Surviving Hepatitis C in AZ Jails, State Prisons, and Federal Detention Centers.

Surviving Hepatitis C in AZ Jails, State Prisons, and Federal Detention Centers.
The "Hard Time" blogspot is a volunteer-run site for the political organization of people with Hepatitis C behind and beyond prison walls, their loved ones, and whomever cares to join us. We are neither legal nor medical professionals. Some of us may organize for support, but this site is primarily dedicated to education and activism; we are fighting for prevention, detection, treatment, and a cure for Hepatitis C, particularly down in the trenches where most people are dying - in prison or on the street... Join us.

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Showing posts with label cruel and unusual. Show all posts
Showing posts with label cruel and unusual. Show all posts

Monday, December 13, 2010

Resist Abuse and Conditions of Confinement: Solidarity with Georgia's Prisoners.


Where have I been the past few days? (Sleeping or hanging out at Conspire, I guess.) Hooray for the Georgia Green Party for posting the prisoners' Press Release!!! I'm re-posting it here because it's both historic and phenomenal.


Do we have any political parties with similar guts in AZ? Our prisoners are suffering, too.


Anyway, this is how it began, folks - the massive prisoner resistance to conditions of confinement in Georgia. I'll be posting updates soon (here's a quick one - the fight goes on!).


Arizona prison families and friends: keep in close touch with your loved ones and talk up what's going on at Prison Talk and all the blogs. I'm hearing that surveillance, strip searches, and over-all security has been dramatically stepped-up in recent days, and yards are being locked down for "no apparent reason"....well this is the reason. I bet it's happening all over the country - nothing freaks out jailers more than non-violent resistance and reasonable demands.


Those sixteen women at Perryville who protested being locked down in September all got cuffed up and put into detention as soon as we stopped paying attention, by the way, and the whole yard (Santa Cruz) was screwed for quite some time. Those women still are, really. I originally posted on the Santa Cruz women's protest here, but recently edited it out because I had given too much credit where it wasn't due (to the General Counsel at the ADC). I planned to revise it (and will soon) - I just didn't want my correspondents to get into even deeper trouble. There are still a couple of posts from that month about Perryville conditions (both before and after the protest). I even tried to get Oprah out there.


We need to keep a close eye on both the Georgia resistance and the Arizona Department of Corrections (and all the county jails) reactions - they're going to do whatever they have to in order to make every prisoner look mean and violent to justify their own brutality, if need be - don't believe the BS for a minute if things do get ugly. Call those numbers in Georgia, please, to tell them those prisoners better not get hurt - let them know they'll be held accountable for their crimes, too.


As for this place: if you're hearing real bad stuff from your loved ones locked up here in Arizona, don't just hit the chat rooms and leave it at that: put your complaints in writing to the ADC's General Counsel, Karyn Klausner, and copy it to your legislator, if you think you can trust them not to do something stupid. Follow up with their office, however it turns out; just make a point of addressing the ADC's general counsel directly with serious (urgent health/safety) concerns - and call her people if you don't get a response in a reasonable period of time.



Don't bother with the Governor's staff or the Office of Constituent Services at the ADC, by the way, unless you're talking about visitation hassles, mail being delayed, the cost of phone calls home, etc. Even if your complaint is about upper administration at the prison or guard harassment and you haven't had success at the warden's level, they'll still just pass it back to the people you're complaining about (with the message for them to "deal with it", basically) and someone may get hurt. The legal team at the ADC is there to keep the state from getting sued, so they would be inclined to exercise better judgment, in my unschooled assessment. Here's the ADC's Constituent Services' handbook for friends and family, though, so you know what their standard procedure is for families to address concerns (it's even been updated within the past month).


Prisoners should really file formal grievances about their mistreatment, if they dare to - if they're being threatened, placed in danger, or otherwise retaliated against, report that in your letter to the ADC attorney, or feel free to contact me and we'll strategize about your options - just know that I have no legal training and I'm learning all this from other families as we go.


I include that disclaimer because even legitimate, responsible resistance to the state can be especially dangerous to people in prison - I also have no friends in high places, politicians in my pocket, vast sums of money (I barely scrape by) or other ways of protecting people. I can't promise success; I am an antagonist more than I am a diplomat, so consider what strategies you want to employ carefully.

