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  #1  
Old 02-05-2003, 06:49 PM
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Default Whacked over the head with a sock filled with batteries!

Ok, I am not sure where to post this but the final question is: Is this a law suit?

My Partner is in ad seg - on his way to the protective custody unit. Crap has been happening and it necessitated the move to PC. Well, I will never understand prison process, because he has to go to the hole and be treated like he is being disciplined to get to PC. He did nothing wrong...

So I got my last call the night before he went to the hole. His nerves were shot because he was worried about who he would be sharing a cell with in the hole. It's not like he can choose his cellie there and most of the guys are there for some kind of violence and violation.

Well, 13 days later I finally get my first letter from the hole! A couple of hours after he was put in the cell he put his head down to sleep and woke to screaming pain as he was being hit over the head with a sock filled with batteries! As he was trying to pull himself up he was punched in the jaw... All he remembers hearing is the words of his new ad seg cellie - "I am not sharing a cell with a Fag!" Well, I guess this guy was out to do some real damage...

15 stitches later my Partner has a nice gash on the top of his head - a nice headache, and potentially still problems with his jaw although they don't think it is broken.

Now my Partner has been written up with a major violation for 'fighting' and he did not even get a chance to throw a punch back! I take it that the Guards pulled this guy off my Partner before more serious damage was done! Thank God!

What was supposed to be a calm transfer to PC now has resulted in a violation and his classification being increased again. He is innocent of doing anything. Apparently the Guard that broke it up is on his side and even stated that my Partner was acting in self defense but no one would listen.

He now has a violation, a spending restriction, his personal stuff is being held from him for 30 days, and he is serving real time in the hole now as discipline when it was just a process in the beginning to get to PC.

In this letter he is telling me that he is going to file a law suit.

Help me here! Is he filing suit against the other Prisoner? Is he filing suit against the prison and the Guard? Can I do anything to help or protest this violation? Can I help at all?

I am so frustrated at this point because the time between letters will be at least two weeks with the mailing time... and of course in the hole I cannot get a phone call from him...

Help!
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  #2  
Old 02-05-2003, 06:59 PM
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Teb he is probably talking about filling suit over the prison. He should not have gone to ad seg. He should have gone right to pc.
Short of writing a letter to the Warden, there isn't much you can do. I think at this point writing to the Warden might be the best thing. I know people will say they will make it harder on him. But how much harder can they make it. They got him in ad seg now.
I have always believed that we need to let them know inside there are people out here who do care about the inmate and we will be keeping an eye out.
But you might want to talk it over with teddy as not to upset him.
This is awful I can not believe this happen to him!
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Old 02-05-2003, 07:00 PM
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Oh Teb, that is aweful. I am not sure how to go about it. I will call my brother tomorrow and ask him. He was a co and has had law suits filled on him before. Maybe he could say what the winning arguements were in the suits he is aware of. Tell your partner he is in our thoughts.
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Old 02-05-2003, 07:04 PM
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*&(#!!!! teb, i don't have practical advice, but i am so angry and horrified and sad...please, if there's any rabble-rousing you need, i'm here. i will definitely keep you both in my thoughts. i'm so very sorry...

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Old 02-05-2003, 07:23 PM
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Yes, please tell Teddy he is in our thoughts and prayers.I think what happened to him is just terrible.
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Old 02-05-2003, 07:30 PM
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I am so sorry for this mess. I wish I had some words of wisdom, but I don't. I only want you to know that I'm here for you!
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Old 02-05-2003, 09:33 PM
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I'm here for you too. If you decide to write the warden and want us to, I'm game or if you have an e-mail address for him and maybe the Director of DOC in that state as well. The lack of communication right now will be tough for you and him as some of us who have gone thru this kind of stuff know....hang in there and keep venting to us.

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Old 02-05-2003, 10:07 PM
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First, Teb, I am sorry this happened. I've never been hit with a sock full of batteries, a lock, or anything else, but I have seen them in action and it's no joke. Hope he is doing alright, all things considered.

Now, about Protective Custody and Ad Seg. I can't speak for everywhere, and I am sure different systems have different setups, but where I have been, PC and what you are terming "Ad Seg" (SHU/Hole for me) are the same place. People "checking in" for whatever reason are tossed in the hole with everyone else. There was not a seperate housing area or anything like that other than the SHU. Of course, they would try and put someone in the right spot in there so whoever/whatever they are checking in behind can't reach them as easily.
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Old 02-05-2003, 10:13 PM
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Teb I am so sorry to hear this! What a bunch of s*#t!!!
Let Teddy know we are thinking of him, (and you) and whatever I can do, please let me know. This is completely ridiculous!
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Old 02-06-2003, 06:57 AM
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quote: "I am not sharing a cell with a Fag!" :argh :argh

Teb I'm really so sorry this happened to Teddy !!! Gosh I can't even imagine the psychological and physical pain he had to go through !!! That really sucks !!!

I don't have an answer concerning filling a law suit. In my opinion, he shoud file a suit against the other prisoner the guard and the prison !!! All of them deserve it !!!

I'll be willing to sign anything you start or send e-mails or whatever !!!

