u.s. Department of Justice
Federal Bureau ofPrisons
South Central Regional Office

Dallas, Texas 75219

February 10, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - January.2000

ADMINIS~TIVE

FEB

JAN
RECEXVBD

227

ANSWEUD

105

MAR

APR

MAY

REMBDIBS

JON

.ruL

AUG

SEP

OCT

NOV

DEC

TORT CLAIHS
JAN
PBNDDtG

257

RBCBIWD

61

ANSWERED

62

PENDING

256

OVER SIX

)J)

FEB

MAR

APR

MAY

JUN

JUL

AUG

SBP

OC~

NOV

DEC

.ruL

AUG

SSP

OC~

NOV

DBC

0

I'OI/PRIVACY
JAN

PENDING

5

RBCBIVBD

48

ANSWEUD

40

PENDING

13

OVER 20 DAYS

0

FEB

MAR

APR

MAY

3643

.:ruN

LITIGATION
JAN
CASES RECD

12

CASES CIDSED

12

HABEAS CORPUS

7

BIYBNS

3

nCA

2

emma

0

LI~

_PORTS

HBARINGS/

FEB

MAR

APR

MAY

JON

Jt1L

AUG

SEP

OCT

NOV

DEC

12
1

nIALS
SB~S/

0

AWA1U)S

CASKS WITH BEARINGS OR TRULS

John Doe v. Maria Habeeb. On January 18 and 19, 2000, a trial
was held before u.s. District Judge Eldon B. Mahon. As
previously reported, the plaintiff alleges staff violated his
constitutional rights by disclosing confidential information and
placing his life in danger.
The plaintiff also alleged BOP
employee Maria Habeeb engaged in sexual acts with him. Arguments
were heard from both the plaintiff's attorney and the AUSA. Four
witnesses testified at trial.
The plaintiff was the only
witness in his case. Testimony was provided in our case by two
staff members and a former inmate. The AUSA has moved to dismiss
the United States as a party because the plaintiff did not
exhaust his administrative remedies. No ruling has been made;
however, we are anticipating an opinion from the court.
The
AUSA will prepare a brief in the unlikely event of an adverse
ruling and will argue procedural default under the FTCA.
Also, see CRXYXNAL

~TTBRS

AND PROSECUTIONS heading.

(
2

3644

(~h

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

None
b.

Tort Claim settl.amants

None
c.

Other settl.aments

None
SIGNIPI~

CASES

U.S.A. v. Karen Nordell. This 18 U.S.C. 4246(a) mental health
commitment case has been appealed to the u.s. Court of Appeals
for the Fifth Circuit. As previously reported, inmate Karen
Nordell was committed by the u.s. District Court for the Northern
District of Texas in December of 1999. A hearing before the
appellate court has not yet been scheduled.
I'CI 1:1 RBHO and ftC OKLABOIA CITY

The recent opinion by the U.S. Court of Appeals for the Tenth
Circuit in Ward v. Booker, which invalidated the firearms
enhancement provisions of Program Statement 5162.04, has greatly
impacted pending 3621(e) cases. FeI El Reno has. several cases
which are pending in the appellate court; further, that
institution and FTC Oklahoma City have several cases at various
stages of review before the U.S. District Court for the Western
District of Oklahoma. We are hopeful the proposed operations
memorandum implementing Ward will settle many of the issues in
the 3621(e) area.
.
SIGNII'I~

TORT CLAIMS

Parkerson. FeI Texarkana inmate Parkerson alleges (i) he injured
himself when a defectively welded chair, in which he was sitting,
broke; (ii) he slipped on a wet floor at a CCC because there
were no warning signs; (iii) his diagnosis of Hepatitis C was
delayed; (iv) he did not receive proper medical treatment; and
(v) staff made him lift cartons contrary to his medical

(
3

3645

restriction, injuring himself.
damages. (T-BOP-99-255)

He requests $2,000,000.00 in

SIGN:tJ'ICAN'.r ADMINISTRATIVE REMEDIES

None
UPCQllDfG TRIALS OR BEARINGS
I'CI BIG SPRING

On February 25, 2000, a Spears (evidentiary) hearing will be held
in Williams v. Shroff. This Bivens suit raises allegations that
medical staff at FCI Big Spring did not provide the plaintiff
with proper medical care. Specifically, the plaintiff alleges
that his right leg was negligently injured during a
cardiovascular operation at an outside hospital. We are planning
to have legal staff accompany our witnesses to the hearing.
SAN ANTONIO CCN

