UNITED STATES GOVERNMENT

memorandum
September 5, 2001

Date:
Reply to
Attn of:

Sherree L. Sturgis, Regional Counsel, Southeast Region
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Monthly Report - August 2001
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I.

ADMINISTRATIVE LEGAL ACTMTIES - SUMMARY REPORT
A.

Administrative Tort Claims - 2001
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

Pending on lSi

155

138

140

105

113

112

136

146

166

Rec'd in month

35

21

30

40

32

54

50

60

Recons. rec'd

4

2

1

0

1

3

1

3

Ans'd in month

62

38

50

61

64

55

42

45

Pending at end

138

140

105

113

112

136

146

162

Over 180 days

28

54

10

9

9

9*

17*

15·

* OIA Referrals-7

ocr

Pending Settlement, Settlement Authority, OQM and/or AFlP Referral-7

DEC

NOV

Pending Add. Info from Inst.-l

Tort Claim Investigation Status: As of August 1. 2001

B.

ATL

COL

EDG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

TOG

YAZ

SEQ

PENDING

69

7

5

2

3

12

9

17

1

4

3

3

9

3

6

15

>60
DAYS

18

0

0

0

2

1

3

11

0

1

2

1

0

0

0

7

,,'

4682

, SER Monthly Report -August 2001
Page 2

c.

FOJIPrivacy Act Reguests - 2001
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP
15

Pending on 1 ut

6

21

23

29

25

17

19

20

Rec'd in month

29

37

39

25

28

28

32

31

Ana' d in month

19

33

29

31

37

37

31

37

Pending at end

21

23

29

25

17

17

20

15

0

0

2

2

0

0

0

0

MNA

MON

Over 30 days

D.

DEC

NOV

FOIA Requests for records: As of September 2001
ATL

COL

EaL

EST

OUA

JES

MIA

PENDING

4

2

2

0

0

2

1

0

0

0

0

>30 DAYS

0

0

0

0

0

0

0

0

0

0

0

E.

OCT

MIM

PEN

TAL

TOO

YAZ

EOG

2

0

0

2

0

0

0

0

Administrative Remedies 2001

JAN

FEB

MAR

APR

MAY

ruN

JUL

AUG

133

136

211

178

272

182

ISS

221

\.

4683

SEP

OCT

NOV

DEC

,,' SER Monthly Report -August 2001
Page 3
II. LITIGATION ACTIVITY - 2001 SOUTHEAST REGION
A.

Summary Re.port
JAN

Cases Open

FEB

MAR

APR

MAY

JUN

JUL

AUG

310

212

213

222

231

236

217

234

12

11

19

20

19

20

30

25

Habeas Corpus

5

6

14

8

16

13

21

16

FTCA

0

0

0

1

0

1

2

2

Bivens

5

5

5

9

3

5

5

6

Other

2

0

0

2

0

1

2

1

Bivens/F'I'CA

0

0

0

0

0

0

0

0

Lit Reports

6

5

1

1

5

5

10

14

110

10

10

11

14

39

13

28

New Cases

Cases Closed

B.

Settlements and Awards: None reported

C.

Significant Cases. Trials. Hearings. Other:
1.

SEP

OCT

NOV

DEC

231

NEW CASES:

a.
Dale Robinson v Forbes, 99-CV-3376-JEC
BivenslFTCA Case. USP Atlanta. hnnate alleges staffwas indifferent to his medical condition and
assigned him strenuous labor giving him a heart attack. This case was closed December 18, 2000.
Case reopened July 25,2001. Lisa Cooper, AUSA.
h.
Andre Twitty v. Willie Scott. et aI., OI-CV-1538-TWT
Bivens Case. USP Atlanta. Plaintiff alleges that staff assaulted him. Plaintiff seeks $25,000,000.
AUSA has not yet been assigned.
c.
Idris Enlow v. U.S., 1-01-CV-2165
FTCA Case. USP Atlanta. Plaintiff alleges that USP Atlanta staff failed to protect him from an
assault. Plaintiff alleges that he was stabbed 16 times by another inmate. Plaintiff $2,000,000.
d.
James Kimball v. U.S., 5:01-CV-2570c-lO
FTCA Case. FCC Coleman. Plaintiff alleges that he is not receiving appropriate medical care and
treatment for a breathing and coughing problem, his back and neck injury, and ongoing dental
problems. Plaintiff sought a Temporary Restraining Order and Injunction, but both were denied.
Court has ordered Plaintiff to prove that he has exhausted available· administrative remedies.

4684

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SER Monthly Report -August 2001
Page 4
e.
Anthony Hunter v. Cathleen Hawkins. et a1. , 7:01-261 0-19BG
Bivens Case. FCr Estill. Plaintiff alleges that he has not received medical treatment for his skin
condition. Plaintiff seeks $1,000,000.
f.
Harold Wood v. U.S., 5:01-cv-222-RH
FTCA Case. FCr Marianna. Plaintiff alleges that he has not received appropriate medical treatment
for his seizure disorder. Plaintiff seeks $30,000,000.

