Number of words
"Human Nature Versus Human Error." "Staying Comfortable In Lifestyles Versus Mistakes Caused In This Process." Self-quoted
"Human nature versus human error in light of the Covid-19 virus in such settings as the FBOP, state or county prisons & jails. Creating chaos in an enclosed ecosystem such as state, country & federal institutions." Self-quoted.
Examples of such human nature versus human error as personally witnessed by this writer which I personally put my john handcock as truth under penalty of perjury as personally witnessed 1746 and if otherwise rumor or second hand knowledge I will state by writing as such.
These examples are used in setting of Special Housing Unit - unless otherwise specified - while housed in FCI-Greenville-Medium of FBOP in Bond Country, Greenville Illinois March 13 through current date & time of May 25, 2020 unless otherwise specified.
1. Taking off or lifting of PPE facial mask versus spiting in floor drain etc...:
On 5.14.20 approximately 8:30 AM C.O. Daniels or C.O. McNeally (Mr.) passing out inmate supplies e.g., paper, toiletries, pens for first time since Director of FBOP received word this writer filed suit against him in 20-cv-00360-IPG., and other supplies. Lifted PPE facial mask in upwards motion to spit tobaccoo juice into the floor drain where staff officials and inmates alike walk. Within a short time frame during staff C.O. McNeally and C.O. Daniels moving inmates from one prison cell to another drug two bare mattresses prisoners were assigned to sleep on through the spat tobacco juice just spat by C.O. McNeally. This floor drain is a design of circling metal that spitting and missing metal is impossible so such spit would remain on the top part of the drain so that persons walking or dragging sleeping material shortly after would pick up possible coronavirus-19 infected saliva and transport into prisoners sleeping quarters and other such areas where unsuspecting persons are.
2. Laziness versus spitting near food.
On about or between March 22, 2020 - April 14, 2020 C.O. Rogers (Mr.) between cell(s) 102, 103, and 110, 111 while pushing tray cart on A-Range in (SHU) Special Housing Unit contain trays of food and other food items C.O. Rogers for convenience. Laziness pushes cart forward exposing trash bog lined box for trash and spitting a stream of tobacco spit into this container. Where spittle is reasonably believable to have peppered food items and containers housing food. Inmates in these four cells this writer included yelled at C.O. Rogers for the audacity of this action especially in light of Covid-19, not to mention other such germs contagious. C.O. Rogers yelled back (that it was no big deal) - In parenthesis is that which I do not recall what C.O. Roger's stated only his actions were shown as no big deal.
1 3. Comfort versus safety.
During this writer's late night binges of staying awake (before case 20-CN-00360JPG.) he personally witnessed on many early morning always approximately on or about 2:00AM a GS-11 LT. Mr. Maschino (unsure spelling) conducting nightly rounds on A-Range (This writer's housing range) making his rounds without (the now mandated use of PPE facial mask wearing of all Correctional, Lieutenants, Captain, Executive and Bureau wide staff et cetera to wear such PPE Equiptment in light of Covid-19), wearing facial masks. Dates in which Lt. Maschino was personally witnessed not adhering to new mandate policy: 4.18.20, 4.21.20, 4.29.20, 4.30.20, 5.1.20, and 5.5.20. After this date this writer after receiving response from United States Attorney's Office Southern District of Illinois which was mailed & delivered to my cell on 05.04.2020 containing a 141 Page Motion to Dismiss for failure to state a claim and response to court order. See Document 10 it's public accessable. (I believe). Future dates include 5.18.20 & 5.21.20 Approx. 2:00AM
Specifically this writer calls to light conversation with GS-11 Lt. Maschino and challenges FBOP to supply camera footage in this writers future litigation as well as to be supplied any Public Relations to the truth of these claims of Mandated policy blatently disregarded by GS-11 Lt. Maschino on dates listed.
On 4.21.20 approximately 2:00AM this writer fed up with this Lieutenant's disregard for others' personal safety for his comfort level began conversation, see following.
Q. "Excuse me sir? What do you know about this covid-19?"
A. "Only what I hear on the news.
Q. "What do you know about the Bureau ordering all staff members to wear face masks in the prisons?"
A. [This writer does not recall Lt's reply].
Q. "Yet you do not wear it during your walk through (SHU)? This is the second time I have observed you not wearing it?"
A. "I don't see why I would. Your behind a door and I'm out here. I don't wear it in my office because no one is around." (Attention he shares office with multiple people. Germs spread. Just because someone is not there at time of his shift does not mean they will not be at a later time.)
Q. "Why is it that all other staff are observed wearing them but not you?"
A. "Well that's their choice. The news says we have to stay at least 6 feet apart, and your behind a door and I'm out here."
Q. "Yes, but if your speaking to me even at my door and your germs get on my door, and another staff passing something like food and during such time touches my door, or other doors, with a gloved hand then touches my tray then hands me said tray then upon excepting tray I'd have a high probability of contracting the virus."
A. "I don't know enough about the thing to say for sure, but I doubt it.
Q. "Out of curiousity, are you a nine or an eleven?" (I was unsure uptill now
A. "An eleven."
Mr. Maschino now redirects the questions.
Q. "Anything else?"
Q. "Everything else okay?"
(On or about according to C.O. Thomsen 5.24.20
As of OJ.13.20 Institutional Intercom multiple times a day announces all staff and inmates must wear PPE facial masks).
Mr. Mashino Leaves.
