Reply ID: Blog 4HR

Re: My Petition to Indict Wisconsin Prison Staff for Their Systemic Abuse of Prisoners in Solitary Confinement

Created 11 May 2014

by Nate A. Lindell

The affected legal documents will be useful for anyone seeking the criminal prosecution of anyone in Wisconsin Courts, particularly bureaucrats. They also ought to reveal the impetus for my transfer out of WI's prison system and into the B.O.P's custody.

Basically, in a country thick with prisons, I sought the indictment of the entire administration at one prison, because -from the top down - they permitted staff to brutalize prisoners in their seg. unit. The County judge denied my petition, but the appellate court directed the county judge to refer it to the D.A. for investigation and possible prosecution. So far I've not heard from the D.A., what his investigation may have consisted of (he had 30 days from the date of 25 Feb. 2014 to inform the court and me of his decision, which I can appeal) and if he's gonna prosecute.

My suspicion is that they think, "out of WI, out of mind," which would mean they don't know me very well. I'm riding this case like a stolen donkey. =)

Anyway, here's what's attached:

Appendix 1: -- 5 page "Petition for John Doe Proceedings..."
Appendix 2 -- 2 August 2013 Decision of Judge Steven Bauer one page.
Appendix 3 -- 4 page "Motion for Reconsideration" of [arrow pointing to above Appendix 2's title, "Decision of Judge Steven Bauer"].
Appendix 4 -- 1 page "Motion to Substitute Judge".
Appendix 5 -- 1 page Decision of Judge Bauer, dated 27 August 2013, denying above motions.
Appendix 6 -- 1 page Decision of Judge Bauer, dated 17 September 2013.
Appendix 7 -- 1 page Memorandum Decision and Order of of Judge Joseph Sciascia, dated 28 October 2013.
Appendix 8 -- 10 page "Petition for Supervisory Writ" to the WI Court of Appeals, by me.
Appendix 9 -- 5 page response to [arrow pointing to above Appendix 8 titled, "Petition for Supervisory Writ"] by A.A.G. David C. Rice.
Appendix 10 -- 2 page rebuttal to [arrow pointing to A.A.G. David C. Rice], with 2 page Declaration, by me.
Appendix 11 -- 4 page Opinion of WI Court of Appeals, dated 14 February 2014.
Appendix 12 -- 1 page Order of Judge Siascia.

As I said in an accompanying post, it's easy for me to make accusations of abuse without backing them up. That's why I do my best to provide specific facts, sources anyone can dig up for themselves through WI's Open Records laws. I hope some journalists will take me up on this offer.

Again, so far the D.A. has not provided me with his report and decision on whether or not he's gonna prosecute any of the staff involved. If the D.A. declines to prosecute, then the judge must hold a hearing and decide if that decision was appropriate. So, the case is far from over. I might have to file another petition with the Court of Appeals just to make the D.A. issue his report and decision, which I will post here. =)

Please let solitarywatch.com and such now about this Thank you.

W/ love and respect,

Nate

----

State of Wisconsin
Circuit Court
Dodge County

State of Wisconsin ex rel. Nate A. Lindell

Petitioner

v.
Case No.

John Does,

Respondents

Petition for John Doe Proceedings, Pursuant to Wis. Stats. [?]968.26

To: Clerk, Dodge County Circuit Court
210 W. Center St.
Juneau, WI 53039

The forenoted petitioner, "Lindell," proceeding pro se hereby petitions this court pursuant to Wis. Stats. [?]968.26 to initiate a John Doe proceeding , directing the District Attorney ("D.A.") to investigate it, and, upon the conclusion of said investigation, if the D.A. declines to prosecute appropriate charges (identified below), review the D.A.'s file on the matter, conduct an appropriate evidentiary hearing, where this court reviews the D.A.'s file and considers appropriate evidence, then directs justified prosecution(s).

