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UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA 94588

DATE:

<Date>

REPLY TO

ATJ'NOF:

HARLAN W. PENN

Regional Counsel
~,.'

L-,

SUBJECT:

TO:

Monthly Report for August 1995
WALLACE H. CHENEY, General Counsel

CASES OF INTEREST
NINTH CIRCU" MATTERS:
USA V. BOYD, ET AL

(Dist. ORE)
Inmates appeal of District Court denial of Motion to Dismiss for Double Jepoardy .
in the criminal prosecution of inmates for destruction of government property
during the 9/93 disturbance at Fel Sheridan:.has been removed from the oral
argument calendar.
.
DISTRICT COURT MA TTERS:

USA V. BROWN
(C.D.CAL)
Inmate found guilty of possession of a weapon at U.S.P. Lompoc after a jury trial,
sentencing pending.
USA V. BRADLEY JOHN KEHM
-Triat--set-for'September'26-;o'1995'for assault on inmate, assault on staff,
possession of weapon and destruction of government property at FCI, Lompoc in
1993.

2959

USA V. WESLEY WADE HUNTER
i;triat:seftof;:September\19~':,1995jn Los Angeles in case of possession of 19
grams of tar heroin at USP Lompoc.
t

COUPAR V. CRABTREE
(Dist. ORE)
Bivens complaint alleging staff instructed inmates to spread false information
which endangered Coupar. Coupar was transferred for security reasons.
JACKSON V. CRABTREE
(D. OR)
FTCA trial set for August 15, 1995 (telephonically), was continued. Claim
concems alleged loss of two rings after confiscation by staff. Inmate is now at
Florence ADX. AUSA Silver indicates there may be a settlement for $100.
FOTTLER V. MORTON'
(D. NEV)
Previously reported, asbestos exposure case filed by former FPC NEL pro se
inmate who continues to attempt to certify a class of plaintiffS. Court continues to
grant plaintiffs motion's for continuance. U.S. Marshal affected proper service at
FPC NEL on 8/4/95. Plaintiffs sent Requests for Production of Documents to
private contractors who have done asbestos abatement work for BOP and USAF
at Nellis AF Base, USAO is renewing its previous Motion for Stay & Protective
Order.
FASSLER V. U.S.
(D. AZ)
FTCA action for IPP by inmate at FCI Tucson. Judge Briones granted Plaintiffs
MSJ in and awarded damages the amount of $12.76, inmate originally sought
$493.10. BOP could not document that inmate had been advised a change to
lower grade for a two week period.

RELIGION:
PARR V. KEOHANE
(C.D.Cal.)
Previously reported. RFRA case at USP Lompoc. AUSA wanted to make
special factors argument against Bivens liability, as well as argument that RFRA
doesn't authorize action against individuals or money damages. B9j'refused to
.....attow~these·arguments .by. USAO ancihas authorized outside.·counse~ for-· Warden
aAd·Chaplain-so the ·arguments~can be·raised.
I

GAINEY V. RENO
(D. Al)
Previously reported. Employment discrimination case alleging discrimination on
basis of religion and ethnic background (Native American). Plaintiff has
demanded a jury trial. Civil Div. Chief AUSA has suggested second settlement
conference for early Oct. with BOP RC present. No trial date has been set due to
present illness of the prior AUSA handling the matter. Case has not been
re-assigned for trial.
MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING
2960

GAO REPORT'ON AGENCY MEDICAL CARE:

DEBARDELEBEN V. QUINLAN CV 93-0483-ABC (RNB) (C.D. CAL.)
Inmate claims denial of medical care and access to legal materials. Similar cases
filed ,at Terre' Haute and Lewisburg.
SETTLEMENTS:

MISCELLANEOUS MA TTERS:

ENVIRONMENTAL MAlTERS:
JANOE V. USA. CV 95-2940-RAP (C.D. CAL.)
Another asbestos claim from USP. Lompoc which is consolidated with Bivens
action.
Arizona Dept. of Environmental Qualitity gave final approval to PHX back-flow
system retrofit.
Navy Public Works began remediation of oil spill at FPC, Boron.

2961

Harlan: Litigation Statistics from Districts I cover - Valerie
Closed 4New natal 7
FTCA-2

B/V-

1

HC -4

,..

....

'

~.-

2962

,.
UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREA U OF PRISONS
WESTERN REGIONAL OFFICE
DUBUN, CAUFORNJA 94568

DATE:

<Date>

REPLY TO
ATTN OF:

HARLAN W. PENN

Regional Counsel
SUBJECT:

TO:

Monthly Report for September 1995
~ALLACE R CHENEY,

General Counsel

CASES OF INTEREST
NINTH CIRCUIT MATTERS:
USA V. BOYD. ET AL
(DisL ORE)
Inmates' appeal of District Court denial of Motion to Dismiss for Double Jepoardy in the
criminal prosecution of inmates for destruction of government property during the 9/93
disturbance at FCI Sheridan, has been removed from the oral argument calendar.

