.

....

UNITED STATES GOVERNMENT

memorandum
DATEIi!ij.
Nov ~r
J.O,)1992L
REPLY TO
ATTNOp'·

SUBJECT:

TO:

~./-:.
n R
, Regional Counsel
North central Region
MONTHLY REPORT ._ (0 C!...-l ' '1 2-

J

161992

Wallace H. Cheney, Assistant Director
General Counsel and Review

PENDING TRIALS/HEARINGS

united states v. Henry Andrews, 89-CR-908, N.D. Illinois, MCC
Chicago. A Bureau staff member is currently scheduled to testify
at a hearing on Monday, November 16, 1992 before Judge Holderman.
There were no other reports of pending trials or hearings received
from institutions within this region.
DECISIONS/SETTLEMENTS/CASES OF INTEREST

Kikumura v. Turner, 92-132-WLS, S.D. Illinois, USP Marion. In
this foreign publications case, the institution has re-drafted its
institution supplement to address the receipt of foreign
publications.
The supplement will discuss the qualifications to
receive such materials and the acceptable sources for the
publications. Currently, the institution is waiting for a response
from the General Counsel's Office after discussions with this
office.
Farmer v. U.S.A., 92-C-437-S, W.D. Wisconsin.
In this FTCA claim, Inmate Farmer complains of inadequate treatment
of his transsexualism at FCI Oxford, USP Terre Haute, and USMCFPSpringfield. In preparation for a December 4, 1992 trial setting
in Madison, Wisconsin, potential witnesses were contacted and an
expert witness was sought on the issue of proper treatment of
transsexuals in the institution environment.
On November 5, 1992, U.S. District Judge John C. Shabaz denied both
defendant's motion of summary judgment and plaintiff's request for
appointed counsel. The Assistant u. S. Attorney filed a Motion for
Reconsideration. On November 10, 1992, Judge Shabaz reconsidered
and granted defendant's motion and dismissed plaintiff's claims
which arose at FCI Oxford. Plaintiff's claims arising at USP Terre
Haute and USMCFP Springfield were transferred to the Western
District of Missouri.
OPTIONAL FORM NO. 10
(REV. 1-80)
GSA FPMR (41 CFR) 101-11 ••

solo-n ..

.,

2

Farmer v. Mothersead. et aI, 92-3074-CV-S-4, FCI Oxford, USP Terre
Haute, USMCFP-Springfield.
In this case, inmate Farmer filed a civil rights (Bivens) complaint
alleging deliberate indifference at USMCFP-Springfield to a serious
medical condition; namely his transsexualism. The claims are very
similar to the FTCA complaint discussed above.
At the present
time, d~fendants have not been served pending an order of the court
concerning Farmer's request to proceed in forma pauperis.
Farmer v. Haas. et aI, 89-C-524-S,

w.o.

Wisconsin.

In this case, inmate Farmer also filed a civil rights (Bivens)
complaint alleging, again, deliberate indifference to his serious
medical condition of transsexualism. The case proceeded to trial
before a jury at which a verdict was entered in favor of the
defendants, finding that Farmer's constitutional rights were not
violated. The 7th Circuit court of Appeals has permitted Farmer to
proceed in forma pauperis on appeal and has appointed counsel.
Farmer's brief has not yet been filed.
STAFF TRAVEL AND LEAVE

Daryl
Gary
Helen
Jackie
John
Paul

NOVEMBER
NOVEMBER
NOVEMBER
NOVEMBER
NOVEMBER
NOVEMBER

10-12-13-25-27-30
12-13-27
23-24-25-27
27
12-13
27

Annual Leave
Annual Leave
Annual Leave
Annual Leave
Chicago
Annual Leave

i .- p ril 1"'- n
l f{, IS .
L~ l'J lS U L ., ,

::0)

UNITED STATES GOVERNMENT

memorandum

DATE:
RI!: ..LYTO
ATTN 01"' :

SUBJECT:

TO :

JohnA ~Shaw, R.eg :i,bnal Counsel
Nort h fentral Re~on
MT THj
REPORT UJ 0 V)
Wallace H. Cheney, Assistant Director
General Counsel and Review

