Grievances are one of the only administrative remedies we have against
unjust treatment and staff misconduct. In Oregon we also have
discrimination complaints, the right to attempt petition, a department
of corrections ombudsman and (any prisoner in any state or federal
facility can also do this next step) the ability to file with no fee a
Department of Justice (DOJ) civil rights complaint.
In Oregon, grievances come with two appeals. Then you have exhausted the
process and can go to further discrimination complaint with one appeal
and then that process is exhausted. Using either/or you can lay the
groundwork for a federal civil suit and meet the requirements of the
1997 Prison Litigation Reform Act (PLRA) providing you exhaust all
administrative remedies available to you. So, you must either exhaust
all of your grievance appeals or discrimination complaint appeals to
file suit. You may not file a grievance and a discrimination complaint
on the same issue. I always advise that you exhaust every grievance and
discrimination complaint so you retain your ability to file suit.
You can file a DOJ civil rights complaint at any time with or without
exhausting either administrative remedy. However, showing you have tried
to address the issue with no satisfaction will help your DOJ complaint.
Always create a paperwork trail. Always!
If you are having ongoing issues of some type, but can A) document a new
incident of the same type has occurred and B) have new information about
the issue, you may file another grievance under OAR 291-019-0140 (6) or
another discrimination complaint under OAR 291-006-0015 (6). However,
expect the grievance coordinator will try and stop you claiming you have
already filed a grievance/discrimination complaint on the same issue
previously. This is one of their tactics to keep you from proving an
issue is persistent and is ongoing. This is currently happening to me at
Two Rivers Correctional Institution. Ms. Reynolds, the grievance
coordinator is stopping valid grievances and discrimination complaints
when I can clearly prove the Oregon administrative rules are being
properly followed.
Always know the rules and laws you are evoking. I suggest you read up on
them and copy them so you can cite them in your grievance/discrimination
complaint process.
If your process is blocked you can take it to the Oregon DOC ombudsman
or internal affairs - or both, to keep the issue alive. Make copies of
everything you do and make sure you have followed all processes to the
letter of rule before you go to this level. As a last resort per OAR
291-107, you can attempt a petition process as well.
You may face uphill battles but if you are going to use the
grievance/discrimination complaint process, so do it right the first
time and be persistent. You may not win but you can keep the struggle
alive.
MIM(Prisons) adds: Information like this is key to push forward
our battle
demanding
our grievances be addressed. We don’t yet have a petition for
Oregon, but for many other states we have petitions prisoners can
request to push this grievance battle on the political front while
filing administrative appeals and working your way into court. For those
states that don’t yet have a petition, request the generic version and
help us customize it to your state.