(i~

(

iJ 1-e;,.-rf h l 1,'0 . ~.:partment of Justice
Federal Bureau of Prisons
South Central Regional Office

Dallas, Texas 75219
October 10, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWlNE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - September 2000

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NO·

DEC

V

RECEIVED
ANSWERED

227
105

220
132

304
162

219
182

255
169

329
203

257
241

296
158

244
218

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SlX MO

JAN
257
61
62
256

FEB
256
76
62
270

MAR

0

0

0

280
53
82
251

APR
261
46
40
267
0

MAY

JlJN

279
70
82
267
0

290
72
70
292
0

JtJL
272
68
69
271
0

266
78
75
269
1

MA
Y

JU
N

JU

AU

L

45
74
88
31
0

31
84
62
53
0

53
58
69
42
0

G
42

AUG

SEP
275
59
68
266
1

OCT

NOV

DEC

OC

NO

T

V

DB
C

FOI/PRIVACY
PENDING
RECEIVED
ANSWBRED
PENDING
OVER 20 DAYS

(

JA
N
5
48
40
13
0

FE

MA

AP

B

R
10
98
73
35
0

R,
35
81
71
45
0

13
58
61
10
0

I

LITIGATION

3529

6~

77
31
2

SE
P
32
89
63
58

0

(

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

JA
N

FE
B

MA

AP .

MA

JU

JU

R

R

Y

N

L

12

11

7

9

24

10

12
7

5

13

15
16

7

7

11
2

6

3

2

2

6

2

2
0

2

0

2
0

4
0

11
4

1
10

0

12
1

3
7

12

2
0
7

0

0

2

2

1

0

9
1

0

0

1

0

0

1

1

6

-

1
1

AU
G

SE
P

20

20

35
13

5
15

7

1

12
0

9
0
5
3
0
1
9
5

0

0

OC
T

NO
V

DE
C

CASES WITH HEARINGS OR TRIALS
FMC FORT WORTH

(

Rhi",'" Md~ujr'" v 'J'llrnhn et aJ . On September 26, 2000, a
mandatory mediation hearing was held in the chambers of Judge
Bleil in this previously reported case. No settlement was
reached . A tentative pretrial conference is slated for
.October 17, 2000; however, it will likely be postponed until a
later date due to scheduling conflicts .
FPC EL PASO
Garner v II S A.
On October 4, 2000, after a two day trial in
this FTCA case, judgment was rendered in our favor based on our
Motion for Judgment.
FMC Fort Worth inmate Charles Garner sued
alleging medical malpractice due to delayed medical treatment of
cervical
HC)WE~V,er,
the inmate refus
our 0
ers
case for a reasonable sum.
Therefore, the case was
trial.

to

FCI THREE RIVERS

. \.

I ,enard Earl Dayjs y Wjl1jam Gerth.
On September 15, 2000, a
telephonic Spears hearing was held in this Bjvens case in which
the inmate is alleging (i) he was assaulted by a staff member
while in handcuffs, and (ii) he did not receive proper medical
attention while in four point restraints . There has been no
service; however, Judge Cooper-Hill ordered the production of any
·investigatory reports to the court within 20 days, and a copy of
•

..
3530

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the inmate's medical chart from the date of the alleged incident
to be given to the inmate.
CASES Wl'l'R SETTLEMENTS OR AWARDS
a.

Adverse judgments

None
b.

Tort Claim settlements

None
c.

Other settlements

None
SIGNIFICANT CASES
FCI BEAUMONT (Low)
Bruce T Tames V. John M. Tornbooe.
This is a Bivens action in
which an Asian American inmate claims that he was denied due
process and equal protection when he was not transferred to a
more desirable UNICOR work detail, while other less experienced
inmates were transferred to the detail despite the fact that they
were non-citizens with INS deportation detainers. The plaintiff
seeks $500,000 in damages.

FCl BEAUMONT (Medium)
Favis CJ all Martin V Gary I, Johnson, et ale
In this matter, a
Texas state boarder currently designated at BMM is attempting to
sue in Texas state court his sister-in-law (the Director of the
Texas Department of Criminal Justice (TDCJ» and his BOP Unit
Manager. The plaintiff alleges that his Unit Manager, at the
direction of plaintiff's sister-in-law, has submitted materially
false and misleading information in progress reports to TDCJ.
The plaintiff alleges that this information "will surely affect
the outcome of his parole review in May 2001," but does not claim
to have sustained any actual injury as of yet. The plaintiff
seeks injunctive and declaratory relief, $50,000 in compensatory
damages, and $10~000 in punitive damages. The U.S. Attorney's
Office has filed a Notice of Removal to federal court pursuant to
28 U.S.C. § 1442 on behalf plaintiff's Unit Manager.

SIGNIFICANT TORT CLAIMS
PCC OAKDALE

3531

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While returning from training in his POV, an employee had
an automobile accident. The employee had a friend with him and
the friend was injured in the accident. The friend filed for
medical treatment through the employee's personal insurance,
GEICO, who paid the claim in the amount of $59,956.91. GEICO is
now seeking to subrogate the claim.
(TRT-SCR-2000-02098)

GEICO.

SIGNIFICANT ADMINISTRATIVE REMEDIES
Several FMC Carswell inmates have alleged that female inmates
with medical designations do not have the availabil~ty to RDAP
that non-medically designated inmates have. Additionally, they
allege that male inmates qualify for the one year reduction more
often than female inmates due to their gender.

UPCOMING TRIALS OR HEARINGS
FMC PORT WORTH
Haliq V. united States.

As previously reported, FMC Fort Worth
inmate Haliq alleges he slipped on water on the floor of the
Dallas Unit Laundry Room. He also alleges that the defendant had
knowledge of the water prior to his accident. Trial is set on
the November 2000 docket. Local settlement approval for up to
$2,000 is being sought.

