Fbop Wxr Quarterly Reports 1997jan-sep
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APR. 23. 1997 3:42PM NO.814 u.s. Department of Justice Federal Bureau of Prisons -DuNn. CaiIfDmia 1145BB April 23, 1997 TO WALLACE H. CHENEY, GENERAL COUNSEL tJcv Oe ~ ~ , e~. .,.....,~. Harlan W. Penn, Reqional Counsel Quarterly Report, Jan.-Mar. 1997 The following significant hearings or trials were held this rter: e, murder of LOM inmate in ~hich staff at ack responding. Convicted at trial --~~--~~~~~~~~~~ re2-Pacheco v. Reno (LOM) , EEO case filed by former physician was harassed at FPC Lompoc because of his Trial January 21~ 1997. Government found not ~~.~_.~e Insurance v. USA (BRN) , FTCA case where civilian alleges town dr ver cause collision. Trial February 27, 1997 in Judqe took under advisement and will issue deCision chael Hildum v. United es, (SHE), tr~al February 12Inmate al ege sexua assault by correct1onal officer. found plaintiff failed to prove case by preponderance of dence and dismissed, entering juqqment for defendants. AU SA Bauman and SHE Attorney Toni Brown represented the defendant. APR. 23. 1997 3:43PM NO.814 2 he following are settlements this quarter: Joe Fields v. BOP, District of New Mexico. Estate of ased inmate a;reed to settle for $40,000. Inmate, released FeI Safford, alleged inadequate medical diaqnosis and care throat cancer. Ga" e v. Reno (TeN), EEO case filed by staff member at Fer TeN al eging that he suffered discrimination on the basis of status a Native American and was victim of retaliation for filing EEO plaints. Mediation Hearing on March 7 resulted in settlement in the amount of $182,000 including attorneys fees. Central Of i~e staff represented BOP at mediation. Please do riot hesitate to contact our office if additional or.mation is needed. LITIGl\TION LOC NOM HC FTC BIV OTH ANS - March PEN Q.UARTER BBPORT CLD HIT AWD ! 1997 SET l AWD/SET MXR ~ NCR .-$ : NER D -0 ;0 N W ~ \D ~ $ W SCR $ W SER $ $ 222.000 ttXR 56 .31 7 14 4 29 335 65 4 0 2 CO $ TOT $ A -0 3: I DEFINITIOtlS Loe - Location Total Number of Lawsuits Filed in Quarter t4umber of Habeas Corpus J\ctlona Filed In Quarter Number of FTC~ Actions Filed in Quarter Humber of Bivens Actions Filed in Quarter other A~tlons FlIed in Quarter - Ilumber of Litigation Reports Completed - Number of Actions Pending rJumber of Pact ions Closed "IT - Uumber of Hearings or Trials (Narrative Analysis Follows, "WD Number of Awards (lIarrative Analysi9 Follows, SET - Number of settlements (NarratIve Analysis Pollows) nwo/sRT - nmount ot settlemente and nwards lIUH nc FTC BIV OT" ANS PEN CLD - LITIGATION ANALYSIS :z o m ~ A H:\SHAREOOC\LI18A\QJRRPfS\BlNK&R1D "'U ~ " (J) ., - - -APR. 23. 1997' 3:43PM NO.814 P.tS/t; Tort C aims Second Quarter - FY97 (January 01, 1997 - March 31, 1997) ~ Ir ~ . I Nu:n 1.25 pp 90 PI 26 PPPI Mad WD 5 0 4 set 20 Amnt 95 1.22 00 4 A/O A/P 46 100 Time Period - Number of claims filed ......... . - Personal property claims ••••••• PI - Personal Injury claims •••..•••• PPPI .. Both pp , PI claims •••••••••••• WD '. Wrongful Death claims .•••.••.•. Num 01/01/97 01/01/97 01/01/97 01/01/97 01/01/97 Hed . Medical claims ••••••.•••••••••• 01/01/97 set . Settled/al?proved claillis •••••••• 01/01/97 Amnt .~ Amount pa1ci •••••••••••••••••••• 01/01/97 PP .~ Den 2385 Variable Definition Pen Den 00 Pen •• =< =< =< =< =< D_Accept <= 03/31/97 D_Accept <= 03/31/97 0 Accept <= 03/31/97 O-Accept <= 03/31/97 O:Accept <= 03/31/97 =< D_Accept <~ 03/31/97 ;< D Closed <= 03/31/97 =< o-Closea <= 03/31/97 Pending/open claims ............. . Entire Database •• .