A federal lawsuit filed by a Maine state prisoner raises difficult questions about constitutional rights and the nature of incarceration.
The prisoner, Deane Brown, was serving a 58-year sentence in the Maine State Prison in Warren for a series of burglaries, thefts and robberies. For nine months in 2006 he regularly telephoned the host of a Saturday morning program on Rockland’s low-frequency radio station, WRFR-FM. The host put him on the air to report on problems, as perceived from the prisoner’s perspective, within the facility.
According to Lynne Williams, a Bar Harbor attorney who took on Mr. Brown’s case, prison officials did not oppose the regular radio appearances, even though they were largely critical. On the show, Mr. Brown alleged, among other things, that mental health services were lacking, that some guards were abusive and had even goaded some prisoners to commit suicide.
Mr. Brown apparently crossed a line when a guard, who sympathized with prisoner complaints, provided Mr. Brown with a copy of a letter he wrote to supervisors, criticizing the institution. In the fall of 2006 Mr. Brown forwarded the letter to the radio station, which then posted it on its Web site.
Prison officials wrote a cease and desist letter to Mr. Brown, attorney Williams said, and asserted that prisoners cannot serve as “news correspondents.” But according to Ms. Williams, existing federal case law establishes the right of prisoners to serve in this role. Officials then blocked prison phones from being able to call the radio station, and Mr. Brown was quickly transferred to a prison in Maryland.
An e-mail written by prison officials, which Ms. Williams obtained under the Freedom of Information law, showed officials wanted Mr. Brown out of the state “within 24 hours” of his disclosure of the guard’s letter, Ms. Williams said.
The lawsuit charges that prison officials, including Corrections Commissioner Martin Magnusson, denied Mr. Brown his First Amendment right to speech. Federal Magistrate Margaret Kravchuk denied a motion by the commissioner to remove him from the suit.
Phone privileges for prisoners is not a clear-cut issue, Ms. Williams admits. Just as high school students do not have rights to privacy over the contents of their lockers, prisoners do not have rights to telephone anyone they want. Individual prisons have what Ms. Williams said is “penalogical discretion” on such matters. Clearly, prisoners should not have 24-hour access to phones, nor should they be able to call their victims or harass those who arrested them.
But corrections officials generally agree that maintaining prisoners’ ties to their communities — family, friends, clergy — decreases the odds of them re-offending.
And the most likely whistle blower for prison abuse is a prisoner.
“The only way the public will know if prisons are operating in a safe, legal and constitutional way is if prisoners have the same constitutional rights as the rest of us,” said Zachary Heiden, an attorney with the Maine Civil Liberties Union. Curtailing those rights, “when it would be embarrassing to the prison,” he added, does not seem to be a reasonable use of prison discretion.
Final disposition of the suit should shed some light on these matters.
On 9/8/08 at 8:26 PM,
Johninphilippines wrote:
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Look, under no circumstances...under no circumstances at all, should prisoner's hold the same constitutional rights as a person who has not committed crimes and is incarcerated in any penal institution in any country. They actually do not - nor will not under US law, and international law rights for prisoner's. The Maine Civil Liberty Union, and other "do-gooder" associations simply do not understand the gravity of the damages they create, such as the statement by Zachary Heiden, MCLU's attorney. It is as simple as reprimanding a child who has purposefully smashed someone's car window; restitution must be paid to correct the damage, plus the child must learn not to break car windows in the future, and thusly, will be punished with "priviledge revocations and restrictions". If the child is then allowed, without being punished and "priviledge revocations and restrictions", how will that child ever learn not to break car windows, again? That was just an example, but you get the drift. If prison guards are harassing inmates, then that guard should be administratively punished for their actions. Nobody escapes the actions they impose on others. The telephone calls and the e-mail from Deane Brown to WRFR-FM, in Rockland, should have been the responsibility of the Warden at the correctional facility in Warren, Maine. They were too lax in their ability to maintain adequate control of the prisoners' outside communications contacts while serving hard-time in prison. That is not to say that a prisoner cannot have outside contacts...it states the "nature" of the contacts must be controlled. There are nationwide standards and statutes governing state and federal penal institutions...but it is apparent that the Warden in this case, allowed a sore to fester to the point surgery is needed to fix it. My wonder is if the prison Warden ever notified the State of Maine department responsible for administrating state prison systems in Maine, and reported what Deane Brown wanted to do (up front, before the prisoner actually went ahead and created a monster). That is what I would have done, if I did not completely understand my job description and written laws governing my workplace! Then, followed-up by an official letter stating what Deane Brown can go ahead with his communications to WRFR or not. The burden of responsibility is then elevated to the State. Now, the warden is in trouble...not Deane Brown, so much! Sending Brown off to Maryland is simply stating that the Warren, Maine prison administration failed to do their job.
