3.2.12

Disability Rights Suit NY

April 25, 2007
New Rules for Confining the Mentally Ill
By SARAH KERSHAW
New York State would more closely scrutinize its use of solitary confinement for mentally ill prison inmates under the proposed terms of a legal agreement scheduled for review by a federal judge on Friday.
New York is one of several states that have faced lawsuits over the means used to punish mentally ill prisoners, and, under a settlement reached last week, it has agreed to consider changes in how it uses solitary confinement as a disciplinary measure with the mentally ill.
Many advocates hail the agreement as a watershed in prison reform because of the effects long sentences in isolation have had on the most vulnerable prisoners, including suicide and self-mutilation.
Some mentally ill inmates serve months to years in punitive segregation, locked up for 23 hours a day and sometimes restricted to a diet of cabbage and a pasty flour loaf three times daily for up to 30 days for misbehaving.
Disability Advocates Inc. and the Legal Aid Society of New York sued the state over the practices five years ago, and the resulting agreement goes before Judge Gerard E. Lynch of the Southern District of New York on Friday for final review.
If the agreement is approved, as expected, the state will not be barred from the use of solitary confinement, or punitive segregation, to discipline mentally ill prisoners, but it would have to provide far more assessment and services for mentally ill inmates in solitary. In addition, the state would be required to review the reasons for and the length of proposed segregation sentences.
Many mental health advocates believe that the New York settlement will create pressure on other states to review their policies of confining mentally ill prisoners.
Others, including state lawmakers and advocates, said the agreement was only a small step toward stopping inhumane treatment of these prisoners. Many of those advocates were particularly disheartened last fall when Gov. George E. Pataki vetoed a bill that would have banned the use of solitary confinement for the mentally ill in New York.
“We see the settlement as a step in the right direction because it provides additional resources and services for treating the mentally ill in prison,” said Robert Gangi, executive director of the Correctional Association of New York, an advocacy group that is now lobbying the new administration in Albany to stop sending mentally ill prisoners into isolation. “But it falls far short of the policy changes that are needed to ensure humane and appropriate treatment for all the mentally ill people in prison.”
In New York, with one of the largest prison populations in the country, mental illness has been diagnosed in about 8,400 of the 63,000 inmates, according to the State Office of Mental Health. The number of inmates has decreased significantly in the last few years, but Mr. Gangi said the number of mentally ill prisoners was rising, possibly because the condition is being more accurately diagnosed.
Under the agreement, mentally ill prisoners sent to solitary confinement would be entitled to leave their cells for therapy and treatment for two to four hours daily. Their placement in solitary confinement would have to be preceded by extensive reviews, all prisoners entering the system would be screened for mental illness, and the state would be required to provide some mentally ill prisoners with alternative residential housing.
State officials said that because of both the agreement and their own budgetary priorities, they had set aside an additional $9 million in the 2007-8 fiscal year for programs within existing prisons and new or renovated facilities to accommodate mentally ill inmates, a total of $57.5 million dedicated to mentally ill inmates.
The agreement also stipulates that New York prisons, which local and national advocates say are unique in using restricted diets to punish prisoners already in segregation, cannot use the cabbage-and-loaf punishment for more than seven days with mentally ill prisoners without “exceptional circumstances.”
Lawyers who brought the suit and national prisoner rights advocates said the New York settlement was unique in covering all mentally ill prisoners, from the time they enter the system until they leave, whereas some states have merely stopped sending prisoners with major mental illnesses to prisons with especially harsh conditions.
“The proof of the pudding is in the eating,” said David C. Fathi, senior staff counsel with the American Civil Liberties Union’s national prison project, who has handled several cases around the country regarding the treatment of mentally ill inmates. “We will have to see how this is implemented. But on paper, it is very significant, a victory and a step forward.”
He added, “Now we can point to New York and say, if New York can do it, why can’t you do it?”

Disability Rights Suit MA

3 articles on ongoing lawsuit to get mentally ill prisoners out of seg. Latest first

1)11-10-9
Treatment units for mentally ill inmates on hold
State cites budget crunch as talks to end suit fail

By Jonathan Saltzman, Globe Staff | November 10, 2009
The Patrick administration has shelved plans to build special treatment units for hundreds of seriously mentally ill inmates, two years after advocates for prisoners alleged in a federal lawsuit that the state’s practice of keeping such inmates in solitary confinement 23 hours a day was inhumane and causing suicides.
Citing the state budget crisis, lawyers for top state prison officials said negotiations to settle the civil rights suit by the Disability Law Center against the Department of Correction out of court have ended. The center has asked a federal judge in Boston to schedule a trial for January 2011, while the state wants it to start a year later.
The collapse of negotiations, made public in court filings Friday, marks a startling reversal from where things stood a year ago. Last November, Harold W. Clarke, the correction commissioner appointed by Governor Deval Patrick, and Leslie Walker, executive director of Massachusetts Correctional Legal Services, said they expected the suit would be resolved shortly with the announcement of plans to build maximum-security residential treatment units.
Inmates would be exposed to more types of therapy in such units, and advocates want the prisoners to have more time out of their cells.
“We’re hoping to be able to say, ‘We don’t have to go to court, we can avoid litigation,’ which I’m certain will serve all parties best,’’ Clarke said in a Globe report Nov. 16.
On Friday, however, lawyers for the prison system filed a document in US District Court that said, “Due to the fiscal crisis, the parties have discontinued formal settlement negotiations.’’ The state’s lawyers did not elaborate on the financial constraints.
The nonprofit Disability Law Center sued the state in March 2007, alleging that hundreds of mentally ill prisoners were kept in closet-size solitary confinement cells in response to unruly behavior. The conditions had led to self-mutilation, the swallowing of razor blades, and numerous suicides, said the center.
The suit, which resembled legal challenges that led to changes in other states, said Massachusetts ignored repeated calls from its mental health providers and consultants to provide high-security treatment units for violent, mentally disturbed inmates.
A Globe Spotlight Team series in December 2007 reported 15 suicides in the prisons from 2005 through 2007, most by those in solitary confinement with histories of mental illness or drug addiction. There had also been more than 3,200 suicide attempts and self-inflicted injuries in the prior decade, the Globe found.
Walker, of Massachusetts Correctional Legal Services, which helps represent the Disability Law Center in the suit, said yesterday that she was “deeply disappointed that we’re not going to be able to resolve this case short of trial.’’ She said she could not comment further because settlement talks were confidential.
In a brief statement, Diane Wiffin, a spokeswoman for the prison system, said correction officials plan to “continue providing appropriate levels of service to segregation inmates with serious mental illness.’’ She declined to elaborate, citing the litigation.
There is nothing appropriate about the segregation of inmates with mental illness, according to Laurie Martinelli, executive director of the National Alliance on Mental Illness of Massachusetts, an advocacy group that supports the lawsuit.
She said keeping such prisoners in their cells 23 hours a day violates the constitutional prohibition against cruel and unusual punishment and that the state’s fiscal crisis was irrelevant.
“You can’t get around a constitutional violation by saying, ‘We don’t have money,’ ’’ she said.
Fred Cohen, a retired criminal justice professor at the State University of New York at Albany and an expert on the treatment of the mentally ill in prisons, agreed, saying no federal court has ruled that finances trump an inmate’s constitutional rights. If the case goes to trial, however, plaintiffs would have to prove that the isolation of inmates violates their civil rights. In some states, Cohen said, politicians were glad for judges to order them to improve conditions for inmates; that way, judges, rather than the politicians, had to take the heat from the public for spending scarce tax dollars on convicted criminals.
“It’s not unheard of, and it’s especially popular during times of economic duress,’’ he said.
Several states, including Connecticut, New Mexico, Ohio, Texas, and Wisconsin have faced lawsuits in recent years that have been resolved by settlements or court orders requiring improvements in the treatment of mentally ill prisoners.
Kevin M. Burke, Patrick’s public safety secretary, was quoted as saying in 2007 that it would cost “several million’’ dollars to fully fund high-security treatment units. A spokesman for Burke, whose office oversees the prison system, said yesterday that the secretary would not comment on the litigation. Patrick also declined to comment through a spokeswoman.
Prisoner rights groups as well as specialists on the treatment of inmates have repeatedly criticized the Massachusetts prison system for failing to address the needs of inmates with mental illnesses.
An independent study of the state prison system released in February 2007 found that the number of mentally ill inmates increased by nearly 1,000 between 2000 and 2005 but that the state was not responding adequately to the challenges they presented. There are about 11,000 inmates in the state system.
Lindsay M. Hayes, a national specialist in prison suicide prevention who wrote the report, said suicidal inmates were being punished instead of being helped. The study, commissioned by the department after an increase in prisoner suicides in 2005 and 2006 left the state’s rate nearly double the national rate over the prior decade, made 29 recommendations. They ranged from improving the suicide-prevention training of correction officers to increasing the frequency of observation of at-risk inmates.
Although prison officials immediately said they embraced all of the recommendations, the department never endorsed a blanket ban on the segregation of mentally ill inmates. Inmates in segregation are typically allowed out of their cells for an hour only to shower or to get exercise in a small caged space.
In April 2008, the state prison system took a modest step to improve treatment of mentally ill inmates when it opened a unit for such prisoners at Souza Baranowski Correctional Center, a maximum-security prison in Shirley. The unit is called the Secure Treatment Program and it houses 14 prisoners, Wiffin said.



2) 8/12/12 Judge orders prison suicide records
Advocacy group sues over care of inmates
By Jonathan Saltzman, Globe Staff | August 12, 2010
A federal judge in Boston ordered a former contractor for the state prison system yesterday to provide him with the psychiatric treatment records of about 25 inmates who committed or attempted suicide while in solitary confinement from 2005 to 2007.
US Chief District Court Judge Mark L. Wolf gave the University of Massachusetts Correctional Health Program until Aug. 27 to turn over thousands of pages of mental health reviews written by therapists after the suicides and attempts. He wants to determine whether he can legally turn them over to a nonprofit advocacy group that has sued the state over the care of mentally ill inmates.
UMass Correctional Health, which is not a defendant in the suit and is a program of the University of Massachusetts Medical School, contends that federal law requires the records to remain confidential under a privilege between psychotherapists and patients. The only way the privilege can be waived, UMass said yesterday, is if the inmates, or their representatives, give permission to release them.
But lawyers for the Disability Law Center said the records are crucial to their case. The center filed a civil rights suit against the prison system in 2007 alleging that hundreds of mentally ill inmates are held in cells 23 hours a day in inhumane conditions.
“We’re seeking documents that analyze what happened,’’ Carol E. Head, a lawyer for the Disability Law Center, told Wolf during a two-hour hearing. The records, she said, might indicate whether inmates were improperly diagnosed or harmed themselves because of conditions in solitary confinement.
James A. Bello, a lawyer for UMass, called the plaintiffs’ request for the records a “fishing expedition’’ and said inmates might have committed suicide for reasons that had nothing to do with conditions in prison.
But Wolf countered that the records were relevant even if the plaintiffs have no idea what they say. It was possible, he said, the documents might contain damaging evidence, such as a comment by a mental health clinician that “if we don’t change the way we deal with prisoners in segregation with serious mental health needs, I predict the number of suicides will soar.’’
Lawyers for the Department of Correction have taken no position on the request for records and were mostly silent at the hearing.
Suicides in the state prison system have been a focus of concern for years.
In February 2007, following seven suicides the previous year, a nationally renowned suicide prevention specialist hired by the state issued a 63-page report that found serious shortcomings in the state’s handling of inmates at risk for suicide. The state immediately pledged to comply with all 29 recommendations in the report.
A Globe Spotlight Team series in December 2007 revealed deepening mental illness and misery behind the walls of the state’s prisons and identified numerous problems, including bungled background screenings of suicidal inmates, missing mental health records, and skipped security rounds by correction officers.
Although suicides fell after the state promised to comply with the 29 recommendations, they surged again this year. Eight inmates killed themselves in the first seven months of the year, a suicide rate more than four times the national average. In response, the Patrick administration announced it would rehire the suicide prevention specialist.
Few of the suicides this year occurred in solitary confinement, according to James Pingeon, director of litigation for Prisoners’ Legal Services and a member of the Disability Law Center’s legal team. But some of the inmates who killed themselves had spent considerable time in solitary confinement, including one with a history of mental illness who was mentioned in the center’s lawsuit.
The suit, which alleges that solitary confinement has caused inmates to mutilate themselves, swallow razor blades, and commit suicide, demands that the state build maximum-security residential treatment units. In late 2008, the Patrick administration signaled that it would build such units in the hopes of settling the suit out of court. But the administration shelved the plans a year later, saying the state’s finances made that impossible.
Wolf said yesterday that the state and Disability Law Center have tried to settle the dispute, and he hoped they could continue to talk, given the “high human stakes here.’’
He ordered UMass to provide complete mental health records pertaining to the 25 inmates as well as records redacting the information that the vendor says is privileged, so he can compare them.
UMass no longer provides mental health services at the state prisons, although it does provide inmates with medical services. State officials replaced UMass with another vendor for mental health services, Virginia-based MHM Services Inc.



