CRAIG WILLIAMS, Appellant v. SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS;
DORINA VARNER, Chief Grievance Coordinator; TINA FRIDAY, Records Officer, in her individual and official capacity; JEFFREY R. ROGERS, Manager, in his individual and official capacity; TRACY SHAWLEY, Grievance Coordinator, in her individual and official capacity; LOUIS FOLINO, in his individual and official capacity; SHAWN T. WALKER, Appellant v. MICHAEL A. FARNAN; SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS; SUPERINTENDENT GRATERFORD SCI; CINDY G. WATSON, and others to be named later
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
848 F.3d 549; 2017 U.S. App. LEXIS 2327
No. 14-1469, No. 15-1390
April 18, 2016, Argued
February 9, 2017, Opinion Filed
4. The Scientific Consensus
The robust body of scientific research on the effects of solitary confinement, combined with the Supreme Court's analysis in Wilkinson and ours in Shoats, further informs our inquiry into Plaintiffs' claim that they had a liberty interest in avoiding the extreme conditions of solitary confinement on death row. This research contextualizes and confirms the holdings in Wilkinson and Shoats: It is now clear that the deprivations of protracted solitary confinement so exceed the typical deprivations of imprisonment as to be the kind of "atypical, significant deprivation . . . which [can] create a liberty interest."102
A comprehensive meta-analysis of the existing literature on solitary confinement within and beyond the criminal justice setting found that "[t]he empirical record compels an unmistakable conclusion: this experience is psychologically painful, can be traumatic and harmful, and puts many of those who have been subjected to it at risk of long-term . . . damage."103 Specifically, based on an examination of a representative sample of sensory deprivation studies, the researchers found that virtually everyone exposed to such conditions is affected in some way.104 They further explained that {"[t]here is not a single study of solitary confinement wherein non-voluntary confinement that lasted for longer than 10 days failed to result in negative psychological effects."105 And as another researcher elaborated, "all [individuals subjected to solitary confinement] will . . . experience a degree of stupor, difficulties with thinking and concentration, obsessional thinking, agitation, irritability, and difficulty tolerating external stimuli." 106
Anxiety and panic are common side effects.107 Depression, post-traumatic stress disorder, psychosis, hallucinations, paranoia, claustrophobia, and suicidal ideation} are also frequent results.108 Additional studies included in the aforementioned meta-analysis further "underscored the importance of social contact for the creation and maintenance of 'self.'"109 In other words, in the absence of interaction with others, an individual's very identity is at risk of disintegration.
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PROJECT SOLITARY CONFINEMENT
Most of you out there will never experience this hell called solitary confinement. So you'll never understand the tormented mind. You will never comprehend the daily struggles that an individual goes through. Where at times your struggling to get through not a day, not an hour but just another minute. You can read about this until your blue in the face. I can describe it into great details, but you still would not grasp the daily psychological hell that we endure. Here your forced to exist with people that you have nothing in common with, other than a death sentence and surviving another day in this cage. You may be around an individual who talks to himself for hours on end. Or several inmates who argue all day long, talking about their religious dogma and ideology or their political views. And you can't escape the madness!! Your forced to listen to some mentally twisted serial killer who will never go to recreation because he's a coward, sit behind these bars and speak to you and others in a disrespectful manner. You maybe on a wing with someone who will take a crap and not flush the toilet, and doing it intentionally to get under another inmates skin. You've got no idea what we have to cope with inside this hell hole, that is solitary confinement. On top of having to deal with some of the sickest and twisted minds, that are being twisted even further in these cages, you've got to deal with staff, some of whom, are more screwed up than the men in these cages. They are like little kids who sees a dog behind a fence, and they poke him with a stick to try to set him off. Or some kid who teases the monkey with peanuts, until the monkey slings his feces on them. But when you work 12 to 16 hour shifts day in and day out, in a place that has no humanity, you become numb to human suffering. Your mercy and levels of compassion for any and all life form, starts to slip away. Yes they become vindictive, evil monster's who thrives on the human suffering that they witness in these cages. I've seen them abuse mentally ill inmates, placing them in a cage with nothing! And watching, yes witnessing that individual struggle with the cold temperatures that are in excess of 40 degrees, and even open the windows to cause further misery! I've seen them beat inmates, and the joy that was in their eyes as they threw punch after punch, kick after kick causing harm to another man! I've seen tobacco spit into the food they've served us! I've seen them vindictively destroy family photographs and other property to try to get a reaction out of us. Yes they try to instill fear into you. Try to push you over the edge! Treating you in a manner for which most people wouldn't treat their dog. This is a living freaking nightmare!!! And its all about day to day, hour to hour, minute to minute survival in this sick twisted world of solitary confinement! This is hell!! No TV, no radio, tablet or any other thing will ensue your sanity!! The human mind is not designed for these cages! Yes we grasp.... at any and everything trying to distract ourselves from the daily horror that we exist in!! But we are human, even if you don't recognize us as human. Yes you are scarring minds, wounding souls with this inhumane project called solitary confinement. May God have mercy, because its lacking in this place.