DISTRICT COURT MA TTERS:

Randall Scott Harvmr v. Wayne Stephens. et al., CV-F-95-5055 (E.D.CaI.)
1nmate claims staff at FPC Boron forced him to commit criminal acts while incarcerated
there. Allegations include stealing government property, fmding a "hit" man for a contract
employee, falsifying official reports, forging staff signatures, and bypassing computer
security to falsify computer records. Seeks $5,000,000 from various defendants.
Clifford Schuett v. BOP, et aI., CV 95-3159-MM:C (N.D.CaI.)
Paraplegic inmate attempts to excuse escape from CCC by stating the CCC was not
properly handicap equipped. Left the CCC and turned himself in to USMS the following

2936

day. The second time this inmate has escaped from this CCC. Sues the DHO, CCM and .
Regional Director.
USA v. Wesley Wade Hunter
Possession of 19 grams of tar heroin at USP Lompoc. First trial ended in hung jury (11-1
to convict). Judge ordered counsel to begin selectingjwy for retrial 3 hours later. Second
trial ended in hung jury (less favorable amount). Third trial scheduled, however, defendant
plead to original charge on October 5, 199~.
USA v. Bradley John Kehm
Assault on inmate, assault on staff, possession of a weapon and destruction of government
property at FCI Lompoc in 1993. J wy found inmate guilty of possession of a weapon but
not guilty of attempted murder (despite 34 stab wounds in inmate victim).
COUPAR V. CRABTREE
(Dist. ORE)
Bivens complaint alleging staff instructed inmates to spread false information which
endangered Coupar. Coupar was transferred for security reasons.
JACKSON V. CRABTREE
(D. OR)
FTCA trial set for August 15, 1995 (telephonically), was continued. Claim concerns
alleged loss of two rings after confiscation by staff. Inmate is now at Florence ADX.
AUSA Silver indicates there may be a settlement for $100.

o

(D. NEV)
FOITLER V. MORTON
Previously reported, asbestos exposure case filed by former FPC NEL pro se inmate who
continues to attempt to certifY a class of plaintiffs. Court continues to grant plaintiffs
motion's for continuance. U.S. Marshal affected proper service at FPC NEL on 8/4/95.
Plaintiffs sent Requests for Production of Documents to private contractors who have done
asbestos abatement work for BOP and USAF at Nellis AF Base, USAO is renewing its
previous Motion for Stay & Protective Order.

FASSLER V. U.S.
(D. AZ)
,
fTCA action for IPP by inmate at FCI Tucson. Judge Briones granted Plaintiffs MSJ in
and awarded damages the amount ofS12.76, inmate originally' sought $493.10. BOP
could not document that inmate had been advised a change to lower grade for a two week,
period.

RELIGION:
PARR V. KEOHANE
(C.D.Cal.)
Previously reported. RFRA case at USP Lompoc. AUSA wanted to make special factors
argument against Bivens liability, as well as argument that RFRA doesn't authorize action
against individuals or money damage~. DO] refused to allow those arguments by USAO
and has authorized ·outside counsel for Warden and Chaplain so the arguments can be
raised.

2937

GAINEY V. RENO
(D. AZ)
Previously reported. Employment discrimination case alleging discrimination on basis of
religion and ethnic background (Native American). Plaintiffhas demanded ajurY trial.
Civil Div. Chief AUSA has suggested second settlement conference for early Oct. with
BOP RC present. No trial date has been set due to present illness of the prior AUSA
handling the matter. Case has not been re-assigned for trial. Plaintiff has filed for personal
bankruptcy. Counsel seeks to represent estate and continue action for damages.
MEDlCAL MALPRACTICE TORT CLAlMS and LITIGATION REFER£NCING
GAO REPORT ON AGENCY MEDlCAL CARE:
SETTLEMENTS:
MlSCELLANEOUS MATTERS:
Training in COCA at USAO and for Federal Public Defenders September 13.
Staff from aU Central Cal institutions participated in the training.
Harlan Penn and James Wills met with USAO in NDCA September 28.
Dennis accepted award on behalf of the Warden from the Bell Shelter in
recognition ofntM's support of the shelter operation. Judge Pregerson and Judge Trott of
. the Ninth Circuit were present.
ENVIRONMENTAL MATTERS:
Arizona Dept. of Environmental Qualitity gave fmal approval to PHX back-flow system
retrofit.
·Navy Public Works began remediation of oil spill at FPC, Boron.

