tebkrg
03-20-2003, 07:16 PM
http://abcnews.go.com/sections/us/DailyNews/prisonrape_suit020418.html
The American Civil Liberties Union today filed a federal lawsuit on behalf of prisoner Roderick Johnson against several Texas prison officials he says ignored his pleas for protection against gangs who forced him into sexual slavery. Over an 18-month period between September 2000 and April 2002, Johnson, the complaint says, asked repeatedly for separate housing from the general prison population because his status as a homosexual man left him vulnerable to sexual assault.
But officials at James V. Allred Unit in Iowa Park, Texas, denied Johnson's request for protection, and he became the sexual slave of rival Crip and Mexican gangs who, the complaint says, "bought and sold Mr. Johnson as a chattel, raped and degraded him on a virtual daily basis, and threatened him with death if he resisted."
During the 18-month period Johnson appeared before Allred's classification committee — which determines whether to put endangered prisoners in protective custody — seven times and despite his rape allegations, his requests were denied each time. Johnson's lawyers say Texas prison officials discriminated against him because he is both black and gay. They refused to investigate his allegations and told him that he should be able to defend himself against unwanted sexual advances — or suffer the consequences.
"There's nothing a prisoner could really do [in situations like these]," said Margaret Winter, Johnson's attorney. "They don't investigate prisoners' claims, nor do they provide rape kits. The prisoners are basically confronted aggressively with the words of the assailant. … Prisoners are faced with the option of fight or F-U- … what the members of the committee said to Mr. Johnson. Men have to really come out aggressive and be prepared to die fighting. If not, they're sexually enslaved."
Learn to Fight — Or Else
Winter said that some members of the Allred's classification committee appeared to take sadistic pleasure in Johnson's complaints. During one hearing in December 2001, Johnson was allegedly forced by a prison gang member to appear before the committee in makeup. This invited the alleged derision of the classification committee members.
One member, the complaint says, allegedly told Johnson, "If you want to be a ho, you'll be treated like a ho." Another member allegedly said, "You ain't nothing but a dirty tramp. Learn to fight or accept the f--king."
Gary Johnson, executive director of the Texas Department of Criminal Justice and several officials in Allred prison facility are named in Johnson's lawsuit. Criminal Justice officials said they have not seen the lawsuit but they were aware of and are investigating Johnson's complaints.
Allred officials have argued that Johnson's rape claims were unfounded, and they found no basis to place him in separate protective housing. Johnson, they have said, had no visible or life-threatening wounds. One committee member, the complaint said, said at one hearing earlier this month that a note in Johnson's file labeled him as a "manipulator who makes false complaints."
However, Winter argues that prison officials have no basis for their anticipated defense because they never investigated Johnson's complaints.
"Their attitude is basically that a gay black man couldn't possibly be a victim and that if he was repeatedly raped, then he allowed it to happen because he liked it," Winter said.
Johnson has been in prison since January 2000 for writing a $300 check while knowing that he had insufficient funds. His offense violated the terms of his parole for burglary 10 years ago, for which he never served time in prison. Winter said he could have been out of prison or close to release, but he has deliberately acted out so that he could be separated from the general population.
Hundreds of Complaints Nationwide
Texas, Winter said, has made many reforms that intend to ensure the safety and rights of its prisoners. Still, many prisoners from the Lone Star state and nationwide have filed complaints similar to Johnson's with the ACLU. Human Rights Watch's 2001 report, No Escape: Male Rape in U.S. Prisons, identified Texas as the worst state in the nation for prison rape.
The ACLU says it has received hundreds of complaints about prison rape, and its National Prison Project program recently filed a lawsuit in Colorado on behalf of a woman who said she was assaulted while being transported between jails after her arrest. ACLU officials are investigating other claims and anticipate filing more lawsuits.
Sometimes, Winter said, the only way to ensure real reform and prisoners' rights is to take legal action.
"We're hoping that this suit has broader implications beyond Mr. Johnson's case," said Winter. "We want to win this case. We want to establish with prison officials in Texas and send a message to others nationwide that if you don't take prisoners' complaints seriously, there will be a price to pay."
Earlier this month, weeks after the ACLU wrote a letter to Gary Johnson complaining about Roderick Johnson's case, the prisoner was transferred from Allred to a safety protection unit. Johnson, Winter said, feels safe for the first time in months but fears he could be sent back into the general prison population in retaliation for his lawsuit. And in the general population, Johnson fears for his life because he suspects prison inmates have labeled him a "snitch."
Johnson has been tested once for HIV since in prison and lives in constant fear that he has the virus as well as hepatitis and other diseases. He seeks medical and psychiatric treatment as well and compensatory and punitive damages in his lawsuit.
