To NDOC: STOP RETALIATION against prisoner for filing grievances and lawsuits

The grievance process in prisons was ESTABLISHED TO GIVE PRISONERS A LEGITIMATE MEANS OR AIRING THEIR COMPLAINTS – as a direct result of the Attica Rebellion (1971). The Attica Rebellion occurred because prisoner had a no legitimate means of having their grievances and complaints heard by the prison administration.

NV-CURE would like to see the NDOC STOP RETALIATION against prisoner for filing grievances and lawsuits.
NV-CURE has been trying to stop this retaliation for a very long period to time.  Nothing has been done to stop it.  The retaliation has not stopped and has, in fact, increased. Something must be done.

We want the retaliation in Nevada prisons to stop and we would sincerely appreciate the Director taking action to stop it. 

Below is a letter from a prisoner at Ely State Prison (ESP) about retaliation by guards to prisoners who speak up on the conditions inside:
Retaliation is running rampant within NDOC.
7-29-2016
Because I wrote grievances and letters to the Director regarding the conditions in Unit 8 at S.D.C.C., when Assistant Warden (AW) Adams received a copy of the letters I had written to Director Dzurenga, I was put on a special trans[port] to Ely State Prison (ESP) within a week and when I arrived at ESP, I was confronted by Sgt. Manning [whom] I had sued in 2008, and [I was] verbally threatened, then he told all the officers in the area:

“This one likes to take you to court, make sure he gets special treatment,”

and when I received my property two days later, many items were missing, including such things as my CD-player, AC/DC adaptor, beard trimmers and other small items like bowls, watch, etc.

All of the appliances were on my property card and were inventoried prior to transfer, but they have now vanished.
Property officers also removed my heart- and bloodpressure medication from my property and now I have gone eleven (11) days so far without any medication even after filing an Emergency Grievance and kites to Medical.
Now let me tell you about the food that is being served here at ESP now.
Meals are now served on small styrofoam trays (very small), the portions have been cut down to maybe a quarter of regular, and now we are served only items like hamburgers, hot dogs and chicken patties every day.
Tonight’s dinner was one chicken patty, eight french fries and a bun, no desserts or anything. Lunch was two slices of bologna, four slices of bread, and two crackers period. Breakfast was one fried egg, five  tater tots, two table spoons of oatmeal and the same of fruit cocktail. This is no way nutritionally adequate compared to a 2000 calorie diet standard set by federal guidelines for dietary standards. 
I have begun the grievance process on both of these issues and fully intend to file a lawsuit regarding this and other issues like my disciplinary hearing where I was denied witnesses after I filed grievances regarding conditions,…

Deputy Director of NDOC denies solitary confinement torture at Ely State Prison – ACLU and Nevada Cure know better

Here is the video/audio recording of E.K. McDaniel, Deputy Director of NDOC stating, “We do not have solitary confinement in the Nevada Department of Corrections.” He said this during the Public meeting of the Advisory Commission on the Administration of Justice (ACAJ) on 03/05/2014.

The ACLU starts the segment on solitary with a very good expert psychiatrist. This is at the very beginning of segment Xl, and it’s worth listening to.

Then McDaniel starts his manipulation of the ACAJ at 6:05:33 and almost immediately says the above quote and then launches into all the luxuries and benefits of “segregation units”. Not solitary confinement, though. We don’t have that.

http://nvleg.granicus.com/MediaPlayer.php?publish_id=6cf4fa0f-f784-1031-a551-f3fb1162b875

03/05/2014 Advisory Commission on the Administration of Justice (2650) – Room 3137 – Mar 5th, 2014.


Ely State Prison: A Solitary Confinement Torture Dungeon in Nevada


Ely State Prison is a prison with most of its units on a permanent lockdown. Most prisoners are being kept in solitary confinement for years, which has been defined as possible torture, by the UN Special Rapporteur on Torture.
We received this Memorandum and Affidavit outlining the situation of the permanent lock down (solitary confinement) situation and the lack of distinction between a prisoner in General Population and a prisoner in Administrative or Disciplinary Segregation at Ely State Prison. The original is down below or here.
Please all take note and contact your representatives to change the situation for the better for everyone in Ely State Prison! Thank you.
 
