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An Appeal for Human Rights Legal Advocacy
on Behalf of Iron Thunderhorse
Posted July 19, 2005
1. Statement of Interest by Ruth "Little Owl" Duncan Thunderhorse
2. Iron’s Incarceration
3. Iron Thunderhorse: Spiritual Leader, Scholar, Jailhouse Lawyer, Activist
4. Iron’s Physical Condition
5. Iron’s Current Human Rights Work
6. Associated Reprisals
7. Texas State Prison Conditions
8. Remedy Sought

1. Statement of Interest by Ruth "Little Owl" Duncan Thunderhorse

I write on behalf of my disabled husband, Iron Thunderhorse, Texas Department of Criminal Justice (TDCJ) prisoner #624391 (formerly known as William Coppola -- ID #283650), currently incarcerated at the Polunksy Unit in Livingston, Texas. Iron has been involved in civil and political rights work most of his life. He has been a "jailhouse lawyer" since his incarceration began in 1978. He has now initiated court action that could benefit tens of thousands of TDCJ prisoners whose human rights as disabled persons and/or as Native Americans are presently being denied. Standing up for human rights, first among which – for Iron – is the inalienable right to practice one’s own spirituality or religion, has put his life in great jeopardy. As for me, I have been an activist in the arena of religious involvement, and more recently in Native American civil rights. Yet, I never imagined I would be called to deal with injustices on the scale I now encounter, since becoming Iron Thunderhorse’s life partner and advocate.

This document expresses my views. I was helped with the research by Ann Pohl, a Canadian human and indigenous rights activist and social researcher who has taken an interest in my husband’s case. I asked for Ann’s help because of the extremely difficult circumstances in which I am trying to provide protection for and support to my husband. I live in poverty, have limited access to computer and email facilities through the public library, and have an increasing sense of my own personal endangerment due to otherwise inexplicable happenings.

In the United Nations’ Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (adopted by General Assembly resolution 43/173 on 9 December 1988), to which the United States of America (US) government is bound under international human rights law, "Principle 33" states:

1. A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers.

2. In those cases where neither the detained or imprisoned person nor his counsel has the possibility to exercise his rights under paragraph 1 of the present principle, a member of the family of the detained or imprisoned person or any other person who has knowledge of the case may exercise such rights.

3.Confidentiality concerning the request or complaint shall be maintained if so requested by the complainant.

4.Every request or complaint shall be promptly dealt with and replied to without undue delay. If the request or complaint is rejected or, in case of inordinate delay, the complainant shall be entitled to bring it before a judicial or other authority. Neither the detained or imprisoned person nor any complainant under paragraph 1 of the present principle shall suffer prejudice for making a request or complaint.

Over his almost three decades in the TDCJ state prison system, Iron has made complaints, as outlined in both Sections 1 and 4, regarding human rights violations he has endured as a disabled person and as a Native American. Iron does not "have the possibility to exercise his rights" any further. So, in keeping with Section 2, I have prepared this urgent request for assistance for my husband.

Iron and I met about 10 years ago through an US national network on Native American spiritual traditions, which we both contributed to as writers and artists. At that time, I was re-examining my life’s work as a Baptist minister and opening my spiritual world to the teachings of my own Native American ancestors. Finding we shared many common interests, Iron and I began a friendship through long-distance, personal correspondence. Despite how painful it has been for me to give up my confidence in the American justice system, over time I came to understand that everything Iron had been telling me was true: about his life, the circumstances that led to his imprisonment, and his ongoing campaign for human rights inside TDCJ facilities. Almost three years ago I married this fine, honest, deeply spiritual, and courageous man.

I ask for your consideration and immediate response to this material. My husband’s very survival is severely threatened at this time.

 

2. Iron’s Incarceration

After Iron’s return, in the early 1970’s, from special services military duties in south-east Asia, he spoke out against the Vietnam War. He trained and worked as a community-based, grassroots paralegal advocate for poor and culturally/racially marginalized people. He also became an activist on Native American issues, associating with members of the American Indian Movement and other US progressive civil and political rights movements.

Iron is a political prisoner. Some human rights and other activists may shy away from use of the term "political prisoner" for an American inmate, but the cases of Geronimo Pratt, Leonard Peltier, and many other progressive Black, Hispanic and Native American activists raise serious questions about FBI and other officials’ manipulation of the criminal justice system. Even the former US Ambassador to the UN, Andrew Young, admitted in 1978 that there were (are) "thousands" of political prisoners in the US – dissident "minority" human rights activists who were removed from the "free world" American landscape through incarceration. Iron has been one of those political prisoners for decades now. (1)

To provide some further context, "anti-Indian" sentiment was widespread in the mid-west and western US at the time of Iron’s arrest. In 1976, just one year prior, the Attorney General and later Governor of South Dakota, William Janklow, said, "The only way to deal with the Indian problem in America, is to put a gun to the AIM leaders’ heads and pull the trigger." (2)

Iron’s arrest was known as "Operation Thunderbolt" and involved FBI, other federal officials, and the Texas Rangers. Iron did not commit any of dozens of felonies for which he was charged, nor the two on which he was convicted.

After his arrest, Iron was offered a former FBI agent as a public defender. He chose instead a pro se defence (self-representation). He plea-bargained on two of the lesser charges so that he could fight against the more serious ones, which he managed to do successfully. Subsequently, in 1991, all Iron’s legal files were destroyed. TDCJ has blocked, at every possible opportunity, Iron’s access to their copy of his files and, in the mid-1990’s, a law was passed that allowed TDCJ to prevent any inmates’ access to their files. What these files would tell is that Iron is currently being held by TDCJ on a charge of which he was exonerated in the early 1980’s. In 1997, TDCJ officials added this sentence extra-judicially to Iron’s "time sheet."