In support of this petition, petitioner represents as follows:

1. Based upon former Waupun Correctional Institution ("W.C.I.") prisoner Christopher J. Hamlin's statements to Lindell, Lindell is aware that Correctional Officer ("C.O.") II Moungey, on 1 January 2013, falsely wrote on a log sheet that Mr. Hamlin referred to W.C.I. Lt. Larson as a "bitch" and profanely demanded clothing, which caused Lt. Larson to prolong his denial of clothing for Hamlin and prolonged Hamlin's retention on "control status" (meaning Hamlin has no bedding nor clothing, in a very cold cell) for two more hours than would have been the case. Lindell drafted a 42 U.S.C. [?]1983 suit about that for Mr. Hamlin, which was filed i the W.D. Wis. Courthouse, given the file no. 13-cv-202-bbc. Shortly after this suit was filed, C.O. II Moungey commented on it to Lindell.

2. Numerous acts of severe physical and sexual abuse of W.C.I. prisoners in W.C.I.'s segregation complex have occurred between 1 January of 2013 through June 30th 2013, as revealed on http://betweenthebars.org/blogs/540/, post #141, titled "Ongoing Abuse of Prisoners in W.C.I.'s Seg. Complex." W.C.I.'s warden, William Pollard, security director, Anthony Meli, deputy warden Donald Strahota, Seg. Supervisor, Brian Greff, and Seg. Lt., Jessie Schneider, all knew about the ongoing systemic abuse, yet refused to comply with Wis. Admin Code [?] Doc 306.04 Responsibility of employees ("Every employee of the department is responsible for the safe custody of the inmates confined in the institution.") by taking any measures to prevent such abuse from continuing to occur. In some cases, Lt. Schneider and/or Brian Greff directly supervised or engaged in this systemic abuse.

3. Wisconsin Dept. of Corrections ("W.D.O.C.") Work Rules prohibit W.C.I. staff from:
"11. Violating a criminal statue or ordinance, or other regulation having the force and effect of law.
"12. Threatening, attempting, or inflicting bodily harm to another person.
"13. Intimidating, interfering with, harassing (including sexual or racial harassment), demeaning, or using abusive language in dealing with others."

4. The W.C.I. Administration, identified in [?]2 [petitioner's support evidence, numbered, "2."], above, have allowed staff, such as C.O. II Moungey, as detailed in the forenoted blog post, to repeatedly completely disregard the forenoted Work Rules.

5. Lindell is an advocate for the decent, humane treatment of prisoners, particularly mentally ill prisoners. Lindell is also a jail-house lawyer. Both of these characteristics make Lindell unpopular amongst prison staff intent on abusing prisoners.

6. Ever since, about the Ides of March 2013, C.O. II Moungey informed Lindell that he, C.O. II Moungey, knew of Lindell helping Mr. Hamlin sue C.O. II Moungey. C.O. II Moungey has engaged in acts of harassment at every opportunity, such as:
• On 18 June 2013, C.O. II Moungey told a rookie C.O., Mr. Lash, that Lindell had to have money on his account in order to make a phone call, resulting in C.O. Lash refusing to let Lindell make a phone call that was disconnected prematurely. Lindell filed grievance #WCI-2013-12100 about this.
• On 29 June 2013, C.O. II Moungey denied Lindell recreation, walking right past Lindell's cell, while Lindell was standing by his door, as per policy. At the time Lindell was in cell C-216, and the guy in cell C-217 (Mark Allen Walters) watched as this happened. When Moungey again passed Lindell's cell, Lindell asked C.O. II Moungey why Moungey skipped Lindell for rec. and asked to be taken out to rec., to which C.O. II Moungey said, "No." Lindell filed for grievance [#]WCI-2013-13217 about this.
• On 5 July 2013, while Lindell was at rec. C.O. II Moungey tore apart Lindell's cell, taking Lindell's only pen, taking Lindell's W.C.I. request froms, and leaving all of Lindell's legal papers in a messy pile. The prisoner in cell C-218, Mr. Waylon Wayman, who was at rec. and could see C.O. II Moungey going into cells, told Lindell that C.O. II Moungey spent only moments in other prisoners' cells but spent nearly an hour in Lindell's cell. When Lindell asked C.O. II Moungey, later, for a pen, so Lindell could write, C.O. II Moungey looked at Lindell with anger and never brought Lindell a pen. Lindell filed grievance #WCI-2013-1897 or #WCI-2013-13901 about this incident.
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