Federal Prisons

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.

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.

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__________________

The Wynne Unit in Huntsville, Texas is not using responsible searches as posted by the Federal act of Search & Seizures. On 5-6-19, searches began where they destroy family photos, Muslim prayer rugs and things that we buy at the store. Even the sheets they give us themselves have been ripped in half; all because they think they got the right to do so after catching some stupid people smoking K-2 and several were stuck and hospitalized. They’re falsely accusing offenders and not respecting their own policies. Like females that catch an an offender using the restroom, they’re calling code 205–they haven’t even announced themselves as policy says they should and the cases are running through because of a bias in favor of ranking staff. All trash, even the Grievance System is straight BooBoo.

I would like to express my deepest concerns about the poor grievance process and retaliatory nature of the medical staff here on the Darrington Unit in Rosharon, TX. The medical staff of the University of Texas Medical Branch (UTMB) diagnosed me with a B12 deficiency which can only be resolved by monthly B12 injections to supplement the low level within my system.

However, upon being transferred to Darrington Unit, Dr. Hulipas declined to administer an injection for three months before the medication was finally given. This particular medication had to be administered every 28 days, nevertheless I would receive the injection only every 45 days or longer. I therefore filed a number of grievances.

In response to the grievances, the grievance investigators instructed the staff to provide the medication as prescribed. The medical unit’s reaction was swift as the nurse practitioner removed ten medical restrictions from my file without a thorough examination. My attempt to have it resolved by the grievance process was unsuccessful. In fact, while the grievance investigator ruled that restrictions can be removed, an offender has a right to challenge the removal of restrictions at no co-payment charge. My attempts to be re-evaluated by the medical staff were unsuccessful as well. The grievance coordinator refuses to process the I-127 filed asking to be seen by a physician in order to resolve the issue.

At this time, every restriction was and still is removed leaving this offender in potentially dangerous medical neglect. Hopefully, this letter will shine light on the treatment patients are receiving at Darrington and in Texas prisons as a whole.

I am writing this in response to several issues we have on the O.B. Ellis Unit. These issues are a daily struggle for offenders. The issues I am raising are: The access to a toilet in common areas, such as dayrooms and chapel, the drinking water that we have access to in our cells, dayrooms, chapel, etc., the new toilets being installed in the two man cells, the illumination of bright lights being left on all day and night, and The Prison Rape Elimination Act (PREA). We as offenders would like the public to be aware of the Cruel & Unusual Punishment we face on a constant basis. All issues can be avoided if TDCJ would address the problems, instead of ignoring them.

First issue is with not having access to toilets in common areas, such as dayrooms and chapel. When in the dayroom they keep the door locked and most of the time we are in there for several hours at a time. We only have access to a urinal in the dayroom and the chapel.

They stage us for chow sometimes an hour or more before we leave for the chow hall. We then get stuck in the chow hall for 30-45 minutes before being released to go back to the wing. Once back on the wing we are put into the dayroom for an hour or more most of the time before any in-or-outs are given to go to our cell. One example was on January 18, 2019, when they staged us for chow at 4:00pm and we didn’t go to chow until 5:00pm. We made it back to the wing at 5:45pm and at 6:15pm we were still requesting an in-&-out into our cells (where the only toilets are). My stomach was upset and I had diarrhea and needed to go to the restroom when we came back from chow. When we got back to the wing we were put in the dayroom and at that point I asked CO Slider if she could let me in my cell so I could use the restroom, and she told me she didn’t have time. I asked her where I was supposed to go and she said “whatever.” When I realized I could not hold it any longer I used the only thing made to the restroom in the dayroom. The urinal.

Sargeant (Sgt.) White and CO Bradford were walking down the hall when they noticed me without a shirt on and approached the dayroom window. This is when they realized what I was doing and came into the wing. Sgt. White ordered CO Bradford to lock me up on F-Wing. As CO Bradford escorted me to F-Wing he told me I should have just used the restroom in my pants instead of the urinal, that it would have been better for me. When I got on F-Wing I was placed into a small cage and stripped-out. I asked CO Siad if I could see medical as I had blood on my toilet paper, but was refused medical treatment. They never even took me by medical after handcuffing me (use of force).

