FFUP Newsletter Bridge of Voices

April 2018 /interim edition

Breaking the law?

State appears to be defying court orders on deducting inmate accounts

by Joe Tarr ,March 1, 2018

Two Dane County judges have ruled that the state Department of Corrections

cannot deduct more than 25 percent of inmates’ trust funds, as it has been doing

to cover restitution, court surcharges and other fees. However, a prisoner rights

activist says that the state continues deducting a higher percentage of money

from accounts despite the rulings.

In 2015, the state Legislature passed Act 355, defining a garnishment

structure for the Department of Corrections to follow in docking inmates’

accounts.

The trust accounts hold the money that inmates earn doing prison work between 5 cents and $1.60 an hour — or gifts

deposited by family and friends. Inmates use the money to buy food, including items for special diets, and incidentals like

deodorant, stamps and clothing. As Isthmus reported in February 2017, several inmates have complained about 50 percent

or more of their trust accounts being deducted by the state.

Some inmates have been fighting the deductions. Last summer, Marcus Kerby, an inmate at Fox River, filed a suit against

the DOC. On Jan. 18, Dane County Judge Shelley Gaylord ruled in Kerby’s favor, issuing an injunction that prohibited

DOC from deducting more than 25 percent. She also ruled that the state cannot deduct from money given to inmates by

family or friends, writing “family and friends do not owe such money.”

However, the judge did not rule on whether the state had to return money taken inappropriately from inmates

accounts — because the request for an injunction didn’t ask her to do so. Despite the injunction, Kerby wrote the court on

Jan. 25 to complain that DOC is still taking an improper amount of money from his account.

In another case, Joshua Howard, an inmate at Waupun Correctional Institution, complained that the DOC is violating

his conviction judgment by deducting 50 percent of his account. Dane County Judge Juan Colas ruled on Feb. 1 that DOC

was violating the law and failing to adhere to Gaylord’s injunction.

“The DOC received an order requiring it to collect from [inmate] funds for surcharges and restitution at a rate of ‘up to

25 percent.’ The DOC, aware of the court order, instead collected at a rate of 50 percent,” Colas wrote. “This amounts to a

failure to follow the law.”

On Feb. 8, the state notified the court that it will be appealing Gaylord’s injunction.

Peg Swan, a prisoners rights advocate in Richland County, says that the DOC continues deducting more than 25

percent from inmates’ accounts. Swan, who lives near the state’s maximum security prison in Boscobel, corresponds with

numerous inmates. She says they’re all telling her the same thing: “[DOC] is still deducting and they’re not giving money

back. That’s what everyone is writing me.”

Tristan Cook, a spokesperson for DOC, declined to comment about the injunction, except for a statement: “The

Department of Corrections is a passionate advocate for victims of crime, which includes ensuring that victims receive

court-ordered restitution owed them by inmates in Department custody. The Department has long-standing statutory

authority to collect funds from an inmate’s account to pay restitution and other financial obligations owed by the inmate.”

Cook deferred further questions about the case to the state Department of Justice’s Johnny Koremenos. Koremenos did

not respond to several requests for comment.

https://isthmus.com/news/news/state-25-percent-taking-inmates-money/

TWO COURT DECISIONS

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY______________

State ex rel Marcus J, Kerby,

Plaintiff/Petitioner

vs.

Jon Litscher, Case No. 17 CV 1363

Defendant/Respondent____________________________________________________________________________

Petitioner appeared by phone and Respondent appeared by Asst. A.O. David Rice for an oral ruling. Per the reasons stated

on the record:

1. Certiorari is the correct posture for this case.

2. In such an action, refunds are subject to the notice of cairn statute, 893.82. See unpublished decision Plschke v.

Sondalle, 2000 WI APOP 43, 237 Wis, 2d 691 The issue of a refund is not before this court,

3. I agree with Respondent that the more specific statute at hand regarding 25% Withholding of certain funds per a 973.04

governs. Subsection (h) limits the types of funds from which fines up to a maximum of 25% can be paid. Those types of

funds do not include money from family or friends. They only include those specifically listed. Any money received from

friends or family are not within those categories, including the last items listed at money due the clerk of courts. Family

and friends not owe such money.

4. No DOC rule can override that or any other specific statute, Act 355 did nothing to change. 973.04. The orders from the

court stating the correct 25% maximum for withholding are, therefore, the valid orders DCC must follow.

5. Declaratory judgment and an injunction are appropriate and available remedies where an agency rule is unlawful and

where needed to stop a practice, as here, that is not authorized.

6. Based on the above, I need not address any other issues raised.

IT IS ORDERED, The underlying interpretation by DOC of withholding more than 25% is invalid, declared to be invalid

and an injunction is hereby issued preventing any further withholding that goes above the 25% and the types of funds

available.

Dated January 18, 2018 BY THE COURT

Shelley J Gaylord

cc. Petitioner, AGA Rice.

