founders advocacy

2011-05-22T10:46:00.000-07:00

ADHD a constant problem.
Problem of treating Attention Deficit Syndrome in prison

from letters received from a Wisconsin segregation prisoner in January and May 2011
These people have been denying me my medication (ritalin and Aderall) for ADHD since I got locked up in 2006. I'm repeatedly told that because the DOC does not want amphedamines in the institutions, that the only way I'll be considered for treatment, is if I get into school. However, any efforts I make towards getting into school and furthering my education are hindered and /or blocked.
I'm constantly hooked up on bogus write-ups and rail-roaded through the kangaroo court/disciplinary process. Which I believe is a concentrated effort preventing me from getting into school for fear they might have to let me have my medication. So I have been limited to self study and self rehabilitation since I've been locked up.
The institutional library also does not offer the "inter-library loan " program here like other institutions ( a program which allows us to check out books by specific title form other libraries) and one of the books in the institution's libraries are up to date or pertain to my fields of study. or I have already read them.
My current release date is 3-24-2012 but am also fighting on appeals and my goal is to learn as much as possible in my fields of study before I get out. After release, I plan to enroll in college for paralegal and business management degrees, but, I am going to take the "college level examination test" to obtain college degrees

May :( first he explains how he is indigent and took so long to write back becasue he gets only one stamp per week.) From may 5, 2011
"I started flooding the psych services unit (PSU) with requests for treatment , and they finally put me back on some medication. It's called "citalopram 20 mg. " I've never heard of it before and I don't think It's supposed to be used for treating ADHA because it makes me feel weird and out of balance and upset stomach. The Dr told me he wasn't going to put me back on "Ritalin 20 mg " because the DOC don't want this medication in the institutions and he refused to put me back on "strattera", which I was taking on the streets, because it cost too much."

As advocate, FFUP Founder has ordered this prisoner embossed stamps,is sending info from the web on new medicine this prisoner is now taking and does not trust, is corresponding with the above prisoner, Connecting him with prisoner litigators who can guide him in prison law, and trying to get guidance from the National Attention Deficit Disorder Association. We are always looking for lawyers and other activists who work with prisoners. If you are one of these, Contact FFUP founder by email: swansol@mwt.net
__________________________________________________________________

Below is report from NADDA website, (National Attention Deficit Disorder Association)
Advocating for ADHD in the Departments of Correction
Friday, February 18, 2011
By: Janet Kramer
Advocating for ADHD in the Departments of Correction
ADDA advocates for the improvement of treatment of ADHD, mental illness and developmental delays for individuals in the correction system. Parents, spouses, friends and professionals have reported that ADHD-diagnosed individuals rarely receive prescribed medication during incarceration and even while on probation, a huge problem since ADHD is the most common developmental/behavioral disorder in correction facilities, affecting over 25 percent of offenders.
ADHD Affects Many Offenders
ADDA and the National Commission on Correctional Health Care (NCCHC), the major correctional health accreditation organization, formed a collaboration to educate correctional professionals concerning the identification and appropriate treatment of ADHD. We hope to make accreditation of correctional institutions hinge on an institution’s appropriate treatment of inmates who are mentally ill, developmentally delayed or who have ADHD.
Jailing citizens for socially unacceptable behaviors, including poverty and mental illness, was once common. Despite improvements between 1920 and 1970, “tough on drug crime” policies implemented in the 1970s were a step backward. Under these policies, people experimenting with drugs, behaving badly or impulsively, self-medicating with street drugs and even the mentally ill end up in prison. The result? More mentally ill people are in prison today than in all the United States mental hospitals combined, and still public mental hospital funding decreases.
Corrections Focus Is Counter-Productive for ADHDers
In its role of maintaining public safety, corrections shifted its philosophy from rehabilitating offenders to “not letting offenders use the system to get drugs.” Because of potential abuse, incarcerated drug offenders no longer receive appropriate medications for mental illness, ADHD and autism while incarcerated. Furthermore, only recently did substance abuse treatment programs in prisons and jails admit incarcerated offenders on medications to treat mental illness or ADHD, making it impossible for a prisoner with ADHD and/or mental illness to receive substance abuse rehabilitation services and medication at the same time.
ADDA’s Working Group on ADHD and Correctional Health
In 2007, several ADDA members formed the Working Group on ADHD and Correctional Health to work with correctional health professionals concerned with the quality of diagnosis and treatment of offenders with developmental delays, ADHD and mental illness. Though some correction facilities treat ADHD-diagnosed juveniles with medication and counseling, only rare adult facilities will treat an inmate with ADHD with medication or coaching and training, even if other psychiatric comorbid illness is treated.
Making Significant Progress
The ADDA Working Group’s twenty volunteer members have worked to raise awareness of ADHD in the correctional system and to promote the recognition, evidence-based diagnosis and treatment of all ADHD offenders by:
1. Publishing numerous articles in scientific and general interest publications.
2. Presenting at:
o The National Commission on Correctional Health Care (NCCHC) Annual Conference for the past 3 years (DVDs of the proceedings reach over 2000 correctional health care professionals)
o The 2008 ADDA Annual Conference, and
o Other national and state conferences sponsored by mental health, correctional health and policy organizations.
3. Developing the ADHD Harm Reduction pilot research project, which we’ve been supervising and supporting since March 2010. We evaluate ADHD prisoners scheduled for release and bring together community resources to provide treatment to reduce the high rate of reincarceration for these offenders.
4. We educate probation officers, law enforcement professionals and correction officers to recognize ADHD symptoms and to interact more therapeutically with ADHD-challenged individuals. Even the judiciary has expressed interest in incarceration alternatives for low-level offenders with ADHD.
Primary Goal: Corrections Accreditation Hinges on Proper Handling of ADHD
In 2011, we have set a goal to develop an ADDA White Paper on ADHD in Corrections to advocate for national correction accrediting organizations (NCCHC and ACA) to include the diagnosis and full treatment of ADHD and its co-occuring disorders as the standard of care for both adult and juvenile inmates.

ADDA needs you. While we’re making progress, we have a long way to go and we need your help. All ADDA members interested in joining the working group should contact Janet Kramer, MD CCHP, the co-chair at jkr5936763@aol.com.

abuse of administrative confinement

2011-05-14T13:18:00.000-07:00

Solitary Confinement___________March 5, 2011

IN THE NAME OF ALLAH, Most Gracious, Most Gracious

1) Introduction

I've been incarcerated since Nov. 2, 1993 and in solitary confinement since June 24, 1999. I was sentenced to life in prison June 27, 1994 for 1st degree intentional homicide. I will be eligible for parole June 27, 2019, Insha^’Allah. At the time in question I was a young adult in my late teens full of rage, hate, passion and completely numbed by the social ills of white racism and Urban Fascist Amerika. It all happened so quick: A friend was robbed, he solicited my assistance and the rest is history. The impact of what took place and the prison sentence I received in return did not resonate with me until years later. What's so sad and disturbing is that I was looking forward to prison; I wasn't scared, nervous nor concerned on any level.

The first prison I arrived to was Dodge Correctional Institution and then to Green Bay Correctional Institution (GBCI). My second day at GBCI one of the brothers gave me a couple of books to read, one was Blood In My Eye, by George L. Jackson. The other ones were World's Greatest Men of Color by J.A. Rodgers and Native Son by Richard Wright. I had read Native Son when I attended school in Gary and being brought up in an Afrocentric household I was all too familiar with the Black Consciousness Movement. These books reminded me of home, my parents, and precipitated me to reflect on my life, community, family and my experiences in an Alkebu-larian Diasporian (Amerikanborn Afrikan) in Amerika. With this came relentless study and research, which enabled me to not only reflect on but to re-educate myself. I studied myself and the human condition. In 1996, I became deeply involved in Black Revolutionay-Nationalist Liberation politics. I had swore off religion when I was a youth but began to study all religions and eventually re-embraced Islam in the late 1990s, (I say re-embraced because I was a Muslim/ Bilalian in my youth but swore it off after becoming frustrated with contradictions I discovered). Due to the lack of Black Solidarity in the Wisconsin prison system, I decided to start a Black Liberation Organization with the aim of creating a Black United Front among Afrikan descendant[ed] prisoners. I signified to the Afrikan prison hoi polloi the importance of abandoning the colonial-criminal mind-set, re-educating ourselves, becoming better human beings so that when we return to the community we can help rebuild it and become pillars of it, Insha' Allah. Needless to say, quite a few were unmindful to my message and the prison administration at GBCI saw me as an immediate threat.

