Fbop Ser Monthly Reports 2000jan-sep

• Topics: Court Access, BOP Litigation Reports

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UNITED STATES GOVERNMENT

memorandum
February 5, 2000

Date:

Attn of:

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

Subject:

Monthly Report - January 2000

Reply to

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000

(

'~nding on

....

111

JAN

FEB

161

141

:..ec'd in month

Recons. rec'd

Ans'd in month

Pending at end

148

Over 180 days

MAR

APR

MAY

JUN

JUL

AUG

SEP

ocr

NOV

B. Tort Claim Investigation Status: As or January 31, 2000
An

COL

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PENDING

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DAYS

3639

DEC

SER Monthly Report - January, 2000
Page 2

C. FOIIPrivacy Act Requests - 1000

JAN

FEB

Pending on 1st

Rec'd in month

Ans'd in month

Pending at end

Over 30 days

MAR

APR

MAY

JUN

JUL

AUG

MIA

MIM

MNA

SEP

OCT

NOV

DEC

D. FOIA Requests for records: As of January 31, 1000
ATL

PENDING

c. .

COL

EaL

EST

QUA

JES

MON

PEN

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>30 DAYS

E ADMINISTRATIVE REMEDIES
JAN

FEB

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APR

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JUN

JUL

210

3640

AUG

SEP

OCT

NOV

DEC

•

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SER Monthly Report - January, 2000
Page 3

II. LITIGATION ACfIVITY - 2000 SOUTHEAST REGION
A. SUMMARY REPORT

JAN
Cases Open
New Cases

(

MAR

APR

JUN

MAY

JUL

AUG

SEP

OCT

NOV

DEC

227
12

Habeas Corpus

rTCA

Bivens

Other

Bivens/FTCA

Lit Reports

1ses Closed

FEB

.....
I

B. SETI'LEMENTS AND AWARDS:
Settlement Authority Approved

Clifford Lewin v. Dr. DiSanto et al., 1:97-CV-48-RWS . . Settl~mentamoulliS4S',600:on 1118/9~

c. SIGNIFICANT CASES. TRIALS or HEARINGS:
New Cases:

Zack McCain, Jr. v. Kathleen Hawk Sawyer, et. al. 2:99-3602-12AJ. The plaintiff is suing the Director,
the Warden at Fel, Edgefield and the Regional Director of the Southeast Region over the Zimmer
t

Amendment.

3641

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SER Monthly Report - January, 2000
Page 4

D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

Motions in Criminal Cases:

III. TRAVEL SCHEDULE FOR November 1999:

c. .
TravelTravel-

IV. Misc.:

(

3642

UNITED STATES GOVERNMENT

memorandum
March 3, 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - February 2000
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D:C. 20534

To:

L ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Tort Claims - 2000
JAN

FEB

MAR

Pending on lit

161

141

125

Rec'd in month

Recons. rec'd

Ans'd in month

Pending at end

148

121

Over 180 days

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

B. Tort Claim Investigation Status: As of February 29, 2000

All.

COL

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DAYS

4657

DEC

SER Monthly Report .. February, 2000
Page 2

c. FOJIPrivacy Act Requests .. 2000
JAN

FEB

MAR

Pending on ll1t

Rec'd in month

Ans'd in month

Pending at end

OVer 30 days

APR

MAY

JUN

JUL

AUG

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OCT

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NOV

*
D. FOIA Requests for records: As of February 29, 2000
ATL

PENDING

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JES

MIA

>30 DAYS

4658

MON

PEN

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1DG

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BOG

SER Monthly Report - February, 2000
Page 3

n LmGATION ACTIVITY - 20'00 SOUTHEAST REGION
A. SUMMARY REPORT

FEB

JAN

Cases Open

MAR

227

234

Habeas Corpus

FTCA

Bivens

Other

Bivens/FTCA

Lit Reports

New Cases

Cases Closed

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

238

B. SETILEMENTS AND AWARDS:
Settlement Authority Approved
Clifford Lewin v. Dr. DiSanto et al., 1:97-CV-48-RWS - SettlementamoUJit' $45,00000 1/18/99

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

New Cases:

Alicea Torres v. United States, 99-1805 (pG): FTCA case in which the plaintiffcontends that while playing
basketball at the recreation yard at the MOC, he executed an evasive maneuver and slipped and fell in a
slippery substance that was on the floor of the basketball court. Plaintiff contends that he was not warned of
the dangerous conditions of the floor and that there were no staffmembers present to ensure that the floor was
not slippery. Plaintiff contends that, upon falling, he received a hard blow to his head and lost consciousness.
Plaintiff contends that the injuries he sustained were proximately caused by the negligence of MDC staff in
failing to adequately inspect and supervise the basketball court while plaintiff was playing and after inmates
used the court. Plaintiff contends that MDC had a duty to maintain the basketball court free of slippery
substance.

