(

u.s. Department of Justice

\

Federal Bureau of Prisons
Dublin, California 94568

February 6, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/

GENERAL COUNSEL, GENERAL COUNSEL
FROM:

SUBJECT:

&

REVIEW

Harlan W. Penn, Regional Counsel
Monthly Report for January 2001
LITIGATION

3621(e) CASES
Field staff report providing additional assistance to USAO in
response to the Supreme Court's decision in. Lopez vs. Gomez.
NEW CASES (Non 3621(e»

Barroca VS. Benov, et ale - (DUB/WXR) Bivens complaint seeking
also injunctive relief, complains of transfer from DUB to North
County Jail. Interlaces access to cou~t, retaliation, and
medical care issues.
Felix-Gutierrez vs. Adams - (LOM) Habeas petition contesting
denial of good time and inability to work during first three
years of incarceration.
Hood vs. Pontesso - (P~X) Habeas petition by parolable inmate who
is currently held beyond reI ease date due to lack of acceptable
release plan.
Kellotat vs. Fitzmaurice, et ale - (LOM) Bivens complaint
alleging multiple claims such as due process violation on
placement in SHU, First Amendment violations, retaliatory
transfer, intentional infliction of emotion distress and wrongful
identification as member of disruptive group.
Keener vs. Jusino classification.

(SET) Habeas petition contesting

4038

(
".

Laster vs. Adams - (LOM) Habeas petition contesting denial of
jail credit.

(

Ma.cMillan vs. Pontesso - (PHX) Habeas petition challenging DHO
decision.
Parsons vs. Hood - (SHE) Habeas petition contesting lack of
medical care and seeking home confinement so he can obtain care
of his choosing.
Root vs. United States, et ale - (LOS) Bivens/FTCA complaint
alleging lack/denial of medical care at various institutions
after slip and fall at LOS in December 1995.
United States vs. Castro - (TCN) Habeas petition by Arizona state
inmate requesting designation to federal facility in order to
have state and federal sentences run concurrent.
Walker vs. Adams - (LOM) Habeas petition challenging DHO action.
SIGNIFICANT DEVELOPMENTS/APPEALS

Burzynski vs. Bailey - (SAF) Previously denied habeas petition
seeking compliance with alleged plea agreement regarding
designation dismissed by Ninth Circuit on account of
petitioner/appellant's failure to comply with filing
requirements.
Christoferson vs. Hood - (SHE) Bivens complaint by former FCI/FPC
Sheridan inmate seeking to visit his son currently incarcerated
at FCI Sheridan dismissed without prejudice on agreement of
parties to allow periodic, special visits.
Ford vs. Pontesso - (PHX) Court dismissed § 3621(e) habeas
petition seeking year off. Petitioner ineligible due to 2 point
weapon enhancement.
Gray vs. Pontesso - (PHX) Habeas petition challenging length of
CCC placement denied by court.
Holmes vs. United States - (SOC) During mandatory settlement
conference, plaintiff indicated he would dismiss case if u.s.
would waive all terms of court-ordered probation and $6,000
criminal fine. Judge told plaintiff request was improper and
that it raised serious doubts as to why case was filed in the
first place. 'Pre-trial conference calendered for February 14
2001.

'

Goldstein vs. u.S. Parole Commission - (LOS) Case dismissed with
prejudice pursuant to stipulation between parties.

Resnick vs. Adams - (LOS) Settlement offer of $5,000 accepted in
4039

Cas'e und~r<' FTeA. Bi vens act ion against
individual defendants to be dismissed.

,me~ic:al:; ma:lp'ra'cticte'"

Rivero-Proenza vs. Reno, et ale - (LOM) Habeas petition by INS
detainee contesting placement in high security institution has
been transferred to Eastern District of Texas for further
proceedings.
Salameh vs. Carlson, et ale - (LOM) (Bivens complaint alleging
excessive force.) Motion for Summary Judgement granted in part,
denied in part. Two defendants and 8th Amendment claims
survived. Pre-trial conference set for March 6, 2001.
Smith vs. Graham County Jail, et al. - (SAF) Bivens complaint
alleging staff failed to assist him with legal matters while
housed in county j ail dismissed wi thout prej'udice.
Spaan vs. Stidum - (SAF) Lower court's dismissal of Bivens
complaint regarding custody classification affirmed by Ninth
Circuit.
Woods vs. Rivera - (SAF) Habeas petition contesting
denial/revocation of CCC placement dismissed by court.
CRIMINAL CASE TRACKING

-C-r-i-m-i-n-a-l-C-a-s-e-s---------------------------------Ie
FEB MAR
APR MAY JON JUL AUG SEP OCT NOV DEC
JAN
Referred 15
Accepted 0
Declined 12
59
Pending
Decision

NEW INFORMATION ON ACTIVE PROSECUTIONS
ASSAULT

United States vs. Berry and Fink - (SHE) Inmate on inmate assault
trial scheduled for June 2001.
United States VS. Guthrie - (PHX) Inmate in staff assault case pled
guilty to Assaulting Federal Officer. Sentencing scheduled for
March 19, 2001.
United States vs. Mendoza-Aguilar - (TCN) Inmate on staff assault
trial date scheduled for February 27, 2001.
United States vs. Milton, et al. - (LOM) Against defendant Milton,
jury returned guilty verdict of Assault on Federal Officer with
Intentional Striking (lesser included offense of charged crime 4040

Assault with Deadly Weapon), not guilty on charge of Conspiracy to
Assault. Severed trial of Krause soheduled for February 27, 2001.

united States vs. Rowe, et ale - (LOM) 1995 riot case dismissed due
to problems with witness statements caused by delay in prosecution.

(

CONTRABAND

united States vs. Kumar - (LOM) After appointment of new counsel,
trial set for March 27, 2001.
STATISTICS

ADMINISTRATIVE REMEDIES
APR
MAR
FEB
JAN

MAY

SEP

AUG

JUL

JUN

OCT

NOV

DEC

98

FREEDOM OF INFORMATION/PRIVACY ACT:
APR MAY
FEB MAR
JAN
RECEl:VED
CLOSED
PENDl:NG
30 DAYS
6 MONTHS
APPEALS

('""

~.

JON

JUL

AUG

SEP

OCT

NOV

DEC

43
37
38
0
0

3

* Wa~t~ng for records from Arch1ves.

FOI/PA PENDING MORE THAN 20 DAYS:
DUB

LOF

0

0

LOM
0

LOS

NEL

PBX

SAF

SDC

SET

SHE

TCl:

TCN

Tm(

VIM

TOTAL

a

0

0

OCT

NOV

DEC

0

a

0

0

0

0

0

0

0

JAN

FEB

MAR

APR

MAY

JON

JOL

AUG

SEP

LITIGATION:
476

OPEN AT
BEGJ:NNING
OF MONTH
NEW CASES
RECEIVED
BC

8

!'TCA

0

Bl:VENS

3

OTHER

0

CLOSED

8

11

4041

PENDING AT
END OF
MONTH
LITIGATION

I

479
r

7

REPORTS

COMPLETED

ADMINISTRATIVE TORT CLAIMS
RECEIVED
CLOSED
RECONSIDER
PENDING
OVER 6
MONTHS

JAN
40
45
0

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

98
0

Tort Claim Investigations Over 60 Days:
DUB

LOF

LOM

LOS

0

0

0

0

NEL
0

PBX
0

SAF
0

SDC
0

SET
0

SBE
0

TCI
0

TCN
0

TBM
0

VIM
0

TOTAL
0

(.

4042

u.s. Department of Justice

(

Federal Bureau of Prisons

DubOn. Caifomia 94568

March 6, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

~~
IJ.?s..tVl-\.,
Harlan W. Penn, Regional

SUBJECT:

Monthly Report for February 2001

Counsel

LITIGATION

3621 (e) CASES

(~...

No new petitions.
NEW CASES (Non 3621(e»

StlR[At:'" "R!Sl'NS

OGCIlITICv1 ~

.-.~ ;'f,:.V~CH

Hsia v. Barron (LOF) Petition for Writ of Habeas Corpus seeking
jail credit allegedly wrongfully denied.
Castillo v. United states (SDC) FTCA/Bivens complaint alleging
assault by arresting authorities and denial of adequate medical
care while incarcerated.
Rosas v. Trammel (NEL/WXR) Petition for Writ of Habeas Corpus
seeking credit for time spent while on writ.
Rose v. Adams, et al. (LOM) Bivens action by inmate alleging
sexual harassment by staff.
united States v. Huerta (TCN) Petition for Writ of Habeas Corpus
by Arizona DOC inmate seeking service of sentence in federal
custody although primary jurisdiction appears to properly lie
with state. Hearing scheduled for March 8, 2001.
SIGNIFICANT DEVELOPMENTS/APPEALS

(.

Adams v. Boston, et al. (SHE) Bivens complaint alleging failure
to protect dismissed by court after plaintiff withdrew complaint.
1

4047

Garofalo v. United States, Bureau of Prisons (SAF) Complaint
alleging former inmate did not receive required surgery prior to
release was dismissed by court.

(..'"

