Reply I.D. - Blog4HR
State of Wisconsin Circuit Court Columbia County
Nate A. Lindell,
Petitioner
v.
John Does
Defendants
Case No. 19-J.D.-006
FILED
JUN 5 2019
CIRCUIT COURT COLUMBIA COUNTY WI
To: Clerk, Columbia Co. Cir. Ct. 400 DeWitt St.
Portage, WI 53901
Pursuant to 3968.26, stat., petitioner asks this court to initiate a John-Doe proceeding, directing the D.A. to investigate this matter to determine what crime(s) have been committed & prosecute them; and, if, upon conclusion of said investigation, the D.A. declines any prosecutions, that the D.A. provide this court & petitioner with the investigation's file and explain why prosecution was declined. This court then ought to direct appropriate prosecutions.
Petitioner believes that these crimes have been committed, as Party to a crime, 3939.05(2) stat.
3943.392 Fraudulent data altering
3943.39 Fraudulent writings, sub. (1)
3946.12 Misconduct in public office, subs. (2) & (4)
3943.20 Theft, sub. (b)
The facts that support Lindell's beliefs are as follows:
1) [CENSORED] C.C.I's Corrections Services Manager has a memo posted on the institution's news/notices channel. This memo is dated 22 Feb. 2019, as I recall. In this memo it states that prisoners released from Disciplinary Separation ("Seg.) status must be on "Voluntary Unassigned status for 40 days after release from seg. In Voluntary unassigned status, prisoners are denied prison pay and are denied vocational classes, etc. In her memo, [CENSORED] claims that DAI Policy & Procedure 309.55.01 (as I recall, I lack my T.V. right now, but this memo is still posted) authorizes her to do/say this. However, after reviewing DAI P+P 309.55.1, I saw that it in no way authorizes forcing any prisoners - either those just let out of seg. or others - to be on Voluntary unassigned status.
Wis. Admin. Code 3 DOC 309.55 makes clear, at sub. (4), that only those actually in Seg. or who "Refuse[] any work..." may be denied pay. At sub. (7) it makes clear that those on "1. Involuntarily unassigned" - those willing to work but whom staff decline to employ - must be paid. (The rate of pay isn't relevant, but it's $9/month)
After 20+ years in WI prisons, this is the first time I've seen the Administration try to force prisoners let out of seg. into a voluntary status & thereby deny pay & schooling.
So, I wrote the DOC Secretary objecting of this, doing so on 18 April 2019. I received a response to that letter on 30 April, drafter by a [CENSORED] as I recall - I can only recall this because I attached both my letter & the response letter to an Inmate Complaint (I.C.) that I filed on May 5th & that complaint was never acknowledged nor the letters returned, (I.C. Examiner [CENSORED] & [CENSORED] told me on 31 May 19 that they never received the I.C.) I believe the I.C. & letters were lost on purpose, to conceal an ongoing crime(s).
You see, C.C.I.'s Administration must be & is given funding by the W.O.O.C. to pay those on Involuntary unassigned status, which is the automatic status of all of those released from seg. But the money is not going to the prisoners (these guys have recently been released yet informed me they're not being paid, remain in forced Voluntary Unassigned status: [CENSORED] An exam of pay for others recently released from seg & Souzek's memo will show, I'm sure, others are being denied pay they are due.
So, where's this money going, if not to the prisoners that are due it?
I'm told that months ago a Business office employee was fired for embezzling funds from prisoners. Given all of these circumstances, I believe its happening again, and ICRS staff went so far as to destroy my letters to try & bury the issue, when they are bound by Adm. Code Ch. 3DOC 310. to file my I.C.s & preserve/return my evidence.
Wherefore, I ask & suggest that the investigation start simply - look at Souzek's memo, records of my letters (a copy was sent to Warden Sue Novak), talk to those I mentioned just being released & denied pay, look at 3Doc 309.55, then find out who's pocketing the misdirected funs.
Respectfully,
Nate A. Lindell #303724
C.C.I.
P.O. Box 900
Portage, WI 53901-0900
Dated 2 May 2019
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