Author, Glenn Painter who has written the highly praised legal suspense thriller Beyond the Sentence is now in the process of forming a new Company through his Corporation GA Painter Enterprises LLC called Prisoner Civil Rights Complaints Services.
There is no doubt that staff guards in prisons abuse inmates on a daily basis. For example, last year Darren Rainey, who was on mental health medication and housed in the general population of the Florida Department of Corrections at the Dade Correctional Institution located in Miami, Florida, was involuntarily placed in a scalding hot shower by prison guards.
Despite his pleas for help, none of the staff listened to Mr. Rainey and he ultimately collapsed and passed away from the abuse. Darren, like many other inmates in State and Federal facilities in the U.S., have some type of abuse inflicted on them daily.
The sad truth is that mentally ill inmates are targeted first. Many who are not mentally ill eventually become so in a short period of time in any Department of Corrections.
A lot of times these constitutional violations are done to prisoners by staff members that know he/she can get away with it. Because of the Darren Rainey incident, over 30 guards in Florida have lost their jobs because of abuse of prisoners. It is a shame that a human being (mentally handicapped or not) had to die for this to happen. This kind of cruel and unusual punishment happens every day.
Prisoners that live through some means of constitutional violations and/or (cruel and unusual punishment) try to file claims with the Federal Courts, only to have the claims fall on deaf ears. Their complaints are usually “swept under the rug” (so to speak) mainly because of a requirement in the Prison Litigation Reform Act (PLRA) called the “Exhaustion Requirement”.
What this means is before a prisoner can bring a Federal Claim to be heard, this requirement must be met.
Inmates, who are not educated about the law, have no choice but to fend for themselves “legally” via Pro-Se (self-representation). Because of their incarceration they cannot find outside legal representation, while staff members who committed these violations can fall back on their employer and in return (in many states) are represented by the Office of the Attorney General for the state in which they work.
Usually, each claim is ultimately dismissed for the sole reason of failure to “Exhaustion of Administrative Remedies” without the opportunity to prove the violations that were committed against them. In most states there is a 10-day time limit to start the grievance procedure required under the “Exhaustion Requirement.” Any prisoner that attempts to file a grievance is at the mercy of the same individuals that committed the Constitutional Violations.
There is a multitude of paperwork involved and the average prisoner is unable to deal with the complexities required of them because they have very limited resources and at many camps none at all. Most prisoners or their loved ones are not literate regarding “law procedures” and all hopes for any claim to be rectified legally will slip away because each state has a different “statute of limitations”.
What this means is that once the time limit expires from the date of the incident.....NO LEGAL RECOURSE CAN BE TAKEN!
Mr. Painter will be offering a solution to this issue. He is prepared to complete the necessary paperwork and send it to the prisoner and his loved ones with instructions for filing procedures (for a small onetime fee). Most FREE Legal Service Companies for prisoners do not handle civil matters...only Criminal matters.
Although Mr. Painter is not a licensed Attorney, his Company will still be able to do the following:
Prepare the Complaint (Facts) along with a "Motion to Proceed in Forma Pauperis."
What this means is that once approved by the Court, all filing fees will be waived and all other court related costs such as servings of the complaint, etc., shall also be waived.
If a grievance was not filed with the prison system, a “Motion to Stay Proceedings” will be sent to the prisoner, and will allow him/her to file such a grievance under Federal Court rules instead of “standard operating procedures” which is required in prison.
Simply put, the “Exhaustion Requirement” as stated in the Prison Litigation Reform Act (PLRA) says that any grievance procedure with any State or Federal facility must be met. A “Motion to Stay Proceedings” allows each prisoner that files this motion and, if “Granted”, he/she may file a grievance stating what had transpired and the date of the incident. After this requirement is met then the prisoner should have a “green light” to prove his/her claim.
Once the claim passes the malicious, frivolous stage, a “Motion to Appoint Counsel” can be sent.
What this means is that once a complaint passes any test that the Court requires to determine the validity of the facts, it will then be assigned to a Trial Judge. After the complaint is assigned to a Judge, then a “Motion to Appoint Counsel” can be filed. This will be a request for a licensed counsel to be appointed by the Court.
If all of this is done correctly, the prisoner should have the go ahead to proceed with their case.
To learn more about this new service you may visit http://126.96.36.199 for further information, or you may send an email to firstname.lastname@example.org. Mr. Painter will answer all emails personally and in a timely manner. The “Exhaustion Requirement” is nothing more than a “loophole” that benefits the state and federal government. Do not let them get away with this technicality. Fight back and beat them at their own game.
In Mr. Painter’s new book Beyond The Sentence, Jason Bishop filed such a claim, accusing staff members of a constitutional violation. After the complaint was filed and passed all the court requirements, Mr. Bishop encountered the “Exhaustion Requirement” obstacle. You can learn from Bishop’s account. Let Glenn Painter fight on your behalf. Contact him today with any questions you may have.