4. Following protocol versus medical safety provided to Inmates, Staff, and the Public.
Though this writer does not know protocol in proper care of inmate with whom is diabetic and a R.N. and the providing of syringe with diabetic insulin/medicane I can only assume unwitnessed by this writer later claimed by inmate [redacted], in cell [redacted] Range A on 5.5.20 during nighttime med walk upon Nurse Ms. K. Knoll-Maxie distributing syringe to inmate [redacted], with C.O. Mr. Major. At approximately 5:00 PM. C.O. Major opens tray slot, Nurse Maxie hands inmate [redacted] syringe. Inmate [redacted] informs Nurse that there is air bubble in syringe/vial and hands to Nurse. C.O. looks at it and states he's been diabetic since he was nine and then questions Nurse at how long syringe has sat around for. Nurse claims she made it prior to coming to SHU. States how she knows how to do her job ("I know what I'm doing.") [redacted] states she said, Nurse presses plunger and says ("See no more air bubbles) and shows or hands syringe to C.O. who then say ("the needle is also bent"). The Nurse takes syringe and hands to [redacted] angrily ("either you use it or you give it back," she snaps) claims [redacted]. Inmate [redacted] states he angrily threw the syringe out the tray slot. He claims he had no intention of hitting either staff but Nurse claims syringe hit her and she barks how she is going to file assault charges.
This was second time on 5.5.20 that inmate [redacted] was unable to take insulin or such meds as something prevented him from morning too. At approximately 10:00 PM. 5.5.20 Inmate [redacted], which the writer did not witness, but cellmate did and who reiterated his observations of account, Inmate [redacted] was unresponsive when officers responded to situation. [redacted] cellmate [redacted] likely pressed duress button and/or called for help. This writers cellmate claims staff C.O.'s Mr. Brown, and/or called for help. This writers cellmate claims staff C.O.'s Mr. Brown, an unknown compound officer (most likely), Lt. Newlin who was foreseeing nightly operations, and who both cellmate and this writer assumes was SHU #1 Mr. Husky entered cell [redacted] and got inmate [redacted]'s unresponsive body on a prison made board used for this purpose in medical responses. Which was outside the cell in the hallway.
My Cellmate witnessed staff become overexerted very quickly whereupon he witnessed C.O. Mr. Brown pull facial bandana down from his face. Compound Officer (we suspect) removes his facial mask completely ("I can't breathe!") Cellmate claims. Cellmate claims Lt. Newlin and final officer we suspect to be SHU#1 Mr. Huskey also follow suit.
Approximately 2:00AM. Within minutes after Lt. Maschino as mentioned above left range, third shift #1 Mr. Pitts and later confirmed Third Shift Compound Officer (likely different from suspected one above brought Inmate [redacted] back. Inmate as later discovered was removed from Institution grounds to hospital because prison medical staff are not present at all times of day and night.
Protocol in two above paragraphs (1) Newly mandated protocol states staff must wear PPE facial masks at all times or at least around others or so common sense would lead a normal thinking person. Just as a (2) Normal thinking person would say a medical professional present at all times day and night, and (3) Action plan for Covid-19 - Phase Four: On March 26, 2020 the FBOP implimented Phase Four of its Action Plan, what this means in a nutshell is 'all FBOP institutions updated its quarantine & isolation procedures to require all newly admitted inmates regardless of their arrival to be put on quarantine status for 14 days or until cleared by medical staff. Despite and later stated to 3rd party who reiterated to this writer immediately after inmate upon returning from hospital ([redacted]) he was not medically checked upon admittance to institution a FBOP Phase Two "Exposure Risk Factors" for inmates arriving at Institutions.
At approximately 4:00AM-11:00AM wittnessed by this writer after the fact Inmate [redacted] and his Cellmate Inmate [redacted] upon prison officials realizing they failed newly implemented protocol and placed a reasonably believed inmate who could have come into contact with Covid-19 after leaving the institution removed both inmates from cell [redacted] A-Range and quickly moved them upstairs to C-Range (SHU) which is and has been and is original basis for this writers writ of Mandamus; the range designated as this institutions quarantine.
Argument to multiple prison staff and court: "The human sneeze travels
(Pg 6) at speeds of up to 5 miles per hour, so the SHU shares intake and outtake ventilation system and the intake sucks in infectious droplets into the air, the intake could pick up these droplets carry through the ventilation of the outtake and spit them out at a varied speed to unsuspecting persons - staff and inmate alike. Inmates can't just block the ventilation intake or outtake because ventilation is a way to reduce disease transmission is to move old air out of a room and bring in new fresh air. This is particularly effective at removing infectious droplets that are so small they stay floating in the air instead of setting onto the floor.
"But if the basic habilitative needs of the individual are not met then rehabilitation, reformation and/or redemption are not possible. Water, fire protection, 'air', and food are necessities of life. Minimum space to call one's own is a primary psychological necessity. Without the basic minimums prisons are doomed to failure, with both society and the inmates therein the losers." APHA Environmental Standards, as adapted by unknown court... "In adopting the APHA Environmental Standards, the court points out that a prison facility is a closed ecosystem. Persons are sent to prison as punishment, not for punishment. It is incumbent on the incarcerating body to provide the individual with a healthy habilitative environment. Anything less would be to subject the individual to further punishment than was given by the sentencing trial court. With habilitation assured, then possibly or probably the inmate can decide to rehabilitate himself."
Attached is my "Amended (Newly - 1st one) Pro Se Petition For a Writ Of Mandamus, Under 28 USC 1361 and 1651" Post this to your website, magazine, newspaper, media source or other with explicit explanation that friends and families of convicted/incarcerated persons should alway seek guideance legally but my opinion is this format is ideal way to proceed.
Please seek me out for any support you may be able to lend. Advice in proceeding. Though I do not have access as you may, I believe I am first to proceed in Mandamus and for those notorious places such as FAMM and WAR, and other such places I can use you unitedly."