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Fbop Ser Monthly Report 1994dec

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Date:

January5,1995

Reply to
Attn. of:

Sherree L sn.gis. ReIjonaI

Subject:

December. 1994 sa l..IigafkwI

To:

SER CEOs. RegIoirtt Adri1istrafors
Institution PaJaIegaIs and Maneys
Wallace H. aa.y. General Coln5el "
Joyce ZoIdak. Associate General COJnseI

DocJtet No.: l~-2B77.ft..V
hsIib1ion: usp. Allanla
T)P8 d Case: Personal UablIty ActIon (Bivens)

~

Subject. ASSAULTS
~\~ !Facts
N1eged; ATL irvnaIe In 1994 aDeges Institution faDed
Southeast Region. ~ d Priscns"J
I

Ito protect hin from an assaWt by another Inmate who

rriaowaved water and dvew I on him. P alleges scarring 01
face and scalp.

New Cases

------------------------------1. BISHOP MONRQE R. PARKER" JR. Y.

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2. RONALD FISHER v. FRED STOCK, at II
Cou1: NORnSW DlSTIICT OF GEORGIA

United States Govermnent
MemorancUn

S. DANIELS, et al
Coutt: NORTHERN DISTRICT OF ~
Docket No.: 1:94-CV-2211-GET
Institution: USP. Atlanta
Type of Case: Personal Uablfty Adi:n (Bi.~
Subject: CORRESPONDENCE, ACCESS TO COURTS,
PROPERlY
Facts Alleged: Inmate at All it 199-( alleges ttat his Ega)
maD was open and read. He also ateges that t¥s rega
materials were destroyed.
Damages Req: $1,750.000; Special Jlol7lbing; O~ Na
assigned to special monitoring; S£RJ: Reg~J oftice
staff are not alleged to be InYOfved In this case.
Rec'd In Legal: December 9.1994; Due::01-13-T99!5
Assigned to: Curtis E. Anderson; Asiistart U.s. J.Jtcr.'ef.
Chief. CIvD Division. Atlanta. GA; ~a Bredet Iberg, Saff

Damages Req: $3,000,000: Special Monitoring: O. Not
assQ1ed 10 special monIorIng; SERO: Regional office
stafl are nol aleged to be Involved In this cal••
Rec"d in Legal: .JanuaIy s. 1995: Due: NONE. NO SUMMONS
ISS lED

Assigned to: CUrtis E. Anderson; Assistant U.S. Attorney.
Chief. CivI Division. AIIanta. GA; Mike Bredenberg. Staff
~~,~
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I 3.

RONNJE LEE STEWART v. JAMES D. MORAN
: Cout: NORll£fW DISTRICT OF GEORGIA
~ Docket No.: 1:94-CV-2561-RHH
~ Institution: USP, Atlanta
Type 01 Ca.s:e: Personal UabDity Action (Bivens)
; Subject". INMATE DISCIPUNE
FadS Alleged: ATL inmate In 1994 alleges unfair dlscipllnal')
confinemert' punishment where contraband was found In
his ceO abed which he knew nothing.
i Damages Req: 0: Special Monitoring: 0, Not assigned to
! special monloring: SERO: Regional office staff are not
aDeged to be involved In this case.
. Rec"d in Legal: January 5, 1995; Due: unknown
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
CIiet, eM DivisIon. Adanta. GA; Mike Bredenberg. ~ff

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~ USP. ~

Coun~.USP,Adama

4. CARLOS ALONZO GARCIA v. FRED STOCK, et al
Coat: NORnEJW DIS'1'HCT OF GEORGIA
Dociet No.: 1:94-CV-2874-JEC

Institution: USP. Atlanta
T)Pe 01 Case: Personal UabBity ActIon (Bivens)
SdJject. ASSAULlS, ClASSIFICATION
Facts Meged: An. irmate In 1994 alleges stabbing Injury
due to faltn to maintain his separatee status.
Damages Req: $600,000: Special Monitoring: O. Not

JM 1 7 95

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- r:-.j r:.
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assigned to special monitoring; SERO: Regional office

staff are noI aneged to be Involved In this case.
Rec'd in LegaJ: January 5, 1995; Due: 1995
Assigned to: Curtis E. Anderson; Assistant U.S. Attorney.
Ctlief, eM Division, Adanta. GA; Mike Bredenberg. Staff
Counsel. usp. Atlanta