2)

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY, WI

BRANCH 10_______________________________________________

STATE ex rel. JOSHUA HOWARD,

Petitioner,

V. Case No. 2016CV3251

JON E. LITSCHER, Secretary, Wisconsin Department of Corrections,

Respondent

__________________________________________________________________________________________________

DECISION AND ORDER

__________________________________________________________________________________________________

Petitioner Joshua Howard, an inmate at Waupun Correctional Institution, filed this certiorari petition for review of

the Wisconsin Department of Corrections' ("DOC") decision to dismiss his inmate complaints. In July 2016, pursuant to

an amendment to its policy, the DOC Increased the percentage of restitution, court costs, and surcharges it collected from

prisoners' funds from 25% to 50%. Petitioner's judgment of conviction orders that his restitution and other costs are "[t}o

be paid from up to 25% of prison wages and as a condition of extended supervision." R. 119. Petitioner complains that,

among other things, Respondent's policy violates his judgment of conviction. For the following reasons, the agency

decision is REVERSED.

STANDARD OF REVIEW

On certiorari review the court evaluates whether: (1) the agency kept within its jurisdiction; (2) the agency acted

according to. law; (3) the action was arbitrary, oppressive or unreasonable and represented its will and not its judgment;

and (4) the evidence presented was such that the agency might reasonably make the decision it did. State ex rel. Brookside

Poultry Farms, Inc. v. Jefferson Cty. Bd. Of Adjustment, 131 Wis. 2d 101, 119,388 N.W.2d 593 (1986)

DISCUSSION

Respondent contends that a sentencing court's order specifying that the DOC is to collect from a prisoner at a

certain percentage is an "impemissibl[e] attempt[] to limit [the] authority" of the DOC. Whether or not a sentencing court

has the authority to require that the ordered restitution and other costs are to be collected by the DOC at a particular rate is

beyond the scope of this opinion. The DOC has disregarded a court order, arguing that it can "control the restitution rate

even if a court has impermissibly attempted to limit that authority." Res. Br. at 11. The weight of caselaw is contrary to

the respondent's assessment.

Even if a trial court acts outside the scope of its authority in an order to an agency, the agency is not empowered to

simply disregard the order. State ex rel. Eastman v. Burke, 28 Wis. 2d 170, 178, 136 N.W.2d 297(1965); Bartus v.

Wisconsin Dept of Health & Soc. Servs., Div. of Corr., 176 Wis. 2d 1063, 1082, 501 N.W.2d 419 (1993) ("neither the

Division of Hearings and Appeals nor the Department of Corrections has been granted the authority to void or reverse

circuit court judgments"). The agency "could not independently determine the propriety of the restitution Order, and [it]-

could not reverse the dictates of the original Order absent receipt of a corrective Order." State ex rd. Lindell v. Litscher,

2005 WI App 39, 120, 280 Wis. 2d 159, 694 N.W.2d 396, aff'd sub nom. State v. Lindell, 2006 WI App 194,120, (2)

296 Wis. 2d 418, N.W.2d 399. When faced with a potentially erroneous court order, the DOC must seek a remedy just as

any other litigant would; it cannot ignore the order and implement a conflicting .policy. State ex rel. Eastman v. Burke, 28

Wis. 2d 170, 178, 136 N.W.2d 297 (1965).

Here, the DOC received an order requiring it to collect from Petitioner funds for surcharges and restitution at a rate

of "up to 25%." The DOC, aware of the court order, instead collected at a rate of 50%. This amounts to a failure to follow

the law.

CONCLUSION

For the above reasons, the final administrative decision of the DOC is REVERSED and REMANDED for further action

consistent with this opinion..

Electronically signed by Juan B. Colas, Circuit Court Judge 02/01/2018

Above is the Isthmus article and court orders that have been making the rounds through the WI prison system along with

three fine essays with suggestions for future action by Randall Mataya and Harlan Richards and Tony Merriweather.

Below is the latest essay received by FFUP ,perhaps a timely summation of how possibly to proceed- citing 14tth

amendment violation. There have been calls for a class action and I agree. However nothing is settled and all in flux .

Exhaust your remedies, let us know of actions you take. FFUP will be working with litigators toward some kind of

resolution soon that satisfies both needs- stop the illegal taking for prisoners funds. 2) pay back what has been taken.

