I’m just incredibly late, and have no excuse, but I’ve finally finished the blog post explaining what I am doing with respect to Tort Claim litigation against the DOJ-FBOP.  I’ve commenced a litigation project with the purpose of cleaning up the corruption, abuse, and neglect of federal inmates with medical and dental needs.

I’m inviting others to help.  Don’t do it unless you consider it an opportunity.  If it’s a burden, I’m telling you flatly not to do it – I don’t want it.  I have a decent start on a string of lawsuits, and I think I can maintain a respectable stream of new court filings.

I’m trying to get similar strings of litigation going in other federal prisons.  I want a contest with the inmates in other institutions.  There’s nothing like friendly competition, to maximize outcomes.

I appreciate your interest.  Read the blog post…

Seven Federal Tort Claim Act (FTCA) lawsuits have been filed, alleging negligence and statutory violations with respect to dental care in federal prisons.  That total should rise to ten or more by the end of the year.  They have my fingerprints all over them – by design, not accident.  Have you ever watched territorial animals on a nature television show, “marking” their territory?

This is my territory.  I claim it, I’ll defend it, I’ll extend it as far as my resources and opportunities allow.  I will not sit idly by and watch my fellow prisoners suffer, lose teeth, or even die, due to the studied neglect of the US Department of Justice-Federal Bureau of Prisons (DOJ-FBOP).  I will fight to the extent of my abilities and resources to make the solemn representations to the public, and the reality of DOJ-FBOP health care, match up.  I will also do what I can, within reason, to enlarge my resources, to enable me to fight more effectively.

I hide in plain view.  We live in a country that maintains all the apparatus of a police state, but claims it doesn’t use this “against US citizens.”   The “National Security Administration” (NSA) costs taxpayers $85 billion annually.  We don’t have the money, or a plan for repayment, or apparently any concern about repayment ability.  We just blindly borrow and spend money for the tools of a police state, hoping against hope that Leviathan never turns its attention to us.  We argue about whether this expenditure brings ANY net benefit.  A good argument can be made that this prodigal venture results in a net REDUCTION in security.  Few even consider the cost-benefit analysis.  Unless the ultimate goal is a totalitarian police state in the US, we’d be vastly better off if we just burned the $85 billion in an incinerator.

As a federal prisoner, everything I type is typed under the watchful eye of Big Brother.  They don’t make any pretence that my email communications are protected.  Privacy gives me no defense whatsoever – for all practical purposes I have none.  Thus I hide in plain view, partly because I have no other choice.  To the extent that you still have any privacy or 4th Amendment rights, you might want to enjoy them while they still exist.

What kind of treatment is accorded to people locked up by the US DOJ?  The citizens ought to pay some attention to their treatment, because prisoners might well be the canary in the coal mine.  The treatment they get today might well be a harbinger of what the rest of society will get tomorrow, when the true purpose of the apparatus of a police state comes into clear focus.

What am I talking about?  Dental care is conspicuous by its absence.  Care is delayed until the tooth can’t be saved, then it gets shelled out.  “The list” for dental care is at least 6 YEARS long.  Even the most basic care such as fillings, dentures, or partials takes years.  Passive or meek inmates, those without family support or connections, members of despised groups, are virtually denied care.  Sure, they’re always told that they’re on “the list.”  They just never get see “the list,” get an approximate date for care, or actually get appropriate care.  “The list” is in reality nothing more or less than a fraud on the inmates and the American taxpayer.  Yet this prison tells the American Correctional Association (ACA) that routine dental complaints are addressed in about a week, generally speaking.

Just recently an inmate was denied treatment for a broken wrist for over 30 days, despite immediate and full knowledge of the break, and repeated polite request.  When he finally got to treatment, the doctor gave him a puzzled look and asked him when he broke it.  Upon being told, the doctor told him there was nothing he could do to set the bone at that time.  His wrist is wrecked and will need surgery.  This happened despite the fact that he came to me after delay had become apparent, and I tried my best to help him get timely treatment.

