Twitter

    follow me on Twitter
    Showing posts with label Prison/Jails. Show all posts
    Showing posts with label Prison/Jails. Show all posts

    Friday, June 10, 2011

    State ignores mental health care, increases prison and jail costs - penny-wise, pound-foolish

    Treatment of the mentally ill is one of the most cost-effective strategies for society as it increases productivity of citizens (income taxes for government); reduces public assistance by preserving family unity as well as keeping the breadearner employed; reduces crime as much shoplifting, drug-addiction, domestic violence, theft, and other violent crimes and assaults are related to mental illness, as well as vastly reduces justice system expenses to the courts, prosecutors, public defenders, jail, prisons, parole agents, etc. There are more mentally ill persons being treated in jails and prisons than in all the mental health facilities in the country combined. 

    It is far less expensive to society to treat mental illness including drug-addiction up front as an outpatient than at the back end with  payments to police, courts, prosecutors, public defenders, jails, prisons, parole agents, treatment for medical care caused by neglect, public aid for family members neglected by the mentally ill person, etc.  Would you rather pay $40,000 a year to incarcerate someone PLUS all the above collateral costs or $10,000 per year to provide excellent mental health care as an outpatient? The answer is simple: A BIG YES!  Our politicians are simply stupid.

    This article says it all and provides links: http://www.washingtonpost.com/blogs/ezra-klein/post/does-cutting-mental-health-care-increase-the-prison-population/2011/06/02/AGzNdVHH_blog.html?wprss=ezra-klein

    Thursday, December 11, 2008

    Questions and Answers About Cook County Jail - Corruption in Jails

    A continuing blog discussion about what is going on at Cook County Jail and information that inmates and families of inmates need to know. Extensive civil rights violations are detailed in many of the posts. Dr. Shelton "Linda" provides a lot of the answers:

    http://www.cookcojail.com/questions.php

    Tuesday, December 9, 2008

    No Clemency for Convict former Governor George Ryan

    Ryan whines that he’s already paid a price with loss of pension, not seeing his sick wife, and loss of reputation. He belatedly is expressing remorse for the first time, but never mentions the death of the Willis family’s six children that resulted from his actions.

    He has it better than most convicts who lose much much more including their home, friends, family, reputation, employability, often right to vote in other states, etc. Prisoners often are not allowed even to go to the funerals of loved ones or visit at their deathbeds. I feel sorry for his wife, but Ryan should realize that the consequences to his family are a result of his actions. You don’t release murderers because their family is sick. Ryan is a murderer. He deserved a far longer sentence.

    He shouldn’t get special treatment, especially because he told the families with handicapped children through his aide that he would not increase slots for the waiver program to keep severely disabled children at home instead of in nursing homes or institutions because “they should die.” He was ruthless as a Governor despite some good things that he did. Power, influence, control, no matter who it hurt was his goal. He gave very little empathy to others in need. He was out of touch with the people who needed government help most.

    As a politician Ryan is even more culpable for his crimes than an average citizen. He had a heightened duty to follow the law in that he took an oath of office. Violation of the public trust and constitution requires harsher sentencing to prevent others from following in his footsteps.

    Prisoners deserve mercy and rehabilitation, but lets be reasonable. Mercy is not just for the elite, wealthy, and connected. Let the punishment fit the crime! He doesn’t deserve shortening of an already ridiculously short sentence considering his crime. People died because of what he did! He has NEVER specifically acknowledged this fact and asked for forgiveness for this.
    He may have made a good decision to commute death sentences, but in general he was heartless, arrogant, and deserves a far longer sentence.

    No special treatment for Ryan!

    Thursday, December 4, 2008

    10 Cook County Correctional Officers Arrested for Cocaine Drug-Deals in UnderCover FBI Sting

    U.S. Department of Justice
    United States Attorney
    Northern District of Illinois

    Patrick J. Fitzgerald Federal Building
    United States Attorney 219 South Dearborn Street, 5th Floor
    Chicago, Illinois 60604
    (312) 353-5300

    FOR IMMEDIATE RELEASE PRESS CONTACTS:
    TUESDAY DECEMBER 2, 2008
    AUSA M. David Weisman (312) 353-2119
    www.usdoj.gov/usao/iln AUSA April Perry (312) 886-5966
    Randall Samborn (312) 353-5318

    FIFTEEN SOUTH SUBURBAN LAW ENFORCEMENT OFFICERS AMONG 17DEFENDANTS CHARGED IN FBI UNDERCOVER PROBE FOR ALLEGEDLYPROVIDING ARMED SECURITY FOR PURPORTED LARGE-SCALE DRUG DEALS

    CHICAGO – A six-passenger, twin propeller engine aircraft flew on May 13 this year into west suburban DuPage Airport where three men awaited its arrival. Two of them – Ahyetoro A. Taylor and Raphael Manuel, both Cook County Sheriff’s Office Correctional Officers – accompanied an individual whom they believed brokered large-scale drug transactions but, in fact, was an undercover FBI agent. They boarded the aircraft, which was operated by two other undercover agents, and began counting packages of what was purported to be at least 80 kilograms of cocaine stashed inside four duffel bags. Taylor, Manuel and the undercover agent they accompanied removed the duffels from the plane and took them through the airport lobby to the trunk of the agent’s car in the parking lot. Taylor and Manuel, in a separate car, followed the agent to a nearby retail parking lot, where the agent parked and got into the officers’ vehicle. Together, the trio watched as yet another undercover agent arrived, removed the duffels from the trunk of the parked car, placed them in a Mercedes and drove away. The FBI agent posing as the drug broker then paid Taylor and Manuel $4,000 each - allegedly their most profitable payday in the corrupt relationship they began with the undercover agent at least a year earlier.
    The undercover agent, while posing as an employee of a business in south suburban Harvey, was the hub in multiple spokes of police corruption in which Taylor and Manuel – often together with other officers they recruited – allegedly provided armed security for purported cocaine and heroin transactions throughout the south suburbs in 2007 and 2008. The investigation resulted in the unsealing today of federal charges against 17 defendants – 15 of them sworn law enforcement officers, including 10 Cook County Sheriff’s Office Correctional Officers , 4 Village of Harvey police officers and a Chicago police officer. The defendants allegedly accepted between $400 and $4,000 each on one or more occasions to serve as lookouts and be ready to intervene in the event real police or rival drug dealers attempted to interfere with any of a dozen different purported transfers of kilogram quantities of cocaine and heroin.

    Today’s arrests and charges were announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. They commended the assistance of the Cook County Sheriff’s Office in the investigation.

    All 17 defendants were charged with conspiracy to possess and distribute kilogram quantities of cocaine and/or heroin in eight separate criminal complaints that were unsealed following arrests early today. Seven of the eight complaints were supported by a single, 61-page FBI affidavit that tells the story of an undercover investigation that involved such activity as police officers allegedly protecting a purported high-stakes poker game, protecting transportation of large amounts of cash and two law enforcement officers actually selling powder cocaine, in addition to the routine activity of providing security for purported narcotics transactions.

    Fourteen of the defendants were either arrested or surrendered today and were expected to appear at 3 p.m. before U.S. Magistrate Judge Michael Mason in U.S. District Court. Arrest warrants were issued for Taylor, 28, of Joliet, and Jermaine E. Bell, 37, of Lynwood, also a Cook County Sheriff’s officer, both of who are on active military duty with Army National Guard units in Afghanistan. Another defendant, Archie Stallworth, 36, of Harvey and a Harvey police officer, was arrested on Nov. 19 but the charges remained under seal until today. He was released on bond and a preliminary hearing was scheduled for Dec. 4.

    Stallworth was accused of also accompanying the undercover agent to the DuPage Airport in a second, separate sting that occurred there on Aug. 11 this year. Armed with a Smith and Wesson handgun, Stallworth allegedly accepted $1,000 after assisting the undercover agent obtain three duffels purportedly containing 30 kilograms of cocaine from a second undercover agent who was waiting in the airport lobby. After placing the duffels in the first undercover agent’s car, Stallworth and the agent drove separately to a nearby retail lot and then sat together in Stallworth’s car as they watched yet another undercover agent remove the duffels and drive away, according to the charges.

    While sitting in the car with their conversation being recorded, Stallworth allegedly said: "It’s kinda suspect, you walk in, he come in with three bags, you walk out with three bags. He go this way, you go that way. In an airport, that’s probably cause. It arouses suspicion."
    About two weeks earlier, in another recorded conversation, Stallworth allegedly told the undercover agent: "The best spot for ya’ll to do that, believe it or not, is the train station. Fast food places, that’s where we (law enforcement) be looking. Sit there all day or they set up surveillance cameras," according to a separate affidavit that was attached to the complaint against him.

    "Ideally, it should be hard to find one corrupt police officer and it should never be easy to find 15 who allegedly used their guns and badges to protect people they believed were dealing drugs instead of arresting them," Mr. Fitzgerald said. "And the involvement of some in off-loading and delivering what they thought were large shipments of drugs flown in by plane is particularly shocking," he added.

    Mr. Grant said: "The almost systemic corruption that this investigation uncovered is quite troubling, especially given that most of those charged are sworn law enforcement officers. One would have hoped that the many public corruption investigations that have previously been announced would have served to deter this type of conduct. Apparently, that is not the case."
    According to the common affidavit, the undercover agent paid a total of $44,000 to 16 of the defendants, not including an additional $1,000 to Stallworth. The largest shares allegedly were paid to Taylor ($15,000) and Manuel ($14,500), respectively, for providing security during alleged drug transactions. The "deals" involving the agent’s purported drug sources and customers – all of whom were undercover FBI agents – typically occurred in retail and hotel parking lots in the south suburbs of Homewood, Tinley Park, Oak Lawn, Matteson and Bolingbrook and were captured on audio and video recordings by the undercover and surveillance agents.

    In each instance, the undercover agent allegedly would determine that each officer was carrying a firearm and advised them that they were providing protection for transfers of narcotics, providing the specific amount of purported cocaine and/or heroin that was involved. The undercover agent would then pay each defendant after each transaction was completed. After establishing an allegedly corrupt relationship with Taylor and Manuel, the agent typically contacted them and asked them to recruit a specific number of other officers to work each security detail, the charges allege. The undercover agent also would meet with the members of each crew beforehand to discuss the quantity and type of drugs that were purportedly being transferred.

    The escalating series of 12 purported drug transactions occurred between Aug. 1, 2007 and Aug. 11, 2008, with one additional staged deal that was planned but cancelled. After Taylor alone allegedly provided the undercover agent with security for the first transaction, Taylor and Manuel teamed up with another defendant, Tavis Ramsey, 31, of Chicago, who is not a law enforcement officer, to provide security for the second staged deal on Aug. 22, 2007. Discussing his close relationship with Taylor, Manuel allegedly told the undercover agent during a recorded conversation a week earlier that he and Taylor could intercede with local law enforcement if needed. "We know how to politic with the local authorities in case they try to stick their noses in that stuff like that. Then that way it gives everybody else a chance to split," Manuel said.
    Manuel, 32,of Glenwood, allegedly sold an ounce of cocaine to the undercover agent on Dec. 5, 2007, and Manuel and Taylor allegedly sold the agent two ounces of cocaine on April 18, 2008.
    In the third staged deal, on Aug. 29, 2007, the undercover agent allegedly paid $400 to each of two Harvey police officers – Dwayne Williams, 42, of Country Club Hills, and Antoine D. Dudley, 28, of Harvey – for providing security. According to the affidavit, in late May 2007 before the security stings began, Williams had accepted $400 for providing security for a purported $100,000 poker game being staged by undercover FBI agents, and Dudley had received $400 for providing the undercover agent with a security escort to a local business.

