Fbop Wxr Monthly Report 2002jan
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u.s. Department of Justice Federal Bureau of Prisons Dublin, California 94568 February 5, 2002 MEMORANDtJH FOR CBlUSTOPBER ERLEWD1E, ASSISTANT DIRECTOR/ GENERAL COUNSEL, GENERAL COUNSEL , REVl:EW FROM: Harlan W. Penn, Regional Counsel SUBJECT: Monthly Report for January 2002 LITIGATION NEW CASES Collier v. LeBlanc (SDC) Petition for Writ of Habeas Corpus claiming unlawful detention on account of allegedly improperly executed arrest warrant by u.s. Parole Commission. Also seeks order preventing transfer out of district during pendency of petition. Foster v. Hood (SHE) Petition for Writ of Habeas Corpus contesting discipline sanctions. Hunter v. Herrera (LOM) Petition for Writ of Habeas Corpus contesting DHO matter. Jiminez v. United States (LOM) FTCA/Bivens complaint alleging dental malpractice. McDavid v. Hood (SHE) Petition for Writ of Habeas Corpus contesting computation of good conduct time. Rhonemus v. Warden (LOM) Petition for Writ of Habeas Corpus contesting Inmate Financial Responsibility Program. Smith v. Jusino (SET) Petition for Writ of Habeas Corpus seeking credit for time spent during court order drug rehabilitation and CCC. Woods v. United States (LOM) FTCA complaint alleging medical malpractice resulting in loss of eyesight. 4412 Sl:GNIFl:CANT DEVELOPMBNTS/APPEALS \.. Boehner v. Hood RDAP cases reported dismissed in December 2001 report have been appealed to the Ninth Circuit. Motion to consolidate has been granted and case is captioned Boehner v. Hood, 02-35025, (lead case). Court imposed expedited briefing schedule with oral argument slated for April 8, 2002, in San Francisco. Carter v. United States (TRM) FTCA complaint alleging medical malpractice at FCI Terminal Island and MCC Chicago dismissed with prejudice for failure to file administrative claim within two years of alleged event. Plaintiff has filed notice of appeal. Castillo v. United States (SDC) Settlement conference held in medical malpractice case. Plaintiff insisted on sentence reduction as part of agreement. Court clearly stated that was not an option. Felix-Perez v. Acosta, et ale (SDC) Court dismissed former Warden Lathers with prejudice as part of her immunity motion. As a result, plaintiff's counsel decided against pursing any claim against current warden in Bivens case alleging sexual assault and battery. Flowers v. United States and Flowers v. Finnerty, et ale (LOM) FTCA and Bivens complaints alleging assault, battery and constitutional violations. Settlement reached and filed. Dismissals of both actions filed January 23, 2002. Friedman v. U.S. Bureau of Prisons (PHX) District Court approved $500 settlement of Privacy Act lawsuit. Jones-Heim v. Reese (DUB) District judge found in favor of defendants in Bivens complaint regarding DHO matter and summary judgement was issued in their favor. Lopez v. United States (LOS) FTCA complaint involving inmate. on inmate assault scheduled to start trial February 5, 2002. Moreland v. Rothstein, et ale (SET) Inmate voluntarily dismissed Bivens complaint against Judge, AUSA, and Warden alleging denial of access to courts. v. Hood (SHE) Ninth Circuit affirmed denial of RDAP Petition for Writ of Habeas Corpus which sought early release notwithstanding prior escape rendering inmate ineligible for CCC placement. Mu~hy ( 4413 ( Sherrod v. Rardin (LOM) District Court granted Petition for Writ of Habeas Corpus complaining of DHO matter after inmate appealed original dismissal to Ninth Circuit. Stewart v. Adams (LaM) Bivens/FTCA complaint alleging deliberate indifference and medical negligence. Settlement reached as to FTCA case during settlement conference. Bivens action to be dismissed when F-TCA settlement is filed. Wharton v. Hood (SHE) Ninth Circuit affirmed lower court's dismissal of Petition for Writ of Habeas Corpus arising from DHO action revoking 13 days of good conduct time. Appeal determined moot as inmate had been released. CRIMINAL CASE TRACKING Criminal Cases JAN Referred 10 Accepted 1 Dec1ined 12 Pending Decision 139 FEB MAR APR MAY JON JtJL AUG SEP OCT NOV DEC NEW ntFORHATJ:ON ON ACTIVE PROSECOTJ:ONS u.S. v. Figueroa (LOS) Trial for three inmate defendants charge with murder, assault with the intent to murder, and assault with intent to do bodily harm scheduled for August 13, 2002. (Inmate victim subsequently died from injuries sustained in assault.) ASSAULT u.S. v. Guyton (LOM) Sentencing hearing continued to February 11, 2002. u.s. v. Rios-Escobar (VIM) Inmate on staff assault accepted for prosecution. Inmate stuck lieutenant in face and while being escorted and in restraints, inmate kicked an escorting officer in chest. 