Sgt. White came to F-Wing and asked me for my statement on the case for causing a disturbance by using the restroom in the dayroom. I wrote my Step-1 grievance while on F-Wing and got a move slip stating I was moved because of being locked-up. My property was packed and brought to me, which I was missing 1 black bag of coffee and my medical issued lotion. When I received my step-1 back the Warden stated that Officer Slider denies any wrong doing and there was no disciplinary actions taken. The proof of disciplinary action was being locked-up and my property being packed-up. They discarded the case, so I did not receive the case.

I was extremely humiliated by other offenders and the officers on F-Wing. This has caused me to have suicidal thoughts and anxiety attacks. When I received my Step-2 back they still claim “There was insufficient evidence to support your allegations of misconduct by the staff named in your complaint.” But then state that “Staff conduct will continued to be monitored to ensure professionalism and policy compliance.” Neither investigator for my Step-1 nor my Step-2 ever came to the wing and asked anybody (offenders) what happened during the incident.

The second issue is with the drinking water we have access to in our cells, dayroom, chapel, etc. The O.B. Ellis Unit was built in 1961 and still has lead pipes underground that cannot be seen. Maintenance went through and changed the pipes in the pipe chases to a type of PVC, but not the pipes buried underground. Our sinks have galvanized pipe and fittings used and also have outside faucets installed. Galvanized has been banned in the United States for drinking water and the outside faucets are not FDA approved for drinking water. This is unhealthy and unlawful.

The water coming out of the sinks smells bad and tastes bad, and sometimes it comes out brown. This is the water we are supposed to drink and prepare any food we purchase off commissary with. Not everyone can afford to purchase bottled water from commissary for drinking, nor should we have to in order to be able to have safe drinking water. When the water gets real bad they put up notices to boil the water before drinking. We do not have a way to boil the water before we use it to drink or cook food as our hot pots do not get that hot. They issue bottled water to officers when this happens but not offenders.

The igloos in the dayroom are used for ice water, but they never clean them out. They just empty them in the morning and refill them with ice and water. The tests they say maintenance does on the water is said to pass or exceed the Texas Commission of Environmental Quality (TCEQ), but I do not believe they do. These tests should be done by an outside agency and tested at the source where we get our water.

Jackson v. Arizona, 855 F.2d pt 641(4) 9th Cir. 1959; states polluted water is an Eighth Amendment claim. This is a violation of our Eighth Amendment “The consumption of Hazardous Water.” As I stated earlier I have been having diarrhea since being on this unit and would like to know if it is because of the water.

Another part of the issue is that we do not have hot water available in common areas. This is unsanitary as we cannot clean our cells, dishes, clothes sold on commissary, etc., with hot water. There is hot water in the first cell on each row of cells which shows it would not take much to add hot water to every cell. We do not have access to the mop cell (closet) as we are either locked in our cell or in the dayroom. The dorms have hot water at their sinks, so we should have access to hot water in our sinks in our cells.

The third issue is the installation of the new Icon Water Control System on the toilets. I was told that TDCJ received a grant for Ellis and the Estelle Units to save water. The Icon system is being installed as a trial project on both units. They also told me that Lori Davis was not aware of the fact that there is a lock-out feature on them. These new toilets only flush every 5 minutes and if you flush more than once then you get locked out for an hour. They are being installed into two-man cells instead of just single cells. This will be an issue when you have both offenders in the cell needing to use the restroom right after each other. Also, if you get diarrhea or vomiting because you are sick. Davis v. Scott, 157 F.3d 10003, 1006 (5th Cir. 1998). Human feces carries a certain odor plus toxic gases. This falls under Cruel & Unusual Punishment having to deal with other human feces.

The fourth issue is the illumination of the bright lights at night. They do not dim or turn off the lights at night. Some wings have dimmers but not all wings. This is unconstitutional because it does not allow an offender to receive enough sleep. Lemaire v. Mass., 745 F.Supp. at 636 (5) 1990; Keenan v. Hall, 83 F.3d 1083, which states; There is no legitimate penological justification for requiring (offenders) to suffer physical or psychological harm by living in constant illumination.

