May 15, 2000

Dear Kay Lee;

I received your letter and it is good that there are still people who know the hell the Florida prisons are.  I don't know how much you know about me and the entire story of the living hell X-wing was, so let me tell you of the X-wing at Florida State Prison, where, on the day of January 13, 1998 in Cell X-3-W-1, a 'goon squad' led by Timothy Thornton and Jason Griffis beat me severely.

They came to my Cell because I would not stop writing about the assaults and other illegal actions of the guards that I saw day after day.  They [Officers Thornton and Griffis] ran in my cell with a stun shield and riot gear.  I was beaten with fists and feet.  They crushed my chest, broke all my ribs on the left side, broke my leg, broke my shoulder.  I had a skull fracture, spinal injuries, multiple fractured transverse processes, facial and skull lacerations, abdominal injuries, punctured lung and foot prints on my left back and chest.

Frank Valdes, eighteen months later, died from almost identical injuries.  Officers Timothy Thornton and Jason Griffis are also two of the guards who beat Frank Valdes on July 17th, 1999 on X-wing.

Since July, let me give you a little of what has already been done.  I have a legal action pending in the U.S. District Court.  The newspapers have done a lot of covering of it, about the fact that Frank Valdes and myself were beaten the same way by the same guards, Tim "Big Red" Thornton and Jason "Little Griffis".

Fort Lauderdale Sun-Sentinel, July 24, 1999, Local A-1
St. Petersburg Times, July 24, 1999, National 1-A
Fort Lauderdale Sun-Sentinel, July 25, 1999, Local 1-A
Orlando Sentinel Tribune, July 25, 1999, 16-A
Florida Times-Union, August 7, 1999, Metro B-3

Also, Janet Reno ordered a Statewide inquiry.  John Kennedy and Kevin Krause of the F.B.I. are also investigating.  Also, a David Cox and David Nitkin of F.B.I. said records of 140 jail incidents are on record.  Also the Prison Legal News, in October 1999, ran a four page article on X-wing, so there are a lot of facts out already.

I will be glad to let you put all I can give you on the internet, and please, put the enclosed medical records of the injuries I had on January 13, 1998 on the internet.  Page #3 shows the foot prints on me, and as you see, I was busted up real bad.  But it is quite important that the public sees firsthand the results of prison guard beatings of prisoners.  Any other information you would like about F.S.P., I can give you.  I spent 18 years there.  I saw a lot of beatings there by guards.  I'll put my name and the facts of the X-wing beatings on any publication or any where it can help bring attention to the hell the Florida prisons are.

I don't care what the guards think they can do to stop the truth.  They have beaten me worse than any of the others except Frank Valdes, and by God, he will not have died for nothing!  When the guards learn that the laws apply to them as well as anyone else, then and only then will the system begin to change.

Here at the Santa Rosa "Correctional" Institution, it has gotten so bad that inmates on C.M.I. here in B-Bldg are beaten and sprayed with pepper gas almost daily.  Some of the inmates have been sprayed while they were in bed for rule infractions a week old.

The officers get inmate runners to drop a food tray on the floor in front of a cell door of inmates they tag as a problem.  Then they say the inmate in the cell threw the tray.  The inmate is then put on what they call "The Loaf."  This is a glob of beans and grits and other vegetables, all cooked together and it looks real bad.  They get this for seven days.  Others, they gas them, then strip their cells, all but a pair of undershorts.  They don't let them clean their cells or shower after being 'gassed.'

Others here at Santa Rosa CI can tell you the same:  They have now turned off the air input fans in the cells, stating that it is too much wear on the motors to leave the air system on.  The blower fans are the only source of ventilation in the cells.  But, they refuse to correct the problem.  I have a lot of documented proof of beatings, assaults, cover-ups by inspectors from the Office of Inspector General all the way down to the prison itself.  I can send you copies, but I have to only send a few at a time.  Postage is a problem.  I get one free letter a month and will write as often as I can.

Enclosed are medical record copies.  Put them on the internet so people can see for themselves about X-wing at the Florida State Prison and how bad the beatings really were.  These are the actual medical reports from the hospital I was sent to on January 13, 1998, after I was beaten, written by the doctors who treated me.

Well I must go now.  I will write again soon.  You may ask anything you want to know.  I will let you know whatever I can, and as I said, put my letters, the medical records and all other facts I send you on the internet or in any other news letter or publication you want to put them in.  If the prison officials don't like it, so be it.  They have already done all they can do to me short of killing me.  If they do that (instant death, instant glory), so they still loose.  Write soon.

Yours Respectfully,
David Christopher Skritch
061637

HOSPITAL REPORT ON BEATING

As a result of the beating administered by Officers Timothy Thornton, Jason Griffis (both involved in Frank Valdes' murder), and others at Florida State Prison X-wing, David has filed suit #99-742-CIV-J-21-B.  KL

May 22, 2000

Dear Kay Lee:  Here enclosed is a copy of the law suit filed in my case.  You can use my name and the information and the rest as it has all been in the news already.

