Fbop Ser Monthly Report 1995jan-apr
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(.e· Date: Reply to United States Government Memorandum February 10, 1995 \if Sherree L Sturgis. Regional Co~ Attn.ot: Southeast Region. Bureau of P~~ SUbJect: January, 1995 SER Utlgatlon To: SER CEOs. Regional Administrators Institution Paralegals and Attorneys Wallace H. Cheney. General Counsel Joyce Zoldak, Associate General Counsel V 3. CARLOS VELEZ v. MURRAY J. RIG GENS, at al Coult. NORTHERN DISTRICT OF AJ.ABNM Docket No.: 95-000 Institution: FCI, Talladega Type of Case: Personal liability Action (Bivens) Subject: MEDICAL TREATMENT Facts Alleged: TOG Inmate In 1994 alleges BOP faDed to provide proper medical care for broken leg. The leg did not heal correctly. became Infected. and Impeding normal use. Damages Req: $41.000.000: Special Monitoring: 1C7. Publicity Ilmpad on staff morale, Medical Malpractice: SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: February 7, 1995; Due: NONE. NO SUMMONS ISSUED. 1. U.S. v. TIMOTHY HUME Court. NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CR-370 Institution: USP. Atlanta Type of Case: Criminal Prosecution Subject. CRIMINAL PROSECUTION, ASSAULTS Facts Alleged: Assault by Inmate with knife on physician's assistant at ATL In 1994. Trial on 01-24-1995. Staff Counsel Mike Bredenberg attended the first day. ', . . .Damages Req: 0; Special Monitoring: IC2, Publicity I Impact on staff morale, All employee suits.: SERO: Regional office ( • '.", staff are not alleged to be Involved In this case. Rec'd In Legal: ~uary 26. 1995; Due: NA Assigned to: Kent Alexander: U.S. Attorney, Atlanta. GA; Mike Bredenburg. Staff Counsel, USP, Atlanta Assigned to: Winfield J. Sinclair: Assistant U.S. Attorney, Birmingham, At; Kathleen Kenney, Attorney Advisor, FCI. Talladega 4. VINCENT COOLEY v. FEDERAL PRISON INDUSTRIES~ et 81 Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-4OO90/MMP Institution: FCI, Tallahassee ' Type of Case: Personal liability (Bivens) and Tort Action Subject. WORK, SAFETY Facts AI/eged: TAL Inmate In 1994 alleges his finger was partially amputated because safety equipment was missing from UNICOR equipment Damages Req: $1.050,000; Special Monitoring: IB2. May be ~~~~~~~~~~~~~~~~~~-~a~~~~_~~~s~~M~~~~~~h~~~I~ U.s. Y. CUFFORD GENE BLACK, et al Coult. NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CR-387 Institution: USP, Atlanta Type of Case: Criminal Prosecution Subject. CRIMINAL PROSECUTION Facts Alleged: Three ATL sentenced Inmates charged with murder Inmate. Eduardo Wong In July, 1994. BOP plans to move to different Institutions for security reasons. Court appoInted defense counsel objected for access to counsel reasons. At hearing held on 01-25-1995 Judge asked parties to work out an arrangement We agreed to wait until trial date Is set before moving. Htrial wDl commence soon. we wit keep them here. Damages Req: : Special Monitoring: 1C2, Publicity I Impact on staff morale. All employee suits.; SERO: Regional office staff are not alleged to be Involved In this case. Rac'd In Legal: January 26, 1995: Due: NA Assigned to: Kent Alexander: U.S. Attorney. Atlanta, GA: Mike Bredenburg. Staff Counsel, USP, Atfanta ----------------3127 2. (, '" ~ of 11mb or body function.; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: February 7, 1995: Due: 02-15-1995 Assigned to: Roy F. Blondeau, Jr.: Assistant U.S. Attorney, Tallahassee, FL; Ken Hyle. AttorneylAdvlsor, SERa 5. KENNETH HOLT KRAUSE, JR. v. DR. PETREA Court: SOUTHERN DISTRICT OF GEORGIA DocketNo.: CV294-174 Institution: FCI, Jesup Type of Case: Personal Uabnity Action (Bivens) Subject: MEDICAL TREATMENT Facts Alleged: Inmate at JES In 1995 alleges that his seizure medicine was reduced IntentlonaDy. Damages Req: $40,000: Special Monitoring: 1015, Case management may be a problem, Representation dlfftcultles.; SERa: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: Febnlary 7, 1995: Due: 03-03-1995 Assigned to: DoIora L Kennebrew; Assistant U.S. Attorney. Savannah, GA; Michael Dedman, Paralegal Specialist, FCI, Jesup CEO Litigation Report February 10; 1995 (' Page 9. JOSEPH WITCHARD v. J. D. LAMER, et 81 Court. SOUTHERN DISTRICT Of GEORGIA Coulf: MIDDlE DISTRICT OF AUBAMA Docket No.: CV-295-09 Docket No.: 94-T-1590-N Institution: FCI, Jesup Institution: FPC, Maxwell Air Force Base Type of Case: Personal L1abOIty Action (Bivens) Type of Case: Habeas Corpus Subject: ACCESS TO COURTS, PROTECTIVE CUSTOD Subject: SENTENCING, FURLOUGHS SENTENCING, INMATE DISCIPUNE . Facts Alleged: Inmate at MON In 1994 alleges that he Facts Alleged: JES Inmate In 1995 alleges prison officials should receive credit towards his second sentence so that took his legal materials and tax Information. Claims he would be eligible for a furtough. conspiracy among staff to deprive him of pre-trial JaD time Damages Req: 0; Special Monitoring: 0, Not assigned to credit. to force him Into protective custody and to sign special monitoring; SERa: Regional office staff are not documents relating to a disciplinary action. alleged to be Involved In this case. Damages Req: $2,500,000; Special Man/tOling: 0, Not Rec'd In Legal: FebNaty 7, 1995; Due: 01-25-1995 assigned to special monitoring; SERO: Regional office Assigned to: Artur G. Davis; Assistant U.S. Attorney, staff are not alleged to be Involved In this case. Montgomery, AL: Earl L Cotton, Assistant Regional Rec'd In Legal: February 7, 1995; Due: ~1995 . Counsel, SERO Assigned to: Dolora L Kennebrew; Assistant U.S. Attorne' ------------------~ Savannah, GA; Ken Hyle. Attorney/Advisor, SERO . 7. PEDRO SANCHEZ-PAZ v. KATHERINE HAWK, et 81 10. ROBERT ERRA v. JOHN CANNON. et al Coulf: NORTHERN DISTRICT OF FLORIDA Court. NORTHERN DISTRICT OF flORIDA Docket No.: 94-502B4JRV Docket No.: 95-50006RV Institution: FCI, Marianna Institution: FCI, Marianna Type of Case: Injunction Type of Case: Mandamus Subject: TRANSFERS Subject MEDICAL TREATMENT FactsAJleged: Inmate at MNA In 1995 alleges that he has been the subject of transfers In retaliation for litigation Facts Alleged: Inmate at MNA alleges he fell from upper activities. Also beaten by staff at TAL bunk In 1994 Injuring knee and has not received adequate treatment Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not Damages Req: unspecified; Special Monitoring: IC7, alleged to be Involved In this case. Publicity I Impact on staff morale. Medical Malpractice; SERO: Regional office staff are alleged to be Involved . Rec'd In Legal: February 7, 1995; Due: 02.06-1995 this case. Assigned to: Michael Finney; Assistant U.S. Attorney. Rec'd In Legal: February 7. 1995; Due: -1995 Pensacola. FL ; Stertlng Dawson. Paralegal Specialist, FCI, MaMnM . Assigned to: Samuel A. Alter, Jr.; Supervising Assistant u. - - - - - - - - - - - - - - - - - - - Attorney, Pensacola FL; Sterling Dawson, Paralegal Specialist. FCI, Marianna 8. WALTER JOHNSON y. UEUTENANT DAVIS, et al Coult: NORTHERN DISTRICT OF GEORGIA 11. UNITED STATES v. LUIS PINILLOS Docket No.: 95-000 Court. SOUTHERN DISTRICT OF FlORIDA Institution: USP, Atlanta Docket No.: 88-498-CR-OAVlS-3 Type of Case: Personal Uabnlty Action (Bivens) Institution: Mee, Miami Subject: ASSAULTS Type of Case: Habeas Corpus Facts Alleged: Inmate at LVN In 1995 alleges that he was Subject: SENTENCING, PAROLE assaulted by staff whOe at All In 1994 during an Interrogation In SHU. Facts Alleged: Inmate at MIA In 1995 alleges that his sentence has been computed under the new law Instead Damages Req: $1,500,000; Special Monitoring: 0, Not the old law making him Ineligible for parole. assigned to special monitoring; SERa: Regional office staff are not alleged 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: February7,1995; Due: -1995 alleg~ to be Involved In this case. ~/gned to: Curtis E. Anderson; Assistant U.S. Attorney, Rec'd In Legal: February 7. 1995: Due: 01-26-1995 Chief. CIvD DMslon. Atlanta. GA; Mike Bredenberg, Staff Assigned to: Robyn J. Hermann; Assists,. U.S. Attorney ~nsa.USP.AUama --------------a3:;1~2'IJ-8Deputy Chief, Civi OMslon, Miami. FL: MIchael Pybas, Senior Attorney Advisor, FOC. MCC, Miami 8. ALBERT LEE GRAHAM, SR. v. MICHAEL GARRETT', et al I) CEO Litigation Report February 10, 1995 (- 12. MILTON C.INCIARTE v. BOP OFFICER WITHINGTON, at Court. NORTHERN DISTRICT OF R.ORlDA Docket No.: 94-40087-MP Institution: Fel, Tallahassee Type of Case: Personal L1abDlty Action (Bivens) Subject REUGION, INMATE DISCIPUNE. MEDICAL TREATMENT Facts Alleged: Inmate at FTO In 1995 alleges that whOe at TAt In 1994, he was continually harassed because of he Is Jewish. Given disciplinary actions because he doesn't speak English. Placed In second floor housing In spite of medical restrictions. Damages Req: $1,000,000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: February 7. 1995; Due: -1995 Assigned to: P. Michael Patterson; U.S. Attorney. Tallahassee. FL; Dan Rouse, Paralegal Specialist. FCI, Tallahassee ------------------13. JAMES G. BUSH v. MIKE BUSH. et al Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV 295-0007 Institution: FCI. Jesup Type of Case: Personal LlabDity Action (Bivens) Subject: MEDICAL TREATMENT Facts Alleged: Inmate at JES In 1995 alleges that he did not receive adequate medical treatment for back pain which was misdiagnosed as allergy. Damages Req: $750,000: Special Monitoring: IC7. Publicity I Impact on staff morale. Medical Malpractice; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: February 7. 1995; Due: 03-1G-1995 Assigned to: Oolora L Kennebrew: Assistant U.S. Attorney, Savannah, GA; MJcha~ Dedman. Paralegal Specialist, Fet. Jesup a. I (~- ,-....• (9 3129 Page 3 14. RICHARD ADAM SMITH Y. WARDEN BUREAU OF PRISONS Court: NORTHERN DiSTRICT OF FLORIDA DocketNo.: 94·50317 Institution: FCI. Marianna Type of Case: Habeas Corpus Subject SENTENCING Facts Alleged: MNA Inmate In 1995 alleges concurrent federal sentence should be computed to commence when Imposed Instead of when received In federal custody after completion of state sentence. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional omee staff are not alleged to be Involved In this case. Rec'd In Legal: February 7, 1995: Due: 03-2().1995 Assigned to: Samuel A. Alter. Jr.; Supervisfng Assistant U.S. Attorney•. Pensacola FL; Sterling Dawson. Paralegal Specialist. FCI, Marianna 15. ROBERT JAMES FERRARI v. BUREAU OF PRISONS. et 81 Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 95.()()(J Institution: FCI. Marianna Type of Case: Personal liability Action (Bivens) Subject PROPERTY Facts Alleged: ATL Inmate In 1995 seeks payment for depreciated value of stolen property unit officer secured with property officer whDe Inmate received emergency medical treatment Damages Req: $330.60; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: FebNary 7,1995: Due: 03-13-1995 Assigned to: Curtis E. Anderson: Assistant U.S. Attomey, Chief. Civil DivisIon. Atlanta, GA; Mike Bredenberg. Staff Couns~.USP.AUa~ c CEO Litigatio'n. Report 10, 1995 16. DONALD L MONROE v. SHERREE L STURGIS, at 18. TERRY CONNE.R v. DR. E. RUCKER, et al Coult: NORTHERN DISTRICT OF flORIDA Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 94-50225 Docket No.: 1:94-CV·2773-FMH Institution: Fel, Marianna Institution: USP, Atlanta .Type of Case: Personal Uabnlty Action (Bivens) Type of Case: Personal UabDIty (Bivens) and Tort Action Subject: MENTAL HEALTH, MEDICAL TREATMENT Subject: PROPERlY Facts Alleged: MNA Inmate aDeges Improper mental health Facts Alleged: ATL staff lost his property In the maD In 1992. care In 1994, pennlttlng self mutDatlon by fallng to comply with suicide prevention guidelines. Deliberate concealment of loss. Damages Req: $166; Special Monitoring: 0, Not assigned to Damages Req: $7,500,000; Special Monitoring: IB6. May be financial liability. Other.; SERO: Regional omce staff are special monitoring; SERO: Regional office staff are not not alleged to be Involved In this case. alleged to be Involved In this case. Rec'd In Legal: February 9, 1995: Due: 03-24-1995 Rec'd In Legal: February 9,1995; Due: 03-22-1995 Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Attorney, Pensacola FL; Ken Hyle, Attorney/Advisor, SERO Chief, CMI Division, Atlanta. GA; Mike Bredenberg, Staff Counsa,USP,AUanm 20. JOHN IBARRA Y. KATHY HAWKS, et al 17. DAVID J. BREWER Y. VIC LOY, et al Court: DISTRICT OF SOUTH CAROUNA Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: 1:90-190-2OJC Docket No.: 95-000 Institution: FCI, EsUl1 Institution: FCI, Jesup Type of Case: Personal UabDIty Action (Bivens) Type of Case: Personal UabRIty Action (Bivens) Subject. MEDICAL TREATMENT, CONDI110NS OF CONFINEMENT i>UUJrt:Jtil;. PRIVACY, MENTAL HEALTH, AD REMEDIES Facts Alleged: EST Inmate In 1993 aDeges refusal of medica Facts Alleged: JES Inmate alleges disclosure of treatment and placement In smoking unit Insplte of allergy. psychologist Interview and contents of his administrative He was forced to work In spite of medical restrictions. remedy In 1994 violated his privacy. Damages Req: $350,000; Special Monitoring: 0, Not Damages Req: $500,000: Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office assigned to special monitoring: SERO: Regional office staff are not alleged to be Involved In this case. staff are not alleged to be Involved In this case. Rec'd In Legal: February 9, 1995: Due: 03-27-1995 Rec'd In Legal: February 9. 