TO Jon E. Litscher – Secretary WI DOC

3099 E. Washington Street

P.O. Box 7925

Madison, WI 53707-7925

Office of Legal Counsel WIDOC

3099 B. Washington Street

P.O. Box 7925

Madison, WI 53707-7925

Warden Doug Percy OCI

P.O. Box 140

Oregon, WI 53575

Deputy Warden Paul Ninnemann OCI

P.O. Box 140

Oregon, WI 53575

Kevin Alvarez – CMSD OCI

P.O. Box 140

Oregon, WI 53575

Wayne Stuessy - Record's Office

Supervisor OCI

P.O. Box 140

Oregon, WI 53575

FROM: Peter J. Long #383030/% OCI, P.O. Box 938;Oregon, WI 53575

DANE COUNTY CIRCUIT COURT INJUNCTION ORDERED AGAINST DOC REGARDING ACT 355 AND

WITHHOLDING PRISONER FUNDS DATE: March 20, 2018

Dear Secretary Litscher, DOC Legal Counsel, Warden Percy, Deputy Warden Ninnemann, Mr. Alvarez, and Mr. Stuessy:

Pro Se Litigant Background: My name is Peter J. Long and Tam an inmate at Oakhill Correctional Institution

("O.C.I."). I am currently serving a 5 year prison sentence for an OWl. I am well educated with a B.S. Degree in Industrial

Engineering from UW-Platteville (May 1991) and an MBA from UW-Milwaukee (May 1997). I am also the only state

inmate to ever take and pass the Law School Admission Test ("LSAT") while in custody. Further, I am a registered

member of the National Jailhouse Lawyers' Guild. Lastly, I served a total of 8'/2 years in the military as an infantry soldier

through the U.S. Army and the WIARNG and received an Honorable Discharge from service.

PLEASE TAKE NOTICE that the Dane County Circuit Court has recently granted the following injunction against

the Wisconsin Department of Corrections ("DOC") stating that its underlying interpretation of Wisconsin Act 355 by the

DOC of withholding more that 25% is [invalid], declared to be [invalid], and an injunction was issued preventing any

further [w]ithholding that goes above the 25% and the types of funds available.

Wisconsin Act 355 which was passed on April 11, 2016, had an effective date of July 1, 2016 ("Act 355"). Act 355

only modified the restitution statute and how restitution is collected under the restitution statute pursuant to Wis. Stat. §

973.20(1 1)(c). It allows the DOC to collect reasonable percentage. Act 355 does [not] apply to all fines, fees,

DNA surcharges, and VWS. These fines, fees, and surcharges continue to fall under Wis. Stat. § 973.05(4)(b), which

allows collection at a rate of 25%. (See attached Wis. Stat. § 973.05). The DOC's decision that 50% was, and is,

"reasonable" also conflicts with the 25% mandate of § 973.05 because pursuant to Wis. Stat. § 973.20(12)(a),

all restitution, fines, costs, fees, and surcharges are reduced to a single collection order at 25%. Further, there is nothing

in Act 355 which allows retroactive application. Therefore, Act 355 can only be applied to offenders sentenced on or

after July 1, 2016.

State ex reL Marcus J. Kerby v. Jon Litscher, Dane County Circuit Court Case No. 17CV 1363, provides, in part,

as follows: (See attached Circuit Court Order). (3)

HOLDINGS AND FINDINGS OF FACT: (Filed January 18, 2018)

1. The Circuit Court agrees with Respondent that the more specific statute at hand regarding 25% withholding of

certain funds per s. 973.05, governs. Subsection (b) limits the types of funds from which fines up to a maximum of

25% can be paid. Those types of funds do not include money from family or friends. They only include those

specifically listed. Any money received from family and friends are not [within] those categories, including the last

items listed at money due the clerk of courts. Family and friends do not [owe] such money. Id. (Also see attached

Wis. Stat. § 973.05).

2. No DOC rule can override that or any other specific statute. Act 355 did nothing to change s. 973.05. The orders

from the court stating the correct 25% maximum for withholding are, therefore, the [v]alid orders DOC must

follow. Id

3. Declaratory judgment and an injunction are appropriate and available remedies where an agency rule is

[u]nlawful and where needed to stop a practice, as here, that is not [a]uthorized. Id.

IT IS ORDERED, the underlying interpretation by DOC of withholding more than 25% is invalid, declared to be

invalid and an injunction is hereby issued preventing any further withholding that goes above the 25% and the types

of funds available. Id.

State ex rel. Joshua Howard v. Jon E. Litscher, Dane County Circuit Court Case No. 1 6CV325 1,

provides, in part, as follows: (See attached Circuit Court Decision and Order).

HOLDINGS AND FINDINGS OF FACT: (Filed February 1, 2018)

1. The DOC has disregarded a court order, arguing that it can "control the restitution rate even if a

court has impermissibly attempted to limit that authority." The weight of caselaw is contrary to the

respondent's assessment. Id. at 2.

2. The DOC has not been granted the authority to void or reverse circuit court judgments.

3. The DOC received an order requiring it to collect from Petitioner funds for surcharges and

restitution at a rate of "up to 25%." The DOC, aware of the court order, instead collected at a rate of

50%. This amounts to a failure to follow the law. Id. at 3.

Wis. Stat. § 973.05(4)(b) provides as follows:

"Issue an order assigning not more than 25 percent of the defendant's commissions, earnings, salaries, wages, pension

benefits, benefits under ch. 102, and other money due or to be due in the future to the clerk of circuit court for payment of

the unpaid fine, surcharge, costs, or fees. In this paragraph, "employer" includes the state and its political subdivisions."

(emphasis added).

