UNITED STATES GOVERNMENT

memorandum

Date: February 13,

1997

Reply to David R. Essig, Regional Counsel, Northeast Region
Attn of: Federal Bureau of Prisons, Philadelphia, Pa. 19106
Subject: Monthly Report - January 1997
To:

Wallace H. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534
ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARy REPORT
Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 64
Rec'd in month 117
Ans'd in month 115
Pending at End 66
Over 30 days
0
Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 243
Rec'd in month 53
Recons. rec'd
6
Ans'd in month 100
Pending at End 202
Over 180 days
0

Tort Claim Investigation Status: As of January 31, 1997

ALF ALM ALP ALW BRa DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending
2 3 4 3 1 3 4 4 11 1 3 1 2 3 11
Over 60 days a a a a a a a a a a a a a 0 4

-2-

FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Pending on 1st 34
Rec'd in month 35
Ans'd in month 30
Pending at End 39
Over 30 days
14

FOIA Requests for records: As of January 31,1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending
1 1 4 4 1 3 0 0 3 0 3 2 0 2 1
Over 30 days 0 1 1 0 0 1 0 0 0 0 0 0 0 0 1

LITIGATION ACTIVITY - 1997 NORTHEAST REGION
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
574
Cases Open
16
New Cases
8
Lit Reports
Cases Closed
12
Corpus
Habeas
8
5
FTCA
3
Bivens
1
Other
0
Bivens/FTCA

SETTLEMENTS AND AWARDS;

None

SIGNIFICANT CASES OR TRIALS;
1.

Li v. Canarozzi, et al., 95 Civ. 0706

(S.D.N.Y.)

Jury trial commenced on February 3, 1997 in this Bivens
complaint brought by former pretrial detainee Jian An Li,
44661-053, who alleges that six officers at MCC NY assaulted

him on an elevator on November 10, 1994. Staff were
responding to a disturbance involving a fight among numerous
inmates. Judge Sand dismissed the FTCA count and permitted
the Bivens case to proceed to trial. Plaintiff sustained
serious injuries that day, including a broken arm.
Plaintiff alleges that staff caused the injuries. Our
version is that the injuries were sustained during the fight
among the inmates. Trial is expected to finish February 13,
1997. Dominique Raia and Alma Lopez are assisting the
AUSAs.

-3-

2.

United States v. Price, Crim. No. 96-145-01 (E.D.Pa.)

Pretrial releasee Kenneth Price had a sentencing hearing
before Judge Rendell on February 7, 1997. The defendant is
arguing that his advanced liver condition is an
extraordinary circumstance justifying downward departure
from the sentencing guidelines of 21-27 months.
Defendant's
medical expert testified that defendant has cirrhosis of the
liver and has a 50% chance of catastrophic internal bleeding
within the next two years . The AUSA retained a medical
expert to testify that the medical condition is not as
severe as presented by defendant. The AUSA requested the
Bureau's assistance to address the ab ility of the Bureau to
care for the defendant. Medical records were reviewed by
Health Services Division. Hank Sadowski testified at the
hearing concerning the probable designation to a medical
facility a nd the medical services available for federal
prisoners. The court found defendant's medical condition to
be "an extraordinary physical impairment" under Sentencing
Guideline § SHl.4 and sentence him to probation with 12
months home detention.
3. Palmer v. United States, CV-9S-383

(M.D.Pa.)

This Federal Tort Claims Act case was filed by Inmate Lovell
Palmer, 23307-083, who alleged that he slipped and fell in
January 1994 at USP Lewisburg. His administrative tort
claim was for $1000.
In his complaint, he requested damages
in excess of $25,000. Judge Kosik listed he case for trial
on January 15, 1997. We filed a motion to limit the inmate
to the $1000. On pressure from the court (and to save
expense of trial), we offered se ttlement to the inmate in
the amount of $1000 which the inmate refused. We moved for
partial summary judgment against the United States in the
amount of $1000. The court granted our request for a
bifurcated trial limited to the issue of whether the inmate
can claim damages above that requested in his administrative
claim. This part of the trial was held on
January 15, 1997. The court heard testimony from Dr. Keiper
(retired) formerly at USP Lewisburg and Dr. Klinkerfuss (now

at FMC Springfield). The Springfield doctor testified via
video
teleconference. This saved the expense of bring the doctor
to the tria l. This was the first time this equipment was
used in a BOP case in this court. Before ruling on our
motion for summary judgment, Judge Kosik requested an exam
of the inmate by a non-BOP doctor. Attorney Mike Sullivan
assisted at the trial.

-44.

United States v. Medina, 97- CR-

(S.D.N.Y.)

Pretrial detainee Jose Medina, 43311-054, is one of the
defendants charged with the attempted extortion of Bill
Cosby.
On January 24, 1997, the legal office at MCC NY was advised
by the AUSA that, at a bail hearing earlier that day, inmate
Medina
alleged that he had not been allowed to see a Rabbi and that
he had not eaten since he arrived at MCC on January 18,
1997. The inmate requested an order directing the Warden to
provide him Kosher food and to permit him to meet with a
Rabbi. A hearing on these issues was scheduled for 2:30
p.m. that day.
The Warden immediately decided to place the inmate on common
fare until the Chaplain's return to the institution on
Sunday.
(The Chaplain later concurred with this decision.)
Arrangements were made for the inmate to see the Rabbi.
Attorney Alma G. Lopez attended the hearing.
Prior to the hearing, Ms. Lopez explained the MCC's position
to the AUSA and defense counsel. MCC records showed that
inmate Medina had received all his meals, except for one
refusal, since his arrival at the MCC. Defense counsel
understood the MCC's position and only requested
documentation showing that the common fare meals are kosher
so that his client could be appeased.
During the hearing, defense counsel indicated that although
his client had received all his meals, he was flushing down
the foods that he was prohibited from eating by his
religion. Magistrate Judge Peck was not receptive to the
inmate's position since the inmate had received all his
meals. The Judge was in agreement with the MCC's solution
and the Judge only requested that the MCC provide inmate
Medina with a copy of the policy statement which indicated
that common fare meals are kosher. A copy of the Operations
Memorandum was provided to the attorney.

RELIGIOUS CASES:

New cases: See Medina Hearing above.

