5108034818

DOJ/BOP/WRO/L~uHL

UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICB
DUBLIN. G4L1FORNlA 94568
DATE:

February 14, 1995

r:::~~---Counsel
Regional

1UUEDf:

10;

Monthly Report for January 1995

a.

W~lACE
CHENEY, Assistant Director/General
IVAN WHITE, JR., Regional Director

o.

Counsel

•• CASES OF INTEREST ~-c
DISTRICT COURT MATfERS:

u.s. v. Brown, It al District of Oregon(Criminal prosecution)
Defondanls Amos Brown, Henderson Iln.d Goff are proceeding to trilJl on Aprillllh
-criminal prosecution of inmates fa' actions during the 912/93 disturbance at PCI SHB. Ol~r
defendants IuJve appealed diswt court unial of motion to dismiss on double jeoPtJIdy grounds
10 the 9,h Circuit and their trials are stayed pending appeal.

$

LDdiW v. Dollarhide. ,t al
District 0/ Oregon (Bit'ens)
Dtnii21 0/Motion jo, Summary Judgment/Dismiss on fJuolijU!d immuni~ grounds. This ClUe will
proceed to triIll Q&cording to A USA. Jim SuJhe,u,nd. In11U11e alleges sl4jf defendants violated his
5th & 8th Amendment rights by forcing him to resign from the Drug Abuse Program by
unlawfully pl(Jcing him in admin. detention and t/Jat the forced resignation caused his parole date
to be delayed.
Pqtini v. Crabtree Distrkt of Oregon(Habeu)
Judge has ordered G state parole hearing for Q WlTSEC inmo.te whose jed"41 sentence has
expired. AUSA Ken Baum(Jn and BOP Morney Mary Sulliv(Jn handling.

Nelson y. Henry. et ol.CV 94·5559 (C. D. Cali/omia)
JYheelchair-bound inmate complaining thai ~ lUetls new custom-fit wheelcluzu. Also complaJns
thaI ~ is being unied access to programs at Tenninallsland because the program areDS, such
as lhe chapel and education areas, are not wheelchair accessibk. New wMelchair Iuu been
orthred lor the inmate•
. Wilson v. USA. CV·93..1077·DT (C.D. CaliforniaJ (FTCA)
.

31211

~~

c-t

STATISTICS ... 4

Ton 'klim.r:·
Recalled

JAN

FEB MAR

APR

/UL

4VAY JUN

Pen4ln6
Over 6 MD.

OCT

NOY

DEC

20

159
4

InJlesliJG1iIJlIS PBndlng Over 60 DDJ's:
BRN DUB· LOM LOF LOS
0
0
0
0
0

NEL

PHX

SA}"

0

13

0

FOJJld:

JMl

APR

llecei')led
ClDstJI

28
36
83

Pending
30 duys

FEB

A£fJl

SDC
0

SHE
3

TRM

TeN

;#

0

AUF JUN

JUL

AUG

SEP

OCT

NOY

SAF

SDC

SHE

TRM

TeN

2

4

3

"

3

TOTAL
46

FOIIPA Pending m1Jre 1M" 30 tklys 01131/95:
LOM LOF LOS
NEL
DUB
0
J
6
0
J
0

PIIX
18

;4miJt. lleR:

FEB

JAN

TOTAL
20

DBC

46

BRN

Ca

SEP

89

C/t)sfli

R.«QlLSiIleretl

(her

AUG

49

MAR

APR

MD

JVN

JUL

AUG

SBP

ocr

NOV

DBC

JNl

FEll

MAll

DR

MAY

JUN

JUL

AUG

SEP

ocr

10

lJliB&m:
Ope!l

au..:

New C4ses:

He

359

15

11

Birens

0
3

Other

·1

Closed

9

F7'CIt

(
3125

NOY

DEC

5108034818

DOJ/BOP/WRO/L~bHL

Inmole injured his Achilks tendon whik pll:zyiAg basutball at MDC lAs Angeles. Claims did 1Iot
receive appropria~ llnd timely medical cart. Motions denied. Case wenllo trUd on February "
1995. Cun-ently under submission.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT
ON AGENCY MEDICAL CARE:

FOIIPA LITIGATION:
SErI'LEMENTS:

MISCELLANEOUS MATIERS:
Envjronme~tal:

Boron • On January 30, 1995, 3800 gallons of diesel fuel spilled out of the· holding tanks.
The valves were broken off over the weekend, causing the spill. Vandalism is suspected.
The contaminated soil has been removed from the ground and is currently properly stored
awaiting instructions on the cleanup.

PHX -Safe Drinking Water violations were noticed in December at PHX. Staff met with
Arizona ADEP officials, but were unsuccessful in challenging the violations. A Notice of
Violation will be posted at the institution from FebruaI)' 8-13. These two violations took
place in 1993 and 1994, the institution has no current violations.
SAP -Safe Drinking Water violations were noticed during an inspection on Jan 11. The
delivery system is being renovated and a meeting is scheduled with ADEP.

