‘Protective Management’ in Florida’s Gulag

harold-hempstead-2
Harold Hempstead

 

One of the duties of the State is the protection of its most vulnerable prison inmates from the most dangerous and predatory. Certain prisoners fall into these special categories that require them to be segregated from general population – either because they are particularly vulnerable, and should be housed in Protective Management housing units; or because they are particularly dangerous, and should be housed in Close Management housing units.

 

The following sworn statement by Harold Hempstead – who’s serving one hundred and sixty five years for allegedly organizing various burglaries – describes how the Florida Department of Corrections is blatantly abusing its responsibility towards the basic human rights and civil rights of its prisoners by placing violent predators in ‘Protective Management’ units. This is being done as policy and is a way of taking away even a minimum sense of protection from inmates.  This official disregard for the rule of law has led to much suffering, fear, injury and death, constituting cruel and unusual punishment.

For bringing this issue to the attention of the press and media, whistle-blower and witness Harold Hempstead has himself suffered serious persecution at the hands of the jail authorities. Please read his evidence and use your free speech to help share this info – these days, Human Rights need all the help they can get.

SWORN AFFIDAVIT

To: Vanita Gupta, Assistant U.S. Attorney General, U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue Northwest, Washington D.C. 20530.

American Civil Liberties Union of Florida, Attn:  Howard Simon, 4500 Biscayne Blvd. #340, Miami, Florida 33137.

Stop Prison Abuse Now, Attn:  Steven Wetstein, mailed to home address.

———————————————————————

Protective Management Status in the Florida Department of Corrections (FDOC) is a classification status FDOC uses in an attempt to comply with their 8th Amend. Const. Duty To Protect Prisoners from harm by other prisoners and the U.S. Supreme Court’s decision in Farmer V. Brennan, 511 U.S. 825, 164 5 Ct. 1970 (1994)

The following types of inmates are legally housed in P.M. Unit Status: Prior Law-Enforcement, Ex-Government, High Profile Inmates, Transgenders, Petite or Young Inmates whose size or characteristics show they’d have protection problems in General Population, and Inmates FDOC Has Verified Have Been Subjected To Sexual Battery (FAC 33 – 602.220 (3) (c) 3).

FDOC has been housing gang members in FDOC Protective Management for approximately ten years now. These gang members are reigning terror in Protective Management Units by committing severe acts of violence against inmates the FDOC are supposed to be protecting with the most protection.  Out of the approximate 400 Protective Management inmates in FDOC dozens of them are registered gang members with FDOC and the Florida Department of Law Enforcement (FDLE) (FLA.STAT.: 874-09)

FDOC used the words “Security Threat Group” to identify gangs. The following rule says that FDOC is supposed to place gang members in Close Management: Fac 33-601.800 (2) (A) 2. N, (2) (C) 2.6. Instead of placing gang members in Close Management which they qualify for by FDOC ‘s foregoing own rules, FDOC has been placing gang members in Protective Management which they do not qualify for by FDOC’s following rule: FAC 33-602. 220 (3) (c) 3.

FDOC has a classification system called the “Inmate Risk Management System / Sexual Risk Indicator”.  (IRMS/SRI).  The two highest rankings on the IRMS system are “Identified Predator” and “Potential Predator”.  FDOC considers the inmates that have these rankings as the most physically aggressive inmates in FDOC.  FDOC has been placing inmates in Protective Management Units that FDOC deems predators by their own IRMS classification system and/or qualify to be ranked as predators by the IRMS classification system.  These predators do not qualify for Protective Management by FDOC own rule (FAC 33-602.220 (3) (c) 3.), but these predators do qualify for Close Management by FDOC following rules: FAC 33-601.800 (2) (B) 2.B., F., H., 33-601.800 (2) (C) 2.D. These predators are committing severe acts of physical violence in Protective Management Units to inmates FDOC are supposed to be providing with the highest protection.

On the SRI classification system “High Aggressive Risk” and “Moderate Aggressive Risk” inmates are considered the most sexually violent inmates in FDOC. FDOC has been placing these types of inmates that have these rankings on the SRI classification system, or that qualify to be ranked as such in Protective Management Units.  These Aggressive Risk inmates have been raping and sexually battering inmates in Protective Management that FDOC is supposed to be providing with the highest protection.  By FDOC own rules, these sexual predators qualify for Close Management (FAC 33-601.800 (2) (A) 2.L, 33-601.800 (2) (B) 2.H) and do not qualify for Protective Management (FAC 33-602.220 (3) (C) 3.)   The foregoing actions violate the Prison Rape Elimination Act (42 USC : 15601).

FDOC has not only permitted these gang members, predators, and sexually aggressive inmates into Protective Management Units in violation of FDOC’s own rules, but FDOC has also allowed these inmates to reign physical and sexual terror on inmates that qualify for Protective Management and that FDOC is supposed to be providing with the most protection in FDOC. In other words, FDOC has placed gang members, predators, and sexually aggressive inmates in the same housing wings with ex-law enforcement and government inmates, high profile inmates, transgenders, petite inmates and those inmates FDOC has recognized as being on their own IRMS classification system as “Identified Prey” and “Potential Prey” inmates.  This is in violation of Federal Law.   Marsh V. Butler County, Ala. 268 F.3d 1014 (11th Cir. 2001);  Brown V.Budz, 398 F 3d 904 (7th Cir. 2005).