Ronald Wayne Clark Jr.
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STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
INMATE REQUEST
(Instructions on Back)
Mail Number: {04-10-123}
Team Number:
Institution:
TO: (Check One)
[X] Warden
[ ] Asst. Warden
[ ] Classification
[ ] Security
[ ] Medical
[ ] Mental Health
[ ] Dental
[ ] Other
FROM:
Inmate Name - Ronald W. Clark Jr
DC Number - 812974
Quarters - P-4111
Job Assignment - /
Date - {4-5-10}
[the original heading for this field, REQUEST is crossed out in pen]
INFORMAL GRIEVANCE
I'm grieving the fact that I'm not given weekly recreation as required by law. The recreation staff is trying to apply a chapter 33-Fac Disciplinary Confinement Rule that was written for population inmates, not guys on death row who are continuously confined year in and year out for decades. Deprivation of recreation is a constitutional violation. We need the sunlight for vitamins and to help with the depression of being confined to a 9x7... 63 square foot cage for decades. So please return the weekly recreation.
Thank you.
Ronald W Clark Jr
All requests will be handled in one of the following ways: 1) Written Information or 2) Personal Interview. All informal grievances will be responded to in writing.
---------------- DO NOT WRITE BELOW THIS LINE ---------------
DATE RECEIVED: RECEIVED APR 05 2010
RESPONSE
Referred to Lt. Sells for response. Copy response to grievance office. 4-5-10
Your request for weekly recreation has been addressed with our recreational staff as well as chapter 33-602.220 (5) (P). Your informal {grievance is approved}.
[The following pertains to informal grievances only:
Based on the above information, your grievance is {Approved}. (Returned, Denied, or Approved). If your informal grievance is denied, you have the right to submit a formal grievance in accordance with Chapter 33-103.006, F.A.C.]
Official (Signature): [redacted]
Date: {4-7-10}
Distribution:
White - Returned to Inmate
Canary - Returned to Inmate
Pink - Retained by official responding, or if the response is to an informal grievance then forward to be placed in inmate's file.
DC6-236 (Revised 8/07)
Incorporated by Reference in Rule 33-103.019, F.A.C.
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RONALD CLARK 812974 213 P6101S ID:993001618 [P 1/1]
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From: [redacted]
To: [redacted]
Date: [redacted]
Location: [redacted]
Housing: P6101S
"Recreation"
By Ronald W. Clark Jr.
Here in P-dorm death row housing, we are guaranteed six hours of recreation a week under 33-601.830 section (7), (j) which reads, "Exercise - An exercise schedule shall be implemented to ensure a minimum of six hours per week of Housing." The word's shall ensure is to guarantee. Well last week November 9 through 13, wings 5 and 6 only received one, 2 and a half hour recreation. So much for the rules and regulations that are put in place to protect us from these detrimental effects of solitary confinement. Again these six hours are ensured. Now the administration had all day Friday to get us out. Yet instead of worrying about our mental health and well-being, and getting us out to rec, they pulled one of the rec officers to supervise an inmate, painting the cells. That shows you the sick twisted priority of this administration, who's putting a paint job above the inmates' mental health. And for the past six, eight months, I've given the administration rec officers a break, I haven't been filing grievances when they beat us out of 5, 10 minutes worth of recreation each time. Which comes to about 20 minutes a week. On top of that they've been beating guys out of recreation by saying they left a piece of paper out or even a tiny little salt pack.
