Tuesday, March 2, 2010

Lawsuit complaint

This complaint is still  relevant for learning even though it was written in 2010.
The writing below paints an incredible picture of some of our state's segregation units- It complies with what we have been hearing since we stated this work, but I have never read a more complete and well written description. It is very hard reading.


Lawsuit Complaint: Edited with defendants names removed
Inmate A
STATEMENT OF FACTS
Suicidal history(A) Inmate A has an extensive mental health history that has been documented within the vast records of his PSU file which defendants through have access to and direct knowledge of inmate’s extensive self injurious behavior which goes back to the year of 1999 when he took an overdose of pills and cut himself in Waupun Correctional Institution/ his extreme suicidal behavior was deemed as so severe that Honorable Judge Barbara Crabb saw it fit to remove him from the conditions of confinement at Boscobel and to never be returned .There after Inmate A cut himself so severely he had to receive over 322 (three hundred and twenty-two) stitches/ many of the guards that deal with him after his transfer had had personal knowledge derived from direct observation or by indirect knowledge of reviewing Inmate A’s file in security prior to his transfer to CCI, thus knowing about the many life threatening injuries he has endured by his own hands.

(B). CCI's DS-I houses forty-eight prisoners, the cells are cleaned by prisoner workers on first and second shift, DS-T has a power washer which can be used to clean each cell after an prisoner leaves from DS-I to DS-II or unit
seven to ensure cell sanitation but this is not the case only the most severe contamination of blood is the power washer used/ numerous prisoners smear fecal matter on the walls and windows and only a causal clean up occurs mainly done with a wash rag or scrub brush as a result of the high turn over rate and need for segregation bed space PC's will end up doing quick cell clean up even after fecal contamination with a broom and mop as such inmate A has been contaminated by being in an unsanitary environment which caused infections to his open self inflicted wounds causing him physical pain (unsanitary living conditions).

(C)condition in “obs” status Within the WDOC there is an informal policy specifically at CCI but which is commonly practiced within WDOC such as Green Bay Correctional Institution as well as Waupun Correctional Institution and is wide spread where the failure to ensure the safety precautions and provisions of the WDOC administrative codes/ policies and procedures/ for example no prisoners on obs status is provided blankets/ hygiene items/ mail/ and the status provides an environment contrary to the policy and to the provisions and safety it's to protect. The Obs status placement actually fosters an environment in which suicidal tendencies are induced and permitted. PC's routinely fail to make regular fifteen minutes checks on prisoners on Obs status. PC's routinely stay in the guard control booth while prisoners are able to harm themselves without scrutiny/ they are able to "fish" (a means of which an prisoner is able to slide dried toilet tissue or item out the bottom of their cell door to retrieve a line tossed by another prisoner in order to pass items which could be used to harm themselves) items which can be used to harm themselves/ this is done routinely and PC's Sgt's and their supervisors turn a blind eye to this breach in security all the while Obs checkers fill out the Obs placement check forms dutifully with false statements generated in the comfort of the PC's control booth. PC's may and sometimes do make (15) fifteen minutes checks but this is the exception the common practice is to come around once an hour if that/ which places prisoners at a substantial risk of harm which the defendants have full awareness of. The WDOC administrator/ secretary knows this and fails to ensure that the policies/ codes and procedures are enforced to provide for the health and safety of WDOC prisoners at CCI as well as Ball!/ even the WDOC secretary/ the CCI prison warden/ security director and supervisors know of the complaints filed by prisoners for failure to protect health and safety filed by suicidal prisoners as well as being equipped with annual reports on the mental health care in Wisconsin prisons complied for the legislative audit Bureau which documents the inadequate mental health treatment and the extremely high suicide rate of Wisconsin prisoners as well as information on how many suicide and self injuries occurred while on Obs status. And as such no measures by WDOC it's administrator/secretary or any of the supervisors nor PG's institute the policies and procedures to ensure the health/ safety and humane treatment of the WDOC prisoners / but has in effect promulgated a wide spread policy which fails to ensure the WDOC's policies and procedures are not followed by failing to discipline offending PG's whom routinely fail to prevent prisoners from harming themselves and in essence by failing to discipline PG's for failure to institute the policies and procedures they have awarded them by doing nothing. This includes doing nothing on the part of the WDOC secretary in prisoners complaints as well as failure to ensure the institution of proper vigilance and security so the employees take this custom of failing to ensure the WDOC policies extension and implements this common practice and has constituted a custom or usage with the force of the law even though it is not authorized by written or express policy. The policies are so mocked that routinely prisoners
hear/ "Be sure to spell my name correctly" when told a complaint is going to be filed through the ICRS where the WDOC secretary has a review. (Deliberate Indifference to Health and Safety)

(D).What are “half time privileges
CCI has instituted a policy without affording minimal due process and violated inmate A’s constitutional right to Equal protection by forcing him to complete the full amount of segregation time 360 days (contrary to the provisions of the Administrative Code 303.84 where the note in the appendix states inmates are not to serve the full amount of time which they were sentenced for conduct report infractions) rather than be afforded "half time" privileges other inmates are afforded, opening a "state created liberty interest" which includes being allowed contact visits, advancement in privileges such as being allowed to obtain food items, contact visits and the ability to advance to step 2 after 60 days, and obtain an electronic privilege after 120 days and then have an administrative confinement hearing after 180 days which would be the "half time" marker other similarly situated inmates would be released from segregation on, thus denying him equality and access to be free from undue restraint and affording him a state created liberty interest. (Violation of Equal protection)
(E). Between March 03, 2007 to date inmate A has routinely notified the HSU department manager of severe pain in his back. In May of 2005 he was hospitalized for 5 gunshot wounds, he was shot in the back and had a bullet lodged in his back. guard told Balli that he did not have a bullet in his back and that she had reviewed his x-rays from a previous incarceration and no bullet was observed and refused to read documents inmate attempted to give her indicating the existence of the bullet in his back, stating, "I don't need to see nothing", cutting him off, and saying, "you can go now." For over 2 years inmate A’s back injuries went undiagnosed and treated/ after repeated attempts to get his back pain treated the nurses at HSU effectively acted as gate keepers to medical attention/ and referral to the doctor, as such inmate A was denied opportunities to see the doctor. He wrote numerous Health Service Request ("HSR") forms/ either to be ignored/ belittled and mocked by 2 nurses.

