If they are holding him their indefinitely in solitary and it is considered cruel and unusual punishment, you can file a writ of habeas corpus in federal court.

http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO242.pdf

They tell him its not solitary for you its protective custody even though he is treated like he is being punished. Will that still apply. What does that writ mean? What does it do?

I'm Latin it means "you have the body". You would basically be asking the federal district court to find that how they are holding your husband is against the 8th amendment's cruel and unusual punishment clause. That he would much better off in the SO ward and there is no reason not to put him there.

I know absolutely nothing about prison life, what do you recommend for next steps Rew?

Can I do this? We fired the federal defender.

Psalm,

Call the federal marshall you previously spoke to about these issues. After identifying yourself, point blank ask him, "What did you find out regarding my husband?"

Put the ball in his court, but do it in a nice way. Don't get huffy or excited; just be calm.

Ask him what can be done to remedy some of these issues.

Mention to him that these issues are not prison issues, but human rights issues. The lack of proper medical care is a huge civil rights issue. That is just pure negligence and there is no reason for that. Convey to him that you are his WIFE and his entire family is concerned. Stress that Will is a sick man and needs medical attention.

Stress that these issues are HUMAN RIGHTS issues.

Has he been able to see his attorney at this new facility? If not, the inability to communicate with his attorney is also a civil rights issue.

I don't think you can do much regarding the solitary confinement issue. That is more a prison decision and they will just stress that he is kept segregated for his own protection. As I tell people, you cannot complain about everything or it will lessen the impact of the real issues.

You have to pick and choose your battles, and I just don't think the solitary confinement at the present time is a viable issue.

This facility is a private facility, one in a group of facilities that belong to the CCA. They are not usually as responsive to an inmate's needs as most state facilities.

Try this first, Psalms, and let's see what he says. If this does not work, message me. I have some more ideas.

I am very sorry that you and your entire family is being treated this way.

Keep in touch.

rewdiazepam

Also, I don't know if I mentioned this in our PM, but document every time you call, the time of the call, what they said, what was discussed.

Also get the name of the person you are speaking with.

rewdaizepam

I called marshal and had to leave a message and then I faxed him asking fir a status update because our family is concerned . I just saw him. Last time he was there he was wearing blue. Today he had yellow on, I asked him why and he said yellow is to designate violent inmates. I cant freakin' believe this. He was in a solitary phone cell with ankles shackled and handcuffed to the cord on the phone receiver. Why he needs to be locked down like that in a solitary cell I do not know. Doctor passed him up today, I guess they come to the cell for the inmates who are violent but he has a kite out requesting the doctor. I guess doctor is busy. He told guard that his personal property got thrown away. The guard told him to fill out a lost property slip. He has kite s requesting his legal paperwork and to see case manager since Tuesday eve. Its hard though for him to document cause guard brings pencil for the kite then takes the pencil back after he fills it out. Im at such a loss. I guess I will call marshal again tomorrow.

I would guess things are all pretty touchy. I'm glad there is someone like Rew who can at least point you in the right direction. That has to be so nerve racking to not know what is going on :-(

I hope there's an end to all of this madness soon. You have so much on your shoulders right now; I hope you can stay strong for your family.

Psalms,

As I said, some of the things regarding your husband has nothing to do with prison issues. The lack of medical care, the inability to communicate with his attorney, and the total disregard for his well-being are HUMAN RIGHTS issues.

That is what you have to stress----that these are human rights issue now.

Are you trying to tell me that they had your husband in a solitary phone booth with his
ankles shackled and handcuffed to the cord on the receiver?

In ever prison situation I ever saw or experienced, the only time they use the shackles is when they are transporting inmates. I think this appears to be overkill on their part, but that is more a prison problem and you might have a difficult time getting much done about the solitary problem. If prisons are concerned about anything, it is security, so they can probably get by with keeping him in solitary confinement.

