Fbop Ner Monthly Reports 2001jan-dec

• Topics: Court Access, BOP Litigation Reports

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u.s. Department of Justice
(
Federal Bureau of Prisons

Nonheast Regio1lal Office
I !.s. Om"", Houst
211,/ ,~ Cllr,fllllll Strt'tl.f
/'lli ItIIld"IIill. PA. / fJJ 06

February 23, 2001

MEMORANDUM 'FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - January 2001

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

D~C

161
173
185
149
0

B. Administrative Tort

Cla~s

- 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 335
Rec'd in month 93
Recons. rec'd
3
Ans'd in month 77
Pending at End 354
Over 180 days
0

Tort

Cla~

Investigation Status:

As of January 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MeR NYM OTV PHL
t'

RBK SCH

Pending

4043

Over 60 days

D. FOI/Privacy Act Requests - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
46
44
70
20
2*

* Note: Archived records.
E. FOIA Requests for records:

As of January 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCR NYM OTV PHL RBR SCH
NER
Pending

0
0
>20 days 0
0

0
I

II.
A.

LITIGATION ACTIVITY - 2001 NORTHEAST REGION
S~Y

REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400
11
7
1
1
1
1

10
10

B. SZGNIFZCANT LZTlGATZON MATTERS: None
C. BEARINGS/TRIALS: -

1) Toolasprashad v. Lane, .et ale (4:CV-98-1234) (MDPA) (Biv) - Plaintiff
alleged that five FCI Allenwood staff transferred him in retaliation
for exercising his First Amendment rights. Trial commenced with jury
selection on January 3, 2001. On January 4, 2001, the Plaintiff
(
elected to dismiss his case with prejudice. It should be noted that \

4044

the Plaintiff had unsuccessfully tried to have subpoenas served on a

(

number of current and former staff. At the time of trial, he was
limited to presenting the retaliatoiy transfei issue, thwarting his
plan to use racial allegations. Judge Muir was extremely upset over
the fact that the Plaintiff waited so long to dismiss his case. FCC
3

Allenwood Attorney Mike Sullivan served as co-counsel for the trial.
2) Vorhaur v. Zenk (3:CV-00-0444) (MDPA) (HC) - Petitioner sought thirty
one (31) days of jail time credit for the period of time from when he
alleged he was paroled from a state sentence until the time the USM
took him into custody. An evidentiary hearing was concluded on
January 11, 20Dl, at which time the court ordered FCI Allenwood to
award the credit. After careful consideration of the unique
circumstances surrounding this case, it has been decided not to
recommend appeal.

c. .

3) u.s. v. Zhang, Cr. No. 98-356 (EDPA) - On February 2, 2001, Judge
Schiller held a hearing regarding the status of a deportation hearing
for inmate Jun Oing Zhang, 52008-066. On December 1, 2000, the court
sentenced the inmate to 36 months, but if INS ordered deportation, the
inmate was to be transferred to INS for deportation. The Court
ordered the hearing when it learned INS would probably not consider a
deportation order until near the end of the sentence. At the hearing,
the AUSA, INS counsel, and I explained the process and tried to
accommodate the Court's intent, to the extent possible. The court was
advised that there was a statute prohibiting earlier release from a
not-completed sentence unless approyed by the Attorney General. The
court recommended that the inmate be transferred to LSCI Allenwood·
where INS holds hearings. We complied wi th that recommendation.
i

D. RELIGIOUS CASES:

:-'

1) Toulouse, et. ale v. United States, et.al., 00-4840 (JAP) (DNJ)
Three FCI Fort Dix inmates allege that the institution has not
provided them proper materials to perform the required sweat lodge
ceremonies. In addition, one inmate alleges that he was injured
trying to split firewood. The representation requests of the
individually named defendants have been forwarded to Main Justice for
review and possible granting of private representation.
E. ENSIGN AMENDMENT CASES: - No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
I} USP Allenwood - 11 referrals (3 inmate on staff assaults, 1 inmate
on inmate assault with a weapon, 1 possession of escape paraphernalia,
5 drug related (1 introduction of marijuana, 4 possession of brown tar

4045

heroin) )
2) FeI Allenwood - 5 referrals (3 ~nmate on staff assaults, 1 inmate
on inmate fight, 1 possible inmate on inmate rape)
3) LSCI Allenwood - 2 referrals (~ inmate on inmate fights (both

declined)
4) FPC Allenwood - 1 referral (inmate on inmate fight)
5) MCC New York - 2 referrals (Inmate used institution telephone to,
issue a'hit on a fellow gang member on the street; inmate arrived with
marijuana-filled ballo9n inside him)
tl.S. v. Macario Garcia - Sentencing is scheduled for March 9, 2001.
The defendant pled guilty to two of twenty one counts for assaulting
staff at USP Lewisburg and USP Allenwood .
• v. Kenney (4:CR-99-0280) - Inmate charge with assault on USP Allenwood
Unit Manager. Case removed from January 2001 trial list. 'Currently
scheduled for April 17, 2001.' Mental Health examination was ordered
by the court. Inmate Kenney is already approved for transfer to USP
Marion.
'
• v. Latimore (4:CR-00-0331) - Inmate Edward Latimore, #33260-060 is charged
in the hostage incident at USP Allenwood on August 29, ~OOO. Trial it,
scheduled for May 1, 2001.
\
VEL AND LEAVE SC~OLE FOR FEBRUARY. 2001:

,b(p

Travel: OGe Meeting - February 27-March 2
Annual Leave~ February 16
Travel - Atty Supv. Training - February 4-8
FMC Devens Staff Assist - February 21
Annual Leave - None
Travel - None scheduled
Annual Leave - None scheduled
1

Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None scheduled

4046

..... -

U.S. DEPARTMENT OF JUSTICE

(

Federal Bureau of Prisons

NORTHIAST RI'IONAl 0111tl
UJ. CUSTOM HOUSE
JND'CHlITNUTSTREm
PHIlADELPHIA, PA. '''06

March IS, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - February 2001

I. ADMINiSTRATIVE LEGAL ACTIVITiES - SUMMARY REPORT
A. Administrative Remedies - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 ci!ays

JAN
161
173
185
149
0

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
149
232
142
239
0

B. Administrative Tort

Cla~s

- 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 335 354
Recld in month 93 90
Recons. recld
3
4
Ansld in month 77 105
Pending at End 354 343
Over 180 days
0
0

Tort Claim Investigation Status:

As of February 28, 2001

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

Pending

4479

(

Over 60 days

010

D. FOI/Privacy Act Requests - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
20
64
33
51
5*

* Note: Archived records.
E. FOIA Requests for records:

As of February 28, 2001

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

Pending
1
6
0
1
3
O·
>20 days* 0
1
0
0
1
0
*Note all are archived records

II.

5
0

4
0

1
0

3
0

4
0

6
0

4
0

2
1

1
0

5
0

2
1

1
0

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT

(
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400 401
11 14
\
7
8
1
2
4
1
1
0
0
1
10 17

B. SIGNIFICANT LITIGATION MATTERS:

1) Berman v. United States, 3:CV-96-1708(MDPA) - On February 28, 2001,
the Court entered judgement against the United States in this FTCA
case. Trial was completed in August 2000.
The Court found that the
United States was negligent in the medical care it provided to former
inmate Jeffrey Berman, 42588-066.
This inmate arrived at USP
Lewisburg Camp in September 1993 with an existing, long standing
ileostomy. While at the camp, the Court essentially found that the
medical care was negligent by failing to provide the proper
opportunities for dilations and by failing to provide an adequate
number of the proper bags. The inmate was transferred to FMC Fort
Worth in September 1994. While there, he underwent surgical
procedures to revise his ileostomy with varying degrees of success.
The Court awarded the Plaintiff $178, 294.00
($150,000 pain and

4480

(

suffering and $78,294 f'or post-release medical expenses):
3

C. HEARINGS/TRIALS: -

1) United States v. Abdelohani Meskini, 00 Cr. 15 (SDNY) - Judge
Keenan held a hearing to address two letters from a defense attorney
in which he claimed that MCC New York was enforcing an unfair and
inconsistent legal mail policy which was interfering with his
client's, Abdelghani Meskini, 44712-054, right to counsel. The
attorney had been attempting to get some legal materials to his
client, but would not follow the procedures explained to him by legal
staff. MCC Attorney Andrea Girolamo assisted at the hearing. Special
mail procedures were briefly explained to the judge, who instructed
the defense attorney to follow the instruction. The court recognized
that mail handling is a security issue for the MCC.

(

2) United States v. Myles Rappaport (SDNY) - Inmate Myles Rappaport,
39477-053, was criminally charged with filing false income tax returns
after he procured names and social security numbers of approximately
20 inmates while he was incarcerated at FCI Fairton and then used this
information to file false returns. On February 20, 2001, Mike
Dellamarco, ISM Manager, testified at trial, explaining SENTRY
printouts that identified inmates' social security numbers, and dates
and places of incarceration. Inmate Rappaport was convicted. AUSA
Bill Johnson handled the case.
3) United States v. Thomas O'Brien - (EDNY) - Judge Kimba Wood held a
hearing on February 7, 2001, regarding the decision by the Warden at
MDC Brooklyn not to permit a psychiatrist to bring a video camera and
lap top computer into the institution to conduct an evaluation of an
inmate, The inmate's attorney and the psychiatrist argued that the
video camera and computer were essential tobls and would help, not
only the doctor, but the finder of fact as well. MDC Brooklyn argued
that the Warden has discretion to determine what may be brought into
an institution. The Warden had legitimate security concerns with
permitting the camera and laptop into the institution.
Judge Wood found that it would be in the best interest of justice to
allow the psychiatrist to use the video camera and computer. However,
the court stated that she would not second-guess the administrative
correctional decisions of the Warden. Judge Wood ordered the u. S.
Marshals'to transport the inmate from MDC Brooklyn to a holding area
in the courthouse where the evaluation could take place. MDC Brooklyn
was represented at the hearing by Todd Bailey, Attorney and James
Sherman, Associate Warden.
D. RELIGIOUS CASES:

1) Toulouse, et. ale

v. United States, et.al., 00-4840 (DNJ)

4481

(

Three FeI Fort Dix inmates allege that the institution has not
4

provided them proper materials to perform the required sweat lodge
ceremonies.
In addition, one inmate alleges that he was injured
trying to split firewood. The representation requests of the
individually named defendants have been forwarded to Main Justice for
review and possible granting of private representation.
E. ENSIGN AMENDMENT CASES: - No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

u.s. v. Kenney (4:CR-99-0280)
- Inmate charged with assault on USP
Allenwood Unit Manager. Case removed from January 2001 trial list.
Currently scheduled for April 17, 2001. Mental Health examination was
ordered by the court.
Inmate Kenney has been approved for eventual
transfer to USP Marion.
U.s. v. Latimore (4:CR-00-0331) - Inmate Edward Latimore, 33260-060,
is charged in the hostage incident at USP Allenwood from August 29,
2000. Trial is scheduled for May I, 2001.
(

TRAVEL AND LEAVE SCHEDULE FOR MARCH 2001:

Travel: MARO (EEO Counselors Training) March 6
Annual Leave: None Scheduled
Travel - None Scheduled
Annual Leave - March 14-16
Travel - None Scheduled
Annual Leave - March 9-13
Travel - None Scheduled
Annual Leave - None Scheduled
~ Travel - DHO Training/MSTC - March 5-9
Annual Leave - None Scheduled

Travel - None Scheduled
Annual Leave - None scheduled
Travel - None Scheduled
Annual Leave - None Scheduled

4482

u.s. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
U.S.