Glasner v. United States (SHE) Mediation of slip and fall FTCA
action resulted in settlement of' $65, OOO·~.
Gray v. Pontesso (PHX) Petition for Writ of Habeas Corpus seeking
maximum CCC placement dismissed by court.
Holmes v. United States (SDC) Two days before scheduled pre-trial
conference, inmate agreed to dismiss case. Court dismissed case
in entirety with prejudice. Complaint alleged inadequate medical
care after fall while accessing top bunk.
Pacheco-Camacho v. Hood (SHE) Petition for Writ of Habeas Corpus
decided by Ninth Circuit denying request for GCT on sentence of
less than one year and one day. Parties had stipulated in
district court to seek ruling by Ninth Circuit.
Reyes v. United States, et ale (SDC) Settlement conference
unsuccessful in case alleging inadequate medical care. Discovery
and other pre-trial proceedings to commence.
Rogers v. Bureau of Prisons (PHX) Bivens complaint alleging
withholding or delay of legal mail dismissed by court. Original
complaint alleging multiple claims of visitation denial,
retaliation, disciplinary action against multiple defendants had
been pared down to single defendant and single issue.
Salameh v. Carlson, et al. (LOM) Bivens complaint culled to two
defendants and 8th Amendment claims. Pre-trial conference set
for March 6, 2001, for trial preparation.
Smith v. Graham County Jail (SAF) Bivens complaint alleging
denial of personal legal files and library access while at county
jail dismissed by court without prejudice.
Smith v. T'Kash (PHX) Bivens complaint by WITSEC inmate
complaining he is not eligible for education programs offered to
inmates in general population has been dismissed without
prejudice for failure to exhaust administrative remedies.
Vander v. United States (SAF) Ninth Circuit ordered appointment
of counsel to inmate pursuing Demko case and asked whether or not
Wooten v. United States, 825 F.2d 1039 (6th Cir. 1987) applies.
AUSA was provided information advising that Wooten had unique
facts and Sixth Circuit does not appear to allow a cause of
action for inappropriate medical care following work accident.
Vu v. Hood (SHE) Petition for Writ of Habeas Corpus seeking
3621(e) eligibility notwithstanding INS detainer dismissed as
moot. INS lifted detainer rendering subject eligible.
2

4048

(
.

Woods v. Rivera (SAF) Petition for Writ of Habeas Corpus
complaining of return to closer custody and loss of 3621(e)
eligibility as a result of use of alcohol while at CCC was
dismissed by court.
3621(e) cases at SET/SHE are under review to formulate unified
response to Federal Public Defender's argument relating to APA.
CRIMINAL CASE TRACKING
,

.. ...

c. .

...
. ...

Criminal Cases

...

JAN

FEB

Referred

15

17

Accepted

0

3

Declined

12

9

Peneling
Decision

59

64

NEW

IN~RMATION

MAR

APR . MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

ON ACTIVE PROSECUTIONS

ASSAULT

United states v. Dustin Guthrie (PHX) Inmate on staff assault on
December 8, 1999, scheduled for sentencing March 12, 2001. Inmate
pled guilty to assaulting officer January 11, 2001.
United States v. Mendoza-Aguilar (TCN) Inmate on staff assault trial
continued to May 15, 2pOl.
United States v. Ponce-Hernande= (TCN) Previously reported trial
date for inmate on staff assault has been canceled. No new trial
date received.
United States v. Milton, et al. (LOM) Inmate on staff assault trial
of Krause rescheduled for April 2001.
HOMICIDE

United States v. Green (LOM)

Trial date set for May 29, 2001.

CONTRABAND

United States v. Hankey (LOM) Inmate pled guilty to possession with
intent to distribute. Sentencing hearing set for April 30, 2001.

3

4049

OTHER

United States v. Newman (LOS) Supreme Court denied certiorari in
case involving inmate's request for credit for time spent in halfway
house as condition of release pending trial and sentencing.
Prosecutor will seek order with self-surrender date to allow Bureau
to· designate inmate for service of remaining six months of sentence.
District Court Judge originally decided Koray was inapplicable due
to its wrongful retroactive application.
STAFF

United States v. Donaldson (DUB) Recreation Specialist released on
$100,000.00 bond following his arrest for sexual abuse of a ward,
accused of having sex with at least four female inmates.
United States v. McKnight (PHX) Retired Assistant Food Service
Administrator accused of engaging in sexual acts with inmate
scheduled ,for trial March 13, 2001.
STATISTICS
..

:

... ...

...

ADMINISTRATIVE REMEDIES

..

'"

JAN

FEB

98

67

. ...... .....

APR

MAR

MAY

.ruN

AUG

JUL

OCT

SEP

NOV

DEC

......

FREEDoM OF INFORMATION/PRIVACY ACT:

...

JAN

FEB

RECEIVED

43

35

CLOSED

37

30

PENDING

38

43

30 DAYS'

0

1

6 MONTHS

0

0

APPEALS

3

6

MAR

APR

MAY

JON

JUL

AUG

........

SEP

OCT

NOV

FOI/PA PENDING MORE THAN 20 DAYS:

..

DEC

,-

.. -.

DUB

LOF

LOM

LOS

NEL

PBX

SAF

SOC

SET

SHE

Tel

TCN

TRM

VIM

TOTAL

0

0

0

0

0

0

0

0

0

1

0

0

0

0

1
i\

4

4050

LITIGATION:

, ,

(

"

f

\. .....

JAN

FEB

OPEN AT
BEGINNING
OF MONTH

476

479

NEW CASES
RECEIVED

11

5

HC

8

3

FTCA

0

0

BIVENS

3

2

OTHER

0

0

CLOSED

8

11

PENDING AT
END OF
MONTH

479

473

LI.TIGATION
REPORTS
COMPLETED

7

8

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

~

,

.

, ...
..

ADMINISTRATIVE TORT CLAIMS

... ....

JAN

FEB

RECEIVED

40

26

CLOSED

45

33

RECONSIDER

0

0

PENDING

98

91

OVER 6
MONTHS

0

0

MAR

APR

JON

MAY

JUL

AUG

SEP

OCT

I

\
.

.. ..

::;:

,

.!.::,"

DEC

NOV

......... ... ,.
,.-

Tort Claim Investigations OVer 60.DaYs:
f')UB

.

0'

••••• ,

-,.

•••••••

LOF

LOM

LOS

NEL

PHX

SAF

SDC

SET

SHE

TCI

TCN

TRM

VIM

TOTAL

o

o

o

o

o

o

o

o

o

o

o

o

o

o

"~==================================================d=====~======~
5

4051

u.s. Department of Justice
Federa1 Bureau of Prisons

Dublin. California 94568

April 5, 2001
MENORANDOM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:
SUBJECT:

Harlan W. Penn, Regional Counsel
Monthly Report for March 2001
LITIGATION

NEW 3621 (e) CASES

Williams v. Herrera, (LOM) Inmate's 3621(e) date removed after
RDAP staff assessed inmate did not reside in "pure" RDAP housing
unit.
Dario Smith v. Hood, (SHE) Inmate denied early release due to
California Penal Code § 245.
NEW CASES (Non 3621(e»

Harrell v. Penn, (SET) FTCA action concerning lost property in
which individual defendants are named.
Lange v. Palmateer, (SET CLC) Case by state inmate during which
he subpoened BOP records, and BOP objected. A hearing is
expected.
In re: Pugachev, (SET) Petition filed and granted to force feed
inmate on hunger strike. Inmate was forced fed.
Kent Smith v. United States, (SHE) FTCA complaint alleging
medical negligence. Administrative claim not yet exhausted.

Taylor v. Federal Bureau of Prisons, (WXR) Petition for Writ of

4066

/

\

\.

Habeas Corpus complaining of discrepancies in discipline process
during which inmate was removed from CCC and returned to closer
custody. Inmate also alleges loss of 3621(e) eligibility.
(

Hodge v. Herrera, (LOM) Inmate alleges due process violation when
DHO did not call requested witnesses.
Halsey v. Adams, (LOM) Inmate alleges deliberate indifference to
medical ~eeds.
Fortes v. Herrera, (LOM) Inmate contesting disciplinary action
that originated from FCI Allenwood.
John Smith v. Kathleen Hawk Sawyer, (PHX) WitSec inmate complains
about television, education programs, and food service.
Jose Balam Pech v. Warden Pontesso, (PHX) Inmate filed habeas
challenging DHO hearing in which he was ordered to pay
restitution for drilling holes in a cable box.
Sanders v. Trammel, (NEL) Inmate filed emergency motion for
"Continuat~on of Unrestricted Prepaid Telephone Time for
Incarcerated Pro Se Litigant". Inmate with pro se criminal
appeals and civil litigation, argues that the new phone
restriction violates his rights as he relies on telephone contact
to generate legal work.

('

United States v. Gomez, (District of Nevada) District Court
issued order for a second 4241 evaluation by local BOP
institution psychologist. Motion to Vacate the Order filed,
explaining to the Court the procedure for forensic studies set
forth in Psychology Service Manual, Chapter 9. Hearing on April
4, 2001, resulted in Court withdrawing the Order.
SIGNIFICANT DEVELOPMENTS/APPEALS

Estrada v. Alvarado, et al., (LOM, by LOS CLC) Inmate alleges
excessive force by staff in SHU. Favorable R & R has been issued
recommending summary judgement and dismissal with prejudice.
Moore v. Hedges, (Long Beach CCM, by LOS CLC) Inmate alleged
improper disciplinary action. District court has adopted
favorable R & R, dismissing petition with prejudice.
Resnick v. Adams, (LOM, by LOS CLC) Inmate alleged medical
neglect. Case sett~ed for $5,000.
Frias v. BOP, et ai, (SDC) Inmate alleged improper vaccinations,
failure to treat AIDS/Hep B/Hep C. Motion for summary judgement
was granted, and the case dismissed.

