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What do you do?  Crying is not going to help you.   Pleading will not work-----  either, unless maybe you are pregnant. If you are incarcerated and pregnant they will continue your methadone, because with-holding your dosage of methadone could cause miscarriage of the baby.  Now, there is another exception, if you live in California--It might be worth thinking about moving...only joking!!!

Last November a pregnant  patient at the Goleta Clinic was denied methadone  treatment  while incarcerated at Santa Barbara Jail, (wrongfully incarcerated apparently).  Consequently, the patient and unborn fetus went through withdrawal trauma, which resulted in a  miscarriage.  The denial of treatment (including provision of methadone) to patients of narcotic treatment programs ("NTP") is a severe violation of the 1978 American With Disabilities Act (ADA)  as well as California law.    Disabled patients and a selection of other recovering addicts are a protected class under the ADA.


Aegis Medical Systems co-sponsored Assembly Bill (AB) 1308  mandating jail dosing treatment for opioid addicted inmates.  AB 1308 will also prohibit the judiciary system from denying medical treatment to methadone patients or to other addicted patients.  "This proposed legislation by Assembly Member Jackie Goldberg (D-45th Assembly District) is overdue, " said Karl S. Kop, J.D., Aegis General Counsel.  Aegis had been working with with several county and state organizations to ensure opioid-addicted persons receive proper and ongoing treatment if they become involved in the criminal justice system.  

You are right ..this is the proper procedure if you are on methadone maintenance.  It should not be discontinued nor should any other medication that could put the person " In Harm's Way? "  Will they follow proper procedure?  Maybe a few ...but most will ignore it---to them you are just one more junkie. So how many of you know how to obtain your ... methadone or any medication that you have legally been prescribed?   Most will not give you medication, especially if the medication, is a controlled substance. 

This has become a "Hot Topic"  in  most every state.   We want to see new legislation that will demand they give us our methadone.  They would not deny a diabetic their insulin nor a person with high blood pressure their medication.  Then why are we denied ours?  As I sit here writing there are people incarcerat-ed at this very moment being denied their methadone.   Are we going to stand for this ?  I hope not!  I am going to share with you about one in custody now.  She could possibly go to prison ...only because she took her methadone as prescribed  ...by her physician.


THE ROANOKE TIMES     SATURDAY, AUGUST 21, 2004

The case presents a conflict between law enforcement and the medical needs of recovering addicts. 

Tazewell  - A doctor prescribed methadone to Kimberly Bucklin to help her break an Oxycontin addiction. A judge prohibited her from taking methadone when he put her on probation.  Caught in the middle, Bucklin sits in the Tazewell County Jail.  At a hearing Friday, Judge Henry Vanover was asked to reconsider his earlier decision to sentence Bucklin to three years in prison for violating her probation by receiving treatment at a methadone clinic run by the Life Center of Galax.  

The case, reopened at the request of the American Civil Liberties Union and National Alliance of Methadone Advocates, presents a conflict between law enforcement's fight against drug abuse and the medical needs of  recovering addicts.   "It's really a medical decision and not a legal decision," Bucklin's attorney, Tom Scott, said of her need for methadone.  Vanover delayed making a decision Friday after hearing testimony in Tazewell County Circuit Court.    

Last year, Bucklin was charged with child abuse and possession of Oxycontin.  Following- her arrest, she became a patient at the Life Center's satellite clinic in Tazewell County.  "I would say her response was dramatic, positive, and very rapid." said Dr. Robert Newman, Director of The Chemical Dependency Institute of Beth Israel Medical Center in New York.

Testifying as an expert witness, Newman said methadone is an effective treatment for addicts of opium-based drugs.  Studies have shown that the drug when properly administered, reduces criminal activity and allows addicts to live normal lives.  But in what Newman called a "terrible conflict," Bucklin was ordered in June 2003 to discon-tinue all use of methadone within six months as a condition of her probation and a six-year suspended sentence.  Against the medical advice of the clinic physician, the 29-year old began to gradually reduce her daily dose of methadone.  Bust after she suffered cravings and withdrawal symptoms, the clinic restored her to a higher dose and continued her treatment past the six-month deadline.