He has since left prison, and will pursue litigation with a lawyer of his choice.  He is a very polite, soft spoken, respectful young man with 6 children.  He was a sheetrock hanger, but he’s disabled now, unless and until he can get surgery.  He was in near-perfect physical condition, but it’s hard to maintain that with a disability that virtually prevents effective and balanced upper-body strength training.

Another inmate, “Ivan,” facing cancer, was told that he should “watch the call-outs” for notice to the effect that he would get treatment.  This prison left his name off the call-outs for not one but two appointments at a nearby medical facility.  When he was finally brought to the doctor, she chided him for not showing up.  She explained that he was dealing with a teaching facility, and that he had basically “stood up” a number of medical students who had planned to use his procedure for educational purposes.

Ivan was stunned by the news.  He explained that he always checked the call-outs, and that he depended on the DOJ-FBOP for both information and transportation.  He explained that he knew that his life is on the line, and the DOJ-FBOP’s behavior could prove fatal.   He explained that his name was not on the call-outs at any time.  This prison had simply ignored the appointments, neither cancelling or rescheduling them, nor telling the inmate to show up for transport to the appointment.

Query.  What kind of monsters do such vile things?

The nice, attractive, well dressed, socially acceptable people at the US Department of Justice – that’s who.  The people who hold press conferences to tell you how they’re protecting us from terrorism.  The people who tell you that they have to punish the consumers of child pornography – never mind the fact that the vast majority of child pornography is the product of the US government bribing incompetent people to produce children for whom no intact family exists.  Never mind the fact that they will often spend over $1 million of society’s scarce resources to punish a single individual, who often wasn’t even aware that their conduct was criminal.

US Attorneys and their Assistant US Attorneys really don’t look the part.  They don’t look like monsters.  They probably look a lot like the scribes, Pharisees, and Sadducees of Jesus’ time.  They think they are the “good guys.”  It doesn’t really matter how they treat the “enemies of the people.”  Sure, that term is kind of passé – so they just call them criminals.  They’ve convinced the public that they’re “criminals,” but consider this.  Most federal prisoners are in prison for conduct that 1) was not a crime of any kind for the first 100 years of this nation’s existence, 2) is not specifically prohibited by the commandments of Moses or Jesus, and 3) cannot be criminalized without pervasive transgression of the commandments of Moses and the teachings of Jesus.

Brand them a “criminal” and then it’s OK to put them in a penal system with a farcical medical system, and an educational system that systematically crushes opportunities to learn anything meaningful.   These factors together with incompetence, graft and corruption enable a 70% recidivism rate, which in turn drives a prison population of over 130% of capacity.

Presto!  They’ve created a “black hole” for the mostly Negro, mulatto, and other racial minority population.  The gravitational pull is so strong that most inmates just can’t escape it.  Then cheat them out of medical care, teach bad health habits, teach them that it is better to lie about learning than to actually learn valuable skills, mistreat their children, and finally dump them on an unsuspecting population, thoroughly unprepared for the transition.

Thus they generate bitterness and hatred in former inmates, all the while generating reciprocal bitterness and hatred in the populace, which is forced to pay for the federal crime family’s slush fund.  The architects of this web of animosity then claim that they wear the white hat of the world, and can’t be blamed or held responsible for their own crimes.  Look at all the bad people we locked up!!!  Aren’t you happy with us!!!

I previously posted on 6-3-14 on this subject.  I made it clear that I intended to announce this initiative.  In writing this post, (grievously late, for which I am so very sorry) I assume that the reader is familiar with that post.

I’m launching the assault upon the citadel.  I know they’re the biggest and baddest dogs on the block.  I know they extort banks and other businesses worldwide.  I know they snatch up their political enemies, worldwide, and give them draconian sentences.  Consider the case of Viktor Bout, a Russian man who was at worst a competitor to certain politically well-connected US business interests.  He was sentenced to 25 years in prison.

I know they abuse and assault prisoners – they’ve done it to me.  They have video and photographs of it – which of course they won’t want to release to the public without a court order.

Yes, it’s THAT DOJ-FBOP that I’m trying to teach a lesson.  I am in fact trying to modify their behavior by a litigation and public information campaign.  In fact, this campaign isn’t directed at anyone else – my focus is on actors and conduct clearly within the ambit of the FTCA.  And yes, I do want help.