We're here for you my friend, and send Teddy a big HUG on befalf of Joey and I.

Stay strong
Phil
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Old 02-06-2003, 07:34 AM
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Ken - is there any case law that speaks to a situation like this? Please don't do any kind of exhausting search, but if you know of anything off hand...?

Thanks so much to all of you for your concerns. I am waiting to see what the next letter says... For the moment it seems like everything is under control. I do know that he is extremely angry and know that this time he will go the distance to file suit.
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Old 02-06-2003, 08:36 AM
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Geez....

I don't know of any SHU/Seg/PC unit which would have anything but single family housing. Where is your friend? (State).... I'd think that if "Administrative Segregation" was ordered (as Iknow it to be) that it would be some indication that the Institution was aware of a 'clear and present' danger to himself or others... If 'the Hole' is double bunked, there is something wrong with that. If it's overcrowding, there is a suit there by itself... With your friend getting the beating at the hands of the fellow the prison bunked him with---the institution would be liable. A case could be made. If it turns out that they really should only have one per cell in the seg unit --a stonger case is made. What state is he in.... I'd be happy to root around and look for some remedy/policy to review.

I have never done anything but tour the seg units (as a legal aid) ... my (former) husband was not so lucky... Have you read the essay at the end of the KY Legal Aid posting I did?
KSP's yard is notorious... They have a weightpile out in the open where people have a tendency to go get killed. He was out to avoid that. Self-preservation is then synonymous with Self-Defense... I'm hip.
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Old 02-06-2003, 08:58 AM
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all my love to you both teb...this is seriously f'ed up! I hope that something/anything can be done.....let us know if there is anything we can do for you guys.

Last edited by gina; 02-06-2003 at 09:06 AM..
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Old 02-06-2003, 09:05 AM
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Oh Teb, I cant believe this is happening!! I hope that teddy is ok? Please know your both in my prayers and thoughts
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Old 02-06-2003, 11:13 AM
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life2,

Here is the 'scoop' as I understand it...

First of all my Partner is in Missouri. In his prison (Level 5 max) they have two separate ad seg units. One is single and one is double. He obviously made it to the double occupancy unit. His nerves were a little shot the night before he went to the hole because he was afraid of getting into the double cell and who he would be put in with.

The system as I understand it where he is will not allow him to go directly to protective custody or even move directly to another housing unit within the facility without going into ad seg first. When in ad seg - even though voluntary - he is subject to all the same restrictions as Prisoners that have been put there because of a violation. From what I understand there is no way around this - and it does not make sense to me.

Now, further to that, his case worker and housing unit know that he wants to be transfered to protective custody and all they can do is process the transfer to ad seg. Once in ad seg he has to apply or notify the admin that he wants to go to protective custody... This can only be done on a Tuesday and he went in on a Friday. So from what I understand - even if he verbally stated that he wanted to move to PC - this request would not show on his record until Tuesday.

So they throw him in a cell with a habitual violent offender that also happens to be Arian Nation (and known to be this) and look what happens...

I believe that he will file a suit against the prison or the state because of this beating... I am just hoping that I can offer some assistance or information to assist.

Thanks for your assistance with this!
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Old 02-06-2003, 05:06 PM
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Aw Teb. I just hate this. Big prayers for Teddy here right now.
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Old 02-07-2003, 05:43 AM
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....You have PM's....

At least I did find the MO Policy. It was revised last August ('02). It must be the prevailing policy. I will be at work today unless the sleigh can't make it up here to get me, so it will be this evening before I can reply to whatever email you'd prefer with the full texts.

The ACLU had another story about MO prisoners who'd been shipped to TX due to over crowding. They were suing for the treatment (heinous story) they got. I'd think that the state may have decided that it's in their interest NOT to seem any more overcrowded, but double bunking seg (as practice) would not be kosher--according to the statute.

I would investigate the person who spearheaded the Mo/Tx connection at the ACLU. He/she might find it in good cause to flesh out the merits of what is going on in Seg in-state. It's one case (as I said before) that they are double bunking as a matter of policy despite the law, it's a stronger case that such an environment that they've created (by disregarding the law) has indeed caused physical (palpable) harm to at least one individual.---Your friend.

ACLU handles 'conditions' suits for free. They are subsidized by grants from IOLTA funds. The 'condition' in MO needs to be litigated. Your friend, unfortunately, has 'cause'.

If you can in the meantime,... ask your friend to write out a narrative of the events of his week. If he happens to know the names of officers/medical staff involved that would be great. If a suit is filed, the atty will need it.

(Interesting that the upshot of an attack on an inmate double bunked despite the law, is to write the victim a
'ticket' too. Must make it all wash in the admin building, rather than anyone wondering if it were simply an attack.
I must say, if I were given a court-call case --to represent--as a legal aid, and the particulars showed that someone in seg got in to a fight, my FIRST question would be, "How did my client get (her) hands on another inmate in Seg?"
Evidently MO has no such curiosity in their hearing officers.)
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Old 02-07-2003, 10:59 AM
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Teb,

I really am so sorry to hear of everything that has happened. Yes, I have some cases regarding this kind of situation, but I don't think they were decided in the prisoners favor, but I will check them out. He would have to show a clear disregard for his safety, or that they knew he would be attacked if he was put in that cell, & both of those are tough sells. I'll forward what I can come up with.

