About my federal lawsuit. Back in 2017, I filed a federal lawsuit pursuant to Title 42 of the United States Code, Section 1983. Even though I applied for, and was granted, poor person status under the Prison Litigation Reform Act, I still have to pay the full filing fee, which has increased over the years to $350. So now, 20% of any money I receive is collected to pay off the $350, which DOC [Dept of Corrections] calls an encumbrance. I only make $12 every two weeks in prison wages, and my good friend and supporter Paul, sends me $50 when he can. It’s 2019 and I’m still paying off that $350. In the lawsuit, I raised several claims, including ones arising when I was assaulted in Clinton Correctional Facility by Sergeant Woods and two officers, and when I was assaulted in Windy Correctional facility by Sergeant Roberts. But I want to speak about three particular claims that I have raised.
The first is how DOC allows prisoners to be abused and mistreated by sadistic, abusive and unprofessional corrections officers by failing to adequately and thoroughly investigate and prosecute these incidents. Just a week ago, corrections officers here severely beat another prisoner, Demetrius, who I knew well. DOC doesn’t root out abusive, sadistic and unprofessional corrections officers. It covers for them. You think Kim Jong On and his regime are human rights violators? Well, you have guys like them wearing corrections uniforms and suits, every day. The next claim I raise regards how DOC discourages prisoners from complaining and speaking about bad prison policies and staff misconduct. DOC allows prisoners to be intimidated, and retaliated against, in order to create a chilling effect on them from exercising their right to petition for redress of their grievances. It’s because of this that corrections staff get away with abusing and mistreating us prisoners and why you, the public, don’t even know the half.
The third claim I raised I wanted to tell you about, regards my argument that the United States Supreme Court in Roper v. Simmons, Graham v. Florida and Miller v. Alabama establishes that juvenile offenders have a constitutional right to rehabilitation. This just makes sense, considering their brains aren’t fully matured until they reach 25 years old. My aim with this claim was to bring about reforms in how young offenders are treated in adult prisons, which negatively impacts them all the way until their 25th birthday and well into their adulthood. Remember, most offenders today had their start as juveniles who ended up in adult prisons. That only made them worse. I’m hoping to change that.
This lawsuit has taxed me in more ways than one. I was charged another $505 to appeal a bad decision. Now, I’m petitioning the United States Supreme Court to hear part of my case. I’ll tell you more about this lawsuit in my next commentary. Until then, this is Dontie S Mitchell, better known as Mfalme Sikivu, reporting to you from Great Meadow Corrections Facility in Comstock, New York. Follow me on Facebook @freedontiemitchell Thank you for listening, and God bless.
These commentaries are recorded by Noel Hanrahan of Prison Radio.
