L Berke Final Update

With the Friday the September 28th surrender date approaching quite rapidly (tomorrow is the day), it appears that the plaintiff and defendant attorneys have done their part.  The Honorable Judge Ellen S. Huvelle have signed off on the stipulation order, a document listing all the points that both the Larry Berke attorneys and the BOP attorneys have agreed (stipulated) to.

They have stipulated to the following points:

1. Mr. Berke will be reassigned to FCC Tucson from FCC Florence.
2. Mr. Berke will get these accommodations:

          a)     Specific unit assignment (bed space)
          b)     Certain TVs will be closed-captioned by default
          c)     Get an inmate helper
          d)     Get access to a TTY phone with additional time to use it (NOTE: more on this later in this post)
          e)     Interpreters – Live for medical and disciplinary activities and for any other activities as needed.
          f)      Interpreters – VRI for medical appointments and disciplinary hearings.
          g)     Visual alarms – two extra emergency lights will be installed at FCC Tucson
          h)     Access to inmate email called TRULINCS
          i)      Dry erase board and markers
          j)      Two interpreters at his intake when he surrenders (Admission & Orientation) and meetings related to his intake into the Federal prison system.

What does this mean for Mr. Berke?  Three things.  First, the Honorable Judge Huvelle signed an order effectively terminating the civil lawsuit.  Second, although the civil lawsuit is terminated, the signed order (not stipulation — see second link at end of this post) indicates that if the Bureau of Prisons do not finish an evaluation study on the feasibility of incorporating videophones into their prisons by May 2013, Mr. Berke can resume his lawsuit on that grounds.  Third, and finally, it means that barring any further developments in the Honorable Judge Pisano‘s courtroom, Mr. Berke will report to FCC Tucson tomorrow at noon as an inmate to serve his imprisonment for the VRS Fraud crimes.

Here are the filings for your reading pleasure.

Agreement to the Stipulation and Order is here
Judge Huvelle’s signed Order granting and denying the motion is here