PUBLIC NOTICE OF HUMAN RIGHTS/CONSTITUTIONAL VIOLATION(s)

Re:Alexander Correctional Institution

      633 Old landfill Rd

     Taylorsville NC 28681

KNOW ALL YOU CITIZENS THE SITUATION BY THESE PRESENT!

The time has come where we in North Carolina Alexander Correctional Institution will no longer stand by while corrupt politicians, law enforcement, and administrative executives of all kinds hold themselves above the scrutiny of the law they swore to uphold. These officials are given “public trust” upon acceptance of their oath of office followed by a duty based on the content of their job description. 

We must understand that whenever one is charged with a “duty” to perform on behalf of someone else,consideration must be given to those on whose behalf they have been empowered to act . This is such an important principle that whole jobs are created for people whose main responsibility is to ensure that citizens’ rights are not lost. . In short, we care about other citizens rights to the extent that we’ve developed a system of constant watch for potential violations.Theoretically, this is the structure of the American way and, arguably, it is the backbone of democracy itself.

LACK OF RECREATION:

The United States Supreme Court along with legislation enacted under the Clinton administration supposedly ensures that prisoners’ rights are  upheld and respected to the same degree as any other American citizen. This has conveyed the idea that the punishment for crime in America is isolation from society along with rehabilitation to reform prisoners into  upstanding, law abiding citizens rather than mistreatment. In response to these rulings and this legislation,. North Carolina developed protocols, including the N.C.D.P.S policy and procedural manual, (chpt,F,section.1504 [procedures]), which stipulate detailed instructions at Alexander correctional, instructions that are routinely disregarded. One example isordering us to have a seat in the day room and prohibiting us to stand or walk in an area designated for this type of activity. This results in no form of motion for however long it takes to go outside. Prisoners have filed Administrative Remedy Procedures (grievances) and thus far no results favorable to the prisoner have been found. Clearly this violates the eighth amendment of the US constitution.

EXCESSIVE USE OF FORCE:

The use of force in the form of weapons by prison staff and police alike are assessed by the same standards, (Tennessee v. Garner,471 u.s 1,11,105 s.ct. [1985]) The federal circuit court has jurisdiction over North Carolina, in deciding what degree of force can be used in a “justifiable” use of force incident. The fourth circuit ruled in favor of the idea that “keeping order” does not mean that once a prisoner has misbehaved, anything goes.

This frame of thinking was shown in Orem v. Rephann (523 f.3d 442,446,[4th cir.2008]).In response North Carolina developed protocol, North Carolina  Department of Public Safety (NCDPS) policy and procedural manual, (chpt.F[use of force].1504[procedures]),which puts forward detailed instructions on how correctional employees are to use force. Subsection(a)(1)of the policy cited above  states: “hands on physical force, including approved CRDT (control,restraints,defensive techniques), self defense techniques, may be used to restrain or move a non-aggressive, noncompliant offender” Subsection(b)(1) states: “pepper spray if feasible, should be used as the first level of response to control or deter violent, threatening aggressive… offenders.”

From this we clearly see that if a prisoner is non-complaint to an order given by prison staff but is showing no signs of aggression then s\he isn’t to be peppered sprayed.This is statewide policy and procedure for the Division of prisons in NC. In direct contradiction to this policy, Alexander correctional has a standard operating procedure (policy#.0453), that says that if noncompliance persists after three orders have been given,  then officers can use force necessary to gain compliance.This is in complete contrast with the U.S supreme court, the fourth circuit, and NCDPS policies and procedures. There are several prisoners here at Alexander correctional, including the primary author of this petition, who have sustained severe injuries due to excessive force imposed by Alexander correctional’s staff. This also is a violation of the eighth amendment of the US constitution. We  must be clear about the relationship between NCDPS policies and procedures and internal policies and/or S.O.P. of a given facility. For example, each state has its own state constitution but the contents therein cannot exceed the limits of the U.S constitution. Likewise facility S.O.P should conform to NCDPS policies and procedures. We find exactly this  in the N.C.D.P.S. policy and procedure manual, chpt A, sec. .0602: 

“The purpose of this policy is to provide guidelines and instruction for the development of internal policies and procedures’

So in no way can S.O.P supersede NCDPS policies and procedures, yet Alexander correctional’s does. If this isn’t systematic injustice then what is?

OBSTRUCTION OF PROCEDURAL DUE PROCESS:

Each individual state republic is its own political subdivision of the amerikan union, see: U.S constitution article four ,sec.one. Accordingly the constitution of North Carolina illustrates how North Carolina interprets the rights of citizens here. see: N.C state constitution, arrival(11), section(3), “correctional institutions….shall be established and operated by the state under such organization and in such manner as the general assembly may prescribe.” The general assembly are those senators and representatives who together enact general statutes. see:N.C.G.S 148-11(a). Through this legislation prisons have been given policies and procedures to govern prison affairs. As seen in N.C constitution above cited, we, N.C. prisoners have a constitutional right to be governed by the state, in such manner as the general assembly may prescribe. So a violation of the N.C.D.P.S policy and procedure is also a violation of the N.C. constitution.

Officials at Alexander Correctional Institution have been careless, reckless, and negligent in investigating instances of the use of excessive force, filing disciplinary reports, respecting our right to be made aware of established policies and procedures through the purchase thereof from the state ,etc..We have mountains of evidence in each stated area of this obstruction–so much so that to numerate it all would be overbearing for the reader.

We understand that  in a pandemic certain restrictions cannot be avoided.We are not calling for anything unsubstantiated in law.We are calling for justice and a complete end to the systematic oppression.In order to be sure of effective change we are prepared for class action litigation without the option of settlement.We are dedicated to actual change through the order of federal court and trial by jury!

We make this public notice with hopes that we receive legal support,financial support,and/or mentorship as well as to  show our self-driven education and rehabilitation as evinced by our own study of civics,law,economics,sociology,etc.Thiscan also be viewed as a proclamation to the corrupt establishment of government here in North Carolina that we are not slaves nor animals–that we are alive and more than willing to advocate for ourselves. 

A lot of us made senseless mistakes as children and lost years of our lives to incarceration. It is thoroughly understood that mistakes do not go unchecked under carceral capitalism. However, that does not allow the staff at Alexander Correctional Institution to make a conscious decision every single day to break the law and further subject other human beings to inadequate, inhumane living conditions in the name of the very system you pledged to adhere to.

To all of those with a heart and a mind of your own we prisoners here at Alexander correctional institution are in need of the public’s support and assistance.We do not have the resources or representation as a whole to address the aforementioned issues without interference from prison officials.On behalf of the prison population here at Alexander correctional, we thank you for your time and hopefully your cooperation

DARE TO STRUGGLE DARE TO WIN.

Joseph Stewart #0802041

Quamaine Carmichael#1212263