2)March 2007March 9, 2007
Mentally Ill Inmates at Risk in Isolation, Lawsuit Says
By PAM BELLUCK




BOSTON, March 8 2007— Placed in solitary confinement in a Massachusetts prison, Mark Cunningham tried to kill himself last year, advocates for inmates say.

Mr. Cunningham cut his legs and arms. He tried to hang himself with a tube from a breathing machine he used for sleep apnea. He smashed the machine to get a sharp fragment to slice his neck and ate pieces of it, hoping to cause internal bleeding. Five weeks ago, after being placed in solitary confinement again, Mr. Cunningham, 37, hanged himself.
With that, Mr. Cunningham, who lawyers said had a long history of mental illness, including depression, became the 13th inmate to commit suicide in Massachusetts since November 2004.
Mr. Cunningham’s case is one of 18 suicides and suicide attempts by inmates in solitary confinement described in a federal lawsuit filed Thursday by advocates for inmates and the mentally ill. They are seeking to prevent Massachusetts from placing mentally ill inmates in such segregated cells.
“We aren’t saying these folks should go free; we aren’t saying they shouldn’t be under high security conditions,” said Stanley J. Eichner, executive director of the Disability Law Center. But Mr. Eichner said putting prisoners in solitary conditions and denying them adequate mental health services was “literally the fatal flaw in the system.”
“How many more men will have to die,” he asked, “how many more men will be driven to harm themselves before this problem is fixed?”
The lawsuit reflects an increasing concern nationally as the number of mentally ill inmates rises, experts on inmates and mental illness say.
Several states, including Connecticut, New Mexico, Ohio, Texas and Wisconsin, have faced lawsuits that have recently been resolved by settlements or court orders requiring improvements in the treatment of mentally ill prisoners. Those changes include more frequent monitoring, better training of corrections officers and removal of fixtures that could be used for hangings.
In January, Indiana agreed to stop putting some mentally ill inmates in isolation cells. While not all agreements in other states have resulted in excluding mentally ill prisoners from isolation, many have called for better screening or monitoring of isolated inmates.
In California, after a record number of prison suicides — 44 — in 2005, a special master appointed by a federal judge reported that inmates “in overcrowded and understaffed administration segregation units are killing themselves in unprecedented numbers.” The judge, Lawrence Karlton, ordered the administration of Gov. Arnold Schwarzenegger to spend more than $600 million to improve mental health services.
In New York, the Legislature passed a law last year to remove mentally ill inmates from solitary cells, but Gov. George E. Pataki vetoed it. A 2002 suit seeking to end the practice is close to a settlement, said Nina Loewenstein, a lawyer for Disability Advocates, which filed it.
“That’s what states around the country are struggling with — when they have inmates that are very violent and out of control and need to be segregated from other inmates, but they are also mentally ill,” said Lindsay M. Hayes, a national expert in prison suicide prevention who was hired last year by the Massachusetts Department of Correction to study why the suicide rate was so high.
A segregated inmate is typically locked up for 23 hours a day, allowed out only to shower or get outdoor exercise in a small caged space.
In a report Mr. Hayes issued last month, he found that of 10 prisoners who killed themselves in 2005 and 2006, 5 had recently been on suicide watches and 9 committed suicide in solitary or segregated conditions. A prisoner who tried to kill himself was left brain dead.
“Confining a suicidal inmate to their cell for 24 hours a day only enhances isolation and is antitherapeutic,” Mr. Hayes wrote.
When the report was released, the State Department of Corrections said it would adopt all 29 of Mr. Hayes’s recommendations, which included better assessment, supervision and monitoring of inmates, and better officer training, a recommendation Mr. Hayes also made in a 2000 report. He did not specifically recommend excluding mentally inmates from segregation units, saying it was not his area of expertise.
The Department of Corrections declined to comment on the suit or its position on segregated cells.
But in a statement, the department said: “We are well aware of the national trend of the increasing number of prisoners with mental illness” and added that it was “committed to the full implementation of the Hayes recommendations and improvement of prison mental health care.”
The statement said the department had already taken several steps, including briefing senior staff, revising the training curriculum and evaluating cells for design improvements. It said it also was soliciting bids for a residential treatment facility for mentally ill inmates.
Leslie Walker, executive director of Massachusetts Correctional Legal Services, said that advocates had been pressing for change for 17 years and that she was not confident the state would do enough on its own.
Frances Armstrong, whose nephew, Andrew Armstrong, 22, killed himself in a segregation unit in 2005, said in an interview that Mr. Armstrong had been put in isolation several times for cutting himself.
“Even in the Bible it says man is not meant to be alone,” Ms. Armstrong said. “He just lost his will to live. He thought if this is going to be the way it’s going to be, I better check out now.”
Correction: March 12, 2007
An article on Friday about a lawsuit filed in Massachusetts by advocates for inmates and the mentally ill misstated the number of prison suicides in 2005 in California, which has been ordered to spend $600 million to improve mental health services in prisons. There were 36, not 44.

Grassian:effects of solitary

Am J Psychiatry 140:11, November 1983
Psychopathological Effects of Solitary Confinement
Stuart Grassian, M.D.
Psychopathological reactions to solitary confinement were extensively described by nineteenth-century German clinicians. In the United States there have been several legal challenges to the use of solitary confinement, based on allegations that it may have serious psychiatric consequences. The recent medical literature on this subject has been scarce. The author describes psychiatric symptoms that appeared in 14 inmates exposed to periods of increased social isolation and sensory restriction in solitary confinement and asserts that these symptoms form a major, clinically distinguishable psychiatric syndrome. (Am J Psychiatry 140:1450-1454, 1983)

There have been several legal challenges to the use of solitary confinement in the United States penal system based on allegations that such confinement can cause serious psychopathological reactions (1—3). The present article describes clinical observations of 14 prisoner plaintiffs in a lawsuit alleging that the condi¬tions they were exposed to in solitary confinement were violations of Eighth Amendment protection against "cruel and unusual punishment."
REVIEW OF THE LITERATURE
. Despite the obvious legal and humanitarian impor¬tance of this issue, there has been a scarcity of recent medical literature on the subject beyond a flurry of theoretical interest generated by concerns about "brainwashing" of American prisoners of war in Korea and the experimentation on profound sensory deprivation precipitated by those concerns (4—8). In the recent literature, reports of clinical observations of prisoners in solitary confinement have been virtually nonexistent. However, with the exception of the only experimental study in the literature (9), these reports (10—12) have indicated psychopathological effects. One report noted "restlessness, yelling, banging and assaultiveness" in some prisoners and in others "a kind of regressed, dissociated, withdrawn hypnoid state" (10). Another report cited two cases of reactive psychosis marked by initial agitation and behavioral dyscontrol, leading to a hallucinatory, incoherent, confusional state (11).
There was, however, extensive interest in the problem of psychopathological syndromes among prisoners in late nineteenth- and.early twentieth-century Europe. During that period, solitary confinement was extensively used in both Europe (13) and the United States (14); in many prisons it was the exclusive mode of incarceration. Indeed, the American penitentiary be¬came world famous; important visitors journeyed to the United States specifically to observe this system and bring it back to Europe for emulation. Perhaps the best known of these visits, that of Alexis de Tocque-ville, gave rise to a classic study of American social institutions (15).
This enchantment with solitary confinement was relatively short-lived, however. As early as the 1830s statistical evidence began to indicate an increased incidence of physical morbidity and mortality, as well as of insanity, among prisoners exposed to especially rigid forms of solitary confinement (14, p. 87). The system's openness to public scrutiny brought forth vivid descriptions of the effects of such confinement. Charles Darwin, for example, observed inmates "dead to everything but torturing anxieties and horrible despair. . .. The first man . . . answered . . . with a strange kind of pause . . . [he] fell into a strange stare as if he had forgotten something. . . . [Of another] Why does he stare at his hands and pick the flesh open, . . . and raise his eyes for an instant ... to those bare walls? (8, p. 66). By 1890, the United States Supreme Court entered an opinion explicitly condemning solitary confinement on psychiatric grounds, indicating that "a considerable number of prisoners . . . fell into a semi-fatuous condition . . . and others became violently insane" (1).
In the United States, unfortunately, these experiences did not give rise to a body of clinical literature. However, in Germany, whose penal system had emulated the American model, major clinical concern developed about the incidence of psychotic disturbances among prisoners. Between 1854 and 1909, 37 articles on this subject appeared in German journals,collectively describing hundreds of cases of psychoses that were deemed to be reactive to the conditions of imprisonment. A review of this literature appeared in 1912 (13) and will be. Only summarized here.
The literature described'a hallucinatory, paranoid, confusional psychosis in which characteristic symptoms included 1) extremely vivid -hallucinations in multiple sensory modalities, including the visual, auditory, tactile, and olfactory; 2) dissociative features, including sudden recovery "as from a dream," with subsequent amnesia for the events of the psychosis; 3) agitation and "motor excitement" with aimless violence; and 4) delusions, usually described as persecutory. Onset was often described as sudden and, in some reports, as precipitating at night. In other cases, initial manifestations included "humming and buzzing, unpleasant noises and inarticulate sounds [leading to] hallucinations." Rarer, only occasionally noted symptoms included jrbereiden ("the symptom of approximate answers," usually associated with Ganser [16], although described as well by others) and hysterical conversion symptoms.
Of this large body of literature, only- Ganser's contribution (16) remains well-known, and Ganser failed to comment on the form of imprisonment to which his prisoner subjects were exposed. However, in more than half the total body of literature, solitary forms of confinement were specifically cited as responsible for precipitating the psychosis, and rapid recovery was often noted when the prisoner's solitary confinement was terminated.