4659

SER Monthly Report - February, 2000
Page 4

The Deposition of the plaintiff was taken. During the deposition, the plaintiff added to his claim that the dust
that accumulated on the floor created the slippery condition that caused him to slip and fall. A settlement
conference was scheduled. During the settlement conference, we infonned the judge ofour decision not to make
an offer for settlement based on the kind of case and the lack ofevidence of government negligence. The judge
set the case for trial 4 days after the settlement conference. At trial, the plaintiff failed to prove that the .
conditions of the floor in the recreation yard were dangerous and that the staffknew of the allegedly dangerous
condition. Moreover, the plaintiff testified that he knew of the slippery floor and still decided to play and not
report the fact to the MDC Staff. We presented the testimony of two staff members who testified about the
condi~ons of the floor and their lack of knowledge as to their slipperiness. The court ruled in our favor.
Corrective measures will be taken to repaint the recreation yards with a sandy paint that will create traction
and avoid slipperiness.
Pedro De Jesus Mateo. et al. v. MDC Guaynabo, 99-2271 (SEC): Plaintiffs in this case have brought a
lawsuit against MDC Guaynabo based on conditions of confinement. Essentially, plaintiffs allege that there
is not enough food in the housing units for all imnates and some inmates ar~ left without food; inmates are
subjected to retaliation; that inmates have been assaulted for claiming their rights and frightened by having been
placed in the S.H.U. (Special Housing Unit) and that mail alluding to their allegations is destroyed by prison
personnel. A litigation report was prepared by Van Vandivier. We filed an answer to the inmates' complaint.
An evidentiary hearing was scheduled for February 29. During the evidentiary hearing, the inmates raised a
large number of new allegations and expanded on the allegations already made in the complaint. The hearing
lasted about 3.5 hours and only the testimony of the three plaintiffs was taken. The hearing was continued for
March 9, 2000, at which time the Govenunent will present our evidence, by way of a second answer to the
plaintiffs' allegations and witnesses on the day of the hearing.
Domingo Santana Rosa v. United States. et al~ FTCAlBivens lawsuit in which the plaintiff contendS that he
was assaulted by another inmate as a result of government negligence. The plaintiff contends that the inmate
who assaulted him was a trust agent of the government (unit orderly) and as a result the government is
responsible for that inmate's assault on the plaintiff. Prepared litigation report detailing defenses to this lawsuit,
especially, the plaintiff's failure to meet the statute of limitations applicable to both Bivens and FTCA lawsuits.
Motion to dismiss the plaintiff's complaint was filed.
Jesus Miranda Gonzalez v. J.L. GarCia, 98-2187 (pG): Petitioner sought expungement of an incident report
for use of intoxicants. The -petitioner alleges that the date on the first incident report was altered to conform
to 28 C.F .R. § 541.11, which requires that an incident report be delivered to the inmate within twenty-four
hours after staffbecame aware ofthe incident. The incident report indicated that the incident occurred on June
24, 1996, but was dated July 4, 1996. The incident report was delivered to the petitioner on July 4, 1996, days
after the incident giving rise to the incident report had occurred. The disciplinary hearing was conducted on
July 10, 1996 and the first incident report was expunged. The petitioner contends that on July 15, 1996, a
second incident report identical to the first one was served upon him, explaining that the toxicology test results
could not have produced a false positive by the medications prescribed to petitioner. The petitioner contends
that the first incident report was delivered untimely and that dates were altered to conform with the policy
requirement that the incident report be served within 24 hours. Thereby, the petitioner alleges that his rights
protected under the due process clause and his right to a speedy trial were violated. "The petitioner also
contends that the second incident report affects his custody level and community release. The petitioner
contends that the "prosecution" of the second incident report violated the Fifth Amendment protection against
double jeopardy or having criminal trials twice for a defendant for the same offense.

4660

SER Monthly Report - February, 2000
Page 5

The Honorable J .A. Castellanos, Magistrate Judge, issued a Report and Recommendation recommending that
the petition be dismissed as there were no due process violations. No objections were received from the
petitioner.
D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

On February 10, 2000, an interview was conducted
SIS Office at the
..
inmate and .
concerning plans to commit criminal activity
in th~,
against the
..
and threats against staff.
"
Also~ stated that the brother of
involved with distributing
fraudulent docurnen~, (i.e., drivers license,
secunty numbers, birth certificates, etc) and these documents \.
were supposed to be supplied t o " and two accomplices. nus infonnation, inclu~g notes by ~ \ ) .
was provided to the FBI. This case was accepted for prosecution by the FBI on February 11, 2000.

C"v

fonnerly an inMate at FPC Pensacola is being tried along with an employee ofthe National Park
Service for allegedly selling telephone time and other unauthorized activities to other inmates assigned to the
work detail at GulflsIands National Seashore: Stafffrom FPC Pensacola have received supoenas to appear
in court and testify as to the information gathered and rules and regulations of the institution. The trial is
scheduled for March 6, 2000 at the federal court house in Pensacola.
Motions in Criminal Cases:

m. TRAVEL SCHEDULE FOR March. 2000
Travel - 3/05/00 - 03/06/00
3/13100 - 03115100
3119100 - 03/24/00

Savannah, GA
Jackson, MS
St. Ptrsbrg, FL

Travel - 3/13/00 - 03115/00

lackson,MS

4661

~_...

,
.. /
r

UNITED STATES GOVERNMENT

memorandum

\"\(,~\
April 5, 2000

Date:

Reply to
Attn of:

Sherree L. Sturgis, Regional Counsel, SOutheast' Regio~
Federal Bureau of Prisons, Atlanta, GA 30331

Subject:

Monthly Report - March 2000
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

(

A Administrative Tort Claims - 2000
FEB
MAR
JAN

APR

• '\~nding on I

151

\., , ..

161

141

125

Recons. rec'd

Ans'd in month

Pending at end

148

121

143

Over 180 days

~'d

in month

JUN

MAY

JUL

AUG

SEP

OCT

NOV

B. Tort Claim Investigation Status: As or Marcb 31, 2000
ATL

COL

E
S

G
U
A

D
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MIM

MNA

MON

PEN

TAL

TOO

YAZ

PENDING

>60

DAYS

3696

DEC

(

SER Monthly Report - March, 2000
Page 2

c. FOlIPrivacy Act Requests - 2000
JAN

FEB

MAR

APR

Pending on 1 st

Rec'd in month

Ans'd in month

Pending at end

Over 30 days

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

;

•
D. FOIA Requests for records: As of Marcb 31, 2000

PENDING

ATL

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

MON
0

PEN

TAL

>30 DAYS

E ADMINISTRATIVE REMEDIES

JAN

FEB

MAR

210

196

211

APR

MAY

JUN

JUL

(

3697

AUG

SEP

OCT

NOV

DEC

TOG

VAl

EOO

C".

SER Monthly Report - March, 2000
.
Page 3
II. LITIGATION ACTIVITY -1000 SOUTHEAST REGION
A. SUMMARY REPORT

MAR

FEB

JAN

APR

227

234

238

Habeas Corpus

FTCA

Bivens

Other

Bivens/FTCA

Lit Reports

Cases Open
New Cases

Cases Closed

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

236

B. SETILEMENTS AND AWARDS:
Settlement Authority Approved
Yawn v. Reno. FGAS, CV299-153 - Title VII sexual harassment case from JES. S300K authority
approved. Mediation on 3-6 was unsuccessful.
Williams Administrative claim - YAZ hunger striker died after he was force fed.¥~~onoD3~1~·
resulle(i in· 8ll,agreement (subject to all appropriate approvals) to settle for $60~_pIUs 'mediat6r
f _ 'Awaiting approval.
C. SIGNIFICANT CASES, TRIALS or HEARINGS:
The 11 th Circuit has denied our motion for a rehearing in Kilpatrick v. Houston. (2 point
enhancement DAP early release case) While the Court has stayed all further appeals and has not yet
issued the mandate, after consulting with the Department, we are seeking approval of an OM
recognizing that Kilpatrick is the established law in the 11 th Circuit.
Jeff Dorsey et ale v. Thomas Keohane et al., 98-CV-0919-R WS, three inmates allege that they were
assaulted, placed in four point restraints, and forced to remain there in violation of BOP policy and
their constitutional rights. At this time the only plaintiff that remains is Lealon Muldrow #89827071. Motion To Dismiss Based Upon Qualified Immunity was denied on March 7, 2000, for several
defendants. Motion for Reconsideration filed with the court on March 23, 2000.
(.,.