In February, Bucklin was charged with violating her probation .  She has been in the county jail ever since-except for a brief hospital stay shortly after she was locked up. when she was treated for severe methadone withdrawal.  Tazewell County Common-wealth's Attorney Dennis Lee said judges in the area routinely forbid probationers from taking methadone at a clinic.  Bucklin is the first person in the county sentenced to prison for violating such an order, he said.   

Bucklin's dilemma raises a new question for judges in Southwest Virginia, which had no methadone clinics until the first one opened in Galax several years ago to deal with a rising Oxycontin abuse problem.  The Life Center has since opened a second clinic in Tazewell County, and the company that owns both facilities are planning a third one in Northwest Roanoke.  It is unusual for methadone patients to be sent to prison for taking a medication that is supposed to keep them out of trouble, according to Mark Parrino, President of the American Association for The Treatment of Opioid Dependence. 

"Despite the fact that the federal government has spent millions in research to determine that methadone is the gold standard for treating opioid dependence, you still have what I would call unenlightened and misinformed representatives of the law enforcement com- munity. " Parrino said.   Some authorities have questioned the wisdom of methadone treatment, saying that it only replaces one addictive drug with another.  Critics also say that methadone from clinics can easily find its way into the wrong hands, generating crime and feeding a prescription drug abuse epidemic that has overtaken much of far Southwest Virginia.  Although Lee declined to comment after the hearing about his personal views on methadone treatment many of his questions to Newman contained themed raised by critics. 

The danger with a judge ordering someone off methadone is that it often prompts the addict to return to the original drug at a time when she or he has a low tolerance because of treatment, creating a danger of a fatal overdose, according to a brief filed by Scott and ACLU attorneys.  Lee may present a different view. He asked Vanover to delay a decision until Lee can prepare his own evidence.  Although a second court date has not been scheduled, Scott said it could be October before the case resumes.

These  aren't the only ones fighting for their life right now, they are many more and you, my visitor, are going to hear about them. I am sure all of us who are on methadone know just how bad withdrawal is and especially in jail. This isn't all though, we are going to share with you ways to obtain your methadone should you be the one.  I want all of you to get involved especially if you are a methadone patient and if it has ever happened to you,  please share your story with us.  We don't expect you to reveal your name, just let us hear about it.  Please??? We need every incident in order to evoke change.

Now, lets talk about the ones who have died in jail from withdrawal.  Let's talk about the ones who didn't have anyone to help them  obtain their medication, and even if you do-- it still is not always possible. Then there are some  that have family and friends but not enough legal  knowledge to know the rights you possess under the constitution and as a prisoner to help the incarcerated one.   What is that I hear, some of you fail to believe people incarcerated doesn't receive their medication, I am here as proof they deny, and it is not only methadone they deny, it is other medications too.  How can this be, you say?  People just do not care anymore and certainly not about an addict receiving their medication.  You are just another junkie to them ...a nobody....nurses set by and watched as one died...one that was a methadone maintenance patient. We had a guy who was beaten to death because he kept asking for his methadone??? 

I don't know how you feel about this, but to me, this is" Premeditated Murder 1st  Degree" . Withdrawal from any opiate, benzodiazepine, barbiturate, antidepres-sant or alcohol is serious.   If the person is neglected and their medication withheld, they could possibly die. No patient, who has any medication legally pre-scribed, should be withheld, if they are incarcerated and even if the patient isn't being maintained on legally prescribed drugs and they are actively using heroin, cocaine, methamphetamine, Oxycontin®, Xanax® and ...    by illegal means, care should be taken to have the  person  assessed upon admission  and medication prescribed  to detoxify them slowly. They are not there to pass judgment on you but if you use any drug in today's society ...judgment has already been passed on you. Agreed?. 

Are we going to let this happen to our loved ones?  I am giving you evidence and it  speaks for itself.... you are the jury.   Judgment has fallen into your hands now...If you are not a believer, I hope some of the stories you are going to hear about  will make a one out of you.  The following article is one of the latest deaths I have re-ceived notice of but there was absolutely no reason for it.  It breaks my heart as I am sure it did his Mother and I hope it will break your heart. I hope it  makes you angry enough to either  decide to actively join with us and if that is entirely impossible, then by sending a donation of whatever you can afford. . We help all we can but there needs to be more money and more of us willing to donate our time ..it's impossible for us to help everyone....


