-

....

~
~,.,

.
\

..

1

~

.

' ,

.

United States Government
MEMORANDUM

Date:

August 21. 1992

Reply to
Attn of:

Sherree L Sturgis. Regional C
el
SoUlheast Region, Bureau of ri ons

Subject:

JuIY,1992 SER Lhigation

To:

SER CEOs. Regional Administrators.
InsthUlion Paralegals
Wallace H. Cheney. General Counsel

.

~

New Cases

r
2. JOSE DE LEON

v.

UNITED STe-TES ~

t.J!

Court: NORTHERN DISTRICT OF GEORGIA
-....l·) •
07 i2- .
Docket No.: 1:92-CV-1376-WCO
-"'--0
,
Institution : USP, Atlanta
! I
Type of Case : Habeas Corpus
8 1992
Subject: SENTENCING
'r..,,/Pf'?;'-l·i';;;:-·
1· ....·0': ·
Ut , I
Facts Alleged: Inmate at ATL alleges that ihe-Uii\s: sp'ent
in INS custody in 1989-1990 should be credhed to his
sentence.
Damages Req: 0; Special Monitoring: ID12, Case
management may be a problem. Less than 48 hours
response time.
Rec'd in Legal: July 13. 1992; Due: 07-13-1992
Assigned to: Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta. GA; Wanda Hunt, Staff Counsel, USP, Atlanta

.~..

2

1. MARIO BODE DELGADO v. U.S.

3, JUAN MONTOYA v. FRED STOCK

BUREAU OF PRISONS, et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1566-RHH
Institution: USP, Atlanta
Type of Case : Habeas Corpus
Subject: INMATE DISCIPLINE
Facts Alleged: Inmate at ATL alleges DHO action at TCN
in 1988 was not supported by sufficient evidence because
it was based on uncorroborated information from
confidential informants.
Damages Req: 0; Special Monitoring : 0, Not assigned to
special monitoring
Rec'd in Legal: July 13,1992 July 13,1992; Due: 07-27-1992
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Wanda Hunt, Staff
Counsel, USP, Atlanta

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1609-CIV-GRAHAM
Institution: MCC, Miami
Type of Case: Habeas Corpus
Subject: MEDICAL TREATMENT
Facts Alleged: Cain. state prisoner in MIA on writ ad pros
claims denial of medical care for ophthalmological
problem since 1990. Also seeks TRO. Hearing held on
07-10·1992. Hearing on TRO scheduled for 07-14.
Damages Req: 0; Special Monitoring: IB2. May be
financialliabilhy, All cases involving injury which caused
loss of limb Dr body function.
Rec'd in Legal: July 13. 1992; Due: 07·14-1992
Assigned to : Maureen Donlan; Assistant U.S. Attorney,
Miami, FL; Dena Davion, Paralegal Specialist, MCC,
Miami

/.

CEO Litigation Report
August 21, 1992 - Page 2

NICHOLAS ACOSTA-HERRERA v. FRED

CK

6. ROBERT ERRA v. J. MICHAEL QUINLAN,
et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket -No.: 1:92-CV-1542-RlV
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: FURLOUGHS
Facts Alleged: Inmate at ATl was denied a furlough to
attend his wHe's funeral In Panama in 1992. He alleges this
Is a violation of the 14th amendment as well as the Human
Rights Treaty between the Unhed States and Panama.
Damages Req: 0; Special Monitoring: 1012, Case
management may be a problem, less than 48 hours
response time.
Rec'd In Legal: ; Due: 07-13-1992
Assigned to: James R. Schultz; Assistant U.S. Attorney,
Atlanta, GA; Gene Dixon, Paralegal Specialist, SERO

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1259
Institution: Fel, Tallahassee
Type of Case: Personal liability Action (Bivens)
Subject SENTENCING
Facts Alleged: Inmate at TAL alleges that false and
prejudicial allegations which are contained In his records
have resulted In adverse determinations being made against
him.
Damages Req: 100,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: July 13. 1992; Due: 07-29-1992
Assigned to: Robyn J. Hermann; Assistant U.S. Attorney,
Deputy Chief, Civil Division, Miami, FL; Earl L Cotton,
Assistant Regional Counsel, SERO

5. KENNETH LINN v. SHIRLEY MINTER

7. WOODROW JOHNSON v. UNITED
STATES, et al

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-40214
Institution: Fel, Tallahassee
of Case: Personal Liability Action (Bivens)
. TRANSFERS

Alleged: Inmate at FTW alleges that while at TAL In
1991, he was transferred In retaliation for his Unit Manager's
demotion. The inmate also alleges that he was job transfer
without a written explanation as required by administrative
regulations.
Damages Req: $300,000; Special Monitoring: 108, Case
management may be a problem, Other: Sensitive request
for advise
Rec'd in Legal: July 13, 1992; Due: 08-18-1992
Assigned to: Kenneth W. Sukhla; Unhed States Attorney,
Tallahassee, Fl; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee

