Institutionalized Cruelty: Torture at SCI Dallas and in Prisons Throughout Pennsylvania

Obviously we are not human beings to them, we are merely a number. -SCI Dallas prisoner

“Okay motherfucker, game on. I can kill you and won’t nobody care because you ain’t nothing but a number that’ll be replaced.” -threat reportedly made by SCI Dallas guard

A Report by the Human Rights Coalition-Fed Up! Chapter HRC-Fed Up! 5129 Penn Avenue Pittsburgh, PA 15224 [email protected] 412-361-3022

Table of Contents

Dedication………………………………………………………………………….……...4

Introduction: Report Summary and Legal Framework…………..………………...... 5

A Day in the Life of the Prison-house of Nations…………………………….....5

Summary of Findings……………………………………………………………..7

The Supreme Law of the Land: Note on the Legal Framework……………….11

Program for Accountability, Access, Oversight and Transformation……….…12

Human Rights Violations at SCI Dallas: Prisoners’ Voices……..……………………..14

Case Study: Matthew Bullock—Murder by Other Means……………………..……14

Case Study: Andre Jacobs and the Ethic of Resistance………………...... …….17

Solitary Confinement: Torture Disguised……………….……………………...21

Environmental Conditions: Water to Waste…………………….……………..30

Medical Neglect………………………………………………………………….33

Retaliation………………………………………………………………………..39

Racism: A Systemic Crisis………………………………………………………45

Physical Assault and Violence…………………………………………………..46

Sexual Violence…………………………………………………………………..49

Denial of Due Process: Grievances, Misconducts, Legal Property, and Access to the Courts……………………………………………………………………………….51

Seeking Accountability: SCI Dallas, Prior Notice and Official Indifference…..53

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Human Rights Violations throughout the PA DOC………………………..………….57

Assault/Physical Abuse……………………………………………………………58

Mental Health and the Psychological Impact of Solitary Confinement………59

Malign Neglect: Profit over Prisoners………………………………………….61

White Supremacist Racism……………………………………………………..64

Denial of Due Process: Grievances, Misconducts, and Access to the Courts…..67

Prison Litigation Reform Act……………………………………………………..67

Misconducts………………………………………………………………………...69

Grievances………………………………………………………………………….70

Recommendations—Human Rights and Accountability: Organizing to Enforce the Law………………………………………………………………………………………..….73

Investigate and prosecute crimes of torture and other cruel, inhuman or degrading treatment or punishment……………...………………………………..74

Restructure the criminal legal system according to international law……..……76

Encourage prisoners to form associations for the defense of human rights…...79

Abolish solitary confinement……………………………………………………...80

Create a culture of human rights defenders……………………………………..81

Enforce the Universal Declaration of Human Rights and make prisons obsolete……………………………………………………………………………….82

Appendices…………..……………………………………………………………………..86

Appendix I—Case Study: Anthony Singleton—“I have relapsed. Daily the thought of killing myself there.”…………………………………………………………...….86

Appendix II—What good is a jury? by Andre Jacobs………………………….…….89

Appendix III—Seeking Accountability: The Other Inauguration Celebration……….90

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Dedication

The focus of this report is widespread allegations of criminal human rights violations committed by Pennsylvania Department of Corrections (PA DOC). While we understand that many prisoners commit immoral and horrific acts we do not feel a responsibility to focus on these: prisoners are not subsidized by taxpayers to uphold the law and act as custodians of collective security and social justice. The PA DOC bears that responsibility. Given the secrecy, dishonesty, and cowardice that characterizes the official attitude of the PA DOC to reports of human rights violations committed by its personnel, the only recourse for those who demand accountability and the rule of law in the justice system is to amplify the very voices these prisons try to silence.

This report is dedicated to past victims of torture and today’s survivors, those subjected to the starvation, thirst, psychological deterioration, social isolation, beatings, threats, lack of medical care, and racism that constitutes the regime of solitary confinement in Pennsylvania. May we all listen to the cry for justice from those who resist and survive so that the world may know their names and stories and take collective action to abolish torture.

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Introduction

These prisons serve no purpose. They’re graveyards. —Wilson Booker, from his solitary confinement cell in SCI Dallas

I think the average tax payer will be mad to know that their money is going [to] warehousing instead of rehabilitating and facilitating inmates with the tools to be productive in society once they are released. —Alex Melendez, September letter to HRC

A Day in the Life of the Prison- growth rate.3 This trend represents House of Nations a continuation of a three-decade long incarceration binge that has With 51,4871 people confined in seen the PA DOC prisoner state prisons under the control of population increase by more than the Pennsylvania Department of 458% since 1980, adding more than Corrections (PA DOC), the state of 38,000 prisoners.4 And there is no Pennsylvania ranks seventh in the end in sight. In remarks to PA United States in terms of its prisoner General Assembly members in 2008, population.2 From 2007 to 2008 the PA DOC Secretary Jeffrey Beard prison population in Pennsylvania stated, “the system has grown by increased by 9.1 percent, the 21% from 37,995 in 2001 to 46,028 highest in the U.S., far ahead of in 2007. And, this growth is second place Arizona’s 4.9 percent

3 “Pa. prison population shows big growth,” 1 Pennsylvania Department of Corrections Peter Mucha, Philadelphia Inquirer, December Monthly Population Report as of December 31, 10, 2009. 2009. 4 PA DOC Budget Request FY 2008-2009, 2 Bureau of Justice Statistics Bulletin: Prisoners remarks by Secretary Jeffrey A. Beard, Ph.D, to in 2008, William J. Sabol, Heather C. West and the Senate Appropriations Committee on Matthew Cooper, February 28, 2008 and House Appropriations http://bjs.ojp.usdoj.gov/content/pub/pdf/p08.pdf. Committee, March 3, 2008.

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expected to continue at an average years of their release.9 growth rate of 4% each year through year-end 2012, reaching 57,000 This is the context in which this state prisoners.”5 report on human rights violations at the State Correctional Institution The PA DOC recently announced (SCI) at Dallas has been written. plans to ship 2,000 prisoners to other states in an attempt to release In June of 2009, the Human Rights the pressure from an overcrowded Coalition-Fed Up! chapter (HRC) system.6 This is being done despite initiated an investigation into the state authorizing the conditions of confinement at SCI construction of three new prisons in Dallas. The findings of this Centre, Fayette and Montgomery investigation are detailed in the counties and additional housing following report, allowing the voices units in Crawford, Forest, Indiana and experiences of the prisoners and Northumberland counties, which themselves to take center stage. In will add nearly 9,000 beds to the the course of our investigation we system when complete.7 have reviewed thousands of pages of prisoner letters, institutional Absent from media reports and paperwork, civil litigation governmental proposals on PA DOC documents, affidavits and operations are any discussions of declarations, correspondence to and the conditions of confinement in from family members, and state prisons. The lack of conducted hours of interviews with rehabilitative programming, those who have loved ones at SCI especially vocational training and Dallas. Most of the material mental health services, guarantees a providing the content for the report persistent recidivism8 rate where was accumulated between June and nearly 1 of every 2 prisoners October, although certain reports become re-incarcerated within three detailed prior violations. Additional reports come in by the week, and some of this more recent material 5 ibid. has been included in the final 6 “Pa. will transfer 2,000 inmates to Va., Mich.,” report. Tom Barnes, Pittsburgh Post-Gazette, December 22, 2009/ While certain aspects of conditions 7 “State Unveils Plans for New Prisons and reported to HRC are distinct to SCI Housing Units to Address Overcrowding,” Dallas, the most disturbing fact of Pennsylvania Department of Corrections, the human rights violations detailed Correctional Newsfront Volume XXXV, No, 2, herein is their consistency with 2009. 8 Recidivism refers to the “tendency to relapse reports from other prisons in the PA into a previous undesirable type of behavior, especially crime.” Official recidivism rates are 9 Pennsylvania Department of Corrections, calculated according to the percentage of Recidivism in Pennsylvania State Correctional prisoners who become re-incarcerated within Institutions 1999-2004, Robert Flaherty, three years after their release. December 2006.

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DOC. While the intensity and degree criminal complaints, and civil of particular violations varies from suits regarding conditions of prison to prison, HRC has amassed confinement and guard an unassailable body of evidence misconduct/crimes. This indicating that physical abuse and practice commonly takes the assault, sexual harassment and form of the issuance of violence, overt and malicious racism, fabricated misconducts and psychological torment, medical subsequent placement in deprivation, deprivation of food, solitary confinement, as well exposure to dangerously un- as the seizure and destruction hygienic conditions, constant of legal property; intimidation and retaliation, and the • Failure to provide adequate, subversion of prisoners’ due process or at times any, physical or rights are normative features of mental health care; prison life in Pennsylvania. • Brown drinking and bathing water, filthy cells, exposure to The purpose of this report is to infectious diseases, and reveal the cruelty, illegality, generally substandard suffering, racism, violence, and environmental conditions; despair that constitute the reality • Encouragement of prisoner- inhabited by inmates at SCI Dallas. on-prisoner violence, In this task we aim to contribute to including incitement to an enhanced public awareness and murder and sexual violence; outrage over what a day in the life is • Incitement to and like for some of the more than 2.4 encouragement of suicide; million men, women and children • A defective inmate grievance incarcerated in the United States, system that is systematically the prison-house of nations. biased against prisoner claims of staff misconduct and Summary of Findings substandard conditions, commonly refusing to permit “I was confined in the RHU for my prisoners to present witnesses mental problem, and I can tell you or security camera evidence in that the RHU of SCI-Dallas is Hell.” support of their claims, and —Roberto Rivera thus violating their right to due process. This practice The major findings of our conforms to inmate grievance investigation into SCI Dallas are: procedures throughout the PA DOC (see enclosed official • Frequent usage of racist slurs, inmate grievance statistics, threats of violence, verbal and wherein less than 2% of physical abuse by guards; prisoner grievances were • Retaliation against prisoners upheld between January 2008 exercising their constitutional and May 31). rights to file grievances,

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The highest concentration of psychological instability and prisoner reports came from those disorder already exists amongst the being held in the Restricted Housing prisoner population than within the Unit (RHU). The RHU is a solitary population at large11 the rate of confinement/control unit10 where mental illness becomes higher yet prisoners are held in their cells 23 amongst those confined in control hours each day during the week and units. Responses to questionnaires 24 on the weekends. Conditions in sent to large numbers of prisoners the RHU at Dallas were summarized led the U.S. Bureau of Justice by one prisoner as follows: Statistics to claim in a September 2006 report that as many as 56% of “The conditions were very state prisoners likely suffer from a inhumane… hot, no working mental health problem,12 based on vents at all… stuffy and the presence of a recent history or humid… My first cell bugs symptoms of mental health were biting me all over my problems. body, when I said something about it they (medical staff) The regime of solitary confinement played like I was crazy then both exacerbates and generates finally after constant psychological instability, complaining they gave me abnormality, and disorder, therefore benadryl then moved me and perpetuating an escalating cycle of still didn’t clean the cell. They mental illness and suffering inside had a light on all day that felt and outside the prisons. The like a rotisserie lamp. It was scientific consensus deduced from hard to sleep because of the copious research on the hot humid cells and constant psychological impact of solitary bugs biting me all day and confinement is that the experience night… We had no cups to generates considerable and drink the brown colored water sometimes permanent mental that came out of the sinks and suffering toilets. There was constant screaming yelling kicking and Prisoners at SCI Dallas frequently banging (with objects on reported experiencing suicidal doors to multiply the sound tendencies, distortions in thought on the doors).”

11 Along with dangerously substandard Terry Kupers, Prison Madness: The Mental conditions comes the psychological Health Crisis Behind Bars and What We Must deterioration of prolonged isolation. Do About It. Dr. Kupers writes that “The prevalence of mental disorders among prisoners While a vastly higher prevalence of is quite high, at least five times the prevalence rates in the general population,” p. 11. 10 RHU, solitary confinement, control unit are 12 “Mental Health Problems of Prison and Jail used interchangeable in this report. Prisoners Inmates,” Doris J. James and Lauren E. Glaze, and popular discourse commonly refer to these Bureau of Justice Statistics Special Report, units as “the hole.” September 2006.

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processes, hallucinations, rage, of corpses and lawsuits in its wake inability to concentrate, and around the country (see section 3.3). helplessness. During the course of Prisoners frequently report being our investigation one prisoner, denied medications, surgery, Matthew Bullock, committed suicide hospitalization, and other necessary by hanging. In the days and weeks care. The compelling and obvious that followed HRC obtained 8 motive behind these restrictions on statements from other prisoners access to medical services is the testifying that: (1) Mr. Bullock was lowering of costs, which for a private severely depressed as a corporation means the increase of consequence of conditions in the profits. RHU, where he was being held in violation of a judge’s sentencing According to official PA DOC order that he serve his time in a statistics 13 prisoners died at SCI secure mental health institution; (2) Dallas in 2009. Aside from the Mr. Bullock made staff aware of his Bullock suicide 11 were listed as urge to commit suicide; (3) guards “natural” while the death of 25 year- ignored his plea for help and even old Howard Kelley was encouraged him to kill himself; (4) undetermined.13 Newspaper reports guards moved him from a cell with a subsequently reported that Mr. camera to a cell without a camera Kelley died as the result of after Mr. Bullock threatened to kill complications from HINI, aka “Swine himself; (5) staff then failed to make flu”, although family of Mr. Kelley rounds for at least four hours report being told conflicting providing Mr. Bullock the information. HRC has received opportunity to kill himself. several reports that Mr. Kelley had attempted to seek medical care for HRC has received several such his illness prior to his death but was reports of guards encouraging refused. By the time he was given prisoners to kill themselves. Mental attention it was too late. health care is virtually non-existent, especially for those in solitary Another lethal example of medical confinement. These reports are neglect and cruelty in the RHU was consistent with countless others reported to HRC in late November by received from prisoners in the PA Andre Jacobs (see case study in DOC. section 2.2). Mr. Jacobs reports that he informed both C/O Rayburn and The lack of mental health treatment Nurse Dawn Williams that prisoner fits within a more extensive problem Bernard Carr was coughing and of medical neglect. The provision of throwing up in his cell. Nurse medical services in SCI Dallas, and Williams replied, “Mind your throughout the PA DOC, has been business. He can sign up for sick contracted to Prison Health Services, Inc. (PHS), a Tennessee-based for- 13 Pennsylvania Department of Corrections profit corporation that has left a trail Inmate Deaths System data, obtained via PA Right to Know request; on file.

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call.” Sick call was not until tomorrow. At approximately 6:00 Prisoners who attempt to resolve am on the morning of 11/25 C/O problems of substandard conditions Wilk found Mr. Carr dead in his cell. and staff misconduct through non- When Sgt. Ransom arrived on the violent, constitutionally-protected block that morning, it was reported means such as filing grievances or that he loudly stated, “Another dead lawsuits are singled out for nigger. Jacobs’ next.” Mr. Carr’s retaliation. Along with racist death was confirmed by the official intimidation and threats of violence, PA DOC inmate deaths list. commonly reported tactics of retaliation include issuing false Guards at SCI Dallas routinely misconduct reports that provide a engage in racist harassment and pretext for holding prisoners in intimidation, targeting black and prolonged, sometimes indefinite, Latino prisoners with fabricated solitary confinement. Once in the misconducts, physical abuse and RHU these prisoners are routinely assault, and deprivation of food, subjected to deprivation of food, water, and other rights. One running water, yard, showers, example amongst many came from personal property, access to the law Randolph Creighton when he sent library; their mail is opened, HRC a copy of a private criminal delayed, confiscated, or destroyed. complaint he submitted to the DA of Prison misconduct hearings are Luzerne County regarding Sgt. virtually always formalities that rule Henry, stating that “Dec. 2, 2009, against prisoners after refusing roughly after 3:00pm, Sgt. Henry them the right to call witnesses or ordered myself and other compound access security camera footage for workers to pick up all the rocks that purposes of evidence. were left around the edge of the dug up hole. As I proceeded to do so, Those who file grievances do so with Sgt. Henry stated the following the knowledge that these too are comments “you black guys sure are virtually always decided against fucking lazy (stated twice); If those prisoners. Official PA DOC were crack you guys would kill each grievance statistics reveal that other trying to pick them up! You between January 1, 2008 and April black guys should all be fired. I’m 28, 2009 less than 2% of prisoner going to see if you all can be fired. grievances were upheld throughout You’re nothing but punks and drug the state.14 Yet because of the dealers.” The complaint also stated provisions of the Prison Litigation that on December 9th Sgt. Henry Reform Act (see section 3.5.1) those refused to sign paperwork of Mr. who want to challenge violations of Creighton’s, stating, “I’m not signing their rights in court are forced to file your pass. I’m leaving Friday for grievances, despite the serious risk good so take that pass and shove it to their health and safety, lest the up your black nigger unemployed ass you black bitch.” 14 PA DOC Inmate Grievance Tracking System Summary Totals, on file.

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claim be dismissed on a procedural Torture and Other Cruel, Inhuman or technicality. Degrading Treatment or Punishment; the International In sum, conditions of confinement at Covenant on Civil and Political SCI Dallas fail to meet minimal Rights; and the Universal Declaration standards of decency, competency, of Human Rights. Other guidelines morality, or legality. Substandard for interpreting and implementing conditions expose prisoners to human rights principles that have infectious diseases and ill-health been adopted by the United Nations (see section 3.3) and medical staff are also included in order to provide routinely refuse adequate or any analytical support and as useful treatment; mental health services tools for addressing violations of are grossly deficient when they are prisoners’ rights. available at all; solitary confinement is being used as a warehouse for the We have chosen not to focus on U.S. mentally ill and as a tool of domestic law for this particular retaliation; and flagrant racism of a report, although the conditions distinctly white-supremacist nature alleged herein violate numerous governs the entire operation of the aspects of such, because it is our prison. In all of the above SCI Dallas contention that international law falls squarely within the mainstream (which is also constitutional law, see of the PA DOC. below) must be the legal standard which government actions are The Supreme Law of the Land: measured by if human rights and Note on the Legal Framework the rule of law are to be respected.

Torture seeks to annihilate the The treaties, resolutions, and other victim’s personality and denies the guidelines presented herein inherent dignity of the human being. represent the customary The United Nations has condemned understanding of international law torture from the outset as one of the acknowledged by the world vilest acts perpetrated by human community. For this reason HRC beings on their fellow creatures.15 recognizes international human rights law as binding upon the International human rights law United States under article 6 of the provides the general framework for U.S. constitution, which states that the legal analysis contained in “all treaties made . . . under the sections 3 and 4 of this report. The authority of the United States, shall three primary documents in this be the supreme law of the land.”16 regard are the Convention against This report does not probe the U.S. 15 Human Rights Fact Sheet series No. 4, record on ratifying, recognizing, or Methods of Combating Torture, published by the abiding by international conventions Office of the United Nations High Commissioner for Human Rights, United 16 The Constitution of the United States of Nations Office at Geneva. America, Article VI

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and customs. Nor does it seek to of the state can only be understood distinguish with finality which to represent a position of tacit violations amount to torture and approval at worst or a decision of which fall into other categories of ill- political expedience at best. treatment. This latter concern can only be adequately achieved by We offer the following officially authorized criminal recommendations (see section 4) to investigations conducted in accord our allies in civil society as a with international standards. framework for sustained, principled, committed political struggle. These Instead, this framework is advanced recommendations are in no way in order to further the development comprehensive and demand further of the human rights culture and elaboration and integration into a movement in the U.S. Rather than broader movement for the engage in discussions of official U.S. enforcement of human rights law interpretation and application of and a corresponding restructuring of international law, we find it more the political, economic, and social direct to expose severe violations relationships and institutions that and utilize the human rights govern our communities and shape framework as a tool for our collective future. understanding and action. As an organization comprised of Ultimately, ratification, recognition, prisoners, their families and support and adherence to the conventions people, and human rights and customs of international human defenders, we expect these rights law is not the responsibility of constituents to be most receptive to the government per se, but the the following recommendations. responsibility of the people. I. Investigate and prosecute crimes of torture and Program for Accountability, other cruel, inhuman or Access, Oversight and degrading treatment or Transformation punishment. II. Restructure the criminal The contents of this report describe legal system according to an unsustainable and appalling international law, culture of criminal conduct within bringing conditions of the PA DOC. To date, no effective confinement into accord action has been taken by those in with the United Nations positions of power to address the Standard Minimum Rules human rights crisis inside the prison for the Treatment of system. The inaction and Prisoners. indifference from DOC and state III. Encourage prisoners to officials when presented with form associations for the substantial documentation of crimes defense of human rights.

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IV. Abolish solitary confinement. V. Create a culture of human rights defenders. VI. Enforce the Universal Declaration of Human Rights and make prisons obsolete.

These recommendations, which are explained more fully in section 4, provide a framework through which the human rights movement can pursue varied and mutually supportive initiatives for accountability for state crimes, access to prisoners, monitoring of conditions, and system-wide transformation. Anything less will guarantee that the abuses of power described below will persist.

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Human Rights Violations at SCI Dallas: Prisoners’ Voices The conditions reported herein, “So many things is going on in this coupled with comparable reports prison like nothing I’ve experienced in 26 years of incarceration and I’ve been under some physically rough from throughout the PA DOC and conditions.” new reports of assault, starvation, – Eric Rambert (AM-9223), 2/3/2009 retaliation, death threats, and abuse of the mentally ill give the definite “I recently had the misfortune to be sense that things are getting worse. shipped into SCI Dallas where every complaint you have from here is only the tip of the iceberg.” – Steven Mable (CW-1531), 8/3/09 Case Study: Matthew Bullock— Murder by Other Means “The Christian in me says it's wrong, but the corrections officer in me Matthew Bullock committed suicide says, ‘I love to make a grown man on August 24, 2009. Days after his piss himself.’” death, we received the first report —Charles Graner, Abu Ghraib guard from a prisoner that guards had and former Correctional Officer at tormented him until he killed SCI-Greene in Pennsylvania17 himself. In the coming days and weeks no less than eight eyewitness For this section of the report we reports were sent to HRC/Fed Up! reviewed all the letters, reports, describing guard encouragement criminal complaints and other and facilitation of this suicide. As documents we received from Dallas David Sierra (DV-0642) wrote on throughout 2009 in order to provide 9/12/09, “Hopefully something an overview of the dominant could be done before more people patterns of human rights violations die.” in the voices of those on the target end. Due to space constraints, we Carrington Keys (EF-4010) wrote on can present only a fraction of these 9/17/09: stories. The reports are grouped by type of abuse: physical, sexual, “I Carrington-Alan Keys hereby medical, etc. Listening to these declare, swear and affirm voices is a harrowing experience. under penalty of perjury, true, correct, complete, and not 17 “Punishment and Amusement,” Scott Higham misleading that during the and Joe Stephens, Washington Post, May, 22, month of August and the days 2004.