FCI THREE RIVERS
John Abie Reese v M Campbell. As previously reported, this
defendant's-summary judgment motion was recently denied in this
Bivens case. The inmate alleges that the defendant assaulted him
during a pat search, causing him to suffer pain that required
medical treatment. The court determined the defendant failed to
establish as a matter of law that the injury the inmate received
was de minimis. A jury trial is scheduled for November 13, 2000.

Also, see CASES WITH HEARINGS OR TRIALS heading.
MEDICAL MALPRACTICE
LITIGATION
James David Crow, III y
U S. Department of Justice, et ale
This
Bivens action was recently transferred to the u.s. District Court

for the Eastern District of Texas from the District of Columbia.
The plaintiff, who is presently designated at BML, alleges that
he has received unconstitutionally inadequate medical care for
Osteomyelitis of the heel at MIL, PBX, and OKL. No Beaumont
defendants are named. The plaintiff seeks injunctive relief and
$1,000,000 in damages.

3532

ENSIGN AMENDMENT

(

None
LITIGATION
None
TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS

(,

None
SITUATIONS OF INTEREST
FCI EL RENO

-,
3533

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FDC HOUSTON

On Thursday, September 21, 2000, Judge Lynn Hughes quashed an
instanter subpoena issued by defense counsel in United States
,James Col J ins and yank Barry (SD/TX), a case related to the
public corruption cases against former Louisiana
Edwards a former Houston mayor, and 17 others.

y

bs
(

~CII~cr 11, 2000, the Court had considered a
defense SUbpoena and ordered the release of all
p
documentation concerning Graham's incarceration at FDC Houston
but later limited that order following an in-camera review.

CRIMINAL MATTERS AND PROSECUTIONS
FCI EL RENO

We were informed last month that inmate Jesus MaciaS-Nevarez
pled guilty to introduction of contraband (narcotics) into a
federal institution. No sentencing date has been set .
FCI THREE RIVERS

Gabriel Gonzalez was indicted on September 13, 2000, for
Possession Of A Weapon. He is a·w aiting sentencing.
Five
sharpened metal rods were found in the inmate's high-top tennis
shoe during a pat search on June 20, 2000.
PERSONAL ISSUES

.(
•

..
3534

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

Dallas, Texas 75219
November 9, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - October 2000

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NO

DEC

V

~

...

RECEIVED
ANSWERED

227
105

220
132

304
162

219
182

255
169

329
203

257
241

296
158

244
218

257
160

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX 140

JAN
257
61
62
256
0

FEB
256
76
62
270
0

280
53
82
251
0

JA

FE

)fA

N

B

5
48
40
13
0

13
58
61
10
0

R
10
98
73
35
0

MAR

APR
261
46
40
267
0

MAY

JUN

JUL

279
70
82
267
0

290
72
70
292
0

272
68
69
271
0

AP
R
35
81
71
45
0

MA
Y

JU
N

JU
L

45
74
88
31
0

31
84
62
53
0

53
58
69
42
0

AUG
266
78
75
269
1

SEP
275
59
68
266
1

OCT
279
49
93
235
0

NOV

DEC

AU
G
42
66
77
31
2

SE
P
32
89
63
58
0

OC
T
58
61
77
42
2

NO
V

DE

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

3983

C

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

JA
N

MA
R

AP

JU

AU

R

MA
Y

JU

B

N

L

G

SE
P

OC
T

12
12
7
3
2
0
12
1

11
5
7
2
2
0
11
4

7
11
2
2
0
3
7
2

9
13
6
2
0
1
10
2

24
15
16
6
1
1
12
1

10
7
6
2
2
0
7
0

20
35
13
0
0
9
1

20
5
15
1
4
0
12
0

9
0
5
3
0
1
9
5

17
7
7
9
1
0
19
2

0

0

1

0

0

1

1

0

0

1

FE

7

NO
V

DE
C

CASES WITH HEARINGS OR TRIALS
FPC EL PASO
Garner y. United States, EP-99-CA-423.

This previously reported
FTCA action went to trial on the merits on October 3, 2000.
Mr. Garner alleged medical malpractice against staff at the
FPC El Paso and FCI La Tuna. The plaintiff represented himself.
Once plaintiff rested his case, Defendant made a Motion for
Judgment as a Matter of Law pursuant to Rule 52(c). Judgment in
favor of the United States was granted on October 4, 2000.
FMC PORT WORTH
Haliq y
United States of America, Civil Action 4:97-CV-1030-Y,
Northern District of Texas, Fort Worth Division. A mandatory
settlement conference was held on October 11, 2000. No
settlement was reached. This is a slip and fall case, wherein
the plaintiff alleges the government was negligent in not warning
him of water that was allegedly on the floor at or near the ice
machine of his housing unit. The trial was held on
November 8, 2000.

CASES WITH SETTLEMENTS OR AWARDS

3984

~

a.

Adverse judgments

FCI FORREST CITY
Allen B Ware y. Marvin D Morrjson, 2:99CV00210.
Plaintiff
filed a complaint alleging that the defendants violated his
First, Fifth and Eighth Amendment rights when they suspended the
visitation privileges of his wife for eighteen months.
The BOP filed a Motion for Summary Judgment which was denied,
stating that there were troubling circumstances surrounding the
suspension of the Plaintiff's visitation privileges with his
wife. The court ruled that suspending visitation was atypical
under the Sandin analysis, violated a clearly established right,
and that due process should have been afforded. Thus, our Motion
for Summary Judgment was denied. The AUSA and SCR plan on
recommending an appeal. An appeal/adverse decision memo will be
forwarded to OGC.
b.