The Aforementioned Circuit Court Orders apply to ALL DOC inmates, to include ALL inmates at Oakhill

Correctional Institution pursuant to Wis. Stat. 4 227.10(3)(c) and the Equal Protection Clause of the Fourteenth

Amendment to the U.S. Constitution:

Wis. Stat. § 227.10(3)(c) provides, in part, as follows:

"Each person affected by a rule is entitled to the same benefits and is subject to the same obligations as any

other person under the same or similar circumstances."

Lawful imprisonment necessarily makes unavailable many rights and privileges of the ordinary citizen, a

"retraction justified by the considerations underlying our penal system." Price v. Johnston, 334 U.S. 266, 285 (1948). But

though his rights may be diminished by the needs and exigencies of the institutional environment, a prisoner is not wholly

stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain drawn between the

Constitution and the prisons of this country. Haines v. Kerner, 404 U.S. 519 (1972); Wilwording v. Swenson, 404 U.S.

249 (1971); Screws v. United States, 325 U.S. 91(1945).

The Fourteenth Amendment forbids a state to "deny any person within its jurisdiction the equal protection of

the laws." That means "that all persons similarly situated should be treated alike." City of Cleburne, Tex. v. Cleburne

Living Center, 473 U.S. 432, 439, 105 S. Ct. 3249 (1985). The Fifth Amendment requires the federal government to obey

the same equal protection standards as the states. Weinberger v. Wiesenfeld, 420 U.S. 636, 638 n.2, 95 S. Ct. 1225 (1975).

The Supreme Court has held that an individual who claims he has been treated differently from others similarly situated,

intentionally and without rational basis, states an Equal Protection Claim as a "class of one." Village of Willowbrook v.

Olech, 528 U.S. 562, 564-65, 120 S. Ct. 1073, 1074-75 (2000). A "class of one" equal protection claim will be

evaluated under the rational basis test. Borzych v. Frank, 340 F. Supp. 2d 955, 970(W.D. Wis. 2004). The plaintiff in such

a case will be required to show, not only that he was badly treated, but also that persons similarly situated were not treated

that way. Alicea v. Howell, 387 F. Supp. 2d 227, 236 (W.D. N.Y. 2005).

(4)

RELIEF REQUESTED

Technically an order applies only to the litigants in the case, but as a practical matter, it must be applied across

the board and applies to all of the DOC institutions and centers pursuant Wis. Stat. § 227.10(3)(c) and the Equal

Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Judge Gaylord ordered the DOC to stop

deducting 50% from inmates' wages because 25% is the law in Wisconsin; Wis. Admin. Code - DOC 309.45.02 is illegal.

Further, taking court costs, fine, fees, DNA surcharges, VWS, and restitution money out of family and friends gift money

is also to stop as it is illegal and not [a]uthorized by statute. Id. at § 973.05.

Please be advised that, by notice of this legal letter, all above named individuals and departments have been made

personally aware and knowledgeable of the injunction against the DOC and are obligated to immediately cease their

illegal activities. Failure to comply with this Court Ordered Injunction and Wis. Stats. § 227.10(3)(c) and § 973.05,

after having knowledge that the current actions are illegal, will create liability based upon an individual capacity for future

lawsuits.

I am respectfully requesting that the DOC administration in Madison instruct and order OCI administration and

the OCI Business Office to comply with the Court Ordered Injunction by only deducting 25% of offenders' wages to pay

fines, fees, court costs, DNA surcharges, and VWS. Further, since § 973.05, governs, and subsection (b) limits the types

of funds from which fines up to a maximum of 25% can be paid, those types of funds do not include money from family

or friends. They only include those specifically listed. Id. at § 973.05(4)(b). Therefore, gift money cannot be touched to

pay fines, fees, court costs, DNA surcharges, and VWS.

Respectfully Submitted By: PeterJ.Long, Pro Se Litigant & Registered Member of the National Jailhouse Lawyers' Guild

Organizations Reaching Out to Inmates:

WAYJ Wisconsin Alliance for Youth Justice questions or concerns can be sent to the address below. Due to limited

capacity, WayJ is only able to correspond with people who would be directly impacted by their current project scope.

People who were convicted of a crime committed while under that age of 18 years old that resulted in a life (or defacto)

sentence fit the project scope. WayJ /PO BOX 12/Sheboygan Falls WI 53085

BLACK & PINK (B&P) “Black & Pink is an open family of LGBTQ prisoners and 'free world' allies who support each other. Our work toward the

abolition of the prison industrial complex is rooted in the experience of currently and formerly incarcerated people. We

are outraged by the specific violence of the prison industrial complex against LGBTQ people, and respond through

advocacy, education, direct service, and organizing.” Write for a free subscription to our monthly newspaper. Sign up for

our pen pal program and other services through the Newspaper. We offer a limited amount of advocacy for people in

prison or formerly incarcerated. Our chapters do local organizing and support.

