This is an issue with a request that has a deadline : it has been expanded to November 24th 2010
Request by a prisoner at ESP for Affidavits and Grievances by other prisoners for a class-action lawsuit concerning AR 740 the Grievance Process
(We are posting this again to attract attention from family and friends of prisoners at Ely State Prison).
On May 11, 2010, Jeremy Allen Crozier filed a lawsuit against Defendants Jim Gibbons, Catherine Cortez-Masto, Ross Miller, Howard Skolnik, James Cox, E.K. McDaniel, Debra Brooks, Renee Baker and several caseworkers at Ely State Prison for Deficiencies in the Inmate Grievance Procedure, known as Administrative Regulation #740.
Furthermore, Plaintiff Crozier filed motion to treat this lawsuit as a class-action on behalf of all inmates at Ely State Prison. However, the Nevada Attorney General´s Office, on behalf of the Defendants, argues that this case cannot be treated as a class-action lawsuit, because no other inmate filed grievances, but Plaintiff Crozier.
As a result, the court will not treat this civil suit as a class-action unless numerous inmates immediately file Grievances, and Affidavits upon the Deficiencies in the Inmate Grievance procedure, and the practices thereof by the Defendants.
Some issues to consider regarding any possible deficiencies regarding the Grievance procedure include, but are not limited to:
– Staff do not bring the grievance box around
– Staff reading and responding to grievances before grievances are logged
– Grievances not date-stamped
– No investigations into inmate grievance claims regardless of merits
– All grievances are denied regardless of merit
– Grievance system used as either a sword, or shield against inmates depending on what benefits staff most
– Inmates have no to short time limits to file original grievance and appeals
– No criminal investigations unless approval by staff during the Inmate Grievance Process
– No definition, nor standard, for emergency grievances
– Untrained staff related to the grievance issue respond to grievances
– Retaliation by staff
– Grievances are sent to staff
– Attached evidence to grievances destroyed by staff and never returned to the inmate
– Same staff member who responded to original grievance will also respond to inmate grievance appeals.
If any of the above apply to Grievances you may have previously filed, or others you know, please file a new grievance listing each error, or injury, caused to you. You should always read Administrative Regulation #740 before filing any Grievance. Also, please take a few minutes to write an Affidavit to Plaintiff Crozier, or on his behalf, listing each Grievance error as so he can attach them to his motion for class-action, and appointment
of class counsel.
The NDOC loves to play games, and make the grievance process an insurmountable hurdle for inmates as we all know. In addition, the U.S. Supreme Court ruled that inmates and prisoners must completely comply with all grievance policies for the grievance to meet exhaustion requirements, which is mandated by the Nevada Revised Statutes for everyone. As a result, everyone should state in their grievance as a first sentence:
“My one grievable issue is that the NDOC and staff thereof do not follow department policies.”
Then go forth to list each error. Otherwise your grievance will be thrown out, or rejected for filing, upon ´too many issues.´
Most important: be sure to list any, and all injuries that you suffered, such as delayed medical treatment, deny in First Amendment Right to access the court, denial of legal material and so on, and so forth.
Issues to file on the Grievance are:
NDOC does not adhere to AR # 740 as my grievance issue (that must be their first sentence as Grievance).
Then state: Staff do not follow grievance response times, grievances are not date-stamped, staff retaliation for inmates filing grievances, evidence inmates attach to their grievances are destroyed by staff and never returned to the inmate, inconsistent grievance responses, no investigation into inmate grievance claims, all grievances are denied regardless of grievance claims and merit, unqualified staff respond to inmate grievances, no
emergency grievance definition, nor standard, grievance forms do not state instructions for filing an appeal, inmates do not receive staff responses, grievance files are kept confidential, grievance policies are unconstitutionally vague, grievance policies are not followed by staff, too many inmate grievances per responding staff to adequately and meaningfully handle, staff who answer original grievance also respond to inmate grievance appeals (any other reason also list). All claims cause undue risk of life, limb, property of the inmates.
Affidavits must state the same. Inmates can send all affidavits to address below (White Pine County Clerk) before August 31st 2010! So the deadline will be August 25th, to be safe.
Plaintiff Crozier filed his lawsuit in White Pine County Court, and he requested money damages for every inmate at Ely State Prison. This does not mean the court will award money damages, and the courts are not required to do so. However, the ACLU allowed the Defendants off easy and with no punishment for their actions in their Riker v. Gibbons civil lawsuit. Yet, all inmates have opportunity to keep the momentum against the defendants for every mis-step they took regarding the inmate Grievances, especially, upon all our medical Grievances.
Remember, we need all the Grievances and Affidavits possible, and encourage other inmates to take an hour to file both. Be sure to keep a copy of your Affidavits, because the NDOC loves to destroy them.
Send your affidavits to:
White Pine County Clerk,
801 Clark St.,
Ste # 4,
Ely, NV 89301
All Affidavits must contain in the upper left hand corner:
Case NR CF 1003012, Dept no. 2
Received per mail, dated June 24th and June 27th 2010, updated August 8th 2010.