GE1\,,! E!:' 11. L f'r. I ! ~.; ~:"
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3148

CEO Utigation Report
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JanuaJY 5. 1995

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L ROLAND DENSON y. GREGORY L PARKS
Court
NOFmEPH DISTRICT OF FLORIDA .
ecx.t: DIS I fICf C:# MNESOTA
Docket 110.: 94.QOO
Doc::ket No.: 5-94-145
Institution: FPC, Pensacola
institution: Fa, Talladega
T)P8 01 Case: Habeas Corpus
Type d Case: Federal Tart Cams Ad (FiCA)
Subject: PROPERTY
Subject: CLASSIFICAnON. CRIMINAL PROSECUTION
Facts Alleged: Inmate at Taledega ~ 1994 aDages loss in
Facts Alleged: I~e at PEN In 1994 alleges that
property due to lI1OI'ganized goyemmenraJ t1ansfer <i
Wormation used in classfflcatlon violates his Invnunlty
agreerneoc He also aDeges that he was convicted In
Cubans on 9I2B/1993.
violation d his plea-bargalnlng agreement. See also FAU
Danlages Req. $1.41 a 75.; SpecIal Monitoring: 0, Not
94-A-672.fl
assIgr ted to special rnonloring; SERO: Regional office
staft are aDeged to be Involved In this case.
Damages Req: 0; Special Monitoring: 0, Not assigned to
special monitoring; SERO: Regional office staff are not
Rec'd in Legal: Jan.Iart 5-19915; Due: 01-21-1994
a"eged to be Involveclln thl, case.
Assigned to: Francis X. Hermann; U.S. Attorney.
Rec'd in Legal: January S. 1995; Due: -1994
Mimeapons. JAN; KatHeen Kemey. Attorney Advisor,
Fa, Talladega
.
Assigned to: Samuel A Alter, Jr.; Supervising Assistant U.
- - - - - - - - - - - - - - - - - - Attorney, Pensacola FL: Gerelene Gooden. Paralegal
8. IVAN DAWKJNS v. JOHN FANEU.O
Specialist. Southeast RegIonal OffIce
Coc.n: OISTACT Of SOUTH CNO...NA
Docket No.: 94-000
t. VICKI GROU y. UNITED STATES OF AMERICA
Institution: FCI, EstiD
Court: NORTHERN OtsrRICT OF flORIDA
Twe 01 Case: IJliunction
Docket No.: 94-50242/RV
Subject. VlSmNG. MARRIAGES
i Institution: ~CI. Marianna
Facts Alleged: Irmate at EST i11994 aDeges that his
; Type 01 Case: Federal Tort Claims Act (FTCA)
visitation priYIeges with lis wife were arbitrarily stopped.
Subject: PROPERlY
Damages Req: 0; Special Monitoring: O. Not assigned to
! Facts Alleged: Inmate at MNA In 1994 alleges property
special monitoring; SERO: Regional Office staff are not
destroyed by rats due to staff negligence.
aReged to be involved in this case.
Ii Damages Req: $615.35: Special Monitoring: 0, Not
Rec'd in Legal: JanuIIy 5. 1995; Due: NONE. NO SHOW CAUSE
assigned to special monitoring: SERO: Regional office
Assigned to: Jay Preston Strom; U.S. Attorney. Columbia.
staff are not alleged to be Involved In this case.
SC; Jon M.. Adduci. ParaJegaJ Specialist. Fell Esdi
Rec'd in Legal: January 5, 1995: Due: 01-31-1995
- - - - - - - - - - - - - - - - - - - - " A s s i g n e d to: Michael Rnney: Assistant U.S. Attoniey.
7. UNITED STATES Y. EDWARD LEWIS DUNBAR, JR. Pensacola. FL; Gerelene Gooden. Paralegal Specialist,
Court SOUTlER'4 DlSTRiICI OF MISSZSSlPPI
' Southeast Regional Office
DocJcet No.: J8!:HklO69.S
Institution: Fa, Tallahassee
T 10. RALPH SUTTlE Y. DR. MIRARDELLA, et 81
Type 01 Case: Habeas Corpus
CoUtt. NORTHERN DISTRICT OF R.OFUDA
! DocJcet No.: 93-50262JRV
Subject. SENTENCING, MEDICAL TREATMENT
Institution: FCI, Marianna
Facts Alleged: Inmate at TAL i11994 seeks a humanilarian
release
due
to
his
Iness.
Type 01 Case: Personal UabDity Action (Bivens)
I
Damages Req: 0; Special Monitoring: O. Not assigned to
Subject: MEDICAL TREATMENT
special monIoMg; SERa: Regional office staff are not
Facts Alleged: Inmate at MNA In 1994 aDeges that he Is n
IOeged to be involved in this case.
receMng adequate treatment for gout. He aDeges that hi
Rec'd In Legal: ~ s.. 1995; Due: 01~1995
condition was diagnosed at TAL. but the treatment was
Assigned to: Ruth R. Morgan; Assistant U.S. Attorney.
discontinued as a result of his transfer.
Bioxl. MS; Ken Hyte, Ant:mey/AcNisor. SERO
Damages Req: &100,000: Spec/al Monitoring: 0, Not
- - - - - - - - - - - - - - - - - - assigned to speclaf monitoring: SERO: Regional office
staff are not alleged to be Involved In this case.
r Rec'd in Legal: Januuy 5, 1995; Due: 02.(D.1995
, Assigned to: Samuel A Alter, Jr.; SupervisIng Assistant U
Momey, Pensacola FL; Sterling Dawson. Paralegal
Specialisi.
Fa, Marianna
3149
5. RAFAEL HERNANDEZ Y. KATHELEEN HAWKS, et ..