    Williams and Dudley allegedly teamed-up again – this time with fellow Harvey police officer James Engram, Jr., 41, of Calumet City – in providing protection for a purported deal involving 25 kilograms of cocaine on Feb. 29, 2008. During a recorded conversation preceding the deal, Engram allegedly discussed his background with the undercover agent, saying: "I ain’t always been in law enforcement .... So I know about other dealers watching. I use my street knowledge as well as what they taught me on the force to watch and learn body language, cars and we can do things on an as to know basis."

    The following lists the eight separate cases and defendants charged in each complaint:
    United States v. Manuel and Bell
    Manuel allegedly accepted a total of $14,500 for providing security for eight separate staged drug transactions, including one on Sept. 14, 2007, with Taylor and Bell, who allegedly accepted $500 for working a single staged deal on that date.

    United States v. Ramsey and Kyle T. Wilson
    Ramsey allegedly accepted a total of $1,900 for providing security for four separate purported drug transactions, including one on Oct. 24, 2007, with Taylor, Manuel and Wilson, 31, of Chicago and a Chicago police officer, who allegedly accepted $500 for working a single staged deal.

    United States v. Timothy Funches, Jr., and Diallo S. Mingo
    Timothy Funches, 26, of Bellwood and Mingo, 34, of Calumet City, both of the Cook County Sheriff’s Office, allegedly accepted $1,000 each for providing security with Taylor and Manuel for a single purported transaction involving 50 kilograms of cocaine and 2 kilograms of heroin on Nov. 16, 2007.

    United States v. Taylor, Antwon Funches and Antonio B. McCaskill
    Taylor allegedly accepted a total of $15,000 for providing security for nine separate staged drug transactions, including one on Nov. 30, 2007, with Manuel, Antwon Funches, 34, of Chicago, a Cook County Sheriff’s officer, and McCaskill, 30, of Harvey, who is not a law enforcement officer, with the latter two allegedly accepting $1,000 each for working a single staged deal.

    United States v. Daniel L. Lee and Julius L. Scott, Jr.
    Lee, 31, of Chicago, and Scott, 34, of Richton Park, both of Cook County Sheriff’s Office, allegedly accepted $1,000 each for providing security with Taylor and Manuel for a single purported transaction involving two kilograms of heroin on Dec. 10, 2007.

    United States v. Richard O. Hall, Jr., and Robert L. Kelly, Jr.
    Hall, 35, of Chicago, and Kelly, 32, of Glenwood, both of the Cook County Sheriff’s Office, allegedly accepted $1,000 each for providing security with Taylor and Manuel for a single purported transaction involving two kilograms of heroin on Dec. 17, 2007.

    United States v. Dudley, Engram and Williams
    In events described above, Williams allegedly received a total of $1,400, including $400 for a May 2007 security escort, and Williams and Engram received $1,000 each, and Dudley accepted $1,200, the charges allege, for providing security for a purported transaction involving 25 kilograms of cocaine on Feb. 29, 2008.

    United States v. Stallworth
    As described above, Stallworth allegedly received $1,000 for providing security for the purported transfer of 30 kilograms of cocaine at the DuPage Airport on Aug. 11, 2008. The Government is being represented by Assistant U.S. Attorneys April Perry and M. David Weisman. If convicted of conspiracy to possess and distribute more than five kilograms of cocaine and/or one kilogram of heroin, faces a mandatory minium sentence of 10 years in prison and a maximum of life in prison and a maximum fine of $4 million. The Court, however, would determine the appropriate sentence to be imposed under the advisory United States Sentencing Guidelines. The public is reminded that complaints contain only charges and are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. # # # #
    7

    Cook County Jail Supervisor Charged In Felony Theft of Inmate Trust Funds

    Cook County jail supervisor charged in felony thefts www.privateofficer.com
    Posted on August 27, 2008 by privateofficernews
    Cook County jail supervisor charged in felony thefts www.privateofficer.com

    CHICAGO IL. Aug 27 2008 — A former Cook County Jail employee was indicted Thursday on charges of allegedly stealing more than $370,000 from inmates’ commissary accounts.Elizabeth Hudson, 61, of the 9700 block of South Woodlawn Avenue, was arrested July 31 at her home after an investigation involving a series of audits showed that between September 2004 and June 2008, she allegedly stole money from accounts set up for inmates, according to a release from the Cook County Sheriff’s office.Hudson was formally charged Tuesday with one count of theft of governmental property over $100,000, a Class X felony, one count of theft over $100,000 and one count of official misconduct, according to Cook County State’s Attorney’s office spokeswoman Tandra Simonton.Hudson had been employed at the jail for more than 15 years and had been the supervisor in the jail’s Inmate Trust Department for 10 years, the release said. She was responsible for reconciling money turned in by incoming inmates and setting up commissary accounts for them. She resigned from her position June 24.Commissary accounts are set up for inmates so they can purchase items such as snack foods, toiletries and clothing during their incarceration.After the initial discovery of the unreconciled funds, several safeguards were put into place to prevent further discrepancies, according to the release.The Cook County Sheriff’s Office and the Sheriff’s Office of Finance handled the investigation that led to Hudson’s arrest.Hudson is scheduled for arraignment on Sept. 4, Simonton said.

    Wednesday, November 19, 2008

    Torture and Medical Neglect at Cook County Jail - Episode 1

    DR. SHELTON ASSAULTED BY SHERIFF, DENIED HER CIVIL RIGHTS, DANGEROUSLY MEDICALLY NEGLECTED AT COOK COUNTY JAIL, AND CHARGED WITH FELONY AGGREVATED BATTERY OF PEACE OFFICER FOR FOLLOWING A COURT ORDER, AND FOR PROTECTING HER HEALTH 10-24-02 – revised 2-24-03 & 11-29-04

    County of Cook )
    ) ss
    State of Illinois )

    VERIFIED DECLARATION

    I, Linda L. Shelton, declares as follows:

    I was released 10-22-02 from cook county jail. I was charged with 2 counts of Aggravated Battery to a Peace Officer (class 3 felony – possible sentence 2-5 years) and a Bail Bond Violation (class A misdemeanor – possible sentence 6-12 months – [FOUND NOT GUILTY BY JURY TRIAL FOR TRESPASS AND THIS BAIL BOND VIOLATION ON OCT. 17, 2003]). I am a pediatrician and was a witness against Governor Ryan and DCFS in federal and state courts. I have also testified extensively against vaccine mandates. In addition I have documented illegal conduct of a chief judge, extreme official misconduct of child protection officials, police profiling of my patients, police brutality of my patients and friends, and extreme misconduct of sheriff staff at Bridgeview Courthouse and the Jail. This has been forwarded to the FBI and Illinois Attorney General.

    I have severe asthma and a severe allergy to tobacco smoke - within minutes, I can go into respiratory failure. I also had a recently herniated lumbar disc, used a cane to walk due to a weak leg, am a pacifist - never hit back, and have heart trouble. I had 34 pretrial hearings and a four (4) day trial on the misdemeanor trespass charge. I was found not guilty by the jury. I have been defamed and slandered by Christ Hospital administrators (complainant on the criminal trespass charge) who committed perjury in their testimony at trial. During these hearings I collapsed three times at Bridgeview Courthouse due to my medical problems and had to be taken by ambulance to Christ Hospital twice- one time admitted in respiratory failure.

    The incident occurred when I went to Bridgeview Courthouse for a hearing on the misdemeanor trespass charge on Oct 22, 2002 around 9-10 a.m. (I was later found not guilty on that charge by a jury). I was using a left hand cane because 2 weeks previous I herniated a disc in my back and then had severe back pain and a weak right leg. I could not lift anything. I also had unsteadiness because of neurosurgery on my neck. (In 2000 I had surgery to correct a congenital defect crushing my spine – all bones broken and reconstructed) I had my bag of papers on a hand-cart.

    At the security entrance at Bridgeview, I put my keys and my 2002 Republican Gold Medal (I was going to show the judge as evidence of my good character) in the basket. The guards yelled at me that the medal was a heavy object, I couldn't take in and that they had told me previously not to bring it. I told them it was evidence of my good character and I was showing it to the judge. The guards yelled at me to put my bag on the scanner. I said I couldn’t lift it because of a herniated disc. I told them I could further injure my back and the doctors told me not to lift anything. They said, "well you got it out of your car." I said, "no, someone helped me." They yelled at me that they were not my servants. I politely stated that the Americans with Disabilities Act required them to accommodate me. They would not and kept yelling. I said I would leave my things there and go up to the court and ask the judge to assist me in getting my things through security and walked through the security gate, which did not beep. They knew I had a court hearing, and would be charged with bail jumping and an arrest warrant issued if I didn't show up. The guards ordered me back outside of the gate and yelled to put my bag on the scanner. They pushed me a little to go out the gate and I complied. I went to the desk and asked the guard to call the courtroom and inform the judge I wasn’t coming up because security would not let me through the gate. He said he wouldn’t call. I then knew if I didn’t go up the judge would issue an arrest warrant. I said I have to go up and would proceed through the gate. I said my bag had my court papers that I needed and they were violating a court order for me to be in court by detaining me illegally.

    I grabbed my keys and cart handle in one hand and the gold medal and my cane in the other and walked through the security gate. A female guard pushed her body in front of mine and I tried to squeeze past her to the side, and avoid touching her. She moved her body and we gently bumped together, with me trying lightly to walk past her, at which time she began pushing me out through the gate. I lost my balance and my arms went flailing. My right arm bumped against her arm. Then she grabbed at my right arm and tried to hit me with her left arm and I defensively tried to block her with my right arm to protect myself and my back from injury. I suffered a bruise on the mid-right forearm, where she hit me. I don’t remember what she was saying. I felt she was trying to hit me. I was trying to move backwards and regain my balance. I felt disoriented after being hit and being forced backwards, and may have lost consciousness briefly or lost touch with what was going on. I don’t remember being moved or moving from the magnetometer to about 10 feet away near a glass wall. I don’t know if I blacked out from my heart condition and arrhythmia or whether I have amnesia for this time because of acute stress disorder because I had never been attacked by anyone before, especially an officer.

    I next found Sheriffs all around me, who twisted my arms behind my back and squeezed my elbows tightly behind my back. I was confused, weak, and only semi-aware of my surroundings for a few moments. I remember hearing someone yell “what do you want to do with her,” but being a bit fuzzy in my vision and not knowing exactly who was around me, except that they were in uniforms. Someone else yelled “press charges,” and they handcuffed me, but I do not remember this well as I believe I blacked out briefly. My back was twisted and strained during the incident and began to hurt more. ”The Deputy states I tried to stab her with a key and claims she has scratches on her arm and was bleeding. The ER report states she had a “2 cm scratch (red mark) at the bend of her left elbow with a 3 X 6 millimeter very superficial abrasion.” Two guards then grabbed my arms and pushed me into the Sheriff's office. I stumbled walking due to my weak leg and back pain and had to ask them to slow down and be gentler. I later found out the deputy who attacked me was Deputy Rebecca Doran and she was also the brute who dragged me into the Sheriff’s office.

    In the Sheriff’s office they sat me down on a bench. I was in pain from my back and a little in shock from the ordeal. I had my formal jacket and coat on. I quickly became overheated and felt faint. I laid down on the bench and the female guard yelled at me to sit up. I said please I’m about to faint and then Deputy Wilger came over when I said please take my coat off, I’m feeling sick. Deputy Wilger has seen me become ill and knew I had medical problems. He instructed me to stand up. I said I couldn’t without their help due to my back pain. I said please help quickly or I’ll faint. He and the other Deputy gently and quickly stood me up, removed the cuffs, removed my coat and jacket, re-cuffed me, and sat me down again. Then I laid down on the bench again and began to cool off and feel a little better. At that point it was obvious, they had to put me in a wheelchair. When I turned from my back to my side, because the cuffs were very uncomfortable and my back pain was getting worse, to try to relieve the pain, the female Deputy yelled at me to keep still. I told her please be kind, I was just trying to relieve my pain a little. Then she stopped yelling at me. I was then taken down to the Bridgeview Courthouse lock-up, in the basement, after being held a short while in the Sheriff’s office until they could find a wheelchair, placed in a cell, read my rights, and informed I was under arrest for Aggravated Battery of a Peace Officer. Basic demographic information was requested and I gave it to them.

