3-23-20
Chad Page (Chief of Prisons):
You requested an update if I encountered any additional difficulty providing notification of the $133.77 claim I’ve been trying to present — regarding property that went missing during my transfer from Texas. The update is as follows:
I filed with Small Claims on one paralegal’s recommendation. Another said, once filed, he’d serve my claim directly. My claim, filed, naming Warden Yordy, was given to that paralegal, then given to Brent Phillips, with whom it sat for two weeks before returning unserved. It’s while acknowledging the new paralegal is working with a learning curve that I count five times IMSI has now failed to provide some form of delivery for the same claim — spanning back to September.
Please take a moment to consider the initial grievance’s handling:
GRIEVANCE CF 190000115
I was moved from Texas 3-19. Starting early April, my property began being delivered in weekly increments. Several items that were to be transferred are not accounted for, including: TV, coax cable, book light, watch, oils, paycheck, USB drive containing legal work, and property inventory sheet from 3-18-19. Property was received 4-4 and 4-11. Inquiries were made 4-4, 4-6, 4-11, 4-18, and 4-24 regarding various items.
[I suggest: Replace items or provide compensation, forward my paycheck, investigate legal files, provide copy of 3-18-19 inventory sheet.]
INITIAL RESPONSE by [Responder didn’t give their name]:
EPCF has sent the remaining mail to your current facility. The work roster for March does not show you assigned to a job, therefore EPCF does not owe you a paycheck. On 3-18-19 you signed a property sheet after it was inventoried, you did not mention or note any missing or lost property.
LEVEL 2 REVIEWING AUTHORITY RESPONSE by Adam Martinez:
I concur with staff statement.
OFFENDER APPEAL:
All property mentioned is listed on the property sheet I signed 3-18, with the exception of the oils, which are held by the chaplain, and legal work, which is in the law library. The nature of an inventory sheet is to document what is there, not what is missing. Please take the time to reference the [inventory sheets and receipts] I have provided, and the [missing] property sheet from 3-18, which lists several items in question. If you read the problem again, you may note the move was 3-19 and [items inventoried 3-18] were unaccounted for upon my arrival to Idaho…
APPELLATE AUTHORITY RESPONSE by [Responder didn’t give their name]:
All property listed on 3-18 inventory sheet was packed and shipped 3-21-19. The oils were ordered on 6-14-19 and delivered to your unit. The only legal work is the facility USB [which] will be shipped on 6-13-19. Mail has been forwarded on multiple occasions…
Chief Page, had the Department successfully delivered my notice of tort the first four times it was put in the mail, you’d have seen for yourself how the appellate response was completely inaccurate. I’m now inspired to learn how to file motions for transport, while the taxpayers’ expense begins to look like this: $133.77+69 for filing fees+service fees+transport+wages of employee that represents the Defense.
Other documentation tells the story of a legal-work USB that never arrived. Instead its contents were provided scattered and missing, in a parcel that was delivered a month after postmarked, already open, despite being clearly marked as “Legal Mail.”
Considering the several months it took my remaining Texas legals to reach me — after being transferred for collecting signatures to present complaints as a group — and knowing new restictions have been placed on my ability to seek counsel, you can imagine how these issues begin to conflate.
It’s while presenting these issues directly to you that I’ve made sure to see them travel great lengths: Making it easy for spectators to wonder, at what cost will the Department not admit their mistakes?
In friendship and incarceration,
Patrick Irving 82431
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(2of2)
3-23-20
Clerk of the Court:
I was told prior to filing this claim [included] the paralegal at my facility would be able to serve it. After being held for two weeks, it was returned to me with a notice that it must be served upon the deputy attorneys general assigned to the Idaho Department of Corrections. The Department then notified me that if I were to return it to you with the fee enclosed, you would arrange for its service.
Please let me know if this is inaccurate, and if it is, what I can do to see this claim through.
Thanks,
Patrick Irving 82431