614 Columbia Rd www.blackandpink.org Dorchester, MA 02125 members@blackandpink.org

Black And Pink: TGLB support , penpals/ PO Box 12244 Milwaukee WI 53212. http://www.blackandpink.org/

NARSOL :National Association for Rational Sexual Offense Laws / PO BOX 36123,ALbbuquerque, NM 87176 Newsletter for prisoner 9$ yearly, 17$ for two A freebee of this newsletter was sent to FFUP last month- very good articles on current law throughout the country and lots on current hardships faced by released SO and efforts to ameliorate . Good Rag.

THE WISCONSIN PRISON SYSTEM IS WORSE THAN IT'S BEEN IN 44 YEARS!

(And what can be done about it!)

By Milton J. Christensen #66280/Marshall Sherrer Correctional Center/1318 N. 14th St. Milwaukee, WI 53205

I was first sent to prison [Green Bay State Reformatory - now GBCI] in 1974 at age 18... and unfortunately I've been

in and out of jails and prisons in Wisconsin a total of 44 years since then. I began studying law, criminal justice and prison

reform within a week of entering the built in l859 Reformatory ... and have continued my studies ever since. I’ve been

paying close attention to the system over the years, in my opinion it has digressed to being the worst it's ever been!

A large part of that is due to TRUTH AND SENTENCING, but there are a variety of other factors causing said

digression as well. In a near future article I will outline all the various factors, but for now I would like to ask: Has anyone

ever read WISCONSIN STATUTE SECTION 301.001? Read VERY CAREFULLY THE EXTREMELY POWERFUL

language it contains: (5)

CORRECTIONS

301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by

an attack on their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate

and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304,

the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop,

support and maintain professional community programs and placements.

History: 1989 a. 31, 107; 1995 a. 27.

This has been on the books since 1989! but it seems it has been completely ignored by all Wisconsin Governors,

legislators, and sadly the Department of Corrections!

It's clear to me NONE of them are:

- Attacking the causes of crime

- Providing a just, efficient program of rehabilitation

(Yes, the DOC has a number of programs - but in my opinion they are "greatly lacking in many ways! eg. they don't

involve THE FAMILY in any meaningful way in any of their AODA programs)

- Not avoiding sole reliance on incarceration and are not continuing to develop, support and maintain professional

community programs.

As can be seen near the end of the statute it states, "...the legislature intends..." I can't recall anywhere in all 6

volumes of the WISCONSIN STATUTES where a statute actually contains the word "intends" or "intent'.'! This of course

goes to what is called "legislative intent."

This is a very POWERFUL statute and everyone wanting to change/ improve the prison/criminal justice system

needs to come together and MAKE THOSE IN POWER FOLLOW THIS CRYSTAL CLEAR plain language!

In a soon to be follow-up article I will outline the various ways I believe the above can be accomplished. I am also

working on trying to put together a TEAM of attorneys who are willing to help.

Again in closing, I ask, how many of you have ever read this statute? (And if you have, did all of the specific

language jump out at you the way it jumped out at me?)In the meantime spread the word to EVERYONE YOU KNOW

both in the joints, and outside to NOT vote for GOV. WALKER in January 2019 when his term expires....

(Will answer anyone who writes me here at Marshall Sherrer [address at top]. Milt.)

BRAVO WISDOM!!! Bill to build new prison passed house and was headed to the senate where is had good chance

of passing. Enter Wisdom. The message below is from David Liners, head of WISDOM

Senate Bill 54 is dead!

Many WISDOM leaders helped to lead the opposition to SB54, the bill that would have irresponsibly

spent $350 million to build a new prison in Wisconsin. After so many visits and phone calls, the State Senate

decided not to even vote on it: they completely dropped it from their agenda yesterday.

This is huge victory, and it sets the stage for serious conversations about how our state must responsibly reduce

the prison population. WISDOM members really answered the call last week. Hundreds of you contacted

Senators' offices. About 100 of you went to the Capitol on short notice: besides more than 50 MOSES

members, there were people from MICAH, RIC, CUSH, ESTHER, JOSHUA, NAOMI and JOB. We made a

difference!

The Race to Justice Campaign now builds on that momentum. The first Race to Justice training will be this

Saturday in Wausau. Besides learning a lot about needed reforms, we will be building our statewide strategy to

ensure that real change in the Criminal Justice system is a top theme of the fall elections.

The Race to Justice training will also be held in Milwaukee, Madison, Green Bay, Superior, and Eau Claire. Visit http://www.rocwisconsin.org for details. (6)

TWO by Lene Cespedes- Torres 122605; NLCI Po Box 4000; New Lisbon, WI 53950

STRICKEN WITH GRIEF

Today I feel confused and I do not understand the coming of grief again.

Another death in this prison NLCI, a young man took his life in the midst of his life confusion. Only twenty five years old

and gave up under the weights of this earth pain and gone so young, I don't understand.

He entered the spiritual, world and his family and I left with a heart broken all alone.

Many love ones leaving for ever more into the promised eternal life that while alive we all don't know!