Tort Claim settlements

FPC BRYAN
A $40,OOO.l3ettlemeDt.was accepted by
Executrix of
the estate of inmate Hortencia Floresrae
te
Flores-Cabrera died on September 1995, from drug-induced renal
failure following treatment by FPC Bryan medical staff.

FCI FORREST CITY

Donald Walters v. U.S.A., LR-C-99-913. Plaintiff alleged that
the Medical Department at FCr Forrest City refused to give him
the proper care resulting in the loss of his left great toe.
Plaintiff was seeking $250,000.00. Due largely to a shift in our
expert's position,th.~,. case, was settled for $12,500.,.
c.

Other settlements

None
SIGNIFICANT CASES

FCI BASTROP
In Warren y Miles, No. 00-50117 (5 th Cir., oct. 13, 2000)
(appeal taken from A-99-CA-136-JN, USDC/WOTX). The Fifth Circuit
affirmed on two significant grounds the District Court's decision
upholding the BOP's denial of early release eligibility based
upon a two-point enhancement for possession of a dangerous
weapon. The first ground was that the BOP's modification of

3985

-..

.~.~) .

.. ...

28 CFR § 550.58 on May 17, 1996, which distinguished between
~.'
violent and non-violent offenses, merely clarified the e x i s t i n g , )
rule regarding ineligibility of violent offenders, and hence did
not violate the ex post facto clause of the Constitution. The
second ground was that the BOP's construction of
18 USC § 3621(e) (2) (B) was permissible, and hence not an abuse of
discretion.
FCC BEAUMONT
Small, No. 1:99-CV-520
(E.D. Tex.). By letter dated October 30, 2000, the Torts Branch
advised that representation of the defendants by private counsel
at government expense was approved. Representation by private
counsel was sought because the allegations in this case are
presently pending in a criminal investigation by the Office of
Inspector General. As previously reported, in this Bivens suit,
a former BMP inmate alleges staff improperly housed him in a SHU
cell with two other inmates and made him sleep on the floor after
he returned from the University of Texas Medical Branch hospital
in Galveston, where he had received ear and nose surgery. He
also alleges that when he refused to continue sleeping on the
floor, he was placed in ambulatory restraints for 55 days,
assaulted by staff on two occasions, and denied both meals and
medical attention on two occasions. The plaintiff seeks $600,000
in damages.

Alejandro Rodriguez-Rodriguez y. B

FMC CARSWELL
Samford, 4:99-CV-797-A, United States District
Court, Northern District of Texas, Fort Worth Division.
Subsequent to a remand by the 5th Circuit on the issue of inmates
being subjected to excessive cold, Judge McBryde denied our
Motion for Summary Judgment, which included the defense of
qualified immunity, in this Bjve ns case filed by a former FMC
Carswell inmate. The U.s. Attorney's Office will not be filing
an interlocutory appeal. Judge McBryde is considering sanctions
against the AUSA originally assigned to this case. The AUSA has
filed a response to the court regarding possible sanctions
against him. A decision is pending.
Strothers V

FTC OKLAHOMA CiTY
Hunnjcutt v
Hawk, CrV-98-1717-A.
In this case, inmate Hunnicutt
was convicted under 21 U.S.C. § 846 (for which he was given a
two-point enhancement for possession of firearms) and
18 U.S.C. § 371, Conspiracy. Despite being deemed ineligible for
early release due to his two-point enhancement, inmate Hunnicutt
started the drug abuse program at FCr El Reno in November of
1997. Inmate Hunnicutt filed a BP-9 challenging the
determination, and he was advised he was ineligible based on the

3986

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\

Director's discretion due to the two-point enhancement: He
petitioned the Western District of Oklahoma for habeas relief.
While drafting the Government's response, it was discovered that
the underlying offense to the § 371 Conspiracy conviction was a
crime of violence (18 U.S.C. 924(c», thus making the conspiracy
conviction a crime of violence. The final order by District
Judge Wayne Alley held the BOP did not exceed its statutory
authority when the BOP made an amended decision that inmate
Hunnicutt's ineligibility was based on his conviction of the
violent crime of conspiracy to violate 924(c).
Inmate Hunnicutt
then appealed, and on October 16, 2000, the 10th Circuit
affirmed.
FCI TEXARKANA
" CO¥ Lynn Owens v United States of Amerjca, 5:00cv25S.
Inmate
alleges·staff at FTC Oklahoma applied his leg irons too tightly
prior to his transfer, his foot and ankle had been affected .by
polio, and that when he complained, staff refused to adjust them.
Inmate Owens further alleges that when he arrived at
FCI Texarkana, there were visible injuries to his ankle to
include a knot. He alleges he received inadequate medical
treatment, and he is requestin~ $2,000,000.00.

~.

FCI THREE RIVERS
CUellar v
Purdy, CA-H-00-201, USDC/SDTX, Houston Division.
The
petitioner, a deportable alien not eligible for CCC placement,
claims that he was discriminated against by virtue of his
deportability when he was denied early release pursuant to
".,
18 USC § 3621(e) (2) (B).
Kinder, et al v USA et al., CA-C-00-17S, USDC/SDTX, Corpus
Christi Division. In this hybrid Bivens- FTCA suit, three
inmates complain that while confined in SHU at FCI Three Rivers,
their cells were flooded, causing them to be exposed to human
waste; they also claim that they were not allowed to clean up
properly, and that they were injured by the exposure.

SIGNIFICANT TORT

C~IMS

FeI BIG SPRING
Inmate
states that on February 3,
2000, staff were negligent in categorizing him as a sex offender
and because of this categorization, staff have treated him as a
sex offender. He is requesting compensation in the amount of
$ 9 7 5 , 000 . 00. .( TRT - S CR - 2 d 0 0 - 02.590 )
Bertram

Inmate
states that on February 3,
2000, staff were negligent by placing him in a two man cell with

Bertram.

