At no other time have more inmates been isolated or locked down in Nevada prisons in over a hundred years than during this time when McDaniel has taken over

Letter sent to us to send for:

Mr. Senator Tick Segerblom
3540 West Sahara Avenue, Suite 352
Las Vegas, Nevada 891025816

Presenter of Senate Bill 107

I am writing you in response to responses made to the press by E.K. McDaniel (deputy director of NDOC), as well as comments of “facts” you made to the same article(by Matt Woolbright and the Associated Press).

Firstly the comments by Mr McDaniel could not be more misdirected or blatant lying to the public in regards of housing in Solitary Confinement. At no other time have more inmates been isolated or locked down in Nevada prisons in over a hundred years (per ratio of incarcerated percentages even) than during this time when McDaniel has taken over.

It is through this mis-information and mis-direction that Ely State Prison is completely locked down except ½ (half) of a workers unit. It is not because of violence that this prison is permanently on isolated lockdown, because even with only less than 24 men able to leave their cells (as where the rest are on 24 hour lockdown) ESP continues to be the only prison with a death rate of at least one man per year caused by the inability to leave their cells.

This is only a small fraction of the argument that can be made in regards to the comments made in this article. Another being – segregated inmates do not have everything general population does. See AR733. Inmates are allowed a TV – or radio – however this becomes a game of power and abuse to the offenders. 

McDaniel’s ½ truths don’t tell you that for any rule infraction the TV or radio is taken away for 60 days more and so on goes the game. Any infraction is another 60 days. Inmates can go years without any appliance. The same game is applied to food, books, showers. For example: inmates lose an average of 20 LBS while in “Disciplinary Segregation.” The portions are half and if an inmate has any altercation (verbally, because there’s norecreation yard for days, weeks on end), then his food is withheld for a week! Ely State Prison is so isolated without overview, that abuses of Constitution and Human Rights are rampant in this prison.

However – you claim inmates are not paced in Isolation for months and years. Sir, bluntly spoken you have no clue what you’re talking about. Don’t go to Lovelock and presume you know how I tis for all NDOC prisoners. That kind of comment, made from blind ignorance, is just… well is a farce of grotesquerie.

I myself have spent 10 out of 14 years in Isolation. There are men who have spent the last 15-20 years in Isolation. The only reason being the Administration claims that there are others they will hurt, or want to hurt them. With this excuse ready able to be given by your ignorance of how people in prisons are truly being abused and are being punished – that is the only excuse they used.

I have been in ESP for almost 15 years. 12+ years have been spent in lockdown. .This form of confinement is still Solitary Confinement. Having one other man that you must live with 24/7 with no jobs, schools, group therapy, or contact without restraints is still isolated confinement, Sir. Try living in your bathroom for the next 12 years with no one but another stranger as company. It makes for a violent, paranoid, uncertain situation, Sir. Men are dying or beaten into a hospital bed, simply because they can’t leave when/if an argument breaks out.

You may argue it’s because we are the worst of the worst. This too is a misdirected and misinformed argument, Sir.  Even still, if we are all the worst of the worst, then locking us up in a cell with 24/7 living isn’t much more than putting two rabid dogs together now, isn’t it? Statistics tell the truth here, Sir. No other prison is locked down like this one. Yet only Ely State Prison continues to report deaths. Each year. This is Isolation, Sir. Over 800 inmates on 23-24/7 lockdown. No classrooms, no group interaction – no way to correct or give help to make an inmate learn to do & be better.

Further – there are men in ESP lockdown that did nothing more than give a dirty urine or had a fist fight or were informed on with noevidence, that they were bad guys. They will go home very soon and yet they are forced to be confined and isolated with murderers, rapists and violent criminals so labeled by this abusive system.

The issue Sir is that the Isolation Confinement – whether it is Solitary or Double cell Confinement is the cause of more problems. The system would work if it was being worked. There are those who get flushed through at a normal rate – giving the appearance of a productive system. But there are those such as myself who have had no group interaction (like any social society) in more than 11 years.

I have lost most of my facial recognition skills – my ability to voice complete and comprehensive discussions. My sleep patterns are extreme and my ability to tolerate spacial acceptance is very low. These are only some of the effects long term confinement causes.

Yes, I will be straight forth – I am a convicted murderer. However, my cellmate is a petty burglar sent here for fighting. This is the issue. There are no programs to teach me to be a better person. How can we learn to live better lives? When I do good I’m still locked down – I am still chained any time I leave my cell. I have not touched grass in 12 years. I amin prison, I was convicted. But am I supposed to learn and be better? If so – what good does this solitary confinement do?

What exactly do you know of Isolation Confinement?

If Solitary Confinement is defined as 16 hours per day in a cell, then what is the limit on double cell confinement? Is 23 hours 7 days a week for 12 years good enough to meet your criteria to constitute a problem?