To whom it may concern:
Please find accompanying this memo, a sworn, notarized Affidavit, briefly describing the horrible conditions of confinement, suffered by Nevada’s Maximum Security Prisoners, at Ely State Prison.
Please note:
The Affidavit is not an exhausted detail of the illegal conditions of confinement, at Ely State Prison, but only a brief description.
Finally note:
We, Prisoners at E.S.P., are requesting that you, your good offices, please afford us any support available to you, on our behalf. 
That we, who dare to speak out and expose the truth of Nevada’s secret solitary confinement, torture dungeons, are… in advance, profoundly grateful, and thank you, your good offices, for your leadership, strength and courage.
“The poor, voiceless prisoner class of E.S.P.”
———————————————————————-
Affidavit of Manuel Winn.
State of Nevada, County of White Pine }SS
I, Manuel Winn, being first duly sworn upon oath, deposes and swears to the following:
That I am the Affiant herein.
That I am of sound mind, good physical health, and above the age of 21 yrs old, therefore qualified to testify to all matters herein.
That I make this Affidavit in support of any motion, pleading, or document, filed by or on behalf of Manuel Winn, and or  prisoners housed at Ely State Prison.
That I make this Affidavit in opposition to any motion, pleading, or document, filed by or on behalf of the State of Nevada, Nevada Department of Corrections.
That I am an Inmate within the Nevada department of Corrections.
That I am housed at Ely State Prison, by the State of Nevada, Nevada department of Corrections.
That I have been housed at Ely State Prison since March of 2011.
That I have been classified as a General Population inmate at Ely State Prison since my arrival here on March, 2011.
That all inmates housed at Ely State Prison, who are classified as General Population Inmates are confined to our cells for a minimum of 23 hours a day, every day.
That all inmates housed at Ely State Prison, who are classified as General Population are forced to be double celled (two inmates housed in each cell).
That all inmates housed at Ely State Prison who are classified as General Population inmates, who refuse to be double celled (two inmates housed in each cell), are threatened with being housed in a segregation unit, served with a notice of disciplinary charges, sanctioned to loss of commissary, privileges, arbitrary cell searches, confiscation of personal property, loss of incoming and outgoing mail, and reduction in the amount of food received from culinary officers.
That all inmates housed at Ely State Prison, who are classified as General Population inmates, are not allowed personal access to the gym, nor the main yard, nor the legal library, nor the education building, ever.
That all inmates housed at Ely State Prison, who are classified as General Population inmates, are not allowed outside of our own cells, except for 45 minutes a day, approximately 5 days a week, for physical exercise, in a very small enclosed pin-area, by ourselves or with our cellmate only.
That there is at all times approximately one thousand (1,000) inmates housed at Ely State Prison.
That there is at all times approximately 400 (four hundred) inmates housed at Ely State Prison, classified as General Population inmates.
That there is at all times approximately 400, four hundred inmates housed at E.S.P. classified as segregation inmates, disciplinary segregation, administrative segregation, and protective custody segregation.
That inmates housed at E.S.P., who are classified as Segregation inmates are housed and exercise identically to inmates housed at E.S.P., classified as General Population inmates, except that:
a)      All Segregation inmates are housed alone in single occupancy cells,
b)      Disciplinary Segregation inmates are not allowed to order edible items from the commissary and are only allowed an orange jumpsuit for clothing.
That there is at all times, approximately 70 inmates who are classified as Workers and allowed to work at E.S.P.
That inmates housed at E.S.P., who are classified as Workers, are the ONLY inmates allowed the following privileges:
a)      Personal access to Legal Library Thursday morning 9:00 am to 10:30 am, and Thursday afternoon(s) 12:00 am to 2:15 pm only.
b)      Personal access to gym, twice a week, for approximately 2 hours in the morning and two hours in the afternoon.
c)      Personal access to the main yard on Friday, Saturday and Sunday, for 2 hours in the mornings and 2 ½ hours in the afternoons.
Further Affiant says not.
Dated this 29th day of January, 2014.
Signed.

Officials investigate inmate death at Ely State Prison

Another man dies this week in a Nevada prison.  How many this year?  How many died from lack of medical care?