I am so confused and my feelings and emotions multiply, and all I do is lay in my bed pillow and just cry and cry.

There are thousands of things that I would like to do, but my mind and body is overwhelmed with grief.

No motivation, no energy at all and not much to do in this prison cell.

I am trying to focus and my mind tries to trick me and I get more confused every minute of the day.

Tomorrow I try to reach, but will it ever get here? I know it is not promised for you or me and for our fellow human

beings.

Every day they come and see me and the funeral director told me this much: "Your arrangement should be made, your

incarceration is forty years or more and you may not make through the exit of those prison doors.”

Here every day I am going insane, looking at the future that may never be mine. What a waste of life!

I have no choices when I see everyone passing on into the afterlife, wondering if I will ever have my chance to be free at

last one day.

.

The pain runs deep, and the suffering is too much, I feel the burden and pain for the family of that young man that took his

life.

Living for the moment and heart filled with grief, looking for tomorrow that is distancing from me.

DOING TIME

Thirty 38 years of life put away! A boy sentence to a life sentence! A brain that was just a youth! With no intention to kill, or do any harm, the law had him locked up.

A juvenile that time has paid and the injustice still lingers until today. The brain did not think or rationalize as an adult, but the penalty was to sentence him to life.

The Supreme Court of this free land mandated to look at me and you as an individual and to see to it that in prison you shall not die.

The DOC system is failing us and here we age day and night. I was just seventeen by two month, I recall a young confused boy. No mother or father to assist him, and the wave of this

giant justice System took him for a ride and here 55 years old still, wait for his chance to come in this prison cell doing time

How much time is enough time served? Losing the teen years, the twenties, the thirties, fourties, and fifties. Educated and following the rules as asked to do so but still not opening those steels doors. Time and time again the promises fail us

and today -I feel, lost in the political chaos.

From: We the Forgotten

Leighton Lindsey 423758; CCI

Mental illness- there are over 100 million people living with some type of mental illness and the DOC was made

aware of this. However after 2 years of being informed that prisoners with mental illnesses were being kept in the

dungeons called segregation now being called restricted segregation housing units in Wisconsin, the DOC is back at it

..(showing us how much they really don’t care)….. There are no out of cell programs available for inmates in seg at CCI

except DBT and not all mentally ill inmates qualify for that program and not all mentally ill inmates know about the DBT

program because psychological services doesn’t tell them.

Psychological services has done nothing but accommodate securities tough on crime agenda that includes punishing

Mentally ill prisoners, ignoring psychological therapy needs of prisoners who are high functioning mentally ill prisoners.

In fact the number of psychologists has been reduced from four to one in one of the CCI segregation buildings. That (7)

building has over 40 inmates and over half at any given time are mentally ill. It does not help matters when the

psychologist that’s assigned to provide therapy to the forty plus inmates is best friends with the guards what work in seg.

There are radios assigned to each of the four ranges (tiers) in the segregation building. The radios are for coping and

psychological services control them however the psychological guard that’s in charge of escorting inmates abuses his

authority by taking the radios away if prisoners make him mad. Instead of addressing the issue with the prisoner that did

the offensive act towards him the guard punishes the entire range despite knowing music news from the radio helps

inmates cope with being in segregation.

Depression is something we cannot turnoff at the snap of a finger/ I’ve spent none years in solitary confinement ( the

hole) . I’ve learned to make my cell a sanctuary which is a room that provides peace. I can’t find anywhere else while

incarcerated. I’m aware I need help and that therapy is the best tool but with the lack of psychological services for inmates

in segregation I’m constantly reminded that CCI staff segregation unit manager, deputy warden, Warden and security

director do not care! No one knows how dark of a place us mentally ill prisoners are in. Some of us wear our scars on our

faces, chest, legs, arms and necks while some of us are mentally scarred. Being mentally ill is not a weakness- it is an

illness that impedes us from being all we can be. Some of us have been taught to persevere and come out stronger

because being vulnerable and weak is not acceptable, but I’ve learned that not being honest with your problems prevents

you from receiving the help you need which can have a devastating effect in the present and future. Industrial Workers of

the World , Black and Pink. Forum for Understanding Prisons, are just some of the many outlets that allow us to use their

influence as a platform.

We are survivors despite our ups and downs, despite our scars and despite our significant hardships that we endure.

Isolation with little help or no help can be crippling. Segregation has consumed me and other prisoners and it is difficult to

know just how severely we are crippled, We must do all we can to try to get help and expose the Wisconsin Department

of Corrections prisons for denying or providing inadequate mental health treatment. Medication is not always the right

answer so insist on face to face therapy as well. The Warden , Deputy Warden, Unit Managers, security Director of CCI

have egos that refuse to listen to pleas of us suffering mentally ill prisoners or any prisoner. To them, no prisoner is an

equal. We are beneath them, why would they help provide adequate , quality therapeutic mental health treatment when

they need prisoners to come back to prison and receive additional prison time to keep their job security. I’ve been in

segregation 9 years and it’s been a roller coaster ..The inability to progress and sustain any type of positive behavior has

been difficult especially when I know that I’m not receiving the help I need . Like myself, other inmates just cannot cope

with the everyday significant hardships of confinement so it’s very important to do a lot of preventive work within

ourselves. We must know ourselves to not give in to our explosive urges that makes our circumstances worse. We

must learn from our circumstances. We must learn from our failures and explore different ways to get help w need.