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following up to August 24th In a similar vein, Isaac Sanchez (GY- 2009 that several officers 8440) wrote on 8/24/09: including Officer Bath, Corbett, McCoy, Pudlowsky, “That on the date of 8/24/09 Rasburn and Matello around 6:15pm I did witness encouraged prisoner Matthew with my eyes and hear with Bullock to kill himself, called my ears officers Mattelo, Babs him child molester, kicked on [sp] and first shift and second his door, and deprive him of shift passionately and protection against suicidal aggressively state such foul tendencies. Specifically I recall energy comments towards on 8-26-09 and 8-27-09 Matthew Bullock. Stating such Officer McCoy was bragging things as child molester, that it was him (McCoy) that snitch, pedophile and many made Bullock commit suicide other disrespectful names. and that he would like to see They also told Matthew other inmates kill themselves. Bullock that they don’t take On 8-27-09 C/O McCoy stated his suicide threats seriously that he is going to make the and that if he wanted or baby raper ‘[name withheld]’ needed a helping hand to kill himself too. The days assist his suicide task/threat… following up to the date that The officers here at Dallas prisoner Matthew Bullock definitely caused this inmate committed suicide Mr. Bullock to kill himself by agitated him was complaining about being in various ways and by totally unable to breathe in hot cell ignoring his health with the bright light shining in problem/conditions.”19 his face 24 hours a day. Prisoner Bullock was in a David Sierra (DV-0642) submitted an camera cell and told the affidavit written on 9/17/09, officers that he would kill swearing the following: himself. The RHU officers moved inmate Bullock to a cell “On 8-24-09 at 6:16pm a without camera and provided Lieutenant in the RHU him the means to kill himself. contacted the medical No officers made any rounds department claiming that an to check on Bullock on the 2- inmate hung himself. This 10 shift. Therefore Mr. Bullock inmate, a ‘Matthew Bullock’, being under the pressure of was in KA-50 cell where a solitary confinement and camera is placed in front of being treated less than a dog cell for observation, then committed suicide.”18 abruptly moved to KA-48 cell. During the move to a different

18 Affidavit of Carrington-Alan Keys, executed 19 Affidavit of Isaac Sanchez, executed on 8-24- on 9-17-09, on file. 09, on file.

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cell C/O Wilks (who was drunk loved one’s death. May God and comes to work like that Bless his soul!” daily) taunted him (Bullock) and antagonized him by Abdus-Shahid Ali (HU-5599) reported calling Bullock a child a final indignity to us in a letter from molester, and rapist. C/O 10/8/09 that said, “The next day Colbert, C/O McCoy, on the 6- they moved someone in without 2 shift, and C/O Bath, C/O cleaning the cell.” Matello, and C/O Sromovski on the 2-10 shift antagonized Matthew Bullock was serving a 20-60 Bullock for days, telling him to year sentence for the murder of his kill himself. This was an pregnant wife in November 2003. ongoing process until he did He was found guilty but mentally ill what they forced him to do.”20 by a jury and ordered to serve his sentence in a secure mental health In an undated letter that also facility by Judge Jospeh Augello. addressed the inhumane conditions Despite this sentencing instruction, of solitary confinement, Lawyer Mr. Bullock spent only a small Lanier (GU-5777) wrote: portion of his time in the PA DOC in a “secure mental health facility,” SCI “They also murdered a man on Waymart. He was sent to SCI Dallas approximately August 22. A on July 15, 2009. According to one man named Mathew Pollock of his trial attorneys, Al Flora, Mr. [sic] died in K-A-48 cell of Bullock’s family reported that he had Dallas RHU. Officer Bath attempted suicide six times while in worked along with Officer the PA DOC.21 It has also come to Montello. Officer Bath was the attention of HRC/Fed Up! that instigator. He was making psychiatric personnel re-established comments of how we’ll ‘all get Mr. Bullock’s prescription level to a your day’ and ‘we’re just “baseline zero”, which means they saving tax dollars, it’s a terminated all his current depression.’ When inmates medications. screamed man dying get him help. They lounged around As a result of our ongoing making comments of obscene investigation several articles related nature to which I can’t repeat to the Bullock suicide, human rights in detail. No one knew his violations and control unit torture family to tell them real story were published in the Wilkes-Barre and be able to offer affidavits Times Leader, which is the local area and testimony so they can get newspaper for SCI Dallas, and justice. Surely they were given another in the state capitol’s a trumped up version of their

21 “Lawsuit in inmate suicide possible,” Steve 20 Affidavit of David Sierra, executed on 9-17- Mocarsky, Wilkes-Barre Times Leader, 09, on file. September 29, 2009.

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Harrisburg Patriot.22 Both PA DOC Bullock. I hung myself Nov. 12, ’08 spokeswoman Sue Bensinger and PA and all these people did was lock me DOC Office of Professional in a room naked for 18 days and Responsibility (OPR) Director James take every medication that had Barnacle alleged that the PA DOC helped me. I wouldn’t have hung would investigate any credible myself if they would’ve listen to me. claims regarding this or other If they wouldn’t have continually related matters of prisoner abuse. messed with all my medications.” In the weeks following the suicide, HRC/Fed Up! submitted 7 And Frederick Collins (GZ-8313) eyewitness accounts and over 100 wrote on 10/05/09 that he “was additional complaints regarding subjected to mental abuse, and was comparable human rights not fed by CO Bath. [I] was told to violations—including guard kill [my]self, this is a regular form of incitement to suicide, abuse of the abuse used by CO Bath and other mentally ill, death threats, and officers in the ‘hole’. While [I] was in unbearable living conditions in the the RHU inmate Matthew Bullock solitary confinement units—to OPR, committed suicide, he was subjected PA DOC Secretary Beard, state to the same abuse as [me], so much Attorney General Corbett, and so he committed suicide, due to Governor Rendell, requesting cruel and unusual punishment.” transparent investigations and the enforcement of the rule of law in SCI Case Study: Andre Jacobs and the Dallas and throughout the PA DOC. Ethic of Resistance To date no investigation has been forthcoming. Andre Jacobs entered the criminal legal system at the age of 15 and Unsurprisingly, several inmates fear has been incarcerated ever since, that they will meet the same fate as subjected to assaults, constant Bullock. As John Paolino (GN-5925) racism, and convicted on allegedly wrote on 11/05/09, “Since I got to false criminal charges on multiple this prison I’ve been in the RHU occasions. He has spent the last more time than in general nine years and counting in solitary population. I need someone to help confinement in retaliation for filing me because I should have been Matt lawsuits against violations of his rights by prison guards and DOC officials. 22 “State to investigate allegations about Dallas prison guards,” Steve Mocarsky, Wilkes-Barre An affidavit submitted to HRC/Fed Times Leader, September 11, 2009; “Prisoner Up! in November, 2009 stated: rights group wants probe of state prison,” Steve

Mocarsky, Wilkes-Barre Times Leader, September 27, 2009; “Lawsuit in inmate suicide “I only know Andre Jacobs possible,” Steve Mocarsky, Wilkes-Barre Times from being transferred to SCI Leader, September 29, 2009; “Suicide raises Dallas in May 2009. A week questions about prison treatment,” Pete Shellem, prior to his coming there I Harrisburg Patriot, September 19, 2009.

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heard prison guards Robo, District of Pennsylvania.24 The McCoy and Sgt. Buck motion was denied. propositioning prisoners to attack Mr. Jacobs verbally and Andre has brought four lawsuits to physically because ‘he is a jury trial against DOC defendants. snitch’. After the first trial resulted in an unfavorable verdict for him, U.S. “I also witnessed that on 10- Marshals reportedly dragged Andre 10-09 [Mr. Jacobs received a onto an elevator and beat him visit] and while Jacobs was on unconscious. In multiple interviews the visit Sgt. Buck specifically with Mr. Jacobs and his sent guards Provo and grandmother, who witnessed the Harrison to search and destroy assault, it was recalled how Andre legal documents in Jacobs’ cell had called out to his grandmother to which we all were hollering that he loved her. The U.S. that the search is illegal, and Marshals, who had displayed a the toilet kept flushing hostility toward Andre during the everything paper was entirety of the proceedings in the crumbled, which later was federal court in Pittsburgh, told him discovered by Jacobs. They he was not to say a word, and were in his legal box and subsequently dragged him on the documents are missing. elevator and assaulted him.25

“It is no mystery that the Despite being handcuffed and guards are highly retaliatory shackled with his arms full of legal against Jacobs for winning his documents at the time, charges lawsuit because everyday they were brought against Andre for are making remarks about it, assaulting the officers. Mr. Jacobs and I found out about it was found guilty in a trial in which listening to Robo, McCoy and he claims that he was provided Sgt. Buck talk about it before ineffective counsel and that U.S. Jacobs got there, they were marshals perjured themselves mad.”23 regarding the events of that day. He was sentenced to 17 years under These acts of retaliation and others, federal law. including death threats and physical assault, were corroborated by other prisoners and Mr. Jacobs himself in a Motion for Temporary Restraining 24 Order and/or Preliminary Injunction Motion for Temporary Restraining Order and/or Preliminary Injunction, Jacobs v. DOC et filed pursuant to civil action no. 04- al. Civil Action 04-1366, October 10, 2009, 1366 with Judge Conti in the U.S. copy on file. District Court for the Western 25 Based on several interviews with Mr. Jacobs and Elizabeth Springer, along with a federal 23 Declaration of Eric X. Rambert #AM9223, habeas corpus petition filed by Andre Jacobs this November 2, 2009, on file. fall, a copy of which is on file.

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Another lawsuit brought by Andre made to live in it for several that is ongoing describes abuse and days. […] torture at the hands of psych staff at SCI Fayette. The complaint reads, in “When I asked defendant part: Saavedra why he was denying me placement in a treatment “On June 19, 2004, defendant unit and singling me out, he Saavedra ordered that I be stated that I shouldn’t placed in four-point restraints ‘complain so much’ and that after I set the water sprinkler I’m ‘nothing but a lab rat’.”26 off in my cell. Despite a traumatic childhood, “Defendant Saavedra forced which saw him prescribed anti- me to remain in restraints depression and anti-psychotic drugs until June 22, 04 without ever at age six and involuntarily talking to or observing me. committed to mental health facilities on two occasions, Andre has “While already restrained, become a proficient jailhouse lawyer defendant Saavedra then at the age of 27. In November ordered that I be involuntarily 2008, a jury in a civil rights lawsuit injected with anti-psychotic against the PA DOC awarded Andre drugs (unknown to me at the $185,000. In November of 2009, time) at the suggestion of Andre wrote an article in response non-medical LTSU [Long-Term to Judge Conti’s efforts to diminish Segregation Unit] staff. Prison his victory by nullifying decisions guards physically held me made by the jury. That article is down while a female nurse republished in Appendix II of this forcibly pulled down my report.27 underwear and injected me in the buttocks with a needle. Andre is being subjected to daily threats, acts of brutality, fabricated “I was injected with Haldol at misconducts, obstruction of his defendant Saavedra’s access to the courts, deprivation of direction, with full knowledge food and water, and mail tampering. that this drug is known to Whether or not this continues is cause restlessness and muscle dependent on how many outside the spasms in patients. Due to me being restrained and prison walls recognize and act

unable to stretch, defendant 26 did this as torture. Amended Complaint in Jacobs v. Saavedra and Kolli, civil action #07-514, in the U.S.

District Court for the Western District of “While in these restraints, I Pennsylvania, copy on file. urinated and defecated on 27 Originally published online by the San myself several times and was Francisco Bay View, http://www.sfbayview.com/2009/what-good-is- a-jury/

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according to the credo of resistance good?’ I gather that the mouse had he articulated in an article he wrote to have come from outside of this in December 2008, shortly after his unit since I have been here since victory: May 13, 09 and haven’t saw a single mouse; nor have I heard any prisoner complain about them being “Hopefully, the DOC heard me here. I note that my kosher bag has also and will consider addressing been smashed, contaminated with prisoners’ complaints more disinfect and trash, feces and now a honestly in the future instead of mouse, which I am sending to HRC attempting to bury our claims by as proof of my claim and I showed it falsely characterizing us as liars, to Lt. Martin.” or, as I suspect, they can continue oppressing and Two sworn affidavits submitted to persecuting me for exercising my HRC/Fed Up! state that on January 7, rights. But I will never stop 2010, Andre Jacobs was assaulted resisting because I live and die by at least 6 guards in the solitary on principles. It is who I am.” confinement unit at SCI Dallas. Carrington Keys reported hearing “KB-25 cell door opened and heard —Andre Jacobs officers MCoy, Wiles, Chalker, Wilk, 12-6-08 and Walters making racial remarks while repeatedly striking prisoner On December 7, 2009 HRC/Fed Up! Jacobs with loud strikes of blows received a manila envelope from repeatedly,” for several minutes. Lt. Andre Jacobs containing two Mosier was present during the declarations and a dead mouse assault. During this time Keys heard wrapped in newspaper. The McCoy and Chalker state “We told Declaration pertaining to the mouse you we were going to get your black read as follows: “On 11-30-09, Sgt. ass nigger.” The affidavit of Konycki and John Doe delivered me Anthony Kelly states that he heard my religious kosher bag at dinner C/O Chalker say “Told you we would time. Upon pulling the brown bag in get your nigger ass.” Andre Jacobs my cell, I immediately noticed reportedly suffered a busted lip and something moving in it. I slammed head, with cuts at the side of his the bag down and out ran a mouse face and legs. After the assault both which I was able to kill, its blood on Keys and Kelly overheard the guards my floor, my food, jelly, and cottage conspiring to fabricate a pretext for cheese splattered all over my legal the attack. Kelly reported hearing work. When Sgt. Konycki came to McCoy say “We got to get our stories my cell to collect trash he kept together,” to which C/O Chalker making a ‘squeak squeak’ noise all responded “We got to get them the way down the tier and when he tapes.” Lt. Mosier assured them that reached my cell, he stated ‘the “The cameras aren’t working.” mouse was from Sgt. Ransom was it Chalker then reportedly suggested

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that they claim Mr. Jacobs “slipped Humans are social creatures on an his cuffs,” before McCoy replied that elemental level, so denying someone “No, we’re going to say he was interactions with other humans is attempting to hang himself and that inhumane. “How,” he asks, “did we gives us all the power we need to end up with a prison system that enter his cell.” This version of may subject more of our own events was corroborated by both citizens to it than any other country affidavits. Andre Jacobs and another in history has?” prisoner confirmed this version of events in communications received Wilson Booker noted that being in later. the hole (RHU, or Restricted Housing Unit) involves deprivations other Criminal complaints were sent by an than those inherent in solitary HRC investigator to the District confinement. Residents of the hole Attorney of Luzerne County and the are deprived of the programs Civil Rights Division of the U.S. enjoyed by other prisoners. Booker Department of Justice on Mr. Jacobs’ writes, “Being in the hole, ‘RHU’ I’m behalf during the third week of being deprived of education, January. vocational and academic, and various other programs.” Solitary Confinement: Torture Disguised Abdus-Shahid Ali wrote on 8/20/09 of his suicidal tendencies. “My blood In a New Yorker article by Atul pressure is up and I constantly have Gawande dated 3/30/2009, Sen. headaches. I have bug bites all over John McCain (R-AZ) is quoted on the my body which I was giving benadryl effects of solitary confinement: “It’s for and never seen a doctor, then an awful thing, solitary. It crushes moved from my cell to another cell your spirit and weakens your with the same results. I fear for my resistance more effectively than any life and sanity everyday I live. I often other form of mistreatment.”28 think and have suicidal thoughts McCain regularly suffered more from the abuse I am suffering from traditional types of torture including back here.” In a later letter from physical abuse, but found solitary 10/08/09, he wrote, confinement a more effective and fearsome torture. Gawande “The conditions were very concludes that solitary confinement inhumane… hot, no working is indeed a form of torture because, vents at all… stuffy and he writes, “simply to exist as a humid… My first cell bugs normal human being requires were biting me all over my interaction with other people.” body, when I said something about it they (medical staff) 28 See played like I was crazy then http://www.newyorker.com/reporting/2009/03/3 finally after constant 0/090330fa_fact_gawande (accessed November complaining they gave me 7, 2009).

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benadryl then moved me and misconduct, there is a danger of a still didn’t clean the cell. They prisoner being placed in RHU for had a light on all day that felt insufficient reasons. Victor like a rotisserie lamp. It was Yarbrough (GQ-4316) wrote on hard to sleep because of the 8/24/09, “The guards/staff planted hot humid cells and constant a weapon inside my footlocker bugs biting me all day and during a search without my night… We had no cups to presence. I was given 90 days D/C drink the brown colored water time.” Sometimes prisoners are that came out of the sinks and involved in fights, giving license to toilets. There was constant guards to divide them along racial screaming yelling kicking and and supposed “gang” lines. banging (with objects on Cooperating with guards’ doors to multiply the sound investigations can lead to RHU time, on the doors).” as one prisoner related in his letter of 7/16/09: “I was assaulted up Eric Rambert on 7/16/09 discusses here, 2 other inmates, but I didn’t his and Ali’s detention in solitary want to tell. But the Lt. Miller told confinement as follows: me don’t worry, nothing will happen, so I told. He stated I would “Suffering under 24 hours a be transferred within 30 days but he day lights on in the cells, a lied. The [deputy] superintendent spit shield fixed on the cell Mr. Mooney stated I would have to door without violating a spit stay on AC status and not be policy that make the cell on a transferred. Now I’m stuck in the 80 degree day feel like 110 in RHU… it’s not right, I didn’t do our cells cause there is no nothing wrong to be in the RHU.” ventilation in the cell, the vent doesn’t blow air out or take Lawyer Lanier (GU-5777) gave a air in, they refuse to put the generous response to our fans on the tier, obstruct and questionnaire on solitary tamper with our food, showers confinement. Here are some and exercise yard, have us excerpts from his undated letter: housed in close proximity with mental health [patients] who “The cells are the size of a they agitate and have . . . small bathroom. In fact, they banging on doors, metal desk, remind you of a bathroom sinks and toilets and minus bathtub with bunk bed screaming all night for days at in place. The water smells like a time causing sleep steel and it is always brown. deprivation.” We are not allowed paper cups so it is difficult to drink. It has Entry into RHU can be triggered by a desk only big enough for a misconduct, but given the ease with child. The door has plexiglass which guards are able to fabricate a covering window, on top of

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bars and gates. That plus the tragedy may affront you added block at bottom allows today. no room for air to come in. We only come out for 1 hr At first I slept too much, now I recreation in dog cage rarely sleep. The loud screams Monday-Friday. They will take and banging and kicking on away a yard if they feel like it doors make it difficult. Plus although it’s against state law. I’m always attentive to C/O We also get 10 min. for a keys and the possibility that shower, three times a week. they’re coming for me. I Showers are dirty, filthy and mainly steal away naps here the water gives people rashes. and there and that’s how I We are due law library but sleep. they may skip on that also. We only have mail as outside My perception has changed outlet. Yet, the mail may be but I know not as badly as delayed or may never show. those who have suffered The mail has come with pieces longer. I believe it will take missing or open, and the time to adjust to reality outgoing mail may not leave again.” jail for 1 week to a month. The light in cell is blinding. It Another writer who has greatly reminds me of old war torture increased our understanding of the tactics. It hurts your eyes and psychological effects of solitary gives you migraines. I’ve seen confinement will remain anonymous medical for migraines and am for his own security. His undated due to receive glasses for letter is below. damage to retina. Only noises we hear are the screams of “One thing I want to point out the mental patients of which first is although this is a level there are many. 5 segregated housing unit (RHU), a lot of us, myself The hole has affected my included, are forced to have attention span significantly. I cellmates back here (at least often wander in thought as of at SCI Dallas). That means 23 habit, being only left to do so and 1 five days a week and 24 for such periods of time. hour lockdown the other two with a cellmate not of our [On anxiety:] The CO’s are choice I think that in itself is liable to do any level of pretty inhumane especially indignifying acts to you at any being as though this is so- given time. It’s constant worry called ‘solitary confinement.’ and unease. It makes one feel so helpless and vulnerable I, for one, was physically and you never know what assaulted by a previous

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cellmate and some people are come out 3 times a week for even sexually assaulted by shower which lasts anywhere cellmates. The CO’s do from 5 to 15 minutes usually. nothing to prevent or stop this Occasionally I’ve been left from happening. locked in the shower stall for close to an hour or more, The conditions are horrible. obviously forgotten about. The cell was disgustingly filthy This is another area where when I first entered it. There inmates can throw feces, etc. were stains on the walls and because they put 2 inmates the bunk that looked like per shower stall, next to each boogers/snot and dried blood. other only separated by a Hair and dirt was everywhere fence-like partition. and it smelled very bad. Also, the cells have no windows and Other than special very minimal air circulation. circumstances, these are the Plexi-glass “spit shields” only times we come out of our prevent air from flowing in cells. Also I’d like to point out cells. The water that comes the fact that to sign up for out of the sink and the these activities (recreation, showers is a dark “rust” color shower) we must be standing and tastes like chemicals. It at our cell door early in the even stains my white boxer morning when a CO will come shorts that I wear in the around with a list. Often the shower. CO will not announce that he is coming around or he will We are let out for one hour a speed by so fast that we are day, Monday through Friday, not prepared. If this happens for recreation which consists we are “burnt.” In other words, of being cuffed and led by a no rec, no shower. Other “dog leash” attached to the times COs will just skip over cuffs to an outdoor area us at random when it’s time to where there are a whole bunch come out. of cages similar in size to our cell. We are placed one person …Often I’ve suspected that my per cage and left out there mail was being “lost” or with nothing for one hour. tampered with, both incoming This is where some inmates and outgoing. But obviously smuggle containers filled with this is extremely difficult to feces, urine and other bodily prove. We also are allowed fluids and fling it on each one non-contact visit per other. Some inmates actually month for one hour. During undress, squat down and such visits, C/Os sit in the defecate into their hand and room and eavesdrop on the throw it like that. We also conversation and make it hard

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for a person to speak frankly say. This place definitely especially concerning any makes you think about it abuse or conditions in here. though. I feel sorry for weak- Any time we speak out, we minded or mentally unstable must fear retaliation in all inmates, though, because I imaginable forms… can see how they would have such impulses. In fact, at least The noises I hear are mostly one inmate committed suicide constant banging from by hanging himself in his cell inmates near and far in the while I’ve been in this RHU. RHU. And I’m talking about (The C/Os harassed him into 24/7. Some inmates bang on hanging himself.) It was a few tables, bunks, doors, sinks, weeks ago, I don’t recall the etc. and it seems like it never date. But the jail swept that ceases. Other than that I hear incident under the rug and put guards yelling and cursing at a new inmate in that cell the people. Often I hear them use very next day. racial slurs and other derogatory terms towards My sleeping patterns are inmates. The COs tell inmates different while in RHU. I must to “kill themselves” and try and doze off during the sometimes kick doors or clang rare times that it is quiet. But keys to disturb our sleep. my sleep is often interrupted Also, I hear inmates constantly by banging, clanging, C/Os screaming. yelling, inmates screaming etc. Also the light makes it My ability to focus has almost impossible to sleep definitely changed. When I try during the day. My sleep is to read I cannot focus on what very disturbed and I’m sure I am reading even on rare the pattern is unhealthy. I occasions when it is relatively have frequent nightmares. I quiet. I’ll find myself reading have daydreams and fantasies the same page of a book for very often in RHU. Mostly they like 20 minutes or half an are about being somewhere hour at a time because I can’t else, what I would be doing or concentrate enough to like to be doing if I was home, comprehend what I am planning for my future when I reading. My mind constantly get out or just imagining that wanders and I sometimes find things were different. I it difficult to talk to people sometimes reminisce about because of this as well. my childhood or past experiences. Thankfully, I’ve never had an impulse to hurt myself, or at My perception of reality is least a serious one I should usually OK. I have noticed