Reyes v. U.S. et ai, (SDC) Plaintiff alleged inadequate treatment
4067

of small cut on hand which later required surgery.
dismissed without prejudice on March 6, 2001.

Case

Cleveland v. Hood, (SHE) Inmate claimed biased DHO due to
different sanctions for different inmates for same conduct.
Court upheld DHO's decision and dismissed case.

(

Fugate v. Hood, (SHE) Court previously granted early release to
inmate, but Lopez now controls. A letter from BOP was sent
advising ~ourt that inmate's eligibility will be adjusted
pursuant to Lopez.
United States v. Huerta (TCN, by WRO CLC) Petition for Writ of
Habeas Corpus by Arizona DOC inmate seeking service of sentence
in federal custody although primary jurisdiction appears to
properly lie with state. Matter was dismissed by petitioner prior
to hearing scheduled for March 6, 2001, when AZ DOC agreed to
transfer inmate to a state facility closer to his family.
Mahler v. Gatten (SHE, by WRO CLC) Inmate with joint disease
alleged au. Amendment violation when staff failed to provide him
with lower bunk. 'Notice of Appeal filed in Bivens case to the
District Court Order denying qualified immunity.
Burridge v. Eric Krupp, et al (NEL) Inmate alleged various
Constitutional issues, e.g., asbestos and RFRA. Court of Appeals
affirmed dismissal of Bivens action.
Fottler, et al v. Morton, et al (NEL) Bivens case alleging
exposure to asbestos. Court denied defendant's Motion for
Summary Judgement or to Dismiss, and denied qualified immunity.
Court ordered government to respond to plaintiff's request for
jury trial, non-opposition filed. Order granting jury trial
issued March 30, 2001.
Woods v. Bailey, (TUC) Inmate challenged positive breathalyzer
test. Case dismissed due to failure to exhaust.
Gonzalez v Bailey, (TUC) Inmate challenged criminal sentence via
a 2241 petition, which was determined to be inappropriate.
Affirmed by Ninth.Circuit.
Heath v. Pendleton, (TUC) Habeas challenged DHO hearing, and
court found in favor of the BOP. Affirmed by Ninth Circuit.
Solano v. TXash, et al (PHX) Bivens cpmplaint alleging
interference with mail, was dismissed for failure to exhaust
administrative remedies.

Blum v. Hardin-Cassel, (PHX) Trial date set for June 26, 2001.
Former inmate claims she was assigned a job inappropriate due to
her medical limitations.
4068

(

Friedman v. u.s. BOP, (PHX) Summary Judgement denied in case
where inmate alleged staff showed other inmates SENTRY
information regarding the plaintiff.
Swan v. United States, et al (DUB) Bivens/FTCA case concerning
failure to protect/medical malpractice issues. Inmate alleged
psychologist failed to disclose information arising from session
that could have prevented attack by another inmate. Gov't
prevailed via Summary Judgement on qualified immunity grounds,
and on FTCA claim.
Barroca v. Benov, et al (DUB) Bivens case alleging retaliatory
actions and interference with access to attorney and the courts.
On March 15, 2001, Court granted plaintiff's request to amend
complaint.
CRIMINAL CASE TRACKING

Criminal Cases

(

JAN

FEB

MAR

15
0
12
59

17

14
2
9
38

Referred
Accepted
Declined
Pending
Decision

3
9

64

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

NEW INFORMATION ON ACTIVE PROSECUTIONS
ASSAULT

u.s. v. Dustin Guthrie, (PHX) Inmate struck Lt. In face with closed
fist. On 3/12/01, inmate sentenced to 37 months, and restitution of
$459.44.
u.S. v. Milton, et al., (LOM) Staff assaulted by two inmates with
razor. First inmate (Milton) convicted of assault in January 2001.
Inmate Krause's trial began on April 3, 2001.
u.s. v. Suarez, et al., (TRM) Indictment filed against two inmates
for assault in December 2000. Scheduled for trial on April 10,
2001, but likely to be continued.
HOMICIDE

None.
CONTRABAND

u.s. v. Juan Parrado-Herrera, (PHX) Inmate rec'd marlJuana and
heroin via visiting room on April of 1999. Trial scheudled for
4/3/01.
4069

OTHER

(

None.
STAFF

u.s. v. Ellison McKnight, (PHX) Retried staff is accused of engaging
in sexual relations with an inmate. Change of plea expected to be
entered on 4/12/01.
STATISTICS

ADMINISTRATIVE REMEDIES
JAN

98

FEB
67

APR

MAR

MAY

JUL

.ruN

AUG

SEP

OCT

NOV

DEC

104

FREEDOM OF INFORMATION/PRIVACY ACT:
APR MAY
48
RECEIVED
53
CLOSED
38
PENDJ:NG
0
1
30 DAYS
0
0
6 MONTHS
5
6
APPEALS
Wa1t1ng
for
records
from
Arch1ves.
*

JAN
43
37
38
0
0
3

FEB
35
30
43

MAR

.ruN

JUL

AUG

SEP

OCT

NOV

DEC

(

FOI/PA PENDING MORE THAN 20 DAYS:
DUB

0

LOF
0

LOM

LOS

0

SAF
0

SDC

0

NEL
0

PBX

0

0

SET
0

SHE
0

TCI
0

TCN
0

JAN
476

FEB
479

MAR

APR

MAY

.ruN

JUL

AUG

SEP

TRM
0

VIM
0

TOTAL
0

LITIGATION:
473

OPEN AT
BEGINNING
OF MONTH
NEW CASES
RECEIVED
BC

11

5

14

8

3

6

FTCA

0

0

2

BIVENS

3

2

3

OTHER

0

0

3

CLOSED

8

11

10

4070

OCT

NOV

DEC

i

I."

PENDl:NG AT
END OF
MONTH
LITIGATl:ON
REPORTS
COMPLETED

479

473

477

7

8

12

ADMINISTRATIVE TORT CLAIMS

RECEIVED
CLOSED
RECONSl:DER
PENDl:NG
OVER 6
MONTHS

JAN

FEB

MAR

40
45
0
98
0

26
33
0
91

43
23
0
111
0

0

APR

MAY

JON

Tort Claim Investigations Over 60 Days:
DUB LOF LOM LOS NEL PBX SAF SDC SET
0
0
0
0
0
0
0
0
0

(

4071

JUL

SHE
0

AUG

TCl:
0

SEP

TCN
0

OCT

'l'RM
0

NOV

Vl:M
0

DEC

TOTAL
0

(
u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

May 2, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:
SUBJECT:

Harlan W. Penn, Regional Counsel
Monthly Report for April 2001
LITIGATION

NEW 3621(e) CASES
Casarez v. Slade (VIM) Petition for Writ of Habeas Corpus
contesting 3621(e) ineligibility due to prior state conviction
for assault with a deadly weapon.
Fugate v. Hood (SHE) Petition for Writ of Habeas Corpus seeking
3621(e) eligibility notwithstanding 2 point weapon enhancement.
Court initially granted petition but now in light of Lopez, case
has been reopened.
Warden v. Hood (SHE) Petition for Writ of Habeas Corpus
contesting 3621(e) ineligibility, arguing Change Notice 3 was
retroactively applied.

NEW CASES (Non 3621(e»
Burrows v. Pontesso (PHX) Petition for Writ of Habeas Corpus
contesting DHO action which resulted in loss of 3621(e)
eligibility.
Gaiters v. Hood (SHE) Petition for Writ Habeas Corpus filed by
inmate under court ordered child support payments contests FRP
inclusion of such order.
Gallegos v. Slade (VIM) Petition for Writ of Habeas Corpus
contesting DHO action at Fer Big Spring.

4107

Godfrey v. Ashcroft (SET) FTCA complaint from former employee
seeking compensation for physical injuries sustained during
employment (inmate on staff assault) .

Parker v. Herrera (LaM) Petition for Writ of Habeas Corpus
concerning allegedly inadequate medical treatment of prostate
cancer.
Suva v. United Sta~es (LOS) FTCA claim seeking full compensation
of an administrative claim for lost property.
Investigation of
claim resulted in depreciated offer and inmate declined.
Taylor v. Hood (SHE) Petition for Writ of Habeas Corpus
complaining BOP violated his supervised release plan by not
sending him to halfway house at end of his sentence.
SIGNIFICANT DEVELOPMENTS/APPEALS

Bonderov v. Clark (LOS) Petition for Writ of Habeas Corpus
contesting 3621(e) ineligibility on account of prior manslaughter
without gross negligence conviction has been granted and matter
remanded to Bureau for reconsideration.
Carrillo v. Adams, Hawk (LaM) Bivens complaint alleging failure
to protect dismissed by 9t~ Circuit.
dismissed by lower court.

Underlying case previously

Castillo v. Uni ted States (SOC) Early Neutral Evaluation set for
June 18, 2001, in Bivens/FTCA suit alleging excessive force
during arrest and denial of adequate medical care afterwards.
Chasser v. Fitzpatrick (LaM) Ninth Circuit uphe~d lower court's
dismissal of Petition for Writ of Habeas Corpus alleging improper
denial of early release and CCC placement.
Davis v. Andrews (WXR/TCI) Habeas petition seeking transfer to
FCI McKean, previously denied by ED CA, was appealed by inmate to
9 th Circuit.
9 th Circuit affirmed lower court's decision.