2938

·

,.

r

~

STATISTICS
TOri Claims:
JAN
FEB
MAR
NOVDEC
Received
49
48
48
Closed 89
59
70
57
Reconsidered
20
3
0
159
Pending
151
129
Over 6 Mo.
4
8
2
*Physicai count confirmed with database
+A ,",aiting investigation from 01A for one
Investigations Pending Over 60 Days:
LOM LOF
LOS
BRN
DUB
TOTAL
44
1
0
2
2
F01IPA:JAN
DEC
Received28
Closed
Pending
30 days
40

0

APR

53
62

JUN

JUL

AUG

SEP

82
28

61
79

54
186
5+

TRM

2

2

1

132*
6

136
2

161
2

195
2+

95
82
3
214
2+

NEL

PBX

SAF

SDC

SHE

J

0

0

1

2

64

59

0

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

33
36
83

54
48
89

26
32

35
28
88
46

37
32
91
.35

37
34
94
28

32
43
88
.32

44
24
96
.35

NEL

PHX

SAF

0

0

90

FOIIPA Pending More than 30 Days 081.31195:
BRN
DUB
LOS
LOM LOF
TCN
TOTAL

1

MAY

4

6

1

OCT

0

0
OCT

TCN

5
NOV

32
108

.39

.37

SDC

SHE

TRM

0

0

0

7

OCT

NOV

OCT

NOV

28"
"Does not include inmates transferred OUI ofRegion or CCM's.
Administrative Remedies:
JAN FEB
MAR
DEC
70
96
87

APR

74

MAY

JUN

JUL

AUG

SEP

77

94

6.3

98

76

Litigation: JAN FEB
AUG
SEP
MAR APR MAY JUN JUL
DEC
.359
385
405
415
428
Open Cues:
370
385
421
15
15
20
20
17
31
1.3
11
NeK'Cases:
5
14
HC
9
5
4
11
7
9
6
2
3
3
FTCA
2
4
4
0
3
7
13
Bivens
3
7
6
4
9
1
Other
0
1
1
0
0
1
1
Closed
5
17
7
9
9
5
11
4
" Checked open cases in Court Docket DIUIl Base using Pacer system

2939

56

323
13
2
.3
0

118"

5

.39

9 0

.•

.j

,

BUREAU Of 'fUSOHS

OFFICE OF GENERAL COUNSEl

UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBLIN, CALIFORNIA 94568

DATE:

< Date>

REPLY TO

ATTN Of:

HARLAN W. PENN

Regional Counsel

~
~

...

'

SUBJECT:

TO:

Monthly Report for September 1995
WALLACE H. CHENEY,

General Counsel

CASES OF INTEREST
NINTH CIRCUIT MA TTERS:
(Dist. ORE)
USA V. BOYD, ET Al
Inmates' appeal of District Court d'enial of Motion to Dismiss for Double
Jepoardy in the criminal prosecution of inmates for destruction of
government property during the 9/93 disturbance at FCI Sheridan, has been
removed from the oral argument calendar.
DISTRICT COURT MATTERS:
Randall Scott Harvey v. Wayne Stephens, et aI., CV-F-95-S055 (E.D.Cal.'
In'mate claims staff at FPC Boron forced him to commit criminal acts while
incarcerated there. Allegations include stealing government property, finding
a "hit" man for a contract employee, falsifying official reports, forging staff
signatures, and bypassing computer se'curity to falsify computer records.
Seeks $5,000,000 from various defendants.

2943

Clifford Schuett v. BOP, e't aI., CV 95-3159-MMC (N.D.Cal.)
Paraplegic inmate attempts to excuse escape from CCC by stating the CCC
was not properly handicap equipped. Left the CCC and turned himself in to
USMS the following day. The second time this inmate has escaped from this
CCC. Sues the DHO, CCM and Regional Director.
USA V. Wesley Wade Hunter
Possession of 1 9 grams of tar heroin at USP Lompoc. First trial ended in
hung jury (11-1 to convict). Judge ordered counsel to begin selecting jury
for retrial 3 hours later. Second trial ended in hung jury (less favorable
amount). Third trial scheduled, however, defendant plead to original charge
on October 5, 1995.
USA v. Bradley John Kehm
Assault on inmate, assault on staff, possession of a weapon and destruction
of government property at FCI Lompoc in 1993 .. Jury found inmate guilty of
possession of a weapon but not guilty of attempted murder (despite 34 stab
wounds in inmate victim).
CQUPAR V. CRABTREE
(Dist. ORE)
Bivens complaint alleging staff instructed inmates to spread f.alse information
which endangere~ Coupar. Coupar was transferred for security reasons.
JACKSON V. CRABTREE
(D. OR)
FTCA trial set for August 15, 1995 (telephonically)' was continued. Claim
concerns alleged loss of two rings after confiscation bV staff. Inmate is now
at Florence ADX. AUSA Silver indicates there may be a settlement for