Jerry Lewis v. United States and BOP, 98-CV-2168-CC, inmate filed complaint entitled "Federal
Question Jurisdiction and/or Writ of Error Coram Nobis". The complaint is filed to prevent the BOP

3698

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SER Monthly Report - March, 2000
Page 4
from collecting payments from him under the IFRP. Inmate also claims that the court is without
authority to delegate its authority to determine a scheduling of payments to the BOP and may not
allow the BOP to assume the authority to determine a schedule of payments. Motion To Dismiss
was granted on January 20, 2000.
New Cases:
Pedro De Jesus Mateo. et al. v. MDC Guaynabo, FPR, 99-2271 (SEC): Plaintiffs in this case have
brought a lawsuit against MDC Guaynabo based on conditions of confinement. Essentially,
plaintiffs allege that there is not enough food in the housing units for all inmates and some inmates
are left without food; inmates are subjected to retaliation; that inmates have been assaulted for
claiming their rights and frightened by having been placed in the S.H.U. (Special Housing Unit) and
that mail alluding to their allegations is destroyed by prison personnel. We filed an answer to the
inmates' complaint. An evidentiary hearing took place on February 29, during which the inmates
raised a large number of new allegations and expanded on the allegations already made in the
complaint. The hearing lasted about 3.5 hours and ·only the testimony of the three plaintiffs was
taken. The hearing was continued for March 9, 2000. The plaintiffs were given until March 30,
2000 to respond to our renewed motion to dismiss.

(

Domingo Santana Rosa v. United States. et aI, FPR, : FTCAJBivens lawsuit in which the plaintiff
contends that he was assaulted by another inmate as a result of government negligence. The plaintiff
contends that the inmate who assaulted him was a trust agent of the government (unit orderly) and
as a result the government is responsible for that inmate's assault on the plaintiff. There was an
initial scheduling conference at which the plaintiffs counsel failed to appear. The Court dismissed
the case based on the plaintiffs failure to prosecute the case.
Government of the Virgin Islands and USA v. Caswell Fredericks, USVI, Crim. No. 92-52 and 98132. Defendant filed a motion for rule to show cause as to why the government of the Virgin Islands
and the United States Government has failed to comply with order. There was a Government
recommendation for this inmate to obtain programs while incarcerated. Essentially, the govemment
of the VI had not provided the Bureau of Prisons with a sentence computation for Fredericks' VI
sentence and as a result, the BOP was not able to designate Fredericks to a federal institution. The
research conducted in this matter revealed that this is a

(
'.

3699

SER Monthly Report - March, 2000
PageS
U.S. v. Bridgette Bradford, FPR: Inmate assaulted a staff member (Warden Garcia) with a pool ball
inside a sock. Bridgette Bradford was brought to Puerto Rico for trial scheduled for March 28, 2000.
Instead, the inmate pled guilty to assault on a federal officer. The sentencing hearing has been
scheduled for April 4, 2000.
United States v. Algarin, District of Puerto Rico, 98-195 (HL) On September 18, 1998, the Grand
Jury returned an indictment against Staff member Rafael Algarin de Jesus charging him with one
count, for having sexual contact with an inmate. Rafael Algarin was found guilty as charged. On
June 30, 1999, the Court held the sentencing hearing offormer officer who was convicted of having
sexual contact with an inmate. On March 8, 2000, oral arguments on this defendant's appeal of his
conviction were heard. As of this date, the court has issued no ruling on the appeal.
Robinson v Scott, FGAN 1:99-CV-1780
Plaintiff alleges defendants were aware that information in his file is inaccurate and had a duty to
correct the information but did not. He asserts the defendants knew the infonnation was false and
even when he requested that they correct it, they refused. He states he sues the defendants in their
individual and official capacity. He seeks damages from the BOP and U.S. Probation Office as well
as the defendants as individuals. He requests that liens be placed against the assets of the defendants
until the court 4ecides what damages should issue.

c. .

Andre J. Twitty v. M. E. Ray, FSC, 4:00-0421-23BF. This is a Bivens lawsuit against the Warden,
M. E. Ray. The Plaintiff alleges the Defendant violated his first amendment right when he kept the
inmate from receiving mail for a period of time. The Plaintiff also alleges that his eighth amendment
right was violated when the Warden ordered the Plaintiff placed in four point restraints.

Zack McCain, Jr. v. Kathleen Hawk Sawyer, et. al., FSC, 2:99-3602-12AJ. The Plaintiff is suing
the Director, the Warden and the Regional Director of the Southeast Region over the Zimmer
Amendment. The United States Attorneys' Office has been served and the litigation report is due
March 8, 2000.
D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None

F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

USv.EmmettKnightlRichardWeber,NorthernDistrictofFlorida,FFLN,3:99crl15ILAC-Richard
Weber, formerly an inmate at FPC Pensacola was charged along with an employee of the National
Park Service for allegedly selling telephone time .and other unauthorized activities to other inmates
assigned to the work detail at Gulf Islands National Seashore. The park employee was acquitted of
the charges. The inmate entered a plea to a lesser charge of Bribery of a Public Official. Sentencing
is scheduled for May 23,2000. He has the potential for an additional 24 month sentence.

3700

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SER Monthly Report - March, 2000
Page 6
U.S. v. Battle, NDGA, I :95-CR-528: Writ of Certiorari denied on March 20, 2000. Warden &
SERO were notified.
III. TRAVEL SCHEDULE FOR MARCH 2000

Travel - 3/05/00 - 03/06/00
3/13/00 - 03/15/00
3/19/00 - 03124/00
3/27/00 - 03/30/00

Savannah, GA
Jackson, MS
SI. Ptrsbrg, FL
Jesup, FL

Travel - 3/13/00 - 03/15/00 Jackson, MS

Travel-

(

Travel-

TravelIV. Misc.:

(

3701

UNITED STATES GOVERNMENT

memorandum
May 5, 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - April 2000
Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
JAN

FEB

MAR

APR

161

141

125

151

.. Ree'd in month

Reeons. ree'd

Ans'd in month

Pending at end

148

121

143

141

Over 180 days

Pending on 1It

MAY

JUN

JUL

AUG

SEP

OCT

NOV

B. Tort Claim Investigation Status: As of March 31, 2000
ATL

COL

ED
G

E E
G S
L T

U
A

J
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MI
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MIM