Court: NORTHERN DISTRICT OF ALASNM.
Docket No.: CV-92-B-700-S
Institution: FCI, Talladega
Type of Case: Personal liability Action (Bivens)
Subject. AIDS
Facts Alleged: Inmate at TOG alleges that he was exposed
to a cell mate with HIV who subsequently died. This
exposure has resulted In cruel and unusual punishment.
Damages Req: $250,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: July 13, 1992; Due: 08-14-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, Al; Gerelene Gooden. Paralegal Specialist,
FCI. Talladega

CEO Litigation Report
August 21, 1992 - Page 3

• PAUL VREONES v. BOP, et al
• SOUTHERN DISTRICT OF FLORIDA

10. STANLEY BLACKWELL v. BUREAU OF
PRISONS, et al

Docket No.: 92-8372-CIV
Institution: Southeast Region
Type of Case: Habeas Corpus
Subject SENTENCING
Facts Alleged: Inmate at Salvation Army Half-Way House in
West Palm Beach. FL complains that due to improper
sentence computation, he Is being Imprisoned beyond his
release date. Claims he should have been eligible for parole
on a new law sentence that was imposed during the time
FFLS had declared sentencing guidelines unconstitutional.
Damages Req: 0; Special Monitoring: O. Not assigned to
special monitoring
Rec'd In Legal: July 20, 1992; Due: 07-28-1992
Assigned to: Susan J. Johansen; Paralegal Specialist, U.S.
Attorney's Office, Ft. Lauderdale, FL; Sharon Ragland,
Paralegal Specialist, Southeast Regional Office

Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 92-H-13333-E
Institution: FCI, Talladega
Type of Case: Personal Uability Action (Bivens)
Subject DISCRIMINATION -INMATE
Facts Alleged: Inmate at TOG complains that In 1991 he was
discriminated against because of his race because he was
not given a new Job In UNICOR. He also alleges that a
retaliatory memorandum was Issued as a result of his filing a
BP-9 resulting In harassment and humiliation.
Damages Req: $120,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: July 20.1992; Due: 09-12-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham. AL; Gerelene Gooden. Paralegal Specialist,
FCI, Talladega

9. GERADO SOLANA v. WILLIAM BARR, et al

11. ARNOLD FANTv. TALLADEGA MEDICAL
OFFICE PARK, et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-602
mSirllUl1on: USP, Atlanta
of Case: Habeas Corpus
Subject TRANSFERS
Facts Alleged: Inmate at ATL complains that he has not
been transferred to the Camp as he was designated. He
also complains that has not been transferred as a result of
discrimination.
Damages Req: 1,000,700.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: July 20, 1992; Due: None, US Attorney Not Served
Assigned to: James R. Schultz; Assistant U.S. Attorney.
Atlanta, GA; Gene Dixon, Paralegal Specialist, SERO

Court: NORTHERN DISTRICT OF ALAB/JJM
Docket No.: 92-B-0635
Institution: Southeast Region
Type of Case: Habeas Corpus
Subject ACCESS TO COURTS
Facts Alleged: Inmate at LEW alleges that In 1992, the
defendants were ordered to file a special report. He claims
that the defendants failed to do so properly and should be
placed in contempt of court. Claims he did not receive a
copy because defendants had Instructed post office to
return envelope as undeliverable. 06-07-1992 the court
dismisses the action.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: July 20, 1992; Due: -1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney.
Birmingham, AL; Gerelene Gooden. Paralegal Specialist,
FCI. Talladega

CEO Litigation Report
August 21, 1992 - Page 4

PETER C. SMITH v. OLIVER L. MINCEY,
al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1023-0DE
Institution: USP, Atlanta
Type of Case: Personal L1abil~y Action (Bivens)
Subject: MISCELLANEOUS
Facts Alleged: Inmate at ATLln t992 claims that his legal
mail was opened read and photocopied and that mail was
returned to sender while he was still at the inst~u1ion.
Damages Req: 0; Special Monitoring : O. Not assigned to
special mon~orlng
Rec'd in Legal: July 21, 1992; Due: -1992
Assigned to : James R. Schultz; Assistant U.S. Attorney,
Atlanta. GA; Mary Swint, Legal Assistant. SERO
_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _

13. JOHN DAWSON v. ROGER SCOTT
Court: NORTHERN DISTRICT OF AUlBAMA
Docket No. : CV-92-AR-1168-E
Institution: FCI, Talladega
Type of Case: Habeas Corpus
Subject: SENTENCING
Alleged: Inmate at TOG alleges that he has been
cred~ to his sentence for the time spent in the
nalll-W"V house and safe house. may have been in state
custody at the time.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special mon~oring
Rec'd in Legal: July 21, 1992; Due: 07·21-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI. Talladega
_____________________

14. GILBERT FERNANDEZ v. US BOP, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No. : 92-1418
Institution : MCC, Miami
Type of Case: Habeas Corpus
Subject: AD DETENTION
Facts Alleged: Detainee arrived at MIA in Feb. of 1992 and
was placed In a special housing un~ as an escape risk.
Denied the right to a transfer to general population.
Damages Req: 0; Special Monitoring: O. Not assigned to
special mon~orlng
Rec 'd in Legal: July 21,1992; Due: 07-27·1992
a
SSigned to: Vivian Rosado; Assistant U.S. Attorney. Miami,
_ _ L; Dena Davlon, Paralegal Specialist. MCC. Miami