Here at Santa Rosa "C."I., they are gassing inmates on a daily basis on C.M. and for no reason at all.  Most of the time, the guards say the inmate is talking too loud and gas them.  Or if they refuse a call out, they gas them.  Or if they refuse a shower, the guards gas them.  This has been going on since March 14, 2000, when they came into the buildings with about forty officers and just started gassing inmates and taking all their property and destroying books, papers, pictures, and personal items.  They stated it all was a 'fire hazard'.

Use the Enclosed legal documents.

UPDATE ON DAVID'S SUIT

SKRITCH V. THORNTON
15 FLA. L. WEEKLY, FED C 265 (11TH CIR. 1/29/02)

THE 11TH CIRCUIT RECENTLY VACATED ITS PRIOR DECISION IN THIS CASE FOUND AT 267 F.3D 1251 911th (cir. 2001), AND ISSUED A REVISED OPINION REPORTED AT THE ABOVE FEDERAL LAW WEEKLY CITE.

IN THE INTERLOCUTORY APPEAL FILED BY CORRECTIONAL OFFICERS WILLIE ARCHIE, JAMES E. DEAN, STACEY L. GREEN, AND TONY ANDERSON, THEY ARGUE THAT THE DISTRICT COURT ERRED IN DENYING THEIR MOTION FOR SUMMARY JUDGMENT BASED ON QUALIFIED IMMUNITY.

FLORIDA PRISONER DAVID C. SKITCH SUED THE OFFICERS UNDER 42U.S.C. SECTION 1983 ALLEGING A VIOLATION OF HIS EIGHTH AND FOURTEENTH AMENDMENT RIGHTS WHEN HE WAS SUBJECTED TO AN EXCESSIVE AND UNJUSTIFIED USE OF FORCE WHILE INCARCERATED AT FLORIDA STATE PRISON.

IN ADDITION TIMOTHY A. THORNTON AND JASON P. GRIFFIS, BOTH F.S.P. OFFICERS, APPEAL THE DENIAL OF THEIR MOTION TO DISMISS BASED ON QUALIFIED IMMUNITY IN THE SAME ACTION.

THE 11TH CIRCUIT HELD THAT IN THE ABSENCE OF EVIDENCE THAT FORCE WAS NECESSARY TO MAINTAIN ORDER OR RESTORE DISCIPLINE, SKRTICH'S EIGHTH AMENDMENT RIGHTS WERE VIOLATED WHERE PRISONER WAS ELECTRICALLY SHOCKED TO RENDER HIM UNABLE TO RESIST AND WAS THEN KICKED, PUNCHED, AND BEATEN BY CORRECTIONAL OFFICERS.

OFFICERS WERE NOT ENTITLED TO QUALIFIED IMMUNITY BECAUSE THEY WERE ACTING WITHIN THE SCOPE OF THEIR DISCRETIONARY AUTHORITY AT THE TIME OF INCIDENT WHEN THEY UNLAWFULLY BEAT PRISONER SKRTICH.

THE COURT REJECTED THE PRISON GUARD'S ARGUMENT THAT THEY WERE INSULATED FROM FEDERAL LIABILITY FOR EXCESSIVE FORCE USED IN CELL EXTRACTION. AS THE COURT PROPERLY RECOGNIZED, EXCESSIVE FORCE ANALYSIS HAS NEVER TURNED ON PHYSICAL LOCATION OF VICTIM WITH RESPECT TO AN OFFICIAL'S APPLICATION OF EXCESSIVE USE OF FORCE.

ANALYZING AN EXCESSIVE USE OF FORCE CLAIM THE COURT NOTES THAT A DE MINIMIS (MINIMAL OR INSIGNIFICANT) USE OF FORCE CANNOT SUPPORT A CLAIM FOR EXCESSIVE USE OF FORCE, THE INJURIES SUFFERED BY SKRTICH WERE NOT THE PRODUCT OF DE MINIMUS APPLICATION OF FORCE WHERE HIS INJURIES INCLUDED MULTIPLE RIB FRACTURES, BACK INJURIES, LACERATIONS, AND ABDOMINAL INJURIES THAT REQUIRE HOSPITALIZATION FOR 9 DAYS AND REHABILITATION FOR MONTHS

FURTHER THE COURT NOTED THAT FORCE ADMINISTERED BY EACH DEFENDANT IN ALLEGED COLLECTIVE BEATING NEED NOT BE ANALYZED SEPERATELY TO DETERMINE WHICH OF DEFENDANTS BLOWS, IF ANY, USED EXCESSIVE FORCE WERE EVIDENCE, VIEWED IN LIGHT MOST FAVORABLE TO PRISONER'S INJURIES.

THE COURT CONCLUDED THAT DEFENDANTS THIRD MOTION TO DISMISS BASED ON QUALIFIED IMMUNITY WAS IMPROPER AND SHOULD HAVE BEEN DISMISSED BY THE COURT. THE COURT CRITICIZED THE DEFENDANTS' USE OF LEGAL TACTICS DESIGNED AND EMPLOYED ONLY TO DELAY THE PROCEEDINGS.

(NOTE : TWO OF THE DEFENDANTS IN THIS CASE, THORNTON AND GRIFFIS, WERE RECENTLY ACQUITTED IN THE MURDER OF DEATH ROW PRISONER FRANK VALDES ED)

USE OF FORCE