May 4
TEXAS:
DEATH ROW INMATES SUE TEXAS GOVERNOR RICK PERRY AND SENATOR JOHN WHITMIRE FOR
ABUSIVE CONDITIONS
Thomas Whitaker, an inmate on Texas death row, has filed a class action lawsuit
against Texas Governor Rick Perry, Senator John Whitmire, and the Texas
Department of Criminal Justice for the inhumane and unconstitutional conditions
under which the men on death row must live. Allegations include taking away
wheelchairs from those who cannot walk, denying mental and physical health
care, being held in solitary confinement for over ten years without any legal
justification based on their conduct, dangerously unsafe living conditions,
inadequate nutrition, inadequate exercise, denial of adequate access to
telephones, destruction and loss of necessary legal documents, denial of
religious freedom, denial of fair administrative process, failure to timely
deliver mail including legal correspondence, and other abuses. In the case of
Ruiz v. Estelle, the U.S. District Court for the Southern District held that
conditions for the Texas prison system were unconstitutional but also held that
the inmates of death row would need to bring a separate lawsuit to address
their unique situation. That is the action now being taken by Whitaker. There
have been acts of retaliation by TDCJ toward men who have been a part of this
suit or similar litigation.
Thomas Whitaker, No. 999522 age 32, from Fort Bend County, Tx----Residing on
Texas Death Row since March 2007, convicted under the Law of Parties.
Contact Information
Robert B. Wells, Co-Director Descending Eagles
email: mfelps@descending eagles. org
O. Box 49339, Austin, Tx 78765<>P> 3724 Jefferson, Ste. 309, Austin, Tx 78731
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The following acts and omissions of the Texas Department of Criminal Justice
have caused irreparable harm to all residents of death row at the Polunsky Unit
in Livingston, Texas. These acts and omissions continue to harm the residents
of death row at the Polunsky Unit.
All residents now housed at Polunsky, previously housed at Ellis, on death row
were put in solitary confinement in administrative segregation improperly and
in violation of the existing plan for incarceration of those persons on male
death row. Although most of the residents had not been charged with or found
guilty of any conduct that would be punishable by solitary confinement, they
have been retained in solitary for over ten years (since 2000). No less than a
full due process hearing is required to determine whether there is a valid
reason for the continued confinement in solitary. No such hearings have been
held. The Texas Department of Criminal Justice regulations require a hearing
with attendance by the Plaintiff, the warden, and the Classification Committee
of the unit to determine if administrative segregation is appropriate or to
extend such conditions beyond a limited period. There have been no such
hearings. Those so held do not meet the Texas Department of Criminal Justice
[TDCJ] requirements for such confinement because there has been no
determination that each individual is in need of segregation for his protection
or safety; there is no violation of the regulations of TDCJ for which a hearing
is pending, there is no reason to assume that all are "custody risks" when they
have shown no signs of being such. The fact that another person attempted
escape does not make this entire class any more of a custody risk than the
average person incarcerated in the general population.
By both action and inaction basic human needs of adequate food, safe shelter,
adequate exercise, medical care and living conditions conducive to mental
health are being denied every resident of death row. There are frequent
failures to provide sufficient nutrition for the residents of death row in
their daily food provision. Housing conditions include unsanitary living
conditions due to inadequate cleaning of the cells and shower areas. At times,
no cleaning product other than water is used by those performing general
cleaning. Residents are not given access to cleaning products to maintain their
cells in a sanitary condition and to kill black mold. Although security might
dictate precluding caustic chemicals in the area housing those who might be a
security risk, there is no reason to deny them ordinary cleaning products to
keep their living area safe from disease causing bacteria. The food trays are
often placed on the floors where there is sewage or spittle. The showers have
inadequate ventilation causing it to be so humid and hot that residents have
been made ill. The attorney visitation booths are not adequately ventilated for
the residents. When an unruly resident is being gassed for misconduct, the
other are exposed to so much of the caustic and harmful fumes as to also suffer
from the contact. There is inadequate exercise. One hour a week is inadequate
for the maintenance of physical health. There is no reason access to the
outdoors and vigorous physical activity daily should be denied.