Significant activity in pending cases: None

TRAVEL AND LEAVE SCHEDULE FOR FEBRUARY 1997:
Dave Essig Travel - Feb. 5-6 - Office of General Counsel meeting
Feb. 18-21 Glynco - DHO Training for Trainers
Annual Leave - Feb. 7

-5-

Hank Sadowski Travel - Feb. 3-4 - Boston, Mass - Accompany Regional
Director on ~isit to US Marshal, US Attorney, Chief US
Probation Officer, and Federal Judges
Feb. 27 - Albany, NY - Meeting with US
Attorney, Warden and Paralegal Specialist, FC! Ray Brook
Annual Leave - None scheduled
Joyce Horikawa Travel - Feb. 7 Philadelphia area Law School Job. Fair
Annual Leave - None scheduled
Ron Hill Travel - None scheduled
Annual Leave - None scheduled
Jay Furtick Travel - Feb. 7 - Philadelphia area Law Schools Job
Fair
Feb. 10-28 - Glynco
Annual Leave - None scheduled

cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

UNITED STATES GOVERNMENT

memorandum

Date:

March 10, 1997

Attn of:

David R. Essig, Regional Counsel, Northeast Region~
Federal Bureau of Prisons, Philadelphia, Pa. 19106

Subject:

Monthly Report -F~~ruary 1997

Reply to

To:

Wallace H. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534
ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARy REPORT
Administrative Remedies - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Pending on 1st 64 66
Rec'd in month 117 100
Ans'd in month 115 121
Pending at End 66 45
Over 30 days
0
0
Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Pending on 1st 243 202
Rec'd in month 53 67
Recons. rec'd
6
7
Ans'd in month 100 55
Pending at End 202 221
Over 180 days
0
0

Tort Claim Investigation Status: As of February 28, 1997

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending
3 3 4 2 2 3 5 12 24 2 2 3 3 6 13
Over 60 days 0 0 0 0 0 2 0 0 0 0 0 0 0 0 1

-2-

FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
39
Pending on 1st 34
34
Rec'd in month 35
28
Ans'd in month 30
45
Pending at End 39
14
17
Over 30 days

FOIA Requests for records: As of February 28, 1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending
1 1 1 0 0 3 0 1 3 0 1 2 0 3 1
Over 30 days 0 1 0 0 0 1 0 0 0 0 0 0 0 0 1

LITIGATION ACTIVITY - 1997 NORTHEAST REGION
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
574 576
Cases Open
16 15
New Cases
6
8
Lit Reports
12 13
Cases Closed
8
4
Habeas Corpus
5
5
FTCA
4
3
Bivens
0
1
Other
2
0
Bivens/FTCA

SETTLEMENTS AND AWARDS;
1.

Matos v, United States, CV-94-8977 (S.D.N.Y.)

Civilian filed a Federal Tort Claims Act complaint alleging
negligence of MCC NY caused her to slip and fallon stairs
in the institution.
She had sought $1 million. We recently
learned that, about 6 months, ago, the AUSA settled this
case for $6000 without our knowledge. Although we concur at
this time in the settlement {there was an injury from the

fall - but there is little evidence of negligence) ,
Dominique Raia and this office contacted the AUSA to ensure
that we have prior knowledge of any settlement in future
cases.
SIGNIFICANT CASES OR TRIALS:
1.

Li v. Canarozzi, et al., 95 Civ. 0706 (S.D.N.Y.)

Jury trial commenced on February 3, 1997 in this Bivens
complaint
brought by former pretrial detainee Jian An Li, 44661-053,
who alleged that six officers at MCC NY assaulted him on an
elevator on November 10, 1994. Staff were responding to a
disturbance involving a fight among numerous inmates.
Plaintiff sustained 1nJuries that day, the most serious was
a broken arm.
Plaintiff
-3-

alleged that staff caused the injuries. Our version was
that the injuries were sustained during the fight among the
inmates. Dominique Raia and Alma Lopez assisted the AUSAs.
Trial was completed
a verdict late that
jury found that the
occurred during the
elevator.
2.

on February 14, 1997. The jury returned
day in favor of all defendants. The
injuries sustained by the Plaintiff
disturbance on the unit, not in the

Leonard Falzone v. Federal Bureau of Prisons, et al.,
Civil Action No. 97-574 (E.D.Pa.) (formerly Case No. 96-215 (E.D.Ky.)

Inmate Leonard Falzone, 83361-020, filed a petition for habeas corpus in E.D.
Ky. challenging the disallowance of 14 days good conduct time for an infraction
committed at Lewisburg Camp. The DHO hearing summary erroneously did not
specify the loss of GCT. When it was brought to the attention of the DHO, an
amended DHO summary was prepared. The inmate challenges the authority of
the DHO to amend the summary. The MARO and Ashland had responsibility for
this litigation and a response was duly filed in E.D. Ky. After tHe inmate was
transferred to FCI Schuylkill, apparently the case was transferred to E.D.Pa. On
February 26, 1997, a hearing was held before U.S. Magistrate Judge Rueter on
the petition. We offered our assistance to MARO who agreed to let us assist the
AUSA at the hearing. DHO Zimany testified that his notes and

contemporaneous records showed that he had disallowed the good conduct time
for the inmate. The only document which did not reflect the disallowance was
the DHO summary. The DHO issued an amended DHO summary and the
inmate was afforded the right to appeal. The judge questioned the inmate arid
focused on the lack of prejudice. The judge reserved ruling. Joyce Horikawa
assisted at the hearing.
3. Linn v. Wigen, Civ 96-3147 (E.D.Pa.)
Former inmate Michael Linn, 81843-054, brought a Bivens action against staff at
FCI Schuylkill, Regional Counsel, and Central Office Appeals Administrator Ed
Crosley alleging primarily that (1) he was denied CCC placement because he
was Jewish; and (2) he was denied surgery for a shoulder injury and was given
work assignment contrary to his medical problem. He asserts that one
similarly situated non-Jewish prisoner was given a CCC placement. He also
alleges that the shoulder surgery was recommended by a contract specialist and
the defendant denied it anyway. Judge Dalzell denied our motion to dismiss in
December 1996. After discovery, the court denied cross-motions for summary
judgment on March 3, 1997 and scheduled a non-jury trial for March 13-14,
1997. The court determined that there were issues of facts which require him to
assess credibility. CCC placement was denied because Linn had a 10 month
sentence and had a residence and a job. The inmate he compared himself with
who was granted CCC placement, had a 12 month old law sentence, a residence
and a job. There is no evidence (at least so far) that the CCC denial was based
on his religion. The surgery was denied originally because Linn had the shoulder
problem for 10 years prior to incarceration. Joyce Horikawa will assist the AUSA
at the trial.
-4-