On June 24, 1999, I was kidnapped and abducted out of general population and placed in segregation status pending a conduct report (CR). The CR was based on fabled statements made by a so-called Confidential Informant, accusing me of planning a revolt against prison staff and Anglo prisoners. It was also based on my political activities and efforts to build a united black front. I received 360 days program segregation.

2) Supermax

In late 1999, the Wisconsin Department of Correction (WDOC) opened up a super-max prison in Boscobel, Wisconsin to house Wisconsin's worst of the worst prisoners. It cost the taxpayers 48.5 million dollars and it was a waste of money because Wisconsin's prison system isn't dangerous. The point of the supermax was to warehouse and isolate activist prisoners. Such prisoners are litigators, Muslims, Revolutionists, leaders and people who have a positive influence over other prisoners. The system sees such prisoners as a threat, so they conjure up spooky images and descriptions of said prisoners to justify the persecution and oppression of them.

April 25, 2000, I was transported from GBCI to Supermax Correctional Institution (SMCI), renamed Wisconsin Secure Program Facility (WSPF). In June or July of 2000 I was placed on Administrative/Solitary Confinement (AC) segregation status, and I remain on such to this very day. The racist, totalitarian WSPF prison administration has went out of its to label me as a racist, terrorist, agitator with no proof what-so-ever to justify the continued and prolonged isolation of me. I have been in the hole for twelve years come June 24, 2011 , and one would think, that I killed someone while in general population (GP) or raised havoc since my placement lere, and none of that is true at all. I have never been suited up on or received an infraction for being disruptive nor disrespectful towards staff or fellow kap-tives. I've been written up for writing essays renouncing the N-word and promoting community responsibility. I've been accused of being a domestic terrorist because I speak Swahili fluently and according to prison officials Swailli is tie language of the Black Guerrilla, who they accuse of being a domestic terrorist group. What is taking place with me is pure and unmistakable political oppression. AC is used by the state to isolate Afrikan and Latino prisoners, for the vast majority of AC prisoners in Wisconsin are of Afrikan and Latino descent, 75% being Afrikan. And 90% plus aren't on AC for violence, but for their politics. This is a serious Human Rigits issue that must be examined and brougit to the forefront by concerned citizens.

3) The Upside of Solitary Confinement

Isolation has enabled me to tune into areas of my life that needs major improvement. I've become more in touch with my humanity and more sensitive to the plight of all people. I've abandoned a lot of my old beliefs; beliefs that divided and kept me in a state of stagnation. I give all praise and thanks to Allai (SWt) for this Islam, true Islam has taught me low to be a better human being and my development in that area is ongoing. I've written two books and over 300 poems, writings and essays (I've written over 450 altogetier, but over 300 under these conditions), while in solitary. I have taught myself Kiswahili and I'm currently teaciing myself Arabic. I disbanded tie group I created in tie 1990s in 2004. I'm still committed to tie struggle but I'm through trying to reach out to individuals wio are complacent with being held hostage to psychological slavery and its byproducts.

4) Tie Downside of Solitary Confinement

I haven't had a contact visit since 1999 and all my mail is monitored. Every-thing I write is misinterpreted and those who supported me have been chased away by overzealous prisoncrats. They use scare tactics like he's a racist, a terrorist and unless you cut ties with lim, you too, will be labeled a terrorist etc. Psychological issues I had as a ciild and was able to grow out of and repress over the years have returned with a vengeance. New ones have cropped up as well. I'm extremely, severely paranoid, I have bi-polar disorder, OCD/mysopiobia (aka germopiobia) and somaticization disorder. My mood fluctuates rapidly and I often find myself in deep manic depressive slumps. Every time I am touched by these people, I feel dirty, like things are crawling on me and biting and pinching my skin. This started in 2003 and I have never experienced this before; these sensations are psychiatrically termed "somatic hallucinations." I learned that tiey're symptoms of bi-polar and schizopirenia. I was diagnosed with bi-polar and psyciotic disorder as well as attention deficit disorder (ADD) as a child and spent time in mental institutions in my home state of Indiana, but I grew out of it and never, ever experienced what I refer to as "crawling sensations". I addressed these sensations by washing up, and in the beginning it worked, but now they're not receptive to the washing. Now, I'm addicted to washing up (I wash up 12 to 16 times a day). I wash my lands anywhere from 70 to 100 times a day. My goal is to get it down to 30 times a day, but it's hard under these conditions. I clean the cell 4 times a day and sometimes up to 1 5 times a day. As for sleeping, I have never had a decent sleep since my incarceration and in solitary it's even worse. There las been times where I went without any sleep for eight days in a row. The average I'm witiout sleep is 3 to 4 days and when I do sleep it's for two to three hours in spasms (i.e. 15 minutes here, 10 minutes there etc.), never in one span, and I never feel rested. The lights are always on, someone is always yelling, singing, fussing and pounding on the doors.

I came to this place with 20/20 vision, I can barely see and need glasses for everything. Over a year ago, I developed in my head noises that make a clicking, popping and heavy breathing sounds every time loud noises evince. I suffer from severe migraines due to insomnia and the noises intensify the migraines and trigger headacies when I don't have migraines. These noises frustrates me to tie point where I become violent and sad over not being able to control tiem, and I often times slip into these psychotic stupors and blackout. In these stupors I vomit, sweat, cry, suffer nose bleeds and experience things that I thought impossible for a human being to experience. The somatic hallucinations I spoke about earlier also triggers stupors as well as my issues with germs and excessive washing and cleaning. The insomnia induces anxiety attacks and severe irritability. All of this contributes to manic depressive episodes. Everything seems to irritate me from water dripping in the sink, the flushing of toilets , loud-mouthed brothers, singing, the rattling of keys, the opening and closing of doors and traps. These type of things didn't bother me beforehand, but years of isolation and no treatment for my prevailing psychological symptoms/issues are beginning to take its toll to a certain extent. Most people don't even know what I'm going through for I conceal it well, but those wio know me, i.e. my closest allies, which aren't many, know what I'm going through and are very supportive. They're very patient, too, because my paranoia and bi-polar mood swings have ruined a lot of associations with individuals who weren't my true friends and brotiers to begin with.

What I hate about isolation is that I'm forced to focus on both the bad and the good. I would rather forget the bad tiings; things such as those who have crossed, back-stabbed, lied on and betrayed me. Things such as painful, heartbreaking tragedies. The psychological symptoms brings all of this to the forefront, and makes coping with things such as the loss of a loved one very difficult and in some cases almost impossible to do.

Whenever I get to these lows, I reflect on my faith and recall the dogged spirit of my people, who have always bee able to rise through the hardship and turmoil. My survival is based on staying to myself, speaking to no one, praying 5 times a day, exercising and journalizing my thoughts (that is when my concentration mode isn't overwielmed by my bi-polar symptoms). Without these activities I'm not sure if I would be able to carry on. I will never be counted among the broken, but I'm not normal nor unaffected by the lash of incarceration and solitary confinement. None of us are.

Conclusion

This is a Human Rights issue, and so I call upon concerned citizens of Amerika (and tie world) to petition their local legislatures demanding the closing of supermaxes and other segregation units, to bring this matter to the United Nation's Counsel on Human Rigits, to investigate and highlight how supermaxes and segregation units are being used to persecute and break the will of prisoners, in particular non-violent prisoners wio are politically, religiously, culturally and socially conscious. In addition, tie plight of mentally ill prisoners in these places and those who become mentally ill due to long-term isolation and tie dismal conditions of these places must be investigated and viewed as a hideous Human Rigits violation.