On February 25, 2000, a Spears (evidentiary) hearing will be held
in Taliti v. Schaffner. et a1. This Bivens suit alleges that the
plaintiff's dental condition (he is missing several teeth) is not
bein~ adequately addressed by staff at the Big Spring
Correctional Center (BSCC), a private institution which holds
federal inmates under the aegis of the San Antonio CCM. BSCC
will be sending their staff to this hearing

A telephonic evidentiary hearing is scheduled for
February 2, 2000, in Freddie Castillo v. United States. The
complaint has not yet been served. This is an FTCA suit wherein
the inmate is requesting monetary compensation for "inventing" a
chair press in UNICOR. This office denied the plaintiff's tort
claim on May 24, 1999.
(T-SCR-98-518)
Also, see CRXNXNAL

~TT.ERS

AND PROSECUTIONS heading.

MBDlCAL ImLPRACTICB

LITlGA!'ION
See UPCOMr.NG T.RXALS OR BEARINGS heading.
(
\

4

3646

See SXGNIFlCAHT TORT CLAIMS heading.

None
LITI~ION

None

None
RELIGIOUS FREEDOM RESTORATION ACT

LITIGATION
None
('
\ .....

None
PRISOlf LITIGATION REFORM ACT OBDQS

None
SITUATIONS 01' D1'l'EREST

The Female Offender's Workgroup for the Federal Bureau of Prisons
conducted training and toured FMC Carswell on January 25-27,
2000.
u.S. District Judge Barbara Lynn, her staff and some of u.S.
District Judge Buchmeyer's staff are scheduled to tour FMC
Carswell in February of 2000.
I"l'C OKLABOlG CITY
On January 14, 2000, Oklahoma State Judge Susie Pritchett
conducted a Consent to Adoption Hearing in the visiting room.
During the hearing, the inmate voluntarily relinquished his
5

3647

·,
parental rights and gave consent for his ex-wife's husband to
adopt their young child. Present were the Judge, the inmate, a
court reporter, and counsel for the ex-wife.
CIlIMINAL MATTERS AND PROSECUTIONS

The trial of inmates Jose Gamez-Reyes, Radney MontgomeryCastillo, and Jose Jaramillo-Hernandez is currently scheduled to
begin on February 15, 2000. The defendants assaulted inmates
Ismael Arellano-Gutierrez and Alfredo Martinez-Macias on the
recreation yard on September 9, 1999. They repeatedly struck
inmate Arellano-Gutierrez and Martinez-Macias with baseball bats,
inflicting serious injuries.
On October 5, 1999, inmate Andrew Jackson filed a motion to
withdraw his guilty plea in his pending prosecution for
assaulting teacher Gerardo Monroy on June 12, 1999. On
October 18, 1999, the United States filed a response to Jackson's
motion. On February 2, 2000, the Court permitted inmate Jackson
to withdraw his plea. The Court has set a trial date of
February 22, 2000.
I'CI BBAlJMONT (Low)

The trial of inmate Alfredo Loera-Rosales was conducted on
January 18 and 19, 2000. Inmate Loera-Rosales was charged with
assaulting his Case Manager on June 12, 1999. At trial, his
defense was that he was experiencing a grand mal seizure when the
assault occurred, and therefore, he could not be held responsible
for his conduct. All BOP witnesses who appeared as prosecution
witnesses presented extraordinarily professional demeanors and
were very credible and convincing witnesses. The jury did not
accept inmate Loera-Rosales' version of events, and returned a
conviction on January 19, 2000, after only five minutes of
deliberation. At our request, the U.S. Attorney issued a press
release concerning this verdict and the speed with which it was
rendered. The local print media and at least one local
television station ran stories concerning the conviction, thus
ensuring awareness among the inmate population.
FeI BIG SPRDtG

(.

In United States v. Garcia-Lopez, et ale (the previously reported
May 1999 disturbance case), all five defendants plead guilty to
one count of Rioting and were sentenced on January 20, 2000. All·
defendants were sentenced in the top range of their sentence
6

3648

(

guidelines, as agreed upon in their plea agreements. Defendant
Pablo Armando Medina-Ruiz was sentenced as a Career Criminal.
The twelve inmates that were involved in the June 1999
disturbance have been referred to the USAO in Lubbock, Texas, for
prosecution on Assault and Rioting charges. The AUSA indicates
that an indictment will be presented to the grand jury in
February or March of 2000.
!'PC BRYAN

The Cook Supervisor who was acquitted on criminal charges of
Sexual Abuse of a Ward has transferred to FDC Houston. The
matter regarding his failed criminal prosecution and
administrative action is closed.
Inquiry continues into the possible sexually abusive actions of
three addit~onal FPC Bryan employees. As previously reported,
one was placed on home duty status, and the others resigned their
BOP employment. No prosecution of these individuals is foreseen,
and administrative action is under consideration.
ftC OKLABOJa CITY

(

The trial in U.S. v. McBride, in which fo+.mer Correctional
Counselor Breavess McBride is accused of sexually abusing
inmates, has been postponed until March 13, 2000. The Judge
granted the defense motion for a continuance for additional trial
preparation.