15. GEORGE BUCKLES v. JOSEPH CLASS, et
al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-50125
Institution: FCI, Marianna
Type of Case: Habeas Corpus
Subject: DETAINERS
Facts Alleged: Inmate at MNA alleges that a detainer was
lodged against him from GA In 1992 after ~ had been
allegedly dismissed In 1991. This was done In retaliation for
complaints.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special mon~oring
Rec'd In Legal: July 21. 1992; Due: 0S-<l6-1992
Assigned to : Samuel A. Aiter, Jr.; Supervising Assistant U.S.
Attorney. Pensacola FL; Sterling Dawson. Paralegal
Specialist, FCI, Marianna

16. ALBERT GRAHAM

v. FRED STOCK, et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 92-000
Institution: USP, Atlanta
Type of Case: Personaillabil~ Action (Bivens)
Subject: DISCRIMINATION
Facts Alleged: Inmate at ATL alleges that he was
discriminated against because of his race when he was not
allowed to work for the Plumbing Shop In 1991. Due to the
negligence of his foreman in the Steam Shop, he was
severely burned. Denied access to courts and the U.S. maio
Damages Req: 45.000,000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: July 2 1. 1992; Due: NONE, NO SUMMONS ISSUED.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief, Civil Division, Atlanta, GA; Wanda Hunt. Staff Counsel,
USP, Atlanta

CEO Litigation Report
August 21, 1992 - Page 5

PETER SMITH v. WILLIAM BARR, et al
NORTHERN DISTRICT OF GEORGIA

nnr'"o' No.: 92-000

Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject TELEPHONES
Facts Alleged: Inmate at ATL complains that the
Implementation of the new "ITS". Inmate Telephone System
by the Bureau of Prisons Is unconsmutional because he Is
no longer able to make collect phone calls and must seek
prior approval for any call he wishes to make and pay for
from the funds in his account.
Damages Req: 6,000.000; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: July 21,1992; Due: NONE, NO SUMMONS ISSUED.
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Chief, Civil Division, Atlanta. GA; Wanda Hunt, Staff Counsel,
USP, Atlanta

18. GARY YOUNG v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-910
'nsr,lrurlon:. USP, Atlanta
of Case: Personal Liability Action (Bivens)
SubJiect: CORRESPONDENCE
Facts Alleged: Inmate at ATL complains that his legal mail
was opened. delayed, obstructed, read and compromised In
1992. Note that Inmate seeks lis pendens attachment of
defendants' property.
Damages Req: 1,050,000.00; Special Monitoring: 108, Case
management may be a problem, Other: Lis Pendens
Rec'd in Legal: July 21,1992; Due: 08-11-1992
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney,
Chief. Civil Division. Atlanta, GA; Wanda Hunt. Staff Counsel,
USP, Atlanta

19. ZELMORE BEATTYv. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No. : 1:92-CV-877-0DE
Institution: USP, Atlanta
Type of Case: Personal Liability Action (Bivens)
Subject: CORRESPONDENCE
Facts Alleged: Inmate at ATL complains that his legal maD
had been tampered with, delayed, opened, and
photocopied In 1992.
Damages Req: 1,050,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd in Legal: July 21,1992; Due: 08-10-1992
Assigned to : Curtis E. Anderson; Assistant U.S. Attomey,
Chief, Civil Division, Atlanta, GA; Wanda Hunt, Staff Counsel,
USP, Atlanta

20. KEITH DEBLASIO v. ROGER SCOTT, et al
Court: NORTHERN DISTRICT OF AIJoJJAMA
Docket No.: 92-N-I09-S
Institution: FCI, Talladega
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: I nmate at TOG complains that the time spent
In a half-way house In 1990 should be credited to his
sentence.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd in Legal: July 21, 1992; Due: Q8-<l3-1992
Assigned to: Winfield J. Sinclair; Assistant' U.S. Attorney,
Birmingham, AL; Earl L Conon, Assistant Regional Counsel,
SERO

21. JAMES ELLIS v. FRED STOCK, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-1673
Institution: USP, Atlanta
Type of Case: Habeas Corpus
Subject: SENTENCING
Facts Alleged: Inmate at ATL complains that the USPC and
BOP arbitrarily took away his statutory and extra good time
credits. He also complains that the USPC Is attempting to
make him serve this time on parole.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec 'd in Legal: July 21,1992; Due: Q8.{)4-1992
Assigned to: Jane W. Swift; Assistant U.S. Attorney, Atlanta.
GA; Wanda Hunt. Staff Counsel, USP, Atlanta

CEO Litigation Report
August 21, 1992 - Page 6

4\
\lSI

JOHN BERRY v. ROGER SCOTT, et al
NORTHERN DISTRJCT OF M.ABAMA

Docket No.: 92-PT-878
Institution: FCI, Talladega
Type of Case: Personal Uabllity Action (Bivens)
Subject: ACCESS TO COURTS
Facts Alleged: Inmate at TOG complains that his access to
courts has been obstructed through acts of the defendants
In 1992 because of poor quality of photocopies. Warden
faDed to adequately train staff In their responsibilities.
Damages Req: $400,000.00; Special Monitoring: 0, Not
assigned to special monitoring
Rec'd In Legal: July 21, 1992; Due: 0fH)4-1992
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney,
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
FCI, Talladega
___________________

