Loud & Clear: Broken foot & shower quotas

Clinton Lee Young – Loud & Clear
Topic: Broken foot & shower quotas
Date: Sept. 24th 2020

Before I start in on the subject matter. I want to highlight the law.
You know, the thing all people are supposed to follow.

First statutory law.
Texas Penal Code § 39.04 Violations Of The Civil Rights Of Person In Custody; (it also list sexual misconduct w/such. But that is not relevant to subject of blog) (a) An official of a correctional facility… an employee of a correctional facility… a person other than an employee who works for compensation at a correctional facility… a volunteer at a correctional facility… or a peace officer commits an offense if the person intentionally: (1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful. [(I omitted juvenile facility language as not relevant. (2) pertains to sexual misconduct. Against not relevant.)]
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
Okay (a)(1) is what I cited above.

Misdemeanor is defined as Texas Penal Code § 1.07 (a)(31) “Misdemeanor” means in a sense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement.

Texas Penal Code § 12.21. Class A Misdemeanor is as follows. An individual adjudged guilty of a Class A misdemeanor shall be punished by (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.
Note: the use of jail and prison are not equal. Jail refers to local county jail. Unless stated as state jail. Which is a department of the TDCj.

Texas Code of Criminal Procedure. Art. 1.04. Due Course of Law.
No citizen of the state shall be deprived of life, liberty, property privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. (Tell that to Midland County!)
TX C.C.P. Art.43.24 Treatment of the Condemned. Torture, or ill treatment, or unnecessary pain,shall be inflicted upon a prisoner to be executed under the sentence of the law. Note: this standard actually goes farther than the 8th amendment of the US Constitution. Which states “no cruel and unusual usual punishment.”
The US Supreme Court has further broken it down that it can be cruel and OR unusual punishment when dealing with prison or treatment.
The Texas law mentions no… ill treatment. It does not say these things shall not be to execute a prisoner. Words matter. It doesn’t say no ill treatment during execution or the execution shall not be in a manner that involves ill treatment. Art. 43.14 which deals with execution. It outlines how it is to take place.
Okay Art.43.24 states clearly no torture or ill treatment, … shall be inflicted upon a prison TO BE executed…
When a jury sentences person to death. The judge announces that person is to be executed and how. Then the judge stays the execution pending direct appeal to Court of Criminal appeals. So it is halted until appeal court confirms conviction. Once that is done, can be executed unless appeal further.
Even if a person drops appeal. Can not be executed until CCA affirms conviction and sentence. Until execution, person is to be held at the TDCj.
Okay a death row prisoner is not under penal servitude.
We are a unique class. The very reason why law Art.43.17 allows condemned person ‘until the time for his execution arrives.’ To have visits w/friends/family/clergy/lawyer/physician. The words “until the” can be matched with “to be”.
The law clearly outlines that a condemned person is guaranteed more than a regular prisoner under penal servitude.
The US Supreme Court has made it clear, a person can not be executed in a case with constitutional violations.
Ill treatment applies from the moment of sentencing until the execution.
If you abuse me, starve me, and such between sentence and execution. It factors into the punishment.
So it can not be said that only what happens on the gurney matters.

Okay. Bare with me here. I want to make it clear that these laws clearly states the condemned are unique and have rights. The Texas government code outlines various laws that require death row plan. A unique plan of managing death row that further shows certain things have to be done. The death row plan, being back by law, indicates we are to have recreation and showers. TDCj policy, state law, and US Supreme Court has that a person cannot be deprived of these rights absent due process. Remember reading about due course of law. Example: I am supposed to get rec five days a week for two hours a day. If I receive a disciplinary case for a rule in fraction. I then will be subjected to a process that informs me of the allegations, allows me chance to give my version of events. Then if case proceeds I can be taken to a disciplinary hearing conducted by a neutral ranking officer and depending on level of case will have a counsel substitute to help investigate and defend me. A kind of prison lawyer. All of this is to ensure I have Due Process. If the disciplinary officer finds me guilty. Only then can he subject me to a period of punishment such as 15 days rec restriction.
Even then, because of known effects segregation cells have on people. A prisoner will still be able to get outside rec for one hour each week. This is to receive direct sunlight. This is federally mandated of states.