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slight visual hallucinations in prison official is incapable of my peripheral vision and also lying. In cases where it is our if I focus on an object for word against a staff, he always extended time. Now that I sides with the staff. And often think about it, my perception we are found guilty based on of reality maybe isn’t as good no other evidence but a C/O’s as I’d like to think it is. I must word. The hearing examiner admit, my thoughts are often refuses to call any witnesses irrational in relation to reality of ours. and often violent. Sometimes my perception of time is off. I Often times, I for one, as well sometimes get paranoid and as other inmates I’ve spoken think my cellmate is watching to, will plead guilty to charges me or paying too much that we are not guilty of attention to my business. We simply because we know the get absolutely zero privacy. I sanction will be much worse if often get paranoid and we plead not guilty… wonder if he is a homosexual. Sometimes I have urges to I think that the whole idea of hurt him, but I try to control solitary confinement is insane. myself. I try to remind myself We are already in prison. This that it is not his fault we are is just a form of inhumane forced to be in this situation. punishment and torture. I think that most of the C/Os The banging noises and that work in this RHU in screaming voices often seem particular are sick individuals unbearable. Sometimes the that get off on torturing us. toilet flushing sound even The administration is becomes unbearable as well. obviously indifferent and Also, I sometimes get very could care less about the long claustrophobic and feel like I term affects that this type of am having a panic attack. My confinement has on us as heart beats very fast, I sweat human beings. Obviously we and have shortness of breath. are not human beings to them, we are merely a I do not feel that the prison number. Most of the inmates administration was justified in in solitary confinement need placing me in the RHU. I was mental help but are not placed back here for what I receiving it. perceive to be relatively minor infractions both times. Also, If they were to use solitary the hearing examiner is confinement in prisons, it completely biased when it should be limited to extreme comes to his findings. cases where it is a last resort. According to him, a C/O or As it stands now it is a first

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resort. Inmates can come to for meals and kicks doors RHU for something as petty as calling inmates child sleeping through count. It’s molesters, rapists, snitches, totally ridiculous. My first time etc. back here was for using a -C/O Wilk. He prevents people curse word (“abusive from utilizing the grievance language”)… drop box, also uses sexual slurs often telling inmates to Lastly, there are so many “suck my dick”, etc. guards and staff who -C/O Matello. He often burns perpetrate human rights inmates for meals etc. violations, it would be -C/O Elmore. He threatens impossible to name all, but I inmates with violence and will try my best to list as many uses derogatory terms etc. as I can. Some spellings may be incorrect. …I have also been denied access to the grievance “drop -Hearing Examiner McKeown. box” that we are supposed to The hearing examiner is the be able to utilize on the way #1 perpetrator. He is totally to showers. This box is the bias[ed] against inmates and only way we can be sure that he has way too much power RHU officers can’t tamper with and discretion when it comes or read our grievances. to sanctioning inmates. He should be investigated and Lastly, I want to address the fired. fact that I for one have seen -Lt. Bleich. He calls people C/Os spit in people’s food. I “niggers and spics” and tells am not aware of the officer’s people to kill themselves. name to identify him. Some -Lt. Mosier. He basically allows C/Os don’t even wear name all of this to occur and also tags. I believe this is on engages in racial slurs. purpose, so we can’t identify -Sgt. Ontko. He spits in them.” inmates trays and burns inmates for rec and showers Walberto Maldonando (FN-3537) also often. Also racial slurs. wrote to us about conditions in the -Sgt. Ransom. He also uses SCI Dallas solitary confinement units racial slurs and tells inmates on 9/17/09: to hang themselves with a sheet. “The cells are terrible. You -C/O Wisinski. Tells inmates to can’t hardly breathe, ain’t no “suck his dick” and calls us type of circulations, the bed “faggots”, also burns us for have no pillow, the doors are yard, shower, etc. cover-up with a plastic -C/O Bath. He burns inmates glass…The only time I was let

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out was for yard, but most of wake up shaking where I can’t the [time] they would not let control my nerve. I be me out, they would lie and say hallucinating that everybody that I did not sign up, so I had that I look at always laughing to stay in my cell all day, they at me and I’m always would not take me to medical hallucinating that every when I sign up. I was not officers I see is wearing a shirt allow to communicate with no that said ‘kill yourself.’” one outside of this prison and when I try to send my family a Shawn Sharp (BQ-8429) elaborates letter they would not receive it on the intimidation that Mr. and when I was put on Maldonado and several others touch administrative custody I would upon. He wrote in an undated letter, ask for a phone call because “I personally heard the Sgt. of the you’re allow one phone call a RHU tell an inmate that they were week when you’re in AC. going to grind him up until he killed When I ask they would deny it himself. This is a mental health talking about I don’t deserve inmate! What is worse is that this anything because I’m a piece stuff goes on with the sanction of of shit…I hear all type of the supervisory staff of this prison.” noises, people crying, people Such intimidation is thought to be screaming and yelling all day what killed Matthew Bullock and and night. My ability to focus what threatens to kill many of the is not the same anymore. It other mentally unstable inmates as seem like every time I try to well. think or focus all I think about is everything that go on in the Solitary confinement can cause solitary confinement… Yes I lethargy, as observed in the try to hurt myself because the testimonies above. Another officers will always tell me to common and predictable kill myself, calling me all type psychological by-product is anger. of names and encouraging me Obviously, this is not an ideal to do so because they say the emotional problem to have in world would be a better place prison. Carrington-Alan Keys (EF- without me and it came to 4010) wrote on 8/20/09: point where I started believing them. I can’t sleep at night “My ability to focus has been because I’m always thinking severely hindered. I have short that the officers were going to term memory as a result of come in my cell and attack long term isolation, my me. I’m always having dreams attention span has been whenever I get a chance to hindered. I was not able to sleep. I’ve dreams about the watch TV, read newspapers, or officers trying to kills me or magazines. I was not allowed trying to poison my food. I to hear radio and I was denied

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all contact to the outside from having no outlet for world for years at a time. This years upon years and feeling caused me to have a short trapped, oppressed, attention span and short term suppressed and depressed, memory loss, blackouts in the subject to constant racial middle of a conversation my slurs, inadequate food mind goes blank. No portions, deprived of yard, exaggeration… shower and all human contact for months at a time. I have While in solitary confinement I short term memory lost, and I lost control over my daydream most of the day. I’m psychological and verbal shell shocked, and I have reactions causing me to act trouble communicating in out in ways that hurt myself. large groups, because I’m While being in a state of used to being confined by temporary insanity from the myself. I cannot be in a cell long term continuing with another man due to my deprivation. sudden outbursts and blackouts, violent mood I daydreamed so much while swings, and post traumatic in solitary confinement that stress syndrome. I often roam when I was finally returned to by myself because not too population I walk around many others understand the spaced out much of the day, after effects of long term unable to focus my mind on isolation. goals due to the lack of being able to focus without drifting I do not believe that inmates off into a far away thought. should be denied magazines, newspapers, television and or My thinking became altered radio, because this gives them while in solitary confinement, a lost of touch with reality and accelerated heartbeat, chest causes a abnormal psychosis. pains, paranoia, panic attacks, If the same treatment were post traumatic stress, and a given to dogs, the animal feeling that all the state rights people would have a officers were against me . . . fit.”

An anonymous prisoner adds: Finally, Walberto Maldonado FN3537) wrote on 9/17/09 about Solitary confinement has the inevitability of re-offending once altered my psychological a prisoner is released from solitary [health] by making me confinement. In his words, “[Solitary uncontrollably angry, and confinement] should be abolished, more violent than when I because it has become a chamber of entered solitary confinement, cruel and unusual punishment all

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over, a torture camp so to speak… It medical attention for. At times this resemble a cattle ranch where infection does flare up and I receive people are tortured to death then irritation and bumps.” Joseph released back to society without a Schloder (GX-8481) wrote on chance in the world due to being 7/14/09, treated like animals. It’s inevitable for people to return back. It’s more “Since I have been at Dallas I money in their pockets.” Maldonado have been concerned about also wrote, “I hope my answers [to the drinking water here. The the solitary questionnaire] can help water here is discolored all the in the pursuit of your set goal of time. What I mean is it comes trying to terminate the out rusty. I brought the concentration camps they call RHU.” attention to medical staff, and As Roberto Rivera (AS-2743) wrote they brushed me off about the on 10/12/09, “I was confined in the problem… The water is so RHU for my mental problem, and I discolored that you can for can tell you that the RHU of SCI- instance put a brand new Dallas is Hell.” white rag where water comes out and you will see a rust Environmental Conditions: Water stain; it actually will make to Waste stains in your whites… when I am done showering I will see Most if not all of the unsafe sanitary what it looks like is rust stains conditions can be traced to on my boxer shorts… it is not overcrowding. With far more inmates normal to drink discolored than jails were designed for, the water…” sewage and water systems are strained, leading to health and Schloder added on 8/19/09 that safety problems. One of the most “this water has been discolored for common complaints the Human years. People put grievances in Rights Coalition receives from SCI- about the water for years now, still Dallas is that the water is brown in nothing happen, nobody took color, dangerous to drink, and a action. And the water is discolored cause of skin irritation. Devin all throughout the jail.” Victor Alexander wrote on 8/17/09 that he Yarbrough (GQ-4316), on 8/24/09, was forced throughout his period of wrote, “The water here is constantly incarceration to drink brown water brown, dark brown, and it’s not safe that stained white cloth and put him to use or drink. The water is like this (and other inmates) at risk of illness. throughout the facility. My skin gets Raymond Caliman (AY-7131) wrote irritated and itches all the time and on 9/17/09, “At times the water the water gives me really bad pains comes out of the sink (basin) brown, in my stomach and through my body as if it were tea. Also I have every time I drink it.” And Jason received a skin infection from the Stine (HT-1582) wrote on 7/16/09, shower which I had to receive “The water up here [in RHU] is

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brown, they don’t care.” accessible sink. I must eat in this manner.” Anthony Kelly (GX-0834) wrote to HRC on 11/4/09 with a harrowing Air quality is another common story of inadequate water supply. complaint. Abdus-Shahid Ali wrote “From 10/14/09-10/24/09 I was on 8/20/09 that the fans serve only denied water for my cell. All to blow around the dusty air, not to plumbing for my cell was shut off. I provide relief from the extreme heat had to wash up with the water that brought upon by the spit guards. was in my toilet and drink the water When the inmate already suffers that was in my toilet. I was forced from asthma and breathing to urinate and defecate then let it sit problems, lack of circulation can in my toilet for 3 to 5 days. lead to serious health problems. Numerous days at a time I was Thomas Nicholson is one such forced to sleep with that in my inmate. He wrote in a grievance toilet.” dated 7/5/09:

Jim Lippart (CQ-2549) wrote on “I am in the RHU and I have 10/17/09 about the unsanitary asthma. I am having problems conditions that arise from non- with breathing, and the reason handicap-accessible conditions: being is because there is a shield blocking any air that is “I am Mr. Jim Lippart, ADA able to make its way in my qualified handicap inmate. On cell. Now I understand that it’s Sept. 28, 2009 transferred for people who spit, but I have from a fully handicap never spit on anyone. So I am accessible facility Mahanoy to asking that this shield be Dallas facility on a fully taken down. I am a asthmatic handicap accessible transport person who is having vehicle… RHU in Dallas is non- problems breathing.” handicap accessible with no handicap accessible cells so Similarly, Walberto Maldonado (FN- Dallas staff provided 3537) wrote on 9/17/09, “You can’t placement in the Dallas facility hardly breathe, ain’t no type of hospital on RHU status… in circulations, the bed have no pillow, RHU I can’t have containers. the doors are cover-up with a plastic So they took my urinal and glass… The lights are on 24 hours a bedpan. I am urinating and day not letting me sleep at all. It’s defecating all over myself, come to a point now where my eyes bed, floor, etc. due to staff’s hurt all the time and I get actions. They have no headaches. I never use to get any handicap shower for me type of headaches.” Eric Rambert either… I have urine/feces on (AM-9223) had the same concerns my hands, which I am unable on 7/7/09, when he wrote, to wash due to non-handicap

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“I am writing this complaint and also said there has been a due to the serious hazard and high rate of inmates dying safety code violation to my from cancer who didn’t even health and similar situated smoke.” prisoners. We are currently in SCI Dallas RHU under 24 hours Gregory McCrae (DP-2860) wrote on a day lights with a spit 9/12/09 that he had been moved to shield/plexiglass on our cell the hole after an altercation with doors with no ventilation from C/O Salsmon and was placed in #50 the vent that doesn’t blow any K/A, where Bullock had been held air out nor such any stale air prior to being moved out of camera in, if its 90 degrees outside its sight on the day of his suicide. 120 in the cells, the light draw McCrae reports that “I’m now being heat because its constantly on housed in the Restricted Housing 24 hours, we can’t turn it off Unit (RHU), where I’m being denied because they are controlled by food and water. I’m also being guards.” housed in a cell that can be the equivalent to a dungeon, #50 K/A Another potentially deadly air block. It’s suppose to be an pollutant is asbestos. David Crews observation cell, but water pours (DC-0924) wrote to HRC on 6/2/09 through the ceiling as if I’m under a and included a sample of material sewer line.” If the water that is that was alleged to be asbestos. He seeping through the ceiling in his notes that there is: cell is indeed sewage, it represents a huge potential health hazard. On the “the possibility of inmates subject of sewage, Alex Melendez including myself here in the (EX-5417) wrote on 9/10/09 that RHU at SCI Dallas being “the sewage system is from primitive exposed to asbestos that is times, the water we drink is often known to cause or that is the dirty. The showers are germ cause of mesothelioma incubators for staph infection, cancer. There is a high level of fungus, and so on.” Similarly, Gary dust in the air and in these Green (AS-2652) wrote on 6/28/09: cells. The cells stay dusty even after you clean them the “I been here at SCI Dallas for dust comes back within 20 years. During my 20 years minutes. As you may know I at this Institution it’s gotten just was transferred to SCI worse. The water is rust Dallas in March 2009 but (reddish brown), the showers other inmates who have been are overcrowded, which is due here reported cases where to the increasing population, several blocks except J block and out of 28 shower heads, and K block which is the RHU probably 22 of them work. have been evacuated because The drainage is always of the high level of asbestos clogged. The waste from the

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cell next to you comes in your several days at a time… There toilet. Poor ventilation in the are also long waits for medical cells especially in the RHU – services. Men wait for 3 they have a glass covering the months or more for medical doors… All the cells are procedures, and up to 6 inadequate and far below ACA months for glasses, and the [American Correctional same goes for dental Association] standards.” procedures. The building structures were not designed H. Lewis Jefferis (AF-9517) summed and built for double capacity. up the issues of overcrowding There are many cracks in succinctly on 6/27/09: concrete and bricks throughout… Vocational, “SCI-Dallas recently added c. education, drug and alcohol, 150 beds by installing these and other rehabilitative beds in cells that already had programs are over-burdened, one bed, and this, even hindering the rehabilitation though the prison is already process, creating higher well over capacity… Many of recidivism rates.” the men being affected by this double-celling are aging men Overcrowding is the root cause of with health problems, most many of the situational abuses with 30+ years served. Some detailed above. Now that are this country’s war vets. overcrowding is being recognized as The cells are small (c. 6’ by 9’) a harbinger of cruel and unusual and do not meet space punishment, it must be addressed standards for two men set by by implementing sentencing policy the American Correctional reforms and introducing safe, Association. Their size does effective, and cost-wise alternatives not even meet size to incarceration. Doing so will requirements for dogs in PA ensure that those who do get sent to kennels. Both men can’t even prison do not suffer such egregious be out of bed at the same abuses of their constitutional rights. time and have room to move… The water and sewer system is Medical Neglect inadequate for this population. Frequently The PA DOC does not permit throughout the year there are prisoners to access their own water problems when men go medical records and efforts to without water to flush toilets secure documentation of medical for periods of 36 hours and and psychological diagnoses and more…They also often have to histories are often refused without go without showers and hot cause and are prohibitively meals (no steam), because the expensive when granted. All of water has been shut off for these restrictions on access to

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information create substantial sleep on and in the nude with obstacles for human rights just a make-shift robe and organizations, citizen and media blanket and the room is watchdog groups, and families of disgusting. I’m sure that if you the incarcerated from being able to see this room you will agree verify reports of medical neglect that it’s inhumane just as the such as those below. Thus, because psychological cruel and of the various restrictions, it is very unusual punishment I am hard to verify wrongful deaths. The enduring at the present time.” quotes below are simply some of the stories we get. But not all medical neglect is due to overcrowding; some inmates write Some cases of medical neglect can to HRC with medical problems that be traced to the problems of continue to go untreated due to overcrowding outlined in the negligence. One prisoner wrote, “I previous section. Alex Melendez (EX- also need medical treatment for 5417) wrote on 9/10/09, “They only HCV, Prostate and Inguinal Hernia got one psychiatrist for over 2000 which causes pain.” It seems that people.” And it is probably because often, when inmates report pain or a of overcrowding that several suspected medical problem, they are mentally ill inmates’ Z-codes were not treated for various reasons. Such taken away, because there is not was the case with Duane enough space to keep Z-code Bartholomew Peters, who wrote on inmates in separate cells. Thus 6/8/09 that he signed up for a sick Fernando Camilo lost his Z-code call. He says, status after twenty years. As he wrote on 7/2/09, “[Medical personnel] came to my cell door and blamed me “I was assigned a z-code, for causing trouble and then which is a status to remain in said I was talking to him fine a single occupancy cell. Now, so he does not see no almost twenty years later, they symptoms of any illness… The (prison staff) disregarding my medical staff have a scam prior problems and difficulties system going on here that if with a cell-mate, removed my you sign up for sick call they z-code and later ordered me blame you for having a to share a cell. This was and problem with the guards, and still is devastating to me and walk away from your cell like so, on the day prison officials it’s a joke and take your ordered me to leave my single money29 – denying you even cell, I attempted suicide. Prison officials still punished 29 This is in reference to PA DOC policy DC- me by putting me in a so- ADM 820 “Co-Payment for Medical Services,” called “observation room” with which requires a $5 charge to a prisoner who no bed, but a hard stump to requests any “non-emergency” medical attention and some emergency procedures in certain

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an opportunity to even be “The DOC, through their heard.” inaction, is basically taking my right eye from me for no other Similarly, Walberto Maldonado (FN- reason but to save a dollar. I 3537) adds on 9/17/09, “They did nothing wrong. I am 54 would not take me to medical when I years of age and my eye sign up.” Another inmate speaking simply developed a cataract. I on condition of anonymity (for fear am being punished by them of retribution) wrote in early 2009, “I taking my eye away from me. am contacting you from solitary Now my other eye has to do confinement. I am 65-plus years of the work of two eyes, I have age, and I am in failing health… I am no depth perception, and also… being denied access to bright lights cause me pain. I specialists for several different don’t even enjoy reading serious health problems, including a anymore. A pastime I have heart attack. I am currently being enjoyed over the years being charged unwarranted medical co-pay incarcerated.” fees.” And he adds, “Notwithstanding the Ronald Collazo (AM-8569) was fact that my left eye is not ‘normal,’ diagnosed with cataracts in April any policy that would allow for a 2008, one in his right eye and human being to lose his sight to another one starting in his left eye. save money can only be said to be Outside referrals recommended inhumane and would amount to removal of the cataract in the right cruel and unusual punishment.” eye, but the DOC has turned down the operation because it is an Jason Milisits’ case is so bad that he “elective surgery.” The DOC has a could not write to tell us about it. “one good eye” policy, whereby an Instead, William Davidson (EG-0745) inmate is allowed to go blind in one wrote about his case on 8/28/09, eye provided the other eye is and explained, “I am writing this functional. Thanks to this policy letter on behalf of my friend Jason Collazo is going blind, as in fact Milisits. Jason has a severe case of both of his eyes have problems, the shingles that he contracted from though the DOC ignores that he has a chicken pox outbreak in 2006. To vision troubles in more than one of this date the medical dept. refuses his eyes. On 6/28/09, he wrote, to treat or do a culture for this condition. Recently his condition has gotten worse. Jason is in a lot of pain; he cannot sleep because of his circumstances. This policy contravenes pain.” Principle 24 of the UN Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, which declares Susano Pagan’s case is another that that “medical care and treatment shall be was so bad, the inmate could not provided whenever necessary” and that this care write to HRC himself. Alex Melendez “shall be provided free of charge.”

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(EX-5417) wrote for him on 9/10/09, Pagan’s case illustrates the causal “I am writing you in behalf of link between overcrowding and Susano Pagan AM-7039… Sir, medical neglect. Although the Susano was hospitalized for 2 specifics of Mr. Pagan’s situation weeks then he was led back cannot be discerned without access out to population. I arranged to comprehensive medical records, to see him in the yard a day we have received additional reports after. He wasn’t looking good. of prisoners throughout the PA DOC We had agreed to meet the having their medically-mandated next morning in the yard so single-cell status terminated despite he could give me all his family no alteration in the condition info so that I could help him originally prompting such a put a letter together for you. I classification. went to meet him the following morning, and I Susano contacted HRC/Fed Up! in found out by someone in his early November about his unit that, for 6:20AM count deteriorating condition. Mr. Pagan the CO found him in the cell had been given less than 6 months unconscious and to live and wanted to seek unresponsive…someone said compassionate release or that a guard had said that he commutation so he could be with his passed away. I don’t know family in New York or Puerto Rico. how true that is, I’m worry, We contacted the prison and his Susano is like a uncle figure to family in Puerto Rico in an attempt me, always gave me good to offer support, but it was too late. advice so when I make parole I Susano Pagan died on November 20, don’t come back… This 2009. medical system here is corrupted. Just last week a Mr. Pagan and Matthew Bullock are guy had a stroke in the gym. It not the only instances of deaths took the medical staff ½ hour reported to HRC/Fed Up! during the to walk from the infirmary course of our investigation. Roberto which is only a half a hallway C. Rivera (AS-2743) on 9/11/09 away to help him, this man wrote indirectly of Bullock and died in front of everyone who another wrongful death that took was in the gym. Susano had place in the gym, most likely the health issues but his same one that Melendez mentions in depression status is really his letter on Pagan: what was deteriorating his health… Susano was in a “People beginning to die in single cell for 28 years… the here because of neglect on administration put pressure the part of the staff. A man on [the new psychiatrist] to just died in the gym area here clear people for double cell…” and it took a nurse 23

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minutes just to get the man PA DOC list of inmate deaths out of the gym area. No CPR actually lists 13 who had died at SCI was administered by staff and Dallas in 2009.31 people just stood by watching the man die while they took Some medical problems stem from their good old time about the conditions of the RHU, where even moving him. constant light can lead to psychological problems, headaches, About a month ago, another dizziness, and anger. As Andre inmate who was supposed to Williams (GF-5169) wrote on be under observation in a hard 9/13/09, “These people are hurting cell on camera on suicide me with my psychological problems watch status did kill himself. and with my meds. I’m stuck in the This man was to be under RHU. This light is triggering my psychological treatment…” psychological problems.”