MNA

MON

PEN

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TOO

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PENDING

>60
DAYS

4643

DEC

SER Monthly Report - April, 2000
Page 2

c. FOIlPrivacy Act Requests - 2000
JAN

FEB

MAR

APR

MAY

Rec'd in month

Ans'd in month

Pending at end

Pending on

lilt

OVer 30 days

JUN

JUL

AUG

MIM

MNA

SEP

OCT

DEC

NOV

D. FOIA Requests for records: As of April 30, 2000

ATL
PENDING

COL

EGL

EST

GUA

JES

MIA

MON
2

PEN

TAL

TOG

YAZ

>30 DAYS

E. ADMINISTRATIVE REMEDIES
.I

JAN

FEB

MAR

APR

210

196

211

196

MAY

JUN

JUL

4644

AUG

SEP

OCT

NOV

DEC

EDG

SER Monthly Report - April, 2000
Page 3
II. LITIGATION ACTIVITY - 2000 SOUTHEAST REGION
A. SUMMARY REPORT
JAN

Cases Open

FEB

MAR

APR

227

234

238

236

Habeas Corpus

FTCA

Bivens

Other

Bivens/FTCA

Lit Reports

New Cases

Cases Closed

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

249

B. SETTLEMENTS AND AWARDS:
Settlement Authority Approved
Williams Administrative claim - YAZ hunger striker died after he was force fed. Mediation on 3-14 "
:resulted in an agreement to settle for $60,000 plus mediator fees. Approval granted 4/26/00.
'

c. SIGNIFICANT CASES; TRIALS or HEARINGS:
Luz M. Gonzalez Jimeniz et a1. V. U.S.A., CV #00-1210 (JP) (District of Puerto Rico). Plaintiffs
allege in this FTCA case that while incarcerated at FCC Coleman, the decedent was denied treatment
and placed in administrative detention for requesting medical care. In addition, plaintiffs allege the
decedent's family received incorrect infonnation from staff at FCC Coleman, who told them the
decedent did not want to visit with them. Plaintiffs further alleged that at FMC Fort Worth, only the
decedent's wife was permitted to visit with him and his children were denied a visit. Finally,
plaintiffs allege decedent was not cared for properly by FMC Fort Worth medical staff. They assert
the decedent was forced to lay in his own waste and urine. Plaintiffs claim he suffered greatly and
died because ofa lack of medical care from the BOP. This FTCA case is on behalf of the decedent's
widow and children and seeks $30,000,000 in damages. The first responsive pleading is currently
being prepared in an attempt to have jurisdiction of this case removed to the Middle District of
Florida. Case was filed in Puerto Rico due to the domicile of the plaintiffs.
New Cases:
Bennudez v. Wetzel, FFLS, 00-0971-CN-KING: The petitioner alleges that he has cancer and the
BOP is not giving him the needed treatment or a liver transplant. He asserts that without the specific

4645

SER Monthly Report - April, 2000
Page 4
or the transplant his health will decline rapidly and he will die. He want the court to order the BOP
to provide the treatment he seeks and a liver transplant.

4646

SER Monthly Report - April, 2000
PageS

D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
On November 7, 1997 inmate Bridgette Bradford, Reg. No. 86495-012 assaulted Warden Garcia
(MOC GUA) with a pool ball inside a sock. The inmate was bought to Puerto Rico for trial
scheduled for March 28,2000. Instead, the inmate pled guilty to assault on a federal officer. On
April 4, 2000 the inmate was sentenced to three years to run concurrently with her present sentence.
During this reporting period, FCI, EDG reported on six (6) case which were referred to the FBI and
U.S. Attorney's Office for prosecution regarding an inmate's alleged attempt to introduce a
controlled substance into FCI, EDG. Once specific case involved the attempted introduction ofthree
large packets containing marijuana and to pieces of a rock-like substance which tested positive for
cocaine. The inmate involved in this case was arraigned on Aprilll, 2000· and his pretrial is set for
May 25, 2000.
Infonnation from staff at Fe!, TOG reveals that on February 2, 2000 an irunate threw a television
at a staff member during a forced cell move. The staff member received serious injuries to his back
(spine). The case was referred for prosecution on February 20,2000 and the FBI indicates they.
anticipate the matter will go before the Grand Jury in the next couple of weeks. This· is the first
report of this incident.

ill. TRAVEL SCHEDULE FOR MAY 2000
Travel-

Travel-

4647

(

UNnEDSTATESGOVE~

memorandum
June 1, 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - May 2000

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACI'MTIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
JAN

FEB

MAR

APR

MAY

JUN

Pending on 1a

161

141

12S

lSI

147

ISS

Rec'd in month

3S .

Recons. rec'd

Ans'd in month

Pending at end

148

121

143

141

ISS

Over 180 days

JUL

AUG

SEP

ocr

NOV

B. Tort Claim Investigation Status: As of May 31, 1000
ATL

COL

ED
G

E
G

E
S
T

G
U
A

J
E
S

MIM

MNA

MON

PEN

TAL

TOG

YAZ

PENDING

3 4

>60

DAYS

4550

DEC

SER Monthly Report - May, 2000
Page 2

(

c. FOIIPrivacy Act Requests - 2000
JAN

FEB

MAR

APR

MAY

JON

Pending on 1 st

Rec'd in month

Ans'd in month

Pending at end

Over 30 days

JUL

AUG

MIM

MNA

SEP

OCT

NOV

DEC

D. FOIA Requests for reeGnls: As ofMsy 31, 2000

PENDlNG

ATL

COL

OOL

EST

GUA

JES

MIA

MON

PEN

TAL

TOO

>30 DAYS

E ADMINISTRATIVE REMEDIES
/

JAN

FEB

MAR

APR

. MAY

210

196

211

196

250

JUN

JUL

AUG

SEP

OCT

NOV

DEC

D. LmGATION AcrIVITY - 2000 SOUTHEAST REGION
A. SUMMARY REPORT

FEB

JAN

APR

MAR

MAY

JON

227

234

238

236

249

Habeas Corpus

FTCA

Bivens

Other

Bivens/FTCA

Lit Reports

Cases Closed

Cases Open
New Cases

B. SETILEMENTS AND AWARDS:

4551

254

JUL

AUG

SEP.