All I can really offer is what I've gleaned from my experience as an advocate for people who are homeless or imprisoned (including someone I love), the visibility of my blogging and street activism, and the power of a growing network of prisoners and their loved ones - including those presently in litigation with the ADC, some for wrongful deaths. I'm a community organizer and do believe that together we are strong - but no one is invincible (including the state...).


The Day the Fascists Came to Town
November 14, 2010. W. Jefferson/4th Ave., Phoenix, AZ

original photo: Robert Haasch
chalk art/post-photographic rendition: Margaret J. Plews



You may also want to contact Donna or James Hamm at Middle Ground Prison Reform
for some advice - they do have some legal connections and experience, and have been at this longer than I have. I suspect Donna is far more of a diplomat than I am. They should be your first resort, actually - I'm usually the last resort for prisoners - mostly the poorest ones. Their address is 139 East Encanto Dr. Tempe, AZ 85281. Phone: 480-966-8116.


In any case, make sure the prisoner him/herself feels as if these are issues worth fighting for - even this fight in Georgia isn't just about cigarettes - it's about respect, and dignity, and autonomy for people who have been stripped of all. We should be focused on their health and sanity and civil rights, not just their leisure and privileges; they will pay for your activity and support the most. Be mindful, though, that she/he has no expec
tation of privacy (nor do you) when you communicate about these things - all calls and mail can (and probably will) be monitored. It can be a difficult balance to get their direction and consent while not making them a target. Sometimes I have to go with "I trust you" after making sure they know what the possible ramifications may be.


That said, here's the ADC contact info you need (Karyn's really going to love me for this):



Karyn Klausner
Office of the General Counsel
Arizona Department of Corrections
1601 West Jefferson St.
Phoenix, AZ 85007
(602) 542 1532
kklausner@azcorrections.gov


If you send a copy of any of that documentation to me, though, I'll put it in the hands of the ACLU and the Department of Justice - with or without identifying you and the prisoner, as he/she wishes (if it's not possible to consult them on that privately, I'll hold back names for now).

The ADC website has policies posted on it, by the way, and my sites have a Jailhouse Lawyers Handbook and an even more comprehensive Jailhouse Lawyer Manual. Explore them all so you know what you're talking about. Don't just take my word for everything - or theirs.


Here's the main contact info for the AZ state legislature:

Arizona State Senate/
House of Representatives
Capitol Complex
1700 West Washington
Phoenix, AZ 85007-2890
(toll free) 1-800-352-8404



And here's the main event. I'll try to stay on top of this now.



------From the Georgia Green Party-------

GA Inmates Stage Historic One Day Prison Strike Today

By Bruce A. Dixon

In an action which is unprecedented on several levels, black, brown and white inmates of Georgia's notorious state prison system are standing together for a historic one day peaceful strike today, during which they are remaining in their cells, refusing work and other assignments and activities. This is a groundbreaking event not only because inmates are standing up for themselves and their own human rughts, but because prisoners are setting an example by reaching across racial boundaries which, in prisons, have historically been used to pit oppressed communities against each other.

PRESS RELEASE BELOW THE FOLD

The action is taking place today in at least half a dozen of Georgia's more than one hundred state prisons, correctional facilities, work camps, county prisons and other correctional facilities. We have unconfirmed reports that authorities at Macon State prison have aggressively responded to the strike by sending tactical squads in to rough up and menace inmates.

Outside calls from concerned citizens and news media will tend to stay the hand of prison authorities who may tend to react with reckless and brutal aggression. So calls to the warden's office of the following Georgia State Prisons expressing concern for the welfare of the prisoners during this and the next few days are welcome.

Macon State Prison is 978-472-3900.

Hays State Prison is at (706) 857-0400

Telfair State prison is 229-868-7721

Baldwin State Prison is at (478) 445- 5218

Valdosta State Prison is 229-333-7900

Smith State Prison is at (912) 654-5000

The Georgia Department of Corrections is at http://www.dcor.state.ga.us and their phone number is 478-992-5246

This is all the news we have for now, more coming.