Additionally, FDOC staff at the institutions where Protective Management Units are located refuse to adequately discipline these inmates when they commit their extreme acts of physical and sexual violence. Since affiants’ June 20, 2014 placement on Protective Management, he has witnessed inmates spend an average of 30 days or less in confinement for stabbing Management inmates, sexually battering Protective Management inmates, hitting Protective Management inmates in the head with broomstick, and face and head with steal locks, and physically battering Protective Management inmates after spending their thirty days or less in confinement, these gang members, predators, and sexually ageressive inmates are placed back in a Protective Management Unit where they resume their reign of terror.  The failure of FDOC to take corrective action in response to high rates of assault or to particular patterns of assault violates the 8th Amend. of the U.S.Const.. (LaMarca V. Turner, 6.62 F.Supp. 647 (J.D. FLA. 1987), Abrams V. Hunter, 910 F.Supp. 620 (M.D. FLA. 1995). This failure to take corrective action also violates FDOC’s following rule: FAC 33-600. 800 (2) (A) 2. B, L, (2) (B) 2. C,F,H.

The following FDOC documents will prove the matters stated herein (1) The Housing Rosters on all four Protective Management Units. (2)  The classification files of all the inmates on Protective Management status.  (3)  The Disciplinary Records and Protective Management records of all the inmates on Protective Management in FDOC.  (4)  The Incident Reports for the last five years of all the incidents in the four Protective Management Units.

Affiant previously filed 42 USC : 1983 Civil Rights Complaint Lawsuits in the Jacksonville Federal District Court (Case No.:3:2015-CV-00130, 3:2015-CV-00374, and the Miami Florida Federal District Court (Case No.: 1:15-LV-23367) that are located on the internet on “pacer”.  These lawsuits mention in some detail the violations of Federal law mentioned herein.

Copies of prior sworn affidavits affiant filed on the unconstitutional conditions of FDOC Protective Management Units can be reviewed at: http://www.helpmybrotherharoldhempstead.wordpress.com;  http://www.wobblywarrior.wordpress.com;  and at SPAN (Stop Prison Abuse Now) at Nationinside.

FDOC has a long documented history of setting up inmates with frivolous Disciplinary Reports and subjecting them to retaliatory transfers when inmates assert their rights under the First. Amend. of the U.S. Const..  Affiant is concerned that FDOC might attempt to censor affiants assertion of his 1st Amend. Rights by subjecting him to retaliatory disciplinary action via a frivolous Disciplinary Report, or to a retaliatory transfer.  Affiant was not told this would happen as of the date on this affidavit, but he does know that FDOC staff do not like that affiant is trying to obtain help for the victims in Protective Management Units in FDOC.

Around the beginning of April 2014, affiant’s wrist was broke prior to transferring from Dade C.I.. Affiant was called to the Transitional Care Unit (TCU) at Dade C.I. to clean up a blood spill on the upper tier in wing J3.  The events that happened afterwards caused affiant to get nervous and take flight running down the stairs from the upper tier to the lower tier.  Affiant fell while doing the foregoing and broke his right wrist.  Since the foregoing FDOC staff have refused to arrange surgery for the affiant’s wrist at a safe location until recently.  Presently medical staff at Martin C.I. have arranged for affiant to have wrist surgery at a safe location.  Affiant believes FDOC staff might attempt to transfer him to a location where he cannot have the wrist surgery at the doctor’s’ office hes’ been approved to have surgery at as a form of punishment for his attempts to help the victims in Protective Management Units in FDOC.

FDOC staff are clearly subjecting the inmates who qualify for Protective Management to violations of their 8th Amend. Right to protection from cruel and unusual punishment by failing to protect them, and to prison rape in violation of the Prison Rape Elimination Act (42 USC 315601).

Relief sought: Affiant is requesting that the U.S. Department of Justice conduct an investigation into the unconstitutional conditions in FDOC PM Units to protect the civil rights of those incarcerated in them in accordance with Civil Rights of Institutionalized Persons Act (CRIPA) (42 USC : 1997). Affiant will assist in anyway he can with said investigation.

Unnotartized Oath

Under penalty of perjury, I swear that everything stated herein is true and correct.

Executed on this 15 day of March 2016.

Affiant: {Signature of Harold Hempstead appears here on original document}

Harold Hempstead, D.C.# 268866

Martin Correctional Institution

1150 Southwest Allapattah Road

Indiantown, Florida 34956

C.C.

Florida Senator Greg Evers

Chief Inspector General Melinda Miguel

FDLE Commissioner

Florida Justice Institute (Randall Berg)

Florida Legal Services

Disability Rights Florida (Molly Paris)

Forgotten Majority Inc.

Human Rights Defence Centre (Lance T. Weber)

Miami Herald newspaper (Julie Brown)

CBS4 Miami (Michele Gillen)

WTVT Fox 13 (Craig Patrick)

New Yorker Magazine (Eyal Press)

Windy Hempstead

Susan Chandler

George Mallinckrodt

Advertisements

Author: hhccblog

I'm the editor of the Harold Hempstead Caged Crusader Wordpress. My name is Jeremy Schanche. You can contact me at the blog. The blog exists to bring justice for the murder of Darren Rainey and to address the numerous human rights violations in the Florida Department of Corrections.

5 thoughts on “‘Protective Management’ in Florida’s Gulag”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s