OCT

NOV

YAZ

DEC

EDG

(

SER Monthly Report - May, 2000
Page 3

Settlement Authority Approved

C. SIGNIFICANT CASES. TRIALS or HEARINGS:
Government of the Virgin Islands and USA v. Caswell Fredericks. Criminal No. 92-52 and 98-132
(District of Puerto Rico). This high security level Virgin Islands inmate has been designated to MDC,
Guaynabo. Staff report that in May, defense counsel filed a motion for an order to show cause

(
New Cases:
Jorge Rivera Gonzalez. et aI v. United States, Civil No. 00-1196 (DRD), MDC, Guaynabo: Plaintiff
and his wife bring an FTCA action for time he allegedly spent (approximately two month) in federal
custody in excess of the sentence imposed by the court. Plaintiff is alleging loss of wages, mental
anguish and pain and suffering and seeks $350,000.00 in damages ($175,000 for the past, present and
future pain and suffering of the plaintiff and $175,000 for his wife ' s).

4552

(

SER Monthly Report - May, 2000
Page 4
D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:

u.s. v. Emmett Knight/Richard Weber, 3:99crI15ILAC, NIFL - Richard Weber, formerly an inmate
at FPC Pensacola was tried along with an employee of the National Park Service for allegedly selling
telephone time and other unauthorized activities to other inmates assigned to the work detail at Gulf
Islands National Seashore. Staff from FPC, Pensacola were called to testify as to rules and
regulations of the facility. The park employee was acquitted of the charges. The inmate entered a
plea to a lesser charge of Bribery of a Public Official and was sentenced to a 12-month consecutive
term on May 23, 2000.
During this reporting period, FCC, Coleman reported on six (6) case which were referred to the FBI
and U.S. Attorney' s Office for prosecution regarding an inmate's alleged attempt to introduce a
controlled substance into the complex. Two of the six cases have been accepted for prosecution by
the FBI. One case involved the attempted introduction of27 packets of marijuana weighing 7.258g.

III. TRAVEL SCHEDULE FOR JUNE 2000
b6

(AttorneylParalegal Training) - Fort Worth, TX - 06/05/200006/0912000
Travel- RC/AGC Meeting - Washington, DC - 06/19/2000-06/23/2000
b6
Travel - Paralegal Work GrouplMSTC - Aurora, CO - 05/3012000-0610212000

- Glynco, GA - 06/05/2000-06/23/2000

(AttorneylParaiegai Training) - Fort Worth, TX - 06/05/200006/09/2000

4553

(

SER Monthly Report - May, 2000
PageS
Travel-ConferencelLegal (AttomeylParalegaI Training) - Fort Worth, TX - 06/05/200006/09/2000
Travel-Peer Reviews (LSl\4R.'s/FOIA) - Dallas, TX - 07/10/2000-07/13/2000
b6

Travel - Paralegal Training/MSTC - Aurora, CO - 06/05/2000-06/16/2000

IV. Misc.:

(
\

4554

UNITED STATF'" -

July 5, 2000

Date:

Reply to
Attn of:

Sherree L. Sturgis .. Regional Counsel. Southeast Region
.
_ .... ,,"''"' ,
Federal Bureau ofPriso

SUbject:

Monthly Report - June:

Christopher Erlewine. J
Federal Bureau ofPrisol1~
Washington, D.C. 20534

To:

tZt:' i-A-

eral Counsel

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
JAN

"l~R

161

141
40

Pending on III
~c'd in month
".'. :cons. rec'd
Ans'd in month
Pending ut end
(h'cr I NO days

35
0
73
148
25

()

74
121
25

MAl{
125
51
2
7N
14:l
13

APR

MAY

151
44
I

147
60

75
155
7

~()

141
23

B. Tort Claim Jnvesti~ati(tn Status: As CJr June JO,

An.

COl.

~fI

'J ()
0 0

()

AUG

JlJL

<)eT

SEll

NOV

DEC

167

2m..,

F.1l
Cj

JUN
155
51
:l
78
167
IN

~IIM

!\fNA

MON

YAZ

PEN

TAL

TOG

()

I.
I)E~f)fN(;

>60

1J
0

7
0

J<)
2

DAYS

c. FOlIPrh'acy Ad Requests - 2000

(

Pending on F'
Rec'd in mon th
s'd in month
nding at end

JAN
15

FEB
12

MAR

APR

34
35

33
30

33
38

39
38
17

20
39
34

MAY
25

JUN

3428

JUL
24

AUG

SEP

OCT

NOV

DEC

SER Monthly Report - June 2000
Page 2

(

lover 30 days

-Tll'O

(2) requests are awaiting ftCC,rds from archives. Ten-day eltension letten were sent to the requesten
the due date to July .4,2000

e~tendinR

D. FOIA Requests for records: As of June 30, 2000

PENDING

ATL

COL

EGL
I

EST

<il::\

JES

()

~II:\

MIM
0

MNA

M()N
()

PEN

TAL

IDG
I

>30 DAYS

E. ADMINISTRATIVE REMEDIES
FEB
MAR APR
MAY
JAN

210

196

211

250

llJN

llJI.

AUG

SEP

(leT

NOV

DEC

215

II. LITIGATION ACTIVITY - 2000 SOUTHEAST REGION
A. SUMMARY REPORT

(

.ses Open
.-4ew Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

'.,

JAN
227
12
7

FEB
234
13
12

8
3

0
0

3
1
0

16
5

12
9

0
7

MAR

238
10
6

15
12

APR
236
24
12

MAY
2~9

17
8
3

JUN

254
22
19

0
3

16
12

JUL
262

AUG

SEP

OCT

NOV

DEC

B. SETTLEMENTS AND AWARDS:
Settlement Authority Approved

C. SIGNIFICANT CASES, TRIALS or HEARINGS:
The Court in the Northern District of Alabama has been granting stays in cases dealing with the
two point enhancements. Declarations regarding the provisional eligibility granted under the
Operations Memorandum were sent and some Judges have sent out notices of their intent to
dismiss the action.

(
",

New Cases:

3429

YAZ

EOn
I

(

SER Monthly Report - June 2000
Page 3

D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES : None

(

3430

SER Monthly Report - June 2000
Page 4
F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
Update: On February 2, 2000 an inmate at FCI, Talladega threw a television at a staff member

during a forced cell move. The staff member received serious injuries to his back (spine). The
AUSA handling the case in the Northern District of Alabama had scheduled the matter to go
before the Grand Jury in June; however, he has since determined it will go the last week in July
as additional information was desired regarding restitution amounts.

Ill. TRAVEL SCHEDULE FOR JUNE 2000 .