When you really understand what it’s like to be confined, then I hope you folks do what is right and begin to make changes and put your $ where your mouths are to help us learn to be humans not animals in cages.

Sincerely,

An inmate confined at Ely State Prison (name known to NV PW, email was sent to Mr Segerblom earlier today, but for now we want to keep name of author private for fear of retaliation)
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Nevada Jurisprudence and Prison Report Vol 2, No. 5 (Summer 2012), published Dec. 2012

Nevada Jurisprudence and Prison Report

Vol. 2, No 5      “Veritas in Caritatis”            
Summer Issue 2012

THEME: “Audi alterum partem”
Listen to the other side!

“Voice of the Nevada Jurisprudence and Prison Report”
E-mail:  nvjprudence@gmail.com  
http://nvjprudence.wordpress.com

Statement of Purpose:

The NJPR Newsletter reports on current prison conditions, good and bad; more importantly it looks at and evaluates the legal processes and the substantive laws which are designed to keep men in prison: Pre-trial issues, probation and parole policy, sentencing structures, post-conviction law, and most important, the philosophy underlying policy in practice.

The purpose of the NJPR Website is to provide a repository of affidavits, declarations and grievances in Web-Dossiers organized by categories of intuitional behavior. Fundamentally, this is a whistleblowing organization trying to associate with other “transparency” projects at an intrastate, national and global level. We seek to identify patterns which can be utilized by the U.S. Department of Justice.

We invite any resident, and especially judicial officers of the Courts and government Administration to write letters to the NJPR.

Index to this Issue:

Section One: Conditions

1. Civil Actions Against NNCC Law Library Closures
2. Parole News: AB 85 Committee Report, Aug. 20 2012
3. Compassionate Release DOES Exist?
4. Cop Beaten by Inmate

Section TWO: Law, Equity and Policy

1.     Ex-Con Travel Passport Policy
2.     Quis custodiet ipsos custodies? Administrative Law Loopholes

Section Three: Art, Culture, Education and Religion

1.    “Christian” Hater Habits and Correspondence Policy
2.    Inmate Intellectual Activities at Rock Bottom
3.    Call for Fast Against Injustice
4.    Thoughts on Henry David Thoreau

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Section One: Conditions

1)   Civil Actions Against NNCC Law Library Closures

The prisoners at NNCC have voiced their grievance at both the Federal District Court and the local district state court. The Federal petition was kicked to the curb  apparently. The local action taken was a writ of mandamus/alternative. The court tried to chill the inmate litigants by illegally demanding a federal level of proof of indigency.

The closure of the law library is conjectured to be a long-range plan to lock-down the last remaining medium custody yard in the Nevada system. At this writing, the plan is to create a level system here, which is usually reserved for high security situations. The administrator has just informed the Prison Industry workers they will be moved from cell-designed unit four, to a barn designed unit 10. The battle against state sovereignty begin.

2)   Parole News: AB 85 Committee Report, Aug. 20 2012

The Nevada legislature created in 1999 an Advisory Committee to study the draconian sex laws and the registration requirements. NJPR wrote to the Legislative Counsel and received the minutes of its second report. The committee is monopolized by the “criminal justice community” members and under the dominium of the Executive branch Attorney General.

The meeting minutes express with great satisfaction that their laws now conform to the Federal SORNA, which threaten individual states with a 10% loss in Federal Justice Assistance Grants. The Parole and Probation Department come into the prison to break the “happy” news about the decrease of liberties for released inmates condemned for sex crimes, leaving behind public information pamphlets on the subject. The Legislative Counsel refused to send additional documents (exhibits) of the AB 85 Committee, instructing us to contact the boss of the Committee, the Attorney General. Separation of powers issue seem to be implied.

3)   Prisoner Let Go on Compassionate Release!!

Some months back, NJPR reported on the lack of statutory authority for releasing men to families to die. Our old friend Doug died stuck on the yard we reported; but recently another very ill man was actually let go! Which is great, but what is the procedure? Is it a new procedure? Is it covered by an Administrative regulation, or by legislative statute? Or does it come under the common law of executive clemency of the executive branch chief, the Governor of the State of Nevada?
              To be continued…

4)   Cop Taken on in Fisticuffs After Taunting Inmate Complaining of Broken Property

The custody managers of the prison decided to do a deep search of a barn-like housing units at NNCC, and the staff well instructed by their supervisor to be zealous. The result was the destruction of the property (some say it was a trivial Styrofoam dinner tray) of an inmate, who went up to the unit officer in a rage, yelling about his loss.

The officer did not respond with an apology about the breakage and the inconvenience. The officer responded with aggression and a throat of immediate arrest and placement in the “hole”. The inmate apparently took the Cop’s aggressive comments to be an invitation to have a boxing match, and commenced to pummel the officer to the ground. Why taunt? Is it smart? Is it respectful? Is it prudent? Is it in accordance to the Code of Professional Conduct?

