Arizona Grievance Battle Sample Letters
This is an official legal notice to inform you all about certain violations and misconduct transpiring here at this facility, by your prison employees. This memorandum is being sent so that you all cannot deny knowledge of situations occurring beneath your supervision. And so that petitioner/prisoners can show a judicial court of law that we did all that we could to resolve issues internally.
Jesus, his disciples, journalists and various others were murdered or severely persecuted/oppressed for exposing injustices, for speaking the truth. Therefore, it should not be difficult to believe that similar punishments are occurring here today at this facility, prisoners are suffering various punishments for exposing injustices, for filing grievances. Suffering punishments that are illegal and require correction!
Require correction in order to prevent/deter continued misconduct by prison employees who think it is okay to harass and retaliate against prisoners for their filing grievances or for whatever unwarranted reason prison employees are engaging in such vile behaviors. Correction and intervention is required in order to protect prisoners from the destruction of their personal/legal properties like written testimony from other prisoners who bore witness to certain incidents. And other evidences/exhibits being compiled to help support claims of various sorts.
Failure to adhere to this plea for help will likely result in continued abuses of authority, abuses of process, continue degrading, humiliating conditions of confinement which violate state/federal laws and constitutions. And will likely result in permanent injury, whether mentally or physically.
Prisoners’ primary problem revolves around #1 Prison officials utter disregard for their own rules and regulations that governs their duties to receive, process, investigate and respond to prisoners grievances. And #2, gravitates around prisoners suffering reprisals for their utilizing the grievance process in an attempt to resolve complaints. Some of these conspiratorial practices to violate grievance policy, and prisoners First Amendment rights, including manifold reprisals like intimidation, intimidation through the destruction of personal properties. These reprisals only compound upon the existing problems that myself and others are experiencing. The ignoring of prisoner complaints not only allows for whatever issues to continue to occur, but also encourages unruly employees who engage in out of control misbehaviors. No need to mention that this also allows illegal conduct to go on unchecked.
The grievance process is established to resolve grievances/conflicts to ease tensions at the lowest levels possible, and is/should be available to prisoners for the opportunity at informal resolution and formal review of all issues which are not informally rectified. The grievance policy also provides for timely administrative responses to submitted complaints, so that prisoners wouldn’t have to bother an already busy justice system.
Administrative personnel, the grievance officer, are responsible for promoting meaningful dialogue and timely written responses. All appropriated personnel are responsible for monitoring the effectiveness of the grievance process for all the obvious reasons. And that appeals are presented to the appropriate personnel for a meaningful review. Wardens, administration etc are responsible for the wellbeing of their prison population. And not just form risks posed form other prisoner, but also against those risks and dangers being inflicted by out of control prison employees. The grievance process is really the only way us prisoners have to present and alert prison officials of any risk or harm. Really the only way to safeguard prisoners from whatever they might be experiencing. The grievance policy should not be ignored, and neither should this memorandum.Please adjust the following to your own states constitutions.
Under article 11 section 5 of the Arizona constitution, the right to petition and the right of people to peacefully protest/assemble for the common good, shall never be abridged. The universal declaration of human rights, guaranteed under article 8: Everyone has the right to an effective remedy by a competent tribunal for any acts that violate fundamental rights guaranteed by the constitution or by law.
And although prison officials can ban certain protests like mass groupings to protest conditions of confinement so long as prisoners have other ways to voice their grievance complaints i.e. the grievance process. See Duamutef v. O’Keefe, 98 F.3d 22 (2nd Cir 1996). BUT – prison officials CANNOT retaliate neither harass prisoners for utilizing the grievance process to complain about wrongs being committed.
However, when myself and others attempt to or actually exercise our rights to make use of the grievance process prison officials join together to deter, harass, and retaliate against prisoners using a combination of ways that also include #1. refusal to acknowledge/investigate, or respond to submitted grievances. #2. Make false claims that they never received complaints. #3. They also hinder, obstruct justice, lose supporting documents/evidences. #4 Prevent prisoners from filing or being heard on appeal. #5. Illegally destroy, intercept incoming/outgoing legal mail, to prevent filing with the courts. And a slew of other unethical reactions like false misconduct reports adverse/unjustified misclassification etc.