CIRCUMSTANCES OF THE CLINICAL OBSERVATIONS
The present observations developed as a consequence of a court order mandating psychiatric evaluation of 15 inmates at the Massachusetts Correctional Institution at Walpole, all of whom were plaintiffs in a class action suit against the Department of Corrections that alleged violations of Eighth Amendment protection against "cruel and unusual punishment" because of the conditions to which the prisoners were exposed in solitary confinement.
The correctional institution at Walpole is the maxi¬mum security state prison for the Commonwealth of Massachusetts. It is divided into 13 cell blocks. Block 10 is reserved for solitary confinement and is divided into four tiers, each housing 15 cells approximately 1.8 m x 2.7 m in size, each cell containing an open toilet and sink, a steel bed, and a small, fixed steel table and stooh The cells in the lower tiers have double doors. The inner door is barred; the outer door is solid steel except for a small Plexiglas window. There are no other windows in the cells; each cell has one 60-watt light bulb to provide light.
While these structural features have remained con¬stant, administrative decisions have determined other features of the confinement. Until August 20, 1979, the outer steel doors were left open,' permitting natural
light and air to enter the cell and permitting inmates to speak with other inmates in adjoining cells; on August 20 the steel doors were closed on 'the cells of all inmates in isolation. At the same time, correctional officers removed personal belongings from these cells, including radios, television sets, and all reading materi¬als except a Bible.
Suit was brought not against the conditions in Block 10 generally but specifically against the conditions prevailing in the lower tiers since August 20, 1979. Of the 15 plaintiffs in the suit, 14 were interviewed, the 15th was no longer in Block 10 at the time of the interviews and was not available. All of the plaintiffs were men, and their mean age was 28 years (range, 22—38 years). Median duration of confinement in isolation was 2 months (range, 11 days to 10 months). Each prisoner was interviewed for approximately one-half hour by one of two psychiatrists, with the exception of one prisoner who, because of concern over his clinical state, was seen twice over a 3-week period. History was obtained of incarcerations, previous experience with solitary confinement, and previous and '• current psychiatric symptoms and treatment. Due to the pressure of time, we made no active attempt to cover other areas of a full clinical history, e.g., assessment of object relations, defenses, and family history.
In the interviews, conducted in an open-ended manner, careful attention was paid so that suggesting possible symptoms was avoided. The circumstances of the interviews, however, were clearly seen by the prisoners and guards as adversarial. Access to the prisoners for the interviews was obtained only through court order; all prisoners interviewed were informed of the purpose of the interviews and told that data from them might be used in court testimony. In addition, there were several guards stationed just outside the interview room, prompting several prisoners to resort to whispering as a means of avoiding being overheard.
FINDINGS
It might be expected that the adversarial circumstances of the interviews would have biased the prisoners' reports in the direction of exaggeration of whatever symptoms they might have experienced. Such was not the case. In fact, contrary to expectation, the prisoners appeared to mobilize multiple defensive operations—rationalization, avoidance, denial, distortion, and repression:—in an effort to minimize the quality of their reactions to isolation. The interviewer was required, therefore, actively to encourage disclosure of information, to provide reassurance, and persistently to confront and explore gaps in the reported accounts. Numerous interviews began with statements such as "Solitary doesn't bother me" or "Some of the guys can't take it—not me," or even with the mention of a symptom and simultaneous denial of its significance: "As soon as I got in, I started cutting my wrists. I figured it was the only way to get but of here." As the interviews progressed, these facile, superficial accounts gave way to descriptions of experiences that were troublesome. For example, one inmate was unable to describe the events of the several days surrounding his wrist slashing, nor could he describe his thoughts or feelings at the time. His overt anxiety increased mark¬edly upon questioning, and only after some time was he able to describe an apparent acute confusional state, panic, and subsequent partial amnesia for those events. Similarly, the prisoner who said he could "take it" eventually came to describe panic, fears of suffocation, and 'paranoid distortions while he had been in isolation. :
Indeed, the general pattern was for inmates initially to downplay reactions to the solitary confinement situation, then, after being carefully questioned, to become overtly anxious;and, frequently overtly reluctant to elaborate on significant details. Upon confrontation, several inmates acknowledged the reasons for their reluctance. The feared that the guards would discover their primitive fantasies of revenge or that the guards were waiting to see a weakness that they could exploit to make the inrmate "crack up." Furthermore, in several cases, the inmate's dread was that he was in fact going insane.
The specific psychiatric symptoms reported were strikingly consistent among the inmates.

Perceptual Changes
General hyperresponsivity to external stimuli:" This symptom was most commonly associated with dysesthetic responses to: certain stimuli (11 prisoners). Instances of this included "You get sensitive to noise— the plumbing system. Someone-in the tier above me pushes the button on the faucet, the water rushes through the pipes—it's too loud, gets on your nerves. I can't stand it-—I start to holler. Are they doing it on purpose?" "Everything gets exaggerated. After a while, you can't stand it. Meals—I used to eat everything they served. Now I can't stand the smells—the meat—the only thing I can stand to eat is the bread." "What really freaks me out is when a bee gets into the cell—such a small thing." "Difficult to breathe, stale, awful smell from the toilets—the stench starts to feel unbearable." All 11 inmates denied ever having experienced such symptoms except during'confinement in isolation.

Perceptual distortions, hallucinations, and derealization experiences. These symptoms were experienced by seven prisoners and are grouped together because under the peculiar circumstances of solitary confinement there were often inadequate means to distinguish them. Thus, experiences described by five of these seven prisoners included hearing voices—often in whispers, often saying frightening things to them—but usually the prisoners had no means by which to corroborate what they thought they heard; for exam¬ple, "I hear sounds—guards saying, 'They're going to cut it [his nerve-damaged leg] off/ I'm not sure. Did they say it, or is it my imagination?" If they did say it, the prisoner is suffering from derealization; if they said something else, or something not directed at him he is suffering a (paranoid) perceptual distortion; if they said nothing, he is having a hallucination. There is no independent corroboration. Another inmate described the dilemma poignantly: "I overhear the guards talk¬ing. Did they say that? Yes? No? It gets confusing. I tried to check it out with [the prisoner in the adjoining cell]; sometimes he hears something and I don't. I know one of us is crazy, but which one? Am I losing my mind?"
There were, in addition, two reports of noises taking on increasing meaning and frightening significance; for example, "I hear noises, can't identify them—starts to sound like sticks beating men. But I'm pretty sure no one is being beaten. . . . I'm not sure."
Perceptual illusions with loss of perceptual constancy were more readily identifiable in the visual sphere (three cases), and there were reports such as "The cell walls start wavering," and "Melting, everything in the cell starts moving; everything gets darker, you feel you are losing your vision."
In one of the prisoners the illusions became more complex and personalized: "They come by [for break¬fast with four trays- the first has big pancakes—1 think I'm going to get them. Then someone comes up and gives me tiny ones—they get real small, like silver dollars. I seem to see movements—real fast motions in front of me. Then seems like they're doing things behind your back—can't quite see them. Did someone just hit me? 1 dwell on it for hours." This prisoner also described overt, frightening, visual hallucinations: "There's a guard in my cell; he's holding a noose." He acknowledged having experienced perceptual distortion with psychedelic drug abuse. Otherwise, all seven inmates denied ever experiencing perceptual symptoms like those they described, except during confinement in isolation.

Affective Disturbances
Ten prisoners described massive free-floating anxiety during their incarceration in solitary, accompanied in eight cases by recurrent acute episodes of tachycardia, diaphoresis, shortness of breath, panic, tremulousness, and dread of impending death. One prisoner reported "shortness of breath a lot. My heart pumps real fast. I feel like I don't get enough oxygen. Get frantic." Another said, "I start to feel dizzy.- I can't breathe,” and another, "I start to dwell on things—too many roaches—get scared one might get into my ear. Start to feel hot—extreme heat—then I can barely breathe, start sweating, heart races, can't sit still, shaking, get a headache—real bad."
Of these 10 prisoners, three had experienced acute anxiety reactions prior to confinement in isolation, and they reported intensification of symptoms. The other seven denied any previous history of such symptoms.

Difficulties With Thinking, Concentration, and Memory '
Of the eight inmates who mentioned these symptoms, four reported acute confusional states with subsequent partial amnesia for events during the episode. There was, again, a problem with independent corroboration of these symptoms, especially important because the prisoners were only vaguely aware of what had happened to them. However, one prisoner slashed his wrists, during such a state, and thus his confusion and disorientation were noted in the prison medical record.
One prisoner's description particularly suggested dissociative features with mutism: "I went to a stand¬still psychologically once—lapse of memory. 1 didn't talk for 15 days. I couldn't hear clearly. You can't see—you're blind—block everything out—disoriented, awareness is very bad. Did someone say he's coming out of it? I think what I'm saying is true—not sure. I think I was drooling—a complete standstill."
Four others reported milder symptoms of difficulty in concentration and memory; for example, "I can't concentrate, can't read. . . . Your mind's narcotized . . . sometimes can't grasp words in my mind that I know. Get stuck, have to think of another word. Memory is going. You feel you are losing something you might not get back."
Several described attempts they made to focus their, concentration by self-discipline: "Got to try to concentrate. Remember list of the presidents. Memorize the states, capitals, five boroughs, seven continents, nine planets."

Disturbances of Thought Content
Emergence of primitive, ego-dystonic fantasies. Six prisoners reported the emergence of primitive aggressive fantasies of revenge, torture, and mutilation of the prison guards. In each case, the fantasies were described as ego-dystonic, frightening, and uncontrollable; for example, "I try to sleep 16 hours a day, block out my thoughts—muscles tense—think of torturing and killing the guards—lasts a couple of hours. I can't . stop-it. Bothers me. Have to keep control. This makes me think I'm slipping my mind. Lay in bed too much— scare yourself with thoughts in bed. I get panicky— thoughts come back—picture throwing a guard in lime—eats away at his skin, his flesh—torture him. Try to block it out, but I can't."
Ideas of reference, paranoia. Six prisoners reported ideas of reference associated with persecutory fears; e.g., "Sometimes get paranoid—think they meant something'else. Like a remark about Italians. Dwell on it for hours. Get frantic. Like when they push the buttons on the sink. Think they did it just to annoy me." The prisoner's reality testing in this instance was especially shaky: "Spaced out. Hear singing, people's voices—'Cut your wrists and go to Bridgewater and the Celtics are playing tonight.” I doubt myself—is it real? ... I suspected they're putting drugs in my cell, the reverend, the priest—even you—you're all in cahoots in the Sacred Straight program. Drive them crazy."

Problems With Impulse Control "
Five prisoners reported episodes of lack of impulse control with random violence. One prisoner said, "I snap off the handle over absolutely nothing. Have torn up mail and pictures, throw things around. Try to, control it. Know it only hurts myself." Three of these prisoners reported impulsive self-mutilation; for example, "I cut my wrists—cut myself many times when in isolation. Now, it seems crazy. But every time I did it, I wasn't thinking—lost control—cut myself without knowing what I was doing." :
Rapid Subsidence Qf Symptoms on Termination of Isolation
The legal statute in Massachusetts requires relief from isolation status with closed solid steel doors for at least 24 hours each 15 days. Certain prisoners had additional periods of relief for medical consultation and, in one case (peroneal nerve injury), hospitalization.
All prisoners interviewed reported a very rapid (usually within the first few hours) diminution of their 'symptoms during periods of relief. No correlation was apparent between severity of symptoms and the time required for them to subside.

DISCUSSION '
The observations reported here suggest that rigidly imposed solitary confinement may have substantial psychopathological effects and that these effects may form a clinically distinguishable syndrome. The full syndrome described here has not been previously reported in the recent medical literature, although there have been observations consistent with those that I have reported.
The present observations are, however, strikingly consistent with earlier German reports. The German literature reported only on prisoners who suffered gross psychotic symptoms, some of whom were ob¬served in hospitals or "insane departments" of prisons, The Walpole population, on the other hand, was not preselected by overt psychiatric status. Despite this, all of the major symptoms reported by the German clinicians, except Vorbereiden and hysterical conversion symptoms, were observed in the Waipole population. In addition,, less severe forms of this solitary confinement syndrome were observed in the Walpole population, including 1} sensory disturbances: perceptual distortions and loss of perceptual constancy, in some cases without hallucinations; 2) ideas of reference and paranoid ideation short of overt delusions; 3) emergence of primitive aggressive fantasies, which remained ego-dystonic and with reality-testing preserved; 4) disturbances of memory and attention short of overt disorientation and confusional state; and 5) derealization experiences without massive dissociative regression.
The observations at Walpole also suggest that solitary confinement cannot be viewed as a single entity. The effects of-solitary confinement situations vary substantially with the rigidity of the sensory and social isolation imposed
CONCLUSIONS
The present observations, coupled with those in the earlier German literature suggest strongly that the use of solitary confinement carries major psychiatric risks. I have not attempted in this paper to define or classify this psychopathological syndrome, but, as mentioned earlier, there have been speculations in the literature linking solitary confinement with the formal experiments on profound sensory deprivation. A review of this literature and an elaboration of the variables that may explain the particular pathogenicity of rigidly imposed solitary confinement will be presented in another paper.

