Fbop Scr Monthly Reports 2000may-jul

• Topics: Court Access, BOP Litigation Reports

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

Dallas, Teras 75219

. June 9, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWlNE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJEcr:

Monthly Report - May 2000

ADMINISTRATIVE REMEDIES

(

RECEIVED
ANSWERED

JAN

FEB

MAR

APR

HAY

227
105

220
132

304
162

219
182

255
169

JUN

JUL

AUG

SEP

OCT

NO
V

DEC

TORT CLAIMS
PENDING
RBCEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
257
61
62
256
0

FEB
256
76
62
270
0

MAR
280
53
82
251
0

APR
261
46
40
267
0

MAY
279
70
82
267

JON

JUL

AUG

SEP

OCT

NOV

DEC
,/

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

JAN
5
48
40
13

FEB
13
58
61
10

MAR
10
98
73
35

APR
35
81
71
45
0

MAY
45
74
88
31
0

( I

LITIGATION

3406

JON

JUL

AUG

SEP

OCT

NOV

DEC

(

CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

JA
N

FE
B

12
12
7
3
2
0
12

11
5
7
2
2
0
11
4

11
2
2
0
3
7
2

9
13
6
2
0
1
10
2

MA
Y
24
15
16
6
1
1
12
1

AP
R

SE
P

CASES WITH BEARINGS OR TRIALS

FIle FORT WORTH
United States of America, (USDC/ND/TX).
On May 17-18, 2000, a trial was held in this FMC Fort Worth case
at which the plaintiff alleged negligent medical care, failure to
diagnose, and delay in medical care of his knee and back. The
court found at the conclusion of the final argument that (i) the
conduct of the BOP, its agents, employees and representatives did
not fall below the appropriate standard of care; (ii) the conduct
of the BOP was riot a proximate cause of injury or ~amage to the
plaintiff; (iii) the BOP, its agents, employees and
representatives were not negligent in furnishing medical care to
the plaintiff; and (iv) the defendant was entitled to judgement
as a matter of law, in that the plaintiff did not present
sufficient evidence to prosecute or support his claims of medical
negligence.

Brian Maurice Fuller v

Also, see CRIMINAL MATTERS AND PROSECUTIONS heading.
CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

FCI EL RENO
Baker v

Fleming, (USDC/WD/OK). As previously reported, this is
a 3621(e) case wherein the district judge stayed the proceedings
pending the Tenth Circuit Court of Appeals' ruling in Ward y
Booker. The district judge recently took note of the ~
decision and found that the case controlled Baker. As a result,
we have been directed to give petitioner Baker "individualized
consideration" for 3621(e) early release using the sentencing

3407

(

enhancement as "only one factor."
Kenneth JoneS yAM Flowers, (10th Cir., April 13, 2000).
The
appellate court affirmed the district court decision (WD/OK) in
this previously reported case. The district court found that it
was impermissible to deny a 3621(e) early release to the
petitioner based upon his 2-pt . firearm sentencing enhancement .
Our recommendation for an appeal in this case was disapproved by
OGC.

Albert ,John Clark ITT y r. E Fleming, (10th Cir., May 1, 2000).
The appellate court affirmed the district court decision (WD/OK)
in this previously reported case.
The district court found that
it was impermissible to. deny a 3621(e) early release to the

The previously reported McOltchen administrative tort claim has
been settled for $175.
In this case, the inmate/claimant was
injured when her wheelchair tipped over while on an escorted trip
to an outside hospital .
(T-SCR-99-526)

Other settlements

None
SIGNIFICANT CASES
FCI BASTROP
Vas~lez

Y Miles, (USDC/WD/TX).
The petitioner raises a number
of grounds in support of his claim that he has been wrongly
denied early release pursuant to 18 USC §3621(e).

Garza -GlIi 1 1 en y
FJ emi ng et al , (USDC/WD/TX).
In this matter,
th
the court dismissed the 8 Amendment claim . This constitutional
claim was based upon deliberate indifference allegedly
demonstrated by a number of employees and private practitioners
with regard to medical care.
The court declared that since the
alleged injury occurred while the plaintiff was at his UNICOR job
assignment, the IACA was the exclusive remedy for the allegedly
improper medical treatment that followed.
Thus, the court ruled
that it was without Subject-matter jurisdiction. Additionally,
the court found that all of the BOP employees were entitled to
qualified immunity.

FCI FORREST CITY

3408

Fj elds y United States, (USDC/ED/ARK).
In this previously
reported ABA & UFAS case, the court ruled in our favor . The
court dismissed the case for lack of exhaustion (a jurisdictional
basis), thereby precluding him from needing to address the
merits.
The court believed that Fields should have completed his
administrative remedies with the BOP as well as the Architectural
Transportation 'Board procedures, before filing suit.
FMC FORT WORTH
Claudia Riley

personal

Representative of the Estate of James

Bert McDougal
y Wilfrpnn F'plici"nn et al , (USDC/ND/TX).
Plaintiff Claudia Riley, the personal representative of the
estate of former inmate James McDougal, filed a Bjyens/FTCA
wrongful death claim.
The plaintiff alleges that FMC Fort Worth
staff failed to take appropriate action in placing inmate
McDougal in a dry cell when they knew he could not produce a
urine sample. The plaintiff alleges staff failed to provide
inmate McDougal's medication while he was in the Special Housing
Unit. Also, the plaintiff alleges that staff failed to respond
to inmate McDougal's complaints that he was dizzy and short of
breath, and that they failed to administer McDougal's prescribed
medication.

(
'"

Ernesto Garcja-Olyera v IIDjted States, (USDC/ND/TX).
This case
is a medical negligence/FTCA matter which arises out of
and fall case.
a-Olvera is a 55
inmate.

alleges the BOP failed to
appropriate manner, thereby causing
yarborough y Unjted States et al , (USDC/SD/MS).
In this
previously reported wrongful death case, last week's $140,000 and
this week's $100,000 settlement offers were denied.
We will ask
for an Order of Judgment for $40,000-45,000, in accordance with
Rule 68.
Depositions began in June.
FCI TEXARKANA
Mj chael ,Joseph Kearns y N r. Conner, (USDC/ED/TX).
The inmate
refuses to sign the "Agreement to Adhere to an Installment
Schedule" for his corrunitted fine.
As a result, he was not
released on his release date of February 14, 2000.
He has filed
suit requesting an irrunediate release.

SIGNIFICANT TORT CLAIMS

3409

Anthony Hester a BML inmate who alleges that, as a
result of unspecified retaliatory acts by the SCR Regional
Designator, he missed several litigation deadlines in state civil
cases, resulting in their dismissal. He claims that as a result
of these dismissals, he has been unable to collect on debts owed
to him. As a result, he alleges, this has prevented him paying
debts he owes. He seeks $4,030,000 in compensation.
(T-SCR-2000-01013)
Hester.

Morales-Reyes. BIG inmate Jose Morales-Reyes states that during
the June 1999 disturbance, staff discharged shotguns loaded with

lead buckshot, and he was shot in the back.
in compensation.
(T-SCR-00-00372)

He seeks $200,000.00

BIG inmate Apolonio Encizo-Estrada states that
during the June 1999 disturbance, staff discharged shotguns
loaded with lead buckshot and he was shot near his heart and in
the "crook" of his left arm. He seeks $200,000.00 in
compensation. (T-SCR-00-00374)

Bncjzo-Bstrada.

SIGNIPICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
/'

(

DC PORT WORTH

y
IInited States of America V IISA (USDC/CD/CA). A
settlement conference was held on June 2, 2000, in this USP
Lompoc case. To assist the AUSA, FMC Fort Worth legal staff
facilitated a telephonic conference in the case. The plaintiff
alleges negligent dental care by BOP staff, and some liability
concerns have been raised.

Matlock

MEDICAL MALPRACTICE
LITIGATION
See SIGNIPICANT CASES and UPCOMING TRIALS OR HEARINGS headings.
TORT CLAIMS
None
ENSIGN AMENDMENT

None
LITIGATION

3410

None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCC BEA1lKONT
At approximately 4:00 a.m. on June 1, 2000, an apparently drunken
driver sped past the stop sign at the FCC Beaumont complex
entrance. His car struck a curb, became airborne, and passed
through the complex entrance sign, tearing the steel sign out of
its frame. His car passed through the steel frame and struck a
street light pole approximately 20 feet behind the entrance sign
with sufficient force to wrap the sign around the pole. The car
was damaged to the extent that local law enforcement and EMS were
required to cut the driver out of the vehicle. The driver was
immediately transported to a local hospital. We are currently
awaiting word of the driver's identity and medical condition.
The Facilities Department estimates approximately $1,200 in
repair costs for the curb, landscaping, and sign.
FMC FORT WORTH
Albert Lipscomb, former Dallas City Councilman, and former
pre-trial inmate at FMC Fort Worth, was sentenced on April 27,
2000, to a 40-month home confinement term. Lisa Sunderman,
Deputy Regional Counsel, attended the trial and assisted the
AUSA.

mc BOUSTON
\,...

On May 19, 2000, Mervyn Mosbacker, United States Attorney for the

3411

Southern District of Texas, toured FDC Houston. Mr. Mosbacker,
and the four members of his staff who accompanied him, had
favorable comments about the facility and staff.
CRIMINAL MATTERS AND PROSECUTIONS
USP BEAmlONT
The trial of inmate Vicente Medina,. which was originally
scheduled to begin on May 16, 2000, has been continued to
July 11, 2000. Inmate Medina is being tried for assault with
intent to commit murder in connection with his assault on inmate
Donald Jermosen on March 31, 2000. Inmate Medina used a
sharpened instrument (of unknown type) in the assault. Inmate
Jermosen sustained multiple abrasions and puncture wounds, none
of which were life-threatening.
FCl BEAUMONT (MEDITlK)

(

Inmates Jose Gamez-Reyes, Jose Jaramillo-Hernandez, and Radney
Montgomery-Castillo were sentenced on May 19, 2000. As
previously reported, inmate Montgomery-Castillo pled guilty to
assault with a dangerous weapon and assault causing serious
bodily injury on February 14, 2000. The remaining inmates were
convicted on the same charges on February 17, 2000, after a three
day trial and approximately 45 minutes of jury deliberation. The
three inmates had used baseball bats to assault a fourth inmate
on the recreation yard.
Inmate Montgomery-Castillo received a 105 month term. Inmates
Gamez-Reyes and Jaramillo-Hernandez received 115 month terms.
All sentences were ordered to run .consecutive to the sentences
each inmate is currently serving. All but one of the sentences
were at the top end of the sentencing guideline range for the
offenses for which the inmates were convicted.
FCl BIG SPRING

On April 27, 2000, all 11 inmates involved in the June 1999
disturbance pled guilty to one count of Rioting. The sentencing
date is pending.
FCl EL RENO

On May 24, 2000, former Food Service worker Ha Le was sentenced
to a 27-month term of imprisonment for Possession of Marijuana
with Intent to Distribute and Possession of Cocaine with Intent
to Distribute. Ha Le has been ordered to surrender to the United
States Marshal on June 19, 2000.
On May 10, 2000, inmate Darrell Hudec pled guilty to attempted
escape. He is scheduled for sentencing in this month. On