    My property was taken and inventoried. Money was stolen from me by the guards and never returned. I was assisted in standing up, to place my hands against a wall to be searched. I was then placed in a cell and a short time later a female guard helped me up and let me lean on her to walk over to another room to be fingerprinted. I felt dizzy and they let me sit in a chair to be fingerprinted. I told the guards I was freezing and the Deputy who fingerprinted me said I was cold and suggested someone give me a blanket. No one paid any attention to his suggestion. They kept me in a cold cell at Bridgeview for six hours, denying me a coat or blanket until I was shivering and in intense back spasm. I was able to lie down on the cold bench, which helped relieve the pain a little, but at the same time made the spasms worse from the cold. A State’s Attorney and guard came down to talk with me. A female guard kindly let me lean on her to walk to a bench adjacent to the cell. They read me my rights again, stated who they were and said they wanted to question me. I stated I wished to remain silent and they put me back in the cell. They were denying me food or a blanket or my coat to keep warm. I was unable to obtain water, as I was afraid of the dirty water fountain. I was becoming dehydrated as I am on a diuretic like medication. I had not eaten or drank anything since 6:00 a.m. and was put on the bus around 4:30 p.m.

    I was put in a wheelchair and handcuffed to the chair. Just prior to the Bond Hearing around 3:30 p.m., a Public Defender came down to a room they put me in to interview me. I kept having to put my head down between my knees to keep from fainting, partially due to increasing dehydration, and was unable to talk much except say I was sick and my medical needs were being neglected and could she please ask the judge to order them to help me. At the Bond Hearing I kept getting faint and didn’t hear everything. Someone said I pushed a guard and injured her. I don’t remember everything. The Public Defender was appointed and said something. I don’t remember what she said. The judge said something and I know he said to take me to Cermak and Bond was set – I wasn’t sure exactly what they said, as I kept feeling faint and losing touch with what was going on. About 4:00 p.m. they finally allowed me to make two phone calls. I had to keep resting my head on the desk to keep from fainting. I kept dialing the wrong numbers because I was a little confused and very weak. A guard dialed them for me after hassling me. They did get my wallet and pulled out the phone number for an attorney as I requested. I called a friend to take care of my son and inform him I was arrested for a felony, being taken to County Jail, and left a message for First Defense that I needed a lawyer. I then was taken back to the holding cell to wait for transport. I felt very faint and at one point laid on the floor with my feet elevated on the bench. At no time did a guard ask if I needed help or express any concern. I did ask several times for something to drink, and they just kept saying drink the water in the cell - the faucet also works as a fountain. No one bothered to take me to an ER or ask about my medical condition.

    They refused to transport me by ambulance to Cermak or even lying down in a police car. Because of my severe health problems, I wrote a letter to the Chief Sheriff Lyons at Bridgeview months prior to the incident, if I were again taken into custody that exposing me to tobacco smoke would kill me. When they arrested me on Oct 22 at about 10:00 a.m., I pleaded with them to protect me from tobacco smoke and to be allowed to lie down, as their roughing me up aggravated my back, I was in severe pain and I knew that if I was put on a prison bus I would be exposed to tobacco smoke and could die, as their record of attending to medical needs quickly is poor. I feared for my life.I refused to get on the bus around 4:30, and reminded them I had severe medical problems, but they forced me under threat of "restraining me and forcing me onto the bus and throwing me onto the floor for transport." There were three big guys. A male Sergeant also was yelling to put me on the bus. They said the judge ordered me to be taken to Cermak Hospital – the jail Hospital. They said one of the guards was a paramedic to try to calm my fears. I then got into the wheelchair with assistance under protest, but was terrified that they would ignore my medical needs and allow the other prisoners to smoke. They literally pushed and shoved me up the bus stairs and onto the bus, as my right leg is weak, and dragged me to a seat with their arms around my waist and my arm on a guards shoulder trying to walk. They did let me lie down on a seat without restraints, but with no seat belt. They allowed me to keep the inhaler, but not the Epipen®. They forced me on the prison bus and did not prevent the other prisoners from smoking. In fact, they told about 10 other prisoners to go ahead and smoke!

    The guard at the front of the bus did yell at the prisoners to stop smoking, after a few minutes, and he opened a window when he saw I began wheezing and I asked him to protect me from the smoke. I began to wheeze on the bus, and it steadily worsened during the ride, until I was barely breathing at a rapid rate, not moving enough air to wheeze. Just before you stop breathing and die from asthma, you become quiet. I knew I had very little life left, and tried to remain calm, meditate to relieve the pain and keep breathing, and forced myself to breathe (rate of 30 or 40 breaths per minute -imminent respiratory failure, previously when my rate was close to 40, I was hypercarbic and hypoxic). They did allow me to carry my inhaler. I used it ten times on the bus - too much and endangering my heart problem. The paramedic guard did not check on me, but inmates behind me kept asking how I was doing and I said worsening, until I no longer could talk. One inmate behind me started to pray for my safety and another one kept urging me to hang on and breathe. She offered to spray my inhaler for me, but I shook my head because I knew I could no longer breathe deep enough to take in the medicine. The inhaler didn't help and by the time we arrived at County Jail - I was unable to talk, and barely moving air.

    They yelled at me to get up and get off the bus, and forced me into a sitting position. They then called for other guards, and took the other prisoners off first. I think because I was not audibly wheezing and unable to talk, they thought I was faking medical problems. The paramedic guard yelled that if I didn’t walk off the bus, I wouldn’t get medical help, and that I was being uncooperative. They called other officers dressed like a SWAT team and verbally threatened me.

    A female guard then came on the bus and sat next to me telling me to cooperate and get off the bus. She finally seemed to understand I was unable to comply and very sick. They noticed my cane and that I had difficulty moving. They called for a wheelchair and a medic from the Cermak ER. The paramedic guard grabbed me around the waist and helped and forced me off the bus and put me in a wheel chair, with the assistance of a supervising Sergeant. A medic then noticed I was going into respiratory failure (breathing rapidly with no sound and heaving retractions of neck muscles and chest, and becoming a little incoherent), complained that they should have told him they needed a gurney and that it was an emergency and ran with me into the ER. I slumped over in the wheelchair on the way to the ER and may have lost consciousness for a time.

    The doctors and staff worked on me, immediately giving me oxygen and continuous albuterol nebulizer treatments in the wheelchair. After the oxygen revived me a little, they tried to get a history but I couldn't talk well and tried to write it out a little. I was getting very weak. I wrote "history in bag" and they found my medical history in my briefcase. They then put me in a bed and guards processed me in the bed (stripped, searched, numbered on my arm with a magic marker just like at Aushwitz, fingerprinted), while the staff worked on me. They attempted a blood gas unsuccessfully. It was aborted because I began having apneic episodes (stopped breathing multiple times) and they had to irritate me with strong pain, by rubbing my sternum with their knuckles, patting my cheeks and talking loudly to look at them, to keep me breathing. Essentially I went in and out of consciousness several times. Between this stimulation, I am a little unsure of what happened. They had great difficulty starting an IV, as I had multiple puncture marks, where attempts were made, probably because I was cold and dehydrated, and I think besides the asthma attack, I was going into a syncopal attack, with poor circulation and with abnormal heart rhythm. I believe I heard them say my blood pressure was stable and pulse 100+.

    They were mistaken as my normal pulse is slow due to digoxin medication and my heart condition - around 60. Rapid pulse is an indication of dehydration, shock, or a reaction to medication. I had shaking chills like a massive epinephrine release a ½ hour or so later, making me think I had been syncopal. After numerous nebulizer treatments, I was able to tell the doctor I needed at least 2-3 liters of fluid rapidly and I needed to lie flat. He gave me 1 liter and sat me up to help me breathe, but laid me flat when I became a little incoherent on and off. I know they took off my clothes and searched me, took Polaroid pictures of me, inked a finger and took a print, and numbered my arm with a marker while the medical staff worked on me. I don’t remember everything because I was becoming incoherent on and off.

    Then they called an ambulance for urgent transport to St. Anthony Hospital (It’s the closest hospital – they usually take a prisoner to Cook County Hospital if the jail hospital cannot handle the problem, but they take prisoners to St. Anthony’s if they are critical, or look like they will need urgent intubation). I was shackled to the stretcher in the ambulance and accompanied by a guard. At St. Anthony’s they treated me while my right arm was handcuffed and left leg shackled to the bed with very heavy chains. It was difficult to get comfortable and bend my knee due to the weight of the heavy belly chain the guards attached to the leg shackles in order to chain me to the bed. The liter of fluid, and lots of albuterol nebs was already starting to work, and I was feeling a little better by the time I went to St. Anthony’s. I was no longer having episodes of apnea or episodes of incoherence. I know the doctors were given a copy of my medical summary, which I carry with me in my bag. I felt numerous episodes of extrasystoles/palpitations, but the doctor said the EKG was normal. I don’t believe they noticed the palpitations on the monitor, but I saw a few skipped beats myself after I was a little better. The EKG was actually abnormal both at Cermak and at St. Anthony and suggested an evolving heart attack with ST wave depression (ischemia). I had prominent chest pain, but didn’t complain because it was small compared to my excruciating back pain. I was presyncopal and in mental shock from this ordeal and said very little, so I was unable to adequately express my discomforts – partly out of fear of the guards. The standard of care in this situation is to admit the patient to the hospital for at least 24 hours with continuous EKG monitoring, with total bed rest, aggressive pain control, nitroglycerin to dilate the coronary vessels and serial cardiac enzyme tests to determine if the person had or is having a heart attack.

    After another 4 or so hours I was breathing better, but still in need of asthma medications every few hours. They gave me a sandwich and 4 oz orange juice and some water. They said my labs - cardiac enzymes, etc were normal. However they had done only one set of enzymes. They said that I didn't need admission as Cermak Hospital could handle further medication orders and lab orders. I was transported back to County Jail lying down in the back of a police car. At first the guards shackled my legs and were going to handcuff me, but when I said I had a herniated disc, they saw I was in pain and needed their help to get off the bed and into the wheelchair, they took off the shackles and declined to handcuff me. I was dressed only in two gowns and socks.

    On arrival at the jail at around 10:00 p.m., they wheeled me to processing for an ID picture, and took me to the clinic. I waited 2 or more hours at the clinic, sitting in a wheelchair feeling faint, before being seen by a nurse and the doctor, who verified I was stable enough to be sent to 3E. It was a very quick check – a few seconds when the doctor listened to my lungs - and I was unable to tell the doctor everything I needed, except fluids. This was a totally inadequate assessment. In the clinic waiting area, after seeing the doctor two hours after arrival, a guard gave me a quart of water, saying “don’t say daddy never gave you anything,” and I guzzled it down. I was still thirsty. Several kind inmates went to the bathroom and got me two small 3 oz cups of water, and covered me with their jackets and blankets as I was shivering intensely to the point of rigors – rattling the wheelchair, in the cold room, after drinking the quart of ice water. I will never forget the genuine kindness of these inmates, many of whom are guilty of serious crimes, and the cruelty of the guards who try hard to intimidate and threaten everyone as a means of control with extremely foul language and constant physical threats and extreme verbal abuse.