Problems with medications deserve Recent reports have indicated that a special mention, three cases in number of prisoners have died as particular. First, Eric Rambert (AM- the result of negligent medical care. 9223) wrote on 9/12/09 that his Multiple prisoner reports regarding insomnia had not abated: the death of Howard Kelley, a 25 year-old lifer from Pittsburgh, claim “As far as my sleep that he had been seeking medical deprivation situation, no, Dr. attention for days for flu-like Jesse who administered symptoms. Some of these reports Benadryl to regulate my sleep speculated that his death may have due to my not being able to been caused by H1N1 (aka “swine” sleep because of the 24 hour flu), and that others have died under day of constant illumination similar circumstances. The coroner having lights on in the cell, I informed the local newspaper that received 3 misconducts for an investigation into Mr. Kelley’s covering them so I could get death determined that H1N1 was in some sleep because Dr. Jesse fact the cause of death.30 only gave me a week’s worth of sleep meds and to this day Another prisoner reporting on never examined me to condition of anonymity claims that determine [if] any further five prisoners died in the last week, treatment [was] needed… no after many more deaths in the I’m still not getting much preceding weeks. He continues: “I sleep if any, I’m still suffering stopped counting at 14, I don’t even the headaches and vision know the count now!” The official impairment and Dr. Jesse

30 “Inmate died from swine flu,” Steve 31 Pennsylvania Department of Corrections Mocarsky, Wilkes Barre Times Leader, January Inmate Deaths System data, obtained via PA 8, 2010. Right to Know request; on file.

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refuses to even acknowledge a my parental rights. My life is request slip.” over. At the same time they disrespecting me with my Rambert is not alone in his problems psychological illness. I never with medication. Andre Williams (GF- been through so much torture 5169), in the same letter from in my life.” 9/13/09 quoted above, told HRC the following story: Finally, Eliot Lopez (HL-6561) wrote on 9/25/09 about how he had “On 2/12/08 [the urine test] received the wrong injection, and came back positive for because of this mistake, suffered amphetamines from a pill intense internal pain. called Zantac, which has Ranitidine. They lock me up in “On 9-9-09 between the hours the RHU for 17 days then they of 3:30-4:00pm, while the let me out. The PA who institution (SCI Dallas) was prescribed this medication under a “Lock Down Situation”, was PA O’Brien but his boss is health care providers were Dr. Bohinski. He lied and told assigned the task of going to the guards that I wasn’t on each block to administer vital any medication that would medications to inmates. Ms. give me a positive urine. And I Irene Benzdziecki, was was. PA O’Brien showed me a assigned to O-Blk. Since I am piece of paper that shows all a diabetic Ms. Benzdziecki was the medications that would to provide/administer my result in a positive urine and insulin shot to help maintain Dr. Bohinski never gave it to my diabetes. On the above the officers of shift listed date and time, Ms. commander. So every month Benzdziecki administered by until they got it straight I was way of injection the wrong getting a misconduct report medicine into my body. At the about this matter. On 2/22/08 time of this incident I was I saw parole and they asked unaware of any change to my me what’s going on, and I medical status that would explained to them, because I allow Ms. Benzdziecki to inject was still in the RHU. They me with anything other than didn’t care about what I was insulin. The full effects of this saying so they gave me a 21 act is unknown to me at this month hit behind all this that time, the night of this incident this man Dr. Bohinski put me I was place in the hospital due through… Even though I got to severe shakes and intense found not guilty of all charges internal pain that I could not they didn’t care. So this Dr. describe. But my reaction to Bohinski ruined my life. Now this medication was so serious my daughter’s mom is taking that I was removed from my

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housing area and placed in 2008 and April 28, 2009 have been the hospital while the entire decided in favor of the inmate33, institution was in lockdown which is statistically improbable, and mode. While in the hospital I the PLRA discourages rape and was informed that Ms. sexual abuse victims from seeking Benzdziecki had not given me remedy from the courts, as cases insulin and that I had been claiming sexual assault have been injected with Pegylated thrown out under the provision in Interferon. . . . On 9-10-09 Dr. the PLRA that requires prisoners to Bohinski informed me that I demonstrate that s/he has suffered was in fact feeling the effects a physical injury in order to have a of the Peg-Intron shot. Then valid claim.34 (see section 3.5.1 for released me without further discussion of the PLRA) conducting any type of test.” Thomas Barndt (CT7510) told HRC Retaliation on 7/29/09 that the guards work together to retaliate against a Retaliation is forbidden by DOC prisoner. After Mr. Barndt had filed a policy32, yet HRC/Fed Up! receives lawsuit against one guard’s friend, frequent reports that guards take the guard did not tell him that he action against prisoners who use had a visitor. Mr. Barndt explains: staff request forms or the grievance “my family had to wait an hour in system in good faith. the visiting room before a different guard finally told me that I had a The Prison Litigation Reform Act visit.” Fernando Camilo says the fear (PLRA) of 1995, which was supposed of retaliation is enough to keep to limit unwarranted prisoner prisoners from expressing their lawsuits by forcing inmates to grievances. On 7/2/09, he wrote, exhaust all internal remedies before “There are men here (prisoners) that filing a lawsuit, has served instead have been and are going through to restrict prisoners’ rights to access similar circumstances whom like the court. However, it is now clear myself fear retaliation and that’s that the PLRA has only hurt the why most of us don’t complain.” grievance system by creating Similarly, Wilson Booker (AF-7672) incentive for prison personnel to wrote on 9/12/09 that “There’s obstruct the grievance system in many inmates here at SCI Dallas that order to have inmate claims been a part of being violated, but dismissed on procedural grounds. many of them fear to speak because Less than 2% of grievances filed in of retaliation or transfer, or the PA DOC between January 1,

33 Inmate Grievance Tracking System Summary 32 DOC Policy DC-ADM 804, Inmate Grievance Totals, official PA DOC figures, obtained via a System, Section 6(A)(12) states that “[n]o Right to Know Request. inmate shall be punished, retaliated against, or 34 No Equal Justice: The Prison Litigation otherwise harmed for good faith use of this Reform Act in the United States, Human Rights grievance system.” Watch, May 2009.

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misconducts.” Thomas Nicholson no[t] going to see my family told HRC on 7/5/09 that he was for a very long time. And he accused of being uncooperative, said trust me I have did it because he did not know who had before, and I can do it again.” thrown an object at his neck during a fight between several other Not only the guards within each inmates. He was placed in prison, but also guards in other Administrative Custody in the RHU: prisons in Pennsylvania’s DOC seem to work together to retaliate against “I wasn’t involved in what was individuals who report abuse. Thus, going on and whatever hit me transferring an inmate from one SCI on my neck caused it to bleed to another does not eliminate the which is why the officer locked risk of retaliation for speaking out me up. I had nothing to do against abuse. One individual who with any of that. I wasn’t spoke out about SCI Dallas was assaulted so I cannot tell what transferred to SCI Fayette where the I don’t know. On 7/23/09 I guards retaliated against him. seen PRC and Deputy Mooney Another inmate wrote to us on started saying about I’m not 7/1/09 about this case, but wrote telling him everything that I on condition of anonymity, for fear should ask inmate Sanchez of being on the receiving end of how he feels about retaliation himself: uncooperative inmates that he’ll keep me locked in the “On several occasions prison RHU for a long time. I found guards have come to Mr. out that Sanchez is a inmate Singleton’s cell and asked who came from another prison him, ‘you ain’t hang it up yet? for a separation from inmates Just go and kill yourself. If you who alleged to cut him with a need some help or a rope to razor and because he won’t put around your neck, that give them up he’s been would end all your problem illegally and unlawfully nigger!’ I spoke with Mr. detained in the hole for 18 Singleton who has explained months… Plus they are going to me that he thinks about to transfer me all the way out killing himself because he can western Pennsylvania so that I not sleep due to would not be able to see my inmates…who bang their family. Because they ask me toilets and doors all night long how old were my Mom and so loudly that noise is Dad. Not understanding the stressing him out, and the fact question really, I told them that he was housed on this that they were getting old. So block in the past and Lieutenant Miller told me that witnessed another inmate kill if I didn’t tell those more of himself, and as a result it has what they need to know I am caused him mental torment

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and trauma which is extremely refused to let him be treated for shocking to his mental state sever chest pains. and every time he falls the sleep he is haunted by the act “I am recovering from serious of witnessing… Furthermore, back pains and chest and one officer told Mr. Singleton heart pains and an attempt on that we know about the full my life by one SGT. Buck in investigation that was retaliation for me filing a launched against the officials lawsuit against him and his at Dallas S.C.I. However we wife who both work here at will make sure that this time SCI Dallas because he was you never get to testify ever obtaining my mail from his again against Correctional wife who used to work in the Staff and we’re going to finish mail room, then he would off what [we] started… You come on the tier with my will not get that chance personal and legal mail, read against because we’re going it out loud to the tier as the to do it the Green County ‘daily report from Peter’ and Prison, the way it should have then tear it up in front of my been done before!” cell door and leave the confetti on the range as an Israel Torres wrote on 4/14/09 with intimidation tactic. In his a similar story of retaliation latest attack he and his guards following an inmate around the deliberately refused me DOC. Before being transferred to SCI medical attention when I Dallas, Torres had filed grievances asked them to call medical against staff at SCI Somerset. Torres because my back and ribs explains: “I arrived to S.C.I. Dallas on were pressing in on my lungs 3-31-09. On 4-1-09 I was set up and making it hard for me to accused of threatening staff. I DID breathe causing me severe NOT DO IT!... I really feel that I am chest pains, to cover up the being retaliated on. Because of this fact that they told the nurse misconduct, my chances of going who came to the RHU to leave home is zero!... Because of this I can me unattended, their C.O. not complete any of my prescriptive Corbett issued a fabricated programs, trades or any other misconduct that (although I rehabilitative programs.” was paralyzed in the cell by the pain) I was kicking the Duane Bartholomew Peters wrote on door and he told me to stop! 6/8/09 about how medical neglect An event which never took can be used as a retaliation tactic. In place which never transpired retaliation for filing a lawsuit against not even on their cameras, Sgt. Buck and his wife, both of and which . . . Mr. Eric whom work at SCI Dallas, Sgt. Buck Rambert can verify, because tampered with Peters’ mail and as my neighbor, he was the

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one who called ‘man down’ for superintendent knows that I have an me.” appeal on Habeas Corpus against him. However he allowed his officers Duane Peter wrote in an undated to steal my copies of the court letter from 2009 that guards have record as contraband… I’m being stolen mail and money in retaliation punished for my legal filings.” Keys for trying to file a suit. In addition, also wrote on 10/14/09 about how they have kept him from visiting the inmates are punished for contacting law library, thus obstructing his HRC. In an affidavit, he states: right to access the courts. “That on the date of 10-14-09 “On 5/22/07, the Security upon returning from yard, I searched my cell (only my box was approached by Officer of papers) and took, Angelove who stated to me, specifically, my evidence in ‘You shouldn’t be filing support of my claim of fraud complaints with Human Rights and structural alteration of the Coalition. I advise you to court’s docket in my case, my mind your business because it criminal complaints and my is only making you a target defaults. . . . The RHU Sgt’s and that there are some make sure I do not get into serious allegations being the law library by throwing made that is going to cause away my request slips or you trouble if you don’t sign refusing to let me use the law off on your complaints.’ Upon library. Lately the guards in returning from shower I was the RHU have taken to giving handcuffed by Officer Elmore my mail to inmates on the who pushed me up against the bottom tier instead of giving it wall and began punching me to me. I am being forced to about the arms, sides and stay at an indigent status, and ribs. Officer Elmore stated: my regular money orders sent ‘You better sign off on that to me by my family is either prison investigation with being returned or not Human Rights Coalition or recorded. Currently I have at next time I’m going to punch least 2 $500 money orders your teeth down your throat.’” which cannot be accounted for, and my family have the Isaac Sanchez on 3/19/09 confirmed receipts and the Western that when inmates reach out to the Union claims the jail received HRC, they risk retaliation from the the money.” staff. Sanchez writes, “Exactly a day after I have received your offices Carrington Keys (EF-4010) is another letter I received a write up for no inmate who is being punished for apparent reason.” And on 8/7/09 he attempting to pursue legal redress. wrote, “the law library is not sending As he wrote on 7/13/09, “The anything back to me. In fact they

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stated that they are not even receiving any of my paperwork… “On 9/30/07 while at SCI-Coal what I’m hearing is that this facility Township I was attacked from is trying to put a stop to your behind by unknown incoming and outgoing mail because assailant(s) in which I was cut they feel that you are a threat that on my face and back… since can lead this jail to a total being here [in Dallas] I’ve destruction.” been held in Administrative Custody [because] Deputy Isaac Sanchez (GY-8440) wrote again Mooney, Capt. Zakaraukis and on 10/22/09 with a similar story: the Program Review Committee staff and Michael “The other day I was D. Klopotosky [refuse] to threatened that if I didn’t stop release me based on my not writing HRC that they were being able to identify my going to set me up with assailant(s) from the SCI-Coal frivolous misconducts and Township incident. NOTE: start throwing my mail away. Deputy Mooney was also the Which they did... I mean for Deputy at SCI-Coal Township example they stopped feeding when the attack happened. He me and even when they do has stated on numerous feed me they poke holes in my occasions that until I identify sandwiches and they spit and those assailant(s) that I will piss on it. Also, they have remain in his RHU even if they assaulted me numerous times have to max me out 2014. He as well which is all on said until then I will never be camera… I have been placed allowed to hold my 2 small on all type of restrictions for children. I’ve been in this RHU falsified accusations and my 11 months in RETALIATION for mail isn’t coming to me my not being able to identify because they are throwing it who attacked me… I’m being away… My water/toilet is denied my required never on, and I’m not even prescriptive programs so that I allowed to take a shower or can make parole and have even have my hours of rec.” been told until I identify someone I will remain in the Sanchez had suffered an attack at RHU… I don’t know who SCI Coal Township, where he was attacked me from behind.” held before being transferred to Dallas. The attack came from behind And later, on 9/14/09, Sanchez and he did not see his assailant. Yet wrote to tell HRC about an assault until he fabricates names, as he that took place in August, not long wrote in his letter on 1/25/09, he after Matthew Bullock’s death. The will be held in RHU in retaliation for assault was retaliation for filing not cooperating, according to staff: grievances. As he wrote:

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personal incoming and outgoing is “I have been assaulted by a CO suppressed.” The retaliation can also named Elmore on the date of come in the form of a death threat, 8/27/09 around shower time. as happed to Eric Rambert (AM- I was dragged all the way up 9223), who wrote to HRC on the tear and smacked while 8/13/09 about the retaliation he inside the shower by officer received after filing a criminal Elmore. This is all on camera complaint. Rambert says that C/O and I have witnesses that McCoy told him, “Okay would like to make themselves motherfucker, game on. I can kill known… This officer has you and won’t nobody care because threatened me in various you ain’t nothing but a number ways, such as telling me that that’ll be replaced.” Rambert goes he could abuse me and fuck on to state “this is the second time me up every time an opening C/O McCoy threatened to kill me in had occurred. He called me violation of PA.C.S.A. 470235 in names from spic, a disgrace to retaliation under 18 PA C.S.A. his country, etc. This problem 495336 for my filing a criminal started because I wouldn’t complaint.”. sign off on any of the grievances that I have wrote Sometimes prison staff warn up against his boss Deputy prisoners against filing grievances Vincent Mooney…this same as an intimidation tactic. Shawn officer is being allowed to Sharp (BQ-8429) wrote in an continue his verbal and undated letter: “I myself attempted physical abuse…smacking me to file grievances against a Sergeant and threatening me… We as and when interviewed for the inmates should not have to complaint I was told to withdraw the live with fear and torture. I complaint or I’d be retaliated against mean one painful death by the Sergeant. I refused… I already occurred around me personally saw and heard the behind these acts of Sergeant I originally grieved telling domination. How much more officers to ‘bang’ me.” shall happen before it is too late?”

Retaliation comes in many forms. 35 John Taylor-Bey wrote on 3/11/09 The citation is in reference to a Pennsylvania that “a select few who do not play criminal statute, 4702 “Threats and other nor joke-around, who stand up for improper influence in official and political matters.” See their Basic Human Rights we are http://law.onecle.com/pennsylvania/crimes-and- retaliated against with falsified offenses/00.047.002.000.html. misconducts, deprived of access to 36 18 PA 4953, “Retaliation against witness, law libraries, property, our legal victim or party.” See papers, and our mail both legal and http://law.onecle.com/pennsylvania/crimes-and- offenses/00.049.053.000.html

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Deprivation of food and water is language that it is hard to separate another routine tactic of retaliation racism from the other abuses that in the RHU at SCI Dallas, and HRC go on in SCI Dallas. Dallas, gets frequent complaints about both Pennsylvania has a population of kinds of abuse as well as food 8,179 people, 98.4% of whom are of tampering, when staff place foreign white/Euroamerican ethnicity objects or bodily fluids on food according to figures from the 2000 trays. census.37 Luzerne, County, where Dallas is located, has a population Gregory McCrae (DP-2860), who that is 96.6% white.38 The wrote to us on 9/12/09, reported demography of the prisoner that he had been deprived food for population at SCI Dallas is as an unknown number of days. Staff follows: 33.7% white; 55% black; involved in this food deprivation 10.9% Hispanic; 0.4% other.39 include “C/Os Morelli, Corbett, Pudloski, McCoy, Angelovic, Bath, The prevailing culture of arbitrary Sgt. Buck, Lt. Mosher.” Another long- control and repression within the PA term food deprivation case is that of DOC coupled with the demographic Duane Peter, who wrote on 5/15/09 realities of the prisoner population and said, “the authorized RHU are fertile soil for racism. While only guards [kept] me in my cell for a few examples follow, race is a months on end [with] no shower or dominant factor determining who is exercise yard, and no food trays singled out for placement in solitary during the first shift. This went on for all of the first 2 years (05-07).” 37 U.S. Census Bureau website, Charles Oliver was offered food on http://factfinder.census.gov/servlet/SAFFFacts?_ the condition that he would perform event=ChangeGeoContext&geo_id=06000US42 a sexually explicit act; when he 07918056&_geoContext=01000US%7C04000U refused, he was denied food. As he S42%7C05000US42079&_street=&_county=Da wrote on 4/12/09, “On 3-26-09… llas&_cityTown=Dallas&_state=04000US42&_ C.O. Wilke was passing out the A.M. zip=&_lang=en&_sse=on&ActiveGeoDiv=geoS and on 3-27-09 P.M. meals and said elect&_useEV=&pctxt=fph&pgsl=010&_subme nuId=factsheet_1&ds_name=DEC_2000_SAFF if the complainant wanted to be fed &_ci_nbr=null&qr_name=null®=null%3Anu he would have to perform a sexually ll&_keyword=&_industry=. explicit act, ie; expose himself, get 38 U.S. Census Bureau website, nude and repeat http://factfinder.census.gov/servlet/SAFFFacts?_ demanding/demeaning comments, event=&geo_id=05000US42079&_geoContext= when I refused… Wilke closed my 01000US%7C04000US42%7C05000US42079& door slot, denied the complainant _street=&_county=Luzerne&_cityTown=Luzern his meal.” e&_state=04000US42&_zip=&_lang=en&_sse= on&ActiveGeoDiv=&_useEV=&pctxt=fph&pgs

l=050&_submenuId=factsheet_1&ds_name=AC Racism: A Systemic Crisis S_2008_3YR_SAFF&_ci_nbr=null&qr_name=n ull®=null%3Anull&_keyword=&_industry=. So many of the letters HRC receives 39 PA DOC Monthly Institutional Profile as of report guards frequent use of racist November 30, 2009, linked from http://www.cor.state.pa.us/.

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confinement or subjected to the stick their dicks in my ass telling the most intense human rights tier I suck dick and all types of other violations, and should therefore be things.” The abuse leveled at Kelly is understood as an underlying factor not unusual in its combination of in both the policies of mass homophobic and racist rhetoric. incarceration that generate overcrowding and the subsequent Physical Assault and Violence violations detailed in this report. Physical abuse, both threatened and Gregory McCrae (DP-2860) reports actual, is a common theme in the on 9/12/09 that CO Salsmon letters HRC receives. The stories referred to him as “darkie,” “nigga,” include incidents of staff-on- “coon,” and “black faggot.” Salsmon prisoner, prisoner-on-prisoner, and also told McCrae in one incident to prisoner-on-staff violence and “get the fuck out of here, you’re threats of violence. going to be late for nigga service.” Wilson Booker wrote on 3/16/09 Juston Boyle (HC-1235) wrote on that as a prisoner in the RHU, he is a 9/13/09 about an incident that took constant witness to racism. “This is place two days earlier in the security a very racist jail, despite [the DOC] office, where there are no cameras. adding diversity to the chain of command. Some things just don’t “On 9-11-09 I was taken up to change… I ask that [the DOC] the security office to talk to transfer me from this very racist jail, the Superintendent Klopotoski where a man’s skin is his sin.” while I was waiting for Mr. Thomas Barndt’s letter from Klopotoski the Security 4/16/08 shows one instance of how Captain Joseph Zakaraukas religious repression and racism can placed a metal bar across my go hand-in-hand. He writes, “I neck saying that if I don’t believe my being transferred had drop my civil suit he will snap something to do with me giving my skinny fucking neck and National Geographic magazines and toss me down the steps saying candy to an old handicapped black I fell cause there is no Muslim… I also gave chess cameras in the security magazines to another Muslim.” offices. And that if I try to report this he will have me Anthony Kelly (GX-0834) on 11/4/09 killed. I am in fear for my life reported to HRC that “Even to this and I want to be seen by the day they continue to verbally abuse police asap… On Monday July me. Calling me nigger, coon, 13, 2009 R.J. Bath and J. monkey, say they’re gonna kill me Matello came to my cell door because of my religion which is the and hit my door saying I am a Nation of Islam. They go into deadman and R.J. Bath made a homosexual verbal abuse telling me gun with his hand and said I have a fat ass and that they would bang-bang and stayed for 5

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minutes making more threats year old boy. Which isn’t true. and sexually harassing me.” The only way the inmates could have even got that No one denies that inmates fight impression was from one of among themselves. Mental health the officers. I was also problems, often exacerbated by informed that after the assault solitary confinement and the officer Macausky stated to generally inhuman conditions in another inmate in a loud voice prison, can lead prisoners to anger that the assault was a management problems. But this necessary evil… I am always does not excuse staff from looking around and behind provoking such fights. Shawn Sharp me. I have a hard time (BQ-8429) notes this problem: “I’ve sleeping at night sometimes seen inmates put into a cell with a and I have dreams of the mentally ill inmate who was assault… Since the assault I’ve supposed to be single cell just so been having headaches and that the other officers could watch sometimes blurred vision…I the 2 inmates fight and take bets. am worried about retaliation This happened on 2 occasions while from the officers and other I was confined in the RHU.” inmates from pursuing this which I have seen many times One inmate speaking on condition since I’ve been here from the of anonymity experienced for officers. I have already been himself the “spectacle sport” of confronted about pressing condoning and watching inmates charges already. Someone fight. Staff told other inmates that stated that what happened to he was a child molester, with full me ‘it is what it is’ and I understanding that this would shouldn’t press charges.” endanger him. Then, after he was attacked, he was warned against One of the worst cases of staff pursuing a complaint. provoking or condoning inmate fights reported to us involved two “When I entered and place my individuals whose names have been boxes on the desk 3 inmates, changed to protect their identity. one being a lifer, entered 30 Murphy assaulted Thompson, a cell and started to assault me mentally ill inmate, so badly that hitting me numerous times in Thompson’s arm was dislocated and the head and about my body he could barely talk. HRC asked with master locks [for] which I Murphy to explain the incident in his received stitches in my head… own words, which he did in a letter my case has nothing to do dated 9/11/09/ with being a child molester/pedophile… they “I did not want to be in the said I raped a 14 year old girl, cell with the dude, he stinks, then they said I raped a 16 his breath stinks, and he does

