ISCC STAFF REFUSE TO INTERVENE DESPITE HAVING KNOWLEDGE OF IMPENDING ASSAULT - POSSIBLE "FAILURE TO PROTECT" LITIGATION ON THE HORIZON

In the last days of May, 2023 a prisoner (we'll call him Bubba) was moved into unit F3 at the ISCC, an area of the prison which has been consistently and increasingly populated by past, current and "wannabe" gang members over the past several months. Because Bubba was a sex offender, he found himself somewhat ostracized, but when he was assigned to live in a cell with a gang member who informed him he could not live with a sex offender, it was clear to all - including staff who were directly informed - that serious problems were going to arise.

Let's go back a bit... there are a number of sex offenders assigned to F block, and to F3 specifically. They typically maintain a low-key existence, and generally have no problems associated with their crimes once they find someone who they can cell with. Unfortunately, due to the turnover rate of prisoners on the unit, sometimes these sex offenders receive new cell partners that cannot or will not abide living in a cell with them for one reason or another.

If one is a gang member, he cannot (in most cases) allow himself to be celled with a sex offender. If he does, he'll face "discipline" from his fellow gang members. Usually, the sex offender is given an opportunity to remove himself from cell (or the tier/unit altogether) often under threat of violence. In some cases, the sex offender refuses to remove himself, choosing to fight instead.

This is what happened with Bubba. Bubba was assigned to a cell where a documented gang member was already being housed. Additionally, Bubba is black (and is said to have gang ties/associations of his own with a different gang despite being a sex offender), and the gang member who was already housed in the cell is Native American.

In an unusual effort to avoid violence in this particular instance, several prisoners who knew of the volatile situation - in addition to Bubba and the gang member themselves - went directly to F block correctional staff the day Bubba was moved in and informed the staff them of the problem faced by both prisoners. For nearly a week, staff failed/refused to address the issue, despite repeated requests by several prisoners over several days to do so, and being informed that a deadline existed to have the problem resolved before the matter would become physically violent.

On the night of Friday, June 2, 2023, unit officers - knowing that a fight was imminent - stood in the foyer and watched through the windows at least a dozen prisoners on F3 milled about rather than returning to their cells for count as ordered.

Once locked in their cell, the fight between Bubba and the gang member ensued, with significant injuries resulting therefrom. The fight lasted at least 15 minutes before guards performing the routine count noticed the fight and removed both prisoners from the cell/unit to (presumably) the medical department then the "hole".

Saturday morning and the routine in F3, and F block in general was unexpectedly normal. Released from cells at 0600, prisoners walked to the chow hall for breakfast, later, lunch was served on the unit then count at 1100 hrs. Routine.

At a little after 1400 hrs. F block prisoners were allowed to go to the recreation yard. At 1545 F block prisoners were locked in their cells for the daily 1600 count, but when the count cleared, and F1 and F2 were released from their cells, prisoners assigned to F3 remained locked in.

According to the unit sergeant, F3 is locked down because of "the issues that occurred" on Friday. It is unclear if the F3 was locked down as a group punishment, an effort by staff to send a message to prisoners as to "who is in charge", or - as is usually claimed - to keep prisoners separated to give time for staff to investigate the reasons behind the fight. However, because staff have known for nearly a week that the problem existed, who was involved and the issues at play, coupled with the fact that prisoners weren't locked down from the time of the "incident" until Saturday afternoon, that (investigation) window was closed, so that excuse just doesn't fly.

On the other hand, there COULD (and SHOULD) be an investigation into WHY staff failed/refused to resolve this issue despite knowing full well all of the issues and persons involved before it came to a physical assault that resulted in significant injuries. Indeed, unit staff seemed irked that the fight happened, stating that the 2 prisoners "agreed to wait until Saturday to be moved." That investigation may well be made in furtherance of a civil rights lawsuit for an intentional failure to protect.

In the meantime, F3 prisoners, who had nothing to do with the fight or the issues associated with it remain locked down until such time as administrators see fit to release the tier for normal operations.