• Number of claims Denied ........ . 01/01/97 =< D Closed <= 03/31/97 .. .. Entire Database ~ Number of claims OverDue ....... . A/O .. Avq number of days Overdue ••••• 01/01/97 =< D Closed <= 03/31/97 AlP ~ Avq number of days to Process .. 01/01/97 ~< D-Closed <= 03/31/97 • Med =- PIM+ WDM+ PPPIM+ PPWDM .. WD = WD+ PPWD • Press any key to continue • .4 JUN.ll.199~ NO. 545 l~:~~~M .-- TD:OGC GENERAL COUNSEL P.V6 --'--- OPTIOf\lAL FORM 89 (7-90) ( ... I Justice TRANSMITTAL • To of Prisons Fuf 6C911-101 BEN~AL SERVICES ADMIJIIls:"f'IATION Dublin. C"'lfornla 94568 OffIce of the Regional D;fSCtor June 11, 1998 KEHORANDtJM TO WALLACE B. CHENBY I PROM: SUBJECT: \", GENERAL COUNSEL ilo-LI-. \V If?~ Harlan W. Penn, Regional Counsel Quarterly Reports for October to and January to March, 1998. Dece~er. '1997 Attached are the FOI/PA and litigation forms reporting information for the october to December, 1997 quarter and the January to March, 1998 quarter. I believed the earlier period had been reported but cannot locate a copy of that report so it is being submitted now. October to December, 1997. There were two settlements or awards requiring narrative analysis during this period. There were no trials or hearings noted. Harvin V' BOP (LOF) . Bivens action filed by inmate who allegB he is Native American and claims he was denied sweat Lodge. Inmate stipulated with Government that he was permitted to sweat and case was dismissed. He has now been released. No admission of liability, no financial compensation. Janice West v. United States (DUB). FTCA action alleging visitor fell on broken walkway at DUB. Case settled for $50,000.00. ( 2555 ,.)UI,. J..L. J...I.,.IU ~.~·...,t.J1 l'tU.::>"'I.::> II, 2 ( January to March, 1998. There were two settlements or awards requ~r~ng narrative analysis during this period. There were no trials or hearings noted. The unusually large number of .closed cases reflects a review of all files with information from the Pacer system. W:j,ckline v United states (NEL!LOF). FTCA case regarding lest inmate property settled for $124.00. Form 40s could net establish proper handling of inmate's property between institutions. 7 Lucas v. White (DUB). FTCA, Bivens and injunctive action by three female inmates alleging they were subjected to sexual abuse and harassment. Private Settlement agreement to dismiss action in return for various training and policy initiatives and the payment of $500,000. Please do net hesitate to contact this office if additional information is needed. ( 2556 LITIG1\TION - WRO QUARTBR RBPORT .Ian. - "lBrch, :?9A r: LOC NUM HC FTC BIV OTH ANS PEN CLD HIT AWD SET A~m/SET MXR $ NCR $ NER $ sen $ SIm $ WXR 59 41 7 11 2 36 308 157 2 .. , I. ,-. ;j :3 $500,124 CO $ TOT $ DE PI NIT:IOt·JS LOC - Location Total Number of LawBuits Filed in Quarl:er HC - Number of Habeas Corpus Actions FIled in Quarter FTC - Number of FTCA Actions Filed in Quarter BIV Humber of Bivens Actions Filed in Quarter OTH Other A~tlons Filed in Quarter AHS - rfU1nber of L1.tigation Reports Completed PEN - Number of Actions Pending CLU - Number of Actions Closed HIT - Humber of Hear1.ngs or Trials (Narrative ~nalygis Follows) I\WD - Number of Awards (Narrative Ana1ysis Follows) SET - Humber of settlements (Narrative Analysis Follows) nwo/sRT - Amount of settlements and Awa~do IIml - LITIGATION ANALYSIS ~ VI A U1 H:\SHAREDOC\L1TBR\Q1RRP1S\BlNKGAID "U W "- (J'\ -~-' LITIcnTION -- LOC tlUM He FTC -- ---- BIV - - Oee. - nee., 1997 QUMTER REPORT WRO --- aTH ANS PEN CLD HIT A"m SET AWD/SET MXR $ NCR $ NER $ .... i.' T' r . 