On January 31, 2000, inmate Deibi Parra-Lopez pled guilty to
Assault on a Federal Officer. As previously reported, this
inmate assaulted a staff member in the Education Department.
Sentencing scheduled for April 2000.
On January 31, 2000, inmate Jesus Oceguera-Calderon, pled guilty
to Simple Assault. Sentencing is scheduled for April 14, 2000.
As previously reported, this inmate spit on the DHO during a
hearing.

7

3649

u.s. Department of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
March 10, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - February 2000

I
(
\'- ... ~

I

ADMJ:NISTRATIVE REMEDIES
JAN

FEB

RECEIVED

227

220

ANSWERED

105

132

MAR

APR

MAY

JON

J'UL

AUG

SEP

OCT

NOV

DEC

...

I

I

TORT CLADfS
JAN

FEB

PENDING

257

256

RECEIVED

61

76

ANSWERED

62

62

PENDING

256

270

0

0

OVER SIX MO

MAR

APR

MAY

JON

JVL

AUG

SEP

OCT

NOV

DEC

JUL

AUG

SEP

OCT

NOV

DEC

FOI/PRIVACY

(

JAN

FEB

PENDING

5

13

RECEIVED

48

58

ANSWERED

40

61

PENDING

13

10

OVER 20 DAYS

0

0

MAR

APR

MAY

3657

JON

.

I

I

LITIGATION
JAN

FEB

CASES RECD

12

11

CASES CLOSED

12

5

HABEAS CORPUS

7

7

BIVENS

3

2

F'lCA

2

2

OTHER

0

0

LIT REPORTS

12

11

HEARINGS/
TRIALS

1

4

SETTLEMENTS/
AWARDS

0

0

MAR

APR

MAY

.roN

JUL

AUG

SEP

OCT

NOV

DEC

CASES Wl:'.rB BEARmGS OR TRIALS

C'···
"

FCl: BIG SPIUNG

Williams v. Shroff, et ale On February 25, 2000, Magistrate
Nancy Koenig held a Spears (evidentiary) hearing. This Bivens
suit alleges medical staff at FCI Big Spring and an outside
doctor did not provide the plaintiff with proper medical care and
caused his right leg to be injured during a cardiovascular
procedure. The plaintiff also alleges he contracted hepatitis
due to the negligence of staff at the Montgomery County Jail.
Craig Simmons, Paula Cole, FMC Fort Worth's Clinical Director,
FCI Big Spring's AW(O} and HSA, counsel for the outside doctor,
an Assistant District Attorney and a nurse from Montgomery County
attended the hearing. The Magistrate heard evidence regarding
the allegations, and we are awaiting her decision as to whether
the matter will be allowed to proceed.
SAN ANTONl:O CO!

Taliti v. Schaffner, et ale On February 25, 2000, Magistrate
Nancy Koenig held a Spears hearing in this Bivens suit. The
plaintiff alleges that his dental condition (he is missing most
of his teeth) is not being adequately addressed by staff at the
Big Spring Correctional Center (BSCC), a private institution
operated by Cornell Corrections Corp. which holds federal inmates
under the supervision of the San Antonio CCM. The SeR's
2

3658

c

Assistant Regional Counsel, the Health Services Director from
BSCC, and an administrat o r fr om BSCC attended the hearing.
The
Magistrate heard evidence regarding the allegations, and we are
awaiting her decision as to whether the matter will be allowed to
proceed.
FCI THREE RIVERS

Freddie Castillo v. USA. A telephonic Spears hearing was
conducted on February 2, 2000, before Judge Ellington.
Pursuant
to the hearing, one staff member has been served.
The court has
approved the inmate's request t o add additional staff members to
the complaint; however, these individuals have not yet been
served.
This inmate alleges he invented a machine which has
improved production in UNICOR, and as a result, he is entitled to
compensation.
Also, see CRIMINAL MATTERS AND PROSECUTIONS heading.
CASES WITH SETTLEMENTS OR AWARDS
a.

