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

October 13, 2016

LEGAL MAIL
Vanita Gupta
Assistant Attorney General
Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Room 3623
Washington, DC 20530

Re: FORMAL CIVIL RIGHTS COMPLAINT

Dear Honorable Attorney General Gupta,

Please consider this my formal civil rights complaint against the Massachusetts Department of Corrections (DOC) for violations of my civil rights as a disabled American. Please allow me to describe my meritorious complaint.

The Massachusetts DOC has recognized my status as a disabled American. I suffer with morbid obesity (6'2", 405 lbs) and have been afforded some minor "reasonable accommodations" by the the DOC (double mattress, chair in cell, extra large restraints, etc.). As such, the DOC has fully recognized my disability.

Recently, I was transferred to my current facility (MCI Norfolk) from MCI Shirley where I had been housed in a single occupancy cell, which had adequate space to accommodate my disability. Upon arrival here in MCI Norfolk's General Population, I was placed in a double occupancy cell, which is too small for my great size and disability. Being hosued in this cell diminishes my daily quality of life in a myriad of ways.

I submitted a formal "reasonable accommodation" request with the facility asking to be housed in one of the three single occupancy handicap cells which exist in my housing unit (Unit 8-1). It must be noted that these three handicap cells are currently occupied by prisoners with no disability or reasonable accommodation needs. This formal reasonable accommodation request was denied by MCI Norfolk Deputy Superintendent Richard Pizutto.

The double occupancy cell I am currently housed in has approximately 78 square feet of floor space. Massachusetts regulation calls for "... at least 60 square feet of floor space for each occupant..." (Code of Massachusetts Regulations, 105 CMR 451.320 "Cell Size - Existing Facilities"). This cell is woefully inadequate for housing a disabled person such as myself.

It was improper for the facility (Deputy [redacted]) to deny my request for a reasonable accommodation in the form of a single occupancy cell, as such a cell exists within my housing unit. There exists no security concerns with housing me in such a cell, and my disability—fully recognized by the DOC—warrants such cell assignment. The denial of my formal request violates my civil rights as a disabled American to be free from cruel and unusual punishment, and to enjoy the same daily quality of life as a non-disabled prisoner.

As such, I must offer to you that this situation presents the level of merit required for an investigation/intervention by your office. I am a disabled American seeking a reasonable accommodation from a state agency bound by the Americans with Disabilities Act to provide the reasonable accommodation. Attached, you will find a copy of my request, which was denied, as well as a copy of a reasonable accommodation for a chair in my cell, which displays that the facility recognizes my disability. They are marked Exhibit A and Exhibit B.

Thank you for your time and anticipated intervention in this matter. Please let me know if you require any further information from me. I am,

Respectfully yours,
[signature]

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

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