23. MICHAEL MANN v. ROGER SCOTT, et al

24. DEAN WILLIS v. BOP, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-000
Institution: FPC, Pensacola
Type of Case: Personal Uabnity Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: EGL inmate claims Navy officer at Whiting
Field deliberately injured his knee on May 18, 1990. Claims
same officer had injured Inmate Craevllng the previous day
after officer was advised that both Inmates had beel1
convicted of drug offenses. Officer refused to take Dean for
medical care. Camp PA refused to allow hospital attention
for six months.
Damages Req: $250,000; Special Monitoring: IC7, Publicity
/Impact on staff morale, Medical Malpractice
Rec'd In Legal: July 27, 1992; Due: NONE, NO SUMMONS ISSUED.
Assigned to: Michael Finney; Assistant U.S. Attorney,
Pensacola. FL; Mary Swint, Legal Assistant. SERO

Court: NORTHERN DISTRICT OF M.ABAMA
25. THOMAS CAMPBELL v. U.S. BUREAU OF
Docket No.: 92-AR-1374
PRISONS, et al
Institution: FCI, Talladega
Court:
NORTHERN DISTRICT OF GEORGIA
Type of Case: Personal liability Action (Bivens)
Docket No.: 1:92-CV-1225
Institution: USP,
:....u,.... "r. MEDICAL TREATMENT
Atlanta
Alleged: Inadequate medical care for growth on toe at
Type of Case: Habeas Corpus
in 1991. Continuing to suffer pain because he has not
Subject
COMMUNITY TREATMENT CENTERS
had necessary surgery.
Facts Alleged: ATL Inmate claims his allowable CTC time
Damages Req: $200.000; Special Monitoring: O. Not
was reduced in 1992. This decision was based only on the
assigned to special monitoring
seriousness of his crime. Claims entitlement to longer
Rec'd In Legal: July 27. 1992; Due: 09-18-1992
period.
Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney.
Damages Req: 0; Special Monitoring: 0, Not assigned to
Birmingham, AL; Gerelene Gooden, Paralegal Specialist,
special monitoring
FCI, Talladega
Rec'd In Legal: July 27. 1992; Due: 08-11-1992
Assigned to: James R. Schultz; Assistant U.S. Attorney,
Atlanta, GA; Sharon Ragland, Paralegal Specialist,
Southeast Regional Office

CEO Litigation Report
August 21, 1992 - Page 7

6. THOMAS ODEN v. BUREAU OF PRISONS
NORTHERN DISTRICT OF GEORGIA

Docket No.: 1:92-CV-1311
Institution: U5P, Atlanta
Type of Case: Mandamus
Subject: MISCEL~NEOUS
Facts Alleged: Inmate at ATL Camp complains that the
leisure library Is not made available to the Inmates as It
should be.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring
Rec'd In Legal: July ZI, 1992; Due: 07-25-1992
Assigned to: Russell G. Vineyard; Assistant U.S. Attorney,
Atlanta, GA; Gene Dixon, Paralegal Specialist, SERO
___________________

27. DAVID YUSTE v. U.S.A, et al
Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1486-CIV-KING
Institution: USP, Atlanta
Type of Case: Personal UabiJity Action (Bivens)
Subject: MEDICAL TREATMENT
Facts Alleged: Inmate at MIA seeks damages for
~nSIJ~eclflea violation of constitutional rights. He makes
htor~:!on"oto FGAN, 1:91-cv-2560 concerning a lack of
mecllcal and dental care at ATL in 1991.
Damages Req: $64.000; Special Monitoring: IC7. Publicity I
Impact on staff morale. Medical Malpractice
Rec'd In Legal: July ZI, 1992; Due: 09-25-1992
Assigned to: Marilyn Undsey; Assistant U.S. Attorney,
Miami, FL; Sharon Ragland, Paralegal Specialist, Southeast
Regional Office
~~_~_ _ _ _ _~~~_ _~~~_~

28. NATHAN ROBINSON, et al v. J. D.
LAMER, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-40267
Institution: FCI, Tallahassee
Type of Case: Personal Liability Action (Bivens)
Subject ATTORNEYS
Facts Alleged: Inmate at TAL claims his right to counsel has
continually been blocked Including his access to man and
postage In 1992. Administrative remedy process affords him
no relief. Staff have misrepresented his security level. Visits
with his co-plaintiff have been met with harassment as a
result of their Interracial relationship. Retaliation for litigation
at THA. LOR and OXF. Represented by Lewisburg Prison
Project.
Damages Req: 3,750.000.00; Special Monitoring: 1010.
Case management may be a problem, Frequent litigator
Rec'd in Legal: July 29, 1992; Due: 08-18-1992
Assigned to: Audry Dee Ann Butler; Assistant U.S. Attorney.
Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI,
Tallahassee

Significant Activity on
Ex.-st.-ng Cases
RAYMOND FIGUERO

v.