3987

b\

~

six other inmates in boxer shorts and canvas shoes only.
Inmate
Bertram further states that staff were negligent when staff took
him outside to a holding pen, still in boxer shorts and canvas
shoes, in sub-freezing weather and kept him outside for
appro~imately 45 minutes without clothes .. He is requesting
qompensation in the amount of $7,500.00. (TRT-SCR-2001-02975)

Bertram. Inmate
states that from FebrUary 4,
2000, through October 13, 2000, staff were negligent when denying
him full prog.ramming afforded to U. s. citizen inmates and waiving
his right to have fully staffed unit team meetings.
He is
requesting compensation in the amount of $8,000.00.
(TRT-SCR-2001-030S1)

.~

~~C

FTC OKLAHOMA CITY
~

Inmate
claims he has a fear of flying and
accommodations have. always been made for him to travel. by bus or
van with the except10n of his movement on April 19, 2000.
Inmate
claimed on that date he was forced out of the cell by a "cell
abstraction riot team" and forced onto the plane. He claims he
was choked, dragged, and restraints were placed on so tight that
his circulation was cut off.. Inmate Lee also made allegations
that the U.S. Marshals used electrical masking tape and taped his
head to the seat of the plane.
Inmate Lee is seeking $1,000,000
for the alleged physical assault, pain and suffering, and mental
and demeaning attack on his psyche, back, head and neck injuries.
(TRT-SCR-2000-02881)

SIGNIFICANT ADMINISTRATIVE REMEDIES
None
UPCOMING TRIALS OR HEARINGS
FCI THREE RIVERS
Reese V Campbell, CA-C-99-237, USDC/SDTX, Corpus Christi
Division, is scheduled for trial in Corpus Christi on
November 13, 2000 ...... The plaintiff in this givens-style suit
alleges that a,correctional officer intentionally kicked him,
thus inflicting cruel and unusual punishment upon him. Martin
Sweaney will be the representativ~ fo! F~I Three Rivers.

Also, see CASES WITH HEARINGS OR TRIALS heading.
MEDICAL MALPRACTICE
LITIGATION

3988

\",,1 C
t)

~

Also, see CASES WITH HEARINGS OR TRIALS heading.
ENSIGN AMENDMENT
None
LITIGATION
None

TORT CLAIMS
None
RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS

~-

None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FMC FORT WORTH
On October II, 2000, Karen Summers, Paraleg,al Specialist, and
Russ Purdue, Executive Assistant, Fe! Seagoville, provided
Michael Gill, Special Assistant United States Attorney, Northern
District of Texas (Dallas Division) with a tour of Fe! Seagoville
and the Detention C~nter.
...•
FDC HOUSTON
,

On October 20, 2000, Judge Lee Rosenthal stayed a previously
·issued -order for the production of t
t
s to defense
counsel .representing inmate
Although inmate
~ a pretrial inmate, claimed that he had participated in
telephone conversation which included exculpatory statements, he
did not know the date or time'of the call, nor was he even
certain as to' which of the telephone numbers on his telephone
list the call had been placed.
The Court reconsidered the
matter on October 24, 2000, following a probable cause hearing,

3989

\)l V

at which time the Court directed FDC Houston to provide the
United States Attorney's Office with a list of telephone calls
inmate'~laced to a specified number.
From that list of
fourteen calls, defense counsel selected four calls that were
copied and provided to the A~SA. The AUSA is to review the calls
and provide the defense with any Brady material those tapes may
contain.

CRIMINAL MATTERS AND PROSECUTIONS

FCl: BEAUMONT (ADMIN)
On October 3, 2000, the services of a contract teacher were
. - terminated after she admitted to the investigating SIA staff that
she had engaged in sexual or otherwise inappropriately personal
relations with several inmates at each of the FCC Beaumont
institutions. U. S. Attorney's Office staff have" advised that
they intend to indict the contract teacher on appropriate
charges.

FCl: BEAUMONT (LOW)
The beginning of the t,rial of inmate
has been
continued until November 27, 2000. As previously reported,
inmate Lee has been charged with Possession With Intent to
Distribute Marijuana in violation of 21 U.S.C. § 841(a) and
Possession of a Prohibited Object in Prison in violation of 18
U.S.C. § 1719(a) in connection with his attempt to smuggle
marijuana into the institution through the Visiting Room in June.
On October 19, 2000, a former FCC Beaumont - Low Correctional
Officer was indicted for Possession With Intent to Distribute
Cocaine in violation of 21 U.S.C. § 841(a) (1). As previously
reported, on September 29, 2000, the officer was arrested in a
hotel parking lot after accepting $1,500 and approximately V2 a
kilogram of powder and crack cocaine from an undercover .agent qf
the Office of Inspector General. The arrest was the culmination
of a joint investigation by FCC Beaumont SIA staff, the Office of
Inspector General, and the Jefferson County Joint Drug Task
Force. The office,I" believed that the agent from whom he obtained
the cocaine wa~ a relative of an inmate to whom the officer was
to deliver the cocaine.
In exchange for the delivery, the
officer was to keep the $1,500 a~d a small quantity of crack for
'either· sale or personal use. The off'icer's arraignment is
currently scheduled for November 21, 2000.