CO-PAY Charge: It is common knowledge that nurses will charge a co-pay of $7.50 and do absolutely nothing/ even if it's a request to see the doctor/ it's always "sure", but inmates are never put on the list to see the doctor unless they re dying, and even when inmate A did see Doctor, and after repeated requests to obtain an M.R.I., or to have the prison obtain medical records from the hospital in Texas which documents his injury and it's extent this is denied, even though inmate A has authorized HSU to obtain these records HSU never has. Inmate A suffers from so much extreme pain from his back that in an attempt to alleviate some of the pain he was forced to perform surgery on himself to remove the bullet in his back by using a flimsy plastic spoon that he carved ridges into he used it as a makeshift saw, and using saw like cutting motions after two days of agonizing pain (none of which was worse than the ongoing back pain he routinely suffers from) he retrieved the offending bullet showed it to the psychiatric care technicians ("PCT's") at the Wisconsin Resource Center ("WRC"), in an attempt to document the removal of the bullet that Doctor claimed inmate A never had lodged in his back. Inmate A routinely thereafter requested to see the doctor and did so on two separate occasions where he was ignored, denied an opportunity to be referred to a back specialist or receive an M.R.I, to document nerve damage. Inmate A suffers from back spasms and shooting electrical like shocks up and down his back and body. Bernett was written by Balli informing him of the denial of adequate medical treatment and pain management all to no response.

On 10/12/2009 inmate performed surgery on himself; by cutting a gaping hole 4 and \ inches by 2 and \ inches wide and 3 inches deep/ causing permanent scaring and disfigurement; and permanent irreparable harm as well as extreme physical pain and injury. (Deliberate Indifference/ Negligence/ Medical Malpractice/ Cruel and Unusual Punishment/ Violation of the A.D.A. and Rehabilitation ACT.)

Obstructing complaint process
WIDOC the secretary Raemisch, and some DOC employees have conspired to prevent exhaustion of remedies for strictly complied complaints by returning inmates complaints, holding them for weeks to allow the 14 day time limits to expire and then returning the complaints in an attempt to prevent inmates access to the courts, claim the inmate must contact an individual the claimant already contacted and stated such in the body of the complaint to frustrate impede and prevent access to the courts. An ICE told inmate A that this person would be fired if that person allowed him to exhaust certain inmate complaints "for legal reasons" :as such inmate A claims a due process violation and retaliation with an improper motive to prevent inmate A’s meritorious claims strictly complied..."a prisoner may still maintain a retaliation claim even when the retaliatory actions do not independently violate the constitution." Please see: Babcock v. White, 102 F.3d 267, 275 (7th Cir.1996) and, Hoskins v. Lenear, 395 F.3d 372; 2005 U.S. App (7th Cir.2005), the aforementioned practice to impede and prevent exhaustion was instituted and used on inmate A to prevent him from documenting the conditions of confinement while housed on Obs status, by continuously returning or not acknowledging complaints inmate A filed, when inmate A would ask ICE what happened to his complaints the response of "you'll hear something soon" or "I'm about to make a decision" all without his receiving an acknowledgment receipt of the complaint only to receive the complaint back 20 or sometimes even 30 days later. This was done to complaints which were strictly complied with. (Due Process, Conspiracy and Retaliation, Denial of Access to the Courts.)

Description of DS-1
DS-I, has two segregation wings, A Wing and B Wing each have an upper and a lower tier and a six man back observation area with four cells containing observation cameras and two "fish bowl" cells that contains five big glass windows for easy observation by PC's in the unit "bubble" where the PC's have their control center. A Wing contains twenty-one cells divided in upper and lower tiers, A Wing is known as the dungeon because all the loud, extremely mentally ill, argumentative inmates were housed on A tier. As a direct result of this practice, these extremely mentally ill, loud and argumentative inmates are in constant battle, shower shoes, shoes and brushes are some of the common items utilized to make noise by banging on hollow metal sinks, walls and cell doors. Guards could easily eliminate this excessive noise by removing walking and shower shoes, brushes and give out conduct reports for this disruptive conduct and by splitting up the disruptive inmates but allow this practice as such inmate A has been sleep deprived which plays a part in his decompensation (excessive noise), which results in suicide attempts where he would cut on himself subjecting; due to this decompensation.
25. NO privacy during VISITS by Psychologists, No treatment
DS-I, has either one psychologist or psychological associate who makes weekly rounds usually on Fridays, the psychological treatment consists of a five to ten minute conversation on the tier where inmates must decide to reveal confidential information which may be embarrassing and which will be over heard by other inmates whom will use this information to humiliate and harass, the passing out of photocopies of cartoons, puzzle and newspaper clippings, the placement of inmates on Obs, or taking an inmate off Obs, in DS-I, there is no group therapy, treatment for depression, nor "hands on" treatment, all "treatment" consists on paper and done in cell, without guidance or a meaningful approach to treat any inmate in segregation. The repeated mantra of “get out of segregation” is a common theme to inmate A, who has been continuously held either in a disciplinary status or A.C., a "non-punitive status", which frustrates him and prevents him from obtaining the same treatment other mentally ill inmates are able to participate in. Staff has direct knowledge that inmate A suffers from a severe mental illness and is disabled yet fails to make accommodations for him to participate in psychological treatment and care (Denial of Psychological Care; Violation of the American Disability Act ("ADA"), Rehabilitation Act/ Deliberate Indifference).