1995; Due: NONE. NO SUMMONS ISSUED. Assigned to: Jay Preston Strom; U.S. Attomey, Columbia. Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney, SC; Jon M. Adduci. Paralegal Specialist, FCI, Esdi Savannah, GA; MIchael Dedman, Paralegal Specialist, FCI, Jesup 21. UNITED STATES Y. DAVID RONALD CHANDLER - - - - - - - - - - - - - - - - - - Coult: NORTHERN DISTRICT OF NJSNM 18. WIWAM COHEN v. UNITED STATES Docket No.: CR-90-H-266-E Court: SOUTHERN DISTRICT Of GEORGIA Institution: Southeast Region Docket No.: CV-294-179 Type of Case: CRIMINAL PROSECUTION Institution: FCI, Jesup Subject: CRIMINAL PROSECUnON Type 01 Case: Federal Tort Claims Act Facts Alleged: Inmate with federal death sentence from Subject: ASSAULTS FALN, presently In state custody. Facts Alleged: JES Inmate In 1992 alleges fanure to protect Damages Req: 0; Special Monitoring: IC11. Publicity I him from assault by an Inmate with known violent Impact on staff morale, Federal Death Penafly; SERO: tendencIes who should not have been assigned to a camp. Regional office staff are not alleged to be Involved In thl The Inmate attacked with a folding chair resulting In coma case. and brain surgery. Rec'd In Legal: February t. 1995: Due: ·1995 Damages Req: $5,000,000; Special Monitoring: 0, Not AssIgned to: Walter E. Braswell; United States Attorney. assigned to spec~ monitoring: SERO: Regional offlce Birmingham. At; US Atty, Regional Counsel, SERO staff are not alleged to be Involved In this case. Rec'd In Legal: February 9. 1995; Due: 03-20-1995 3130 Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney, Savannah, GA; Eart L Cotton, Assistant Regional Counsa, al (~: ... Page 4 CEO Litigation Report Febru~ry 10, 1995 22. ALEXANDER FITZWILSON FACEYv. PAT DAVIS, elal Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 93-40346 Institution: Fel, Tallahassee Type 01 Case: Personal LlabRIty Action (Bivens) Subject. ASSAULTS, SAFElY, CONDITIONS OF CONFINEMENT . . Facts Alleged: TAL Inmate alleges In 1993 his hnd was Injured and he was beaten In a riot caused by unrest between hispanic and black Inmates. Damages Req: $6.000.000: Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: February 9. 1995; Due: 03-15-1995 Assigned to: P. Michael Patterson; U.S. Attorney. Tallahassee. FL: Dan Rouse. Paralegal Specialist. Fel. Tallahassee • U.s. v. CUFFORD GENE BLACK, at II Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CR-387; Type 01 Case: Criminal Prosecution: Damages Req: Subject. CRIMINAL PROSECunON, TRANSFER Institution: USP, Atlanta Facts Alleged: Three ATl sentenced Inmates charged with murder of Eduardo Wong In Jtjy, 1994. BOP plans to movl to different Institutions for securtty reasons. Court appointed defense counsel objected for to counsel reasons. Spec/al Monitoring: 1C2, Publicity /Impad on staff morale, All employee suits. Date Case Filed: 1994 . SlgnNicant Activity. At 01-25-1995 hearing, the Judge asked the parties to work out an arrangement. We agreed to walt untD trial date Is set before moving. If trial wUl commence soon, we wUl keep them here. access 23. RICHARD E. SMITH, M.D. v. UNITED STATES, et al Court: DISTRICT OF SOUTH CAROUNA Docket No.: 95-000 Institution: FCI, Estill Type 01 Case: Other. Contract Subject: EMPLOYEES CLAIMS Facts Alleged: Employee doctor at EST In 1994 alleges he InvoluntarDy terminated his employment for health reasons after facUlty faUed to provide him with adequate staffing. Relocation expenses taken out of remaining pay. Initially filed In SC state court. 95-CP"()7-68. Damages Req: $32.000: Special Monitoring: 1C2. Publicity / Impad on staff morale. All employee suits.; SERO: Regional office staff are not alleged to be Involved In this WILLIAM ROGER BOONE v. FEDERAL BUREAU OF PRISONS Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 94..2182-C1V-WDF; Type of ease: Habeas Corpus: Damages Req: 0 Subject: SENTENCING Institution: MeC, Miami Facts Alleged: Inmate at MIA In 1994 aDegas that the Burea Is not computing his sentence correctly after his parole wa~ revoked. Spec/a" Monitoring: 0, Not assigned to special monitoring Date Case FIled: 10-24-1994 S/gnNicant Activity: 01-03-1995 Dismissed for faDure to exhaust admInistrative remedies. case. JAMES ROLAND CLARK Y. FRED J. STOCK, et a. Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-cv-743-CAM: Type 01 Case: Habeas Corpus; Damages Req: 0 Subject: MEDICAL TREATMENT InstltutJon: USP, Allant Facts Alleged: Inmate at ATL In 1994 aDeges that he has nc received proper diagnostic procedures for spots on his lungs that was found In Aprl, 1992. Special Monitoring: 1C7. Publicity /Impad on staff morale. Medical Malpradlce Date Case Filed: Slgnfficant Activity. 01-31-1995 Dismissed. Rec'd In Legal: February 9. 1995: Due: 03-1 ...1995 Assigned to: Barbara Bowens: Assistant U.S. Attomey, Columbia. SC: Ken Hyle. Attomey/Advlsor. SERO ( Page. 24. PETER REED v. BUREAU OF PRISONS, et al Court. NORTHERN DISTRICT OF FLORIDA Docket No.: 94-5287 Institution: FCI, Tallahassee Type of Case: Personal Llabnlty Action (Bivens) Subject: DISCRIMINATION Facts Alleged: TAL Inmate In 1994 alleges discrimination where guard allegedly made racist and homosexual remarks. Damages Req: $8.750.000; Special Monitoring: 0, Not assigned to special monltorfng: SERO: Regional offtce staff are not alleged to be Involved In this case. Rec'd In Legal: February 9.1995; Due: ·1995 Assigned to: P. MIchael Patterson; U.S. Attorney. Tallahasse.,. FL; Dan Rouse, Paralegal Specialist. Fct,31 TaDahassee PageS CEO Litigation Report FebruarY 10, 3995 co MICHAELW. GILTNER v. UNITED STATES Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 93-SOO95I\W; Type of Case: Habeas Corpus; Damages Req: 0 Subject. SENTENCING Institution: FPC, Tyndall Air ForceBa. Facts Alleged: Inmate at TYN In 1993 alleges that he should receive credit for time spent on bond. Spec/al Monitoring; 0, Not assigned 10 special monitoring Date Case Filed: 04-23-1993 Signiflcant Activity. 01-06-1995 Order dismisses case with preJudice. The Inmate is not entitled to JaB credit for time on IERI~f:tn LEE, et al v. RICHARD THORNBURGH • NORTHERN DISTRICT OF GEORGIA Docket No.: l:90-CV-l350-JOF; Type of Case: Employment DiscriminatIon; Damages Req: unspecified wages and earnings Subject DISCRIMINATION Institution: USP, Atlanta Facts Alleged: Black Employees at ATL aJ1ege discrimination based on race because denied promotions. 05-24-1993 Three day trial was attended by Earl Cotton. Special Monitoring: IC2, Publicity I Impact on staff morale, All employee suits. Date Case Filed: 06-22-1990 SignNicant Activity: 01-17-1995 Eleventh Circuit affirms. 09-14-1994 Appeal to Eleventh Circuit. 94-8637. Magistrate Judge Dougherty. sitting as Special Master entered a report after the trial finding that Lee had not proved a prima facie case of discrimination. The palntiff filed obJections. 03-30-1994 Order adopts report. dismisses case. bond. u.s. Y. TIMOTHY HUME Coult: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CR-370; Type of Case: Criminal Prosecution; Damages Req: 0 ~~~~~~~~~~~~~~~~~'~tC~MI~LPROSECUnO~ASSAU~ (PO UNITED STATES v. EDWARD LEWIS DUNBAR, JR. Court: SOUTHERN DISTRICT OF MISSISSIPPI Docket No.: J89-OOO69-B; Type of Case: Habeas Corpus; Damages Req: 0 Subject: SENTENCING, MEDICAL TREATMENT ,nSZllUlJron: Fel, Tallahassee Alleged: Inmate at TAL In 1994 seeks a humantarian release due to his Dlness. Special Monitoring: 0, Not assIgned to special monitoring Date Case Filed: 12-13-1994 Significant Activity: 01-06-1995 Order dismisses motion for early release. The cance'r treatment provided to the prisoner meets and exceeds Constitutional mandates. The court has no authority to grant early release for humanitarian reasons except on a motion from the dIrector of the Bureau of Prisons. a. (, \ • GEORGE EVANS y. VIC LOY, et Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: eN 294-98; Type of Case: Mandamus; Damages Req:O Subject SERVICE OF PROCESS Inst/tutlon: FCI, Jesup Facts Alleged: Inmate at JES In 1994 aDeges that several employees at JES refuse to accept service concerning the underlying case. He seeks a writ of mandamus from Warden Loy to Instruct the employees to accept service. Special Monitoring: 0, Not assIgned to special monitoring Date Case Filed: 09-11-1994 Significant Activity. 01-09-1995 Order dismisses case for faOure to make service within 120 days d the Issuance of the summons. 3132 Institution: USP, Atlanta Facts Alleged: Assault by Inmate with knife on physician's assistant at ATL In 1994. Special Monitoring: IC2, Publicity /Impact on staff morale, All employee suits. Date Case Filed: 1994 Signiflcant Actlvify: 01-24-1995 Trial. Staff Counsel Mike Bredenberg attended the first day. Inmate's defense Is that he was not mentally responsible because BOP refused to supply prescription drugs he had been previously taking. Trial on going. . WlWAM T. IRWIN v. J. MICHAEL QUINLAN, et al Court: SOUTHERN DISTRICT OF GEORGIA DocJcet No.: CV291-Q5; Type of Case: Mandamus: Damage~ Req: 0 Subject ACCESS TO COURTS InstJtutJon: FCI, Jesup Facts Alleged: Denied access to legal property and medical care at JES In 1991. Seeks transfer to Miami. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 01..()9-1991 S/gniflcant ActMty. 12-15-1994 Eleventh Circuit affirms. 12-15-1994 Dismissal affirmed for faOure to exhaust administrative remedies. 07-11 ..1994 Appealed to 11 th Circuit. 92-8665. 11-15-1991 Dismissed for faBure to exhaust admInistrative remedies. Appealed to 11 th Circuit. Appeal dismissed 03-26-1992. 05-14-1992 Order dismisses case In chief without prejudice for faOure to exhaust administrative remedies. Page 4 CEO Litigation Report Fe 10, 1995 RALPH JONES v. WIWE THOMPSON, et al Court: MIDDLE DISTRICT OF ALABAMA Docket No.: 94-A.{;()6-N; Type of Case: Personal Uabnlty Action (Bivens): Damages Req: $6.000,000 Subject. FURLOUGHS Institution: FPC, Maxwell Air Force Baae Facts Alleged: Inmate at MON In 1994 alleges that he was not granted a furtough to attend his father's funeral because of racial discrimination. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: OS-20-1994 S/gnKlcant Activity: 01-23-1995 Order adopts 01'()S-1995 maglstrate's report. grants summary Judgement. dismisses case. CHARLES LEQUIRE, et 81 v. ATIORNEY GENERAL OF u.s., et al Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:92-CV-120B-RLV; Type of Case: Personal UabOity Action (Bivens): Oamages Req: $125.000.00 Subject. MEDICAL TREATMENT, ASSAULTS Institution: USP, Atlanta Facts Alleged: Inmate at ATL alleges that the defendants harrassed him and used excessive force resulting In bruises and abrasions on wrists, waist and anldes. He was refused . medical attention by staff. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 05-22-1992 S/gniflcant Activity: 12-22-1994 Order dismisses case. Inmates have no right to correspond with Inmates In other Institutions. To prove a Constitutional violation for the use of force. an Inmate must prove an objective component. which Inquires whether the alleged wrongdoing was objectively harmful enough. and a subjective component which InquIres whether the officials acted with a sufficiently c~pable state of mind. In this case. the officers were faced wllh a situation In which they were trying to control an Intoxicated. unruly. disruptive Inmate. The Inmate has not shown that his bruises were not the reslA of his own actions. He cannot show that the force used was not used for the purpose of restorl~g discipline. Bruises are not always a serious medical need. ------------------ ( .• 3133 KEITH MAUNG v. JANET RENO, at al CoUIt NORTHERN OISTRICT OF FLORIDA Docket No.: TCA 93-40174-WS: Type of Case: Habeas Corpus: Damages Req: 0 Subject. SENTENCING Institution: FCI, Tallahassee Facts Alleged: Inmate at TAL In 1993 alleges that he should receive credit for time served under house arrest. Special Monitoring: O. Not assigned to special monitoring Date Case Flied: 06-25-1993 S/gnlflcant Activity: 08-17-1994 Dismissed. An Inmate Is 001 entitled to Jan credit for time spent on bond. even If there arl restrictive conditions. ROBERT MCCOVERY v. W.J. THOMPSON Coutt: MJDDLE DISTRICT OF ALABAMA Docket No.: 94-T-256-N; Type of Case: Habeas Corpus; Damages Req: 0 Subject. SENTENCING Institution: FPC, Maxwell Air Force Base Facts Alleged: Inmate at MON In 1994 alleges that he should receive credit for the time spent on house arrest. Special Monitoring: 0, Not assigned to special monitoring Date Case Flied: 03'()2-1994 Significant Activity: 01-24-1995 Appeal to Eleventh CIrcuit. 