TravelTravel-

Travel-

July 23 - 27, NABJA National Conference, Atlanta, GA

. Travel-

~aralegal
Travel July] 7 - 21, USP Atlanta Training Bldg., Supervisory Training
July 23 - 27, NABJA National Conference, Atlanta, GA
Travel-

legal
July 10- ) 3, Dallas. Texas - Peer Reviews (LSMR)

Paralegal Trainee
Travel July 23 - 27, NABJA National Conference, Atlanta, GA

IV. Misc.:

3431

UNITED STATES GOVERNMENT

memorandum
August 4, 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - July 2000

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

Ie ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
JAN
]6]
35
0
73
148
25

,l. Pending on 1

~c'd

in month
!cons. rec'd
.'\ns'd in month
Pending at end
Over 180 days

~.. '

FEB
]4]
40
0
74
121
25

MAR
]25
51
2
78
143
13

APR
]5]
44
I
80
141
23

JUN
155
5]
3
78
167
18

MAY
]47
60
1
75
155
7

JUL
167
38
1
82
166
18

AUG
166

SEP

NOV

OCT

DEC

B. Tort Claim Investigation Status: As of July 31, 2000

ATL

COL

ED
G

E
G

2
0

~tI

E
S

5
0

14
2

L
PENDING

>60
DAYS

40
4

8
0

~lIM

~SA

~O~

PE~

TAL

TOG

YAZ

12
3

8
3

8
2

16
5

C. FOl/Privacy Act Requests - 2000

Pending on l i t
Rec'd in month
Ans'd in month
"'~nding at end
er 30 days

JAN
15
34
35
12
0

FEB
12
33
30
16
0

MAR
16
39
38
17
0

APR
17
50
43
25
0

MAY
25
33
38
20
0

JUN
20
39
34
24
2*

3480

JUL
24
30
34
18
1*

AUG
18

SEP

OCT

NOV

DEC

(
",

SER Monthly Report - July 2000
Page 2
·One (I) request is awaiting records from
D. FOIA Requests for records: As of July 31, 2000
ATL
PENDING

>30 DAYS

COL

EGL

EST

(il'A

J1:5

\11:\

4
0

0
0

1
0

0
0

3
0

MAY
250

JUN

JUL

215

143

~I~I

~o:-.;

~~A

0
0

PEN

TAL

TOG

VAZ

2
0

0
0

E. ADMINISTRATIVE REMEDIES

JAN
210

FEB
196

APR
196

MAR
211

OCT

SEP

AUG

NOV

DEC

II. LITIGATION ACTIVITY - 2000 SOllTHEAST REGION
A. SUMMARY REPORT

FEB

JAN
Cases Open
New Cases
,Habeas Corpus

(-.. ' rCA
.vens

0ther
Bivens/FTCA
Lit Reports
Cases Closed

227
12
7
0
5
0
0

16
5

MAR

234
13
12
0

...
4

0
0
12
9

238
10
6'
0
3
1
0
15
12

APR
236
24
12
1
8
3
0
7
11

MAY

249
17
8
3
6
0
0
16
12

JUN
254
22
19
0
3
0
0
5

JUL
262
21
17
1
3
0
0
6
10

AUG

SEP

OCT

NOV

DEC

273

B. SETTLEMENTS AND AWARDS:
Settlement Authority Approved

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

(

Death Penalty Issue in Puerto Rico;
MDC, Guaynabo legal staff continues to infonn Central Office and Regional Office staff on the
latest developments in the death penalty cases/issue in Puerto Rico. Recently, a District Court
Judge issued an order ruling that the death penalty as it applies to Puerto Rico is unconstitutional
mainly because the Puerto Rico people do not have a right to vote in the States and do not have
any participation in the promulgation and passage of laws in Congress in the States. After this
decision, in a separate case, another District Judge ruled that Puerto Ricans do have a right to
vote in the presidential elections of the United States. The U.S. Department of Justice has been
given a week to respond to an order to show cause as to why a count of the number of electors
should not be started to prepare for the presidential elections. DOJ is appealing both de~isions.

3481

EOG

1
0

(

SER Monthly Report - July 2000
Page 3

New Cases :
United States V. Agront. et al (Vieques cases): 112 individuals were arrested in Vieques, Puerto
Rico for trespassing Navy Land. During the month of July, the legal department at MDe,
Guaynabo received many call from defense attorneys regarding the inmates in this group. MDe,
Guarynabo legal staff received many inquiries from defense attorneys regarding the inmate's
medical condition, legal visits and others. Legal staff at MDe, Guaynabo appraised the Warden
of he different developments and inquiries made by the Vieques attorneys during daily meetings.
United States v. Albert de Jesus Mercado: Defendant was one of the inmates arrested in Vieques"
Inmate Oe Jesus did not eat for several days. The inmate's physical condition had deteriorated to
the point that he had fallen and sustained a head injury. He was taken to the hospital where he .
received intravenous fluids, ate a meal and was returned to MDe, Guaynabo. Upon his return, iie ... ....
ate a meal and discontinued the hunger strike. However, prompt action by legal staff at MOe, "
Guaynabo was taken by contacting the the regional office and coordinating the paper work
necessary to file a mtion seeking an order to force feed the inmate in case it was necessary.

(

United States v. Manuel Antonio Diaz Rodriguez: Inmate belonging to the group arrested in
Vieques for trespassing Navy grounds and who refused to post bail for $1,000 because he did not
recognize the jurisdiction of the court. The inmate had serious high blood pressure problems to
the point that it was life threatening. Medical staff at MOe, Guaynabo met with the inmate on
several occasions to discuss his medical condition and the fact that he was not responsive to
medication. The inmate indicated that he wanted to meet with his attorney to discuss his medical
condition and his possibilities. After meeting with his attorney, he decided to stay in the
institution.
MOe, Guaynabo legal staff immediately met with the Warden to discuss the
inmate's condition with the executive staff. Medical staff referred the inmate to an outside
hospital for treatment of his high blood pressure. MDe, Guaynabo legal staff called the
Assistant U.S. Attorney's Office in the case and reported on the inmate's condition. Also, a
meeting was held with the Medical Officer and an extensive declaration, outlining the inmate's
condition and a chronology of the facts. was prepared.

D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None
F. PLRA 1915 DISMISSALS:

None

3482

tf)

(

SER Monthly Report - July 2000
Page 4
G. CRIMINAL CASES:
While conducting a routine random cell search, staff at FCC, Coleman - Medium, discovered
eight wrapped packages, each containing a green leafy substance. The packets were small in
size, approximately 1/8". Staff found the packages inside the wall outlet beside the desk in the
inmate's cell. The green leafy substance was tested and found to be positive for marijuana.