FCl: BIG SPRING
On October 13, 2000, inmate Michael Wayne Groves, II, was
sentenced for Escape and Aiding and Abetting to a term of 18

3990

.~

1

months to be served consecutive to his sentence previously
imposed.
FCI LA TUNA
At 6:30 p.m. on September 22, 2000, the SHU officer intercepted a
handwritten letter written by inmate Ramon Sanchez.
The letter
was addressed to inmate Oscar Vela-Avalos. The letter stipulated
inmate Sanchez intended to introduce Black Tar Heroin into the
Main Institution through the Visiting Room.
Inmate Sanchez was
placed in Dry Cell Status. When he subsequently defecated, eight
balloons were recovered containing an unknown substance.
Testing
proved positive for Marijuana and inconclusive for Black Tar
Heroin.
The inmate subsequently defecated and two more balloons
were recovered that tested positive for marijuana and
inconclusive for Black Tar Heroin.
The matter was referred to
FBI on September 25, 2000, and the case was accepted for
prosecution on September 27, 2000 .
FTC OKLAHOMA CITY
At approximately 3:45 p.m., a unit officer was in the process of
securing the last unit orderly who was putting his cleaning
supplies away in the unit supply closet.
She instructed him to
hurry in order to lock-down for count. At this time, inmate
Damon Childers turned around, approached her, grabbed her
genitalia area, and returned to his assigned cell.
The officer
secured the inmate in his cell and immediately notified the
operations lieutenant. There were no injuries to staff or
inmate. The inmate was placed in the Special Housing Unit
without further incident, pending investigation.
The FBI has
been notified and has accepted the matter for referral to the
U.S. Attorney's Office for prosecution.
FCI SEAGOVILLE
FCI Seagoville SIS worked a drug introduction case with the FBI
in May 1998.
Inmate Taylor's girlfriend, Elvie Bell, was
supplying Taylor's younger sister, Shilita Taylor, with cocaine.
Shilita would bring .cocaine-filled balloons to Taylor in the
inmate Visiting Room, where he would swallow them.
FCI Seagoville SIS'" confiscated 29 balloons, obtained cooperation
from inmate witnesses, and helped obtain a confession from
inmate Taylor with the FBI.
Inmate Taylor confessed to the SIS
and FBI.
It was referred to the AUSA, who accepted it for
prosecution.
Trial is scheduled for November 27, 2000 .
PERSONAL ISSUES

3991

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

Dallas. Texas 75219
December 8, 2000

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - November 2000

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NO

DEC

V

(

RECEIVED

227

220

304

219

255

329

257

296

244

257

ANSWERED

105

132

162

182

169

203

241

158

218

160

".. ~ ~ ..

23
7
20
5

TORT CLAIMS
JAN
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JUL
272
68
69
271
0

AUG
266
78
75
269
1

SEP
275
59
68
266
1

JU

JU

N
31
84
62
53

L

AU
G
42
66
77
31
2

SE
P
32
89
63
58
0

257
61
62
256
0

FEB
256
76
62
270
0

MAR
280
53
82
251
0

APR
261
46
40
267
0

JA
N
5
48
40
13
0

FE
B
13
58
61
10
0

MA

AP

MA

R
10
98
73
35
0

R

Y
45
74
88
31
0

0

MAY
279
70
82
267
0

JON

290
72
70
292
0

OCT
279
49
93
235
0

NOV
223
50
49
224
0

DEC

DE
C

FOI/PRIVACY

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

35
81
71
45
0

4013

53
58
69
42
0

OC

NO

T

V

58
61
77
42
2

42
61
60
43
2

LITIGATION

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

JA
N

FE

MA

AP

MA

JU

JU

AU

B

R

R

Y

N

L

12
12
7
3
2
0
12
1

11
5
7
2
2
0
11
4

7
11
2
2
0
3
7
2

9
13
6
2
0
1
10
2

24
15
16
6
1
1
12
1

10
7
6
2
2
0
7
0

20
35
13
7
0
0
9
1

G
20
5
15
1
4

0

0

1

0

0

1

1

SE
P

OC

NO

DE

T

V

C

17
7
7
9
1
0
19
2

15
6
10
3
2

12
0

9
0
5
3
0
1
9
5

9
3

0

0

1

0

0

(

0

CASES WITH HEARINGS OR TRIALS
FCI THREE RIVERS
Reese V
Cambell, C-99-237 (USDC/SD/TX). On November 13, 2000,
this case was tried before u.s. Magistrate Judge Cooper-Hill in
Corpus Christi.
The plaintiff alleged that the defendant, a
correctional officer, by kicking hi~ without justification in the
back of the foot, had used excessive force, thus inflicting cruel
and unusual punishment on him. The seven-person jury was charged
with answering two questions: first, whether the defendant had
used excessive force, and second, if the defendant had used
excessive force, what, if any, compensation was owed the
plaintiff. The jury's first finding was that the defendant had
used excessive force.
The jury's second finding was that the
plaintiff had not suffered a compensable harm. Because judgment
could be entered for the plaintiff only if the jury answered both
questions in the affirmative, the court, based upon the findings
of the jury, entered judgment for the defendant, and the
plaintiff took nothing.
.

FTC OKLAHOMA CITY
Trentadue V

United States.

Case is currently at trial.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

FCl FORREST CITY

Jeff King V Morrjson. In this § 3621(e)/922(g) RDAP case, the
United States Court of Appeals for the Eighth Circuit remanded
the case to the district court with directions for the Bureau of
Prisons to reconsider the inmate's eligibility for early release
consideration in light of the 8 th Circuit opinion.

4014

"-

Tort Claim settlements
None
c.

Other settlements

None
SIGNIFICANT CASES
USP BEAUMONT
Robert Sepeda v Unjted States et aJ., No. 00-2685-RWR (D.D.C.)
This case involves a Bivens complaint in which inmate at BMP
satellite camp challenges denial of early release eligibility
based on application of two-point .firearms enhancement under
U.S.S.G. § 2Dl . l(b) (1)
Plaintiff seeks unspecified damages.
FCI BIG SPRING

~ ..