U.S.P .C., et al

Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 292-160; Type of Case: Habeas Corpus;
Damages Req: 0
Subject SENTENCING Institution: FCI, Jesup
~c~~ged:lnm~e~JES~egest~hehasn~~en

afforded a preliminary hearing or a revocation hearing that is
required as a result of parole revocation. Also alleging
entitled to jail credit for time in state custody.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-05-1992
Significant Activity: 07-08-1992 Dismissed as moot

CEO Litigation Report
August 21, 1992 - Page 8

o BODE DELGADO v.

U.S. BUREAU OF

ISONS, et al

JAMES LEE MILLER v. D.J. SOUTHERLAND,
et al

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 92-1609-CIV-GRAHAM; Type of Case : Habeas
Corpus; Damages Req: 0
Subject: MEDICAL TREATMENT Institution : MCC, Miami
Facts Alleged: Calif. state prisoner in MIA on wrh ad pros
claims denial of medical care for ophthalmological problem
since 1990. Also seeks TRO. Hearing held on 07-10-1992.
Hearing on TRO scheduled for 07-14.
Special Monitoring: IB2, May be financial liability. All cases
Involving injury which caused loss of limb or body function.
Date Case Filed: 07-10-1992
Significant Activity: 07-22-1992 Hearing on Emergency
Petition for relief attended by Regional Counsel. The court
did not address the disciplinary issue Involved in this case.
Order issued by the court the same day required BOP to
keep the inmate at MIA until the inhial ophthalmologist
appointment is complete and the court has an opportunhy
to review the report. At that time, we will address whether
he may be returned to CA before treatment is provided.
Also. we were ordered to allow examination by an outside
physician to determine the need for emergency treatment.

Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 9O-A-2632-E; Type of Case: Mandamus;
Damages Req: 0
Subject: DISCRIMINATION -INMATE Institution : FCI,
Talladega
Facts Alleged: SPG and TDG refuse to set up program for
blind In 1990.
Special Monitoring: IA 1, Precedent may be Important, May
impact on nationwide policy,
Date Case Filed: @12-14-1990
Significant Activity: 02-26-1991 Dismissed whhout prejudice.

Date Case Filed: 12-21-1989
Significant Activity: 04-30-1990 Magistrate's rep ort
recommends dismissal. an inmate in custody selVing a
sentence and subject to an INS detainer Is not in the
custody of the INS for purposes of habeas corpus. When
he finishes the sentence and INS takes custody he can file
his action. 05-24-1990 Court grants government's motion
for summary judgement, dismisses case.
_ _ _ _ _ _ _ _ _ _ _ _ __ __ _ __ _ _

Docket No.: 9O-702-CIV-ORL-18; Type of Case: Personal
Liability Action (Bivens) ; Damages Req: 0
Subject: MISCELLANEOUS Institution: FCI, Ashland
Facts Alleged: Primarily a challenge to his conviction. but
has alleged beating at ASH in special motion. Now at JES.

LARRY COOPER v. BILL STORY, et al

Court: NORTHERN DISTRICT OF ALABAMA
Docket No. : 89-A-1558-E; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: INMATE DISCIPLINE Institution: FCI, Talladega
Facts Alleged: Denied parole and participation In
institutional programs without due process because of
, . . . - - - - - - - - - - - -- -- - -- - - - unsubstantiated allegations of escape risk.
EL MENDOZA LAZARO v. W.H. SEIFERT Special Monitoring: O. Not assigned to special monhoring
Date Case Filed: 08·31-989
Court: MIDDLE DISTRICT OF ALABAMA
Significant Activity: 06-13-1990 Dismissed based on
Docket No .: 89-D-1376-N; Type of Case : Habeas Corpus;
05-14-1990 Magistrate's report. An inmate has no liberty or
Damages Req: 0
property interest In continuing employment in UNICOR.
Subject: FURLOUGHS Institution: FPC, Maxwell Air Force
Base
Facts Alleged: Furlough denied because of INS d etainer at
DAVID CONGERO, et al v. BRUCE
MON in 1989.
HENSHELWOOD, et al
Special Monitoring: 0, Not assigned to special monitoring
Court: MIDDLE DISTRICT OF FLORIDA

Special Monitoring: O. Not assigned to special monhoring
Date Case Filed: 09-18-1990
Significant Activity: 06-17-1991 Dismissed because of
inmate's failure to comply with a court order.

CEO Litigation Report
August 21, 1992 - Page 9

UEL EUGENE COFFEY v. FRED J. STOCK JON MICHAEL HUNTER
CLASS, et al

. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-794-CAM; Type of Case: Mandamus;
Damages Req: 0
Subject: SENTENCING Institution: USP, Atlanta
Facts Alleged: Denied jail credtt at ATl In 1992 for pretrial
time spent on bond wtth electronic monttoring.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 04-{)3-1992
Significant Activity: 06-24-1992 Magistrate's report
recommends dismissal because time on home confinement
does not qualify for jail credtt. 07-21-1992 Judgement
entered.

