OFFENDER CONCERN FORM
6-21-20
To: Brett Phillips
From: Irving 82431
Previously, you intercepted a court claim being served to Warden Yordy, sat on it until he retired, and then returned it, unserved, with a message to deliver it to someone else. Now possessing communications from the Court stating Yordy must be served directly, despite IDAPA 06.01.01 #106, your actions have been realized as obstruction. I now require Yordy’s home address to serve him as needed, per the Court. As IDOC offenders are discouraged from researching staff, I request you provide me with his info, express permission for me to resource it myself, or acknowledge your complete refusal in allowing me to serve this claim. This is the 5th time IDOC has obstructed this claim and the 2nd attempt to have this Concern Form signed in accordance with 316.02.01.001.
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IDAHO MAXIMUM SECURITY INSTITUTION MEMORANDUM
Date: June 22, 2020
To: Patrick Irving #82431
Unit: B-2 / 54
From: Brett Phillips
Management Assistant
Office of the Warden
RE: Response to your concern(s) received 6-22-20
In response to the two (2) separate concerns you addressed to my attention dated 6-20-20 [and] 6-21-20, I feel it necessary to provide you with a detailed explanation of your predicament. To help illustrate your inability to follow the basic “service of process” instructions and direction provided to you, I’m attaching two documents I hope will move your previously filed small claims matter into court.
On February 20, 2020, then Warden Yordy responded to your concern regarding “service” inquiry. In his response he clearly directed you to send your small claims filing to the Deputy Attorneys General who represent the IDOC and its employees. [His] response comports with the IDAPA Rule you referenced in your latest concern. For your convenience, I’ve attached a highlighted section 106 of IDAPA 06.01.01– Service of Process on Department Employees. As with Warden Yordy’s response to you, Rule 106 clearly directs anyone wishing to serve a complaint, summons or subpoena regarding any action related to the Department or its employee(s) “to be made upon the Deputy Attorneys General who represent the department in a manner and form required by state and federal procedure.” I’m guessing from the narrative you provide in the two concerns you sent, you failed to serve Warden Yordy in compliance with the state rules of procedure? You had/have several options available to you: Employ the services of the Ada County Sherrif’s Office — Civil Division, hire the services [of] a private process server, reach out to any person over the age of 18 — who is not a party to your claim to effect service on your behalf. Additionally, you could have paid a nominal fee to the Clerk of the Court to serve your complaint directly via certified mail. IDOC staff are NOT process servers, and you are prohibited by IDAPA 06.01.01 from directly serving any IDOC staff your filed complaint.
I suggest you review that attached information and reevaluate [your] service situation.
BP/bp
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IDAHO DEPARTMENT OF CORRECTION
Grievance/Appeal form
Inmate: Irving 82431
Date: 6-22-20
The problem is: Brett Phillips continues to obstruct the same claim that resulted in a previous grievance, IM 190000484. Previously, he held onto the claim for two weeks after the paralegal informed he could serve it. Now he insists on providing misinformation on how the court requires it delivered: Attached are several documents from the Clerk of the Court insisting the information Brett’s providing is wrong.
I have tried to solve this problem informally by: Extended communications with the Clerk of the Court, Justice Department, Attorneys General of Idaho, concern form, and the public documentation of the entire process in “The Excessive Use of Tort Series” @ bookofirving82431.com
I suggest the following solution for the problem: Knock off your shenanigans and provide me with an address that will yield Keith Yordy’s signature on Certified Mail, the way the Clerk of the Court requires it, or give me your blessing to source the problem myself.
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6-22-20
Dear Chief Page:
Brett Phillips now insists on hurling insults at me and my “inability to follow the basic ‘service of process’ instructions provided to [me]” (Memo 6-22-20), despite these communications from the Clerk of the Court I’ve attached stating the instructions he’s providing me are wrong.
As a Business major who held a 4.0 until boredom insisted I entertain with other things . . . what was I saying, again? Just kidding, I’ll remember this forever.
Regard,
Patrick Irving 82431
IMSI
PO Box 51
Boise, ID 83707