One in every thirteen adults in the state of Georgia is in prison, on parole or probation or some form of court or correctional supervision.

*********************************

Press Release

BIGGEST PRISONER STRIKE IN U.S. HISTORY

Thousands of Georgia Prisoners to Stage Peaceful Protest

December 8, 2010?Atlanta, Georgia

Contacts: Elaine Brown, 404-542-1211, sistaelaine@gmail.com; Valerie Porter, 229-931-5348, lashan123@att.net; Faye Sanders, 478-550-7046

Tomorrow morning, December 9, 2010, thousands of Georgia prisoners will refuse to work, stop all other activities and remain in their cells in a peaceful, one-day protest for their human rights. The December 9 Strike is projected to be the biggest prisoner protest in the history of the United States.

These thousands of men, from Baldwin, Hancock, Hays, Macon, Smith and Telfair State Prisons, among others, state they are striking to press the Georgia Department of Corrections (?DOC?) to stop treating them like animals and slaves and institute programs that address their basic human rights. They have set forth the following demands:

A LIVING WAGE FOR WORK: In violation of the 13th Amendment to the Constitution prohibiting slavery and involuntary servitude, the DOC demands prisoners work for free.

EDUCATIONAL OPPORTUNITIES: For the great majority of prisoners, the DOC denies all opportunities for education beyond the GED, despite the benefit to both prisoners and society.

DECENT HEALTH CARE: In violation of the 8th Amendment prohibition against cruel and unusual punishments, the DOC denies adequate medical care to prisoners, charges excessive fees for the most minimal care and is responsible for extraordinary pain and suffering.

AN END TO CRUEL AND UNUSUAL PUNISHMENTS: In further violation of the 8th Amendment, the DOC is responsible for cruel prisoner punishments for minor infractions of rules.

DECENT LIVING CONDITIONS: Georgia prisoners are confined in over-crowded, substandard conditions, with little heat in winter and oppressive heat in summer.

NUTRITIONAL MEALS: Vegetables and fruit are in short supply in DOC facilities while starches and fatty foods are plentiful.

VOCATIONAL AND SELF-IMPROVEMENT OPPORTUNITIES: The DOC has stripped its facilities of all opportunities for skills training, self-improvement and proper exercise.

ACCESS TO FAMILIES: The DOC has disconnected thousands of prisoners from their families by imposing excessive telephone charges and innumerable barriers to visitation.

JUST PAROLE DECISIONS: The Parole Board capriciously and regularly denies parole to the majority of prisoners despite evidence of eligibility.

Prisoner leaders issued the following call: No more slavery. Injustice in one place is injustice to all. Inform your family to support our cause. Lock down for liberty!?

Contacts: Elaine Brown, 404-542-1211, sistaelaine@gmail.com; Valerie Porter, 229-931-5348, lashan123@att.net; Faye Sanders, 478-550-7046

Sunday, June 27, 2010

The dying, prison, and Adam Montoya.

For those who still think that prisoners get great medical care, think again. This is not an unusual story...sounds like Marcia Powell's.

If you wish you could have helped this guy - or Marcia Powell, for that matter - and want to know how to make a difference here: please take a minute and help someone still living. Free Davon Acklin. That will take you straight to the petition his mom has going supporting her request that he be pardoned by Governor Brewer so she can bring him home for medical care.

He's only
23, and he has hep C and needs a liver biopsy. He's not getting treatment at the ADC, either, so your time and good name for the cause would be appreciated.

------------------from Salon.com-----------------------

Ill. inmate died in agony while pleading for help

For days before he died in a federal prison, Adam Montoya pleaded with guards to be taken to a doctor, pressing a panic button in his cell over and over to summon help that never came.

An autopsy concluded that the 36-year-old inmate suffered from no fewer than three serious illnesses -- cancer, hepatitis and HIV. The cancer ultimately killed him, causing his spleen to burst. Montoya bled to death internally.

But the coroner and a pathologist were more stunned by another finding: The only medication in his system was a trace of over-the-counter pain reliever.

That means Montoya, imprisoned for a passing counterfeit checks, had been given nothing to ease the excruciating pain that no doubt wracked his body for days or weeks before death.