4. United States v. Hammer, 4:CR-96-239 (M.D.Pa.)
Inmate David Hammer, 24507-077, has been charged with the April 1996 murder
of an inmate at USP Allenwood. The United States Attorney has requested
authorization from DOJ to seek the death penalty. The request is scheduled to
be reviewed by DOJ on
March 7,1997. Judge Muir has scheduled a hearing for March 10, 1997 on
defense attorneys's motions pertaining to telephone access and special mail.
Inmate Hammer is under telephone and correspondence restrictions for
disciplinary reasons. Defense attorneys asked the court to order USP Allenwood
to permit Hammer to make unmonitored call to defense experts. They also
requested the court to order USP Allenwood to permit Hammer to make
monitored calls to any defense witness (including another inmate now in a state
system). Defense attorneys are also asserting the Clerk of Court mail should be
automatically included in Special Mail. Hope Mora will attend the hearing and

probably testify concerning some of these issues.
5. United States v. Coleman, Criminal No. ---- (E.D.N.Y.)
Pretrial detainee Leonard Coleman I 47321-019 1 requested an emergency
hearing before the criminal trial judge to address alleged lack of medical care at
MDC Brooklyn. In addition the attorney complained that her client was being
held in administrative detention (pending investigation of a threat against the
detainee). A hearing was held on March 51 1997. Azzmeiah Vazquez attended
the hearing. On the administrative detention issue, Judge Platt found that he did
not have jurisdiction since the detainee did not pursue administrative remedies.
On the medical issue the defense attorney advised the court she was not ready
to proceed. The MDC Clinical Director
was prepared to testify concerning the medical care afforded the detainee for a
lesion on his left shoulder. This became somewhat moot since the AUSA was
not opposed to release under strict conditions. The court ordered the AUSA to
·
d raft a proposed order of release.
I

RELIGIOUS CASES:

New cases: None

Significant activity in pending religious cases: See Linn
case above - No RFRA issue - alleged equal protection
violation.
ENSIGN AMENDMENT CASES: None
TRAVEL AND LEAVE SCHEDULE FOR MARCH 1997:
Dave Essig Travel - March
March
meeting - Annapolis
March
March
Annual Leave -

3-7 - Aurora - DHO Training
11-12 - General Counsel/Regional Counsel
13-14 - Linn trial - Philadelphia
17-21 - GLYNCO, Staff Trng Assist
None scheduled

-5-

Hank Sadowski Travel - March 11-13 - General Counsel/Regional Counsel
meeting - Annapolis

March 23-27 - Aurora - Sentence Training for
Attorneys
Annual Leave - None scheduled
Joyce Horikawa Travel - March 13-14- Linn trial - Philadelphia
Annual Leave - None scheduled
Ron Hill Travel - None scheduled
Annual Leave - None scheduled
Jay Furtick - Has now completed IF and GLYNCO Training
Requirements.
Travel - None scheduled
Annual Leave - None scheduled
cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

UNITED STATES GOVERNMENT

memorandum

Date: April 8,
Reply to
Attn of:

To:

1997

David R. Essig, Regional Counsel, ~~~
Federal Bureau of Prisons, Philadelphia, Pa. 19106

Wallace H. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534
ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARy REPORT

Administrative Remedies - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 64 66 45
Rec'd in month 117 100 156
Ans'd in month 115 121 114
Pending at End 66 45 87
Over 30 days
0
0
0
Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Pending on 1st 243 202 221
Rec'd in month 53 67 69
Recons. rec'd
7
9
6
Ans'd in month 100 55 84
Pending at End 202 221 215
Over 180 days
0
0
0

Tort Claim Investigation Status: As of March 31, 1997

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
Pending
9 2 2 4 3 5 7 11 26 5 0 8 2 5 9
Over 60 days 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1

-2-

FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
39 45
Pending on 1st 34
34 28
Recld in month 35
Ansld in month 30
28 29
45 44
Pending at End 39
17 16
14
OVer 30 days

FOIA Requests for records: As of March 31, 1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OlY RBK SCH
Pending
0 2 6 0 0 4 0 0 3 1 4 2 0 3 3
Over 30 days 0 2 1 0 0 1 0 0 1 0 1 2 0 0 1

LITIGATION ACTIYITY - 1~~7 HORTH~ASA REQlQH
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
574 576 573
Cases Open
16 lS 22
New Cases
8
8
6
Lit Reports
12 13 25
Cases Closed
9
8
4
Habeas Corpus
2
5
5
FTCA
7
3
4
Bivens
0
4
1
Other
0
0
2
Bivens/FTCA

SETTLEMENTS AND AWARDS;
1.

Rivera-Torres v, United States, CV-95-233 (M.D.Pa.)

Inmate Carlos Rivera-Torres, 33217-054, brought a Federal
Tort Claims Act complaint alleging that he slipped and fell
on ice at LSCI Allenwood in March 1994. The case was
scheduled for trial on March 27, 1997. The inmate sustained
a fracture to his right ankle, which required a cast for
several months. His recovery was hampered by his diabetes.

No specific records could be located for snow and ice
removal for the day in question. Case settled for $12,500.
2.

Allen y. United States, CV-96-615 (M.D.Pa.)

Inmate Royal Allen, 36863-019, filed a Federal Tort Claims
Act complaint alleging that his property was lost when he
was taken to the Special Housing Unit at LSCI Allenwood.
Our investigation revealed probable liability for the loss
of the property.

-3-

Attempts to settle with the inmate proved fruitless. We
filed a motion for summary judgment against the United
States for the amount demanded in the administrative tort
claim, which we felt was appropriate for the loss. On
January 31, 1997, the court granted our motion and entered
summary judgment against the United States for $174.65 and
for costs of $83.22 (the filing fee paid by the inmate).

SIGNIFICANT CASES OR TRIALS;
1.

