MTWT Ronald Clark JR. DAY 3: THIS STRIKE IS NOT A SUICIDE ATTEMPT by

Friday, June 25, 2004

Warden Michael Rathmann

Florida State Prison

7819 N.W. 228^th 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 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 (5^th 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 (3^rd Cir. 2001) and Jackson v. Cain 864 F. 2d 1235 (5^th Cir. 1989), so the denial of properties, privileges and rights in retaliation of this hunger strike will violate the 1^st and 14^th amendment. See Harris V. Ostrout, 65 F. 3d 912 (11^th Cir 1995) protections of First and Eighth amend apply to states through 14^th 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 1^st 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 1^st and 14^th amend violation see Calhoun v. Detella, 319 F. 3d. 936 (7^th Cir. 2003)

So the FDOC 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 Crosby, Secretary, Florida Dept. of Corrections (F.D.O.C.)

Jeb Bush, Governor of Florida, George Bush, Office of President, USA

Raiford, FL 32026-1160