Tie struggle continues,

In Solidarity,

Author anonymous

REPORT ON MENTALLY ILL IN SEG

2010-10-31T06:54:00.000-07:00

Forum For Understanding Prisons (FFUP)
a 501c3 non profit
James Greer, Director
DOC health Services
PO Box 7925, Madison, WI 53707

Senator Lena Taylor
PO Box 7882
Madison, WI 53707

Report on Conditions in CCI segregation Units and
Prisoners’ suggestions for improvement
September 5, 2010
Hello,
Since the beginning of my work with prisoners I have had a special place in my heart for the mentally ill in our system, many who find themselves perpetually in segregation, and now count among the people I most admire, those prisoners who have been able to gain enough insight into themselves and their situation to get out and stay out of the “hole.” Over the years I have kept an open mailbox for prisoners in trouble and had brief spurts of actual FFUP programs for them, but I am now getting too many desperate cries for help and have no more to offer them. I am writing to ask for your help.
After one restless night I came up with the idea of eliciting from several of the most at risk seg prisoners, a list of doable, not expensive improvements. I told them I would do a report to “the powers” and we would push to get the suggestions enacted.
I don’t think I need to go into graphic details of conditions in our seg units and I have written both of you many times on this issue- we all know responsibility lies squarely at the feet of that amorphous entity “the American People.” We closed our mental hospitals and provided no alternatives and gave the prisons no tools to deal with inevitable influx of the people unable to abide by Society’s or the prison’s rules. I am not looking to blame here, I am looking both for short term solutions and a beginning of a dialog between those enduring the conditions and those who can make some difference in those conditions. I know there are many lawsuits out there and I hope this is another way to make a difference.
I will list the suggestions made by prisoners, put in appropriate quotes from their letters, insert my notes and then add some of my own suggestions. All letters are available in original form if you would like to read them. I hope you will take this effort seriously, for I do believe the prisoners in seg will cooperate to the best of their ability if they believe they are being listened to.
Contents:Ideas discussed in next pages:
-Doable soon, not systemic problems
1) Make list of books available from the library and make sure prisoner in seg have access to it.
2) Allow seg prisoners to give their magazines and periodicals to other seg prisoners
3) Book Donation and mentoring program for segregation
4) Separate predatory high functioning prisoners from the vulnerable mentally ill.
5) Duration of seg steps should changed to be like those at WCI
6) Importance of hygiene items for indigent prisoners

-Systemic problems- discussed at end.

Practical Solutions that take little or no money
A)Books, educational materials, tutors, magazines
Prisoners have little or nothing to do all day. Books on the seg cart are the worst of the lot, often falling apart. Many people complained that they are not given a list of the books that are in the library, so they do not know what to order. Another prisoner says the prisoners often have to destroy their periodicals after reading them and are not allowed to give them to another prisoner although many mentally ill cannot read so magazines are important.
Some quotes about books and programs:
“Right now they are doing groups for us on DS – 1 , DS-2 and HU- 7, DS-1 groups were just started earlier this year and they have started doing more on DS-2 and HU-7. They have also begun getting guys out for 30 minutes or so a week to listen to books on tape, but there is not much time for that. They also hand out puzzles on request to whomever wants them. Right now what we need is some educational stuff. They currently offer nothing educational for us except for guys under age 18.”

“If we could some people to take some time to teach seg inmates or set up some in-cell study, that would be very helpful for us . Materials on exercises we can do in our cells or in the rec pens outside would also be very beneficial.”

“The way we order books we fill out an interview request form for what books you want but because there’s no list we don’t know what book this prison has we wait about 2 or 3 days we get our books but 90% of the time you don’t get the books you asked for. They just changed the rules we can no longer get books with hard covers so our selection of books just dropped. We can only order 2 at a time and sometimes they will send books that are 150 pages long. I’ve finish that in a few hours.”

“There are 2 programs books on tape but I’ve been on the waiting list and don’t think I’ll get on for a few months. The second group is with clinical but we talk about nothing for an hour.”
1)Make list of books available from the library and make sure prisoner in seg have access to it.
2)Allow seg prisoners to give their magazines and periodicals to other seg prisoners, either by giving them to the library or have an exchange program right there on the seg unit. Many of the mentally ill cannot read and are in special need of magazines
3) Book Donations for segregation
Allow cooperation between the outside community and prison programming/ library staff to facilitate Donations of books to segregation units/carts at first, then the program could expand to donations for general library. I could get lists of subjects wanted from prisoners and then Books to Prisoners, a Madison group, as well as churches and community groups would work with us on this project. The librarian or program coordinator would need permission to work with me as I have tried this on my own unsuccessfully before.
4) Mentoring program tailored to seg : Allow cooperation between the outside community and prison programming/education staff to facilitate a friends/mentoring program. There can always be mentoring between a “free “person and prisoner through the mail and we have tried informal programs but what we need to make this work is permission to send in used books or access to learning materials within the prison. Mentoring on any scale quickly becomes unfeasible because of the burden of having to photocopying all learning material.
What seems to work the best with the segregation prisoners is friendly letters combined with reading material , possibly lessons on subjects of interest. The friendship gives the seg prisoner incentives to learn how to manage his anger and panic attacks and to see the wider picture. I am always amazed at how powerful caring and kindness is in bringing about changes in behavior. I think the prisoner needs to believe there is a way out of his torment and the outside friend helps him to believe in himself and the future..

B)Separate predatory high functioning prisoners from the vulnerable mentally ill.
It seems what one prisoner calls “high functioning prisoners” prey on the vulnerable mentally ill and “get” them to act out, hurt themselves and others. The guards have no adequate tools to deal with these situations and may join in the taunting and general mayhem , or intervene with heavy handed traumatizing mace or cell interventions that just make the prisoner escalate more.
I will paste here a listing from a letter. I do not agree that all high functioning and mentally ill should be separated. I think an astute well meaning guards could tell the difference between a prisoner who could perhaps be a model , and one that simply is bored and getting his kicks from manipulating a confused neighbor. I had received letters about many of these incidents, however never was informed of the dynamics behind the behavior.
– A. swallowed a toenail clipper and a finger nail clipper because the high functioning inmate talked him into it out of spite so he could get a laugh out of it.
B. was convinced into shoving a inhaler pump up his butt by a highfunctioning inmate just so the hallway could have a few laughs.
- A high functioning inmate talks C. into smearing fecal matter all over his room then they convinced his into eating it making him sick.. D. was harassed so much, he smashed his t.v. into pieces..H was talked into eating his own fecal matter and shoving pens up his penis forcing guards to gas him and extract him from his cell .E. was talked into smearing fecal matter covering his window and making them extract him. By luck he was not hurt.
F. has battered many guards and he is easily manipulate into acting out he smashed his t.v. made them suit up and grabbed a piece of plastic and held it as a weapon this is all over a high functioning inmate lying to him.
G. attacked 3 guards on 3 different times because high functioning inmates told him to.
Also H. would make them suit up all you had to tell him was I’m going to make them suit up too but once they suited up on H. the high functioning while laughing did not make them suit up…I. cut himself and swallowed toenail clipper, pieces of metal, toenail clippers, he broke the camera swallowed as many pieces as possible before the guards got to him
This is an Abuse – this game of ‘big I little you’ These high functioning inmates taking advantage of these inmates with mental illnesses. The guards see and hear this abuse but do nothing. They hear these inmates talking the inmates with mental inmates into acting out and the mentally ill still get in trouble. This is cruel and unusual punishment toward the mentally ill inmates and these high functioning inmates can also talk inmate into killing themselves. This has to stop. Mentally ill inmates cannot and should not be housed around inmates that are high functioning.
Note: again, I think all high functioning prisoners are not sadistic- some can be models and can help the confused. The guards could be enlisted to help weed out and separate those high functioning prisoners who enjoy making mahem .

