regional Counsel Monthly Report
January 2002
Page 4

PENDING CASES OF INTEREST .
Michael F. Disch v. Lt. Friar. et aI., Case No. 01-C-6S0S, MCC Chicago
On January 22, 2002, the plaintiff signed an agreed stipulation to dismiss with prejudice this
Bivens action pursuant to Fed. R. Civ. P. 41(a)(1)(ii). The original document was forwarded to
the AUSA for his signature and filing with the court. This action was initiated after the inmate
mentioned he wanted to dismiss his case. but did not know how.
Bryant v. Hines. et at, Case No. 97·S-891, USP Florence
On January 11, 2002, the plaintiff offered to settle this matter against all defendants for $10,000.
The offer is being reviewed and discussed with Mary Mason. Torts Branch. This is a Bivens
action wherein the inmate is claiming abuse and cover-up by several staff members in 1996.
Willis v. Holt, Case No. 01-WM-224S, USP Florence
This is a habeas action wherein the inmate claims his due process was violated as a result of
being disciplined and sanctioned without receiving prior "fair notice" that refusing to go to the
compound from SHU was a prohibited act. The inmate also argues that ordering him to the
compound when he placed himself in SHU for protection, and using his refusal as evidence of
guilt violates his constitutional right to protection.
Zaldivar-Castillo v. Gunia, Case No. 01-Z-231S, USP Florence
This is a habeas action wherein the inmate is challenging his indefinite incarceration as an INS
detainee under Zadvydas. The inmate is a Mariel Cuban. A declaration concerning the inmate's
efforts to exhaust his administrative remedies was provided to the AUSA on January 31, 2002.
The remainder of the litigation assistance will be provided by the INS.
Bean et. al. v. U.S., Case No. 01-1025, FCI Greenville
This is an FTC A action alleging that an officer negligently allowed the finger of a child to be
slammed in a door. The child allegedly suffered amputation of the fingertip and permanent
scarring. The mother allegedly incurred medical expenses and lost wages. Damages in the
amount of $500,000 and attorneys fees are sought.

RELIGIOUS FREEDOM RESTORATION ACT
No new cases.
UPCOMING HEARINGS AND TRIALS
Kikumura v. Hurley and Gallegos, Case No. 98-8-1442, ADMAX Florence
Chief Judge Babcock set another status conference in this matter for February 28,2002. During
this conference, the Judge will determine whether there needs to be a hearing on the merits.
pursuant to Rule 65. The Judge also granted the plaintiff limited discovery, which includes ten
admisSions, ten interrogatories, and ten requests for production in preparation for a hearing on

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---_._ .. - - - North Central Region
Regional Counsel Monthly Report
January 2002
Page 5
the merits.
US v. Stroud, Case No. OO-CR-0133,-FCI Florence
Trial in this matter is set for February 11. 2002. J. D. Crook assisted AUSA George Gill in
obtaining central files and medical records of numerous inmate witnesses. and also provided a
crime scene tour to the defendant's private investigator on February 5.2002.
Van Somere" v. United States, Case No. 01-5005, FMC Rochester
This is an FTCA action filed in the Western District of Arkansas. The matter is set for trial to
begin on February 19. 2002. The legal department has provided extensive assistance to the
AUSA as he is unfamiliar with prison litigation.

CRIMINAL MATTERS
State v. DeForest, FCI Greenville
On January 10. 2002. Timothy DeForest was sentenced to 45 months in the Illinois Department
of Corrections for the attempted introduction of cannabis into the institution.

('.

USP Terre Haute
On January 7. 2002. Inmate Tommy Ray McAdoo was sentenced to 70 months imprisonment
following his guilty plea to assault with a deadly weapon. Inmate McAdoo struck inmate Marshall
Fitzgerald numerous times with a steel bar. Fitzgerald sustained serious injuries including the
loss of his left eye as a result of the assault.

PERSONNEL ISSUES

STAFF TRAVEL AND LEAVE
February 11-15
February 19-21

San Diego
South Carolina

February 19-21

South Carolina

February 1-7
February 8

Glynco. GA
Annual Leave

February 4-25
February 26

Salt Lake City
Annual Leave

February 11-15

San Diego

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0

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