TDCj policy makes clear an officer cannot deprive a prisoner of any rights. There can be no quotas. So you now understand that if an officer is violating the rights of a prisoner, with no due process/due course of law. That this is a Class A misdemeanor punishable up to $4000 fine and one year in jail. Further more, the condemned shall not receive ill treatment, as they await execution.
Keep that in mind.
Next, the US Supreme Court has held that prisoners are entitled to basic health care. No we do not have great free healthcare. That is a myth! The court has further held that prison/medical staff violate eighth amendment “cruel and or unusual” if there is “deliberate indifference”.
Estelle v. Gamble 429 U.S. 97 (1976) – only deliberate indifference and not accidents or inadvert failure to provide medical care violates 8th amendment.
Zaya v. Sood 836 F.3d 73 (7th Cir. 2016) – deliberate indifference claim stated when prisoner suffered broken wrist and Dr. waited seven weeks to schedule follow up. –
Perry v. Roy 782 F.3d 73 (1st Cir. 2016) – claim stated when nurse failed to provide prisoner with broken jaw constitutionally adequate standard of care.
Coleman v Sweetin 745 F.3d 756 (5th Cir. 2014) – ignored broken hip.
You all also recall no ill treatment/unnecessary pain of condemned?!
Now we all know law of the land.
1st – to the medical neglect. The guy in the cell next to me Paul. He is over 50 years of age. Suffers from long-term severe mental illness. Has a broken back, that has healed horribly, from a motorcycle wreck. His back is twisted in a way that completely alters the way he walks. Lives in pain. Refuses to get that surgery due to risk of paralysis.
I tell him he is crazy, but not that crazy! 🙂 as not going to allow medical students and interns to get their experience in by working on his back. The hospital that serves this half of Texas prisons is UTMB. University of Texas medical branch in Galveston Texas. Most of the complex is for average citizens. One portion of it is a prison hospital.
Note the term “University”. Students can hone in skills on prisoners, with help in guidance of doctors.
Okay Paul has couple had hernias also. I tell him all the time that cell is kickin his ass! He went for hernia surgery. They notice a lump of some sort below hernia. They cancel and say he has to get a CT scan so can see what lump is. Now mind you, he already had surgery once. Though he got what he paid for. The work quickly came undone and hernia popped out worse than before. Months of going through hoops and loops required to get treatment is then repeated. Gets the Okay. Heads down there to the hospital in Galveston Texas. Which requires transport van and three officers. Gets there, they notice lump under hernia. Say he needs CT scan. Okay, he is IN THE HOSPITAL. So they natural wheel. Him over to other area and do CT scan right? Wrong! They say, has to be scheduled.
They send him back to polunsky unit. He then waits couple months more. They just yesterday get him back down there. Again 3 officers hace to leave unit, reducing staff at unit. He goes down to hospital unit. They do CT scan. Do they then look at CT and then wheel into surgery? No. they send him back to polunsky. Until whoever can look at CT, decide what is what, & then schedule the hernia surgery.
Which will be another 2-3 painful months of waiting. That is not even the worse of it.
Today is sept. 24th, a Thursday. LAST Thursday he broke his foot.
Can see the bone is clearly broke and bulging the skin out. Not cracked, broke!
That night nurse shows up and sees it. No doubts. They say will schedule you to see provider. Which is a nurse practitioner or general practitioner (whatever he is, we call him Dr. as that is medical role he plays.)
Later on, find out he isn’t set up until Wednesday! 6 days later. His foot is broke!
That day comes and goes. No provider visit. We speak out and get RN back up to see him. He repeats ‘ will make sure provider see you tomorrow.’ Tomorrow morning comes. They tell him he is going to Galveston. So off he goes to get the CT scan. The van has a cage in the back to contain us.
It is diamond shaped steel. The same kind seen on the doors in some of the visitation booths. A steel mesh that criss crosses forming diamond patterns. No seat belts, just sit on a bench chained up with leg irons, hand cuffs and a restraint box that locks over handcuffs. You cannot rotate cuffs. Plus it is done in a way that does not allow for hands to be in normal way one would be when cuffed in front. No the thing is rotated and it makes it where one hand and arm is above the other. Thus reducing ones mobility.
It is very uncomfortable. Then is chain from box to leg iron chain. In that cage, sitting on metal bench with no seat belt. There is no way to brace if suddenly stops. One can ping pong around inside the cage.
During the trip to the hospital, with his hernias, and broke foot, and back injury. The officer had to brake suddenly. Not with malice intent, as some have done before. Hits the brakes and there goes paul head first into the metal cage.
Busts his head open. Lets out a curse. Though knows the van is not stopping until it gets to unloading area of hospital. The back door and cage do not open unless within confines of unit gates.
So there he rides with blood down his face.
They get to hospital. Open back door and ask “What happened to your head?” he makes a joke about driving skills. The hospital unit prison staff. (The prison wing of hospital is called John Seally) he sees his foot. “What happened to your foot?!” Explains it is broke, happened in cell.