To understand the economics, consider one of the more expensive medical problems in the prison system, namely hepatitis-C.  There are about 210,000 inmates in federal custody.  News reports say 12-35% of inmates have the disease.  Inmates at this prison have an infection rate just over 5%, in large part because the federal government seeks out a higher class of people to victimize than the states, which need to be somewhat prudent with spending.  The rate at the FCC Forrest City Medium is just over 7%, doubtless at least somewhat related to the demographics.

The cost of Sovaldi, the best drug, which when used in conjunction with other drugs cures the disease about 90% of the time, is $84,000.  The DOJ-FBOP gets a 44% discount – you know they use it when they so choose.  Do the math, you’ll see that the cost of curing 90% of infected inmates is probably somewhere between $1.2 billion to $3.5 billion.

To put this in perspective, the US DOJ-FBOP just extorted some $2 billion from a Swiss bank, and some $9 billion from a French bank.  The DOJ-BOP threatens draconian prison terms, in a prison system where a simple dental filling is for all practical purposes unavailable.  Bankers don’t like prison time, even less so when the prison is run by a harsh and vindictive crime family.  Faced with a loss of stockholder property, and prison time for bank executives, paying off the extortionists is virtually always the choice selected.

The $2 billion stolen from Credit Suisse is almost certainly enough to get rid of 90% of hepatitis-C in federal prison.  Actually it would probably cure more than that, because a case that doesn’t respond to Sovaldi might well be cured by another drug, even though it might have a lower overall cure rate.

I’m not opposed to requiring inmates to do their fair share.  But the de facto policy of the DOJ-FBOP is to stringently reject all help from anyone.  Mostly they are openly hostile to giving inmates the tools to improve their own health.  They won’t let an millionaire inmate receive a pair of eyeglasses from the outside.

They WILL NOT let an incarcerated doctor, dentist, or nurse work in Medical – in any capacity whatsoever.  Inmates are allowed to sweep and mop the floors, and do the most basic and menial tasks – as long as they have no relevant special skills.  An incarcerated doctor, nurse, or dentist is not even allowed to sweep the floor.  The DOJ-FBOP is terrified that an inmate who understands medicine might have access to proof of the criminality in which the DOJ-FBOP engages on a daily basis.  Knowledgeable professionals must not be allowed anywhere near Medical.

Perish the thought that a dentist in prison for tax evasion or possession of disapproved pictures might fill or crown a tooth for a fellow inmate.  Better to shell every tooth out of the mouths of a thousand inmates!

Perhaps some readers will think that inmates should pay the whole cost of treating hepatitis-C, providing dental care, or meeting other needs that don’t constitute a “sudden emergency.”  That’s not the law, but consider this.  The DOJ-FBOP refuses to accept help, whether in cash or in kind.  The DOJ-FBOP prohibits, persecutes, and crushes virtually all attempts to learn or practice productive endeavors.  Their educational services are an utter farce, a fraud on the public.  Their craft and vocational programs are the subject of steady tinkering to make sure that even the most intelligent, dedicated, persistent, and hard working inmates cannot earn any significant money.  Every avenue for constructive learning is obstructed and discouraged.

That’s YOUR public servants, hired by YOUR elected officials, destroying the ability of inmates to pay for their own necessary medical care.  Therefore, until that dynamic changes, the whole cost falls on you – the longsuffering taxpayer.  It is cruel to lock up a human being and refuse them ACCESS to medical and dental care.  The  normal avenues of opportunity, motivation, and just reward for effective efforts are destroyed by those you have employed, those you trust, those for whom you dutifully, some would say mechanically, return “guilty” verdicts.  We have no source of care except to 1) take some of the DOJ-FBOP’s loot, or 2) taxpayer money.

Put that in your pipe and smoke it, while you’re thinking about the pie-in-the-sky promises of the thoroughly misnamed “Affordable Care Act” (ACA).  The ACA totally distorts incentives, in a manner hostile to those who seek the best personal health in the most economical and effective way.  It puts the citizen in the position of worshipping the great god government, in exchange for access to health care of an ever more rigid, bureaucratic, and inefficient health care system.