94-6489. Inmate asks permissIon to me appellate brief late. 05-18-1994 Order adopts magistrate's report. dismisses case. Costs taxed to Inmate. HERBERT LOUIS MILLER Y. DARLEEN MCCLUNG, et a Court: NORTHERN DISTRICT OF ALABAMA . Docket No.: CV-93-HM-0431-NE; Type of Case: Personal UabDity Action (Bivens); Damages Req: $5000 Subject: INMATE DISCIPUNE, ACCESS TO COURTS Institution: Southeast Region Facts Alleged: Inmate presently detained In local JaD was housed at a half-way house In 1993 and states he was. disciplined based on false Information. He also aDeges tha rial fis ed which ha hi his legal mate s were con cat mpers s pursuit of a pending action. CN 92-7107. Spec/al Monitoring: 0, Not assigned to special monitoring Date Case Filed: 03'()S-1993 Significant Activity. 11-17-1994 Notice of appeal to Eleventi Circuit. 09-23-1994 Order adopts magistrate's report. dismisses case. 09'()1-1994 The magistrate's report recommends dismissal for faOure to state constitutional claims. PageS CEO Utigatlon Report February 10;'1.995 RIl:::HA.HD DAVID PARKER Y. K. W. READ. et 81 Court. SOUTHERN OISTRICT OF GEORGIA Docket No.: CV294-37; Type of Case: Habeas Corpus; Damages Req: 0 Subject: INMATE DISCIPUNE. ACCESS TO COURTS Institution: Fel, Jesup Facts Alleged: Inmate at SM alleges that whOe at JES In 1992, he was disciplined for possession of contraband documents, some of which were received as part of discover In his criminal case. Claims denial of access to courts because of the confiscation of the documents. Special Monitoring: 0, Not assigned to special monitoring Date Case Flied: 03-24-1994 Significant Activity: 01-04-1995 Order adopts magistrate's report. grants govemment's motion for summary Judgement. dismisses case. 12-02-1994 The magistrate's report recommends dismissal. ----------------WIWAM L PATCH Y. UNITED STATES Court. NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CV-1109-FMH: Type of Case: Federal Tort Claims Act (FTCA); Damages Req: $70.00 Subject: PROPERlY Institution: USP, Atlanta Facts Alleged: Inmate alleges his legal documents were lost ( . , when transferred to PET from ATl In 1993. ". Special Monitoring: 0, Not assigned to special monitoring Date Case Flied: 04-22-1994 Slgnlncant Activity: 11-29-1994 order grants the govemment's motion to dismiss. -----------------WlWAM L PATCH y. UNITED STATES BUREAU OF PRISONS, at al Court. SOUTHERN DISTRICT OF GEORGIA Docket No.: CV293-173;. Type of Case: Personal UabUIty ActIon (Bivens): Qamages Req: $2025.20 Subject: PROTECnvE CUSTODY Institutlon: FCI, Jesup Facts Alleged: Inmate at JES In 1993 alleges that he was placed In protective custody In violation of his due process rights. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 12-01-1993 Slgnlncant Activity: 05-19-1994 Order adopts magistrate's report. dismisses case. 05-27-1994 Inmate mes notice of appeal to Eleventh Circuit. 94-8639. 01-Q4-1995 Appeal dismissed for taOure to pay filing fee. ------------------ "a 3134 STAN PHIWPS Y. u.S. BUREAU OF PRISONS Coutt: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:93-CV-2566.JOF: Type of Case: Ton; Damages Req: $1,412.00 Subject PROPERTY Institution: USP, Atlanta Facts Alleged: Inmate at ATL In 1994 alleges that the BOP has faDed to retum property that was taken from him when he was transferred from F1W In 1992. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 11 ~8-1993 SlgnUicant Activity. 01-31-1995 Order dismisses case. The court does not have subject matter Jurisdiction of this case because It Involves the detention of property by a law enforcement official. The case falls within the 28 U.S.C. 2680(c) exception to the Federal Tort Claims Ad. SOUTH CAROUNA, THE STATE OF Y. DAVID JEPSEN Court: DISTRICT OF SOUTH CAROUNA Docket No.: 94GS25..()486; Type of Case: Other, Criminal Prosecution: Damages Req: 0 Subject CRIMINAL PROSECUnON Institution: FCI, Estill Facts Alleged: SC Is prosecuting Inmate for the murder of Inmate Solomon GObert at EST on 07-10-1994. Crime will be prosecuted by the state because federal Jurisdiction of EST property has not yet been obtained. Special Monitoring: 181. May be financlalilabnity. All cases Involving a death. Date Case Filed: 08-29-1994 S/gnHicant Activity: 01-30-1995 Trial scheduled In county court. Earl Cotton traveled to EstUI on 01-23 to assist In witness preparation. He wUl attend and assist with trial. CLYDE TURNER y. BUREAU OF PRISONS, et ·a. Court. NORTHERN DISTRICT OF ALABAMA Docket No.: 91-H~812-E; Type of Case: Personal UabDIty Action (Bivens); Damages Req: $1,000.000 Subject: ASSAULTS Institution: FCI, Talladega Facts Alleged: Claims officer at MNA told Inmates that PL was a snitch In 1989. Transferred to TOG with a group of MNA Inmates so that problem followed. Forced to house with an Inmate with whom he had prior problems. Assaulted by the Inmate on 10-04-1990. Other assaults by Inmates as a result of being labeled a snitch. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 04-12-1991 Significant Activity: 01-17-1995 Dismissed because of the Inmate's tanure to prosecute the claim. Page 9 CEO Utigatlon Report February 10, 1995 ". AoNNIE" WHITE Y. JANET RENO, at a. ( .oun: NORTHERN DISTRICT OF GEORGIA , Docket No.: 1:94-CV-1823-RLV: Type of Case: Equal Employment Claim: Damages Req: $100,000 Subject. DISCRIMINATION Institution: USP, Atlanta Facts Alleged: Former employee of ATl alleges that he was terminated from his job as a result of racial dlsclmlnatlon. After several discussions. a settlement offer was contemplated which was later rejected. The plaintiff also alleges that this settlement offer was rejected. Special Monitoring: 1C2. Publicity I Impact on staff morale, All employee suits. Date Case Flied: 07-20-1994 SlgnHicant Activity: 11 ~-1994 Dismissed without prejudice via voluntary stipulation. () 313 .-' ) I i : . . '-::.1~(:'g ..• ' Nr "', (.n ~ Ij M~morand. 1 3 95 j: Marc~i6r ~:~5... , . Sherrt~"l:S!u.rgIS, co~/ Reply to Attn. of: Regional Southeast Region, Bureau of prl Subject: February, 1995 SER Litigation To: SER CEOs, Regional Administrators Institution Paralegals and Attorneys Wallace H. Cheney, General Counsel Joyce Zoldak, Associate General Counsel U Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 94-0663-CR-GRAHAM Institution: MCC. Miami Type of Case: Habeas Corpus Subject: CRIMINAL PROSECUTION VISITING Facts Alleged: Inmate at MIA in 1995 seeks permission to confer with a codefendant who Is not Incarcerated. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERa: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 1, 1995; Due: -1995 . Assigned to: Robyn J. Hermann; Assistant U.S. Attorney, Deputy Chief, Civil DMsion, Miami, FL; Michael Pybas, Senior Attorney Advisor, FDC, MCC, Miami New Cases 1. JONATHON DANIEL KELTON v. UNITED STATES, et al Court: NORTHERN DISTRICT OF AlABAMA Docket No.: 94-2601 Institution: FCI, Talladega Type of Case: Habeas Corpus ... Subject: SENTENCING ( ~acts Alleged: Inmate at TOG In 1995 seeks designation of '-'" .ederal institution for service of state sentence. Damages Req: 0: Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to ,be involved In this case. Rec'd In Legal: March 1, 1995; Due: NONE, NO SHOW CAUSE Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney, Birmingham, AL; Kathleen Kenney, Attorney Advisor, FCI, Talladega 2. ii 3. UNITED STATES v. FRANCISCO lCASTILLO-CHAVEZ United States Government Date: i J U.S. v. ANDRE MILTON, 'et al 4. WAYNE CHARLES v. UNITED STATES BUREAU OF PRISONS, et al Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV 295-29 Institution: FCI, Jesup Type of Case: Personal Liability Action (Bivens) Subject: VISITING Facts Alleged: Inmate at JES In 1995 alleges that he was denied visitation rights with an approved visitor. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: March 1, 1995; Due: 04-10-1995 Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney, Savannah, GA; Michael Dedman. Paralegal Specialist, Fel, Jesup 5. JOHN WILUAM MUNSON v. JANET RENO Court: MIDDLE DISTRICT OF AlABAMA Docket No.: 95-000 Institution: Southeast Region Type of Case: Habeas Corpus Subject: SENTENCING Facts Alleg9d: Inmate at a state facility alleges that his state and federal sentences should run concurrent. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: March 1, 1995; Due: NONE, NO SHOW CAUSE Assigned to: Kenneth E. Vines; Assistant U.S. Attorney, . "'Chief, Civil Division, Montgomery, AL: Ken Hyle, Attorney (.....•Advisor, SERO 3117 Court: NORTHERN DISTRICT OF FlORIDA Docket No.: 94-50267-LAC Institution: Southeast Region Type of Case: Habeas Corpus Subject SENTENCING Facts Alleged: Inmate alleges that he has an Indeterminate sentence as he is on a conditional release under a prescribed regimen of treatment. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERa: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 1, 1995; Due: 02-28-1995 Assigned to: Samuel A Alter, Jr.; Supervising Assfstant U.S. Attorney, Pensacola FL; Van Vandivier, Deputy Regional Counsel, SERO Page 2 CEO Litigation Report March 6, 1995 ..- • ( 6. ROBERT WILSON LAMB v. JANET RENO, et 81 YCourt: u.s. SUPREME COUAT '.,. ·Docket No.: 95-000 Institution: Fel, Tallahassee Type of Case: Mandamus Subject: MANDAMUS Facts Alleged: TAL inmate In 1995 alleges Bureau of Prisons failed to follow procedures which unfairly prevented him from being transferred to Eglin. He seeks information about the decision not to transfer him and the sealing of his records. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: RegIonal office staff are not alleged to be involved In this case. Rec'd in Legal: March 1. 1995; Due: -1995 Assigned to: P. Michael Patterson; U.S. Attorney, Tallahassee. FL; Dan Rouse. Paralegal Specialist. FCI. Tallahassee 7. UNITED STATES v. PAUL JENNINGS HILL Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-03118-01/RV Institution: Southeast Region Type of Case: Mandamus "')SUbject: CRIMINAL PROSECUTION ( Facts Alleged: Inmate with concurrent state (death .... sentence) and federal sentences for killing doctor at abortion clinic filed motion on 1-26-95 for order to show cause as to why the Director should not be held In criminal contempt of court for failing to take Inmate Into federal custody. Damages Req: 0; SpeCial Monitoring: ICll, Publicity I Impact on staff morale, Death Penalty; SERO: Regional office staff are not alleged to be Involved in this case. Rec'd In Legal: March 1, 1995; Due: -1995 Assigned to: David McGee; Assistant U.S. Attorney, Tallahassee, FL; Van Vandivier, Deputy Regional Counsel, SERO 3118 Significant Activity on Existing Cases MALCOLM FRAZIER v. SABRINA JOHNS, et Court: NORTHERN DISTRICT OF FLORIDA al Docket No.: 94-30125/RV; Type of C~se: Mandamus; Damages Req: 0 Subject: CENTRAL MONITORING AD REMEDIES Institution: Fel, Tallahassee Facts Alleged: Inmate at PEN In 1993 alleges that he was given a CIM's classification In violation of federal regulations. He also alleges that he was not allowed to seek his administrative remedies concerning the Issue. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 10-06-1993 Significant Activity: 02-06-1994 Dismissed with preJudice. UNITED STATES v. PAUL JENNINGS HILL Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-03118-01/RV; Type of Case: Mandamus; Damages Req: 0 Subject: CRIMINAL PROSECUTION Institution: Southeast Region Facts Alleged: Inmate with concurrent state (death sentence) and federal sentences for killing doctor at abortion clinic filed motion on 1-26-95 for order to show cause as to why the Director should not be held In criminal contempt of court for falling to take inmate into federal custody. Special Monitoring: IC11, Publicity I Impact on staff morale. Death Penalty Date Case Filed: Significant Activity: 02-21-1995 Advised that inmate has' withdrawn suit. HOWARD OTTO MASTERS v. GEORGE ELLEN HURST Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-50169/LAC; Type of Case: Personal Uabnity Action (Bivens); Damages Req: $100,000 Subject: VISITING MARRIAGES Institution: FCI, Marianna Facts Alleged: Inmate at MNA In 1994 alleges that he Is being denied his visitation rights with his wife. Special Monitoring: 0, Not assigned to special monitoring Date Case Flied: 04-15-1994 Significant Activity: 02-02-1995 Dismissed with prejudice because of Inmate's failure to provide updated address after release. Page 3 CEO Litigation Report March 6, 1995 .EONAf10 WALTERS v. J.D. LAMER, et al ( ~OUIt: NORTHERN DISTRICT OF FLORIDA '" Docket No.: 93-40215-MMP; Type of Case: Personal Liability Action (Bivens); Damages Req: $800,000 Subject: SENTENCING Institution: Fel, Tallahassee Facts Alleged: Former Inmate from TAL seeks monetary compensation for allegedly not being released on the appropriate date due to a miscalculation of his credits. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 09-27-1993 A .. 1995 0 d d 9 7 4 ,Significant ctlVlty: 01-19r er a opts 0 -2 -199 magistrate's report, grants summary judgment. dismisses case. ____________________ ( ROBERT DALE KELLER v. W. J. THOMPSON, et al COUIt: MIDDLE DISTRICT OF ALABAMA Docket No.: 93-D677-N; Type of Case: Habeas Corpus; Damages Req: 0 Subject: SENTENCING Institution: FPC, Maxwell Air Force Base Facts Alleged: Inmate at MON in 1993 alleges that he should not be incarcerated as It was the USM's fault in not executing the court's sentencing order. not his. Special Monitoring: 0, Not assigned to special monitoring ate Case Filed: 05-28-1993 ignHicant Activity: 02-14-1995 Eleventh Circuit affirms for fallure to exhaust administrative remedies, 94-Q520. ~ " ELIAS PUGH v. MICHAEL GARRETT, et 81 Coult: MIDDLE DISTRICT OF ALABAMA Docket No.: 94-D-1620-N; Type of Case: Habeas Corpus; Damages Req: 0 Subject: TRANSFERS COMMUNITY TREATMENT CENTERS Institution: FPC, Maxwell Air Force Base Facts Alleged: Inmate at MON In 1995 alleges that he was arbitrarily transferred from a CCC. Special Monitoring: 0, Not assigned to special monitoring Date Case Flied: 12-20-1994 Significant Activity: 02-21-1995 Dismissed without prejudice to allow Inmate to exhaust administrative remedies. 311~ ROBERT H. BURNS v. C. LAWTHER, et al Court: NORTHERN DISTRICT OF ALABAMA Docket No.: CV-90-H-0475-E; Type of Case: Personal Liability Action (Bivens); Damages Req: $2,500,000 Subject: MEDICAL TREATMENT Institution: Fel, Talladega Facts Alleged: Refused treatment at TOG In 1988 for intestinal track problem. later tests showed gall bladder had burst. 03-05-1992 Interlocutory appeal by (nmate dismissed by Eleventh Circuit, 91-7814. 06-16-1993 Trial on the merits was attended by Van Vandivier and Gere Gooden. 07-19-1993 The court found there was no negligence. The government's expert witnesses testifled ~~~~~caffi~s~~lw~~~~ffi~oo~ca~ skill and diligence as other similarly situated health care providers in the same Une of practice ordinarily have exercised In like cases. The Inmate presented no evidence to the contrary. Alabama law Is clear that a plaintiff has the obligation to counter defendant's expert testimony with expert testimony In support of his claim. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 03-14-1990 Significant Activity: 02-14-1995 Inmate was entitled to Jury trial. A special report Is not a pleading, so the demand for jury trial was not untimely. 3. PAUL WENDELL CALHOUN, JR. v. VIC LOY United States Government Memorandum Date: Reply to Attn. of: Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 295-44 Institution: Fel, Jesup April 11 • 1995 Type of Case: Habeas Corpus Subject: SENTENCING Sherree L Sturgis. Regional Coun¥/ Facts Alleged: Inmate at JES in 1995 alleges that he should Southeast Region. Bureau of prisov receive credit for time served while in state custody. Subject: March. 1995 SER Litigation To: SER CEOs. Regional Administrators Institution Paralegals and Attorneys Wallace H. Cheney. General Counsel Joyce Zoldak. Associate General Counsel Damages Req: 0; Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 17, 1995; Due: 04-04-1995 Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney, Savannah. GA; Michael Dedman. Paralegal Specialist. FCI. Jesup New Cases 1. HENRY WYNN v. 4. DONALD H. GRODSKY v. UNITED STATES. et al u.s. BUREAU OF PRISONS Court: NORTHERN DISTRICT OF ALA.BMM Docket No.: 95~OO Institution: Southeast Region Type of Case: Habeas Corpus ~ bJect: SENTENCING .ts Alleged: State Inmate seeks designation of state .!lity for place of confinement for federal sentence. "'oamages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd In Legal: March 17, 1995; Due: NONE, NO SHOW CAUSE Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney. Birmingham. AL; Denise Miles. Paralegal Specialist Trainee. Southeast Regional Office Court: EASTERN DISTRICT OF LOUISIANA Docket No.: 95~785 Institution: FPC, Maxwell Air Force Base Type of Case: Federal Tort Claims Act (FrCA). Subject: MEDICAL TREATMENT Facts Alleged: Former inmate at MON and EGL alleges that he did not receive adequate medical treatment for an eye problem in 1992 which has resulted in permanent damage. Damages Req: $375.000; Special Monitoring: IB2. May be financial liability. All cases involving injury which caused loss of limb or body function.; SERO: Regional office staff are not alleged to be Involved in this case. Rec'd In Legal: March 17, 1995; Due: 0S-12-1995 Assigned to: Robert J. Boitman; ~.S. Attorney. New Orleans. LA; Earl L Cotton. Assistant Regional Counsel. SERO 2. CLAUDIO PEREZ-CALO v. THOMAS WOOTEN Court. SoUTHERN DISTRICT OF GEORGIA . Docket No.: 295-51 Institution: FCI, Jesup Type of Case: Habeas Corpus Subject SENTENCING Facts Alleged: In{nate at JES in 1995 alleges that his federal " sentence and state sentence should run concurrently. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved in this case. Rec'd in Legal: March 17, 1995; Due: 04-05-1995 Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney. ,~~nah. GA; Michael Dedman. Paralegal.Specialist. Fel. ~054 ~: :: -,;-...... '; •. :. , .-. . ..... - .-:; ~ " _.- ..._---._- .. .~ .::~ ~,:. CEO' Litigation Report March 28, 1995 Page 2 ~ 5. PAUL B. ALLEN Y. MICHAEL W. GARRETI ". ..,ourt:. MIDDLE DISTRICT OF AlABAMA Docket No.: 95-A-328-N Institution: FPC, Maxwell Air Force Base Type of Case: Habeas Corpus Subject: MEDICAL TREATMENT Facts Alleged: Inmate at MON alleges he injured his knee in 1994 on trash detail and did not receive adequate medical treatment. He was given a medical furlough to have surgery at his own expense. Insurance paperwork problems delayed the procedure. The fLiriough was terminated. He was arrested and fell while In restraints, further injuring the knee. Amputation was recommended as an option. Forced to perform work Inconsistent with medical condition. Damages Req: 0; Special Monitoring: 182, May be financial liability, All cases Involving Injury which caused loss of limb or body function.; SERO: Regional office staff are not alleged to be involved In this case. Rec'd in Legal: March 20, 1995; Due: 04-03-1995 Assigned to: Ashton Holmes; Assistant U.S. Attorney, Montgomery, AL; Earf ~ Cotton, Assistant Regional Counsel, SERO 6. REGINALD LAMAR REINHARDT v. JANET (,,~rt. NORTHERN DISTRICT OF FLORIDA ~~o.etal Docket No.: CV 94-40228-WS Institution: FC., Tallahassee Type of Case: Federal Tort Claims Act (FTCA) Subject: MEDICAL TREATMENT Facts Alleged: Inmate at JES in 1995 alleges that he did not receive adequate medical care for a fracture to his wrist that occurred as a result of a fall at FOC-TAL in 1992. He alleges that he has suffered permanent damage. Damages Req: $500,000; Special Monitoring: 0, Not assigned to special monitoring; SERa: Regional office staff are not alleged to be involved In this case. Rec'd in Legal: Match 20, 1995; Due: 03-03-1995 Assigned to: Robert D. Stinson; Assistant U.S. Attorney, Tallahassee, FL; Earl L Cotton, Assistant Regional Counsel, SERO 7. EUGENIO ALAVARDO v. JANET RENO, et al Court: NORTHERN DISTRICT OF FLORIDA Docket No.: TCA 94-40548 Institution: FCI, Tallahassee Type of Case: Habeas Corpus Subject: INMATE DISCIPLINE Facts Alleged: Inmate at TAL in 1995 alleges that the Inmate discipline procedures were not followed concerning an incident report that he received at EGL In 1994. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERa: Regional office staff are not alleged to be involved In this case. . Rec'd in Legal: March 20, 1995; Due: 02-21-1995 Assigned to: Bruce E. Lowe; Assistant U.S. Attorney, Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI, Tallahassee 8. CARLOS AVILEZ v. JANET RENO, et al Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 95-000 Institution: FCI, Tallahassee Type of Case: Habeas Corpus Subject: SENTENCING Facts Alleged: Inmate at TAL in 1995 seeks credit for time spent on bond. . Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved In this case. Rec'd in Legal: March 20, 1995; Due: NONE, NO SHOW CAUSE Assigned to: P. Michael Patterson; U.S. Attorney, Tallahassee, FL; Dan Rouse, Paralegal Specialist, FCI, Tallahassee 9. LIN EDWARD DAVIS v. DEAN WESTBERRY, et al Court: NORTHERN DISTRJCT OF GEORGIA Docket No.: 295-23 Institution: FCI, Jesup Type of Case: Personal Liability Action (Bivens) Subject ASSAULTS Facts Alleged: Inmate at PHX In 1995 alleges there was a conspiracy at JES in 1993-94 to distribute drugs. Damages Req: unspecified; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 20, 1995; Due: 06-05-1995 Assigned to: Dolora L Kennebrew; Assistant U.S. Attorney, Savannah, GA; Michael Dedman. Paralegal Specialist, FCI, Jesup 355 CEO Litigation Report March 28, 1995 10. ROBERT W. LAMB .0RITSUGU. et al Page 3 v. KENNETH P. Coult: NORTHERN DISTRICT OF FLORIDA Docket No.: CIV-9440486 WS Institution: Fel, Tallahassee Type of Case: Federal Tort Claims Act (FTCA) Subject. CONDITIONS OF CONFINEMENT Facts Alleged: Inmate at TAL in 1995 alleges that he is exposed to an unreasonable health risk due to second-hand smoke. Oaims to have developed emphysema as a result. Damages Req: $15,000,000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 20, 1995; Due: ·1995 Assigned to: P. Michael Patterson; U.S. Attorney, Tallahassee, FL; Earl L Cotton, Assistant Regional Counsel, SERO 12. CHARLES WATSON et al v. BUREAU OF PRISONS, Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 9S-{)00 Institution: Fel, Marianna Type of Case: Personal Liability Action (Bivens) Subject: WORK, MEDICAL TREATMENT, INMATE ACCIDENT COMPENSATION Facts Alleged: Inmate at MNA In 1995 alleges that while working in UNICOR in 1994, he injured his hand because there was no safeguard on his machine. He lost fingers. A guard was installed afterlhe incident. He was denied medical treatment for this injury. Damages Req: $3,000,000; Special Monitoring: IB2, May be financial liability, All cases Involving injury which caused loss of limb or body function.; SERO: Regional office staff are not alleged to be involved in this case. ~~~~~~~~~~~~~~~~~~~~ Rec~~LegatMaroh~,1~5;Due:NON~NOSUMMONS 11. JAMES CAREY v. FRED J. STOCK CoUIt: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CV-1875.JOF Institution: USP. Atlanta' Type of Case: Personal Uability Action (Bivens) biect. RELIGIOUS DIETS. RELIGION. FOOD SERVICE .. ctsAlleged:.lnmate at ATL In 1995 alleges he Is aSSigned C o the Common Fare Program, but on occasion he does not receive the Common Fare diet. Common Fare is not always In compliance with the prescribed menu. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. ISSUED. Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. Attorney, Pensacola FL; Sterling Dawson, Paralegal Specialist, FCI, Marianna 13. UNITED STATES v. CARLOS ERAZO Court: MIDDLE DISTRICT OF FLORIDA Docket No.: 89-90-CR-FTM-17 Institution: FCI. Tallahassee Type of Case: Habeas Corpus Subject: SENTENCING Facts Alleged: Inmate at TAL In 1995 alleges that he should receive credit towards his sentence for time served In state custody. . Rec'd in Legal: March 20,1995; Due: ·1995 Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Damages Req: 0; Special Monitoring: 0, Not assigned to Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff Counsel, USP, Atlanta special monitoring; SERO: Regional office staff are not alleged to be involved in this case. ~~~--~~~~-~-~------- Rec'd in Legal: March ~, 1995; Due: 03-06-1995 Assigned to: Susan M. Daltuva; Assistant U.S. Attorney. Fort Myers, FL; Sherree L Sturgis, Regional Counsel, SERO 56 CEO Litigation Report March 28, 1995 Page 4 14. D'ANTONIO WASHINGTON v. KATHLEEN 17. TOMAS JESUS PEREZ v. FRED J. STOCK, et al .AWK, et al Court: NORTHERN DISTRICT OF GEORGIA Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CV-2713-RHH Docj(et No.: 1 :95-CV-Q467-CC Institution: USp·, Atlanta Institution: USP, Atlanta Type of Case: Personal LIability Action (Bivens) Type of Case: Federal Tort Oalms Act Subject: CLASSIFICATION, ADMINISTRATIVE DETENTION, PROPERlY Subject ASSAULTS '. Facts Alleged: Wrongful death suit filed by parents of Facts Alleged: Inmate at TAL in 1995 alleges that he was correctional officer that was killed by inmate In 1994 at ATL mlsclassffied as a uMariel Cuban." As a result of this classification. he was placed In administrative detention for Damages Req: $12,689.605; Special Monitoring: IB 1. May four days in 1994. Personal property was lost. be flnancialliability, All cases Involving a death.; SERO: Regional office staff are not alleged to be involved in this Damages Req: $500,00; Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office case. staff are not alleged to be Involved In this case. Rec'd In Legal: March 20,1995; Due: 04-26-1995 Rec'd in Legal: March 20, 1995: Due: 04-24-1995 Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Assigned to: Jane W. Swift; Assistant U.S. Attorney, Atlanta, Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff GA; Mike Bredenberg. Staff Counsel. USP. Atlanta Counsel, USP, Atlanta 15. JAMES ARTHUR NESBITT,et al v. BUREAU OF PRISONS, et al Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV295-43 Institution: Fel, Jesup e of Case: Habeas Corpus 1ect: FOI-PRIVACY, CLASSIFICATION .'". acts Alleged: Inmate at JES in 1995 alleges that there was Incorrect Information In his PSI which staff refused to correct. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERa: Regional office staff are not alleged to be Involved in this case. Rec'd in Legal: March 20.1995: Due: 03-26-1995 Assigned to: Dolora L Kennebrew: Assistant U.S. Attorney. Savannah. GA; Michael Dedman. Paralegal Specialist, FCI. Jesup 18. JOE N. MAFFETT v. ROGER F. SCOTT, et al Court: NORTHERN DISTRICT OF ALABAMA Docket No.: CV-95-H-Q217-E Institution: FCI, Talladega Type of Case: Personal Liability Action (Bivens) Subject INMATE DISCIPLINE Facts Alleged: TOG inmate alleges that he was given a false Incident report in 1992 which was not served 24 hours In advance of the hearing. Damages Req: $150.000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: March 20, 1995: Due: 05-02·1995 Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney, Birmingham. AL; Kathleen Kenney, Attorney Advisor, FCI. Talladega 16. CHARLES HUNTER ·v. J. SAXMAN, et al Court: NORTHERN DISTRICT OF Al.ABAMA Docket No.: CV 95-PT-113-E Institution: Fel, Talladega Type of Case: Personal Uability Action (Bivens) Subject MEDICAL TREATMENT Facts Alleged: Inmate at TOG in 1995 alleges that he suffered a heart attack as a result of misdiagnosis. Damages Req: $3.000.000; SpeCial Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved in this case. 'd in Legal: March 20.1995; Due: 04-13-1995 ,, gned to: Winfield J. Sinclair; Assistant U.S. Attorney. (. Ingham, AL; Kathleen Kenney, Attorney Advisor, FCI. Talladega -------------------- 19. SHERRIE LYNN WEBB y. UNITED STATES, et al Court: NORTHERN DISTRICT OF FLORIDA Docket No.: MCA 95-50023/RV Institution: Fel, Marianna Type of Case: Federal Tort Oaims Act (FTCA) Subject: ASSAULTS Facts Alleged: Inmate alleges that she was sexually assaulted by a staff member six times while at MNA In 1991. Staff failed to take protective action when she reported It. Officer was convicted. Damages Req: $6,000.000; Special Monitoring: IB7, May be financial liability. Staff Criminal Misconduct Involved.; SERO: Regional office staff are not alleged to be involved in this case. Rec'd In Legal: March 20,1995; Due: 04-22·1995 Assigned to: Pamela A Moine; Assistant U.S. Attorney, sacola FL; Ken Hyle. Attorney/Advisor, SERO a 1 CEO Litigation Report March 28, 1995 Page 5 . . 20. CARLOS J. ACOSTA v. U.S. DEPARTMENT OF (YuSTlCE, et 81 23. LEMUEL KINNEY v. BUREAU OF PRISONS, et al Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 95-322.:cIV-OAVIS Institution: MCe, Miami Type of Case: Habeas Corpus Subject: CLASSIFICATION Facts Alleged: Inmate at MIA in 1995 alleges that there is Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 95-30110/LAC Institution: FPC, Eglin Type of Case: Personal Liability Action (Bivens) Subject: MEDICAL TREATMENt, WORK Facts Alleged: Inmate at EGL in 1994 alleges that he did not inaccurate Information In his PSI report. receive adequate medical treatment for shoulder Injury. he also alleges that he was required to work whOe Injured. Damages Req: $4,000,000; Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved In this case. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In ~his case. Rec'd in Legal: March 20, 1995; Due: 04-24-1995 Assigned to: Robyn J. Hermann; Assistant U.S. Attorney, Rec'd in Legal: March~. 1~5; Due: NONE, NO SUMMONS Deputy Chief. Civil Division, Miami, FL; Michael Pybas, Senior Attorney Advisor. FDC, MCC, Miami . Assigned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. 21. ISSUED. . - Attorney, Pensacola FL; Gerelene Gooden. Paralegal Specialist, Southeast Regional Office UNITED STATES v. CARLOS ARISTIZABAL Court: ,SOUTHERN DISTRICT OF FLORIDA Docket No.: 87 -823-CR-MARCUS Institution: MeC, Miami Type of Case: Habeas Corpus Subject. SENTENCING, PAROLE ts Alleged: Inmate at MIA in 1995 alleges that his 24. DONALD H. GRODSKY v. UNITED STATES, et al Court: EASTERN OISTRICT OF LOUISIANA Docket No.: 95'()785 Institution: FPC, Maxwell Air Force Base Type of Case: Federal Tort Claims Act (FlCA) Subject MEDICAL TREATMENT Facts Alleged: Former inmate at MON and EGL alleges that ~ ( ..... tence should be modified to allow the possibility of role and the fact that he Is not serving a mandatory minimum. Damages Req: 0; Special Monitoring: O. Not assigned to special monitoring; SERa: Regional office staff are not alleged to be Involved In this case. he. did not receive adequate medical treatment for an eye problem in 1992 which has resulted in permanent damage. Damages R~q: $375,000; Special Monitoring: 182. May be financial liability. All cases involving injury which caused loss of limb or body function.; SERO: Regional office staff are alleged to be involved in this case. Rec'd in Legal: March 20, 1995; Due: 03-17-1995 Assigned to: Cris Castillo; Paralegal, Miami, FL; Charles Davidson. Attorney Advisor. FDC~ MeC, Miami ~~~~~~~~~~~~~~~~~~~- Rec~fuLe~t~~h~,1~~Due:~1&1~ Assigned to: Robert J. Boitman; United States Attorney. 22. MARY K. HUDSON v. GEORGE ELLEN HURST Court: NORTHERN .DISTRICT OF FLORIDA Docket No.: 95-50024!LAC Institution: FCI, Marianna Type of Case: Habeas Corpus Subject: SENT~NCING, PAROLE Facts Alleged: Inmate at MNA in 1995 alleges that her New Orleans, LA; Earl L Cotton. Assistant Regional Counsel, SERO sentence is eligible for parole and the BOP refuses to do so. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 20.1995; Due: Os.09-1995 /gned to: Samuel A. Alter, Jr.; Supervising Assistant U.S. 1 (. . '''- .. rney, Pensacola FL; Sterling Dawson, Paralegal eclallst, FCI, Marianna ------------------------------~--~--~-----~~----~~------ 3(58 CEO Litigation Report March 28, 1995 , 25. JORG'E VALDES v. MICHAEL FITZPATRICK ,. _Jurt: SOUTHERN DISTRICT OF FLORIDA Docket No.: 95-o272-CIV-KEHOE Institution: MCC, Miami Type of Case: Habeas Corpus Subject: SENTENCING Facts Alleged: Inmate at MIA in 1995 alleges that he should receive credit for time served in state custody. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 31, 1995; Due: NONE. NO SHOW CAUSE Assigned to: Robyn J. Hermann; Assistant U.S. Attorney; Deputy Chief, Civil Division. Miami. FL; Michael Pybas, Senior Attorney Advisor, FOC, MCC, Miami 26. DARRELL L THOMPSON v. FRED STOCK Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:94-CV-3430-RLV Institution: USP, Atlanta Type of Case: Habeas Corpus Subject: INMATE DISCIPLINE Facts·Alleged: Inmate at ATL alleges he was wrongfully und guilty by the DHO of possessing contraband which s found in the common area of his cell. His cell mate dmits ownership of the property. . Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd in Legal: March 28, 1995; Due: -1995 Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff Counsel, USP. Atlanta . Q Significant Activity on Existing Ca~es Page 6 ROBERT H. BURNS v. C. LAWTHER, et al Court: NORTHERN DISTRICT OF ALABAMA Docket No.: CV·90-H-0475-E; Type of Case: Personal Liability Action (Bivens); Damages Req: $2,500,000 Subject: MEDICAL TREATMENT Institution: Fel. Talladega Facts Alleged: Refused treatment at TOG in 1988 for intestinal track problem. Later tests showed gall bladder had burst. 03-05-1992 Interlocutory appeal by inmate dismissed by Eleventh Circuit. 91-7814. 06-16-1993 Trial on the merits was attended by Van Vandivier and Gere Gooden. 07-19-1993 The court found there was no negligence. The government's expert witnesses testHied that the health care was at the level of such reasonable care, sklll and diligence as other similarly situated health care providers in the same line of practice ordinarily have exercised in like cases. The inmate presented no evidence to the contrary. Alabama law is clear that a plaintiff has the obligation to counter defendant's expert testimony with expert testimony in support of his claim. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 03-14-1990 Significant Activity: 02-14-1995 Inmate was entitled to Jury trial. A special report is not a pleading, so the demand for Jury trial was not untimely. MARGARITA SOTO CANINO v. DR. PHIWP LEE. et al Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 94-1512-CIV-MORENO; Type of Case: Equal Employment Claim; Damages Req: $300,000 Subject: DISCRIMINATION Institution: MCC. Miami Facts Alleged: Public Health Service employee alleges that she was subjected to sexual harassment while at MIA In 1992 in retaliation because of her testimony in another EEO lawsuit. Special Monitoring: IC2, Publicity I Impact on staff morale, All employee suits. Date Case Filed: 07-25-1994 ----~--------------- Significant Activity: 03-03-1995 Court grants summary JAMES ROBERT BAILEY v. BUREAU OF PRISONS, et al judgement. The only appropriate defendant In this Title VII Court: SOUTHERN DISTRICT OF GEORGIA action brought by a PHS employee Is the Secretary of Docket No.: CV 293-159; Type of Case: Personal Liability Health an Human Services. The court lacked jurisdiction because commissioned officers are exempted from Title VII. Action (Bivens); Damages Req: $3,000,000 Subject: MEDICAL TREATMENT Institution: Fel, Jesup Facts Alleged: Inmate at JES in 1993 alleges that he did not receive adequate medical treatment for a finger injury. As a result, he has lost the use and mobility of the finger. Cial Monitoring: 0, Not assigned to special monitoring . e Case Filed: 10-18-1993 pnificant Activity: 08-17-1994 Order grants summary judgement. dismisses Defendant Smith leaving two other defendants in the case.03-14-1995 Additional defendant dismissed. Diaz. 59 r£ " J Page 7 CEO Litigation Report March 28, 1995 • ·UDIOUS CHANNER v. ANA WANGA. et al ( 1;;rt: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:93-CV-1425-RHH; Type of Case: Personal Liability Action (Bivens); Damages Req: $380,000 Subject: ACCESS TO COURTS, CORRESPONDENCE Institution: USP, Atlanta Facts Alleged: Inmate at ATL in 1993 alleges that his legal PAUL FAZZINI v. WARDEN OF ATLANTA USP, et al Cout1: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:91-CV-2196-RCF; Type of Case: Personal Liability Action (Bivens): Damages Req: unspecified Subject: INMATE DISCIPLINE Institution: USP, Atlanta Facts AI/eged: Disciplined for the exercise of 1st Amendment rights at ATL in 1991. mail was held and illegally opened. Order from magistrate Special Monitoring: 0, Not assigned to special monitoring was not delivered causing dismissal of case. Date Case Filed: 12-04-1991 Special Monitoring: 0, Not assigned to special monitoring Significant Activity: 02-27-1995 Order grants government's Date Case Filed: 06-23-1993 motion for 'judgement on the pleadings or, In the alternative, Significant Activity: 03-17-1995 Order grants the summary judgement. The Inmate's FTCA claims must be government's motion to dismiss. Isolated Instances of denied because he failed to file suit within six months of the negligent opening of constitutionally protected legal mail. do denial of his administrative claim. The Privacy Act claim not give rise to a constitutional violation, absent factual must be denied because it can be brought only against a government agency and the inmate has sued only allegations or evidence of improper motive or resulting individuals. Federal civil RICO claims cannot be brought Interference with an inmate's right to counselor access to against the federal government. On the Bivens claims. the the courts. defendants are entitled to qualified immunity. HENRY CARABALLO-SANDOVAL v. RON E. HONSTED, EDDIE GAMBLE, SR .. v. WAYNE HOFFMAN, et al et al Court: NORTHERN DISTRICT OF ALABAMA Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: 94-H-0942-E; Type of Case: Personal UabDIty Docket No.: CV 292-20; Type of Case: Personal Liability Action (Bivens); Damages Req: $15,000,000 Action (Bivens); Damages Req: $140,000 Subject: ASSAULTS, MEDICAL TREATMENT, MENTAL ~.'Ibject: VISITING, ADMINISTRATIVE DETENTION HEALTH Institution: FCI, Talladega ~,.. ,~titution: FCI, Jesup "., Facts Alleged: Inmate and civilian sue for visiting privileges. Facts Alleged: Inmate alleges that during the Cuban uprising at TOG in 1991, he was physically and mentally Civilian was a former contract employee at MNA in 1989. injured. He alleges that he has received adequate medical She visited inmate at MNA after resigning from contract treatment. position. She claims to have relationship with inmate prior to his incarceration. Visiting not permitted at JES in 1991. Special Monitoring: IC9, Publicity /Impact on staff morale, 1,991 TOG Riot Special Monitoring: IC2, Publicity /Impact on staff morale. All e~p1oyee suits. Date Case Filed: 04-19-1994 Date Case Filed: 01-09-1992 Significant Activity: 02-27-1995 Order adopts magistrate's report. grants summary judgement dismisses case. Significant Activity: 10-14-1994 Eleventh Circuit, 93-8004. 