(

Adverse judgments

None
b.

Tort Claim settlements

None
c.

Other settlements

None
SIGNIFICANT CASES
FCI BIG SPRING

Last month, we were informed that on November 19, 1999, the court
dismissed Reed v . BOP, et al. due to the inmate's failure to pay
the filing fee or to authorize payment from his inmate account.
On January 27, 2000, the court granted the application for leave
to proceed in forma pauperis on appeal.
SIGNIFICANT TORT CLAIMS
I

(

Rhoton.
a contract teache"r at FeI Big Spring,
states that she slipped and fell on a freshly waxed floor.
She
3

3659

'd-2

(

alleges that she suffered a broken knee that required surgery.
She is requesting compensation in the amount of $7,145.90.
(T-SCR-00-012)
,

Lanausse.
and her three children have submitted
a claim for the wrongful death of FC! Three Rivers inmate Rafael
Lanausse who died of a pulmonary embolism on November 28, 1997.
The survivors list 12 allegations which they believe were the
cause of death. They seek $500,000.00 in compensation. The
family's attorney has also filed state and federal lawsuits
claiming individual liability on the part of various staff
members. The state lawsuit has been removed to federal court.
Service in connection with the other lawsuit has not occurred.
(T-SCR-99-533)
S:tGN:IFICAN'l' ADMIN:I STRAT:IVE REMEDIES

FC! Beaumont (Low) inmate
seeks recognition of the
Asatru religion,' chapel time a
space, construction of an
outdoor worship area, and the purchase of accouterments required
to perform Asatru religious rites. A response is being
formulated.
(

Also, see the SITUAT:IONS OF :INTEREST heading.
UPCOMING TRIALS OR BEAR:tNGS
FeZ EL RENO

Gregory Cook v. R. G. Thompson. A trial has been scheduled for
April 10, 2000, in this case which was initially filed as a
hybrid Bivens/FTCA suit arising from events at FeI El Reno during
the October 1995 disturbance. The Bivens portion of the
complaint has been dismissed. The remaining aspect of the case
is an FTCA claim which alleges the plaintiff's personal property
was damaged and/or destroyed when the unit was gassed and inmate
property was confiscated. AUSA Steve Mullins and Tim Roberts
will be involved in the bench trial.
FMC FORT WORTS

(

Fuller v. United States. A settlement and pretrial conference is
set for March 10, 2000, in this FMC Fort Worth case. Inmate
Fuller, currently incarcerated at FeI Beaumont, filed suit
pursuant to the FTCA. Inmate Fuller alleges medical malpractice
by several staff members at various institutions. He claims his
hip, back, and knee were not treated in a timely manner.
Settlement is not anticipated in the case; however, a point of
4

3660

co.

contact with settlement authority should be available by .
telephone.
FOC OAKDALE

Kennedy v. United States. A trial is scheduled for
April 17, 2000, in the Western District of Louisiana. This
matter arises out of a 1995 fight inmate Kennedy had with another
inmate at FDC Oakdale. In this FTCA case, the plaintiff alleges
staff members negligently failed to protect him from an assault
and failed to properly treat his resulting injuries. The
plaintiff has not subpoenaed any witnesses and he has not
conducted discovery. Further, it appears that he will not appear
at trial. If he does appear, we are prepared to proceed. The
plaintiff has been released from incarceration and resides in
Maryland. It appears that he does not have the financial
resources to litigate his case in Louisiana, and therefore, he
recently re-filed the same case in the District of Maryland.
Legal staff from SCR and MAR have been working together to handle
the two cases.
Also, see CRXNINAL MATTERS AND PROSECUTIONS heading.
(,

MEDICAL MALPRACT:ICE
LITIGATION
See CASES WITH BEARINGS OR TRIALS and UPCOMING TRIALS OR BEARmGS
headings.
TORT CLAIMS
See SIGNIFICANT TORT CLAIMS heading.
ENSIGN AMENDMENT

None
LITIGATION
None
TORT CLAIMS
None
(

RELIGIOOS FREEDOM RESTORATION ACT
5

3661

("_..