Have you ever been told that a frog can be boiled to death by turning up the heat a little at a time?  Put it out of your mind – it just isn’t true.  If the frog has a way out, it will hop out before the heat kills it.  If the frog is still in the pot, the water just isn’t hot enough.  Thus my question to you.  Is the water not hot enough yet?  How hot does the water have to get before you go beyond nervous titters, and take concrete action?

I can’t beat them myself.  No matter how fast or efficient I may be, I cannot draft FTCA claims and complaints for the prisoners in 119 federal prisons.  They cycle about 50,000 to 60,000 inmates through the system every year, with the median term of incarceration a little over 3 years.  Using the statistics for hepatitis-C alone, that assumes that at least 6,000 inmates will need legal help annually.  Based on my experience with inmates at this prison, virtually no prisoner with this condition will get appropriate medical care without litigation.

Keep two things in mind.  First, an inmate should list all cognizable complaints on their FTCA claim – don’t do things piecemeal.  Second, it will not be necessary for all affected inmates to sue – sufficient litigation pressure will force the DOJ-FBOP to do its job with respect to federal inmates generally.

I tend to disfavor the allegation of constitutional claims because of the additional complexities and difficulties.  It is however possible to plead an FTCA claim in one count of a complaint, and a constitutional claim in a separate count, provided the procedural condition precedents have been satisfied.  Think hard and long before you spread your resources too thin.

Its all about money.  The DOJ-FBOP cheats inmates (and, indirectly, the citizens) out of competent and adequate medical and dental care because they have figured out how to keep the cost of judgments less than the cost of providing honest services to the taxpayers.  That leaves more money for politically well-connected insiders to steal.

I intend to change that perception as well as the reality.  I intend to make it materially cheaper for the DOJ-FBOP to promptly fulfill their sworn obligations.  The actual number of FTCA claims and resulting lawsuits necessary to trigger a material change of de facto policy depends on a number of factors, including but not limited to:

1)       the quality, worth, and strategic value of the claims filed;

2)       the rate at which FTCA claims are followed up with litigation;

3)       the effectiveness of litigation efforts;

4)       the effectiveness of obtaining discovery information;

5)       the effectiveness of disseminating discovery information to other litigants, the news media, and the general public; and,

6)       the rate of increase in all other parameters of effectiveness in filing and pursuing  FTCA claims.

Success ALSO depends at least in part on the ability of persons assisting other inmates, to weed out and discourage litigation by inmates who don’t have at least one strong claim.  Any inmate can file a tort claim, and follow it up with a lawsuit.

Responsible inmates cannot prevent that.  But responsible inmates who assist other inmates can and should strongly discourage such behavior.  It is not difficult to get a full load of high quality claims cognizable under the FTCA.

There is no good reason to waste time on claims that aren’t either 1) virtually irrefutable, or 2) important to the development of the law related to the treatment of federal inmates.  In deciding when and how to raise issues for the purpose of developing the law, consider the logistics.  Look for a solid plaintiff who has at least one solid claim, for which the government has no substantial defense.  Try to create for yourself the aura of invincibility.  Many civil plaintiffs lose some counts of their complaint.  That’s ok, as long as they win at least one count.  Don’t forget the filing fee, which is a minimum of $350.  Make every effort to ensure a win on at least one count, to get the filing fee back.

It is difficult to provide effective legal assistance from a distance, even more difficult when both parties involved are in federal prison.  Each prison needs at least one inmate who can and will do a first class job of assisting other inmates with FTCA claims.  Larger facilities will need several individuals.   Any inmate with a FTCA claim who transfers to another prison, for any reason, should be primed to spread the word, find persons with the temperament and expertise to do FTCA claims, etc.

My goal is to aggregate enough information in a central location on the internet, to allow an inmate of reasonable learning and ability to pursue a FTCA claim to its conclusion.  Nearly all of the time, an inmate not learned in the law will need help.  It takes some experience and practice to do a good job of pushing litigation from the filing of a FTCA claim to judgment, and through appeal if any is filed.  I’ve been learning the dirty tricks and cheap shots, and hope to provide warnings and tips for avoiding the traps.