Section Two: Law, Equity and Policy

1)   Felons and Ex-Felons, and Foreign Travel

We still receive lots of inquiries about the truth of U.S. Passport policy. This is taken verbatim from a letter from San Francisco Passport Agency:

“Indeed, the information you received is correct… Felons and ex-felons are allowed to apply for and receive passports; but please note there are exceptions to this rule. In certain circumstances, felons and ex-felons are given a “namecheck hold” status (depending on the specific circumstances) by law enforcement and when we receive a namecheck hold we are required to have these applications approved by our legal department  in Washington D.C. If legal approves these, we issue the passports. If legal does not approve these, we do not issue the passport and send the applicant a letter and advise them that their passport could not be issued at this time. Please note that in these circumstances, no refunds are given.”

2)   Quis custodiet ipsos custodies? Administrative Blind spots

There used to be, among the American people, a healthy distrust of the individual states. The people were wary of the state’s disrespect and disregard for constitutional rights of the United States, and would look to the federal government for the vindication of those rights. But the states have been able to utilize the coercive power of mass media to create a unanimous identity between the American individual person and the nation-state. This identity between the “people” and its government is the hallmark of the “totalness” of a totalitarian nation-state. But this merging of identity is an extremely new phenomena, and infects both camps of the struggle between “federalists” and “state’s rightists”. The first identifies with the federal government, the second is loyal only to the local despot over the federal agent. The tension of this social conflict is perceptible in the Supreme Court of the United States, especially in the Marshall-Brennan era.

For a good illustration of the attitude creep over time, let’s look at a passage from Coleman v. Thompson 501 U.S. 702, in the dissent of Blackmun, Marshall and Stevens. This is a case that “states rights” philosophy continues the trajectory towards totalitarianism through “its crusade to erect petty procedural barriers in the path of state prisoners” seeking justice in the federal courts, by creating a “Byzantine morass of arbitrary… impediments to the vindication of federal rights” but the right being eroded, the right to come to a higher law, springs from a duty, as all rights do—the duty of the federal courts to keep a vigil over the state’s treatment of its citizens. About the source of this duty, Blackmun notes: “Indeed the duty arose out of a distinct distrust of state courts, which  this court perceived as attempting to evade federal review.”

This distrust reflects the truth of power, and the high degree of corruptibility of governments at local levels, and the higher likelihood of the breakdown of the Republican form of government that prohibits the merging of the branches into a “total” state at the local level. It is a prudent habit of caution and the intellectual virtue of circumspection to “distrust” the political seats of power in the shadows of localities. Even the federal district courts are subject to passively give in to the pressures of the various pressures of the executive and legislative branches.

This healthy intellectual distrust of local governments is evident in the Supreme Court insofar as there are judges on that bench that have not swallowed the mythology of the “states rights” doctrine. The Supreme Court is more impossible than local courts due to three things: the dignity of the institution, the extremely high public visibility, and lack of local connections that could influence its Justices. These natural political prophylactics against corruption are not present in local state courts.

And they are not present in state prison mechanisms of local “justice communities”. Normally, both state and federal executive branch agencies are constrained by the Fifth and Fourteenth Amendments (respectively) to provide due process in the formulation of agency rules and the actions these agencies carry out upon the non-governmental social agencies of the Executive branch, although authorized and funded by the legislature.

But in Nevada (and probably many other states) the prison administration is EXEMPT from normal public participation, oversight and scrutiny as provided for by it Administrative Procedure Act. Nevada Revised Statute 233B.039 (1) (b) EXEMPTS the Nevada Department of Corrections from its rulemaking guidelines. Of course, the effect of this exemption is to make its operations invisible and secret. Even though Nevada has grand jury statutes that permits them to enter into prisons, this is a very rarely, if-ever-used vehicle to draw prison officials into the light of public scrutiny. The only reliable public participation in rulemaking by prison officials has been the end-user, prisoners themselves. But since local courts are now so much under the thumb of the executive and legislative branch, very little justice comes from courts. But that is all the more reason to keep up the good fight!

Section Three: Art, Culture, Education and Religion

1) Ely Chaplain Transfers to NNCC with Hater Habits

Chaplain Stogner came to NNCC after being brainwashed into Ely-style institutional hatred of human beings called inmates. His first Jesus-loving act was to tear down the Chapel schedule and cancel all “inmate-led” services and violated AR 810.3-7A “Inmate Facilitators”. Then he disinfected the chaplain office, installed a huge stereo-system apparently so he can thump his bibles to the beat of Christian-rock (a bizarre oxymoron).