26.Recreation? DS-I/ has six outside recreation ("rec") pens, inmates are permitted four rec periods for approximately one hour, their is absolutely no rec equipment, the rec pen is of a chain link structure and resembles that of a dog kennel, inmate A has probably went outside to rec about 30 times from March 03, 2007 to date, exercise is a crucial element in fighting depression, inmates in similar situations in Wisconsin secure correctional facility, a maximum secure prison, has exercise equipment such as a pull up bar, incline bar and a rubber ball, the denial adequate rec and exercise opportunities Balli has decompensated and has made his attempts to fight his depression worse as such as a result of this inmate A has harmed himself and almost died on at least two times between June 01, 2009 to date and has subjection to physical pain and irreversible injuries. Defendants in paragraphs 4-11, and has done absolutely nothing to provide adequate rec, and exercise opportunities (Denial of Adequate Recreation and Exercise Opportunities, Deliberate Indifference, Violation of the ADA and the Rehabilitation Act).
27. No treatment despite numerous. Told he would have to get out of the hole before treatment ,Inmate A asked if he could go to special management ("SMU")/ where there is an environment with no excessive noise and where he could wouldn't be sleep deprived. Told he was did not have a serious mental illness and would not help facilitate a move to SMU. This statement was made contrary to numerous diagnoses of schizophrenia/ schizo-effective disorder/ dystemia, delusional disorder/ major depression and borderline personality disorder (Violation of the ADA and the Rehabilitation Act, Denial of Psychological Care/ Deliberate Indifference).
Suicide attempt
28. On or about May 28, 2009/ Inmate A contacted by a letter indicating his propensity to suicidal tendencies and the need to be moved in an area (the six cell Obs area) where he can be more closely monitored and the need to be treated some how for his mental illness and persistent suicidal thoughts. He had asked personally for help and was told "you'll be fine," and as the guard left the tier, the upset/ depressed and suicidal inmate A yelled at the fleeting defendant "I serious/ I'm gonna cut my fucking head off!" at which point the guard responded "you'll be fine." Let it be noted that Inmate A has an extensive self harm history, he has cut his throat and arms at one time which required three hundred and twenty-two stitches (322).
29. On or about May 29, 2009, Inmate A was observed packing up his property after asking John Doe #9 to be moved in the back Obs area because his "head wasn't right." Inmate A was notified that there was no room open in the back. About
11:00 a.m., guard came to inmate A’s room and requested he come out and speak with. Inmate complied and spoke with guard explaining in vague terms that he felt he was going to "lose it" and the need to go in the Obs area to be properly monitored. Inmate needed to be watched but was afraid of being placed on Obs because of the punitive and restrictive environment. Guard told Inmate A he had two options one was "Tough it out till Monday" when he could speak with clinical or rather e-mail clinical to come and speak with inmate/ or his second option would be placed on Obs. Fearing being left naked with no linens or bedding provisions inmate stated he would tough it out till Monday.
30. On May 30, 2009 inmate given an opportunity to speak with clinical He spoke about the excessive noise and his suicidal idealization, explaining how even his art work was resembling his suicidal idealization and told her how he was denied treatment and that he felt himself spiralling out of control, Clinical requested inmate contract with her that he wouldn't harm himself which he did. She stated that she would try to come up with a contract to help get him either to SMU or DS-II, early because inmate just received a 360 (three hundred and sixty days) program which means he must serve at least 120 (one hundred and twenty days) on step one, and the longer he stayed in DS-I, sleep deprived exposed to the conditions in UU 22-26, he would end up getting stuck in a cycle of harming himself receiving disciplinary sanction leading in a longer duration in the conditions which exacerbates his mental illness. The contract never was forthcoming.
31. At or about 11:00 a.m., on June 01, 2009 guard woke Inmate A by
banging on his cell door and demanded to know why inmate A "wrote the whole institution" on him. Inmate A stated because he refused to provide him with treatment and that he had a right to expose his unprofessional behavior/ at which point guard stated "your going on Obs for that!" Inmate A demanded to know why he was going on Obs when all he did was express his self and four days has elapsed since the letters were written/ Guard said "I don't care your going on Obs." Inmate A said "you didn't put me on Obs when I told you I'd cut my head off/ why are you doing it now? I'm on the verge of losing it and your going to push me over the edge. I'm trying to be cool and at least I got my property/ I'm not suicidal/ nor have I harmed myself in the four days since I wrote that complaint and letters, your gonna push me over the edge!" Guard said "It's not up to me I have no control over it." Inmate A then refused to be placed on Obs when defendant Lane, John Doe #10 and John Doe #11/ request him to be handcuffed and placed on Obs. Inmate A asked guard who was lingering on the side lines in the hallway if he'd be allowed a segregation rubber mat and gown if he complied/ Guard stated "No!" And shook his head in the negative gesture. Inmate A said suit up.
Cell Extraction
32. In preparation of being extracted from his cell he poured water on the floor covered himself with water and a wet blanket and makeshift gas mask to reduce the effects of the gas because he is asthmatic. Inmate A was gassed in excess of (5) five times with chemical agents to gain his compliance/ he was then tazered with an electronic immobilization device even though Inmate A’s floor was wet. He was wet and saturated with chemical agents. The door was opened and Inmate A, shaking and convulsing from the effects of the electronic immobilization device ,was then slammed on the floor. He was punched, kneed, jumped on, choked all while being restrained all the while still being electrocuted. The punches and the lifting of Balli's head and then slamming down on the concrete as well as finger bending and twisting continued all the while that inmate A was completely immobilized and restrained by guards. No one did anything to stop the battery and excessive use of force, and as such inmate A was subjected to pain and injuries to his neck/ head/ hands and body causing him physical pain.
Taken to “OBS”
He was then escorted to DS-I/ unit's B-lower tier and was handcuffed to the B-lower shower door/ he was stripped naked in front of other inmates in plain sight/view and given a "staff assisted strip search/" and then walked naked in plain view of other inmates not subject to a strip search themselves to an unknown cell numbered room.
NO way to clean up, no water
Inmate A, blinded temporarily by the effects of the chemical agents felt along the walls unit he encountered the sink, pushing the sink water buttons he noticed that the water was turned off in the sink and began yelling “come turn my water on!" He was ignored and denied running water. He also requested repeatedly for an after care shower and as such due to the extreme burning pain in his eyes and with the fear the gas would and could burn his eye balls to the point of complete blindness and in extreme pain he was forced to use water in side the toilet to give himself an after care eye rinse/ His body burned from the effects of the gas and caused him physical pain.
Another suicide attempt
Upon the ability to see again and still in pain inmate A observed a comb that was left in plain view sticking out of the cell's back window ledge. Which he used to cut his arm open by removing the "teeth" of the comb and using it in a saw like motion cut a gaping hole into his arm causing him extreme physical pain and irreparable injury. Inmate A was not property monitored guards failed to do fifteen (15) minute rounds. Failing to monitor or remove potentially harmful items stymied the ultimate reason Balli was allegedly placed on Obs therefore. A substantive risk of harm was known yet ignored willingly wantonly, sadistically maliciously and indifferently.
NO emergency Buttons in DS-I
As there is no emergency call buttons in the cells of DS-I, there was no means available for inmates to obtain medical assistance or notify guards to gain help. Inmate’s feeling nauseous attempted to gain assistance by hitting the door yelling "CO/ CO help!" Until he passed out. HE was discovered face down in a pool of his own blood
To Hospital
As a direct result of the self inflicted injury described inmate A was transferred to Devine Savior for sutures to close the gaping laceration/ he was transferred by ambulance and he refused medical attention, authorities, knowing inmate’s prior mental health conditions from suicidal tendencies to incompetences failed to obtain a guardianship nor did he contact any agency to do so/ as a direct result of his negligence Inmate A suffered irreparable injury and denied medical attention (Failure to protect health and safety/ negligence/ deliberate indifference/ and violation of the ADA and Rehabilitation Act).
Returned to Prison
Inmate A was returned back to the prison after his refusal of medical attention/ his laceration was covered in antibiotic ointment and protective gauze/ during the strip search the protective gauze was forcefully removed and then placed in cell on Obs.
Obs placement at CCI is the most spartan and restrictive placement
An inmate can be placed in, the only other placement that is restrictive as Obs, is control status/ this status allows supervisors to review the inmate every shift/ and supervisors can provide property/ such as a suicide gown, to provide warmth/ and "cow matts" (a rubber sleeping apparatus with ridges similar to that seen in a car tire, which provides more physical pain and discomfort than it provides comfort.) These two items/ show clearly that supervisors/ and the defendants/ know control status deprives inmates of warmth/ and sleep/ thus the two items/ only/ provided to inmates, are those which prevents inmates warmth and the ability to sleep.
Control Status vs Obs status
Control status is a punitive status/ wherein Obs status is non-punitive. The defendants Obs placement once within a twenty-four (24) hour period, control status can be lifted within a hour and the inmate will regain all of his property which consists of, 2 wool blankets, one towel, one face cloth, soap, two sheets, one pillow case, one pillow, one mattress (or two if HSU provides a restriction for such), one t-shirt, one pair of long Johns top and bottom, one pair of briefs, a pair of socks and pants, one toothpaste, toothbrush, toilet paper roll and whatever gauze or protective covering for open wounds; Obs placement can last up to twenty-one working days then must be reviewed by an outside psychologist and can continue for months.