On July 10, 2014, I spent 3 hours forcing this prison to write a receipt for property that they wanted to seize and throw away – specifically, 10 soda boxes repurposed into folders for holding papers.  A well seasoned fellow inmate asked, “How do you avoid diesel therapy?”  Most of the time, the DOJ-FBOP uses “diesel therapy” to punish inmates who claim their legal rights, and to prevent intelligent and civic minded inmates from helping each other.

In fact, virtually nothing triggers more hatred and angst amongst prison officials, than an inmate who shows empathy and kindness toward another inmate.  They understand inmates who stand on their own legal rights.  That’s OK.  They’re ready for those inmates, they expect it, and they know how to deal with it.  They have all the tools – lying, cheating, stealing, shredding documents, procedural frauds, etc., to make inmate legal rights mostly illusory.

Much harder to destroy is the inmate that looks at the big picture, and unabashedly stands up for the rights of other inmates.  Ordinarily, their solution is to repeatedly ship the inmate from one place to another, known to inmates as “diesel therapy.”  Documents are wadded, torn, crinkled, dog-eared, mixed up, and “disappeared.”  Organizational material is unceremoniously confiscated, with the papers tossed in a pile.  The inmate doesn’t have access to typing or email.  The inmate doesn’t know anyone at the new location – he has to rebuild all of his support structure, all his relationships.  Often a single transfer is enough to intimidate and silence the inmate.  If not, long before he becomes effective at the new location, he gets shipped again.  The troublesome inmate is thus neutralized.

As I explained to the aforementioned inmate, I use hunger striking as a defensive mechanism.  OFFENSIVE hunger striking has (at least officially) gained me nothing but experience.  I’m batting 1000 on DEFENSIVE hunger striking.  If they lock me up in SHU, count on a hunger strike.

Similarly, shipping requires close confinement of the inmate, and thus gives me the opportunity to formally refuse food in a way that requires a written record.  Retaliatory “diesel therapy” is sure to provoke a hunger strike.  Within 3 days, my blood sugar will be below 50.  At times of my own choosing, I will refuse Boost or other nutritional supplements.  They’ll put a tube down my nose, which is a use of force, which triggers a duty to videotape the incident.  I’ll do everything in my power to make the video footage useful to those who wish to expose the corruption of the DOJ-FBOP.

Is death a potential consequence of hunger striking?  It certainly is, but for those who oppose my use of the tactic, I have this question.  How do you propose that I defend against retaliation for the exercise of well established legal rights?  The DOJ-FBOP administrative process is a pure unadulterated fraud, designed primarily for delay and the obstruction of justice.

Every day when I get up, I have two things on my mind.  First, I intend to make it more expensive, politically and otherwise, to kill Oscar.  Second, I intend to make my death less valuable to the DOJ-FBOP.  My goal is to reduce the incentive to kill Oscar, from both ends of the economic calculus.

If I am indispensable to the effort to force the DOJ-FBOP to stop its cruelty and abuse, there is enormous incentive to get rid of Oscar.  If I’m just one of many who are capable of delivering an effective, powerful, sustained legal assault against negligence (and worse) in the DOJ-FBOP, the powers that be have much less reason to try to neutralize Oscar, by any means available.

Why do I engage in such a discussion now?  Because my ability to communicate gets bombed back into the Stone Age if I go to SHU or get shipped.  The written rules say I get a phone call every 7 days.  In fact I will only get a call every 30 days.  My outgoing mail has been arbitrarily seized and held for weeks at a time.  Incoming mail has been withheld from me until the end of the hunger strike.  That mail gets delivered when it is no longer relevant.

If I cease to be responsive to Trulincs messages, be suspicious.  Call this prison and ask what’s going on.  If they don’t answer call Regional.  If they don’t answer call National.  If they don’t answer call your Congressman and ask for a phone number that will be answered.  Demand video of any force feeding, and don’t take no for an answer.  Please – go to bat for me when I can’t go to bat for myself.