DAVID L., SR. L1GHTBURN v.
al

BUTN~R

C.I., et

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 89-2627-C-V-HOEVElER; Type of Case:
Personal Liabiltty Action (Bivens); Damages Req: $2,000,000
Subject: CONDITIONS OF CONFINEMENT Institution:
FCI, Butner
Facts Alleged: Denied adequate diet, facilities overcrowded,
Inadequate mental health care at BUT in 1989. Dismissed
service to be filed in FNCE
~pecial Monitoring: 0, Not assigned to special monttoring
Date Case Filed: 11-29-1989
Significant Activity: 01 -29-1990 Order dismisses petition on
the mertts_

JERRY L. MILLER

v. ROGER F. SCOTT, et al

Court: NORTHERN DI STRICT OF ALABAMA
Docket No.: CV 91-A-1 937-E; Type of Case : Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FCI, Talladega
Facts Alleged: Wants EGT for presentence jail credtt time.
At TOG in 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-12-1991
Significant Activity: 07-30-1992 Dismissed based on
05-21-1992 Magistrate's report.

v. JOSEPH P.

Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: MCA 91-50191N/EA; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FCI, Marianna
Facts Alleged: Denied jail credtt for time in state custody, at
MNA In 1991.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 09-26-1991
Significant Activity: 03-{)9-1992 Magistrate's report
recommends dismissal. Inmate held In Northern District of
Florida serving a sentence and subject to prosecution by
the Middle District of Florida on addttlonal charges Is not
subject to the Interstate Agreement on Detalners.
05-11-1992 Dismissed.

THOMAS D. POWELL v. WILLIE SCOTT, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 89-30260/WEA; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FPC, Eglin Air Force
Base
Facts Alleged: Failure to credtt jail time as provided In plea
agreement.
Special Monitoring : 0, Not assigned to special monttoring
Date Case Filed: 10-{)2-1989
Significant Activity: 06-12-1990 Order grants government's
motion for summary judgement, dismisses case.

CEO Litigation Report
August 21, 1992 - Page 10

TER A. HALABURDA
ORNBURGH

v. RICHARD

Court: NORTHERN DISTRICT OF GEORGIA
Docket No. : 1:89-CV-1810-0DE; Type of Case: Employment
Discrimination; Damages Req: unspecified back pay
Subject: DISCRIMINATION Institution: USP, Atlanta
Facts Alleged: Former Employee of ATL claims
discriminated against and discharged In retaliation for
assisting an employee In EEO complaint
Special Monitoring : IC2, Publicity /Impact on staff morale,
All employee su~s.
Date Case Filed: 08-14-1989
Significant Activity: 08-12-1991 Trial on the merhs.
10-11-1991 Special Master's report recommends dismissal
of action because the plaintiff failed to prove he was
dismissed because of retaliation for Title VII activ~ies.
11-13-1991 Response of US to plaintiff's objections to
report. 04-28-1992 Court adopts Magistrate's Report,
dismisses case.
- - - - - - - - - - - - - - - - -- --

ARNOLD NORMAN FANT v. MAX WEGER, et al
Court: NORTHERN DISTRICT OF GEORGIA
No.: 1:90-cv-2489-H1W; Type of Case: Habeas
Damages Req: 0
)UL'J""". TRANSFERS Institution: FCI, Talladega
Facts Alleged: Denied medical transfer for unspedied
problem in 1990 from TOG.
Special Monitoring : 0, Not assigned to special monitoring
Date Case Filed: 10-24-1990
Significant Activity: Appeal to 11 th Circuh (91 -8776)
dismissed for lack of jurisdiction because the district court
had not made a final ruling on the motion for summary
judgement. 1Hl5-1991 Appeal Dismissed.

GORDAN L. DOLLAR v. C.F.1. WARDEN
SAMPLES
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 89-{)00; Type of Case : Injunction; Damages
Req:O
Subject: EDUCATION, VT Institution: FCI, Marianna
Facts Alleged: Refuses to take education tests at MNA In
1989
Special Monitoring: 0, Not assigned to special monhoring
Date Case Filed: @09-29-1989
Significant Activity: 06-{)6-1991 Magistrate's report
recommends dismissal for failure to show proof of service.

EDWARD LIN DAVIS v. ROBERT HONSTED, et
al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: 291-140; Type of Case: Personal Liability Aclion
(Bivens); Damages Req: $1,916,300,000.00
Subject: SENTENCING Institution : FCI, Jesup
Facts Alleged: Release date miscalculated at JES In 1991
causing suicide of family members.
Special Monitoring: 0, Not assigned to special monhoring
Date Case Filed: 07-11-1991
Significant Activity: 07-20-1992 Dismissed via voluntary
Stipulation.

