Administrative Confinement as Retaliation
By William Ledford 80495; WCI
On
September 4, 2014 I violated my parole and on September 5, 2014, I was
immediately placed in the Dodge Correctional Institution (DCI) at Waupun. On October 6, 2014 a guard became verbally
abusive and I punched the guard in the mouth. As a consequence I was given a
segregation sentence of 7 days adjustment and 360 days disciplinary
segregation(DS). Because I had not yet been formally revocated and because DCI
officials had placed a special placement need (SPN) on me to keep me separated
from the guard I punched, I was transferred to the Milwaukee secure Detention
Facility (MSDF) to its segregation unit.
While at
MSDF I did well. I had no major problems at all, even got along well with the
guards and other staff. It had initially been suggested to the MSDF security
director by DCI and DOC officials that he place me on administrative
confinement (AC) pursuant to DOC 308.04. Administrative confinement under this
administrative code provision is a means by which prison officials can
circumvent the segregation maximum of 250 days and keep a prisoner in
segregated status indefinitely, often for several years. However, because my
behavior and attitude were good the MSDF security director declined to place me
in AC, thus I continued to serve me 360 days DS sentence.
In November
of 2014 I was formally revocated, but I was retained at MSDF. Finally, on about
January 11, 2015, I was transferred to the Waupun correctional Institution
(WCI). What is important to note is that the MSDF security director released me
from my DS sentence for the staff battery the day I was transferred. When I
arrived at WCI, WCI prison officials knew who I was and what I had done>they
did not place me I segregation nor did they begin or even consider the process
to place me on AC. Instead, the placed me in general population (GP).I was fine
and I followed all the rules.
I am an
insulin dependent diabetic. I had been transfered from the North cell hall to
the south cell hall. I had to go to the health services unit (HSU) on pass to
check my blood sugar and inject insulin three times a day. Because of the large
number of diabetics and inadequate facilities at HSU to accommodate them it
conflicts with the time that my cell hall tier went to eat. Being new to the
cell hall I did not know whether I had to go to chow right away or wait or how
long to wait and there was no written direction in the rule book. When I
attempted to speak to the cellhall sergeant about the matter he was
uncooperative and unnecessarily nasty and even attempted to chastise and blame
me. This was on February 2, 2015
As required
by the institution rulebook I wrote what is called a resolution attempt letter
to the assigned cell hall supervisor, who was Cpt. Bauer, on Friday 2 2015,
explaining the situation, what the rulebook did and didn't state regarding
meals and medical passes and I requested written rules about the matter and
suggesting a solution. On February 2, 2015 Cpt Bauer sent me a memo that was
exceptionally nasty, offensive and falsely accusatory. On that same date I
replied, addressing his nastiness and false accusations. ( These documents are
a matter of record and I have copies)
On February 5,
2015, Cpt Bauer came to the south cell hall and had me come to the sergeant's desk.
He was again verbally nasty and arrogant. He also tried to force me to take
back the originals of my letters to him. I refused, telling him he could keep
them for the record and that I had copies. He got angry because I defied him,
stepped close to me, and said I wasn't going to dictate anything and he wasn't
going to be intimidated. I told him that neither was I and then walked away and
returned to my cell. This occurred at approximately 1:30 PM. At 2:55 Lt Walker
arrived at my cell with several guards and informed me I was being placed in
segregation o temporary lockup (TLU) pending AC placement renew.
On February 25
2015 after a Joke “hearing” , I was placed on AC status. As justification the
AC “committee” (all WCI employees) used old conduct reports dating back over
20 years and the allegations from my
pending criminal charges for which I had been revocated but not yet
adjudicated. This committee made a “finding” that I was “dangerous” and a
threat to staff and prisoners, not only was this obvious and clear retaliation
due it my writing the complaint resolution attempt letter to cpt. Bauer and my
interaction with him. But of special note is the fact that from the time I
arrived at WCI until my placement in TLU, at no time did I cause any problems
or receive even a minor conduct report. What is more, all of the so-called
“evidence” the committee used to justify my placement in AC (i.e., old conduct
reports and pending criminal charges) were all known by WCI prison officials
when I arrived at WCI on January 11, 2015 and they placed me in general
population. Thus the retaliation was and is-obvious and blatant as was- and
is-the misuse and abuse of AC placement.
Pursuant to DOC 308.02 and DOC 308.04(1) Ac is supposed to be a
nonpunitive status to segregate the prisoner, but not to be in
punitive segregated conditions. Nonetheless, AC prisoners are housed in the
restrictive housing unit (RHU) (i.e. solitary confinement), the same place
where all prisoners found “guilty” of a disciplinary (punitive) offense are
housed. The AC prisoners are allowed only the same property as steps 3 DS
prisoners, the highest step level for punitively placed prisoners and nothing
else. The conditions in RHU are stark. The cell is 6'X10' and has nothing but a
stainless steel toilet-sink combination, a small concrete ledge that acts as a
“table” and a concrete slab for a bed. No chair, no pillow, AC prisoners only
get two showers a week. They get their food served on a tray thrust through a
narrow slot in a solid steel door> the door has only a narrow slot in a
solid steel door. the door has only a narrow window 18” high and 4” wide. The
outside hallway is set up so that there is a concrete floor to ceiling divider
so that prisoners cannot see on another. Human contact is severely restricted.
There are no real activities. ”recreation” is a misnomer because it consists of
being taken to the end of the tier and place in a dog kennel-type cage that has
slit windows open to outside air. There is no real “recreation.” Even though
they are allowed to have a tv , radio and fan (if they own them or can afford
them) the 24 hour lock down, day after day, month after month, year after year
is toxic and emotionally and mentally corrosive. The only other property
allowed is legal documents, six books(which includes any religious texts) a
deck of cards, very limited canteen items and stamped envelopes and paper. They
allowed only a pen insert-the inner ink tube-but nothing to cover it, i.e., not
the actual pen.
Many guards are also
abusive and bullying, both physically and verbally. There are literally Dozens
of ways guards can and do harass and retaliate against prisoners such as
“losing “ their mail (incoming and out going) , tamper with their food, tear
apart their cell and scatter and mix up legal documents, steal and destroy
legal documents; falsely accuse the prisoners of disciplinary infractions,
refuse medications, etc. In addition, guards are allowed to summarily impose
“restrictions.” For example, if a prisoners retained a sugar packet from his
meal tray and a guard sees it or finds it he can impose a “meal restriction” of
a bag meal or nutra loaf (also know as seg loaf ) for at least five days In
addition to writing the prisoners a conduct report for which he automatically
receives more disciplinary sanctions. There are also serious psychological
consequences of such harsh and long stays in AC not the least of which is
intense and profound depression. As a result the prisoner often develops a deep
sense of hate, resentment and bitterness that can stand in the way of any
rehabilitation or progress.
While DOC 308
requires a “review”of AC placement every six (6) months, the review is an even
bigger farce than the original placement “hearing”. In my case, as in most is
not all, they just recycle their original “incidents” and continue the
placement. Waupun has a large number of men on AC, several who are seriously
mentally ill. Even though the DOC has expressed a desire and intent to reduce
the use of segregated statuses, it cannot be seen here at WCI.
As for myself,
it is likely I will be on AC for several years.
Waupun Correctional is a culture, force and law unto itself like no
other prison in Wisconsin and I very much doubt that there will be any
significant changes, particularly where AC placements are concerned.
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