Fbop Ncr Monthly Reports 1997nov-dec
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
·U.S. DEPARTMENT OF JUSTICE Kansas City, KS 66101 December 5, 1997 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW JOHN R. SHAW, Regional Counsel FROM: SUBJECT: LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: NUM - Number of total lawsuits filed in the month (1) He - Number of habeas corpus actions filed In the reporting period FTC • Number of FTCA actions filed BIV - Number of Bivens actions filed OTH - Number of other actions filed, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLD - Number of cases closed Hrr - Number of hearings or trials (Include in narrative) SET - Number of settlements (include In narrative) AWD - Number of Awards (Include In narrative) Total new cases for calendar year 357 ADMINISTRATIVE CLAIMS: JAN 70 FEB MAR APR MAY 98 95 66 95 Total for Calendar Year Pending JUN • 842 491 JUL AUG SEP 151 69 62 OCT 72 NOV 6-1 DEC ADMINISTRATIVE REMEDIES JAN 176 FEB 180 MAR 210 APR 196 MAY 226 Total for Calendar Year JUN 140 JUL 164 AUG 163 SEP 154 OCT 229 NOV 163 DEC 1,838 FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS ACTUAL ON-HAND ACTUAL RECEIVED ACTUAL PROCESSED ACTUAL BACKLOG FOIA 0 0 0 0 PRIVACY ACT 49 44 55 10 ADVERSE DECISIONS Eugene A. Schmitz.. Jr. v. Percy Pitzer, District of Minnesota, Case No. 97-C-240-C Fred Odell Price III v. Bureau of Prisons, District of Minnesota, Case No. 97-563 Timothy S. Egan v. Kathleen M Hawk, District of Minnesota, Case No. 4-96-284 Donovan Matthew Sisneros v. J.W. Booker, District of Minnesota, Case No. 97-Z-6S1 Three different U.S. District Courts within the North Central Region rendered adverse decisions. ruling that section 9 of Program Statement 6162.02(9), Definition of Term, "Crimes of Violence," is an invalid legislative rule. On November 18, 1997, Judge Barbara Crabb in the Western District of Wisconsin so ruled in Eugene A. Schmitz. Jr. v. Percy Pitzer, case number 97-C-240-C. On November 25, 1997, Judge John R. Tunheim, in the District of Minnesota issued orders voiding section 9 in Fred Odell Price III v. Bureau of Prisons, case number 97-563 and Timothy S. Egan v. Kathleen M Hawk, case number 4-96-284. The next day Judge Zita L Weinshienk, in the District of Colorado, tilled in this same manner in Donovan Matthew Sisneros v. J.W. Booker, case number 97-Z-651. The United States Attorney· Office in the District of Colorado and Western District of Wisconsin are probably not going to recommend appealing to their respective circuits. The United States Attorney's Office for the District of Minnesota is considering an appeal, but may instead motion the Court to stay execution of the order because the validity of section 9 is being evaluated by.the Eighth Circuit in a group of cases on December 11, 1997 (See Upcoming Hearing and Trials) Williams v. Hedrick, S.D. III., Case No. 96-862-JPG Q The court held that plaintiff s conviction of felon in possession of a frreann was not a per se crime of violence. Instead, the court held that BOP regulations and Seventh Circuit precedent mandated that the BOP use a "case by case" analysis of the circumstances surrounding § 922(g) convictions. As a result of the holding, the court ordered the BOP to reevaluate the petitioner's application for early release. The USP Marion Legal Office has recommended appeal but it appears the U.S. Attorney's Office is against taking any further action in this case. SETTLEMENTS OR JUDGMENTS Zeisman v. Tippy, District of Minnesota, Case No. CV97-2086, FCI Waseca After the petitioner had completed his residential drug treatment he received a level 200 incident report for fighting with another inmate and found guilty by a UDC. As a result of the incident report, the inmate was determined to be ineligible for sentence reduction under 3621 (e). After further review of the incident report by NCRO legal it was determined that the incident report did not adequately provide the inmate notice of the charges against him or the evidence relied upon by the UDC. FCI Waseca Warden Jim Tippy