Dear Administrators,
This is an official legal notice to inform you all about certain
violations and misconduct transpiring here at this facility, by your
prison employees. This memorandum is being sent so that you all cannot
deny knowledge of situations occurring beneath your supervision. And so
that petitioner/prisoners can show a judicial court of law that we did
all that we could to resolve issues internally.
Jesus, his disciples, journalists and various others were murdered or
severely persecuted/oppressed for exposing injustices, for speaking the
truth. Therefore, it should not be difficult to believe that similar
punishments are occurring here today at this facility, prisoners are
suffering various punishments for exposing injustices, for filing
grievances. Suffering punishments that are illegal and require
correction!
Require correction in order to prevent/deter continued misconduct by
prison employees who think it is okay to harass and retaliate against
prisoners for their filing grievances or for whatever unwarranted reason
prison employees are engaging in such vile behaviors. Correction and
intervention is required in order to protect prisoners from the
destruction of their personal/legal properties like written testimony
from other prisoners who bore witness to certain incidents. And other
evidences/exhibits being compiled to help support claims of various
sorts.
Failure to adhere to this plea for help will likely result in continued
abuses of authority, abuses of process, continue degrading, humiliating
conditions of confinement which violate state/federal laws and
constitutions. And will likely result in permanent injury, whether
mentally or physically.
Prisoners’ primary problem revolves around #1 Prison officials utter
disregard for their own rules and regulations that governs their duties
to receive, process, investigate and respond to prisoners grievances.
And #2, gravitates around prisoners suffering reprisals for their
utilizing the grievance process in an attempt to resolve complaints.
Some of these conspiratorial practices to violate grievance policy, and
prisoners First Amendment rights, including manifold reprisals like
intimidation, intimidation through the destruction of personal
properties. These reprisals only compound upon the existing problems
that myself and others are experiencing. The ignoring of prisoner
complaints not only allows for whatever issues to continue to occur, but
also encourages unruly employees who engage in out of control
misbehaviors. No need to mention that this also allows illegal conduct
to go on unchecked.
The grievance process is established to resolve grievances/conflicts to
ease tensions at the lowest levels possible, and is/should be available
to prisoners for the opportunity at informal resolution and formal
review of all issues which are not informally rectified. The grievance
policy also provides for timely administrative responses to submitted
complaints, so that prisoners wouldn’t have to bother an already busy
justice system.
Administrative personnel, the grievance officer, are responsible for
promoting meaningful dialogue and timely written responses. All
appropriated personnel are responsible for monitoring the effectiveness
of the grievance process for all the obvious reasons. And that appeals
are presented to the appropriate personnel for a meaningful review.
Wardens, administration etc are responsible for the wellbeing of their
prison population. And not just form risks posed form other prisoner,
but also against those risks and dangers being inflicted by out of
control prison employees. The grievance process is really the only way
us prisoners have to present and alert prison officials of any risk or
harm. Really the only way to safeguard prisoners from whatever they
might be experiencing. The grievance policy should not be ignored, and
neither should this memorandum.
Please adjust the following to your own states
constitutions.
Under article 11 section 5 of the Arizona constitution, the right to
petition and the right of people to peacefully protest/assemble for the
common good, shall never be abridged. The universal declaration of human
rights, guaranteed under article 8: Everyone has the right to an
effective remedy by a competent tribunal for any acts that violate
fundamental rights guaranteed by the constitution or by law.
And although prison officials can ban certain protests like mass
groupings to protest conditions of confinement so long as prisoners have
other ways to voice their grievance complaints i.e. the grievance
process. See Duamutef v. O’Keefe, 98 F.3d 22 (2nd Cir 1996). BUT –
prison officials CANNOT retaliate neither harass prisoners for utilizing
the grievance process to complain about wrongs being committed.
However, when myself and others attempt to or actually exercise our
rights to make use of the grievance process prison officials join
together to deter, harass, and retaliate against prisoners using a
combination of ways that also include #1. refusal to
acknowledge/investigate, or respond to submitted grievances. #2. Make
false claims that they never received complaints. #3. They also hinder,
obstruct justice, lose supporting documents/evidences. #4 Prevent
prisoners from filing or being heard on appeal. #5. Illegally destroy,
intercept incoming/outgoing legal mail, to prevent filing with the
courts. And a slew of other unethical reactions like false misconduct
reports adverse/unjustified misclassification etc.