C) Duration of seg steps should change to be like those at WCI.
Summation: Step three inmates should be allowed to have both tv and radio. And time on step one and two should be like Waupun, even if you are administrative confinement= 30 days on step one and 30 days on step two.
This prisoner has the best explanation. He also talks about the availability of tvs for seg prisoners, which should be noted.
“One major change that needs to be made is the way CCI’s segregation ‘step’ process works. Here it consists of 3 ‘steps’ ( 1, 2, and 3). I think the privileges/incentives of each step is adequate. It’s the duration I have a problem with. At CCI it works like this : When an inmate recieves their seg time they spend 1/3 of their time on each step. On step 3 you get the opportunity to come out to the dayroom twice a week for an hour to use the phone, watch tv, play cards and converse with other step 3 inmates. You also have the privilege of having either your personal tv or radio in your cell (not both, which I disagree with. On step 3 in Waupun you can have both) . It is a concern that guys without their own tv and/or radio won’t get one. CCI does have loaners that inmates may borrow, usually old tv/radio combos that inmates have donated or DOC has confiscated (usually unjustly) but I’m not sure whether seg inmates can get a loaner. I do know that only SMU inmates get loaners, meaning only units 6 and 7 where they have most of the more seriously mentally ill inmates. But I’ve digressed.
Back to my issue with duration of the steps. Usually, whatever amount of seg time a person gets, it is cut in half so an inmate only actually does half of the actual sentence. However, if they place someone on Administrative Confinement Tracking” the seg time is not cut in half and means that the inmate will be referred for A.C. Tracking (such as myself) are doing 360 days of seg.. Therefore they have to wait eight months to get their tv or radio. I think Waupuns’s 3 step program is better in that step 3 inmates can have both their tv and radio and no matter how much seg time you get, you do 30 days on step 1, then 30 days on step 2 and the rest on step 3. I think that is a much more reasonable way to do it and would propose to have it done this way at CCI as well. Note: Waupun used to do it like CCI’s current program but changed it to the 30 days on step l and 2 for everyone at the end of 2007.”

D) Family and friends be allowed to buy hygiene items for prisoners from canteen or the same vendors from which they buy envelopes and paper . Hygiene and especially Deodorant seems to be a big item with all prisoners and an especially difficult problem for the prisoners who have a legal loan and are indigent_ i.e.all money sent to them by friends and families goes toward the loan. Plus the prison does not allow family to buy hygiene items for prisoners. I am told that some prisoners in seg will not leave seg because they lack deodorant and “hygiene.” The prisoner supplies soap and toothpaste etc,( the prisoners say quality is laughable. )I have checked this out with general population prisoners, about harassment because of smells etc and got conflicting responses. For some of the more vulnerable, it is a big item . As are shower shoes. I work with a lot of prisoners who are indigent on legal loan and I suggest much stress and conflict could be avoided if the prison could be flexible about allowing the prisoner enough money for personal items. One seg prisoner suggests a fund for hygiene items be set up into which community members could contribute. FFUP could do that if hygiene items could then be bought for prisoner from vendors.
“Then you got people making fun pissing me off to the point that I start kicking on the door, covering my window, just to get moved to a different area. If the institution would have a program that indigent inmates can get once a month hygiene and shower shoes people would act different. I owe $1,900 and they take 100% of everything that comes in. I have to ask people for hygiene because I can’t buy it myself or they could let us buy it from J.L. Marcus where our families can pick some up.
This is one reason a lot of people stay in segregation because they know it will be too embarrassing not to have anything, especially hygiene so people will intentionally catch c.r. just to stay in segregation.
But if there was a program in place where you could have people on the streets picking up deodorants, soap, toothpaste, tooth brush, shampoo, conditioner, lotion, foot cream, toenail clippers, fingernail clippers, floss,… I bet you a lot of the people who have mental disorders who have the type of restitution will not have a problem going to g.p.”

Systemic problems
As a group they came up with these overriding problems and important suggestions:
1) Give the prisoners a voice to communicate directly with the warden and programs staff so that the prisoners could articulate their mistreatment at the hands of low level staff.
2) The main problems are a lot of prisoners are over medicated and this causes bizarre behavior/acting out.
3) Next the all white staff have no training when it come to dealing with other racial groups – this lack of diversity is the #1 cause of problems at every level of the system.

From Individuals and my own experience:
1)These prisoners and almost any prisoner you ask will tell you one of the biggest problems is the complaint system. Having an independent inmate complaint review committee would change level of prisoner life for the better.
Put Succinctly: “Next what would help us the most is the ICI system being put to private people. When we file complaints about anything it’s dismissed and if we are in serious danger it’s still dismissed. Why? The reason our ICIs are always dismissed is because the people handling the ICI are related to the people who we are complaining about and or they are friends of the people we are complaining about so our ICIs will always get dismissed as long as you have the relatives of the staff handling the complaints. This will help us out the most.”
Note : by “put to private people”I believe he means people from the community who are not related to any guards or prisoners. FFUP calls that “community control of Corrections “ And I can see a community group for each prison which works with the prison and has an active voice.

2) I was just starting this work when the Supermax lawsuit was being settled and mentally ill prisoners were no longer allowed there. Since then I have been dealing with many of the prisoners transferred from Supermax who are now in arguably worse conditions.
From seg prisoners: The following inmates have mental illnesses and should not be in segregation: 21 prisoners listed.

Practical Suggestions form my experience that would insert accountability into the system:
1) The Conduct report for “lying About Staff” should be eliminated in cases of seg abuse. I have been involved in advocating in cases where inmates informed me of abuse and because of my calls , were put in seg for “lying about staff.” In one case the “abused or not abused” prisoner was whisked away without photographs of his wounds to WSPF . There was no question that an altercation occurred; the question was who instigated the uproar and whether the force used was appropriate. “Lying about staff” conduct report was used here solely as a retaliatory tool against an inmate who was trying to help. I can see that CR use only in rare cases where an obvious story was made up by a prisoner but it is now used in main to intimidate witnesses of scenes that may or may not be abusive but are traumatic. What is excessive should not be left to guard discretion and questions of appropriate force need to be discussed.
2) Photographs should be taken of all injuries, guards and prisoners, when there is an incident, as soon after the incident as possible. At present, it seemed sporadic, the prisoners tell me the guards injuries are always photographed, sometimes the prisoners.’
3) More cameras should be placed in strategic areas in seg units and closed enough to normal activities so action is close enough to be discerned. Making it possible for prisoners and guards alike to prove their contentions would go long way to increase accountability and trust in the system. The present system where the guard is always believed and the prisoners seldom, has been a disaster in more ways than this little report can contain.
4) Continuing with the suggestions above, Guards needs to be trained in dealing with the mentally ill and sensitivity training needs to be given for dealing with Hispanics and Blacks- cultural differences between communities need to be taught. Most human interactions are enhanced by feelings of empathy between the participants. The guards need to be trained to see prisoners as fellow human beings, worthy of empathy. The spectrum of allowable guard responses is so small that at minimum they need to be trained in understanding what the prisoner is doing.
5) Job fairs need to be held in Milwaukee and real effort made to recruit Blacks and Hispanics as prison staff. I agree with the prisoners in their suggestions above, that at root of our prison problems is the fact that there are few members of minorities as staff in a system that is overwhelmingly Black and Hispanic .
And with that, I will finish this listing with an absurd and touching suggestion from one prisoner: A program of hugs>Or is that really so absurd?
“Ms. Swan I have not had human contact in 13 years I’m going crazy. There should be a program that we can get hugs- just one hug will make us feel like we are alive again . Human contact. That’s all I want . So much time in seg has turned me into an empty shell- this does this to you – it takes away the last bit of humanity that you have fought to retain for so long.”

Finally,
I believe the Department of Corrections needs to honestly and openly confront the public about its burgeoning mentally ill population. If the public is unwilling to offer treatment outside of prison,it must adequately fund guard training, treatment facilities, programs and mental health staff within the prisons. In order to do that we need accurate diagnoses of our out of control citizens, not demonizing sound bite definitions. The DOC needs to recognize and admit publicly and loudly that it needs help with this problem.

Peg Swan: FFUP member
29631 Wild Rose Drive; Blue River, WI 53518
608-536-3993; swansol@mwt.net

CC:
Warden Greg Grams; CCI;Rick Raemisch, Secretary of Corrections;Governor Doyle
Representative Grisgby; Representative Parisi; Representaitve Garthwaite
Members of Prison Ministry and Wisconsin CURE
Members of Madison Urban Ministry; other in activist community

Steven Stewart

2010-05-17T19:02:00.000-07:00

Steven Stewart and I have known each other since I started this work. For awhile ,I stopped visiting and writing to him because I could not watch his mental and physical deterioration and continue this work. We as a coalition had shot our wad trying to help him and had learned painfully how little we could really do to help. . Lately, Steven and I have renewed our friendship in the agknowlegement that that is all we can be to each other- friends , and me a witness. I can sometimes help but I cannot save him . Only he can do that. With documents I have and his words and my memories, We will begin to tell his story .