agreed to expunge the finding of the UDC and make the petitioner eligible for early release. The court was notified of this action and the petitioner's claim was rendered moot. Talley v. usA, D.Colorado Case No. 95-B-2639, FCC Florence FTCA claim for lost property. Records were incomplete. Settled for $100.00. DECISIONS OF INTEREST United States v. S.A., 8th eir., Case No., FMC Rochester Juvenile offender committed to the custody of the Attorney General pursuant JADA was deemed to be mentally ill and dangerous if released. FMC Rochester staff initiated a 18 USC 4246 petition for continued hospitalization after date of expiration of sentence. Offender objected.. arguing juvenile offenders were not covered by the mental health statutes~ 18 USC 4241-4247. After a Magistrate Judge agreed with the offender and held the court lacked jurisdiction. objections were filed which the court sustained. The offender appealed and the Court of Appeals affirmed~ holding the mental health statutes were part of a comprehensive system enacted by Congress to promote public safety. FMC Attorney Jeff Toenges provided the U.S. Anomey·s Office with extensive assistance. Moore v. USA, 10th Cir... Case No. 97-3006.. FC) Milan Inmate had lost personal property at FCI Milan in 1988. Following two dismissals and two reversals by the 10th Circuit. the district court held a trial in 1995 and awarded the inmate $500. The inmate appealed alleging that several valuable legal documents valued at over $8000.00 had been lost. In addition. Moore argued he should be reimbursed, at minimum wage. for the time spent on litigation. The court of appeals rejected both arguments. PENDING CASES OF INTEREST Rahman v. Keohane and Kane, W.D. MO. Case No. 97-3270-CV-S-RGC, MCFP Springfield Inmate alleges various conditions of confinement violate his constitutional rights and RFRA. Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that former Regional Director Patrick Kane had not been served and suggested, pursuant to F.R.Civ.P. 25 (a)(1), that Mr. Kane was deceased. Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth Current BOP employee alleges that former USP Warden discriminated against him when he assisted another employee by filing a grievance with the U.S. Department of Housing and Urban Development. The case is being referred to the Labor Law Branch. Johnson v. United States, N.D.I1I., Case No. 96-C-5798, MCC Chicago The administrator of a dead inmate's estate has sued the United States under the FTCA claiming staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the United States Attorney's Office with several depositions. Gordon v. Cooksey, S.D.I1I., Case No. 97-CV-SI3, USP Marion The plaintiff in this case is a former federal inmate now serving time in with the State of Pennsylvania. The plaintiff alleges that he was beaten by staff at USP Marion and denied adequate medical care. These same allegations were the subject of a FTCA claim and it appears that there is some merit to the plaintitrs claims as there was a finding of misconduct by OIA. The case looks to be very problematic since numerous staff members witnessed the incident but took no affirmative steps to stop a single staff member from slapping and hitting the inmate while he was cuffed. NCRO legal has contacted BOP/OIA to determine if there is any involvement by the DOJ Civil Rights Divisions. NCRO legal is evaluating the merits of settling this matter administratively and the plaintiff was recently contacted but would not provide a specific sum of money for which he would dismiss his claim. . Harrison v. Unger, C.D. III., Case No. 96-1132, FCI Pekin The inmate-plaintiff motion for reconsideration based on newly discovered evidence \\'as denied even though a former BOP employee came forward to support the plaintiff's allegations of retaliation by a staff member. According to the former BOP e~ployee, the plaintiff was written erroneous incident reports after he filed several administrative remedies. The former BOP employee left the agency after being accused of improper relations with inmates. . Stewart