Oct. 25, 2013

Defense

by Kneyl L.X. Burnette

Transcription

Inmate's Written Defense and Statements Regarding Disciplinary Report No. #285662.

1.) No plea was entered.

2.) Disciplinary report no. #285662 should not only be dismissed but also expunged from inmate's institutional folder.

3.) Based upon the reporting officers' statements and category of offenses are not only exaggerated... but they are also incomplete.

4.) Although inmate's correspondence to Ms. Kate Fitzgibbons contained unflattering or unwelcomed opinions from the inmate, that in itself does not make it an actual "threat", nor a "threatening language" nor gesture.

5.) Simply making someone fearful by warning of the potential for violence, does not by itself constitute a "threatening language".

6.) Where every inmate has a RIGHT to address specific concerns or grievances to the appropriate officials, a right of redress that emanates from the First and Fourteenth Amendments of the United States Constitution.

Massachusetts Constitution Article XI

Massachusetts General Laws Chapter 124 1(c)(i) and (q) Department of Corrections Inmate Management Number 103 DOC 400.01 (4) in quoti: Staff/Inmate Communications

400.01(4) Retaliation or harassment of any kind against inmates for exercising their rights, filing a grievance, or otherwise lodging a complaint shall not be tolerated and is strictly prohibited. Retaliation or harassment in any formal or informal action that may include, but is not limited to, abuse, violation of civil rights, intimidation, unnecessary discipline, unjustified adverse classification action, unjustified adverse transfer or placement, and unwarranted denial or limitation of access to privileges, programs or services.

Whereas the reporting officers has basically taken a right from me for the redress of my concerns has violated the Mass. Civil Rights Act under General Laws Chapter 12 11(h), 11(i) by violating not only an agency regulation, but inmate Burnette's First and Fourteenth Amendment rights of the United States Constitution which guarantees a right of redress.

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