Skjnner. A habeas has been filed in this FCI Big Spring case .
The petitioner alleges that the BOP failed to follow the WO/TX
court order that BOP assign him to the ICC program, despite BOP's
determination that he was ineligible. He seeks a time served
order.
See Reese above, and Trentadue above.
SIGNIFICANT TORT CLAIMS
USP BEAUMONT
Tuhhs (Civilian)
The claimant alleges that on May 27 , 2000, .she
was "illegally arrested" by USP Beaumont staff and improperly
detained outdoors in full sunlight and 100 degree tempe~
for approximately one hour after her v isit with inmate . . . . . . . . .
"Ii.~ was terminated based on the suspicion that the claimant had
attempted to pass contraband to inmate . . . . . . in the visiting
room.
The claimant alleges that she was on allergy medication
that caused her to heed to urinate frequently, and that she was
denied the opportunity to use the restroom while she was
detained . She seeks $50,000 . 00 compensation for alleged personal
injury. (TRT-SCR-2001-03302)
FCI BIG SPRING
Bert ram. Inmate
states that on October 9,
2000 , staff we~e negligent in . d~nying him emergency medical
treatment. He is requesting compe n sation in the amount of
$125,000.00. (TRT -SCR-2000-03090)

4015

Prado-Yepez. Inmate
states that from October
3, 1999 to October 12, 2000, sta
were negligent by denying
medical treatment ,due to racial discrimination and status.
He is
requesting compensation in the amount of $125,000.00.
(TRT-SCR-2001-03177)

FTC OKLAHOMA CITY
Workman. Inmate
claims he fell from the upper
bunk on December 22, 1998, and the government was negligent for
failing to equip the bunk with a ladder or handrails.
Inmate
Workman's attorney claims he was found in a pool of blood from a
'large laceration on his head and he fractured his #6 and #7
cervical vertebrae.
Claimant is seeking ten million dollars for
his injury and pain and suffering. (TRT-SCR-2001.-03049)
Workman. In a related matter to the above claim,
has filed a claim in the amount of five hundred thousand dollars
for loss of consortium caused by the alleged serious and
permanent injuries ,to her husband.

Our initial examination of this matter reveals inmate Workman was
found lying in a puddle of blood with a large laceration on top
of his head and was sent to the local hospital via ambulance.
Records are being reviewed to determine if there was any history
of seizures or any other reason why he should not have been on
the upper bunk. (TRT-SCR-2001-030S0)
FCI THREE RIVERS
Bruce. The claimant,
who has been released from
custody, alleges, with the help of an attorney, that the BOP
negligently failed to diagnose and properly treat advanced
periodontal disease, with resultant loss of all teeth. Also, he
alleges staff negligently failed to properly fit and provide
dentures, resulting in intense pain and suffering, the inability
to eat, and humiliation. (T-SCR-2001-03134)

,SIGNIFICANT ADMINISTRATIVE REMEDIES
None

.....

UPCOMZNG TRZALS OR HEARINGS

FMC FORT WORTH
McGuire v s USe. A court ordered settlement conference was
conducted on December 1, " 2000, ;n this previously reported case.
No settlement was reached.

4016

('

FCl OAKDALE
(
\

The Kennedy trial has been continued.
been set.

A new trial date has not

FCl THREE RIVERS
Wjlcox y. purdy,et al, C-98-S01, USDC/SDTX.

the allegation that the defendant,

This suit involves

who at the

was SIS Lieutenant at Three Rivers, retaliated against the
plaintiff because the plaintiff had filed written grievances
against him.