The fifth issue deals with the PREA standard throughout the unit. First of all the offenders working in an Industry have to get strip-searched twice for lunch chow and twice at the end of the day. We get strip-searched before leaving the building we work in, and then again at the turn-out gate before entering the unit, by the same TCI employees. I was told this falls under two different policies which is okay, except that they do not make the policy for the turn-out gate for all offenders.

On 04/04/19, a Thursday afternoon, Senior Warden Kelly Strong, was outside the perimeter fence watching us get strip-searched with her binoculars. After several offenders had to contact their family that weekend, Monday afternoon they started painting windows black and put up plastic on the fence. There is still a problem as they only painted a few windows and most people stand taller than the painted windows. The guard tower by the back gate can see over the plastic and the log for that tower will show that most of the time its women in the tower.

TDCJ states “Zero-Tolerance” to the PREA standards, which states that opposing gender shall not be able to see your genitals or breasts. Most offenders live in cells and the toilets face the front of the cell. We are not (by policy) allowed to hang anything up to impede the officers to view into the cell. This allows the women to be able to see us using the restroom or changing clothes. The newer units are built out of concrete with solid doors which have two small windows for the officer to be able to see in there. These are also maximum security units, so they could update the cells and install something on the front of the bars.

Now that I was able to bring these issues up about the O.B. Ellis Unit, we hope that people will see the changes that need to be done. We would like to get the help of the public on fixing the issues. Living in the Texas Prison System is similar to a Third World country. The people of the United States of America are supposed to set the standard on how people are treated. This is why we send out humanitarian aid and go to war with countries that have leaders that mistreat their people. We have all done something wrong to end up here, but we still have a right to be treated like human beings. We need the help of people to fight for our constitutional rights while incarcerated as we are limited in what we can do. Most offenders I have met are trying to change who they are and working to be a better man, father, citizen. I want to thank you for taking the time to read this letter and your consideration in helping us. If I can provide additional information, please let me know.

On January 30, 2019 I was taken on bench warrant by TDCJ. The transport officer told the trial court judge that I had to provide my own insulin when I informed the court that I am severely diabetic requiring three insulin injections daily. Despite this fact, TDCJ refuses to provide insulin any time I am transported. The TDCJ grievance office refuses to respond to this complaint. The Terrell Unit grievance office is forging grievances and even signing offenders’ names for them and/or refusing to process their grievances, especially with regards to serious health issues.

Dig this: I’m 63 years of age, been locked up 30 yrs flat since July 10, 1989 for possession of a pistol by an ex-con. I just got released from Ad. Seg. after 10 years (for inmate assault back in Apr. 2009) to be relisted to the “re-entry” program. However, on Jan. 14, 2019 I was “re-assigned” and sent to Alfred High Security. I went before UCC (Unit Classification Committee) and they assigned me to be in the cell with [Prisoner Y], an extreme psych. patient and sexual predator. After four days in the cell, on Jan. 14, 2019 at 4 o’clock in the morning after breakfast, I went to take a leak and while my back was turned he attacked me, hitting me and breaking the right side of my jaw which knocked me out. He then proceeded to break my nose, and my right eye socket and busted my head with something and now I have a grapefruit-sized hematoma on the back of my head.

I had major surgery on Jan. 19 2019. The doctor at TX Tech. Health Science Center, put three titanium plates in my face!! Now this dude [Prisoner Y] had just 1 1/2 month prior jumped on and brutally assaulted his last two cellmates; one of whom he sexually assaulted. Thus the above committee members knew all this and yet I was put in harm’s way: attempted murder and agg. assault! After the fact I talked to five safe prison investigators and each and every last one of them emphatically stated “you shouldn’t have been put in that cell! and that inmate was supposed to be single-celled and listed as assaultive/sexual predator!”

So now I’m stuck with the daunting task of trying to find a lawyer or legal organization that will help me litigate this immense wrong done to me.