PENDING TRIALS/HEARINGS
FCI Oxford

Da uks za and Rutledge v. Warden, 92-C-475-S, W.D . Wisconsin, Trial
s cheduled for December 31, 1992.
The inmate plaintiffs brought
this Bivens suit alleging that the defendant violated their First
Amendment right to freely practice their religion.
Plaintiff's
allege they were placed in Administrative Detention for practicing
their religion, which requires them to keep their heads shaven.
Plaintiff's profess to be members of Syda, the Theosophical Society
of America.
MCC chicago

united States v. Henry Andrews, 89-CR-908, N.D. Illinois, Hearings
have been on going since october 1992.
This case relates to the
recent criminal prosecution of approximately 25 El Rukn gang
members from the Chicago area . The inmates' counsel have alleged
staff improperly e x punged positive drug tests and provided other
favors for the inmates testifying against the El Rukns in their
criminal trials.
The criminal defend a nts assert the prosecuting
AUSA acted in bad faith by not informing the court of the favors
extended to the government witnesses and by not allowing them an
opportunity to impeach those witnesses. It also appears that staff
at MCC Chicago unintentionally failed to fully -- comply with -court orders and subpoenas for the production of Giglio material which
had been requested by the defendants.
Bureau staff have been
required to testify at various times during these hearings and it
is possible that additional staff may be required to appear in the
near future. These hearings, if successful, may allow certain gang
members to obtain a new trial.
There were no other reports of pending trials or hearings received
from the remaining institutions within this region.

OPTIONAL FORM NO. 10

(REV. 1-80)
GSA ,-pM" (41
S010-114

c ...ft) 101-11 .1

2

DECISIONS/SETTLEMENTS/CASES OF INTEREST

The U.S. District Court, D. Minn., denied several BOP defendants
motion for summary judgment in Henderson v. Baird. et al (FMN 5-91137). This case involves a 1987 IDC action. The U.S. Attorney is
seeking leave to appeal. This case has been previously reported.
Prows v. BOP, et al, lOth Cir. No.s 92-1245 and 92-1301 (D. Colorado
No. 91-C-710).
The lOth Cir. affirmed the district court in
denying inmate Prows a transfer back to FCI Englewood and held . that
18 USC 3624 does not provide an inmate a right to a six month CCC
placement.
This opinion will be published.
This case has been
reported to the OGC.
STAFF TRAVEL AND LEAVE

Daryl

DECEMBER 15-16

Gary
Helen
Jackie

DECEMBER
DECEMBER
DECEMBER
DECEMBER
DECEMBER

Oral argument in Bellecourt v.
USA before the Eighth Circuit
Annual Leave
23,24 & 28
Annual Leave
18 & 31
Annual Leave
28
sick Leave
15 - 24
Annual Leave
28 - 31

DECEMBER
DECEMBER
DECEMBER
DECEMBER

24
1 10
24

John
Paul
sonya
Erv

&

28
18

& 11
& 28

Annual Leave
FLETC
Admin. Leave
Annual Leave

UNITED STATES GOVERNMENT

DATE ,

REPLY TO !;
ATTNOF1-

rl

SUBJE'I1'

TO ,

memorandum

rJa uary ~~9
~

xCv-tA/f.

onn R f
, egional Counsel
North Cen ral Region
MONTHLY/QUARTERLY REPORT NARRATIVE

!;),/p..

Wallace H. cheney, Assistant Director
General Counsel and Review
PENDING TRIALS/HEARINGS

There were no reports of pending trials or hearings received from
the institutions within this region.
DECISIONS/SETTLEMENTS/CASES OF INTEREST

Campbell. et al. v.
Henman, 89-3576-WLB,
S.D. Illinois, USP
Marion. In this habeas corpus case contesting disciplinary actions
against several inmates, the petitioners' request for an "in
camera" review of materials compiled during the investigation of
the death of inmate Thomas Lamb was granted.
The court's review of the investigatory file produced two types of
information which qualifies as exculpatory evidence:
facts
indicating Lamb committed suicide and facts placing some of the
petitioners outside the unit during the time they were charged with
the killing. Thus, the court directed the respondent be given 120
days to conduct new disciplinary proceeding after providing the
petitioners the exculpatory material, in complete or redacted form;
restore the good time credits taken from the petitioners as a
result of the disciplinary proceedings and expunge the disciplinary
proceedings from the prison file.
Gonzalez v. Henman,
Leavenworth.