ti~e

~~~
,U

The plaintiff, who was in SHU during this time, alleges first
" that the defendant confined him in a cell with an inmate who
wished to hurt him. Second, the plaintiff alleges that while th~
def'endant' investigated the plaintiff's complaint that his cellmate
wished to hurt him, the defendant had him placed in a shower
cell.
Third, the plaintiff alleges that while he was in the
regular SHU cell, he was denied an additional mattress which he
requested as a place on which to store his legal materials.· This
mattress, he alleges, was necessary to keep his legal materials
dry during the occasional flooding in SHU, occasioned by the
stuffing of foreign 'objects into the drain by inmates.
Trial is scheduled before u.s. Magistrate Judge El~ington in
Corpus Christi on December ,14. Martin Swe
will be attending
the trial,
~

MEDiCAL MALPRACTiCE
LITIGATION
Mjchael G McClure y
U.S Bureau of Prisons, Civil Action No.
3:00-CV-079S-G (ND/TX) Dallas Division.
Petitioner alleges he
sought medical care while at FC! Seagoville, for urinary
incontinence, but he was refused treatment and "Depends," an aduit
undergarment. As a result, he alleges he was subjected to a
series of humiliat~Bg circumstances causing significant emotional
distress and de~ression.

ENSIGN AMENDMENT
None
LITIGATION
None
TORT CLAIMS

4017

None

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FCC BEAUMONT

On November 2, 2000, Magistrate Judge Earl S. Hines issued two
Report and Recommendations recommending dismissal of the United
States and the sole BOP employee named as a Bivens defendant in
. 1: 99-CV-478 '(EDI

TX).
In this case, former BMp . inmate
filed a hybrid
FTCA/BiYens complaint in which he claimed that a BMP officer and
the United States failed to adequately protect him from an
assault by another inmate on February 26, 1998 and negligently
failed to provide him adequate medical care for his injuries.
Plaintiff sustained second and third degree burns over 12% of his
body when another BMP inmate assaulted him by throwing an
extremely hot unknown liquid substance on him while he slept
during the early morning hours.
When the case was originally filed, plaintiff was represented by
retained counsel. However, in the wake of the Report and
Recommendations, plaintiff's counsel filed a motion in which he
agreed to voluntariLy dismiss the United States and the sole BOP
Bivens defendant, l~aving only the Univers"ity of Texas Medical
Branch (the contraC't.or which provides health care services at FCC
Beaumont) and another inmate (plaintiff's alleged assailant) as
defendants. Plaintiff now alleges that his counsel took this
action without his knowledge or consent, and has advised the
court that he wishes to fire his counsel. Additionally,
-plaintiff has filed a motion to withdraw his counsel's voluntary
dismissal of the United States, as a defendant.
We are awaiting
an"order on t~e Report and Recommendations and plaintiff's
motions.
CRIMINAL MATTERS AND PROSECUTIONS

4018

.'

(

FCI FORREST CITY
United States v. Bunton. A jury trial was held November 20-22,
2000, in this inmate-an-inmate assault case.
The inmate was
found not guilty.
FCI SEAGOVILLE
Inmate Frank Taylor and his girlfriend, Elvie Bell, pled guilty
to drug introduction charges.
Inmate Taylor is scheduled for
sentencing in January 2001; Ms. Bell in May 2001. Elvie Bell was
'supplying Taylor's younger sister, Shilita Taylor, with cocaine.
Shilita provided cocaine-filled balloons to Taylor in the
. Visiting Room. The SIS confiscated 29 balloons filled with
cocaine ..
FDC HOUSTON
On October 10, 2000, designated short-term female inmatetilla
. . . . . .-.approached staff and requested,to speak with a
Lieutenant concerning information that a friend of hers had
engaged in sexual contact with a staff member.
Inmate
~
subsequently informed the Operations Lieutenant that she
herself had engaged in sexual contact with a Correctional
Officer.
Inmate
reported that during the early
morning hours of October 8, 2000, she had engaged in oral sex
and sexual intercourse with the Officer in the staff restroom
located in the female housing unit. Staff transported inmate
~to an outside hospital for an examination.
The matter
1S being investigated by OIG and the FBI.
Inmate II....~
projected release date was December 2, 2000.
FTC OKLAHOMA CITY
At approximately noon on October 26, 2000, inmate ~
demanded the PA to refill his medication. The inmate became
verbally assaultive when he was advised he had to go through
appropriate channels, and he shoved the PA in the chest area.
Once outside the unit, the inmate shoved the officer in the chest
area as well. The FBI has been notified and an investigation is
pending.
....
At approximately 4:45 a.m. on November 20, '2000, staff were
e~co~ti~g inmate
from SHU to R&D for the outgoing
airlift when he started spitting on the officer, striking him in
the left eye.
I n m a t e " was immediately placed on the floor.
One staff sustained a contusion of the right hand and the other
was e~amdine~ for bthe ~pit in bhishlef~ eye. Inmate
sllsta1ne ,m1no~ a ras~ons to o~ wr1sts and ankles where he had
struggled against restraints .. The FBI has not determined whether
this matter will be referred for prosecution.

a

4019

,~~
l/

Last month it was reported that inmate . . . .t
~ had gtrabbedtha femlale. staff's 19~nital.ia atrea has she waited
for hl.m to pu away
e c eanl.ng supp l.es prl.or 0 t e
4 p.m. count. It was reported the FBI has agreed to refer the
matter to the U. S. Attorney's Office for prosecution; however, the
FBI has subsequently indicated they declined referring the matter
for prosecution, because the BOP had no witnesses. The Warden
concurs with this decision.
CORRECTION:

(: ...

FCl TEXARRANA

On November 19, 2000, inmate Jose Castillo walked away from the
Satellite Camp. The u.S. Marshal Service has been notified.

PERSONAL :ISSUES

.....
, ... -

Scheduled Annual/Sick Leave:

- December 7.' January 5
',.. December 13 - 20
- December 20-22
December 26-29,
January 2

- LWOP

- Sick Leave
- Annual Leave
Annual Leave

- December '26-29

Annual Leave

- January 2-5

Annual Leave

4020

~-+-

(

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

Dallas. Texas 75219
January 10, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - December 2000

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NO

DEC

V

( ...

RECEIVED

227

220

304

219

255

329

257

296

244

257

ANSWERED