CUJItIIII

HilusI'

2"d & ChCOSlllltl Streets
Pllilucltlpllia. PA. 19106

April 13, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - March 2001

(

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
161 149 239
173 232 202
185 142 251
149 239 190
000

B. Administrative Tort

Cla~s

- 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 335 354 343
Rec'd in month 93 90 81
3
4 11
Recons. rec'd
Ans'd in month 77 105 82
Pending at End 354 343 353
000
Over 180 days
C. Tort

Cla~

Investigation Status:

As of March 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MCR NYM OTV PHL
RBK SCH
Pending

(
'.,

4082

Over 60 days

000

D. FeI/Privacy Act Requests - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
51
20
77
64
33 105
23
51
o
5*

* Note: Archived records.
E. FeIA Requests for records:

As of March 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MeK NYM OTV PHL RBK SCH
NER
Pending

0
0
0
0
0
>20 days* 0
0
*Note all are archived records

II.
A.

LITIGATION ACTIVITY - 2001 NORTHEAST REGION
S~Y

REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bi vens / FT.CA
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400 401 398
11 14 11
785
121
143
100
102
10 17
9

B. SIGNIFICANT LITIGATION

~TTERS:

1) Wolf, et ale v. Reno, Civil No. 978-408 (WDPA March 2001) ~ This
case was discussed in prior reports. Three inmates at FCr McKean have
requested injunctive type relief challenging the application of the
Ensign Amendment and the part of the Zimmer Amendment which prohibits
the showing of R, X, and NC-17 films.
The District Court granted the
Government's motion to dismiss. The Court found the Ensign and Zimmer
amendments, and their implementing regulations, to be neutral and .
reasonable, and rationally related to penological interests.

4083

BZARINGS/~ALS:

1) United States v. Hector Ayala, (EDPA) On March 5, 2001,. the Court
held a resentencing on a case involving a joint state federal plea
3

agreement which did not properly take into account state law. This
office has been working with the u.s. Attorney's office over the past
three years in an effort to best accommodate the Federal Court's
intent. Ron Booher, Regional ISM and Michael Tafelski assisted at the
hearing.
2) United States v. Bin Laden, 98 Cr. 1023 (SONY) - The trial judge
held two hearings involving MCC NY in the Embassy Bombing case. On
March 27, 2001, Judge Sand held a hearing regarding the conditions of
confinement for inmate Mohammed Adam, 45047-054. The attorney
complained about restrictions. The court told the defense attorney
she needed to abide by MCe's policies.
On March 29, 2001, Judge Sand held a hearing concerning voluminous
subpoenas served by the attorney for inmate Mohammed Al-Owhali, 42371054, on the media, numerous government agencies (including MCC N~w
(/
York), and current and former government employees. Judge Sand was '.
extremely skeptical about the attorney's justification for the
subpoenas and held them to be over broad. Judge Sand instructed the
attorney to revise the subpoenas to government entities and resubmit
them for review.
3)U.S. v. Mercardo, - (SONY) On April 3, 2001, a sentencing hearing
was held before Judge Marrero regarding MCC New York inmate Damaso
Mercardo, 12353-054. The hearing was expedited as concerns for the
medical care of the inmate needed to be addressed. Dr. Glover and
Andrea Girolamo, Attorney assisted at the hearing by explaining the
inmate's medical condition and the care the Bureau can provide. The
judge sentenced the inmate to the balance of his supervised release
time (7 months), committed him to the custody of the Bureau and asked
that he be placed at a facility where he can receive adequate medical
care.
D. RELIGIOUS CASES:
1) Toulouse, et. ale v. United States, et. al., 00-4840 (DN~)
Three FeI Fort Dix inmates allege that the institution has not
provided them proper materials to perform the required sweat lodge
ceremonies. In addition, one inmate alleges that he was injured
trying to split firewood. The representation requests of the

4084

individually named defendants has been approved by Main Justice and
private counsel has been selected.
E. ENSIGN AMENDMENT CASES: -See note above.
4
lIZ.

CR~INAL

REFERRALS/PROSECUTIONS/TRIALS:

. v. Latimore (4:CR-00-0331) - Inmate Edward Latimore, 33260-060, is charged
in the hostage incident at USP Allenwood from August 29, 2000. Trial
is scheduled for May 1, 2001.
VEL AND LEAVB SCHEDULE FOR APRIL 2001:

Travel: 4/24 - FeI Fort Dix (Jurisdiction meeting)
Annual Leave: 4/16-4/18·
Travel - None Scheduled
Annual Leave - 4/13
Travel - Med/Leg Training FMC Butner 4/23-4/27
Annual Leave --None Scheduled
Travel - None Scheduled
Annual Leave - March 9-13

C:.- ,

Travel ~ 4/16-4/19 Jekyll Island, PIg 1 ,Training
Seminar Workgroup
Annual Leave - 4/20, 23
Travel - None Scheduled
Annual Leave - 4/30 - 5/4
Travel - None Scheduled
Annual Leave - None scheduled
Travel - None Scheduled
Annual Leave - None Scheduled

E: Welcome:
•

I '"\

1'\

4085

I lI .. l :

u.s. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
U.S. Custom House
2nd &: Chestnut Streets
Philadelphia. PA. /9/06

May 21, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - April 2001

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149

FEB
149
232
142
239
0

B. Administrative Tort

MAR
239
202
251
190

APR MAY JUN JUL AUG SEP OCT NOV DEC
190
185
190
185

Cla~s

- 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 335 354 343 353
Rec'd in month 93 90 81 86
3
4 11
1
Recons. rec'd
Ans'd in month 77 105 82 84
Pending at End 354 343 353 355
0
0
0
0
Over 180 days
C. Tort Claim Investigation Status:
Pending
Over 60 days

As of April 30, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL RBK SCH
4
18 24
8 14
3 10 14
3
13
2
4
16
5
4
4
6
6 \
4
7
8
3
0
0
1
1
0
3
0
0
0
0
0
0
1
2
"

4086

2
",

(

D. FOI/Privacy Act Requests
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
OVer 20 days

JAN
46
44
70
20
2*

2001

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
20
51 23
77 54
64
33 105 47
51
23 30
0 0
5*

* Note: Archived records.
E. FOIA Requests for records:

As of April 30, 2001

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

Pending
0
1
4
1
1
2
>20 days· 0
o· 0
0
0
0
*Note all are archived records

II.

1
0

0
0

9
0

o·

1
0

0
0

1
0

2
0

1
0

2
0

0
0

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

"A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400 401 398 400
11 14 11 10
5
6
7
8
0
1
2
1
3
3
4
1
0
0
1
1
0
0
2
1
9
8
10 17

B. SIGNIFICANT LITIGATION MATTERS:
1) Brady v. Hawk, Civ No. 97-2515 (D.N.J.) - On April 26, 2001, tht
Court dismissed this action filed by current Fer Schuylkill inmate
Duane Brady, 06648-067, who alleged that while at FCr Fort Dix he We
exposed,to asbestos both during his work assignment and housing
~
assignment. The Court held that the inmate's exclusive remedy was tht
Inmate Accident Compensation Act and he had not properly exhausted
this remedy. The case had generated a great deal of discovery
material.
C. HEARINGS/TRIALS: -

I} United States v. Latimore, (4:CR-00-0331) - Inmate Edward Latimore,
33260-060, is charged in the hostage incident at USP Allenwood from
August 29, 2000.
The Court denied, a.fter numerous days of testimony,

4087

the Defendant's motion to suppress his confession. Supervisory
Attorney Advisor Michael Sullivan assisted the AUSA.
Trial
tentatively scheduled for August 2001.
.

2) United States v. Mercado, Crim No. (SONY) On April 3, 2001, a hearing was held
regarding the $entencing of Oamaso Mercado, 12353-054, who was placed at MCC New York
on March 19, 2001, because he violated supervised release (failed numerous drug tests). The
inmate was found to have a medical condition in advance stages, which is also drug resistant.
In order to facilitate his move to a medical center, we requested the AUSA to try to expedite
the sentencing; all parties agreed. MCC New York medical staff testified at the sentencing to
explain the inmate's medical condition and the care the BOP can provide at a Federa1 Medical
Center. The defendant received a 7 ~onth term (the balance of his supervised release time).
The court recommended the defendant be placed at a facility where he can receive adequate
care. His designation was expedited to FMC Rochester. MCC NY Attorney Andrea Girolamo
assisted the AUSA.

D. RELXGIOUS CASES:
1) Ash-Bey v. Fauntleroy, et. al., 98-1447 (DNJ)
FC! Fort Dix inmate alleged violation of RFRA occurred when he was not ( ....
allowed to wear his religious headwear on the compound. In April, the
Court dismissed the case. Private counsel represented the individual
.
defendants.
~
E. ENSIGN AMENDMENT CASES: -No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

v. Kenney, 4:CR-99-0280 (MDPA) - USP Allenwood inmate
.
05238-041 is c~arged with assaulting a unit manager by punching him in
the face. Trial is scheduled to begin on May 22, 2001.

~VEL AND LEAVE

SCHEDULE

FO~

MAY 2001:

Travel: 5/10 - H~rtford, CT - Bureau Training for
USPOs for Connecticut and Rhode Island
5/22-26 - Sentencing Training - MSTC
t)l9
Annual Leave: None
i

Travel - 5/9, 5/14-16 - MOC Brooklyn
Annual Leave - 5/11
4
\

4088

u.s. Department of Justice
Federal Bureau of Prisons

Northeast Regional Office
V.S. CII.fiW", Hllust
2nd & Cht.f"'''' Strttls
Pilillldtlpilill. PA. 19106

June 21, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - May 2001

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

(

A. Administrative Remedies - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR
239
202
251
190
0

APR
190
185
190
185

MAY JUN JUL AUG SEP OCT NOV DEC
185
223
189
219
0
0

B. Administrative Tort Claims - 2001
.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC .
Pending on 1st 335 354 343 353 355
Rec'd in month 93 90 81 86 81
4 11
Recons. rec'd
3
1
4
Ans'd in month 77 105 82 84 78
Pending at End 354 343 353 355 362
Over 180 days
o o 0 0 0
c. Tort Claim Investigation Status:

As of May 31, 2001 .

ALF ALM ALP ALW BRO DAN DEV ELK FAr FTD LEW LOR MCK NYM OTV PHL RBK SCH
Pending

If{

2l>

1-1

1-;

Over 60 days

4112

2 (.

2
,.

D. FOI/Privacy Act Requests
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

2001

FEB MAR APR
20
51 23
64
77 54
33 105 47
51
23 30
5*
0 0

MAY JUN JUL AUG SEP OCT NOV DEC
30
71
81
20
3*

* Note: Archived records.
E. FOIA Requests for records:

As of Nay 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK rA!

Pending
1
>20 days* 0

2
0

0
0

2
1

3
0

2
0

F'Tfl i.Et-J LOR MCK NYM OTV PHL RBK SCH NER

(1,.

(;

2
0

1
0

0
0

+Note all are archived records

II.

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT

(l, ..,. .