01-17-1995 The magistrate's report recommends dismissal holds that the decision to terminate visitation privileges between the prisoner and his wife was within prison officials MICHAEL W. GILTNER v. UNITED STATES discretionary authority. Prison officials had legitimate penological reason for denying the visitation privileges. The Court: NORTHERN DISTRICT OF FLORIDA prisoner had exhausted his administrative remedies with Docket No.: 93-50095!WV; Type of Case: Habeas Corpus; regard io his placement in administrative detention because Damages Req: 0 he was seeking' only money damages. The administrative detention issue was remanded to the district court for a Subject: SENTENCING Institution: FPC, Tyndall Air Force Base determination on the merits. 11-23-1992 Order grants summary judgement. dismisses case without prejudice Facts Alleged: Inmate at TYN in 1993 alleges that he should pending resolution of administrative remedies. receive credit for time spent on bonel. ~~~~~~~~~~~~~~~~~~~~. ~ec~/~~~:~N~as~gn~tosped~monn~ng Date Case Filed: 04-23-1993 Significant Activity: 01-06-1995 Order dismisses case with prejudice. The inmate is not entitled to Jail credit for time on bond. Appeal to Eleventh Circuit. 95-2107. 03-28-1995 Dismissed for failure to prosecute. 3C60 Page 8 CEO Litigation Report March 28, 1995 a" ~. BERT LEE GRAHAM, SR. v. MICHAEL GARRETT, et al ..urt: MIDDLE DISTRICT OF ALABAMA 'Docket No.: 94-T-1590-N; Type of Case: Habeas Corpus; Damages Req: 0 Subject: SENTENCING, FURLOUGHS Institution: FPC, Maxwell Air Force Base Facts Alleged: Inmate at MON in 1994 alleges that he should receive credit towards his second sentence so that he would be eligible for a furlough. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 12-14-1994 Significant Activity: 03-16-1995 Order adopts magistrate's report. dismisses case. 03-09-1995 The magistrate's report recommends dismissal. Under either 18 U.S.C. 3568 or 3585 it Is the responsibility of the Attorney General, acting th'ro~gh the Bureau of Prisons, to compute sentences and determine eligibility for jail time credit. Administrative ' remedies must be exhausted. KEVIN HARVEY v. BUREAU OF PRISONS, et al Court: NORTHERN DISTRICT OF ALABAMA Docket No.: CV 92-AR-2592-E; Type of Case: Personal Liability Action (Bivens): Damages Req: $7500.00 Subject: INMATE DISCIPLINE, ADMINISTRATIVE TENTION Institution: FCI, Talladega cts Alleged: Inmate at TOG In 1992 was charged with C . . possession of weapon. Claims his rights were violated as a result of not having a UDC hearing prior to DHO proceeding. 12-2~-1993 Order adopts magistrate's report, dismisses case. 12-01-1993 Magistrate's report recommends dismissal. Defendant's special report is treated as a motion for summary judgement. Violation of the Bureau·s rule that a prisoner'should receive a disciplinary hearing within 3 days of the delivery of the incident report does not constitute a constitutional violation. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 11-25-1992 Significant Activity: 03-07-1994 Appeal to Eleventh Circuit, 94-6068. 03-22-1995 The decision below is affirmed. There was some evidence to support the DHO's decision that the inmate possessed contraband. u.S. v. TIMOTHY HUME Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1~94-CR-370: Type of Case: Criminal Prosecution; Damages Req: 0 Subject: CRIMINAL PROSECUTION, ASSAULTS Institution: USP, Atlanta Facts Alleged: Assault by inmate with knife on physiclan·s assistant at ATl in 1994. Special Monitoring: IC2. Publicity I Impact on staff morale. All employee suits. Date Case Filed: 1994 Significant Activity: 01-24-1995 Trial. Staff Counsel MIke 8redenberg attended the first day. Inmate·s defense Is that he was not mentally responsible because BOP refused to supply prescription drugs he had been previously taking. Jury brought back guilty verdict after 30 minutes. WILLIAM T. IRWIN v. J. MICHAEL QUINLAN. et 81 . Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV291'-Q5; Type of Case: Mandamus; Damages Req:O 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. Special Monitoring: O. Not aSSigned to special monitoring Date Case Filed: 01-09-1991 Significant Activity: 12-15-1994 Eleventh Circuit affirms. 12-15-1994 Dismissal affirmed for failure to exhaust administrative remedies. 07-11-1994 Appealed to 11th Circuit,92-8665. 11-15-1991 Dismissed for faOure to exhaust administrative remedies. Appealed to 11 th Circuit. Appeal dismissed 03-26-1992. 05-14-1992 Order dismisses case in chief without prejudice for failure to exhaust administrative remedies. DAVID ,LAMBERT v. J. STRICKLAND, et al Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: 294-7; Type of Case: Personal Uability Action (Bivens); Damages Req: 0 Subject: TRANSFERS, VISITING Institution: Fel, Jesup Facts Alleged: Inmate at JES in 1994 alleges that he was arbitrarily transferred because of his frequent filing. He alleges that his visitation rights have been infringed upon. He also alleges that he has purchased food ,items from the commissary beyond their expiration dates. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed; 01-10-1994 Significant Activity: 12-07-1994 Appeal to Eleventh Circuit dismissed for want of prosecution. 94-9000. 061 Page 9 CEO Utigation Report March 28, 1995 ENN WAYNE MITCHELL v. U.S. DEPARTMENT OF • ~ ~STlCE, et 81 IRA CRAWFORD MUSE, JR. v. JAN~T RENO, et al , ····Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:90-CV-915.JTC; Type of Case: Employment Discrimination; bamages Req: unspecHied Subject DISCRIMINATION Institution: USP, Atlanta Facts Alleged: Dismissed from CO position at ATl because of race, threatened co-worker. 08-30-1993 Trial before Magistrate Allen L Chancey. 10-15-1993 Magistrate's report recommends dismissal because the employee failed to carry his burden of proving the adverse personnel actions were a result of intentional race discrimination. Special Monitoring: IC2, Publicity /Impact on staff morale, All employee suits. Date Case Filed: 04-24-1990 Significant Activity: 02-28-1994 Order adopts magistrate's report, dismisses case. The employee met his initial burden by establishing a prima facie case. The Bureau offered non-discriminatory reasons for Its actions by referring to the employee's questionable state of mind which resulted from being held hostage by prisoners in 1987. The Bureau based Its concerns on a threat made by the employee to a co-worker and evaluations by the employee's psychologist which indicated that he should not have direct contact with tes, he could lose control and become physically ressive and would never be able to return to work. peal to Eleventh Circuit. 94-8431. 03-28-1995 Affirmed. Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-40136-WS; Type of Case: Mandamus; Damages Req: 0 Subject EMPLOYEES CLAIMS Institution: Fel, Tallahassee Facts Alleged: TAL Employee in 1994 alleges that FCI, TAL refuses to implement a program for the advancement of disabled veterans. Special Monitoring: IC2, Publicity /Impact on staff morale, All employee suits. Date Case Filed: 04-05-1994 Significant Activity: 12-22-1994 Order grants government's motion to dismiss. Jurisdiction under 28 U~S.C. 1331 Is not appropriate. An action does not "arise under' a federal law . that does not create a private cause of action or a federal judicial remedy for violations thereof. There Is nothing In the federal veteran's preference laws, 38 U.S.C. 4214 (employment within federal government) or 5 U.S.C. 3112 (noncompetitive appointments of disabled veterans) to indicate that Congress Intended to create a right of action In federal court. Absent such an indication, federal question. jurisdiction Is lacking. Additionally. 28 U.S.C. 1361, does not provide an independent basis of federal Jurisdiction, but rather supplies a permissible remedy. DOMINICK T. MONGELU v. UNITED STATES BUREAU OF PRISONS , Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: 294-011; Type of Case: Mandamus; Damages Req:O Subject: TRANSFERS, PRETRIAL DETAINEES, WORK Institution: Fel, Jesup . Facts Alleged: JES Inmates In 1994 allege that the UNICOR BOD received unauthorized gHts, UNICOR employees Illegal aliens and pre-trial detainees, UNICOR sells goods to private companies, UNICOR threatened and coerced Inmates to work In UNICOR for less than minimum wages, and that inmates are transferred repeatedly to prevent a raise in pay. Special Monitoring: IC5, Publicity /Impact on staff morale, Other. Date Case Filed: 01~1-1994 Significant Activity: Evidentiary hearing scheduled for 06-09-1994. 03-30-1995 Order adopts magistrate's report. dismisses case. 10-13-1994 Magistrate's report recommends grant in part and denial in part of the government's initial motion to dismiss or In the alternative (l Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 1:93-CV-2954.JTC; Type of Case: Federal Tort OaJms Act (FTCA); Damages Req: $250,000 Subject TORT, SAFETY Institution: USP, Atlanta Facts Alleged: Inmate at EST in 1994 alleges that his eyes were injured In a fire at ATlln 1992. Spec/al Monitoring: IB2. May be flnancialliability, All cases involving injury which caused loss of limb or body function. Date Case Filed: 12-07-1993 Significant Activity: 03-24-1995 Order grants government's motion for summary judgement. The inmate failed to present sufflc(en~ evidence to show that his symptoms, spots before eyes which appeared 2 weeks after the . accident, were caused by ashes from the fire. The aJleged injury, which could not be confirmed by physical evidence, was suffiCiently remote from the accident to require the of expert medical testimony to establish the Injury and causation. The Inmate did not offer any expert eVidence. n DUANE OLSON, et al v. FEDERAL PRISON INDUSTRIES (UNICOR), et al --------------------·b~~j~~~~~~~ .. 03-06-1995 The magistrate's report recommends dismissal because no special grand jury has been impanelled In this district. Therefore, the inmates have no basis for their mandamus action. .W62 Page 10 CEO Litigation Report March 28, 1995 ar. ~urt: JAMES GARY SMITH Y. UNITED STATES, et al Court: DISTRICT OF MARYLAND Docket No.: 5-94-482-; Type of Case: Federal Tort Claims Act (FTCA); Damages Req: $1,000,000.00 Subject: MEDICAL. TREATMENT, WORK Institution: FPC, DON L PAGE v. ROY L WARD, et al NORTHERN DISTRICT OF FLORIDA Docket No.: TCA 92-40022JWS; Type of Case: Personal Liability Action (Bivens); Damages Req: $20.000 Subject: RELIGION Institution: FCI, Tallahassee Facts Alleged: Denied participation in Muslim Ramadan meal at TAL In 1992 because he was late to one meal. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 02-12-1992 Significant Activity: 0?-19-1995 Order adopts magistrate's report, dismisses case. 02-03-1995 The magistrate's report recommends dismissal because of inmate's failure to apprise court of new address after release. Eglin Facts Alleged: Former inmate at FPC. EGL in 1889 alleges that he did not receive adequate medical treatment for a cyst on his back. He alleges that he was made to perform work duties that violated medical orders. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 03-07-1994 Significant Activity: 07-()6-1994 Order dismisses case for ~~~~~~~~~~~~~~~~~~~~ ~ckofsubjectmanerjurisdictlonbecausethecl~~~ GERALD SIMMONS v. BUREAU OF PRISONS, et al Court: MIDDLE DISTRICT OF ALABAMA Docket No.: 91-A-1363-N; Type of Case: Personal Liability Action (Bivens); Damages Req: 11,000.000 Subject: INMATE DISCIPUNE, LAW LIBRARIES. ADMINISTRATIVE DETENTION Institution: FPC, Maxwell Air force Base Facts Alleged: Disciplined for taking food from cafeteria and lying to staff member at MON in 01-1989. Not allowed to call witnesses at DHO hearing. Cell used for confinement s unsanitary. Improper delay in seeing parole board. ecial Monitoring: 0, Not assigned to special monitoring Date Case Filed: 11-D6-1991 Significant Activity: 12-16-1991 Order dismissed BOP from case. 03-10-1995 Order adopts magistrate's report. grants summary judgement dismisses case. 02-15-1995 The magistrate's report recommends dismissal. The inmate received the due process to which he was entitled in the disciplinary action. It Is not the province of the court to retry de novo prison disciplinary actions. The inmate has no constitutionally protected interest In remaining In general population. therefore, his claims concerning administrative detention should be dismissed. The inmate did not meet his burden to establish that the law library was inadequate. A failed to file a timely motion for reconsideration. 