The cells have inadequate ventilation and they effectively shut off the
residents from all contact with the outside world. The occupants of the cells
are subjected to harsh temperatures. The ceilings of some cells leak and there
is black mold growing in some cells. Lights are controlled by officers who turn
them off and on at their discretion exposing those trying to sleep to light
that awakens them and prevents adequate rest. Food is served at hours not
usually considered appropriate for meals with no justification for such a
schedule. Clothing also is delivered at hours designed to interrupt sleep.
Other than the brief periods they are allowed out to shower and one time a week
they are allowed recreation, they are in solitary confinement 24 hours a day, 7
days a week. The prolonged period of sensory deprivation has resulted in
serious mental health conditions. No effort has been made to examine the
residents of these isolation cells to see how they have been damaged by these
conditions.
There has been a frequent lack of care used in regard to legal documents. When
their cells are searched for contraband, their legal documents are often tossed
in with other property and subsequently lost or damaged.
In violation of the regulations of the Texas Department of Criminal Justice,
"legal visits" between offenders in order to obtain needed assistance in their
legal cases have been curtailed. Adequate postage is denied which prevents
corresponding with legal counsel when necessary. Mail sent to or received from
legal representatives has been opened and read. Access to law books is very
limited and difficult as well as access to information that could be gained
from having greater access to the library and to television. Telephone access
so as to be able to contact their legal representatives is not permitted.
Residents of death row are denied adequate telephone access to contact legal
counsel. At times, the transport of the resident is so slow that they are
denied access to legal counsel. Counsel often is forced to wait for up to an
hour or completely denied a legal visit.
Residents of death row have been denied reasonable treatment for diagnosed
medical conditions. Medical staff exhibits indifference or is unavailable.
Dental care is extremely inadequate as is care of vision. Those in need of
wheelchairs are now being denied access to a wheelchair and required to walk
using a walker out of an excessive reaction to one person having been a
security risk because he was being transported in a wheelchair when a weapon
was found in the wheelchair. There is a concerted effort to avoid identifying
the mentally handicapped for fear it will lead to them getting their sentences
reduced to life rather than execution. Further, the mentally ill are not housed
separately as is required by the regulations. Those nearby are kept awake by
the shouts of those who are psychologically disturbed. There is inadequate
treatment of the mental health issues that incarceration in these conditions
necessitates. There is totally inadequate screening to determine whether mental
health issues have arisen. There is inappropriate supervision of the mentally
ill in terms of their maintenance on the prescribed treatment. The seriously
mentally ill are not transferred to more suitable facilities nor is staff
trained to deal with them properly.
Prescribed medications and "over the counter" medications are not provided
promptly or consistently so as to allow maintenance of the health of all
residents, both mentally and physically in need ofregular treatment. Both the
mentally and physically ill have had the water turned off in their cells to
prevent them from urinating due to dehydration. They have been denied food so
as to not have fecal matter if the mentally ill individuals throw feces at
guards. The physically ill had hemorrhoids and was bleeding excessively. At
such time as each such sick individual became unable to move, they were finally
given some degree of treatment at the University of Texas Medical Branch in
Galveston, Texas. Contrary to the ethical standards required, no physician or
guard or warden reported these crimes of abuse. The elderly, diabetic or
mentally ill have been abused because they could not move quickly or fell due
to their fragile condition. The very severely mentally ill are incapable of
completing their administrative appeals due to their condition. Everyone
suffers emotional trauma from witnessing these episodes of abuse of weak and
fragile individuals. The mentally challenged or mentally ill are subject to
punishment for their failure to understand the regulations they must follow.