Leonard Fal zone v, Federal Bureau of Prisons, et al.,

Civil Action No. 97-574 (E.D.Pa.) (formerly Case No. 96-215 (E.D.Ky.)
This case was discussed in prior monthly reports. Inmate Leonard Falzone,
83361-020, filed a petition for habeas corpus in E.D. Ky. challenging the
disallowance of 14 days good conduct time for an infraction committed at
Lewisburg Camp. The DHO hearing summary erroneously did not specify the
loss of GCT. An amended DHO summary was later prepared. The inmate
challenged the authority of the DHO to amend the summary. The MARO and
Ashland had responsibility for this litigation and a response was duly filed in E.D.
Ky. After the inmate was transferred to FCI Schuylkill, the case was transferred
to E.D.Pa. On February 26, 1997, a hearing was held before U.S. Magistrate
Judge Rueter on the petition. We offered our assistance to MARO who agreed
to let us assist the AUSA. Joyce Horikawa assisted at the hearing. DHO Zimany
testified that his notes and contemporaneous records showed that he had

disallowed the good conduct time for the inmate. The only document which did
not reflect the disallowance was the DHO summary. The error was cured when
the DHO issued an amended DHO summary and the inmate was afforded the
right to appeal. On February 27,1997, the Magistrate Judge recommended that
the petition be denied. On March 17, 1997, Judge Katz adopted the Report and
Recommendation, dismissing the petition.
2. Linn v. Wigen, Civ 96-3147 (E.D.Pa.)
Former inmate Michael Linn, 81843-054, brought a Bivens action against staff at
FCI Schuylkill, Regional Counsel, and Central Office Appeals Administrator Ed
Crosley alleging primarily that (1) he was denied CCC placement because he
was Jewish; and (2) he was denied surgery for a shoulder injury and was given
work assignment contrary to his medical problem. He asserts that one
similarly situated non-Jewish prisoner was given a ecc placement. He also
alleges that the shoulder surgery was recommended by a
contract specialist and the defendant denied it anyway. A non-jury trial was held
before Judge Dalzell on March 13, 1997. Joyce Horikawa assisted the AUSA at
the trial. At the close of evidence, the Judge ruled from the
bench and entered a judgement for all defendants. The Judge
held that the plaintiff failed to present evidence that the
CCC decision was based on his religion and had failed to
show that medical staff was deliberately-indifferent to his
medical needs.

-4-

3. United States v. Hammer, 4:CR-96-239 (M.D.Pa.)
Inmate David Hammer, 24507-077, has been charged with the April 1996 murder
of an inmate at USP Allenwood. The United States Attorney has requested
authorization from DOJ to seek the death penalty. The request is scheduled to
be reviewed by DOJ on
March 7,1997. Judge Muir held a hearing on March 10, 1997 on defense
attorneys's motions pertaining to telephone access and special mail. Inmate
Hammer is under phone and correspondence restrictions for disciplinary
reasons. Defense attorneys asked the court to order USP Allenwood to permit
Hammer to make unmonitored calls to defense experts. They also requested the
court to order USP Allenwood to permit Hammer to make monitored calls to any
defense witness (including another inmate now in a state system). Defense
attorneys are also asserting the Clerk of Court mail should be automatically
included in Special Mail. Hope Moro attended the hearing and testified
concerning some of these issues. The AUSA advised that the court denied all of
the defense motions with the exception of special mail. The court apparently

held that clerk of court mail should be treated as Special Mail. After we receive a
copy of the decision, we will probably move for reconsideration.

5.

Curran v. United States, 3:93CV1749 (D.Conn.)

Former inmate Kimberly Curran, 07921-026, filed this Federal
Tort Claims Action complaint alleging that a staff member at
FCI Danbury had sexually harassed.and assaulted her. On
March 18, 1997, Judge Thompson granted our motion to
dismiss. The court held: (1) any alleged actions by the
staff member were outside the scope of his employment; and
(2) decisions concerning staff discipline and inmate
transfers and furloughs fall within the discretionary
function exception to the FTCA.
6. Dobson v. Bureau of Prisons, CV-96-01767 (D.D.C.)
Inmate Sherman Dobson, 00003-099, filed an action under the
Freedom of Information Act challenging the denial of
memoranda
and staff statements which were generated after the
disturbance
at USP Lewisburg in October 1995. With one exception, Judge
Sporkin upheld that denial and excisions in the FOIA
processing. The court found that the inmate was also
requesting statements of witnesses relating to an inmate
discipline hearing. The court found no exemption applied to
these statements since they had been provided to the inmate
at the DHO hearing. The original FOIA request we processed
did not request these statements. We complied with the
court order and sent the inmate the additional statements.

-5-

7. United States v. Marino,

Crim. No. - - (S.D.N.Y.)

Inmate Daniel Marino, 99111-012, arrived at MCC NY on

February 12, 1997 to face prosecution of criminal charges in S.D.N.Y. He was
moved from FCI Ashland pursuant to a writ ad prosequendum. On March 27,
1997, the AUSA contacted the MCC NY and advised that Judge Sterling
Johnson scheduled a hearing for March 28, 1997 to address allegations by the
defendant concerning medical care at MCC NY. The Judge required the Warden
to appear at the hearing. Attorney Alma Lopez accompanied the Warden. The
defendant alleged that he had blood in his stool and he had not been examined
since he was at MCC. BOP records show that he was examined by the Staff
Physician on March 17, 1997 and was scheduled for a colonoscopy. The Judge
stated he did not want to get involved in the details of the defendant's medical
care. He suggested a meeting to resolve the dispute. A meeting was held
following the hearing and defense counsel requested that a private doctor
examine the inmate. The defense counsel were requested to send their request
with supporting documents in writing. The inmate received his scheduled
colonoscopy on
April 2, 1997. The Warden will decide whether to grant the request after the
results of the tests are received.
8. Colon v. Menifee, Appeal No. 96-7588 (3d Cir.)

This is an appeal from the grant of a habeas corpus petition by Judge Muir in
4:CV-96-0807 (M.D.Pa. June 28, 1996). Petitioner
Jimmy Colon, 19968-038, challenged the Bureau's decision that his conviction
for felon in possession of a firearm under 18 U.S.C. § 922(g} was a crime of
violence precluding him from early reduction consideration under 18 U.S.C. §
3621 (e). Judge Muir held that the Bureau was not entitled to conclude that the
possession of a firearm by a felon is a crime of violence for purposes of 18
U.S.C. § 3621 (e) eligibility. The Third Circuit advised the AUSA that
the case may be scheduled for oral argument on Friday, May
9, 1997.

RELIGIOUS CASES;
New cases: None
Significant activity in pending religious cases:
1.

•

Hewlett y. Holland, 3:CV-96-1075 (M.D.Pa.)