$100.
FOTTLER V. MORTON
(D. NEV)
Previously reported, asbestos exposure case filed by former FPC NEL pro se
inmate who continues to attempt to certify a class of plaintiffs. Court
continues to grant plaintiff's motion'S for continuanc.e. U.S. Marshal affected
proper servic~ at FPC NEL on 8/4/95. Plaintiffs sent Requests for Production
of Documents to private contractors who have done asbestos abatement
work for BOP and USAF at Nellis AF Base, USAO is renewing its previous
Motion for Stay & Protective Order.
(D. AZ)
FASSLER V. U.S.
FTCA action for IPP by inmate at Fel Tucson. Judge Briones granted
Plaintiff's MSJ in and awarded damages the amount of $12.76, inmate
originally sought $493. 10. BOP could not document that inmate had been
advised a change to lower grade for a two week period.

(~

RELIGION:

'.

2944

PARR V. KEOHANE
(C.D.Cal.)
Previously reported. RFRA case at USP Lompoc. AU SA wanted to make
special f actors argument against Bivens liability, as well as argument that
RFRA doesn't authorize action against individuals or money damages. DOJ
refused to allow those arguments by USAO and has authorized outside
counsel for Warden and Chaplain so the arguments can be raised.

(D. AZ)
GAINEY V. RENO
Previously reported. Employment discrimination case alleging discrimination
on basis of religion and ethnic background (Native American). Plaintiff has
demanded a jury trial. Civil Div. Chief AUSA has suggested second
settlement conference for early Oct. with BOP RC present. No trial date has
been set due to present illness of the prior AUSA handling the matter. Case
has not been re-assigned for trial. Plaintiff has filed for personal bankruptcy.
Counsel seeks to represent estate and continue action for damages.
MEDICAL MALPRACTICE TORT CLAIMS and LITIGA TION REFERENCING
GAO REPORT ON AGENCY MEDICAL CARE:

()

SETTLEMENTS:

MISCELLANEOUS MA TTERS:

Training in COCA at USAO and for Federal Public Defenders
September 13. Staff from all Central Cal institutions participated in the
training.
Harlan Penn and James Wills met with USAO in NDCA September 28.
Dennis accepted award on behalf of the Warden from the Bell Shelter
in recognition of TRM's support of the shelter operation. Judge Pregerson
and Judge Trott of the Ninth Circuit were present.
ENVIRONMENTAL MATTERS:
Arizona Dept. of Environmental Qualitity gave final approval to PHX
back-flow system retrofit.
Navy Public Works began remediation of oil spill at FPC, Boron.

(1
2945

·------

•

~

STATISTICS
MAY

JUN

JUL

AUG

SEP

64
62
2
136
2

82
59
2
761
2

61
28
195
2+

95
79
3
214
2+

54
82
0
186
5+

NEL

PHX

SAF

SDC

SHE

TRM

TCN

0

1

0

0

1

0

5

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

26
28
88
46

35
32
91
35

37
34
94
28

37
43
88
32

32
24
96
35

44

NEL

PHX

SAF

0

0

JAN
FEB
MAR APR
TO!l Claims:
NOVDEC
49
48
53
48
Received
89
57
59
70
Closed
20
3
0
2
Reconsidered
151
729
132*
159
Pending
4
2
6
8
Over 6 Mo.
*Physical count confirmed with database
+ A waiting investigation from OIA for one
Investigations Pending Over ~O Days:
LOM
LOF
LOS
DUB
BRN
TOTAL

1
56

0

FOIIPA:JAN
DEC
Received
Closed
Pending
30 days

.2

44-

2

FEB

MAR

28
36
83

33

54

48

32

89

90

1

OCT

32
108

39

37

SDC

SHE

TRM

0

0

0

7

OCT

NOV

OCT

39

40

()

FOI/PA Pending More than 30 Days 08/31/95:
DUB
LOM
BRN
LOF
LOS
TOTAL
TCN
4
1
1
6

028*
*Does not include inmates transferred out 01 Region or CCM's.
Af!.minlstratlve Remedies:
JAN FEB
MAR
DEC

70
Litigation:
NOV DEC
Open Cases:
New Cases:
11
HC
FTCA
Bivens
I
Other
Closed

APR

MAY

JUN

JUL

AUG

SEP

96

87

74

77

94

63

98

76

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

359
15
9

370
20

385
20
9
3
9
1
5

385
17
14
2
6
0

405

415
15
5
2

421
13
4
4

428
11
6
4
4
0
4

323
13

0

3
1
9

7
3
7
1

31
5
3
13
1
11

7

1
5

0

2
3

0
118*

9
17
7
* Checked open cases in Court Docket Data Base using Pacer system

2946

5

9