Their non-compliance due to confusion leads to longer and longer confinement in
segregation without clothes, mattress, linens, and inadequate food and
medication. Guards are poorly trained in mental health so as to recognize
whether there is real misconduct or a lack of comprehension. Those who are
delusional are harassed and tormented by some guards. These guards are not
disciplined or terminated, but are allowed to continue to abuse the mentally
ill.
Those who are mentally ill are incompetent to personally bring any grievance or
complaint on their own behalf. Assistive devices such as braces, medical issue
boots, and wheelchairs have been confiscated and not provided to those
requiring them for proper function of their extremities or movement from
location to location. Adequate pain medication is routinely withheld.
All residents are denied activities that would be conducive to good mental
health such as an opportunity to engage in creative work or crafts which are
allowed those in the general population of the Texas Department of Criminal
Justice and only denied to residents of death row, including those who have
nearly perfect conduct records. They are further denied access to television.
These activities were allowed until recently. Some men escaped from Ellis, as a
consequence of their conduct - not the conduct of the current residents of
death row at Polunsky, all previous activities that actually provided the
residents with an incentive to improve their conduct so as to be able to engage
in such activities, have been curtailed. It should be noted that the residents
of death row purchase the materials with which to do crafts from the commissary
operated by the Texas Department of Criminal Justice which provides money for
the operation of the prison system. The men then were able to sell their work
and spend the money paid for the completed craft project at the commissary,
which actually recirculates the money again into the income of TDCJ. There is
no security reason for denial of this activity. Furthermore, when a resident
attempts to design his own craft activity, it is destroyed because using shoe
strings or thread or plastic lids to make a craft is deemed using the item for
a purpose other than the one originally intended. This is cruel and an absurd
abuse of authority.
The residents of death row are thwarted in their attempts to pursue their
administrative appeals as these appeals are mislaid either accidentally or
intentionally or by there being a denial of the right to pursue their
administrative appeal to conclusion due to action designed to delay or
circumvent the administrative process.
Access to religious literature and other religious objects is denied in an
indiscriminate manner. Those on death row are also denied the right to attend a
religious service. No religious service is available for them to attend. Some
are denied access to a representative of their faith as a spiritual adviser. In
regard to adequacy of food, food that is Halal or Kosher is being exposed to
pork grease.
The mail room is one of the worst situations for those men on death row. Entire
publications are being withheld because the newspaper or magazine contains one
article that the particular person screening the mail found unacceptable
without applying the written standard as set out in Department regulations.
Correspondence is very, very frequently mishandled. There is an ongoing
retaliatory process to prevent some residents from sending or receiving their
mail or to delay receipt of their mail unnecessarily. The amount of postage
actually physically permitted each individual has been unduly and unreasonably
curtailed. Access to postage at all has also been unreasonably curtailed. Legal
mail has been opened before being delivered and has been read. Outgoing legal
mail has been read.
The is no justification for denial of access to television. Television was
available until death row was moved to the Polunsky Unit. Charitable groups
have offered to donate televisions, there is an empty rack for holding a
television in the day room, but no television. There is no valid security
reason for denying access to the educational and recreational benefits of
television. No other residents of penal institutions in Texas are denied
televisions. This, on occasion, denies access to information that would be
beneficial in regard to their legal defense.
The opportunity to work in a job in the Department of Criminal Justice is now
suspended. That suspension needs to be ended. Other men found guilty of murder
who are in the general population are permitted to work. This would be a very
strong incentive for the men to maintain good conduct. Many, if not most, men
on death row would be eager to have an opportunity to perform work. This would
reduce the cost of maintaining their pod. They would willingly clean their pod
themselves. They would maintain their own living area better than it is now
cleaned.
Giving any person who is incarcerated incentives for good conduct is going to
result in fewer disciplinary problems. Treating people fairly and with decent
concern for their health and safety and emotional needs will result in a group
that is easier to discipline. Those who do not respect the opportunity, then
deserve to have opportunities denied.
(source: Minutes Before Six)
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