105

132

162

182

169

203

241

158

218

160

23
7
20
5

153
129

TORT CLAIMS
PENDING
RECEIVED
ANSWERED
PENDING
OVER SIX MO

JAN
257
61
62
256
0

FEB
256
76
62
270
0

MAR

APR

280
53
82
251
0

261
46
40
267
0

MAY
279
70
82
267
0

JA

FE
B
13
58
61
10
0

MA

AP

MA

R
10
98
73
35
0

R

Y
45
74
88
31
0

JON

JUL

290
72
70
292
0

272
68
69
271
0

JO
N

JO
L

31
84
62
53
0

53
58
69
42
0

AUG
266
78
75
269
1

SEP
275
59
68
266
1

OCT
279
49
93
235
0

NOV
223
50
49
224
0

DEC
223
61
56
228
0

AU
G
42
66
77
31
2

SE
P
32
89
63
58
0

OC

NO

T

V

58
61
77
42
2

42
61
60
43
2

DE
C
43
61
54
50
5

FOI/PRIVACY
N

PENDING
RECEIVED
ANSWERED
PENDING
OVER 20 DAYS

5

48
40
13
0

35
81
71
45
0

4021

LITIGATION

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

JA
N

FE
B

MA

AP

MA

JU

JU

AU

R

R

Y

N

L

G

SE
P

OC
T

12
12
7
3
2
0
12
1

11
5
7
2
2
0
11
4

7
11
2
2
0
3
7
2

9
13
6
2
0
1
10
2

24
15
16
6
1
1
12
1

10
7
6
2
2
0
7
0

20
35
13
0
0
9
1

20
5
15
1
4
0
12
0

9
0
5
3
0
1
9
5

17
7
7
9
1
0
19
2

0
9
3

20
3
15
4
0
1
4
2

0

0

1

0

0

1

1

0

0

1

0

0

7

NO
V

15
6
10
3
2

DE
C

CASES WITH HEARINGS OR TRIALS
FCl FORREST CITY
Jeff King, Sr y. Marvin D. Morrjson. Hearing date was
December 20, 2000. The Judge ordered that the BOP release inmate
King on or before December 28, 2000, to begin his supervised
release immediately. The decision was based on the district
court's desire to allow the inmate to receive early release based
on his favorable ruling in the 5 th Circuit. The BOP decided not
to appeal this decision.

\,

FMC FORT WORTH
McGuire y United States, et al , 4:91-CV-831-Y. The McGuire
case is a previously reported wrongful death case.
Plaintiff,
Rochelle McGuire, filed a Bivens and FTCA case on behalf of the
two minor children of her daughter, Sheila A. Moore, a former
inmate at the Federal Correctional Institution, Fort Worth,
Texas. Ms. Moore died on January 3, 1988, as a result of
ingesting cocaine while confined as a federal inmate at FPC, Fort
Worth. A court ordered settlement conference was held; however,
no settlement was reached. The trial was held on January 9,
2001. The plaintiff moved for a voluntary court dismissal, which
was granted.

CASES WITH SETTLEMENTS OR AWARDS

a.

Adverse judgments

See King above.
Tort Claim settlements
GEICQ General Insurance. A settlement offer was accepted in the
amount of $4,569.20 as a result of an automobile accident that
occurred on April 20, 2000. This accident occurred when an

4022

(

inmate from the Federal Prison Camp in El Paso, operating a
UNICOR transport bus, rear-ended a 1994 Nissan Altima, owned by
Mr. Joe Ogle. (TRT-SCR-2000-01659)
c.

Other settlements

None
SIGNIFICANT CASES
FTC OKLAHOMA CITY

On December 15, 2000, the day after closing arguments were heard
in Trentadue v. u. S. A, et al., ~,l:t¢' j:ury,'!"'etUrnedcf ,verdic.t. , for,
the', Plaintiff' in the amount of $20, 000 .. ocr; finding former BOP
Lieutenant Stuart Lee had been deliberately indifferent to the
inmate's medical need. This was a jury verdict against Mr. Lee in
his individual capacity. The Judge has not yet ruled on the FTCA
claim against the government.
SIGNIFICANT TORT CLAIMS

None
SIGNIFICANT ADMINISTRATIVE REMEDIES

None
UPCOMING TRIALS OR HEARINGS

None

MEDICAL MALPRACTICE
LITIGATION

None
ENSIGN AMENDMENT

None
LITIGATION

None
TORT CLAIMS

4023

None

(

RELIGIOUS FREEDOM RESTORATION ACT
LITIGATION
None
TORT CLAIMS
None
PRISON LITIGATION REFORM ACT ORDERS
None
SITUATIONS OF INTEREST
FMC FORT WORTH
Judge Melinda Harmon and five officers from the U. S. District
Court, Houston, Texas, conducted a hearing regarding inmate Jorge
Collazo. The hearing was conducted at FMC Fort -Worth because the
inmate is paralyzed from the waist down and the court does not
have related accommodations. On January 4, 2001, the inmate was
arraigned on the charges and the case is set for trial.

CRIMINAL MATTERS AND PROSECUTIONS
FeI BEAUMONT (LOW)
The trial of inmate
b,0
is currently scheduled to begin
on January 22, 2001. As previously reported, inmate blGhas been
charged with Possession With Intent to Distribute Marijuana in
violation of 21 U.S.C. § 841(a), and Possession of a Prohibited
Object in Prison in violation of 18 U.S.C. § 1719 (a) , in
connection with his attempt to smuggle marijuana into the
institution through the Visiting Room in June 2000.
I

USP BEAUMONT
The trial of a former correctional officer is currently scheduled
to begin on January 16, 2001. As previously reported, on
April 3, 2000, the officer was arrested in Houston after
accepting a delivery of crack cocaine intended for introduction

4024

(

(

into the institution and distribution to inmates. Also arrested
in connection with this incident were two civilians who delivered
the cocaine to the officer. On April 20, 2000, the officer and
his co-defendants were indicted on charges of Conspiracy to
Possess With Intent to Distribute Crack Cocaine in violation of
21 U.S.C. § 846, and Possession·With Intent to Distribute Crack
Cocaine in violation of 21 U.S.C. § 841. Both of the office~s
co-defendants have entered into plea agreements and plead guilty
to Conspiracy to Possess with Intent to Distribute Cocaine. The
officer has refused to enter into a similar plea agreement and
has elected to go to trial.
FeI EL RENO
On December 23, 2000, a Hispanic inmate was seriously assaulted
by a rival Hispanic gang member in one of the housing units.
The
inmate-victim remains hospitalized.
During the incident,
Correctional Officer Doyle was assaulted by the attacking inmate
but sustained minor injuries.
Both assaults have been referred
to the FBI for criminal prosecution.

FTC OKLAHOMA CITY
On November 30, 2000, at approximately 11:06 a.m., inmate
Lujan-Elizondo became agitated and loud in front of other inmates
after the Captain conducted town hall regarding sanitation
issues. The inmate was brought out of the housing unit to talk
with the Captain when the inmate turned and struck the Captain in
the face.
The Unit Officer, Acting Associate Warden (P), and
Counselor were present, and brought the inmate to the floor.
The
Captain sustained a laceration above his right eye, and the
inmate had minor bruising.
On December 1, 2000, the U.S.
Attorney's Office agreed to accept this matter for prosecution and
it is currently scheduled for the January 2001 grand jury docket.
PERSONAL ISSUES

Scheduled Annual/Sick Leave:
- January 19

4025

- Annual Leave