Received Nov 19th, 2010:
It is clear that Warden O. Baca at the High Desert State Prison, located in Indian Springs, Nevada, has focused his attention on Prisoner James Wardell #92924 for exercising his First Amendment rights for filing a Prison grievance and to pursue Civil Rights litigation in the courts for Retaliation by his appointed official.
Inmate Wardell filed a grievance on Warden Baca for pulling him out of cell 3-B-#15 and putting him in cell # 1 at (OPS) naked for 10 days in an isolation cell in unit #14 called the Operations Building.
This was done because Inmate Wardell exposed one of Warden Baca´s well-known informants, or because Inmate Wardell has been vocal over the abuses the H.D.S.P. is well-known for, such as poor living conditions, cold food no matter when it´s served, the facility´s refusal to follow its own AR´s and Procedures that were inacted, yet the staff refuse to follow, ad they do as they wish. With full knowledge they´re not going to be instructed to do otherwise! Inmate Wardell is now being refused release from Ad. Seg., all because Warden Baca told his Caseworker: Quote:
I don´t like Wardell, “So transfer Wardell off my yard right now.”
But O.M.D. (Offender Management Division) said no to the transfer, and Warden Baca still refuses to release Inmate Wardell back into General Population.
This Inmate has no enemies or sepertees listed on H.D.S.P., has been on this prison yard for over 20 months now, and has not been involved in any recorded violent issues.
But it´s clear that Warden Baca´s retaliation methods are because Mr Wardell is exercising his Constitutional Rights, and because Mr Wardell is vocal on Prison Reform and argues for changes to help the Prisoners, as some are clearly in fear of retaliation over such that he is faced with now. In which Warden Baca´s actions can only be construed to chill Mr Wardell´s First Amendment Rights.
Because there is no legitimate penological purpose for not returning Prisoner Wardell back to G.P. except for Warden Baca´s dislike of said prisoner, if this is not a clear view of retaliation by a Prison Administrator, we would hate to venture to see what is.
So this is the Nevada Department of Corrections Policy of how they deal with men who try to exercise their Constitutional Rights, or voice their views and opinions over mistreatment and abuses?
State of Nevada
County of Clark
Sworn Affidavit per NRS 208.165
I James K. Wardell, do hereby swear under the Penalty of Perjury that I have made the above statement, and can back up these facts with Documentation to the truth.
Dated this 11th Day of November 2010
Signed: James K. Wardell #92924
Inmate Wardell has had e-mail (Jpay) withheld for up to 10 days (The Vera Institute of Justice Accountability Report on the NDOC).
Personal mail received but no contents in the envelopes, property confiscated and refused to mail out his property. And now that he is 149 days from discharging they refuse to release him from Ad.Seg. back to G.P.!
You can judge a nation by how it treats its prisoners. What grade do we give the State of Nevada?
Mr Wardell requests to have this published here. In support of his grievance, we do so. We hope that his rights will be acknowledged and that retaliation will no longer be tolerated at all inside the prisons in Nevada.
Check out the JusticeForNolanKlein.com website Look at the Wrongful Death suit. This suit has brought to light the retaliation of inmates by administrators who voice their concerns and their Constitutional Rights.
Changes will be made for the inmates through Nolan Klein’s death.