From my experiance, everytime I was sent to the hole in prison, I always had a cellie. All PC, Ad Seg, & most Shu cells are like David described. There are a few single cells, but not many. It is a common practice in Calif at least to write up everyone involved in a fight, & when they get to committee, the y then drop all charges against the person defending them selves. They keep the victim segragated too because they don't know if there are other people out for him, or if he will be going after someone etc. so until they know whats going on, everyone gets locked up & writen up. I don't know if thats what they do there but it kinda sounds like it.

I too have seen what a lock in a sock, coke can in a sock, & batteries in a sock can do, & it is pretty bad. So Teddy will be hurting for awhile, & will also be extreamly stressed out. So beaware of this when you get letters from him. He will be angry, hurt, & scared. He will need alot of support.

I have written before about the problems encounterd by prisoners requesting PC. It sounds to me like to take care of the immediate threat they put him in Ad Seg, he would then be classified, to determine if he can, or should be housed in PC, or transfered to a different yard, or a different prison.

I will write you regarding some of the finer details regarding this.

Teb, again, you & Teddy are in my prayers--------Ken
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Old 02-07-2003, 11:25 AM
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OH DAMN TEB!!!

I wish he was in Canada, because I could advise you on afew things. For example, HERE, if they put him in with a skinhead/Aryan nation type, a case could be made that they OWED HIM A DUTY OF CARE under the Penitentiary Acts (a huge manual, that outlines what duties the prison owes the inmates.)

Is he o.k. with the medical care he got afterwards? If he feels, for example, that his jaw should have been x-rayed, but wasn't, he can ADD that DUTY of CARE to the list, in order to show a GENERAL attitude the prison has against him.

Maybe you should talk to Cynthia (the K.P. inmate I spoke to you of, extensively in the past). SHE WON ALL HER CIVIL LIBERTIES LAWSUITS against the system. She is now in a B.C. Prison, I think. But maybe it wouldn't help after all, because the human rights legislation here, is not the same as in the U.S.

Also, in Canada, yes they DO write up ALL "participants" in any fight, and keep them all separated. Then drop the charges against the "victim". But, again, this is in Canada... possibly of no help to you or Teddy.

I have a book I can loan to you, about the processes of these write-ups, and committees and the problems with it all...

Oh, Teb, HUGS, my friend! I am horrified to hear all of this! I know it strikes at a deep fear for you, and leaves you feeling soooo helpless...

Anything I/we can do, Teb...

Anything...

All My Love,
Menolly
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Old 02-07-2003, 06:48 PM
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Thank you for your support and help in this situation... I know that Teddy will file suit against the prison and the state and I intend to give him all the assistance that I can to make a case.

I have a suspicion that this was not a random attack that it may have even been 'set up' by the CO's. It seems kind of odd to me that they don't know that they are putting a gay Prisoner with a Skinhead...? Like they don't know the players...
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Old 02-07-2003, 09:56 PM
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Teb, I was already wondering if Teddy made it OK to PC when we last spoke. I have not been on in a while because I've been real busy.......but when I saw this post, my eyes were like saucers! I cant believe everything went down as it did!! You were already worried about him and then this awful thing happens. I am so sorry my friend!! I know you have been in an emotional wreck even moreso after this incident. This really sucks bigtime and I am sorry I have been missing what's been going on. I don't know what I would do if this happened to Tim.....my God!!! I wish I had some advice to give you but I don't know the right steps to take in something like this as maybe someone else with experience might.
Hang in there.....I hope he is in a much better area now. It does seem weird that they would put him in a hole with someone they know is violent. It just does not make sense. I am real sorry and I hope Ted will be OK.

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Old 02-08-2003, 04:34 AM
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Teb

i am so sorry for you and Teddy. i just read the post. how terrible.! I will keep both of your in my meditations!

i don't know what to say taht hasn't already been said.

Wish Teddy the best the next time you write and best of luck with what ever happens!

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Old 02-08-2003, 08:59 AM
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Regarding lawsuits by prisoners here in the states. President Clinton really curtailed the rights of prisoners to sue because of things that have happened to them while they are incercerated. It's called "the prisoner litigation reform act." It really handcuffs prisoners in sueing over conditions, etc. of their incarceration. I don't mean to be throwing a wet blanket on any plans, but please do some research on this before you extend any cash for lawyers. I'll start forwarding you stuff today. Lawyers will take money to file suits that will get thrown out of court. -------------Ken
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Old 02-08-2003, 10:14 AM
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Ken,

Thank you for your words of wisdom! I am not planning on hiring a lawyer unless I think that there is something to be gained by this. If it is all just 'you know what in the wind' then I won't bother starting a fight...
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Old 02-09-2003, 11:30 AM
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I am so lost for words, I sat here and cried for you and yours Please DONT give up believe in ur self and have faith, In due time all will come out for the best
God bless you.
Linda
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