REFERENCES
1. In Re Medley, 134 US 160, 167-168 (1890)
2. Bono v Saxbe, 450 FSupp 934-948 (1978)
3. Libby v Hogan, Suffolk Superior Ct, Mass, Civil No 37699 (1979)
4. Brownfield C: Isolation: Clinical and Experimental Approach¬es. New York, Random House, 1965
5. Biderman A, Zimmer H (eds): The Manipulation of Human Behavior. New York, John Wiley & Sons, 1961
6. Solomon P, Kubzansky P, Liederman P, et al: Sensory deprivation: A Symposium Held ar Harvard Medical School. Cambridge, Mass, Harvard University Preis, 1961
7. Scott GD, Gendreau P: Psychiatric implications of sensory deprivation in a maximum security prison. Can Psychiatr Assoc J 14:337-341, 1969
8. Liederman P: Man alone: sensory deprivation and behavior change. Correctional Psychiatry and Journal of Social Therapy 8:64-74, 1962
9. Walters RH, .Callagan JE, Newman AF: Effect of solitary confinement on prisoners. Am J Psychiatry 119:771—773, 1963
10. Meltzer M: Solitary confinement, in Group for the Advance¬ment of Psychiatry Symposium Number 3: Factors Used to Increase the Susceptibility of Individuals to Forceful Indoctrina¬tion, Observations and Experiments. New York, GAP, 1956
11. Suedfeld P, Roy C: Using social isolation to change the behavior of disruptive inmates. International Journal of Offender Thera¬py and Comparative Criminology 19:90-99, 1975
12. Kaufman E: The violation of psychiatric standards of care in prisons. Am J Psychiatry 137:566-570, 1980
13. Nitsche P, Williams K: The History of the Prison Psychoses, Nervous and Mental Disease Monograph Series, number 13. New York, Journal of Nervous and Mental Disease Publishing Co, 1913
14. Rothman D: The Discovery of the Asylum. Boston, Little, Brown and Co, 1971
15. de Tocqueville A: Democracy in America. New York, Vintage Books, 1945 .
16. Ganser J: Uber einen eigenartigen hysterischen dammerzustand. Arch Psychiatr Nervenkr 30:633-640, 1898

Received Oct. 24, I9X(); revised March 5 and Oct. 20, 1982; accepted Nov. 30, 19X2. From the Department of Psychiatry, New England Memorial Hospital,; Stoneham, Mass.; Tufts University School of Medicine, Boston, Mass.; and Harvard Medical School, Boston. Address reprint requests to Dr. Grassian, 401 Beacon St., Chestnut HiJI, MA 02167. \ '
The author thanks Dr. Dan Buie for his review of the manuscript. Dr. Frank Rundle conducted half of the psychiatric evaluations on which this report is based. :
Copyright *- 1983 American Psychiatric Association.
1450;

10.9.11

leon Irby

Leon Irby at Arrest

In His Own Words
To Whom It May Concern:
My name is Leon Irby. An Afro-American male born on December 20. 1946. I am currently residing in the Segregation Unit in the Waupun Correctional Institution located in Waupun. Wisconsin.
Since February , 1972. I have been serving a life sentence for First-Degree Homicide that occurred while residing in Madison. Wisconsin. Later. I was sentenced to an additional fifteen (15)- years in Dodge County Circuit Court after pleading no-context to Second-Degree Homicide, stemming from an incident that occurred back in 1977 here at the Waupun Correctional Institution.
Since 1973 1 have been a very successful "prisoner activist. " litigating and winning numerous "prisoner rights " lawsuits on the behalf of myself and other inmates. ~ These cases were often litigated at my own expense.
These victories have resulted in major improvements in all aspects of the Wisconsin Prison System. Including, but not limited to. living conditions; installation of fire retardant mattresses (1977): relief for menially-ill inmates (1979): due process rights for inmates in disciplinary hearings regarding witnesses (1980): and winning other inmates release from prison (1994). as well as challenging the Wisconsin Department of Corrections "racial discrimination " practices against Afro and Latino-American inmates in their care.
In addition. I have written —and have had published— several expose 'pieces regarding racism, and unlawful prison conditions within the Wisconsin Department of Corrections in major Wisconsin state newspapers, such as, Wisconsin slate Journal: Milwaukee Journal Sentinel: and the Milwaukee Courier.
One such expose ' that landed on the front page of the Milwaukee courier I circa 1978) addressed negro inmates verbal assaults against newly hired Afro-American correctional officers — -who eventually left Waupun Correctional Institution— who were attempting to integrate Waupun Correctional Institution's all-white workforce. In retaliation, my fellow inmates were hostile and threatening towards me. That remains unabated to this day. However, despite my "excellent" and "positive" behavior in Leavenworth. in 2000 I was unexpectedly transferred back to the Wisconsin Prison System to be housed in the newly built "Supermax "prison in Boscobel, Wisconsin. I was now being used to justify the taxpayers dollars wasted on building this facility by being labeled by the Wisconsin Department of Corrections as the "worst of the worst. " Yet. I had not had a rule- infraction conduct report in the five years prior to this transfer.'"
While housed in then "Superman' prison I actively participated in any and all accessible treatment programming, earning several certificates of completion. On May 11. 2007. after spending another seven (7) years of "social isolation " in the "Supermax” prison. I was sent BACK to Waupun Correctional Institution and immediately placed BACK into the segregation unit to continue another long stint of "social isolation. " which is where I remain to this day. with no human contact, no contact visits, and no outdoor exercise. Once again. I have been labeled as "too dangerous " to be released into the "general population " here, or. at any Wisconsin State Prison. In addition. 45 percent of the inmates housed here in segregation are diagnosed with some degree of mental illness that, at most times, is inadequately treated.
Due the conditions I am systematically being subjected too. I suffer from a number of physical and mental ailments that has intentionally gone untreated. These ailments include, depression: loss of memory: slowed motor response: sleep deprivation due to the constant yelling and banging by other inmates housed in here with untreated menial conditions: poor vision, due to constant illumination within the cells: and physical pain in my neck. back, legs and hands. (Please see Leon 's "Medical Problem List" located in the appendix section of this petition).
Even while housed in segregation —in degrading and inhumane conditions— I am constantly being subjected to threats of bodily harm front other inmates and harassment by the correctional officers themselves in their drive to destroy my will to be one day liberated.
Also, while housed here in the segregation unit I have had inmates write false threats to staff in my name and send them to the Security Department. Inmates have stolen monies from my account by forging money disbursements in my name to make purchases that I have no knowledge of. The staff seems to can figure out everything but who is responsible for these threats and forging documents in my name.
This administration has allowed and suppressed all evidence of young gang member 's assaults upon my person over the years, such as in 1987, Twice in 1992, and again in 1993. As well as their "agent provocateurs" who constantly, intentionally, and knowingly provide false and malicious information to security about me, which is then submitted into my case fife and used — when convenient—to justify this oppressive, degrading, and inhumane treatment 1 am continuing to he subjected to.
Every time I attempt to function in general population, I am being assaulted by voting gang members. Instead of these inmates receiving conduct reports for their behavior, they are rewarded by being transferred to a less secure institution, then. I am immediately placed back into segregation to endure another long stint of "social isolation. " Some of these initiates have even actually been rewarded with parole. After all of this, I am labeled by the Department of Corrections as someone with "...extreme institution violence and ill will in the population... "'"
For those of you wondering why I am still incarcerated after having served thirty-eight (38) years. Or. why the Department of corrections is continuing to treat me so inhumanely. as well as turning-a-blind-eye to young gang member verbal and physical assaults upon me? You must understand that the victim in my First-Degree Murder case. Virgil Frosch. has family and friends that work in the Department of Corrections. And what thev could not do by the law, they are doing through the law. under the "Color of Law.”
Consequently, and despite my sincere remorse and repenting of my past wrongdoings -as well as my continued process of redemption— the family and friends who still work for the Department of corrections –Administrators, Warden 's. Correctional Officers, etc.—continue to harass me with the willing assistance of inmate gang members.' .
The Wisconsin Department of Corrections has intermittently locked me away in various "social isolation" segregation confinements for (35) of the (38) -years I have been incarcerated.
Despite my last conduct report being in 1995 —fifteen years ago—and despite suffering severely from medical ailments, such as. Osteoarthritis spinal disease: Loss- of hearing: frequent swelling of the legs: asthma: micro ulcers in legs: loss of memory: slowed motor response: constant pains in my back, legs and hands: serious bouts of untreated depression: and being at the age of 63 years old. the Department of Corrections continues to justify this "social isolation " by mislabeling me as some "dangerous inmate " who ".. Remains an unreasonable risk to be returned to a GP -General Population—setting in Wl based on his history of extreme institution violence and ill will in the population... "
Even while in total "social isolation" -with absolutely no human contact—Waupun Correctional Institution security Director Donald Strahota. still manages to find fault in my behavior. /See memo dated March 3. 2008 in the appendix section of This petition).
Nonetheless. 1 still currently have had no conduct reports and am proving the correctness of the Federal Bureau of Prison 's evaluation of "positive " and "excellent. " And this is a reflection of my future behavior within and without . these walls if given a fair chance to succeed.
If you have any questions for me. please contact me at the address provided below. In my responses. I promise you that. one. I shall never lie to you. and two. I shall never hide anything of relevance from you. My life is an open book.

This is not half the story, we need authoritative help to expose and remedy the rest of the story. Thank you for your premium time and attention to this matter.
Respectfully Submitted,
Leon Irby # 33802-
Waupun Correctional Institution
P.O. Box 351
Waupun. WI 53963-0351

1According to the law regarding Parole Eligibility at the time Leon was sentenced, his parole eligibility off of life,plus fifteen years, is sixteen (16) - years. However. Leon has now served a total of 38- years, which is 22-years PAST his statutory parole eligibility date. Not even "rapists" or "child molesters" —of whom Leon is neither— with Leon's time has served as much as he has thus far.
2) Winning lawsuits against the Department of Corrections given their main resources and large pocket books,funded with taxpayer dollars, is not an easy task. So one would have to understand the process to appreciate Leon's accomplishments. His letral skills are well known throughout the Department of corrections by staff and inmates alike.
3) Boscobel "Supermax" prison was funded and built during the Governor Tommy Thompson administration in which he believed should house the "worst of the worst" criminals in Wisconsin. The problem was. there were not enough "worst of the worst" criminals in Wisconsin to justify the spending of taxpayer dollars on this "set tough on crime" scheme. Gov. Thompson's solution was twofold: One, create inmates who can he deemed the "worst of the worst" to fill some of the bed space. Two, to insure taxpayers that if we build it —Supermax— they'll come. Today, due to human rights violations, the prison has changed its name —but not its abuse— as a result of lawsuits that they could not defend. There is still many improvements to be made at this institution.
4) Please see the four (4)-page letter that was written in Leon's name and sent to the Security Dept. Also, see Warden Thurmers response to Leon's grievances regarding these documents and threats in the appendix.
5) Please see Leon's Program Review comments from 2005 located in the appendix section of this petition.
6).This is a legal term used in reference to corrupt public officials who use their position to abuse and violate another person's Constitutional Rights, and feel they can get away with doing so because they are clothed with state power.
7)Under Federal law 42 U.S.C.A. 1977 and U.S.C.A. 1983. such inmates would be legally classified as "Agents of the State,'' not "prisoners" in the normal capacity.
8) See Leon's 2005 Program Review Classification report in appendix section of this petition. If you notice in this same document referred to. just prior to the above mentioned comments about Leon. the social worker writing the report clearly states that Leon's "... last major CR-Conduct Report-—is dated 11/14'95 for "Disrespect.' Conduct in the Federal system noted as 'Positive' and "Excellent' while there from 12't>7 to 4 00." Leon was in general population when he was in the Federal System. This "Positive" and "Excellent" behavior while there is inconsistent with someone who has "violence" on his agenda as the DOC alleges in their evaluation of Leon. Nor is this consistent with someone who has "... Ill will in the population..." as alleged by the DOC. In fact, the social worker -immediately after painting Leon as uncivilized—clearlv states in her own comments that Leon had had "... Good adj. during the past 10 years including a positive stay in FBOP -Federal Bureau of Prisons—"Does this make sense'?