By Sarah Lundy  Published September 16, 2004

IN MEMORY OF GREGORY KOKOLAKIS

The day before Gregory Kokolakis took his own life, he called his Mother from the Lee County Stockade in agony.  " He called me crying," said his Mother, Adrienne Croom.  "He said, "I am in so much pain.  I can't stand it."

Kokolakis, 21, wasn't allowed access to his methadone, an opiate used by doctors to help addicts off painkillers. "He said, "Mom, my medication is my property, and they won't give it to me." Croom recalled Wednesday.

On September 7, Kokolakis wrapped a sheet around his neck, tied it to an air vent in the stockade barracks and attempted to hang himself.  He died five days later.  Kokolakis was the third inmate to commit suicide since July.  "He was not himself when it happened," she said. "The pain from the withdrawal drove him to it."

The Lee County Jail has a contract with Tennessee-based Prison Health Services Inc. to provide medical treatment, including treating inmates' withdrawal from narcotics.  When inmates are booked, they are screened  for health problems and asked if they are on any medications, according to jail documents. "You can believe that he told them he was on methadone," Croom said.

Dr. Carl Keldie, PHS corporate medical director, said the staff treats methadone like any other opiate.  They check in at least once a day with inmates who say they are on methadone.  They treat the withdrawal symptoms, such as vomiting, stomach cramps and diarrhea.  If they symptoms become severe, they move the inmates to the infirmary where they are treated by a doctor.

Kokolokis told his Mother that he asked a nurse for help..  "They said they couldn't do nothing for him,"  Croom said. "Why wouldn't they do something?"   PHS officials said they could not comment on Kokolakis'  case because of patient confidentiality laws.  Lee County Sheriff's Cpl. Larry King said Kokolakis was housed in a barracks with the general population. Because his death is under investigation, King said he could not say whether Kokolakis was being treated for withdrawal symptoms. "I'm aware there are questions that need to be addressed, but I anticipate they will be covered in the death investigation."

Before the holiday weekend, Kokolakis picked enough methadone at Operation PAR Narcotics Addiction Center in Fort Myers to carry him through Labor Day .  He had earned the right to get take-home doses because had had stayed clean on the program, his Mother said.  He started taking methadone almost two years ago when he wanted to go off Oxycontin® which had been prescribed for back pain after an accident. 

He took a dose Saturday before he was arrested for failing to appear in court on a driving without a license charge. He had his other doses with him when he was booked.  Eileen Ball, the Operation PAR's director, couldn't comment on Kokolakis because of confidentiality laws. "Our clinic is run by doctors.  The medication is prescribed by doctors.  They shouldn't deny them prescription medicine,"she said.   

Are we in agreement "The Scales must Be Balanced?"


We have created  "Legal Issues" section to help indigent patients, without funds for an attorney, to help themselves or to help others.  I'm hoping you read the above article about the twenty-one year old guy commiting suicide because his methadone, which was legally prescribed for him, was denied to him.  They had it in their possession and still did not give it to him nor did they offer him any replacement treatment, knowing he was on methadone.   How do you feel about all this?  If you are human surely you have some feelings, surely you  care about someone other than yourself?  If you don't. then, I must tell you the government has won!!!  I am not going to define the statement I just made, maybe later, first I need to share some information with you.   

I must give you a hint, our economy is so that it takes two people working to make ends  meet.  You both come home, and if you have children then you try and find time to spend with them, then there is housework, yardwork, groceries to buy and shopping to do.  They are friends to see and family to visit and Sunday, of course there is church and if not, maybe you partied Saturday night.and you are hungover now, don't get me wrong, I am not condemning you, I am only trying to make a point and I think you can see what it is-there's just not enough time. Believe me, it is not happenchance, the government has purposely made it this way and if you don't see the light by the time, you get here, then I am not going to explain it to you.  To all of you who do see the light - we must find the time...we just must!  First I want to know how many of you know what your constitutional rights are?   We need to start here.  Stay with me and you will understand if this happens to you.

