RE: FDOC/Martin CI security, and other staff members blatant and
rampant convenient disregard of Chapter 33-401.401 and Fla.Stat.944.115.
Use of tobacco prohibition.
With respect, I’m serving a life sentence for armed robbery, currently
housed at Martin CI, where prisoners, (myself included) are facing a
very detrimental issue regarding continuous risk of contracting cancer
and/or other tobacco related illnesses due mostly to constant exposure
to second hand smoke from staff members openly smoking cigarettes here
and basically at every Florida prison. FDOC staff members are smoking
and/or chewing tobacco on prison grounds with only convenient or
selective regards for health concerns and F.A.C. Chapter 33-401.401 and
Fla Stat.944.115. Per policy and practice, prison staff are blessed with
the legal but unrighteous double standard guarantee of unlimited
administrative impunity. Their behavior is condoned and encouraged by
administration, they are basically above the law. They smoke and/or chew
tobacco as they please while prisoners are subject to confinement for
use or possession of tobacco products.
I have grieved this issue to the highest level to no avail. See appeal
grievances log #18-6-37611, originally informal grievance log
#430-1807-0194 regarding Overseer Swain smoking on numerous occasions.
See also appeal grievance log #18-643906 originally informal grievance
log #430-1808-0351 regarding Colonel Lankford chewing and spitting
tobacco juice in an E-4 dormitory garbage can on 8/27/18, approximately
7:45 PM. All grievances were biasly and conveniently denied. This policy
and practice continues blatantly and rampantly as of current by almost
every staff member from trainee to warden(s).
On 8, January, 2019 I was issued a low bunk pass by medical Dr. Y
Resilard. I submitted this low bunk pass to C-dormitory Sgt. Gilbert,
who said that she would call housing and have me reassigned to a low
bunk. However, a few hours later, upon inquiring the status of the bunk
change, Sgt. Gilbert snapped out loud stating, “I’m not helping any
fucking body any more, someone stole my pack of cigarettes from my bag
in the officer station.” Thereby, punishing me for someone else’s action
by refusing to call housing to honor my medical issued low bunk pass
because someone stole her cigarettes, which are prohibited by Chapter
33-401.401 and Fla. stat.944.115. On 1/19/19, as a result, I submitted a
grievance on the issue of mentioning the cigarette incident. I’m still
assigned a top bunk because of my grievance despite my having a medical
issued low bunk pass.
Considering the fact that this is an ongoing issue, there is much more.
Martin CI administration are going all out in war on contraband,
tobacco. However, this crusade only applies to and against prisoners
rather than all within the gates, including administrative higher-ups
whom are fully culpable.
On December 22, 2018, for example, two prisoners were hauled off to
confinement from CSB medical building lobby for being in possession of
tobacco. This incident subsequently resulted in the termination of a
medical staff member, a male nurse Mr. Duke. Fired in connection with
introduction of contraband, tobacco, and probably prosecuted while
prison staff are smoking and chewing tobacco in convenient violation of
the very same introduction of contraband rule, Chapter 33-401.401. Thus
exposing prisoners, whom are not allowed to smoke or chew, to constant
to second hand smoke and serious risk of cancer.
In the administrative war on contraband, tobacco, the rules are subject
to change on the fly, depends on which shift is working, the prison is
operated this way one hour/day and that way the next. The only thing
consistent here is inconsistency. Prisoners are being sent back to their
housing units while in the middle of their CSB appoints, being
constantly rescheduled. Property, library, chapel, housing, even legal
mail gets no priority in the name of limiting prisoner movement in
attempt to “stop the so-called passing of contraband,” as claimed by
Assistant Warden J. Holtz. All this while Martin CI staff members,
Warden down to trainee, are the main ones smoking cigarettes and
exposing prisoners to second hand smoke and risk of cancer. The rules
here are simply being adhered to or applied conveniently only against
prisoners.
Prison staff are highly addicted to tobacco products making this a very
sensitively and dangerous issue for prisoners to grieve due to knowing
staff full tendency to retaliate. Prisoners are in real fear of prison
staff retaliation. Prisoners also have permanently instilled justified
lack of faith in the grievance process. Prisoners have gotten so used to
being ignored, rubber stamped, denied to the highest level. For example,
S. Millikens in central office is 100% anti-prisoner, no matter how
timely, factual and/or meritorious prisoner’s claim(s), it is denied,
rubber stamped. I am totally aware of the danger I face for writing this
letter. I know what could happen to me. I don’t smoke, but I will still
end up cancerous, dead, whether I submit this or not. All prisoners may
as well resort to smoking cigarette butts dropped by prison staff and
catch cancer. We’re all going to get cancer from prison staff second
hand smoke anyway.
REMEDY: That you in higher office move to objectively enforce lawful
adherence to mandated Chapter 33-401.401 and Fla.Stat.944.115 if prison
cancer rate and money for cancer treatment of Florida prisoners is a
concern, enforce the rules all the way, not just conveniently abasing
prisoners, but against all within the gates.
A copy of the foregoing is being submitted to Martin CI mail personnel
to be first class mailed to FDOC South Regional Director, FDOC Secretary
and Fla Governor Office on 2/18/19.