('
"

3126

,r

5108034818

r-JJ/BOP/WRO/LEGAL

c.

372 P0l

-no-

MAR 06 '95 08:09

UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DVBUN, C4.UFORNLt 911568

DATil
J¥JlI.YlD

OPTIONAL FOAM 89 (1~90)

""-I~~~14J

ATnlCP.

a.as:r.
to!

..•

..,

( ....

Monthly Report for February 1995
WALlACE H. CHENEY, Assistant Director/General Counsel
o. IVAN WHITE, JR., Regional Director

.~ CASES OF INTEREST ••

DISTRICT COURT MA1TERS:
Wilson v. USA. CV-93-1077·DT (C.D. California) (FTCA)
Inmate injured his Achilles tendon while playing basketbaU al MDC Los Angeles. Claims did not
Tecei~e

appropriIJle and timely medical care. Motions denied. Case went to trial on February 7,
1995. Currently under ~ubmission.
Rab~i

Ahrqham Low v. Warden lAra F. Taylqr (CD. Calif.)
Suit unur the Religious Freedom Restoration Act seeking injunctive relief regarding diet, milcvah,
minyan and ToTtlh. Hea,in, set fo, March 13, 1995.

Joseph !u,.g.eski (C.D. Calif.)
Criminal trial ~·cheduled for 3/21/95. Mailroom staff found drugs in incoming mail at USP,
USA

Y.

Lompoc.
USA v. David Gqtes (CD. Ca/ij.)
Criminal triol scheduled fa,. 3/28/95. InmaJe possession of a weapon Ilt USP, Lompoc.
MEDICtL MALPRACTICE TORT CL41MS and Ln/GATrON REFERENCING GAO REPORT

c,

ON AGENCY }'IEDICAL CARE:

None

SETTLEMENTS: None
MISCELLANEOUS MATIERS:
3099

,

.,..

5108034818

DOJ/BOP/WRO/LEGAL .

372 P02

Environmental:
Boron· On January 30, 1995, 3800 gal10ns of diesel fuel spilled out of the ho1ding tanks.
The valves were broken off over the weekend, causing the spilt Vandalism is suspected.
The contaminated soil has been removed from the ground and is currently properly stored
awaiting instructions on the cleanup. Institution ordered by EPA to cease cleaning up spin
cite. The Navy remediation team will continue the cleanup.
:PHX -Safe Drinking Water violations were noticed in December at PHX. Staff met with
Arizona ADEP officials, but were unsuccessful in challenging the violations. A Notice of
Violation win be posted at the institution from February 8·13. These two violations took
place in 1993 and 1994, the institution has no current violations.
SAP -Safe 'Drinking Water "violations were noticed during an inspection on Jan 11. The
delivery system is being renovated and a meeting is scheduled with ADEP.

()

()
3100

,
,

,:

,.

(-

DOJ/BOP/WRO/LEGAL

51080348:8

MAR 06 '95

08:09

The Pentagon has announced that it is giving the property comprising the Lompoc
institutions to the Federal Bureau of Prisons.
~~

STATISTICS ••

Tort CIs.im.r:
kcdwd

C/osetl
Rsawiden.d

Pending
lh.6Mo.

JAN

FEB ItUR

APR

59

159
4

150
8

JAN

Rlr.eltled

28

Closed
Pend;ng
Q)le, 30 da)'s

36
83

SEP

AUG

NOY

OCT

46.

FEB

MAll

NEL

PBX

SDC
0

TRM

19

SAF
0

SHE

0

5

2

APR

MAY

JUN

JUL

AUG

SZP

OCT

NOY

PHX

SAF

SDC

TCN

TOTAL

0

2

SHE
1

TRM

8

2

3

25-

TCN
4

0' CCM~.

.APR

MAY

JUN

/VL

AUG

UP

ocr

NOY

DEC

lJIiIlGlitm:

JAN

FU

MAR

APR

MA.Y

JVN

JVL

AVG

SEP

ocr

359

370

15

He

11
0
3
1
9

20
9

01""

CWttl

J

7
1
9

Peaowl
Fel, Tenn.Uulllsltuul: Dekso Alford retumr 10 work on 3/6/95 qfter taking the bar mun.
FPa Boron: Pam Lorinel.

DBC

48

MAR

Bi"ns

30

68·
J5

A4Irtl& Rem:
JAN FEB
96
10

FTCA

TOTAL

33

FOIJPA P,nding paDre than 30 da)'s 02/28/95:
NEL
BRN DUB LOM LOF LOS
0
0
1
4
0
4
-Does II()linclu.de inmDle's lra1&Sj'd oUl 0/ Region

Open Cues:
N,w CIlS8t:

DEC

Z

In'tJSIigaliollS P,ndu., Over 60 Days:
LOM LOF LOS
DUB
0
0
0
0
0

POI"d:

JUL

MAY JUN

48

49
89
20

BRN

( ..~

372 P03

II

011

tUlnUlllleave/rom 312/95, to 3/18195.