These are but a few of their dirty tricks, and these practices violate conspiracy laws like Title 42 U.S.C 1995(3) & 1986. And are underhanded attempts to assail our efforts to be heard, and to exhaust our internal administrative remedies, which we believe is in an attempt to circumvent the judicial process as 42 U.S.C – 1997e states no action shall be brought with respect to prison conditions under section 1983 of the same title, until such internal administrative remedies are exhausted. Prison officials are deliberately ignoring prisoner complaints, in an attempt to lie/allege failure to exhaust as one of their affirmative defenses a practice that should never be tolerated!
Prisoners obligation to exhaust under the prison litigation reform act or other provisions, only applies, as long as some remedy remains available or a prisoner has been reliably informed that administrative remedies are not available (Brown v. Valoff 422, F.3d 935 (9th Cir 2005). The supreme court requires prisoners to exhaust administrative remedies only to the extent that a remedy remains available, before petitioning for judicial intervention/review. However, this process has become unfair and difficult as prison employees are violating the grievance process and tampering with legal documents/evidence.
Prison employees need to be informed and made to understand the reality of law, that grievances filed through the official grievance procedure, are constitutionally protected. And prison employees deliberate interference with the procedure and retaliations thereafter could/will result in civil and prosecutorial penalties. In conclusion, these problems permeate through to the whole prison population and adversely affect the vast majority. Some prisoners even decline to utilize the grievance process for fear of reprisals, many have been witnesses to these problems going on unchecked and see their fellow prisoners to continue to experience these aforementioned misconducts that are going on with impunity, this creating a whole other set of problems that affects prisoners mental and physical wellbeing. And an internal investigation should ensue.
We persist amidst the onslaught of reprisals so the truth can be told, and to seek justice/correction for all the violations occurring here at your facility.
Thank you for your time and attention. Please acknowledge and respond.
State of (fill in name)
County of (fill in name)
In the (insert name of superior court or judicial district court)
Case # (initially leave blank, court will assign a #)
(Your name here) Petitioner
(Their name here) Respondents
Petition for a protective/injunctive relief order
Comes now petitioner, respectfully petitioning this court for a protective injunctive relief order, to protect petitioner, his or her rights, personal properties like legal documents and evidences against destruction, harassments or other misconducts by respondents while petitioner seeks to rectify grievances via the grievance process, and then judicially.
Because abuse of authority and internal corruption exists and violations of and conspiracy to violate petitioners First Amendment rights petitioner requires a protective injunctive relief order.
Respondents are infamous for issuing threats to unlawfully segregate prisoners without due process on trumped up charges, or famous for utilizing their authority position to intimidate prisoners for using the grievance process or for pursuing judicial intervention.
Respondents prison officials have already implied their intention to issue reprisals [be sure you include relevant information surrounding your situation to help justify the courts needing to grant your petition. You can even express your not being secure in your persons and effects.]
It would be useful if you did a little bit of legal reading to help you orient yourself. It is not complicated give yourself a chance you might be surprised besides you are going to have to insert your own states statutes or refer to certain court rules if need be. But it sure beats just letting them win and simply do whatever to us, the struggle is real.
Keep in mind this is only an example make adjustments as you see fit.
You can also petition the court for an injunctive relief order in a similar manner, under their duty to investigate and respond to grievance complaints, attach the grievance policy as an exhibit indicate the petition is required to protect and prevent serious harm or other risks that prison personnel are recklessly disregarding.
Afterward you ask for a specific relief like for an order ordering prison officials to begin responding to grievances etc,by
Wherefore petitioner respectfully asks this court to
#1 order respondents to
All prisons have notaries: be sure to get a notary seal or declare under penalty of perjury that the facts contained in the complaint/petition are true and correct
We Demand Our Grievances are Addressed in Arizona