Well you've heard the old adage, give an inch and they'll take a mile. Well that's exactly what's happened here. I let up, and they took, and took, and took some more. And when they beat us out of that 20 minutes on Monday November 16, well it deprived a couple of inmates from being able to use the kiosks, and getting their emails. So not only did they deprive us of any out of cell time for over a week, but they had us cut off from family and friends. Well not only have I filed grievances on all of this, but I also wrote to several Senators and House Representatives to bring attention to this, in an attempt to stop this from continuing down the course that it's taken. I expect the retaliation smart mouth disrespectful comments etc. etc. But the way I see it, is something needed to be done. I know they hate me. It's no secret. They told other inmates last year, "I hope he dies on the operating table." If they were in this cage, they would have a better understanding of this cage, the psychological effects, and the need for that six hours of recreation. But I don't expect them to understand, since they clearly lack any and all compassion towards us. Welcome to our hellish experience of solitary confinement. We need your help in pushing legislative changes, and bringing attention to what's taking place here with our recreation. Our DC6-229s will verify that this one recreation a week has happened several times this year. And I heard 4 wing was completely denied rec on the week of July 4th. Staff has 4 and 5 days to achieve the expectations of 33-601.830(7),(j). If they can't complete this mandatory task in five days, then they should be in here on Saturday and Sunday to ensure their job is accomplished. For this a guarantee under the "shall ensure" Clause. Feel free to send this essay to your local legislature and or Secretary Mark Inch. Please take care and continue to fight the good fight.
Sincerely Ronald W. Clark Jr #812974
November 17, 2020
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STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
INMATE REQUEST
Mail Number:
Team Number: #6
Institution: Union
TO: (Check One)
[ ] Warden
[ ] Asst. Warden
[ ] Classification
[ ] Security
[ ] Medical
[ ] Mental Health
[ ] Dental
[X] Other - State Institutional Fire Marshal
FROM:
Inmate Name - Ronald W. Clark Jr
DC Number - 812974
Quarters - P-6109
Job Assignment - /
Date - 9-13-19
REQUEST - Check here if this is an informal grievance [X]
The issue for which I'm grieving is the vents not being cleaned, and there's at least two inches of dust debris and buildup in the back of these big exhaust vents. This is a potential fire hazard that's putting us inmates and staff at great risk. You can not only see the build up in the bottom of the vents, but dust build up on the sides. All it will take is a single spark to ignite that dust debris and buildup, wherefore, I'm calling for an inspection of these vents, and upon your findings, a recommendation that these vents are cleaned each month to ensure this fire hazard is no longer in place. Thank you for your time and help in this matter.
All requests will be handled in one of the following ways: 1) Written Information or 2) Personal Interview. All informal grievances will be responded to in writing.
Inmate (Signature): Ronald W. Clark Jr.
DC#: 812974
---------------- DO NOT WRITE BELOW THIS LINE ---------------
DATE RECEIVED: 9-17-19
Maintenance
213-1909-0139
RESPONSE
A Work Order has been entered.
[written in pen by Ronald Clark, diagonal to the lines in the blank space of this field]
{This Approval is evidence that they've known about this problem.}
[The following pertains to informal grievances only:
Based on the above information, your grievance is {Approved}. (Returned, Denied, or {Approved}). If your informal grievance is denied, you have the right to submit a formal grievance in accordance with Chapter 33-103.006, F.A.C.]
Official (Print Name): [redacted]
Official (Signature): [redacted]
Date: 9-25-19
Original: Inmate (plus one copy)
CC: Retained by official responding or if the response is to an informal grievance then forward to be placed in inmate's file
This form is also used to file important grievances in accordance with Rule 33-103.005, Florida Administrative Code.
Informal Grievances and Inmate Requests will be responded to within 15 days, following receipt by staff.
You may obtain further administrative review of your complaint by obtaining form DCI-303, Request for Administrative Remedy or Appeal, completing the form as required by Rule 33-103.006, F.A.C., attaching a copy of your informal grievance and response, and forwarding your complaint to the warden or assistant warden no later than 15 days after the grievance is responded to. If the 15th day falls on a weekend or holiday, the due date shall be the next regular work day.
DC6-236 (Effective 11/18)
Incorporated by Reference in Rule 33-103.005, F.A.C.
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STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
INMATE REQUEST
Mail Number:
Team Number: 6
Institution: Union
TO: (Check One)
[X] Warden
[ ] Asst. Warden
[ ] Classification
[ ] Security
[ ] Medical
[ ] Mental Health
[ ] Dental
[ ] Other
FROM:
Inmate Name - Ronald W. Clark Jr
DC Number - 812974
Quarters - P-6109
Job Assignment - /
Date - 9-14-19
REQUEST - Check here if this is an informal grievance [X]
The issue for which I'm grieving is the plumbing here in P-Dorm, and the fact that these toilets need to be equipped with backup valves. For when the pipes get clogged upstairs, the feces, urine, vomit, blood, and other biohazardous body waste comes up into our toilets down here on the first floor and overflows into our cells, getting into the foot lockers, and on property. This has been an ongoing problem since this building was opened in late 1992. There's some type of flaw in the plumbing system, and the only way to correct it is redo the plumbing or install backup valves in these toilets. And due to the biohazardous nature of this, it's unequivocally a serious health and safety issue that needs to be priority. Thank you.