III. TRAVEL SCHEDULE FOR AUGUST 2000

Travel - FDC, Miami, Florida - August I 1,2000 - Re-engineering Meeting
USP, Atlanta - August 10, 2000 - Re-engineering Meeting

Travel -

Travel - Intro. To

Supervi~ion

- USP Atlanta Tmg. Bldg.-August 21-25,2000

Travel -Intro. To Supervision - USP Atlanta Tmg. Bldg. - August 21-25,2000

Travel - OGC (FOVPA), Washington , D.C - August 7-9, 2000

Travel IV. Misc.:

(

Legal Staff at MDC, Guaynabo assisted in a community relations program entitled "Too High a
Price". This program involved a group of 15 children and 4 adults who came to MDC, Guaynabo
from the Veterans Hospital to participate. The participants were taken to an empty unit for a tour
of the housing unit and were given a presentation by an inmate about his experiences in prison.
Legal Staff presented a video tape of life in prison and also talked with the children about the
criminal justice system, also arranged for the SIS office to give them a presentation about the

3483

(

SER Monthly Report - July 2000
PageS
types of weapons prepared by the inmates in prison and the types of crimes and bad acts the
inmates commit while in prison.

(
\

3484

UNITED STATES GOVERNMENT

c:-

memorandum
September 5. 2000

Date:

Reply to
Attn of:

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

Subject:

Monthly Report - August 2000
,

Christopher Erlewine. Assistant Director/General Counsel
Federal Bureau of Prisons
Washington. D.C. 20534

To:

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Tort Claims - 2000
JAN
161
35
0
73
148
25

Pending on 1
l.ec'd in month
(econs. rec'd
Ans'd in month
Pending at end
Over 180 days
st

FEB
141
40
0
74
121
25

MAR
125
51
2
78
143
13

APR
151
44

MAY
147
60

1
80
141
23

75
155
7

JUN
155
51
3
78
167
18

JUL
167
38
1
82
166
18

AUG
166
40
2
77
192
25

SEP
202

NOV

OCT

DEC

B. Tort Claim Investigation Status: As of August 31. lOOO
ATl.

COl.

GlI

E
S

12
0

2
0

12
0

7
0

T
PF.NDlNG

>60
DAYS

7
0

IS
4

MIM

MNA

MON

PEN

TAL

TOO

13
2

12
3

0
0

22
5

VAZ

c. FOIIPrivacy Act Requests - 2000

(

Pending
Rec'd in
Ans'd in
Pending
Over 30

on pI.
month
month
at end
days

JAN
15
34
35
12
0

FEB
12
33
30
16
0

MAR
16
39
38
17
0

APR
17
50
43
25
0

MAY

25
33
38

20
0

JUN
20
39
34
24
2*

3492

JUL
24
30
34
18
1*

AUG
18
40
37
24
4*

SEP

OCT

NOV

DEC

SER Monthly Report -August 2000
Page 2

*Four (4) requests are awaiting records from archives.
D. FOIA Requests for records: As of August 31. 1000

ATI.

EGI.

COL

PENDING

)

>30 DAYS

I
0

EST

GlJA

JES

MIA

MIM

MNA

)

4
0

1
0

3
0

MON
0
0

PEN

TAL

TOG

VAl

E[)(i

0
0

I
I

E. ADMINISTRATIVE REMEDIES
JAN
210

FEB
)96

MAR
211

APR

196

MAY
250

JUN
215

AUG
270

JUL

143

SEP

OCT

NOV

DEC

II. LITIGATION ACTIVITY ·1000 SOUTHEAST REGION
A. SUMMARY REPORT

JAN
Cases Open
.New Cases
.beas Corpus
·····.TCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

(

227
12
7
0
5
0
0
16
5

FEB

MAR

234
13
12
0
1

0
0
12
9

238
10
6
0
3
1
0
15
12

APR
236
24
12
1
8
3
0
7

MAY

249
17
8
3
6
0
0
16
12

JUN

JUL

254
22

19
0
3
0
0
5

AUG

262
21
17
1

...J

0
0
6
10

273
20
14
2
3
1
0
10
14

SEP

OCT

NOV

DEC

279

B. SETTLEMENTS AND AWARDS:
FOC MIM - Olga Martin and Fausto Martin.. her husband v. United States of America: Case No.:
99-2268-CIV -HIGHSMITH- Olga Matin .. a 66 year old Hispanic female was visiting an inmate
at the camp at FCl. Miami when she was injured as a result of a picnic table tipping over and
causing her to hit her neck on a neighboring table. The claim was for $100,000 to recover for the
alleged negligence of the government's failure to properly maintain the picnic tables. Her
husband, was named as a plaintiff. however.. he was dismissed from the suit for failure to exhaust
administrative remedies. He filed an administrative tort claim . which was denied prior to the
settlement conference. His claim was for loss of consortium in the amount of $100,000. This,
case was settled"for $80.. 00Q~ The amount included both the FTCA suit and Mr. Martin's
administrative claim.

(

C. SIGNIFICANT CASES, TRIALS or HEARINGS:

3493

(

SER Monthly Report -August 2000
Page 3
The District Court fo
whether the BOP sh
recently deemed eligi
not to waive or reduc

the Northern District of Alabama issued a favorable ruling on the issue of
uld excuse or reduce halfway house stays for those inmate who wer~
Ie after the Kilpatrick decision. The Court found the BOP's determination
the halfway house placement rationa1.

MDC GUA - United States v. Agront~ et al. (Vieques cases): Between 20 and 30 individuals are
still in custody for trespassing Navy land. During the month of August the legal department at
MDC GUA received many call from defense attorneys regarding the inmates in this group.
Moe GUA - United States v. Santiago-Santiago: Cr. No. 00-152 (PG): The Court ordered MOC
Guaynabo to disclose the test results performed on the defendant for sexually transmitted
diseases so that the AUSA could disclose results to the victim of rape.

New Cases:

.(
"

D. RELIGIOUS CASES:

None

E. ENSIGN AMENDMENT CASES: None

'F. PLRA 1915 DISMISSALS:

None

G. CRIMINAL CASES:
Fel. Edgefield - Cooke.. George .. Reg. No. 18383-077 - Special monitoring criminal referral case
in which an inmate has been the subject of an ongoing SIS investigation concerning narcotics
trafficking inside the institution and is believed to be a major player. Additional information
concerning this inmate movement of money utilizing sources outside of the institution via mail
and electronic transfers of money. The case has been accepted by United States Attorney's
Office for prosecution.
MDC GVA - United States v. Cruz: Criminal case against former correctional officer for
engaging in sexual acts with an inmate. The trail date has been set for October 4., 2000.