v. United States, S.D. III., Case No. 97-353, FCI Greenville The plaintiff alleges that he was forced to have sex with a female cook supervisor. As a result, the plaintiff alleges he suffered emotional distress and seeks compensation under both the Eighth Amendment and the FTCA. The U.S. Attorney's Office is prepared to file a motion to dismiss on the grounds that the employee acted outside of her scope of employment and thus the United States is not liable under the FTCA. The employee, who resigned while being investigated, has not requested RELIGIOUS FREEDOM RESTORATION ACT CASES Houston v. Brooks, District of Minnesota, Case No. 97-2081 The plaintiff claims that he was transferred from FCI Sandstone to FCI Lompoc in retaliation for expressing the beliefs of the Nation of Islam. After the inmate gave a sennon containing racially inflammatory statements, he was placed in administrative detention and eventually transferred to California. The plaintiff has sued several employees in their individual capacity under the First Amendment and RFRA. A response in this case is due in early January 1998. ENSIGN AMENDMENT LITIGATION No new cases filed. CRIMINAL MATTERS United States v. Turner, District of Colorado, Case No. , USP Florence Inmate assaulted two staff members at USP Florence in 1996. During discovery it became evident that the victims were under investigation by DOJ Civil Rights Division. Counsel for . inmates is now seeking copies of the reports. In the matter of Ellis Lard, District of Colorado, Case No. 97-X-0068, USP Florence Inmate Lard became involved in an altercation with three staffmembers at the USP. As a result of injuries suffered during the altercation (bite wounds), it was possible that the staff members could have become infected with HIV. Florence legal staff motioned the District of Colorado for authority to use force to draw the inmate's blood for HIV testing. ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST We are still waiting for input from the Central Office concerning whether staff who receive a unifonn allowance must establish exhaustion of the allowance before reimbursement for lost or damaged clothing is authorized. TRIALS OR HEARINGS Urbana Cabrero Aleejo v. Heller, SO III. Case No. 94-682-JPG~ USP Marion Q Status conference and hearing on plaintiff's motion to take the deposition of staff. Motion granted. United States v. Jones, SD III. October Disturbance case, FCI Greenville Inmate sentenced to 151 months consecutive to current sentence for rioting, mutiny and two counts of assault. UPCOMING HEARINGS OR TRIALS DAP Cases Consolidated Before Eighth Circuit Court of Appeals: Martin v. Gerlinski, District of South Dakota, Case No. 96-4266 Barton v. Gerlinski, District of South Dakota, Case No. 97-4039 Gibbons v. Gerlinski, District of South Dakota, Case No. 97-4150 Luther v. Tippy, District of Minnesota, Case No. 97-17 Braun v. Tippy, District of Minnesota, Case No. 96-327 The Eighth Circuit Court has decided to consolidate three cases from the District of South Dakota with two cases from the District of Minnesota. In each of these cases, the District Courts held the Bureau of Prisons' utilization of sentence enhancements to find a crime violent was valid. The cases from the District of South Dakota are Martin v. Gerlinski, case number 96-4266, Barton v. Gerlinski, case number 97-4039, and Gibbons v. Gerlinski, case number . 97-4150. The cases from the District of Minnesota are Luther v. Tippy, case number 97-17 and Braun v. Tippy, case number 4-96-327. FMC Rochester Attorney Jeff Toenges is providing assistance to the Assistant United States Attorney and will be attending the oral argument on December 11, 1997. Bernal v. Black & Lewis, C.D. I11.~ Case No. 96-1209, FCI Pekin Inmate alleges various statT changed his job and filed an incident report against him in retaliation for filing grievances. The district court has granted summary judgment to all defendants but two. Defendants Black and Lewis were Bemar s work supervisors. Bernal alleges he was retaliated against because he filed grievances about working conditions at the commissary. Final pre-trial conference is scheduled for December 4 .. 