John Cacioppo. a psychologist, a the University of Chicago, has highlighted social
isolation as a health-risk factor on par with obesity and smoking. "Loneliness is
like hunger and thirst-a signal to help your genes survive," Cacippo says. "When
yon 're lonely, there's a stress response in your body, and it's not healthy to
sustain that for a long time. "
--Psychology Today, March-April 2007, p.43—


PETITION OF LEON IRBY FOR JUSTICE!!
Leon Irby DOC #033802-A
Waupun Correctional Institution
P.O. Box 351 Waupun, Wisconsin 53963-0351

"A man is God's marvelous creation, crowned with glory and
honor, and because of this you can't quite hem him in. You can
put him in...prison, but somehow his mind {imagination} will
break out through the bars to scratch across the pages of
history."
-Martin Luther King, Jr.

"Never let your love fail,
Nor refuse to extend Your hospitality to strangers.
Sometimes People have entertained
Angels unawares.
Think constantly of those in prison
As if you were prisoners
At their side.
Think too of all who suffer As if you shared their pain."
-Hebrews 13:1-3



WISCONSIN STATE Prison
WAUPUN, WISCONSIN
Name Irby, Leon #33802A
F.B.I. No. 9115 385 E

There are over a million prisoners in the USA prison system; each one has their own story-but there is a story so unjust: so evil: so outrageous, so unbelievable that our civilized society cannot turn a blind eye. This is such a screaming out true story!!
My name is Leon Irby, 1 am an elderly Black male. 64-years old. [D.O.B. 12-20-1946]. who has been imprisoned since February 12. 1972 in the now Wisconsin Department of Corrections {hereinafter "WDOC}. Sec accompanied "Mug Shot"' [i.e. Photo].
"The Bystander Effect" {People walk by as a man lay dying in plain sight in a New York city street.} (N.Y. Post com: NBC News.com [4-25-2010. 5:30 p.m.]).
The WDOC has the 21st century dubious distinction of having an almost all-white male hierarchy [i.e. Secretaries; Administrators; Wardens: Security Directors, and Program Review-Coordinators (PRC) decision-makers!
The continuing wrongdoings, which are the subject of this petition, were personally committed in succession by each of these officials.
First off, these back-story facts are essential to provide credible evidence of the continuing wrongdoings to support my urgings for an investigation, expose and due prosecution.
You should know the serious crimes that brought me to prison. In 1972 I was convicted of the First-Degree Homicide of Mr. Virgil Frosch of Deforest, Wisconsin, as the result of a late night fight in a Madison bar. I was convicted and sentenced to a life sentence with parole! Mr. Frosch has family members then and now associated with and working in the WDOC!
Then, in 1974,1 was involved in a prison fight which resulted in a Second-Degree Homicide conviction and a fifteen-year sentence consecutive to my life sentence.
Please don't walk away! I quickly assure you this is not an appeal of these serious convictions. ["Bystander Effect" .Id]
No. we all start off in full understanding that I owe the victims, their family and our society and un-payable debt!
So. with maturity and penance and redemption in my renewed heart, I set out to make myself like biblical Joseph a recommendable person to the prison community and our society.
I saw a tremendous need in prison for legal assistance for prisoners, so I became a successful Certified Paralegal. See accompanied 42 U. Mich. J.L. Reform 611. p.p. 25. 45: https:/doc.lexis.com/research/retrieve? [Discussion of Jailhouse Lawyers].
Further. I filed numerous successful lawsuits on behalf of my fellow prisoners impacting statewide improved prison conditions [e.g. Fire retardant mattresses (c. 1977){Milwaukee Journal Newspaper!: Disciplinary committee's due process proceedings: Grooming: Personal clothing: Visiting policy: Record access, and canteen items]. See e.g. of my legal work in accompanied "Partial List of Cases of Leon Irby."
Also. I was co-founder, with prisoner Mr. Carl Estrada. of WCI "Lifers Group" (c. 1972). the WDOC first sanctioned inmate group.
Also. I advocated for statewide improved prison conditions and multicultural prison staffing with newspaper pieces [e.g. Milwaukee Journal: Wisconsin State Journal: WTJ T.V. Editorial (c. 1978)].
Nonetheless. I unwittingly incurred the Waupun prison Negro inmates undying anger and thirst for vengeance when in circa 1977 black folks attempted to integrate its workforce: when I had published a Milwaukee Courier front page expose" of their reverse racial verbal attacks on these black guards.
As is glaringly apparent, from the above illustrations. 1 have more than the fatal three strikes against me:

A SUCCESSFUL JAILHOUSE LAWYER
I submit an objective assessment of my legal work by the esteemed late Marquette Law School Dean Howard D. Eisenberg in his accompanied letter, his fair grade is. "In another life you could have been a pretty good lawyer”
Further, fellow prisoner Gary Andrashko, DOC #119460-A assert my helpful and beneficial valid legal assistance on his own behalf in his accompanied affidavit.
The WDOC official's un-bounded animosity and retaliation became and institutionalized continuing wrong-doings. [See the objective and scholarly research and writings on this subject: "One of the Dirty Secrets of American Corrections:" Retaliation, Surplus Power, and Whistle-blowing Inmates, James E. Robertson. Research Professor. Minnesota State University, 42 LL Mich. J.L. Reform. 611. spring 2009. https.doc. lexi.com/research/retrieve?].
VIOLENT GANG MEMBERS VIOLENT ASSAULTS UPON IRBY WITH W DOC SUCCESSIVE OFFICIALS IN CONTINUING WRONGS INTENTIONALLY MALICIOUSLY SHIFTING BLAME TO HIM AND SUPPRESSING EVIDENCE OF HIS INNOCENCE...

A.] In 1986 in WCI so-called north cafeteria a white gang member allied with the Chicago "Gangster Disciples" physically assaulting and injuring me. WCI successive Wardens and Security Directors suppresses an officer witness "Incident Report" supporting my whole innocence. [C.O. David J. Scharf. Incident Report No. 1088IS. 2-24-1986". 3:22 p.m.].

B.] In early 1992. a WCI unanimous Program Review Committee |PRC{ recommended Irby"s transfer to Fox Lake Correctional Institution |FLC1). medium security custody.

C.] However. WCI Chicago Gangster Disciple member, Frank Henderson, physically assaulted Irby at his clothing distribution (C.D.) job. Irby was given 360-days punitive segregation. Frank Henderson was rewarded with an "unscheduled" immediate transfer to Fox Lake Correctional Institution. [See: Adult Conduct Report #484761 (2-pages)].

D.] Later on (9-24-1995) at Columbia Correctional Institution (CCI) another young Chicago Gangster Disciple, a violent street gang member, Michael Daniels #134323, assaulted Irby with a dustpan weapon, but his own hand was injured in the incident. And not withstanding his two inmate's objective sworn affidavits proving his innocence. Irby was given the maximum 360-days punitive segregation. Daniels was rewarded with a subsequent transfer to Fox Lake Correctional Institution. [See: Adult Conduct Report #139323].

E.] Later, on (8-12-1993). another Chicago Gangster Disciple, a violent street gang member. Donald Wright, assaulted Irby with a metal ink pen on security camera, with about . seventy-five inmate witnesses. Though he was given an Adult Conduct Report. Irby was given the blame and still remains in "Total Social Isolation." Later, inmate Wright was paroled but shortly thereafter re-incarcerated. A WCI officer gave a written statement proving Irby's innocence. See: Adult Conduct Report #542658].

F.] Later, on (2-2-1995). at WCI Adjustment Center (AC), another Gangster Disciple allied violent gang member, inmate Crowley, verbally sexually assaulted and threatened Irby's life, but though his Adult conduct Report #583653 described the two engaging in identical behavior, only Irby was given an Adult Conduct Report and maximum punishment. [See gen. Lindell v. Houser, 422 F.3d 1033 (7th' Cir. 2006) (WCI inmate alleged guards used inmates to assault him)].

In continuing wrongs, WDOC is violating Irby's United States Constitutional Federal and State law rights. See e.g.. LLS.C. Title 18 ss. 242. and have conspired to continue to deprive Irby of his Constitutional Rights contrary to Title 18 ss. 241. by using Gangster Disciple, a violent prison and street gang, inmates as their "Agent Provocateurs" to assault Irby. See also. gen. U.S. v Garcia, 340 F 3d 1013 [Cal. Prison guards convicted of acting in concert with inmates to assault targeted inmates].
The WDOC/WCI fabricate and maintain manifested prove prejudicial malicious records asserting "bad acts" by Irby as previously above discussed.
But glaringly the lowest of the low in the WDOC/WCI purely evil, continuing wrongdoings, open conspiracy is to deprive Irby of his well documented working hard at "good works" (and a new life of service) and too long overdue opportunity at redemption [and demonstrating rehabilitation]. Irby's last conduct report was in 1995.
Despite freakishly being cast adrift into an upside down world where those sworn to uphold the law is outrageously lawless, and me the so-called outlaw am playing by the rules, a law abiding citizen.
Further, the WDOC/WCI Administration intentionally maliciously houses known documented young (almost all Negroes) gang members: sexual predators: medicated mentally-ill: "Agent Provocateur" inmates, who carry "acting out" sadistically Psycho-sexual terroristic torments (e.g. pounding on my assigned cell walls: extremely excruciatingly loud verbalization noises: harsh obscenities and threats to do bodily harm. etc.. etc.) so similar to those purely evil reputedly at Abu Ghraib and Gitmo. Cuba.
The Administration misuses 24*7 lights on: windowless "box car" cells; no outdoors "sunshine": "fresh air": nor exercise: total social isolation: no access to rehabilitative programming and no in cage mirror. See gen. Kerr v. Puckett, 138 F. 3d 321 (7th Cir. 1998) [Alleged WDOC "Brainwashing" Program is unconstitutional.
The named WDOC/WCI officials uses over 35-years of social isolation in varied forms of punitive segregation in its cruel and evil unconstitutional continuing wrong, retaliation open conspiracy.
However, let the objective highly esteemed Federal Bureau of Prison {FBOP} at Leavenworth Penitentiary {USPJ in Kansas, where Irby spent from January 1998 to March 2000 in its general population with roommates: Trusty Nightshift UNICOR Print Shop job: treatment program participation: education programming: out of cell from 6:00 a.m. to 10:00 p.m.. provide its own influential evaluation of Irby's character and behavior as "Excellent." See FBOP Progress Report [1999].