Frank v. Hood (TCN) Petition for Writ of Habeas Corpus seeking
credit for time spent in county jail on federal detainer was
dismissed as moot.
Leiphardt v. Clark (LOS) Petition for Writ of Habeas Corpus
contesting incident report was granted by court, remanding matter
back to Bureau with directions to expunge file of original and
rewritten incident report and all related documents. Appeal
planned and AUSA concurs.
Mendoza v. Adams (LaM) Petition for Writ of Habeas Corpus
regarding sentence computation was voluntarily dismissed.

Parker v. Adams (LaM) Petition for Writ of Habeas Corpus seeking
release to Washington DC custody to serve remainder of concurrent
sentence dismissed in District Court. Mandate subsequently
4108

(.

issued by 9 th Circuit for failure to perfect appeal.

Parrish v. Bailey (SAF) Certificate of Appealability denied by
9 th Circuit.
Original petition challenged criminal conviction
via § 2241 petition contesting conditions of confinement.
Pitts v. Gill (LOM) Petition for Writ of Habeas Corpus contesting
DHO sanctions dismissed in District Court.
Ninth Circuit
dismissed action for failure to perfect appeal.
Renner v. Hood (WXR/SHE) Bivens complaint alleging denial of
dental care dismissed with prejudice.
Resnick v. Scott, et ale (LOM) Petition for Writ of Habeas Corpus
contesting DHO sanctions denied by District Court.
Ninth Circuit
dismissed inmate's appeal.
Smith v. Hood (SHE) Petitioner seeking 3621(e) eligibility which
was denied on account of aggravated assault conviction was deemed
eligible.
Smith V. Hood (SHE) Petition for Writ of Habeas Corpus contesting
DHO action dismissed in Warden's favor.
Solano v. TXash (PHX) Bivens complaint regarding use of
committed name dismissed for failure to exhaust administrative
remedies.
CRIMINAL CASE TRACKING

Criminal Cases
JAN
Referred 15
Accepted 0
Declined 12
59
Pending
Decision

FEB
17
3
9
64

MAR
14
2
9
38

APR
25
4
16
72

MAY

JON

JUL

AUG

SEP

OCT

NOV

DEC

NEW INFORMATION ON ACTIVE PROSECUTIONS
HOMICIDE

United States v. Green (LOM) Trial set for May 29, 2001.
ASSAULT

United States v. Bass (SHE)
on several staff.

Indictment expected for inmate assault

United States v. Escano (TeN) Inmate on staff assault resulting in
minor injuries accepted for prosecution.

4109

United States v. Mendoza-Aguilar (TCN) Inmate on staff assault trial
continued to May 15, 2001.

(

United States v. Milton, et al. (LOM) Jury returned guilty verdict
against inmate Krause for assaulting officer with deadly weapon
resulting in infliction of bodily injury.
Inmate Krause acquitted
of conspiracy.
Scheduled for sentencing on July 16, 2001.
Inmate
Milton's sentencing date is May 21, 2001, on January 26 conviction
of assaulting officer with intentional striking.
Inmate Milton also
acquitted of conspiracy.
United States v. Ponce-Hernandez (TCN) Arraignment in serious inmate
on staff assault case to be rescheduled due to failure to serve writ
on time.
United States v. Suarez, et al. (LOS) Two inmates pending May 15,
2001, trial for assaulting staff resulting in injuries have
potential plea agreements pending. Bureau approved plea agreement
available until May 1, 2001.
ESCAPE
United States v. Ceja (SDC) CCC escapee scheduled for sentencing
June 4, 2001.
CONTRABAND

(

United States v. Deguiar (SHE) Inmate currently facing prosecution
for introduction of narcotics.
United States v. Hankey (LOM) Inmate pled quilt to-possession with
intent to distribute.
Sentencing hearing continued to July 30,
2001.
United States v. Kumar (LOM) Trial continued to May 29, 2001.
United States v. Martinez (LOM) Inmate visitor arrested at USP by
FBI for smuggling drugs (24 balloons containing combination of
methamphetamine, heroin, marijuana). Currently being held at MDC
Los Angeles.
United States v. Pagan-Gonzalez (PHX) Inmate indicted for possession
of contraband (heroin).
United States v. Parrado-Herrera (PHX) Trial for possession of
contraband received from visitor scheduled for June 5, 2001.
United States v. Shirley and Moraga (SHE)
introduction of contraband.

Indictment in process for

United States v. Verwolf (SHE) Prosecution stayed pending outcome of
trial of similarly charged defendant.

4110

(

STAFF

United States v. Hagan (SDC) Former staff member scheduled for
sentencing on June 19, 2001, on charge of se,xual act with a ward.
United States v. McKnight (PHX) Retired Assistant Food Service
Administrator pled guilty to two counts of sexual abuse of a ward
and sentencing scheduled for June 26, 2001.
AUSA agreed to
recommend probation and if magistrate does not accept plea
agreement, defendant will be allowed to withdraw guilty plea.
United States v. Washington (SDC) Former staff member sentenced to
-three years supervised probation and 500 hours community service for
misdemeanor conviction of sexual act with a ward.
STATISTICS

ADMINISTRATIVE REMEDIES
JAN 1FEB
I MAR I APR

I MAY I JON I JUL I AUG I SEP J OCT 1NOV I DEC

98

1

167

I 65

1104

1

1

I

FREEDOM OF INFORMATION/PRIVACY ACT:
APR MAY JON
FEB MAR
JAN
RECEIVED
CLOSED
PENDING
30 DAYS
6 MONTHS
APPEALS

(

*Wa~t~ng

43
37
38

35
30
43

0
0
3

1

0
6

48
53
38
0
0

5
for records from

FOI/PA PENDING MORE THAN
DUB

o

JUL

I

/

AUG

SEP

I

l

OCT

NOV

DEC

32
33
37
4*
0
0
Arch~ves,

not

cons~dered

overdue.

20 DAYS:

I LOF J LOM I LOS I NEL I PHX I SAF I SDC I SET 1 SHE I TCl I TeN I TRM I VIM I TOTAL
jO
10 10 /0 /0 10 / 0 1 0 1 0 /0 10 1 0 10 10

LITIGATION:
JAN

MAR

476

FEB
479

473

APR
477

11

5

14

10

He

8

3

6

8

FTCA

0

0

2

2

BIVENS

3

2

3

0

OPEN AT
BEGINNING
OF MONTH
NEW CASES
RECEIVED

MAY

JUN

4111

JUL

AUG

SEP

OCT

NOV

DEC

u.s. Department of Justice

(

Federal Bureau of Prisons

Dublin. California 94568

June 4, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWiNE, ASSISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

Harlan W. Penn, Regional Counsel

SUBJECT:

Monthly Report for May 2001
LITIGATION

NEW 3621(e) CASES

(

Van Sickel v. Hood (SHE) Petition for Writ of Habeas Corpus
contesting 3621(e) ineligibility due to prior aggravated assault
conviction.
NEW CASES (Non 3621(e»

Berry v. Pontesso (PHX) Inmate sued for special spandex
underwear. District Court dismissed case without response from
agency. Inmate had been released from custody May 16, 2001.
Gonzales v. Slade (VIM) Petition for Writ of Habeas Corpus
seeking pre-trial jail time credit.
House v. Barron (LOF) Petition for Writ of Habeas Corpus
contesting DHO findings.
Resnick v. Pollock, et al. (LOS) Bivens complaint alleging
deliberate indifference to back, leg, and foot medical problems.

u.s. v. Ayala (SET) Defendant in criminal case filed motion for
injunction restricting BOP from housing him in SHU while trial is
pending.
u.s. v. Ferguson (SET) Court ordered BOP to house state inmate in
federal facility. Staff provided information for motion to
vacate order and explained potential options to court.
1

4121

u.s. v. Johnson (SET) Defendant in criminal case rece1v1ng four
month sentence filed motion to vacate sentence based upon belief
that SeaTac could not adequately treat his diabetes.
Court
held there is no evidence to indicate sub-standard care had been
provided and there was no reason to indicate SeaTac would give
other than the community standard of care.
Wilson v. Slade (VIM) Petition for Writ of Habeas Corpus
contesting 1995 DHO determination arising at USP Lompoc.
SIGNIFICANT DEVELOPMENTS/APPEALS

Baker v. United States (SOC) Bivens/FTCA complaint alleging
inadequate medical care and treatment of psychiatric condition
transferred to Southern District from Central District of
California. Plaintiff in separate action has sued the contract
psychiatrist.
Bilodeaux v. Fitzpatrick (LOF) Decision by District Court to
dismiss Petition for Writ of Habeas Corpus contesting 3621(e)
ineligibility affirmed. by Ninth Circuit.
Casarez v. Slade (VIM) After considerable wrangling by the USAO,
a response was filed in support of Bureau's position that
petitioner's prior California conviction for assault with a
deadly weapon precludes him from early release.
Castillo v. United States, (SDC) Bivens/FTCA complaint alleging
excessive use of force during arrest and inadequate medical care
afterwards scheduled for early neutral evaluation conference on
June 18, 2001.