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400 401 398 400 402
11 14 11 10
9
7
8
5
6
5
2
1
1
0
0
1
4
3
3
4
0
0
0
1
1
0
0
0
1
2
17
10
9
9
8

B. SIGNIFICANT LITIGATION MATTERS:
1) Robbie v: Shearjn, Civil No. Ol-167J(WDPA) - On May 24, 2001,
FCl Loretto inmate Joseph Robbio, 02890-020, filed a request for an
emergency hearing concerning his continued designation at Fel Loretto.

The United States Magistrate Judge scheduled an emergency hearing in
part because the inmate also alleged he had been threatened with a
knife by another inmate and he feared for his safety. He was seeking
an immediate transfer to a minimum security facility or camp. At the
June 5, 2001 hearing, the Judge treated the request as one for
injunctive relief and insisted the inmate to agree to pay the $150.00
filing fee. He also allowed the inmate to present new evidence, all
of which dealt with issues concerning other inmates, not himself. The
complaint was dismissed for failing to exhaust Administrative
Remedies. CLC NER Assistant Regional Counsel Roberta Truman assisted
the AUSA in witness preparation and at trial.
c. HEARINGS/TRIALS: -

4113

(

See above
D. RELIGIOUS CASES : No new activity
E. ENSIGN AMENDMENT CASES: -No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
TRIAL:

. v. Kenney, 4:CR-99-0280 (MDPA) - USP Allenwood inmate John C. Kenney,
05238-041 was charged with assaulting a unit manager by punching him
in the face, resisting arrest, and possession of a weapon.
On
Wednesday, May 30, 2001, the 5 ~ day trial concluded. On June 4,
2001, the jury found inmate Kenney not guilty by reason of insanity of
assaulting the USP Allenwood Unit Manager and not guilty of resisting
staff. The jury did find inmate Kenney guilty of possession of a
weapon.
Although USP Allenwood staff did an outstanding job refuting
inmate Kenney's mental health defense, it appears as though the jury
believed that he did in fact suffer from a mental defect.
FCC
Allenwood Supervisory Attorney Mike Sullivan actively assisted the
AUSA in all stages of the trial.
States V

Bjp I,adep, 98 Cr. 1023 (SONY) - On May 29, 2001, the all fou(
Bin Laden defendants" were found guilty on 302 counts of murder. THe
death penalty phase immediately began for defendants Al-'Owhali and K.
Mohammed.
On June 12, 2001, the jury decided against imposing the
death penalty on defendant Al'Owhali. The sentencing phase of the
case continues.

ERRALS:
6 referrals (4 possessions of a weapon, 2 inmate on
inmate assault)
4 referrals (1 attempted introduction of narcotics
Allenwood:
(discovered via telephone monitoring), 1 assault on
staff (minor), 2 inmate on inmate assaults)
1
referral (inmate on inmate assault)
I Allenwood:
1 referral for threatening over the phone.
Allenwood:
1 referral (inmate, while being escorted, assaulted
Lewisburg:
officer with feces)
Allenwood:

VEL AND LEAVE SCHEDULE FOR JUNE 2001:
Travel: None Scheduled
Leave: June 18, June 28 - July 6.
Trave l - OGC, DHO Workgroup - June 5;

4114

U.S. Departtneot of Justice

Federal Bureau of Prisons

Nonheast Regional Office
U. s. Custom House
2nd & Chestnut Streets
Philadelphia, PA. 19106

August 24, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - June and July 2001

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR
239
202
251
190
0

APR
190
185
190
185
0

B. Administrative Tort Claims
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN
335
93
3
77
354
0

MAY JUN JUL AUG SEP OCT NOV DEC

185
223
189
219
0

219
210
228
201
0

201
205
210
195
0

2001

FEB MAR APR MAY
354 343 353 355
90 81 86 81
4 11
1
4
105 82 84 78
343 353 355 362
0
0
0
0

JUN JUL AUG SEP OCT NOV DEC
362 343
90 78
3
4
113 82
343 342
0
0

C. Tort Claim Investigation Status:

As of July 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL RBK SCH
Pending
Over 60 days

2
0

15
1

9
1

1
0

18
0

5
0

9
0

14
3

4153

9
0

14
3

4
0

0
0

6
0

5
0

0
0

1
0

7
0

4
1

(

D. FOI/Privacy Act Requests - 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
51 23 30 20 47
Pending on 1st 46 20
77 54 71 72 82
Rec'd in month 44 64
Ans'd in month 70 33 105 47 81 45 84
23 30 20 47 45
Pending at End 20 51
0 0
3* 2* 3*
Over 20 days
2* 5*
* Note: Archived records.
E. FOIA Requests for records:

As of July 31, 2001

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

Pending
2
1
4
1
4
1
>20 days* 0
0
0
0
2* 0
*Note all are archived records

II.

5
1*

3
0

2
0

1
0

6
0

1
0

3
0

1
0

3
0

2
0

1
0

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
400 401 398 400 402 402
9 10
11 14 11 10
5
7
5
6
8
8
0
0
0
1
2
1
3
3
1
4
4
2
0
0
0
0
1
1
0
0
1
2
0
0
10 17
9
9
20
8

(

B. SIGNIFICANT LITIGATION MATTERS:
Smith v. DOJ, No. 00-5211 (D.C. Cir. June 12, 2001) - In this FOIA case, the Court of
Appeals for the D.C. Circuit reversed the district court and ordered the government to produce
recordings of an inmate's monitored telephone calls with an attorney. The district court upheld
the Bureau's application of exemption (b )(3) to the recordings. Our position was that the
recording fell within the provision of Title III (the wiretap statute) and disclosure was
permissible only under 18 U.S.C. § 2517 of that Act. The Court of Appeals recognized that
Title III is a statutory scheme which satisfies exemption (b )(3), and so recordings covered by
Title III need not be disclosed under FOIA. However, the court held that the Bureau
recordings were made pursuant to an exception to Title III, and therefore were not covered by
Title III at all. Thus, the court reasoned discovery is not governed by 18
1)

1. .

4154

(

U.S.C. § 2517. DOJ decided not to pursue further appellate review: The FOIA Branch is
assessing other exemptions and practical methods to address future FOIA requests for such
tapes.

HEARINGS/TRIALS: -

U.S. v. Vince Davis, Criminal No. 01-940 (SONY) - On June 1, 2001, Judge Griesa held a
hearing concerning the medical care of an MDe Brooklyn inmate. MOe BRO Medical Officer
Dr. Francin provided testimony concluding that the inmate had received adequate medical
care and medication for his sickle-cell anemia condition. Dr. Francin's testimony convinced
the Court that Davis was receiving adequate care for his condition, and the Court was assured
that if Davis in fact suffered from a sickle-cell attack. he would be hospitalized at a local
hospital. The Judge noted he was not going to interfere in the medical and administrative
decisions of the MOC since they do an admirable job of caring for inmates. Attorney Les
Owen assisted at the hearing.
1)

2) U. S. v. Joseph Watts, Criminal No. 01-011 (EDNY) - On July 3, 2001, a hearing was held
before Judge Trager in response to a court order that the MDC not wake the pretrial detainee
prior to 6:30 a.m. on days of the trial. The judge issued the order after defense counsel stated
that Watts was awaken too early and was too tired to participate in his own defense. The
AUSA asked the judge to vacate the order and offered to transfer Watts to MCC New York
where he would be allowed to sleep later due to a different movement schedule of USMS
inmates. The court agreed to vacate the order and seemed satisfied by the compromise.
However, defense counsel objected on the grounds that Watts was more comfortable in M·De
Brooklyn and opted to have the inmate remain in MOC Brooklyn and get up early. The Court
vacated the order, but asked that the US Attorney's Office and the Bureau of Prisons review
the procedures used to get inmates to court on time.

3) Monsalve v. Parks. et aI., 01 Civ. 6010 (SONY) On July 3, 2001, Bivens plaintiff, Juan
Monsalve, 58156-053, requested an Order to Show Cause why he should not be removed
from administrative detention at Mec NY. He was placed in SHU based on his possession of
escape paraphernalia (a dummy). On July 12, 2001, Judge McKenna held a hearing. Attorney
Andrea Girolamo attended the hearing. On July 16, 2001, Judge McKenna issued a
Memorandum and Order denying plaintiff's motion, based on the fact that he has not
exhausted his administrative remedies.

4 )United States v. Jaime Lara, 98-CR-1164 (SONY) - On July 13, 2001, Judge Berman
granted an emergency hearing to address a motion filed by the attorney for MeC NY inmate
Jaime Lara, 44680-054, alleging that

Lara reported experiencing severe abdominal pain and blood in his urine, and that MeC
personnel failed to address his condition. Defense counsel had called the Legal Department
the day prior to articulate his concerns. In response, Health Services was notified and the

4155

inmate was examined that evening. He was found to be in no acute distress, and blood and" .
urine were drawn for immediate testing. Senior Staff Attorney Les Owen informed the Court
the actions taken by MCC personnel, and provided assurances that Lara's medical needs "
would be met. The Court was satisfied with MCC's efforts and suggested that Defense
counsel follow up the situation with the MCC Legal Department the following week.

S) United States v. Davis, Crim No. 00... 10124(0. Mass) On July 16, 2001, I attended a
post-sentencing hearing ordered by Judge Woodlock to discuss the Medical Designation's
decision to not follow the court's recommendation for direct court commitment to a community
corrections center for service of the 15-month sentence. The Judge was particularly
concerned that the AUSA wrote ~ letter to the Bureau disagreeing with the Court's
recommendation. The court requested that the person making the deSignation attend the
hearing .. Dr. Cary Mack from Medical DeSignation made the decision to designate the inmate
to an institution instead of to a CCC. Dr. M'ack did a fine job in testifying how he reached is
decision. Atter direct questioning from the court, the court was satisfied that Dr. Mack was not
privy to the letter from the AUSA. NER Designator Tom Washburn also testified on general
issues concerning designations. After the hearing, the court was disturbed that the position of
the AUSA did not include the court's view that the prior record'of Mr. Davis was over ten years
old and did not truly reflect his present status. The court asKed the Bureau to reconsider its
designation in light of this information. I attended the hearing and agreed to submit the' court's
views for reconsideration.
.
6) Sully-Martinez v. Dr. Glover. et al.. 00 Civ. 5997 (SONY) - MCC NY inmate Sully-Martinez, #)
45682-004, claims deliberate indifference to his medical needs based on the claim that he (
should have received a skin graft for a fissure on his right middle finger, injured while working -, "
at UNICOR in 1992. On July 18, 2001, there was a status conference before Judge Lynch at
which the pro se plaintiff attended. Judge Lynch attempted to explain the applicable law to
Sully-Martinez, and expressed doubt that the actions taken by the MCC could arise to the level
of deliberate indifference. Judge Lynch stated that it appeared that the MCC had provided
quite extensive medical care to the inmate and reminded the inmate that doctors are only
doctors. not umiracle workers. It The court set an expedited schedule for the filing of remaining
documents on the summary judgment motion. We anticipate a prompt decision. Andrea
Girolamo attended on behalf of the MCC.