THE FIRST FOURTEEN AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES        EFFECTIVE MARCH 4TH 1789

Amendment 1     Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances..

Amendment 2     A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.  

Amendment 3     No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time or war, but in a manner to be prescribed by law.

Amendment 4     The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5     No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  

Amendment 6     In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment 7     In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,  and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of common law.

Amendment 8     Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 

Amendment 9      The enumeration in the Constitution, or certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10     The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment 11    The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced  or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State .

Amendment 13

         Section 1:  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.
        Section 2:   Congress shall have powers to enforce this article  by appropriate legislation.

Amendment 14                                                                                         All  persons born or naturalized in the United States, and subject to the reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.

  
 KNOW YOUR            
                               
 RIGHTS:  MEDICAL
 CARE FOR  
 PRISONERS


Prison officials are obligated under the Eight Amendment to provide prisoners with adequate medical and mental health care.  Below highlights the case law that protects your medical rights while you are incarcerated.


Prison officials are obligated under the Eight Amendment to provide prisoners with adequate medical care.[1]  This principle applies regardless of whether the medical care is provided by governmental employees or by private medical staff under contract with the government .      

[2]"Deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain' prescribed by the Eight Amendment." [3] In order to prevail on a constitutional claim of inadequate medical care, prisoners must show that prisoners must show that prison officials were "deliberately indifferent" to their serious medical needs, i.e., that officials knew of and disregarded a substantial risk of serious harm to the plaintiff's health. [4] A medical need is considered "serious" if it "causes pain, discomfort, or threat  to good health." [5] Financial constraints may not be used to justify the creation or perpetuation of Constitutional violations..

[6] Proof of deliberate indifference may be established by direct or by circumstantial evidence. Some of the types of direct evidence prisoners might present are sick call requests for medical attention or records reflecting the date(s) when medical attention was requested , to whom the request(s) were submitted, the medical conditions complained of, the effects of any delay in obtaining access to medical staff, the date(s) when access was provided, specific medical staff seen, treatment provided by particular staff, the nature of follow-up care ordered and whether it was carried out, additional information to indicate the adequacy of treatment, and complaints and formal grievances filed regarding the inadequate care.  Prisoners should also try to obtain copies of their medical records to see whether medications were properly prescribed or administered and whether their overall treatment was appropriate or carried out properly.

Proof of prison officials' knowledge of a substantial risk to a prisoner's health can also be inferred from "the very fact that the risk was obvious." [7] This circumstantial proof may be shown by deterioration  in prisoners' health such as obvious conditions like sharp weight loss.  A prison official cannot "escape liability if the evidence showed that he merely refused to verify underlying facts that he strongly suspected to be true, or declined to confirm inferences of risk that he strongly suspected to exist."


Mental health and dental care of prisoners is governed by the same constitutional standard of deliberate indifference as is medical care.[9]

CASE LAW

[1]  Estelle v. Gamble, 429 U.S. 97, 103 (1976).

[2]  West v. Atkins, 487 U.S. 42, 57-58 (1988); Richardson v. McKnight, 521 U.S. 399, 117 S.Ct.2100 (1997). 

[3]  Estelle v. Gamble, 429 U.S. at 104.

[4]  Farmer v. Brennan, 511 U.S. 825 (1994).

[5]  Dean v. Coughlin , 623 F.Supp. 392, 404 (S.D.N.Y. 1985).

[6]  Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 392-93 (1992); Harris v. Thigpen, 941 F. 2d 1495, 1509 (11th Cir. 1991).

[7]  Farmer, 511 U.S. at 842

[8]  Farmer, 511 U.S. at 843 n.8.

[9]  Hoptowit v. Ray, 682 F. 2d 1237, 1253 (9th Cir. 1982).   

Reference:  American Civil Liberties Union                       

We are not attorneys but have consulted with them and obtained  information, that we hope will be helpful to you and others, to obtain relief for those being held in custody. The outline below is a civil action claim used to redress your claims as a lay person in the federal court, in your jurisdiction where the parties reside. 

