Unauthorized cell searches in retaliation for grievances
I am in receipt of your August 15, 2017 sending of the MIM (Prisons) “Censorship Pack”, thank you very much. Upon reaching pg 4 of 8 the first line hooked me. After receiving a minor disciplinary case, in May 2017, for possessing copies - sent to me by mail from family - of a 14 page memorandum outlining how the Law Library (L/L) is operated in a manner well outside of compliance with T.D.C.J. B.P.-D3.81 and the various A.T.C. rules and regulations put forth by T.D.C.J. & the Texas legislature to govern the operations & comportment of the L/L & those in the L/Ls of T.D.C.J. Of course I filed appeal grievances (steps 1 and 2 both) after they (yea, the pigs) ran the fraudulent case - in violation of due process rights - without giving me the opportunity to participate in the disciplinary hearing by attending (step 2 still under review).
On Aug 17, 2017 the L/Lian dispatched this time, two L/L staff C.O.s to search through my legal materials - as was done in April/May - while I was forced, once again, to be staged “out of line-of-sight” from my cell, while they perused through my legal writings & documents.
Deigning not to reveal whether or not they had the requisite I-186, “Authorization to Search Legal Material for Written Contraband,” it is now 48 hours later, time limit is 24 hours within which they are required by TDCJ B.P. 03.8I & II(B)(3) to provide me an I-185 “Notice of Confiscation of Written or Printed Material During Search for Contraband,” informing the offender of the property removed, the reason for the removal and offender’s right to file a grievance.
These conductings are retaliatory harassment in response to my filing grievances for the retaliation by L/L staff & supervisors as well (in the grievance(s)) as H/W Richardson and the handing of the 14 page memorandum to H/W Richardson.
Coincidentally, the next day my cell was on the “routine” cell search list by the rover C.O. Then(!) later that same day (Aug 18), Safe Prisons came & did yet another cell search on the cell I am housed in - “coincidentally”.
As I (& my cellie) keep virtually no contraband, I anticipate a minor case at best (worst(?)).
Before this turn of events I was “only considering” filing a tort claim of retaliation & breach of obligatory responsibility to my safety & well being under color of state law. Now, they have, frankly, pissed me off. Therefore the consideration is now a mission.
I have never filed a state civil proceedings material. Regretfully, I am now, once again, forced to redirect my attention away from my state writ of habeas corpus to attend to this violation of my state & federal constitutional rights. I do not get intimidated; I get motivated to learn more in how to defend myself in the judicial system from the deviations from established rules by those who abuse their authority and bestowed power.
