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CITIZEN'S COMPLAINT NUMBER 1
Filed by Kay Lee, Citizen
2316 Larry Court
Eau Gallie, Florida  32935
321-253-3673
kaylee1@charter.net

COMPLAINING OF
FLORIDA GOVERNOR, SECRETARY OF CORRECTIONS,
FBI Gainesville, Florida, WARDENS AND EMPLOYEES
OF THE FLORIDA DEPARTMENT OF CORRECTIONS

FOR 

FAILURE TO PROVIDE SAFETY AND THE MINIMUM STANDARD OF CARE FOR FLORIDA'S PRISONERS AS WRITTEN INTO INTERNATIONAL TREATY, FEDERAL AND STATE LAW, and DOC RULES AND REGULATIONS


Writ Writers, Whistleblowers, and Retaliation

Based upon

C.A.11 (Fla.) 1986. Lack of inmate's entitlement to a particular privilege does not free prison administrators to grant or withhold the privilege for impermissible reasons: Doctrine of "Unconstitutional conditions" prohibits terminating benefits, even if they are not classified as entitlements, if the termination is based on motivations that other constitutional provisions proscribe.
Adams v. James, 784 F.2d 1077


F.A.C. (Florida Administrative Code) Chapter 33-103.017
"No action shall be taken against an inmate as the result of the submission of a grievance or appeal..."

Included are six (6) cases of retaliation, a small representation of the depth of illegal behavior by employees of the Florida Department of Corrections (DOC) for impermissible reasons against those prisoners who write grievances, complaints, or in any manner report guard abuse. Most cases of retaliation will never be known because of the fear instilled by employees of the Fl DOC. Prisoners, their families and even correctional officers who could tell the truth are living in tyranny, too frightened of the many bad guards to speak up.

Florida Statute 944.35

4(d)  Each employee who witnesses, or has reasonable cause to suspect, that an inmate or an offender under the supervision of the department in the community has been unlawfully abused or is the subject of sexual misconduct pursuant to this subsection shall immediately prepare, date, and sign an independent report specifically describing the nature of the force used or the nature of the sexual misconduct, the location and time of the incident, and the persons involved. The report shall be delivered to the inspector general of the department with a copy to be delivered to the warden of the institution or the regional administrator. The inspector general shall immediately conduct an appropriate investigation, and, if probable cause is determined that a violation of this subsection has occurred, the respective state attorney in the circuit in which the incident occurred shall be notified.

(4)(a)  Any employee required to report pursuant to this section who knowingly or willfully fails to do so, or who knowingly or willfully prevents another person from doing so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
.

(b)  Any person who knowingly or willfully submits inaccurate, incomplete, or untruthful information with regard to reports required in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

It is to be understood that these six cases are representatives to the general abuse of power that is prevalent in Florida prisons and among those who administer them. The evidence suggests the governor, the secretary of corrections, the attorney general, the local investigative agencies, and the wardens have little control over their employees. Whether by design or by character, the widespread fear of retaliation that keeps most prisoners, families, and guards silent is directly attributable to errant DOC employees.

CIVIL PROCEDURE GIANO v. GOORD
No 98-2619 (2d Cir. May 16, 2001)

Under the Prison Litigation Reform Act, a plaintiff need not exhaust administrative remedies before asserting a cause of action in federal court that alleges wrongful retaliation by prison officials because those allegations do not involve a "prison condition."

The sheer volume of prisoners claiming to be illegally punished, and the severity of those punishments, assure that a fair amount will speak up despite the risks and suggest that where there is smoke, there is fire. If need be, I can submit more cases or compile them into other complaints on this subject.

F.S.20.315 Department of Corrections.--There is created a Department of Corrections.
(1) PURPOSE.-- The purpose of the Department of Corrections is to protect the public through the incarceration and supervision of offenders and to rehabilitate offenders .................
(3)SECRETARY OF CORRECTIONS.--The head of the Department of Corrections is the Secretary of Corrections. ..........The secretary shall ensure that the programs and services of the department are administered in accordance with state and federal laws, rules, and regulations...