                                                          (Caption)  

                                               In The United States Federal 
                                              Court For The _______District

                                                For_______________(State)

(Your Name)  (LayPerson)                     *             Civil Action

______________________                      *              Case #________________

            Plaintiff                                    *             

                    V.                                     *            

                                                            *              Exhibits #1  through 

(Each named party)                             *              # _________attached.

____________________                        *

Defendants                                         * 

                                                           *                       

------------------------------------------------------------------------

                            CIVIL ACTION COMPLAINT 

 Comes now___________Plaintiff-Layperson, Indigent, without funds to pay cost to re-dress claims fairly, nor funds for attorney, filing this case on on I believe constitutional violations including but not limited to "Deliberate Indifference to Medical Care and Treatment ", filed in good faith, stated as follows:     

                                    JURISDICTION

(1)  Facts being these parties, [defendants] above named are in the jurisdiction of this federal court .  The fact that my "prescribed methadone " is Federal Government approved medication for" opiate addiction treatment" and is transported across state lines, is in jurisdiction of this honorable court.  Furthermore, based on continued numbers of deaths of methadone patients in jails deliberately denied their prescribed medication, forced to detox, is good-cause shown for Eight Amendment U.S.C.A. violation raised gives this court jurisdiction.

   (2)   Facts being that about forty years ago, "Methadone was approved for use by the Federal  government, Schedule II drug for use in opiate addiction in government facilities and hospitals: later, after seeing the positive results of said treatment, private--owned clinics began to open their doors, as named in this case under doctor's orders, plus under Federal and State methadone laws.

(3)  Facts being that methadone is manufactured, transported across state lines, affecting interstate commerce which gives this Honorable Federal Court jurisdiction over this case.

(4)  Since  plaintiff' has "cited", "quoted" Federal Regulation violated by one or more acts committed, this court has I believe jurisdiction on this case for relief as laws on justice so allows.

                                     FACTUAL ALLEGATIONS

(5)  I am the plaintiff_____________incarcerated at_____________ from _________to___ (dates). I  was denied ______mg of  my "Prescribed Methadone". Individuals who are on methadone maintenance may experience severe withdrawal symptoms if the medication is abruptly stopped.  Persons who have been on maintenance therapy before being incarcerated should continue their usual dosage of medication ...There may, however be on the use of methadone in a prison setting.  In such cases, staff may need to create linkages with local methadone programs.

(6)  On ______(date) I did advise ________________(names) officers, jailor, or nurse of the fact that I was on _______mg of methadone daily which I received from the clinic I attended (name of clinic)________________located at ____________________(address of clinic).

(7)  All my efforts to obtain my prescribed methadone medication have been exhausted, denied or refused by ______________ (officer, jailer or nurse) shown on attached Exhibit #______.

(8)  Note:  Direct evidence prisoners might present are sick call requests for medical attention or records reflecting the date(s) when medical attention was requested, to whom the request(s) were submitted, the medical conditions complained of, the effects of any delay in obtaining access to medical staff, the date(s) when access was provided, specific medical staff seen, treatment provided by particular staff, the nature of follow-up care ordered and whether it was carried out, additional information to indicate the adequacy of treatment, and complaints and formal grievances filed regarding the inadequate care.  Prisoners should also try to obtain copies of their medical records  to see whether medications were properly prescribed or administered and whether their overall treatment was appropriate or carried out properly.  State and number each fact separately.

(9)  Proof of prison officials' knowledge of a substantial risk to a prisoners' health can also be inferred from "the very fact that the risk was obvious."  This circumstantial proof may be shown by deterioration in prisoners' health such as obvious conditions like sharp weight loss, continuous vomiting, diarrhea, chills and fever.  A prison official cannot escape liability if the evidence showed that he merely refused to verify underlying facts that he strongly suspected to be true, or declined to confirm inferences of risk that he strongly suspected to exist.

(10)  You request a "Trial By Jury" as law or justice allows under the Sixth Amendment U.S.C.A.

(11)  _________(Name of Institution) I am incarcerated in does not have any grievance procedure which I believe deprives my Constitutional Secured Right of Due Process of Law,First, Fourth and Fourteenth Amendments U.S.C.A. violated.