,.
g.
Leslie Perez v. Kathleen Hawks Sawyer, 4:01-cv-268-SP
Bivens Case. Florida Department of Corrections. The Petitioner alleges he is presently being
illegally detained by the Florida Department of Corrections because of an agreement between the
FBOP and the State ofFlorida. The Petitioner also alleges discrimination by the FDOC because they
refuse to provide him the same benefits as a federal prisoner. .
h.
Hiram Martinez v. BOP et.. al Case No.01-CV-1929-KinglSorrentino
This is a 2241 habeas petition from FDC Miami. The Petitioner argues that the period during which
he was on appeal bond should be awarded as credit against the service of the six year term of
imprisonment imposed by Judge Moore. The Petitioner contends that this period ofrelease is similar
to parole and was served concurrent to his supervised release tenn, therefore, it is creditable towards
his first sentence.
1.

Note Received five Habeas Corpus Petitions from Fer Talladega concerning the
retroactive application ofnew regulations concerning Section 3621 (e) releases where
the inmates had an early expectation of release.

2.

HEARINGS: No Significant Hearings Reported

3.

TRIALS: None Reported

4.

OTHER

a.
Layland v. United States of America. 2:01-CV-0076-ST, District of Utah
Inmate attacking his conviction for ineffective assistance of counsel in District of Utah sought
recordings of conversations between him and his attorney maintained by the FCC Coleman srs
Office. Assistant United States Attorney defending .2255 action advised FCC Coleman the
recordings had to be provided to inmate pursuant to an order from federal'district court allowing
limited discovery. FCC Coleman Legal arranged for Layland to listen to recordings in the Captain's
Office because of the nature of Layland's offense of conViction (child pornography). Layland
declined and successfully motioned the Middle District of Florida to order the BOP to grant him
possession of tapes. After Layland was provided tapes, he detennined the sound quality was poor
and has threatened suit under the Freedom of Information Act.

4685

~
\

SER Monthly Report -August 2001

Page 5
5.

CLOSED CASES
a.

McCain v. Hawk-Sawyer (FCI Edgefield)
Civil Action Number 2:99-3602-12 (FSC)
Summary Judgement
August 21, 2001

b.

United States v. Norberto Morlaes (MDC,Guaynabo)
CR No. 99-185 (CCC)
Dismissed (Failure to Exhaust)
August 2, 2001

c.

Robert Muoio v USA,
ol-CV-1269-CC
Matter was moot/dismissed
August 23, 2001

d.

Ro~al

Allen v Bureau of Prisons,
99-CV-2946-WBH, Northern District of Ga.
Motion to dismiss granted
August 15,2001

e.

Michael Thomas v. R.
OO-PWG-0118-E
Writ Denied
August 4, 2001

f.

Stenhen James Moncour v. Warden R.
99-PWG-3228-E
Motion to Dismiss/Granted
August 29, 2001

g.

Theron J. Porter v. Warden R.
00-pt-0305-e
Motion to Dismiss/Granted
August 29, 2001

h.

J effre~ T. Miller v. R.D. Swoge2 et al.
5:01-cv-163-oc
Dismissed
August 2, 2001

«

t

~.

Wile~2

Warden

Wile~

Wile~

D.

RELIGIOUS CASES; None Reported

E.

ENSIGN AMENDMENT CASES: None reported.

./-

4686

SER Monthly Report -August 2001
Page 6

PLRA 1915 DISMISSALS:

F.

In

1.

Lee v. Holder
S:01-cv-164-0c-10GRJ (1vIDFL)
Imnate claimed his right to participate in Unicor was denied in violation of the United States
Constitution and filed this Bivens action. District Court dismissed suit under PLRA and has
ordered FCC Coleman to forward the $150 filing fee from the inmate's trust account.

2.

United States v. Amparo Concepcion
CRNo. 01-050 (DRD)
Habeas Corpus petition. The Court dismissed the petition based on the petitioner's failure
to exhaust administrative remedies.

CRIMINAL CASES:

During a pat search of the inmate on August 1, 2001, 17 balloons of brown leafy were found taped to the
leg of the inmate. The substance tested positive for marijuana.
j/

IV

TRA VEL SCHEDULE FOR JULY 2001

August 14-17,2001:
the National Advocacy Center in Columbia, South Carolina.

rtte1rlCle~C1

Prisoner Liti2ation Seminar at

August 13-16,2001" attended FOIA Conference at the Central Office.
August 20-24, 2001: _attended Advocacy Skills For Aeency Counsel at the National Advocacy
Center in Columbia, South Carolina.
V

MISCELLANEOUS:
United States vs. Cruz Mangual
98-194 (CCC)
On August 9, 2001, Jose Cruz Mangual, a former officer at MDC Guaynabo who pled guilty for having
unauthorized sexual contact with an inmate was sentenced to a prison term of three months. The Honorable
Cannen Vargas de Cerezo sentenced the defendant to a tenn of incarceration for three months.
United States v. Algarin
Fonner Correctional Officer was found guilty of having sexual contact with an inmate. The defendant was
sentenced to a term of imprisonment for four months and completed his time. Algarin has recently filed an
appeal as a pro se litigant contending ineffective assistance of counsel as his defense attorney did not request
certain documents that he understands were absolutely necessary for his defense. I provided the USAO
infonnation regarding the inmate's length and place of incarceration in order to respond to the defendant's
motion.

4681