FCl, Sheridan: Helen Ramsdale sel«ted as new ~ralegal specialist. Her reponing dale Is 4/16/95.

3101

NOY

DEC

623 P04

APR 05

'~~

~/(k
UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
'H'"ESTERN REGJON~ OFFICE
DUBUH, CALIFORNIA. 945"

10.

WALUCE H. CHENEY, Assistant Director/General Counsel

~~.C4SES.OF L1VTEREST.~

NIN11I ORCUIT MATTERS:

Rabbi Abraham Low v. Warden Larry F. Taylor (C.D. California)
Suit under th~ Religious Freedom Restoration Act seeking injunctive relief regarding diet,
mikvah, minyan and Torah. Both the District Court and the Ninth Circuit refused
emergency injunctive relief. The District Court based denial on fact that inmate has not
exhausted his administrative remedies and is requiring exhaustion. The Co~t of Appeals
agreed with this rationale in denying. emergency relief, but has set an expedited appeal
schedule with Appellant'S Brief due April 24th, Appellees' Brief due May 24th and oral
argument in July.
DISTRICT COURT MA.1TE~:

Jack Matthews v. Janet Reno. et aJ elv 93·744 TUC-JMR (D. Arizona)
Judgment for BOP in Rehabilitation Act action by terminated employee at FeI Tucson
aJJeging discrimination. Court found that the plaintiffs long history of knee injury and the
resulting 'handicap left him unable to physically meet the requirements of being able to react
to emergency situations in the prison setting. Judge Roll found that the plaintiffs inability
to physically meet the job requirements was a relevant consideration, and the Rehabilitation
Act did not prohibit an employer from making an employment decision adverse to a
handicapped employee based upon the employee's demonstrated unfitness. AUSA Ted
Borek and Paralegal Tom Byron represented the BOP.
Bill Scott v. J.L SivJev, et a] eIV 92-849 TUC-JMR (D. Arizona) .. :":\
Court granted Summary Judgment for BOP Bivens defendants and dismissed this 8th
Amendment action in which the inma te plaintiff claimed that the dormitories at FeI Safford
constituted a fjre hazard in their construction and operation. Court specifically found that
the circumstances complained of did not constitute a substantial risk, nor was there any
genuine issue 8S to the reasonableness of thcaW2! safety measures in place at FeI Safford.

l~:~~

Ben Kalka v. Pontesso. et a1 elv 93-·732 TUC Vr'DB (D. Arizona)
Order denying plaintiff's Motion for a TRO. Judge Brov.ning found that inmate Kalka was
an ~~l~ ~itig~tor given t~e avail~b]e resources of the FeI and that the postage a copying
pohcles Instltuted. for hIm prOVlded adequate access to the couns. Paralegal Tom Byron
assisting AUSA.
Coupal v. UNICOR. et al.. 92 TSC.. 12 (Secretary of Labor ruling)
Inmate COUp&~ had f~]ed n?me!ous claims under federal '\vhist]ebJower" statutes against
UNICOR s]]egtng VaIJOUS VJolatlons. The Secretary of Labor issued this ruling holding that
"whistlebJower" statutes were not applicable for prisoners as they are not "employees"
covered by employee protection laws.
Isham \It MCC San Dieio, et al., 94-0024 (S. D. California)
Plaintiffs alleged BOP's negligence allowed inmate to escape who later killed a civilian.
Plaintiffs are victim's parents, wife, and person who was with him during the incident. Order
dismissing case recej-..·ed in December 1994, however, first Judgment (dismissing victim's
parents) received this month.
Fottler. et al v. l\1onon. et a) C\' .. S-94-0964 (D. Nevada)
Seven current and former inmates at FPC Nellis sue under Bivens for intentional exposure
to airborne asbestos, claiming that all the construction materials at FPC Ne1lis contain friable
asbestos, so that they were continuaJly exposed in their work assignments and housing areas.
The compJaint states that they are seeking to establish a "class" of plaintiffs, but no
certification has been filed to date. A1l seven plaintiffs filed administrative FTCA claims·
which were denied by the Regional Counse1. DRC Valerie Stewart meeting with AUSA and
aU current staff defendants at FPC Nellis on Monday Apri13rd. Answer is due on May 8th.
Parr and Janoe v. BOP. et al.. CV 94-8218 (C. D. California)
Two inmates sue BOP and staff under Bivens for asbestos contamination at USP Lompoc.
They claim various areas have friable asbestos, that exposure constitutes a health hazard and
violates the 8th Amendment, and that the remediation is being incorrectly performed. They
seek 5300 million in compensatory and punitive damages. .
Leggett 'I. Churchill. et al.. CV 91·2489 (N. D. California)
Inmate sues three officers in Bi\'ens-styJed lawsuit for alleged1y handcuffing him, escorting
him across ree yard, and allo'Aing an inmate to assault him. Inmate also alleges inadequate
medical examination of his subsequent injurieS. Case was originally filed in 1991, however,
the court did not order service until 1995.
MEDICAL MALPRACTICE TORT CL41MS and LITIGATION REFERENCING GAO REPORT
ON AGENCY MEDICAL caE:

None
SETI'LEMENTS:

Voto-Bernales v. USA et aI., CV 94-2168 (N. D. California)
Case previously reported v,·here inmate suffered testicular torsion resulting in the removal
of the left testicle. This parties have agreed to a conditional settlement of $42,500.00,
provided that tests show the plaintiff is sti1D'Srtile. Test to be conducted this week.