(12)  These acts committed , I believe is "Deliberate Indifference To Medical Care And Treatment with my same, as prescribed  medication of Methadone denied ", Eighth Amendment U.S.C.A. as upheld in Estelle versus Gamble, Supra..


                                                 RELIEF

Based on factual allegations, numbers_____through_____good-cause shown for "Trial By Jury", For Court-Appointees Attorney, For Emergency Court-Ordered Injunction (T.R.O.) Federal Regulation Civil Procedure, Rule 65 and for damages as laws so provide, Respectfully Moves:

     Order granting Plaintiff to proceed in Forma Paupis (Pro-Se);

     Order granting Plaintiff "Trial By Jury", Sixth Amendment U.S.C.A.;

     Order granting Court-Appointed Attorney to redress all claims fairly under Due Process of Law, Fourth, and Fourteenth Amendments U.S.C.A.;

     Order granting "Emergency Temporary Relief" (T.R.O.) for the same prescribed "Methadone Dosage" daily to be restored to Plaintiff, Federal Regulation Civil Procedure , Rule 65;

     Order granting such other relief This Honorable Court, so allows. to prohibit any forms of retaliation by Defendants toward Plaintiff.

Sworn To On This _____Day                                  Respectfully Submitted

Of___________, 2004                                            ____________________ 

                                                                            (Name Of Plaintiff)

                                                                            _____________________

                                                                             (Address Of Plaintiff)



   Note:  Federal Court receives three copies marked on the left corner at the top of the page as follows:  (Original) Courts 1st copy,  Courts Second Copy and Courts Third copy.

Each paragraph in Civil complaint is numbered and each page is marked as Page 1 of ____; Page 2 of ___ and so forth.

If you can obtain a Paperback Self-Help Litigation Manual; it will show you the required  "Motion To Proceed in Forma Pauperis " with your affidavit, showing no funds, no stock or bonds and no way to pay the cost. 

"Motion For Trial By Jury , Sixth Amendment U.S.C.A." ; one page with Certificate of Service Attached.

Your Certificate of Service must show all parties served by using U.S. Mail, Date, and Time Served. 

                               CERTIFICATE OF SERVICE

I _________hereby certify that I have served a true and correct copy of the following:

                      (Itemized List of Items Served)

Which is deemed filed at the time it was delivered to____________________(Name of Defendants), for forwarding Houston vs Lack, 101 L. Ed 2d 245 (1988), upon these de-fendants and his/her attorney of Record, and placing items in a sealed envelope, postage prepaid, addressed to:

Three Copies                                                               One Copy

U.S.Federal Court______District                                  (All Defendants Named)           of __________  (State)                                                located at__________(Jail) address and zipcode                                                   address and zipcode

And deposited same in the United State Postal Mail at_________(location)(town, city), on this ______day of ____________2004.

Respectfully Submitted

____________________ (Name Signed)

_____________________Plaintiff/Layperson  (address, zipcode) 

                                  Legal Factual Issues

Prior to the redress of each factual issue raised, the Plaintiff must show on Exhibits specifically as follows:

[1]  The Plaintiff-Patient or his family's attorney have made attempts , by grievances or served on these Parties' Defendants, "Named" to prevent these acts committed in "Factual Allegations", they failed to stop or prevent them from being done..

[2]  Showing proof ; no remedies for relief exist, acts committed," done knowingly, willfully, intentionally with malice"  ; caused "Deliberate Indifference To Medical Care and Treatment" by prescribed medication," Methadone" being denied; refused; delayed; modified; or forced "Detox" which caused withdrawal and serious risk to life by putting patient In Harm's Way.

[3]  That your factual allegations must show filed in "Good-Faith" has Merit; is Non-frivolous and "Good-Cause shown for "Trial By Jury" Sixth Amendment of United States Constitution for Damages;" Actual Damages";"Nominal Damages"; "Punitive Damages"; "Compensatory Damages"  as Laws of Justice so provides.

