Updated: 7-10-20
Introduction
These grievances present constitutional concerns affecting the Idaho Department of Correction’s inmate population, in part and in whole. Though the focus of this presentation is to address issues affecting many, patterns can also be found in these materials to assist cases individually.
The Book of Irving Project makes documents available to assist in transparency and research. Referencing them is welcome.
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Eagle Pass Correctional Facility grievances from 09/2018 to 05/2019, as they were presented to the Texas Commission on Jail Standards, can be found at Violations of Texas Minimum Jail Standards and The Battle for Dish Soap at Eagle Pass.
All “related materials” links connect to this site.
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GRIEVANCE 1
Category: Classification (retaliatory)
Date: 3-27-19
Location: ISCI
Grievance Number: II 190000285
Responders: Monte Hansen, Tim Higgins, Pat Donaldson
Disposition: Denied
Notes: Responder(s) implicated in the inmate concern form process of the grievance investigated themselves for misconduct before dismissing the grievance, citing policy 316.02.01.001 (Grievances), which doesn’t allow issues specific to disciplinary to be heard. However the same policy does allow classification issues resulting from disciplinary actions to be heard, making their grounds for dismissal invalid.
This grievance was not forwarded to the Special Investigations Unit as policy 150.01.01.006 (Administrative Investigations)requires for allegations of employee misconduct. It was also not delivered to the offender within the time-frame allotted to appeal, forcing the appeal to be submitted without viewing the initial response — to ensure administrative exhaustion.
Related materials: Violations of Texas Minimum Jail Standards, Retaliatory Transfer to Idaho. Grievances CF 190000104, 190000216, II 190000578, Grievance attempt 2-25-20.
GRIEVANCE 2
Category: Mail
Date: 4-22-19
Location: Contract Facility EPCF
Grievance Number: CF 190000104
Responders: Monte Hansen, Tim Higgins, Pat Donaldson
Disposition: Granted
Notes: Following the suspicious transfer of a contract facility inmate who was sending grievances and complaints to oversight in Texas, agency responses were returned-to-sender and delayed from reaching their recipient in Idaho. IDOC mail policy 402.02.01.001 requires inmate mail be forwarded following any transfer. Because follow-up communications with oversight agencies were obstructed, several formal complaints were delayed.
Related materials: Violations of Texas Minimum Jail Standards. Grievances IM 190000181, IM 190000387, IM 190000484, IM 200000050, Grievance attempt 2-25-20, and Grievance CF 190000115 (available in Excessive Use of Tort, #4)
Grievance CF 190000104B_04/22/2019
Dated return envelope 04/04 2019
Dated envelope to TX IG 03/13/2019
Dated return envelope 04252019
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GRIEVANCE 3
Category: Mail
Date: 5-13-2019
Location: IMSI
Grievance Number: IM 190000181
Responders: Trobock, Terri Shewmaker, Barlow-Hust
Disposition: Denied, Granted on Appeal
Notes: IDOC employees refused to mail metered parcels addressed to media, legislators and legal advocates, citing a property policy that limits stamped envelope purchases.
Related materials: Grievances CF 190000104, IM 190000216, IM 200000050, Grievance attempt 2-25-20.
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GRIEVANCE 4
Category: Policy or SOP
Date: 06-06-2019
Location: ISCI
Grievance Number: IM 190000216
Responders: Southwick, Gary Hart Grove, Howard Yordy
Disposition: Denied
Notes: Addresses policy that allows staff to investigate themselves for allegations of misconduct. Requests a policy change to prevent future occurrences.
Related Materials: Grievances II 190000285, 190000181, II 190000578.
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GRIEVANCE 5
Category: Administration
Date: 6-24-2019
Location: IMSI
Grievance Number: II 190000578
Responders: Blackburn, Richardson, Alberto Ramirez
Disposition: Granted
Notes: Staff facing allegations of misconduct investigated themselves and then failed to forward their investigation to Special Investigations Unit, per policy 150.01.01.006 (Administrative Investigations).
Related Materials: Grievances II 190000285, IM 190000216, IM 200000050, Grievance attempt 2-25-20.
GRIEVANCE 6
Category: Religion
Date: 09-09-2019
Location: IMSI
Grievance Number: IM 190000344
Responders: Michael Hartwig, Gary Hartgrove, Howard Yordy
Disposition: Denied, Granted on appeal
Notes: Inmates not given equal access to Christian religious services. The grieving offender was removed from the unit before the appeal was responded to. Whether accommodations were made is unknown.
Related materials: None
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GRIEVANCE 7
Category: Access To Courts
Date: 10-04-2019
Location: IMSI
Grievance Number: IM 190000387
Responders: Shedd, Jamie Hess, Howard Yordy
Disposition: Denied, Modified
Notes: Inmate organizing complaints in Texas doesn’t have access to Texas court materials following transfer to Idaho.