(

Flowers v. Finnerly, et al. (LOS) As a decision has been made by
Central Justice that no criminal indictment will take place, the
stay is lifted a status report is due by June 4, 2001.
Foley v. United States (DUB) Bivens/FTCA action in which former
DUB inmate alleges BOP, FBI, and OIG failed to protect her while
she wore bQdy microphone during investigation of staff. All
Bivens defendants dismissed May 23, 2001. Case will proceed
under FTCA.
Fugate v. Hood (SHE) Despite Lopez decision, court ordered BOP to
enforce its earlier order which made petition 3621(e) eligible
despite two point weapon sentence enhancement. Case being
reviewed to determine if appeal is appropriate.
Jackson v. U.S. (DUB) FTCA action alleging staff allowed unsafe
condition in DUB housing unit (uncovered vent hole) resulting in
injury to leg settled for $1,500. Administrative claim sought
$15, 0 0 0 .

2

4122

\"

Mainard v. Fitzpatrick (LOF) Ninth Circuit reversed District
Court's denial of petitioner's Petition for Writ of Habeas Corpus
involving DHO findings. Ninth Circuit directed incident report
be expunged, GCT restored, and eligibility for 3621(e) release be
re-evaluated.

(

Rivero-Provenza v. Reno (LOM) Petition for
transferred to Eastern District of Texas.
illegal and unconstitutional conditions of
released by BOP·to INS. Petitioner argues
custody, rules, regulation, and procedures
prisoners.

Writ of Habeas Corpus
Petition alleged
detention after he was
he is kept under
intended for sentenced

Sherrod v. Rardin (LOM) Ninth Circuit reversed District Court's
denial of Petitioner's Petition for Writ of Habeas Corpus
contesting OHO findings. District Court directed further
response to petitioner's claims.
Sledge v. Andrews (TCI) Adverse decision issued May 10, 2001
granting OAP habeas petition and ordering release of TCl inmate.
The court found that the inmate had been participating in the
program and had received a favorable eligibility determination so
as to fall into the excepted category of inmates created by Cart
v. Crabtree. The following day the Court issued a sup~lemental
order, instead placing the inmate in a CCC for transitional
services.

(

...

CRIMINAL CASE TRACKING

Criminal Cases
JAN

FEB

MAR

APR

MAY

Referred

15

17

14

25

9

Accepted

0

3

2

4

2

Declined

12

9

9

16

4

Pending
Decision

59

64

38

72

75

JUN

JUL

AUG

SEP

OCT

NOV

DEC

NEW INFORMATION ON ACTIVE PROSECUTIONS
HOMICIDE

u.s. v. Green (LOM) Court found inmate incompetent to stand trial.
Inmate sent to medical center to restore competency. Further
proceedings set for September 17, 2001.
3

4123

ASSAULT

u.s. v. Milton; et ale (LOM) Inmate Krause scheduled to be sentenced /
July 16, and inmate Milton's scheduled for June 6, 2001.
(
U.S. v. Escano (TCN) Inmate on staff assault resulting in minor
injuries accepted for prosecution. Indicted May 9, 2001.
U.S. v. Rodriguez-Lopez (SOC) Inmate on staff assault with pool cue
in early May 2001 being pursued by AUSA.
U.s. v. Suarez, et ale (LOS) Two inmates pending trial for
assaulting staff resulting in injuries have accepted plea
agreements. Sentencing scheduled for July 23, 2001.
Inmate Mosequeda-Gonzalez's sexual assault on female correctional
officer (forcefully tried to kiss victim while sitting on top and
simulating sex act) is being prepared by AUSA for indictment.
Inmate had admitted he was going to rape the victim.
ESCAPE

U.S. v. Ceja (SOC) CCC escapee scheduled for sentencing June 4,
2001.
u.S. v. Gonzalez (SDC) CCC escapee recently arraigned.

(

u.S. v. Meza (SOC) CCC escapee recently arraigned.
CON'lRABAND

u.S. v. Hankey (LOM) Inmate pled guilty to possession with intent to
distribute. Sentencing hearing continued to July 30, 2001.
U.S. v. Kumar (LOM) Trial continued to July 10, 2001.
u.S. v. Pagan-Gonzalez (PHX) Inmate charged with possessing heroin
scheduled for June 6, 2001, trial. Defendant filed motion
requesting extension of trial date.
u.S. v. Marin-Cuevas (SHE) Inmate expected to be indicted for
introduction of drugs into institution.
u.S. v. Martinez (LOM) Inmate visitor arraigned and entered not
guilty plea May 7, 2001. Status conference set for June 25 and
trial set for July 3, 2001.
u.s. v. Parrado-Herrera (PHX) Inmate charged with rece1v1ng
ma~1Juana and heroin through visiting room had trial date postponed
to August 7, 2001.
4

4124

(

Three previously rejected drug introduction cases from Fcr Phoenix
have been referred to Deputy Chief, Criminal Division, who is
expected to approve prosecution of the cases by Phoenix legal staff.

(

STAIT

u.s.

v. Hagan (SOC) Former staff member scheduled for sentencing on
June 19, 2001, on charge of sexual act with a ward.

u.s. v. McKnight (PHX) Retired Assistant Food Service Administrator
pled guilty to two counts of sexual abuse of a ward and sentencing
scheduled ,for June 26, 2001. AUSA agreed to recommend probation and
if magistiate does not accept plea agreement, defendant will be
allowed to withdraw guilty plea.
STATISTICS

I

I

ADMINISTRA'l'IVE REMEDIES
JAN.

FEB

MAR

APR

MAY

98

67

104

65

67

(

AUG

JUL

JON

SEP

OCT

NOV

DEC

FREEDOM OF INFORMA'l'ION/PRIY.ACY.ACT:
JAN

FEB

MAR

APR

MAY

RECEIVED

43

35

48

32

51

CLOSED

37

30

53

33

49

PENDING

38

43

38

37

39

30 DAYS

0

1

0

4*

6*

6 MONTHS

0

0

0

0

0

APPEALS

3

6

5

0

2

JON

JUL

AUG

SEP

OCT

NOV

DEC

*Wait1ng for records from Arch1ves, not cons1dered overdue.

FOI/PA PENDING MORE 'l'HAN 20 DAYS:
DUB

LOF

LOM

LOS

NEL

PBX

SAF

SDC

SE'l'

SHE

'l'eI

TCN

'l'BM

VIM

TOTAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

4125

LITIGATION:

t
JAN

FEB

MAR

APR

MAY

OPEN AT
BEGINNING
OF MONTH

476

479

473

477

472

NEW CASES
RECEIVED

11

5

14

10

9

BC

8

3

6

8

5

!'TCA

0

0

2

2

0

BXVENS

3

2

3

0

1

OTHER

0

0

3

0

3

CLOSED

8

11

10

15

7

PENDING AT
END OF
MONTH

479

473

477

472

474

LITIGATION
REPORTS
COMPLETED

7

8

12

8

8

JON

,
JUL

AUG

SEP

OCT

I

,

,

,

NOV

DEC

(

('

ADMINISTRATIVE TORT CLAIMS
JAN

FEB

MAR

APR

~Y

RECEIVED

40

26

43

40

45

CLOSED

45

33

23

28

91

RECONSIDER

0

0

0

0

a

PENDING

98

91

111

123

98

OVER 6
MONTHS

a

0

0

0

0

JON

JUL

AUG

SEP

OCT

NOV

DEC

I
1

Numbers adjusted as of June 1, 2001, by researching Lawpack.
6

4126

\.

I

Tort

Cla~

I

Investigations Over 60 Days:

D~

LOF

LOM

LOS

~L

PBX

SAF

SDC

SET

SBE

TCX

T~

T~

V~

TOTAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

~SCELLANEOOS

SeaTac.CLC staff met with prosecutors from the Western District of
Washington to discuss increasing the number of prosecutions for
escapes, drug related offenses and other minor crimes occurring at
SeaTac and two halfway houses located in the Western District.
Staff
also have been in constant contact with prosecutors from the District
of Montana in an attempt to prosecute an inmate who escaped from a
Montana halfway house and was missing for two days.
SeaTac CLC staff toured two halfway houses in the Western District of
Washington to answer questions about the inmate discipline process in
an attempt to strengthen chances of criminal prosecution.
Phoenix CLC staff met with AUSA, FBI, SIS regarding inmate homicide of
May 9, 2001.
Several search warrants will be issued in an attempt to
gather more evidence against inmate suspect.

\.

7

4127

u.s. Department of Justice

('

Federal Bureau of Prisons
Dublin, California 94568

July 3, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTORI
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

SUBJECT:

Harlan W. Penn, Regional Counsel
Monthly Report foi June 2001
LITIGATION

NEW 3621 (e) CASES

Rodriguez-Lanz v. INS (SHE) INS detainee sought release and INS
agreed to same after completion of RDAP. Although qualified for
programs at other institutions, his Mariel Cuban status precluded
inclusion in RDAP at FCI Sheridan. Matter resolved when INS
agreed to allow petitioner's participation in RDAP at Riverside,
Florida ecce
NEW CASES (Non 3621(e))

Barnes v. Clinton, et ale

(LOM) Plaintiff seeks contract damages

for unlawful imprisonment.

Chang v. United States (LOS) Petition for Writ of Habeas Corpus
seeking jail/pre-trial custody credit.
Clemons v. Hood (SHE) Inmate challenged payment obligation under
IFRP.
Inmate subsequently withdrew complaint when relief granted
via administrative remedy process.