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things to little kids. Note: I got first inmate (Thompson) a baby kids and I did not want to be rapist and child molester, refused to there. To get me out before I separate the two inmates, and told do something that I will regret the second inmate (Murphy) to kill later did no good. They kept and rape the first one (Thompson). coming by our cell banging on Then they “threatened Thompson if the door yelling at [him] he let Murphy eat anything that they telling me that I should kick will give him more RHU time.” The his ass and not feed him. The guards failed to tour that cell range whole time they were taking one day and “caused inmate Murphy me to yard telling me that if I on April 19, 2009 to torture don’t do this stuff to my celly I Thompson by dislocating his would be buried in the RHU shoulder, pulling his toe nails out not eating, telling they would and pouring salt over it, abrasions do things to me so bad that I and hematomas, right thigh and would want to hang myself tortured his penis by slamming it and all that. I was scared that between a book and the cell desk, if I didn’t do these things that threatened to rape and kill they would be doing them to Thompson and his mother and sister me. So after a while he started while they watched.” The prison getting on my nerves and I “gave Thompson a higher dosage of really wanted out of that cell medication to make him incoherent so I started beating him up, put him back in population and stopped him from eating. I brought him right back to the RHU pulled him out of his bed and for failure to stand for count. The he did not eat for seven days. kid can’t even tell you his name let I was doing this because they alone stand for count… the staff were telling me it could using him [Murphy] as their hired happen to me so figuring weapon to cause the harm that was them telling me that if I did do caused to Thompson.” these crazy things that my hole time would disappear Yet another inmate who wrote to us and I would be alright… about Thompson spoke on condition Things here in Dallas are so of anonymity. He wrote on 6/22/09, bad, not too long ago a dude killed his self here in the “I personally was next door to RHU… I have thought about [Thompson], my previous stay killing myself a whole lot.” in RHU Oct/Nov 2008; guards placed him in with an inmate HRC also heard about the incident they encouraged to take his from Eric Rambert, who wrote on trays and abuse him. The 6/25/09 to say that C/Os who were inmate . . . did not act as they aware of each inmates’ mental suggested. He left the cell health status placed two inmates and the following inmate was together in the RHU. They called the also instructed to abuse

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Thompson. Now I found out hurting they took pictures of this year the same practice his injuries he was black and being repeated resulted in blue even in his private parts. Thompson being raped and They took him to Wilkes tortured in cell terribly. The general hospital. Thompson torture is so unbelievable I spoke to the state police and have a difficult time repeating put a complaint on the other it. Mr. Thompson was/is prisoner.” single cell status and never should’ve been in cell with At the time of writing Thompson’s anyone, especially the known future remains unclear, he is still psychotic person they stuck being given heavy medication him with. Thompson is a very instead of mental health treatment, little man, heavily medicated and the man who assaulted him is to the point of lacking basic still at SCI Dallas. comprehension.” Sexual Violence Finally, Thompson’s mother emailed HRC in July with concerns about her Like Anderson’s case above, sexual son’s safety because “he hears violence is often combined with voices and sees things . . . and it physical violence and many cases makes him really lethargic. The fall under both categories. The correction officers threaten [him] all National Prison Rape Elimination the time and drop his food tray and Commission recently reported that call him a child molester to the other 2.9% of inmates reported sexual inmates to get him attacked.” abuse by staff, and 2% reported rape According to her, Thompson has by fellow inmates. been put on haladol, thorazine, depakene, and other An anonymous letter received on antidepressants. She then wrote, 4/12/09 reported the following:

“Thompson was placed in On 3/20/09 CO Wilkes did another cell in the RHU with grabbed the Complainant by another prisoner. [He] knew his penis and held on to it in a this prisoner and asked him massaging manner asking you are not going to beat me what’s this as if he was up are you? The other searching for something prisoner said no. Well the which took or lasted five other prisoner who is known seconds too long for a search. as a psycho beat [him] up, I pulled away and he then raped him repeatedly and slammed me into the wall and dislocated his shoulder for a was laughing. On 3/26/09 the couple hours I guess suspect CO Wilke was passing Thompson called the guard out the A.M. and on 3/27/09 over that night said he was P.M. meals and said if the

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Complainant wanted to be fed he would have to perform a “Sir, during the earlier part of sexually explicit act i.e. my incarceration, I expose himself, get nude and encountered an incident repeat demanding/demeaning where I was sexually attacked. comments. When I refused the Later, while residing at SCI- suspect Wilke closed my door Pittsburgh there was another slot and denied the sexual attack in which, in this Complainant his meal. He also case a CO, intervened and I slammed the Complainant’s was written-up for fighting. . . hand in the door slot which is . The written report was still swollen and told the believed in favor of the Physician’s Assistant I refuse reporting officer, that there to see her on sick call for my was only a fight. Although, a swollen hand he injured… On psychiatrist and psychologist 4-10-09 suspect Wilkes came determined through their own to work and was passing out investigations for the DOC’s the breakfast meal, stating evaluation that it was more that I the suspect is a fucking than best that I receive a Z- “snitching bitch” and “just wait code status, i.e., single cell motherfucker you put your status, which was due to said foot in your own ass buddy.” attacks, my history of nervous Later during showers the break downs, stress, anxiety, suspect denied his shower and and mental anguish. They yard exercise, this was in recommended me for retaliation for the placement on psychotropic Complainant filing a grievance medications. My condition and against C.O. Wilke the my taking of the psych-meds, suspect… The Complainant have not changed since 1993. later tried speaking to Lt. I have never received nor have Bliche who was making his been informed before arriving rounds, when the suspect at SCI-Dallas that my program begin to yell ‘I Don’t want to code had been changed… Yet, fucking hear it, you getting now I am being told…that I out of control homes, you have never been nor had a Z- better wise up and do it real code status and therefore that fast if you know what’s good I do not have a need to be Z- for you.’” code while housed here at SCI- Dallas… I never received any Charles Stark (BX-4196), in an type of counseling after the undated letter, wrote about the attacks . . . There is no type of aftermath of such sexual abuse, psychological programs or particularly the lack of resources counseling for victims of available for the victim of the sexual attacks, or assaults in assault. the PA.DOC . . . The only

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resolve of my mental anguish the law library, or who have been and physical suffering from involved in cases where evidence the attacks was to be placed disappears or is not allowed to come on Z-code status and psych- to light. meds… The officers and staff of the PA DOC has Shawn Sharp (BQ-8429) told a typical systematically repressed my story in his undated letter: grievances and fabricated misconduct reports against “I myself have attempted to me for seeking help.” file grievances that are issued numbers and never issued an These two cases showcase the initial response to appeal variety of issues associated with from. Documents are falsified sexual assault in prison, both and back dated in the inmate-on-inmate and staff-on- grievance process. You go to inmate, as well as the residual a misconduct hearing and the psychological after-effects. same guard that wrote you up is escorting you to the A final problem is abusive language, hearing, sitting at the table particularly the rhetoric of with the hearing examiner, homophobia that is directed against and practically running the homosexual inmates or those hearing with all of the other perceived to be feminine or weak. RHU officers even though the Like racist speech, such language hearing examiner has an occurs in many other places in this officer assigned to him and report. Two more examples come you are locked in a cage with from Gregory McCrae (DP-2860), handcuffs on over 10 ft. away called a “black faggot” by CO from the hearing examiner. Salsmon (letter dated 9/12/09) and Not to mention that this Anthony Singleton (CW-8923), who person was never called as a says, “Upon arrival here nearly a year witness. All of these things and a half ago, I was told by staff were brought to Supt. that they did not like my kind here. Klopotoski and PRC’s (This referring to my sexual attention. Mr. Klopotoski told orientation and my race.) I was me personally, ‘So what, I’m repeatedly harassed by staff, called not going against my officers faggot and threatened” (letter dated and you can’t prove it!’ So we 3/04/09). are faced with no real means of redress.” Denial of Due Process: Grievances, Misconducts, Legal Property, and Thomas Barndt’s letter (7/29/09) Access to the Courts echoes Sharp’s concerns about the grievance system. He suggests that HRC receives countless letters from the grievance system does not inmates who are denied access to proceed quickly enough for inmates

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to report their grievances effectively. “the officers and staff of the PA DOC “I filed [a grievance] and it was have systematically repressed my signed by Grievance Coordinator, grievances and fabricated Ms. Robin Lucas on June 12, 2009. I misconduct reports against me for still have not received an initial seeking help.” Eric Rambert wrote to response for that.” His story is not HRC about Abdus-Shahid Ali on unique. Duane Bartholomew Peters 7/16/09 with concerns about Ali, wrote on 6/8/2009 about how he who was placed in administrative was denied the opportunity to custody (AC) on prehearing status appeal a grievance denial because based on a falsified misconduct officers refused to take him to the report that was dismissed for failure hearing: to comply with established policy. A new misconduct was not issued for “I am enclosing a copy of my three days, and Mr. Ali was kept in latest grievance concerning AC during that period despite staff the incident I described above having no reason for keeping him which is pending. I don’t there. “Mr. Ali was in the process of expect anything other than a making parole, now he’s in the RHU boilerplate denial, and for 90 days with a possible criminal concerning the write-up – I charge over his head.” was denied a hearing and one of the Officers, Wilk, who is a Anthony Singleton (CW-8923) noted witness on the write-up on 3/4/09 that inmates are left with executed a Hearing refusal few options when abused. In a form stating that I refused to letter to Governor Rendell, he wrote, attend the hearing, which the “As such, we are left with no means RHU officers purposefully of recourse that is anywhere near refused to take me to – meaningful. I can only hope that in whereby according to DOC my documenting this behavior, you policy an inmate cannot file an will take some action to [put] justice appeal [for a] hearing he back in the system rather than refused to attend.” allowing injustice during your governorship.” Later in the letter, Peters says that staff’s response to complaints is, The systematic bias against “when they come along and hear prisoners extends to such things as complaints they tell the person mandated programs, work complaining ‘Well you still alive opportunities, and education, all right! Then keep it moving.’” things that have been proven to reduce recidivism and create a safer The sexual abuse case of Charles prison environment for everyone. Stark, discussed above, is also Alex Melendez (EX-5417), on reportedly a case of fabricated 9/10/09, wrote of the due process misconducts and denied grievances; denied to many “warehoused” as he wrote in his undated letter, inmates:

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and an inquiry into the use, “They are warehousing us, implementation and effects of there’s not enough job for solitary confinement. These those who want to work, the hearings will be the initial step in school system is also over a process aimed at the creation, passing and adherence to crowded often. Big waiting list comprehensive legislation based for people to do their parole on international human rights prescribed programs. I think agreements.40 the average tax payer will be mad to know that their money Despite submitting documentation is going [to] warehousing of a pattern of human rights instead of rehabilitating and violations at SCI Dallas, no action facilitating inmates with the was taken. In fact, each recipient tools to be productive in completely ignored the society once they are documentation and the modest released.” request for hearings.

Seeking Accountability: SCI Dallas, Throughout the summer and into Prior Notice and Official the fall HRC/Fed Up! and supporters Indifference sent several letters and made repeated phone calls to SCI Dallas In early July 2009 a letter was sent and PA DOC officials regarding to every member of the PA General particular complaints we received, Assembly’s House and Senate often emphasizing that individual Judiciary Committees, the General reports of human rights violations Assembly Black Caucus, Governor were part of a systemic pattern. No Rendell, and PA DOC Secretary letters were ever responded to by Beard. This communication Superintendent Michael Klopotoski, demonstrated inconsistencies in PA Secretary Beard, or Office of DOC testimony during a recent Professional Responsibility (OPR) meeting in front of the PA House Director Barnacle. Prisoner reports Judiciary Committee, and included of severe human rights violations, documentation of reported human amounting to torture in many rights violations from SCI Dallas. instances, continued to reach us The letter reiterated demands made almost everyday. by HRC in March: On September 15, 2009 a letter We are again formally requesting requesting accountability via the a series of public hearings in mechanism of transparent and front of the Pennsylvania legitimate investigations was sent to Legislature to investigate the policies and practices of the PA Governor Rendell, Attorney General DOC. This review will include Corbett, Secretary Beard, Director unresolved inmate grievances,

testimony by incarcerated 40 individuals and their families, Human Rights Coalition-Accountability Council, letter of July 3, 2009, on file.

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Barnacle, Superintendent Klopotoski, process. This practice conforms and several members of the General to inmate grievance procedures Assembly. The package contained throughout the PA DOC (see summary documentation of more enclosed official inmate than 100 reports of human rights grievance statistics, wherein less than 2% of prisoner grievances violations and the letter noted the were upheld between January dominant patterns therein: 2008 and May 31);

• frequent usage of racist slurs, The letter emphasized that “[a] threats of violence, verbal and crime is still a crime, whether or not physical abuse by guards; it is perpetrated by employees or • retaliation against prisoners exercising their constitutional officials of the government.” It went rights to file grievances, criminal on to outline what the basic complaints, and civil suits requirements for conducting a regarding conditions of transparent and legitimate confinement and guard investigation consist of: misconduct/crimes. This practice commonly takes the • Conducting a comprehensive form of the issuance of investigation into each and every fabricated misconducts and incident described herein; subsequent placement in solitary • Interviewing all parties named confinement, as well as the herein—both prisoners and DOC seizure and destruction of legal personnel—along with additional property; witnesses discovered in the • failure to provide adequate, or at course of investigation. These times any, physical or mental interviews should be extensive, health care; provide the basis for reviewing • brown drinking and bathing the documentary and security water, filthy cells, exposure to camera record, and seek as much infectious diseases, and detail about general patterns and generally substandard practices as possible; environmental conditions; • Obtaining signed witness • encouragement of prisoner-on- statements and audio recordings prisoner violence, including from those willing to cooperate incitement to murder and sexual with either mode of evidence- violence; gathering; • incitement to and • Reviewing all security camera encouragement of suicide; footage relevant to the claims • a defective inmate grievance herein and permitting prisoners system that is systematically to view this evidence; biased against prisoner claims of • Releasing the contents of the staff misconduct and investigation, including substandard conditions, dispositions for each incident commonly refusing to permit herein and others uncovered prisoners to present witnesses or during the process, witness security camera evidence in statements, audio transcripts, support of their claims, and thus and security camera footage into violating their right to due the public domain;

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• Providing for the safety of operation of the prison, it is difficult prisoner victims and witnesses to to fathom how Robert Mulle can be free of retaliation by securing claim he reviewed the necessary transfers, suspension correspondence.42 of staff alleged to be serial abusers pending investigation The silence of the Governor, the results, and rotating guards as appropriate; General Assembly, and the routine evasion of responsibility by the 43 HRC/Fed Up! informed recipients Attorney General’s office only that this communication was being reinforce a reality that should be sent to create evidence that state painfully obvious when reading the officials at the highest levels were contents of this report: the PA DOC given prior notice of conditions of is a law unto itself. confinement at SCI Dallas and that failure to act would be recognized as As a result of the failure to act in deliberate indifference. If this came accordance with the rule of law and to pass we informed recipients that protect constitutional and human a formal criminal complaint would rights on the part of PA state be submitted to the Civil Rights officials, HRC/Fed Up! submitted a Division of the U.S. Department of Justice.41 42 “Referral of Citizen Mail Received From the Human Rights Coalition,” From: Robert A. On November 2, 2009 HRC/Fed Up! Mulle, Chief Deputy Attorney General, Legal received a copy of a letter sent by Review Section, To: Suzanne N. Hueston, Chief Robert A. Mulle, Chief Deputy Counsel, Department of Corrections, October Attorney General of the Legal Review 29, 2009, on file. 43 A number of other formal criminal complaints Section, to Suzanne N. Hueston, and informal requests have been either ignored Chief Counsel for the PA DOC. The or returned, in the latter case claiming that the three-sentence letter reads, in part: County District Attorney’s office has proper “Based on my review of the jurisdiction. That the state of Pennsylvania’s correspondence, it appears that your Attorney General Office has the power and office would be best able to responsibility to enforce the rule of law respond.” Given that the anywhere within the state of Pennsylvania, correspondence in question, especially in state institutions such as prisons, is not only obvious on its face but is explicitly partially excerpted above, explicitly articulated in the Commonwealth Attorneys Act. stated that the PA DOC has The relevant passage reads: “§ 732-205. maintained a “posture of official Criminal prosecutions denial, evasion, and secrecy at every (a) Prosecutions.--The Attorney General shall level of the . . . chain of command,” have the power to prosecute in any county criminal court the following cases: (1) and that prisoners have no effective, Criminal charges against State officials or legitimate recourse to remedy employees affecting the performance of their grievances within the institutional public duties or the maintenance of the public trust and criminal charges against persons attempting to influence such State officials or 41 HRC/Fed Up! letter to PA DOC and state employees or benefit from such influence or officials, September 15, 2009, on file. attempt to influence.”

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formal criminal complaint against courts via the seizure and Secretary Beard, Superintendent destruction of legal and other Klopotoski, and a number of other property; deprivation of PA DOC personnel employed at SCI mandated one hour of recreation Dallas to the U.S. District Attorney outside of cell via staff refusal to comply and the intimidation of for the Middle District of PA. inmates so that they refuse to Appended to the two-page leave their cells out of fear of complaint were more than 100 assault. Correspondences with pages of summary documentation, families repeat the exact same affidavits, criminal complaints, chain of events and current institutional paperwork, and other conditions. Actions taken to relevant documentation. further Conspiracy Against Rights of Citizens and The complaint read, in part: Deprivation of Rights Under Color of Law are in violation of The offenses committed by the 18 U.S.C., Sections 241 and 242 accused were Conspiracy Against respectively. Rights of Citizens and Deprivation of Rights Under The complaint requested that Color of Law, enabled by Patterns criminal charges be brought, and Practices prevalent within meaning that Secretary Beard and the SCI-Dallas. The offenses rest should be arrested.44 committed include assisted suicide; the confinement of men HRC/Fed Up! received notice from a in the Restricted Housing Unit in deputy U.S. District Attorney for the retaliation for their pursuit of Middle District of PA that the remedial action against the DOC complaint had been received. The via the constitutionally protected activities of filing grievances organization was thanked for against staff and attempting to bringing the matter to his attention engage in civil litigation, and and notified that the complaint had subjecting these men to been forwarded to the Federal Bureau conditions of repeated physical of Investigation.45 We are unaware as assault; psychological terror of a to whether or not an investigation racist nature constituting hate has been or will be initiated. crimes; mail tampering and destruction of legal documents; Reports of medical neglect, food deprivation of adequate water; tampering, assault, deprivation of inadequate and/or non-existent food, and the rest continue to arrive medical treatment, especially psychological and psychiatric in the mail and over the phone each care for inmates with severe week. mental health needs; issuance of 44 fabricated misconduct charges U.S. versus Beard, Klopotoski, Walsh, et. Al, and denial of due process within criminal complaint filed November 2009, on file. institutional grievance and 45 misconduct procedures; Correspondence from James T. Clancy, obstruction/denial of access to Assistant U.S. Attorney for the Middle District of Pennsylvania, November 24, 2009, on file.

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Human Rights Violations throughout the PA DOC

Unlike many other states, where During the last two years HRC/Fed high-security prisoners are confined Up! has reviewed thousands upon in one or two supermaximum- thousands of pages of prisoner security prisons, the PA DOC has a letters/reports, civil actions, decentralized system of high- institutional paperwork, affidavits, security solitary confinement/control criminal complaints, and additional units (known as Restricted Housing documentation detailing patterns of Units, or RHUs) in each of the 26 widespread, systemic, deliberate prisons it operates.47 Fifteen of human rights violations throughout these control units confine over 100 the PA DOC. The thrust of this prisoners, with SCIs Graterford documentation has been (250), Greene (241), Camp Hill corroborated via countless hours of (218), Fayette (197), Huntingdon conversation and interviews with (141), Forest (134), and Dallas (119) current and former prisoners and possessing the largest. The two their families conducted by HRC women’s prisons, SCIs Cambridge members, allies, supporters, and Springs (13) and Muncy (117) others working directly and accounted for 130 of the solitary indirectly with HRC, in both their confinement population at the end personal and professional capacity. of October.48

In this context, the reports from SCI While many of those in the RHU Dallas summarized in section II serve a 30-60 day sentence in represent a minor, albeit illustrative, solitary for an alleged disciplinary fraction of the human rights infraction, a number of others have violations perpetrated by the PA been subjected to long-term DOC on a daily basis. isolation with no means for improving their confinement status. The patterns of violations gravitate Several of these prisoners have been around the solitary confinement confined for 5 years and longer, units, which are the core of control even more than 25 years in a few throughout the state just as in SCI instances. As at SCI Dallas, those Dallas. According to PA DOC official most heavily targeted for indefinite statistics for the month of October lockdown are jailhouse lawyers, 2009, there were 2,846 prisoners in 46 some form of solitary confinement. the total for RHU classifications or elsewhere, or not included, is not clear. 46 These numbers do not identify prisoners in the 47 The PA DOC actually operates 27 facilities Special Management Unit (SMU) or Death Row when the Quehanna Boot Camp is included. prisoners, and appear to be incomplete in The boot camp does not have a RHU. identifying those confined in a series of Secure 48 Figures taken from the PA DOC Monthly Special Needs Units (SSNU) around the state Population Report for October 2009, such as those at SCI Pittsburgh, SCI Retreat, and http://www.cor.state.pa.us/portal/lib/portal/mont others. Whether these prisoners are included in hly_population.pdf.

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political activists, the mentally ill, of whether that power is being and blacks and Latinos. exercised in accordance with policy and law. The effect of the regime of solitary confinement on the rest of the The subsequent capsule prisoner population is predictable descriptions of major human rights and undoubtedly intentional: to violations in the PA DOC situates the terrorize prisoners into total conditions at SCI Dallas in a broader submission to the arbitrary power of context and hence renders them prison staff and officials regardless more comprehensible.