Okay he is at the hospital. He gets wheeled in. We always have to be escorted there by wheel chair. Is faster and more secure.
They wheel him up to the area for CT scan. Medical staff sees head wound.
One is tending to that. While the other is inserting needle to inject the dye for CT scan. They move fast with us to get in and out.
His broken foot is pointed out to medical staff. They see it and say.
“nothing we can do, he has to see the provider.” Paul says, ‘okay get me the provider!” they say, “No, has to be one on your assigned unit.”
The transporting officers express dismay at this and state the obvious.
“But he’s here now, in the hospital!”
The medical staff repeats, nothing can do. Has to go through the process.
They at least was kind enough to stop his head from bleeding.
But that is the bare minimum. They have to stop bleeding and address life threatening needs. He could have had broken arm/leg. They wouldn’t address it then.
He does the CT scan and heads on back to Polunsky. Unit medical looked at him again when he got back. Again said would see provider for foot.
So it has been a week and a trip to the hospital and still no action for him.
Just 800 mg ibuprofen. Once he sees provider. Will then take another trip back to the same hospital, he just left, to then get foot fixed. Again 3 officers used. Then will come back and later on again go again to address hernia.
All this spans into 4-5 trips to the hospital spread over months time.
With only 600 or 800 mg ibuprofen. Wonder how many trips will require to address ibuprofen messing up his stomach?
That is prison health care. Be very afraid of state ran health care!
Oh Paul also has a law suit going on, as he has no teeth and they will not provide him with dentures. He had them when he came to TDCj, but they made him take them out as they had metal in it.
Keri Blankinger has covered that problem before. TDCj has a 3D printer, yet won’t give him dentures.
Now Keri has also before covered stories about case quotas within TDCj.
There was a scandal at another unit. Guys was being set up with fake contraband cases. The Warden at that unit one Virgil McMullen. He had lower ranks pushing for 2 cases a day and such. These cases would interfere with a prisoners ability to get parole. The word got out. Investigation was held. Lower ranks was charged with crimes. Got probation and such fines.
McMullen slipped by as couldn’t directly link him with it.
Lots of cases was dismissed. Some politicians made some noise. TDCj issued new policy. Then couple other units had cases dismissed. The story faded.
Now neat twist. McMullen once was the Major on this building.
He had the two case quota thing going here also. But beyond that. He had told an officer one day to write a guy up. Later on he seen her in the hallway and asked her if she did. She replied ‘No sir. I took his shower.’ They have to escort us to the shower. So this is considered work load. Taking his shower reduces work load and makes everything look good and done. He thinks about what she says and nods okay and walks off.
Thus began the shower quotas. If an officer seen a guy doing something wrong. Like passing a magazine to someone. Would take a guys showers.
It got so out of hand, it helped kick off protests. Which brought attention of other ranking officers who expressed that, officers cannot do that.
Little bit of time goes by they start back on it.
Not everyone done it every time. Some officers were quick draw with it.
Others might give warning first.
Many just did not do it. Okay during this time period, up pops the story all over the news about the case quotas on that unit and by then Warden McMullen. He had left, but his legacy remained here.
Light bulb goes off in my head about showers. I am not one to just set out to get someone in trouble. I barely ever had it happen to me.
Though, I do get ideas and I do develop plans.
Here comes a warden who was hell bent on harassing death row.
A lot of things was happening. Trying to take legal material for to much property. Putting people on disciplinary level for all kinds of petty stuff. Many times causing a guy to lose a special visit that had been scheduled. A guys friend spends thousands to fly from UK to Texas to see him.
Only to get here and be told can only see him for 2 hours, instead of 2 days for 4 hours each. On disciplinary level, visits is restricted.
So not only messing over guy here, but his people also.
The taking of showers to reduce work load is going on.
I tell people here and there. ‘Hey say something to the officer. That cannot take your shower as punishment. No TDCj policy allows such a punishment. If I broke a rule, write me a case.’
Officers states not writing a case. Again the whole thing is to reduce work load. As they have to have a set number of recs and showers done at the end of the shift. Others use threat of case or loss of shower.
I then tell him to write the grievance. That officer is extorting for your shower. Others word it as officers took shower as form of punishment. This is not approved form of punishment by TDCj policy.
Create the paper trail. Of course get nothing from grievance, as officer just lies and says refused shower. I found out that a couple other guys on other pods was automatically writing it up each time.
Nothing changes. Then it gets so out of control that if cell was not in some proper perfect compliance. Would take shower and started to take recs.
For like a week there it got bad. Didn’t happen to me, as I never put anything in my light or window or cell door and such.
Though I tell people to write it up.