See SIGNIFICANT ADMINISTRATXVE REMEDIES heading.
LITIGATION
None
TORT CLAIMS
None

PRISON LITIGATION REFORM ACT ORDERS

FCI 1:1 RENO
A PLRA order was received from the United States Court of Appeals
for the Seventh Circuit directing that FCI El Reno inmate Joseph
Burgos pay an appellate fee of $105. The inmate refused to
voluntarily pay this amount by €xecuting a BP-199~ Since the law
of the Seventh Circuit directs payment of the fee from the trust
fund account notwithstanding BOP policy, the Warden directed that
20% of this inmate's deposits from the last month be withdrawn
and forwarded to the Clerk of the Court.
SI'l'QATIONS OF INTEREST

FCI FORREST CITY
Jeff King v. Marvin Morrison. As previously reported, FeI
Forrest City inmate King filed this suit asserting that he was
improperly denied an RDAP early release under P.S. 5162.02 due to
his 18 U.S.C. 922(g) conviction. After a hearing, Magistrate
Jones ruled against the BOP and found the agency exceeded its
statutory authority by defining an 18 U.S.C. 922(g) conviction as
a crime of violence. We strongly objected to the Magistrate's
findings, and on February 4, 2000, u.S. District Judge Wright
overruled the Magistrate. Judge Wright held it was permissible
to deny early release to inmates whose offense involved the use
or possession of firearms.
FCI El RENO and FTC OKLAHOMA CITY

i....

The Ward v. Booker decision has greatly impacted pending 3621(e)
cases. FCI El Reno and FTC Oklahoma City have several cases at
various stages of review before the U. s. District Court and the
6

3662

Tenth Circuit Court of Appeals. Moreover, inmates have begun to
file administrative remedy requests asking that Ward be applied
to them. We are hopeful the new Operations Memorandum
implementing Ward will settle many of the issues in the 3621(e)
area.
CRIMINAL MATTERS AND PROSECUTIONS
OSP BBAOMON'l'

The trial of inmate Christopher Mitchell was conducted on
February 22 and 23, 2000. Inmate Mitchell was charged with
assaulting inmate George House on December 9, 1998, and then,
brandishing a weapon (a 7" sharpened metal instrument) at several
staff members who tried to restrain him. On February 23, 2000,
after deliberating for approximately 50 minutes, the jury
returned a conviction for using a deadly and dangerous weapon to
assault, resist, or impede officers in the performance of their
duties in violation of 18 u.s.c. § 111(a) (1).
FeI BEAllMON'l (MEDItJH)

("
"

.

The trial of inmate Andrew Jackson was conducted on
February 22-24, 2000. Inmate Jackson was charged with assaulting
inmate Danny Fant and Education Specialist Gerardo Monroy at FCI
Beaumont (Medium) on May 19, 1999. Inmate Jackson punched
Mr. Monroy in the face to get to inmate Fant, and then, he bit a
chunk of flesh from inmate Fant's face before responding staff
could separate them. After deliberation, the jury returned a
conviction for assault resulting in serious bodily injury in
violation of 18 U.S.C. § 113(a) (6).
This trial and above-referenced trial of inmate Mitchell occurred
simultaneously in two different courtrooms. The preparation and
conduct of both trials simultaneously required the maximum effort
on the part of Darrin Scott and Tina Hauck as there were more
than 15 staff and contractor witnesses to prepare ~nd coordinate,
hundreds of pages of inmate records to review and summarize
before and during trial, and an inexperienced AUSA.
The trial of inmates Jose Gamez-Reyes and Jose JaramilloHernandez was conducted on February 15-17, 2000. Inmates
Jaramillo Hernandez and Gamez-Reyes were charged with assault
with dangerous weapons and assault resulting in serious bodily
injury after assaulting inmate Ismael Arellano-Gutierrez by
striking him repeatedly with baseball bats on the FCI Beaumont
(Medium) recreation yard on September 9, 1999. On
February 14, 2000, the day before trial comrnenced~ a third
7

3663

(

assailant, inmate Radney Montgomery-Castillo, pleaded guilty to
assault.
Inmate Montgomery - Castillo then appeared in court on
behalf of inmates Jaramillo-Hernandez and Gamez-Reyes at trial,
attempting to deflect blame from them by claiming that he was the
sole assailant.
Due to the .excellent testimony provided by staff
witnesses, the jury did not accept inmate Montgomery-Castillo's
version of events.
After deliberating for approximately 45
minutes, the jury convicted inmates Jaramillo -Her nandez and
Gamez -Reyes on all counts.
FCI BIG SPRING

On February 15, 2000, the grand jury indicted inmate Mario MunozMartinez for Rioting.
He was one of twelve inmates involved in
the June 1999 disturbance. At next month's grand jury, the AUSA
intends to either supersede the indictment or present a separate
indictment joining all twelve inmates .

