Sept. 7, 2023

ADA Intimidation Synopsis

by Robert Outman (author's profile)



On Friday 16 June 2023 one day after arriving on "6" yard (see PRIME PRISON PREY essay 18 June 2023) I was housed in ADA cell G3 B 10.

This housing is appropriate due to ADA conditions: 80 years old, problem with full prosthetic hip w/ three replacements, extensive osteoarthritis, reconstructed right elbow, herniated abdomen, cardiovascular disease with three heart attacks, confined to wheelchair (DPW) and necessity of numerous medical accommodations.

At circa 1100 hours guard Ceja came into the cell and advised me to move from my assigned ADA bed to a regular bed across the cell. I advised Ceja I needed the trapeze accommodation due to my disabilities. He stated I didn't have approval for trapeze and he has a prisoner coming in that needs it. I requested to speak with the ADA Sgt.

Sgt. Davis arrived where I explained to him the doctor clearly missed listing trapeze accommodation, but my age and obvious disabilities speak to my need. Davis completely ignored my plea and explanation, stating I had to move to the regular bed and then tell the doctor to correct the record. I again explained I couldn't physically use the regular bed. Davis was as myopic as guard Ceja, stating, "Either you get the doctor to correct the record today or move to the regular bed," handing me a 7362 med. request form, further stating, "If you refuse to move, you'll receive a 115*."

At circa 12:30 PM arriving at medical I was advised to report to Program Office where I met Sgt. Davis again. He walked ahead of me to medical, advising me to wait. He entered the nurse's office. After a period of discussion, he and the nurse came out and went into the doctor's office where a considerable amount of time was spent. While waiting for Davis to finish his discussions, I was joined by ADA Prisoner Liaison David Viens who remained with me through the close of all discussions.

Upon Davis's return, he stated that they couldn't do anything for me, and I should drop the 7362 in the box, move to the regular bed, and maybe the doctor will update my record. He continued to threaten me with a 115 if I didn't move to the regular bed. I again explained that he could hold a gun to my head and threaten me with death, but I still physically cannot use the regular bed. He was giving me an order and punishment for not doing something I can't do. The discussion was closed with Davis saying, "You will receive a 115 if you don't receive a doctor's order for a trapeze on Monday (19 June)."

On Monday 1100 hours 19 June 2023, I was called to the unit nurse's office where she answered my 7362. I explained to her the course of events and the need for a trapeze order. She agreed that I needed a trapeze and will refer me to the doctor for the order. She also said she would talk to custody about the referral and necessity.

On Friday 23 June 2023, I was summoned to medical where the doctor issued and ordered for trapeze. Also on 23 June 2023, I was advised by my M/H clinician that a 115 had been issued against me.

I was bullied, threatened, and put through extreme anxiety for not doing something I physically cannot do. Then given a 115, even with the nurse and the doctor verifying my ADA needs. Had I succumbed to the intimidation and tried to appease the guards, there would have been a good possibility that I could have seriously injured myself.

Sgt. Davis was asked why I was not privy to the lengthy discussions he had with the nurse and the doctor since I am the patient. He replied they were too busy. It should be noted I was with the doctor half of the time for him to correct my medical record for the trapeze.

*Prison discipline and for lifers automatic parole denial.

24 June 2023

Robert H. Outman
Prisoner P-79939

cc: file


Replies (3) Replies feed

FatherJohn Posted 8 months, 2 weeks ago. ✓ Mailed 8 months, 1 week ago   Favorite

This report is disturbing on so many levels. It smacks of persecution, an absence of empathy and compassion, and a total disregard for the dignity of the human person. It makes me sad, really sad, and in a way, simply angry. My heart goes out to you as will my prayers. In a perfect world, what we do comes back around to smack us in the face. But this ain't no perfect world. To stand before the final judge and give an account of "those things you did and did not do," the judge will condemn those who inflict suffering for enjoyment, whim, or whimsy without even a hint of repentance. Each of us is accountable. Your account moves me. Besides a powerless man like myself, I hope someone else reads your words and moves in authoritative action.

In solidarity, John

Robert Outman Posted 7 months, 1 week ago.   Favorite
(scanned reply – view as blog post)

FatherJohn Posted 7 months, 1 week ago. ✓ Mailed 6 months, 3 weeks ago   Favorite
Robert, the Michigan Legislature has moved towards compassionate release. California has done the same, but its process bypasses the parole board so that the existing system does not bog down release with red tape and hoops. What I hope is the governor actually does something. If you read this and are from Michigan, write him to support the 2021 law. If you want to see more from the following sections, let me know.

Except for a prisoner who was convicted of any crime that is punishable by a term of life imprisonment without parole or of a violation of section 520b of the Michigan penal code, 1931 PA 328, MCL 750.520b, the parole board may grant a medical parole for a prisoner determined to be medically frail. A decision to grant a medical parole must be initiated on the recommendation of the bureau of health care services. If the bureau of health care services believes that the prisoner is medically frail, the bureau shall utilize a specialist in the appropriate field of medicine, who is not employed by the department, to evaluate the condition of the prisoner and to report on that condition to the bureau. The parole board, in consultation with the bureau of health care services, shall determine whether the prisoner is medically frail. If the parole board determines that a prisoner is medically frail and is going to be considered for parole under this subsection, the parole board shall provide the notice and medical records required under section 34(18). Unless the prosecutor of the county from which the prisoner was committed files a motion under section 34(19), the parole board may grant parole to a prisoner who is determined to be medically frail. If a motion is filed under section 34(19) and the court finds that the prisoner is eligible for parole as a result of being medically frail, and if no additional appeals are pending, the parole board may grant parole to the prisoner under this subsection.

"Medically frail" describes an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer's, or a similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.

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