Summary Report on Human Rights Violations in the PA DOC

Assault/physical abuse physical harassment. General population prisoners who are PA DOC policy stipulates that “When subject to provocation and assault force is used, the least amount of by staff are virtually always issued force, reasonably necessary to fabricated misconduct charges for achieve the authorized purpose is to assaulting staff and sentenced to a be used and the use of force will term in solitary confinement. Once stop once control is achieved.” in solitary these prisoners are often There is also a prohibition on the deprived food, personal property, use of force “as a means of writing materials and grievance punishment or revenge.”49 These forms, access to medical treatment, policy mandates are routinely and otherwise subjected to subordinated when prison personnel deprivations and punitive measures find it in their interest to terrorize designed to reinforce the total specific individuals and the rest of helplessness of prisoners and their the prisoner population by making absolute dependency on staff for an example of someone. their very survival. Prisoners held in solitary confinement who insist on Assaults, physical abuse, and threats exercising their rights to file of violence from guards occur with grievances and lawsuits, or who systematic frequency, establishing a otherwise develop an antagonistic baseline of terror throughout the relationship with staff are even more prisoner population. Those who file vulnerable to physical abuse since grievances or pursue other avenues they are not permitted to leave their for redress such as civil litigation or cells without being handcuffed and reporting to outside authorities are often shackled. Reports of guards regularly targeted for verbal and throwing handcuffed prisoners against walls, yanking their handcuffed arms through the tray 49 PA DOC Policy DC-ADM 201-1, Use of slot in the door, and punching and Force, section V(B)(D), kicking defenseless victims are not http://www.cor.state.pa.us/standards/lib/standard s/DC-ADM_201_Use_of_Force.pdf. uncommon. The threat and reality

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of arbitrary and excessive bodily symptoms of mental health violence is both the psychological problems. and physical lynchpin of control. Such acts violate, inter alia50, article The Vienna, Virginia-based V of the Universal Declaration of corporation MHM Correctional Human Rights (UDHR) prohibiting Services, Inc. (MHM) signed a new torture and other ill-treatment, and contract with the PA DOC towards the UN Convention against Torture the end of 2008 for the provision of and Other Cruel, Inhuman or mental health care services between Degrading Treatment or January 1, 2009 and August 31, Punishment.51 2013. The contract is worth $91,000,000.54 Mental Health and the Psychological Impact of Solitary While MHM claims that it is Confinement “successful” in meeting the “unique challenge” posed by prisoners with A vastly higher prevalence of mental illness55, reports of severe psychological instability and psychological deterioration and disorder exists amongst the inadequate, often non-existent, and prisoner population than within the sometimes abusive treatment are population at large.52 The rate of commonplace. Those held in solitary mental illness becomes higher yet confinement are treated to cursory amongst those confined in control visits from psych staff and forced to units. Responses to questionnaires speak with them at their cell door, sent to large numbers of prisoners which has an inhibiting effect on led the U.S. Bureau of Justice one’s willingness to discuss his Statistics to claim in a September symptoms for fear of being 2006 report that as many as 56% of overheard by guards and other state prisoners likely suffer from a prisoners. Prisoners prescribed mental health problem,53 based on medication to counter suicidal the presence of a recent history or depression have had these prescriptions discontinued with devastating consequences, none 50 a legal term meaning “amongst other things.” more so than the case of Matthew 51 Brownlie and Goodwin-Gill, eds., Basic Bullock. In other instances Documents on Human Rights, Fifth Edition, p. excessive medication is substituted 25 and 405-416 respectively. for mental health care. 52 Terry Kupers, Prison Madness: The Mental Health Crisis Behind Bars and What We Must Do About It. Dr. Kupers writes that “The 54 Service Purchase Contract between prevalence of mental disorders among prisoners Pennsylvania, Department of Corrections and is quite high, at least five times the prevalence MHM Correctional Services, Inc., rates in the general population,” p. 11. http://www.cor.state.pa.us/boa/lib/boa/MHM_C 53 “Mental Health Problems of Prison and Jail orrectional_Services_Inc._SP_1181000376.pdf. Inmates,” Doris J. James and Lauren E. Glaze, 55 http://www.mhm- Bureau of Justice Statistics Special Report, services.com/services/correctional-mental- September 2006. health.html

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SCI Dallas and throughout the state The regime of solitary confinement confirm the presence of these same both exacerbates and generates symptomatic patterns amongst a psychological instability, disturbingly large number of the abnormality, and disorder, therefore solitary confinement population. perpetuating an escalating cycle of Incidents of self-harm, including mental illness and suffering inside suicide attempts, occur regularly and outside the prisons. The and are certainly under-reported. scientific consensus deduced from Prisoners have reported setting their copious research on the cells on fire, self-mutilation, and psychological impact of solitary attempts to hang themselves. The confinement is that the experience common response from prison staff generates considerable and in these circumstances is to send sometimes permanent mental guards in riot gear into the cell to suffering. One of the foremost “extract” the prisoner, often experts on the subject, Dr. Stuart attacking him with pepper spray Grassian, reveals that “even a few first, and then forcibly transporting days of solitary confinement will the cuffed and shackled inmate to a predictably shift the psychiatric observation cell where he electroencephalogram (EEG) pattern is subjected to even more intensive toward an abnormal pattern isolation. Several prisoners have characteristic of stupor and reported being kept in such cells delirium,” and outlines the following without bedding, a mattress, seven symptoms as being running water, or clothes for days at characteristic of an “organic brain a time. This brutality exacerbates delirium” associated with solitary and multiplies the incidence of confinement: mental health problems inside prisons where “a large subgroup a) hyperresponsivity to external develop[] the disturbances that stimuli; make their lives more miserable only b) perceptual distortions, illusions, after being incarcerated.”57 hallucinations; c) panic attacks; Other rights to adequate mental d) difficulties with thinking, health care are violated by structural concentration, and memory; and procedural deficiencies, e) intrusive obsessional thoughts: including lack of funding, staffing, emergence of primitive aggressive privacy, inpatient treatment ruminations; programs, and negligent and f) overt paranoia; abusive practices. g) problems with impulse control.56 HRC/Fed Up! finds the predictable Questionnaires submitted by psychological consequences of these HRC/Fed Up! to over 75 prisoners in 57 Terry Kupers, Prison Madness: The Mental 56 Stuart Grassian, “Psychiatric Effects of Health Crisis Behind Bars and What We Must Solitary Confinement,” Do About It, p. 38.

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conditions is of such an egregious rehabilitation.”58 “Tough on crime” and apparent nature that it cannot punitive approaches that fail to be credibly understood as anything address root social causes of crime other than the deliberate intention and neglect to provide adequate of the PA DOC to inflict severe educational, vocational, therapeutic, mental pain on prisoners targeted and counseling services to people for prolonged solitary confinement. sentenced to prison are not only While the utilization of solitary responsible for propagating the confinement as a retaliatory cycle of violence and social measure represents an obvious deterioration—and therefore human rights violation, the decidedly not “tough” on crime—but application of these techniques of are also in violation of international control is invalid—and illegal—if law. there is no identifiable rehabilitative or penological consequence as well. These conditions also violate, inter alia, article V of the UDHR and the Simply put, there is no legitimate Convention against Torture59. By rehabilitative pretext that can justify exacerbating and generating a subjecting those found guilty of greater incidence of mental illness violating prison rules and and denying adequate treatment the regulations to conditions of isolation PA DOC is also violating the United so extreme as to constitute torture. Nations’ Standard Minimum Rules for the Treatment of Prisoners rule The proliferation of solitary 22(1), which states that: “The confinement units represents the medical services should be ascendance of a purely punitive organized in close relationship to approach to incarceration. While the the general health administration of dominant discourse on questions of the community or nation. They shall crime and incarceration validate the include a psychiatric service for the debate between a punitive or diagnosis and, in proper cases, the rehabilitative approach to treatment of states of mental incarceration, black-letter abnormality”. international law is unambiguous on this matter. The role of solitary Malign Neglect: Profit over confinement in perpetuating an Prisoners ever-escalating cycle of incarceration in PA and throughout the U.S. In 1988 the United Nations General subverts article 10(3) of the Assembly passed Resolution International Covenant on Civil and 43/173, the Body of Principles for Political Rights, which mandates that the Protection of All Persons Under “The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their 58 Brownlie and Goodwin-Gill, eds., Basic reformation and social Documents on Human Rights, Fifth Edition, p. 362 59 Brownlie, p. 25 and 405-416 respectively.

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Any Form of Detention or Commission on Correctional Imprisonment. Principle 24 states: Health Care, found that 20 to 26 percent of the U.S. population A proper medical examination living with HIV/AIDS, 29 to 32 shall be offered to a detained or percent of persons with Hepatitis imprisoned person as promptly C, and 38 percent of those with as possible after his admission to TB were released from a the place of detention or correctional facility. Transmitted imprisonment, and thereafter through unprotected sex, medical care and treatment shall tattooing, sharing syringes, and be provided whenever necessary. close living quarters, and This care and treatment shall be fostered by inadequate prison provided free of charge.60 health care, these diseases are ravaging the prison population. This provision affirming a right to Public health experts are beginning to ponder the medical care corresponds with the consequences of this health 1978 U.S. Supreme Court ruling in crisis, as the large majority of Estelle v. Gamble, which found that these prisoners will one day be deliberate indifferences to serious released back to society.62 medical needs of prisoners [emphasis in original] constitutes a violation of 8th amendment rights to be free from Another threat to public health is cruel and unusual punishment.61 the rapid spread throughout the nation’s prisons and jails of the Summarizing data on infectious “superbug”, methicillin resistant diseases in prison populations, a staphylococcus aureus, or MRSA. 2007 report found that rates of Determined to be the “cockroach of HIV/AIDS and other sexually bacteria” by the Centers for Disease transmitted diseases (STDs), Control and Prevention, MRSA tuberculosis (TB), and Hepatitis A, B, (pronounced mer-sa) “has the power and C amongst the incarcerated far to disable, disfigure and kill the exceed occurrences amongst the people who come into contact with general public. The rate of HIV/AIDS it.” 19,000 out of the estimated in prisons has been estimated at five 94,000 U.S. Americans with MRSA to seven times greater than in the died as a result of the “superbug” in general population. The proportion 2005 alone. Pennsylvania is of prisoners with hepatitis falls amongst a handful of states with within the approximate range of 15 and 30 percent. TB cases in prisons are five times the national average. The report continues: 62 Violations of Articles 1, 2 and 5 of the An analysis conducted for the International Convention on the Elimination of U.S. Congress, by the National all forms of Racial Discrimination in U.S. Prisons: A Response to the Periodic Report of 60 Brownlie, p. 93. the United States of America, Prison Working 61 Estelle v. Gamble, 429 U.S. 97, 103 (1976). Group, p. 20, October 2007.

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particularly virulent outbreaks of blowers, and condemnation by MRSA in detention facilities.63 federal, state and local authorities. The company has paid millions of Given that prisons are incubators of dollars in fines and settlements.”64 disease and that over 90% of prisoners will be released into our The PA DOC signed a five-year communities someday, the contract with PHS for the provision imperative for providing adequate of medical care, excluding mental health care to the incarcerated health and pharmacy services, to all population is not only a legally- facilities under their control that mandated but pragmatic and initially went into effect on commonsense public health policy September 1, 2003.65 The contract as well. For this reason it is nothing was worth $308,254,642. In short of scandalous that the PA DOC February 2007 the contract was has privatized the provision of extended from its initial expiration medical services and contracted this date of August 31, 2008 to August, responsibility to Prison Health 31 2013.66 Services, Inc. (PHS), a Tennessee- based for-profit corporation that has Incentives for denying care are left a trail of corpses and lawsuits in embedded in the contract, in its wake around the country. particular the section on the annual aggregate cap, which reads in part: In 2005 Paul von Zielbauer published an expose of PHS in the PHS has budgeted an annual pages of the New York Times based aggregate cap of twenty million on extensive investigations of PHS five hundred thousand dollars practices around the U.S., ($20,5000,000) to cover outside documenting widespread instances medical services in contract Year One. Additionally, PHS proposes of wrongful death, malpractice, a 50/50 sharing between PHS skeletal staffing, denial of medications, and other neglectful 64 and abusive practices. Summarizing Paul von Zielbauer, “Harsh Medicine: As Health Care in Jails Goes Private, 10 Days Can his findings Zielbauer wrote, “A Be a Death Sentence,” New York Times, yearlong examination of Prison February 27, 2005. Health by The New York Times 65 Medical Services Agreement Between reveals repeated instances of Commonwealth of Pennsylvania, Department of medical care that has been flawed Corrections and Prison Health Services, Inc., and sometimes lethal. The signed August 6, 2003, company’s performance around the http://www.cor.state.pa.us/boa/lib/boa/phsSigne nation has provoked criticism from dContract.pdf. 66 Contract Modification Agreement No. 3 to judges and sheriffs, lawsuits from Medical Services Agreement Between inmates’ families and whistle- Commonwealth of Pennsylvania, Department of Corrections and Prison Health Services, Inc., 63 “Deadly Staph Infection ‘Superbug’ Has a signed February 4, 2007, Dangerous Foothold in U.S. Jails,” Silja J.A. http://www.cor.state.pa.us/boa/lib/boa/PHSAttac Talvi, Prison Legal News, May 2008. hment3.pdf.

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and the DOC of any costs Skin conditions, hernias, and incurred between $20,500,000 cataracts have been ignored or given and $22,500,000. Costs that cursory attention. Prisoners exceed $22,500,00 in Year One concerned about their exposure to shall be the responsibility of the infectious diseases, especially those DOC.67 in solitary units who have been

placed in cells with blood and bodily Outside medical services include waste, have been denied diagnostic “medical and psychiatric tests or had the documented results hospitalization, off-site physicians’ withheld. and specialists’ fees, emergency room fees, ambulance HRC/Fed Up! has accumulated transportation expenses, off-site and ample testimony to conclude that mobile surgery services, and the the business practices detailed in cost of any dialysis treatment the 2005 New York Times expose of provided off-site as well as on-site PHS have not been amended in any dialysis services at SCI Graterford substantive manner and persist to and SCI Muncy.”68 this day.

By entrusting the health and lives of White Supremacist Racism PA prisoners to the likes of PHS it is no surprise that reports of medical The U.S. criminal legal system is neglect and abuse are rampant. saturated with white supremacist Examples of poor practices and racism at every level, from policing inadequate treatment include priorities to arrests, convictions to withholding of medications; refusal sentencing. of outpatient services and necessary surgeries; denial of prisoner In April 2007, a group of human requests to view their medical rights workers concerned with the records; failure to follow policy and U.S. prison system issued a shadow document injuries when these might report to the United States periodic indicate staff liability for injuries (i.e. report to the United Nations after guards beat or abuse a regarding compliance with the prisoner); the absence of any International Convention on the mechanisms other than civil Elimination of all forms of Racial litigation for prisoners to seek Discrimination. The shadow report, remedy, which—in the rare cases in which the normalized racism of where claims are upheld—provide the prison system is summarized, redress for wrongs virtually always states the matter with blunt clarity: after the damage has been done. “Conditions in prisons and jails in

67 the US are horrific. The notion of Medical Services Agreement Between Commonwealth of Pennsylvania, Department of rehabilitation in most facilities has Corrections and Prison Health Services, Inc., been forgotten and prisons/jails http://www.cor.state.pa.us/boa/lib/boa/phsSigne have become warehouses for many dContract.pdf. 68 ibid.

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of the marginalized segments of institutions and at varying degrees American society.”69 of psychological awareness, white supremacy is and always has been a In reviewing the U.S. report the UN reality of life in the United States. Committee on the Elimination of Racial Discrimination (CERD) noted Illustrating some markers of this that the “stark racial disparities in reality, the Pew Center on the States the administration and functioning issued a report in 2009 revealing of the criminal justice system, that “Black adults are four times as including the disproportionate likely as whites and nearly 2.5 times number of persons belonging to as likely as Hispanics to be under racial, ethnic and national minorities correctional control. One in 11 black in the prison population, may be adults—9.2 percent—was under regarded as factual indicators of correctional supervision at year end racial discrimination,” and 2007.” 71 subsequently recommended that “all necessary steps to guarantee the Perhaps even more illuminating is right of everyone to equal treatment the fact that black males are before tribunals and all other organs incarcerated at a rate of 4,919 per of administering justice” be taken 100,000 in the U.S. today, while and advocated “the implementation apartheid South Africa, by of national strategies or plans of comparison, incarcerated black action aimed at the elimination of males at a rate of 851 per 100,000 structural racial discrimination.”70 in 1993.72

The concerns articulated by the These same patterns are apparent in CERD acknowledge, however Pennsylvania as well, where blacks modestly, that the criminal legal account for 48.8% of the total state system operates according to the prison population despite only logic of white supremacy. While this representing 10.8% of the state structure of domination functions population. Similarly, while persons within a complex variety of social of Hispanic or Latino origin represent but 4.8% of the state 69 Violations of Articles 1, 2 and 5 of the population they account for 10.8% of International Convention on the Elimination of the state prison total.73 That all but all forms of Racial Discrimination in U.S. Prisons: A Response to the Periodic Report of 71 “One in 31: The Long Reach of American the United States of America, Prison Working Corrections,” The Pew Center on the States, Group, October 2007. 2006. 70 Committee on the Elimination of Racial 72 Figures on incarceration rates taken from Discrimination (CERD), “Consideration of http://www.prisonpolicy.org/articles/not_equal_ Reports Submitted by State Parties Under opportunity.pdf. Article 9 of the Convention, Concluding 73 State prison population figures taken from the observations of the Committee on the Pennsylvania Department of Corrections Elimination of Racial Discrimination, United Monthly Institutional Profile, October 31, 2009, States of America,” CERD/C/USA/CO/6, May http://www.cor.state.pa.us/portal/lib/portal/mont 8, 2008. hly_profile.pdf. State population percentages

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one of Pennsylvania’s state prisons numbers can never begin to are situated in locales with a adequately depict the human impact predominant—often over 90%-- of structural racism. The reports white/euro-American population has received by HRC/Fed Up! testify to helped fuel the racial discrimination the reality of widespread racism on and brutality that are defining the part of prison personnel. We characteristics of the state prison have received a number of reports system. Of the 24 locales in which about flagrantly racist guards, some the PA DOC’s 27 institutions are even boasting of their membership found—including the two women’s in white nationalist organizations prisons, the boot camp, and a such as the Ku Klux Klan. The use facility for juvenile offenders—15 of of racist slurs to intimidate, these possess a white population in humiliate, and terrorize prisoners excess of 95%. 17 out of 24 have are commonplace in the control an over 90% white population, while units, which have a higher a full 22 of 24 have white proportion of people of color than populations above 80%.74 the general population. While there have been reports of guards These patterns correspond to threatening to lynch prisoners and national trends to push prison racist pictures and graffiti being left expansion on economically for intended targets, much of the depressed white rural communities racism occurs in the context of daily as a means of job creation, which operations. For example, the generates an incentive for working issuance of fabricated misconducts class whites and political and placement in solitary representatives from those confinement, or verbal abuse of a communities to develop a vested racist type directed at those who file interest in the warehousing of vast grievances. Other examples of numbers of poor people from racism include reports from several communities of color. Latino prisoners that they are being held in solitary confinement on the While such statistical indicators of basis of confidential evidence racial discrimination can be alleging gang affiliation, and black multiplied at considerable length75 Muslims being denied Nation of Islam and other related literature. can be found at the U.S. Census Bureau website, State and County QuickFacts, Structural racism and the http://quickfacts.census.gov/qfd/states/42000.ht manifestations thereof detailed in ml. this report violate Article 2 of the 74 Figures taken from the U.S. Census Bureau website, http://factfinder.census.gov/home/saff/main.html racial disparities in life sentences see The ?_lang=en Sentencing Project’s July 2009 report No Exit: 75 See Race to Incarcerate, Marc Mauer, for The Expanding Use of Life Sentences in information and analysis on racial disparities in America; and see Punishment and Prejudice: policing practices, arrest rates, sentencing Racial Disparities in the War on Drugs, Human practices, and drug enforcement; for evidence on Rights Watch, May 2000.

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UDHR76 and, articles II and V of the degrading treatment or International Convention on the punishment.”78 Elimination of all forms of Racial Discrimination. The severe Denial of Due Process: Grievances, obstacles for prisoners who seek Misconducts, and Access to the protection and remedy in instances Courts of racial discrimination (see the section on the Denial of Due Any analysis of the factors that Process) violate Article VI of the generate, enable, and sustain ICERD, which stipulates that “State human rights violations in U.S. Parties shall assure to everyone prisons has to take into account the within their jurisdiction effective role of the courts in monitoring protection and remedies, through conditions, adjudicating disputes, the competent national tribunals and enforcing rulings in particular and other State institutions, against instances. Prisoners’ rights in this any acts of racial discrimination . . respect are enshrined in articles VI .”77 and VII of the Universal Declaration of Human Rights, which respectively Conditions in PA prisons and SCI proclaim that “All are equal before Dallas in particular also fit the the law and are entitled without any definition of the crime of apartheid discrimination to equal protection of as defined in Article II(a)(ii) of the the law”, and that “Everyone has the International Convention On the right to an effective remedy by the Suppression and Punishment of the competent national tribunals for Crime of Apartheid. The relevant acts violating the fundamental rights sections stipulate that apartheid is granted him by the constitution or present when there is a “Denial to a by law”.79 Affirming the same member or members of a racial principles of due process and equal group or groups of the right to life protection, Amendment XIV of the and liberty of person” via “the U.S. Constitution, proclaims that no infliction upon the members of a state shall “deprive any person of racial group or groups of serious life, liberty, or property, without due bodily or mental harm, by the process of law; nor deny to any infringement of their freedom or person within its jurisdiction the dignity, or by subjecting them to equal protection of the laws”. torture or to cruel, inhuman or Prison Litigation Reform Act

76 Brownlie and Goodwin-Gill, eds., Basic The rights of prisoners to access the Documents on Human Rights, Fifth Edition, p. courts have been severely restricted 24. Article II of the UDHR states “Everyone is as a consequence of the Prison entitled to all the rights and freedoms set forth in this Declaration without distinction of any kind, Litigation Reform Act (PLRA), passed such as race, colour, sex, language, religion, into law by the U.S. Congress in political or other opinion, national or social origin, property, birth or other status.” 78 Ibid. p. 383 77 Ibid. p. 340 79 Ibid. p. 25

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1996. Barriers to the exercise of often involved non-frivolous claims this fundamental constitutional and similar to the violations detailed in human right erected by the PLRA this report.81 Furthermore, if the relevant to this report include: actual intent of the legislation were to discourage and hinder the filing 1) the exhaustion of remedies of unworthy lawsuits then it follows requirement: Prior to filing a that prisoners should have begun to lawsuit prisoners are required win a higher percentage of cases to exhaust the prison’s subsequent to the passage of the administrative grievance PLRA. But the PLRA has had procedure; precisely the opposite effect as 2) the physical injury prisoners have filed less lawsuits requirement: mental or and won an even smaller proportion emotional injury is insufficient of these cases.82 to substantiate a claim that one’s right were violated In May 2009, Human Rights Watch unless it can be demonstrated (HRW) released a report on the that there was a prior physical effects and constitutionality of the injury; PLRA, finding that “The effect . . . on 3) restrictions on court oversight prisoners’ access to the courts was of prison conditions: the swift. Between 1995 and 1997, power of federal courts to federal civil rights filings by enforce orders that provide prisoners fell by 33 percent, despite correctives to unlawful the fact that the number of conditions has been hindered; incarcerated persons had grown by 4) limitations on attorney fees: 10 percent in the same period. By the amount of money 2001 prisoner filings were down 43 attorneys are able to collect percent from their 1995 level, from successful cases brought despite a 23 percent increase in the on behalf of prisoners whose incarcerated population. By 2006 rights have been violated has the number of prisoner lawsuits filed been limited by the PLRA.80 per thousand prisoners had fallen 60 percent since 1995.”83 The report Proponents of the legislation alleged also found that “the number of that prisoners were prone to filing states with less than 10 percent of excessive and frivolous lawsuits, and their prison populations under court that the PLRA would eliminate abuse supervision more than doubled, of the courts and weed out unworthy from 12 to 28.”84 claims. Contrary to these assertions, prisoner lawsuits were As a consequence of the PLRA’s about as common as lawsuits restrictions on prisoners’ rights to brought by non-prisoners, and these 81 ibid. p. 9 80 No Equal Justice: The Prison Litigation 82 ibid. p. 3 Reform Act in the United States, Human Rights 83 ibid. p. 3 Watch, May 2009; p. 2 84 ibid. p. 35

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access the courts and its erosion of Prisoners alleged to have violated judicial power to regulate conditions prison rules and regulations are to by court order HRW concluded that be issued a misconduct report the PLRA is “fundamentally at odds” stating the “facts upon which the with the requirements of charges are based” as written by the international law, specifically article staff member making the charges, a 14 of the International Covenant on contractor employee with personal Civil and Political Rights, which knowledge of the violation, or by stipulates that “All persons shall be another staff member who has been equal before the courts and instructed to do so at the request of tribunals”.85 The UN Committee a person with personal knowledge of Against Torture also found that the the incident in question.87 Aside PLRA violated fundamental human from lesser offenses, which might rights, noting that the physical be subject to informal resolution, in injury requirement is a which no hearing takes place, contravention of article 14 of the prisoners charged with a misconduct Convention Against Torture, which are granted an appearance before requires redress for victims. The the institution’s hearing examiner. Committee accordingly While policy stipulates that prisoners recommended that “The State party are permitted to call witnesses to should not limit the right of victims testify to their knowledge of the to bring civil actions and amend the events in question, this aspect of Prison Litigation Reform Act due process is frequently subverted accordingly”.86 on the grounds that such witnesses are not needed to determine guilt or It is in this context of an expanding innocence. Prisoner requests for the prison population that possesses presentation of security camera increasingly diminished access to footage regarding the incident at the courts that the routine reports of hand are virtually always denied as anti-prisoner bias in the well. administration of grievance and misconduct processes are to be Such a rationale does make for a understood. consistent kind of logic, as the primary factor in determining guilt Misconducts or innocence in misconduct cases is apparently not evidence, but rather the fact that one is a prisoner typically determines that he or she is 85 85 Brownlie and Goodwin-Gill, eds., Basic guilty as well. Once found guilty a Documents on Human Rights, Fifth Edition, p. stint in solitary confinement follows. 362 86 These can last from 30 days to Committee Against Torture (CAT), “Consideration of Reports Submitted by State Parties under Article 19 of the Convention, 87 PA DOC Policy DC-ADM 801, Inmate Conclusions and Recommendations of the Discipline, Section 1(B), Committee against Torture, United States of http://www.cor.state.pa.us/standards/lib/standard America,” CAT/C/USA/CO/2, May 18, 2006. s/801_Inmate_Discipline.pdf.