DOCUMENTS

Click on documents to view larger
transcriptions below photos

1)P . O4 Progress Report FBOP
institutional adjustment report

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISON'S
USP. LEAVENWORTH. KANSAS
PROGRESS REPORT

REG. NO. 10233-045
DATE; May 28> 1999
INSTITUTIONAL ADJUSTMENT: Since his arrival in the Bureau of Prisons, Irby has displayed excellent institutional adjustment.
a.Program Plan - On January 28. 1 9S8, Irby was initially classified to IN custody regular duty, correctional counceling, post Secondary Education, and placed on the UNOCOR waiting list.

b.Work Assignments - Irby was initially assigned to work in the Food Service Dining Room where he received satisfactory work reports.According to his job supervisor he had a positive relationship with his co-workers and was not considered a management problem. On May 22, 1998, Irby was reassigned to the UNICOR Print factor.Presently he is earnong third grade pay and is receiving above average work reports.

c.Educational/Vocational Participation - File material indicates Irby completed 12 hours of Introduction to Sociology. He did not complete this course due to a conflict n his work schedule. Presently, he is enrolled in an American History course.

d.Counseling Programs - Irby participates in correctional counseling on an as needed basis. Also, he is actively involved with counseling with our psychology department.

e. Incident Reports - None.

f. Institutional movement ON January 22, 1998, Irby arriver at USP Leavenworth for service or the remainder of his state sentence.

g. Physical/Mental Health - Presently, Irby is regular duty status with a medical restriction of hearing. There are no signs of any emotional or psychological problems which would preclude him from gainful employment upon release.
h. Progress on financial responsibility plan: File indicates Irby has no sourt ordered financial obligations.

RELEASE PLANNING: Presently, Irby states if he is released from his Wisconsin sentence, he will return to the Madison, Wisconsin area. Also he states he has no firm placeof residence and will need to seek suitable employment.
a. Residence - To be obtained.
b. Employment - To be obtained.
c- USPO - v State of Wisconsin.

DICTATED BY: Kevin B Pardo, case manager May 28, 1999/cmp
20. REVIEWED BY:
Wm. Lingenfelser, Unit Manager Date

progress report (continued)
Jun-O9-99 O2:15P (JSP LVN HRM J.S. DEPARTMENT OF JUSTICE federal Bureau of Prisons
913-632-3617 p Q3
Progress report transcription
United States Penitentiary, Leavenworth, Kansas
May 28, 1999
Inmate Reviewed and/or Received Copy
Name IRBY, Leon
Register Number: 10283-045
5. Present Security/Custody Level: High / IN
4. Age (DOB): 52 (12-20-46)
6. Offense/Violator Offense:
First Degree Murder, and Second Degree Murder (Wisconsin State Prisoner)
1. Sentence:
LIFE +15 Years consecutive
8. Sentence Began: 02-11-72
9. Months Served:
327 Mos. -1-215 Days Jail Credit
10. Days GCT or EGT/SGT: State Boarder
11. Days FSGT/WSGT/DGCT: State Boarder
12. Projected Release: Unknown
13. Last USPC Action: Parole Eligible 07-04-85.
14. Detainers/Pending Charges: None.
15. Codefendants: N/A.
:c: Inmate's Central File U.S. Probation Office
Parole Commission Regional Office (in old law cases only) Inmate


2)

AFFIDAVIT (photo of document below
STATE OF WISCONSIN )
( COUNTY OF DODGE )

I- Gary Andrashko. beinq first duly sworn, upon oath-states as follows:
1. That I am an adult male prisoner confined to the Wisconsin Department of Corrections (WDOC);
2. I have personally known fellow WDOC prisoner Leon Irby DOC# 033802-A, since 1992, when we were both working at the WDOC Waupun Correctional Institution (WCI) Clothing Distribution Center;
3. That pursuant to WDOC Admin. Code 309.155(5) (current Code), Mr. Irby provided me and many other prisoners, Inmate-to-Inmate Legal assistance without charge;
4. On October, 1994, Mr. Irby provided me legal assistance in SXR Andrashko v. McCaughtry, Case No. 94-CV-450, Dodge County Circuit Court, certiorari action; which judge Joseph Schulfcz/ ultimately ruled in my favor on December 16, 1996;
5. On December, 1995, Mr. Irby provided me legal assistance in SXR Anrirashko v. McCaughtry, Case No. 95-CV-574, Dodge County Circuit Court, certaioari action; which judge Thomas Wells, ultimately ruled in ray favor;
6. On January, 1995, Mr, Irby provided me legal assistance in Andrashko v. McCaughtry, et al. Case No. 95-CV-199, Dodqe County Circuit Court, property lawsuit; which was settled cut-of-court (date unknown);
EXHIBIT F 1
7. On and through 1HQ5-1997, Mr. Irby provided me legal assisatnce in State v. AndrasVco, postconviction motions to withdraw his guilty plea; Winnebago County Circuit Court, Judge William Carver, Case Fo. 87-CF-27R; ruled against me.

Gary Andrashko Affiant Subscribed and sworn to before me
This 3 day of october 2002.
NOTARY PUBLIC/' State of Wisconsin Mt Corr.mission Expires:_______
affidavit page one and two-click to view larger

3)PARTIAL LIST OF LEON'S CASES LITIGATED
1. (SXR) Irby V. Isarel. 291 N.W. 2d 697 (W.Ct. of App. 1980.)
2. Irby V. Isarel. 302 N.W. 2d 517 (Ct. of App. 1980)
3. Irby V. Young. 402 N.W. 2d 314 (Wis. App. 1987)
4. Irby V. Bablitch. 489 N.W. 2d 713 (Wis. App. 1992)
5. Irby V. Macht. 422 N.W. 2d 9 (1994)
6. State V. Irby. 182 N.W. 2d 251 (Wis. 1971) 7.231 N.W. 2d 233



4.)note on reason for seg

interview request: reason Irby is in seg
Sir: Please advise: If not for my present DOC 303 Ac status (may 2002) would not
my current custodial rating be medium? Thanks.

Response. YES
___________________________________________________________________
5)complaint


IRBY, LEON
DOC 033802, Waupun Correctional Institution PO Box 351, 200 S. Madison St. Waupun, WI 53963-0351

Complaint picture
Complaint 2 transcription
DEPARTMENT OF CORRECTIONS
WISCONSIN Division of Adult Institutions
Administrative Code DCC-401 (Rev. 01/95)
Chapter DOC 310
INSTITUTION COMPLAINT EXAMINER'S REPORT
Inmate Name IRBY, LEON L-AC 7 Institution WCI Complaint File Number 1015-96
Inmate Number 033S02 Date Complaint Received 04/04/96
Complaint Category: 06 - PERSONAL PHYSICAL CONDITIONS

Complaint Summary :
JW--Inmate Irby claims Inmate Erving has been constantly banging on the cell wall and making threats against him.

Persons interviewed and documents relied upon :Inmate contacted? No; Officer Grotenhuis.

Summary of Facts:
The complainant states that inmate Erving bangs on the wall day and night and hollers out gang slogans and threats to his life. The complainant states that this banging causes psychological and physical pain.

Officer Grotenhuis was contacted in the Adjustment Center (AC). When asked whether inmate Erving does this, Officer Grotenhuis stated that it has occurred. Officer Grotenhuis stated that when he is told to stop, he does.

The AC houses inmates who have violated the rules of the institution. These inmates, in some cases, have little to lose by being disruptive while being housed in this setting. While this examiner understands the complainant’s dilemma, there is nothing the ICR can do for the inmate. It should also be noted that the complainant was directed to move to a different cell hall and has subsequently refused.

If the complainant is suffering from psychological and physical pain, he should contact Clinical Services and Health Services.
Resolution/Recommendation: Dismissed
Institution Complaint Examiner's Signature Date Signed 4/18/98




6)response of warden

Inmate Name
.IRBY, LEON L-AC 7 DOC Number 033802
Date Complaint Received 04/04/96
Complaint File Number(s) WCI 1015-96

ICE Recommendation Dismiss complaint.
Warden's Decision
X This complaint is dismissed.
__ This complaint is dismissed with modifications shown below
__ This complaint is affirmed.
__ This complaint is affirmed with modifications shown below.

Reasons for Decision (If ICE's recommendation is not accepted)

Names of additional people who should receive a copy of this decision (Other than the Complainant or the ICE)

Warden/Designee Signature Date Signed

NOTICE TO INMATE:
If you are adversely affected by the decision, you have 5 calendar days to appeal the decision to the Corrections Complaint Examiner. Form (DOC-405) for such an appeal may be obtained from the- Institution Complaint Examiner.
[Fold so address is visible through window of envelope)

IRBY, LEON
DOC 033802, Waupun Correctional Institution PO Box 351, 200 S. Madison St. Waupun, WI 53963-0351



_____________________________________________________complaint summary

IRBY, LEON
DOC 033802, Waupun Correctional Institution PO Box 351, 200 S. Madison St. Waupun, WI 53963-0351



7)Eisenberg letter 2
Eisenberg letters 1 and 2, click to view larger, transcriptions below

HOWARD B. EISENBERG Attorney at Law
Post Office Box 1476
Milwaukee, Wisconsin 53201-147
Leon Irby #33802
Boscobel, WI 53805-9900
March 23, 2002
Dear Mr. Irby:

I AM RESPONDING TO YOUR LETTER DATED March 21, 2001. I am returning all of the papers enclosed with your letter. Please know when you hear from Madison on your appeal. For a person who is 55 years olds and only achieved GED level education, you are doing pretty well. IN another life, you could have been a pretty good lawyer.
Yours very truly,


HOWARD B. EISENBERG Attorney at Law
Post Office Box 1476
Milwaukee, Wisconsin 53201-147

Mr. Leon Irby #033802-A
Supermax Correctional Institution
P O Box 9900 Boscobel, WI 53805-9900
October 15, 2001

Dear Mr. Irby:
I am responding to your letter dated October 11, 2001. Mr. Aney wrote to me about Mr. Saenz, and I will make certain that one of the class action lawyers sees him on the next visit to SMCI. I am returning all of the papers enclosed with your letter.
You do not have to return the decision I sent to you. The copy was for you.
Yours very truly,





8)PROGRAM REVIEW INMATE CLASSIFICATION SUMMARY



inmate classification summary page 3



program review



DEPARTMENT OF CORRECTIONS/Office of Offender Classification .DOC-114 /(Rev. 7/94)
PROGRAM REVIEW INMATE CLASSIFICATION SUMMARY

Adm.WISCONSIN admin code chapter DOC 302
Page 1 of 2
INMATE NAME Last First IRSY LEON Institution WSPF/INMATE # 033302/REPORTING INSTITUTION WI SEC PROG FAC/AREA # 12042/DATE RECEIVED A&E 02/12/72/LATEST PAROLE ACTION (WAIVED CONSIDERATI PED 00/00/00 MR/ES DATE/MAXIMUM DISCHARGE DATE **/**/LIFE MEDICAL REPORT DATE 11/06/91
MEDICAL CONDITION Primary MENTAL/Secondary NO SPECIAL CONDITION Other NO/MEDICAL ACTIVITY LEVEL ANY/MEDICAL HOLD DATE/MEDICAL/DENTAL PLACEMENT STATUS HSU FACILITY ONLY/DENTAL REPORT DATE 02/04/92/DENTAL CLASSIFICATION NO DENTAL CONSTRAINTS/DENTAL HOLD DATE
SENTENCE INFORMATION/
Offense Description
1. MURDER 1ST DEC
2. MURDER 2ND DEC
3.Relationship GOVERNING CS TO 1
Term LIFE 15 YRS, 0 MOS
ADDITIONAL DEFENSES/DETAINERS/PENDING CHARGES/PROGRAM PERFORMANCE
Program A&E Need
Participation Code
Entry Date
Exit Date
VOC EDUC REQUIREDUNAVAILABLE06/10/99
CHEM DEPEND - EVALUATION COMPLETED 01/02/92;02/07/92
AODA EDUCATIONUNAVAILABLE 06/10/99
MENTAL HEALTH CLASIFICATION /MH-0 NO CURRENT MH NEED 05/01/04
CLINICAL ASSESSMENT NEED CLINICAL TREATMENT-UNSPEC CLINICAL MONITORING CHALLENGE INCARCERATION
COMPLETED PARTICIPATED COMPLETED EXCLUDED OFFENSE
12/14/88 01/18/89 03/05/04 10/01/04 01/02/92 09/07/95 05/28/04
INTENSIVE SANCTIONS EARNED RELEASE PROGRAM
TERMINATED-ADMINISTRATIVE EXCLUDED OFFENSE 03/07/95 10/01/04 05/09/02

SECURE PROGRAM ENROLLED 05/19/00
GENERAL EDUC DEVEL (GED) TERMINATED-ADMINISTRATIVE;02/04/92;06/02/93

TYPE OF REVIEW SCHEDULED | LAST PRC DATE 10/01/04
SOCIAL WORKER SUMMARY AND APPRAISAL OF PROGRAM REVIEW REQUEST
THE I/M WAS ADVISED OF THE PURPOSE OF THIS SCHEDULED REVIEW & REQUESTED TO APPEAR FOR THE OCTOBER 2005 HEARING.