A lawsuit is pending on several issues against his acts. One issue regards a threat he issued to an inmate for writing to the Roman Catholic Bishop Randelph Calvo. To make the story short, the inmate said “Reeaally?” and wrote a letter to the U.S. Conference of Catholic Bishops, who wrote an e-mail back as follows:

“… Nevada State prison inmates corresponding to and receiving letters from ordained clergy who are also volunteers at the correctional center of the inmate, correspondence is permitted regarding religious matters of faith and morals. When this kind of communication occurs the ordained clergy is acting in the capacity of a professional for the Church and not a lay volunteer.”

As mentioned above, NRS 233B.039 (1) (b) exempts the Department of Corrections from the watchful eye of normal administrative rule-making and adjudication. This creates a dark shadow where citizens hired as staff are invited to be “role models” of the typical consumer culture I-do-what-I-want attitude!

2) Broken Record Tactics: Give Men Something to Do

The first thing Charles Dicken’s noticed about the Philadelphia experiment of mandatory solitary confinement was the amazing creative output of the inmates. The only alternative to stark raving madness was for the wardens of the … to give the inmates opportunities for intellectual stimulus and things to do with their hands.

The Nevada policy is to drive men stark raving mad so that the resulting raving madness can become propaganda that brainwashing (by mass media) the public mind into believing inmates are sub-human, the worst-of-the-worst. Many other “states” have the same policy. Any state that has such a policy has no right to the name or status of “state”. The state has turned into a “nation-state”, which is more of a civil religion than a state, according to contemporary thinkers like.

NNCC has lost its Toastmaster’s International group, the Blue Eagles Gavel Club, all of its inmate led religions programs, all college level course offerings, all of its Alcoholic Anonymous meetings led by inmates and has reduced all inmate activities to psycho-Therapeutics or “programming”. They leave open the gym, organized sports and pool (billiards). Of course also the typical prison “weight-pile” for the bodybuilder cult. But if a fellow would like to buy a Great Course college class, that seems to be excluded by the “safety and security” of the institution.

3) Fasting as Social Action and Prayer for Justice

The Nevada Prison News (NPN) ran an article in its last issue (Summer 2012, p. 5) by SAMAEL, who calls on the audience of that Zine for a fast against the terrible conditions of Ely State Prison. The editors of NJPR are in full support of this. Mahatma Gandhi kicked out British oppressors by his practice of Satyagraha. In the ancient prayer practices of the Roman Catholic, and other Eastern Christian Churches, fasting plays a major role. There are entire seasons of fasting-prayer (Advent before Christmas and Lent before Easter). Every week there is a required fast on Fridays, and the Saturday night before Sunday Mass. The word “breakfast”  refers to the nightly fast of the monastic tradition—break-fast.

The important part of the fast is the intentionality, the “giving” aspect of the suffering that accompanies a fast. There are three kinds of ends to prayer in the Christian monastic view: purgative, the illuminative and the unitire. Fasting can be used to any of these ends. By fasting for the purging of an injustice in the world, we are using petitionary prayer.

Now, there is a doctrine of equity and natural law called the doctrine of clean hands: he who asks for justice must DO justice. If we are unjust ourselves, how dare we approach the almighty Creator? So, the intention for justice must be universal—we must wash our hands of our own injustices at the same time as the purging of social injustices in a specific sense.

So, that being said, this editor will offer up and participate in fasting toward any end (if good) suggest by other Nevada prisoners.

4) The Civil Religion of Henry David Thoreau
           
In the famous essay “Civil Disobedience”, Thoreau drops numerous memorable one-liners and gnomic phrases. For example here is one that should tickle the ears of inmates: “Under a government which imprisons any unjustly, the true place for a just man is also a prison”. How about this one: “Even voting for the right is doing nothing for it”.

And this: all men recognize the right of revolution; that is, the right to refuse allegiance to, and resist, the government when its inefficiency or its tyranny are great and unendurable”. These are all reiterations, not to poorly spoken of principles of natural law Andthis is my “The mass of men serve the state thus, not as men mainly, but as machines, with their bodies… In most cases there is no free exercise whatever of the judgment or the moral sense”.

All of this secular wisdom is for naught, and completely nulled out by the following declaration: “There will never be a really free and enlightened State until the State comes to recognize theindividual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly”. It can be, and has been demonstrated that there will never be a really free and enlightened state, period! Just like there will never be a man who is an angel, or impeccable (never making error).

The American writer looks at the state from an epistemological perspective, which really is the wrong category to use as a measure (although it continues to be the measure, which explains the wholesale acceptance of modern masses on the omniscient levels of “knowing” by the Homeland Security domestic surveillance program).

The correct category to use is merely Justice, and that is harder to reach perfection in than the techniques of government surveillance. So, as ear-tickling as Thoreau’s quips are, that is all they are. His mind is an early-middle stage onset of immanentism, and this means the loss of the imagination’s power to conceive of the true Power and Authority of the universe. If one cannot do justice to that One, how will justice be done in a plurality of men?