    It appears the goal of the guards is to make you act as if you had just been beaten to a pulp, with total submission and slave like behavior, with constant acknowledgement of the guards control over you. Cattle are treated with more respect. The guards act like a pack of wolves, and make you feel like you're about to be beaten up every minute. They treat the mentally ill and injured equally badly, if not worse, because they cannot instantly jump to commands and get water themselves. It is obvious that at least a third of the inmates are very mentally ill. There are a few kind and proper guards, particularly the chaplains. I waited another hour in the clinic for a transport guard. I was admitted to Cermak 3E prison infirmary unit around 1:30 a.m., Oct 23. I used the toilet once after slowly walking to the toilet in the room – they gave me a walker. All rooms have single stainless steel toilet, sink units with push buttons for flushing and water. The buttons are hard to push when you are weak. There is no soap. There is a short privacy wall in front of the toilet. The rooms are cold and toilet seats so cold that it is difficult to urinate. I was shivering all night in a hospital gown, one sheet and two blankets - one I half rolled up as a hard pillow, to try to ease my neck spasms. The rooms have no oxygen outlets and are really just cells with hospital beds and a small cabinet for each prisoner. The “hospital” cells at Cermak are cinderblock with a high Plexiglass window next to the hall and a very heavy steal cell door. There is no call button or way to get help except to hit the door or Plexiglas window with your hand, which is difficult if one is sick.

    I understand why there are excessive deaths at Cook County Jail. They are due to medical neglect and lack of proper monitoring. I understand why activist Ms. Molina (a diabetic in a wheelchair) and an asthmatic with emphysema (Mr. Bruck) were found dead in their cells in the morning. This was involuntary manslaughter due to willful medical neglect and is inexcusable. It is unbelievable to me that this is not being properly investigated and criminal charges have not been filed. Without medication or monitoring, someone who is sick and ignored at night will die. With insufficient staff suicides are high (60 per year at least). Cermak is not a “hospital”. It is a death trap.
    At Cermak 3E they denied me food until the morning, denied me anything to drink except water, which I was unable to get as I was not given a cup (even paper) and was too weak to cup my hands and get water from the small sink faucet, denied me pain medication and my heart medication (Fluorinef and potassium), denied me my pressurized stockings. They had confiscated my cane and gave me a walker and a bed next to the toilet. The were going to isolate me in a single cell, but none was available, so they put me in a five bed cell at the far end of the unit farthest from the nurses station with two other prisoners who were obviously mentally ill.

    I feared for my life, but was optimistic, as they seemed sedated. The other five or so prisoners on the units were orthopedic patients with amputations or other medical problems. I asked for pain meds several times during the night, by hitting the window, and they opened the locked cell door twice, yelled at me that I was uncooperative and should stop making noise, and said I would have to see the doctor the next day. My back pain was very intense. They refused to call the doctor, although one is available 24 hours. I told them, that I told the doctor I needed double fluids, not just water, but something with salt, pain meds, fluorinef, potassium, and my pressure hosiery. I go into mild shock if I don’t take fluorinef and push fluids and salt. They ignored me and said the doctor would have ordered it if I needed it. I said he may have forgot, I was a doctor with complicated medical problems, and I knew what I was talking about. I told them I faint easily because of a condition and go into asystole. I pleaded with them to talk with the doctor without success. They laughed and berated me. They didn’t even give me Tylenol.

    I told them, I was having increased difficulty breathing, and that my back pain was severe. The third time I tapped on the window to the cell they ignored me. A nurse is present on the ward and a doctor available 24 hours, but the prisoner must come out of the cell to have vital signs checked every morning and the nurse does no regular checks of the patients/prisoners. If my asthma would have worsened, I might have been found dead in the bed in the morning. The bed has a hand crank for the head and foot. I had to raise it myself with great effort by turning the cranks to elevate my head and feet, so I wouldn’t faint and so I could breathe better and relieve my back pain a bit. They do not give out pillows or socks or shoes, even though I said I had had neck surgery and get painful muscle spasms if I sleep without a pillow. They did not check on me at all through the next few hours. I was denied shoes or slippers and only had the socks the hospital gave me to cover my bare, shackled feet, since the guard and nurse at the Cermak emergency room had stripped me of my clothes.

    I was unable to sleep due to the pain. I was mildly short of breath. The second time the nurse answered my tap on the window, she threw me an albuterol inhaler, when I asked for asthma medicine. I used it several times during the night. As there is no clock and watches are confiscated, I had no idea how often I was using the inhaler, but I estimated my breathing rate and pulse and tried to use it if I felt increasing air hunger or my respiratory rate was above 25-30. I was shivering intensely, which helped keep me from fainting. My pulse was increasing and my skin and perfusion was poor so I was concerned that I was getting further dehydrated and shocky. If my asthma or condition had worsened, I’m sure they wouldn’t have noticed and I’m sure people die in there of neglect, because of what I saw and experienced.

    A prisoner is issued one small towel and told you must use it all week. I rolled up the slightly damp towel I used to wipe my hands and tried to use it as a roll behind my back to ease the pain. Linen is changed once a week. In the infirmary 3E unit, Cermak “hospital”, you are required to wear a hospital gown and change into prison uniform when off the unit. You can take a shower if you are able to by yourself, but I was too weak. The guard didn’t even tell me where to find the shower.

    They ordered me to go on the bus to a court hearing the next day at 6:00 am after waking us up at 5:00 a.m. to eat and dress. I knew my condition was not good as I was very shaky, weak, and found it difficult to walk even twenty feet with a walker. They refused to help me with the breakfast tray, or in opening the heavy cell door after they unlocked it in the morning. They refused to help me dress. I refused to dress or go on the bus, and cried and pleaded that I did not want to die, and that I really had a serious fainting problem where my heart stops, that I needed more fluids, not just water, and did not wish to be exposed to tobacco smoke again. They refused me more fluids except water, which I had to get myself.

    Eventually after very nasty threats, yelling and screaming at me and threatening bodily harm with military looking SWAT team dressed officers, calling in a number of guards to deal with an uncooperative inmate (me), accusations that I was whining and faking illness, a (God Bless) sensible Sergeant ordered that I be protected from tobacco smoke and transported in a wheelchair van, after verifying my story with the jail doctor. The hall guard and nurse had told the other guards they called in I was faking my weakness, uncooperative, and should be dealt with severely.

    They gave me prison garb and I changed slowly from the hospital gown to the prison garb. They made no effort to assist me. My panties were very wet from sweating (due to pain and presyncope, not from the cold) and I took them off. I asked for underwear and was only provided a mesh pair, really just meant to hold a sanitary napkin. I pleaded to be allowed to talk to a doctor. The nurse called the doctor and received an order for a nonsteroidal pain med. I told the nurse I couldn’t take it because it makes me bleed. She became angry when I told him I needed Vicodin and Valium, and called him back and he approved Tylenol with Codeine, but she refused to push for Valium, which I needed to calm my back spasms. After neurosurgery two years ago, the best combination was a half dose of Vicodin and a half dose of Valium – they worked together synergistically very well without sedating me too much. Valium is a potent muscle relaxant used after spinal surgery for muscle spasms. Narcotics and Tylenol do nothing for the spasms. She offered me a full dose of Tylenol with Codeine, but I only took a half dose so I wouldn’t be too sedated at the court hearing. They refused to let me talk with the doctor – as I am a doctor and know what I need very well, that was most appropriate, and I wanted to tell him I didn’t want to be over sedated for the hearing and I was increasingly dehydrated. No one offered to help me, despite my obvious weakness, pale appearance, and back pain. The transport guards were visibly angry that I was walking too slowly with the walker, so they got the wheelchair.

    They took me to the jail clinic and said I would see the doctor first because I said I needed my heart medications. There were very few people in the clinic and after a particularly vicious tirade by a guard against an obviously mentally impaired inmate, I related to him that treating the mentally impaired or any human being like that only makes them angry, and that I control people in my clinic with kind respect. I suggested certain responses and language appropriate for a guard. He said he had 16 years experience as a guard and that the only thing that works is verbal abuse to control inmate scum. He thought this was a riot, was amused, but he had a good conversation with me and agreed to try this.

    It did work nicely with the inmate – the guard seemed stunned, and I discussed the need for all of us to treat each other with absolute respect with all the other inmates, and they seemed puzzled but agreed when I called them sir and ma'am, shook their hands, and said I respected them all as human beings and hope things go well for them and if they had committed crimes they owned up, paid the price, and went on with their lives in a more productive way. I explained to them, I was a doctor, was charged with Aggravated Battery of a Police Officer, which made them laugh and brought the house down – even the guard, as I’m such an obvious physically impaired wimp, and that my philosophy was nonviolence, equal treatment for all, civil language, open-mindedness, and admitting one’s mistakes. They urged me to run for office and said they would vote for me, unless I ended up in jail. They all seemed to think I was set-up and I don’t disagree. I never did see the doctor, and they transported me by wheelchair van to Bridgeview lock-up at the courthouse. After about an hour the pain medication helped quite a bit and the partial pain relief lasted until about noon.At Bridgeview courthouse, I again was placed in a cold cell from early morning until transport back to County Jail at 6:00 p.m. Most of the time I spend lying down, feeling faint, shivering to the point of intense rigors on the cold bench, with severe pain from about noon to the time I was released from County Jail, went home and took pain meds. I asked several times, but they denied me a prison jacket or a blanket. There were numerous other prisoners also loudly complaining about the cold conditions. The guards just yelled at them to shut up and be patient, that transport was coming soon. I was too weak and incredibly dehydrated, to ask loudly or excessively for relief from the cold. The guards simply ignored me. I was denied food and too weak to drink from the fountain until after the court hearing, when I was given a little lunch. I had not had any sleep because of intense back pain, was very weak from the asthma episode and arguing with the guards and so little food or fluids.

    At the hearing, which was postponed from the previous day on my misdemeanor trespass charge, the judge observed that I was confused, pale, and nearly passing out (from dehydration and malignant neurocardiogenic presyncope, as well as my asthma ordeal – essentially early shock). My father and friends at the hearing later told me they were stunned at my appearance (yellow white color, barely able to sit leaning against the IV pole on the wheelchair), and they thought the judge should have called an ambulance.

    Judge Smerciak was recklessly negligent in not ordering an immediate medical evaluation in a hospital, when I requested medical assistance. They did allow me to keep my inhaler with me and I used it several times, every few hours. I was able to tell him I had been at St. Anthony's in respiratory failure due to exposure to tobacco smoke. The Sheriff Sergeants said they could not confirm that I spent any time in a hospital, and didn’t know anything. The judge passed the hearing until they could confirm this. There were also fresh needle sticks, bruises from them, and bandages on my arms from the IV site. He postponed the hearing because he stated I it was obvious I couldn't follow what was going on, and ordered me held in custody at Cermak, unless I could Bond out, informed my father and me of the Bail amount of $17,500 ($10,000 for the aggravated battery and $7,500 for violation of bail bond on the trespass charge), and ordered that I have access to my personal court file, while in the jail. The bond judge had approved a charge of violation of felony bond – this is an illegal and unauthorized charge as I has not been previously charged with a felony. The constitution prohibits made-up charges outside of that in state statutes.

    While transporting me to the courtroom in a wheelchair, I heard a guard say "We thought she was faking it yesterday (with her back)." The guard that checked me into the lock-up seemed stunned at my weak, pale, appearance and arrival by wheelchair, and asked what happened. I said: "I told you I could die if I went on the bus because of my critical allergy to tobacco smoke and that I was sick. I was exposed to tobacco smoke on the bus, stopped breathing and had to be revived and taken to the hospital. I hadn't been given medicine or fluids that I needed and felt extremely weak as if I was going to faint." After I said that, the Deputies disappeared and I was escorted from that point onwards by Sergeants. The guards from that point onward helped me in and out of the wheelchair.

