Leon Irby at ArrestIn 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 reportU.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 seginterview 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 belowHOWARD 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 reviewDEPARTMENT 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 2Get a Document - by Citation - 42 U. Mich. J.L. Reform 611 Patre 25 of 48
*ri71. 31
doc lookup312 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.
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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.
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-, 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 CrowThe 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.
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• 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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