Remember the DOC doesn’t care about u so you gotta care about yourself. In solidarity. 10 7 1 7

Activists Combine Efforts to Produce a Powerful

Play on Solitary

Had its first performance march 2018 . Video can be seen here in edited version: https://youtu.be/_r_0KVqkEE4 The play was put together by Talib Akbar and Reverend Tonen O’Connor , a Buddhist priest who spent many years working with prisoners in solitary. The performance was well attended and the play will be performed around the state. The whole thing was powerful and gave a pretty complete view of life in there. Description on internet:“This video documents a staged reading of written correspondences from people either currently held in solitary confinement or first-person testimonials of those who have survived it. The Wisconsin Department of Corrections routinely subjects incarcerated people to months and years of extreme isolation in solitary confinement. Locked-down and alone for twenty three hours every day, their one hour of daily "recreation" takes place in an empty pen that resembles a dog cage. Many never get the opportunity to leave their cells or have any meaningful human contact. People emerge from these experiences deeply traumatized and damaged. In the hour-long performance at Plymouth UCC Church in Milwaukee, survivors share their experiences from solitary confinement and tell how it has changed them.” Timothy W Coursen, Published on Mar 24, 2018

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AN ENDEAVOR TO END RECIDIVISM

Rufus West a/k/a Muslim Mansa Lutalo lyapo/November 9, 2017

What can the justice system do differently than it's doing now to reduce recidivism'? What programs, if any,

should the judicial system put in place to reduce recidivism? Although these are two separate questions, my answers to

them are the same.

First And foremost, I feel that, there needs a heavy emphasis on establishing a mentor department made up of

mentors who are dedicated to ending recidivism. The establishment of this program begins with working with the

community and the Department of Corrections to recruit people, especially prisoners and ex-prisoners, to be a part of this

effort. Those who are prisoners will not be on a payroll, but will instead act as advisers until their release, at which time

they can apply to be employed in their official capacity. The mentor mission statement has to include objectives that

include a mentor program inside the prisons. The idea is that a mentor program that begins inside the prisons increases the

chances of a successful transition back into society with greater chances of avoiding returning to prison. It is critical to

introduce prisoners to this mentor program as early as possible so that the prisoner is incessantly mentally engaged in

preparing for success. The idea of prisoners and ex-prisoners being a part of the staff is rooted in the fact that their

experience makes them more credible in knowing what works to prevent them from returning to prison.

Secondly, there, needs to be more investments in alternative-to-prison programs, e.g. house arrest that includes

participating in the mentor initiative for a period of time', and/or participation in the Restorative Justice Program.

I believe that there also needs to be a mental health clinic that specializes in providing psychological treatment to ex-

prisoners.

The last question is, how do I feel society looks at “offenders?” Majority of society looks at "offenders" disdainfully

as "them," and not..."us." The danger of this perception is that it allows for the psychological indoctrination of

dehumanizing people. This progression is actually a regression backwards to this country’s European Lifestyle when it

openly held that "Africans" and "Natives" were not considered humans, but were named "slaves" and "savages,"

respectively.

Systematically dehumanizing people with brainwashing techniques begins with labeling these people with

derogatory names, e.g. "slave," then evolving over the years to "prisoner," to "convict," to '.'inmate,.'..and finally

"offender”. I began with "slave" because the Thirteenth. Amendment to the United States Constitution legalizes slavery:

Neither slavery nor involuntary .servitude, except. as a punishment for crime whereof the party shall

have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Emphasis added, underlined.)

If we are going to be honest, we have to come to grips with the fact that a legal marriage exists-between.- slavery

and the criminal justice system. Its current relationship exists in a more sophisticated and subtle manner that famed author

Michelle Alexander calls', "The New Jim Crow." It is through this institutionalization that society bets against the

"offender' by making a "felony" conviction a legitimate reason to deny the "offender" employment, housing, financial

support, and equal opportunities for obtaining a college education, intimate relationships with a significant other who

fears discrimination or being ostracized because of their relationship, and opportunities to shape their future via the

political arena. This is clearly a recipe for ostracizing a people. It's akin to inviting a group of people to dine with you but

you're the only one who gets to eat. The only one dining is you.

Fyodor Dostoyevsky once stated, "The degree of civilization in a society can be judged-by entering its prisons." I

submit to you that with all of the institutionalized obstacles in an "offender's" path, the prison for that person exists

regardless of what side of the prison wall he or she is on. The bad attitude that society has towards "offenders" is like a

flat tire, until it is changed, as a country, we cannot go anywhere.

Salaami!