7) United States v. Agnew, CR-93-435 (EDNY) - FMC Rochester inmate David Agnew,
#51461-053, wrote Judge Platt, his sentenCing Judge, complaining of various inadequacies
concerning his medical care. Agnew t who suffers chronic back pain associated with a bodysurfing injury in 1985, was part of a clinical trial for an experimental pain relief drug, Ziconotide,
prior to his incarceration. Using his medical condition, Agnew had successfully delayed his
sentencing for nearly three years. On February 3,2001, Agnew was sentenced to 5 years in
prison for his role in a large-scale drug distribution ring. The Bureau had attended a number
of hearings prior to the actual sentencing. After clearance through Health Services Division,
the Bureau agreed to the following three requests from the Judge: (1) that Agnew be

4156

(

designated to FMC Rochester for initial commitment and evaluation; (2) that he be allowed to
remain on his experimental medication for 30 days (he was to report with a 3~-day supply in
his intrathecal pump); and (3) that the Bureau of Prisons would make application to the drug
company to continue Agnew in the clinical trial for Ziconotide. The Bureau complied with each
of these requests.
Judge Platt held hearings on July 30 & 31,2001, to address what he considers the Bureau's
failings to abide by his "order." Judge Platt believes that the BOP agreed to keep Agnew on
the Ziconotide (which is not supported by the record). At the previous hearings, Judge Platt
had specifically recognized the right of the Bureau's treating physicians to make the
determination as to what course of treatment would be medically appropriate for Agnew. At
the hearings, Judge Platt repeatedly threatened to release Agnew if he was not put back on
the Ziconotide immediately. Medical records revealed that the inmate was evaluated by the
Mayo Clinic, University of Minnesota at Rochester, and FMC Rochester each of whom had
determined that the medication was not effective in pain relief for the inmate. Judge Platt
indicated that he wants a written submission by the inmate's former physician (who was
administering the clinical trial), as to whether or not he believes the inmate should continue on
the Ziconotide. The court will give the Bureau an opportunity to respond, and hold a fullfledged hearing, with witness testimony, if necessary. He did not set any dates for either
submission.
Senior Staff Attorney Les Owen assisted the AU SA at the hearings, with significant telephonic
and documentary assistance from FMC Rochester's Attorney Mary Benning, Associate
Warden Dave Good, and Staff Physician Fred Roberson. All three were standing by, via
telephone, during both hearings in case the Judge wished to hear from them.

4157

D. RELIGIOUS CASES: No new activity
E. ENSIGN AMENDMENT CASES: -No new activity .
III. CRIMINAL REFERRALS/PROSECUTIONS / TRIALS:
TRIAL:
ted States v. Bin Laden, 98 Cr. 1023 (SDNY) - On May 29 , 2001, the all four "Bin Laden defendants"
were found guilty on 302 counts of murder. The death penalty phase immediately began for
defendants AI-'Owhali and K. Mohammed. The jury decided against imposing the death
penalty on either of these two defendants. MCC New York staff testified
concerning the attack by K. Mohammed on Officer Pepe.
ERRALS:
Brooklyn:
Lewisburg:

2 referrals (2 inmate on staff assaults)
1 referral (29 inmates involved in large scale
incident on June 26, 2001)
Elkton: .
1 referral (escape of two inmates)
Fort Dix:
5 referrals (4 inmate on staff, 1 inmate forgery)
"C!w York:
2 referrals (1, inmate assault on staff, 1 introducti on of
.ontraband (marijuana)

(

VEL AND LEAVE SCHEDULE FOR AUGUST 2001:
Travel: Prisoner Litigation Seminar August 14 & 15,
USP LEW /FCC ALW August 16
Annual Leave: August 20 -2 4, 2001
Travel - None Scheduled
Leave - None Scheduled
Travel - Prisoner Litigation Seminar - August 13-17
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - Legal Liaison training,
Annual Leave - August 29 - 31
~ None Scheduled
Leave - None Schedules

Travel - FOI Re t reat August 14 -1 6
Annual Leav e - None Scheduled

4158

FCI Danbury - Augusc

U.S. Department of Justice

(

Federal Bureau of Prison:;

Northeast Regional Office

u.s. Outom House
2nd & Chestnut Streets

Philodelphia, PA. 19106

August 24, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/<3ENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - June and July 2001

I. ADMINISTRATJ:VE LEGAL ACTIVITIES - SUMMARY REPORT

(

A. Administrative Remedies - 2001
Pending on 1st
Recld in month
Ansld in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR
239
202
251
190
0

APR
190
185
190
185
0

MAY
185
223
189
219
0

JUL AUG SEP OCT NOV DEC
201
205
210
195
0

JUN
219
210
228
201
0

B. Administrative Tort Claims - 2001
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 335 354 343 353 355 362 343
Rec'd in month 93 90 81 86 81 90 78
Recons. rec'd
3
4 11
1
3
4
4
Ans'd in month 77 105 82 84 78 113 82
Pending at End 354 343 353 355 362 343 342
Over 180 days
0
0
0
0
0
0
0

C. Tort Claim Investigation Status:

As of July 31, 2001

ALF ALM ALP ALW BRa DAN DEV ELK FAI FTD LEW LOR MCK NY~ OTV PHI RBK SCH
Pending

Over 60 days

4128

D. FOI/Privacy Act Requests - 2001

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

46
44
70
20
2*

30
71
81
20
3*

20
51 23
77 54
64
33 105 47
51
23 30
0 0
5*

20
72
45
47
2*

47
82
84
45
3*

* Note: Archived records.
As of July 31, 2001

E. FOIA Requests for records:

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MCK NYM OTV PHL· RBK SCH HER

Pending
2
>20 days* 0

1
0

4
0

1
0

4
2*

1
0

5
1*

3
0

2
0

1
0

6
0

1
0

3
0

1
0

3
0

2
0

1
0

*Note all are archived records

II.

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT
"

(

\"'""

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NJV DEC
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

400 401 398 400 402 402
11 14 11 10
9 10
7
8
5
5
8
6
0
0
1
2
1
0
3
1
4
3
2
4
0
0
1
1
0
0
0
0
1
0
2
0
20
10 17
9
8
9

B. SIGNIFICANT LITIGATION MATTERS:
1) Smith v. DOJ, No. 00-5211 (D.C. Cir. June 12, 2001) - In this FOIA caSEt, the Court of
Appeals for the D.C. Circuit reversed the district court and ordered the government to prodJce
recordings of an inmate's monitored telephone calls with an attorney. The clistrict COL rt uplleld
the Bureau's application of exemption (b )(3) to the recordings. Our position was that :he
recording fell within the provision of Title III (the wiretap statute) and discloslJre was
permissible only under 18 U.S.C. § 2517 of that Act. The Court of Appeals -ecognizej tha':
Title III is a statutory scheme which satisfies exemption (b)(3), and so recordings'covered by
Title III need not be disclosed under FOIA. However, the court held that the Bureau
recordings were made pursuant to an exception to Title III, and therefore WE!re not cOllered by
Title III at all. Thus, the court reasoned discovery is not governed by 18

4129

3
U.S.C. § 2517. OOJ decided not to pursue further appellate review. The FOIA Branct is
assessing other exemptions and practical methods to address future FOIA rE~quests for suc,
tapes.

C. HEARINGS/TRIALS: 1) U.S. v. Vince Davis, Criminal No. 01-940 (SONY) - On June 1, 2001, Jud"e Griesa leld .~
hearing concerning the medical care of an MOC Brooklyn inmate. MOC BR() Medical Officer
Dr. Francin provided testimony concluding that the inmate had received adequate meclical
care and medication for his sickle-cell anemia condition. Dr. Francin's testirrlony conv nced
the Court that Davis was receiving adequate care for his condition, and the C;ourt was assu -ed
that if .Davis in fact suffered from a sickle-cell attack, he would be hospitalized at a lOCi II
hospital. The Judge noted he was not going to interfere in the medical and ndministra live
decisions of the MOC since they do an admirable job of caring for inmates. .~ttomey Les
Owen assisted at the hearing.

2) U. S. v. Joseph Watts, Criminal No. 01-011 (EDNY) - On July 3,2001, a hearing wcs hel::l
before Judge Trager in response to a court order that the MOC not wake the pretrial d 3tainl~e
prior to 6:30 a.m. on days of the trial. The judge issued the order after defense counsel stated
that Watts was awaken too early and was too tired to participate in his own defense. The
,., .
AUSA asked the judge to vacate the order and offered to transfer Watts to 1\1CC New York (
where he would be allowed to sleep later due to a different movement scheclule of USMS
", ..
inmates. The court agreed to vacate the order and seemed satisfied by the comprom see
However, defense counsel objected on the grounds that Watts was more comfortable in MDC
Brooklyn and opted to have the inmate remain in MDC Brooklyn and get up early. Thl~ COLIrt
vacated the order, but asked that the US Attorney's Office and the Bureau of Prisons 'evie\v
the procedures used to get inmates to court on time.

3) Monsalve v. Parks. et aI., 01 Civ. 6010 (SONY) On July 3, 2001, Bivens plaintiff, Juan
Monsalve, 58156-053, requested an Order to Show Cause why he should nl)t be remuved
from administrative detention at MCC NY. He was placed in SHU based on his 'possessior of
escape paraphernalia (a dummy). On July 12, 2001, Judge McKenna held Cl hearing. Attorney
Andrea Girolamo attended the hearing. On July 16, 2001, Judge McKenna issued a
Memorandum and Order denying plaintiff's motion, based on the fact that hu has not
exhausted his administrative remedies.
4 )United States v. Jaime Lara, 98-CR-1164 (SONY) - On July 13, 2001, Judge Berman
granted an emergency hearing to address a motion filed by the attorney for MCC NY nma1e
Jaime Lara, 44680-054, alleging that

4
Lara reported experiencing severe abdominal pain and blood in his urine, and that MGC
,
personnel failed to address his condition. Defense counsel had called the Legal Department (
the day prior to articulate his concerns. In response, Health Services was n::>tified and the
"

4130

('
...)

inmate was examined that evening. He was found to be in no acute distress, and blood and
urine were drawn for immediate testing. Senior Staff Attomey Les Owen infclrmed the Court of
the actions taken by MCC personnel, and provided assurances that Lara's medical neuds
would be met. The Court was satisfied with MeC's efforts and suggested thut Defense!
counsel follow up the situation with the MCC Legal Department the following week.
5) United States v. Davis, Crim No. 00-10124(0. Mass) On July 16,2001, I attended a
post-sentencing hearing ordered by Judge Woodlock to discuss the Medical Designati In's
decision to not follow the court's recommendation for direct court commitment to a cor1mur ity
corrections center for service of the '15...month sentence. The Judge was palticularly
concerned that the AUSA wrote a letter to the Bureau disagreeing with the Court's
recommendation. The court requested that the person making the designation attend the
hearing. Dr. Cary Mack from Medical Designation made the decision to designate the inmate
to an institution instead of to a eec. Dr. Mack did a fine job in testifying hOYl he react ed is
decision. After direct questioning from the court. the court was satisfied that Dr. Mack was not
privy to the letter from the AUSA. NER Designator Tom Washburn also testified on gf.neral
issues concerning designations. After the hearing. the court was disturbed that the pc sitior. of
the AUSA did not include the court's view that the prior record of Mr. Davis 'lIas overtnn years
old and did not truly reflect his present status. The court asked the Bureau to reconsider itfi
designation in light of this information. I attended the hearing and agreed to submit thEI coul1's
views for reconsideration.

~,.