51081034818

(e

DCIj/BOP/WRO/LEGAL

623 P02

APR a5 '95

Paramo v. Dicus, et a1.. CV·91-4317 & CV 92·5321 (C.D. California)
Previously reponed nlatter where inmate claims he was sexual1y assaulted by kno\\,'1l predator
at USP Lompoc in 1988. Claims staff knew of danger to him and failed to protect. Adverse
summary judgement decision received in 1994. AUSA negotiated settlement whereby
individual defendants were dismissed and the government paid $9900 to the inmate under
the FfCA. AUSA also agreed to send letter to the Parole Commission on inmate's behalf.

AIISCElLANEOUS ItfA1TERS:

u.s. v. Boyd. et al

District of Or~gon
Criminal prosecution of inmates for destruction of government property in the 9/93
disturbance at Fel Sheridan begins on April 11th in Portland, OR. Attorney Mary Sullivan
""ill be assisting U.S. Attorney at trial.
USP Lompoc Legal Department will host the pilot review team for a test review under the
proposed Legal Program Review guidelines. The visit win occur in late April.

ENVIRONMENTAL MATTERS:

,.--

c., ..: .

On ~Iarch 15, 1995, approximately 10 gallons of hydraulic fluid spilled into a water-filled
ditch near the sewage ponds at USP Lompoc. The appropriate offices were notified and
cleanup initiated. Local environmental offices have inspected the site twice an.d approved
the cleanup efforts. On March 22, 1995, local environmental officials closed the file on the
matter.
Two civil. actions reported above center on allegations of asbestos exposure.

0('
3084

15: 28

1

.

5108034818

623 P01

DOJ/BOP/WRO/LEGM~

R~~

~~

.~~

~ STATISTICS .~

JAJ"tI

FEB

49

48

Cloud

89

59

kclHlSiJknJ

20

tcfi."c.d

Pending
Over 6 .J,{o.
IIl~estigaJjol&S

BRN
0

DUB
0

FOIlPA:
Rec;eillet/
Closed
Pendillg
Over 30 dfl]s

159
4

,

ldAR
48
66

1$0

4
128

8

l

Pending OYer 60 Du:/s:
LOM . LOF LOS
0
0
1

JAN
28
36

83

46

FEB
.33

MAll

~\{AY

JUN

JUL

AUG

SEP

OCT

NOY

NEL

PHX

SAF

TOTAL

0

SHB
7

TCN

7

SOC
0

TRM

0

2

4

21

APR

MAr

]UN

JUL.

AUG

SBP

ocr

NOY

DBC

NEL

PHX

SAP

SOC

SHE

TRM

TCN

TOTAL

0

0

2

'2

1

14-

DEC

54

48

32

6'

90
28

35

APR

FOJ/PA. PeruJlng £a,[ore than 30 Days 03/31/95: .

BRN

DUB

LOM

LOF

LOS

4
0
0
0
0
-DQu MI inclwJe inJNJles tro.nsfen-ed oUI of Region or CCI..I's.

0

5

M ministroli~e Rnne.dil!s:
FEB
JAN
96
70

~
.~.'

MAR

APR

~\.fAY

JUN

JUL

AUG

SBP

OCT

NOV

APR

lUAY

JUN

JUL

AUG

SEP

OCT

JAN

FEB

MAR

3.59
15
11

310
20
9

38S

FTet

0

Birens

3
1
9

3
1

'J1€n Cases:

New Casu:

He
OIher

Closed

DEC

81

1
9

zo
7
3
9
1
5

\~
3085

NOV

DEC

!~:~(

5108034818

DOJ/BOP/WRO/LEGAl

(~

89~ t-'~l

UNITED STATES GOVERNMENT

MEMORANDUM

'.

FEDeRAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DVBUN, CALJPORNlA. 94$&8

P~TE: ~a
5, 1995
.......,0

"11M Q=:

.