3494

UNITED STATES GOVERNMENT

memorandum
Date:

Reply to

October 4, 2000

Attn of:

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

Subject:

Monthly Report - September 2000

To:

Christopher Erlewine, Assistant Director/General Counsel
Federal Bureau of Prisons
Washington, D.C. 20534

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A Administrative Tort Claims - 2000
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

Pending on ]II

161

141

125

151

147

155

167

166

202

. Rec'd in month

Recons. rec'd

Ans'd in month

Pending at end

148

121

143

141

155

167

166

192

183

Over 180 days

·18

DEC

NOV

OCT

B. Tort Claim Investigation Status: As of September 30, 2000
ATL

COL

EOG

EGL

EST

GUA

JES

MIA

MIM

MNA

MON

PEN

TAL

IDG

YAZ

PENDING

>60

DAYS

4662

SER Monthly Report -September 2000
Page 2
C. FOIIPrivacy Act Requests - 2000
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

Pending on 1 st

Rec'd in month

Ans'd in month

Pending at end

OVer 30 days

DEC

NOV

OCT

"'Three (3) requests are awaiting records from archives.
D. FOIA Requests for records: As of September 2000

An.

COL

EGL

EST

GUA

JES

MIA

MIM

MNA

PENDING

>30 DAYS

MON

PEN

TAL

E ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

210

196

211

196

250

215

143

270

205

4663

OCT

NOV

DEC

TOO

YAZ

EDG

SER Monthly Report -September 2000
Page 3

LITIGATION ACfIVITY - 2000 SOUTHEAST REGION

A. SUMMARY REPORT

JAN
Cases Open

MAY

JUN

JUL

AUG

SEP

OCT

234

238

236

249

254

262

273

279

Habeas Corpus

FTCA

Bivens

Other

Bivens/FTCA

Lit Reports

Cases Closed

APR

MAR

227

New Cases

FEB

6
10

NOV

DEC

287

B. SETTLEMENTS AND AWARDS:

C. SIGNIFICANT CASES, TRIALS or HEARINGS:
A wrongful death administrative claim has been filed on behalf of the Estate of Nathaniel Williams,
his minor children and Cheryl Williams as administrator. This claim involves allegations offailure to
exercise the degree of care and skill ordinarily employed by the medical profession in the medical
care rendered to Nathaniel Williams o~ October 10, 1998. Nathaniel Williams died on October 13,
1998 while in the custody of the United States Penitentiary in Atlanta, Georgia. Ms. Williams brings
a claim against the United States in the amount of$500,000 for Mr. Williams' wrongful death. Mrs.
Williams brings this claim individually and on behalf of the minor child, Nathaniel Williams, Jr. On
behalf of the Estate, Mrs. Williams brings a claim against the United States for Mr. Williams' pain and
suffering, emotional anguish, and post-mortem expenses in the amount of$I,500,000. The events
surrounding Mr. Williams death are currently pending completion of an after action report.
Domingo Santana Rosa v. United States: 99-1581 (GG): Plaintiff is suing the government under the
FTCA for injuries he sustained when another inmate assaulted him. Deposition of the plaintiff has
been rescheduled for October 19, 2000. Discovery has been extended until October 25, which is the
deadline for all dispositive motions in this case. The case is scheduled to go to trial on January 23,
2001.
Gonzalez v. United States: 00-1210 (JP): Wife and children of decedent, an inmate who died in
custody, filed a lawsuit under the FTC A alleging that medical malpractice and negligence of BOP

4664

SER Monthly Report "-September 2000
Page 4
staff in the delayed diagnosis of the decedent's cancerous condition caused his death. Also, the
plaintiffs contend the decedent complained about pain and that the medical staff failed to properly
care for him. The plaintiffs also contend that visits were denied on the last days of decedent's life.
The decedent had been transferred from:MDC Guaynabo to FCC Coleman, where he was transferred
to an outside hospital for treatment of his complaints. He was diagnosed with terminal cancer, was
transferred to FMC Fort Worth were he passed away. On August 24,2000 the Court ordered an
Initial Scheduling Conference Call ("ISC"). FCC Coleman, FC! :fort Worth, and MDC Guaynabo
staff provided information to the AUSA in order to prepare the government's memorandum. During
the ISC, the defense counsel added the theory of BOP negligence in following BOP policy and
procedures. Defense counsel indicated that a former BOP employee had given her information that
in this case BOP stafffailed to follow procedures. The Judge continued the ISC until November 16,
2000.
New Cases: None reported.
D. RELIGIOUS CASES:

None reported.

E. ENSIGN AMENDMENT CASES: None reported.
F. PLRA 1915 DISMISSALS:

None reported.

G. CRIMINAL CASES:

United States v. Cruz: Criminal case against former correctional officer for engaging in sexual acts
with an inmate. The trial date has been set for October 4, 2000. rvIDC, Guaynabo's legal staff
assisted the AUSA in preparing the witnesses who are employed at l\IDC Guaynabo. This assistance
involved reviewing records to ensure that all records needed had been provided; coordinated service
of the subpoenas on the defense witnesses; maintained executive staff, wi~esses, witnesses'
supervisors and Union President abreast of the dev~lopments in the case. Ensured that subpoenas
complied with CFR and submitted letter to AUSA regarding irrelevance of one of the testimonies
sought by the defense attorney.

m. TRAVEL SCHEDULE FOR AUGUST 2000
Travel- DO] training - October 23, 2000 - Washington, D.C.
OGe meeting - October 25-27, 2000 - Washington, D.C.

Attorney Interview Training - October 3, 2000 - Washington, D.C.

4665

SER Monthly Report -September 2000
Page 5

Program Review at USP, Fl orence, CO - October 16-20, 2000 - Florence, CO

Travel-

IV. Misc.:
United States v. Kouri: MDC Guaynabo 's Attorney Advisor, Medical Officer, and Acting Warden
a had a conference with Judge in his chambers regarding inmate Kouri's medical condition and the
court's concerns, in light of negative publicity, about MDC Guaynabo ' s alleged lack of care for this
inmate. Inmate Kouri is a high profile inmate as he was a prominent doctor who was the director of
the former AIDS institute in Puerto Rico. There was a lot of publicity surrounding this situation as
the inmate was taken to an outside hospital for medical care and upon his return to the institution (and
obtaining clearance from medical staff) had to be placed in SHU due to disciplinary infractions. The
inmate' s medical condition and current status were discussed with the Judge at the Court's request .

4666