The American Civil Liberties Union today filed a federal lawsuit on behalf of prisoner Roderick Johnson against several Texas prison officials he says ignored his pleas for protection against gangs who forced him into sexual slavery. Over an 18-month period between September 2000 and April 2002, Johnson, the complaint says, asked repeatedly for separate housing from the general prison population because his status as a homosexual man left him vulnerable to sexual assault.
But officials at James V. Allred Unit in Iowa Park, Texas, denied Johnson's request for protection, and he became the sexual slave of rival Crip and Mexican gangs who, the complaint says, "bought and sold Mr. Johnson as a chattel, raped and degraded him on a virtual daily basis, and threatened him with death if he resisted."
During the 18-month period Johnson appeared before Allred's classification committee — which determines whether to put endangered prisoners in protective custody — seven times and despite his rape allegations, his requests were denied each time. Johnson's lawyers say Texas prison officials discriminated against him because he is both black and gay. They refused to investigate his allegations and told him that he should be able to defend himself against unwanted sexual advances — or suffer the consequences.
"There's nothing a prisoner could really do [in situations like these]," said Margaret Winter, Johnson's attorney. "They don't investigate prisoners' claims, nor do they provide rape kits. The prisoners are basically confronted aggressively with the words of the assailant. … Prisoners are faced with the option of fight or F-U- … what the members of the committee said to Mr. Johnson. Men have to really come out aggressive and be prepared to die fighting. If not, they're sexually enslaved."
Learn to Fight — Or Else
Winter said that some members of the Allred's classification committee appeared to take sadistic pleasure in Johnson's complaints. During one hearing in December 2001, Johnson was allegedly forced by a prison gang member to appear before the committee in makeup. This invited the alleged derision of the classification committee members.
One member, the complaint says, allegedly told Johnson, "If you want to be a ho, you'll be treated like a ho." Another member allegedly said, "You ain't nothing but a dirty tramp. Learn to fight or accept the f--king."
Gary Johnson, executive director of the Texas Department of Criminal Justice and several officials in Allred prison facility are named in Johnson's lawsuit. Criminal Justice officials said they have not seen the lawsuit but they were aware of and are investigating Johnson's complaints.
Allred officials have argued that Johnson's rape claims were unfounded, and they found no basis to place him in separate protective housing. Johnson, they have said, had no visible or life-threatening wounds. One committee member, the complaint said, said at one hearing earlier this month that a note in Johnson's file labeled him as a "manipulator who makes false complaints."
However, Winter argues that prison officials have no basis for their anticipated defense because they never investigated Johnson's complaints.
"Their attitude is basically that a gay black man couldn't possibly be a victim and that if he was repeatedly raped, then he allowed it to happen because he liked it," Winter said.
Johnson has been in prison since January 2000 for writing a $300 check while knowing that he had insufficient funds. His offense violated the terms of his parole for burglary 10 years ago, for which he never served time in prison. Winter said he could have been out of prison or close to release, but he has deliberately acted out so that he could be separated from the general population.
Hundreds of Complaints Nationwide
Texas, Winter said, has made many reforms that intend to ensure the safety and rights of its prisoners. Still, many prisoners from the Lone Star state and nationwide have filed complaints similar to Johnson's with the ACLU. Human Rights Watch's 2001 report, No Escape: Male Rape in U.S. Prisons, identified Texas as the worst state in the nation for prison rape.
The ACLU says it has received hundreds of complaints about prison rape, and its National Prison Project program recently filed a lawsuit in Colorado on behalf of a woman who said she was assaulted while being transported between jails after her arrest. ACLU officials are investigating other claims and anticipate filing more lawsuits.
Sometimes, Winter said, the only way to ensure real reform and prisoners' rights is to take legal action.
"We're hoping that this suit has broader implications beyond Mr. Johnson's case," said Winter. "We want to win this case. We want to establish with prison officials in Texas and send a message to others nationwide that if you don't take prisoners' complaints seriously, there will be a price to pay."
Earlier this month, weeks after the ACLU wrote a letter to Gary Johnson complaining about Roderick Johnson's case, the prisoner was transferred from Allred to a safety protection unit. Johnson, Winter said, feels safe for the first time in months but fears he could be sent back into the general prison population in retaliation for his lawsuit. And in the general population, Johnson fears for his life because he suspects prison inmates have labeled him a "snitch."
Johnson has been tested once for HIV since in prison and lives in constant fear that he has the virus as well as hepatitis and other diseases. He seeks medical and psychiatric treatment as well and compensatory and punitive damages in his lawsuit.