Condition of OBS cell=filthy
The celli inmate A was placed in was filthy, blood was visible on the walls, the bed frame was elevated five inches off the floor, and of concrete structure, the floor is concrete, there is a camera in the upper most corner of the wall for continuous Obs by PG's in the control center. There is a ventilation vent located directly next to the toilet, six inches above the floor, which blows cool air continuously, the toilet could not be flushed manually but had to be flushed by PC's upon request,
Toilet paper give 7 sheets at a time, no soap
Toilet paper is given in the amount of seven squares at a time and measures 36 inches in length and 5inches in width, which is insufficient for personal cleanliness after defecation, prisoners are not provided soap and having open wounds inmate A obtained an infection causing him physical pain, for over 24 hours Balli was denied warmth and the ability to sleep because he reported the denial of mental health care and for being "combative during Obs placement,"
A LONG LONG NIGHT
Obs is a placement to prevent self harm and not combativeness, combativeness is a reason for control placement which is punitive, thus, Inmate A was denied warmth and sleep by being denied a suicide gown and cow mat. By being denied a smock and cow mat he was denied sleep and warmth causing extreme pain, and sleep exhaustion he was forced to lay on the concrete with a preexisting back injury causing his back to lock up and spasm, causing extreme physical pain, the concrete saps the body's warmth and due to it's rigid nature causes physical pain after hours of laying on it to the point of bruising inmate’s sides and hip area. The light is on continuously which contributes to the inability to sleep this lasted from June 01, 2009 to June 02, 2009.