~nez v. Dr. Glover. et at. 00 Civ. 5997 (SONY) ... MCC NY inmat'9

~aims deliberate indifference to his medical needs

'"..1

based on thEI claim thEit he ~fE
should have received a skin graft for a fissure on his right middle finger, injUl·ed while '\lorking
at UNICOR in 1992. On July 18,2001. there was a status conference before Judge Lynch at
which the pro se plaintiff attended. Judge Lynch attempted to explain the applicable 'ilW to
Sully-Martinez, and expressed doubt that the actions taken by the MCC cou d arise to the II~vel
of deliberate indifference. Judge Lynch stated that it appeared that the MC(~ had proHided
quite extensive medical care to the inmate and reminded the inmate that do,~tors are only
doctors, not "miracle workers!' The court set an expedited schedule for the filing of rE maining
documents on the summary judgment motion. We anticipate a prompt dech;ion. Andrea
Girolamo attended on behalf of the MCC.

~~...:.:...!.~II:'~':Ci. CR-93-435 (EDNY) - FMC Rochester inmate

,
\01
wrote Judge Platt, his sentencing Judge. complaining of varloL s inadeqL acieH
concerning his medical care. Agnew. who suffers chronic back pain associElted with EI bodlsurfing injury in 1985. was part of a clinical trial for an experimental pain reli13f drug, Z conotide,
prior to his incarceration. Using his medical condition, Agnew had successf Jlly delayud hi!i· .
sentencing for nearly three years. On February 3. 2001, Agnew was senter ced to 5 rears in
prison for his role in a large-scale drug distribution ring. The Bureau had attended a f1Umb9r
of hearings prior to the actual sentencing. After clearance through Health Services 0 vision.
the Bureau agreed to the following three requests from the Judge: (1) that I\gnew be

4131

designated to FMC Rochester for initial commitment and evaluation; (2) that he be allcwed:o ('.'
remain on his experimental medication for 30 days (he was to report with a 30-day su~ply iu
,
his intrathecal pump); and (3) that the Bureau of Prisons would make appliccltion to the, drun
company to continue Agnew in the clinical trial for Ziconotide. The Bureau cJmplied '" ith each
of these requests.
Judge Platt held hearings on July 30 & 31,2001, to address what he considors the Bureau's
failings to abide by his "order." Judge Platt believes that the BOP agreed to keep Agnew 011
the Ziconotide (which is not supported by the record). At the previous hearings, JUdgE! Platt
had specifically recognized the right of the Bureau's treating physicians to make the
determination as to what course of treatment would be medically appropriatEt for Agne N. At
the hearings, Judge Platt repeatedly threatened to release Agnew if he was not put be ck on
the Ziconotide immediately. Medical records revealed that the inmate was evaluated I>y thu
Mayo Clinic, University of Minnesota at Rochester, and FMC Rochester each of who", had
determined that the medication was not effective in pain relief for the inmate. Judge P att
indicated that he wants a written submission by the inmate's former physician (who WetS
administering the clinical trial), as to whether or not he believes the inmate should continue on
the Ziconotide. The court will give the Bureau an opportunity to respond, and hold a f JIIfledged hearing, with witness testimony, if necessary. He did not set any dates for eit ier
submission.
Senior Staff Attorney Les Owen assisted the AUSA at the hearings, with sig1ificant te ephcnic
and documentary assistance from FMC Rochester'S Attorney Mary Benning Associat 9
Warden Dave Good, and Staff Physician Fred Roberson. AJI three were standing by, via
(
telephone, during both hearings in case the Judge wished to hear from thenl.
~.,
I

4132

(

D. RELIGIOUS CASES: No new activity
E. ENSIGN AMENDMENT CASES: -No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
TRIAL:
ted States v. Bin Laden, 98 Cr. 1023 (SONY) - On May 29,2001, the all four "Bin Lade,n defendants"
were found guilty on 302 counts of murder. The death penalty phase immediately be!lan f(or
defendants AI-'Owhali and K. Mohammed. The jury decided against imposing the de1lth
penalty on either of these two defendants. MCC New York staff testified
concerning the attack by K. Mohammed on Officer Pepe.
ERRALS:
Brooklyn:
Lewisburg:

(

2 referrals (2 inmate on staff assaults)
1 referral

(29 inmates involved in large scale
incident on June 26, 2001)

1 referral (escape of two inmates)
Elkton:
5 referrals (4 inmate on staff, 1 inmate forgery)
Fort Dix:
2 referrals (1, inmate assault on staff, 1 introduction oE
'C!W York:
.ontraband (marijuana)

VEL AND LEAVE SCHEDULE FOR AUGUST 2001:
Travel: Prisoner Litigation Seminar
USP LEW/FCC ALW August 16
Annual Leave: August 20-24, 2001

AU~ ' ust

14 & 1!

...............
Travel - None Scheduled
~Leave - None Scheduled
Travel - Prisoner Litigation Seminar - August 13-17
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - Legal Liaison training, FCr Danbury . Aucjust
27 -2

Annual Leave - August 29-31
Travel - None Scheduled
Annual Leave - None Schedules
Travel - FOI Retreat August 14-16
Annual Leave - None Scheduled

4133

U.S. DEPARTMENT OF ,UmCE

(

Federal Bureau of Prisons

US. tWJIPM IIDUII
1N"tIlllfHUTI7III1J

""WIlIHI4 M '''01

October 10, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - August/September 2001

A. Administrative Remedies - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149

FEB
149
232
142
239
0

MAR
239
202
251
190
0

APR
190
185
190
185
0

MAY
185
223
189
219
0

JUN
219
210
228
201
0

JUL
201
205
210
195

AUG
195
193
206
182
0

SEP OCT NOV DEC
182
173
172
183

B. Administrative Tort Cl.aims - 2001

JAN FEB MAR APR MAY JUN JUL
Pending on 1st 335 354 343 353 355 362 343
Rec'd in month 93 90 81 86 81 90 78
3
Recons. rec'd
3
4 11
1
4
4
Ans'd in month 77 105 82 84 78 113 82
Pending at End 354 343 353 355 362 343 342
o o 0 0 0 0 ·0
Over 180 days
C. Tort Claim Investigation status:
Pending
Over 60 days

AUG SEP OCT NOV DEC
342 340
101 59
7
9
110 89
340 319
0

As of September 30, 2001

ALF ALM ALP ALW BRO CAN CEV ELK FAI FTC LEW LOR MeK NYM OTV PHL RBK SCH
1
8
7
1 27
5
11 13 4 20
10 2
3 18
3
2
8
2
0
3
1
0
1
0
5
1 0
1
0 0
0
2
0
0
0
0

4474

(

D. FOI/Privacy Act Requests - 2001

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR
51 23
20
77 54
64
33 105 47
23 30
51
0 0
5*

MAY
30
71
81
20
3*

JUN

20
72
45
47
2*

JUL
47
82
84
45
3*

SEP OCT NOV DEC
18
75
51
42
0

AUG
45
56
83
18
0

* Note: Archived records.
E. FOZA Requests for records:

As of September 30, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL RBK SCH NER
Pending
1
4
1
1
2
4
5
1
2
7
3
1
2
1
0
2
1
4
0
>20 days* 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
*Note all are archived records

II.

LZ~ZGA~ZON ACTJ:VJ:~Y

- 2001 NORTHEAST REGION

A. SUMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY (JON JOL)AUG SEP OCT NOV DEC
402
392 392
400 401 398 400 402
10
10
3
9
11 14 11 10
7

1
1
1

2
4

100
334

o
o

B • SIGNl:FlCANT LITZGATZON

o
o

6
1
3
0
0

o
o

!G.~TERS:

1) Tully v. Hasty and Rementer, 00-CV-5856 (E.D.N.Y.)
Tully v. BOP, OO-CV-5366 (E.D.N.Y.)
Former employee alleged violations of the Privacy Act and Bivens
claims stemming from actions taken by supervisors to require Plaintiff
to return from work and curb military absences. The Court ruled that
the Civil Service Reform Act precludes jurisdiction over Plaintiff's
Bivens claims. Some of Plaintiff's Privacy Act claims were barred by
a prior settlement agreement. The rest were dismissed as' Plaintiff's
suit was deemed to have constructively waived his privacy interests in
the documents in question.

4475

(

2) Chilingirian v. Ellis, et.al.
Civ No.
(WDPA)
On August 23, 2001, a telephonic hearing was held regarding the
Petitioner's Motion for a Temporary Restraining Order in which he
requested to be free of retaliation for his filing in June 2001 in
which he requested an immediate furlough to attend his son's wedding.
The Magistrate Judge recommended denying the motion as it is an
extraordinary remedy and the allegations w~re speculative.
C. IIEARDlGS/TRIALS: -

1) Cuoco v. Luther. et.al. 95-330 (Erie) (WDPA)
This Bivens case is scheduled for a two week trial in the Western
District of Pennsylvania beginning on October 15, 2001. The
Plaintiff, inmate John Cuoco, Reg. No. 80894-054, names 18 defendants
and alleges that during October 1993, while housed at FC! McKean,
staff failed to protect him from being the victim of a sexual assault.
·Assistant u.s. Attorney Paul Skirtich is representing the defendants.
James Vogel, Paralegal Specialist, NER, will assist at trial.
D. RELIGIOUS CASBS:

(

Toulouse et aI, v. U.S., et aI, OO-CV~4840 (JAP) (D.N.J.) RFRA case
filed by three former FC! Fort Dix alleging religious services staff
interfered with proper sweat lodge ceremonies. Case dismissed as
Plaintiff's withdrew complaint. Private counsel appeared for
Defendants.
B. ENSIGN AMENDMEN!r CASBS: -

Wolf. et ale v. Reno, 01-1869 (3d Cir) (Dist. ct. No. 978-408) (WDPA
March 2001) - This case was discussed in prior reports. Three inmates
at FC! McKean have requested injunctive type relief challenging the
application of the Ensign Amendment and the part of the Zimmer
Amendment which prohibits the showing of R, X, and NC-17 films. The
District Court granted the Government's motion to dismiss. The Court
found the Ensign and Zimmer amendments, and their implementing
regulations, to be neutral and reasonable, and rationally related to
penological interests. Oral argument is anticipated in January 2002.
III. CRIMINAL REFERRALS/PROSBCUTIONS/TRIALS:

TRIAL/SENTENCINGS:

u.s. v. Powers, Cr. No.
(D.N.J.)
On October 1, 2001, Inmate John J. Powers, 03220-028 was sentenced to
a consecutive term of 45 months for his escape from Fe! Fairton in May
1999.