    Another prisoner, Mr. D - also transported in the wheelchair van, was very concerned about me because, on the way to Bridgeview Courthouse, I turned white in the van, became a little incoherent, and had to put my head between my knees, despite the back pain to keep from passing out. On the way back he said my color was better but that he overheard a male guard state how they had "body slammed that woman they arrested the other day so badly she hurt her back and ended up in a wheelchair today." He gave me some advice about surviving at Cermak and County Jail and was very kind. He actually gave me his jacket to keep me warm on the way over, because the County did not give me a jacket to wear and Mr. D said he knew my back would go into spasm if I didn't warm up. At Bridgeview they would not allow the jackets in the holding cell. I believe the inmates who helped me get water, stay warm, urged me to keep breathing, and gave advice about survival, may have saved my life. I will never forget this. I will also never forget the subhuman treatment, with extreme verbal abuse, physical torture with lack of adequate fluids and medicine, cold stress, lack of attention to medical and physical needs, which endangered my life.

    I am now still suffering from symptoms of post-traumatic stress disorder, depression, and anxiety (flashbacks where I seem out of touch with things, crying episodes, and anhedonia). I don’t know when this nightmare of defamation, unlawful arrests, and attacks that have ruined me financially, destroyed my career, made me indigent and homeless – except for the charity of others, damaged my health, and severely hurt my son, family, friends, and patients, will end. It is only faith that has sustained me, along with a few loyal friends and family. It is astonishing and troubling how easily people believe defamation, how quickly “friends” believe it and abandon you, how easy it is to defame and destroy someone by falsely stating they are crazy and violent, and how true it is that “evil prospers when good men fail to act.”

    I now have a very personal understanding of how the Jewish professionals felt in WWII, how the screenwriters felt during the McCarthy era, and how my uncles felt as they were “disappeared” by Soviet agents during the 1956 revolt in Hungary. Their battle cry to their death was “Topra Magyar” (to your souls Hungarians!). Sadly the false promise by the United States over the radio that they would help the Hungarian revolt was only a lie and thousands died, the people were subjugated for years and the United States was tarnished. I pray people around me will grow to understand the meaning of the word solidarity, and the sacrifice that so many people made, during so many recent times in recent history, to remove corruption and secure freedom. I have sacrificed so much, as has my family, in order to protect the children and their parents, especially the handicapped and abused, in Illinois. I will not run away from this evil, or fear it. I pray that my faith keeps hate from my heart. I believe in truth and justice and the United States Constitution.

    Even in our darkest hours, like the McCarthy era, light eventually emerges and the path to truth and justice overwhelms evil. I never just talked the talk. I always walk the walk, and do what I say. I will not abandon the path I have taken to seek justice, or I would dishonor the souls of so many who have sacrificed so much before me. I want to build a better place for my son to prosper in, in the future. I worry, that I may not be able to think straight in the courthouse at future hearings/trial, and may shake uncontrollably as I had done for days after recovering from the dehydration due to flashbacks of suffocating while the guards were yelling at me and flashbacks of shivering to the point of rigors while in excruciating pain. I received psychotherapy for a year for these mental health consequences of torture and defamation, and still have much trouble with depression and trouble with flashbacks and anxiety around police dressed in black or SWAT uniforms.After the hearing they gave me a lunch, I drank the 8 oz of juice (flavored corn syrup) and forced myself to get to the water fountain in great pain, trying not to pass out, and drank about 10 containers of water (88 oz). I am prescribed huge doses of salt each day by my doctor to counteract my extremely low blood pressure and tendency to go unconscious. They wouldn’t let me have the necessary salt. The medicine I take causes me to have low potassium levels if I don't take potassium pills and eat. I forced myself to eat one cold baloney sandwich. I think this was contributing to my extreme weakness. Low potassium levels inhibit muscle activity and cause extreme weakness. I had only had one cold turkey sandwich, 4 oz orange juice, 4 oz water at St. Anthony ER, and 6 oz milk, 2 oz juice (the rest was frozen solid) and a little cold cream of wheat with a piece of bread at Cermak, and the quart of water in the clinic, in 24 hours. The lack of food and salt made it impossible to retain this fluid and I quickly lost it through urination. Cermak ER had pushed 1 liter saline rapidly intravenously at my request at about 5:00 p.m. I kept trying to instruct the doctor, what was wrong with me and how to treat me and he mostly was very kind, but complied only partially, probably due to his ignorance of my unusual conditions and because he’s asked to see too many patients in too short a time. My fluid needs are at least 2-3 liter per day without stress, 4-5 if stressed, with high salt so I can retain the fluid. The drinking and eating gave me some strength and I was able to get back to County Jail without passing out.

    The jail was very dry, I was sweating a lot from my ordeal and presyncopal symptoms (losing a lot of salt needed to retain the fluid), which were almost constant, and breathing fast much of the time, so I knew my fluid losses were great and salt deficit mounting. I also had had flu symptoms with diarrhea for the previous four days (a mild virus), which already had mildly dehydrated me. My pulse was rapid around 100 suggesting severe dehydration and my skin turgor remained poor. I remember very little from the previous day's Bond Hearing, as I was nearly passing out, seated in a wheelchair with my head down. My symptoms were largely related to severe dehydration (medical neglect, as a need double the normal fluid requirement daily), lack of salt (medical neglect, as I need a high salt diet) lack of my medications and pressure hosiery (medical neglect), and asthma caused by exposure to tobacco smoke (medical endangerment). I found a piece of paper with a public defender's name on it and a court date in my pocket in the prison garb. The bond slips give a court date of Oct 29 at 9:00 a.m. for ABPO and 9:30 a.m. for VOBB room 103. I was told that my misdemeanor trespass hearing was continued until Oct 29 at 9:30 a.m.
    After eating and drinking fluids in the evening at Cermak 3E (a carton of milk and lots of water), and finally receiving my heart medications, I was able to walk a short distance without feeling faint. They continued to deny me salt, and the food had very little. Between returning from Bridgeview Courthouse, until I was released, I stayed in bed as I kept feeling like I might pass out. The nurse and guards were unbelievably cruel, in ignoring my needs - they acted as if they would ignore me if I fell over dead, and I feared for my life. They wouldn’t help me get around, open the heavy cell door – you have to come out to a table to get meals and must clean up and place the tray by the unit door on the floor when finished, kept yelling at me and not believing what I was saying about feeling faint, saying I had an attitude problem or ignoring me. They refused to call the doctor and ask for pain meds, refused me extra fluids, as my condition requires. They refused to allow me to make a phone call to a lawyer or family.

    The second day, one of the inmates told me we could use a phone collect, but my friend’s number and several lawyers numbers had answering machines and you can’t get a collect call to an answering machine. I stated that I was entitled to a phone call upon arrival to County Jail and they said if I couldn’t get through they wouldn’t let me use another phone. One of the inmates said the social worker comes by on Thursday and that she would contact my lawyer and family if I asked her to.

    When discharged, they told me to come to the clothing storage room to get my clothes. I walked very slowly there and the guard kept yelling at me. I felt very faint and had to sit at the table with my head between my knees. The guard stood over me and yelled at me to move it. I finally was able to dress with great effort. They told me to walk and when I couldn't they got mad yelled at me, but got a wheelchair. The prison is very large and I was not able to walk a long distance. They yelled at me to wheel myself in the wheelchair, until they noticed that there were no large side wheels, and someone had to push me. They took me in a wheelchair to the discharge area, then denied me a wheelchair or my cane.

    The other inmates being discharged allowed me to lean on them through the four-hour process of being discharged, waiting in lines and very hot holding cells with almost no ventilation, and walking down long halls, were very concerned because I looked pale and weak, and the guards allowed me to sit down frequently as I was looking pale. I didn’t know if it was day or night or what day. I thought it was the morning of 10-24-02, but an inmate told me it was 8:00 p.m. on 10-23-02 – I had only slept for about an hour when they woke me up to Bond me out – not overnight as I thought. I kept putting water on my arms, face, and neck in the holding cell, and lying on the bench, to keep from passing out. One of the inmates smoked in the discharge locked holding cell despite my protests, but fortunately there was a fan that was blowing the smoke out. It still started an asthma attack, but I was able to control it with four puffs from my inhaler. The guards didn’t check on us for over two hours during waiting in the holding cell, so I knew if I had a severe asthma attack, I could die.

    At the last stop, before exiting the jail, you retrieve your property, I only had a receipt for my medicine, but a previous guard had said I had three items. At home, I later found another receipt in my briefcase - they put it there while I was at the hospital. The guards refused to look for them and said I had to come back the next day. I said I couldn't go anywhere without my cane and that all my court papers, which were very important were in my bag. I refused to leave, and after lots of verbal abuse and threats of arrest for disorderly conduct, the guards finally looked for my property and found it my cane, coat, and hand-cart. They insisted I sign a receipt for my property before I checked it. I objected and they took the property back, said I had to retrieve it the next day, and made me wait and argue that I needed it. Eventually, because I sat down patiently stating I wouldn't leave without my property, they gave it to me and also found my briefcase. When I received my property (large bag with court papers, wallet, rings, cane, wheeling cart, coat and jacket, some medicine had disappeared), I had to walk a short distance, outside and through another building, to where my family and friend were waiting and then they assisted me out to the car.

    On my way home, I was very weak and took a long time to recover. I kept feeling light-headed and felt frequent extrasystoles to the point I was afraid to drive or I might pass out. My right leg weakness is worse and is being followed by my neurosurgeon. I have a congenital defect in my back and had neurosurgery of the cervical spine in 2000, where they reconstructed C3 to C7 in a very major operation. My whole spinal column has this defect. That, I think, is why the herniated disc is causing a right leg paresis. The battery by the Sheriff made my right leg weaker and my back pain worse. I have followed up with my cardiologist, who feels I did not have a major heart attack, but started me on new medication due to the increase in episodes of chest pain and shortness of breathe since release from the jail. Other cardiologists are reviewing the possibility I may have had a mild heart attack. This cannot be verified as serial enzymes and EKGs were not checked at the time.
    Other observations in jail are that it is extremely noisy, the opening and closing of heavy electronic jail doors, particularly at Bridgeview Courthouse lock-up, constantly echoes throughout the building and is burned into your brain – grinding and then a clack, the guards have dirtier mouths than truck drivers and constantly are threatening grievous assault to control people. The holding cells at County are extremely filthy, with years of cigarette smoke residue on the walls, and the toilets and sinks and water fountains are frequently not working in the holding cells – the filth is so atrocious, you don’t want to use it if they are working. Partially eaten lunches, wads of toilet paper clogging the sinks, etc. The guards do not offer to explain anything, and try to make your life as difficult as possible at every turn. They violate the law that states that jails must give prisoners an orientation.

    Treating them with respect is not enough – they want the response of a slave – yes master, please master, type stuff. If you disagree with anything, even if you are right, they give you grief with physical threats, shoving, extreme verbal abuse, and say you have an attitude problem. They pick out their favorites among longer-term inmates, who have learned to act like slaves, and give all newcomers hell. Some of these hardened inmates assist the guards in making life difficult. The nurses on the floor act the same way.