OFFERED A SMOCK. On June 02, 2009 at or around noon guard authorized a smock and a cow mat/ the cow mat was cut length wise thus inmate had to place both halves together and due to the lop sided way they were cut there was substantial gaps and when laid upon would pinch his skin the ridges and way of its construction rubbed against his skin and due to it's flatness and hard construction allowed him an hour or sometimes less to sleep until the pain in his back/ hips/ neck and arms overcame him and he would awake the lights in the cell provided constant illumination and this too contributed to the sleep deprivation. Inmate A noticed fecal matter was dried and stuck to the ridges and indentations of the mat/ he told guards there was feces on the cow mat and requested a different one and was denied repeatedly/ he requested soap to wash his hands so he could eat without contaminated hands due to the fact he was fed a bag lunch not provided with a table to elevate his food from the floor and he was forced to sit on the floor or bed frame lay out his finger food with the vent blowing dust/ hair and other contaminates on his food and eat with hands which cleansed his buttocks and genital area with insufficient toilet paper causing his hands to be soiled by bodily excrement/ by using plain water inmate A attempted to cleans himself but obviously this was not sufficient as he obtained an infection to his open wounds/ daily the prison nurse would come to cleanse and change his bandage/ but normally the gauze and tape would fall off/ at the hospital his bandage was wound around the wounded and covered area to hold the coverings in place/ but the prison dictated to the prison nursing staff and they were not to wrap inmate’s wounds/ as such the bandages would fall off/ inmate A in an attempt to prevent this from occurring would twist the seven squares of tissue wound them tight to another seven squares making a twine and tie it together over the taped gauze this would hold it temporarily until this makeshift twine would break and deciding between sanitation from defecation and possible infection/ and infection from defecation would win out.
Toilet paper joke
It is a common joke of PC's whom tell prisoners when questioning the seven squares of tissue policy that those seven squares/ allow prisoners the ability to defecate seven times and cleanse themselves when told by prisoners this is untrue/ prison guards take one square fold the tissue in half once then in half again they then tear open the folded tissue corner about one quarter inch and open the tissue/ then to demonstrate/ would proceed to stick their middle finger in the corn hole/ in the middle of the tissue say "Wipe.1'1 Take the tissue and use it to wipe their middle finger/ smile and walk away.