On March 5, 1997, Magistrate Judge Smyser recommend that our
motion for summary judgement be granted in the above case.
Inmate William Hewlett, 37305-133, filed a petition for writ
of habeas corpus alleging mostly non-religious issues (not
receiving adequate treatment for his mUltiple
personalities). He also alleged that USP Allenwood will not
permit him to practice a Native American religious ceremony
to exorcize the spirit of a relative. USP Allenwood permits
him to conduct his pipe ceremony on Saturdays near the Sweat

Lodge. Hewlett alleged that there is violence between Sioux
inmates and Cherokee-Shawnee inmates and, thus, he cannot
perform his ceremony then because he would be subjected to
violence. The Magistrate Judge found no evidence to support
an inference that the institution's limitation of the time
and space substantially burdened the inmate's free exercise
of his religion.

. -6-

See L!Dn case above - No RFRA issue - alleged equal
protection violation.

ENSIGN AMENDMENT CASES: None

TRAVEL AND LEAVE SCHEDULE FOR APRIL 1997:

Dave Essig Travel - April 10 - MCC New York - Legal Peer Review
Annual Leave - April 23-25,30,May 1,2.
Administrative Leave May 5-9, 1997
Report to GLYNCO Monday, May 12, 1997.
Hank Sadowski Travel - April 10 - MCC NY - Legal Peer Review
Annual Leave - April 3-4
Joyce

Horik~wa

Travel - None scheduled
Annual Leave - April 4

Ron Hill Travel - None scheduled
Annual Leave - April 15
Jay Furtick Travel - None scheduled
. Annual Leave - None scheduled

cc: Regional Director, NER
Deputy Regional Director, NER

All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

UNITED STATES GOVERNMENT

memorandum
Date: May 12, 1997
Reply to
Henry J. Sadowski, Regional Counsel, Northeast'Region
Attn of: Federal Bureau of Prisons, Philadelphia, Pa. 19106

Subject: Monthly Report - April 1997
To:

Wallace H. Cheney, General Counsel and

Assistant Director, Federal Bureau of Prisons
Washington, D.C. 20534
ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARy REPORT
Administrative Remedies - 1997
JAN FEB MAR APR MAY J1JN JUL AUG SEP OCT NOV
DEC
Pending on 1st 64 66 45 87
Rec'd in month 117 100 156 157
Ans'd in month 115 121 114 141
Pending at End 66 45 87 103
Over 30 days
0
0
0
0
Administrative Tort Claims
JAN FEB MAR
DEC
Pending on 1st 243 202 221
Rec'd in month 53 67 69
Recons. rec'd
6
7
9
Ans'd in month 100 55 84
Pending at End 202 221 215
OVer 180 days
0
0
0

- 1997
APR MAY J1JN JUL AUG SEP OCT NOV
215
58
5
46
232
0

Tort Claim Investigation Status: As of April 30, 1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending

4 4 2 2 4 7 5 8 20 4 0 8 3 7 3

Over 60 days 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
39 45 44
Pending on 1st 34
34 28 34
Rec'd in month 35
28 29 27
Ans'd in month 30
45 44 51
Pending at End 39
17 16 17
Over 30 days
14

-2-

FOIA Requests for records: As of April 30, 1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH

Pending
1 2 2 4 0 3 0 1 2 0 3 3 1 0 3
Over 30 days 1 0 0 0 0 2 0 0 0 0 0 3 0 0 3
LITIGATION ACTIVITY - 1997 NORTHEAST REGION
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Cases Open
574 576 573 579
New Cases
16 15 22 23
6
Lit Reports
8
8 10
Cases Closed
12 13 25 17
4
9
8
Habeas Corpus
8
5
FTCA
5
4
2
Bivens
3
4
8
7
Other
0
1
4
2
Bivens/FTCA
0
2
0
1
SETTLEMENTS AND AWARDS;
1.

Hammed v, United States, CV-95-10306 (S.D.N,Y,)

In this Federal Tort Claims Act complaint, former inmate Ali
Hammed, 03822-070, alleged that FCI Otisville lost his

property on an institution transfer. Inmate requested $180
in damages. The major issue was the evaluation of the
property. Case settled for $120.
SIGNIFICANT CASES OR TRIALS;
1. Colon v. Menifee, Appeal No. 96-7588 (3d Cir.)

This is an appeal from the grant of a habeas corpus .petition by Judge Muir in
4:CV-96-0807 (M. D. Pa. June 28, 1996). Petitioner
Jimmy Colon, 19968-038, challenged the Bureau's decision that his conviction
for felon in possession of a firearm under 18 U.S.C. § 922(g) was a crime of
violence precluding him from early
reduction consideration under 18 U.S.C. § 3621 (e). Judge Muir held that the
Bureau was not entitled to conclude that the possession of a firearm by a felon is
a crime of violence for purposes of 18 U.S.C. § 3621 (e) eligibility. Oral
argument was held before the Third Circuit on Friday, May 9,
1997. The court focused on the nature of deference the
court should accord the interpretation of the Bureau.

-3-

2. Wang v. Department of Justice, Civil No. 97-2462
(E.D.Pa. )

Attorney Helen Wang filed this complaint requesting a
temporary restraining order and injunctive relief. On
February 27, 1997, Attorney Wang was found in possession of
ammunition when trying to see some inmates at USP Lewisburg.
The case was referred to the FBI for criminal investigation.
Her visits at USP Lewisburg were suspended. Counsel for
Attorney Wang argued that her visits to all federal
institutions have been suspended because of the
investigation. The complaint requested the court to order
the Bureau to permit her access to federal institutions. On

April 25, 1997, Judge Brody held a status conference in
chambers. Attorney Wang was represented by two attorneys;
the Deputy Chief of the Civil Division and Hank Sadowski
represented the Bureau. The Judge recognized that the
investigation must be given sufficient time and denied the
TRO. The court scheduled a pretrial conference for
September 3, 1997.
3. Gibbons v. United States, CV-95-4654 (S.D.N.Y.)

Inmate Gary Gibbons, 34115-054, filed a FTCA case alleg ing that he injured his
hand as a result of using defective and dangerous weight lifting equipment at
MCC NY. The inmate claims that he was using a piece of equipment when it
disengaged, striking him. His primary argument seems to be that the MCC NY
had a duty to instruct him on proper use of the equipment. Trial occurred on
April 8, 1997. Alma Lopez assisted the AUSA. After the trial, the court
requested additional briefing. Plaintiff is seeking $300,000 in damages.
4. United States v. Marino,

Crim. No. ---- (S.D.N.Y.)