4476

(
u.s.

v. James, Cr. No.
(M.D.PA.)
On September 13, 2001, former LSCI Allenwood Correctional Counselor
Mark James was sentenced to 18 months (which is above the guidelines)
and $4000 fine on three counts (Conspiracy to Receive Bribes and
Destroy Public Documents; Receipt of Bribes by Public Official; and
Destruction of Public Documents).

u.s. v. Latimore (4:CR-OO-0331) (M.D.PA.)- Inmate Edward Latimore,
33260-060, is scheduled to be sentenced on October 18, 2001 for the
hostage incident at USP Allenwood in August 2000.
REFERRALS:
MDC Brooklyn: 1 referral (Inmate on staff assault - pen)
USP Lewisburg: 3 referrals (Inmate on staff (liquid); inmate lunged at
DHO; Two inmates assaulted one inmate)
FCI Fort Dix: 2 arraignments for misdemeanor assault conducted on
military base before Magistrate Judge
FMC Devens:
1 referral - An inmate, in an outgoing, unsealed,
general correspondence letter placed in the unit
mailbox, admitted to his attorney that he had committed
a murder. He wrote that he had been arrested but never
convicted/charged. The admission was referred to the
U.S.· Attorney's Office for the District of Columbia,
who intends to prosecute.
!l'RAVBL AIm LEAVE SCBBDULE FOR OCroSER 2001:

Travel: MCC NY and MDC BRO - October 4
DOJ Attorney Interview Training - October 11
Attorney Supervisor's Training - Oct. 15-19
Annual Leave: None Scheduled
Travel - DOJ Attorney Interview Training - October 11
FMC Devens Staff Assist - October 22-24
Annual Leave - None Scheduled
Travel -Attorney Supervisor's· Training - Oct. 15-19
Annual Leave - None Scheduled
Travel - None Scheduled
Extended Annual Leave due to family medical issue
Travel - None Scheduled
Annual Leave - October 5-12 (Wedding/Honeymoon)
Travel - None Scheduled
Annual Leave - None Scheduled

4477

(

Travel
None Scheduled
Annual Leave - October 24-30
Travel - Cuoco Trial - Erie, PA October 13-26
Annual Leave - None Scheduled

(

U.S. DEPARTMENT OF JUSTICE

(
--

f ('........l
,.

deral Bureau of Prisons
Q.
'.

'RTHEAST RE'IONAl OFFICE

----------- ............_.........-.u.s. CUSTOM HOUSE
JND'CHESTNUTITREm
PHIlADElPHIA, PA. "'D.

October 10, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - August/September 2001

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

239
202
251
190
0

190
185
190
185
0

185
223
189
219
0

219
210
228
201
0

201
205
210
195
0

195
193
206
182
0

182
173
172
183
.0

B. Administrative Tort Claims - 2001
JAN FEB MAR APR MAY JUN JUL
Pending on 1st 335 354 343 353 355 362 343
Rec'd in month 93 90 81 86 81 90 78
Recons. rec'd
3
4 11
1
4
4
3
Ans'd in month 77 105 82 84 78 113 82
Pending at End 354 343 353 355 362 343 342
Over 180 days
0
0
0
0
0
0
0
C. Tort Claim Investigation Status:
Pending
Over 60 days

AUG SEP OCT NOV DEC
342 340
101 59
7
9
110 89
340 319
0
0

As of September 30, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAr FTD LEW LOR MCK NYM OTV PHL RBK SCH
1
0

8
3

7
1

1
0

27
1

4197

13
1

20
1

10
0

2
0

3
0

18
2

3
0

2
0

8
0

2
0

{

D. FOI/Privacy Act Requests - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR
20
51 23
64
77 54
33 105 47
51
23 30
0 0
5*

MAY
30
71
81
20
3*

JUN JUL AUG SEP OCT NOV DEC

20
72
45
47
2*

47
82
84
45
3*

45
56
83
18
0

18
75
51
42
0

* Note: Archived records.

E. FOIA Requests for records:

As of September 30, 2001

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

Pending
1
>20 days* 0

4
0

1
0

2
0

4
0

5
0

1
0

2
0

7
0

3
0

1
0

2
0

1
0

0
0

2
0

1
0

4
0

-0
0

*Note all are archived records

II.

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY (JUN JUL}AUG SEP OCT NOV DEC
402
392 392
400 401 398 400 402
10
10
3
11 14 11 10
9
8
5
6
8
6
7
5
2
0
0
0
0
1
1
1
2
3
3
2
3
4
4
1
1
0
0
0
0
0
0
1
1
0
0
0
2
0
0
0
1
820
10 18
10 17
9
9

(

B. SIGNIFICANT LITIGATION MATTERS:
1) Tull::::: v. Hast::::: and Rementer, 00-CV-5856
Tull::::: v. BOP, 00-CV-5366 (E.D.N.Y.)

(E.D.N.Y.)

Former employee alleged violations of the Privacy Act and Bivens
claims stemming from actions taken by supervisors to require Plaintiff
to return from work and curb military absences.
The Court ruled that
the Civil Service Reform Act precludes jurisdiction over Plaintiff's
Bivens claims.
Some of Plaintiff's Privacy Act claims were barred by
a prior settlement agreement. The rest were dismissed as Plaintiff's
suit was deemed to have constructively waived his privacy interests in
the documents in question.

4198

(
2) Chilingirian v. Ellis, et.al.
Civ No.
(WDPA)
On August 23, 2001, a telephonic hearing was held regarding the
Petitioner's Motion for a Temporary Restraining Order in which he
requested to be free of retaliation for his filing in June 2001 in
which he requested an immediate furlough to attend his son's wedding.
The Magistrate Judge recommended denying the motion as it is an
extraordinary remedy and the allegations were speculative.
C. HEARINGS/TRIALS: -

1) Cuoco y. Luther, et.al, 95-330 (Erie) (WDPA)
~C
This Bivens case is scheduled for a two week trial in the Western
bL
District of Pennsylvania beginning on October 15, 2001. The
Plaintiff, inmate John Cuoco, Reg. No. 80894-054, names 18 defendants
and alleges that during October 1993, while housed at FCl McKean,
staff failed to protect him from being the victim of a sexual assault.
Assistant u.s. Attorney Paul Skirtich is representing the defendants.
James Vogel, Paralegal Specialist, NER, will assist at trial.

D. RELIGIOUS CASES:
Toulouse et aI, v. u.s., et aI, 00-CV-4840 (JAP) (D.N.J.) RFRA case
filed by three former FCI Fort Dix alleging religious services staff
interfered with proper sweat lodge ceremonies. Case dismissed as
Plaintiff's withdrew complaint. Private co~nsel appeared for
Defendants.
.
E. ENSIGN AMENDMENT CASES: -

Wolf, et al. v. Reno, 01-1869 (3d Cir) (Dist. Ct. No. 978-408) (WDPA
March 2001) - This case was discussed in prior reports. Three inmates
at FCI McKean have requested injunctive type relief challenging the
application of the Ensign Amendment and the part of the Zimmer
Amendment which prohibits the showing of R, X, and NC-17 films. The
District Court granted the Government's motion to dismiss. The Court
found the EnSign and Zimmer amendments, and their implementing
regulations, to be neutral and, reasonable, and rationally related to
penological interests. Oral argument is anticipated in January 2002.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
TRIAL/SENTENCINGS:

u.s.

v. Powers, Cr. No.
(D.N.J.)
On October 1, 2001, Inmate John J. Powers, 03220-028 was sentenced to
a consecutive term of 4S months for his escape from Fcr Fairton in May
1999.

4199

(

u .s. v. James, Cr. No.

(M.D.PA.)
On SepterrUber 13, 2001, former LSCI Allenwood Correctional Counselor
Mark James was sentenced to 18 months (wh ich is above the guidelines )
and $4000 fine on three counts (Conspiracy to Receive Bribes and
Destroy public Documents; Receipt of Bribes by Public Official; and
Destruction of Public Documents ) .

u.s. v. Latimore (4:CR-00-0331) (M.D.PA.)- Inmate Edward Latimore,
33260-060, is scheduled to be sentenced on October 18, 2001 for the
hostage incident at USP Allenwood in August 2000 .
REFERRALS:
1 referral (Inmate on staff assault - pen)
MDC Brookl yn:
USP Lewisburg: 3 referrals (Inmate on staff (liquid); inmate lunged at
DHO; Two inmates assaulted one inmate)
2 arraignments for misdemeanor assault conducted on
FCI Fort Dix:
military base before Magistrate Judge
1 referral - An 'inmate, in an outgoing, unsealed,
FMC Devens:
general correspondence letter placed in the unit
mailbox, admitted to his attorney that he had committed
a murder. He wrote that he had been arrested but never
convic·ted/charged . The admission was referred to the
U.S. Attorney's Office for the District of Columbia, (.
who intends to prosecute.
TRAVEL AND LEAVE SCHEDULE FOR OCTOBER 2001:
Travel: MCC NY and MDC BRO - October 4
DOJ Attorney Interview Training - October 11
Attorney Supervisor's Training - Oct. 15-19
Annual Leave: None Scheduled
Travel - DOJ Att orney Interview Training - October 11
FMC Devens Staff Assist - October 22-24
Annual Leave - None Scheduled
Travel -Attorney Supervisor's Training - Oct. 15-19
Annual Leave - None Scheduled .
Travel - None Scheduled
Extended Annual Leave due t o family medical issue
Travel - None Scheduled
Annual Leave - Oc tober 5-12

(Wedding/Honeymoon)

Travel - None Scheduled
Annual Leave - None Scheduled

4200

_ _ _ _ _ _ _ •________ •

:-Joyca Zoldak":-monthlyffj)Oiwpd
.
:

4_0_'

~. _

_ ••• -________ . _ . _ . .

•

, .... _

• •_ _ . ' _ _ • • • _

••

Page 1 '

...

u.s. Department of Justice
Federal Bureau of Prisons
Northeast Regional Office
US Custom House
2nd & Chestnut Streets
PhIladelphIa. PA. 19106

November 23, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
I

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - October 2001

Ii
I

I
i

ADMJ:NIS~TIVB

LEGAL

ACTI~TIES

I~.

- SUMMARY REPORT

A. Administrative Remedies - 2001
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR
239
202
251
190
0

APR
190
185
190
185
0

MA Y
185
223
189
219
0

JUN
219
210
228
201
0

JUL
201
205
210
195
0

AUG
195
193
206
182
0

SEP
182
173
172
183
0

OCT NOV DEC
183
192
206
169
0

C. Tort Claim Investigation Status:
Pending
Over 60 days

AUG SEP OCT NOV DEC
342 340 319
101 59 78
7
9
8
110 89 108
340 319 297
0
0
0

As of October 31, 2001

ALF ALM ALP ALW BRa DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL RBK SCH
1
0

5
0

8
1

0
0

.- . • • . . ----,----.. - - - - - . - . -

29
1

.• -

0
0

9
0

14
0

- - _ . _ ..- ..... _ • • - - - - - . - - - - .... -

4212

3
0

- _ .. -

... -

0
0

5
0

16
3

0
0

3
0

7
2

5
0

. . . - . -_ _ _ _ _ •_ _ ..... - _ _ _ _ • _ _ _ _ _ . _ _ _ _ ._.J

! Joyce Zoldak - monthly11 .00 1.wpd

(
2

D. FOI / Priv a cy Ac t Requests
Pending on 1st
Rec ' d in mo nt h
Ans ' d in month
Pe ndi n g at End
Ove r 20 days

•

JAN
46
44
70
20
2'

FEB MAR APR
20
51 23
77 54
64
33 105 47
51
23 30
5'
0 0

2 001
MAY
30
71
81
20
3'

JU N
20
72
45
47
2'

JU L
47
82
84
45
3'

AUG
45
56
83
18
0

SEP
18
75
51
42
0

OCT NOV DEC
42
53
75
20
0

Note: Arch i v e d records.

E. FOIA Reque sts f or records:

As o f

Oct ober 31 , 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MCK NYM OTV PHL R8K SCH NER
Pending
>20 days· 0

*Note all are archived records

II .

