Oct. 7, 2016

Denial of Work Approval / Retaliation

by Timothy J. Muise (author's profile)

Transcription

Timothy J. Muise, #W66927
MCI Norfolk
PO Box 43
Norfolk, MA
02056-0043

April 21, 2016

Thomas A. Turco, III PRIVILEGED MAIL
Commissioner of Correction
Department of Correction
50 Maple St., Suite 3
Milford, MA 01757

RE: DENIAL OF WORK APPROVAL/RETALIATION

Dear Commissioner Turco,

I was recently denied clearance for work assignment here at MCI Norfolk. This denial is clearly in retaliation for me exercising my constitutional right to complain about conditions of confinement. I am one (1) year from my release date and this denial will negatively impact my opportunities for successful re-entry; I offer that this is by design and also in retaliation.

MCI Norfolk Superintendent Sean Medeiros emailed my sister, Sandra Muise, the following statement;

"Mr. Muise is pending disciplinary action. We are waiting resolution of the Disciplinary Process. Inmates with discipline must show 6 months of disciplinary free behavior before they can apply for a paying job.:

This is a manipulation of the policy (in fact is is blatantly inaccurate)and is indicative of the retaliation I am being subjected to. The policy (103 DOC 450 "Work Assignment") actually reads, under "Job Termination", the following:

"Any inmate removed from population for a disciplinary infraction resulting in a GUILTY FINDING (emphasis added) shall be restricted from being rehired or applying for any job requiring PESC for a period of 6 months from the date of the incident."

First and foremost I have not been found "guilty" of anything, but equally important is the fact that I was subjected to a fully fabricated disciplinary report, fabricated out of a whole cloth, by MCI Shirley IPS Guard Thomas W. Perry. As my attorney stated to your office what I am falsely accused of is "highly improbable and almost certainly impossible", and the actions of IPS guard Perry should be deplorable to public safety officials. I was a target due to my conditions of confinement complaints and guard Perry's

Thomas A. Turco, III Timothy J. Muise
08/21/16
Page 2.

actions will ultimately prove very costly to your department if the situation is not rectified, with me being returned to full status, and all charges being dropped.

This ongoing retaliation, in the form of work assignment denial, will not be tolerated. I need to save money for my ultimate sentence expiration next year.

Thank you for your time and anticipated intervention in this serious matter. I hope to hear back from your office directly in timely manner.

Respectfully Submitted,

Timothy J. Muise

CC: file
Attorney Reinstein

Timothy J. Muise, #W66927
MCI Norfolk
PO Box 43
Norfolk
02056-0043

April 25, 2016
General Counsel LEGAL MAIL
Department of Correction
Legal Division
70 Franklin Street
Suite 600
Boston, MA 02110-1327

Re: RETALIATION / FALSE ACCUSATIONS

Dear Counsel White:

On Tuesday, August 23, 2016, I met with members of the Council of State Government Justice Center, Inc., here at MCI Norfolk. At this meeting I made constitutionally protected complaints about conditions of confinement in my capacity as a prisoner rights activist and United States citizen.

The very next day, Wednesday, August 24, 2016, I was called to the "Ad Gate" Building at MCI Norfolk where IPS Investigators Mahoney and Wiffen were waiting for me. Officer Mahoney, who was professional and polite, showed me a copy of a post card that had been sent to the institution, addressed to the maintenance worker, which directed this worker to review material featured on my activism blog: betweenthebars.org/blogs/101. I was questioned by Officer Mahoney if I was responsible for this post card being sent in, which I vehemently denied, and then asked if I had someone "carry it out of the institution to mail" or if "I had someone else mail it for me." I again vehemently denied these false accusations and informed Mahoney & Wiffen that I would be contacting my attorney, which I did immediately after. I am represented by the following attorney:

John Reinstein
Attorney at Law
51 Abbottsford Road
Brookline, MA 02446
jcreinstein@gmail.com
(617) 515-7986

It is my educated opinion that the August 24, 2016, interview wit the IPS investigators was in direct retaliation for the meeting I had with the Council on State Government on August 23, 2016. I have been subjected to an ongoing pattern of retaliation by the Department of Correction, with not the least powerful example of being that MCI Shirley IPS Guard Thomas W. Perry fabricating a d-report which resulted in my being transferred to MCI

Nancy A. White Timothy J. Muise
08/25/16
Page 2.

Norfolk, being stripped of hard-earned privileges, and which will ultimately result in the department incurring vast litigation and punitive costs.

As such I must put your office on notice that myself and my legal team will be addressing this ongoing pattern of retaliation in the most aggressive manner. I am,

In Struggle,

Timothy J. Muise

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Replies (5) Replies feed

TriciaMartel Posted 7 years, 6 months ago. ✓ Mailed 7 years, 6 months ago   Favorite
Dear Timothy,
I truly hope that you are able to be heard and that your legal council are able to rectify your situation.
Good luck to you.



Tricia

BostonRocks Posted 7 years, 6 months ago. ✓ Mailed 7 years, 6 months ago   Favorite
Thanks for writing! I finished the transcription for your post.

Timothy J. Muise Posted 7 years, 5 months ago.   Favorite
(scanned reply – view as blog post)

Timothy J. Muise Posted 7 years, 5 months ago.   Favorite
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Timothy J. Muise Posted 7 years, 5 months ago.   Favorite
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