All requests will be handled in one of the following ways: 1) Written Information or 2) Personal Interview. All informal grievances will be responded to in writing.
Inmate (Signature): Ronald W. Clark Jr.
DC#: 812974
---------------- DO NOT WRITE BELOW THIS LINE ---------------
DATE RECEIVED: 9-17-19
Maintenance
213-1909-0137
RESPONSE
A Work Order has been entered.
[written in pen by Ronald Clark, diagonal to the lines in the blank space of this field]
{This Approval is evidence that they've known about this serious biohazardous issue}
[The following pertains to informal grievances only:
Based on the above information, your grievance is {Approved}. (Returned, Denied, or {Approved}). If your informal grievance is denied, you have the right to submit a formal grievance in accordance with Chapter 33-103.006, F.A.C.]
Official (Print Name): [redacted]
Official (Signature): [redacted]
Date: 9-17-19
Original: Inmate (plus one copy)
CC: Retained by official responding or if the response is to an informal grievance then forward to be placed in inmate's file
This form is also used to file important grievances in accordance with Rule 33-103.005, Florida Administrative Code.
Informal Grievances and Inmate Requests will be responded to within 15 days, following receipt by staff.
You may obtain further administrative review of your complaint by obtaining form DCI-303, Request for Administrative Remedy or Appeal, completing the form as required by Rule 33-103.006, F.A.C., attaching a copy of your informal grievance and response, and forwarding your complaint to the warden or assistant warden no later than 15 days after the grievance is responded to. If the 15th day falls on a weekend or holiday, the due date shall be the next regular work day.
DC6-236 (Effective 11/18)
Incorporated by Reference in Rule 33-103.005, F.A.C.
===
STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
INMATE REQUEST
Mail Number:
Team Number: #6
Institution: Union
TO: (Check One)
[ ] Warden
[ ] Asst. Warden
[ ] Classification
[ ] Security
[ ] Medical
[ ] Mental Health
[ ] Dental
[X] Other - Institutional Fire Marshal
FROM:
Inmate Name - Ronald W. Clark Jr
DC Number - 812974
Quarters - P-6109
Job Assignment - /
Date - 9-14-19
REQUEST - Check here if this is an informal grievance [X]
The issue for which I'm grieving is a fire hazard right outside our medical clinic down here on one, south. Upon further inspection, you'll see the light located directly outside the clinic has water leaking from it. You'll notice the rust and stains is evidence that this has been going on for some time. That water has possibly corroded the electrical wiring in that light and developed the growth of mold and mildew within that section of the ceiling, so we have a potential health risk and fire hazard that needs to be thoroughly inspected. Thank you for your time and help.
All requests will be handled in one of the following ways: 1) Written Information or 2) Personal Interview. All informal grievances will be responded to in writing.
Inmate (Signature): Ronald W. Clark Jr.
DC#: 812974
---------------- DO NOT WRITE BELOW THIS LINE ---------------
DATE RECEIVED: 9-17-19
Maintenance
213-1909-0155
RESPONSE
A Work Order has been entered.
[written in pen by Ronald Clark, diagonal to the lines in the blank space of this field]
{This approval is evidence that they've known about this problem.}
[The following pertains to informal grievances only:
Based on the above information, your grievance is {Approved}. (Returned, Denied, or {Approved}). If your informal grievance is denied, you have the right to submit a formal grievance in accordance with Chapter 33-103.006, F.A.C.]
Official (Print Name): [redacted]
Official (Signature): [redacted]
Date: 9-25-19
Original: Inmate (plus one copy)
CC: Retained by official responding or if the response is to an informal grievance then forward to be placed in inmate's file
This form is also used to file important grievances in accordance with Rule 33-103.005, Florida Administrative Code.
Informal Grievances and Inmate Requests will be responded to within 15 days, following receipt by staff.
You may obtain further administrative review of your complaint by obtaining form DCI-303, Request for Administrative Remedy or Appeal, completing the form as required by Rule 33-103.006, F.A.C., attaching a copy of your informal grievance and response, and forwarding your complaint to the warden or assistant warden no later than 15 days after the grievance is responded to. If the 15th day falls on a weekend or holiday, the due date shall be the next regular work day.
DC6-236 (Effective 11/18)
Incorporated by Reference in Rule 33-103.005, F.A.C.
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[Transcription note: Text enclosed in curly braces has been highlighted in yellow. The end of each page is indicated in the transcription by three equal signs (===).]
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