1997. PERSONNEL ISSUES Tim Roberts, Supervisory Attorney-Advisor at USP Leavenworth, assumed similar duties at FCC Allenwood. Mary Ellen Doucette-Lunstrum, Attorney-Advisor, FCI Oxford.. will succeed Tim. STAFF TRAVEL AND LEAVE John Daryl Dec. 18 - Jan. 5 Dec, 1 - 4 Dec. 29 Annual leave Legal Review, FCI Milan Annual leave Dan Dec. 24 Annual leave Vincent Dec. 24, Jan. 2 Gwen Dec. 29 - Jan. 5 Janet Dec. 15, Dec. 22 - 26 Gary None Bill Dec. 24, Dec. 29 - Jan. 5 Annual leave LeeAnn Dec. 1 - 12 Paralegal Training, MSTC Annual leave Annual leave Annual leave Claims database WAN to Mary Rose Hagan on November 30, 1997. u.s. DEPARTMENT OF JUSTICE Federal Bureau of Prisons North Central Region Office of Regional Counsel Kansas City, KS 66101 January 15, 1998 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN' R. SHAW, Regional Counsel SUBJECT: MONTHL Y REPORT (December, 1997) (Fint Quarter Report: 10/1/97 -12131/97) LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: inst ( nurn hc ftc biv oth ans pen cld hIt set awd 47 23 3 15 7 15 621 25 4 0 0 JUL AUG SEP OCT NOV DEC 151 69 62 72 64 71 NUM - Number of total lawsuits flied In the month (1) HC - Number of habeas corpus actions filed In the reporting period FTC - Number of FTCA actions filed BIV - Number of Bivens actions filed OTH - Number of other actions filed, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLC - Number of cases closed HIT - Number of hearings or trials (include in narrative) SET - Number of settlements (Include in narrative) AWD - Number of Awards (include in narrative) Total new cases for calendar year 357 ADMINISTRATIVE CLAIMS: JAN FEB MAR APR MAY JUN 70 98 95 66 95 • Total for Calendar Year 913 Pmd~g 4~ 2621 ADMINISTRATIVE REMEDIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 176 180 210 196 226 164 163 154 229 163 Total for Calendar Year 140 DEC 1,838 FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS FOIA PRIVACY ACT ACTUAL ON-HAND 0 20 ACTUAL RECEIVED 0 50 ACTUAL PROCESSED 0 48 ACTUAL BACKLOG 0 5 ADVERSE DECISIONS ( Martin y. Gerlinski, Eighth Circuit, Case No. 97-2232SD, 1998 WL 7258 (January 13, 1998), FPC Yankton The Court of Appeals had consolidated the appeals offive denials of habeas corpus relief (three form South Dakota, two from Minnesota) for one year off under the provisions of 18 USC 3621 (e). All five offenders had received a two point enhancement of their sentences and were . subsequently denied the one year off. In an order dated December 19, 1997, the Court of Appeals reversed the dismissals and remanded the matters to the district courts. Patel v. Wooten. et ai, Tenth Circuit, Case No. 97-1083, D. Colorado Case No. 96-M-286, FCC Florence. (1997 WL 764570) The Court of Appeals reversed and remanded the dismissal of this Bivens action against BOP staff. Patel is a Hindu who complained that the Common Fare Program at FCI Florence \'iolated his religious rights under the First Amendment and RFRA. In addition, the failure to provide pork substitutes to Jews and Moslems and not meat substitutes for Hindus violated equal protection. The Court of Appeals found that RFRA was declared unconstitutional and did not address the RFRA claims. The court concluded that Patel's right to a religious diet "'as clearly established in 1994 and the defendants were not entitled to qualified immunity. The matter is under consideration of appointment of private counsel and reconsideration by the panel. 