Inmate Daniel Marino, 99111-012, arrived at MCC NY on
February 12, 1997 to face prosecution of criminal charges in S.D.N.Y. He was
moved from FCI Ashland pursuant to a writ ad prosequendum. On March 27,
1997, the AUSA contacted the MCC NY and advised that Judge Sterling
Johnson scheduled a hearing for March 28, 1997 to address allegations by the
defendant concerning medical care at MCC NY. The Judge required the Warden
to appear at the hearing. Attorney Alma Lopez accompanied the Warden. The
defendant alleged that he had blood in his stools and he had not been examined
since he was at MCC. BOP records show that he was examined by the Staff
Physician on March 17,1997 and was scheduled for a colonoscopy. The Judge
stated he did not want to get involved in the details of the defendant's medical
care. He suggested a meeting to resolve the dispute. A meeting was held
following the hearing and defense counsel

-4-

requested that a private doctor examine the inmate. The defense counsel were
requested to send their request with supporting documents in writing. The

.'
inmate received his scheduled colonoscopy on April 2, 1997. The Warden will
not decide whether to grant their request until the results of the tests are
received.

s.

United States v. Papagni, 9S-CR-31 (E.D.N.Y.)

In the above case, Judge Frederic Block issued an order to
show cause on April 8, 1997 to determine whether the United
States Attorney's office must obtain all phone tapes made by
a Witsec inmate, who is a scheduled witness in this case.
The court entered an order requiring the Bureau to preserve
all phone tapes pending a hearing. The court requested
representatives of the Bureau of Prisons appear at the
hearing, which was held on
April 17, 1997. Hank Sadowski and Craig Trout assisted the
AUSA. The AUSA submitted a motion to vacate the
preservation order supported by an excellent brief (with
exhibits) which focused the court on whether BOP phone tapes
can be deemed to be in the possession of the prosecution.
The court praised the submission by the AUSA. The court
opined that he was inclined to find that the tapes were not
in the possession of the prosecution, thus, they were not
automatically Jencks/Brady/Giglio material. The court
decided to treat the defense attorney request as a subpoena
under Rule 17. The court put the burden on the defense to
make a proffer why information on calls to specific persons
were needed. The court heard from the defense counsel ex
parte and found that certain calls to friends of the
~nmate/witness may have to be produced.
Before issuing a
final ruling, the court permitted (1) the defense to submit
a brief in response to the motion by the AUSA, and (2) the
AUSA to submit a brief on the propriety of defense counsel
making ex parte submissions to the court. The court held a
second hearing on May 1, 1997, and modified his preservation
order to require the institution to preserve hits for
certain numbers.
We are checking to see how burdensome this order will be.
6.

United States v. Felipe, 94 CR 395 (S.D.N.Y.)

On April 16, 1997, Judge Martin held a hearing addressing
whether restrictions on confinement he imposed on a sentence
for Luis Felipe, 14067-074, were within his authority. The
AUSA argued that, under the facts of this case, the court

had the authority to impose restrictions under 18 U.S.C. §
3582(d). Felipe is the leader of the Latin Kings and the
evidence before the court

.

-5-

showed that Felipe had ordered murders while in pretrial
detention. Defense counsel stressed the unprecedented
nature of the restrictions. On April 29, 1997, the court
issued an opinion upholding the restriction under § 3582(d).
In dicta the court also opined that it had the inherent
authority to order such restrictions.
8. United States v. Rosario,

Crim. No. --- (S.D.N.Y.)

Inmate David Rosario, 39665-054, arrived at MCC NY on
January 23, 1997 to face prosecution of federal racketeering charges. Rosario
arrived from New York state custody, where he was serving a forty year plus life
sentence. He was placed in administrative detention on his arrival .. MCC NY
deemed him to be a high security risk based on his state sentence. In addition
MCC held him in AD pending classification. The inmate had separatees and
MCC had heard (without documentary confirmation) that the inmate had an
extensive disciplinary record in the state. Judge Keenan (the criminal trial judge)
held a hearing on April 7, 1997 to address complaints from defense counsel
concerning this placement. Alma Lopez represented the Bureau. Judge Keenan
expressed concern that the inmate had been in AD since January 1997 and the
MCC still had not receive documentation from the state concerning his
disciplinary problems. The court asked the AUSA to submit a report by April 19,
1997 setting forth whether the MCC will continue to house the inmate in AD.

9. United States v. Shapiro, Crim. No. 96-1019 (E.D.N.Y.)
On April 1, 1997, Judge Block held a hearing addressing complaints made by
inmate Robert Shapiro (a.k.a. Robert Weldon), 43063-053, that he had
insufficient access to a law library.
The inmate is serving a federal sentence and was brought back via writ to face
federal charges of attempting escape and forging a Judgment & Commitment
order. The inmate wants to proceed pro se and has rejected attempts by the

court to appoint him counsel. Azzmeiah Vazquez represented the Bureau at the
hearing. The inmate demanded more access to law library, access to a fax
machine, and access to a copy machine. Azzmeiah was able to show
that the inmate requested access to the law library only three times in the last
three months. She also went over the inmate's commissary account to show he
was able to afford copies. The court advised the inmate of the difficulties of
appearing pro se. The court stated that it was not going to ask the MOe to
change policy solely because the inmate refused appointed counsel.

-6-

10. United States v. Coffey, Crim. 94-282 (D.Nevada)

On April 8, 1997, U.S. District Judge Pro held a hearing via
telephone concerning the 18 month federal sentence he
imposed on inmate John Alexander Coffey, 30281-048 on July
28, 1995. The issue was whether the federal sentence was to
run concurrently with a state term. The inmate had been in
the primary custodial jurisdiction of Arizona state
authorities. The inmate was taken to federal court via writ
and received the 18 month federal sentence prior to the
imposition of the state sentence. The Judgement and
Commitment Order did not reference the state sentence. The
inmate was returned to state custody and was sentenced to a
term of about 2* years. He completed service of this state
sentence on or about December 9, 1996. The inmate was
designated to FCI Fort Dix.
We computed his federal sentence to be consecutive to the
state. This computation was based on the fact that the
Federal Judgement and Commitment Order was silent concerning
the federal judge's intention.
In the hearing, Judge Pro
stated for the record that his intention was that his
federal sentence was to be served concurrently. Since the
court's intention was now clear, the judge was advised that
we would recompute his federal sentence to run concurrently
with the state.