4414 ESCAPE ( u.s. v. Eaton (SHE) Escapee from FPC Sheridan pled guilty to charge January 31, 2002. u.s. v. Fischer (SHE) Inmate escape during transfer to CCC recently apprehended and in custody in Arkansas. Prosecution.to be effected in Eastern District, Arkansas. u.s. v. Little (SET) Seattle cce escapee pled guilty to escape and sentenced to 12 month consecutive term of incarceration. u.s. v. Mayhorn (PHX) CCC escape indictment dismissed for failure to prosecute. USAO may refile case. Hand made clothing. and mask designed for use in escape were discovered in two man cell at FCI Phoenix. USAO declined prosecution of inmate accepting responsibility for items due to length of his current sentence. CONTRABAND u.s. v. Davis (LOS) Inmate sentenced to 18 months with three years supervised release for possession of amphetamines and marijuana. u.s. v. Exum (TRM) Trial for inmate possessing heroin continued. u.s. v. Parrado-Herrera (PHX) Trial· previously set for January 8 has been postponed. SEX OITERSES State of California v. Gaines Former FCI Phoenix inmate received 20 year sentence for sexual contact with minor. Facts of the offense were discovered through ITS at FCI Phoenix. Inmate completed federal sentence at USP Lompoc December 26, 2001. u.s. v. Mosequeda-Gonzalez (PHX) USMCFP report indicates inmate is capable of standing trial for sexually assaulting female officer. Inmate forcefully attempted to kiss staff while straddling and simulating sex act with officer. Inmate made admission that he was attempting to rape the officer. u.s. Attorneys Office has agreed to reconsider possible prosecution involving sexual contact with inmate by two former Fcr Phoenix staff members. 4415 STATl:STJ:CS ( ADMINISTRATIVE·REMEDIES APR !mIt FEB JAN laY SEP AUG JtJL JON NOV OCT DEC 103 FREEDOM OF INFORMATION/PRIVACY ACT: JAN RECEIVED 45 CLOSED 34 PENDmG 31 30 DAYS 6* 6 MON'J!HS 0 APPEALS 2 FEB MAR APR laY JON JUL AUG SEP OCT NOV DBC *Wa1t1ng for records from Arch1ves, not cons1dered overdue. ~ NUMBER OF FOI/PA PENDING: \. ATW DUB LON HON NEL PBX SAF SDC SET SHE TCl: TCH TRM VIM OTHER 0 5 2 0 1 3 5 3 1 3 2 0 2 1 3 SEP OCT NOV ADMINISTRATIVE TORT "CLAIMS JAN RECB:IVBD 26 CLOSED 34 RECONSl:DER 0 PENDmG 109 OVER 6 MONTHS 5 FEB MAR APR MAY JON JOL AUG DBC Tort Claim Investigations OVer 60 Days: DUB LOF LOH LOS NEL PBX SAF SDC SET SHE TCl: TCH TRY VIM TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4416 LITIGATION : ( JAN OPEN AT BEGINNING OF MONTH 413 NEW CASES RECEIVED 9 HC 6 FTCA 1 BIVENS 0 FTCAI 1 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV BIVENS " OTHER l' CLOSED 9 PENDING AT END OF MONTH 413 LITIGATION REPORTS COMPLETED 4 . MISCELLANEOUS: Phoenix area newspaper article reports waste dump for city to be located at a site other than land adjacent to Fcr Phoenix. Land adjacent to Fcr was one of previously proposed sites. Fifty RDAP petitions previously reported as dismissed have been consolidated and appealed to Ninth Ci r cuit under Boehner v. Hood, 02 - 35025 . 4417 DEC Assistant Regional Counsel Valerie stewart met with u.s. Fish and Wildlife Branch Chief to discuss matters regarding the Endangered Species Habitat and environmental rehabilitation of land encompassing USP Atwater. C.:.:.' (" 4418 Joyce Zoldak - 01-2002.wpd Page 1 ( u.s. Department of Justice Federal Bureau of Prisons Dublin, Califomia 94568 February 5. 