PRISONERS' RIGHT TO STRIKE
"The courts have clearly established that a prisoner has a first amendment right to hunger strike in protest of prison conditions. A prison official cannot retaliate against a prisoner for the prisoner’s redressing of grievances. If an official knowingly violates a prisoner’s constitutional right, he loses qualified immunity. the FDOC is being notified through email as well as through request, US mail and this website not to violate the inmate’s constitutional rights."
~Ronald Wayne Clark Jr.
Going out certified mail, return receipt requested on Tuesday, July 6th, 2004 to:
-Michael Rathmann, Warden
-James Crosby, FDOC
-Jeb Bush, Governor
-George Bush, President
Friday, June 25, 2004
Warden Michael Rathmann
Florida State Prison
7819 N.W. 228th Street
Raiford, FL 32026-1000
Dear Warden Rathmann:
On July 1, 2004, I, Ronald W. Clark, Jr. #812974, will have begun a hunger strike in a redress of grievances of the abusive inhumane treatment of the inmates in the Florida Department Of Corrections (F.D.O.C.). This hunger strike is in no way a suicide attempt, but rather an attempt to bring human decency to the F.D.O.C.
The courts have clearly established that a prisoner has a first amendment right to hunger strike in protest of prison conditions. See Singletary v. Costello, 665 SO 2d 1099 (Fla App 4 Dis 1996) and Stefanoff v. Hays County, 154 F. 3d 523 (5th Cir. 1998).
A prison official cannot retaliate against a prisoner for the prisoner’s redressing of grievances. See Rauser v. Horn, 241 F. 3d 330 (3rd Cir. 2001) and Jackson v. Cain 864 F. 2d 1235 (5th Cir. 1989), so the denial of properties, privileges and rights in retaliation of this hunger strike will violate the 1st and 14th amendment. See Harris V. Ostrout, 65 F. 3d 912 (11th Cir 1995) protections of First and Eighth amend apply to states through 14th amend. USCA Const Amend 1, 8, 14, so we have established through case law that the denial of properties, privileges and rights in retaliation will violate the prisoner’s 1st and14th amend rights.
Now if an official knowingly violates a prisoner’s constitutional right, he loses qualified immunity. See Adams v. Wainwright, 512 F Supp 948 (1981), which is also listed in Chapter 33-602.101, Care of Inmates under the Annotations of Liabilities for Damages. PLRA also does not exclude a prisoner from collecting on nominal and punitive damages for a 1st and 14th amend violation see Calhoun v. Detella, 319 F. 3d. 936 (7th Cir. 2003)
So the F.D.O.C. is being notified through this email as well as through request and US mail not to violate the inmate’s constitutional rights.
I am requesting a response to this letter.
Thank you,
Ronald W. Clark, Jr., #812974
Cc: James V. Crosby, Jr., Secretary, Florida Dept. of Corrections (F.D.O.C.)
Jeb Bush, Governor of Florida
George W. Bush, President of the United States of America
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
FLORIDA CHAPTER 33
Chapter 33-602.101, Care
of Inmates under the Annotations of Liabilities for Damages