Inmate A was placed in these conditions between June 01/ 2009 to June 05, 2009/ at around 2:00 p.m., Inmate A was provided with the clothing and bedding described in 5136 when describing the allowable property a prisoner will regain once removed from obs status. As such inmate A was subjected to conditions which in totality of the circumstances caused physical injuries/ infection/ pain/ mental anguish and a feeling of hopelessness exacerbated his mental illness combined by sleep deprivation and humiliation and degeneration Inmate A decided on a plan to Kill himself so rather than expose his suicidal idealization and plan, as he did previously ,he kept them to himself. He was denied showers for five (5) days/ denied recreation/ mail as well as legal mail/ soap/ tooth brush and toothpaste/ clothing for sufficient warmth/ bedding/ mattress/ shoes/ toilet paper in sufficient amounts for sanitation/ books or writing materials/ access to the phone or allowed to file complaints, access the courts nor did any of the defendants take any action to ensure Inmate A’s safety by initiating proceedings for a mental evaluation and commitment pursuant to Chapter 51 by contacting corporation counsel and filing a petition with the courts.
CELL SEARCH
On or about July 01 / 2009, guards searched Inmate A’s cell and found a braided rope/ a sharpened blade and numerous pills (a lot were muscle relaxers).Inmates A was not placed on any restrictions even though he had just attempted a suicide attempt described in 1I33/ of this complaint.
On or about July 02, 2009, at about 5:30 p.m., inmate A was notified that he "should be happy to have a tray" because "tomorrow [he would] be on sharps and bags" for the items found in Inmate’s A’s cell described above.
Knowing that he would be placed on restrictions sometime in the day/ on July 03/ 2009, Inmate A requested a razor when guard passed out razors to be used to shave, knowing he would not get a razor for at least 30 days and he wouldn't be afforded another good opportunity to kill himself as he planned. He quickly dissembled the razor broke the razor in half taped one half up and swallowed the taped up razor half to ensure a second suicide attempt if the first failed by being able to defecate it out he would be able to keep on doing so until he was successful. The other half he wrapped with paper and string to secure a handle and began cutting his throat, and both of his arms where blood is normally withdrawn causing him extreme pain.
Guard returned twenty minutes later after hearing another prisoner who resided directly across from inmate A who seen blood in his room squirting and screamed for help because there is no emergency call buttons in the cell/ but after about ten (10) minutes of his and other prisoners screams for help guard came to inmate A’s cell which was covered in blood and told him to return the razor. Inmate A was non-responsive after a couple more minutes guards approached inmate’s door and told him to give up the razor because he "did a good job already/" as blood was squirting out of Inmate A’s arm. He was non-responsive.
42. XXXX told Balli to come to the door to be handcuffed and removed from his cell or he would be subjected to chemical agents. Balli was non-responsive and was continuously cutting his arm which had not yet started squirting blood like his other wounds already had. XXXXXXX began gassing Balli with chemical agents but XXXXXXXXX kept on cutting/ he was gassed two more times and XXXXXXXXX after about five minutes told the PG in control both to "Open Balli's door/"5t which point Balli yelled "mind your own bussiness" and "go away/ leave me alone." Balli's door was opened and he was subdued/ his wounds were assessed and an ambulance called. Balli was taken to Divine Savior Hospital and subsequently air lifted to Madison University Hospital and given blood transfusions. Balli spent the night in the hospital and was transferred back to CCI on July 04, 2009, or thereabout; Balli suffered irreparable injuries and harm.
43. Balli was subjected again to the conditions described in Ulf 2*1-26 and Hff 35-36. On or about July 05, 2009, Balli was given a smock and a cow mat and was subjected to the conditions described in U37 of this complaint.
44. On or about July 07, 2009, at about noon, Balli defecated as he had done
-33- since July 04, 2009, and in a "Fish Tank" type cell while in plain view of any PG or sgt./ whom cared to notice Balli begun searching through his fecal matter and did find the razor half he had previously ingested on July 03, 2009. Balli due to the failure to properly monitor and ensure Balli's safety as previously stated in H23 sub.(c) of this complaint was allow an unlimited amount of time to dig through his fecal matter obtain a razor and he then began to cause himself irrepairable injury and physical injury, in his cell Balli began cutting his thigh twice making four inch long gashes about an inch wide, he cut his neck again in an area which wasn't previously cut and cut open a new location on his arms where blood is normally taken this wound began squarting blood which inmate Matz in the cell across from Balli's observed, he then enlisted the help of Terry Anderson, and Raymond Kelly (Please see attached exhibit #1, incorporated and appended herein by "Declaration of Raymond Kelly".) About ten minutes ensued when XXXXXXXXX came into the observation area and XXXX stopped by Matz1 door and said "Shaun quit the banging!" Matz and Kelly began yelling at XXXXXXX saying if XXXXXXXX did his job they wouldn't have to be banging and that "Balli is bleeding every where!" and "get a nurse!" XXXXX said "O.K." after looking into Balli's cell, he then looked at Matz smiling looking dumbfouded and did not move until Matz and Kelly started screaming to "get up" and "your evil." XXXXXXX acted with callous, recklessness, with malice and deliberate indifference and disregard to Balli's health and safety. Until Kelly yelled "I'll be writing the court's about this!" Did XXXXXX leave to go inform security, as a result of PG XXXXX failure to perform 15 minutes observation checks as well as John Doe sgt #1 & #2, as well as John Does #1-20, failure to ensure that Balli was properly monitored and checked and because there is no emergency call buttons in which prisoners may contact emergency help Balli was subjected to irreparable harm, personal physical
45. About five minutes later after Balli once again Swallowed the razor he used to cut himself with, PGs XXXXXX arrived at Balli's door with a plastic safety shield and mechanical restraints laughing, and joking saying that it was a "Birthday present" describing the blood squirting out of Balli's arm while standing in front of Balli's cell. A few minutes later defendant XXXXXXX and support staff XXXXXXX arrived and asked Balli to come out of his cell and to receive medical attention which Balli refused to do saying "No, this is the final draw!" and "No, I'm going to die this time!" Defendant XXXXX said "I got twenty dollars if you come out." and defendant XXXXXXX threatened several times to gas Balli. Prisoners Kelly and Matz were screaming that "Gas doesn't have an effect on Balli!" Defendant XXXXX never the less began gassing Balli hitting directly in the head, neck, arms and upper torso area, and continued to do so until the "Mark 9 fogger" was empty and promptly began using another full one. Balli was coughing but still refused to come out and blood was squirting out of his arm. Soon thereafter, defendants XXXXXXXXXXX, and Lane arrived. Defendant Lane informed defendant XXXXXXX that "he, wll not come out, gas doesn't work on this guy, you have to taze him" (meaning gas doesn't work on Balli). Defendant XXXXXXX left and returned minutes later with the -35- m-26-x air dart tazer and pointed it at Balli saying if Balli did not put his hands out to be cuffed Balli would be tazed. Balli complied/ was restrained and taken to the dayroom where he was assessed and prison nurses said Balli could be driven by security to Devine Savior for medical attention (HH 38~45/ defendants made acts and or omissions and failed to curb and or correct acts and or omissions in violation of the ADA/ The Rehabilitation Act/ denial of psychological care excessive use of force/ deliberate indifference/ failure to protect health and safety/ negligence/ assault and battery/ subjection to the denial of psychological care/ subjection to unsafe and unsanity living conditions in violation of Wisconsin Tort laws and state and local health sanitation codes.)