OPT1ON~

FORM 88 (7-90)

I. 1. (j).QNV-

1A~'. ~t:~

Regiona] Counsel
Fu'

a..&ECT~
TO:

Monthly Report for April 1995
\\'ALLACE H. CHEN~\',

FuM
509i_ \01

GENERAL SERVICES ADMtNIS1'R"nON

Assistant Director/General Counsel

... CASES OF INTEREST ~~
NINTH CIRCUIT MATTERS:

DISTRICT COURT MATTERS:

United States v. Darnell Garcia, Criminal ~atter (C.D. California)
Motion for reduction of sentence is set for hearing before Judge Terry Hatter on June 19.
Garcia was a DEA Agent "'ho stole DEA drugs for resale and also DEA money. He was
sentenced to 80 years by Judge Hatter in 1991 and since that time has been designated to
maximum security institutions, usually contracted to state facilities. The Motion is based on
alleged disparate treatment and harshness of confiitions of confinement. Valerie Stewart is
preparing a declaration on behalf of the BOP.
Robert E. \Va}sh v. Federal Bureau of Prisons. et al., CV 94-5559 (C.D. California)
Former inmate alleges lack of adequate medical car~, claiming defendants delayed necessary
heart surgery. Inmate's attorney is also his son. Defendants' motion to dismiss granted with
leave to amend. AUSA reports that opposing counsel has indicated that plaintiff does not
intend to .amend the complaint.
1

(

,

....

....

Robert Charles Davis v. 'Regional Director \Vhite. et a1., CV 95-1656 (C.D. California)
Plaintiff alleges that staff retaliated in various \vays against him because he sought medical
care and appealed disciplinary hearings. that staff released false information about him to
inmates thus endangering his life, and that he was given an inappropriate safety factor. To
date, plaintiff has named fifteen staff members as: defendants, encompassing three
institu tions .
Sylvia Sylvester v. Hayes. et at, CV 94-3719 (N.D. California)
In a Bivens-styled complaint, plaintiff claimro,ae was held 31 days past her release date. She
claims that she had informed the Warden and the ISM, yet they failed to act. To date, staff

510sa34818

DO]/BOP/WRO/LEGAL

investigatio,n has not revealed any evidence indicating that the inmate had informed either
defendant of the inmate's ~mended sentence which shortened her sentence from 28 mon'ths
to 18 months.
Fottler v. Morton, C\'-S-94-0964 (D. Nevada)
58.5 million FfCAlBivens suit by inmates for exposure to asbestos. Plaintiffs have rued
motion to substitute US for deceased defendant and US Attorney wi}] ask Court to require
defendants to choose either Bivens or FfCA remedy.
.

RELIGION
The fo11ov.ing are the new rt:1igious cases for this month along with a brief summary of
existing religion cases. Rabbi Abraham Low v. \\'arden Tavlor is not included in this list but
was previously reponed in both the I?istrict Court and the Ninth Circuit Court of Appeals.
Allen Parr v. Patrick Keohane. et al., CV 95·1383 (C.D. California)
Plaintiff alJeges that staff wrongfully denied his request to practice religion based on white
supremacy. Plaintiff requested that the BOP recognize the Church of. the Creator as a
religion and sought permission to have weekly services. Staff denied plaintiffs request as
the beliefs were racially inflammatory, particularly given the inter-racial, inter-faith chapel.
The institution did offer to provide special clergy visits in the Visiting Room and religious
materials for plaintiffs personal use.

(l

Collins v. Crabtree, CV 93-1154 (D. Or.) The inmate alleges that he was selectively
disciplined for supposed involvement in the riot at Fe! Sheridan in September of 1993 due
to his race and religion (Muslim). He also states that he was denied access to personal
property and the courts as a result of being placed in the special housing unit.
Muhannad (Austin) v. C.E. Floyd, CV 94-1077 (D. Ariz.) The inmate alleges that Bureau
of Prisons staff refused to recognize his religious name, opened his legal mail outside of his
presence, and denied him due process duri,ng his placement in administrative detention.
Gainey v. Reno. CV 93-809 (D. Ariz.) The plaintiff is a BOP employee claiming that he was
discrinlinated against for his Native American religiOUS practices. The pJaintiff, a
correctional officer~ requested that he be allowed to participate in a sweat lodge ceremony
with Native Alller"ican inmates while ·still employed with the BOP. His request was denied.
The Government's Motion for Partial Summary Judgment on the Sweat Lodge issue was
denied as to disparate treatment vis..a-vis other religions.
Edward I.X. (Ford) v. Bureau of Prisons, CV 95·1811 (C.D. Ca).) The inmate aJleges that
members of the Nation of Islam are not aHowed to practice their religion freely. The case
arose out of an incident on July 23 1994, in which Ford was placed in special housing for
encouraging a group demonstration during a meeting of the Na~ion of Islam at USP

Lompoc.

(~
.....

.