    The nurses in the clinic are a bit nicer, but some treat you roughly as if you are a violent, foul type of person. Guards and nurses enjoy immensely giving a doctor/inmate/”violent batterer of police” a hard time and putting me down at every opportunity. Intimidation and threats are used, and large numbers of guards are quickly called if you disagree with anything. This “beater squad” (the SORT team [similar to SWAT]) is well known among the inmates for their extreme physical brutality. The food is really extremely bad, cold, and saltless/spiceless, but adequate in volume. Cold crème of wheat without salt (I call it cold crème of wheat on a stick), cold overcooked unsalted, steamed vegetable from a can, and cold stale bread, is hard to swallow. The diet appears to be very low salt. Only milk and juice (mostly colored corn syrup) are given to drink. No tea, coffee, or pop. A small carton of frozen partially real juice is given only in the morning. The availability of fluids is inadequate. During long hours of processing in and out of the jail, a prisoner may not drink fluids because they are not available or the fountain on the sink is too dirty and they are afraid of catching an illness. Stress increases fluid loss and fluid requirements and the jail is very dry which increases fluid losses. Therefore, fluid requirements at the jail are higher than normal. I saw numerous prisoners who were being processed out of the jail who were clearly very dehydrated to the point of profound weakness and pallor. This is a problem that needs correction and is very dangerous for the health of persons with diabetes, neurocardiogenic syncope, or adrenal insufficiency.

    I was admitted to hospital 11-15-02 to 12-02-02 for treatment of post-traumatic stress and depression due to the above incident. I shake and get very nervous now around any police officer or driving by police or on entry into the courthouse. I have to partially sedate myself to enter the courthouse in order to go by the guards without suffering a flashback or becoming incapacitated by shaking and anxiety. I had NEVER been violently hit or beaten by anyone before in my life! It is particularly difficult to pass by Deputy Doran or her associates who illegally attacked me, violated my rights, and are maliciously prosecuting me in violation of law. I am undergoing continuing psychiatric treatment to deal with this problem. I also was admitted 2-20-03 to 2-22-03 due to, basilar migraine, chest pain, presyncope, and orthostatic hypotension from neurocardiogenic syncope and a mineralcorticoid deficiency. I seem now to be dependent on supplemental mineralcorticoid or a high load of daily salt and water, to maintain my blood pressure. My right leg has partially recovered its nerve function but I still have motor deficits at the ankle and foot – this may be permanent.

    Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedures, the undersigned certifies that the statements set forth in this instrument are true and correct.

    November 29, 2004 _______________________________
    Linda L. Shelton

    It is important to remember the famous research study done some years back at Standfor University about behavior among inmates and guards. A fake jail was made and college students were divided in half – some “guards” and some “inmates”. The study astonishingly had to be stopped after two weeks because the guards became so inhumane and brutal and the inmates were suffering mentally so severely.

    This proves that empathy, civility, and reason, disappear in the face of expectations, lack of supervision, and primitive instincts. We must have extreme oversight in prisons, unbreakable rules to protect the inmates, and swift severe punishment for guards whom cross the line into brutality, criminal behavior, abuse (verbal or physical), medical neglect, rape, and torture.

    If we want to teach criminal behavior, brutality and crime by the example of the guards, increase the death and injury rates of peace officers because released inmates are so angry and filled with such hate for being tortured, have continued punishment on the outside with lack of jobs, lack of housing, loss of rights, and the difficulties with expunging minor records then we will continue on the present path.

    If we want to reduce crime, decrease injuries and deaths among officers, and increase humanity in our society then we will move towards rehabilitation, education, restoration of rights once a sentence is completed, away from the stigma of being an ex-con as long as one has really been rehabilitated, strict oversight of guards, away from supermax prisons that are clearly torture chambers, and increase drastically mental health care and civilian oversight of prisons and jails, as well as post-release assistance with integrating back into society.

    COOK COUNTY JAIL IS A TORTURE CHAMBER WITHOUT PROPER OVERSIGHT OF GUARDS, WITHOUT PROPER SCREENING OF GUARDS TO WEED OUT BULLIES AND SOCIOPATHS, AND WITHOUT VIDEO CAMERAS TO DOCUMENT THE PHYSICAL BRUTALITY OF THE GUARDS. THE DOCTORS ARE OFTEN INCOMPETENT TO THE POINT OF ENDANGERING LIVES. THE JAIL NEEDS TO BE PLACED IN RECEIVERSHIP, UNDER THE SUPERVISION OF THE FEDERAL GOVERNMENT WITH FEDERAL MARSHALLS MONITORING THE PLACE.

    Thursday, October 9, 2008

    IL Dept Corrections/Prisoner Review Board - Violate Mental Health Laws/Statutes - Endanger Public

    IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
    COUNTY DEPARTMENT, CHANCERY DIVISION

    LINDA SHELTON, Plaintiff v.
    JORGE MONTES, Chairman Illinois Prisoner
    Review Board in his official capacity, and ROGER WALKER JR., Director Illinois Department of Corrections in his official capacity, Defendants,

    Hon. Rita M. Novak Judge Presiding
    08 CH 24471

    COMPLAINT FOR INJUNCTION

    Parties
    1. Plaintiff, during pendency of this complaint, was a resident of the State of Illinois and County of Cook and a person who was wrongfully convicted of aggravated battery of a correctional officer on December 3, 2007 and sentenced to two years in the Illinois Department of Corrections (“IDOC”).[1] She completed the minimum prison sentence on March 31, 2008 and was released on mandatory supervised release (“MSR”), which is effective until March 27, 2009. She is actively pursuing an appeal of this wrongful and fraudulent conviction.
    2. Defendant Walker, at all times during the pendency of this complaint, was the duly appointed director of the IDOC and the legal custodian of Plaintiff from December 3, 2007 to the present.
    3. The Illinois Department of Corrections is a Department in the State of Illinois authorized by Statute to maintain custody of persons lawfully convicted of a felony crime and sentenced to the penitentiary during the pendency of their sentence.
    4. Defendant Montes, at all times during the pendency of this complaint, was the duly appointed director of the Illinois Prisoner Review Board (“PRB”).
    5. The PRB is an agency in the State of Illinois authorized by Statute to serve as the board of review, independent of the IDOC, for cases involving revocation of prison good conduct credits, or a suspension or reduction in the rate of accumulating such credit; as well as the authority for setting conditions of mandatory supervised release under 730 ILCS Section 5/3-3-7(a)&(b) of the Illinois Code of Corrections, and determining whether a violation of those conditions warrant revocation of MSR or the imposition of other sanctions.
    Facts
    6. On March 28, 2008, Plaintiff was released from the penitentiary and placed on MSR after serving the minimum sentence minus good conduct credits.
    7. On March 28, 2008, while at Dwight Correctional Center, during the release process, Plaintiff was ordered to sign an agreement for mandatory supervised release and related papers. Plaintiff refused to sign such papers because they erroneously listed her mandatory approved residence as a place she had never heard of, “Hardin House, 7528 S Eggleston, Chicago,” when she actually lives at XXXXX and is responsible for assisting her elderly disabled father with his affairs, as well as because Plaintiff was told she was being turned over to the custody of the Cook County Department of Corrections (“CCDOC”), when in fact she had paid a bond on one last pending wrongful criminal charge and was to be released.
    8. IDOC staff, at no point, prior to release on March 28, 2008, discussed living arrangements, conditions of MSR, or Plaintiff’s transfer to the CCDOC with Plaintiff. The above erroneous arrangements and ordered mandatory residence were a shock to Plaintiff, and would have perpetuated the extreme hardship on her father.
    9. On March 28, 2008, immediately after Plaintiff refused to sign and complained about the erroneous MSR documents, Plaintiff was taken into custody on an alleged charge of violation of parole for “refusing to live at assigned residence, and refusing to sign MSR agreement.”
    10. 730 ILCS 5/3-3-9(d) states that MSR may not be revoked without written notice to the offender. Plaintiff was negligently taken into custody on March 28, 2008, because she legitimately refused to sign documents that erroneously said she was going to live at 7528 S. Eggleston in Chicago. Plaintiff was not given any written notice. Nothing related to parole including the place Plaintiff would live and the fact she cared for her disabled elderly father was discussed with her before scheduled release on March 28, 2008.
    11. Plaintiff lives at XXXX AND was the caretaker for a disabled father, who had been forced to hire caretakers using his retirement funds due to the illegal and unconstitutional incarceration of his daughter, the Plaintiff.
    12. Plaintiff was also told that she was being turned over to CCDOC officers for transport back to the CCDOC, when she had posted bond, and there was absolutely no reason to do anything but release her immediately. Turning her over to the CCDOC officers was illegal.
    13. 730 ILCS 5/3-3-7(c) states that those persons placed under MSR SHALL be told of special conditions of MSR before release and he SHALL sign a copy of such conditions before release. The document signed by Plaintiff on March 31, 2008 listed no special conditions of MSR, nor has Plaintiff ever received a copy of PRB order for special conditions of MSR, or been asked to sign another MSR agreement document.
    14. This mandatory rather than discretionary language means that the PRB may not enlarge or modify conditions of MSR unless there is a due process finding of a violation of conditions of MSR by the PRB.
    15. Plaintiff was held until March 31, 2008 in custody, and then released after signing partially corrected MSR documents under duress of threat of continued custody.

    A. Enlargement of Statutory Conditions for MSR may NOT be made After Release Without a Finding of Violation of Conditions of MSR in a Due Process Hearing.

    16. On information and belief, the PRB at a hearing without the presence of the Plaintiff or her counsel, and without due process, on May 28, 2008, illegally ordered special conditions of MSR for Plaintiff including “CG anger management counseli[ng]” (a form of mental health treatment), as well as “CP outpatient m[e]nt[a]l h[ea]lth cond[itions]” (which has not been defined to Plaintiff). This is quoted from a computer printout, labeled “ PAROLE – PRB HEARING SCHEDULE/RESULTS INQUIRY . . . SPECIAL ORDERS:”, received from Parole Agent Supervisor Dana Travis. Plaintiff has never received this illegal order in writing.
    17. 730 ILCS 5/3-3-9(c) states that a person charged with violating a condition of MSR SHALL have a preliminary hearing. Plaintiff never received a preliminary hearing after her MSR was revoked from March 28, 2008 through March 31, 2008. Therefore, it was never determined if there was probable cause to revoke her MSR on March 28, 2008. The IDOC computer printout record for Plaintiff from Parole Agent Supervisor Dana Travis is devoid of a finding of violation of MSR.
    18. 730 ILCS 5/3-3-7(d) states, only when an offender on MSR is charged with a violation of conditions of MSR, that the PRB may modify or enlarge the (statutory) conditions of MSR after a hearing with due process. Plaintiff was never notified of a hearing or allowed to be present during the hearings held by the PRB on May 28, 2008 and June 16, 2008 regarding her MSR, despite the fact her MSR was revoked from March 28, 2008 through March 31, 2008. Therefore, due process was denied Plaintiff, when special conditions of MSR were placed upon her by the PRB.
    19. 730 ILCS 5/3-3-9(e) states that an offender charged with violation of MSR has the RIGHT to 1) appear and answer the charge; and 2) bring witnesses on his behalf. These rights have been denied Plaintiff to date.
    20. 730 ILCS 5/3-5-1 states that if the PRB makes a determination that affects the length of confinement, the committed person and his counsel shall be advised of factual information relied upon by the respective Department or Board to make the determination. Plaintiff can be recommitted if she fails to cooperate with the illegal orders for special conditions of MSR, and the PRB decides she violated special conditions of MSR as illegally ordered. Therefore she is entitled to have copies of documents used to make the determination that an order for special conditions was required, as well as a transcript of the hearings during which special conditions of MSR were illegally ordered. She has never been given these documents.

