The «Incident Report» that they used
as an excuse to «punish» me for having so-called «child porn» in
my cell (that was really just a picture I received in a letter of a
professional child model wearing no shirt for a perfume ad in Vogue
magazine) got «returned» to the UDC (Unit Disciplinary Committee)
because it was only a «300 level» (not serious) write up, and it
was the first write up I ever got at any level. The UDC originally
referred it to the DHO (Disciplinary Hearing Officer) so he could
impose a more serious sanction than the UDC were allowed to (I ended
up losing four months of phone and commissary «privileges», in
addition to a $75 «fine», which was all the money I had in my
account at the time).
The only real difference is that the
UDC is not allowed to impose a monetary fine. So, I got my $75
returned. But, the UDC (Unit staff) still found me «guilty», and
additionally claimed in their «reasons for findings» that the child
was «nude», which she was not at all (she had pants on, and was
much too young to have breasts to «display»). I truly think «they»
(B.O.P. staff) were hoping that I'd drop my appeals (and lawsuit) if
they let me have the money back. They can't give me back the four
months of not being able to call my family (mom and girlfriend) or
being able to buy coffee or even salt for my food. So they imposed
that as «time served».
Of course I appealed (it's not about
the money or the punishment; it's about them ignoring their own rules
and regulations and creating a false record --- that says I had
«child porn» in my cell --- that can and likely will be used
against me in court some day!). In fact, I filed three separate
issues of appeal: One, that the UDC falsely claimed the child was
nude; Two, that the picture was issued to me in an opened an
inspected letter, so I had no reason to think I was not allowed to
have it; and Three, that the picture does not in fact violate any
rules of policies (or laws, needless to say).
But, the second and third issues were
not accepted on appeal. Only the first issue was processed, and
eventually (nonsensically) denied (of course). The other issues,
which are directly supported by B.O.P. policies, were simply ignored.
Apparently, even the forms I submitted for these issues were just
discarded, and not even officially «rejected» or anything.
So now technically I can't even appeal
these other issues to the Regional Office level because policy says I
can only further appeal issues that are in the original appeal! So
they seem to be trying to block my appeal (in much the same way they
did the first time when I tried to appeal the original DHO decision).
All I can, and will, do is file a complaint to the Regional Office
against the institution for (again) refusing to process my appeals,
and hope the Regional Office eventually forces them to process all
the issues of my appeal the way they did last time. I really don't
care whether they grant or deny my appeals based on the issues I
raised, since I can't be «punished» any more than I already have.
But, I need some sort of response one way or another for the lawsuit
that my attorney is helping me file for violating my (so-called) «due
process» rights --- which, even after they have been watered down by
the courts for prison discipline, are supposed to keep prison staff
from arbitrarily punishing me like this, just because I'm a «sex
offender» («special restrictions can be applied for «sex
offenders», but only at special «SOMP» (Sex Offender Management
Program) institutions, and only after the «offender» is told what
the «special restrictions» are; I was never told about any special
restrictions on me or my mail, before or since this «incident»).
So, the ordeal of my appeals being all
over again (I must «exhaust» all institutional «remedies» and
appeals before I can go to a Federal judge with a lawsuit); such we
call «the workings of justice».
[J.D. July 8, 2016]