MEJ)JeAL MALPR.4CTICE TORT CLAIMS and LITIGATJON REFERENCING GAO REPORT
ON AGENCY !tIED/CAL CARE:

None
3049

51082134818

I:.:J /BOP /WRO/LEGFIL

l'tH 1~..J

:;t..J

None
MISCElJ.,.ANEOUS MATTERS:

u.s. y. Boyd, et a1 District of Oregon
Criminal prosecution of inmates for destruction of government property in the 9/93
disturbance at FeI Sheridan began April 11th in Portland, OR. Attorney Mary Sullivan
assisted U.S. Attorney at trial. One conviction resulted with two inmates acquitted. Witness
ability to identify the defendants was in issue.

u.s. v. FUkjns (C.D. California)
Defendant found guilty for murder of inmate' Alva Ray at USP Lompoc, sentenced on 5/1/95
to life without parole.
USP Lompoc Legal Department hosted the pilot review team for a test review under the
proposed LegaJ Program Review guidelines~
ENVlROlv!tlEl{TAL MATTERS:

()

FeI Phoenix is negotiating, with Regional and Central Office assistance, 'an alternate form
of agreement in place of the proposed consent order from the Arizona Department of
Environmental Quality concerning the backflow of the water system.

3050

~..J •• ,

.

5108034818

• STATISTICS 4-'
FEB
JAN

( ...

ltlAR

APR

48

53

70
0

51

20

48
S9
3

/59

lSI

129
2

132-

49

89

Closai
Recol1Siderwi

Pending

DOJ/BOP/WRO/LEGRL

"IM I

JUAY

JUN

JUL

AUG

SEP

OCT

NOY

TOTAL

~..J

"j..J

DEC

Z

8
6
4
• PhJ~~QI COunJ 'prifirmed wiJh dala bASe.

()l;fr 6 .'tlo.

Jm-estigulllJII,,s Pending Over 60 Days:
LOS
DUB Lt»1 LOF
1
0
3
0
0

NEL
0

PHX
11

SAF

SDC
0

SHE
11

TRM

TeN

0

5

0

31

FOIlPA:

JAN

FBB

MAR

APR

MAY

JUN

JilL

AUG

$EP

OCT

NOY

DEC

R,"i~ed

28
36

33
48
68

54
3l

26
28

90

88

3S

28

32

BRN

Closed
Pending
O>;tl 30

83

dals

46

FOJIPA Pending Mort lluln 30 Days 03131195:
BRN DUB LOM LOF LOS
0

• Does

C.',. ·

JAN
70

f!,m~!J·

Oprn

PHX

SAF

SDC

SHE

TRM

TeN

TOTAL

0

0

0

1

0

0

2

4

1

14-

FEB

~~IAR

JUN

JUL

AUG

SEP

OCT

NOV

87

APR
74

},!A.y

96

JAN

FEB

APR
J8S

JUN

JUL

AUG

SEP

OCT

310
20
9

J
1
1

MAR
J8S
20
1
3
9
I

MAY

359
1.5

9

5

17

lib' include inmDJes truns/erred Qut of RegiDn or CCM's.

drl.mlnl:r.l!l!!i~·e

'...

NEL

4

2

C4,)l:.f:

N,.,.· Cases:
He

FTC..
BivfIU
OIM

Closul

RemuJiJ!s:

11
0
J

J
9

17
9
2
6
0

(9
3051

DEC

NOY

DEC

J...J. ~~

,,-

UNITED STATES GOVERNMENT

MEMORANDUM
FEDERAL BUREAU OF PRISONS
WESTERN REGIONAL OFFICE
DUBUN, CAUFORNU 94568

10:

WALLACE H. CHENEY,

~~

Assistant Director/General Counsel

CASES OF INTEREST ~~

SUPREME COURT MATrERS:

c

Lewis v. Casey (9th Cir. 1995) - Court granted certiorari to determine whether the Ninth
Circuit order concerning inmate access to legal materials and legal assistance in the Arizona
Department of Corrections exceeded the constitutional requirements set out in Bounds v.
Smith.

NINTH CIRCUIT MA7TERS:
Rabbi Abraham Low v. Larry Taylor The Government filed its brief on the only issue before
the Ninth Circuit in this expedited matter, that is, whether the District Court properly denied
injunctive relief due to plaintiffs failure to exhaust. Petitioner claims that RFRA does not
require exhaustion of remedies.

DISTRICT COURT MA7TERS:
United States v. Darnell Garcia, Criminal matter (C.D. California)
Case preViously reported, declaration on behalf of BOP concerning treatment provided.
Hearing to be calendared for next month.

0.,
,

-

Edward Jones v. Seifert, CV-95-0949-WMB (C.D.California)
Inmate claims staff at MDC Los Angeles have assaulted him, subjected him to cruel and
unusual punishment with respect to the conditions of confinement, and have interfered with
his access to the courts. Inmate claims this is in retaliation for unflattering picture of BOP
painted in his book "Hacksaw", which was pubJished and is currently in development for a
film. Plaintiff is represented by counsel and seeks monetary damages in unspecified a~ounts
from the various individual defendants.
3030

