[MIM: We have removed the name of the prisoner described in this article because we know that the prison pigs will retaliate against prisoners based on information they read in MIM Notes and so it is our policy not to print names unless there is a compelling reason to do so. Since these cases have not yet been ruled on, there is little benefit to providing the details at this time.]
On November 29, 2004, an inmate confined at the California Medical Facility (CMF), a state prison in Vacaville, California, filed suit in the United States District Court for the Eastern District of California (Sacramento), against Samuel Moreno, a correctional captain, two correctional sergeants, and a correctional lieutenant under Moreno's command, for interfering and withholding prescribed and ordered medical care, and for discriminating against [J] in violation of the "Americans with disabilities" act. [J] is a paraplegic permanently confined in a wheelchair.
In July of 1991, the federal government (congress) passed the "Americans with Disabilities" act (ADA). (See title 42, United States Code, Section 12102 Et. Seq.). The ADA holds that "no qualified individuals with a disability shall be excluded from participation in the services, programs, or activities of a public entity, or be subjected to discrimination." Therefore, in 1994, a class action lawsuit was filed in the U.S. district court for the northern district of California in Oakland, California, by inmate John Armstrong and several other disabled prisoners against then California Governor "Pete" Wilson and the California Department of Corrections (CDC) charging that the governor and California's prison system failed to comply with the ADA by not making accommodations such as wheelchair accessible housing, toilet and showering facilities for disabled inmates. And for excluding disabled prisoners from other programs, services and activities provided by the state and the CDC.
The court (the honorable Claudia Wilken, United States District Judge, S. District Court for the Northern District of California in Oakland, California), in ruling on the state's motion for summary judgment, agreed with the prisoners and concluded that the ADA application do apply to state prisons. And that the state and CDC must make reasonable accommodations for prisoners who suffer disabilities. (See John Armstrong v. Pete Wilson, et al., USDC N.D. Cal. Docket No. 94-2307 CW).
In the lawsuit filed by [J], he alleges he was "arbitrarily moved to inappropriate housing in gross disregard to my disabilities" as retaliation by Moreno for maintaining lawsuits against other CMF staff for crippling [J] and denying him medical care at CMF.
[J] was able to obtain the assistance of Susan D. Christian, staff attorney, Prison Law Office, a public interest law firm that litigates on behalf of California state prisoners on prison issues, who intervened on [J] behalf and demanded that CMF prison officials provide [J] adequate housing.
[J] was forced to defecate and urinate on himself as a result of Moreno denying [J] Toilet and showering facilities and clean clothing and bedding. [J] contracted open sores on his body and contracted lice and bed bugs. And was forced to suffer these affliction over six months until Christian intervened on [J]'s behalf. [J] a former litigation legal assistant himself, is prosecuting the lawsuit as his own attorney. And is asking in the complaint to be awarded damages against Moreno and CMF prison officials in the amount of at least $1,000 per day for each day he was inappropriately housed, and for punitive damages against each and all of them for their reckless and illegal conduct.
[J] said in his media release, "I hope this lawsuit sends a message to state government and prison officials everywhere to think twice before denying a prisoner's right to adequate housing and medical care. I did not come to prison to be abused and forced to live in my own bodily waste!"
Notes: In addition to Civil action, [J] has requested the U.S. Attorney to review this case for potential Criminal prosecution for violating [J]'s federal civil rights.
- a California prisoner