                         LEGAL POINTS OF AUTHORITY

See:  22 AM JUR 2D PAGES 1 THROUGH 551 (Damages)

See:  Damages--12ALR 4th 93 (1982); 13 ALR 4th 183 (1982)

See:  Attorney Fees paid for by Defendants in Baez Versus U.S. Department Of Justice, 662d, F. 2d 792, 827 N.232 (DC. Cir 1981), "Listing 90 Federal Statues Authority For Awards:"

     [1]  Actual damages, including out-of-pocket, or pecuniary losses, as well as compensation for physical and mental sufferings caused;

     [2]  Nominal damages when no actual damages were sustained;

     [3]  Punitive damages, often called "Exemplary " damages, are only allowable when actual damages has been suffered and the acts causing the injuries were so "reckless", "wanton", "malicious", or "intentional" as to warrant an additional damages award.

See:  Mark versus Johnson, 430 F. supp.1139, (E.D.PA. 1977) affirmed without opinion  582 F. 2d 1295 and appeal of Smith , 582.F.2d 1276 (No Opinion).

     [4]  Compensatory Damages, Substantive Rights have been violated, courts will generally agree that some amount of damages is appropriate recompense.Constitutional Deprivation itself and further basis of the nature and extent of the injuries caused by the constitutional violations making it clear asking reimbursement for the deprivation of rights you suffered and the consequential injuries that resulted.  See:  Carey versus Piphes,  435 US.247, 266, 98 S.Ct. 1042, (1976); Owens versus Lash , 682 F. 2d 648 657 (7th circuit, 1982); Familiasvnidas versus Briscoe, 619 F. 2d 391 (5th Circuit, 1980);  Herrera versus Valentine, 653 F. 2d 1220 (6th Circuit, 1981); Williams versus Transworld Airlines Incorporated, 660 F. 2d 1267, 1272 (8th Circuit, 1981); Halperin versus Kissinger, 606 F. 2d 1182, 1207 and N. 100 (D.C. Circuit, 1979); Affirmed in part 452 U.S. 713 (1981); Mary and Crystal versus Ramsden, 653 F. 2d 590, 600 (7th Circuit, 1980); Rhodes Versus Robinson, 612 F.2d 766 (3rd Circuit, 1979); Baskin versus Darker, 602 F. 2d 1205, 1209 (5th Circuit, 1979).   

                                           IMMUNITY.  

That official(s) _____________________ did not act in Good-Faith and are held liable in law suits or common law tort claims for damages, that's for "money damages" ; they knew or should have known that they were engaged in act violations of the "clearly established constitutional laws or statutory rights" and they had the authority to prevent or prohibit acts committed. See:  Harlow versus Fitzgerald, 102 S.Ct. 2727 (1982). 

                                   POINTS OF AUTHORITY    

                              Exigent Circumstance Or Irreparable Injury   

Asserting facts plus "overcrowding jails and/or prisons", forced sleeping on floors, double-bunking in small confined areas or cells or areas, this creating stressful or critical circumstances.  These acts plus others is "Probable Cause" of assaults, risk to health, or life showing "Irreparable Injuries" for Relief or (T.R.O.) Federal Rule Civil Procedure, Rule 65 for "Emergency Court Ordered Injunction."  See:  Miller versus Stamore, 636F. 2d 986, 991; Note 8  (5th Circuit, 1981).

                               RIGHTS OF HANDICAPPED                         

The Vocational Rehabilitation Act of 1973, 28 U.S.C. Section 70, et.al  SEQ. "was intended to "develop and implement" through research, "Training" and " Services and The Guarantee Of Equal Opportunity", "Comprehensive " and "Coordinated Programs of Vocational Rehabilitation and Independent Living."  This chapter of the law established the principle that the Federal Government, Federal Contractors  and Recipients of Federal Funds cannot discriminate against the handicapped.  See:  Prewitt versus U.S. Postal Services, 662 F. 2d 292 (Fifth Circuit, 1981).

The term" handicapped individual " means any person who has:

[1] a physical or mental impairment which substantially  limits one or more of said person's major life activities.