3412

~~~

June 12, 2000, inmate Hudec's co-defendant, James Penick, is to
be tried for the same incident.
FTC OKLAHOMA CITY
On May 24, 2000, Correctional Officer
was Charged\)(Q
and arraigned in federal
with engaging in sexual contact
with an inmate. Officer
was released on bond.

PCI THREE RIVERS
Inmate Saul Lopez-Hernandez was found guilty by a jury on
May 16, 2000, of assaulting a staff member. Sentencing is
scheduled for July 26, 2000. This inmate assaulted a staff
member in the dining hall during the noon meal.
PERSONAL ISSUES

Paula Champion, former FMC Carswell Legal Instruments Examiner,
resigned effective June 9,2000.
Scheduled Annual/Sick Leave:
- June 15-16

- Annual Leave

- June 15-20

- Annual Leave

Other Scheduled Absences:

- June 5-16

- Paralegal Training

- June 12-16

- House Hunting Trip

- June 19-23

- General Counsel
Meetin~

3413

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

Dallas, Texas 75219
June 22, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWlNE
ASSISTANT DIRECTOR/GENERAL COUNSEL
Counsel

FROM;

Monthly Report - May 2000

SUBJECT:

ADKINISTRATrvE REMEDIES
JAN

lIAR

MAY

UCZIVZD

227

220

304

219

~S5

ANSWBJUm

105

132

162

182

169

JON

JUt,

AtJ(J

SBP

OCif

NOV

DBC

TORT CLAIMS
JAH

I'D

DIl

APR

KAY

PENJ):tHCI

257

256

280

261

279

RBCBIWD

AHSWBRBl)

PENDING

256

270

251

267.

267

OVER SIX MO

.roN

JUL

AUG

OC1'

lIOV

nBC

.roL

AUG

SIP

Oel'

NOV

nEC:

POI/PRIVACY
JAN

ria

MAR

.APR

MAY

PENDING

RBCBZWD

AHSWBR.8D

PBNJ)XNG

OVER 20 nAYS

3387

JCH

(

Ll:'1'IGATION
JAN

I'D

CASES DCD

CUBS CLOszn

D.BBAS CORPUS

API.

KAY

BrY'BN'S

no.

O'rBlR

LIT REPORTS

HBAlt%HGS/

ImR

JtrL

AUG

SBP

OCT

NOV

!lze

'fRXAt.S

SBftLDBH"1'S/
AWJUU)S

CASES WITH HEARINGS OR TRIALS

FORT WOR.TH

Brian Maurice Fuller v. United StAtes of America, (USDC/ND/TX).
On May 17-18, 2000, a trial was held in this FMC Fort Worth case
at which the plaintiff alleged negligent m~dical oare, failure to
diagnose, and delay in medical care of his knee and back. The
court found at the conclusion of the final argument that (i) the
conduct of the BOP, its agents, employees and representatives did
not fall below the appropriate standard of care; (ii) the conduot
of the BOP was not a proximate cause of ~njury or damage to the
plaintiff; (iii) the BOP, its agents, employees and
representatives were not negligent in furnishing medical care to
the plaintiff; and (iv) the defendant was entitled to judgement
as a matter of law, in that the plaintiff did not present
sufficient evidence to prosecute or support his claims of medical
negligence.
Also, see CRZ~NAL MATTERS AND PROSECUTIONS heading.
CASES WITH SEttLEMENTS OR AWARDS

(
'-

Aciverse judgments

3388

J'C% EL RENO

Baker v. Fleming, (USDC/WD/OK). As previously reported, this is
a 3621(e) case wherein the district judge stayed the proceedings
pending the Tenth Circuit Court of Appeals' ruling in Ward v,
Booker.
The district judge recently took note of the ~
decision and found that the case controlled Baker. As a result,
we have been directed to give petitioner Baker "individualized
consideration H for 3621(e) early release using the sentencing
enhancement as "only one factor."
Kenneth Jones v. A. M. Flowers, (10th Cir., April 13, 2000). The
appellate court affirmed the district court decision CWO/OK) in
this previously reported case. The district court found that it
was impermissible to deny a 3621(e) early release to the
petitioner based upon his 2-pt. firearm sentencing enhancement.
Our recommendation for an appeal in this case was disapproved by
OGe.

Albert John Clark III v, L. E. Fleming, (lOch Cir., May 1, 2000).
The appellate court affirmed the district court decision (WO/OK)
in this previously reported case. The district court found that
it was impermissible to deny a 3621(e) early release to the
petitioner based upon his 2-pt. sentencing enhancement. We plan
on not reoommending an appeal in this case for the reasons cited
by the Litigation Branch (OGe) in the above mentioned Jones case.
b.

Tort Claim settlements

The previously reported McCutchen administrative tort.' claim has
been settled for $17S~~ In this case, the inmate/claimant was
injured when her wheelchair tipped over while on an escorted trip
to an outside hospital.
(T-SCR-99-S26)
c.

Other settlements

None
S7GNiPiCANT CASES

FeJ: BASTROP

Vasquez

Miles, (USDC/WD/TX).

The petitioner raises a number

of grounds in support of his claim thac he has been wrongly
denied early release pursuant to 18 USC §3621(e).

(
\,

3389

(

Garza-Guillen v. Fleming. et al . , (USDC/WD/TX). ' In this matter,
the court dismissed the 8'· Amendment claim . This constitutional
claim was based upon deliberate ind~fference allegedly
demonstrated by a number of employees and private practitioners
with regard to medical care. The court declared that since the
alleged injury occurred while the plaintiff was at his UNICOR job
assignment, the IACA was the exclusive remedy for the allegedly
improper medical treatment that followed. Thus, the court ruled
that it was without subject-matter jurisdiction . Additionally,
the court found that all of the BOP employees were entitled to
qualified immunity.
Fcr FORREST CITY
Fields v. United States, (USDC/ED / ARK). In this previously
reported ABA & UFAS case, the court ruled in our favor. The
court dismissed the case for lack of exhaustion (a jurisdictional
basis), thereby precluding him from needing to address the
merits . The court believed that Fields should have completed his
administrative remedies with the BOP as well as the Architectural
Transportation Board procedures, before filing suit.
FMC FORT WORTH

(

Claudia Riley. Personal Representative of t he Estate of James
Bert McDougal. v. Wilfredo Feliciano . et al., (USDC/ND/TX).
Plaintiff Claudia Riley, the personal representative of the
estate of former inmate James McDougal, filed a Bivens/FTCA
wrongful death claim. The plaint~ff alleges that FMC Fort Worth
staff failed to take appropriate action in placing inmate
McDougal in a dry cell when they knew he could not produce a
urine sample . The plaintiff alleges staff failed to provide
inmate McDougal's medication while he was in the Special Housing
Unit . Also, the plaintiff alleges that staff failed to respond
to inmate McDougal's complaints that he was dizzy and short of
breath, and that they failed to administer McDougal's prescribed
medication.
Ernesto Garcia-Olvera v. United States , (USDC/ND/TX). This case
is a medical negligence/FTCA matter which arises out of a slip
and fall case . PI
Garcia-Olvera is a 55 year old FMC Fort

A settlement memorandum is being
prepared.
alleges the BOP failed to treat his leg
fracture in an appropriate manner , thereby causing his leg to be
amputated .
4

3390

Yarborough Y, United States et a1., (OSDC/SD/MS). In this
previously reported wrongful death case, last week's $140,000 and
this week's $100,000 settlement offers were denied. We will ask
for an Order of Judgment for $40,000-45,000, in accordance with
Rule 68. Depositions began in June.
pel 'l'EXARlCANA

Michael Joseph Kearns V, W, L. Canner, (USDC/ED/TX). The inmate
refuses to sign the IIAgreement to Adhere to an Installment
Schedule" for his committed fine. As a result, he was not
released on his release date of February 14, 2000. He has filed
suit requesting an immediate release.
SIGNXPICINT TORT CLAIMS

Hester. Anthcny Hester a BML inmate who alleges that, as a