LITIGATION ACTIVITY - 2 001 NORTHEAS T REG I ON

A . SUMMARY REPORT

Open on 1st
New Cases
Habeas Co r pus
FTCA
Bivens
Other
Bivens/FTCA
Cases Cl os e d

JAN FEB MAR APR MAY (JUN JUL)AUG SEP OCT NOV DEC
402
392 392 37 7
400 40 1. 398 400 402
14 11 10
10
10
3
6
11
9
7
8
6
2
8
5
6
5
3
0
1
1
2
1
0
0
0
1
4
3
4
2
3
1
2
1
3
0
0
1
0
0
1
0
0
0
2
0
0
0
0
0
0
1
0
1 0 17
9
8
9
20
10 1 8 17

B . SIGNI F I CANT LITIGATION MATTERS :
C . HEARINGS/TRIALS : 1 ) Muhannad v. Reyes , et . al , 4:CV-99 - 0468(MDPA)
Th is case, or i gina l ly filed as a Bivens but conve r ted t o an FTCA, wa s
filed by USP Lewisburg inmate Anthony Austin , 12760 - 047 c l ai mi ng
inadequate med i cal care for a hand injury . A one day tri al occurred
on November 4 , 2 001, at which time the Judge dismissed the case .
Lori
Cunningham assist ed the AUSA.
Infante v . Frank , et.al. CV-97 - 824 (M DPA )
Th is Bivens case filed by now former inmate Robert Infante ,
challenges his work assignme n t due t o a medical condition.

_0_0---.-._------_.__._.-._--

---

02 4 2 1 -08 2
Th re e

defendants remain. Jury selection is scheduled to begin on
December 3, 2001. Michael Sullivan and Jeff Fromm are assisting the
AUSA.
D. RELIGIOOS CASES:

Jackson v. Hasty, et.al, Civ. No. 00-CV-2808 (EDNY~ USP Leavenworth
inmate Patrick Jackson, 13340-004, alleges that wh~le housed at MOe
Brooklyn for approximately four months, he was denied his religious
diet. Jackson, a Rastafarian, failed to submit the completed
religious diet form.
E. ENSIGN AMENDMENT CASES: -

Wolf, et ale v. Reno, 01-1869 (3d Cir) - This case was discussed in
prior reports. Three inmates at FCI McKean have requested injunctive
type relief challenging the application of the Ensign Amendment and
the part of the Zimmer Amendment which prohibits the showing of R, X,
and NC-17 films. The District Court granted the Government's motion
to dismiss after a finding that the Ensign and Zimmer amendments, as
implemented, to be neutral and reasonable, and rationally related to
penological interests. Oral argument is anticipated in January 2002.

r
~
~~

III. CRIMINAL RBFBRRALS/PROSEctJTIONS/TlUALS:

TRIAL/SENTENCINGS:
;. v. Latimore 4:CR-00-0331 (M.D.PA.)- Inmate Edward Latimore, 33260-060, was
sentenced on October 18, 2001 for the staff hostage incident at USP
Allenwood in August 2000. He received a consecutive sentence of 96
months, and $300 special assessment.
5. v. Kenney, 4:CR-

(MDPA)- Inmate John Kenney, 05238-041 was sentenced for
possession of a weapon resulting from a September 1999 incident in
which the inmate assaulted a USP Allenwood Unit Manager. Kenney
received a 41 month consecutive sentence and a $100.00 dollar special
assessment. The jury found inmate Kenney not guilty of resisting
staff and not guilty by reason of insanity of assaulting staff. The
weapon (razor blade) was found in the inmate's possession after the
assault had occurred.

~ERRALS

: Allenwood: Suspected arson in recreation building referred to FBI
:1 Allenwood: 3 referrals (inmate on inmate fight; documents found regarding a
counterfeiting scheme; inmate billing purchase of personal books to
r

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I

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(
Education Dept.)
'FCI Allenwood:4 referrals (2 inmate assaults on staff (throwing a
4

book, pulling cuffs through wicket); possession of narcotics (marijuana): inmate
placing baby powder in envelope to scare another inmate).

USP Allenwood: 4 referrals (2 inmate on inmate assaults, 1 possession of weapon,
1 use of mail to threaten another)
USP Lewisburg: 2 referrals (Inmates on staff with injury (puncture wound and
scratches; inmate on inmate fight)
'FCI Fort Dix: 2 arraignments for misdemeanor assault conducted on
military base before Magistrate Judge: 4 referrals
FCI Otisville: 6 (4 inmate on inmate assaults, 2 improper use of mail)
TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 2001:

Travel: Honors Attorneys Interviews (PHL)- Nov 1
Fed. P.O. Meeting - Boston - Nov 2
New Atty Training - D.C. - Nov 15
Annual Leave: Nov 6-9
Travel - FCC Allenwood After Action Nov 13-14
Leave - Nov 23

bLo

Travel -None
Annual Leave - Nov 21, 23
Travel - None Scheduled
Periodic/Extended Leave for family medical issue
Travel - New Atty Training - Nov 13-15
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - Nov 21, 23
Travel - None Scheduled
Annual Leave - Nov 21
Travel - None
Annual Leave - None Scheduled

!
!

. _,'_. __ . . ,. . . . . ___. . . __. ___.___._________~___ J
4215

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Page 1
..

-_ ........ -- ._-- .... _.. ._---- ...... - ..
-

(
U.S. Department of Justice
Federal Bureau of Prisons

NorlheastRegronalOfflce
US Custom House
2nd & Chestnut Streets
Philadelphia. PA. 19106

December 27, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(
'"

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - November 2001

- SUMMARY

I. ADMINISTRATIVE LEGAL ACTIVITIES
A. Administrative Remedies

Pending on 1st
Recld in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239
0

MAR
239
202
251
190
0

REPORT

2001

APR
190
185
190
185
0

B. Administrative Tort Claims

MAY
185
223
189
219
0

JUL
201
205
210
195
0

JUN
219
210
228
201
0

AUG
195
193
206
182
0

SEP
182
173
172
183
0

OCT
183
192
206
169
0

NOV DEC
169
175
176
168
0

2001

JAN FEB MAR APR MAY JUN JUL
Pending on 1st 335 354 343 353 355 362 343
Rec'd in month 93 90 81 86 81 90 78
4
3
Recons. rec'd
3
4 11
1
4
Ansld in month 77 105 82 84 78 113 82
Pending at End 354 343 353 355 362 343 342
0
0
Over 180 days
0
0
0
0
0

AUG SEP OCT NOV DEC
342 340 319 297
101 59 78 78
7
8
4
9
110 89 108 83
340 319 297 298
0
0
0
0

As of November 30, 2001

C. Tort Claim Investigation Status:

n-:

PE:: .. j::.~

Over 60 days

...

-1

~.,i·;

;"';'r- ~;.."

ci\_

....

~~:

':"'':;".

:;,.~

l:.4.i~
~
...:.

r"';~

;"EW LOk MCK NYM UTV PHL RBK SCH

13
9

1
0

3
1

,_ _ _ _ _ _ _ _ _ _ _ .• _. _ _ _ _ • _ _ _ _ _ _ _ _ _ _ _ •_ _ .._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _----J
I

4253

Page 2

Joyce Zoldak - monthly12.001.wpd

._-----'-----_._-_._-_. __ .- '--'

.,..
'

D. FOI/Privacy Act Requests - 2001

Pending on 1st
Rec'd in month
Ansld in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR
51 23
20
77 54
64
33 105 47
51
23 30
0 0
5*

MAY
30
71
81
20
3*

JUN JUL AUG SEP OCT NOV DEC

os:>

47
82
8-i

-17

20
72

45
56
83
18
0

18
75
51
42
0

42 20
53 8
75 15
20 13
0 5*

* Note: Archived records.
E. FOIA Requests for records:
ALF ALM ALP ALW

Pending
>20 days· 0
*No~e

II.

BRO DAN DE\,

As of November 30, 2001
EU~

F7D

'~E~

LOR MCK NYM OTV PHL RBK SCH NER

o
,

all are archived records

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY (JUN JUL)AUG SEP OCT NOV DEC
400 401 398 400 402
402
392 392 377 366
11 14 11 10
9
10
10
3
6 18
7
8
5
6
5
8
6
2
3
9
1
2
1
0
0
0
1
0
1
1
4
1
3
3
4
2
1
3
2
6
1
0
0
1
0
0
0
0
0
2
0
1
2
0
0
0
0
0
0
0
10 17
9
8
9
20
10 18 17
8

B. SIGNIFICANT LITIGATION MATTERS:

C. HEARINGS/TRIALS: -

1) Infante v. Frank, et.al. CV-97-824 (MDPA) - In this Bivens case,
former inmate Robert Infante, 02421-082, aileged that UNICOR staff had
forced him to exceed his medical restrictions at USP Allenwood in
1997. Mr. Infante was released from custody in November 2001. After
his release, the inmate did not comply with several court orders and
rules regarding pre-trial preparation. The court issued an order
pr'ohibiting him from calling any witnesses and from using nis fifty
four exhibits in the case, although the court did allow Mr. Infante to
testify and to use our witnesses and exhibits. On December 3, 2001,
when the case was called for jury selection, Mr. Infante was not able

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-------------------------_._._-_... _..... __ .. -_.. (
to be located.

The court ordered the case dismissed.

Michael

S~llivan

and Jeff Fromm assisted the AUSA.

2. U.S. v. Gregory Ferguson, 99 CR 1262 (SONY)- On November 20, 2001,
the criminal trial judge held a hearing to address religious diets
issues raised by the attorney for MD~ Brooklyn inmate Gregory
Ferguson, # 41238-054, a Rastafarian. The issue involved the decision
to remove the inmate from the certified foods program as stated in the
Warden's BP-9 response, which instructed him to apply for the "No
Flesh diet if he wished to receive vegetarian meals. The government·
argued that a lactose-free, No Flesh diet adequately meets Ferguson's
religious and dietary needs .. The inmate's attorney argued that
Ferguson had been receiving meals of raw vegetables for three years
through the Common Fare program and the No Flesh diet does not satisfy
Rastafarian requirements. The Court withheld judgement pending the
outcome of the administrative remedy process, but requested MDC
Brooklyn should provide Ferguson with raw vegetables until the process
has been exhausted. The AUSA agreed. Att
Bail
assisted
the AUSA at the heari
~~

(

...

3. U.S. v. Joseph Rini, 00 CR 237 (SDNY) - Counsel for defendant
Joseph Rini (free on bail) subpoenaed any and all telephone calls made
by another inmate "to date, and henceforth." In ~ddition, counsel
p~-eser~ted a court order directing the Bureau of Prisons maintain the
tape recorded telephone conversations and ordered the Bureau of
Prisons not to divulge the existence of the order or subpoena to
anyone. In October 2001, Todd Bailey, Staff Attorney,· represented MOC
Brooklyn:at a hearing and argued that the subpoena was overly broad;
would unduly burden MOC staff; the subpoena's request for calls
"henceforth" was prohibited by federal wiretap statutes; the order
impeded MOC's ability to properly release information through the U.S.
Attorney's Office; and, the order prevented MOC from exploring these
and other defenses with the U.S. Attorney's Office. The 'Court agreed
the subpoena was overly broad and narrowed the request to calls made
to one phone number (a total of seven phone calls). The Court also
agreed that a request for calls "henceforth" was improper and
restricted the request to calls up to the date of the subpoena.
Finally, the Court modified the order to allow MDC Brooklyn to contact
the Civil Division of the US Attorney's Office, which then formally
responded to and objected to the subpoena. The issue became moot when
Rini pled guilty in his criminal case and withdrew the subpoena.
4. United States v. Hunton, CV-01-4592 - Civil action to evict an MDC
Brooklyn employee from staff housing and recover unpaid past due rent.
Hunton vacated her Dayton Manor apartment November 22, 2001. MOC
Brooklyn is pursuing summary judgement to recover unpaid back rent.