1> IS) SCR $ SER $ '~XR 51 37 4 7 3 27 407 31 CO 0 0 2 1) :3 $ 50 000 $ TOT $ -- DEFINITIONS Loe Location Total Number of Lawsuits Filed in Quarter HC Number of Habeas Corpus ~ction9 FLIed in Quarter FTC Number of FTCA Actions Filed in Quarte~ BIV flumber of Bivens Actions Filed In Quarter OTH - other A~tionB Filed in Quarter IIUM :g ~ ANS - Number of Litigation Reports Completed PEN - Number of Actions Pending CLD - Number of Actions Closed HIT - Numbdr of Hearings or Trials (Narratlve Analysis Follows) AWD Number of Awards (Narrative Analysis Follows) SBT - Number of Settlements (Narrative Analysis Follows) ~WD/SF.T - Amount of Settlemento and Awards LITIGATION ANALYSIS :z o ~ Ul H:\SHAAEDOC\l'lBB\Q1RRPTS\BL~KCRID '1J .c. " (J'I ----/ ... "---./" -.------- lUL.14.1997 ~:13RM NO. 163 u.s. Department of Justice Federal Bureau of Prisons OttiG'S gf the Regional DlrectDr Dubin. CalifgmlB 84SBB July ll, 1997 MEMORANDUM ':''7 ~~LACE H. CHENEY, GENERAL COUNSEl. FROM; ifr"~~ SUBJECT: April 1 - June 30, 1997 Quarterly Report Regional Counsel Attached are the statistical data for the Western Region" for this quarter. The award and settlement figure reflects one award (actually a settlement reached in lieu of appeal after an adverse verdict) and two settlements. (1) Graham v. USA was an FTCA action in which an inmate was hit by a roll of roofing material that fell through the roof of food service at Fe!, Dublin. The matter settled for $3500. (2) Asberry ~T. BOP was an EEO action in which an employee was discharged from MDe, Los Angeles after episodes indicating he was unable to perform his duties. He asserted that he was the victim of retaliation for assistinq female employees in reporting sexual harassment. The jury awarded h~m $500,000 and the United States settled for a total of $280,000, inclusive of attorneys fees. (3) Moracco v. Reno was an FTCA action in which a for.mer inmate at Fel, Safford complained that he was injured when he fell from a van while in leg irons and other restraints. The United States Attorneys Office in Tucson agreed to settle for $12,363. Please do not hesitate to contact me if you need additional information. April 1, 1997 through -------- - -- - LOe June 31, 1997/ ]rd 4ual:tt!L" ----- .,. _. LIT:IGATION - NUM He FTC' BIV OTH ANS QUARTER REPOR'!' PEN HIT CLD AWD SET ,.. AWD/SET L. MXR $ NCR $ NER $ SCR $ "A : SER I I I \qXR '~ '.~, 57 4~ 2 : CO B 3 26 352 1 40 - TOT 1 2. '...L' ~ $. $ 296,863 $ $ DEFINITIONS LOC - Location ttUit - Total Number of LawsuIts Pi led in Quarter He - Number of Habeas Corpus Actions Filed in Quarter FTC - lIumber of FTC" Actions Filed in Quarter BIV l~umber of Bivens Actions Filed in Quarter OTH - Other Attions Filed in Quarter ANS Number of Litigation Reports Completed PEN - Number of Actions Pending CLD - Number of Actions Closed HIT - Number of Hearings' Qr Trials (Narrative Analysis Follows) A"'D - Humber of Awards (Narrative AnaIysis Follows) SET - Number of Settlements (Narrative Analysis Follows) nUD/SET - Amount ~f Settlements and nwarde LITIGATION ANALYSIS e ..- ID H:\SKAREDDC\lIJB9\QTftRP'S\9LNlGRID -u ~ CJl ----. -- TUL. 14. 1997 9:13AM NO. 163 P. 5/:> Tort Clatms Third Quarter - FY97 (April 01, 1997 - June 30, 1997) BBLOW AU aUG.BianD 'fULl.· 1'0. UtlORI'%JlG RZQDB8TZD D~'l'A PQR OJ-PICE 0)1 C;DBRI.L eamrSIL. APPROPRUU JlAR.D~:tVB ANAl.!tSIS WILL BE IHt!L1mBD • .t.OC-. -NOM-. ~WXR 129 PROP. PI 92 24 --.. . APPR 10 AK'l' DEN 795 61 I WD MED o 10 PPPI HmI - JRIIDn nt.Jm Dr QaDftR ,~. - . . . . . .1 exaw '" P% - , . , . I t t :tal aal et.a%K U,.". AD - 1'OftL aIKIae UJlaJVID A»sa. aD - D,.,ift ,nnrw PDD ~ aD - JlDMiln a9D.Da "/0 - Ann_ .".... tG.