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CEO Utigation Report
January 6, 1995
11. MALCOM FRAZIER Y. KA1H..EEN HAWK.

CoUIt. NORTHERN DlSfFICT Of ~

et..

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14. TODD SEARS y. MICHAEL FITZPATRICK, •
Coutt: SOUTHERN IISTRICT OF ~
Dtdet No.: 94-1elJ5.aV~ . .
hJI/tUIon: liCe, MIami'
Tp d Case: Personal Uabllty ActIon (Bivens)

DocIeet No.: 94-3033MW
Institution: FPC, Pensacola
Twa 01 Case: Habeas Corpus
Subject. SENTENCING
StbJect. MEDICAL TREATMENT, AIDS
Facts Alleged: Inmate at PEN ill994 aIeges !hal he sholJd Facts Nleged: Pretrial detainee In 1995 alleges that he w.
receive credit for time spn il official delemon prior to tis
given medICation for his linesses upon his arrival at MIA
incarceration.
He further alleges that he was not given adequate medic
Damages Req: 0: SpeciaJ MonittriIg; 0. tb assisJ'at to
treatment for his linesses.
special monitoring: SERO: Regional office staff are not
Damages Req: unspeclled; Special Monitoring: O. Not
alleged to be Involved In this case.
assigned to special monitoring: SERO: Regional office
Rec'd In Legal: January S. 1995; Due; CJ2.O&.1S95
stafl are not alleged to be Involved In thl. cas••
Assigned to: Samuel A. AItet, Jr.; ~~ U.s. Rec'd In Legal: January I, 1995; bue: 02·14-1895
Attorney. Pensacola Fl; Earl L Couon. Assistart Regia a
AssIgned to: VIvIan Rosado: Assistant U.S. Attorney. Mia
Counsel, SERO
Fl; Michael Pybas. Senior Attomey AdvIsor, FDC. MCC.
12. UN E. DAVISv. DEPARTIIEHTOfJUSTICE