"He shouldn't have died in agony like that," Coroner Dennis Conover said. "He had been out there long enough that he should have at least died in the hospital."

The FBI recently completed an investigation into Montoya's death and gave its findings to the Justice Department, which is reviewing the case. If federal prosecutors conclude that Montoya's civil rights were violated, they could take action against the prison, its guards, or both. A Justice Department spokesman declined to comment, saying that the matter was still being investigated.

The coroner said guards should have been aware that something was seriously wrong with the inmate. And outside experts agree that the symptoms of cancer and hepatitis would have been hard to miss: dramatic weight loss, a swollen abdomen, yellow eyes.

During Montoya's final days, he "consistently made requests to the prison for medical attention, and they wouldn't give it to him," said his father, Juan Montoya, who described how his son repeatedly punched the panic button. Three inmates corroborated that account in interviews with The Associated Press.

The younger Montoya was taken to the prison clinic one day for "maybe five, 10 minutes," his father said. "And they gave him Tylenol, and that was it. He suffered a lot."

The federal prison in Pekin will not discuss Montoya's death. Prison spokesman Jay Henderson referred questions to the Bureau of Prisons, which denied an AP request for information on Montoya's medical condition, citing privacy laws.

It isn't clear whether the prison system, relatives or even Montoya himself knew the full extent of his illness. Montoya's father had no idea his son had cancer or hepatitis. Inmates who knew him said he told them he had cancer, but they knew nothing of his HIV.

According to its website, the Bureau of Prisons tries to screen the health of new inmates within 24 hours of their arrival. A closer examination within two weeks is required for prisoners with serious, long-term illnesses. But officials have not said whether Montoya was given any kind of exam or whether his medical records made it to Pekin.

Montoya pleaded guilty in May 2009 to counterfeiting commercial checks, credit cards and gift cards. Prosecutors will not say how much money was involved in the scheme, but Montoya was ordered to pay a little over $2,000 in restitution.

Montoya, who had a history of methamphetamine abuse, was released while awaiting sentencing and was ordered not to use drugs. At the time, he was living with his father and working for his father's process-serving business, which delivers legal documents. His father said he was paying Montoya's bills and paying him about $300 a week.

Then in mid-June, Adam Montoya was diagnosed with HIV.

"It hit him like a ton of bricks," his father said.

After the diagnosis, Montoya retreated back into methamphetamine. Following a urine test, he admitted using the drug three times in a month, and he was locked up.

Montoya began taking antiviral drugs, so his father still had hope and tried to give his son a sense of the same. "I thought, 'You'll get out. You'll get your probation, and you'll have years of life," the elder Montoya said.

In mid-October, Montoya was sentenced to two years and three months in prison. When he arrived at a federal prison transfer center in Oklahoma City, his medication was waiting for him. His father took that to mean that the prison system knew Montoya suffered from HIV.

Montoya arrived at the Pekin prison on Oct. 26. He lived just 18 more days. The inmates around him say he spent much of that time pleading for help from his cell.

Prison staff told Montoya he had the flu, according to Randy Rader, an inmate in the next cell who wrote letters to his mother about Montoya and discussed him in an e-mail interview with the AP.

"That man begged these people for nine days locked behind these doors," Rader wrote to his mother on Nov. 14. The letter was first obtained by The Pekin Daily Times, which wrote about Montoya's death earlier this year.

Rader has since been moved to a prison in California -- far from his family in Michigan. He suspects the move was retaliation for speaking out about Montoya.

The last time a staff member visited Montoya, about 10 p.m. on Nov. 12, he reported having trouble breathing and complained that he could no longer feel his fingers, Rader said in the e-mail interview. The staff member told Montoya that he would try to get help the next day.

Around 6:30 a.m., prison officials found Montoya's body in his cell.

The autopsy showed that Montoya's spleen was almost 10 times the normal weight because it had been engulfed by a cancerous tumor, which was on its way to doing the same with his liver.

The pathologist who examined Montoya's body said his eyes were also yellow -- an unmistakable sign of hepatitis. Dr. John Ralston is reluctant to speculate whether treatment could have saved Montoya's life by the time he reached Pekin. The doctor suspects he would have needed a liver transplant to have a chance.

