The PLRA and Getting Grievances Heard In Arkansas
Welcome to the revolution! This is Alien tappin in with a response to ULK 87 article “How To Get Grievances Heard In Arkansas.”
I actually did many years in the Arizona Department of Corrections. The last six of those years was spent in the max (Brickeys/Cummins), cuz I ‘bucked’ on em repeatedly. I’ve personally been through years of what this Arkansas prisoner is describing. I filed hundreds of grievances and they always responded with a denial of allegations and found the grievance without merit, as this Arkansas prisoner said. I’ve also had similar experiences with the disciplining hearings, with disciplinary hearing officers, like ‘no-socks’, cutting the hearing camera off on me mid hearing and automatically finding me guilty, etc. For the longest time I held yards/showers down, barricaded cells with spears, stabbed people, flooded toilets, busted sprinklers, slipped cuff and attacked pigs to get justice, but I learned several things towards the end of my set that helped a lot.
So when you – this Arkansas prisoner – ask what to do I decided to give you a few answers in the long/short term; it’s inspiring to see fellow Arkansas goin’ down the same path as me, while “fighting and spreading the word” in chains.
Okay, so in the short-term, request the prisoner’s self-help litigation manual (4th edition) from the law library, they usually keep several torn-up copies of them on hand, go to the exhaustion of remedies section and pull up the case law at the bottom of the pages to “shepherdize”. In 2016, while I was at Brickeys, Prison Legal News sent me a free copy of their magazine and it had a case in there from the Supreme Court that says that when a remedy (grievance) is unavailable, then it is a “dead-end” process and doesn’t have to be exhausted.
What I’m getting at is that there are certain circumstances (such as when you’re being retaliated against as a result of exhausting your remedies) that enable you to file the 42 U.S.C. §1983 lawsuit, without completing the grievance process. You just gotta explain to the courts in the §1983 complaint package why you had “no available remedy to exhaust”, which sucks, cuz then you gotta survive a “summary judgement motion” – it’s not easy either – once you file the lawsuit. The Arkansas pigs are aware of this, which is why they don’t mind not signing grievances or doin’ anything about your grievances once signed. Plus they’re aware that the chances of them gettin’ sued are low. Successfully sue them a couple times and watch their attitude adjust. I personally went through this and didn’t get to finish the lawsuits cuz the pigs where I am now trashed all my files.
Don’t just take my word for it though. Study into the case law on grievance exhaustion and go from there (there’s no way to cover all the case law inside of one article). If you don’t know how to shepherdize cases, the book I told you about will instruct you on all that. On the bright side it’ll give you something to do in the max. Get in the law library, cuz while grievances don’t work in Arkansas, lawsuits do.
In the long term, I plan on collaborating with MIM(Prisons) to get a campaign going against the PLRA (Prison Litigation Reform Act §1997) – we’ll call it the “PLRA campaign”. The PLRA is what demands that prisoners exhaust all available remedies, prior to filing any Bivens/42 U.S.C. §1983 lawsuits (Bivens are filed against the federal government, while §1983 is for the state/local level). According to the 1st Amendment of the U.$. Constitution we have the right to “petition the government for redress of grievances.” And according to the 14th amendment of the U.$. Constitution we have a right to equal protection. The PLRA violates both the 1st and 14th amendments and I intend to organize a class action challenging the constitutionality of the PLRA, through the PLRA campaign.
- In theory, our ability to “petition the government for redress of grievances” is life-threatening and often injurious, cuz we’re forced to exhaust dangerous grievances, prior to filing §1983’s. The fact is that prisoners can and do get killed and fucked off – injured – for filing grievances nation-wide. Filing grievances is dangerous in an infinite amount of ways. They can’t legally force us to participate in a grievance process that’s going to get us stabbed in the neck or jumped on by fuck-boys, who are often in collaboration with the pigs. We are unable to petition the government if doin’ so is going to get us hurt in any kind of way. We can prove in a trial that it’s common knowledge that guards, nation-wide, are capable of silencing and do silence prisoner litigants’ petitions through retaliation which intimidates many prisoners from initiating grievances or lawsuits. The feds spent decades tryin’ to take down the five Italian mafia families, in part for silencing litigants, so why not help us take down the pigs’ PLRA, which is essentially a technical loophole that they use to evade justice or trials and silence litigants with mafia-like tactics.
The whole “deliberate indifference” standard that applies to 8th amendment (cruel and unusual punishment) lawsuits wouldn’t apply in a 1st amendment claim. We’d be arguing that the PLRA exhaustion requirement is “abridgement”, which doesn’t necessarily have to be deliberately indifferent.
- The PLRA violates the 14th amendment cuz the prison class can’t seek redress for mental injuries without there being a physical injury, and the non-prisoner class can seek redress for mental injuries even if there isn’t any physical injuries involved, which is unequal protection. Shutting the doors of the courts in prisoners’ faces so that we can’t seek redress for mental injuries doesn’t allow us equal access to the courts, which also violates the 1st amendment. An injury is an injury. Take it from me, a severely mentally ill prisoner, when I say that many mental injuries are just as bad, if not worse than, physical injuries. Suffering from mental injuries is also a “grievance” that we should be able to “petition the government for redress” for, under the 1st amendment. We have to ask ourselves what the aim of the PLRA is when it comes to barring us from the courts for redress of mental or psychological grievances? I think that the answer to the question is obvious and speaks volumes.
How would the prison system look without the PLRA? The PLRA is an obstacle standing in our way of combating the number one form of psychological torture of the Amerikan nation’s prison system – control units. And this is due to the fact that we can’t sue anyone for the mental injuries involved with doing hole time if it doesn’t cause physical injuries, and doing hole time, by itself, doesn’t cause physical injuries. If we can successfully take down the PLRA, then we can sue to receive compensation when we suffer mental injuries as a result of doing long-term hole or max time, without there being any physical injuries. If they have to compensate prisoners every time somebody suffers a mental injury as a result of living long-term in control units, they may lean more towards changing living conditions in the hole (such as giving one access to books, radios, phones, jobs, fixing temperature issues, etc.), flat out abolishing the control units, or reducing length of control unit sentences.
Anything mentally injurious going on inside of the prison that is simply for revenge-based punishments and not for security purposes could then lead to mass amounts of compensation. The compensation will deter psychological torture and amplify mental-health treatments.
The last aspect of taking down the PLRA is that prisoners would no longer have to exhaust remedies in order to file Bivens/§1983s. If we can end the PLRA in the long term, then this would end the grievance campaign altogether.
With that I’ll close. I hope my response was helpful.