~. 09DDlm AlP - ........ !1mB 'fa J'JtOC::a•• ~/D - Yrongful Dea~h .... MEl) - PIM & WDM & PPPIM & PPWDM PPPI - Both Property and Personal Injury xc, 1* a.a. - PEND 00 A/O 121 6 38 AlP. 64 . u.s. Department of Justice I Federal Bureau of Prisons CI \ -( Dublin, California 94568 Office of the Regional Director March 23, 1998 MEMORANDUM TO WALLACE H. CHENEY, GENERAL COUNSEL FROM: Harlan W. Penn, Regional Counsel SUBJECT: Quarterly Report for Period July to September, 1997 Attached are the FOI/PA and litigation forms reporting information for the July to September, 1997 quarter. As' explained in the following paragraph, I am not including the Tort or Administrative Remedy forms this quarter. Unless specifically requested, we will not include Tort, rCl! or Administrative Remedy statistical forms in future quarterly reports. In each case the forms used require data alreaj~' available in Centra 1 Of f ice to be electronically or manuC!,~ ~ '~: compiled here and then typed onto a blank form that is tnp~. faxed or mailed to Cent ra 1 Of f ice and then, if used in furthe!." :- •. ;,. r t s, copied from the faxed or mailed copy. The possibilitie~ . clerical error are significant. The Tort information ~~ ~~'~led from the Tort Data Base which we transmit monthly to tL·· Branch. The For reporting requirements have changed significantly in recent months. We provide the reques~.·: information to Renee Bar ley at the beginning of each rn~:.·: :~. also include information in the monthly report whi,.=h :~: distributed by E-mail. The Central Office data base 4~: , . ' some of the information although it may not include al: ::' required by new DO.' Guidelines. Administrative Re!"ned']' information prov ided in prev i ous report s was ent i rr:: 1 y !. " " .. : from Sentry and then typed :'!lliJ) c1 form as describ~:"ci dl .. d El iminating the reg i ona 1 t rdnS(: r i pt ion and t ransmi ss i statistics will save staff of national reports. ~·.ime and should improve (~~. lh~_: . .... ~. .: : ' " 2 There were no settlements or awards requiring narrative analysis during the July to September period. The trials or hearings noted are described below: u.S. v. Zubick, CV 97-3555-JGO (COCA). [LOS] Three hearings held in Los Angeles re sentence computation/credit issues. Writ granted and inmate release ordered July 30, 1997. Case was unusually complicated by repeated efforts of District Court to revise sentence to take into account Ninth Circuit orders regarding two prosecutions involving similar conduct under old and new law. Naidenoff v. Stratman, CV 96-2008 BTM(CGA) (COCA). [SOC/PHX] Court-ordered immediate release of inmate following hearing regarding imposition of Special Parole Term Violation sentence and resulting computation based upon Parole Commission Notice of Action. Low v. Clarke-Cain, CV 95-0888 RMT(SHx) (COCA). [BRN] Religious Freedom Restoration Act case in which inmate seeks injunctive relief for practice of Satmar sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los Angeles, but recessed for settlement discussions. Previously the Court ordered Low placed in a halfway house for High Holidays. ~/ ,)'~.". (to u.s. Department of Justice Federal Bureau of Prisons Office of the Regional Director Dublin, Califomia 94568 January 14, 1998 MEMORANDUM TO WALLACE H. CHENEY, GENERAL COUNSEL FROM: Harlan W. Penn, Regional Counsel SUBJECT: Quarterly Report