result of unspecified retaliatory acts by the SCR Regional
Designator, he missed several litigation deadlines in state civil
cases, resulting in their 'dismissal. He claims that as a result
of these dismissals, he has been unable to collect on debts owed
to him. As a result, be alleges, this has prevented him paying
debts he owes. He seeks $4,030,000 in compensation.
(T-SCR-2000-01013)

Morales-Reyes. BIG inmate Jose Morales-Reyes states that during
the June 1999 disturbance, staff discharged shotguns loaded with
lead buckshot, and he was shot in the back. He seeks $200,000.00
in compensation.
(T-SCR-OO-00372)
Encizo-Estrad!. BIG inmate Apolonio Encizo-Estrada states that
during the June 1999 disturbance, staff discharged shotguns
loaded with lead buckshot and he was shot near his heart and in
the "crook n of his left arm. He seeks $200,000.00 in
compensation. (T-SCR-00-00374)
SIGNIFICANT ADMl:NI:STRA'rl:YI RBMEpl:ES

None
UPCOMING TRIALS OR HEARINGS
FMC FORT WORTH

Matlogk v. United States of America v. USA (USDC/CD/CA). A
settlement conference was held on June 2, 2000, in this USP
5

3391

(

Lompoc case.

To assist the AUSA, FMC Fort Worth legal staff
facilitated a telephonic conference in the case. The plaintiff
alleges negligent dental care by BOP staff, and some liability
concerns have been raised.

MEDICAL MAJ,PRACTICB

L%'l'IGATIOH
See SIGNIF+CANt CASES and UPCOMING TRIALS OR HEARINGS headings.

TORT CLAIMS
None
ENSIGN AMElmMEN'l'

None
LITIGATION'

None
TORT CLAIMS

None
RELIGIOUS lREEPOH RBSTORATION ACT
LITIGATION
None
TORT CLAIMS

None
PRISON LITIGATION REPORM ACT ORDERS

None
S7TUATIONS

INTEREST

FCC BEAOKONT

At approximately 4:00 a.m. on June 1, 2000, an apparently drunken
6

3392

driver sped past the stop sign at the FCC Beaumont complex
entrance. His car struck a curb, became airborne, and passed
through the complex entrance sign, tearing the steel sign out of
its frame. His car passed through the steel frame and seruck a
street light pole approximately 20 feet behind the entrance sign
with sufficient force to wrap the sign around the pole. The car
was damaged to the extent that local law enforcement and EMS were
required to cut the driver out of the vehicle. The ariver was
immediately transported to a local hospital. We are currently
awaiting word of the driver's identity and medical condi·tion.
The. Facilities Department estimates approximately $1,200 in
repair costs for the curb, landscaping, and sign.
FMC FOR.'!' WOR'l'H

Albert Lipscomb, former Dallas City Councilman, and former pretrial inmate at FMC Fort Worth, was sentenced on April 27, 2000,
to a 40-month home confinement term. Lisa Sunderman, Deputy
Regional Counsel, attended the trial and assisted the AUSA.

HOUSTON

On May 19, 2000, Mervyn Mosbacker, United States Attorney for the
Southern District of Texas, toured FOC Houston. Mr. Mosbacker,
and the four members of his staff who accompanied him, had
favorable comments about the facility and staff.
CR:tKINAA MATTBRS NiP PROSEetrr:tONS
USP BEAUMONT

The trial· of inmate Vicente Medina, which was originally
scheduled to begin on May 16, 2000, has been continued to
July 11, 2000. Inmate Medina is being tried for assault with
intent to commdt murder in connection with his assault on inmate
_ o n March 31, 2000. Inmate Medina used a
.
~ment(of unknown type) in the assault. I~te
tllllllllasustained multiple abrasions and puncture wounds, none
~were lif~-threaten1ng.
Fe]: BEAUXONT (HBDltDI)

Inmates Jose Gamez-Reyes, Jose Jaramillo-Hernandez, and Radney
Montgomery-Castillo were sentenced on May 19, 2000. As
previously reported, inmate Montgomery·castillo pled guiley to
assault with a dangerous weapon and assault causing serious
bodily injury on February 14, 2000. The remaining inmates were
convicted on the same charges on February 17, 2000, after a three
7

3393

(

day trial and approximately 45 minutes of jury deliberation . The
three inmates had used baseball bats to assault a fourth inmate
on the recreation yard.
Inmate Montgomery-Castillo received a 105 month term.
Inmates
Gamez-Reyes and Jaramillo-Hernandez received 115 month terms.
All ~entences were ordered to run consecutive to the sentences
each inmate is currently serving . All but one of the sentences
were at the top end of the sentencing guideline range for the
offenses for which the inmates were convicted.
FCI BIG SPRING
On April 27, 2000, all 11 inmates involved in the June 1999
disturbance pled guilty to one count of Rioting. The sentencing
date is pending .
Fcr EL RENO
On May 24, 2000, former Food Service worker Ha Le was sentenced
to a 27-month term of imprisonment for Possession of Marijuana
with Intent to Distribute and Possession of Cocaine with Intent
to Distribute. Ha Le has been ordered to surrender to the United
States Marshal on June 19, 2000.
On May 10, 2000, inmate Darrell Hudec pled guilty to attempted
He is scheduled for sentencing in this month. On
escape,
June 12, 2000, inmate Hudec's co-defendant, James Penick, is to
be tried for the same incident.
FTC OKLAHOMA CITY
On May 24, 2000, Correctional Officer
was charged
contact
and arraigned in federal court with engaging
with an inmate. Office ~ was released on bond.
Fcr THREE RIVERS
Inmate Saul Lopez-Hernandez was found guilty by a jury on
May 16, 2000, of assaulting a staff member.
Sentencing is
scheduled for July 26, 2000. This inmate assaulted a staff
member in the dining hall during the noon meal,
PERSONAL ISSUES

3394

. ltilOJ.

(
Scheduled Annual/Sick Leave:

- June 15-16

- Annual Leave

- June 1.5-20

- Annual Leave

Other Scheduled Absences:

- June 5-16

- Paralegal Training

- June 12-16

- House Hunting Trip
- General Counsel
Meeting

- June 19-23

(

(
9

3395

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

Dallas, Teras 75219

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

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - June 2000

ADMINISTRATIVE REMEDIES
RBCBIVED
ANSWERED

JAN

FEB

MAR

APR

MAY

JON

227
105

220
132

304
162

219
182

255
169

329
203

JUL

AUG

SEP

OCT

NO
V

DEC

TORT CLAIMS
JAN
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

257
61
62
256
0

FEB
256
76
62
270
0

MAR
280
53
82
251
0

APR
261
46
40
267
0

MAY
279
70
82
267
0

JON

JUL

AUG

SEP

OCT

NOV

DEC

AUG

SEP

OCT

NOV

DEC

290
72
70
292
0

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

JAN
5
48
40
13
0

FEB
13
58
61
10
0

MAR
10
98
73
35
0

APR
35
81
71
45
0

MAY
45
74
88
31
0

/LITIGATION

3448

JON

31
84
62
53
0

JUL

CASES RECD
CASES CLOSED
HABEAS CORPUS
B:IVENS
FTCA
OTHER
L:IT REPORTS
HEARINGS/
TR:IALS
SETTLDENTS/
AWARDS

JA
N

12
12

11
5

3
2
0
12
1

2
2
0
11
4

MA
R
7

11
2
2
0
3
2

13
6
2
0
1
10
2

24
15
16
6
1
1
12
1

N
10
7
6
2
2
0
7
0

AU
G

SE
P

OC
T

NO
V

DE
C

CASES WITH BEARINGS OR TRIALS
FMC

CARSWELL

Imite d States.
A settlement conference was held in
this FTCA suit on June 29, 2000. Inmate Barrett (currently at
FPC Bryan) alleges she fell off an upper bunk, and her back and
left leg were not treated by medical staff in a timely manner.
No settlement was reached at the conference.

Barrett V

(

Also, see CRIMINAL MATTERS AND PROSECUTIONS heading.

CASES WITH SETTLEMENTS OR AWARDS
a.

Adverse judgments

FCl EL RENO
L E Fleming.
In this RDAP case, the Tenth
Circuit Court of Appeals affirmed the ruling of the District
Court (WO/OK) that it was improper for the BOP to deny an early
release due to a two-point sentencing enhancement. We are