Jackson v. Bureau of Prisons (LOM) Inmate filed suit in D.C.
Circuit Court of Appeals contesting DHO findings.
Janis v. Ashcroft, et ale (LOM) Class action styled suit (11
inmate plaintiffs) challenging new 300 minute telephone
limitation and management of inmate trust fund.
Johnson v. Hood (SHE) Petition for Writ of Habeas Corpus

4134

('
'

challenging sentence computation.

Wolff v. Hood (SHE) Bivens complaint alleging failure to protect
from inmate assault.
SIGNIFICANT DEVELOPMENTS/APPEALS

Blum v. Hardin-Cassel (PHX) Claim alleging job assignment
contrary to medical condition going to trial on July 24, 2001.
AUSA to file motion to dismiss in light of Booth v. Churner.

Fellows v. Federal Bureau of Prisons (PHX) Complaint seeking
dentures dismissed by court.

Flowers v. Finnerly (sic) & Flowers v. United States (LOM) Cases
transferred from C.D. CA to Constitutional Torts Branch, Main
Justice.
New AUSA believes FTCA case can be settled with Bivens
suit dismissed pursuant to judgement bar.
Jury verdicts to be
researched and settlement memo forthcoming.

Leiphardt v. Clark (LOS) Pursuant to Court's Order, petitioner's
incident report was expunged and good time restored.
Mitchell v. u.s. (PHX) Ninth Circuit dismissed claim of failure
to protect holding no negligence on the part of BOP in case where
plaintiff was assaulted by other inmates.
Smith v. FCI (SHE) FTCA allegations of medical malpractice
dismissed for failure to exhaust administrative claim procedure.
u.S. v. Lazarenko (DUB) Pretrial inmate has asked Court to order
additional phone minutes.
Inmate has multiple legal actions in
u.S. and abroad, and claims the need to make numerous legal
calls, including third party calls for translation purposes.
Judge visited the institution with counsel and agreed with our
plan to provide more staff-assisted attorney calls rather than
increase available ITS minutes.
Vander v. U.s. Department of Justice (SAF) Government filed reply
brief in case asking whether compensation for alleged inadequate
medical care can be pursued under FTCA or whether IACA the
exclusive remedy.

Williams v. Herrera (LOM) Petition for Writ of Habeas Corpus
contesting denial of 3621(e) eligibility due to failure to reside
in "pure" RDAP housing uni t for requisi te time frame was
dismissed due to petitioner's failure to exhaust administrative
remedies.

\

CRIMINAL CASE TRACKING

4135

Criminal Cases
JAN
Referred 15
Accepted 0
Declined 12
59
Pending

FEB

MAR

17

14
2
9
38

3

9
64

APR
25
4
16
72

~y

JON

9
2
4

10
1
7
77

75

JUL

AUG

SEP

OCT

NOV

DEC
.-.

\

Decision

NEW INFORMATION ON ACTIVE PROSECUTIONS
HOMICIDE

u.s. v. Fink & Berry (SHE) Attempt murder charge against two
inmates. Both pled guilty to lesser charge of assault. Sentencing
set for August 2001.
ASSAULT

u.s. v. Milton, et ale (LOM) Inmate Milton sentenced to 36 month
term of imprisonment to run consecutive to current term and another
yet to be served term originating in M.D. Penn. (also for assaulting
correctional officer). $100 special assessment and $6,678
restitution order imposed. Inmate Krause scheduled to be sentenced
July 16, 2001.
U.s. v. Mendoza-Aguilar (TCN) Inmate on staff assault trial
postponed to July 10, 2001.

c

u.s. v. Ponce-Hernandez (TCN) Inmate on staff assault trial set for
August 14, 2001.
u.s. v. Suarez, et al. (LOS) Two inmates accepted plea agreements
for assaulting officer resulting in injury and assault within
maritime and territorial jurisdiction. Sentencing scheduled for
July 23, 2001.
ESCAPE

u.s. v. Ceja (SOC) CCC escapee sentenced to 4 months incarceration
and 3 years supervision.
u.S. v. Meza (SOC) CCC escapee pled guilty and sentencing is set for
September 4, 2001.
CONTRABAND

U.S. v. Hankey (LOM) Inmate pled guilty to possession with intent to
distribute. Sentencing hearing continued to July 30, 2001.

u.S. v. Kumar (LOM) Inmate's attorney withdrew from case and new
counsel appointed. Trial continued to August 14, 2001.
4136

I

\

u.s.

v. Martinez (LOM) Inmate visitor case. Status conference set
for July 16 and trial set for August 7, 2001.

u.s.

v. McConvill~ (PHX) Inmate to be prosecuted for introduction of
contraband when he passed a balloon containing heroin in a dry cell.
STAFF

u.s. v. Donaldson (DUB) Former Recreation Specialist charged with
sexual contact with a ward. Trial set for September 11, 2001.
u.s. v. Hagan (SOC) Former staff member sentencing rescheduled for
July 10, 2001, on conviction of sexual act with a ward.
u.s. v. McKnight (PHX) Retired Assistant Food Service Administrator
pled guilty to two counts of sexual abuse of a ward with sentencing
postponed to July 31, 2001.

STATISTICS

ADMINISTRATIVE REMEDIES
APR
FEB
MAR
JAN
65
67
104
98

MAY
67

JUN

AUG

JUL

SEP

OCT· NOV

DEC

67

FREEDOM OF INFORMATION/PRIVACY ACT:
FEB MAR
APR MAY JON JUL AUG SEP OCT
JAN
35
48
32
51
42
RECEIVED 43
30
37
53
33
49
36
CLOSED
39
37
43
38
38
45
PENDING
0
4*
5*
0
1
6*
30 DAYS
0
0
0
0
0
6 MONTHS 0
.....
5
6
0
4
3
APPEALS
*Waiting for records from Arch~ves, not cons~dered overdue.

NOV

DEC

~

FOI/PA PENDING MORE THAN 20 DAYS:
DUB LOF LOM LOS NEL PHX SAF
0
0
0
0
0
0
0

SDC

SET

SHE

TCI

0

0

0

0

TCN
0

JUL

AUG

SEP

TRM
0

VIM
0

TOTAL
0

LITIGATION:
FEB
479

MAR

JON

473

APR
477

MAY

476

472

474

11

5

14

10

9

8

JAN

OPEN AT
BEGINNING
OF MONTH
NEW CASES
RECEIVED

4137

OCT

NOV

DEC

HC

8

3

6

8

5

5

PTCA·

0

0

2

2

0

0

BIVENS

3

2

3

0

1

1

OTHER

0

0

3

0

3

2

CLOSED

8

11

10

15

7

7

PENDXNG AT
END 01'
MONTH
LITIGATION
REPORTS
COMPLETED

479

473

477

472

474

475

7

8

12

8

8

9

APR

MAY

(

ADMINISTRATIVE TORT CLAIMS
JAN

FEB

MAR

JON

.:ruL

AUG

SEP

OCT

NOV

DEC

1

40
45
0
98
0

RECEIVED
CLOSED
RECONSIDER
PENDING
OVER 6

26
33
0
91
0

43
23
0
111
0

40
28
0
123
0

45
91
0
·98
0

41
18
0
121
0

T

MONTHS

Tort Claim Investigations Over 60 Days:

DUB
0

LOP
0

LOM

0

LOS
0

NEL
0

PHX
0

SAl'
0

SDC
0

SET

SHE

TCI

TCN

'.rIO!

0

0

0

0

a

VIM
0

TOTAL
0

MISCELLANEOUS

Construction of two new housing units at FCI Lompoc has been halted due
to environmental issues.
CLC SeaTac Attorney Advisor Doug Goldring met with AUSA Noonan and
discussed increasing number of prosecutions relating to drugs in the
institution and escapes from CCCs.

u.s.

District Court Judge Rosalyn Silver is scheduled to tour FCI
Phoenix on July la, 2001.

1

Numbers adjusted as of June 1, 2001, by researching Lawpack.
4138

CLC Phoenix Attorney Advisor Matt Carney and Warden Bernie Ellis met
with new u.s. Attorney Paul Charlton on June 19, 2001.

4139

u.s. Department of Justice
~-~-ral

,

(

Bureau of Prisons

,

f : Cs:....

BURE.iU or p
[HOI

I

I Hut\ IIV'

alifomia 94568

AUgust 3, 2001
MEKORANDOM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/
COtJNSEL, GENERAL COUNSEL & REVIEW

~
I

J

,,--<J'-~,,-

FROM:
SUBJECT:

J

I

D

,-". '-, ~---

arlan W. Penn, Regional Counsel

Monthly Report for July 2001
LITIGATION

NEW CASES (Non 3621(e»

Chang v. u.s. (LOS) Petition for Writ of Habeas Corpus alleging
sentence improperly calculated. Requests that supervised release
term be revoked/expunged in exchange for allegedly not properly
being credited correct jail credit.
Hood v. Pontesso (PHX) Complaint regarding parole release date.
Inmate dismissed previous case on May 10, 2001, but has now
refiled.
Knaeble v. Nelson (SHE) Bivens/FTCA complaint alleging inadequate
medical treatment following work-related injury.

u.s. v. Sedliar (LaM) Motion to correct sentence filed on behalf
of FCI Lompoc inmate. One of the grounds for relief alleges
agency is unable to provide proper medical care.
SIGNIFICANT DEVELOPMENTS/APPEALS

Foley-Clark v. u.s. (DUB) FTCA action filed by former inmate who
wore wire during investigation which resulted in prosecution of'
staff for inmate sexual abuse. Preparing interrogatories and
deposition notice to plaintiff.
Lopez v. U.S. (LOS) FTCA trial in inmate on inmate assault
previously scheduled for July 31 was continued to September 11,
1

4166

(

2001, to allow agency opportunity to consider plaintiff's
settlement· proposal. Agency declines proposal and AUSA has
requested additional documents.