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longer, and can of course be purpose of the grievance system is extended without restraint given the to provide an avenue for prisoners rubber-stamp quality of misconduct to resolve problems within the procedures. institutional framework of the PA DOC, the operative reality of the Reports of guards abusing the grievance system is that it functions misconduct system to “bury” to repress claims of abuse and somebody in solitary are received substandard conditions and obstruct from all over the state each week. access to the courts. Most reports of this kind usually begin with a description of how a Official PA DOC grievance statistics prisoner felt compelled to file a for the period between January 1, grievance against an abusive staff 2008 and April 29, 2009 obtained member and was subsequently through a Right-To-Know request issued a misconduct for an reveal the systematic anti-prisoner infraction that they did not commit. bias in the system with stark clarity. If the prisoner still feels aggrieved During this sixteen-month period and unwilling to acquiesce silently to less than 2% of prisoner grievances the arbitrary machinations of prison were decided in favor of the inmate. staff misconducts can be issued For the years 2008 and the first four endlessly with little concern that months of 2009 respectively, supervisory staff will disapprove let approximately 20% and 18% of alone discipline staff who abuse grievances were unilaterally resolved their authority in such a manner. by the prison administration, which Along with SCI Dallas, the prisons at does not mean the inmate is Camp Hill, Fayette, Greene, and satisfied. The remainder are denied other control units have made this a or dismissed on their merits or normalized tactic in silencing because of failure on the part of the grievances and intimidating those prisoner to adhere to procedural who file lawsuits. requirements. To put it another way, over 98% of prisoner grievances Grievances are not resolved in a manner that is satisfactory to the inmate.89 Prisoners in the PA DOC have the option of filing grievances regarding The systematic refusal to address staff misconduct and/or inadequate prisoner grievances in an honest and conditions of confinement. The constructive way discourages many initial grievance is handled by an from using the system at all. Those institutional grievance officer, who do learn quickly not to expect appeals go to the Superintendent, fairness. Several prisoners have and the third and final level of reported being told explicitly that appeal is DOC Central Office in 88 Camp Hill. While the formal http://www.cor.state.pa.us/standards/lib/standard s/DC-ADM_804_Inmate_Grievances.pdf. 88 PA DOC Policy DC-ADM 804, Inmate 89 PA DOC Inmate Grievance Tracking System Grievance System, Summary Totals, on file.

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the testimony of guards will be mental health and that its purpose believed no matter the truth of the may be retribution, in which case it matter. Refusal to permit prisoners would constitute cruel, inhuman or to call witnesses or present security degrading treatment or punishment camera footage in support of their (art. 16).”90 claims is as prevalent in the grievance system as it is in the Prisoners in solitary confinement are misconduct process. The hindered from utilizing the frustration, demoralization, and grievance system in other ways as anger engendered by these practices well, including the confiscation and is predictable and of no apparent destruction of necessary paperwork concern to DOC administrators and for filing grievances and appeals in a personnel. timely manner, denial of grievance forms and writing tools, and As evidenced in the preceding administrative refusal to respond to pages, prisoners who file grievances claims in a timely manner. These almost invariably arouse the ire of actions not only deter the possibility staff and consequently find of prisoners obtaining a fair and themselves targeted by retaliatory satisfactory resolution of their actions. HRC/Fed Up! has received grievances within the prison system, countless reports from people which is not a serious possibility in subjected to long-term solitary any event, but serve to frustrate confinement on the basis of potential legal action as well. fraudulent misconducts that were Failure to conform to the procedural issued after the inmate attempted to requirements of the grievance utilize the grievance system. system means that any lawsuit brought regarding the grievance in Given the conditions of solitary question has a higher probability of confinement outlined above and the being thrown out on the technical brutality, filth, racism, and grounds that the inmate did not psychological disorientation exhaust administrative remedies as accompanying such conditions, the required by the PLRA. issuance of fabricated misconducts for retaliatory purposes should be For those who seek justice the PLRA understood as a violation of the and its requirement that Convention Against Torture. The UN administrative remedies be Committee Against Torture, in its exhausted prior to bringing a consideration of a U.S. report lawsuit necessitate that prisoners regarding its compliance with the continue to file grievances. Despite convention, noted in regard to conditions in U.S. prisons that “The 90 Committee Against Torture (CAT), Committee is concerned about the “Consideration of Reports Submitted by State prolonged isolation periods Parties under Article 19 of the Convention, detainees are subjected to, the Conclusions and Recommendations of the effect such treatment has on their Committee against Torture, United States of America,” CAT/C/USA/CO/2, May 18, 2006.

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the all but total improbability of a grievance being resolved and the threat and reality of being subjected to control unit torture, perhaps indefinitely, countless members of PA’s incarcerated population continue to file grievances so that their claims will not be dismissed on technical/procedural grounds.

Survivors of torture and others struggling against the dehumanizing violations of their rights inside the PA DOC need dedicated and organized support from those of us on the outside if their grievances are to be addressed, their rights and lives respected, and those guilty of perpetrating criminal acts against them held accountable. The concluding section of this report summarizes a series of recommendations to be pursued by a broad coalition of current and former prisoners, their families and support people, human rights defenders, and civil society organizations.

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Recommendations—Human Rights and Accountability: Organizing to Enforce the Law

The contents of this report describe power the opportunity to do the an unsustainable and appalling right thing, but imperative to culture of criminal conduct within prepare for the possibility that they the PA DOC. To date, no effective will not. For this task we need a action has been taken by those in mass movement. positions of power to address the human rights crisis inside the prison As an organization comprised of system. The inaction and prisoners, their families and support indifference from DOC and state people, and human rights officials when presented with defenders, we expect these substantial documentation of crimes constituents to be most receptive to of the state can only be understood the following recommendations. as tacit approval at worst or a From this basis of understanding it decision of political expedience at is necessary to build a movement best. throughout communities targeted by twin policies of mass Rather than address our concluding impoverishment and mass remarks to agents and institutions incarceration, reaching out to build of a criminal state we offer the principled alliances with other following recommendations to our sectors of society concerned with allies in civil society as a framework the rule of law, human rights, and for sustained, principled, committed social justice. political struggle. These recommendations are in no way comprehensive and demand further elaboration and integration into a broader movement for the enforcement of human rights law and a corresponding restructuring of the political, economic, and social relationships and institutions that govern our communities and shape our collective future.

Legislators, law enforcement personnel, state employees, and other government officials and employees are encouraged to review and adopt this framework as well. HRC/Fed Up! believes that it is correct to give those in positions of

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Recommendations

1. Investigate and prosecute question of power, thus helping crimes of torture and other generate the necessary cruel, inhuman or degrading preconditions for widespread social treatment or punishment. transformation.

On the basis of the elements and The Convention against Torture and guidelines of international law Other Cruel, Inhuman or Degrading discussed below, prisoners, support Treatment or Punishment (CAT) people, and individual and defines the crime of torture as organizational human rights follows: defenders must make the investigation and prosecution of the For the purposes of this crime of torture a non-negotiable Convention, the term ‘torture’ demand. means any act by which severe pain or suffering, whether The filing of criminal complaints at physical or mental, is intentionally inflicted on a person every jurisdictional level, especially for such purposes as obtaining with the Civil Rights Division of the from him or a third person U.S. Department of Justice, will information or a confession, assist in compiling and preserving punishing him for an act he or a evidence, exposing torture and third person has committed or is related human rights violations, and suspected of having committed, building public and institutional or intimidating or coercing him momentum for accountability. State or a third person, or for any or federal investigative commissions reason based on discrimination created by legislative acts expressly of any kind, when such pain or for the purpose of investigating and suffering is inflicted by or at the instigation of or with the consent prosecuting torture and human or acquiescence of a public rights violations in PA prisons are official or other person acting in other potential avenues. an official capacity. It does not include pain or suffering arising Even if the political realities that only from, inherent in or dictate how the law is or is not incidental to lawful sanctions.91 enforced are not significantly altered soon and our efforts to seek justice State officials and employees who and accountability are denied for the organize, sanction, enable, time being, the preservation of participate in, or otherwise fail to act evidence and exposure of conditions when presented with evidence of inside PA prisons will assist in control unit torture and human creating awareness of human rights law, crimes of the state, and the 91 Ibid. p. 406.

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rights violations not amounting to and State responsibility for torture but rather constituting cruel, victims and their families; inhuman and degrading treatment (b) Identification of measures bear primary criminal responsibility needed to prevent recurrence; for the operation of the prison (c) Facilitation of prosecution and/or, as appropriate, system in the state of Pennsylvania disciplinary sanctions for and demand to be investigated and those indicated by the prosecuted. investigation as being responsible and Article 12 of the CAT mandates that demonstration of the need for “Each State Party shall ensure that its full reparation and redress competent authorities proceed to a from the State, including fair prompt and impartial investigation, and adequate financial wherever there is reasonable ground compensation and provision of to believe that an act of torture has the means for medical care 93 been committed in any territory and rehabilitation. under its jurisdiction.” Article 13 enshrines the right of those Aspects of legitimate investigations allegedly subjected to torture to a identified in the document include prompt and impartial examination of impartiality, promptness, their claims and protection against competence, authority to compel witness testimony and obtain all retaliation.92 available evidence, necessary The UN Principles on the Effective budgetary and technical resources, Investigation and Documentation of physical and psychological medical Torture and Other Cruel, Inhuman or examinations of alleged victims of Degrading Treatment or Punishment torture and other ill-treatment, and the production of a public, written provides further instruction for 94 individuals and organizations report. advocating for investigations and prosecutions of torture and other ill- Investigations conducted in treatment. Principle 1 articulates accordance with internationally the objective of the resolution: accepted standards serve to further the principles articulated in the UN 1. The purposes of effective Basic Principles and Guidelines on investigation and documentation of the Right to a Remedy and torture and other cruel, inhuman or Reparation for Victims of Gross degrading treatment or punishment . . . Violations of International Human include the following: 93 UN Resolution 55/89, see Annex: Principles (a) Clarification of the facts and on the Effective Investigation and establishment and Documentation of Torture and Other Cruel, acknowledgement of individual Inhuman or Degrading Treatment or Punishment. http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N00/564/73/PDF/ N0056473.pdf?OpenElement 92 Ibid. 409. 94 ibid.

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Rights Law and Serious Violations of policing, prosecution, and International Law.95 These sentencing need to be abolished. guidelines specify three core Toward that end community components of accountability oriented strategies involving the constituting the victims’ right to expansion and proliferation of remedies: educational and vocational programs, along with access to (1) Justice: Equal and effective comprehensive and effective access to justice; substance abuse treatment, (2) Reparations: Adequate, counseling, and mental health effective and prompt services need to be at the forefront reparation for harm in the struggle to ensure safe suffered; and communities and public welfare (see (3) Truth: Access to relevant recommendation 6). information concerning violations and reparation Further advocacy efforts relating to mechanisms.96 conditions of confinement can be found in the UN Standard Minimum The guidelines provide further Rules for the Treatment of Prisoners insight into appropriate mechanisms (discussed below). Practical for actualizing the above three measures that can be integrated into components. From this framework the demands and development of a human rights defenders can create mass movement for implementing and implement strategies to hold human rights standards throughout the PA DOC accountable to the rule the criminal legal and broader of law and seek justice for victims of social, political, and economic severe human rights violations. systems include the following:

2. Restructure the criminal • removal of arbitrary visitation legal system according to restrictions, especially the international law. limits in number of visits and the policy of non-contact In order to effectively prevent visitation for those in solitary torture and other human rights confinement and on Death violations inside PA prisons it is Row; necessary to restructure the entire • all visits should permit contact criminal legal system so as to ensure and prisoners should never be that it conforms to international law. handcuffed or shackled during While it is beyond the scope of this a visit; in exceptional report to engage in an extended circumstances appropriate analysis of the issues involved, it is alternative practices can be sufficient to note that race and class adopted to ensure the health based policies and practices of and security of prisoners, visitors, and prison personnel 95 Brownlie and Goodwin-Gill, 275-282. while simultaneously 96 Brownlie and Goodwin-Gill, 279.

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permitting contact and citizens, acting on their own prohibiting the use of or in coordination, to remedy handcuffs and shackles; grievances and ensure the • permission for visitors to be realization of human rights on more than one prisoners law in the operation of the list per institutions so as to prison system; remove undue obstruction to • establishment of an prisoners’ rights to maintain independent monitoring contact with family and agency whose personnel, support people and services; methods of operation, tactics • expansion of the PA official and strategies for visitor status program, implementing human rights currently mediated through standards, and spokespeople the PA Prison Society, so as to shall be accountable to permit all citizens, especially prisoners, their families, and human rights defenders, the the populations most opportunity to visit any impacted by mass prisoner willing to receive incarceration; such an agency them with full and un- must have access to mediated legal authorization constitutional and human and recognition of such status rights lawyers and be granted as a basic human right; legal authority to subpoena • geographic re-organization of witnesses and evidence and the prisoner population so as file criminal complaints to enable more frequent requiring a mandatory visitation and continuing investigation and prosecution interaction with a prisoner’s when dictated by available family and community; evidence. • immediate moratorium on prison construction and Taken individually each of these diversion of funds to proposals serves to strengthen the vocational, educational, others. Taken collectively these counseling, substance abuse suggestions provide the basis for a treatment, and mental health restructuring of the prison system services and programs; along rehabilitative lines and human • creation of associations of rights principles. human rights defenders inside (see recommendation 4) and As noted in section 3 of this report, outside the prison to monitor, article 10(3) of the International document, and publish Covenant on Civil and Political reports of alleged human Rights (ICCPR) mandates that “[t]he rights violations and penitentiary system shall comprise procedures being advocated treatment of prisoners the essential or enacted by prisoners, PA aim of which shall be their DOC and state officials, and

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reformation.”97 The UN Standard • adequate access to natural Minimum Rules for the Treatment of light and recreation; Prisoners (SMRTP) provides the • healthy and filling food supporting framework for realization portions; of article 10(3) of the ICCPR. • medical services “organized in close relationship to the Articles 58 and 59 of the SMRTP general health administration articulate the common sense of the community”; underlying article 10(3) of the • impartial and fair disciplinary ICCPR: and grievance procedures; • prohibitions on use of 58. The purpose and handcuffs, chains, irons or justification of a sentence other instruments of of imprisonment or a restraint as punishment; similar measure • prohibition on excessive deprivative of liberty is force or violence for the sake ultimately to protect of punishment; society against crime. • access to educational and This end can only be religious materials; achieved if the period of • respect, encouragement, and imprisonment is used to facilitation of contact with ensure, so far as possible, family and social service that upon his return to agencies; society the offender is not • access to work and vocational only willing but able to training and opportunities lead a law-abiding and that develop skills and self-supporting life. qualities of self-sufficiency 59. To this end, the institution vital to social reintegration; should utilize all the • observation and treatment of remedial, educational, prisoners suffering from moral, spiritual and other mental health needs in forces and forms of “specialized institutions assistance which are under medical appropriate and available, management.”98 and should seek to apply them according to the Rule 55 stipulates that [T]here shall individual treatment needs be a regular inspection of penal of the prisoners. institutions and services by qualified and experienced inspectors Some of the minimal standards appointed by a competent authority. enumerated in the SMRTP include Their task shall be in particular to those relating to: ensure that these institutions are administered in accordance with • clean living conditions;

97 Brownlie and Goodwin-Gill, 362. 98 Ibid. 29-44.

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existing laws and regulations and mechanism whereby they can pledge with a view to bringing about the to adhere to the principles outlined objectives of penal and correctional in the Universal Declaration of services.” Human Rights, the Declaration on Human Rights Defenders, and other 3. Encourage prisoners to form relevant aspects of human rights associations for the defense principles, practices, and law. of human rights. Human rights defenders inside the prison can further state their The PA DOC currently recognizes intention to work for human rights prisoners associating in any form by exercising their constitutional and for any reason as a disciplinary prerogative to file grievances and/or infraction of sufficient cause to lawsuits, document and justify indefinite/permanent communicate violations to outside placement in solitary confinement.99 agencies, or other peaceful means Such a policy prohibits prisoners of seeking resolution. from exercising core rights and needs of human personality, which Such a declaration of intentions and include the right and need to principles by prisoners supportive of interact and make collective and adherent to the protection of decisions in any given social setting. human rights and fundamental By depriving prisoners of the ability freedoms contains many positive to adequately associate, rather than attributes. Perhaps foremost among say prohibiting organization for these is that in working with harmful or illegal ends, the PA DOC prisoners to collectively formulate is sabotaging the most elemental and develop human rights literature features of self-supportive, self- and curricula those incarcerated and empowered, and socially responsible non-incarcerated men and women behavior necessary for social engaged in this process will be reintegration. encouraged to nurture recognition of and respect for the human rights Building on the recommendations of all. Prisoners who in the past above, another element that will have engaged in acts of violence and enhance these efforts is the creation deceit against family and of associations for the defense of community, prisoners and prison human rights inside the prisons. personnel, will have a much greater Based on the rights articulated in the likelihood of avoiding such personal UN Declaration on Human Rights and socially harmful behaviors in the Defenders (see Recommendation 5), future. prisoners in correspondence with human rights organizations and The potential impact on recidivism is advocates need to be provided a significant and human rights oriented educational and vocational 99 PA DOC Policy DC-ADM 802, programs should become mandatory Administrative Custody Procedures, section aspects of a genuine rehabilitative 1(B)(2)(e).

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and preventive approach to crime. confinement units in the PA DOC are These programs will not be never operated in accordance with effective, or will be severely policy and law. Rather, solitary diminished in potential, if prisoners confinement units by design or are not given a central role in default generate severe human shaping the curricula and practices rights violations against prisoners so as to address their own individual and criminal conduct on the part of and collective needs and problems. PA DOC personnel. Physical abuse and assault, sexual harassment and Prisoners’ rights to exercise all violence, overt and malicious racism, necessary rehabilitative ends needs psychological torment, medical to become another non-negotiable deprivation, starvation, exposure to demand that we can initiate dangerously un-hygienic conditions, immediately. This requires building constant intimidation and mass social support for the retaliation, and the subversion of protection of human rights prisoners’ due process rights are defenders inside the prison so as to normative features of the regime of prohibit retaliation and intimidation. solitary confinement operated by the There is no need to wait for PA DOC. permission from the state to exercise our basic right to create If the PA DOC wants to honestly and implement educational address institutional security then programs and strategies for the they are required not to implement defense of human rights in and enable policies and practices of partnership with prisoners. dehumanization that guarantee future antagonisms and violence 4. Abolish solitary between prisoners and prisoners, confinement. prisoners and prison personnel, and former prisoners and the public Solitary confinement as currently once the former are released into instituted by the PA DOC constitutes the community. Prisoners who torture, cruel, inhuman and engage in disruptive and/or violent degrading treatment and is strictly behavior can be separated from the prohibited by international law.100 general population while still being Ongoing investigations and permitted ample opportunity monitoring of conditions of everyday to engage in supervised confinement by HRC/Fed Up! congregate activities and provided provide an unassailable basis for the access to educational and creative conclusion that the solitary stimulation. If an altercation ensues that requires physical intervention

100 on the part of prison staff and the see Rodley and Pollard, The Treatment of Prisoners Under International Law, Third isolation of an individual, the period Edition, (2009) chapter 2, for discussion of the of segregation needs to be as prohibition of torture as constituting a limited as possible and counseling ’peremptory norm’ of international law binding staff and access to mental on all states in all circumstances.

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stimulation need to be provided to power: who holds it, how it is the disturbed person as soon as defined, to what ends it is used, how possible. Psychotically violent are decisions made, who suffers the prisoners need greater attention, consequences and who reaps the not severe isolation, primarily in the benefits. Given the controlling form of intensive mental health power of concentrated wealth and treatment conducted in a secure the human rights violations that mental-health institution. always occur when too few people hold too much power, we must There is no legitimate basis for the realize that the protection and state of Pennsylvania to be expansion of human rights depends operating a regime of control unit upon the power of the movement to torture under the color of law. redistribute and redefine social, Those in positions of executive economic, and political power. authority in the state of Pennsylvania and its Department of Providing a basic framework for the Corrections are guilty of protection and expansion of a perpetrating crimes against human rights culture is the UN humanity. Declaration on the Right and Responsibility of Individuals, Groups The abolition of solitary confinement and Organs of Society to Promote is a necessary prerequisite if the and Protect Universally Recognized state of Pennsylvania and the U.S. Human Rights and Freedoms.101 are to adhere to the Convention Also known as the Declaration on against Torture and Other Cruel, Human Rights Defenders, this Inhumane and Degrading Treatment document outlines the rights and or Punishment. responsibilities of people in their personal, vocational, and communal 5. Create a culture of human roles toward the observance and rights defenders. realization of human rights.

Human rights are not and never This document proclaims have been the gift of benevolent “[e]veryone has the right, authorities, but have been won individually and in association with through decades and centuries of others to promote and to strive for human struggle against cruelty, the protection and realization of exploitation, and oppression. For human rights and fundamental this reason those of us concerned freedoms at the national and with the rights and lives of prisoners international levels.” Also enshrined need to deepen our understanding are the rights to peaceful assembly, of and participation in movements formation and participation in non- for social justice. governmental organizations dedicated to the defense of human Any human rights movement has to address the fundamental question of 101 Brownlie and Goodwin-Gill, p. 230-236.