et aI,

92-3476-RDR, District of Kansas, USP

In this case, Inmate Gonzalez filed a civil rights complaint
against staff at USP Leavenworth.
Gonzalez alleges that he is
being denied the special diet required for his physical condition
and requests injunctive relief.
After reviewing inmate Gonzalez's case, Federal District Judge
Richard Rogers
concluded that no real medical emergency was
present and dismissed the suit suggesting that Gonzalez
pursue relief through the administrative grievance program.
Gee v. cripe
Lewisburg.

et

al.,

86-4239,

S. D.

ILL.

USP

Marion,

USP

OPTIONAL FORM NO. 10
(REV.l-ao)
GSA I""PMR (41 CP'R) 101.11 .•
5010..114

2

In this case, Inmate Gee filed an amended complaint with the courts
pertaining to events that occurred at USP Lewisburg, and at USP
Marion in 1984. Gee contends that in May 1984 he was charged and
found guilty by the USP Lewisburg IDC without being afforded a 24
hour notice of the charge. Subsequently, he was transferred to USP
Marion.
In addition to claims of due process violations, Gee also
alleges that he was deprived of food, water and toilet facilities
while in transit to USP Marion. When he arrived at USP Marion, Gee
alleges that staff physically beat him, forced him to undergo
several x-rays and submit to a rectal examination. On september
12, 1984, Gee was brought before USP Marion's IDC for are-hearing
which upheld initial sanctions imposed by the USP Lewisburg IDC.
Gee contends that this court conspired to deprive him of his rights
to a fair hearing.
Jones FTCA Claim. Wrongful Death, MCFP springfield.
In this wrongful death claim, the mother of inmate Eddie Bishop
Jones has filed a FTCA for $5,000,000.00.
The claimant contends that MCFP Springfield staff used excessive
and reckless force to restrain her son. This action resulted in
the death of Eddie Jones on December 11, 1990.
This potential action contains some elements of concern for the
Federal Bureau of Prisons in that the inmate died as result of
staff action in applying restraints. Also, the video tape of the
SORT Team action in this case is the subject of an FOI/PA request
by a news agency and several other requestors.
.
Dauksza and Rutledge v. Warden, 92-C-475-S, W.D. wisconsin,
December 31, 1992. The inmate plaintiffs brought this Bivens suit
alleging that the defendants violated their First Amendment right
to freely practice their religion by not allowing them to shave
their heads and offer their hair as a sacrifice to their god.
At a hearing the court found that shaving one's head was not a
devotional requirement of the religion and that placement in
administrative detention did not violate their right to practice
their religion.
united states v. Henry Andrews, 89-CR-908, N.D. Illinois, Hearings
have been on going since October 1992. This case relates to the
recent criminal prosecution of 50+ El Rukn gang members from the
Chicago area.
The inmates' counsel allege staff improperly
expunged positive drug tests and provided other favors for the
inmates testifying against the El Rukns in their criminal trials.
The criminal defendants assert the prosecuting AUSA acted in bad
faith by not informing the court of the favors extended to the
government witnesses and not allowing them an opportunity to
impeach those witnesses.
Bureau staff have been required to
testify at various times during these hearings. These hearings are

3

finally nearing their conclusion, if successful, the criminal
defendants may be allowed new trials. A decision by the court is
expected in the very near future.
STAFF TRAVEL AND LEAVE

Jackie
John

JANUARY 12 JANUARY 11 -

22
15

sick Leave
Annual Leave

LITIGATIOII
LOC

NOM

He

FTC

BIV

OTH

CLD

ANS

PEN

-

51'-1 1'17

HIT

SET

Awn

MXR

NER
SER
NCR

«

'LL{ 3

'-..7

/

SCR

;2...~

.