-HE IS SERVING HIS 3RD ADULT INCARCERATION (DOB 12/20/46). THE DETAILS OF HIS OFFENSE INVOLVED 1ST AND 2ND DEGREE MURDER. INMATE SHOT ANOTHER MAN IN A MADISON BAR IN '71 WITH A SAWED OFF SHOTGUN. ALSO STABBED ANOTHER INMATE TO DEATH AT WCL IN 1974.
-ON 4/18/00, THE I/M ARRIVED FOR THE WSPF SECURE PROGRAM FROM THE FEDERAL SYSTEM. IT IS NOTED THAT THERE WAS NO PRC PAPERWORK DONE AT THE TIME OF INMATE'S TRANSFER WHICH DOCUMENTED REASONS FOR THAT TRANSFER TO WSPF.
-WSPF PROGRAMMING: COMPLETED TURNING POINT 1&2, ANGER (DOESN'T MEET A&E CRITERIA^ AND RATIONAL-EMOTIVE THERAPY; PARTICIPATED IN SELF-ADVANCEMENT EDUCATION AND CASTLE OF THE PEARL.
-HIS INSTITUTION ADJUSTMENT HAS BEEN ACCEPTABLE, AS HE HAS RECEIVED NO CRS SINCE LAST PRC HEARING OR WSPF ARRIVAL. LAST MAJOR CR IS DATED 11/14/95 FOR DISRESPECT. CONDUCT NOTED IN THE FEDERAL SYSTEM NOTED AS "POSITIVE" & "EX-CELLENT" WHILE THERE FROM 12/97 TO 4/00. NO INDICATION OF ANY CRS AT FBOP.
-THE I/M HAD NO COMMENTS.
-SW RECOMMENDATION IS TO RETAIN AT MAXIMUM CUSTODY WITH TRANSFER TO ANY MAX SECURITY INSTITUTION. MENTAL HEALTH ASSESSMENT HAS NOT BEEN REQUESTED AGAIN SINCE 10/03 HEARING. I/M HAS HAD NO CRS SINCE 1995, OR SINCE WSPF ARRIVAL.
-****PRC COMMITTEE COMMENTS CONTINUED: PROPRIATENESS FOR OTHER PLACEMENT IN THE FUTURE"(NOT SPECIFIED FOR RETENTION AT WSPF). A SECOND STEP REFERRAL IS WARRANTED. THIS DECISION IS BASED ON DOC 302.07 FOR SERIOUSNESS OF CURRENT. . DEFENSE, SENTENCE LENGTH, HISTORY OF MISCONDUCT, PAROLE COMMISSION ACTIONS " ' & RISK RATING FACTORS. A 12 MONTH RECALL IS SET. APPEAL RIGHTS-DOC 302.18.
-2ND STEP COMMENTS: INMATE REMAINS AN UNREASONABLE RISK TO RETURN TO A GP,'f •; o SETTING IN WI BASED ON HIS HISTORY OF EXTREME INSTITUTION VIOLENCE AND " ' c ILL WILL IN THE POPULATION. GOOD ADJ. DURING PAST 10 YRS INCLUDING A POSITIVE STAY IN FBOP. WE RECOMMEND RETENTION AT WSPF PENDING EXPLORATION OF THE FEASIBILITY OF AN OUT OF STATE PLACEMENT. REFER FOR 3RD STEP REVIEW.
ASSIGNMENT
I. ADM CONF 2.
SOCIAL WORKER NAME-* HARPER
COMPLETION DATE 10/18/05
(documents above, transcription below)
DEPARTMENT OF CORRECTIONS/Office of Offender Classification DOC-114 (7/94)
WISCONSIN Adm. Code Chapter DOC 30;
PROGRAM REVIEW INMATE RISK ASSESSMENT
INMATE NAME IRBY LEON 033802 DODGE-PROPER
MONTH TO MR DATE SOCIAL WORKER NAME Zink DATE COMPLETED 12/16/99
CURRENT DEFENSES Rating • "HIGH"
Offense Description 1.MURDER 1ST DEG Relationship GOVERNING Term LIFE
2. MURDER 2ND DEG CS TO 1 15 YRS
OFFENSE HISTORY Rating: MOD Comment:
SENTENCE STRUCTURE Rating: MOD Assigned Track: LIFER-CATEGORY I
Comment: LOW WHEN PRE-PAROLE REQUESTED.
INSTITUTION ADJUSTMENT Rating: LOW Comment: HISTORY ADMIN CONFINEMENT UNTIL 12-97
Conduct Report Offense: -
Disposition Date: / / Release to Population Date: / /
Disposition (Days): Program Seg: 0 Adj Seg: 0 Loss of Time: 0

ESCAPE HISTORY Rating : LOW Comment:
EMOTIONAL/MENTAL HEALTH Rating" "LOW" Comment: OFF MEDS SINCE 9-98
PROGRAM PARTICIPATION Rating" ~LOW~ "" Comment:
TEMPORARY FACTORS Rating : "Low" " County Hold: NO Detainer/Pending Charges: NO Field Information Unavailable: NO INS Status: NO Other Condition: NO Comment:
RISK RATING: MOD
EXHIBIT 3
__________________________
9) DEPARTMENT OF CORRECTIONS/office of Offender Classification DCC-116 (Rev. 11/96)
PROGRAM REVIEW INMATE CLASSIFICATION SUMMARY
WISCONSIN Adra. Coda Chapter DOC 302
10/21/05 tVlDENG≥ 2 of 2
INMATE IR3Y
NAME
Last
First
LEON
MI
S'JF
INMATE 033302
#

PROGRAM REVIEW COMMITTEE COMMENTS, RECOMMENDATIONS, AND DECISION
-APPEARED/SCHEDULED. HE WAS ADVISED THIS REVIEW WAS TO EVALUATE CUSTODY, PLACEMENT & PROGRAM ISSUES. SW REPORT CONSIDERED. LIFER W/A RISK RATING OF HIGH FOR INSTITUTION ADJUSTMENT; LOW IN ALL OTHER AREAS (PPI NOT REQUIRED FOR SS). HE WAIVED PAROLE CONSIDERATION. NO SPNS, ESCAPE HISTORY OR LEGAL CONCERNS NOTED. MEDICAL STATUS-ANY ACTIVITY LEVEL. NO DENTAL CONSTRAINTS.
-THE I/M'S HISTORY OF ADJUSTMENT RESULTED IN HIS PLACEMENT IN WSPF PROGRAM-MING. HE IS CURRENTLY ON LVL 3 IN ADMIN CONFINEMENT (PER ACRC HEARING DATED 6/25/05). HE HAS COMPLETED ALL SEGMENTS OF WSPF PROGRAMMING AVAILABLE TO HIM AND HAS SPENT 1898 DAYS ON LVL 3. HIS APPLICATION FOR LVL 4 REFLECTS "MR IRBY WAS TRANSFERRED TO WSPF FROM A FEDERAL FACILITY IN 4/00.THROUGHOUT HIS LENGTHY APPLICATION HE ACCEPTS VERY LITTLE RESPONSIBILITY FOR HIS AGGRESSIVE BEHAVIOR. HE INDICATES THAT HE WAS THE VICTIM IN MANY OF THE PHYS¬ICAL ALTERCATIONS HE WAS DISCIPLINED FOR & THAT THE AGRESSOR RECEIVED NO CONSEQUENCE. HE STATED THAT THE GANGSTER DISCIPLES HAVE BEEN OUT TO GET HIM FOR YEARS, THAT THE DOC KNOW THIS BUT DENIED HIM VOLUNTARY SEGREGATION WHEN HE REQUESTED IT. HE STATED' CURRENTLY, GANGSTER DISCIPLES & THEIR ASSOCIATES 24/7 BANG ON WALLS, MAKE NOISE, BANG ON SINKS, THREATEN & VERBALLY SEXUALLY HARASS ME WHILE AT WSPF.' IT IS RECOMMENDED THAT MR IRBY BE RETAINED ON LVL 3 FOR FURTHER MONITORING OF HIS BEHAVIOR, ATTITUDE & COMMITTMENT TO CHANGE REVIEW AGAIN IN 11/05." HE HAS HAD NO CONDUCT REPORTS SINCE 11/14/95.
-PROGRAM PERFORMANCE: COMPLETED CDE & CM; ENROLLED IN SECURE PROGRAM; PRO-. GRAM NEEDS REMAIN IN VOC ED & AODA EDUCUCATION; NOT ELIGIBLE FOR CIP & ERP.
-I ASKED I/M IRBY IF HE WOULD PARTICIPATE IN A MENTAL HEALTH SCREENING TO DETERMINE HIS RISK OR THREAT WITHIN THE WDOC. HE STATED HE WOULD "CONSIDER IT" BUT HAS PENDING LITIGATION. HE STATED HE WAS A MEDIUM CUSTODY OVERRIDE TO THE FBOP, WHERE HE WAS A MODEL GP I/M WITH A JOB. HE DOESN'T UNDERSTAND HOW HE IS STILL CONSIDERED DANGEROUS WHEN HE HAS NOT BEEN PROBLEMATIC.
-THE COMMITTEE WAS SPLIT IN ITS DECISION, AS 1 MEMBER STATED HIS ADMIN CONF STATUS AS 1 MEMBER STATED HIS ADMIN CONF STATUS JUSTIFIES CONTINUED WSPF PLACEMENT. THE OTHER MEMBER'S DECISION IS TO TRANSFER HIM TO A GP MAXIMUM FACILITY BASED ON HIS CONDUCT RECORD OF THE PAST 10 YRS, HIS POSITIVE WSPF PROGRAM PARTICIPATION, HIS AGE & THE 5/19/00 PRC COMMENTS OF "THE NEED FOR MONITORING HIS CONDUCT TO DETERMINE HIS AP-
INMATE PRESENT AT PROGRAM REVIEW
SECOND STEP REFERRAL YES
CURRENT CUSTODY RATING MAXIMUM
TOTAL # OF CONDUCT REPORTS RECEIVED Minor 058 Major 025
LAST MAJOR CONDUCT REPORT DATE 11/14/95


doc look up 2

Get a Document - by Citation - 42 U. Mich. J.L. Reform 611 Patre 25 of 48
*ri71. 31doc lookup3

12 U.S. 546 (1941).
"+n72. Id. at 548-49.
"?n73. See Julie B. Nobei, Ensuring Meaningful Jailhouse Legal Assistance: The Need for a Jailhouse Lawyer-Inmate Privilege, 18 Cardozo L. Rev. 1569 (1997).