2 2622 Sisneros v. Booker, D. Col., Ca'se No. 97-Z-06S1, FCI Florence District Court held that the BOP's use of sentence enhancements was contrary to plain-language of 18 U.S.C. 3621. Furthermore, the BOP was estopped from denying the inmate a sentence reduction since it had made several representations to the inmate that he was eligible for early release. SETTLEMENTS OR JUDGMENTS Sellers v. United States, SD III., Case No. 84-CV-4357, USP Marion FTCA case for lost or misplaced legal books tried to Magistrate Judge following two different reversals at the appellate level. Judgment in favor of the inmate entered for $1,633.75. DECISIONS OF INTEREST Bush v. Pitzer, Seventh Circuit, Case No. 97-3024, FCI Oxford The Seventh Circuit affirmed the decision of the district court which denied an inmate early release under 18 U.S.C. 3621. While the court sided with the district court and found that the the inmate's crime of selling numerous weapons to gang-members was a crime of violence, it objected to the BOP's use of sentence enhancements in making this detennination. PENDING CASES OF INTEREST ( '.~ Rahman v. Keohane and Kane, W.D. MO. Case No. 97-3270-CV-S-RGC, MCFP Springfield Inmate alleges various conditions of confinement violate his constitutional rights and RFRA. Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that former Regional Director Patrick Kane had not been served and suggested, pursuant to F.R.Civ.P. 2S (a)(I) that Mr. Kane was deceased. Johnson v. USA, ND III Case No. 96-C-5708, MCC Chicago Wrongful death action for inmate suicide continues. Depositions have been completed. except . for plaintiff's expert. Bickford, Inc. v. Federal Correctional Institution, Juneau County, Wisconsin Circuit Court Case NO. 97-C-623 Former federal contractor alleges FeI failed to return $1,800.00 in lighting ballasts. Matter·is in the process of being removed to federal court. I Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth Current BOP employee alleges that fonner USP Warden discriminated against him \,"hen he assisted another employee by filing a grievance with the U.S. Department of Housing and Urban Development. The case is being referred to the Labor Law Branch. 3 2623 Johnson v. United States, N.D.I1i., Case No. 96-C-S798, MCC Chicago The administrator of a dead inmate's estate has sued the United States under the FTCA claiming ( staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the United States Attorney's Office with several depositions. Harrison v. Unger, C.D. Ill., Case No. 96-1132, FeI Pekin The inmate-plaintiff motion for reconsideration based on newly discovered evidence was denied even though a formet BOP employee came forward to support the plaintiff's allegations of retaliation by a staff member. According to the fonner BOP employee, the plaintiff was written erroneous incident reports after he filed several administrative remedies. The former BOP employee left the agency after being accused of improper relations with inmates. RELIGIOUS FREEDOM RESTORATION ACT CASES Patel y. Wooten, et ai, see above. Houston v, Brooks, D. Minn, Case No. 97-2081, FCI Sandstone The plaintiff alleges the BOP retaliated against him for giving a sermon which was racially inflammatory. The inmate has sued under both RFRA and the First Amendment. ENSIGN AMENDMENT LITIGATION No new cases filed. (' ADMINISTRATIVE CLAIMS AND OTHER MATTERS OF INTEREST We are still waiting for input from the Central Office concerning whether'staffwho receive a uniform allowance must establish exhaustion of the allowance before reimbursement for lost or damaged clothing is authorized. UPCOMING HEARINGS OR TRIALS United States v, Mills, D. Col., Case No. ,Florence Complex This case involves civil rights violations by a former staff member and is set for trial on January 12, 1998. While staff were trying to use force to restrain an inmate, Mr. Mills allegedly struck the inmate. After the inmate was fully restrained, Mr. Mills allegedly continued to strike the inmate. Mr. Mills then grabbed the video camera that was documenting the use of force and erased the tape. 4 2624 Lozano v. Reno, D. Col., Case No. 95-WM-2661, FeI Engl~wood The plaintiff in this case is a fonner probationary employee who was removed from his position for not disclosing pertinent infonnation on his preemployment fonns. The case is scheduled for a bench trial on February 9, 1998. The plaintiff cannot seek any damages except for back-pay since he was tenninated prior to the enactment of the 1991 Civil Rights Act. (' PERSONNEL ISSUES STAFFTBAVELANDLEAYE John Jan 1 - Jan. 5 Jan 14 - 20 Daryl None Scheduled Dan None Scheduled Vincent Jan. 12 - 16 Gwen None Scheduled Janet N one Scheduled Gary None Scheduled Bill None Scheduled LeeAnn N one Scheduled Annual leave ·Annual Leave TOY to USP Leavenworth .' ( ~.... . Claims database WAN to Mary Rose Hagan on December, 1997. 