These are but a few of their dirty tricks, and these practices violate
conspiracy laws like Title 42 U.S.C 1995(3) & 1986. And are
underhanded attempts to assail our efforts to be heard, and to exhaust
our internal administrative remedies, which we believe is in an attempt
to circumvent the judicial process as 42 U.S.C – 1997e states no action
shall be brought with respect to prison conditions under section 1983 of
the same title, until such internal administrative remedies are
exhausted. Prison officials are deliberately ignoring prisoner
complaints, in an attempt to lie/allege failure to exhaust as one of
their affirmative defenses a practice that should never be tolerated!
Prisoners obligation to exhaust under the prison litigation reform act
or other provisions, only applies, as long as some remedy remains
available or a prisoner has been reliably informed that administrative
remedies are not available (Brown v. Valoff 422, F.3d 935 (9th Cir
2005). The supreme court requires prisoners to exhaust administrative
remedies only to the extent that a remedy remains available, before
petitioning for judicial intervention/review. However, this process has
become unfair and difficult as prison employees are violating the
grievance process and tampering with legal documents/evidence.
Prison employees need to be informed and made to understand the
reality of law, that grievances filed through the official grievance
procedure, are constitutionally protected. And prison employees
deliberate interference with the procedure and retaliations thereafter
could/will result in civil and prosecutorial penalties.
In conclusion, these problems permeate through to the whole prison
population and adversely affect the vast majority. Some prisoners even
decline to utilize the grievance process for fear of reprisals, many
have been witnesses to these problems going on unchecked and see their
fellow prisoners to continue to experience these aforementioned
misconducts that are going on with impunity, this creating a whole other
set of problems that affects prisoners mental and physical wellbeing.
And an internal investigation should ensue.
We persist amidst the onslaught of reprisals so the truth can be told,
and to seek justice/correction for all the violations occurring here at
your facility.
Thank you for your time and attention. Please acknowledge and respond.
Respectfully submitted
Signature_________________________
Address________________________
CC: ____________________
State of (fill in name)
County of (fill in name)
In the (insert
name of superior court or judicial district court)
Case # (initially
leave blank, court will assign a #)
(Your name here)
Petitioner
v.
(Their name here) Respondents
Petition
for a protective/injunctive relief order
Comes now petitioner, respectfully petitioning this court for a
protective injunctive relief order, to protect petitioner, his or her
rights, personal properties like legal documents and evidences against
destruction, harassments or other misconducts by respondents while
petitioner seeks to rectify grievances via the grievance process, and
then judicially.
Because abuse of authority and internal corruption exists and violations
of and conspiracy to violate petitioners First Amendment rights
petitioner requires a protective injunctive relief order.
Respondents are infamous for issuing threats to unlawfully segregate
prisoners without due process on trumped up charges, or famous for
utilizing their authority position to intimidate prisoners for using the
grievance process or for pursuing judicial intervention.
Respondents prison officials have already implied their intention to
issue reprisals [be sure you include relevant information surrounding
your situation to help justify the courts needing to grant your
petition. You can even express your not being secure in your persons and
effects.]
It would be useful if you did a little bit of legal reading to help you
orient yourself. It is not complicated give yourself a chance you might
be surprised besides you are going to have to insert your own states
statutes or refer to certain court rules if need be. But it sure beats
just letting them win and simply do whatever to us, the struggle is
real.
Keep in mind this is only an example make adjustments as you see fit.
You can also petition the court for an injunctive relief order in a
similar manner, under their duty to investigate and respond to grievance
complaints, attach the grievance policy as an exhibit indicate the
petition is required to protect and prevent serious harm or other risks
that prison personnel are recklessly disregarding.
Afterward you ask for a specific relief like for an order ordering
prison officials to begin responding to grievances etc,
by
Wherefore petitioner respectfully asks this court to
#1
order respondents to
#2
#3
All prisons have notaries:
be sure to get a notary seal or declare under penalty of perjury that
the facts contained in the complaint/petition are true and
correct
Signature ________________
Address__________________