LATEST COVID LOCKDOWN AT THE ISCC DENIES PRISONERS FUNDAMENTAL CONSTITUTIONAL RIGHTS - ARE YOURS NEXT?
Prison administrators can get away with almost anything when they spout "security interests" to the courts or public. Judges simply nod their acquiescence to decisions of wardens regardless of how outrageous the acts, while Joe and Jill Sixpacks cover their eyes and ears, thinking what happens to inmates is well deserved and will never affect those on the outside.
They don't know how wrong they are...
On Monday September 27, 2021 prisoners on F3 were locked in their cells [quarantined] due to an inmate on that tier suspected of being infected with COVID-19.*
On that Monday, prisoner Dale Shackelford finalized a petition for Writ of Habeas Corpus to be filed in the court. Pursuant to policy, Shackelford filled out an Access to Courts (ATC) form requesting the staff paralegal to come pick up the documents, copy them, and send them (along with the filing fee) to the court. It never happened.
Because guards are not allowed to touch ATC forms - even to place them in the paralegal box located in the unit foyer - the form remained in Shackelford's cell door for days, despite his (multiple) requests to have it put into the box to be processed. Further, guards refused to allow Shackelford place the form in the box himself during the 20 minute dayroom time, even though this was the option proffered by ISCC Deputy Warden McKay after Shackelford had written to him describing the problem. This is a textbook example of impediment by government of access to the courts - and intentional - as evidenced by the fact that Shackelford was allowed to pass through the foyer to go to sick call (literally inches from the box) and staff refused to allow Shackelford to put the ATC (which he carried) in the box.
Shackelford then wrote a standard Concern Form to the paralegal, explaining the problem, and requested an audience so as to be able to get his lawsuit mailed out to the court... nothing, no answer. Based on the likelihood of this situation occurring in the future with all the lockdowns, Shackelford decided to file an administrative grievance regarding the matter. Problem is, the grievance is still sitting in the door waiting for a guard to pick it up and put it in the designated grievance box located in the foyer as guards cannot touch grievance forms either, and they won't let Shackelford out to put it in the box himself.
Who is accountable? Unknown, but the result is the same - and that's the way it's designed. Would one actually believe that accomodations and plans for access to courts, laundry, basic hygiene and feeding of prisoners would not have been in place before actually locking prisoners down (again)?
The First Amendment to the U.S. Constitution guarantees the ability of citizens to petition the government for a redress of grievances. Supreme Court precedent holds that the government cannot impede that process. If it is allowed to happen in here, it can - and will - happen out there... to you.
* The infected inmate had been moved to F3 from F1 just days earlier, yet F1 was not quarantined, leaving staff to move about freely on F1 thinking that there are no (potentially) infected inmates on that tier. Guards will undoubtedly take the virus home with them, spreading it throughout the community. Enjoy!
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