The charges are that enough evidence exists to suggest that the wardens and staff of Florida's DOC know that Florida prisoner writwriters and whistleblowers are being unreasonably punished by their hired guards: Evidence suggests that the named parties know retaliation is being done for impermissible reasons by their employees: Documentation from inmates, family, supporters, and attorney's have been presented to them repeatedly suggesting that if an employee is not directly involved with retaliation, most of them know about it, and are thereby accessories to the crimes: Therefore as a citizen of Florida, I compel a full-scale independent investigation into every prison, every warden, and every DOC employee in Florida.

F.S. 944.012 Legislative intent.
The Legislature hereby finds and declares that (1)...Florida correctional institutions have contributed little to the reduction of crime...and large prisons have for the most part become schools for crime.
(2)...It is clear that major changes in correctional methods are required.

Enough evidence exists to investigate Gov. Jeb Bush and Secretary of Corrections Michael Moore for knowingly withholding protections for Florida prisoner writwriters and whistleblowers, while denying the required minimum standard of care and safety to all Florida prisoners in general. I request full investigations into their complicity, because I have personally informed both of them of these situations numerous times.  Neither has shown concern about nor desire to change the conditions that exist. Therefore, as a citizen of Florida, I request an investigation come from without those agencies the governor or the secretary has authority over.

United States Code TITLE 42
THE PUBLIC HEALTH AND WELFARE CHAPTER 21
CIVIL RIGHTS
SUBCHAPTER I-A
INSTITUTIONALIZED PERSONS

Section 1997a. Initiation of civil actions.......

Whenever the Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities  secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, .................. 
The Attorney General shall personally sign any complaint filed pursuant to this section.

These (6) six cases present reasonable cause for any outside agency to investigate a pattern of abuse by neglect among the herein named Florida people and/or agencies acting on behalf of the State of Florida.  There is more than reasonable cause to believe that, spurred on by lax authority, the guards engaged in this illegal behavior are causing confined persons to suffer grievous harm.  Therefore, as a citizen of the United States,  I charge the United States Attorney General John Ashcroft and Florida Attorney General Bob Butterworth and all other public agencies to provide protection from retaliation for Florida inmate writwriters, whistleblowers, and Florida prisoners in general.

United States Code. TITLE 42 - 
THE PUBLIC HEALTH AND  WELFARE, CHAPTER 21
CIVIL RIGHTS SUBCHAPTER 1-A - 
INSTITUTIONALIZED PERSONS  
U.S.C. Title 42 Section 1997d.
Prohibition of retaliation
   No person reporting conditions which may constitute a violation under this subchapter shall be subjected to retaliation in any manner for so reporting.

As a citizen of the United States, I charge the Federal Government of the United States to intercede using its full INVESTIGATIVE POWER, through the FBI and other related agencies, to complete a thorough investigation of the Florida Department of 'Corrections' use of management tools such as denial of privileges and mail, overuse of close confinement, premature, irresponsible and unnecessary use of force, denial of proper physical, psychological, and medical care, and even denial of basic human needs such as food and water.

RIGHTS OF PRISONERS AND DETAINEES
Standard Minimum Rules for the Treatment of Prisoners <g1smr.htm>, adopted Aug. 30, 1955, by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, U.N. Doc. A/CONF/611, annex I, E.S.C. res. 663C, 24 U.N. ESCOR Supp. (No. 1) at 11,U.N. Doc. E/3048 (1957), amended E.S.C. res. 2076, 62 U.N. ESCOR Supp. (No.1) at 35, U.N. Doc. E/5988 (1977). Institutional personnel 46.
(1)
The prison administration, shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends.
(2) The prison administration shall constantly seek to awaken and maintain in the minds both of the personnel and of the public the conviction that this work is a social service of great importance, and to this end all appropriate means of informing the public should be used.
48.
All members of the personnel shall at all times so conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect.

As a citizen of the world,  I also charge the U.N. Office of the High Commissioner for Human Rights and the Federal Government of the United States to use full JUDICIAL AUTHORITY to enjoin the State of Florida and the Florida Department of  Corrections to comply with International Treaties, Federal Laws, State Policies and DOC Rules providing for a minimum standard of care and safety for the people in their custody.

Kay Lee
Concerned Citizen on a Journey for Justice


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