for Period July to September, 1997 Fourth Quarter FY'97 Attached are the FOI/PA and litigation forms reporting information for the July to September, 1997 quarter. As explained in the following paragraph, I am not including the Tort or Administrative Remedy forms this quarter. Unless specifically requested, we will not include Tort, FOr or Administrative Remedy statistical forms in future quarterly reports. In each case the forms used require data already available in Central Office to be electronically or manually compiled here and then typed onto a blank form that is then faxed or mailed to Central Office and then, if used in further reports, copied from the faxed or mailed copy. The possibilities fo~ clerical error are significant. The rort information is compiled from the Tort Data Base which we transmit monthly to the LeI Branch. The FOI reporting requirements have changed significantly in recent months. We provide the requested information to Renee Barley at the beginning of each month anj also include information in the monthly report which is distributed by E-mail. The Central Office data base also has some of the information although it may not include all data required by new DOJ Guidelines. Administrative Remedy information provided in previous reports, was entirely retrieve:i from Sentry and then typed onto a form as described above. Eliminating the regional transcription and transmission of the~e statistics will save staff time and should improve the accura~~' of national reports. 2 There were no settlements or awards requiring narrative analysis during the July to September period. The trials or hearings noted are described below: u.S. v. Zubick, CV 97-3555-JGO (COCA). [LOS] Three hearings held in Los Angeles re sentence computation/credit issues. Writ granted and inmate release ordered July 30, 1997. Case was unusually complicated by repeated efforts of District Court to revise sentence to take into account Ninth Circuit orders regarding two prosecutions involving similar conduct under old and new law. Naidenoff v. Stratman, CV 96-2008 BTM,(CGA) (COCA). [SOC/PHX] Court-ordered immediate release of inmate following hearing regarding imposition of Special Parole Term Violation sentence and resultin'g computation based upon Parole Commission Notice of Action. Low v. Clarke-Cain, CV 95-0888 RMT(SHx) (COCA). [BRN] Religious Freedom Restoration Act case in which inmate seeks injunctive relief for practice of Satmar sect of Hasidic Judaism. Trial held September 29-30, 1997 in Los Angeles, but recessed for settlement discu~sions. Previously the Court ordered Low placed in a halfway house for High Holidays. LITIGATION () "() 1.. ,~ D '1' J z: LOC HUM He FTC BIV OTH ANS wao PEN QUABTBR REPORT CLD $ HER $ sea $ SER $ 49 34 2 5 7 20 387 14 $ S II ~ f\J .... .... IJ 0 TOT LITIGATION ANALYSIS .... 0 $ E z: ([ 3 co FTC - Number of F~~ Actions Flled in Quarter BIV - Number of Bivens Actions Filed in Quarter orK - Other A~tions Filed in Quarter ~NS - Number of LLtigation Reports Comp1eted PEN - Number of Actions Pending CLD - Number of Actlons Closed HIT - Number of Hearings or Trials (Narrative Analysis Follows) AND ~ Humber of Awards (Narrative Analysis Pollows) SET ~: Number of Settlemen~B (Narrative Analysis Follows) nWO/SET - Amount of Settlements and Awards .;r AWD/SST NCR LOC - Location NUM - Total Number af LaWBuita Piled In Quarter HC - Humber af Habeas COrpus Actlona Filed in Quarter .... SET $ DEFINITIONS CD AWD MXR WXR 0') 0') HIT July - Sept. 1997 H:\SHAREDOC\LITBR\Q1RAPTS\BLNKGRID 0