2002 MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/ GENERAL COUNSEL, GENERAL COUNSEL & REVIEW FROM: SUBJECT: Harlan W. Penn. Regional Counsel Monthly Report for January 2002 LITIGATION NEW CASES ! j Collier v. LeBlanc (SOC) Petition for Writ of Habeas Corpus claiming unlawful.detention on account of allegedly improperly executed arrest warrant by U.S. Parole Commission. Also seeks order preventing transfer out of district during pendency of petition. Foster v. Hood (SHE) Petition for Writ of Habeas Corpus contesting discipline sanctions. Hunter v. Herrera (LOM) Petition for Writ of Habeas Corpus contesting DHO matter. Jiminez v. United States (LOM) FTCAlBivens cor:nplaint alleging dental malpractice. McDavid v. Hood (SHE) Petition for Writ of Habeas Corpus contesting computation of good conduct time. . Rhonemus v. Warden (LOM) Petition for Writ of Habeas Corpus contesting Inmate Financial Responsibility Program. Smith v. Jusino (SET) Petition for Writ of Habeas Corpus seeking credit for time spent during court order drug rehabilitation and CCC. Woods v. United States (LOM) FTCA complaint alleging medical malpractice resulting in loss of eyesight. SIGNIFICANT DEVELOPMENTS/APPEALS 4314 C i Joyce Zoldak - 01-2002.wpd Page 2 ( Boehner v. Hood' RDAP cases reported dismissed in December 2001 report have been appealed to the Ninth Circuit. Motion to consolidate has been granted and case is captioned Boehner v. Hood, 02-35025, (lead case). Court imposed expedited briefing schedule with oral argument slated for April 8, 2002, in San Francisco. Carter v. United States (TRM) FTCA complaint alleging medical malpractice at FCI Terminal Island and MCC Chicago dismissed with prejudice for failure to file administrative claim within two years of alleged event. Plaintiff has filed notice of appeal. Castillo v. United States (SDC) Settlement conference held in medical malpractice case. Plaintiff insisted on sentence reduction as part of agreement. Court clearly stated that was not an option. Felix-Perez v. Acosta, et al. (SDC) Court dismissed former Warden Lathers with prejudice as part of her immunity motion. As a result, plaintiff's counsel decided against pursing any claim against current warden in Bivens case alleging sexual assault and battery. Flowers v. United States and Flowers v. Finnerty, et al. (LOM) FTCA and Bivens complaints alleging assault, battery and constitutional violations. Settlement reached and filed. Dismissals of both actions filed January 23,2002. c. Friedman v. U.S. Bureau of Prisons (PHX) District Court approved'S500settlement of' Privacy Act lawsuit; , Jones-Heim v. Reese (DUB) District judge found in favor of defendants in Bivens complaint regarding DHO matter and summary judgement was issued in their favor. Lopez v. United States (LOS) FTCA complaint involving inmate on inmate assault scheduled to start trial February 5,2002. Moreland v. Rothstein, et al. (SET) Inmate voluntarily dismissed Bivens complaint against Judge. AUSA, and Warden alleging denial of access to courts. Murphy v. Hood (SHE) Ninth Circuit affirmed denial of RDAP petition for Writ of Habeas Corpus which sought early release notwithstanding prior escape rendering inmate ineligible for CCC placement. Sherrod v. Rardin (LOM) District Court granted Petition for Writ of Habeas Corpus complaining of DHO matter after inmate appealed original dismissal to Ninth Circuit. Stewart v. Adams (LOM) BivenslFTCA complaint alleging deliberate indifference and medical negligence. Settlement reached as to FTCA case during settlement conference. Bivens action to be dismissed when FTCA settlement is filed. 4315 Joyce Zoldak - ~1-2002.wpd Page 3 Wharton v. Hood (SHE) Ninth Circuit affirmed lower court's dismissal of Petition for Writ of Habeas Corpus arising from DHO action revoking 13 days of good conduct time. Appeal determined moot as inmate had been released. CRIMINAL CASE TRACKING Criminal Cases JAN Referred Accepted Declined Pending Decision FEB MAR AP MA R Y JUN JUL AU SE OC G P T NOV DEC 10 1 12 139 NEW INFORMATION ON ACTIVE PROSECUTIONS MURDER u.s. v. Figueroa (LOS) Trial for three inmate defendants charge with murder, assault with the intent to murder, and assault with intent to do bodily harm scheduled for August 13, 2002. (Inmate victim subsequently died from injuries sustained in