46. While at the hospital and prior to being transferred to the hospital Balli was denied the opportunity of an after care shower to remove the excessive chemical agents which was embedded in Balli's facial beard/ hair and skin of his body/ but because of Balli's protests to the nurses at the hospital and because of Balli's continuous complaining of the burning pain in his eyes neck back/ arm pits buttocks and genital areas and the excessive gas caused defendant XXXXXand escorting PGs to cough Balli was given a drenching type "bath" whereas the PGs poured water on Balli's head (which got into his eyes reactivating the chemical agents) and told Balli that was all that could be done. Subjecting Balli to physical pain.
47. Baill refused medical treatment to be sutured by a doctor and this John Doe doctor initiated a commitment proceedings to force medical treatment. Upon notification of a court order to treat/ Balli allowed the doctor to sutured his wounds after such the doctor notified defendant XXXXXXXX of the commitment procedure he has initiated and that he was attempting to have Balli committed and was planning on keeping Balli over night at the hospital due to
-36- Balli's repeated self injurious behavior and CCI's inability to monitor and prevent Balli's escalating suicidal behavior, defendant XXXXX notified Balli that he didn't care what the doctor wanted, he wasn't going to stay at the hosiptal and if Balli didn't get in the wheel chair he would shock him. Balli was wearing an electronic immobilization device around his calf, because he had a "Mallard game'*' to go to in Madison [he wasn't] going to miss." In fear of electrocution he complied and was whisked out of the emergency room without being discharged, subjecting Balli to irreparable harm.
48. Balli was returned to CCI and was placed on Obs status without being given an aftercare shower to remove the excessive chemical agents that Balli complained to defendants Berkebill and Keller, nor was he given a smock nor cow mat and subjected again to the conditions described in 1TH 24-26, and UH 3S & 36, and extreme pain.
49. On July 08, 2009, at or about 10:00 a.m., Balli was given a smock and cow mat and subjected to the conditions in U37 and at about 1:00 p.m. or 2:00 p.m. , Balli was removed from his cell to use the phone for a phone conference commitment proceedings, at whieH time Balli continuously requested in the presence of an unknown police detective to please be able to have an aftercare shower because he had been gassed the day before and was not afforded one Captain John Doe told Balli he would get one after his call completion. The defendant XXXX told the court thai: Balli is a danger to himself and that he did not suffer from any severe mental illness. The court placed Balli on Emergency detention. Balli was allowed to shower afterwards and subsequently transferred to the Wisconsin Resource Center ("WRC")(HH 46-4*1.* defendants made acts or omissions and failed to curb or correct acts or omissions in violation of the ADA and The Rehabilitation Act, denial of psychological care, excessive use of force, deliberate indifference, failure to protect health and safety,
neligence/ assault and battery, subjection to the denial of psychological care/ subjection to unsafe and unsanitarty living conditions in violation of Wisconsin Tort laws and state and local health sanitation codes.))/ subjecting Balli to irreparable injury and pain.
CLAIMS FOR RELIEF
50. Defendants in HIT 4-21, have used segregation as a means to control Balli and punish him for past misbehavior and to chastise and deter him from ever engaging in the behavior which was used to place Balli in segregation on A.C., a non-punitive status and on Disciplinary Separation ("DS") and Program Segregation ("PS") a punitive status, the conditions and subsequent pain, suffering and mutation of Balli's body are attributed to those conditions and was done with a systematic approach of callous, recklessness, maliciously and deliberate indifference of Balli's health and safety and mental illness and with the foreknowledge of Balli's propensities of self injurious behavior in complete disregard for Balli's constitutional rights to be free from the conditions described herein, in order to mete out punishment which is not proscribed by statute or sentence or judge, with actual knowledge of a substantial risk of serious harm and by the obviousness of the risk. Defendants acted and or failed to act with the knowledge that left in the conditions of segregation and without mental health treatment and of the conditions described within this complaint that Balli would suffer from substantial harm which Balli did, knowing Balli has a history of namely that of a suicidal and self injurious behavior which could and or would result in permanent injury damage and or harm, with the possibility of death constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.
51. The actions of defendants XXXXXXXXXX
in using excess force without need when Balli was restrained and compliant constitutes the tort of assault and battery under the law of Wisconsin and was done maliciously and sadistically to cause harm and inflict pain and constitutes cruel and unusual punishment in violation of the United States Constitution's Eighth Amendment.
52. The failure of defendants XXXXXXXX to take disciplinary or other action to curb the known pattern of physical abuse of prisoners and of Balli by defendants in H51 of this complaint constituted deliberate indifference to and proximately caused the above described violation of the eighth amendment rights and assault and battery. Of the Constitution of the United States and the Laws of the state of Wisconsin.
53. The actions and inactions and failure to curb and or correct the acts and or omissions of defendants XXXXXXXXXX in failing to provide Balli with meaningful psychological care and by failing to ensure his health and safety from himself due to the conditions defendants exposed Balli to constituted deliberate indifference to and proximately caused Balli to harm himself severely with irreparable harm and possible death by subjecting Balli to the conditions described in HH 23 -
RELIEF REQUESTED WHEREFORE/ plaintiff requests that the court GRANTS the following relief:
A.) Issue a declaratory judgment stating that;
-39- (1.) The physical abuse of the plaintiff by defendants XxX and John Does violated plaintiff's rights under the Eighth Amendment to the United States; and constituted an assault and battery under Wisconsin state law.
(2.) Defendants XXXXXXXXXXX failure to take action to curb or correct the physical abuse of prisoners violated the plaintiff's rights under the Eighth Amendment to the United States Constitution and constituted as an assault and battery under Wisconsin state law.
(3.) Defendants XXXXXXXXXXactions in failing to provide plaintiff with meaningful psychological care and by failing to ensure his health and safety from himself and that the conditions of confinement that Balli was subjected to and still is exposed to and continues to expose Balli to is in violation of the Eighth Amendment to the United States Constitution and was the proximate cause of harm Balli was subjected to; and is deliberate indifference to subject Balli to these conditions.