On the telephone for this hearing, at the Judge's request,
were Warden Hurley, FCI Fort Dix, Regional Counsel Harlan
Penn, WRO, Deputy Regional Counsel Hank Sadowski, NER, and
the inmate.
11.

United States

v.

M,S., Crim. No. ----- (E.D.N.Y.)

Late in the day on April 24, 1997, we learned that the court
was presented with a proposed order to direct MDC Brooklyn
to accept 17 year old juvenile, M.S. Azzmeiah Vazquez
tracked down the AUSA, who advised the court that the Bureau
of Prisons needed to be heard before the order was signed.
At about 6:00 pm, the court had an emergency hearing at
which the AUSA advised the court of the statute requiring
segregation of juveniles and the practical problems for
housing him at the MDC. The court decided not to sign the
order placing the juvenile in MDC.

RELIGIOUS CASES;

New cases:

Significant activity in pending religious cases:
1.

Davidson v, Chestnut, 96 Civ. 1228 (S.D.N.Y.)

New York State inmate Ronald Davidson, 05899-054, was held
at MCC

-7-

NY on federal writ from July 3 to July 8, 1995. His
original complaint alleged he was denied prescription
medicine while at MCC NY. In his amended complaint, Davidson
(represented by an attorney) cites RFRA and alleges that he
was denied a religious diet during his stay notwithstanding
his request for common fare. He alleges that the diet was
denied in retaliation for a prior lawsuit he had filed
against staff at MCC NY.

ENSIGN AMENDMENT CASES:
1.

Lapinsky v, Harding, 4:CV-96-1975 (M.D.Pa.)

Inmate Lawrence J. Lapinsky, 02325-284, has filed a request
for a temporary restraining order and an injunction to
prohibit implementation of the Ensign Amendment at FCI
Allenwood. The inmate is alleging that the Ensign Amendment
is in violation of the First Amendment.
2.

Amatel, Moore, Levitan v, Reno, CV 96-02774 (D.D.C.)

Three cases were consolidated in District of Columbia
challenging the Ensign Amendment and the Bureau's
implementation thereof. One of the inmates is from USP
Lewisburg. The consolidated case is being handled through
Litigation Branch in OGC.
PLRA 1915 DISMISSALS:

None.

TRAVEL AND LEAVE SCHEDULE FOR APRIL 1997:
Hank Sadowski Travel - None scheduled
Annual Leave - None scheduled
Mike Tafelski Travel - May 16 - CLE Training - Philadelphia, PA
May 27-30 USP Lewisburg
Annual Leave - None scheduled
Joyce Horikawa Travel - None scheduled
Annual Leave - May 19, 1997
Ron Hill Travel - None scheduled
Annual Leave - None scheduled
Jay Furtick Travel - May 21-30 - Relocation trip - Seatac
Annual Leave - None scheduled

-8-

Rosalind Bingham Travel - April 28 - May 9 Paralegal training, Aurora,

co
Annual Leave - None scheduled

Personnel:
On May 12, 1997, Dave Essig reported as Associate General
Counsel, Legal Training and Review. On that same day, Hank
Sadowski assumed duties of Regional Counsel; Mike Tafelski
reported as Deputy Regional Counsel; and Lori Cunningham
reported as Supervisory Attorney at USP Lewisburg.
I thank
Dave for many years of guidance to the Region (and to me)
and we wish him well in his new position. We will strive to
keep the same high standards established by Dave during his
long tenure as Regional Counsel.
cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora

UNITED STATES GOVERNMENT

memorandum
Date: June 17,

1997

Henry J. Sadowski, Regional Counsel, Northeast Region
Attn of: Federal Bureau of Prisons, Philadelphia, Pa. 19106

Reply to

Subject:

To:

Monthly Report - May 1997

Wallace H. Cheney, General Counsel and
Assistant Director, Federal Bureau of Prisons
Washington, D.C.
20534

It ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARy REPORT
A. Administrative Remedies - 1997

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 64 66 45 87 103
Rec'd in month 117 100 156 157 196
Ans'd in month 115 121 114 141 141
Pending at End 66 45 87 103 158
Over 30 days
0
0
0
0 0
B. Administrative Tort Claims - 1997
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
DEC
Pending on 1st 243 202 221 215 232
Rec'd in month 53 67 69 58 63
Recons. rec'd
6
7
5
9
2
Ans'd in month 100 55 84 46 45
Pending at End 202 221 215 232 252
Over 180 days
0
0
0
0
0
C. Tort Claim Investigation Status: As of May 31,1997
ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH NER
Pending
4 5 4 5 5 8 2 4 17 2 1 6 5 6 0 1
Over 60 days 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

D. FOI/Privacy Act Requests - 1997
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

34
35
30
39
14

39
34
28
45
17

45
28
29
44
16

44 44
34 41
27 17
51 68
17 27
-2-

E. FOIA Requests for records:

As of May 31, 1997

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH

Pending
Over 30 days

II.

2
1

122
0
0
0

LITIGATION ACTIVITY

020
010

-

2
0

4
0

1
0

2
0

2
0

2
0

0
0

3
2

1997 NORTHEAST REGION

A. SUMMARy REPORT
JAN FEB MAR APR MAY JON JUL AUG SEP OCT NOV
DEC
Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

574 576 573 579 585
16 15 22 23 17
8
3
4
9
8
5
5
2
3
4
3
6
4
7
8
1
0
4
5
2
0
2
0
0
1
8
8
6
8 10
12 13 25 17 11

B, SETTLEMENTS AND AWARDS:
1. Dennie v, Teague, Civ. No. 96-CV-634 (N.D.N.Y.) - Inmate
Akali Dennie, 11762-014, filed Bivens case alleging failure
to protect him from assault by another inmate while at FCI
Ray Brook. Our records show placement of Dennie into SHU
cell with inmate who assaulted him the night before. Due to
possible exposure, we agreed to convert into FTCA case and

settle for $5000.00.
2. Allied Imaging Inc. v. FCI Ft. Dix , Civ Action No
DC-2793-97 (Superior Court of N.J.)- Plaintiff filed
complaint requesting payment of $2600.00 due and owing for
goods and services rendered. After a review of the facts,
institution realized payment was due and a check was paid to
the Plaintiff. Stipulation of dismissal was filed.