Related: Retaliatory Transfer to Idaho, Grievances II 190000285, IM 190000484.
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GRIEVANCE 8
Category: Access To Courts
Date: 12-04-2019
Location: IMSI
Grievance Number: IM 190000484
Responders: Shedd, Jamie Hess, Howard Yordy
Disposition: Granted
Notes: Two copies of one tort claim, placed in Legal Mail, correctly addressed to two separate recipients, were both returned to offender twice, for a total of four times undelivered. One parcel sat in-facility three weeks before it’s return. Despite Offender stating both parcels had returned to Offender’s possession, facility staff maintained they had been mailed, while falsely stating “no deadline was missed since tort claims don’t have a court deadline.”
Related: Grievances CF 190000104, IM 190000181, IM 190000387, 190000484.
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GRIEVANCE 9
Category: Policy or SOP
Date: 01-14-2020
Location: IMSI
Grievance Number: IM 200000025
Responders: Southwick, Gary Hargrove, Howard Yordy
Disposition: Modified, Denied
Notes: Revised long-term restrictive housing policy 319.02.01.003 (as referenced by policy 319.02.01.001, adopted 7-11-2018) was found not to exist, leaving inmates unable to reference standard operating procedures for Administrative Segregation.
Related: None
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GRIEVANCE 10
Category: Commissary
Date: 01-30-20
Location: IMSI
Grievance Number: IM 200000050
Responders: Sonia Herrera, Gary Hartgrove, Howard Yordy
Disposition: Granted, Denied
Notes: One of two grievances resulting from limitations placed on non-stamped envelopes. Herrera and Hartgrove affirm restrictions are only to be placed on stamped envelopes. Restrictions were to be removed from inmate commissary orders. A separate grievance — alleging the restrictions were only placed on one inmate, to limit communication with government officials, media and legal advocates — was denied its process, and the inmate was instructed to present the separate grievance as an appeal to this one. The appeal, submitted as instructed, was then denied by the instructor, as being an issue for a separate grievance.
Non-stamped envelope restrictions were lifted temporarily, but reinstated again after a couple of weeks, limiting offenders’ ability to engage in protected communications as needed.
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, Grievance attempt 2-25-20)
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GRIEVANCE 11
Category: Administration ( Staff Retaliation)
Date: 2-25-20
Grievance Number: Process denied (no number)
Responders: N/A
Disposition: N/A
Notes: Grievance addressed staff limiting Offender’s ability to contact media, government and legal advocates as an act of retaliation. When consulted on how to process this grievance, Warden Howard Yordy instructed to have Offender state the claim of retaliation in the appeal section of a grievance that addressed the contact restrictions themself. Yordy then acted as the appellate authority and responded that the appeal was used to state a new claim, which should have been filed as a separate grievance, and denied it consideration as such. As the period to file had expired by the time Offender received the appellate response, the allegation of staff misconduct was unable to present as a grievance, and Special Investigations Unit was not notified of the allegation per policy 150.01.01.006 (Administrative Investigations).
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000050.
Grievance application 02/25/20
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Grievances currently in progress:
Interference with offender claim of staff retaliation (anticipating exhaustion in May.)
Censorship of local news coverage (May, also.)
Please check back, soon.
[Updated 4/21/2020]
GRIEVANCE 12
Category: Telephones (Media Access)
Date: 03/18/2020
Location: IMSI
Grievance Number: IM 200000155
Responders: Develbliss, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied
Notes: Local news articles sent over JPay messaging were prevented from being delivered.
Related Materials: Grievance IM 190000181.
GRIEVANCE 13
Category: Administration (staff retaliation)
Date: 3/26/2020
Location: IMSI
Grievance Number: IM 200000170
Responders: Juliet McKay, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied
Notes: Grievance alleges an attempt to grieve staff retaliation was obstructed. Offender provides multiple references in grievance, spanning a year’s time, and specifically requests a review be given by the Special Investigations Unit, per policy 150.01.01.006 (Administrative Investigations).
Materials provided by inmate were not referenced. Responders don’t address specific concerns in either the grievance or appeal, including the action grieved itself. Juliet McKay’s response in this grievance conflicts with messages she later delivered to Offender via Inmate Concern Forms. Responders don’t acknowledge the grievance is required to be forwarded to SIU per policy.
Attachments include receipts from other inmates, also submitted with 2-25-20 grievance, supporting Offender’s complaint of being singled out for publicly presenting group issues. They are only a few of the receipts available.
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, Grievance attempt 2-25-20.
Grievance IM 200000170, Inmate Concern Form 03/24/2020, Order Receipts
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GRIEVANCE 14
Category: Policy or SOP
Date: 3/19/2020
Location: IMSI
Grievance Number: IM 200000159
Responders: Baerlocker, Gary Hartgrove, Unidentified
Disposition: Granted, Modified
Notes: Grievance addresses policies not being provided to inmates. Appeal addresses offenders not receiving proof of their requests.