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rights, and the right to obtain and One practical application of this disseminate information relating to document is for civil society the rights and freedoms of people.102 organizations, including human and civil rights groups, communities of Outlining responsibilities of States, faith, educational associations, legal article 15 declares: service providers, and others, to act in accord with the role described in The State has the responsibility article 16 in order to compel the to promote and facilitate the observance of article 15 by the State teaching of human rights and at every level of jurisdiction. fundamental freedoms at all levels of education and to ensure Toward this end the formation and that all those responsible for strengthening of human rights training lawyers, law enforcement officers, the alliances, development of curricula personnel of the armed forces and training programs on human and public officials include rights, and the articulation and appropriate elements of human implementation of organizational rights teaching in their methods for enforcing international programs. human rights law must become our highest priority on individual, Complementing these community, social, national, and responsibilities are those accorded international levels. Our success in to non-state actors in article 16: this endeavor depends wholly on the degree to which popular political Individuals, non-governmental education and organization organizations and relevant strengthens and expands a culture institutions have an important based on the recognition and role to play in contributing to defense of universal human rights making the public more aware of for all peoples. questions relating to all human rights and fundamental freedoms through activities such as 6. Enforce the Universal education, training and research Declaration of Human Rights in these areas to strengthen and Make Prisons Obsolete further, inter alia, understanding, tolerance, peace Any set of policies and institutions and friendly relations among that generate greater and not less nations and among racial and incarceration are clear failures. religious groups, bearing in mind Existing economic structures the various backgrounds of the exacerbate inequality and force ever societies and communities in larger numbers of the population to which they carry out their activities.103 engage in occupations—such as prostitution, drug-dealing, burglary—that have been criminalized for their very survival. 102 Ibid. Articles 1,5, and 6. 103 Ibid. p. 235.

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The solution to addressing profound Article 3: Everyone has the right and deliberate inequalities in socio- to recognition everywhere as a economic power relationships is to person before the law. organize mass political movements to redistribute and redefine wealth The remainder of the UDHR and and power. subsequent international treaties and UN resolutions and declarations More extensive discussion and articulate a body of principles that analysis of the necessity of such a constitute an international order of movement is beyond the scope of legally binding rights and this document, though it is responsibilities and guidelines for sufficient to note that the basis for their realization. Human rights and education, organizing, and action in responsibilities represent an this respect can be found in the interdependent cluster of Universal Declaration of Human conventions and customs universal Rights (UDHR) and related in their application. Amongst these conventions and documents of are the following categories of international human rights law.104 human rights:

The basis of human rights • Civil Rights – Equality before conventions, customs, practices, and the law and throughout ideology are embodied in articles 1- society is to be enforced by 3 of the UDHR: strict observance of due process rights, equal access to Article 1: All human beings are impartial and transparent born free and equal in dignity court proceedings, and and rights. They are endowed prohibition on discrimination with reason and conscience and on any basis, including race, should act towards one another gender, sexual orientation, in a spirit of brotherhood. religion, political affiliation or opinion, and class. Article 2: Everyone is entitled to • Political Rights – These include all the rights and freedoms set the right for all social groups forth in this Declaration, without to equal access to and distinction of any kind, such as race colour, sex, language, participation in democratic religion, political or other elections, freedom of speech opinion, national or social origin, and assembly, along with the property, birth or other status. institution of practices and structures for ensuring substantial and self- determining political power for all peoples. Self-

determination is the core of 104 Ibid. 23-28. See this source for other resolutions, declarations, conventions, and other international human rights documents that guide and structure basic law, as it is a prerequisite for international human rights law. developing liberated,

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democratic, and sustainable fulfillment of the right of self- societies in which individuals determination can be found in and communities have the sexual rights, which include power to make decisions the right to have or not have accorded to the degree in children, the right to marry which those decisions impact and when, same-sex rights, their lives and communities. trans-gender rights, rights to • Social and Economic Rights – birth control and abortion, the One’s choice of labor and right to sexual pleasure, and right to equitable the right to define families.105 compensation for their work, the right to form unions, When interdependent communities along with rights to social have won the power to organize security, food, housing, health their own economic and political care, and education constitute institutions and activities in fundamental social and harmony with the earth so that basic economic rights. rights to life, health care, education, • Cultural Rights – These food, housing, sexual orientation guarantee cultural integrity to and practice, due process and equal all peoples in the exercise of access to and equality before the their religious, linguistic, and law, and an ecologically sustainable other customs and practices environment are universally integral to their identities and recognized and realized by and for way of life. everybody, prisons will be • Environmental Rights – These unnecessary. include the rights to clean and ample water, freedom from Immediate steps toward this end pollution, clean air, protection involve the development and against climate implementation of de-carceration destabilization, protection of strategies geared at localizing the forests and marine life, economy along ecological and respect for the ecological democratic bases. Alliances with balance necessary to sustain community organizations, small- human and non-human life. scale producers, organic and These rights in combination sustainable farmers, teachers, health with rights to equality and life care workers, communities of faith are violated whenever communities – particularly 105 indigenous communities and Special gratitude to our allies at New Voices communities of color the Pittsburgh: Women of Color for Reproductive Justice for clarifying and strengthening our world over – are selected as conception and understanding of human rights. sites for toxic industrial Also, thank you to Sister Song: Women of Color processes and deposits. for Reproductive Justice for producing the 8 • Sexual Rights – Another vital Categories of Human Rights worksheet that component toward the provided some of the basis for the breakdown of human rights in this section.

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and other individuals and groups peoples in liberated communities supportive of basic human rights inhabiting a livable planet. suggest a way to link diverse movements, social institutions and agencies, and people.

Ultimately, and not too far in the future, the question of power must be effectively confronted by human rights alliances at every jurisdictional level, from community to municipal to county to state to national to international. The human rights movement needs to redefine power and shape the structures that govern social and economic activity so that the Universal Declaration of Human Rights can be fully realized by free

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Appendices

Appendix I

Case Study: Anthony Singleton—“I have relapsed. Daily the thought of killing myself is there.”

Anthony Singleton first contacted our office while at SCI Dallas. Since that time he has been transferred to SCI Fayette, where years before he witnessed a friend of his commit suicide by hanging. Immediately upon his transfer to Fayette guards began a campaign of harassment against him because of complaints made by Mr. Singleton to the Governor and others about violations of his rights at SCI Dallas. Other staff, remembering Mr. Singleton from his prior time served at Fayette, already had a pre-existing antagonism toward him. The reports presented below regarding the treatment of Mr. Singleton, which has been corroborated by several other prisoners confined in the solitary units at Fayette and Dallas, illustrates how patterns and practices of human rights violations migrate throughout the state’s control units.

David F. Kelly Bey (HE-7413) wrote on 7/1/09,

“Anthony Singleton… is intentionally being harassed by the prison guards here at Fayette SCI… on several occasions prison guards have come to Mr. Singleton cell and asked him I quote “You can’t hang it up yet?” “Just go and kill yourself” “If you need some help or a rope to put around your neck, that would end all your problem nigger!” I spoke with Mr. Singleton who has explained to me that he think about killing himself because he cannot sleep…[the] noise is stressing him out and the fact that he was housed on this block in the past and witness another inmate killed himself and as a result it has caused him mental torment and trauma…every time he falls the sleep he is haunted by the act of witnessing this inmate physically kill himself on this very same unit… These officials has made threats on several inmates lives that if they ran their mouths they will not be able to tell shit again to no one.”

In a Declaration submitted to HRC/Fed Up!, Anthony Singleton wrote about some of his experiences with control unit torture:

I, Anthony Singleton, swear or affirm according to the Law that the below is true to the best of my knowledge.

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You ask me for as complete and comprehensive as possible my time spent in the LTSU [Long-Term Segregation Unit] at Fayette—as to the date I went in the LTSU I can’t remember, perhaps memory loss. I was at SCI Pittsburgh around 1998, in population, got in some trouble and went to their RHU [Restricted Housing Unit]. They transferred me to Greene County SMU. I was at Greene SMU . . . from 1999 to 2001, failed the SMU [Special Management Unit], developing mental health problems [such as] not being able to sleep due to the 24 hour banging of other inmates on the doors of the desk over top of me, beside me. This would go on for days and nights, then weeks at a time. Some staff member who disliked me would give inmates extra food trays to harass me, threaten to kill me, throw shit on me in the showers and yard. I was then transferred back to SCI Pittsburgh up on the roof where they housed the LTSU inmates. This had to be like 2002. As to dates and times I tried to kill myself, I couldn’t tell you the many attempts. Some nights I’d have to be driven to the hospital. I once stood in front of the nurse and an officer while waiting on medications, and broke my finger in front of them. At some point we were transferred to SCI Fayette because Pittsburgh was being closed down. The same type of treatment was repeated daily. I had shit thrown on me, I had rocks placed in my food, I was encouraged by staff to kill myself, which I tried again and again. Even the Psychologist Dr. Saaverdra tried to get me to kill myself, which I attempted and left a note as to his action toward me which would be a part of record as I filed a grievance all the way to Camp Hill. I went through hell. I had a friend whom I became very close to, Juda. He only had three years left before it was time for him to go home. He was with me at Pittsburgh LTSU and when we moved to Fayette’s LTSU. At Fayette I would watch and listen to Juda ask Dr. Gary Gallucci, who is now the Head of the psych department, for help. He would inform Dr. Gallucci that it was too much pressure on him and that he couldn’t handle any more. He begged, pleaded with Dr. Saavadera, but received no help, would be told “take it one day at a time.” Juda and I would stay up late some nights trying to talk over the banging. One morning they were passing out the meal and his sheet was covering his door. I called over to him 6 or 7 times because if the door is covered you can’t eat. I knew something was wrong. I told both officers that his sheet had been up all night and to take it down and check on him. When they pulled it down, Juda was standing partly bent. He didn’t look dead but he wouldn’t move. Then I saw the string around his neck. Anyway, he was gone. That pushed me over the edge. To this day I cannot sleep with any light completely off. I scream in the dark. While in Fayette’s LTSU I was denied yard, shower, food. The medical/psych staff were paid for nothing. I started hearing Juda’s voice, seeing him laying there. He would ask me to do as he did, encouraging me to get it over. One night I broke the glass out my eyeglasses, and cut across my arm and veins in an attempt to kill myself. I received 12 stitches across my arm. I have been on psych meds for over 9 years. Upon returning to SCI Fayette, which I should not [have], I informed pscyh Dr. Galluci and Dr. Saavadera that I cannot go through this again. This same staff who antagonized me, who showed such hostility towards me, harassed me, is now doing the same and [they] have housed me on the same L-block where Juda killed himself and I made many attempts to do likewise. It is now an SMU and I should not be

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housed on the same unit/block with SMU inmates. I am daily reliving my past, my meds were cut off at SCI Dallas by Dr. Jane Jesse because she lied and said she didn’t have my records. However, now I’m receiving prozac and thorazine but no voice meds which [are] much needed. At night there is Juda sitting on the floor with the rope around his neck, grinning, asking me why didn’t I get it over with when he did. When I try to block him out he passes in front of me. Never once was I sent to a Mental Health Unit nor was I sent to Waymart for an evaluation, nor the Secure Special Needs Unit program. I’m being denied the right to go to my property to retrieve whatever grievances, documents, I have of my time spent in the LTSU. I’m being given false misconducts to prevent me from reaching population. I’m being retaliated against for reporting violations done to me at SCI Dallas. I have relapsed. Daily the thought of killing myself is there. Here an exhibit of what the psych do to help, which is nothing but come to your door to merely be seen on film as if they were helping you. Here a prescriptive treatment program evaluation which is no more than a joke, something that should have at least taken 30 days, was done in sessions of 1 hour each. It was simply the reading and answering questions from a book. It just shows how little they cared and care. They are trying to force me to kill myself. Now it is a known fact that I suffered from suicidal depression, caused to me by the event at Fayette’s LTSU. I should not be exposed to these conditions inside the now SMU at Fayette. Capt. Leggett, Lt. Lear have given orders that I’m not to leave the RHU ever [while] here at SCI Fayette.

Anthony Singleton #CW8923 7/5/09106

HRC/Fed Up! sent urgent notices to the Superintendent of SCI Fayette, the Director of the PA DOC’s Office of Professional Responsibility, James Barnacle, DOC Secretary Jeffrey Beard, and Governor Edward Rendell regarding Mr. Singleton’s suicidal condition and his need for immediate and intensive mental health care. The plea was ignored by all. In the coming weeks Mr. Singleton attempted suicide on two occasions: once by hanging in July, and on October 2, 2009 he set his cell and possibly himself on fire. He has consistently been held in a hard cell,107 deprived property, given additional misconducts, been called racist slurs, and encouraged to kill himself. His current and past conditions of mental illness have been confirmed by visitors, family, and fellow prisoners. He has also been taken off medications he has found helpful for his refusal to take medications he finds detrimental. Despite repeated hunger strikes he is still being denied mental health care.

The deterioration in Mr. Singleton’s circumstances is directly related to his treatment by RHU staff and officials at SCI Dallas. As conditions at Dallas worsened Anthony and his family and outside support pressed for the transfer that led him back to Fayette. Recounting his experiences at Dallas, on 3/4/09,

106 Declaration of Anthony Singleton #CW8923, submitted to HRC/Fed Up!, July 2009, on file. 107 “Hard cell” refers to a barren cell with no property, linens, and sometimes without a mattress.

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Singleton wrote:

“At any rate, I was never given these due process requirements and instead I have been placed in the RHU where I am repeatedly taunted by officers who smell strongly of alcohol, being called faggot, dick eater, sodomite, etc. I have seen inmates and had my water turned off for days where I couldn’t flush my toilet, couldn’t wash, or get water. I’ve had my trays denied to me and seen it done to other inmates. I’ve had officers threaten to run into my cell and beat me down and am aware that it has been done during my time down here where an officer had an inmates’ door opened and entered his cell by himself in a L-5 housing unit to assault another inmate. Staff destroy inmate’s property, leave the yard door open during showers and while we are in our cells to freeze out inmates in the hole. I have seen inmates put in cells with mental health single cells inmates so that they fight each other while the officers make bets. I have had officers tell me and another mental health inmate that they would make me kill myself by grinding me up while knowing I have a mental health history. I have filed grievances that are not responded to, falsified, or outright fabricated in an effort to deny due process. The officers threaten inmates with retaliation in the form of falsified misconducts (usually threatening), or denial of food, water & showers. They flood cells to soak our property and legal work etc. Allow officers to sit in on disciplinary hearings and participate without being part of the hearing tribunal, and destroy or ignore all appeals.”

Singleton later (4/12/09) noted that he is receiving politically motivated treatment because of complaints he submitted to the governor and other attempts to file grievances. Prisoners sometimes report that those who are incarcerated at SCI Dallas are treated worse if they do not have outside support. Singleton wrote, “where they see you have no OUT side support they turn up their grind.”

Appendix II—What good is a jury? by Andre Jacobs

In November 2008 I acted as my own attorney in a civil action against the Pennsylvania Department of Corrections (D.O.C.), which involved the unlawful seizure and destruction of my legal materials by prison officials in retaliation for exercising my First Amendment right under the United States Constitution to seek redress of my grievances. On November 24, 2008, an eight (8) member jury exonerated ten (10) D.O.C. employees after three days of deliberation and entered verdicts in my favor against Carol A. Scire, Gregory Giddens, and Thomas McConnell on claims of conspiracy, retaliation, obstruction of access to courts, and defamation of my character. I was awarded $185,000 in compensatory and punitive damages, property damage, and harm to my reputation.

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On September 21, 2009, on a post-verdict motion filed by Attorney Scott A. Bradley, Federal District Court Judge Joy Flowers Conti ran afoul of my 7tlh Amendment right under the U.S. Constitution to a trial by jury and overrode the jury’s conclusion that defendants Scire, McConnell, and Giddens conspired to violate my federal rights and that, despite clear evidence that defendants seized and destroyed my legal property and fabricated official state documents in an attempt to conceal it, no violation of my right to access the courts occurred. This resulted in a $70,000 reduction on the jury’s award, stripping me of my due process rights and a verdict won fair and square.

Although I am the first prisoner to win a verdict this big in the history of litigation against the PA DOC, none of the newspapers are reporting to the public these silent and catastrophic attacks on this verdict for all concerned with prisoners’ rights and the jury’s right to not have their factual determinations re-examined by any court. What good is a jury if a dissatisfied judge can alter their decision and replace it with her own?

Within days of the verdict spreading like wildfire, prison guards began a campaign of harassment against me and buried me in solitary confinement with their false disciplinary reports against me. Then, by order of the Commissioner of Corrections himself, Jeffrey A. Beard, I was officially placed on Restricted Release, which means I’ll remain in solitary confinement until I’m released from prison or I die. This decision was made with full awareness of the known adverse side-effects of solitary confinement, my diagnoses of dystmia and post traumatic stress disorder, and the August 24, 2009 suicide of Matthew Bullock in SCI Dallas’ Solitary Confinement unit where I am also housed. Mr. Bullock was mentally ill and was being subjected to psychological torture by corrupt prison guards who are serial offenders but are never punished. These same guards routinely starve me of food, have twice assaulted me on video and have threatened me with more attacks and eventual death.

As recently as October 1, 2009, the same attorney I defeated at trial, Scott A. Bradley, of the Pennsylvania Attorney General’s Office, has ridden on the momentum of sabotaging my victory by asking that the Court reduce the remaining $115,000 to as little as $500. If this perversion of justice and the jury’s verdict is to continue, I call on every organization, attorney, and member of society to assist me in educating the world in what goes on behind the jury’s back in America.

“Though the heavens fall, let justice be done”

Appendix III—Seeking Accountability

Efforts to advocate on behalf of prisoners, expose reports of human rights

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violations and torture to the public and state officials, and seek accountability have been ongoing since the initiation of HRC/Fed Up!’s investigation into conditions of confinement at SCI Dallas. These measures have built upon and coincided with other ongoing efforts to generate exposure and demand accountability for criminal violations of prisoners’ human rights throughout the PA DOC. To date the PA DOC, Luzerne County DA Musto, PA Attorney General Corbett, Governor Rendell, and the PA General Assembly have failed to launch legitimate investigations.

The Other Inauguration Celebration

An April letter sent to each member of the PA legislature along with the Governor requested the convening of public hearings that would serve as the initiation of a process to investigate and overhaul a system rooted in brutality and damaging to public security and welfare. The communication began with a description of multiple assaults of a retaliatory and racist nature orchestrated to coincide with the inauguration of Barack Obama:

On January 20, 2009, the same day that Barack Obama was being inaugurated as the first Black President of the United States, white guards under the command of Unit Manager Christopher Chambers engaged in a series of beatings against six black men confined in the Special Management Unit in the State Correctional Institution at Camp Hill (SCI Camp Hill). Under the pretext of conducting cell searches Correctional Officers (C/O) Liddick, Brant, Zeigler, Sergeant Maxwell, and Lieutenant Kuzar, along with others, removed Gary Tucker, David Smith, Damont Hagan, Ronald Jackson, Willie Robinson, and Jamar Perry from their cells, attacking them with mace and electro-shock weapons, stripping them naked, and subsequently holding them in bare and filthy cells without any property or clothing for 6 full days. Most of them remained covered in mace, several were bleeding, and all were denied medical attention.

Over half a dozen witness Declarations signed pursuant to the penalty of perjury, along with additional informational reports, testify to the grim details.

The reasons behind these assaults were best articulated by C/O Liddick when, according to several eyewitnesses, he approached Gary Tucker’s cell prior to the attack and stated, “Since this guy likes filing grievances [against staff], let’s make an example out of him.” Lt. Kuzar provided further evidence of racist motivations when he stated over the unit loudspeaker on January 20th, “He [Obama] may have won, in my eyes he’s still a nigger. . . . There will be no showers or yard today. We are going to show you niggers who run this SMU.”108

This was followed by a trip to the state capitol in Harrisburg by a coalition of 25 family members of PA’s incarcerated population and human rights defenders. The offices of 100 representatives were visited and each was presented with

108 HRC-Accountability Council in Defense of Prisoners’ Rights and Lives, letter to PA General Assembly, April 9, 2009, on file.

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documentation of human rights violations, a letter outlining immediate steps for addressing the crisis, information on solitary confinement, and information to aid legislators and staff members in conducting tours of prisons and interviews with prisoners.

Of the 253 representatives and senators in the PA General Assembly who received the letter, and the 100 who received substantial additional information when we went to their offices, only one notified us of their making an inquiry into the matter. In a letter sent to PA DOC Secretary, Jeffrey Beard, Philadelphia Representative Babette Josephs noted: “If [HRC’s reports of inhumane treatment of inmates are] true, this alleged poisonous behavior amounts to human rights violations that are more commonly identified in the prison systems of authoritarian or totalitarian states, not to those in our nation.”109 She went on to call on Beard to “provide assistance in investigating these matters fully.”

The only forthcoming action was initiated by House Judiciary Chairman Thomas Caltigirone, who convened an “Informal Informational Roundtable” involving 9 of the 28 House Judiciary Committee members, a handful of other representatives, senators, and aides, PA DOC Legislative Liaison John Coyne, and James Barnacle, Director of the Office of Professional Responsibility (OPR) for the PA DOC.110 The public, including HRC, was prohibited from attending.

According to the Roundtable meeting minutes, the discussion revolved around descriptions of OPR’s procedures for investigating reports of prisoner abuse and the incident on January 20th. Director Barnacle stated that reports of abuse were investigated when in fact the prisoners subjected to the attacks have consistently denied ever having been interviewed by OPR.111

In a notarized affidavit from June 15, 2009 submitted to HRC/Fed Up!, Gary Tucker wrote: “Throughout the course of this ongoing investigation I was never interviewed and to date I still haven’t been interviewed. Nor was a statement taken from me or any of the other victims who were extracted on 1.20.09.” The affidavit also notes that he sent letters regarding his claim of excessive force to Secretary Beard, Regional Deputy Secretary Shirley Moore-Smeal, and OPR Deputy Director David Novitsky. Mr. Tucker then claims that James Barnacle wrote him on March 6, 2009, acknowledging receipt of his letter and informing him that he would be notified of the results of the investigation upon its completion.112

Not until six months after the incident, and subsequent to Director Barnacle’s assertions at the Roundtable meeting, on July 22, 2009 was Gary Tucker

109 Letter to Secretary Jeffrey Beard from Representative Babette Josephs, April 28, 2009, on file. 110 The Office of Professional Responsibility is the internal investigative agency of the PA DOC. 111 PA General Assembly House Judiciary Committee Minutes, May 18, 2009, on file. 112 Affidavit of Gary Tucker, June 15, 2009, on file.

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interviewed by OPR. Mr. Tucker says he was visited by Mr. Ellis, who had in his possession the affidavit cited in the above paragraph, which had been sent to approximately 70 state legislators at the beginning of July. On the same day he was finally interviewed by OPR he received notification that his grievance in this matter had already been denied three weeks earlier.113

How can James Barnacle discredit prisoner reports of abuse in front of the House Judiciary without having interviewed those reporting the abuse and their witnesses? Why would OPR bother to interview Mr. Tucker after a formal decision regarding his grievance had been determined?

Investigations lack legitimacy when they fail to interview prisoners and their witnesses, withhold security camera footage from prisoners, legislators, and the public, and refuse to produce documentation as to the contents of the alleged investigation for public scrutiny.

113 Correspondence from Gary Tucker, July 31, 2009, on file.

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