That said, "You would think that he would have been feeling bad enough and complaining enough that somebody should have tried to get to the bottom of this," Ralston said.

The AP sought opinions about Montoya's condition from other doctors who did not examine him but were familiar with his diseases. They agreed he probably displayed obvious signs of distress.

Montoya would have had a swollen abdomen because of his spleen. At the same time, he probably was losing weight rapidly because the large tumor would have left little room in his belly for food, according to Dr. Krishna Rao, an assistant professor of oncology at Southern Illinois University Medical School in Springfield.

Someone in Montoya's condition should have been taking heavy doses of chemotherapy for his cancer or receiving stem cell transplants, if he were healthy enough, said Dr. James Egner, an oncologist with the Carle Foundation Hospital in Champaign.

If the cancer was too advanced, Montoya should have at least been treated for pain with powerful drugs, possibly in a hospice, Egner said.

The president of the American Civil Liberties Union's National Prison Project said it isn't uncommon for medical records not to arrive with a federal inmate.

"Sometimes it arrives late, and sometimes it doesn't happen at all," said David Fathi, who has spent 15 years studying prison conditions. "That's why it's so critical that the new facilities do a medical screening" of new inmates.

Fahti said Montoya's death "is really an egregious failure, of the kind that you wouldn't expect from even a small county jail, let alone the largest prison system in the United States."

After his son's death, Juan Montoya wrote to the prison complaining about its medical care. Warden Richard Rios wrote back to defend his institution.

"I must respectfully disagree with your characterization of the medical care Adam received and want to assure you that we carefully monitored you son's medical condition," wrote Rios, who was not hired for the job until months after the death. He did not elaborate, writing that privacy laws limited what he could say.

The elder Montoya is now waiting for his son's medical records, but he doubts they will offer many clues. The family has hired lawyers but has not decided whether to file a lawsuit.

Montoya thinks a lot now about the assurances he offered his son as he headed for prison.

"Your time will go by fast, and you'll get out, and we'll get you a job and be part of the family," Montoya recalls telling his son. "It never happened."

Friday, April 9, 2010

Experiment in Solitary: National Geographic

This show will air This Sunday, April 11 at 7pm Eastern Time on the National Geographic Channel.

---------------------------------




As we wrote earlier, it’s hard to say whether the National Geographic Channel’s treatment of solitary confinement will do more harm than good. In addition to an upcoming episode of “Explorer” on the subject, the NG Channel is hosting an ”experiment” that promises to provide a “live window into the solitary experience,” in which three subjects spend a week in faux lockdown cells (unless they want to leave earlier), with cameras streaming live video to the public and the “prisoners” providing updates on Twitter.

The potential good comes from the evidence of psychological damage that will probably surface even in the fresh-faced young volunteers who spend a mere week in the pristine “cells.” (And to its credit, the NG Channel’s site makes an effort to put their experience in broader context.)

The potential harm comes from the audience thinking what they watch on the live video stream bears any resemblance to the actual experience of prisoners in solitary confinement–which is far worse, in ways too numerous to count. After observing the NG experiment for a week, viewers could easily conclude that solitary confinement is extremely unpleasant, but falls short of constituting cruel and unusual punishment–and is far from the torture some critics say it is.  If so, they would be basing their conclusions on faulty evidence.

First of all, hardly anyone spends just a week in solitary. Used for “disciplinary” purposes, spells in solitary can last anywhere from several weeks to several years. Many of the inmates who end up in solitary are mentally ill; others (including many children) are there for their own “protection,” but nonetheless endure the same cruel conditions.

In addition, some 25,000 American prisoners live in long-term or permanent lockdown, which often stretches to decades: Herman Wallace and Albert Woodfox, of the Angola 3, have spent most of the past 37 years in solitary; Tommy Silverstein has spent an uninterrupted 27 years in solitary under a “no human contact” order; Syed Fahad Hashmi, who is accused of offering material support (in the form of clothing) to terrorists, has spent nearly three years in ultra-isolation under “Special Administrative Measures,” though he has yet to be convicted of a crime...

(Worth the rest of the article to follow this back )