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363"TAKE ACTION"

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  • People Against Prison Abuse
    Nov 11, 2013
    • 0 Attachment
       
      November 11, 2013
      Patrick Leahy, Chairman
      Department of Justice
      199 Main Street, 4th Floor
      Burlington, VT 05401
      (802)863-2525
      1-800-642-3193
      Urgent Matters: 202-224-4242
       
      Senator Chuck Grassley, Ranking Member
      Department of Justice Committee
      721 federal Building
      210 Walnut Street
      Des Moines, IA 50309
      (515)288-1145 Fax: 515-288-5097
       
      William F. Dalwin, Jr. Assistant Director over Facilities
      U. S. Department of Justice
      950 Pennsylvania Avenue, NW
      Washington, DC 20530-0001
       
      Special Litigation Section
      U.S. Department of Justice
      Civil Rights Division
       950 Pennsylvania Avenue, NW
      Special Litigation Section
       Washington, D. c. 20530
       
      Cruel and Unusual Punishment – The Eighth Amendment, which forbids:
      Ø  “cruel and unusual punishments,” governs the living conditions of convicted prisoners
      §  ”unquestioned and serious deprivations of basic human needs”
      §  ”minimal civilized measure of life’s necessities”
       
       
      EMERGENCY Request for ATTENTION and IMMEDIATE “ACTION”
      Re: Non-Human facilities for habitation, FCI Big Spring, Big Spring, Texas79720
      Issue #1: Over-crowded creates:  Tillery v. Owens,907 F.2d at 428(overcrowding may be “unbearable” in conjunction with deficiencies in physical plant and services even if it does not cause those  deficiencies)
      ·        psychological-mental health issues and increases
      ·        serious health hazard of contamination
      ·        evacuation hazard in case of an emergencies and disaster
      ·         
      ü  NOTIFICATION: “subjective” approach to recklessness-if prison officials know that conditions are “objectively cruel” and fail to remedy them, they are deliberately indifferent
      The facilities at FCI Big Spring are inhumane: Spain v. Procunier,600 F.2d 189,195,197,199 (9th Cir 1979)
      ·        when beds are stacked three deep with beds lined up at the foot of other bunk beds makes living unbearable
      ·        blocks emergencies and disaster hazard evacuation
      ·        the isles are not large enough to get inmates in and out of the building (not to mention what not having any space for oneself is certainly not rehabilitation)
      ü  NOTIFICATION:”objective” recklessness standard
      Issue #2: Apparent misappropriation of funds: Varmer v Brennan, 114 S.Ct. at 1978; Wilson v. Seiter, 111 S. Ct. at 2326 and Jackson V. duckworth, 955 F.2nd 21, 22 (7th Cir. 1992)
      ·        hiring a contractor to build a fire escape
      ·        must be misappropriation because someone received funds but did not finish the job
      ·        the old fire escape is closed off due to rust out and rotting & being unsafe for humans to use
      ·        blocking hazard for in and out of the building
      Over a year ago contractors were hired to build a new fire escape, well the fire-escape has not been completed in a year and the other escape-route is inoperative; therefore, no Inmate on the  2nd and 3rd floor  would be able to evacuate should a disaster occur
      ü  NOTIFICATION: Farmer specifically said that “ it is not enough that the official acted or failed to act despite his knowledge of a substantial risk of serious harm”;114 S.Ct. at 1981
      Issue #3: The inadequate of the Evacuation System: Helling v. McKinney,___u.S.____113 S.Ct.2475,2480,(1993) quoting DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189,200,109 S.Ct. 998 (1989);Goptowit v. Spellman, 753 F 2nd 779, 784 (oth Cir. 1985); LaReau v. Manson, 651 F.2d 96, 108 (2nd Cir. 1981)
      ·        inmate nearly bled to death due the difficulties of removal from upper floors to the ambulance
      Recently a suicide attempt, it was next to impossible to evacuate the victim down from the upper floor due to the extremely narrow sharp turn staircase
      ·        Over and over, emergencies on upper floors creates an almost impossible evacuation down a stair case that the gurney cannot be properly carried to get the victim down the stairs.
      ·        several inmates are required to help get the gurney down the staircase
      ·        Many times this involves dropping the person from gurney
       
      ü  NOTIFICATION: Prisoners have the right not to be subjected to the unreasonable threat of injury or death by fire and need not wait until actual casualties occur in order to obtain relief from such conditions”; Hoptowit v. Spellman, 753 F.2d at 784; Ruiz v. Estelle, 679 F. 2d 1115,1152-53 (5th Cir. 1982)
      Issue #4: RIOT:
      Concerned Citizens asking: why a riot of 400 to 600 inmates, that happen recently?
      ·        HUMANS  in conditions such as FCI Big Spring, expect humans to act like humans when caged worst than animals
      ·        Overcrowding, safety hazards, deteriorated physical conditions
      ·        Stirring the POT when staff interview Inmates asking what they feel about the Tryvon/Martin case – that is turning up the heat for sure-Civil Rights violations
      ·        Several courts have held that making prisoners sleep on mattresses on the floor violates the Eighth amendment or  due  process
       
      ü  NOTIFICATION:  Crowding unconstitutional if it is linked with violence and other safety hazards, breakdowns in classification, food services, or medical care, or deteriorated physical conditions; Harris v. Angelina County, Texas, 31 F.3d 331, 335 (5th Cir. 1994); Hall v. Dalton, .34 F.3de 648, 650 (8th Cir. 1994); Bell v. Wolfish, 441 U.S. at 543; Lyons v. Powell, 838  F 2.d 1049, 1057-58 (D.C. Cir. 1987); Moore v. Morgan, 922 F.2nde at 1555 n.1; Albro v. County of Onondaga, N. Y., 627 F. Supp. 12810, 1287 (N.D. N.Y. 1986); Mitchell v. Cuomo, 748 F.2.d 804, 807 (2d Cir. 1984)
       
      Numerous serious issues in this prison unit need addressed appropriately and immediately
      The CONCERNS of a  Voting & Taxpayer CITIZEN
      No signature due to retaliation to Inmates
       
      Cc:
      Thomas R. Kane, Ph.D. Deputy Director FBOP
      U.S. Department Justice
      950 Pennsylvania Avenue, N W
      Washington DC 20530
       
      Charles E. Samuels, Jr., Director
      Federal Bureau of Prisons
      320 First St., NW
      Washington, DC 20534
      (202)307-3198
       
      South Central Regional Office
      Federal Bureau of Prisons
      U.S. Armed Forces Reserve complex
      344 Marine Forces Dr.
      Grand Prairie, TX 75051
      (972)730-8600
       
       
       
       
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