t_M_iaml
_ _ _ _ _ _ _ _ _ _ _ _ _ __

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Coun: OISTRICT OF COWMBIA
15. WIWAM BRIGHT, JR. Y.
Docket No.: 94-2631.JHG
t
KATHLEEN HAWK. et al
Institution: Fel, Jesup
i Court: NORTHERN DISTRICT OF GEORGIA
Type of Case: FOI-Privacy
~ Docket No.: 1:94-CV-3427-RLV
Subject. FOI-PRIVACY
: lnsIJtution: USP, Atlanta
Facts Alleged: Inmate at PHX in 1S94 aDeges thai records
; Type of Case: Federal Tort Calms Act (FTCA)
concerning JES incarceration were wtilheId 1IegaIy.
~ Subject: ASSAULTS
Damages Req: 0; Special Monitorng: O. N~ asSg1ed to
. Facts Alleged: FamDy d 'onner 1994 ATL Inmate alleges
special monitoring: SERO: Regional office staff are not
. i wrongful death as a restJt of faOure to protect. .
alleged to be Involved in this case.
; Damages Req: $4.000.000; Special Monitoring: 181. Ma)
Rec'd In Legal: Januaty 5. 1995; Due: 01-31-1995
: financfalllabOIty. AIl cases Involving a death.; SERO:
Assigned to: Lams Cotton; Paralegal. Washington. D.C.; Ken : Regional office staff are not alleged to be Involved In
Hyle. Attorney/Advisor. SERO
case.
.
i Rec'd in Legal: January 5. 1995; Due: 02·21-1.
W 13. EDWARD W. HOUAELD Y.
; AssIgned to: Curtis E. Anderson: Assistant U.S. Attorney
•
JANET RENO, et al
: Chief. CIvD Division, Atlanta. GA; Mike Bredenberg. Staff
Coun: NORTHERN DISTRICT OF fLORCA
: Counsel. USP. Adanta
Docket No.: 94-50357JRV .
Institution: FCI, Marianna
: 16. EUAS PUGH Y. MICHAEL GARREn, et al
Type of Case: Equal EmpIoymenl Cain
~ Coutt: MIDDlE DISTRICT OF AUBNM.
Subject. OISCRIMINAnON
i Docket No.: 94-0-162O-N
Facts Alleged: Chief d Health Programs at MNA i11994
Institutfon: FPC, MaxweD AIr Force Base
alleges discrimination based upon race.. Futher ateges
Type 01 Case: Habeas Corpus
retaliation resulting in demotion ard Wtmate d"1SCfmge.
Subject. TRANSFERS, COMMUNITY TREATMENT
Damages Req: Excess ci $100,000;
CENTERS
Special Monitoring: IC2. Publ"lCity JImpad on staff morale. .Facts Alleged: In~te aI MON In 1995 alleges that he w;
All employee suits.: SERO: Regional office staff are not
t arbitrarily transferred frcm a ecc.
alleged to be Involved in this case.
1Damages Req: 0; Special Monitoring: 0, Not assigned te
Rec'd In Legal: Januaty S. 1995; Due: 0243-1995
rspecial monitorfng; SERO: Regional office staff are no
Assigned to: Michael rsnney; Assistart U.S. AJlomev,
I alleged to be Involved In this case.
Pensacola. FL; Ken Hyle. AnOl1le)~·Advisor. SERO
: Rec'd In Legal: January 5. 1995; Due: 01·18-1995
Assigned to: Kenneth E. Vines; Assistant U.S. Attorney,
ChIef, Civil DMsIon. Montgomery, AL; Angle Grider. Atto
Advisor, SERO .

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CEO Litigation Report

January ~5, 1995

17. ALVARO GunERREZv. UNITED STATES, eta.
Court. NORTHERN DISTRICT OF FLORIDA
Docket No.: 94-40568
Ins~on:USP,At~~

Type of Case: Federal Tort Oalms Act (FTCA)
Subject. PROPERlY
Facts Alleged: Inmate at TAL In 1994 alleges that his
property was lost after he was transferred from ATL
Damages Req: $658.95; Special Monitoring: 0, Not
assigned to special monitoring; SERO: Regional office
stan are not alleged to be Involved In this case.
Rec'd In Legal: January 5. 1995; Due: NONE. NO SUMMONS
ISSUED.
Assigned to: P. Michael Patterson; U.S. Attorney,
Tanahassee, FL: Dan Rouse. Paralegal Specialist,
FC1, Tallahassee

~ PRISONS, "II
Coutt: DISTRICT OF PUERTO RICO
Docket No.: 94-1616CC; Type of Case: Habeas Corpus;
Damages Req: 0
Subject PRETRIAL DETAINEES, AD DETENTION,
INMATE DISCIPUNE Institution: MOC, Guaynabo
Facts Alleged: Pretrial detainee at GUA In 1994 alleges that
he was placed In segregation based on charges that had
been dismissed. He was not given a staff representative at
his DHO hearing. VIsItation, commissary and attorney
privileges were withdrawn because he was ~ segregation.
Spec/al Monitoring: O. Not assigned to special monitoring
Date Case Filed: 05-03-1994
Significant ActMty: Appeal by Bureau d Prisons to first
Circuit, 94-2061
.