(

Marshall v. Hood, Hansen v. Hood, Foster v. Hood, Broxson v.
Hood, Sorenson v. Hood, Williams v. Hood, & Mankertz v. Hood
(SHE) Petitions for Writ of Habeas Corpus seeking 3621(e)
eligibility voluntarily dismissed by petitioners in light of
Lopez v. Davis.
Perez v. Acosta & Lathers (SDC) Bivens complaint alleging sexual
battery. Hearing on government's motion to dismiss or in the
alternative, motion for summary judgement on behalf of warden is
scheduled for August 6, 2001.
Resnick v. Adams, et al (LOM) Bivens complaint alleging First
Amendment violation by not being provided a Kosher diet had
unfavorable R&R issued. However, district court judge declined
to accept it and granted summary judgement on basis of qualified
immunity. Inmate was represented by pro bono counsel.
Romero v. U.S. (PHX) Tentative settlement in the amount of
$86,000 reached in wrongful death case (1995 suicide in SHU)
during pre-trial conference.
Washington v. Adams (LOM) Petition for Writ of Habeas Corpus
contesting classification matter dismissed. Inmate has indicated
he will appeal.

(

Woodworth v. U.S. (LOS) FTCA complaint regarding exposure to
toxic chemicals in UNICOR was dismissed by court citing
exclusiveness of Inmate Accident Compensation Act.
Status reports have been filed in remaining Petitions for Writ of
Habeas Corpus seeking 3621(e) eligibility which were stayed
pending Lopez v. Davis. A ruling an all cases expected soon.
CRr.McrNAL CASE TRACKING

I

I

Criminal Cases
JAN

FEB

MAR

APR

MAY

JUN

JUL

Referred

15

17

14

25

9

10

29

Accepted

0

3

2

4

2

1

2

Decl.ined

12

9

9

16

4

7

18

Pending
Decision

59

64

38

72

75

77

86

2

4167

AUG

SEP

OCT

NOV

DEC

NEW INFORMATION ON ACTIVE PROSECtJ'.rIONS

(

ASSAULT

u.s. v. Bass (SHE) Indictment anticipated in inmate assault on
several staff.
u.s. v. Escano (TCN) Inmate on staff assault trial scheduled for
August 28, 2001.
U.S. v. Lauka (SHE) Inmate on inmate assault (with razor blade
requiring 34 sutures to close injury) accepted for prosecution.
u.s. v. Milton, et al." (LOM) Inmate Krause sentencing continued to
August 27, 2001.
u.s. v. Mendoza-Aguilar (TCN) Inmate on staff assault trial
postponed to September 18, 2001.
u.s. v. Ponce-Hernandez (TCN) Inmate on staff assault trial set for
August 14, 2001.
u.s. v. Suarez, et al. (LOS) Inmate on staff assault case.
Defendant Pedro pled guilty to obstructing/impeding officer and was
sentenced to six months incarceration with two years supervised
release to follow. Defendant Suarez pled guilty to assaulting an
officer resulting in bodily injury and was sentenced to 18 months
incarceration with two years supervised release to follow. The
latter's sentence to run concurrent to any other federal sentence.
ESCAPE

u.s. v. DiCarlo (PHX) Inmate charged with escape from CCC and is
suspected of several bank robberies in two states. Expected to be
charged with these offenses as well.
CONTRABAND

·u.S. v. Butler & Thomas (SHE) Through telephone monitoring, inmates
were discovered planning to introduce narcotics through visiting
room. Following visit and during dry cell monitoring of both
inmates, 21 balloons containing marijuana were discovered.
Additionally, inmates' visitors relinquished to staff 12 balloons of
marijuana. Later at the motel where the visitors were staying, they
relinquished an additional 51 balloons of marijuana to FBI.
u.s. v. Gonzalez (PHX) Inmate pled guilty to possession of
contraband in prison (heroin) and received 27 month sentence
consecutive to current sentence.
u.s. v. Hankey (LOM) Inmate pled guilty to possession with intent to
distribute. Sentencing hearing continued to August 20, 2001.
3

4168

C
.

u.s.

v. Kumar (LOM) Trial continued to October 2, 2001.

u.s. v. Marin-Cuevas (SHE) Inmate expected to be indicted on
charges of introduction of narcotics into FeI Sheridan.
u.s.

v. Martinez (LOM) Inmate visitor case.

Trial set for August 7,

2001, but plea is anticipated.

u.s. v. Parrado-Herrera (PHX) Trial for possession of contraband in
prison (received heroin and marijuana in visiting room) postponed to
September 4, 2001.
STAFF

u.s. v. Donaldson (DUB) Former Recreation Specialist charged with
sexual contact with a ward. Charges dismissed pending new
indictment.
u.s. v. McKnight (PHX) Sentencing of retired Assistant Food Service
Administrat.or pleading guil ty to two counts of sexual abuse of a
ward postponed to a later date due to defense counsel-illness.
STATISTICS
/

\

I

I

ADM7NISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

98

67

104

65

67

67

34

34

I

SEP

OCT

NOV

DEC

I

FREEDOM OF INFORMATION/PRIVACY ACT:
JAN

FEB

MAR

APR

MAY

JON

JUL

RECEIVED

43

35

48

32

51

42

40

CLOSED

37

30

53

33

49

36

49

PENDING

38

43

38

37

39

45

36

30 DAYS

0

1

0

4*

6*

5*

7*

6 MONTHS

0

0

0

0

0

0

0

AUG

SEP

OCT

3
0
6
5
APPEALS
4
2
2
*Wa1t1ng for records from Arch1ves, not cons1dered overdue.

.

4

4169

NOV

DEC

I.

FOI/PA PBNDING MORE THAN 20 DAYS:
DOB

LOF

LON

LOS

NEL

0

0

0

0

0

PBX
.0

(

.., Ii

SAl'

SDC

SET

SBE

TCI

TCN

'l'RK

VIM

TOTAL

0

0

0

0

0

0

0

0

0

I

I

LITIGATION:
JAN

FEB

MAR

APR

laY

JON

JUL

OPEN AT
BEGDmING
OF ~B

476

479

473

477

472

474

475

NEW CASES
HCEIVED

11

5

14

10

9

8

4

Be

8

3

6

8

5

5

2

!'TCA

0

0

2

2

0

0

0

AUG

SEP

OCT

NOV

DEC

,.

r-.

BIVENS

3

2

3

0

1

1

1

OTHER

0

0

3

0

3

2

1

CLOSED

8

11

10

15

7

7

10

PENDING AT
END OF

479

473

477

472

474

475

469

7

8

12

8

8

9

6

NON'lB

LITIGATION
HPORTS
COMPLETED .

5

4170

I
(

I

ADMiNJ:STRATIVE TORT CLAJ:MS
JAN

FEB

!aR

APR

Mt-y

JON

JOL

RECEJ:VED

40

26

43

40

45

41

39

CLOSED

45

33

23

28

91

18

30

RECONSJ:DER

0

0

0

0

0

0

0

PEND:rNG

98

91

111

123

98

121

128

OVER 6
HON'lBS

0

0

0

0

0

0

0

AUG

SEP

OCT

NOV

DEC

I

I

I

Tort Claim Investigations Over 60 Days:

DUB

LOF

LOM

LOS

BEL

PBX

SAl'

SDC

SET

SHE

TC:r

TCN

TRH

VJ:H

TOTAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

MISCELLANEOUS
I

i.

'.

u.s.

District Court Judge Rosalyn Silver and staff toured FCI Phoenix
July 10, 2001.

FCI Phoenix Warden Ellis met with federal judges and other Phoenix-area
federal law enforcement heads June 27 to discuss issues of mutual
concern.
On July 19, 2001, three Phoenix city officials and an engineering
consulting firm met with FCI Phoenix staff to discuss possible location
of landfill adjacent to FCI Phoenix. Three agency attorneys from Real
Estate section appeared telephonically at the hearing. City personnel
stated the near~y site is one of eight locations being considered for
the landfill. They indicated a strong preference for this site due to
anticipated transportation savings in the amount of several hundred
million dollars.
On July 16, 2001, CLC SeaTac Attorney Doug Goldring met with the new
Civil Chief and current Criminal Chief of the u.s. Attorneys Office,
Portland, Oregon, to discuss relations between agencies. It was felt
the meetings were extremely positive.

1

Numbers adjusted as of June 1, 2001, by researching Lawpack.
6

4171

u.s. Department of Justice

(

Federal Bureau of Prisons

Dublin, Califomia 94568

September 6, 2001

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/
GENERAL COUNSEL, GENERAL COUNSEL & REVIEW

FROM:

Harlan W. Penn, Regional Counsel

SUBJECT:

Monthly Report for August 2001

LITIGATl:ON
NEW CASES (3621(e»

Brown v. Hood, Junker v. Hood, McKinzie v. Hood, Norgaard v.
Hood, Tuite v. Hood (SHE) Petitions for Writ of Habeas Corpus
attempting to invalidate DAP regulations as violative of the APA.