WXR

co
TOT

NARRATrvB ARaLY818
OEPXNI'l'IQH.
LaC - LOCA1'IOK
NlJJI - HOKIU 01' TOTAL LAWSUITS FILED IN QUARTER

Be - HUKB.. O. BABBAS CORPUS ACTIONS PILED
FTC - NUMBB. OP PTCA ACTIONS PILED
BIV - HUMB.. O. BIVENS ACTIONS FILED
OTH - OTBBa ACTIO.. I'ILBD
AH. - NUMBBa O. LITIGATION REPORTS COMPLETED
PBR - PBIIDIlIa
CLD - HUKBla OP ACTIONS CLOSBD

HIT - HOXBIR OP BBARINGS OR TRIALS (INCLUDE INFO IN NARRATIVE)
SET - NUKBBa 01' SBT'l'LBHBN'1'1 (IHCLtmB IDO IN NARRATIVE)

AWD - NUXBB. OJ- AWARDS (IHCLOD! IDO IN NARRATIVE)
GOVBRJDD!:II'I ACTION AND DATB 01' ACTION - (INCLUDE IN NARRATIVE)

TORT CLAIMS
LOC

PROP

NOM

PI

APPR

~

5'

AMT

DEN

PEND

A/a

00

AlP

MXR

I

HER

SER
NCR

II~··

e3

/c'l.fS- Jl~

2..32...

--

S3

SCR

-

WXR
I

I

I

TOT

NARRATIVE AHaLYSZS
DEPINITIONS
LaC - LOCATIO.

NUX - NUMBSa

~%LBD

IH QUARTER

PROP - PRO •••n CLAIM
PI - PBUODL IB3'URY CLAIX

APPR - APPROVBD
AM'l' - TOTAL AIIOUI1'1' APPROVED

DIN - DERIBD
PENt) - PBII'DIBCI
OD - NOHBBR OVERDUB
A/O - AVE DO. HUMBBR 01' DAYS OVERDUB

AlP - AVERAGB LENGTH OP TIKB TO PROCHas

.:,

.. '.

. ..

UNITED STATES GOVERNMENT

DATE:

Ja

memorandum

'Pary~~~9~u

~ffl ~onal

Counsel
North Cen ral Region
MONTHLY/QUARTERLY REPORT NARRATIVE
TO:

Wallace H. Cheney, Assistant Director
General Counsel and Review
PENDING TRIALS/HEARINGS

There were no reports of pending trials or hearings received from
the institutions within this region.

C.

DECISIONS/SETTLEMENTS/CASES OF INTEREST

.~ A.

o'"':t\

wh.cJ-.. 'SeW. i n~~

Cam bell
et a I v.
Henman 89-3576-WLB,
S.D. Illinois, USP
Marion . . . . . his habeas co~
contest~ disCiPl~li actions
against~Qral ;r,ma~es, ---tihe ~~~i't!ieB!~G' request
an "in
camera" review of materials c m~~led du:in~;he inv~tigation of
the death of inmate Thomas La .wa& gZ2ZrlW':II. 'fS'J ~

ra.

-:Ln £w,~in:q ~

et· ~ R!V".J.ece ~ ~ ~o\- ~ c1
'Hie ee1:lR"s:='re,iew t1f the in stigatory file,p.sQJ]ced tlllJe~f if'
vOl
iMc1matloH wlilcli ff\lslifies as exculpatory =!Z~dence:
facts o~ ~
indicatin-i~mb committed suicide and facts .1&eift~ some of the Ps'
p~ peLiL~o11e1s outside ~he unit duz:ing the time t h e a £ ::a~~~4f::i,
dl&
the k111ilIgu.
he court dl.rected the ~speh·- be ~~~~eft leo ~
.days" to conduct~ne disciplinary proceedin aftep pP8 l Ji4iug tlIe ~~~-IlcJ
· ·
· 1, in compl e or redacted fOrDl4 "ik~
ime credits t
..
s as -a m
•
)l~ c.! r.
·
and expun e the disciplinary
o,J..lf
proceedings from he prison file. r. .
v-'~ ',~ ~~ ~,
~
~d on ~
I
r't'A+u"~ t'"'to ~~nS\d.
Gonzalez v. Henman. et aI, 92-3476-RDR, District of Kansas, USP
Leavenworth.

.

1f'Q.P

-.v"''''-

.,.,,..,d,r\.r

In this case, Inmate Gonzalez filed a civil rights complaint ~•._:BO~
against staff at USP Leavenworth.
Gonzalez alleges that fte is~, u1
being deliied the special diet required for his physical condition n~C"f\
and· requests injunctive relief.

r

~c-

~

After reviewinq inmate Gonzalez'
case, Federal District Judqe
Richard Rogers
concluded that rno 4!cal medical emergency wa&'
~FeBe~ and dismissed the suit suggesting that Gonzalez
pursue relief through the administrative grievance p~paa.