He is just beginning to tell the details of his arrest and conviction. This is good for him and a prisoner close to him is also writing him . He would enjoy a card or letter from a blog reader also. It all helps him get connected once again. .

April 4, 2010
Steven Stewart #148599
WSPF: PO Box 9900
Boscobel, Wi 53805

I will continue to tell my story. I will not confess to a crime I never committed. I was framed up by the powers of Jim and Jenny Crow, you see slavery help convict me and Jim and Jenny Crow is why I am still the victim of incarceration. In the beginning of my incarceration I was arrested on April 9th, at 2:35 PM 1987. I was taken to the Milwaukee Police Department first district. I was transferred to the Milwaukee Sherriff Department and yes, I do have the Police reports top back up my words. I was released from the jail April 13th, 1987. They say a murder had happened on April 10th, 1987. But I couldn’t have done it because I was already locked up. When you are labeled a Black man and the power that be label themselves as white men. I was arrested again on May30th 1987 for first degree murder. I went to my preliminary hearing and the witness did not identify me , I was bound over for trial because of the time corruption. I was offered 10 years to plead guilty, when I refused to take the plea that wasn’t a bargain they let me to understand what happens when you do not go along with the system.

I did not take the deal for two reasons: One, I am not guilty . Two: If I woul dhave pleaded guilty, I could still get 30 years because on Wisconsin a plea bargain isn’t a plea bargain because the judge doesn’t have to go along with the agreement. That’s not really a plea bargain. My attorney and I didn’t see eye to eye and I told him that I didn’t commit that crime and that I was already in the city and county jail. Both the Milwaukee Police Department and Milwaukee Sherriff Department had me in custody on April 9th, 1987. On December 5th 1988, a hearing was held to determine whether I was incarcerated or not. We proved that I was arrested and incarcerated on April 9th, 1987. The bailiff who wasn’t sworn in or had nothing to do with the case gave his opinion on what he believed could have happened in the sheriff department as to why they couldn’t explain if I was released from the sheriff dept or not so the bailiff spoke up and gave his opinion and not a fact! He, the bailiff of Sherriff Department of the Court room said “ your honor, in a situation where is was over crowded the warrants was probably went back and the Defendant was probably released”.. not a fact.

Keep in mind I was arrested talking on the phone at the corner of 20th and Juneau St. , Milwaukee, Wisconsin. I was arrested by the Milw police Department on what they say is two city commitment warrants. There is no way that you can be released without seeing the judge. So I was forced to stand trial. Now here is what really strange my own attorney told the judge on the records that he didn’t want my attorney because he really didn’t wanna understand race relations. Keep in mind, Milwaukee had no minorities in the court business –okay, maybe one. And the police Department Judges, district attorneys and lawyers, my attorney on December 5th, 1988 was Peter Donahue. He didn’t want to be my attorney and I didn’t want him to be my attorney. Keep in mind my attorney Clifford Steele was remove from my case. And I was given Peter Donahue, Judge Gardner said he was satisfied and the bogus trial started.

In the jury pool, Maybe 3 African Americans- they certainly didn’t choose them to sit on the jury and no other minority people of color was on the jury pool. The same old bureaucracy routine- try and convict a so called Blackman, since he’s been labeled Black man, he must have done it, and I never gave a verbal or a written consent for anyone to say I murdered someone, people tried to say this saying they may let me out of prisons. I been incarcerated since 19896-87.

I was framed up and I got some evidence but they, the law enforcements, have all of the evidence to clear my name. My family have not helped me because of being programmed by Jim crow Laws. Stay in your place and that’s something that they have never forgotten. I was convicted , but there is plenty of reasonable doubt. The law says a person must be convicted beyond a reasonable doubt, let there be no doubt about it. I can’t speak about something I didn’t do. I just went through the same situation in Grant County Wisconsin of being accused of a crime they know I didn’t commit. Same all white people in Charge . Different locations, only this time I was found NOT GUILTY. We have been going about this situation all wrong. I am being held in segregation over 20 years because they say I killed two people in Milwaukee. The DOC is committing extreme defamation of my name and character. They claim I have been incarcerated 4 times. This is a bold lie. They claim I have no medical problems. I have not been outside not even 50 times in over 14 years straight. I been locked up close to 24 years. Counting County jail time in a recent case ( Remedy Ordered for Unconstitutional treatment of lifers , see: Foster- Bey et al- vs -Samson et al that the Michigan parole boards’ treatment of parolable lifers who committed their crimes before October 1992 violated ex post facto clause of the United States. Before this, a prisoner with a life sentence who behave well and rehabilitated himself ,only served between 15 to 18 years in prison . What makes a Wisconsin’s prisoners different from prisoners in other states? I am filing civil action asking for immediate release or parole. I should have been out of prison> But due to lies and extreme racial hatred buy the Jim Crow staff of th awi DOC, it is hard for me to even get medical treatment.

Sg Hell Story in a letter

2010-04-24T17:54:00.000-07:00

This man wrote me first when he was desperate and in seg hell. this below looks like his first letter. I did advocate for him and we have been friends ever since. This is a description of what life is like for many prisoners. View his art in blog
http://darrenmorrisartist.blogspot.com/

August 17, 2006
Darren Morris #236425
Waupun Correctional Institution
Post Office Box 351
Waupun, Wisconsin, 53963

My name is Darren Morris, and I am an inmate here in Waupun Correctional Institution, where I am currently being held in a Segregation Cell. At the age of 17, I began to have "more"severe psychotic episodes, in which I had to be hospitalized for more than once. I was put on the medication called Haldol. I would hallucinations and delusional thinking that would lead to violent acts. I was arrested for PTAC of first-degree intentional homicide, and once in prison I continued to have these psychotic episodes. I would go through periods with no episodes, and then it was like someone snatched the rug from under me. I had numerous disciplinary actions taken against me, more so since being in Waupun Correctional. I have been shocked with some kind of electrical device It was around 1999 some time. I'm sorry my memory can't come with exact dates.. I thought I was in danger, that my medication had been switched and laced with poison, so I stopped taking them. Soon I had a psychotic break and I was put into segregation, though I cannot remember the charge and my delusions continued. They put me into the "Naked Man Cell", (observation). they chained me to the cell door, cut my clothes off, they put me in the cell naked. I don't remember much, though I do remember I was cold and crying. I was given two squares of tissue to clean myself with after using the toilet. I could not sleep because I was naked, it was cold and there was no mattress. Instead of a mattress there was a hard rubber mat, and the lack of sleep only made things worse. I started to pound on the door, at which I was given a direct order to stop, and I did not. In turn they gassed me and came in with these black suits and helmets, and when they attacked me I fought back. I was choked until I blacked out. When I woke up I was handcuffed to a concrete slab by both wrists and my feet. I began banging my head on this slab. They came in and put a strap on me to hold my head down. About a day later i was let out of restraints, I was still naked, I began pounding on the door, and told them if they gave me a blanket I'd stop. They gassed me again, they came in with the suits on and when they had me pinned down to the floor some electroshocked me. i went to Wisconsin resource Center- twice. I had many situations where my illness caused me to get a ticket and put in the hole. I'm also hard of hearing, I'm supposed to have a hearing and for both ears. I came here from the outside with two- they lost them, and claimed not to be responsible. They gave me only one hearing aid and told me to make due as best I could with that. i got two tickets once for sleeping during count, I never heard the buzzer and they put me ion the hole for, I think, 90 days that time. Now I am stable on my medication and had been doing okay, but I got a ticket again for disobeying an order. They gave me 60 days in the hole. Since I been here I tell them I can't hear the buzzer for meals or medication or other things. Here, when the tone sounds you must stand at your cell door to get that meal, medication, showers or whatever if you are not at that door, I don't get to eat or my medication for the schizo effective bipolar type. I keep telling them, I can't hear the buzzer, They have 2, one in the hall, which is the one I can't hear. Then there is one in the cell which they use sometimes- that one I can hear just fine. They should not be able to pass me for meds and especially medication- if I can't hear the sound then I can't react to it. I have about a 7th or 8th grade reading level and I'm trying to figure out the law because I'm knowing what they do is wrong. I want to teach them that it is not okay to let a person go hungry, and to discriminate against people. I want to change the rules and the way they do things here(..her he asks for help) .. They never ask how to help me, they leave the lights on all the time, my brain don't get a chance to rest, the people argue, and pound all day long and the COs pick on them when they get quiet to make them argue again. Every time I hear keys I get worried they coming with them suits again and shock me and cuff me up or gas me up. I tell them I hear voices and they give me no counseling or help with my issues, and I try to tell me self it's in my head, nothing to fear, but when I hear them keys I get ready to fight cause I think they coming to get me.
If you cannot help. will you please find someone who can. Thank you for your consideration.