As Trump yells about his wall to any that will listen and white supremacy has an upswing of 22%-50%, we here in High Desert State Prison (here after HDSP) see the effects of imperialism on the foreign national, who is unable to attend the same programs, schooling or get the same jobs as prisoners that were born here.

The foreign national population here at HDSP is subject to longer sentences, parole board rejections, and job discrimination due to their status as non-citizens and inability to produce a valid Social Security Card/Number. This is a violation of their rights as well as a weak attempt by the NDOC to squeeze every minute of time they can get out of the foreign nationals sentence.

This clearly race based policy and campaign of oppression is used to keep the foreign national under the jack boots of the state and milk the foreign nationals’ family for more funds to support their incarcerated family member, who, if employed by the state, could offset the costs of living by working and learning a trade.

Further by denying access to education to the foreign national the state shows just how much rehabilitation means to them. (Not at all!) Most of the men I know want to work and learn and make the most of this vile place so they never return. But the NDOC stacks the deck against them and then attempts to blame them for failures the NDSOC has caused.

This racist policy must be eliminated at once. So comrades please send me any and all information you’re able to so that I can help fight for the rights of all foreign nationals.

Call director James Dzurenda and warden Brian E. Williams Sr. and tell them that you’re aware of their ongoing campaign of oppression and lack of fucks given for the vast number of foreign nationals they opt to abuse and maroon by refusing to let them program!

The NDOC is decades behind the times on prisoners rights, parole board control over release of prisoners, re-entry of prisoners into the community, and rehabilitation of prisoners. The only way to stop the abuses is for everyone to form a united front, call Carson City and complain.

Post this on the internet, tell your friends, YELL IT from the rooftops! Prison is not a place for rehabilitation it’s a place of vengeance, retaliation and oppression and more often than not it all plays out on men that would be better served with treatment for their issues instead of being locked in a cage and treated like slaves.

I am calling for a national strike from June first 2019 until the NDOC (and other like minded departments of correction and “rehabilitation”) lift the ban on foreign nationals ability to program, and allows them all to rehabilitate themselves the same as any citizen is able.

Let the pigs clean the tiers, serve the food, sweep the yard and see how they like not having “slaves” to do all the dirty work for them!

Power to the people! Anything else is criminal.

Prisoners at JSP are going hungry as the prison saves money by cutting portions on meals and quality of food. Some of the food is unfit for human consumption. There is no justification for forcing prisoners to go hungry. Other prisoners are forced to spend more money at the commissary on food. Georgia taxpayers already paid for prisoners adequate meals. Food is a human right and the prison must provide prisoners with adequate amount of nutritional food to maintain physical and mental health.

Prisoners throughout the prison constantly complain about the food portions being cut by Food Service Director Mrs. Granison. Prisoners wrote grievances about the inadequate meals. Warden Antoine Caldwell continues to ignore the prisoners complaints. As a political prisoner, the prisoners and I asking the peoples out there in society be a voice for us. And complain with us to the GA senators, State Representatives, Governor, Commissioner and the Warden. So we can be heard loud at many directions. Please stand for us and with us!

I am in need of some help with some legal work or someone to tell me what I need to do about being on a unit that doesn’t have anything for wheelchairs to be here on this unit. I have a lot of medical problems and can not walk. This unit has no 24 hour medical and there is nothing for a wheelchair to be on this unit. The nurses on this unit try to be a PA or MD when they are just a nurse and that is it. I have filed grievance after grievance and nothing has gone good about anything on this problem I am having on this unit. Is there anything you could help me on this problem please?

I am in need of a copy of the amendments. I am also in need of a copy of the Universal Declaration of Rights for all prisoners. I had both of these at one time and they either got lost or stolen.

I also need to know how much uninterrupted sleep we offenders are supposed to receive. You see, we woke up several times every night for anything from a roster check to count. Even sometimes for lay-ins. At count time sometimes the officers turn on the lights and wake us up due to their not having flashlights. The lights are on for these counts for an hour and a half sometimes, uncalled for. I need to do something about this problem.