The standard filing fee for a federal civil case is $400.  A poor person who is not in prison can get the fee waived, even if they could easily earn the money for the fee with less than a month’s pay.  A federal inmate who earns $18 per month for a full time job has to pay $350, payable as a 20% deduction from all commissary receipts by the inmate.  This is just one page from a lengthy playbook designed to make it difficult and perilous for inmates to vindicate their legal rights.

If my credit’s any good, I’d like to borrow some money for the reasonable and necessary costs of litigation.  Jesus counseled to “…love your enemies, do good to them, and lend to them without expecting anything back.”  Proverbs 19:17 says “he who is kind to the poor lends to the Lord, and he will reward him for what he has done.”  I’ll exert every effort to make sure you’re repaid.

I don’t want cash – I don’t even have an organizational name or a separate account in which to keep it.  Just tell me the extent of my line of credit with you.  I’ll tell you when and where to direct the money – it will almost always be for a filing fee or deposition, or some other normal expense of litigation.  In some ways this is more advantageous rather than less.  If private citizens communicate to officialdom the fact that they DO INDEED love their enemies enough to do ECONOMIC good for them, it sends a message that can’t be sent any other way.  It says that the public is watching, and that at least some of the public cares.  They know that, as a general rule, for every person willing to stand up and speak, scores of others in the background have the same sentiments.

Always, always, always – you have the right to ask what you’re financing.  I’ll give you URLs that provide you with the docket and docket items of any case you support.  If that’s not enough info, tell me what you want – I’ll try to get it for you.

If this basic arrangement isn’t satisfactory, I invite anyone to secure the services of an accountant and/or lawyer or other professional, and set up a fund.  Perhaps a better way to do things is to find an existing, recognized charity that is willing to receive and direct litigation expense money according to donor instructions, and to return funds to the lenders.  You should be able to find a reputable charity willing to do this work, via Google or otherwise.  Perhaps you would get good results by calling Prison Legal News or some other advocacy or news organization dedicated to prisoners’ rights.  My goal is quite simply to get enough money to litigate effectively.

I won’t help any inmate get litigation expenses unless they agree to return not only the money advanced, but also enough to cover costs in cases that are either unsuccessful or not sufficiently remunerative to repay all creditors.  Those who request charity should also be willing to give it.  I will insist that a reasonable amount of the recovery must be pledged toward 1) repayment of litigation expenses, or, where the money is available, “lending it forward” to other litigants, or to Russian orphans or their caretakers, or other charitable endeavor.

I admit that I am trying to help a favored cause – Russian orphans.  Once again, I make no apologies.  I have the legal skill – why shouldn’t I use it?  It doesn’t just benefit me and the orphans and their caretakers and society at large.  It benefits the inmates involved.  Inmates are painted as subhuman, worthless, concerned only with themselves and their own interests.  I intend to change both the perception and the reality — early, often and vigorously.  I invite my friends on the street to be part of the process.

Oscar and Julie Stilley adopted 2 children from a Russian orphanage 8 years ago.  Four years later they were fatherless again.  That leaves me with a choice.  I can rot in prison with an “eat, sleep, hate,” mentality, or I can do something constructive.  With a law degree and 19 years experience in the practice of law, I’m uniquely equipped to make a difference in the lives of America’s underdogs.

I’ve made my choice.  I will exert every fiber of my being to show kindness and concern for other inmates, in a tangible way.  At the same time I will use all my skill, knowledge, connections, and opportunities to help children in Russian orphanages, and their caretakers.  Now that I have experienced institutionalization firsthand, I can better empathize with them, and better see ways to meaningfully improve their lives.

How do I propose to teach others to do what I do?  The same way I learned, and the same way that most young lawyers learn their craft.  Young lawyers pattern their pleadings after the work of more experienced attorneys.  That’s why I am going to try to aggregate a complete set of docket items, if not the complete record, in cases in which I am involved.  Those records will be made available to the world, to the extent that available resources permit.

Thanks for reading.  I’d love to hear feedback.