Related materials: Grievance IM 200000159
Grievances currently in progress:
Policies not being provided to inmates.
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Category: Conditions of Confinement
Date: 6/10/2020
Location: IMSI
Grievance Number: IM 200000280
Responders: Laing, Gary Hartgrove, Tyrell Davis
Disposition: Denied, Denied
Notes: Grievance addresses inadequate out-of-cell time for Administrative Segregation.
[Attachment 1] [Attachment 2]
Related materials: Grievances IM 200000280, IM 200000025, IM 200000159
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Category: Security
Date: 8/18/2020
Location: IMSI
Grievance Number: IM 200000411
Responders: Develbiss, Nicolas Baird, Tyrell Davis
Notes: Communications reporting staff-on-inmate violence were censored.
Related materials: Grievances IM 200000411, II 190000285, CF 190000104B, IM 190000181, IM 190000216, II 190000578, Grievance IM 200000170, Grievance attempt 2-25-20, FAT! (August 2020).
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Category: Security
Date: 7/30/2020
Location: IMSI
Grievance Number: IM 200000377
Responders: Develbiss, Nicholas Baird, Tyrell Davis
Notes: Communication describing staff-on-inmate violence was censored leaving the facility.
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000411, (FAT! August 2020).
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Category: Security
Date: 8/14/2020
Location: IMSI
Grievance Number: IM 200000403
Responders: Develbiss, Nicholas Baird, Tyrell Davis
Notes: Communication describing sexual misconduct of staff was censored leaving the facility.
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000377, Grievance IM 200000411.
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Category: Security
Date: 9/17/2020
Location: IMSI
Grievance Number: IM 200000456
Responders: Nathan Roe, Nicolas Baird, Tyrell Davis
Notes: News article reporting COVID-related violence was censored coming in to the facility.
Related materials: Grievances II 190000285, CF 190000104, IM 190000181, IM 190000216, II 190000578, IM 200000170, Grievance attempt 2-25-20, Grievance IM 200000377, Grievance IM 200000403, Grievance IM 200000411.
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Category: Conditions of Confinement
Date: 2/19/2021
Location: IMSI
Grievance Number: IM 210000080
Responders: Justin Gibney, Klinton Hust, Tyrell Davis
Notes: Ad-Seg reform policy was never implemented, and an interim policy has never been established.
Related materials: IM 200000280.
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Category: Policy or SOP
Date: 6/7/2021
Location: IMSI
Grievance Number: IM 210000239
Responders: Southwick, Susan Wessels, Tyrell Davis
Notes: Mail policy prevents residents from mailing case information involving codefendants and classes, and is worded to prevent legal resources and references from being sent through the mail also.
Related materials: None.
Category: Complaint Against Staff
Date: 9/24/2021
Location: IMSI
Grievance Number: IM 210000456
Responders: Hottinger, Wessels, Richardson
Notes: Late parole packet and request for extension
Related Materials: Idaho Department of Correction Parole Hearing Interview Packet, IM210000538
Category: Policy / SOP
Date: 11/7/2021
Location: IMSI
Grievance Number: IM 210000538
Responders: Southwick, Neville, Richardson
Disposition: Modified
Notes: Outdated policy/SOP documents
Related Materials: IM210000456
Category: Policy / SOP
Date: 9/30/2021
Location: IMSI
Grievance Number: IM 210000467
Responders: Southwick, White, Gentry
Disposition: Denied
Notes: Tracking of Charitable Donations. Records of Iimate property donations are lacking. IDOC is unable to produce any records, including donation recipients and donated value receipts.
Related Materials: None:
Category: Medical
Date: 12/14/2021
Location: IMSI
Grievance Number: IM 210000615
Responders: Michael Grace, Tonia Reidy
Disposition: Modified
Notes: This is concerning receiving receipts for medical co-pays that were excessive. IDOC Medical referred the offender to IDOC Fiscal. Grievance 27 was sent to IDOC Fiscal and then Fiscal rerouted back to IDOC Medical.
All excessive fees have since been reimbursed.
Related Materials: IM210000616, IM220000032
Category: Medical
Date: 12/14/2021
Location: IMSI
Grievance Number: IM 210000616
Responders: Michael Grace, Tonia Reidy
Disposition: Modified
Notes: This is concerning excessive medical co-pays. All excessive fees have since been reimbursed.
Related Materials: IM210000615, IM220000032
Category: Medical
Date: 1/13/2022
Location: IMSI
Grievance Number: IM 210000616
Responders: M. Chick, \<unknown\>
Disposition: Modified
Notes: This is concerning receiving receipts for medical co-pays that were excessive. In Grievance 25 IDOC Medical referred the offender to IDOC Fiscal. Grievance 27 was sent to IDOC Fiscal and then Fiscal rerouted back to IDOC Medical.
All excessive fees have since been reimbursed.
Related Materials: IM210000615, IM210000616