FPC BRYAN

Inquiry continues into the possibly sexually abusive actions of
three FPC Bryan employee s . One employee is on home duty status,
and the other two have resigned.
No prosecution of these
individuals is foreseen, and administrative action is under
consideration .
FCI THREE RIVERS

We were recently informed that inmate Porfirio Saldana-Ventura
pleaded guilty to assault on January 26, 2000.
Sentencing is
scheduled for April 10, 2000 .
Inmate Janier Lujan-Perez pleaded
guilty to assault on January 27, 2000 .
His sentencing is also
scheduled for April 10, 2000. These inmates assaulted another
inmate in their housing unit with a lock tied to a belt.
PERSONAL ISSUES
Scheduled Annual/Sick Leave:

- March 13-17

- Annual Leave

- March 14

- Jury Duty

- March 27-31

- Annual Leave

(
B

3664

u.s. Department of Justice

c

Federal Bureau ofPrisons
South Central Regional Office

Dallas, Texas 75219

April 7, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - March 2000

I

(

AD~NISTRATIVE

JAN

FEB

MAR

DCEIVED

227

220

304

ANSWEDD

105

132

162

APR

....

MAY

I

REMEDIES

JON

JUL

AUG

SEP

OCT

NOV

DEC

TORT CLAIMS
JAN

FEB

MAR

PENDING

257

256

280

RECEIVED

61

76

53

ANSWERED

62

62

82

PENDING

256

270

251

0

0

0

OVER SIX NO

I

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

I

FOI/PRIVACY
JAN

FEB

MAR

PENDING

5

13

10

RECEIVED

48

58

98

ANSWERED

40

61

73

PENDING

13

10

35

OVER 20 DAYS

0

0

0

APR

MAY

3688

JON

JUL

AUG

SEP

OCT

NOV

DEC

LITIGATION
JAN

FEB

MAR

CASES RECD

12

11

7

CASES CLOSED

12

5

11

HABEAS CORPUS

7

7

2

BIVENS

3

2

2

FTCA

2

2

0

OTHER

0

0

3

12

11

7

1

4

2

0

0

1

LIT

REPOR~S

HEARINGS/

APR

MAY

JON

JUL

AUG

SEP

OC~

NOV

DEC

TRIALS
SETTLEMENTS/
AWARDS

CASES WITH BEARmGS OR TRIALS
PCl: THREE RIVERS

Freddie Castillo v. USA, (SD/TX, C.A. No. C0990495).
A telephonic Spears (evidentiary) hearing was conducted on March
9, 2000, before Judge Ellington. The inmate is seeking good time
credit and monetary compensation for a chair press he alleges he
"invented" while he was employed by UNICOR. The Judge gave the
inmate another opportunity to withdraw his complaint. However,
the inmate advised the Judge he wants' to pursue his suit.
FCl EL RENO

Gregory Cook v. U.S.A. This FTCA case, which was brought by an
FCI El Reno inmate who claimed staff negligence during the 1995
disturbance caused his property loss, has been settled for
$500.00, at a pre-trial hearing. The Uoffer" was made after the
judge pressured the government into settlement.
Also, see CRr.NiNAL MATTERS AND PROSECUTIONS heading.
CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

2

3689

(

None

b.

Tort

Cla~

settlements

None

c.

Other settlements

Also, see CASES

~TB

BEARINGS OR TRIALS heading.

SIGNIFICANT CASES
FCI BASTROP

(

.......

Schrader v. USA (originally styled Schrader v. Sandoval), (WD/TX,
A-97-CA-896-SS). This case was originally a civil rights
complaint filed against a USPHS officer assigned to Bastrop as a
physician assistant. The plaintiff alleged that the defendant
conducted a rectal examination in a brutal manner, thus
inflicting cruel and unusual punishment upon him. The United
States moved to substitute the U.S. as defendant on the ground
that 42 USC Section 233(a) precluded the filing of a civil rights
complaint against a PHS officer. The District Court denied the
motion to substitute, reasoning that Section 233{a) only applies
to common-law torts, not civil rights violations. The United
States appealed, and the Fifth Circuit reversed (See Schrader v.
Y§a, Case No. 98-51036, November 23, 1999), agreeing that Section
233(a) applied to both common-law torts and civil rights
violations. The United States moved to be substituted as the
defendant and for the case to proceed under the FTCA. The
District Court granted the motion, the United States moved to
dismiss for lack of subject-matter jurisdiction insofar as the
two-year limitations period for filing an administrative tort
claim had run, and the District Court granted the motion. The
Circuit Court opinion, although unpublished, is useful in its
explanation that Section 233{a) immunizes PHS officers from civil
rights suits.
FMC FORT WORTH