FRANCISCO COLON

v. R.L. MATIHEWS, et al

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-{)271-JOF; Type of Case : Habeas Corpus;
Damages Req: 0
Subject: DETAINERS Institution: USP, Atlanta
Facts Alleged: Interstate Agreement on Detainer request
- - - - - - - - - - - - - - - - - - - - - from FL violates law because he had already been tried on
the charges.
WILLIAM L. DEERING v. U.S.P.C., et al
Special
Monitoring : 0, Not assigned to special monhoring
Court: NORTHERN DISTRICT OF ALABAMA
Date Case Filed: 02-24-1990
Docket No.: 9O-A-2128-E; Type of Case: Habeas Corpus;
Significant
Activity: 08-30-1990 Mag Report recommends
Damages Req: 0
dismissal.
He does not agree with our failure to exhaust
Subject: PAROLE Institution: FCI, Talladega
remedies argument because the time for exhausting the
Facts Alleged: Court orders amended petition with specific
remedies available under the lAD has already run. The
instructions for completing form.
detainer presented to the warden was properly
Special Monitoring : 0, Not assigned to special monitoring
documented. The fact that there may be some underlying
Date Case Filed: 12-{)6-1990
irregularhy in the criminal action ~self does not void the
Significant Activity: 01-17-1992 Order dismissed case for
detainer. 02-25-1991 Order dismisses case based on
failure of inmate to comply w~h order to amend complaint.
Magistrate's report.

CEO Litigation Report
August 21, 1992 - Page 11

LYDE R. ALLEN

v. UNITED STATES

. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:91-CV-73-JTC; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: USP, Atlanta
Facts Alleged: Challenges forfeiture of good time credits
when paroled in ATL in 1990.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 01-10-1991
Significant Activity: 04-23-1991 Dismissed without prejudice
for failure to exhaust administrative remedies.
-------------------

HECTOR RICARDO MANSO v. WILLIE
SCOTT, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: PCA 9O-30123/SMN; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: FPC, Eglin Air Force
Base
Facts Alleged: Challenges computation of sentence and
plans to transfer from EGL to MIA In 1990.
Special Monitoring: O. Not assigned to special monitoring
Case Filed: 06-01-1990
~ialilificantActlvlty: 06-14-1990 Dismissed on the motion on
the merits.

CEDRIC DEVON LOWE v. JUDGE MILE
HUFFSTUTLER, et al
Court: CIRCUIT FOR THE SIXTH CIRCUIT
Docket No.: 89-5996; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: DETAINERS Institution: FCI, Memphis
Facts Alleged: Claims detainer that prohibits CTC
placement from MEM In 1989 is Invalid. DC dismissal as
frivolous upheld.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-01-1989
Significant Activity: 05-21-1990 Dismissed.

RAYMOND JOHNSON v. DONALD J •
SOUTHERLAND, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-89-H-0444-E; Type of Case: Personal
Liabnity Action (Bivens); Damages Req: $3.410,000
Subject: PROTECTIVE CUSTODY Institution: FCI,
Talladega
Facts Alleged: Wrongly placed In protective custody at TOG
In 1988. denied administrative remedies. man. medical care.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-28-1989
Significant Activity: 02-26-1991 Dismissed based on
12-27-1990 Magistrate's report. 07-01-1991 Appealed to
CA11.91-7205

JOSE CARLOS SANCHEZ-RIOS v. R.E.
HONSTED, et al
Court: SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV292-140; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: FINES Institution: FCI, Jesup
Facts Alleged: Sought adjudication of Indlgency before
magistrate for committed fine. Denied because he owned 2
cars. Appealed to regional director alleging the cars had
been sold. Appeal denied because new evidence should go
back to magistrate for additional fact finding. Suit seeks
immediate relief because denied CCC ptacement because
of the flne.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 05-15-1992
Significant Activity: 07-16-1992 Dismissed. Inmate allowed
to execute Indigency oath.

LARRY N. BRANHAM v. J. MICHAEL QUINLAN
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-853-RLV; Type of Case: Mandamus;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: USP, Atlanta
Facts Alleged: Denied knee replacement surgery at ATL in
1992 because condition was preexisting.
Special Monitoring: O. Not assigned to special monitoring
Date Case Flied: 04-10-1992
Significant Activity: 07-20-1992 Ruling on government's
motion to dismiss deferred for 90 days to see whether BOP
approves surgery.

CEO Litigation Report
August 21, 1992 - Page 12

LARENCE A. CLARKE v. FRED A. STOCK
. NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:92-CV-726-GET; Type of Case: Mandamus;
Damages Req: 0
Subject TRANSFERS Institution: USP, Atlanta
Facts Alleged: Wants to be transferred to ATl camp. Feels
he has satisfied all criteria. At ATl In 1992.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 03-27-1992
.
Signfflcant Activity: 06-03-1992 Magistrate's report
recommends dismissal for failure to exhaust administrative
remedies. 07-16-1992 Dismissed.
___________________

BOBBY J. WILSON v. D.J. SOUTHERLAND, et
al
Court: NORTHERN DISTRICT OF AlABAMA
Docket No.: CIV-91-PT-788-E; Type of Case: Personal
Liability Action (Bivens); Damages Req: $256,000
Subject: SENTENCING Institution: FCI, Talladega
Facts Alleged: Denied good time for period of civil contempt
at TOG In 1988-89.
Special Monitoring: 0, Not assigned to special monitoring
Case Filed: 07-19-1991
»iarlific:antActivity: 06-25-1992 Dismissed based on
04-14-1992 Magistrate's Report. Just because an inmate's
regular sentence Is Interrupted by a civil contempt term,
does not mean that he has a right to be treated as a pre-trial
detainee. He Is not entitled to good time credits for the clvi)
contempt time.
-------------------

MILTON CLARET INCIARTE v. JOSEPH
CLASS, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 91-50181/WEA; Type of Case: Injunction;
Damages Req: 0
Subject: MEDICAL TREATMENT Institution: FCI, Marianna
Facts Alleged: Assaulted by prisoner at unspectfled
institution on 10-20-1989. Medical care for facial Injuries
provided at ERE and SPG. Not provided appropriate
reconstructive surgery. Presently at MNA. suffering from
disfiguration, dizziness and blackouts. Denied access to
translator during medical appointments.
Special Monitoring: IB2, May be financial liability. All cases
Involving Injury which caused loss of 11mb or body function.
Date Case Filed: 01-08-1992
Significant Activity: 06-22-1992 Dismissed without prejudice.