    B. Basic Statutory Construction Rules and Plain Language Interpretation in regards to Conflicting Statutes REQUIRE that PRB Requirements for Involuntary Mental Health Evaluation and Treatment SHALL Comply with Mandates of the MHDDC

    21. The Illinois Code of Corrections, 730 ILCS 5/3-3-7(b), states that, “The Board may in addition to other conditions[agreed to by offender before release per 730 ILCS 5/3-3-7(c)] require that the subject: . . (2) undergo medical or psychiatric treatment or treatment for drug addiction or alcoholism.”
    22. 730 ILCS 5/3-3-7(b) is in CONFLICT with the Illinois Mental Health and Developmental Disabilities Code (“MHDDC”). 405 ILCS 5, SPECIFICALLY REQUIRES DUE PROCESS and a COURT HEARING before a subject is subjected to involuntary treatment, the definition of which includes evaluation. This is because a person has a Fifth Amendment Constitutional liberty interest in being free from involuntary medical treatment.
    23. Basic rules of statutory construction provide that when statutes conflict, specific provisions control over the general. Hernon v. E.W. Corrigan Const. Co., 149 Ill. 2d 190, 172 Ill. Dec. 200, 595 N.E.2d 561 (1992); First Bank of Oak Park v. Avenue Bank and Trust Co. of Oak Park, 605 F.2d 372 (7th Cir. 1979). Therefore, 730 ILCS 5/3-3-7(b) may not be used to order involuntary mental health evaluation because the more specific 405 ILCS 5 statute is controlling and mandates a court hearing and the right to a jury before ordering involuntary mental health treatment (defined by the MHDDC as including involuntary evaluation) , although it may be used if there is probable cause for order of involuntary drug addiction evaluation, treatment, and case management, as drug addiction in Illinois is not defined as a mental illness by the MHDDC, 405 ILCS 5.
    24. The Illinois Administrative Code pertaining to corrections, 20 IAC 470.80, states that the PRB may refer a subject, who is identified as a substance abuser, to an agency for case management and drug testing. Plaintiff has never been identified as a substance abuser. In fact, she has been assessed by multiple experts in psychiatry and psychology as not being a substance abuser, including:
    a. Dr. XXXX, a nationally renowned Forensic Psychiatrist from California who did an extensive evaluation of Plaintiff with 14 hrs of home observations and thorough review of medical and legal records in 2004;
    b. Dr. XXXX, a nationally renowned Forensic Psychologist and the chief mediator for the U.S. Postal Service at the time, did extensive psychological tests, interviews of collaterals, and direct examination of Plaintiff, as well as reviewed legal and medical records in 2003 and 2004;
    c. Plaintiff was involuntarily confined (not committed) at the UIC Psychiatry Ward for 13 days in 2005 by an illegal court order by Judge Pantle and they did extensive testing for organic brain disorder as well as extensive observation for psychiatric illness; and
    d. Dr. XXXX, a senior psychiatrist at the Psychoanalytic Institute of Chicago and Northwestern University, has evaluated Plaintiff for the case in which she was wrongfully convicted and in which she was illegally denied the right for her to have him testify, and has provided psychoanalytic therapy in 2007 to help diminish symptoms of PTSD.
    25. Plaintiff has never been adjudicated by any court as being subject to involuntary mental health treatment. All above psychiatrists have diagnosed Plaintiff as being unusually mentally stable under stress and suffering from no mental illness or personality disorder except for post-traumatic-stress disorder, exacerbated by the May 16, 2005 attack on her by CCDOC officer Sgt. Anthony Salemi, manifest by nightmares and flashbacks with non-violent symptoms and chronic low level depression without psychosis.
    26. IAC Section 1610.80, “Conditions of Release,” states that: “Persons released under … mandatory supervised release . . . are subject to rules of conduct prescribed by the Board and any special conditions deemed appropriate by the Board in individual cases. Said conditions for release to other than discretionary parole will be set without an interview.” This Adminstrative Code does not grant the PRB a license to enlarge conditions of MSR after release without a finding of violation of conditions of MSR in a due process hearing. As noted above this section of the Illinois Administrative Code is in CONFLICT with the MHDDC, 405 ILCS 5, and therefore, due to basic statutory construction rules, is NOT Controlling, as the MHDDC is more SPECIFIC and therefore MUST be followed. This statute is in all other ways valid concerning NON-mental health issues including drug addiction.
    27. As the PRB has failed to follow the MHDDC in providing Plaintiff due process, after release of Plaintiff, before enlarging conditions of MSR and illegally ordering involuntary mental health treatment, the PRB orders for special conditions of MSR, are legally NULL AND VOID ab initio.

    C. Parole Agent Pork Dockery’s Misinterpretation of Void Orders for Special Conditions of MSR Amounts to Incompetence of Parole Agent and Her Harassment of Plaintiff

    28. Parole Agent Victoria Pork Dockery (alias “PA Pork”), on June 25, 2008, ordered Plaintiff to report to “Safer Foundation,” in Chicago, for an “anger management evaluation and mental health evaluation,” by July 3, 2008. The Director of Safer Foundation in downtown Chicago, Ms.XXXX, on July 2, 2008, stated that Safer Foundation is an agency that helps ex-cons, particularly with drug problems, prepare for and obtain jobs, including drug abuse testing and monitoring, GED preparation, assistance with preparing resume and in preparing for interviews, and referrals to job sites, as well as case management concerning drug addiction. As an M.D., Ph.D., who is NOT a drug addict, Plaintiff is not in need of any assistance in this manner. Plaintiff is physically permanently handicapped and is “working” full-time without pay taking care of her disabled elderly father and his affairs, obtaining physical therapy since May 2008, due to her debilitated, emaciated, and weakened condition as a result of wrongful incarceration and medical neglect, scheduling a minor surgical heart procedure (radiofrequency ablation – kind of like an angiogram where they map the heart from within and burn the aberrant pathways), adjusting her medications in conjunction with advice from her numerous physicians to better control her severe unusual type of asthma and severe neurocardiogenic syncope disorders, writing her appeal of the wrongful conviction, litigating several civil rights, malpractice, and toxic torts pro se, as well as preparing for another last trial. It would be HIGHLY inappropriate to order her to get a job. Ms. XXXX told her their agency does not do mental health evaluations and it was not appropriate for the parole agent to refer Plaintiff to this agency. She left a phone message for Parole Agent Pork Dockery relating the same message on July 2, 2008.

    D. Special Conditions of MSR Do NOT Comply with Statutory Mandate of Assisting Subject in Leading a Law-Abiding Life

    29. There does not appear to be ANY reason whatsoever to have special conditions of MSR put on Plaintiff or to do ANY drug testing of her whatsoever. This would be harassment, intimidation, defamation, humiliation, and gratuitous annoyance with NO PURPOSE whatsoever regarding furthering her “adjustment to society”, or “assisting her in living a productive and law-abiding life,” which are statutorily required reasons for placing a convicted felon on special conditions of MSR. Plaintiff is already an honest, forthright, although outspoken, law-abiding citizen who has been wrongfully convicted, financially destroyed, defamed, and tortured by this corrupt and dysfunctional system of patronage appointees and incompetent and/or ignorant and inadequately trained IDOC staff, and who is 100 % dedicated and uncompromising in seeking vindication, compensation, and justice.

    Argument

    30. If PRB illegal orders for anger management counseling and mental health conditions are enforced against Plaintiff’s will, Plaintiff will be deprived of her liberty interest in refusing medical evaluation and treatment. If Plaintiff refuses to comply with these illegal orders, Plaintiff will be subjected to further unjustified PRB hearings and sanctions, and deprived of her liberty without due process, while awaiting these hearings.
    31. The injury cannot be redressed by an action at law for the reason that a direct appeal of the conviction will take longer than the time to enforce the illegal orders of the PRB. Also, the Plaintiff has already sent multiple letters to the IDOC Director, Deputy Directors, Chief of Parole Department, Parole Agent Supervisor, and Parole Agent, requesting a hearing with the PRB and a stay of the order until due process is granted, without ANY response to date. Therefore, administrative review has been exhausted.
    32. Plaintiff will suffer irreparable injury unless an injunction is issued by this Court because she will irreparably have been denied due process and her liberty rights will have been denied.
    33. The continuing policy and practice of the PRB and the IDOC in violating the MHDDC is against the public interest and this Court should grant class action to this complaint because it impacts all those persons released by the IDOC who have been involuntarily ordered to undergo mental health or anger management treatment, including evaluation, and medical or psychotherapy and counseling treatment, including evaluation, by denial of their due process rights that are statutorily guaranteed. All of these persons on MSR are subject to losing their liberty rights without due process. In the alternative, counsel should be appointed in the public interest and leave granted to amend complaint for class action purposes.

    WHEREFORE, Plaintiff respectfully requests that:
    1. The Court enter a temporary restraining order pursuant to Paragraph 5/11 101 of Chapter 735, ILCS, [or as the case may be, a preliminary injunction pursuant to Paragraph 5/11-102 of Chapter 735, ILCS] enjoining and restraining Defendants PRB and IDOC and their officers, agents, and employees, and each and all of them, from ordering mental health conditions, evaluation or treatment for Plaintiff and any person on MSR unless the mandates of the MHDDC are strictly followed, pending final determination of this cause and until the further order of this Court. This order will NOT bar VOLUNTARY mental health (including anger management) conditions, evaluation, treatment, or counseling agreed to, without coercion, by persons on MSR.
    2. The temporary restraining order or preliminary injunction be granted immediately and without bond.
    3. The temporary restraining order or preliminary injunction may be made permanent on final hearing and determination of this cause.
    4. Plaintiff receives any other and further, or different, relief the Court may deem equitable and proper.
    5. Costs of the action.
    6. In the public interest, this Court appoint Attorneys to litigate this complaint as a class action, as a pro se litigant may have no standing to litigate as a class action, or in the alternative allow the Plaintiff to litigate this case as a class action with standby attorneys to be appointed by the Court.
    Linda Lorincz Shelton, Ph.D., M.D.

    Dated: July 7, 2008

    [1] In fact, she had been assaulted and battered by Cook County Department of Corrections Sergeant Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against Plaintiff falsely alleging she attacked him, in retaliation for her complaining about the Cook County Department of Corrections violating her civil rights. She was wrongfully convicted because of a biased jury. Biased because of extreme Nifong-like prosecutorial misconduct by Assistant States Attorneys Andrew Dalkin and John Maher, and by outrageous denial of due process and abuse of judicial discretion by Judge Joseph Kazmierski, all of which grossly denied Plaintiff a fair trial. She was illegally sentenced to prison instead of probation, in violation of Cunningham v. California, 127 S. Ct. 856 (2007), and the Statutes of the State of Illinois.

    IL Dept Corrections Fails to Monitor Parolees/Illegal Contracts

    IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS,
    COUNTY DEPARTMENT, CHANCERY DIVISION

    LINDA L. SHELTON, Plaintiff v.
    ROGER E. WALKER R. in his official capacity as Director of Illinois Department Corrections, Defendant

    Hon. Mary K Rochford Judge Presiding

    No 08 CH 35707
    _____________________________________________

    COMPLAINT FOR MANDAMUS

    BACKGROUND, FACTS, AND RELEVENT STATUTES/RULES

    3. Plaintiff had been wrongfully convicted and unconstitutionally incarcerated at IDOC until March 31, 2008, when she was discharged on mandatory supervised release (“MSR”).[1] MSR requires that the Illinois Department of Corrections (“IDOC”) supervise released offenders. The “Department” in the following refers to the IDOC.
    20 IAC 470.70(a), (b), and (c): Supervision of Released Offenders
    (a) To enhance public safety and to provide a continuum of treatment and program services to assist the offender with successful reintegration into society, released offenders shall be supervised by agents of the Department.
    (b) The level of supervision shall be determined by the Department based on such
    matters as the offender’s committing offense, propensity towards violence, or leadership or affiliation with security threat groups.
    (c) Released offenders shall be monitored for compliance with statutory conditions of
    release and applicable special orders issued by the Prisoner Review Board.