He is already in a solitary cell by himself and they are pretty damn secure. He is going nowhere and they know it. This is a little ridiculous. His charges for the sake of security are always considered violent offenses----all sex offenses are considered violent offenses for the sake of classification and security.

So the doctor passed him up again? If they don't get him some medical treatment within the next few days, it is time for you to call medical. I will find the numbers for you if you are having difficulty knowing who to call.

If you get no help with this, the next call should be made to the warden.

If nothing is done then, I have some numbers to the CCA you can call. But also keep in touch with the ACLU.

You mentioned something about his case manager? Have they already assigned him a case manager at this new facility? Get the case manager's name if you can.

Get some sleep. You must be mentally exhausted. I have to make a quick trip into town in the morning and I will talk to you when I get back.

rewdiazepam

So a writ of habeas corpus is kind of a nuclear option?

Yes he was shackled all crazy he raised his arms up to the screen to show me. What bothers me is he was at that facility from 1/27 to 2/19 and he was classified to the SO dorm. Nothing changed..he had no altercations or problems with staff or CO'S. so upon his return, why would he be classified as violent now????

Regarding the Writ, it is always best to exhaust all possible remedies before resorting to legal options.

Psalm, you said,." What bothers me is he was at that facility from 1/27 to 2/19 and he was classified to the SO dorm. Nothing changed..he had no altercations or problems with staff or CO'S. so upon his return, why would he be classified as violent now????"

Why he was not confined to solitary when he was there before, but is now is anybody's guess. These people have a huge amount of leeway to house inmates the way they want and nothing can be done about it unless there is some egregious civil rights issue involved. Being placed in solitary for his own safety----and I guarantee that is what they will tell you---is not a violation of his rights.

I am more concerned right now in getting his medical problems addressed. He appears to be ill and he will not get any better without some medical treatment. Of course, seeing his attorney is important, but if he has a total meltdown in there, the rest of this will be a moot point.

You both need to keep healthy.

I will contact you tomorrow.

rewdiazepam

I once called the federal marshalls office and got my situation resolved over the phone. They were leaving him in a holding installation for 6 months, just forgot him and he wasn't getting his medicine. They were extremely nice to me and within the week he was moved and he began getting his medicine. It is the luck of who you get on the phone. Some do care.

Going to try the federal marshal again in the morning. I have also written the warden a letter about what is happening and I am CCing a copy to the lady I connected with at the ACLU and the federal marshals office. My husband said it was fine to do so as long as I was diplomatic and respectful. Then my husband said, i guess it doesn't really matter what you say. What are they gonna do lock me in the hole and take my stuff...oh wait they already did that. I did however write a respectful letter asking her to either transfer him out of her facility or re classify him to the SO dorm where he had originally been. I thanked her for her time and told her I appreciated any resolution she could offer that would give my husband the few limited privileges he was entitled to. I was respectful.

I am really struggling alot right now. I cried almost the whole visit with my husband. Seeing him is such a double edged sword. During The whole entire visit anytime he referred to our kids he called my son the correct name and he referred to our daughter by the wrong name. I didn't correct him. I was too weepy and tired and sad to correct him and upset him. I had to take my daughter to doctor for anxiety. She has been unable to sleep and very nervous. I too went to my dr on wed. because I have developed this tic, it is actually verbal and its a sound that comes out of my mouth like Tourette's. If I speak slow I can control it better. This is all I need. Only I would have something so ridiculous happen. Not an eye infection or panic attack or the flu...i have to develop a Tourettes like verbal tic. He says it is stress related. What a shock..if this stress gets any worse it will probably go full blown and I will be shouting inappropriate words everywhere. I am stressed about finances then my health declines and I need money for more meds and tests and lab work and bone scans...its a vicious cycle. I'm going to reach out to the warden and send a copy of letter to federal marshals as well. We dont have much of a paper trail since my husband cant be trusted with a pencil but this letter is a start I suppose. The next stop is I write the judge.