(4.) Defendants in HIT 4-21 subjected Balli irreparable harm and caused physical injury by subjecting plaintiff to the conditions described within the complaint; which violates the Eighth Amendment to the United States Constitution.
(5.) Defendants in 1TH 4-24, acted with deliberate indifference with wanton malice, sadistic recklessness in total disregard for Balli's mental illness and physical safety in violation of the United States Constitution Eighth Amendment.
(6.) Plaintiff is a disabled person pursuant to the meaning of the American Disability Act/ and The Rehabilitation Act and that the defendants in H 4-21, violated Balli's ADA and Rehabilitation Act rights by failing to make accommodations to allow Balli psychological treatment and be free from the conditions described in the complaint.
(7.) The plaintiff was subjected to irreparable harm and or harm as a result of WDOC and the defendants failure to ensure that the policies and procedures were enforced and that the failure to enforce those policies and procedures constituted a common practice as to be a custom or usage with the force of the law even though it is not and was not authorized by written law or express policy.
(8.) That the equal protection rights of Balli was violated and a state created liberty interest exists in being free from undue restraint of CCI's step procedure in violation of due process.
(9.) That XXXXXXX denied Balli adequate medical treatment for his back injury and subjected him to unnecessary willful wanton sadistic and malicious infliction of pain and injury with the knowledge of a foreseeable substantial risk of injury and or harm, with deliberate indifference.
(10.) That XXXXXXXXXXX denied Balli adequate medical
treatment for his back injury and subjected him to unnecessary willful wanton,
sadistic and malicious infliction of pain and injury with the foreseeable substantial risk of injury and or harm with deliberate indifference.
B.) Issue an injunction ordering defendantsXXXXXXX ot their agents to:
(1). Immediately arrange for Balli to be transferred to Mendota Mental Health, Winnebago Mental Health ot the Wisconsin Resource Center and to be released from segregation so Balli can begin mental health treatment programming; and place him in general population with restoration of all rights and privileges.
(2). Immediately arrange for Balli to be seen by a back specialist receive an M.R.I., and have WDOC and its agents and employees provide treatment that a back specialist deems appropriate and to obtain the records of Balli's medical file in Dallas Texas and provide medication etcetera that a back specialist deems appropriate to treat Balli's Condition.
-41- C.) Award compensatory damages jointly and severally against defendnats in HU 4-21,- for the physical and emotional injuries sustained as a result of the plaintiff's beatings and resulting from the conditions of confinement and self injurious harm he was subjected to as a result of being held in those conditions in the amounts deemed appropriate by the courts and or a jury.
Award court costs mailing costs and all costs associated with the preparation and filing of this action.
Award nominal and or punitive damages jointly and severely against defendants in 5111 4-2.1, for the emotional injuries sustained as a result of the plaintiff's beatings and resulting from the conditions of confinement and self injurious harm he was subjected to as a result of being held in those conditions/ in the amount deemed appropriate by the courts and or jury.
Make the awards of damages exempt from costs associated with housing/ feeding and clothing/ treating medically/ psychologically and or transporting Balli.
Award attorney and filing fees and grant any other relief as this court or jury feels that the plaintiff is entitled to.
EXHAUSTION OF REMEDIES.
Plaintiff has exhausted all administrative remedies afforded to him in regards to the claims stated herein pursuant to the PLRA with strict compliance.
ATTACHMENTS INCORPORATED
(a) Affidavit attached/ appended/ and incorporated into this complaint by Terry Lee Anderson titled exhibit No.5.
(b) Declaration attached appended and incorporated into this complaint by Timothy Crowley titled exhibit No.4.
-42- (c) Affidavit attached/ appended/ and incorporated into this complaint by Luis A. Ramirez titled exhibit No.3.
(d) Declaration attached/ appended/ and incorporated into this complaint by Ramond Kelly titled exhibit No.2.
(e) Declaration attached/ appended/ and incorporated into this complaint by Ramond Kelly titled exhibit No.l.
(f) Petition for civil commitment attached/ appended/ and incorporated into this complaint as exhibit-A.
(g) Petition for medication during detention or commitment attached/ appended/ and incorporated into this complaint as exhibit-B.
(h) Order of commitment for treatment (incompetency) attached/ appended/ and incorporated into this complaint as exhibit-C.
(i) Dennis Jones'El v. Berge, Prisoner Key (Filed under seal in Case No.OO-C-421-C, attached, appended and incorporated into this complaint as exhibit-D.
(j) Notice of probable cause attached/ appended/ and incorporated into this complaint as exhibit-E.
Attachments appended and incorporated into this complaint are true and correct copies declared under penalty of perjury.
EXHAUSTION
The plaintiff has exhausted his administrative remedies pursuant the the provisions of the P.L.R.A./ specifically he has filed complaints and has appealed any denials to the proper divisions and authorities for the issues contained in this complaint by filing complaints for:
A.) WDOC's failure to ensure rules and policies to be enforced;
1. Denied H.S.R. form Receipts #CCI-2007-18050.
2. Denial of access to the courts #WRC-2009-18242.
3. Failure to protect health and safety #WRC-2009-16395.
B.) Denial of equal protection to participate in programming afforded to similarly situated prisoners in violation of state created liberty interest.
1. Denied step participation #CCI-2009-23565.
-43- C. Conditions of confinement denial of adequate mental and physical health treatment/ cruel and unusual punishment.
1. Unsanitary living conditions #CCI-2009-13939.
2. Deliberate indifference to health and safety forced to perform surgery on self #CCI-2009-24108.
3. Denied two mattresses on Obs deliberate indifference to back injury #WRC-2009-17167.
4. Bandages removed when placed on Obs causing an infection due to unsanitary living conditions #WRC-2009-17168.
5. No emergency call buttons #CCI-2007-20527. . '
6. No emergency call buttons #CCI-2009-14239.
7. Denied basic necessities of life #CCI-2009-13940.
8. Excessive use of force #CCI-2009-13327.
9. Cruel and unusual conditions of confinement #CCI-2009-12173.
10. Inadequate medical treatment #CCI-2007-17965.
11. Inadequate medical care #CCI-2007-16736.
12. Excessive noise sleep deprivation #CCI-2007-17952.
D. Retaliation.
XXXXX retaliation #CCI-2009-13328.
Conspiracy to prevent exhaustion #CCI-2009-13058.
Conspiracy to prevent exhaustion #CCI-2009-13327.
Plaintiff has complied strictly to the provisions of exhaustion and the
aforesaid complaints detailed in this exhaustion sections A-D have been fully
exhausted and no available remedy is readily available.
DECLARATION VERIFICATION
Pursuant to 28 U.S.C. §1746 I Raymond G. Kelly declares under the penalty ol perjury that the statements contained in the above detailed complaint is true and correct to the best of my personal knowledge understanding and belief.
My signature verifies the same.
Signed at:
Dated: -
Pursuant to 28 USC §1746 I Loreno S. Balli declares under the penalty of perjury that the statements contained in the above detailed complaint is true and correct to the best of my knowledge, understanding and belief. My signature verifies the same.
Signed at Signed under-penalty of_perjury. County

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