S ignif-Icant ActiVI-ty on
Existing Cases·
________
________________________

WlWAM T. IRWIN Y. J. MICHAEL QUINLAN, et a'
Court. SOUTHERN DISTRICT OF GEORGIA
Docket No.: CV291~: Type of Case: Mandamus; Damages
Req:O

MICHAEL ADEDEJI v. R. INGRAM, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 9O-50103rNS; Type of Case: Personal UabDity
Adlon (Bivens); Damages Req: $12.300.000
Subject. INMATE DISCIPUNE, DISCRIMINATION.
INMATE Institution: FCI, Marianna
Facts Alleged: Staff member lied when he Issued an
Incident report to Inmate for lying to staff member. Dented
witnesses at DHO hearing tn MNA In 03-1990.
Special Monitoring: 0, Not aSSigned to special monitoring
Date Case Filed: 09-12-1990
Significant Activity: Appeal to Eleventh Circuit. 94-2870
-----------------PAUL BIl2ERIAN v. AnORNEY GENERAL, et al
Court: NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-30323WEA; Type of Case: Personal Uabnity
Adlon (Bivens): Damages Req: 0
Subject: CENTRAL MONITORING Institution: FPC, Eglin
Air ForceI Base
Facts Alleged: EGLlnmate dalms -he was classified as a
elM with no supporting evidence. Denied community
custody because of his offense severity rating being wrong.
Administrative remedy process did not effectively deal with
his complaint. Access .to courts and legal maO has been
hampered.
Special Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 08-26-1992
Significant Activity: 11-16-1994 Dismissed via voluntary
dismissal.

Subject. ACCESS TO COURTS Institution: FCI, Jesup
Facts Alleged: Denied access to legal property and medical
care at JES In 1991. Seeks transfer to Miami.
Spec/al Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 01-09-1991
Significant Activity: 12-15-1994 Dismissal affirmed for faOure
to exhaust admInistrative remedies.

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~ VlADIMIR COUAZO-LEON Y. BUREAU OF

3151

IfirlJ RICKY JACKSON v.

U.S. BUREAU OF PRISONS
~ Court: SOUTHERN DISTRICT OF FLORIDA
Docket No.: 94-969-CIV-MARCUS; Type of
Case: Federal Tort Qalms Act; Damages Req: $996
Subject PROPERlY, TORT "institution: MCC, Miami
Facts Alleged: lEW Inmate was at MIA In 08-1992, seeks
reimbursement for property lost as reslA of Hurricane
Andrew. Also seeks pay from work In UNICOR at MIA and
balance of commissary account
.
Spec/al Monitoring: ICS, Publicity /Impact on staff morale,
Resulting from 08-92 Hurricane Andrew
Date Case Filed: 12-16-1993
Slgnfficant Activity: Moved via change of venue from FPAM.
4:CV-93-1938. 11-30-1994 Govemmenfs motion for
summary Judgement granted by defa14