'7

CL.. c::Lu,..r c...,

Gee v. cripe
Lewisburg.

et

al.,

86-4239,

S. D.

ILL.

USP Marion,

USP

OPTIONAL FORM NO. 10
(REV. 1-80)
GSA P'PMR (.1 CPR) 101-11 ••
IO'~II.

~ BoP
In this case, Inmate Gee filfdF:

\lio(.

~

r+.

To

~

2

amended complaint with the courts

~cLLalning

to events that~ccur ed at USP Lewisburg, and at USP
Marion in 1984. Gee conte ds th t in May 1984 he was charged and
found guilty by the USP
wisbu
IDC without being afforded a 24
hour notice of the charg. Subs
ently, he was transferred to USP __ .-I ~
Harion.
rauurcTt
clailps
.,
,....Gee also~
~eoSllegQ& tQat~4~ deprivedUb~~oOd' water and toilet faci~ties
while in transit to USP Marion.~ When he arrived at USP Marioni Gee
alleges that t staff physically eat him, forced him to undergo
several x-rays and submit to a rectal examination.
On september
12, 1984, Gae was ere\iljft~ before USP Marion IS IDC fe:tP 8 ~e Bea~d n9
whiQh uphel~nitial sanctions imposed by the USP Lewisburg IDC.
Gee contends that this court conspired to deprive him of his rights
to a fair hearing:
?
Jones FTCA Claim. Wrongful Death, MCFP springfield.
In this wrongful death claim, -eke lBe'tfte~ ef inmate Eddie Bishop~ ~
Jone~has filed a FTCA for $5,000,000.00.
~(,£
-The Qlaima~ contends that MCFP springfield staff used excessive
and reckless force to restrain her son.
This action resulted in
the death of Eddie Jones on December 11, 1990.

's

of

~~o..t

ij

This .potQR'6ia~ action )3&ft1:~in~ ~e ~R1!" Sf. concern for t h 6 C P ]
F~Qral Bn~eeut cf PI1~t::S'fts--3:-rr- t:ftafl~the ~nmate d~ed as result 0
~
s€:sff alil.ten in applyIng restra~nts. Also, the video tape of the r';""'~
SORT Team action in this case is the subject of an FOI/PA request ~n.
by a news agency and several other requestors.
5~{~.
92-C-475-S, W.D. Wisconsin,
te plaintiffs brought this Bivens suit
alleging that the ~~~~~ violated their First Amendment right
to~:tPeely practice their religion by not allowing them to shave
their heads a~offer their hair as a sacrifice to their god.

AX a Aea~iR~'lhe court found that shaving onels head was not a
devotional requirement of the religion and that placement in
administrative detention did not violate their right to practice
their religion.
l_~
Tw ~ r - . . )
N.D. IllinoisQ!Hearings
a
• This case relat1a~ to the Cl"'-~ti,.q
recent criminal prosecution of 50+ El Rukn gang members from the _ U
J
Chicago area.
The inmates I counsel allege staff imp r 92er1y sv'\u..
expunged positive drug tests
d provided other favors ~ the ~ola,2-·
inmates t
· ying against the 1 Rukns.lti the. e.imina' trial&;,
The
assert the prosecuting AUSA acted in bad
faith by not informing tll~ co rt of the favors extended to the
gove~ ent witnesses and V1.not allowing them an opportunity to
impe h those witnesses.
Bu~eau staff have been required to
test · fy ~t various times during lthese hearings. These hearings are

~~:l~:::;~~~~~~~;;~~8~9;-tC;R~-e908,

~OK'J r.-.~'o~

\~("O)(.

b~

50

3

HiRally nearing their conclusion. ~ successful, ~ criminal
defendants may be allowed new trials. )... dEC1sion by t:he cour~ is
expected in the ~2Y near future.
~,
STAFF TRAVEL AND LEAVE

Jackie
John

JANUARY 12 JANUARY 11 -

22
15

Sick Leave
Annual Leave