awaiting word from OGC as to whether further appeals are
authorized.
Steve Schardein V

In this RDAP case, the
District Court (WO/OK) directed that the BOP give the petitioner
individualized reconsideration" for early release pursuant to
ward V Booker. We are awaiting word from OGC as to whether
further appeals are authorized.
Allen J

Brooks V

Flemjng.

Steven Baker V L E Flemjng.
In this RDAP case, the District
Court (WO/OK) directed that the BOP reconsider the petitioner
for early release pursuant to Ward V Booker. We are awaiting
word from OGC as to whether further appeals are authorized.

3449

(

FMC PORT WORTH

Jonnje A Yarborough, Administratrix of the Estate of ~l]jan
Barnett Yarhorough Jr
Deceased, et al v
United States Of
Amerjca et al. In this previously reported wrongful death case,
I

a settlement offer of $25,000 was accepted by the plaintiffs and
is pending signatures.
b.

Tort Claim settlements

None
c.

Other settlements

None
SIGNIFICANT CASES
FCl EL RENO

Cathcart V Unjted States Bureau of Prisons. On May 4, 2000, the
United States Court of Appeals for the Tenth Circuit issued an
opinion in this case. The petitioner was borrowed from state
custody via a writ of habeas corpus. At the conclusion of the
federal proceedings, he remained in federal custody due to an
administrative error. Once the error was discovered, petitioner
was immediately returned to state custody. Petitioner alleged he
was being made to serve his federal sentence in installments.
Further, he disputed the BOP's refusal to grant prior custody
credit on his federal sentence for the time he was on writ and
erroneously in federal custody. Lastly, the petitioner sought
his sentence to be run concurrently, since the sentencing court
was unaware of the state's pending charges.

The appellate court stated that petitioner received credit toward
the service of his state sentence for the time he was in federal
custody and cited 18 U.S.C. 3585(b) as the statute prohibiting
double credit. The appellate court ruled that since the
sentencing court did not affirmatively order concurrent
sentences, the sentences were appropriately run consecutively.
The appellate court further decided petitioner was in the same
position he would have been had he served the full state sentence
in state custody.
FMC FORT WORTH

Ernesto Garcia-Olvera v IInjted States.
Inmate Garcia-Olvera,
presently incarcerated at FMC Fort Worth, filed this case
pursuant to the FTCA alleging negligence by the BOP in treating
him for a fracture to his left ankle caused when he allegedly

3450

(

slipped and fell on wet concrete steps leading to the recreation
facility on or about August 15, 1997. On September 1, 1997, the
plaintiff re-injured his ankle, and his non-displaced fracture
became a displaced fracture.
There were complications and
surgery was
Eventually, his leg below his knee was

CrOSb:! r. Powell et aJ v TInHed States of America, et aJ.
(U . S . C.A. 5 th Cir.). We assisted the U . S. Attorney's Office
(USAO) by providing them with information for its Response to
Plaintiffs' Motion Requesting a Court Order Directing the
Defendants to Allow Legal Correspondence Between the Co-Plaintiff
Parties.
Karen Summers provided information regarding the
plaintiff/inmates' allegations that legal mail had been rejected,
thus interfering with their correspondence in a criminal case in
which they were co-defendants. The court required a response to
these allegations.
We provided the USAO with documentation that
the plaintiff/inmates' correspondence had been previously
approved by the BOP .
.

McGujre V IInited States .
In this wrongful death case, a court
ordered mediation hearing was scheduled to be held on June 23,
2000; however, the hearing was postponed because the Plaintiff
arrived early and did not wait until the hearing commenced at
10:30 a.m. The hearing will not be rescheduled
the Court
rules on the United States '

FCC OAKDALE
HenSOn y
TT S
Bureau of prj sons . The U.S. Court of Appeals for
the Fifth Circuit affirmed the District Court's (WD/LA) dismissal
of inmate Thomas Henson's 2241 petition. Henson was found to
have a tobacco pipe containing a residue which tested positive
for marijuana.
Disciplinary proceedings were instituted against
Henson, and he requested a urinalysis . The urinalysis came back
negative, and Henson requested a retest of the pipe at his own
expense.
That request was denied, and after a hearing, he was
found to have possessed marijuana and lost 14 days good time
credit. Henson 's habeas petition challenged the denial of his
request to retest the pipe . The appellate court affirmed the
lower court's decision stating that "Henson had no due process
right to retest the pipe. "
FCI THREE RIVERS

3451

(?'
'"

v IInjted States of America. On June 22, 2000, a
Magistrate Judge issued a R&R that recommended our summary
judgement motion be granted. In this FTCA case, former inmate
William Kennedy alleges he received negligent medical care while
he was housed at FCI Three Rivers.
Wjlliam Kenne d ¥

Shipley v Janet Reno.
Our summary judgement motion was granted
on June 16, 2000. This was'a Bivens case in which the inmate
claimed deliberate indifference by FCI Three Rivers' medical
department with regards to the treatment of his eyes. The inmate
still has a separate FTCA suit which raises the same allegations.

SIGNIFICANT TORT CLAIMS
FCI OAlmALE
, a former BOP employee, filed a claim
for $4,OOO,~ alleges his supervisor did not follow
medical restrictions issued by Gassiott's phYSician, causing
Gassiott to suffer a stroke. (TRT-SCR-2000-00384)
Gassl ott.

'olct

FCI TEXARltAHA

Kenemore. lnmat
claims he was placed in the ~lC
SpeCial Housing Unit and forced to live with an inmate who had
Hepatitis C. He claims he had to share toilet facilities with no
hot water or disinfectant. He claims the cell was only cleaned
once during his stay. He also alleges there were three days in
which there was no ventilation. He requests $500,000 for
personal injury. (TRT-SCR-2000-01650)
SIGNIPICANT ADMINISTRATIVE REMEDIES
Several FMC Carswell inmates have filed administrative remedies
alleging they were exposed to hazardous levels of lead on their
job assignments.
UPCOMING TRIALS OR BEARINGS
See CRIMINAL MATTERS AND PROSECUTIONS heading.
MEDICAL MALPRACTICE
LITIGATION
See SIGNIFICANT CASES and CASES WITH SETTLEMENTS OR AWARDS
headings.

3452

TORT CLAIMS
None
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
('
l"

None
'I

•

SITUATIONS OF INTEREST
FCI EL RENO and FTC OICLABOMA CITY
Tim Roberts and An Tran attended a Civil Division meeting at the
USAO on June 29, 2000.
FDC BOUSTON
On June 8, 2000, Anthony Davis, Intelligence Operations Officer,
testified in the capital sentencing phase of U S V Chrjstophe r
Andre Vjalya, et al , (WD/TX). Mr. Davis' testimony concerned
matters associated with the incarceration of inmate gang members.
The jury returned with a sentence of death for both defendants.
FCI TEXARKANA

(

Inmate Michael Kearns is being incarcerated past his scheduled
release date for his refusal to sign an Agreement to Adhere to an
Installment Schedule for a committed fine. His scheduled release
date was February 14, 2000. We recently filed our response to
his civil action. A Report and Recommendation is pending.

3453

(

Former employee Tina Troxler was deposed by AUSA Dane Smith in
connection with her defamation suit against the BOP and her
former BOP supervisor.
CRIMINAL MATTERS AND PROSECUTIONS