(

Jose Espinosa v. United States of America, et al., 4:99-CV-390-Y.
An inmate brought suit under the FTCA and Bivens to recover
damages for an injury sustained while the inmate was working at a
federal prison. In addition to claims regarding his work-related
injury, the inmate alleged the BOP was indifferent to his medical
needs arising from the work-related injury. The district court
3

3690

(~

..

upheld and supported the BOP's assertion that the exclusive
remedy for a federal inmate's work-related injury is under the
Inmate Compensation Act, 18 U.S.C. 4126 (for FTCA but not
Bivens). However, the only named defendants in the case were the
United States and BOP. Both styled actions were dismissed with
prejudice.
.

'"

Johnnie Yarborough v. United States, et al., (ND/TX, Case
No.3:99-CV-363BN). In this FTCA wrongful death case, legal staff
provided assistance to the AUSA by scheduling teleconferences
with several medical staff who were' involved in the care of
Julian Yarborough (deceased).
The teleconferences were held on
March 28, 2000, at FCI La Tuna and March 29, 2000, at FMC Fort
Worth. A mediation conference is scheduled for April 13, 2000.
S:tGNIFlCAN!l' TORT CLAIMS
FCI Bi.g Spring

b4.C,

(

....

Perez. In this administrative tort claim,
a civilian, claims that she stepped in a hole located in the play
area and fractured her right ankle while visiting her inmate
father. She is requesting compensation in the amount of
$78,857.00.
(T-SCR-OO-010)
SIGNII'ICAN!l' ADMINISTRATIVE REMEDIES

FMC Carswell inmate has filed an Administrative Remedy
requesting an exemption from cross gender pat searches. She
based her request on self-reported psychological distress. She
also stated her religious convictions as a Muslim should ·preclude.
her from cross gender pat searches. The request was denied as
the inmate'S situation did not rise to the level necessary for
such an exemption.
An

UPCOMING ~S OR BEARINGS

U.s. y. Kennard. A Motion for Commitment Hearing has been filed
pursuant to 18 U.S.C. § 4245 in the Northern District of Texas.
The hearing date is pending.
FeI OAKDALE

{

Kennedy v. USA.
(WD/LA, Case No. 96-0835). As reported in last
month's report, a trial is set for April 17, 2000. This FTCA

\.

4

3691

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None
TORT CLAIMS

None
RELIGIOUS FREEDOM RESTORATION ACT

See SIGNIFICANT ADMINISTRATIVE REMEDIES heading.
LITIGATION

None
TORT CLAIMS

None
PRISON LITIGATION REFORM ACT ORDERS

None
(

SITUATIONS OF INTEREST
FCC BEAUMONT

On March 14-17, 2000, the Securities and Exchange Commission
~1C/
(SEC) conducted a securities l~
'
ns
vocation and asset
LI
disgorgement hearing on inmate
currently housed at
the USP Beaumont satellite camp. Atten ~ng the hearing were an
. SEC administrative law judge, an SEC Trial Attorney, an SEC
Paralegal, an SEC intern, a court reporter, and inmate Turner.
The hearing took place in the camp visiting room during nonvisiting hours.
FCC Beaumont's Legal Department staff assisted
the SEC by coordinating all aspects of the hearing, providing
some security coverage for the hearing in conjunction with the
inmate's unit staff, and coordinating the inmate's access to
various voluminous documents presented as evidence at the
hearing.
Both the SEC staff and the administrative law judge
were extremely complimentary of the hearing procedures, the
professionalism of FCC Beaumont staff, and the environment in
which the hearing took place.
FCI FORREST CITY

On March 3, 2000, at approximately 10:13 p.m., staff reported
inmate"missing during the 10:00 p.m. camp count.
Internal
6

3692

Y.J~

and external searches were conducted with negative results.
FBI and U.S. Marshals have been notified.