There is no clear definition of a Jailhouse lawyer, but several characteristics are essential to any definition: all Jailhouse lawyers are incarcerated; most do not have a law degree or any formal legal training; and all claim to possess some legal knowledge and are sought out by other prisoners for this reason. Some Jailhouse lawyers serve as law clerks or legal assistants in prison libraries; others work as freelancers and provide services that are completely independent of their penal institution. Although Jailhouse lawyers are not supposed to be paid for their services, it is well-documented that most of them are compensated by money or other goods or favors.

Id. at 1573-75 (footnotes omitted).

Jailhouse lawyers received constitutional protection in Johnson v. Avery, 393 U.S. 483 (1969), which ruled that inmates can aid one another in seeking access to the courts in the absence of alternative means of legal assistance. See id. at 490.
'?n74. Hull, 312 U.S. at 549
*|75,393 U.S. 483 (1969),
"?n76. See id. at 490.
|?430 U.S. 817 (1977).|
~?n78. Id. at 824.
*n79. Id. at 828.
i— ,V! —,
o "6 '..^
'"i v>-.
-, jGet a Document - by Citation - 42 I'. Midi. J.L. Reform 611 Pace 45 of 48
N268 Jonathan Macey, Getting the Word Out About Fraud: A Theoretical Analysis of Whistleblowing and Insider Trading, 105 Mich. L. Rev. 1899, 1912 (2007) (comparing whistleblowers to inside traders). But see Marcia A. Parmerlee et al., Correlates of Whistleblower Perceptions of Organizational Retaliation, 27 Admin. Sci. Q. 17, 17 (1982) Conserving that "there has been little scholarly inquiry into the characteristics common to whistle-blowers").

n269| See Kathleen F. Brickey, From Enron to WorldCom and Beyond: Life and Crime After Sacbanes-Oxley, 81 Wash. U. L.Q. 357, 365 (2003) (stating that "the Government I fVfCOUntability Project[] found that about ninety percent of whistieblowers are subjected to* reprisals or threats")

n270. Goffman, supra note 27, at 1-124.
fn271f See Noah D. Zatz, Working at the Boundaries of Markets: Prison Labor and the Economic Dimension of Employment Relationships, 61 Vand. L. Rev. 857 (2008).

Although laments over the "idleness" of prisoners are not uncommon, well over 600,000, and probably close to a million, inmates are working full'time-in jails and prisons throughout the United States, Perhaps some of them built your desk chair: office furniture, especially in state universities and the federal government, is a major prison labor product. Inmates also take-hotel reservations at corporate call centers, make body armor for the U.S. military, and manufacture prison chic fashion accessories, in addition to the iconic task of stamping license plateds .

Id, at 868 (footnotes omitted); see also, e.g., Brian Hauck, Prison Labor, 37 Harv. J. on
Legis. 279, 279 (2000) (stating that "prison labor is almost as old as prisons"); James J Misrahi, Factories With Fences: An Analysis of the Prison Industry Enhancement Certification Program in Historical Perspective, 33 Am. Crim. L. Rev. 411, 413 (1996) ("The history of American prisons is also the history of labor in prisons. Inmate idleness was not simply a concomitant problem of incarceration but rather a cause of deviant behavior. Work was therefore considered necessary to instill discipline in the inmate and to set him onto the path of righteousness through an institutional routine.") (footnotes omitted),

n272. See Jim Thomas, Prisoner Litigation (1988), who posits th2 U.S. at 549
*|75,393 U.S. 483 (1969),
"?n76. See id. at 490.
|?430 U.S. 817 (1977).|
~?n78. Id. at 824.
*n79. Id. at 828.
i— ,V! —,
o "6 '..^
'"i v>-.
-, jGet a Document - by Citation - 42 I'. Midi. J.L. Reform 611 Pace 45 of 48
N268 Jonathan Macey, Getting the Word Out About Fraud: A Theoretical Analysis of Whistleblowing and Insider Trading, 105 Mich. L. Rev. 1899, 1912 (2007) (comparing whistleblowers to inside traders). But see Marcia A. Parmerlee et al., Correlates of Whistleblower Perceptions of Organizational Retaliation, 27 Admin. Sci. Q. 17, 17 (1982) Conserving that "there has been little scholarly inquiry into the characteristics common to whistle-blowers").

n269| See Kathleen F. Brickey, From Enron to WorldCom and Beyond: Life and Crime After Sacbanes-Oxley, 81 Wash. U. L.Q. 357, 365 (2003) (stating that "the Government I fVfCOUntability Project[] found that about ninety percent of whistieblowers are subjected to* reprisals or threats")

n270. Goffman, supra note 27, at 1-124.
fn271f See Noah D. Zatz, Working at the Boundaries of Markets: Prison Labor and the Economic Dimension of Employment Relationships, 61 Vand. L. Rev. 857 (2008).

Although laments over the "idleness" of prisoners are not uncommon, well over 600,000, and probably close to a million, inmates are working full'time-in jails and prisons throughout the United States, Perhaps some of them built your desk chair: office furniture, especially in state universities and the federal government, is a major prison labor product. Inmates also take-hotel reservations at corporate call centers, make body armor for the U.S. military, and manufacture prison chic fashion accessories, in addition to the iconic task of stamping license plateds .

Id, at 868 (footnotes omitted); see also, e.g., Brian Hauck, Prison Labor, 37 Harv. J. on
Legis. 279, 279 (2000) (stating that "prison labor is almost as old as prisons"); James J Misrahi, Factories With Fences: An Analysis of the Prison Industry Enhancement Certification Program in Historical Perspective, 33 Am. Crim. L. Rev. 411, 413 (1996) ("The history of American prisons is also the history of labor in prisons. Inmate idleness was not simply a concomitant problem of incarceration but rather a cause of deviant behavior. Work was therefore considered necessary to instill discipline in the inmate and to set him onto the path of righteousness through an institutional routine.") (footnotes omitted),

n272. See Jim Thomas, Prisoner Litigation (1988), who posits the following about jailhouse
lawyers

First they take their jobs ... seriously... . Second, their tasks fill both a legal and institutional in which they serve a variety of unmet prisoner needs. Third, they clearly do not, as a either file or encourage the "frivolous suit," as critics charge... ..Finally, conspicuously 'from their story (and from observations) are connections with outside political "activists.'
iat 242; see also supra note 73 (defining "jailhouse lawyers").

Get a Document - by Citation - 42 U. Mich. J.L. Reform 61 i Pase 47 of 48
--
squalor and inhumane treatment by correctional personnel and had nowhere to turn for help; Peak, supra note 248, at 218 ("Until the 1970s conditions in many prisons were almost insufferable for both staff members and inmates... ."); The President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society 159 (1967) ("Life in many institutions is at best barren and futile, at worst unspeakably brutal arid degrading.").

~n278. See, e.g., Clear & Cole, supra note 257, at 410 (concluding that judicial review had abated the most vile features of prison life); Dilulio, supra note 257, at 291 (characterizing judicial intervention as a "qualified success").
n279. Stuart A. Scheingold, The Politics of Rights; Lawyers, Public Policy, and Political Change 23 (2nd ed. 2004),

n280. Robertson, supra note 13, at 124-40 (2000) (describing inmates as a largely black subgroup that experiences racial segregation, prejudice, disenfranchisement, and impoverishment); see also, e.g., Christopher E. Smith, Courts, Politics, and the Judicial' Process 288 (1993):("Incarcerated criminal'offenders constitute a despised minority without political power to influence the policies of legislative and executive officials."). But see, e.g., U.S. v. King, 62 F.3d 891, 895 (7th Cir. 1995) ("Prisoners are not a suspect class."); Wilson v. Giesen, 956 F,2d 738, 744 (7th Cir. 1992) ("But prisoners are not a suspect class."); Pryor y. Brennan, 914 F.2d 921, 923 (7th Cir. 1990) ("Prisoners do not constitute a suspect class."}
,.
n281. See supra notes 18-51 and accompanying text (examining the causes and frequency of correctional officer retaliation).
n282. See 42 U.S.C. § 1997e(a) (2006) (stating that "no action shall be brought with respect to prison conditions under section 1983 ... by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted").
n283. Id. § 1997e(e) (stating that "no Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury") (emphasis added).
'n284. See supra notes 21-24 and accompanying text (discussing the extent to which fear of retaliation deters legitimate complaints).

12)progress report (above, transcription below)
Jun-O9-99 O2:15P
DEPARTMENT OF JUSTICE federal Bureau of Prisons
Progress report transcription
United States Penitentiary, Leavenworth, Kansas
May 28, 1999
Inmate Reviewed and/or Received Copy
Name IRBY, Leon
Register Number: 10283-045
5. Present Security/Custody Level: High / IN
4. Age (DOB): 52 (12-20-46)
6. Offense/Violator Offense:
First Degree Murder, and Second Degree Murder (Wisconsin State Prisoner)
1. Sentence:
LIFE +15 Years consecutive
8. Sentence Began: 02-11-72
9. Months Served:
327 Mos. -1-215 Days Jail Credit
10. Days GCT or EGT/SGT: State Boarder
11. Days FSGT/WSGT/DGCT: State Boarder
12. Projected Release: Unknown
13. Last USPC Action: Parole Eligible 07-04-85.
14. Detainers/Pending Charges: None.
15. Codefendants: N/A.
:c: Inmate's Central File U.S. Probation Office
Parole Commission Regional Office (in old law cases only) Inmate

13)book new Jim Crow

The New Press - "The New Jim Crow" by Michelle Alexander
The New Jim Crow
Mass Incarceration in the Age of Colorblindness
MICHELLE ALEXANDER
Hardcover
$27.95
A BOLD AND INNOVATIVE ARGUMENT THAT MASS INCARCERATION AMOUNTS TO A DEVASTATING SYSTEM OF RACIAL CONTROL,
BY A RISING LEGAL STAR
Jarvious Cotton's great-great-grandfather could not vote as a slave. His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan Intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole. —FROM THE NEW JIM CROW
As the United States celebrates the nation's "triumph over race" with the election of Barack Obama, the majority of young black men in major American cities are locked behind bars or have been labeled felons for life. Although Jirn Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status—much like their grandparents before them.
In this incisive critique, former litigator-tumed-legal-scholar Michelle Alexander provocatively argues that we have not ended racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community—and all of us—to place mass incarceration at the forefront of a new movement for racial justice in America.
A longtime civil rights advocate and litigator, Michelle Alexander was a 2005 Soros Justice Fellow. She holds a joint appointment at the Moritz College of Law and the Kirwan Institute for the Study of Race and Ethnicity in Columbus, Ohio, where she lives. The New Jim Crow is her first book.
Search
• THE UNITED STATES IMPRISONS A LARGER PERCENTAGE OF ITS BIACK POPULATION THAN SOUTH AFRICA DID AT THE HEIGHT OF APARTHEID.
• IN WASHINGTON, D.C., THREE OUT OF FOUR YOUNG BLACK MEN (AND NEARLY ALL THOSE IN THE POOREST NEIGHBORHOODS) CAN EXPECT TO SERVE TIME IN PRISON.
• IN SOME STATES, AFRICAN AMERICANS MAKE UP TO 90 PERCENT OF DRUG PRISONERS AND ARE UP TO 57 TIMES MORE LIKELY TO BE INCARCERATED FOR DRUG CRIMES THAN WHITES.
Pub Date: Fall 2009 Format: hardcover Trim: 61/8x9 1/4, 304 pages ISBNi 978-1-59558-103-7
Other Editions:
978-1-59558-530-1 (e-book. Fall 2009)
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