;;

------------------~~

4255

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- - - _._ . .. _._--_._... - - -_ ..

__.- --_.__ ... . ---

Pagt

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D_ RELIGIOUS CASES:

E_ ENSIGN AMENDMENT CASES : Wolf, et al. v. Reno, 01-1869 (3d Cirl - This case was discussed in
prior reports. Three inmates at FCI McKean have requested injunctive
type relief challenging the application of the Ensign Amendment and
the part of the Zimmer Amendment which prohibits the showing of R, X,
and NC-17 films.
The District Court granted the Government's motion
to dismiss after a finding that the Ensign and Zimmer amendments, as
implemented, to be neutral and reasonable, and rationally related to
penological ir.terests . Oral argument is anticipated in January 2002.
111_ CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
TRIAL/SENTENCINGS:
-REFERRALS:
~CI

Allenwood: 2 referrals (inmate on inmate assaults I

.,
,

USP Allenwood: 8 referrals (2 inmate on staff assaults (minor - without injury!;
2 threatening staff; 2 inmate on inmate assaults (one attempted
killing!; 2 possession of weapon!
USP Lewisburg: 3 referrals (Inmate on staff without injury (threw a magazine!; 2
inmate on inmate fight!
FCI Schuylkill : 1 referral

(Inmate alleged sexual assault by another inmate!

TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 2001:
Travel : None Scheduled
Leave: Dec. 26, 31
Travel - Newark, N.J.
Annual Leav e - Dec. 26-31
Travel -None
Annual Lea Ve - Dec .

- Sentencing Hearing Dec . . 18

19-~1

Travel - None Scheduled
PeriodiC/Extended Leave for family medical issue
Travel - I.F. (at FCI Fairton ! Dec . 3 - 14

.r,"

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(
u.s. Department of Justice
Federal Bureau of Prisons

Northeast Regronm Offlce
U S Custom House
2nd & Chestnut Streets
Phl/adelph;a, PA. 19106

January 22, 2002
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - December 2001
I

I
(.
.I

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 2001
Pending on 1st
Rec1d in month
Ans'd in month
Pending at End
Over 30 days

JAN
161
173
185
149
0

FEB
149
232
142
239

MAR
239
202
251
190
0
0

APR
190
185
190
185
0

MAY
185
223
189
219
0

JUN'JUL
219 201
210 205
228 210
201 195
0
0

AUG
195
193
206
182
0

SEP
182
173
172
183
0

OCT
183
192
206
169
0

NOV
169
175
176
168
0

DEC
168
167
167
168
0

B. Administrative Tort Claims - 2001

JAN FEB MAR APR MAY JUN JUL
Pending on 1st 335 354 343 353 355 362 343
Rec'd in month 93 90 81 86 81 90 78
Recons. rec'd
1
4 11
3
4
4
3
Ans'd in month 77 105 82 84 78 113 82
Pending at End 354 343 353 355 362 343 342
Over 180 days
0
0
0
0
0
0
0
C. Tort Claim Investigation Status:

AUG SEP OCT NOV DEC
342 340 319 297 298
101 59 78 78 66
7
9
4
8
2
110 89 108 83 83
340 319 297 298 293
0
0
0
0
0

As of December 31, 2001

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTD LEW LOR MCK NYM OTV PHL RBK SCH
Pending
Over 60 days

2
0

8
0

11
2

5
0

23
11

2
0

9
3

9
1

5
0

10
0

5
0

0
0

10
0

15
10

4
0

3
0

0
0

14
1

(

1
i
4280

Joyce Zoldak - ~onth!y1.02:~~d

P~ge.2

('
2

D. FOI/Privacy Act Requests
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
46
44
70
20
2*

FEB MAR APR
20
51 23
77 5~
64
33 105 47
51
23 30
5*
0 0

2001
MAY JUN JUL AUG SEP OCT NOV DEC

30
71
81
20
3*

20
72
4S
47
2*

47
82
84
45
3*

4S
56
83
18
0

18
75
51
42
0

42
53
75
20
0

13
30
30
19
1*

20
8
15
13
5*

* Note: Archived records.
E. FOIA Requests for records:

As of December 31, 2001

ALF ALM ALP ALW BRO DAN CEV ELK FAI FTC LEW LOR MCR NYM OTV PHL RBK SCH NER
Pending
>20 days* 0

310

*Note all are archived records

II.

:1
I

LITIGATION ACTIVITY - 2001 NORTHEAST REGION

A. SUMMARY REPORT

(

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Cases Closed

JAN FEB MAR APR MAY (JUN JUL)AUG SEP OCT NOV DEC**
392 392 377 366
402
400 401 398 400 402
18
10
6
3
10
9
11 14 11 10
9
6
2
3
S
8
7
6
8
5
1
1
1
0
0
0
0
1
2
1
6
2
3
1
2
4
3
1
4
3
2
0
0
0
0
0
1
0
0
1
0
0
0
0
0
0
0
2
0
1
10 18 17
8
20
8
9
10 17
9

** The discovery of a glitch in processing incoming cases has required
an adjustment of litigation numbers. The revised numbers for each
month are set forth below. The S3 noted for December are actually
cases from earlier in the year which were logged into Lawpack in
December.
New Cases

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
15 17 15 15 13 16 20 10 13 25 28 53

B. SIGNIFICANT LITIGATION MATTERS:
1. Haywood v. Alcantara & Lassi, 99 CV 1127 (EDNY)
This Bivens action filed by an inmate at MOC Brooklyn alleged that two
correctional officers were deliberately indifferent to the safety of

4281

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(
3

the Plaintiff by not removing him from the housing unit. The Unit
Officer, who had received some information, moved the inmate to a bed
closer to the officer's station in the open dormitory type unit. The
Officer also reported it to the Lieutenant's office and. relayed the
information to the officer who relieved her. Later that evening, the
Plaintiff was attacked. The Court,. in granting the Defendant's Motion
for Summary Judgement, held that lithe officers did place themselves on
a heightened alert, they did not observe anything in the moments
before the attack to suggest it was coming and, therefore, I don't see
anything about their failure to take greater preventive action that
could support an Eighth Amendment claim." Plaintiff has filed a
Notice of App~al. Les Owen and Todd Bailey assisted the AUSA on this
case.

HEARXNGS/TRXALS:

1. U.S. v. Mauriello, CR-S-97-082 (D. Nevada) - On December 21, 2001,
telephonic hearing was held concerning a request by LSCI Allenwood
inmate Stephen Mauriello, 32013-048 for halfway house placement, home
confinement, or compassionate release. The sentencing judge ruled
that he did not have jurisdiction over the issue. Mike Sullivan
presented the arguments on behalf of the Bureau.
2. U.S. v. Barnes, Crim. No. 00-06, Civ. No. 01-4454 (EDPA)
On December 21, 2001, a hearing was held on the inmate's motion for a
resentencing based upon trial counsel's ineffective assistance of
counsel (regarding appeal time frames) and requesting a downward
departure based upon allegations that FDC Philadelphia could not
provide proper medical care. AUSA requested Bureau assistance in case
the medical issue had to be addressed. Regional and institutional
staff assisted and attended the hearing, although no testimony was
necessary as the Court agreed to reissue a J&C to permit the inmate to
file an appeal.
3. Gammon v. Warden, FMC Devens, et ale (Civil No. COl-435-M, D.N.H.)
In a motion before the sentencing court, FMC Devens inmate Frank
Gammon, 01578-081 alleged the Bureau of Prisons was not treating his
chronic back pain as indicated by a letter from the Medical Director
prior to sentencing. The Court determined this to be habeas petition
contesting "the conditions of his confinement ll and ordered a
Magistrate's hearing to review the inmate's request for injunctive
relief.
I

On December 18, 2001, Dr. Karl Bernhardt, Staff Physician, at FMC
Devens, testified concerning the treatment and medications Gammon has
received since his November 9, 2001, arrival at FMC Devens. Dr.
Bernhardt also provided a synopsis of the treatment plans being

I
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t

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page 4

(
4

considered and any pending consultation orders. William Baumgartel,
Paralegal Specialist, also testified concerning the Bureau's
Administrative Remedy Program and the inmate's failure to exhaust.
The Magistrate Judge acknowledged the improper venue and jurisdiction
as well as the inmate's failure to exhaust, but did not indicate what
recommendation would be forwarded to the District Judge.
4. U.S. v. MCKeithan (Criminal No. 1:00-CR-278-01, M.D.PA) On
December 20, 2001, a video conference sentencing hearing was conducted
at FMC Devens for inmate Curtis McKeithan, 04888-067. Due to a
history of heart attacks he was admitted to FMC Devens as a
pre-sentence inmate and stipulated to appear at sentencing via video
conference. Upon conclusion of arguments, Judge Rambo announced a
sentence of 420 months.
D. RELIGIOUS CASES: None
E. ENSIGN AMENDMENT CASES: Wolf, et ale V. Reno, 01-1869 (3d Cir) - This case was discussed in
prior reports. Three inmates at FCI McKean had requested injunctive
type relief challenging the application of the Ensign Amendment and
the part of the Zimmer Amendment which prohibits the showing of R, X,
and NC-17 films. The District Court granted the Government's motion
to dismiss after a finding that the Ensign and Zimmer amendments, as
implemented, to be neutral and reasonable, and rationally related to
penological interests. Oral argument was held before the Court of
Appeals on January 7, 2002. The argument was very well presented by
DOJ Attorney Ed Himmelfarb on behalf of the government.

(
'"

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
TRIAL/SENTENCINGS:
REFERRALS:
FCI Allenwood: 2 referrals (1 - inmate on, phone threatened to kill his boyfriend
(former inmate) if messing around; 1 - inmate assaulted another inmate
with cane)
LSCI Allenwood: 1 referral (inmate on inmate assault)
USP Allenwood: 8 referrals (1 inmate on staff assault (minor - without

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;injury ) ; 4 inmate on inmate assaults; 3 possession of weapon)
USP Lewisburg, 1 refer r al (Inmate attempted to stab another inmate with piece of
. window wire through the cell door window )
'FCI otisville, 1 referral

(introduction of narcotics )

FCI Schuylkill, 1 referral ( Inmate on inmate assault )
,TRAVEL AND LEAVE S CHEDULE FOR J ANUARY

2001:

Travel, January 10, 2002 - FCI Fort Dix
January 15-18 , 2002 - General Counsel
Meeting - Los Angeles
Annual Leav e, January 9, 2002

Travel - No ne Scheduled
Annual LeaVE
None Scheduled
Travel -None
Annual Leave - None Scheduled
Travel - None Scheduled
Periodic / Extended Leave for family medical issue
Travel - FCC Allenwood, January 14-18, 2002
Annual Leave - None Scheduled

(
:.;~

.'.

Trav el - None Scheduled
Annual Leave - January 8, 2002
Travel - None Scheduled

Annua l Leave

January 11,

2002

None Scheduled

Annual Lea v e

January 10, 18, 2002

Trav el - None

Annual Lea v e - None Scheduled

(

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