Jerry Hildum v. USA CV 95-0233-PA (D. Oregon)
FTCA action alleging negligence by BOP in failing to protect inmate from sexual abuse by
PA who allegedly provided hormones to inmates in exchange for sexual favors. Criminal
investigation in Phoenix is ongoing.
Kalka & Mitchell v. Megathlin (D. Arizona)
Evidentiary hearing beld on Kalka's claim that the BOP was transferring him for retaliatory
purposes. Chief Judge Browning noted Kalka's propensity towards "recreational litigation"
and acknowledged the BOP's authority to transfer inmates. Kalka was transferred to
Sheridan that day.

u.S. v. John Kennedy. (C.D. California)
Criminal prosecution for attempted escape is scheduled for June 6, 1995.
REliGION:

There are no new cases on religious issues this month.
MEDICAL MALPRACTICE TORT CLAIMS andLITIGATION REFERENCING GAO REPORT
ON AGENCY MEDICAL CARE:

None
SETI'LEMENTS:
Ruster v. Hayes (N.D.California)
Case previously reported. Inmate claims Ju was denied opportunity to make a telephone call to
his mother or lu!r physicitln wlu!n Iu! was placed in SHU. Mother was critically ill at tlu! time.
Former AUSA offered plaintiff $10,000.00 without tJu agency's knowledge. Now during
mandatory settlement conforence, plaintiff sought placement in a halfway house in addition to the
$10,000.00. We declined and the case will settle/or the $10,000.00 payment. AUSA Mark St.
Angelo.
MISCELLANEOUS MA7TERS:

FeI Phoenix was involved in the arraignment, preliminary hearing and identity hearing for
Steve Colbern, accused of involvement in the Oklahoma City bombing.
USP Lompoc received court orders for involuntary testing and treatment of two inmates for
Tuberculosis and Hepatitis.
ENVIRONMENTAL MAITERS:

FCI Phoenix is drafting a carpool plan in compliance with County regulations.

3031

.
~~ STATISTICS ~~
FEB
MAR
JAN
48
49
48
/t,.,d/
59
70
89
20
3
0
Reconsidered
Pending
lSI
159
129
8
Over 6 Mo.
4
2
• Physical count colffJl7lU!d with database

t~u-

MAY
64
62
2
136
2

JUN

JUL

AUG

SEP

OCT

NOV

53
51
2
132·
6

Investigations Pending Over 60 Days:
DUB LOM LOF LOS
0
20
0
0
1

NEL
0

PllX
10

SAP
1

SDC

2

SHE
1

TRM
8

TCN
0

TOTAL
43

JAN

MAR

APR

JUL

AUG

SEP

OCT'

NOY

DEC

26
28
88

MAY
35
32
91
3S

JON

54
32
90
28

SAP

SDC
0

SHE
8

TRM
10

TCN
1

TOTAL
31·

BRN

FOI/J'A:
Received
Closed
Pending
Over 30 days

28
36
83
46

FEB
33
48
68
3S

APR

32

FOI/PA Pending More tlum 30 Days 05/31/95:
BRN DUB LOM LOF LOS NEL PHX
6
0
0
0
1
3
1
•Does 1UJI include in11Ulles transferred out 0/ Region or CCM's.
Administrative Remedies:
MAR
FEB
JAN
' 81
10
96

~)iDn:
'~'Y

-

.
Cases:

New Cases:
HC
FTCA
Bivens
Other
Closed

JAN
359
15
11
0
3
1
9

FEB
370
20
9
3
1
1
9

1

MAY
17

JUN

JUL

AUG

SEP

OCT

NOV

14
MAR

APR

JUL

AUG

SEP

OCT

385
11
9
2

MAY
405
31
14
3
13
1
11

JUN

385
20
1
3
9
1
5

APR

6

0
11

o
3032

DEC

DEC
NOV

DEC

,-

UNITED STATES GOVERNMENT

'"

MEMORANDUM
FEDERAL BUREAU OF PRISONS
JYESTERN REGIONAL OFFICE
DUBUN, CALlFORNU 94568
DATE:
IB'LY1D
ATlNa::

July 7, 1995
l

-;

A

1..1 {foiJv.....

~ ~ENN

Remonal Counsel
SlIlB:T:

10:

Monthly Report for June 1995
WALLACE H. CHENEY, Assistant Director/General Counsel

~~

~

.'

CASES OF INTEREST .... ~

NINTH CIRCUIT MA.1TERS:

USA v. Reggie Neon Brown (1995 WL 364533)(D.Oregon)
Court held that the double jeopardy bar does not preclude criminal prosecution for an
incident where prison authorities have also taken administrative disciplinary action. The
Ninth Circuit distinguishes the Supreme Court decision in US v. Halper, where the court
stated that a civil forfeiture of proceeds from a criminal activity was barred by double
jeopardy where the individual has also suffered criminal prosecution for the underlying
activity.
DISTRICT COURT MA7TERS:
United States v. Dame]) Garcia, Criminal matter (C.D. California)
Case previously reported, declaration on behalf of BOP concerning treat~ent provided.
Judge is not convinced that the Bureau of Prisons has produced all the relevant materials
and is threatening to reduce inmate's term from 65 years to 18 years if the Bureau does not
produce the remaining records. Court is requiring the defendant to specify exactly what
records they claim are missing. A further hearing is set for September.

u.S. v. Corey Treadwell, (C.D. California)
Criminal prosecution for possession of a sharpened instrument at USP Lompoc is scheduled
for July 28, 1995.