I talk to a couple officers that are quitting about what a certain rank said about showers and etc. Ask that they remember those conversations.
I get ready to go forward with plan to expose shower quotas and such.
New warden shows up. I figure okay, will wait and see whats up with this guy. Well this on day they took like 60 showers and all kinds of recs from just A-pod. Several got pissed ff, end up on disciplinary level.
The new warden walks on pod, just to check things out. Someone asks him if officers are supposed to be doing this with rec and showers.
This is the current warden Jackson. He looks at the guy like hes crazy and asks him to repeat it. He does. Jackson looks at a lower rank and says “No.” everyone on pod got rec and shower back, as that rank told officers ain’t happening. At that point they had started using some failure to follow proper procedure or something, as way to cover just refusing it.
I see how new guy moves. I decide okay, will hold off on everything.
Time goes by. I end up on C pod. While in dayroom, Officer Wendally, I think is how spell her name. I will find out for sure. Well she is in the control picket. She thinks she sees a guy sing his home made line to pass something. He wasn’t, was just at the door. She takes his shower. The guy complains. I tell her ‘hey that dude wasn’t doing anything.’ She looks up there. Shrugs her shoulder like she does care. I stare at her for a bit and think okay and walk off. Now I am getting mad as these guards getting to bold and out of control. See by this point most of death row had calmed down greatly.
Now this guy was known as a quiet and passive person. I seen it as her on a bully move. I tell him to write up and how.
Time goes by, couple more things happen. We can’t get any positive change around this place. I start formulating plan again, after hearing Keri on KPFT the prison show. I’m trying to figure way to minimize fall out while maximize the exposure to the problem.
I wasn’t sitting around plotting on how to get as many officers in trouble as I could. I wouldn’t do that for any group of people.
Then here comes a new building captain. It’s Carter, who had been ranking officer on this building before and in general population.
She is a rank that is respected by officers and prisoners.
Back in the day from protesting and such. When doing stuff like that. It exposes a person to the ranking officers more. You get a better idea of who is who. In middle of this time period is a couple different times I speak with Jackson. He doesn’t stand there and lie to us with a bunch of bullshit.
If it is a legit issue, he will check into it.
For what one can really expect from a warden. He is a good warden.
Seemingly is a decent person in general, from my reading of him, while talking. So here we are with these ranks. In comes a new head warden, who had been here before also.
We have as good of an administration as can reasonably expect for a prison.
The bullshit with showers and such had stopped.
Then covid 19 hits and all goes to hell with lock downs and etc.
Now having to deal with staff shortages.
As a result cannot get rec everyday, though they was doing a couple sections a day here and there when could. Then got to do whole pod every other day if can. So half the building, 3 pods, go to rec every other day.
Its not the normal rec schedule but it is something. Working with what they got.
Not because of all the lock downs and such. Many new officers aren’t used to all the work.
Other had gotten used to not really having to do anything. They have to escort us back and forth to rec and shower. Up and down stairs and all this. Really is just a bunch of walking for 12 hours.
Okay. On Tuesday sept. 22nd I am woke up by officer Wilson, who is a young guy and fairly new. He asks if I am going to rec. I say yeah. He says 4th round outside.
Okay. After second round I notice they do not put anyone else in the dayroom.
Jeff Woods yells out “whats up with rec?” Officer holds up hand like hold up. Okay they then come around showering people who had already had rec. I ask Officer Wendally “what’s up with rec.?” She tells me, someone is supposed to be coming around cleaning dayrooms. Part of covid stuff.
I thought that off, as they had just sprayed the day before. Plus got a SSI on the pod. I also know there is my whole row to get rec and some.
It never dawns on me one would be so stupid to do what they ended up doing.
Time passes by, another asks about rec. they give another excuse about rank said showers done for people already been to rec.
We take it as they are just trying to move slow, so as to put off the work for second shift to do.
Second shift comes on. Joubert yells out to officer about get recs out. She says ‘They said we didn’t have any work load.’
So now i’m at the door. One guy hollers at other section and finds out 80 cell still has rec. Woods, Joubert, me, and guy next to me on other side. We all supposed to have rec and shower.
Joubert and I make an issue of it all. The night shift ranks walk around. He is talkin to one of them. Officer brings paperwork. He looks at it and noticed that all of us was set up for rec. but they came back and wrote VR for Verbally Refuse over that, for rec and shower. He knew that made no sense, more so for so many people. When I talk to him, as he made it down towards the cell I am in. I told him “person matters.” He looked at me. I said the ‘person complaining matters.’ I then went on to say I don’t never even talk to lower ranks or complain about little stuff, as when I bring something, I want it taken serious.