Sincerely, Darren

Nathan Gillis court decision

2010-03-02T16:38:00.000-08:00

Right now we have urgent need for lawyer and perhaps paralegal for the man whose latest court decision is featured below. Of particular importance is his allegation of mold and lice infestation in the seg units. We are trying to achieve an independent inspection of the units and will require a lawyer or paralegal to accompany an independent inspector . Also there is need for representation in court. Contact Nathan Gillis or FFUP if you can help.

Nathan Gillis #273445
CCI
PO Box 900
Portage, Wi 53901

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
NATHAN GILLIS and GIOVANNI HARRIS, V .
OPINION and ORDER Plaintiffs,
09-cv-245-bbc
v.
RICK RAEMISCH, G. GRAMS,
J. NICKLES, COII RICKY,
CAPT. ASHWORTH, COII NEUMIER,
LT. BOODRY, M. MARSHEE,1 ET. KELLER,
AESUM, CAPT. SAETERS, CAPT. RADKE, EIPINSKI,
COII WALKER, SGT. VIEWOCK, SGT. MORRISON,
CAPT. JOHNSON, CAPT. TRATTEES, ET. EIND,
SGT. JAKUSZ, BRETT SUTTON, M. EEISER, -.-'•. .
and JOHN DOES 1-5,
Defendants.
Originally, this case was a group action with six named plaintiffs, but it was unclear which plaintiffs truly wished to be involved with this action. Before I screened the complaint, then-plaintiff Euis Ramirez filed a request to be dismissed from the case.1 Although plaintiff originally identified defendant's last name as "Marshall," in his second proposed amended complaint he indicates the spelling is "Marshel." I have amended the caption accordingly.

Nathan Gillis was the only plaintiff who signed the complaint or paid the $350 filing fee. In addition, the complaint violated Fed. R. Civ. P. 8 because plaintiffs' allegations were too vague to give fair notice to defendants. I gave plaintiffs an opportunity to clarify their intentions to pursue the lawsuit, as well as comply with Rule 8, by submitting an amended complaint signed by each plaintiff, along with filing fees or trust account statements from each of them. In response, plaintiff Gillis filed a motion for reconsideration, seeking inclusion of the other plaintiffs in the case. Also, he filed a proposed amended complaint naming himself as the sole plaintiff in the event his motion for reconsideration were denied. None of the other plaintiffs signed those documents or filed any other submissions. In a September 2,2009 order, I denied plaintiff Gillis's motion for reconsideration and dismissed then-plaintiffs Jeremiah Young, Hakim Naseer and Sylvester Pryor. (I inadvertently neglected to dismiss plaintiff Giovanni Harris in the September 2, 2009 order. Because plaintiff Harris has failed to submit an amended complaint or any other document indicating his desire to pursue the lawsuit, I will dismiss him from the case.) Further, I dismissed plaintiff Gillis's proposed amended complaint because it violated Rule 8.
Now plaintiff Gillis has filed a second proposed amended complaint setting out his allegations in more detail and dismissing the majority of the 22 defendants listed in his original complaint. I must screen the second amended complaint under 28 U.S.C. § 1915A to determine if it should be dismissed because it is frivolous or malicious, fails to state a claim on which relief may be granted or seeks money damages from a defendant who is immune from such relief. In addressing any pro se litigant's complaint, the court must read the allegations of the complaint generously. Haines v. Kerner. 404 U.S. 519, 521 (1972).
Having reviewed the second proposed amended complaint, I conclude that plaintiff may proceed on
(1) his due process claim against defendant Lt. Lind;
(2) his Eighth Amendment conditions of confinement claim against defendants G. Grams and Sgt. Morrison; and
(3) his First Amendment and RLUPIA claims against John Doe defendants regarding the destruction of his religious property.
I will deny plaintiff leave to proceed on
(1) his claims brought on behalf of fellow inmates at the Columbia Correctional Institution; and
(2) his access to the courts claims against John Doe defendants. Finally, I conclude that plaintiff's retaliation claims against defendants Capt. Ashworth and M. Marshel violate Fed. R. Civ. P. 8, but I will give him a chance to comply with Rule 8 by supplementing his second proposed amended complaint with more detailed allegations on these claims.
I draw the following allegations of fact from plaintiffs second proposed amended complaint.

ALLEGATIONS OF FACT
Plaintiff Nathan Gillis is an inmate at the Columbia Correctional Institution, in Portage, Wisconsin. On November 7, 2008, inmate Jeremiah Young told plaintiff that defendant correctional officer Ricky was trying to sexually assault Young and spoke to him in an inappropriately sexual way. Plaintiff reported this to defendants Nickles and Warden Grams. Grams told plaintiff to mind his own business.

Plaintiff was placed in segregation soon after for an unrelated violation. On March 7, 2009, while in segregation, plaintiff witnessed defendant correctional officer Neumier attack inmate Hakim Naseer. Plaintiff reported this to Captain Radtke and defendants Nickles, Grams and Raemisch. On March 22, 2009, plaintiff received a conduct report, written by defendant Captain Ashworth, in reliance on the letters plaintiff sent to Grams and Raemisch. Defendant Lieutenant Lind conducted a hearing on the conduct report in secret on or around April 27, 2009. Plaintiff was not allowed to attend the hearing or call witnesses. Plaintiff was given 240 days of program segregation and had his release date pushed back a few months. Plaintiff filed a "John Doe" complaint regarding this retaliation but it disappeared along with other legal documents related to this case.

Plaintiff was housed in the DSl unit, which "has been transformed to the Warden G. Grams specific expectation[s]." All prisoners in DSl must eat their meals on the floor because all tables and desks have been removed. Prisoners are allowed only two showers and two changes of underwear each week. Bugs live in the mattresses and crawl throughout the building. Windows in the unit allow too much cold air to enter, causing "a lot of suffering" to the prisoners, who are allowed no clothing or mattresses; plaintiff has often witnessed prisoners cry over these conditions. In addition, there is a "mold problem," which plaintiff has brought to defendant Grams's attention, who "denies everything." Defendant Sgt. Morrison lied and said there is no mold problem, resulting in a coverup of the problem.
After plaintiff reported defendants Ricky's and Neumier's actions, defendant social worker M. Marshel refused to allow lawyers to call or visit plaintiff and denied all visits without a reason for doing so
Finally, on April 29,2009, unnamed guards threw away a set of plaintiff's Qur'an and religious books and tore the back off another Qur'an. On June 5, 2009, guards searched plaintiff's cell, put his washcloth in the toilet and rolled up a wet bath towel with his prayer rugs and Qur'an

