I appealed punishment imposed because I had the audacity to state with certainty that I intended to eat the food given to me, on a foggy morning. I didn’t cause the fog, nor did I contribute in any way to the panic and paranoia that envelops this prison any time fog develops.

I just stated that I intended to eat my food, and all of it. Where I ate the food was their choice. Whether I ate it was not. Thus I was handcuffed, taken to Special Housing Unit (SHU) for 3 days, and my phone privileges were taken for 30 days. All those punishments have long ago been administered and served, despite my request for a “stay” pending appeal. This appeal challenges the finding of guilt and punishment.

The Warden and Regional artfully dodged the issues. I appealed to National. National rejected my appeal on grounds of timeliness, but offered to consider the appeal if I could get proof that the delay wasn’t my fault. However, the only proof allowable would be a statement on BOP letterhead, saying that I wasn’t at fault. My counselor, and the secretary, both denied knowledge of when I actually received the decision from Regional, and thus when my time started.

I propose in my re-submission document that the evil which gave rise to the whole dispute be eliminated. Who cares whether I am vindicated? The punishment cannot be undone. However, the American Correctional Association says that inmates should be given not less than 20 minutes to eat a meal. If this prison adopts a policy that ensures that inmates are given the right to which they are entitled, I am satisfied with the result of my appeal. To read my request for reconsideration please click here…

UDC Appeal 618725-A1-Food incident-070511

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