C. SIGNIFICANT CASES OR TRIALS;
1. Ferguson v. U.S. B.O.P., 96 Civ 6163 (KMW) (S.D.N.Y.)

Inmate Sylbourne Ferguson, 06026-067, alleges he was physically assaulted by
staff member at FCI Otisville. Case is significant because of DOJ's decision
NOT to grant representation to one of four BOP defendants. Although that
particular defendant's
-3-

version of facts differed from the other three defendants, we recommended
private counsel be appro~ed since, under either version, the use of force still did
not rise to level of constitutional violation (bump with chest). Defendant had
been disciplined (5 day suspension).

2. Starzecpyzel v. U.S., 97 Civ 1349 (LLM) (S.D.N.Y.)
Attorney Stephen Roen filed this complaint challenging the
decision by the Warden at FCl Danbury to restrict the
attorney's visiting privileges for 30 days. Trying to graft
this complaint to a pending 2255 motion, Roen requested a
temporary restraining order and bail for the inmate Eileen
Strazecpyzel, Reg. No. 34792-054. The attorney alleged this
decision interfered with the ability to represent the inmate
in the 2255 motion to vacate her sentence. On May 22, 1997,
Judge McKenna held a hearing.
Mike Tafelski assisted the
AUSA. Judge ruled that his Court did not have jurisdiction
over the matter. Attorney then filed an administrative
appeal with Regional Director concerning the suspension.
Although suspension was upheld, time period was reduced by
seven days with the attorney visits limited to the general
visiting area for enhance staff supervision.
(Attorney was
seen by staff massaging the inmate's shoulders, etc.).

Attorney has renewed the same complaint in the District of
Connecticut.
3. U.S. v. Barrios, Sl 95 CR 524 (LLS) (S.D.N.Y.) - On May
1, 1997, inmate Joe Barrios, 37320-054, appeared before
Judge Stanton for sentencing under the influence of heroin
and cocaine. Sentencing was canceled and the Judge
requested an explanation as to how this could occur and the
BOP's drug rehabilitation programs. MCC NY Attorney
Dominique Raia attended a hearing (and later through Warden
Reish submitted a letter) responding to the Court's
concerns. On May 23,1997, Judge Stanton sent a letter to
Warden Reish thanking him for the thoughtful and thorough
letter.
4. U.S. v. Salvatore Brunetti, (D.N.J.) - On May 8, 1997, FCI Fairton attorney

Bobbi Truman and Chief Psychologist attended sentencing for pretrial detainee
Salvatore Brunetti, Reg. No. 07781-062. Brunetti was requesting a downward
departure from sentencing guidelines based on mental instability. Psychologist
was subpoenaed by defense attorney because of a report he prepared over a
year ago questioning Brunetti's stability. Psychologist testified that he feels
Brunetti duped him in the past and that Brunetti is stable. Defendant was
sentenced to forty years.

-4-

5. People of State of New York v. David Watson,
On May 13,1997, Azzmeiah Vazquez, Attorney Advisor at MDC Brooklyn, along
with an AUSA for the EDNY appeared before a state court judge who threatened
to hold a MDC Brooklyn staff member in contempt of court for not producing an
inmate (David Watson, Reg. No. 26104-053) pursuant to a state writ requested
by the Brooklyn District Attorney's office. During the hearing, the court was
advised that the MDC did not oppose the production of the inmate but the DA's
office did not complete the necessary paperwork (requested by the MDC prior to
the hearing) to enable the Warden to authorize the release of the inmate to state
agents. The Judge did not hold staff in contempt and admonished the DA's
office for not following through with the necessary information.
6. Gibbons v. United States, CV-95-4654 (S.D.N.Y.)

This is an update of the April 8, 1997 trial in Inmate Gary Gibbons, 34115-054.
Inmate filed a FTCA case alleging that he injured his hand as a result of using
defective and dangerous weight lifting equipment at MCC NY. The inmate
claimed that he was using a piece of equipment when it disengaged, striking him.
After the trial, the court requested additional briefing on the duty of the United
States to instruct the inmates on the operation of the equipment. Plaintiff sought
$300,000 in damages. The court recently ruled in favor of the United States.

D. RELIGIOUS CASES;

New cases: None

Significant activity in pending religious cases:
1.

Pollard v. Secor, et.al, 95 Civ. 5599 (E.D.P.A.)

Inmate Rodney Pollard, Reg. No. 14640-050, alleged, in
Bivens action, that while he was at FC! Schuylkill he was
improperly placed in administrative detention as a result of
the practice of his religion. Defendants' Motion for
Summary Judgement was denied as to placement in SHU and
alleged retaliatory transfer. Court recently allowed AUSA
to file supplemental brief on administrative detention
placement issue. Case scheduled for jury trial before Judge
Ludwig on June 23, 1997. Attorney Jay Furtick will assist
the AUSA.
E. ENSIGN AMENDMENT CASES:

1.

Wolf v. Hahn, et.al. ,CV 97-8 Erie (W.D.Pa.)

Inmate Carl Wolf, Reg. No. 40661-066, has filed a Bivens
-5-

complaint in which he challenges the implementation of the
Ensign Amendment and uno frills" prison amendments. He did
not exhaust his administrative remedies.
F. PLRA 1915 DISMISSALS;

None.

III. TRAVEL AND LEAVE SCHEDULE FOR JUNE 1997:
Hank Sadowski Travel - June 2-5 -- Sentencing Training, Denver
Annual Leave - June 26 - 27, 1997
Mike Tafelski Travel - June 17 - FCI Danbury - tort claim
investigation
Annual Leave - June 30 - July 3, 1997
Joyce Horikawa Travel - June 2- 5 Sentencing Training, Denver
June 10 - FCI Schuylkill regarding EEO case
Annual Leave - None Scheduled
Ron Hill Travel - June 23 - 27 -- USMCFP Springfield - Legal
Management Review
Annual Leave - None scheduled
Jay Furtick Travel - June 9 - 13 -- FCC Allenwood -- Staff assist
Annual Leave - None scheduled
Rosalind Bingham Travel - None scheduled
Annual Leave - June 30 - July 3, 1997
Personnel:

On June 9, 1997, Nellie Torres, Attorney, reported to FCC
Allenwood as a new Honors Attorney.
Jay Furtick has a
reporting date of July 20, 1997 to MDC Seatac. NCRO Honors
Attorney Tom Mueller has a July 20, 19 9 7 reporting date to
FCC Allenwood.
cc: Regional Director, NER
Deputy Regional Director, NER
All NER CEOs
All Regional Counsel
All NER institution attorneys and paralegals
Attorneys at GLYNCO and MSTC, Aurora