June 27, 2012

Formal Complaint

by Ronald W. Clark, Jr (author's profile)

Transcription

"FORMAL COMPLAINT"

To: Attorney General Pam Bondi, Secretary Ken Tucker, Deputy Secretary Timothy Canon, Regional Director Chris Southerland, Institutional Inspector Rodriguez

From: Ronald Wayne Clark Jr #812974
Union Correctional Institution
7819 N.W. 228th Street P.4414
Raiford, Florida, 32026-4440

[Drawing of personal seal, with the title "The Death Row Poet"]

blog sites: http://thedeathrowpoet.wordpress.com
http://betweenthebars.org/blogs/1581/ronald-w-clark-jr

Date: May 15, 2012

Subject: Reprisal Disciplinary Reports and Violations of 33-208.002 F.A.C. and F.S. 944.09 Which is Resulting in this June 1, 2012 Hunger Strike to Correct these Constitutional Violations.

I, Ronald Wayne Clark Jr., do hereby swear under the penalty of perjury, that the following facts are true and correct and I will submit to a voice stress analysis test to substantiate the facts in this complaint.

Facts: On Sunday, April 29, 2012, at approx. 9:10 PM, I was pulled from my cell P-2204 on two North and placed in the holding cell on the Quarter deck by C.O. Carson and Sgt. Chandler. Out in the holding cell, Lt. Oliver when leaving the control room stated, "Clark what are they going to find in your cell?" I stated, "Not a thing, I have too big of a spotlight on my back to have anything in my cell." Lt. Oliver commented on me putting my weight back on, and left. Assigned to two North was C.O. Carson, C.O. Murriell, and Sgt. Chandler. C.O. Murriell, not wanting anything to do with a retaliatory reprisal set up shake down, and Fraudulent Disciplinary Report (DR) that violated 33-208.002 FAC Rules of Conduct, and law 944.09 F.S. remained in the control room the entire time, where he sat and talked with the control room C.O. To replace him, Lt. Oliver and Sgt. Chandler had C.O. Aaron D. Stokes come from his assigned post, up to two North, and not only participate in the shake down, but write the Fraudulent DR #213-120732, which was a clear violation of 33-208.002 (12) & (19) and the governing law 944.09 F.S.

At approx. 9.30 P.M. Sgt. Chandler and C.O. Murriell would go around doing Master Count. C.O. Stokes would leave and go to his assigned post. C.O. Carson remained on P-2-2 Left in the cells. Once Count was conducted, Sgt. Chandler returned down P-2-2 Left, C.O. Murriell would return back to the control room, and his conversation with the control room officer. Several minutes later, C.O. Stokes would return. They finished the shake down, placed me back in the cell. I asked Sgt. Chandler if anything was taken, he said, "No." The video camera will show that no DC6-220 Inmate Impounded Property slip was given, which is required under 33-602.203(9)(9). I therefore had no clue that I received this Fraudulent D.R., until C.O. Calloway served it on me, Thursday morning, May 3, 2012.

Saturday evening, just after 4 P.M., Sgt. Chandler can be seen making his rounds, I stopped him at my cell Front, P-2204, and said, "Thought you didn't find anything?" He stated, "I didn't know that Stokes had found anything until I got downstairs, he had already showed it to the Lt. and the Lt. had already said, write the D.R." We spoke for a few minutes and he went on. On Sunday, May 6, I saw C.O. Carson about it, he said something to the effect of, "You know how it is." On Monday, May 7, 2012, I was moved to Disciplinary Confinement (DC) and placed in cell P-4104. I stopped C.O. Murriell Tuesday night and said, "You stayed in the control that Sunday night, you didn't want to have anything to do with that shakedown and Fraudulent D.R." He said "Nope" and walked off saying "I didn't want nothing to do with it." This is the 4th Fraudulent retaliatory D.R. that I have received in 10 months. I have filed a lawsuit in the United States District Court, Middle District of Florida, Jacksonville Division, Case No. 3:11-CV-1051-J-34TEM on this retaliation. I will not stop blogging about the corruption and abuse that's taking place back here. I think this last DR#213-120732 was influenced by Lt. Bennett Kilgore who also assisted Timothy Slone in setting up DR#213-111515 on Sept. 9, 2011, a Fraudulent D.R. that the video camera doesn't support. On April 3, 2012 Lt. Bennett Kilgore came up to P-2-2 Left, harassing me, stating, "I don't have to say anything, he can make me say anything that he wants me to say." I filed grievances #04-12-294 and #1204-213-055 which was approved on 4/26/12 for an investigation, yet three days later I was set up with this latest DR#213-120732, where C.O. Aaron D. Stokes has clearly introduced contraband tobacco into this institution, to use as evidence in this Fraudulent D.R..which violates the rules and state laws governing him.

33-208.002. Rules of COnduct.

(12) No employee shall falsify reports or records.

(19) No employee shall knowingly submit inaccurate or untruthful information for or on any Department of Corrections record, report or document.

Adopted Oct. 8, 1976; Amended Oct. 11, 1977, Apr. 19, 1979, June 18, 1983; Transferred from 33-4.02; Amended Aug. 15, 1989, Oct. 20, 1990, Mar. 20, 1991, Jan. 30, 1996, Mar. 24, 1997, Apr. 19, 1998; Transferred from 33-4.002; Amended July 17, 2002, Apr. 5, 2004, Apr. 17, 2006, Nov. 6, 2008. Amended March 9, 2010.

AUTHORITY: 944.09 FS. Law Implemented 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.

These officers are knowingly and willingly violating this law. They are retaliating against me in a childish and juvenile manner. I am a man of peaceful protest, which is why on June 1, 2012 I'm going to conduct a hunger strike to bring attention to what is taking place here. I've got to constantly worry about staff, being the liars they are, falsifying D.R.s or other documents, and placing me in a strip cell, as former Lt., current Captain, Swaine did last year. Swaine has the honor and integrity of a NAZI in a Jewish concentration camp, as does most of this administration. Inmates are being assaulted, placed in strip cells, human rights and constitutional rights are being violated. And I'm standing up to say enough is enough. The time for change is here and now. I have a right under Singletary v. Castello, 665.SO2d 1099 (Fla App 4 Dist 1996) to conduct this June 1, 2012 hunger strike, a peaceful protest to bring attention to the retaliation and abuse that is taking place here, on Florida's Death Row. I want the FDOC to respect this right and order this administration against any retaliation.

Thank you very much for your time, and hopefully your help in restoring honor and integrity to an administration that is truly lacking thereof.

Respectfully submitted,
Ronald W. Clark Jr.

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