From: LV Sun, Jan. 29th, 2014:
By Ana Ley

State corrections officials are investigating the death of an Ely State Prison inmate who was found unconscious inside his cell earlier this week.

Paul Skinner, 53, was discovered by prison staff on Tuesday. Medical personnel unsuccessfully tried to revive Skinner until paramedics rushed him to the William Bee Ririe Hospital, where he was pronounced dead.

Read the rest here.

A Rubber Band and a Paperclip

By Gilbert Paliotta

I’ll start from where things went bad for me…. In 1998, Ely State Prison Administration housed me in a cell with a known “Gang Enforcer” (that’s how he was listed in their files) who was recently transferred to this prison from another one due to his numerous assaults and batteries on other inmates. A week before they housed me with this guy, he had been  released from the “hole” (punitive segregation) for cracking open the head of his last cellmate with a metal hotpot and ripping his eyeball out of its socket.

Administration moved me in the cell with this guy; and,  to save you from the gory details, a fight ensued and he lost his life.

Did I mention that he was over six feet tall and a solid two hundred pounds and that I am only five nine and one seventy? That up until 1998 I was labeled as a “ model inmate” (nothing to brag about but it’s better than being labeled a “Gang Enforcer”)? That ESP administration had prior knowledge revealed by the sheriff’s office that this guy was ordered to “hit” (kill) his last cellmate and yet they continued to cell me up with this guy?

 I was found guilty of murdering my cellmate even though it was clearly self-defense. In my prison disciplinary hearing I remained silent because I was facing criminal charges by the State of Nevada, but the disciplinary committee simply found me “guilty” without allowing me to defend against allegations, sentenced me to the maximum penalty in punitive segregation and illegally placed me on “high risk potential” (HRP) status, the most extreme and restrictive status an inmate can possibly be placed on, even worse than death row, not an accusation but a proven fact.

The warden at the time (McDaniel) left me on the HRP status until 2005,  long after my punitive segregation sentence had expired, ignoring my repeated attempts to be taken off said status and sent back to the general population. He stated he would not take me off HRP status until he considered me “no longer a threat to staff and inmates”.

In 2005, Warden McDaniels finally removed me from HRP status but did not send me back to the general population. He told me to give him six months. It’s now 2012 and I’m still not back in general population.

They keep me on “administrative segregation” under the guise of “safety security” reasons, which is a contradiction or the warden would not have taken me off HRP in 2005.

During this time I filed a Civil Rights complaint (or rather I tried to) regarding the prison holding me hostage all of these years in segregation, it was dismissed.   Had I had some help, that would not have happened. I had them dead to rights on that lawsuit.

Since they continue to keep me segregated when they have released other inmates who have been found guilty of murder of another inmate back to general population, I am beginning the steps of filing another separate complaint. This one will be from the date my prior lawsuit was dismissed.

And it gets worse…Physical abuse as retaliation

Administration didn’t like that I filed a lawsuit against them. In 2008, the guards assaulted me while I was handcuffed and had leg restraints on. Two days later, they assaulted me again while I was handcuffed and restrained. Of course, they twisted it up saying it was the other way around but how does a person attack two guards while he’s in full restraints?

 In 2009-10 I was engaged to be married and was receiving visits every three months from my fiancée’ who traveled all the way from England.

Again, administration disrupted my life as I knew it. That lawsuit! After one of my visits with my (now) ex-fiancee, they said they found a pair of panties on prison grounds and that she gave them to me. This is major. I was strip searched three times before and after visits by five different guards and  at no time was a pair of panties or any contraband for that matter ever found in my possession or on my person. 

During my disciplinary hearing (they charged me with possession of contraband’ for these alleged panties I allegedly received from my fiancée). I requested numerous witnesses, who all told me that they would testify on my behalf, and the video surveillance from the visiting room on the date of my fiancée’s visit to be introduced as evidence. The sergeant and lieutenant who handled this disciplinary hearing flat out refused to call any of the witnesses (all of whom were ESP staff) and refused to introduce the video surveillance.
 

They found me guilty of “possession of contraband”, sentenced me to a year punitive segregation and took my visiting privileges for one year.
 