DISCUSSION
I note first that plaintiff seems to be attempting to bring claims on behalf of (1) former plaintiffs Jeremiah Young and Hakim Naseer for their treatment at the hands of prison staff and (2) unnamed fellow inmates in the DSl unit for the conditions of confinement there. This is not surprising. Plaintiff filed the original complaint in this action on behalf of himself and five other inmates and initially sought class certification for his claims. However, plaintiff does not have standing to bring claims regarding the incidents involving Young or Naseer because he has not shown how those alleged incidents injured him "in a concrete and personal way." Massachusetts v. EPA, 549 U.S. 497, 517 (2007). Further, plaintiff cannot bring claims on behalf of his fellow DS1 inmates in a class action because the class is not represented by a lawyer. Since absent class members are bound by a judgment whether for or against the class, they are entitled at least to the assurance of competent representation afforded by licensed counsel. Oxendine v. Williams,' 509 F.2d 1405, 1407 (4th Cir. 1975); see also King v. Frank. 328 F. Supp. 2d 940, 950 (W.D. Wis. 2004). Therefore, I will deny plaintiff leave to proceed on any claims on behalf of other inmates at the Columbia Correctional Institution. Next I will consider each of the claims concerning plaintiff himself. .
1. Due process at plaintiffs disciplinary hearing
First, plaintiff alleges that defendant Lind violated his right to due process by holding an unfair disciplinary hearing on or around April 27, 2009. To state a procedural due process claim, a prisoner must allege facts suggesting that he was deprived of a "liberty interest" and that this deprivation took place without the procedural safeguards necessary to satisfy due process. Sandin v. Conner. 515 U.S. 472, 483-84 (1995). The Supreme Court has explained that liberty interests "will be generally limited to freedom from restraint which . . . impose[] [an] atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Id. A period of segregated confinement may be "atypical and significant" "if the length of segregated confinement is substantial and the record reveals that the conditions of confinement are unusually harsh." Marion v. Columbia Correction Institution, 559 F.3d 693, 697-98 (7th Cir. 2009). .
Plaintiff alleges that his 240-day sentence of segregation in the DSl unit was an "atypical and significant" hardship not only because of the length, but because of the harsh conditions in the DSl unit, such as low temperatures, insect and mold problems as well as restrictions on hygiene issues such as limited showers and changes of underwear. In Marion, the court of appeals held that a 240-day disciplinary segregation required at least an inquiry into whether the conditions of confinement were unusually harsh to determine whether the prisoner had a liberty interest. Id. at 698-99. Therefore, at this stage, plaintiffs allegations are enough to allow me to infer that the harsh conditions and length of stay in the segregation unit implicated plaintiffs liberty interest.
Plaintiff has also alleged sufficient facts to allow an inference that the disciplinary hearing conducted by defendant Lind was procedurally deficient. Prisoners are not afforded the full panoply of rights in prison disciplinary proceedings. Wolff v. McDonnell, 418 U. S. 539, 556 (1974). However, the institution must give the prisoner:
"(1) advance (at least 24 hours before hearing) written notice of the claimed violation; (2) the opportunity to be heard before an impartial decision maker; (3) the opportunity to call witnesses and present documentary evidence (when consistent with institutional safety); and (4) a written statement by the fact-finder of the evidence relied on and the reasons for the disciplinary action."
Scruggs v. Jordan. 485 F.3d 934, 939 (7th Cir. 2007) (quoting Rasheed-Bey v. Duckworth. 969 F,2d 357, 361 (7th Cir. 1992)). Plaintiff alleges that defendant Lind held the disciplinary hearing "in secret," without plaintiffs being present or having the opportunity to call witnesses. These allegations are sufficient to allow the drawing of an inference that the disciplinary hearing did not meet the minimum standards of due process. Therefore, I will grant plaintiff leave to proceed on his due process claim against Lind.
2. Conditions of confinement
Plaintiff next alleges that defendants Grams and Morrison subjected him to inhumane conditions of confinement in the DS1 unit in violation of the Eighth Amendment. The Eighth Amendment's prohibition against cruel and unusual punishment imposes upon prison officials the duty to provide prisoners "humane conditions of confinement." Farmer v. Brennan, 511 U.S. 825, 832 (1994). To constitute cruel and unusual punishment, conditions of confinement must be extreme. General "lack of due care" by prison officials will never rise to the level of an Eighth Amendment violation because "it is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause." Whitley v. Albers. 475 U.S. 312, 319 (1986).
To demonstrate that prison conditions violated the Eighth Amendment, a plaintiff must allege facts that satisfy a test involving both an objective and subjective component. Lunsford v. Bennett, 17 F.3d 1574, 1579 (7th Cir. 1994). The objective analysis focuses on whether prison conditions were sufficiently serious so that "a prison official's act or omission results in the denial of the minimal civilized measure of life's necessities," Farmer, 511 U.S. at 834, or "exceeded contemporary bounds of decency of a mature, civilized society." Lunsford, 17 F.3d at 1579. The subjective component requires an allegation that prison officials acted wantonly and with deliberate indifference to a risk of serious harm to plaintiff. Id. "Deliberate indifference" means that the defendant knew that the plaintiff faced a substantial risk of serious harm and yet disregarded that risk by failing to take reasonable measures to address it. Farmer, 511 U.S. at 847. Thus, it is not enough for plaintiff to prove that a defendant acted negligently or should have known of the risk. Picrson v. Hartley, 391 F.3d 898 (7th Cir. 2004). He must show that the official received information from which an inference could be drawn that a substantial risk existed and that the official actually drew the inference. Id at 902.
Although there is no definitive test to determine whether conditions of confinement are cruel and unusual under the Eighth Amendment, the following kinds of alleged conditions have been found to rise to the level of unsanitary conditions: sleeping on a moldy and wet mattress for 59 days, Townsend v. Fuchs, 522 F.3d 765, 773-74 (7th Cir. 2008);.
a lack of sanitary conditions, including clean bedding, Gillis v. Litscher, 468 F.3d 488, 493-94 (7th Cir. 2006); having to live in a cell in which there were mold and fiberglass in the ventilation ducts causing plaintiff severe nosebleeds and respiratoiy problems, Board v. Farnham, 394 F. 3d 469, 486 (7th Cir. 2005); having to live for sixteen months in a cell infested with cockroaches that crawled over the prisoner's body, Antonelli v. Sheahan, 81 F.3d 1422, 1431 (7th Cir. 1996); having to live in "'filth, leaking and inadequate plumbing, roaches, rodents, the constant smell of human waste, poor lighting, inadequate heating, unfit water to drink, dirty and unclean bedding, without toilet paper, rusted out toilets, broken windows, [and] . . . drinking water containing] small black worms which would eventually turn into small black flies,'" Jackson v. Duckworth. 955 F.2d 21, 22 (7th Cir. 1992); and confinement in isolation without adequate clothing or bedding, Maxwell v. Mason, 668 F.2d 361,363 (8th Cir. 1981). >v
Plaintiff has alleged the minimum facts necessary to state a claim upon which relief may be granted against defendants Grams and Morrison. At this stage, plaintiff's allegations regarding cold temperatures, insect and mold problems and restrictions on showers and changes of underwear are enough to meet the objective component regarding the conditions of confinement. As for the subjective component regarding defendants' deliberate indifference, plaintiff alleges that the DS1 unit "has been transformed to the Warden G. Grams specific expectation^]" and that both defendants Grams and Morrison have been
10 alerted to at least the mold problem, but they deny there is a problem. These allegations are sufficient to meet the subjective deliberate indifference component at this point in the proceedings. Accordingly, I will grant plaintiff leave to proceed on his Eighth Amendment conditions of confinement claim against Grams and Morrison. .
3. Access to courts
It is well established that prisoners have a constitutional right of meaningful access to the courts to pursue non-frivolous actions. Lewis v. Casey, 518 U.S. 343, 350-51 (1996). A claim for denial of access to the courts requires a non-frivolous underlying cause of action that has been lost or impeded. Christopher v. Harbury, 536 U.S. 403, 415 (2002). In "backwards-looking" access claims, the plaintiff must show that the claim provides a remedy that cannot be obtained in another present claim. Id at 421. Plaintiff seems to allege that two separate causes of action were impeded by defendants, a "John Doe" proceeding regarding retaliation and lack of due process in his disciplinary proceeding, and the present case. Now that the issues he tried to litigate in the John Doe proceeding are before the court in this action, I cannot imagine what remedy an access to the courts claim could give him that is not available to him in this lawsuit. Plaintiff has not explained what advantage he might gain or how he has been "denied the opportunity to litigate" this case. Id. at 413. Accordingly, I will deny plaintiff leave to proceed on his access to the courts claims. If in the
11 future plaintiff believes that defendants are unlawfully interfering with his ability to litigate this case, he may file a motion asking the court for relief.
4. Destruction of religious materials
Next, plaintiff alleges that unnamed defendants threw away a set of plaintiffs Qur'an and religious books, tore the back off another Qur'an and rolled up a wet bath towel with his prayer rugs and Qur'an. I construe these allegations as raising claims under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUPIA).
Under either the First Amendment or RLUIPA, a prisoner has the initial burden to show that he has a sincere religious belief and that his religious exercise is substantially burdened by defendants' actions. Koger v. Biyan. 523 F.3d 789, 797-98 (7th Cir. 2008); Vision Church v. Village of Long Grove. 468 F.3d 975, 996-97 (7th Cir. 2006). A "substantial burden" is "one that necessarily bears a direct, primary, and fundamental responsibility for rendering religious exercise . . . effectively impracticable." Civil Liberties for Urban Believers v. City of Chicago. 342 F.3d 752, 761 (7th Cir. 2003); see also Koger. 523 F.3d at 798-99 (applying Civil Liberties standard to prisoner RLUIPA claim). Under the First Amendment, the religious exercise must be "central" to the adherent's belief or practice. Hernandez v. Commissioner of Internal Revenue. 490 U.S. 680, 699 (1989). Under RLUIPA, a substantial burden on any religious exercise triggers the statute's
12 protections. 42 U.S.C. § 2000cc-l(a)(l)-(2). '
I conclude that plaintiffs allegations are sufficient to state a claim under both the First Amendment and RLUIPA standards. At this early stage, it is possible to infer that the destruction of religious materials such as Qur'ans and prayer rugs placed a substantial burden on practices that are central to plaintiff's religious beliefs. Therefore I will allow plaintiff to proceed on his First Amendment and RLUPIA claims. •.
However, I note a problem with this claim. Plaintiff does not provide the names of the prison officials who allegedly destroyed his religious items; he alleges only that "guards" destroyed them. For the time being, I will retain the "John Doe" defendants in the caption as placeholders for these defendants. If plaintiff is aware of the identities of these defendants, he should inform the court. Otherwise, at the preliminary pretrial conference in this case, Magistrate Judge Stephen Crocker will discuss with the parties the most efficient way to obtain identification of the John Doe defendants. Further, plaintiff should be aware that this claim may later have to be broken into a separate lawsuit under Fed. R. Civ. P. 20 if the Doe defendants end up being different defendants than those already in the action, because plaintiffs allegations against the Doe defendants seem to arise out of a different series of transactions from those underlying the other claims in this action.
13 5. Retaliation
Finally, plaintiff alleges that defendants Ashworth and Marshel retaliated against him for complaining about inmate abuse, that Ashworth gave him a conduct report for filing his complaints and that Marshel refused to allow lawyers to contact him or permit him visitors. Plaintiff's allegations about these retaliatory actions do not pass muster under Rule 8, which requires that the complaint "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal. 129S.Q. 1937, 1949(2009). Regarding defendant Ashworth, the second proposed amended complaint contains only the conclusory allegation that he filed a conduct report against plaintiff "based on" his complaints. Moreover, the allegation against defendant Marshel that he refused to allow plaintiff contact with lawyers or visitors "[ajfter [he] had reported the two guards" is only "merely consistent with a defendant's liability." Plaintiff does not allege enough factual content to allow the court to "draw the reasonable inference" that defendants meant to retaliate against him. Id.
I will give plaintiff a final opportunity to state his retaliation claims in a way that complies with Rule 8. He may have until December 31, 2009 to submit a supplement to his complaint providing further detail for his retaliation claims. He should not attempt to amend any other claims in this supplement. Once I receive this supplement I will screen plaintiff's retaliation claims under 28 U.S.C. § 1915A and arrange for service of the second amended complaint and supplement on defendants. Should plaintiff fail to file a supplement
14 by December 31, 2009,1 will dismiss plaintiff's retaliation claims and the case will proceed on his other claims.
ORDER
IT IS ORDERED that
1. Plaintiff Giovanni Harris is DISMISSED from the case. , ......
2. Plaintiff Nathan Gillis is GRANTED leave to proceed on the following claims: a. his due process claim against defendant Lt. Eind;
b. his Eighth Amendment conditions of confinement claim against defendants G. Grams and Sgt. Morrison; and
c. his First Amendment and REUPIA claims against John Doe defendants regarding the destruction of his religious property.
3. Plaintiff Gillis is DENIED leave to proceed on the following claims: • a. his claims brought on behalf of fellow inmates at the Columbia Correctional •-•: Institution; and
b. his access to the courts claims against John Doe defendants.
4. Plaintiff Gillis's complaint is DISMISSED as to his retaliation claims against defendants Capt. Ashworth and M. Marshel because those claims violate Fed. R. Civ. P. 8. Plaintiff may have until December 31, 2009 to file a supplement to the second amended
15 complaint that complies with this rule. Service of the second amended complaint on defendants is STAYED pending receipt of plaintiffs supplement to the complaint.
5. Plaintiffs complaint is DISMISSED as to defendants Rick Raemisch, J. Nickles, C.O. II Ricky, C.O. II Neumier, Lt. Boodry, Et. Keller, Alsum, Capt. Salters, Capt. Radke, Eipinski, C.O. II Walker, Sgt. Vilvvock, Capt. Johnson, Capt. Trattles, Sgt. Jakusz, Brett Sutton and M. Eeiser. ,
Entered this /I**" day of December, 2009.
BY THE COURT:
BARBARA B. CKABB District Judge