5 2625 U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons North Central Region Office of Regional Counsel Kansas City, KS 66101 January 15, 1998 MEMORANDUM FOR WALLACE H. CHENEY, ASSISTANT DIRECTOR GENERAL COUNSEL & REVIEW FROM: JOHN R. SHAW, Regional Counsel SUBJECT: MONTHL Y REPORT (December, 1997) LITIGATION, CLAIMS, AND ADMINISTRATIVE REMEDY STATISTICS LITIGATION: NUM - Number of total lawsuits flied In the month (1) HC - Number of habeas corpus actions filed In the reporting period FTC - Number of FTCA actions flied . BIV - Number of Bivens actions flied OTH - Number of other actions flied, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN - Number of cases pending CLD - Number of cases closed HIT - Number of hearings or trials (Include In narrative) SET - Number of settlements (Include In narrative) AWD - Number of Awards (Include In narrative) Total new cases for calendar year 357 ADMINISTRATIVE CLAIMS: JAN 70 FEB 98 MAR 95 APR 66 Total for Calendar Year Pending MAY 95 JUN * 913 499 JUL 151 AUG 69 SEP 62 OCT 72 NOV 64 DEC 71 ADMINISTRATIVE REMEDIES JAN 176 FEB 180 MAR 210 APR MAY 226 196 Total for Calendar Year JUN 140 JUL 164 AUG 163 SEP 154 OCT 229 NOV 163 DEC 1,838 FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS ACTUAL ON-HAND ACTUAL RECEIVED ACTUAL PROCESSED ACTUAL BACKLOG FOIA· 0 0 0 0 PRIVACY ACT 20 50 48 5 ADVERSE DECISIONS Martin v. Gerlinski, Eighth Circuit, Case No. 97-2232SD, 1998 WL 7258 (January 13, . 1998), FPC Yankton The Court of Appeals had consolidated the appeals of five denials of habeas corpus relief (three form South Dakota., two from Minnesota) for one year off under the provisions of 18 USC 3621 (e). All five offenders had received a two point enhancement of their sentences and were subsequently denied the one year off. In an order dated December 19, 1997, the Court of Appeals reversed the dismissals and remanded the matters to the district courts. Patel v. Wooten, et ai, Tenth Circuit, Case No. 97-1083, D. Colorado Case No. 96-M-286, FCC Florence. (1997 WL 764570) The Court of Appeals reversed and remanded the dismissal of this Bivens action against BOP staff. Patel is a Hindu who complained that the Common Fare Program at FCI Florence violated his religious rights under the First Amendment and RFRA. In addition, the failure to provide pork substitutes to Jews and Moslems and not meat substitutes for Hindus violated equal protection. The Court of Appeals found that RFRA was declared unconstitutional and did not address the RFRA claims. The court concluded that Patel's right to a religious diet was clearly established in 1994 and the defendants were not entitled to qualified immunity. The matter is under consideration of appointment of private counsel and reconsideration by the panel. Sisneros v. Booker, D. Col., Case No. 97-Z-0651, FCI Florence District Court held that the BOp·s use of sentence enhancements was contrary to plain-language of 18 U.S.C. 3621. Furthennore. the BOP was estopped from denying the inmate a sentence o reduction since it had made several representations to the inmate that he was eligible for early release. SETTLEMENTS OR JUDGMENTS Sellers v. United States, SD Ill., Case No. 84-CV-4357, USP Marion FTCA case for lost or misplaced legal books tried to Magistrate Judge following two different reversals at the appellate level. Judgment in favor of the inmate entered for $1,633.75. DECISIONS OF INTEREST Bush v. Pitzer, Seventh Circuit, Case No. 97-3024, FCI Oxford The Seventh Circuit affirmed the decision of the distri.