I now have a civil action pending in federal court that is at the summary judgment phase.

In the process I lost my fiancée because she’s terrified to come back, thinking next time they will do something else worse to her.

My family members are hesitant to visit me for those same reasons.

Allow me to back pedal in time.

Eleven days after my last visit with my ex-fiancée (Michele), a pair of panties was again found on prison grounds!! The sergeant sent guards to my cell, strip-searched me and tore my cell apart, breaking items of my property in the process.
Get this, I was nowhere near where the pair of panties was found nor was I even outside. In fact, I had not even gone outside my cell since they lied about the first pair!

All of this is documented in the lawsuit and can be proven.

Also, during my disciplinary hearing (which is recorded) the lieutenant even stated, “No one is accusing you of being in possession of contraband.”  He still found me guilty.

I’m waiting to see what the repercussions are going to be for filing this lawsuit I have now in federal court.

Maybe I just don’t care no more. After losing my fiancée I silently pray someone puts me out of my misery because I am in the process of writing a separate civil action in state court challenging the prison administrations  lack of institutional protection of the laws in regards  to religious practices:  not allowing inmates to freely practice their religion.

 I’ve been through the riots; I’ve fought administration both physically and on paper. It is impossible to do this alone. All I have is a rubber band and a paper clip.

I read these so-called prisoner support groups articles about how they fight for us, stand with us , etc. I find that to be carrots on a stick. To be honest, I don’t think they even exist. What “help” or “support” have they given to us? Nobody I know has benefited from their services.

I am not accusing you of anything, I don’t know you.

It’s just that I’m so fed up with of this. Losing someone you genuinely love because of the actions of someone else is crushing.

Have you lost a loved one or had an engagement called off? I sincerely hope that you haven’t nor ever have to experience that, but, if you have, multiply that by a dozen, topped off with the loss of seeing your family members as well.

 Michele and I overcame major obstacles, living in different countries, me in prison, us being different nationalities and personalities among other things. Now imagine all of that being destroyed because ESP administration wanted to destroy the last bit of happiness I had in life.

 I try to better myself each everyday both mentally and physically by reading everything I possibly can and maintaining a workout routine. I share whatever knowledge I have with anyone that asks but I’m limited. I cannot reach beyond these prison walls without support.

No one thinks they will ever be in such a position as I am in, but if it can happen to me, if can happen to someone you love. Please support prisoners in their fight for justice and fairness.

Gilbert Paliotta #46244
ESP
P.O. Box 1989,
Ely, NV 89301

Nevada prison inmate dies in Las Vegas days after apparent suicide attempt in cell in Ely

This man had been in prison for 27 years, according to this article. He was 17-years-old when he went to prison.
From: The Republic

Nevada prison inmate dies in Las Vegas days after apparent suicide attempt in cell in Ely

THE ASSOCIATED PRESS
Last Updated: January 26, 2012

LAS VEGAS — Authorities say a 44-year-old Nevada prison inmate has died at a Las Vegas hospital, days after he was found unconscious with a bed sheet around his neck in his cell in Ely.

The Clark County coroner said Thursday that William Ellis Jenckes Jr. was pronounced dead early Tuesday at University Medical Center. A cause of death is pending the results of blood toxicology tests.

State prisons spokesman Steve Suwe (SOO-ee) says Jenckes was found alone in his cell Jan. 15 and taken to a hospital in Ely before he was flown by medical helicopter about 250 miles to Las Vegas.

Jenckes was serving 20 years to life in prison on a murder with deadly weapon conviction in Clark County. He had been sentenced in December 1985.

About the Medical Care at ESP:

11/16/2011

 
Family and Friends of Prisoners at Ely State Prison:

There is currently a medical care settlement at ESP which the court approved a year ago. An independent medical monitor has been appointed to oversee Ely State Prison’s compliance with the agreement for two years. Please write to Amy Fettig, ACLU Staff Counsel regarding ongoing medical issues at ESP. The ACLU is tracking and monitoring complaints and forwarding them for the Monitor’s review, according to Amy Fettig. Her address is:

Amy Fettig
Senior Staff Counsel
National Prison Project of the ACLU
915 15th St., NW 7th floor
Washington, DC 20001