    4. This IAC is authorized by 730 ILCS 5/3-2-2(1)(E), “To establish a system of supervision and guidance of committed persons in the community.”
    5. The IDOC has promulgated rules to implement its statutory mandates, which includes:
    Administrative Directive 04.50.105
    II. E. Initial Supervision Levels
    . . . .
    1. All offenders released on parole or mandatory supervised release . . . shall be placed in Level I, except as otherwise provided in the following Paragraph.
    . . . .
    F. Supervision Standards
    1. Level I
    Supervision standards for Level I require the releasee to:
    . . . .
    b. Contact the Department or its agent at a designated number via telephone
    once each month.
    . .. .
    2. Level III
    Supervision standards for Level III require the releasee to:
    . . . .
    a. Contact the Department or its agent at a designated number via telephone
    twice each month
    G. Level Changes
    2. After successful completion of the initial 90 days in Level I or Level II, all
    other releasees shall automatically be reduced to Level III unless in his or her discretion the Parole Supervisor determines otherwise.

    Plaintiff by law is required therefore, to call a phone number given to her by the parole agent twice a month as of the date of filing of this complaint, until her conviction is overturned on appeal.
    6. Plaintiff is required to be on MSR until March 27, 2009. Her parole agent is (“P/A”) Victoria Pork Dockery. The supervising parole agent is “P/A/S” Dana Travis, who as of filing date has been temporarily replaced by P/A/S Farrior.
    7. P/A Pork Dockery came to Plaintiff’s home on or about April 1, 2008 and told Plaintiff she was to call the “parole check-in telephone number every Tuesday”. She gave the telephone number as 800 666-6744.
    8. This number is maintained and operators are provided by Protocol Services, Inc., an Illinois Corporation registered with the Illinois Secretary of State and incorporated on December 18, 2007, claimed to be owned by a Delaware corporation, Bayside BPO Merger Sub Inc., which incorporated on January 23, 2008 (after the Illinois Corporation was incorporated) and whose name was changed by amendment to Protocol Services Acquisition Corporation on March 17, 2008 by their incorporator Megan L. McCoy, an attorney, who has an office at 77 W. Wacker Dr. Suite 2400, Chicago, IL 60601 and is an attorney with the law firm of GT GreenbergTraunig. Corporate documents giving the name of the owners and officers of the corporation are not yet filed or available in Delaware. Corporate reports have not yet been filed in Illinois. The Delaware Corporation’s Vice-President is listed on the Amendment papers as Javier Cassillas of Sarasota, Florida. Protocol Services, Inc. President is listed in Illinois as Charles Dall’Acqua of Sarasota, Florida, with their secretary listed as George Cardoza of the same address in Sarasota, Florida.
    9. Plaintiff attempted every Tuesday to call this number, then after three (3) months, twice a month. However, the vast majority of times the number was busy. When it was eventually answered after up to 30 or so attempts in one day spanning many hours, Plaintiff was put on hold with a recorded message frequently for up to and over an hour.
    10. Plaintiff repeatedly wrote and complained about the difficulty using the parolee/releasee check-in number because it was almost always busy to P/A/S Travis, IDOC Parole Division Chief Asst. Dir. Montgomery, IDOC Director Walker Jr., and IDOC attorney Mr. Huntley. Plaintiff wrote over a dozen letters since March 31, 2008 and has received only one vague letter that her letters were received and appreciated by IDOC Asst. Dir. Benos. No one has addressed the issue of this essentially nonfunctional parolee/releasee check-in telephone number.

    FACTS ABOUT PAROLEE/RELEASEE CHECK-IN NUMBER NOT FUNCTIONAL OR LEGAL

    11. Plaintiff requested through FOIA to Defendant Walker, the contract between IDOC and Protocol Services, Inc. so she could determine if Protocol Services, Inc. was providing services according to their alleged contract. Defendant Walker, in a letter denying the FOIA request dated August 28, 2008, stated that IDOC has NO CONTRACT with Protocol.
    12. Plaintiff has confirmed with the Illinois Comptroller that Protocol Services, Inc. is paid 6 million dollars per year by the State of Illinois.
    13. Illinois statutes require that all contracts for services must be awarded by competitive bidding. The State may NOT pay for services, in large sums, if there is no contract. 30 ILCS 500/25-15(a). No services provided to the State are legal without a contract obtained via competitive bidding. Therefore, Protocol Services, Inc. is NOT legally providing a check-in parolee/releasee telephone number service. It can therefore be assumed that any knowing participation in or use of this telephone number, amounts to aiding and abetting a criminal enterprise. When Plaintiff discovered these facts in August 2008, she informed officials and staff at IDOC that she would not participate in this criminal activity by anymore attempting to call this number.
    14. Plaintiff has informed Defendant Walker, Asst. Dir. Montgomery, P/A/S Travis and P/A Pork Dockery, that she will not call the check-in number 800 666-6744 because it is NOT a LEGAL service, and she does not wish to violate the law by aiding and abetting this criminal enterprise. Plaintiff also stated that she does not believe that she is required under the MSR agreement to stay on the phone for hours redialing a phone number that is constantly busy, especially as the number appears to be to a criminal enterprise and not a legal service for the State.
    15. Plaintiff informed Defendant Walker, Asst. Dir. Montgomery, P/A/S Travis, and PA/ Pork Dockery, that because IDOC is violating the law in failing to provide a working parolee/releasee check-in phone number, she will instead check-in with IDOC twice a month via fax from her home telephone addressed to the fax number of Asst. Dir. Montgomery and P/A/S Travis, until such time as IDOC provides to her a legal and working parolee/releasee check-in telephone number, in order to attempt to comply with check-in requirements of the MSR agreement and IDOC Administrative Directives. Plaintiff has consistently checked-in in this manner.
    16. P/A/S Farrior called Plaintiff on September 23, 2008 and told her that she must call into the check-intele phone number twice a month. The above information was then relayed to P/A/S Farrior and Asst. Dir. Montgomery both by telephone and by fax on September 23, 2008, by Plaintiff.
    17. Plaintiff refuses to comply with this illegal order of the P/A Pork Dockery and now P/A/S Farrior, because she will not condone their criminal conduct. She therefore potentially faces a potential charge of violation of MSR, incarceration, and an increased length of imprisonment at any time, despite her strict adherence to the laws of the State of Illinois. This of course, would be a constitutional due process violation perpetrated against Plaintiff.

    ARGUMENT

    18. Even if Protocol Services Inc., has a contract and Defendant Walker is mistaken in his August 28, 2008 letter, the fact that the number is always busy means that IDOC has violated the MSR agreement by not providing a working check-in phone number. It is onerous and burdensome for a parolee/releasee to be stuck to their phone all day once a week (or once or twice a month as the IDOC Adminstrative Directive actually requires). Of NOTE: P/A Pork Dockery originally fraudulently told Plaintiff she has to check-in by phone once a week, when the IDOC Administrative Directives for Level I supervision required a phone call only once a month.
    19. A Petition for a Writ of Mandamus must contain the following: 1) a clear right to have the requested act performed; 2) every material fact necessary to demonstrate the petitioner’s clear right to the writ; 3) a showing that the requested act is the duty of the respondent to perform; 4) a showing that the requested act is within the power and authority of the respondent; and 5) a showing of a demand and the respondent’s refusal to act. People ex Rel. Endicott v. Huddleston, 34 Ill.App.3d 799 (1975).
    20. Plaintiff has met each and every requirement for a Writ of Mandamus to force the IDOC to provide Plaintiff a legal and functional parolee/releasee check-in telephone number so that she and each and every parolee/releasee in the Cook County area can comply with directives of the IDOC regarding checking-in by telephone with IDOC on the specified periodic basis. Of note: Plaintiff cannot be forced to aid and abet a criminal enterprise by IDOC rules and directives. That would be clearly unconstitutional.
    21. The Statues, Rules, and Directives cited above give Plaintiff a clear right to have the requested act performed (IDOC maintain a working parolee/releasee telephone number that is answered in a reasonable period of time).
    22. The director of the IDOC is appointed by the Governor per 730 ILCS 5/3-2-3 and is responsible by statute for carrying out the duties of the IDOC specified by 730 ILCS 5/3-2-2, including section (1)(e), specifying as noted above, that one of the duties of IDOC is supervision of parolees/releasees. Therefore, the Defendant is responsible to maintain a working parolee/releasee check-in telephone number as required in the IDOC Administrative Directive 04.50.105.
    23. In a mandamus action of a public right, the elements of demand and refusal are not required (People v. Kerner, 35 Ill. 2d 33, 219 N.E.2d 617 (1966); Mammolella v. First Bank of Oak Park, 97 Ill.App.3d 579, 423 N.E.2d 204, 53 Ill. Dec. 12 (1st Dist. 1981); Weisberg v. Byrne, 92 Ill.App.3d 780, 416 N.E.2d 298, 48 Ill.Dec. 267 (1st Dist 1981).
    24. Therefore, Plaintiff has sufficient cause to request this Honorable Court to order the IDOC in a Writ of Mandamus to provide a legal parolee/releasee check-in telephone number, instead of the dysfunctional telephone number provided to an illegal entity. The public safety is in jeopardy from other violent and psychotic offenders and IDOC is in violation of law, as long as a legitimate parolee/releasee check-in telephone number is not operational. Failure to properly supervise parolees/releasees is a statutory violation regarding the duties of IDOC.

    WHEREFORE, Plaintiff requests that this court order the IDOC in a Writ of
    Mandamus to provide a legal parolee/releasee check-in phone number, instead of the dysfunctional telephone number provided to an illegal entity, as well as all other relief deemed appropriate by this Honorable Court in the interest of justice and public safety.
    Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct.

    Linda Shelton
    Dated: September 24, 2008

    Prepared By:
    Linda Lorincz Shelton, Ph.D., M.D.

    Plaintiff Pro Se

    [1] In fact, she had been assaulted and battered by Cook County Department of Corrections Sergeant Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against Plaintiff falsely alleging she attacked him, in retaliation for her complaining about the Cook County Department of Corrections violating her civil rights. He stated when he entered her cell after sending away the female unit officer, Plaintiff attacked him while in a wheelchair and forcing her way through the door by ramming him with her wheelchair “skinning his shins” and then after this knocked him down and he stood up, “kicking him in the chest with her RIGHT leg.”

    This is despite the fact that Plaintiff has a partial right hemiparesis with impairment of her leg so that she can not kick it with force above the waist, the wheelchair was broken and difficult to move, she has congenital injury to the spine causing life-long weak arms and shoulders making it difficult to move the wheelchair forcefully, and she was on the sixth day of a dry hunger strike, intensely dehydrated and unable to stand for more than a few moments due to weakness from the dehydration. Her physicians gave unrebutted testimony affirming these facts unrebutted by the State. She was wrongfully convicted because of a biased jury.

    The jury became biased because of extreme Nifong-like prosecutorial misconduct by Assistant States Attorneys Andrew Dalkin and John Maher, and by outrageous denial of due process and abuse of judicial discretion by Judge Joseph Kazmierski, all of which grossly denied Plaintiff a fair trial. She was illegally sentenced to two years in prison instead of probation, in violation of Cunningham v. California, 127 S. Ct. 856 (2007), and the Statutes of the State of Illinois. Plaintiff was illegally abused and punished for refusing to walk (IDOC staff falsely claiming she was faking her multiple medical conditions and physical handicap) during the reception process, including a life-threatening assault on her with an ammonia inhalant (purportedly given to prove she was faking a collapse and asthma attack), but which exacerbated the attack, caused brief unconsciousness and is contraindicated in asthma, as well as denial of medical care.

    The IDOC staff are attempting to conceal the documents about Plaintiff’s reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to Plaintiff.