(

Samson v. Slade (VIM) Petition for Writ of Habeas Corpus
contesting 3621(e) ineligibility due to conviction for felon in
possession of a firearm.
NEW CASES (Non 3621(e»

Billman v.Herrera (LOM) Petition for Writ of Habeas Corpus
contesting parole status and discipline finding while at CCC.
Bourgeois v. Herrera (LOM) Petition for Writ of Habeas Corpus
seeking jail credit.
Diamond v. Herrera (LOM) Petition for Writ of Habeas Corpus
contesting DHO action.
Harden v. Herrera, U.S. v. Montalvo, Marulanda v. Herrera, Hellum
v. Herrera, Ortiz-Martinez v. Herrera (LOM) Motions or petitions
seeking stay of transfer to USP Pollock.
Petitioners/movants at
various stages of designation or transfer.
Some petitioners are
contesting underlying criminal convictions.

1

4178

(

Janis v. Reno, et ale (LOM) Bivens complaint alleging numerous
civil rights violations at various institutions. Seventy-six
defendants are named.

(

Laza v. Herrera (LOM) Petition for Writ of Habeas Corpus
challenging continued confinement. Petitioner is INS detainee,
Mariel Cuban.
Merz V. Barron (LOM) Petition for Writ of Habeas Corpus
contesting DHO action.
Palmer V. U.S. DOJ (SAF) FTCA complaint alleging denial of dental
implants while at FCI Safford and denial of implants and floss
while in county facility as pre-trial detainee.
Renteria-Ambriz v. Pontesso (PHX) Petition for Writ of Habeas
Corpus seeking jail credit already credited toward state
sentence.
Uplinger v. Barron (LaM) Bivens complaint contesting
constitutionality of testing under the DNA Backlog Elimination
Act.
U.S. v. Welty (TCN) Petition for Writ of Habeas Corpus seeking
pretrial sentence credit for period served on state sentence.

(

Wolff v. Hood (SHE) Bivens complaint alleges no-smoking policy in
SHU violates plaintiff's rights and results in physical and
emotion suffering.
SIGNIFICANT DEVELOPMENTS/APPEALS

Ames v. Pontesso (PHX) FTCA complaint regarding lost property
dismissed on account of law enforcement exception.
Balam-Pech v. Pontesso (PHX) Petition for Writ of Habeas Corpus
contesting DHO finding dismissed.
Breen v. Hood (SHE) Ninth Circuit upheld district court's denial
of Petition for Writ of Habeas Corpus seeking 3621{e) eligibility
notwithstanding prior bank robbery.
Coupar v. Siefert (LOS) FTCA/Bivens complaint alleging Warden
denied phone calls and visits was dismissed without prejudice to
plaintiff commencing new action after exhausting FTCA and
administrative remedies.
Foley-Clark v. U.S. (DUB) FTCA
wore wire during investigation
staff for inmate sexual abuse.
interrogatories for plaintiff.
anticipated in the near future.

action filed by former inmate who
which resulted in prosecution of
Continuing to prepare
Deposition of plaintiff

2

4179

Hsia v. Barron, et al., (LOM) Petition for Writ of Habeas Corpus
seeking jail credit denied.
"

Puerta v. US, et al., (LOM) Ninth Circuit affirmed lower court's
dismissal of FTCA/Bivens complaint alleging inadequate medical

(

care, improper job assignment, and inadequate access to law
library.

Rose v. Adams, et al., (LOM) Bivens complaint alleging sexual
harassment by staff dismissed.
Tezak v. Pendleton (TCN) Petition for Writ of Habeas Corpus
seeking 3621(e) eligibility notwithstanding conviction for
threatening a witness was denied.

Vander v. u.S. DOJ (SAF) Oral argument scheduled for September 9
in case claiming Inmate Accident Compensation Act is not the
exclusive remedy against u.S. when inmate suffers work-r~lated
injury.

Wood v. Pontesso (PHX) Petition for Writ of Habeas Corpus seeking
3621(e) eligibility denied.
CRIMINAL CASE TRACKING
;'

I

I

Criminal Cases

JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

Referred

15

17

14

25

9

10

29

34

Accepted

0

3

2

4

2

1

2

1

Declined

12

9

9

16

4

7

18

16

Pending
Decision

59

64

38

72

75

77

86

103

SEP

OCT

NOV

NEW INFORMATION ON ACTIVE PROSECUTIONS
HOMICIDE

u.s. v. Greene

(LaM) Interim report concerning defendant's
competency issued. Status hearing set for Septemb.er 17, 2001.
ASSAULT

u.s. v. Escano (TCN) Inmate on staff assault trial scheduled for
October 16, 2001.
3

4180

DEC

u.s.

(

v. Milton, et ale (LaM) Inmate on staff assault.

Inmate Krause
sentenced to 120 months confinement, consecutive to current'term.
Also ordered to pay $6,678 restitution and $100 special assessment.

u.s. v. Mendoza-Aguilar (TCN) Inmate on staff assault trial
postponed to October 30, 2001.
u.s. v. Mosqueda-Gonza.]ez (TCN) Inmate to be arraigned September 5
for abusive sexual contact and assault on federal officer.
u.s.

v. Ponce-Hernandez (TCN) Inmate on staff assault trial set for

September 18, 2001.
ESCAPE

u.s.

v. Havier (TeN) Inmate escape from CCC to be tried October 2,

2001.

u.s. v. Layne (PHX) Inmate escape from CCC trial continued to
October 2, 2001.
Plea agreement expected.
u.s. v. Pedro (TCN) Inmate escape from CCC sentenced to 6 month
consecutive term.
u.s.

v. Thomas (PHX) Inmate escape from CCC to be tried September

25, 2001.
CONTRABAND

u.s. v. Davis (LOS) Indictment filed against inmate for possessing
contraband (amphetamines and marijuana) in prison.
u.s. v. Hankey (LaM) Inmate pled guilty to possession with intent to
distribute; sentenced to 151 months consecutive to current term.
u.s. v. Martinez (LaM) Inmate visitor case. Defendant pled guilty
to attempting to provide contraband to prison inmate.
Sentencing
set for October 15, 2001.
u.s. v. Parrado-Herrera (PHX) Trial for possession of contraband in
prison (received heroin and marijuana in visiting room) postponed to
October 9, 2001. Guilty plea anticipated.
u.s. v. Rosales (TRM) Indictment file against inmate for possessing
contraband (heroin) in prison.
STAFF

u.s.

v. McKnight (PHX) Sentencing of retired Assistant Food Service

Administrator pleading guilty to two counts of sexual abuse of a
ward postponed to October 4, 2001.

4

4181

STATISTICS

t

ADMINISTRATIVE REMEDIES
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

98

67

104

65

67

67

34

116

I

NOV

OCT

SEP

FREEDOM OF INFORMATION/PRIVACY ACT:
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

RECEIVED

43

35

48

32

51

42

40

49

CLOSED

37

30

53

33

49

36

49

47

PENDING

38

43

38

37

39

45

36

38

30 DAYS

0

1

0

4*

6*

5*

7*

7*

6 MONTHS

0

0

0

0

0

0

0

0

APPEALS

3

6

5

0

2

4

2

2

*Wa~t~ng

cons~dered

for records from Archives, not

Ii

DEC

I

,

SEP

OCT

NOV

DEC

overdue.

NUMBER OF FOI/PA PENDING:
ATW

DUB

LOM

HON

NEL

PHX

SAF

SDC

SET

SHE

TCI

TCN

TRM

VIM

OTHER

0

7

6

1

0

3

3

1

0

7

0

2

1

0

7

I

I

LITIGATION:
JAN

FEB

MAR

APR

MAY

JON

JUL

AUG

OPEN AT
BEGINNING
OF MONTH

476

479

473

477

472

474

475

469

NEW CASES
RECEIVED

11

5

14

10

9

8

4

22

HC

8

3

6

8

5

5

2

13

FTCA

0

0

2

2

0

0

0

1

BIVENS

3

2

3

0

1

1

1

3

5

4182

SEP

OCT

NOV

DEC

I

I

LITIGATION:
OTHER

0

0

3

0

3

2

1

5

CLOSED

8

11

10

15

7

7

10

9

PENDING AT

479

473

477

472

474

475

469

482

7

8

12

8

8

9

6

10

(

END OF

MONTH
LITIGATION
REPORTS
COMPLETED

I

I

\......

I

ADMINISTRATIVE TORT CLAIMS
JAN

FEB

MAR

APR

MAY
1

JON

JUL

AUG

RECEIVED

40

26

43

40

45

41

39

47

CLOSED

45

33

23

28

91

18

30

68

RECONSIDER

0

0

0

0

0

0

0

0

PENDING

98

91

111

123

98

121

128

107

OVER 6
MONTHS

0

0

0

0

0

0

0

1

SEP

OCT

NOV

DEC

Tort Claim Investigations Over 60 Days:
DUB

LOF

LOM

LOS

NEL

PHX

SAF

SDC

SET

SHE

TCI

TCN

TRM

VIM

TOTAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

Numbers adjusted as of June 1, 2001, by researching Lawpack.
6

4183