CEO Utigation Report
January 5, 1995
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NASSOS lASPOPOULOS v. BUREAU OF PRISONS. et
Coutt. NORTHERN DISTRICT OF FLORIDA
DocIeet No.: 94-50190IlAC: Type dCase: Personal liability
ActIon (Bivens): Damages Req: $3,250.000
Subject: ASSAULTS, REUGION Institution: FCI, Marianna
Facts Alleged: Inmate at MNA In 1994 aDeges that several
BOP staff members have conspired against him due to his
relJgIous faith. As a resutt of this conspiracy, he Is
continuously assautted.
SpecIal Monitoring: 0, Not assigned to special monitoring
Date Case Filed: 06-29-1994
SIgnificant Activity. Appeal to Eleventh Circuit by Inmate.
94-3268
------------------.
~ KENNETH UNN y. SHIRLEY MINTER
~ Court NORTHERN DISTRICT OF FLORIDA
Docket No.: 92-40214: Type of Case: Personal
UabDity Action (Bivens); Damages Req: $300,000
Subject. TRANSFERS Insthutlon: Fel, Tallahassee
Facts Alleged: Inmate at FTW alleges that whOe at TAL In
1991, he was transferred In retaliation for his Unit Manager's
demotion. The inmate also alleges that he was Job transfer
wfthoul a written explanation as required by administrative
regulations.
Special Monitoring: 108, Case managemeni may be a
problem, Other:
,
Date Case Filed: 06-18-1992
Slgnfflcant Activity: Order adopts magistrate's 06-25-1993
report, dismisses most of the case. Bureau of Prisons rules
create no constitutionally protected interest In an Inmate's
retention of his prison Job. Remaining In the case. claims
that the work assigned vfolated the 8th Amendment and
FTCAdaJms.
-----------------.
~ ORLANDO BENIGNO LORENZO v. MICHAEL W.
~ GARREn, et al
Court. NORTHERN DISTRICT OF ALABAMA
Docket No.: CV 94-PT-2376-E: Type of Case: Personal
UabDity Action (Bivens); Damages Req: unspecified
Subject. AD DETEtmON, INMATE DISCIPUNE,
VISITING, RECREATION, CONDITIONS OF
CONFINEMENT Institution: FCI. Talladega
Facts Alleged: TOG detainee In 1994 alleges he was
arbitrarily placed In administrative detention. Conditions In
administrative detention were severe: no heat, restrictions
on hygIene, etc. exercise period was very short and
visitation was limited.
Special Monitoring: 1C5. Publicity /Impact on staff morale.

Other.
Date Case Filed: 09-29-1194
Significant Activity: 12-12-1994 Action dismissed with
prejudice by mutual consent.
3152

Page 5

JUAN CAMllO MONTOYA Y. FRED J. STOCK, et II
Coutt. NORTHERN DISTRICT OF GEORGIA
Dadet No.: 1:94-CV·1101.JRC; Type 01 Case: Habeas
Corpus; Damages Req: 0
Subject. SENTENCING Institution: USP, Atlanta
Facts Alleged: IMlate at ATL In 1994 allegeS that the BOP Is
using the wrong statute to compute his sentence. The BOP
shoUd use 18 U.S.C. 3568 Instead d 18 U.S.C. 3585.
Special Monitoring: 0, Not assigned to special monItorfng
Date Case Filed: 04-22·1994 '
Significant ActJvlly: 08-26-1994 Order adopts magistrate's
report. dismisses case. ()6.29-1994 The magistrate's report
recommends dismissal because the petition was
successive. Appeal to Eleventh Clrcul, 94-9109.

If2'I1 RONALD SANJURO v. JOEL KN.OWLES, at
~

Court SOUTHERN DISTRICT OF FLORIDA

a.

Docket No.: 93-1696-CIV-KlNG; Type of
Case: Federal Tort Calms Act (FTCA): Damages
Req: $734.43
Subject. PROPERlY Institution: MCe. Miami
Facts Alleged: Inmate at TAt In 1994 alleges that his
property was lost whDe at MIA In 1992 due to negligence of
staff during Hurrlcane Andrew.
Special Monitoring: IC8. Publicity /Impact on staff morale.
Resulting from 0&.92 Hurricane Andrew
Date Case Filed: 09-03-1993
Significant ActMty: 12-21-1994 Order grants government's
modon to dismiss. The Inmate' has not shown any
negligence in MCC. Miami's handling of personal property
after the Hurricane Andrew evacuation.

SIDNEY T. ZEMP,III y. ROGER SCOTT, at II
Court: NORTHERN DISTRICT OF AlABAMA
Docket No.: CV-94-PT-1030-E; Type of Case: Personal
UabDIty Action (Bivens); Damages Req: $40,000
Subject. INMATE DISCIPUNE, TRANSFERS, AD
DETENTION Institution: FCI, Talladega
Facts Alleged: lMl8te at TOG In 1994 alleges that he was
placed In SHU In violation of BOP procedures. He also
alleges that he was transferred to All and placed In
·punltlve segregation.·
Special Monitoring: 0, Not assigned to special monltorlng
Date Case Filed: 04-28-1994
SignNicant ActMty. 12'()8-1994 Order adopts magistrate's
report. grants, government's motion for summary
Judgement. dismisses case. 11-18-1994 The magistrate's
report recommends dismissal.