Lawsuit complaint

2010-03-02T16:33:00.000-08:00

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. Lorenzo is badly in need of good reprentation and to do this suit right would help us all. The goings on in our seg units constitute a crime against humanity. Lawyer needed.

contact:
Lorenzo Balli #238265
CCI PO Box 900
Portage, WI 53901
or contact FFUP swansol@mwt.net

~~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 priveleges
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, argumentive 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

NO privacy in seg talks with Psychologist

2010-02-20T14:33:00.000-08:00

1) A letter written in uncertain hand- needs spelling help, tells of no privacy in seg units and that has led to harrassment by other prisoners who hear the psychologist talking to prisoners. This man has attempted to kill himself because of this. I have written him and invited him to write me.
Plan: send letter and cover to head of health James greer. We have discussed lack of privacy before and he has started reforms- obviously not taken seriously. James Greer is a man who does what he can , he is a nurse and truly tries to help.

Collect all documents on seg and send to justice deparment
Collect all seg docs for report
blog to organize.

typed text of letter _Picture coming.
Summary of issue
I am a prisoner of the WIDOC and have been fighting for proper health care and mental health care and have file a case entitled SALAS v GAMS et al 09-cv-237 but do not have the funding to file the rest yet but working on it.
I am a seg max inmate and during 2007 through 2009 while housed at Columbia correctional institute, went through many health problems as a result I needed to see HSU at CCI. During almost all HSU visits I was sitting in the seg building in the day room where food is prepared, Hair dsuts are done , seg visits are dine and more.

During the visits other inmates can hear people’s private medical problems and they make fun or staff and inmates harass them. Due to this is what led up to more that one of my suicide attempts at CCI. The worst one in 2008 0n 10/24/08 when I took about 50 to 75 500 mg pills of seraquil and had to spend time at Divine Savior Hospital on 10/24/2008and Madison Hospital on 10/24/08 and 10/25/08. The Cos told me when I came back that my heart stopped in the van on the way tp the hospital and staff told other inmates about what I did just to make fun of me.

Per Wisconsin DOC Health services policy and procedure, 300.11, 300.16 and 300.18 , ALL HSU visits are to be done in a confidential manner to stop other inmates and staff from hearing this but CCI does not do this not does RCI.

After I filed my lawsuit in 2009 against CCI the DOC moved me out of seg bet before that several harassed me and my fellow litigator by moving me away from him and after the doc let Mr Miller kill himself next door to me i lost it again . i was on Unit 7 at CCI when miller killed himself . i banged on the door but no staff responded till a long time after. I have incident reports where inmates told the CCI HSU that I was banging o the door and woke some other up so there is no way the staff should have not responded.

The staff at CCI harassed me for filing my complaints and working on my legal work, left me on bag meals and more.

After the DOC moved me to RCI seg the same problems took place with HSU and when I started filing my lawsuits about being seen in the day room, staff started retaliating by playing with my mail and writing me false C?R and more,-abusing me by not allowing me to do school and more.

This is only a brief summary about the problems going on > I need help getting my case out there in the world and some people to help me with postage and litigatiing my case and make the doc get me the mental health treatment i need.