The

:&'HC FORT WORTH

On March 29, 2000, Al Munguia and Karen Summers assisted the
Warden of FCI Seagoville by providing a tour of the institution
for Judge A. Joe Fish of the United States District Court for
Northern District of Texas and six members of his staff.
James Matlock v. United States. (CD/CA, Case No. 98-758). Legal
staff provided substantial assistance in preparing for and
participating in the deposition which was held on March 30, 2000.
This is an FTCA action regarding dental care.
FOC HOUSTON

('
'"

On March 14, 2000, FOC Houston declined to accept two u.s.
Marshals' inmates because of the inmates' inability to physically
perform basic daily functions for themselves.
One of the inmates
was tIIIIIIIIIIIII a pretrial inmate returning from a court
orde~FMC Rochester. On March 15, 2000, FOC Houston
staff first learned of a court order signed by J U dEin
ge.
Werlein on January 20, 2000, which directed that when
~as
incarcerated in Houston, he was to be housed solely at
Houston. That same day, after learning more about ~
functioning deficiencies and the resulting care he requ1res, FOC
Houston staff met with Judge Werlein, defense counsel, and
prosecuting officials. After being apprized of the absence of a
medical housing unit and 24-hour medical staffing, Judge Werlein
granted a~ed emergency motion for the u.S. Marshals' to
transport~ to an a p . _ o'ate Federal Medical Center.
Pursuant to that order,
was redesignated to FMC Rochester
where de~fse
counsel will travel to orchestrate a plea, thereby
limiting
future stay in one of the Marshals' contract
facilities, w 1C~ in the past has only been able to retain~
restored competency for brief periods of time.
FCI TEXARKANA

(

Inmate
was scheduled to be released via GeT on
February 14, 2000; however, he refused to sign the Agreement to
Adhere to an Installment Schedule for his committed fine.
He
remains in custody pending his payment of the fine in full or
until he signs the form.
This inmate claims to be a citizen of
the Republic of Texas and claims that the laws of the United
States do not apply.

7
3693

,~-,~

FC]: THREE RIVERS

On March 16, 2000, approximately 35 Criminal Justice students
from the Corpus Christi Campus of Texas A & M University toured
the institution.
CR~XNAL

HATTERS AND PROSECUTIONS

FCI BEAUMONT (LOW)

On March 18, 2000, inmate
assaulted a Cook
Foreman by striking the Cook Foreman on top of the head with a
cardboard box while the Cook Foreman was searching inmates who
were exiting the F~epartment. Neither the Cook
Foreman nor inmate1lllllllllllJsustained any injuries.
FCI. BIG SPRING

(

On March 7, 2000, a grand jury in Lubbock, Texas, returned a 12
count indictment against the 11 inmates involved in the June 1999
disturbance. All 11 inmates were charged with Rioting, nine had
an additional charge of Assault Resulting in Serious Bodily
Injury, and two had an additional charge of Possessing Contraband
in Prison.
FMC FORT WORTH
Randy Gene Yost, an FMC Fort Worth inmate, was sentenced on
March 3, 2000, pursuant to Title 18 USC 1111, Second Degree
Murder, to 210-months. The inmate had thrown hot water on
another inmate allegedly over a gambling debt. The victim died
over medical complications. The sentence imposed shall run
consecuti ve to a·ny remaining undischarged term of imprisonment he
is currently serving.
FTC OKLAHOMA CITY

(

Former Correctional Counselor Breavess McBride was found guilty
on all 11 counts of sexual misconduct on March 23, 2000. There
were five 20-year counts under 18 U.S.C. § 2242(1), Caused to
Engage in Sex Act by Threat and Fear; five 3-year counts under 18
U.S.C. § 2244(a) (2), Intentional Touching of Genitalia by Threats
and Fear; and one I-year count under 18 U.S.C. § 2243(b), Sex Act
With a Inmate in Official Detention and Under Custody of
Defendant. Mr. McBride is facing a maximum sentence of 116 years
and $2.75 million in fines. A sentencing date has not been set.
On a side note, Mr. McBride was previously offered and accepted a
8

3694

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p le a a greement which provided f or 3 years incarceration ; howeve r,
during the hearing before Judge Robin Ca uthron , Mr . McB r ide
contested the fact ual allegations and the plea agreement was set
aside.
The r efore , the case was tried.
PERSONAL ISSUES

\ole
Scheduled Annual/Sick Leave:

-

(....

April 7

-

An nu a l Le ave

April 7

-

Annu a l Le ave

- April 12&13

- Annua l Leave

- April 14

- Ann u al Leave

- April 14 - 21

- Annual Leave

-

- Annual Leave

April 17 - 21

-

- April 27 - 28

Annu al Leave

Other Scheduled Absence s :

-

April 3-7

- Oakd a l e rc p

-

Ap r il 11

-

(
9

3695

J u ry Duty