USP BEAllHONT
The trial of inmate Vicente Medina, which was originally
scheduled for May 16, 2000, and then continued to July 11, 2000,
is now currently scheduled to begin on July 24, 2000. Inmate·
Medina is being tried for Assault With Intent to Commit Murder in
connection with his assault on inmate
on
March 31, 2000.
FCI BEAllHONT (LOW)

June 9, 2000, in the visiting room during normal visitation
hours, inmate Clarence Lee was discovered to be in possession of
'marijuana that was provided to him by his female vi~itor. Inmate
Lee was indicted on June 22, 2000.

FCI BIG SPRING

Presentence Investigation Reports are being received by the u.S.
Attorney's Office on the 11 inmates involved in the June 1999
disturbance.
FPC BRYAN

Inquiry con~inues into the possibly sexually abusive actions of
three FPC Bryan employees, one of whom remains on home duty
status. The other two have resigned their Bureau employment. No
prosecution of these individuals is foreseen, and administrative
action is under consideration.
FCI EL RENO

On June 12, 2000, the criminal trial of inmate James Penick was
conducted, and he was convicted of attempted escape.
FCl TEXARKANA
On May 11, 2000, a homemade knife was found in the air duct in

inmate Jose Herrera-Langarci's cell. Inmate Herrera-Langarci
admitted he possessed the weapon. On June 8, 2000, the USAO
accepted for prosecution the charge of Possession of a Weapon.
On May 25, 2000, inmate Samuel Chap failed to report to a CCC on

3454

t>1~

(

a furlough transfer from
has been issued.

Fer

Texarkana.
'

A warrant for his arrest

PERSONAL ISSUES

Scheduled Annual/Sick Leave:
- July 17-21

- Annual Leave

- July 17-28

- Annual Leave

July 24-28

- July 31-August 4

Other Scheduled Absences:

None

(

3455

- Annual Leave

(

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

Dallas, Tetas 75219
July 10, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - June 2000

ADMINISTRATIVE REMEDIES

RECEIVED
ANSWERED

JAN

FEB

MAR

APR

MAY

JUN

227
105

220
132

304
162

219
182

255
169

329
203

JUL

AUG

SEP

OCT

NO
V

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX )10

JAN
257
61
62
256
0

FEB
256
76
62
270
0

MAR

280
53
82
251
0

APR
261
46
40
267
0

MAY
279
70
82
267
0

JON

JUL

AUG

SEP

OCT

NOV

DEC

AUG

SEP

OCT

NOV

DEC

290
72
70
292
0

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

(

JAN
5
48
40
13
0

FEB
13
58
61
10
0

MAR

10
98
73
35
0

APR
35
81
71
45
0

MAY
45
74
88
31
0

LITIGATION

3420

JON

31
84
62
53
0

JUL

(
CASES RECD
CASES CLOSED
HABEAS CORPUS
BIVENS
FTCA
OTHER
LIT REPORTS
HEARINGS/
TRIALS
SETTLEMENTS/
AWARDS

JA
N

FE
B

12
12

2
2

2
2
0

AP
R

MA
Y

24
15
16

2
0
12
1

0
11
4

3
2

9
1.3
6
2
0
1
10
2

6
1
1
12
1

AU
G

SE
P

OC
T

NO
V

DE
C

10
7

6
2
2
0
7

0
1

CASES WITH HEARINGS OR TRIALS
FMC CARSWELL

Barrett v Imjted States.
A settlement conference was held in
this FTCA suit on June 2 9 , 2000.
Inmate Barrett (currently at
FPC Bryan) alleges she fell off an upper bunk, and her back and
left leg were not treated by medical staff in a timely manner.
No settlement was reached at the conference.
Als0 , see CRIMINAL MATTERS AND PROSECUTIONS heading .
CASES WITH SETTLEMENTS OR AWARDS

Adverse judgments

FCI EL RENO
Steve schardejn v L E Flemjng.
In this RDAP case, the Tenth
Circuit Court of Appeals affirmed the ruling of the District
Court (WO/OK) that it was imprope r for the BOP to deny an early
release due to a two-point sentencing enhancement . We are
awaiting word from OGC as to whether further appeals are
authorized.
A]]en II Brook s v r. E Flemjng . In this RDAP case, the
District Court (WO/O K) directed that the
the petitioner '
pt:lrflUiant to
.individuali z ed reconsideration" for

p':)

(

Steven Baker v To E Flemjng.
In this RDAP case, the District
Court (WO/OK) directed that the BOP reconsider the
release

3421

(

FMC FORT WORTH

Jonnje A Yarborough, Adminjstratrix of the Estate of Julian
Barnett yarborough J r , Deceased, et al v
Unjted States of
America, et al.
In this previously reported wrongful death case,

a·. seJ;tlE!ment offer of $25,000 was
is'p~~ding signatures~

accepte~'

by the plaintiffsanc:¥:-

"",;.

Tort

Cla~

settlements

None
c.

Other settlements

None
SIG~FlCANT

CASES

FCl EL RENO

(
'L-.....

Cathcart v
IInited States Bureau of Prj sons. On May 4, 2000, the
United States Court of Appeals for the Tenth Circuit issued an
opinion in this case. The petitioner was borrowed from state
custody via a writ of habeas corpus. At the conclusion of the
federal proceedings, he remained in federal custody due to an
administrative error. Once the error was discovered, petitioner
was immediately returned to state custody. Petitioner alleged he
was being made to serve his federal sentence in installments.
Further, he disputed the BOP'S refusal to grant prior custody
credit on his federal sentence for the time he was on writ and
erroneously in federal custody. Lastly, the petitioner sought
his sentence to be run concurrently, since the sentencing court
was unaware of the state's pending charges.

Ernesto Garcia-Olvera v
Imited States.
Inmate Garcia-Olvera,
presently incarcerated at FMC Fort Worth, filed this case
pursuant to the FTCA alleging negligence by the BOP in treating
him for a fracture to his left ankle caused when he allegedly

3422

(

slipped and fell on wet concrete ste ps leading to the
facility on or about August 15, 1997. On September 1
plaintiff re - injured his ankle, and his non-displaced
became a displaced fracture . There were complication,; auu
performed . Eventually, his leg below his knee was
This case was authorized for settlement (
administrative claim phase.

Crosby L Powell, et aJ y
United States of America et aJ.
(U.S.C.A. SCh Cir.) . We assisted the U.S. Attorney's Office
(USAO) by providing them with information for its Response to
Plaintiffs' Motion Requesting a Court Order Directing the
Defendants to Allow Legal Correspondence Between the Co-Plaintiff
Parties.
Karen Summers provided information regarding the
plaintiff/inmates' allegations that legal mail had been rejected,
thus interfering with their correspondence in a criminal case in
which they were co-defendants. The court required a response to
these allegations. We provided the USAO with documentation that
the plaintiff/inmates' correspondence had been previously
approved by the BOP.

(

MC@lire y
IIDited States.
In this wrongful death case, a court
ordered mediation hearing was scheduled to be held on June 23,
2000; however, the hearing was postponed because the Plaintiff
arrived early and did not wait until the hearing commenced at
10:30 a.m . The hearing will not be rescheduled until
ed

FCC OAKDALE
Henson y IT S Bureau Of Prisons. The U . S. Court of Appeals for
the Fifth Circuit affirmed the District Court's (WD/LA) dismissal
of inmate Thomas Henson's 2241 petition . Henson was found to
have a tobacco pipe containing a residue which tested positive
for marijuana . Disciplinary proceedings were instituted against
Henson, and he requested a urinalysis . The urinalysis came back
negative, and Henson requested a retest of the pipe at his own
expense . That request was denied, and after a hearing, he was
found to have possessed marijuana and lost 14 days good time
credit . Henson's habeas petition challenged the denial of his
request to retest the pipe. The appellate court affirmed the
lower court's decision stating that "Henson had no due process
