Reply ID: VJQM

Thoughts From The Heart
By Josephine Smith
2012-July-30

THE STATE OF OHIO PRISONER GRIEVANCE PROCEDURE - A DIFFICULT MAZE:
Part 2 of 3

Prohibition of such, not surprisingly have been interpreted by some courts broadly, and others narrowly. Narrow interpretation tending not to require physical injury: Nunn-us-Michigan Dept of Corrections, no 96-CU- 71486, E D. Mich Exhaustion and Physical Injury Requirement does not preclude 8th amendment damages claim because emotional distress damages resulted from rape and sexual assault. Also in Dorn-us-Detella, no 96 C 3830, w L 85145 N D. Ill, the court refuse to dismiss claim by male prisoner, that female guards violated his 8th amendmet claims by stripping him for their own amusement noting that the PLRA Physical Injury requirement presented a sunstantial constitutional problem, I could violate Equal Protectons Claims) whereas broad interpreting, tending to require Physical Injury, in Zehner-us Trigg, U S Dist, 369 S D Ind, 8th Amendment claim base on exposure to asbestos held physical injur means; disease or othe adverse physical effects. This court also held that the provision also applies to former prisoners, and the provision does not, and did not violate right of access by prisoners right of access to courts. In the state of Ohio, House Bill 455 which became effective on October 17, 1996, imposed similar burdens on immate litlgents in Ohio courts. Its provisions apply to inmates who file civil actions against the state, a political subdivision, or an employee of the state. An inmate who flies a case covered by House Bill 455 must also file two documents to show that he or she has used the grievance system to resolve the problem before filing the lawsuit.

1 An affidavit stating that a grievance was filed and the date on which a decision was received.

2 a copy of any writen decision regarding the grievance, and must exhaust all appeals available in the grievance system). The state of Ohio Dept of Corrections, under House Bill 455, has adopted rules to punish inmates who file a case of appeal that is dismissed as frivolus pursuant O R C 2969.24 or 28 USC 1915 D, thus inmates who, federal or state claims are dismissed as frivolus will be subjected to the following Dept ot Corrections sanctions: 1 extra work duty without compensation,loss of commissary privilages, loss of televsion and radio privilages and recreational activity. It should also be noted that any inmate in the great (sc) state of Ohio, who file a civil case against the state must file an affidavit that contains a description of each civil action or appeal of an civil action that the inmate has filed in the previous five (5) years in nay state or federal court. These so called laws, are really skillful methods to discourage prisoners from filing grievances, federal 42 USC 1983 complaints, as well as law suits in state cuourts against state officals who perform, or rather violates prisoners rights, both civil and humn, with impunity on an daily basis. Now the writer will discuss secondly, the reality of the state of Ohio prisoners grievance system. A difficult maze to maneuver through. 5120-9-31 (H) of the Ohio adminstrative code in pertuants parts: "Retaliation or the threat of retaliation for