He agrees with me and said we will get our rec.
Okay during this an escort team came to get a guy for something.
I make mention of situation. He asks ‘who was working over here this morning?’ I said “Wilson and Wendally”. He shook his head and said “this aint the only pod that’s happened on. He done that shit several times.”
I go to rec. A guy in A-section yells at me about officers forget to put him out. I explain what happened. Officers come get him. He didn’t know what had happened.
These two officers had took it upon themselves to refuse us rec and shower.
Bpod- 80 cell, 70, 69, 66, 65, & 11 that I know of. On Sept. 22, 2020.
I never had that happen before. Never been treated that way.
They just flat out said fck everyone that still had rec and shower. They didn’t want to do any work, so deprived us of our rights. In prison, usually a violent response gets the best reaction. I am no longer a violent person. Nor do I want to hurt people. I got to thinking. It’s my fault. I have neglected my environment. I didn’t properly push the issue sooner, in various ways to make sure this officer did not feel that it’s cool to do whatever she wats. I am strong enough to be able to do so. I should have refused to leave the dayroom & got rank to the pod and had it addressed. As the guy she messed over back then. He would never take a stand like that. I made excuses in not standing up for what I knew was right. The result of that was, it then happened, to me and many others later on. That is bold to just flat out fck over so many guys. Some of these guys have some colorful history here.
The grievances will be wrote. That’s been discussed. I am writing this to make sure proper ation is taken with them two. More so her, as she has a history of messing people over.
I have never written a grievance on an individual officer before.
I used to always say, ‘I never try to mess with their bread and butter. Always another way to address it.’ Meaning, I’m not going to try to get someone fired just to do it.
As problems can be addressed in other ways. A wrong can be corrected with conversation between two adults, instead of running to rank and all that.
If I have a problem, after a bit of time and things calm down. I have usually always been able to talk to a person. Get the problem sorted and everyone go on to a better day.
Though this action taken did not stem from a conflict or some perceived slight or such.
They lied to us repeatedly and just took our rec and showers so as to zero out the work load. Making it seem as if they done everything.
I am not letting this go. As it has become a pattern for them.
Plus if will will feel so bold as to do that. What will they do to some mentally ill prisoner or one afraid to speak up? What could happen to them, who can’t speak for themselves? A guy named Greene in Ad seg died last year, because he just started to get insulin injections. He had no food in his cell due to being on level. His blood sugar dropped. Medical just bullshitted around. Told him to relax and drink water. By 8pm he was dead.
I don’t know the guy. Just that he was an old black guy who’s life depended on medical staff doing their job. They didn’t and he died.
In that situation the officers had actually done what they could, as other guys was pushing the issue. But they can’t make medical care. I have someone trying to find his family, so they can get the truth.
With all that has happened this summer. The focus on criminal justice reform. The platform I have. I cannot remain silent.
Now I am not about to go on about every single thing.
Just is not my nature in how I deal with things. There is always a way to resolve a problem. However it has got to the point with Wendally and I guess now this guy Wilson. They are so out of control. That it risks the safety of other officers and prisoners. How would they conduct themselves in a Use of Force? The activity log is a state document. They had no problem falsifying it repeatedly! Keri Blankinger, you can reach out to all the guys on death row you know and mention names and shower extortion/theft!
You will see it validated.
We can’t get visits. Can’t make calls. Now when barely able to even have chance at rec. Gonna subject us to this ill treatment and deprive us of what we are supposed to have?
Cannot get group rec, cannot get work program. Which supposed to have.
Cannot properly get JPays half the time.
Some people have had more problems with JPay than others.
I only had problem for couple days a couple weeks ago and then, well, today I didn’t get anything at all.
So instead of answering mail. I had plenty of time to write this blog.
There is some other stuff I might have time to think about and write about.
As I wrap this up. See I bet they didn’t even know they was committing a crime. As when ya got a ‘f*ck a prisoner’ mindset. You then start to believe that rules and laws are not in place to benefit or protect prisoners. That or you become so callous and indifferent that you no longer care. They might not know specific offense. They do know it is unlawful. As TDCj trains staff on such.
Since I got here I have fought to make death row have better conditions.
Nothing crazy, just give us what death row plan fully allows and what other people held in prison get.
We get treated just like ad seg and they are in the building for disciplinary reasons.
We are here just for our sentence. Already killing us, why all the ill treatment?

Take care, smile, and strive for all you desire.
Veni, Vidi, Vici
In solidarity I remain,

Clinton Lee YOUNG #999447
D.R-Polunsky Unit
3872 FM 350 South
Livingston, TX 77351