right to retest the pipe. "

(

FCI THREE RIVERS

3423

(

Wjlljam Kennedy v United States of Amerjca. On June 22, 2000, a
Magistrate Judge issued a R&R that recommended our summary
judgement motion be granted. In this FTCA case, former inmate
William Kennedy alleges he received negligent medical care while
he was housed at FCI Three Rivers.
,lrin~t- Reno.
OUr sununary judgement motion was granted
on June 16, 2000. This was a Bivens case in which the inmate
claimed deliberate indifference by FCI Three Rivers' medical
department with regards to the treatment of his eyes. The inmate
still has a separate FTCA suit which raises the same allegations.

Ship] ey v

SIGNIPICANT TORT CLAIMS
FCI OAKDALE
- , a former BOP employee, filed a claim
for $4,000,~ alle:liilhiS
su ervisor did not follow
medical restrictions issued by
physician, causing
to suffer a stroke. (
O-0~384)
Gassjott.

1IIIIIIII
PCI

(
"

TEXARICANA

Kenempre.
Inmate
claims he was placed in the
Special Housing Unit and forced to live with an inmate who had
Hepatitis C. He claims he had to share toilet facilities with no
hot water or disinfectant. He claims the cell was only cleaned
once during his. stay. He also alleges there were three days in

which there was no ventilation. He requests $500,000 for
injury. (TRT-SCR-2000-01650)

perso~al

SIGNIPICANT ADMINISTRATIVE REMEDIES

Several FMC Carswell inmates have filed administrative remedies
alleging they were exposed to hazardous levels of lead on their
job assignments.
UPCOMING TRIALS OR BEARINGS

See

CRIMI~

MEDICAL

MATTERS AND PROSECUTIONS heading.

MALPRACTICE

LITIGATION

See SIGNIPICANT CASES and CASES WITH SETTLEMENTS OR AWARDS
headings.

3424

TORT CLAIMS
None
ENSIGN' AMENDMENT
None
LITIGATION'
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
(,.

None
SITUATIONS OF INTEREST
FCI EL RENO and FTC OKLAHOMA CITY
Tim Roberts and An Tran attended a Civil Division meeting at the
USAO on June 29, 2000.
FDC BOUSTON
On June 8, 2000, Anthony Davis, Intelligence. Operations Officer,
testified in the capital sentencing phase of U S V Chrjstopher
Andre Vialya, et al , (WD/TX). Mr. Davis' testimony concerned
matters associated with the incarceration of inmate gang members.
The jury returned with a sentence of death for both defendants.
FCI TEXARKANA
Inmate Michael Kearns is being incarcerated past his scheduled
release date for his refusal to sign an Agreement to Adhere to an
Installment Schedule for a committed fine. His scheduled release
date was February 14, 2000. We recently filed our response to
his civil action. A Report and Recommendation is pending.

3425

Former employee Tina Troxler was deposed by AUSA Dane Smith in
connection with her defamation suit against the BOP and her
former BOP supervisor.
CRIMINAL MATTERS AND PROSECUTIONS
USP BEAllKONT
The trial of inmate Vicente Medina, which was originally
scheduled for May 16, 2000, and then continued to July 11, 2000,
is now currently scheduled to begin on July 24, 2000. Inmate
Medina is being tried for Assault With
t t Commit Murder in
connection with his assault on inmate
on
March 31, 2000.
FCI BEAUHOIft (LOW)
On June 9, 2000, in the visiting room during normal visitation
hours, inmate Clarence Lee was discovered to be in possession of
marijuana that was provided to him by his female visitor. Inmate·
Lee was indicted on June 22, 2000.

FCI BIG SPRING

(

Presentence Investisation Reports are being received by the u.s.
Attorney's Office on the 11 inmates involved in the June 1999
disturbance.
FPC BRYAN

Inquiry continues into the possibly sexually abusive actions of
three FPC Bryan employees, one of whom remains on home duty
status. The other two have resigned their Bureau employment. No
prosecution of these individuals is foreseen, and administrative
action is under consideration.
FCI EL RENO
On June 12, 2000, the criminal trial of inmate James Penick was
conducted', and he was convicted of attempted escape.
FCI TEXAlUCANA

On May 11, 2000, a homemade knife was found in the air duct in
inmate Jose Herrera-Langarci's cell. Inmate Herrera-Langarci
admitted he possessed the weapon. On June 8, 2000, the USAO
accepted for prosecution the charge of Possession of a Weapon.

(

On May 25, 2000, inmate Samuel Chap failed to report to a CCC on

3426

(

a furlough transfer from
has been issued.

Fer

Texarkana.

A warrant

for his arrest

PERSONAL ISSUES

Scheduled Annual/Sick Leave:
- July 17-21

- Annual Leave

- July 17 -2 8

- Annual Leave

- July 24-28

- Annual Leave

- July 31-August 4

- Annual Leave

Other Scheduled Absences:
None

(

3427

(

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

Dallas, Texas 75219
August 10, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWlNE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - July 2000

ADMINISTRATIVE REMEDIES
RECEIVED
ANSWERED

(

JAN

FEB

MAR

APR

MAY

JON

JUL

227
105

220
132

304
162

219
182

255
169

329
203

257
241

AUG

SEP

OCT

NO
V

DEC

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
257
61
62
256
0

FEB
256
76
62
270
0

MAR

APR
261
46
40
267
0

MAY
279
70
82
267
0

JON

SEP

OCT

NOV

DEC

290
72
70
292
0

JUL
272
68
69
271
0

AUG

280
53
82
251
0

JU
N

JU
L

AU
G

SE
P

OC
T

NO
V

31
84
62
53

53
58
69
42
0

FOI/PRIVACY
PENDING
RECEIVED
ANSWERED

PENDING
OVER 20 DAYS

MA
R

AP
R

5
48
40
13

13
58
61
10
0

10
98
73
35
0

35
81
71
45

Y
45
74
88
31
0

LITIGATION

3465

(

JA
N

PE
B

MA
R

AP
R·

MA
Y

CASBS OCD
CASES CLOSED
BABBAS CORPUS
BIVEN'S
PTCA
OTHER
LIT REPORTS
BEARINGS/
TRIALS

12
12
7
3
2
0
12
1

11
5
7
2
2
0
11
4

7
11
2

9
13
6
2
0
1
10

SBTTLBMBN'l'S/

0
3
7
2

10
7
6
2

20
35
13
7
0
0

24
15
16
6
1
1
12
1

0
7
0

AU
G

DB
C

9
1
1

AWARDS

CASES WITH HEARINGS OR TRIALS

Troxler y
United States. A hearing was held on July 25, 2000,
on the government's Motion to Dismiss. The plaintiff initially
filed this case as a slander action against a co-worker.
However, the United States was substituted for the co-worker as a
defendant.
The plaintiff has requested that the co-worker be
re-joined as a defendant. The Magistrate has deferred her
decision on this request pending the production of additional
evidence.
...

Also, see CRIMINAL MATTERS AND PROSECUTIONS heading.
CASES WITH SETTLEMENTS OR AWARDS

Adverse judgments

None

Tort Claim settlements

FMC FORT WORTH
Ernesto Garcia-Olyera v Pnjte d States.
FMC Fort Worth inmate
Olvera-Garcia (a 55-year-old male) filed this case pursuant to
the Federal Tort Claims Act alleging that the BOP failed to treat
his fractured ankle in an appropriate manner. As a result of an
ankle injury, the inmate's leg was amputated below the knee.
Thi's case was settled for $235, OOO~

Other settlements

None
( .

SIGNIFICANT CASES

3466

FMC FORT WORTH
Claudia Riley, Personal Representative of the Estate of James
Bert MCDQugal, v Wilfredo Feliciano, et ale As previously
reported, Claudia Riley, the personal representative of the
estate of former inmate James McDougal, has filed a BiYens/FTCA
suit which arises out of the death of this inmate at FMC Fort
Worth. Riley alleges the inmate's wrongful death was caused by
his dry cell placement when staff knew he could not produce a
urine sample. Riley alleges the failure to provide inmate
McDougal with his medication while he was in the SHU contributed
to his premature death. Riley further alleges that staff members
were negligent and failed to respond to inmate McDougal's
complaints of dizziness and shortness of breath. An answer will