On 9/16/08 at 6:11 PM,
pcme2000 wrote:
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Johninphilippines you know what you wrote is totally true and to the point!! Good job of writing it!!
On 10/31/08 at 9:11 PM,
abbah74 wrote:
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In response to John's comments. I totally agree with prisoner's under no circumstances, holding the same constitutional rights as a person who has not committed a crime. But, I do have to say, they're are certain situations where an inmate has to be taken seriously. And I sincerely believe "Dino" Deane Brown has every right to push this to the limit.
I worked at the M.S.P. for just one year. I knew Dino quite well. I know he's there serving time for the crimes he committed, but all he wants is to do the time without certain C.O.'s throwing they're weight around, and making it almost impossible to do they're time, sanely. There are people who apply for positions at the M.S.P., just for noterity. "Oh look at me everyone, my uniform, my badge" They have absolutely no clue what-so-ever what this job entails. Most of them are much too young, and stupid to ever take on such a position. It's true, we are provided with a six week training session, but you also have to have the mentality to actually work in this place. The number one rule is respect.
There isn't one day that you can't count on an inmate following threw with some type of anarchy, whether it be fowl language, eating his own feces,at the same time making sure you see this. Throwing feces at you threw the tray slot. etc.etc.
These inmates are treated with respect by most of the C.O.'s, and in return they expect the same treatment. But do not get it from a good percentage of the inmates.
You all have to understand, these inmates have nothing but time to think and plan just how to make your shift a living hell. Not all of the inmates, just a small minority. And most of the grievances will come out of ADSEG. which is Administrative Segregation. This is because the inmates who are put into Adseg cannot be controlled anywhere else in the institutation. They're locked in 23 hours a day. Most of them you would not want to see on the streets. But a small minority of them are only in Adseg for some violation to which they would refuse to follow the rules,, or a danger to other inmates or personnel. Note: Most of the grievances, letters from inmates on Pen Bay.org, are the worst of the worst. They choose to fly off they're bunk and slam they're heads into the cement walls, or door, just for the attention. Or, hoping they might get a free ride to the emergency room, which we pay for. They also choose to pull out they're stitches, cut themselves up etc etc. They will use anything, even paint chips to do this. And expect to be treated like kids. A C.O. working at San Quentin in California stated to his brother, who works at MSP. The MSP is a day care compared to the treatment of inmates in San Quentin!!!!
I was witness to a number of "questionable" treatments of Dino, and other inmates while working there. But I was new, and not privy to some of the incidents. But as far as Dino went, I saw daily, nothing but a model prisoner. Always polite, clean,and verbally well spoken young man. I often went home after my shift, wishing he wasn't there at all. But, I realize he's there for a reason, and he doesn't dispute this.
As far as him being transferred to Maryland, I feel he's completly right about the reason he was transferred. He knew too much. Some of the incidents he has referred to are bogus, but some are not. His not taking his insulin and other meds, to prove a point, is true. I begged him to take his meds., simply because he was only endangering himself by not doing so. He would show me teeth that were about to fall out because of the "finger toothbrush" the inmates are given in adseg. These are used because some inmates will sharpen a "real" toothbrush on the cement floors/walls and use as a weapon against personnel or other inmates. These inmates know, when they're transferred to Adseg, exactly what this all entails. And they can, simply by obeying all rules, return to general population.
As far as the lawyers, press, and society go. You cannot take the word of most of these inmates seriously. Just imagine yourself walking into the MSP each day. Especially if you work in adseg, and wonder what is going to happen today? It's very, very stressful. The cut ups, throwing of feces, throwing of food trays, language, noise, stabbings..... it goes on and on. Most people, unless you have had hands on, will never ever understand what it's like to deal with some of these people. It's totally amazing when a lawyer can take on an inmates case, not knowing what actually happens inside these walls. 95% of the allocations are totally false. I would suggest you try to go inside the pods just once, and see and hear what goes on. I guarantee you'll have a sleepless night, maybe even two. Then you'll thank the good lord above you don't work there.
So, before you go judging the policies and procedures carried out in any Correctional Facility, you really need to know the facts. Just look at the expression on your fellow workers face when they read this, and you'll see that they wouldn't want to work in such a place. We need to give these people who do choose this line of work total respect and admiration.
One more thing... I truly believe that Dino should be brought back to MSP, as soon as possible. He's in grave danger there. I'll pray that he has a safe return someday.
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