Rufus West, #225213 a/k/a Muslim Mansa Lutalo lyapo/

P.O. Box 19033 (GBCI)/Green Bay, WI 54307

Founders Notes Preliminary note: There has been a glitch in the delivery of 35 stamp orders/were deleted due to misunderstanding- now reinstated

and will be delivered soon

This newsletter is long overdue partly because I have been more swamped than usual, but mostly because there are

few issues resolved at present and most our endeavors are still too vulnerable to be adequately reported on. Please share

this rag as I am putting out only slightly above the minimum to get Non -profit postage rates and will be putting another

out soon. It is a high energy time, I think worldwide, as the “Me too” movement and marches against gun violence and a

host of other actions attest. I hope we in Wisconsin working on prison issues and those living in our gulags can muster the

courage and energy to join in and make real change now. (9)

FFUP’s Future: I am 70 and infirmities are a’coming to my husband and I, and the warning bell has sounded that

prisoners and I need to get some kind of structure for FFUP if what we have started here is to outlast me. I have an idea,

the first leg of which I sent to litigators I work with in there. The response was good. For prisoners having issues with the

prison that rise to the level of needing litigation, the plan is to connect you with a guide- not to do your case, but to guide

you in learning the law or cooperate with you if you know the law and would like to make your case as consequential as

possible.

The bare bones of this we have been doing for a long time, albeit not consistently. Now, as the two lawsuits against

the abuse of Act 355 attest, (see page one), single lawsuits have a hard time affecting change for all. The DOC is

appealing the decisions and the money is still disappearing from prisoners’ accounts, although I hear a few prisons have

voluntarily stopped the stealing. The Peter Long letter citing the fourteenth Amendment on page 3 possibly gives us a

template for strategy building on the two cases won.

I bring this up now because here is a good example of the need for combining efforts. I hope we can build a structure

where we combine cases in either joinders or class actions to finally address the ongoing problems at their root and get

changes in the system as well as the money/damages that are usually the only positive result of single actions. The plan is

to have well seasoned litigators help guide and /or work with prisoners who have similar complaints and file multiple

plaintiff actions, either joinders or class actions as circumstances allow- For example: ADA complaints, lack of health

care, PREA non existence are all piled up in FFUP’s inbox- we combine some of these. There is also good possibility for

a good go at one of the pillars that keep out parole system stuck. The list of possibilities is long and if we work together,

we can do this.

FFUP will continue to help with stamps and paper and copying and will add paying filing fees and expenses of

litigators who are working toward the bigger picture. At present FFUP is working with prisoners on a multiple plaintiff

action against overuse and abuse of solitary which is soon to be filed and we are watching carefully the fate of what could

be a far reaching effort on health care. Both these cases will be templates and show us paths forward. We intend to help

establish some balance in the system, to move us away from the anything goes punishment only ethic that seems to rule

the WI DOC now.

BUT WHERE IS THE money going TO COME FROM? Paying filing Fees? paying expenses for litigators?

More stamps and paper / And and and. YES we need fundraising FFUP has a GOFUNDME account- it goes well

considering it is neglected. GOFUNDME, for all the hype, goes nowhere unless you spend time using social network to

spread it. I have no “social network” on the net and my prison work takes all the computer time I can handle. So after

plumbing family and a few friends, I am done and they can give no more.

A) What I am thinking is that you, the prisoner, go to your families and ask them to go to their social networks and

churches to help fund and help build a wider network. Together we can find ways of making real change. We can also

influence the legislature, get bussing going again and a program to get prisoners connected before they leave prison. Oh

the dreams FFUP has collected from prisoners and I have had over the years- they are possible still –we just have to

connect finally. We can sell prisoners arts and crafts on the net. Again, I have tried that but we need someone committed

to spending time on the internet spreading the word

. B) So for starters, we need names and addresses of prison ministries in your churches- enough info that we can find

a contact person to air this idea to. Ask you families what they think of the idea and if they will help. Our gofundme

account now is slated to help with stamps, paper, books and legal guides. With this new venture, we will have a new

campaign and pay Filing fees ( when appropriate), and expenses for litigator helpers will be added. Also, if we really

take off- solitary folk need their books, radios and tvs to survive- I do the headphones and antennae when I can but that

is all.

C) FFUP needs people to help with general social media work- for facebook, our numerous blogs, and all the rest.

All lie mostly dormant as I can’t get there- an hour a week would make a lot of difference. Also we need help making

campaign materials and proofreading, consulting on fliers and pamphlets.

D) I know people need to make a living and get paid before spending a lot of time on any venture. We need to

develop grants to pay part time coordinators and gradually develop a division of labor if the programs we have started

together are to persist and if we expand to develop our dreams..

Contact FFUP here with your ideas and donations:

FFUP c/o Peg Swan/29631 Wild Rose Drive/Blue River, WI 53518/ pgswan3@aol.com/ 608-536-3993

For donations: Make checks out to Prison Forum/( address above) or give to www.gofundme.com/prisonforum.

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