09-01-1994 Appeal to Fourth Circuit, 94-2128. 03-02-1994 Affirmed. JAMES H. TIMBERLAKE v. BUREAU OF PRISONS, et al Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV 294-5; Type of Case: Personal Uability (Bivens) and Tort Action; Damages Req: 50,000 Subject: MEDICAL TREATMENT Institution: Fel, Jesup Facts Alleged: Inmate at JES in 1994 alleges that he did not receive adequate medical treatment as ~ result of an Injury he received after a chair collapsed. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 01-24-1994 Significant Activity: 06-16-1994 Magistrate's report denies the government's motion to dismiss or in the alternative for summary jUdgement, denying qualified immunity. 07-01-1994 Government files objections. 07-18-1994 EVidentiary hearing. Summary judgement denied. Government takes an interlocutory appeal to the Eleventh Circuit. 94-8799. on the question of qualified Immunity. 02-07-1995 Eleventh Circuit reverses and remands. The Court did not reach the question of qualified immunity . because it determined the underlying claim must faD on the merits. The prison's response to the inmate's medical complaints was anything but deliberately indifferent. He had been seen sixty times in the past two years and prescribed numerous medications. He was seen by two specialist and given psychiatriC counseling. He was supplied with back braces. a bed board. soft shoes and support hose. () 3 63 • CEO Litigation Report Page 11 March 28, 1995 ~RGE VALDES v. MICHAEL FllZPATRICK ( Tourt: SOUTHERN DISTRICT OF FLORIDA Docket No.: 95-0272-CIV-KEHOE; Type of Case: Habeas Corpus; Damages Req: 0 Subject: SENTENCING . Institution: MCC. Miami Facts Alleged: Inmate at MIA in 1995 alleges that he should receive credit for time served in state custody. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 02-10-1995 Significant Activity: 03-21-1995 Dismissed because of inmate's motion for voluntary dismissal. JESSIE H. VAUGHN v. JOHN E. HAHN Court: NORTHERN DISTRICT OF FLORIDA Docket No.: PCA 94-30027/RV; Type of Case: Habeas Corpus; Damages Req: 0 Subject: SENTENCING Institution: FPC. Eglin Facts Alleged: Inmate at EGL In 1994 alleges that he should be given credit for time spent in restrictive bond. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 07-07-1994 Significant Activity: 03-29-1995 Order adopts magistrate's report, dismisses case. 03-06-1995 The magistrate's report commends dismissal because restrictive bond does not nstitute official detention for the purposes of eligibility for credit. ~ (' . JOSEPH WITCHARD v. J.D. LAMER Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV 294-036; Type of Case: Habeas Corpus; Damages Req: 0 Subject SENTENCING Institution: FCI. Jesup Facts Alleged: Inmate at JES in 1994 alleges that he should be given credit for time spent in a federal custody on writ from a state facUlty. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 03-10-1994 Significant Activity: 09-18-1994 Hearing scheduled. 12-23-1994 Dismissed for faOure to exhaust administrative remedies and because he is not entitled to the Jail credit demanded. A federal sentence does not begin to run when a defendant is produced in court pursuant to a federal writ of habeas corpus ad prosequendum. The inmate produced a document to show he had not received credit against his state sentence. Evidence strongly suggests the document was a forgery. () 3 4 2. JAMES P. MASTRONARDI v. R. D. SWOPE. et al Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 94·CV.a239 Institution: USP. Atlanta May 1.1995 Date: Type of Case: Personal UabJlity Action (Bivens) Sherree L Sturgis, Regional cou¢ _ / Subject: MEDICAL TREATMENT Reply to Facts Alleged: ATL inmate in 1994 aIJeges failure to provide Southeast Region, Bureau of prl;W Attn. of: medical treatment for shoulder Injury, bone spurs, tumors, and hormone deficiency. Also refused dental work and April. 1995 SER litigation Subject: replacement of contact lenses. Illegal taking of blood samples for drug tests. Denial of access to courts, and SER CEOs, Regional Administrators To: failure to obey segregated housing regulations. Institution Paralegals and Attorneys Damages Req: $110,000; Special Monitoring: 0, Not Wallace' H. Cheney. General Couns~ assigned to special monitoring; SERO: Regional office Joyce Zoldak, Associate General Counsel staff are not alleged to be involved In this case. Rec'd In Legal: April 25, 1995; Due: -1995 _ _ _ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ Assigned to: Curtis E. Anderson: Assistant U.S. Attorney, Chiefi Civil Division, Atlanta. GA: Mike Bredenberg, Staff 1. DAVID TAYLOR v. KEITH OLSON, et al United States Government Memorandum New Cases (' _ \.. Court: NORTHERN DISTRICT OF flORIDA Docket No.: 94-01118I'NS Institution: Fel, Tallahassee Type of Case: Personal Liability Action (Bivens) Subject: FINES. TELEPHONES. WORK Facts Alleged: TAL Inmate in 1995 claims he staff would not ke him off IFRP "Refuse" status until he made a payment. hlch led to loss of wages and privileges and harassment. There was an unrelated problem with ITS. Damages Req: $20,200: Spec/al Monitoring: 108. Case management may be a problem, Other: Inmate Telephone Issue: SERa: Regional office staff are not alleged to be Involved in this case. Rec'd In Legal: April 25, 1995: Due: 05-05-1995 Assigned to: Roy F. Blondeau. Jr.; Assistant U.S. Attorney. Tallahassee. FL; Dan Rouse, Paralegal Specialist, FCI. Tallahassee ___________________ Couns~.USP.AUanta 3. RONA.LD L JACOBY v. DEPT OF JUSTICE, Rec'd In Legal: April 27. 1995; Due: 05-22-1995 Assigned to: Robyn J. Hermann; Assistant U.S. Attomey. Deputy Chief, CMI Division, Miami, FL; Eart L Cotton, Assistant Regional Counsel. SERO '*ii:'i--- -- i f .111. 0.&~-95 ! OFFrCE OF G:~-'.' ~ ~: IL~~.:" .... _~ !:J 5t"t. ~,! t~;: 3038 et al Court: SOUTHERN DISTRICT OF FLORIDA Docket No.: 95-0252-CIV-MOORE Institution: FPC, Eg lin Type of Case: Personal Uabllity Action (Bivens) Subject: SENTENCE Facts Alleged: 1995 EGL inmate alleges court ordered correction In amount of restitution proves IFRP payment should be lower. Damages Req: ; Special Monitoring: 0, Not assigned to . special monitoring; SERa: Regional office staff are not alleged to be involved in this case. CEO Litigation Report May 1~ 1995 Page 2 ~ • CARL E. BALONEY v. FRED STOCK, et 81 ourt: NORTHERN DISTRICT OF GEORGIA Docket No.: 95-CV-252.JEC Institution: USP, Atlanta Type of Case: Personal Liability Action (Bivens) Subject: ACCESS TO COURTS Facts Alleged: ATL Inmate In 1995 alleges he was removed from the camp and improperty housed in the high security area of the USP. His personal property and legal materials were delayed. Damages Req: $47,000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be involved in this case. Rec'd In Legal: April 27, 1995; Due: -1995 Assigned to: Curtis E. Anderson; Assistant U.S. Attorney. Chief, Civil Division, Atlanta. GA; Mike Bredenberg. Staff Counsel, USP, Atlanta SAMUEL BROWNI v. UNITED STATES, et 81 Court: DISTRICT OF SOUTH CAROUNA Docket No.: 2-95-1015-18 Institution: FCI, Estill Type of Case: Personal Liability (Bivens) and Tort Action Subject TORT, GOVERNMENT VEHICLES cts Alleged: Civilian in 1994 alleges BOP van driver drove ( cklessly and failed to yield which caused wreck. Claims .,..... serious and permanent Injuries and loss of enjoyment of life. Damages Req: $15,000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27. 1995; Due: oe-02-1995 AsSigned to: Jay Preston Strom; U.S. Attorney, Columbia, SC; Earl L Cotton, Assistant Regional Counsel. SERO ------------------. 6. EDUARDO ULLOA v. DR. E. HILLINGSWORTH, et 81 Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-50097 Institution: FCI, Marianna Type of Case: Personal Liability Action (Bivens) Subject MEDICAL TREATMENT Facts Alleged: MNA Inmate In 1993 claims he injured his arm playing handball. Refused x-ray until 55 days later where it was discovered he had a broken arm. Oaims loss of use of arm. Damages Req: $3.000.000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved in this case. Rec'd In Legal: April 27. 1995; Due: 05-09-1995 .a;slgned to: Michael Finney; Assistant U.S. Attorney, ( _~nsacola. FL; Sterting Dawson, Paralegal Specialist, FCI. .... Marianna 5. ~ 7. FRANCISCO CABRERAv. EDWARD F. REILLY Court: SOUTHERN DISTRICT OF flORIDA Docket No.: 95-713-CIV-GAAHAM Institution: MeC, Miami Type of Case: Habeas Corpus Subject: TRANSFERS, SENTENCING Facts Alleged: MIA inmate In 1995 alleges BOP failed to acknowledge 15.5 months of house arrest as time served as part of main claim against tbe USPC. Moves to stop transfer under F.R.App.P. 23. Damages Req: 0; Special Monitoring: 0. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: April 27. 1995; Due: 06-02-1995 Assigned to: Robyn J. Hermann; Assistant U.S. Attorney, Deputy Chief, Civil Division, Miami, FL; Michael Pybas. Senior Attorney Advisor, FOC. MCC, Miami 8. RAFAEL CRESPO-HERRERRA v. BUREAU OF PRISONS, et 81 . Court: DISTRICT OF SOUTH CAROUNA Docket No.: 9:95-789-22JC Institution: FCI, Estill Type of Case: Habeas Corpus Subject: SENTENCING, DISCRIMINATION -INMATE Facts Alleged: EST Inmate In 1995 claims he has not been credited with good time and extra good time that other Inmates similarly situated have been given. Damages Req: 0; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27. 1995; Due: 05-28-1995 Assigned to: Jay Preston Strom; U.S. Attorney,' Columbia, SC; Jon M. Adduci, Paralegal Specialist, FCI. EstUI 9. PHIUP DOZIER v. KEITH OLSON, et II Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 94-40635 Institution: FCI, Tallahassee Type of Case: Habeas Corpus Subject: PAROLE Facts Alleged: TAL Inmate In 1994 alleges he Is held beyond the length of sentence because his special parole term has expired. Damages Req: 0; Spec/al Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27. 1995; Due: unknown Assigned to: P. Michael Patterson; U.S. Attorney, Tallahassee, FL; Dan Rouse, Paralegal Specialist. FCI. Tallahassee 303~ I) CEO Litigation Report May 1, 1995 Ao. 13. ABDULLAH H MUHAMMAD Y. BUREAU OF PRISONS, et al FERNANDO HERRERRA-RIVERA Y. UNITED ~TATES, et al '.... Court: SOUTHERN DISTRICT OF flORIDA ( Docket No.: 94-2518 Institution: MCC, Miami Type of Case: Personal Liability (Bivens) and Tort Action Subject. PROPERTY ~ Facts Alleged: FTD Inmate alleges whi1e at MIA In 1992 he lost $1.751.70 In property after Hurricane Andrew. Damages Req: $1,751.70; Special Monitoring: IC8, Publicity I Impact on staff morale, Resulting from 08·92 Hurricane Andrew; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27, 1995; Due: 05-25-1995 Assigned to: Robyn J. Hermann; Assistant U.S. Attorney. Deputy Chief. Civil Division, Miami. FL; Michael Pybas. Senior Staff Attorney. FDC, Miami. MCC, Miami -------------------------------------11. ANTONIO MARTIN JOHN W. CUMMING, et al Y. Cout1: NORTHERN DISTRICT OF GEORGIA Docket No.: 94-3314 Institution: USP. Atlanta Type of Case: Personal liability Action (Bivens) Subject ASSAULTS ",~acts Alleged: ATL Inmate In 1994 alleges that he was ( nacked by other Inmates and BOP personnel watched ',.. without assisting. Damages Req: 0: Special Monitoring: 0, Not assigned to special monitoring: SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: April 27, 1995; Due: NONE. NO SUMMONS ISSUED. Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff Counsel, USP, Atlanta --------------------------12. WIWAM MOUNA v. WIWAM BUCHANON, et al Court: NORTHERN DI~TRlCT OF GEORGIA Docket No.: 95-72-CC Institution: USP. Atlanta Type of Case: Personal Uability Action (Bivens) Subject M~DICAL TREATMENT Facts Alleged: ATL Inmate In 1994 alleges fanure to provide medical treatment caused gangrene In his feet to result In amputation of his toes and his left leg just below the knee. Damages Req: $5,050.000; Special Monitoring: 182, May be financfalliabDlty, All cases InvolvIng Injury which caused loss of 11mb or body function.; SERO: Regional office staff are not alleged to be Involved In this case. ~ec'd In Legal: April 'ZI. 1995; Due: NONE, NO SUMMONS ISSUED. (. '. . Page 3 'Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Chief. ClvD Division. Atlanta. GA; Mike Bredenberg. Staff Couns~,USP,Adanta 304 Court: DISTRICT OF SOUTH CAROlINA Docket No.: 95-187-6JC Institution: FCI, Estill Type of Case: Mandamus Subject NAME CHANGES, REUGION Facts Alleged: EST inmate in 1995 seeks recognition of name change from Jones to Muhammad. He alleges that he legally changed his name for religious purposes. Damages Req: $3.45; Special Monitoring: ICS, Publicity I Impact on staff morale. Other: Religious Issue; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27, 1995; Due: ·1995 Assigned to: Jay Preston Strom; U.S. Attorney, Columbia, SC; Jon M. Adduci. Paralegal Specialist, FCI, Estill 14. TOMMIE MURRY Y. FED. PRISON INDUSTRIES, et al Court: NORTHERN DISTRICT OF ~AMA Docket No.: CV95-AR-0348-E Institution: FCI, Talladega Type of Case: Personal Uabnity (Bivens) and Tort Action Subject: INMATE ACCIDENT COMPENSATION, WORK Facts Alleged: TOG inmate In 1992 alleges he suffered major UNICOR Injury and was awarded Inadequate sum by Inmate Accident Compensation System. He appealed. Damages Req: $150.000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: April 27, 1995; Due: 05-08-1995 Assigned to: Winfield J. Sinclair; Assistant U.S. Attorney, Birmingham, AL; Kathleen Kenney, Attorney AdvIsor, FCI, Talladega CEO Litigation Report Page 4 May 1, 1995 A. JEFFREY ROJAS, et 81 v. FRED STOCK, et al 18. JACK STANCEWv. FRED STOCK, et al ~ ""',urt: NORTHERN DISTRICT OF GEORGIA Court: NORTHERN DISTRICT OF GEORGIA .... ..,ocket No.: 1:94-CV-3199 Docket No.: 1 :95-CV-815-RCF Institution: USP, Atlanta Institution: USP, Atlanta Type of Case: Personal Liabl1lty Action (Bivens) Type of Case: Habeas Corpus Subject: MEDICAL TREATMENT, TRANSFERS, AD Subject: INMATE DISCIPUNE, CONDITIONS OF . REMEDIES CONFINEMENT, ADMINISTRATIVE DETENTION Facts Alleged: Two AlL inmates, Rojas and Friedman. Facts Alleged: ATL Inmate In 1995 challenges DHO action allege refusal to provide medical treatment - one for broken because he was not granted a staff assistant and because bones and one for urological problems. Threats of transfers he could not present a defense whOe criminal charges are because of complaints. pending. Also claims 5 month delay In delivery of detention order. Challenges conditions In SHU. Damages Req: $22.000; Special Monitoring: 0, Not assigned to special monitoring; SERO: Regional office Damages Req: 0; Special Monitoring: 0, Not assigned to staff are not alleged to be Involved in this case. special monitoring; SERO: Regional office staff are not alleged to be involved In this case. Rec'd In Legal: April ZI. 1995; Due: -1995 Rec'd In Legal: April 27, 1995; Due: ASSigned to: Curtis E. Anderson; Assistant U~S. Attorney. Chief. Civil Division. Atlanta. GA; Mike Bredenberg, Staff Assigned to: Curtis E. Anderson; Assistant U.S. Attorney. Chief, Civil Division, Atlanta, GA; Mike Bredenberg, Staff Counsel, USP, Atlanta - - - - - - - - - - - - - - - - - - - Counsel, USP. Atlanta 16. MANUEL ROMERO, et al v. UNITED STATES 19. ANDREW WALKER v. UNITED STATES, et al Court: SOUTHERN DISTRICT Of flORIDA Court: NORTHERN DISTRICT OF GEORGIA Docket No.: 95-0664 Docket No.: 1:95-CV-278-ODE Institution: MCC, Miami Institution: USP, Atlanta Type of Case: Federal Tort Claims Act (FTCA) Type of Case: Personal Uabnlty (Bivens) and Tort Action ~bJect. TORT, TRANSFERS, GOVERNMENT VEHICLES Subject. PROPERTY "-o.;.~cts Alleged: Fifteen MIA Inmates allege BOP us accldem near TAL on 4-1-93 caused them Injury. Text identical to Facts Alleged: ATL Inmate In 1993 claims he surrendered radio to staff to be returned to the manufacturer for the Rulz, 95-604. repair of a defect but never received the radio back. Damages Req: $1.500,000; Special Monitoring: IC12, Publicity I Impact on staff morale. 4-1-93 Miami bus Damages Req: $1.068.75; Special Monitoring: 0, NOt accident; SERO: Regional office staff are not alleged to assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. be Involved in this case. Rec'd In Legal: April ZI. 1995; Due: 05-26-1995 Rec'd In Legal: April 2:1,1995; Due: 06-06-1995 Assigned to: Carta Barrow, Assistant U.S. Attorney, Miami, Assigned to: Curtis E. Anderson; Assistant U.S. Attorney, Chief. Civil Division, Atlanta. GA; Mike Bredenberg, Staff FL; Ken Hyle, Attorney/Advisor, SERO - - - - - - - - - - - - - - - - - - - Counsel. USP. Atlanta 17. UONEL RUIZ v. UNITED STATES Court: SOUTHERN DISTRICT OF flORIDA Docket No.: 95-604 Institution: MCC, Miami Type of Case: Federal Tort Claims Act (FTCA) Subject. TORT, TRANSFERS, GOVERNMENT VEHICLES Facts Alleged: MIA Inmate alleges BOP accident near TAL on 4-1-93 caused him Injury. Text identical to Romero, 95-0664. Damages Req: $100,000; Special Monitoring: IC12, Publicity I Impact on staff morale, ~ 1-93 Miami bus cident; SERO: Regional office staff are not alleged to Involved In this case. . ac'd in Legal: April 27.1995; Due: 05-30-1995 .'. Assigned to: Carta Barrow; AssIstant U.S. Attorney, Miami, FL; Ken Hyle, Attorney/Advisor. SERO ° ~ 3 ~1 CEO Litigation Report May 1, 1995 Page 5 I:.. COOPER v. ROBERT J. STIGLER c: • NORTHERN DISTRICT OF FLORIDA Docket No.: 95-000 Institution: FCI, Marianna Type of Case: Other. inmate sues Inmate Subject RELIGION, .WORK Facts Alleged: MNA inmate In 1995 sues other inmate for applying undue Influence upon UNICOR foreman. for religious slander. for negligently performing his work In UNICOR. and for creating an unsafe working environment. BOP will not take an active role In this case. Damages Req: $200.000; Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd in Legal: April 27. 1995; Due: ·1995 Assigned .to: P. Michael Patterson; U.S. Attorney. Tallahassee. FL; Sterling Dawson. Paralegal Specialist. FCI. Marianna ~~~~~~~~~~~~~~~~~~~ 21. KENNETH W. BARFIELD v. ARNETTE FLOWERS Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 95-40038-MMP Institution: FCI, Tallahassee Type of Case: HABEAS CORPUS .. WUbject PAROLE TRANSFERS, ACCESS TO COURTS ( acts Alleged: TAL Inmate In 1995 alleges that access to the '- Parole Commission and the courts has been denied because of transfers. Parole hearing was delayed because BOP staff had not prepared necessary documents. Damages Req: 0; Special Monitoring: O. Not assigned to special monitoring; SERO: Regional office staff are not alleged to be Involved In this case. Rec'd In Legal: April 27. 1995; Due: ·1995 Assigned to: P. Michael Patterson; U.S. Attorney, Tallahassee. Fl; Dan Rouse. Paralegal Specialist. FCI, Tallahassee 3042 Significant Activity on Existing Cases JOHN DAWSON v. ROGER SCOTT Court: NORTHERN DISTRICT OF ALABAMA Docket No.: CV-92-AR-1168-E; Type of Case: Habeas Corpus; Damages Req: 0 Subject SENTENCING, COMMUNITY TREATMENT CENTERS Institution: Fel, Talladega Facts Alleged: Inmate at TOG alleges that he has been denied credit to his sentence for the time spent In the half-way house and safe house, may have been In state custody at the time. Spec/al Monitoring: 0, Not assigned to special monitoring Date Case Filed: 5-20-1992 Significant Activity: 04-06-1995 Eleventh Circuit affirms district court dismissal. The inmate is not entitled to jaU ~edit~rtimespe~~aha"~yhou~msa~hou~ua condition of bond before sentencing or after sentencing prior to surrender to the custody of the Attorney General. The BOP's Interpretation of 18 U.S.C. 3585 Is entitled to Judicial deference. The fact that the conditions of confinement for pre and post sentence prisoners In half-way houses are identical does not create an equal protection violation. They are not similarly situated because their residence serves a fundamentally and functionally different purpose. The presentence detainee Is there to protect the public and assure his presence at trial and sentencing. The post-sentence Inmate Is there for transitional and rehabilitative purposes. Page 6 CEO Litigation Report May 1, 1995 ( - • VID LUCKIE COCHRAN v. KATHLEEN HAWK, et al urt: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV294-46; Type of Case: Personal Liability Action (Bivens); Damages Req: $1039.00 Subject: WORK, ADMINISTRATIVE DETENTION Institution: FCI, Jesup Facts Alleged: Inmate at JES In 1994 alleges that he was subjected to continual harassment at his job which resulted in his health deteriorating. Special Monitoring: O. Not assigned to special monitoring Date Case Filed: 11-01-1993 Significant Activity: 03.Q8-1995 Magistrate's report recommends dismissal. 03-30-1995 Order grants summary judgement, dismisses case. As to the telephone Issue, the claim Is factually baseless and moot. To the extent that the inmate has stated a factual claim, the defendants are protected from damages by qualified Immunity because the inmate failed to carry his burden of establishing violation of clearly established law. The Inmate's factual averments concerning medical care do not rise to the level of a constitutional deprivation. The allegations concerning his psychological care are conclusory at best. Additionally, here as well, the defendants would be entitled to qualified Immunity. ( .. ~DIMIR COllAZO-LEON -,,- v. BUREAU OF PRISONS, Court: DISTRICT OF PUERTO RICO Docket No.: 94-1616CC; Type of Case: Habeas Corpus; Damages Req: 0 Subject: PRETRIAL DETAINEES, ADMINISTRATIVE DETENTION, INMATE DISCIPLINE Institution: MOe, 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 prlvOeges were withdrawn because he was In segregation. Special Monhoring: 0, Not assigned to special monitoring Date Case Flied: 05-03-1994 Signiflcant Activity: Magistrate's report finds procedural due process was afforded. recommends dismissal. District court decides that discipline of pretrial detainee for attempted escape Is punishment prohibited by the Fifth Amendment Appeal by Bureau of Prisons to First Circuit. 94-2061. 04'()7·1995 Circuit court decides pretrial prisoners can be disciplined for violations of Institution rules. The circuit court finds the district court's conclusion to the contrary, "curious". 304 ELDER JAMES GARRElT-EL v. VIC LOY Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: CV 294-127; Type of Case: Habeas Corpus; Damages Req: 0 Subject: TRANSFERS, DISCRIMINATION Institution: FCI, Jesup Facts Alleged: Inmate at JES in 1994 alleges he was refused . a transfer as a result of discrimination. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 08-26-1994 SlgnHicant Activity: 04..()6-1995 Dismissed without prejudice. 03-09-1995 Magistrate's report recommends dismissal for failure to exhaust administrative remedies. EWS LORENZO MILLS v. E. RISCHI Court: SOUTHERN DISTRICT OF GEORGIA Docket No.: 294-115; Type of Case: Personal Uabllity (Bivens) and Tort Action; Damages Req: 0 Subject: MEDICAL TREATMENT Institution: FCI, Jesup Facts Alleged: JES Inmate in 1994 believes he has syphlllls and not received the results from the btood test or any treatment for his condition. Special Monitoring: IC7, Publicity I Impact on staff morale. Medical Malpractice Date Case Filed: 08-16-1994 Significant Activity: 04-06-1995 Order grants summary Judgment, dismisses case. 03-08-1995 Magistrate's report recommends granting of the government's unopposed motion for summary judgement felr failure to exhaust administrative remedies regarding the Injunctive relief claim. Additionally, the Injunctive claim is moot because the Inmate has been transferred to another Institution. Finally. a difference of opinion as to the proper course of medical treatment Is not grounds for a constitutional violation. CEO Litigation Report May 1, 1995 Page 7 r "ILLIAMoT. IRWIN Y. CAROL PAVILACK GErrY, et al (' .oun: SOUTHERN DISTRICT OF GEORGIA " Docket No.: 293-18; Type of Case: Habeas Corpus; Damages Req: 0 Subject. PAROLE, SENTENCING Institution: FCI, Jesup Facts Alleged: Inmate at JES In 1992 alleges that he should have been paroled and the BOP knowingly withheld that Information. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 01-12-1993 Significant Activity: 03-23-1995 Circuit affirms. Appeal to Eleventh Circuit, 93-9453. 10-21-1993 Order adopts magistrate's report, dismisses case. 06-11-1993 The magistrate's report recommends dismissal. Because this case challenges the Imposition of a sentence, this 28 U.S.C. 2241 action must be dismissed. This Issue can be litigated only in a 2255 action In the district where he was sentenced. He has failed to exhaust administrative remedies. He is not entitled to parole. GLORIA STEELE Y. UNITED STATES Court: NORTHERN DISTRICT OF FLORIDA Docket No.: 93-50331-LAC; Type of Case: Tort; Damages Req: $2,298.00 _.:SUbJect. PROPERTY Institution: Fel, Marianna acts Alleged: Inmate at MNA In 1994 alleges. that her ", .' rsonal property wa$lost because staff refused to accept the parcel without a retum address. Special Monitoring: 0, Not assigned to special monitoring Date Case Filed: 03-08-1994 SignUicant Activity: 04-18-1995 Order adopts magistrate's report, grants summary Judgment, dismisses case. The magistrate's report recommends dismissal. It was not negligence under Aorlda law for prison officials to refuse to accept a mall package for an Inmate when the Inmate had not secured an appropriate' package authorization. Additionally, 28 U.S.C. 2680(c), a FTCA exemption concerning property detained by law enforcement officials, may deprive the court of jurisdiction of this case. e 3044