assault.) ASSAULT u.s. v. Guyton (LaM) Sentencing hearing continued to February 11, 2002. U.S. v. Rios-Escobar (VIM) Inmate on staff assault accepted for prosecution. Inmate stuck lieutenant in face and while being escorted and in restraints, inmate kicked an escorting officer in chest. I. ( (. I i I I I ESCAPE U.S. v. Eaton (SHE) Escapee from FPC Sheridan pled guilty to charge January 31, 2002. U. S. v. Fischer (SHE) Inmate escape during transfer to CCC recently apprehended and in custody in Arkansas. Prosecution to be effected in Eastem District, Arkansas. U.S. v. Little (SET) Seattle CCC escapee pled guilty to escape and sentenced to 12 month consecutive term of incarceration. U.S. v. Mayhorn (PHX) CCC escape indictment dismissed for failure to prosecute. USAO may refile case. 4316 I, Joyce Zoldak - 01-2002.wpd ----_.. Page 4 __. _ - - - - - - - - - - - - - - - - - - - - - ( Hand made clothing and mask designed for use in escape were discovered in two man cell at FCI Phoenix. USAO declined prosecution of inmate accepting responsibility for items due to length of his current sentence. CONTRABAND u.s. v. Davis (LOS) Inmate sentenced to 18 months with three years supervised release for possession of amphetamines and marijuana. u.s. v. Exum (TRM) Trial for inmate possessing heroin continued. U.S. v. Parrado-Herrera (PHX) Trial previously set for January 8 has been postponed. SEX OFFENSES State of California v. Gaines Former FCI Phoenix inmate received 20 year sentence for sexual contact with minor. Facts of the offense were discovered through ITS at FCI Phoenix. Inmate completed federal sentence at USP Lompoc December 26, 2001. U.S. v. Mosequeda-Gonza/ez (PHX) USMCFP report indicates inmate is capable of standing trial for sexually assaulting female officer. Inmate forcefully attempted to kiss staff while straddling and simulating sex act with officer. Inmate made admission that he was attempting to rape the officer. ( U.S. Attorneys Office has agreed to reconsider possible prosecution involving sexual contact with inmate by two former FCI Phoenix staff members. STATISTICS ., ADMINISTRATIVE REMEDIES JAN FEB MAR APR 103 , MAY JUN JUL FREEDOM OF INFORMATION/PRIVACY ACT: JAN FEB MAR AP MA JUN R Y 45 RECEIVE D 34 CLOSED PENDING 31 6· 30 DAYS 0 6 MONTHS ( 4317 AUG JUL AU G SEP SE P OCT OC T NOV NOV DEC DEC Page 5 Joyce Zoldak - 01-2002.wpd APPEALS I~ 2 *Waiting for records from Archives, not considered overdue. NUMBER OF FOIIPAPENDING: AT W 0 SAF SO C SET SH E TCI X 3 5 1 2 DU B HO N NEL PH M 5 2 0 1 LO 3 3 TCN TR VIM OTHER M 0 2 1 3 OC T NO V DEC ADMINISTRATIVE TORT CLAIMS JAN FEB MA R APR JUN JUL AU G MA Y SE P 26 RECEIVED 34 CLOSED RECONSIDE 0 R 109 PENDING OVER & 5 MONTHS Tort Claim Investigations Over 60 Days: DU B LOF LO 0 0 M 0 SAF SO C SET SH E TCI TC N TR M VIM TOTAL X 0 0 0 0 0 0 0 0 0 AP R MA JUN JUL AU G SE P OC T NO V DEC LO S NEL PH 0 0 0 (' .... LITIGATION: JAN FEB MA R 413 OPEN AT BEGINNING OF MONTH NEW CASES 9 RECEIVED HC 6 FTCA 1 BIVENS 0 FTCAI BIVENS 1 Y 1 Fifty RDAP petitions previously reported as dismissed have been consolidated and appealed to Ninth Circuit under Boehner v. Hood, 02-35025. 4318 ' i( Joyce Zoldak - 01-2002.wpd Page 6 - - _ ..... - --- ( OTHER 11 CLOSED 9 PENDING AT END OF MONTH LITIGATION REPORTS COMPLETE D 413 "----." 4 MISCELLANEOUS: Phoenix area newspaper article reports waste dump for city to be located at a site other than land adjacent to FCI Phoenix. Land adjacent to Fcr was one of previously proposed sites. Attorney Advisor Matt Carney met with Deputy Criminal Chief. USAO. Phoenix. to. discuss prosecution of CCC escapes and drug introduction cases. USP Atwater received their initial group of designated. high security inmates. This institution is handled by the WXR CLC. Assistant Regional Counsel Valerie Stewart met with U.S. Fish and Wildlife Branch Chief to discuss matters regarding the Endangered Species Habitat and environmental rehabilitation of land encompassing USP Atwater. I. , I, ( Fifty RDAP petitions previously reported as dismissed have been consolidated and appealed to Ninth Circuit under Boehner v. Hood, 02-35025. 4319