Families of SOs Community Group
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I am going to see my husband's federal pretender at 10 am tomorrow. Pray I don't get arrested. I am so frustrated and upset. I have had about 5 hours sleep in two days. I am very upset about the way he is being treated and today was the icing on the cake when he told me his federal defender was denied a face to face visit. I am trying to find somewhere, anywhere on the Internet, anything about the rights of inmates in protective custody or administrative segregation. There's plenty on those inmates who are put in for punitive punishment but NOTHING about those put there for their safety. Maybe I cant find anything because those types of prisoners don't have any rights. Nothing on ACLU, Solitary Watch, NV Dept of Corrections...I can find nothing. I wanted to have something in my hand when I go to attorney's office because I am going to Federal Marshall's office after that if I cant get any resolution and I feel like I don't have a leg to stand on. Please post if you can help. Posting and confirming I don't have a leg to stand on doesn't' t help me at all. I don't need posts telling me that he just has to live with it. If you have any links or any source you can recommend that I can go to online I would sincerely appreciate it. I have read through ACLU materials and basically he has no rights until he has built up a paper trail of several complaint reports of infractions such as not having his legal mail opened in front of him. I cant wait for that. He has asked 4 different guards over the course of 9 days for a kite, whatever that is, so he can file a complaint and he still hasn't gotten a form. Please post if you know of any link I can go to that might help me. Thank you for all the information you have all provided for me so far as I walk through this crazy legal maze. It's like a fun house and I am trapped in the house of mirrors. There's only one other federal facility in our state in Pahrump, NV and he was moved out of there because a guard there used to be our neighbor 8 years ago for about a year and she filed a report that she knew him so they moved him to Henderson, NV to a 500 person facility that serves as the city jail but the federal marshalls "rent" space there for federal inmates. They have a general population area and a solitary confinement area. Any help is appreciated.
A Kite is (from my understanding) a complaint the prisoner files with the jail. They are refusing this kite so there is no formal complaint filed.
When you see his PD, tell them everything that his happening, as well as their refusal to give him a kite. Even if they refuse the PD a secure meeting area next time, she can maybe help with getting him one.
I also believe they are preventing her the meeting space, something that she should also address, as she needs to be able to speak with your husband regarding the case.
Tell your husband to document everything. i do know that the prison system has lawyers that deal with prisoners rights. When you talk to the PD ask for this info so you can contact them regarding his rights.
americanbar.org/publications, treatment of prisoners = http://tinyurl.com/mzsgfot
https://ccrjustice.org/files/Report_JailHouseLawyersHandbook.pdf (pdf, 158pgs)
https://www.prisonlegalnews.org/news/2007/may/15/suit-over-ny-protective-custody-conditions-dismissed/
HI am logged in on my wife's account and have not read all of the posts here.
If your husband has not been convicted yet, then the question is not "prisoner" right be cause he has not yet been convicted. Of he has been convicted, then and only then are the restrictions that apply to those convicted apply.
A person not yet convicted is the "accused" not the "convicted".
As for being denied the proper form to file a complaint, he can do this in either case of convicted or not convicted status.
1. use what ever paper he has available, (Gideons habeus was written on a roll of toilet paper. It resulted in a a historic ruling by the US supreme Court in Gideon v Wainright".)
2. Hand write a petition to the Federal Distric Court alleging denial of due process under the 5th and 14th amendments of the US Constitution.
3. Ask the court to appoint legal counsel to represent him om a suit against the individuals and facility who have denied him the proper forms as well as the denial of right to legal counsel by refusing legal visitation by his attorney.
Include a petition to proceed in forma pauperus due to his detained status.
He should not try to use legal jargon, but should instead state his claims in clear and concise language.
He has this right and there is little they can do about that. I would wager he will immediate receive the forms he needs in triplicate.
Now I have one more suggestion.
If he has not already done so, he should give you a limited power of attorney so that you will be able to discuss his case with his attorney or to act on his behalf in limited legal matters.
Without this Limited POA, the attorney can not discuss anything with you other than generalities, because of the client attorney privileges.
With a limited POA, you can actually obtain copies of legal documents that may be needed and as was stated before, this is a major step in documentation.
Also remember something else, just because a court has ruled on something does not carve it into stone. Court decisions are over turned on a constant basis.
Do not be afraid to file anything that has to be filed. And if you or he are harrassed by anyone in the system, they have committed a Federal Crime under 18 USC 242 Police and Official Misconduct)
It is also actionable and probably more effectively dealt with on the civil side under 18 USC 1983 .
42 USC 1983 is the site that he should use in filing for a claim, of denial of due process.
He is also entitled to access to a law library, in absence of the existence of a law library in the facility, they are required to provide him with legal access to the books required.
I hope this helps..
ibeentheretoo
I think I already covered and explained to you about the situation with the legal mail.
As far as the attorney visiting your attorney, all inmates have a right to legal visits, but the Sixth Amendment does not require full and unfettered contact between an inmate and his or her attorney in all circumstances. If the state denies a contact visit with a lawyer, however, it must provide a rationale.
Jails and prisons must also provide reasonable schedules for attorneys to see inmates.
This was decided in Mann vs Reynolds in the Tenth Circuit. I do not know if there has been another court case since then to disagree with the opinion in Mann vs Reynolds but I doubt it.
http://tinyurl.com/obj6q7p
Hope this helps you,
rewdaizepam
These complaining inmates who brought the lawsuit in Mann vs Reynolds were on H Block on Death Row in Oklahoma. Your husband is in a much lower security than these guys who won the suit, so there is no valid reason they can give as an excuse for any refusal to see your husband.
Also, Psalm, you must consider that your husband was placed in an INVOLUNTARY segregation situation. If I remember correctly, you told me that it was not is idea to be segregated and would like to be out of segregation, but they will not allow it.
All the more reason to allow him visits where he is at.
rewdiazepam
i wonder if the attorney will push it that she was not allowed to speak with him?