Tuesday, December 23, 2014

Complaint affirmed, SIgnature not required


by Muslim Mansa Lutalo 1yapo(12-10-14)

On 11-8-14, 1 was deprived of a copy of the new DOC 303

rules because I refused to sign a receipt acknowledging that

I had received them. Consequently, I filed a complaint via ICRS stating:

RE: Illegal denial of 303 Ru1es (January 2015)

On 11-3-1 at 7:40 p.m. this female CO came around to collect the receipt of acknowledgement of DOC 303 January 2015 Rules. I asked her what if I didn’t  want to sign it. She told me that I would have to return the receipt and the DOC 303 Rules (January 2015) and figure out what the rules are on my own. I went to tell her that I didn't have to sign it as a precondition to receiving a copy of the rules, when she snapped, "Let’s go Mr. West, I don't have all day!" Because I refused to sign the receipt, she refused to let me keep the rules and ordered me to give her back the unsigned receipt and the 303 Rules, instead of writing that I refused to sign it and letting me keep the rules.

The lCE returned my complaint to me instructing me to contact Capt. Pusich in an attempt to resolve the issue informally. In response to my inquiry, however, Capt Pusich. stated, "You need to acknowledge receipt of the rules." As a result, I re-submitted my complaint which was designated Complaint file GBCI -2014_-22694 by the ICE.

On 11-20-14, the ICR affirmed my complaint in my favor stating:

Inmate West complains that he refused to sign a receipt for the new 303 so staff didn't give him a copy.

If an inmate refuses to sign the receipt, it should have been noted on the receipt and a copy still given to the

inmate. An inmate is still required to follow the 703 regardless if he signs the receipt or not. The receipt is just for proof a copy was given to the inmate.

The lCE affirms the complaint and a copy will he provided to Inmate west. If he refuses to sign the receipt, it will be noted on the receipt.

On 11-24-14, the warden affirmed the IC's decision.