3009

u.s. v. Long, CR 95-0314 (C.D.California)
Criminal prosecution for conveyance of a weapon at USP Lompoc. Jury deliberated for 15
minutes before returning guilty verdict. Sentencing scheduled for September 9, 1995.

U.s. v. Bernard, CR 95-0090 (C.D. California)
Criminal prosecution for assault on inmate at USP Lompoc. Delayed due to illness of judge.
Scheduled for July 5, 1995.
Kevin Hill v. BOP, (D. Arizona) .
FfCA case filed against PHX due to injuries Hill suffered in assault on him by other
inmates during an inmate softball game. Negligence based on failure to protect or to
provide adequate staff supervision. Jane Haschemeyer is working on case with AUSA Roger
Dokken. On June 14 AUSA Dokken met with staff and tou:red relevant areas of the
institution. DO] has granted AUSA authority to plead discretionary function defense with
regard to the issue of minimized staffing on the day of the assault.
Salles v. Pendleton, CIV 95-0304-TUC (D. Arizona)
Court held evidentiary hearing June 23 on this habeas matter \vhere inmate was challenging
placement in SHU at Tucson. Placement based on security needs due to inmate's plot to
effect escape from LA County Jail and his vast financial resources. Coun understood the
BOP reasoning behind the placement. Inmate designated to Sheridan, however, cannot be
transferred due to subpoena for testimony in another matter. Court approved BOP holding
inmate in SHU until transfer. Tom Byron handling.
,.
Jackson v. Crabtree, CV 95-0387 (D. Oregon)
FTCA action where inmate claims two gold rings were lost by BOP staff. Inmate seeking
$150 or return of the rings. Telephonic trial scheduled for August 15, 1995.
RELIGION:

There are no new cases on religious issues this month.
MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO REPORT
ON AGENCY MEDICAL CARE:

None to report.
SE7TLEMENTS:
None to report.

MISCELLANEOUS MA1TERS:

Matt Carney travelled to Washington D. C. to prepare and assist Dr. Moritsugu at the
deposition in Ramirez-Pacheco v. Reno scheduled for July 6, 1995. This is an EEO case
filed by a former physician over his treatment at USP Lompoc, transfer to USP
Leavenworth, and subsequent treatment at that facility.
The City of Phoenix is interested in annexing the Fe!.
3010

ENVIRONMENTAL MATIERS:
The above-ground fuel t~nks at USP Lompoc have been inspected and approved by the
California Regional Water Control Board. The underground fuel tanks were emptied and
sealed in place. The underground tanks were inspected and approved after sealing by the
Santa Barbara County Environmental Health Service.

..

3011

,

~.

STATISTICS ~~

Tort Cltlims:

~ved

JAN

FEB

MAR

APR

MAY

JUN

49
89
20
159

48

48

53
57
2
132·

64

82

62
2

59
2
161
2+

70
59
3
0
151
129
8
2
Over 6 Mo.
4
•Physical count conjU7TU!ll wiJh dalabase

nsidered
'pending

6

136
2

JUL

AUG

SEP

OCT

NOY

DEC

+Awailing investigation from OlA. Jor OIlS & other forwarded from another region after 6 mo. Iuul expired
Investigations Pending Over 60 Days:

BRN

DUB

LOM

NEL

PHX

1

20

LOF
1

LOS

0

0

0

3

JAN

FOllPA:

Received
Closed
Pending
(hu30 days

SAP·
0

SDC

SHE

TRM

0

2

TCN
0

TOTAL

1

JUL

AUG

SEP

OCT

NOY

DEC

35

/UN
37
34
94
39

NEL

PIlX

SAP

SDC

SHE

1

7

TRM
7

TCN
0

TOTAL

1

JUL

/.UG

SEP

OCT

NOV

JUN

JUL

AUG

SEP

OCT

FEB

MAR

APR

MAY

28

33

S4

36
83
46

48

32

35
32

68
35

28

26
28
88
32

90

91

28

FOr/PA Pending More than 30 Days 05/31/95:
BRN

DUB
2

LOM

LOF

LOS

6
2
0
0
3
·Does not include inmates trans/en-ed oUl of Region or CCM's.

1

.-

Administrative Remedies:

JAN

MAY

JUN

77

94

MAR

APR

385

385
17

MAY
405

FEB

JrIAR

APR

96

87

74

JAN

FEB

359
15
11

370
20
9

FTCA.
Bivens

0
3

3

Othu

1
9

70

Otw~
en Cases:
New Coses:
He

Closed

30·

20

7
3

9

9

2

7
1

1

6
0

9

5

17

31
14
3
13
1
11

415
15
5
2
7
1

5

3012

DEC

NOV

DEC