To: Head Warden Cato, Coffiel Unit
Re: Unconstitutional Conditions of Confinement at the TDCJ/Coffield
Unit, Institutional Division
The Conditions as described herein should be obvious to the trained eye
of professional Correctional Staff. These conditions are longstanding
and pervasive. I respectfully request to not be retaliated against for
the exercise of my constitutional rights. It is well noted in every
Circuit and the Supreme Court that “prison officials may not retaliate
against or harass an inmate because of his exercise of his First
Amendment right to seek redress of grievance.”
I. Unsanitary Conditions in Chowhall
The conditions in the chowhall are unsanitary. The spoons, trays and
cups are not properly washed and sanitized before and after each use.
The trays often have standing water in them, the spoons are greasy and
often have food residue on them. The chowhall floor is filthy and there
are puddles of standing water on the floor on a regular basis. The staff
and inmates who are serving food do not wear gloves. The tables are not
properly wiped and sanitized.
The chowhall is known to be infested by cockroaches, mice and birds. The
birds are known to eat the cornbread out of the pans in the baking area,
and to defecate on the cornbread. It is believed that security cameras
in the baking and kitchen areas confirm this. The floor drains in the
cooking area are known to back up with raw sewage.
These unsanitary conditions, individually and collectively, may be
conducive to the spread of food borne illnesses; these conditions pose a
threat to the health of inmates at the Coffield Unit.
- Sleep Deprivation
The policies of TDCJ/Coffield Unit contribute to and cause the sleep
deprivation of inmates. Sleep is recognized as a basic human need.
TDCJ’s system-wide policy of having Correctional Staff conduct
late-night bed-bunk counts deliberately causes sleep deprivation.
Between 11:00 PM and 2:00 AM, inmates are awakened by a Correctional
Officer, and are asked to present their Prison Identification Card, or
to recite their number.
Furthermore, several times throughout the night, the guards in the
Control Picket, or “Rotunda,” are blaring announcements on the intercom
loudspeakers. This disturbs inmates from their sleep.
Finally, Coffield begins feeding breakfast between 2:00 AM and 2:30 AM.
Feeding time may run until 4:00 AM. If an inmate goes to have breakfast
they may lose an hour of sleep, or possibly more. They are forced by
this ridiculous schedule to choose between sleep or food.
Then between 4:00 AM and 5:00 AM, Coffield begins showering. Thus
causing the loss of at least another hour of sleep.
Therefore, because of the bed-bunk counts, loudspeaker blaring,
breakfast and showering schedules it is near impossible to get even 4
hours of uninterrupted sleep per night. This sleep deprivation poses a
serious risk of physical and psychological harm to inmates.
- Overcrowding
The cells at the Coffield Unit are too small for double occupancy. The
cells were only designed for single occupancy. Hence it follows that the
day-rooms are overcrowded and must serve double the number of inmates
for which they were designed.
Inmates at Coffield in the main building are confronted with the reality
that overcrowding is omnipresent within the confines of the prison. This
overcrowding has an adverse effect on all the day-to-day operations of
the prison.
The cells at the Coffield Unit and the other older model units have an
area of only forty-five square feet, with only twenty-one and a half
square feet of usable floor space. So cramped are such cells, that two
persons standing, must squeeze by each other in order to pass. This
cramped closeness of confined persons causes tension and sometimes leads
to fights and violence.
These cells are not equipped with a table or bench to sit on. The top
bunks are not equipped with a ladder or steps to assist inmates in
climbing up and down. This is an obvious safety hazard.
Some of the obvious psychological effects of such overcrowded
confinement are, i.e. the spread of disease, the enhancement of stress,
tension, hostility, depression and physical and psychological
deterioration.
These negative effects due to overcrowding run counter to the process of
rehabilitation, and are the cause of serious behavioral problems.
- Day-rooms/Ingress-Egress
The day-rooms are overcrowded, they lack the necessary area required for
the number of inmates they house; they also lack sufficient seating. The
bathroom facilities in the day-rooms are inadequate: there is only one
urinal, one sink and NO toilet.
Hourly ingress and egress moves are not conducted. Per TDCJ Policy,
these moves are to be done hourly. However, often times inmates are
trapped in cramped, overcrowded and noisy day-rooms without adequate
bathroom facilities for 2 or 3 hours at a time without being given the
opportunity to go to their cell.
The day-room’s whole back wall window panels do not have tint of shade
to guard against the hot bright sun. The sun is magnified by the glass
panels and shines directly into the day-room, blinding inmates and
turning the day-room into a very hot and muggy torture chamber. There
are no fans to circulate the air. There are no screens on the windows to
keep mosquitoes out. Mosquitoes are carriers of disease.
V. Lack or Regular Exercise/Outdoor Exercise
Inmates at the Coffield Unit on P3 & P4 are not afforded regular
opportunities for exercise, and they are not afforded regular/any
opportunities for outdoor exercise, and access to fresh air and
sunshine.
Regular exercise, fresh air and sunshine are basic human needs. They are
necessary for maintaining one’s physical and psychological health.
By contrast, inmates in medium custody are afforded regular outdoor
exercise during the afternoon. Likewise inmates in P5 and P6 receive
outdoor exercise daily. Only inmates in P3-P4 are singled out and denied
outdoor exercise.
Furthermore, per TDCJ Policy, there is supposed to be a recreation
schedule posted for inmates to consult. There is no such schedule posted
in the cell blocks at Coffield.
- Lack of Exercise Opportunities for Inmates with Chronic Medical
Problems/Disabilities and Aging Inmates
There are no Exercise Programs for older inmates (late forties and
older) or for inmates with disabilities or other medical conditions.
When gym, a.k.a. “indoor recreation” is called, it is extremely
overcrowded and it is difficult to get any exercise at all. All Coffield
offers is basketball, handball and an overcrowded universal weight
machine.
These recreational policies systematically discriminate against and
deprive older inmates and inmates with health problems and disabilities
from being able to get any exercise at all.
The inmates do not even have an opportunity to walk or jog for thirty
minutes to an hour, 3 or 4 times a week.
Inmates who are older, as well as inmates who suffer from chronic health
conditions/disabilities form a recognizable class of inmates who are
protected under the “Equal Protection Clause”, and also the “Americans
with a Disability Act”.
The discriminatory conduct perpetrated by TDCJ/Coffield Unit are
actionable in Federal Court. Furthermore, the conditions described
herein are in violation of the Eighth Amendment to the Constitution, and
constitute Cruel and Unusual punishments.
- Conclusion
It is obvious that the Conditions of Confinement deprive inmates of the
minimal civilized measures of life’s necessities, and subjects them to
unreasonable health and safety risks.
These conditions described herein are longstanding and pervasive; they
do pose a serious risk of harm to all inmates at the Coffied Unit.
Copies of this letter have been sent to:
1. Senator John
Whitmire
2. ARRM, Division, Huntsville, TX
3. U.S. Attorney
General, United States Department of Justice, (USDoJ)
4. Human
Rights Watch, Austin, TX
5. Texas Inmate Family Association
6.
Brad Livingston, Director TDCJ