AARON DALE TAYLOR
THORNBURGH

v. RICHARD

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-356-JTC; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: USP, Atlanta
Facts Alleged: Denied Jail credit for time In transit after
conviction. At ATl In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 02-15-1990
Significant Activity: 05-16-1990 Dismissed and costs
awarded to defendants.

DEE FARMER v. MICHAEL QUINLAN, et al
Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:90-CV-1233-JTC; Type of Case: Personal
UabHity Action (Bivens); Damages Req: $50,000
Subject: ACCESS TO COURTS Institution: USP, Atlanta
Facts Alleged: lost legal materials In transit, now at SPG,
1990. One stop was at ATL Claims suit in Md. was
dismissed because of problems.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-26-1990
Significant Activity: 07-08-1992 Dismissed because the
Inmate had not proved that his law suit in Marytand was
dismissed because of his problems gaining access to his
legal materials.

KENNETH R.X. STRAWDER v. DIRECTOR,
FEDERAL BUREAU OF PRISONS, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: CV-91-PT-O0089-E; Type of Case: Personal
liability Action (Bivens); Damages Req: $8,000,000
Subject: RELIGION Institution: FCI, Talladega
Facts Alleged: Not allowed to have religious apparel and
other items Important to the Muslim faith at TOG In 1990.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-14-1991
Significant Activity: 02-13-1992 Order grants defendants'
motion for summary jUdgement, dismisses case.

.

.

CEO Litigation Report
August 21, 1992 - Page 13

KEITH WORBOYS

v. WILLIE J. SCOTT

JULIO BORRIEL-OCHOA v. STEPHEN
PONTESSO

. NORTHERN DISTRICT OF FLORIDA
Docket No.: 90-30305; Type of Case: Habeas Corpus;
Damages Req: 0
Subject: SENTENCING Institution: FPC, Eglin Air Force
Base
Facts Alleged: Denied credit for time
Special Monitoring: O. Not assigned to special monitoring
Date Case Flied: 10-02-1990
Significant Activity: 05-21-1991 Dismissed on the merits.
___________________

Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 91-179O-CIV-DAVIS; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: URINE SURVEILLANCE Institution: MCC, Miami
Facts Alleged: Challenges urine collection procedure at MIA
on 04-12-1991 that resulted In his testing positive for
cocaine.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 08-16-1991

WILLIAM DAVID RICCIO v. U.S.
DEPARTMENT OF JUSTICE, et al

Significant Activity: 09-09-1991 Dismissed without prejudice
because Inmate had been transferred before the petition
was filed.

Court: NORTHERN DISTRICT OF GEORGIA
Docket No.: 1:89-CV-2849-RlV; Type of Case: Habeas
Corpus; Damages Req: 0
Subject: SENTENCING Institution: USP, Atlanta
Facts Alleged: Denied jail credit for time on bond. In ATl In
1989.
Special Monitoring: O. Not assigned to special monitoring
Date Case Filed: 12-06-89
Significant Activity: 06-18-1990 Order adopts maglstrate's
dismisses case.

ARNOLD NORMAN FANT v. MRS. LUCY
HENDRICKS, et al
Court: NORTHERN DISTRICT OF ALABAMA
Docket No.: 9O-H-0694-S; Type of Case: Personal Uability
Action (Bivens); Damages Req: 111.600.000
Subject: MEDICAL TREATMENT Institution: FCI,
Talladega

Facts Alleged: Denied adequate psychological report at
~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TOG In 1990 In retaliation for a verbal argument with US
Marshal in Orlando In 1989. Also Inadequate medical care
for an Infected testicle.
JESUS PRIETO v. ROGER BAXTER, et al
Special Monitoring: O. Not assigned to special monitoring
Court: NORTHERN DISTRICT OF FLORIDA
Date Case Filed: 04-10-1990
Docket No.: TCA 91-40375-WS; Type of Case: Habeas
Corpus; Damages Req: 0
Significant Activity: 06-01-1990 Dismissed as frivolous.
Subject: INMATE DISCIPLINE Institution: FCI, Tallahassee
Facts Alleged: Incident report Issued 12-24-1990 charged
TAL Inmate with bribery but did not specify the date of the
offense. Inmate was not permitted to review the Captaln's
memo upon which the DHO relied to find him gUilty.
Special Monitoring: O. Not assigned to ~peclal monitoring
Date Case Filed: 10-16-1991
Significant Activity: 05-26-1992 Dismissed because inmate
failed to file amended complaint as ordered by the court.