be filed soon.
FPC EL PASO
Garner V United States of America. FMC Fort Worth inmate
Charles Garner has filed an FTCA suit alleging medical
malpractice due to delayed medical treatment of his cervical
condition. The inmate was deposed by the AUSA on Friday,
July 28, 2000. Several othe
due to be
this case s

SIGNIFICANT TORT CLAIMS
WoOds. FTC Oklahoma City inmatelllllllllllll filed a personal
·injury·claim which states his inj~and only received a
cursory exam when he arrived at the FTC, and he was told it was
only bruised and not broken. However, he claims that when he
arrived at USP Leavenworth, x-rays revealed his hand was broken
in two places. Inmate Woods seeks $250,000.00 in compensation.
(TRT-SCR-2000-01813)

bL~

SIGNIFICANT ADMINISTRATIVE REMEDIES
FTC Oklahoma City inmatetlllllllllllltfiled an administrative
remedy request seeking a ~ction under 18 U.S.C. §
~1~
3582 due to his extraordinary remorse for his offense and
exemplary post-offense conduct while serving his 292-month
sentence. The remedy request was denied, and the inmate is now
pursuing an application for commutation of sentence with the u.s.
Pardon Attorney.
UPCOMING TRIALS OR BEARINGS

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FMC FORT WORTH
JeD Lamer, et al.
Former inmate Berman has filed suit
in the Middle District of Pennsylvania alleging negligent medical
care was rendered at USP Lewisberg and FMC Fort Worth. This
matter is being handled by NERO, and there is an August 2000,
trial setting. FMC Fort Worth's Medical Officer, Dr. Barry, will
be a witness for the government.

Berman y

Also, see CRIMINAL MATTERS AND PROSECUTIONS heading.
MEDICAL MALPRACTICE
LITIGATION
See CASES WITH SETTLEMENTS OR AWARDS, SIGNIFICANT TORT CLAIMS,
SIGNIFICANT CASES, and UPCOMING TRIALS OR HEARINGS headings.
TORT CLAIMS
See Significant Tort Claims heading.
ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None

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SITUATIONS OF INTEREST
FMC FORT WORTH
Inmate Hammond was sentenced in the
Southern District of Texas to a 51-month jail term for
Embezzlement of Employee Welfare Benefit, Union Fund; False
Statement to Bank; and Tax Evasion. Inmate Hammond is due to be
re-sentenced; however, he has substantial medical problems which
restrict him from traveling at this time. This case has sparked
congressional interest. FMC Fort Worth's Legal Department has
provided substantial assistance in responding to frequent
requests from the u.S. Attorney's Office, a member of Congress,
and inmate Hammond'~ attorney.

United States y. Hammond.

FCI TEXARKANA
Inmate Michael Kearns continues to be held for his refusal to
sign an Agreement to Adhere to an Installment Schedule for a
committed fine. His release date was February 14, 2000. We
recently filed our response to his civil action, and a Report and
Recommendation is pending.
FDC HOUSTON
On July 13, 2000, U.S. District Court Judge Lee Rosenthal (SD/TX)
provided inmate Tony Gillis with a hearing on his request for a
court order directing that he be confined in a Federal Medical
Center pending sentencing. Inmate Gillis represented to the
Court that FDC Houston medical staff had diagnosed him as having
colon cancer. In claiming he was not receiving proper medical
treatment, he asserted that when he was taken to a contract
health care provider, staff prevented him from receiving
necessary care by refusing the provider's request to remove
security restraints. The Court denied inmate Gillis' request
after learning that he has not been diagnosed with any form of
cancer and that the outside provider was unable to complete the
diagnostic testing, a barium enema, because inmate Gillis had
stopped the procedure (stating that it was too uncomfortable) .
CRIMINAL MATTERS AND PROSECUTIONS
USP BEAUMONT

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United States v Gallaway.
The trial of former correctional
officer Gerald Gallaway is currently scheduled for September 1,
2000. Gallaway was arrested last April after accepting a
delivery of crack cocaine intended for introduction into the
institution and distribution to inmates. The FBI and USAO expect
a plea bargain.

3469

Va Medina.
On July 26, 2000, after about 3 hours
of deliberation, a jury acquitted inmate Vincente Medina of
Medina was charged with assaulting inmate
~1~
last J
Apparently, the jury accepted
u
fense t
was about to sexually assault him,
and
he stabbed
th a pen in order to ward off the
assault. Additional
appears that the jury was reluctant to
convict because a weapon was not recovered.

United States

(

FCI BIG SPRING
June 1999 Disturbance Prosecutions. Ten of the eleven inmates
involved in the June 22, 1999, disturbance have been sentenced.
On July 7, 2000, inmate Trinidad Cereceda-Holguin was sentenced

to S1 months to run consecutively with his current sentence. On
July 21, 2000, the following inmates were sentenced to the
following terms of consecutive incarceration: inmate Gabriel
Pena-Garcia, 24 months; inmate Humberto Hinojosa-Rodriguez, 30
months; inmates Ramon Andavzao-Romero, Luis Manuel
Gonzalez-Sifuentes, Felix Ibarra-Villalva and Ricardo
Padilla-Inigo, 51 months; and inmates Mario Munoz-Martinez and
Daniel Sanchez-Soto, 77 months. Inmate Boogart Rodela-Avila's
prior sentence has run, but he was sentenced to another 37 month
term.

(

Inmate Michael Groves (Camp Escapee)
and his wife, Diana Groves, pled not guilty to Escape and
Assisting Escape, respectively, and they are scheduled for the
August 2000 trial docket.
unjted States Va GrOves.

FPC BRYAN
A proposal of termination letter has been issued to a
correctional officer, charging him with Conduct Unbecoming of a
Correctional Officer, Unauthorized Contact with an Inmate Family
Member, Failure to Report Contact from an Inmate, and Providing
False Statements During an Investigation. A similar proposal
letter has been issued to another former FPC Bryan staff member, .
now stationed at FDC Houston.
FTC OKLAHOMA CITY
On July 23, 2000, at approximately 1:39 p.m., a SHU officer
discovered inmate Vongmany Vannady with a sheet around his neck
with the other end secured to the bed post. Inmate Vannady was
pronounced dead at the local hospital at 2:-25 p.m. The FBI, U.S.
Marshals, and Oklahoma Medical Examiner's Office were notified,
and an investigation continues.
United States Va Grjmsley. On July 25, 2000, former correctional
officer Jill Grimsley pled guilty to one misdemeanor count under

3470

18 U.S.C. 2243 (b) , Sex Act With an Inmate in Official Detention
and Under CUstody of Defendant.
United States y McBride. This prosecution for sexual abuse of
inmates has been previously reported. On July 25, 2000, former
correctional counselor Breavess McBride was sentenced to 146
months incarceration on counts 1,3,5,7,9; 36 months incarceration
on counts 2,4,6,8,10; 12 months incarceration on misdemeanor
count 11, and'3 years of supervised release.
The terms of
incarceration are to run concurrently. The judge dropped the 4
level enhancement for violence, and the obstruction of justice
enhancement. There was an assessment of a special fine of only
$100 per felony count and $50 for the misdemeanor count, totaling
$1,050.00.

PERSONAL ISSUES

Scheduled Annual/Sick Leave:
- August 11-14

(

- Annual Leave

Other Scheduled Absences:
- August 7-11
- August 12-16

- Training
- ACA Conference

- August 16-17

- Butner

- August 18 .

- SCRO Retreat

- August 21September 1

- Military Leave

3471