~t court which denied an inmate early release under 18 U.S.C. 3621. While the court sided with the district court and found that the the inmate's crime of selling numerous weapons to gang-members was a crime of violence, it objected to the BOP's use of sentence enhancements in making this determination. PENDING CASES OF INTEREST Rahman v. Keohane and Kane, W.O. MO. Case No. 97-3270-CV-S-RGC, MCFP Springfield Inmate alleges various conditions of confinement violate his constitutional rights and RFRA. Plaintiff is represented by former U.S. Attorney General Ramsey Clark. The DOJ has approved outside counsel for the defendants. Outside counsel, David Baker, filed a responsive pleading on on or about September 24, 1997 on behalf of Warden Keohane. Outside Counsel noted that former Regional Director Patrick Kane had not been served and suggested, pursuant to F.R.Civ.P. 25 (a)(I) that Mr. Kane was deceased. Johnson v. USA, NO III Case N,o. 96-C-5708, MCC Chicago Wrongful death action for inmate suicide continues. Depositions have been completed. except for plaintiffs expert. Bickford, Inc. v. Federal Correctional Institution, Juneau County, Wisconsin Circuit Court Case NO. 97-C-623 Former federal contractor alleges FCI failed to return $1,800.00 in lighting ballasts. Matter is in the process of being removed to federal court. Evans v. United States, District of Kansas, Case No. 97-2502, USP Leavenworth Current BOP employee alleges that former USP Warden discriminated against him when he assisted another employee by filing a grievance with the U.S. Department of Housing and Urban Development. The case is being referred to the Labor Law Branch. Johnson v. United States, N.D.III., Case No. 96-C-S798, MCC Chicago The administrator ofa dead inmate's estate has sued the United States under the FTCA claiming staff allowed the inmate to hang himself in his cell. MCC legal staff is currently assisting the United States Attorney's Office with several depositions. Harrison v. Unger, C.D. Ill., Case No. 96-1132, FCI Pekin The inmate-plaintiff motion for reconsideration based on newly discovered evidence was denied even though a former BOP employee came forward to support the plaintiff s allegations of retaliation by a staff member. According to the former BOP employee, the plaintiff was written erroneous incident reports after he filed several administrative remedies. The former BOP employee left the agency after being accused of improper relations with inmates. RELIGIOUS FREEDOM RESTORATION ACT CASES Patel v. Wooten, et ai, see above. Houston v. Brooks, D. Minn, Case No. 97-2081, FCI Sandstone The plaintiff alleges the BOP retaliated against him for giving a sermon which was racially inflammatory. The inmate has sued under both RFRA and the First Amendment. ENSIGN AMENDMENT LITIGATION No new cases filed. ADMINISTRATIVE CLAIMS AND OTHER MATIERS OF INTEREST We are still waiting for input from the Central Office concerning whether staff who receive a uniform allowance must establish exhaustion of the allowance before reimbursement for lost or damaged clothing is authorized. UPCOMING HEARINGS OR TRIALS United States v. Mills, D. Col., Case No. ,Florence Complex This case involves civil rights violations by a former staff member and is set for trial on January 12, 1998. While staff were trying to use force to restrain an inmate, Mr. Mills allegedly struck the inmate. After the inmate was fully restrained" Mr. Mills allegedly continued to strike the inmate. Mr~ Mills then grabbed the video camera that was documenting the use of force and erased the tape. Lozano v. Reno, D. Col., Case No. 95-WM-2661, FCI Englewood The plaintiff in this case is a former probationary employee who was removed from his position for not disclosing pertinent information on his preemployment forms. The case is scheduled for o a bench trial on February 9, 1998. The plaintiff cannot seek any damages except for back-pay since he was tenninated prior to the enactment of the 1991 Civil Rights Act. PERSONNEL ISSUES STAFF TRAVEL AND LEAVE Daryl Jan 1 - Jan. 5 Jan 14 - 20 None Scheduled Dan None Scheduled Vincent Jan. 12 - 16 Gwen None Scheduled Janet None Scheduled Gary None Scheduled Bill None Scheduled LeeAnn None Scheduled John Annual leave Annual Leave TOY to USP Leavenworth Claims database WAN to Mary Rose Hagan on December, 1997.