Disregarding Prisoner’s Legal Rights is A-OK, says KSP Warden.

Hello all!

Today I want to discuss an actual admission of guilt, in writing, to breaking the law by the Warden at KY State Penitentiary and his side-kick CPT Bare. This even shocked me because I’m so used to them lying and “altering” the record when they are in the wrong.It’s so normal that I pretty much expect it 100% of the time.What I’ve found out is that law enforcement and Corrections officers only follow their own rules and policies as long as it’s convenient for them.And they can fudge the record a bit when they don’t, but they expect the prisoners to strictly follow to the letter.What’s been so crazy about this tour back to KSP is just how brazen the Warden and his staff have been about violating almost every policy and right that we inmates have, with no apologies. When I say “rights”, I’m referring to only the “Basic Human Needs” that Congress has outlined under the 8^th Amendment Clause of “Cruel and Unusual Punishment” and of course our 6^th Amendment right of access to the Courts.

If you’ve been reading my update then you’re familiar with many of the specific claims I’ve made of Cruel and Unusual Punishment here at KSP under the leadership of Warden Jordan.You’re probably also familiar with my outline of the Grievance Process (I spell it out in my last posted update: https://www.justiceforjohnbuckley.com/update-the-broken-grievance-process/) In theory, it sounds like a reasonable idea until you see it in practice and realize how truly abusive it is.Consider my situation:I am forced to use the grievance system in order to seek relief from a court of law. For example, on order from the court, the Warden must give us at least 3 showers a week or be fined (most times we get 1 shower a week)… Over the last year I filed 37 conditions of confinement Grievances. My Aunt and lawyer have copies of these that document the abuses chronologically.Each Grievance cites Policy, precedent and is well written. Yet out of 37 Grievances, only 3 were responded to. 34 legitimate well-founded Grievances were outright rejected by the Warden’s proxy so I cannot take them to court. I can only assume that if the Grievance Process exists for the Warden to be made aware of issues to which he is ignorant (such as 3 cell House—the Hole—constituting a Hell on Earth) and he dismisses those for trivial issues like “using the word ‘We’”, then he must already by aware of those issues and is abusing his power to manipulate the Grievance process so that inmates cannot seek outside help (being procedurally barred by the PLRA—see update cited above) and are being subjected to HORRIBLE living conditions that have gone on for years at this point.Because of his knowledge, he is being deliberately indifferent to rules being broken—that is a crime.

These updates are actually the reason this whole situation came to life. I informed you all before that I would be retaliated against by CPT Bare. It came to my attention that administration was aware of my website and monitoring it. The second time I was thrown in the Hole was because CPT Bare planted “evidence”—that I never got to see—and my write-up for this “offense” was altered 4 times.Shortly after that during a zoom visit with my lawyer, he said he believed that Internal Affairs (CPT Bare) was steaming my outgoing Privileged Attorney: Client Letters open.I had started sending my updates through my lawyer via Legal Mail because 2 of my updates sent to my Aunt had disappeared and of course they are opening all my outgoing mail.This happens all the time. Now, Attorney: Client Privilege is NOT a trivial issue.Privileged communications between an Attorney and his client are solidly enscoused in Precedential Law. For 50 years, facilities have had to respect incoming and outgoing Privileged mail.Incoming Legal mail is to be opened in the presence of the inmate who will go thru it with the guards watching over.Outgoing Privileged mail is not to be opened at all and this is reflected in KY DOC’s OWN policy: C.P.P. 16.2IIC.3 (page 5). “If an inmate has placed adequate postage on the item, outgoing privileged mail shall be sealed by the inmate and NOT inspected by the staff so long as the inmates has clearly indicated an addressee that meets the definition of privileged mail.” When my lawyer brought up the “steaming” of the envelope, I started tracing the seal of the envelope with my pen which is water based and would bleed all over the envelope is steam were applied to it. For whatever reason I didn’t have another Zoom meeting with my lawyer for 3 weeks (the only way we’re allowed to visit with anyone) during which time I sent him 4 letters.At our next meeting, on camera he showed me that the letters had been opened and taped back shut.They also had a stamp “opened and inspected by KSP staff in accordance with C.P.P. 16.2” (see C.P.P.16.2 ABOVE!!)On the envelope right underneath where I had legibly printed “ATTN: Atty: Client Privileged! DO NOT OPEN!” It was pretty brazen—I mean, they could have just waited to read the update on the website.I think they know I’m posturing for a lawsuit so it’s time for the jackboot tactics to stop me. But it’s not just the updates; it’s the tampering with a Constitutional Right.So I filed a Grievance about it.

I was surprised when it didn’t get outright dismissed.Ms. Massey let it go through. And when I read CPT Bare’s response, I couldn’t believe my eyes. He admitted to opening all my outgoing legal mail because I was “under IA Investigation”, the be all-catch all of empty excuses to do whatever they want.Admitting in writing that he had broken the law. So I appealed it to the Warden.I cited the case law and the 6^th Amendment, and it was a convincing argument that I was right. I asked the IA staff be informed of Policy and that my Privilege would never be violated again.Warden Scott Jordan’s response was so insane I could barely contain myself.I’ve sent it to my lawyer and we will have it on the website.In his response to my Appeal, he says that when he feels like it, he can wave Policy (the Law). That it is the Warden’s “privilege”. This is what I can Hubris, no regard for the welfare of those whom he’s charge to protect. The example he is setting is that it’s ok to bend the rules when necessary and doesn’t mind admitting it. I guess this makes him and his decisions untouchable.He’s turned this place into a torture castle and doesn’t care who knows—because there’s nothing anyone can do….

The final step in the Grievance process is an appeal to the DOC Commissioner. I asked her to consider this a population sample of the larger issues at KSP.If the Warden would admit to violating something as solid as the Attorney Client Privilege, what else was he doing?But we have sent Commissioner Crews many letters before; I can only consider her complicit as well because she knows what’s going on and chooses not to intervene.

I hope you’re all angry about this madness. I want to make a difference here with my anger.Honestly, I can’t stand most of the people I’m incarcerated with, but that doesn’t mean I can abide watching them or myself being treated worse than an animal in a zoo.I’ve seen more honor in my enemies in Afghanistan than in my own countrymen here.This is tragic and sad and maddening.And tonight after spending 6 weeks in the Hole for “Covid Lockdown” (even though there hasn’t been an active case for a week) I’m tired of thinking about it..

Ranger Buckley from the Frontlines Out!

RLTW! (Rangers Lead the Way)

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