[2} Has a record of such an impairment or;

[3]  Is regarded as having such an impairment.  See:  M.R. Cross versus Sneed, 573 F. Supp. 533 (D. Ark. 1983), Affirmed 775 F. 2d 113, "Congenital Visual Impairment In One Eye"corrected in the other; Ben versus Bolger, 540 F. Supp. 910 (E.D. 1982), "Plaintiff with record of cardiovascular Disease" held "Handicapped Individual."

i[4]  Layne versus Vinzant, 657 F. 2nd 468 (1st Circuit, 1981) and Villa versus Franzen, 511 F. Supp. 231 (N.D. 111, 1981) address the issues of Federal Bureau of Prison Obligation  To Provide Appropriate Treatment  or Alternative Placement In Acceptable Institutions For Those Who are severely Handicapped, upheld in courts includes but not limited in following cases as follows: Disabilities: Access To Medical Care, Cummings versus Dun, 630 F. 2d 649 (8th Cir. 1980) on the denial of prescribed medications.  Jones versus Evans, 544 F. supp. 769 (N.D. GA. 1981) "Confiscation of Prescribed  Back Brace  was a constitutional Violation."

                             POINTS OF AUTHORITY

Layne versus Vinzant , Supra, official was in violation when they made no effort to obtain recommended Physical Therapy.

Disabilities:  Access to care and assistance Roach versus Yarborough, 736 F. Supp. 318 ( 11th Circuit, 1990), "An inmate suffering from Multiple Sclerosis had no assistance for a bath or shower in months or any other care; He was granted (T.R.O.) Preliminary Injunction to get care he needed because the liklihood that a claim  would be won on merits; Villa versus Franzen, Supra. "Uncare of a paraplegic inmate." 

Lafaut versus Smith, 834 F. 2d 389 (4th Circuit, 1987); 'Handicapped inmate was denied personal hygiene needs; Court ruled "Deliberate Indifference " under Estelle versus Gamble, Supra.                                              

Evans versus Duggar, 908 F.2d 801 (11th Circuit, 1990); "A paraplegic patient has a right to adequate access to shower and facilities, even though prisons are not required to have handicapped access, refusing facilities is "Deliberate Indifference" under the Estelle versus Gamble, Supra. standard.

Leach versus Shelby County Sheriff, 891 F. 2d 1241 (6th Circuit, 1989); A jail inmate paralyzed while committing the crime was left for days without special care or help with bathroom needs, as was fourteen other paraplegics had suffered similar neglect, the sheriff was guilty of "Deliberate Indifference."

How to bring a Federal Lawsuit, by (Layperson), with no funds, to challenge violations of their rights, in jails or prison .  For  comprehensive help:  Download the  "Self-Help  Litigation Manual" published by, "The Center for Constitutional Rights" and "National Lawyers Guild." Click on link below.

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In collecting research on how many people have been denied their medications in prison; I can say I was absolutely horrified, not only at how many people had been denied methadone, but other medications that were essential to their well-being.  This one was brought to my attention.  I think it deserves our attention-as it was said by her sister, "She was Murdered."  I totally agree. She was guilty of no crime to others, of only hurting herself. Yet, the United States knows it is a disease but they continue to lock up people with the disease, calling it a crime.  

In Loving Memory of
Erin Finley
14 Feb. 1976 - 29 Aug. 2002
By: Kristin
My 26 year-old sister, Erin Finley, died from asthma at the state prison at Muncy in Northeastern Pennsylvania. Her death was caused by medical neglect. To us, her family, she was murdered! She was denied essential asthma medication. She suffered a slow tortuously agonizing death struggling to get her breath. It took six and a half hours of gasping before she finally succumbed!

Prison staff watched her suffer. To us, her family, the doctor, nurses and guards who knew that she was hopelessly struggling to breathe are murderers. In 2002, no one who's supposedly under medical care should die from asthma! They ruined our family.

Erin may have been a drug addict, but she never hurt anyone except herself. She was a wonderful sister, aunt, godmother and daughter. Our family will suffer without her forever.

People, wake up out there?   Are you hood-winked as to what is happening in
America?  Is it only yourself you care about?  I know some of you lawyers could offer your services to some of these people.  If you help someone ----- it always comes back to you when you need it the most.  They are others that have money --- put it to use --- either find someone that needs your help ---- if not --- donate it to us ---and we will use it wisely to expose these people and to help those who truly need help. 

Deborah Shrira, Creator And Publisher      August 2008  Updated

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