Several applications for Iron’s parole have been turned down in recent years. The parole board did considered neither the views of people who pledged support for him during the transition period, nor the thick dossier of letters that requested Iron’s release so that he could contribute his scholarship and spiritual leadership to the wider community.

He could prove all this in court if we ever had the opportunity and financial/legal resources to do so. He, I, and/or others in our support network could provide more information on these matters to your organization.

 

3. Iron Thunderhorse: Spiritual Leader, Scholar, Jailhouse Lawyer, Activist

Iron Thunderhorse (Biwabiko Paddaquahas) is the Grand Sachem or Medicine Chief of the Algonquian Confederacy of the Quinnipiac Tribal Council’s (ACQTC) Thunder Clan (3). The Quinnipiac (his People, and mine by marriage) are an "R"-dialect Algonquian Tribe. We were the first Native Americans to be placed on a reservation by the British colonial military, in 1638, in southern Connecticut. For the most part, our People became invisible over the centuries – "hiding in plain sight," as Iron calls it, in the hills and towns of the northern range of the Lenape, within the Wabano Confederacy. However, Iron’s family were hereditary leaders, and they upheld their responsibilities to the Quinnipiac through all the hardships. Iron’s intensive training in the Quinnipiac language, culture, and religious traditions began in infancy. Central among his early teachers was his maternal grandmother’s sister Elizabeth Sakaskantawe Brown of Totoket (Branford, CT), the last hereditary female Sachem of the Quinnipiac. He has continued this learning and teaching throughout his life.

From his street paralegal work, Iron knew that his human right to practice his own religion would be denied in the Texas state prison system. When he first began his sentence, he entered the prison system with a Temporary Restraining Order (TRO) that supported his civil right to follow his own religion inside the institution. The TRO was destroyed in front of him, and he was beaten up and forced to have a haircut (a violation of his spiritual traditions). This happened in 1978. The date of Iron’s initial activism for his spiritual rights (guaranteed by the US Constitution and the UN Covenant on Civil and Political Rights) places him on the cutting edge of activism for recognition of Native cultural identity and spiritual rights in US prisons. (4)

Iron has been as much of an advocate for the civil rights of all prisoners as with the specific issues of Native American prisoners. For this work, in 1990, the Dallas Morning News dubbed Iron the "Clarence Darrow of jailhouse lawyers." Iron has also volunteered his services to many causes, especially those advocating for prisoners’ rights and for Native American land and cultural rights issues. As examples, he served as advisory counsel under Paulette Crone-Morange for the Connecticut Indian Affairs Council in 1989-91. Recognized by the court (from his prison cell) as amicus curiae, he composed an Amicus Brief on local indigenous issues in that matter, as this is his home territory. He also worked on behalf of Native Americans people in the Big Mesa dispute. In 1999, he played a leadership role in calling for the removal of Milford, Pennsylvania’s folk-history monument to the genocidal colonist, Tom Quick, Jr., who is known as the "Indian Slayer" and "Avenger of the Delaware." In 2000, he put his legal skill to use to help the Environmental Council of Stamford (Connecticut – Quinnipiac homeland) save sacred Native American sites at Rosa Hartman Park from becoming a golf driving range. He has served as a registered lobbyist and National Chairman for the Coalition to Protect Prisoners’ Rights, and written related "op ed" pieces and articles to educate the public about prisoners’ rights issues. These are just a few examples of what Iron has done, inside and outside prison, to promote human rights generally, and the rights of indigenous peoples and the natural world for which we have responsibility.

Iron is not only respected by Lenape and other Native Americans as a spiritual, political, and cultural leader, he is also "a worthy scholar of New England," says Dr. Jack Dempsey, (Ph.D., Brown University; Early American & Native American Studies), whose work focuses on the New England region of the US. From his jail cell, Iron has assembled and published three books that illuminate the cultural landscape of the Quinnipiac and other Wabano (or Dawnlander) Algonquian Peoples. Dr. Dempsey acknowledges Iron’s scholarship:

Iron has put together maps and other information on the ancient trail system connecting the Lenape groups to the south, and New England groups of the north, and New York groups, and so forth... The linguistic grammar text he has produced is a lexicon of the Wabano… if there's fifteen different ways to say something... a verb, noun, female, male, and so forth, Iron will have them all worked into his final result. He has tried to move the language up a generation -- to recover [it], with the best rootage that he can find, but also to move it forward again into a spoken thing... a living language... And one other thing that he has created…[is] a grammar of New England pictographs, a grammar of religious, cultural, totem -- that is say, groups of family symbols that New England [indigenous] People have left on the landscape as a whole…Once again, he is saying, "Up here, in nine different ways, it appears to mean... so now let's see what the same symbol means in its own context in New England and what can we relate, what can we contrast, what do you think?" That's scholarship... These are three major things that no one else has done and that would maybe never be done if somebody [like Iron] with the will didn't do it... He knows his stuff, and he produces it. That is important…and he is a figurehead to a lot of people. (5)

 

4. Iron’s Physical Condition

TDCJ records show that my husband is now 60 years old.

He previously suffered serious nerve and muscle damage to his right arm and shoulder resulting in constant pain, such that even TDCJ has acknowledged that he must not be handcuffed behind his back (usual practice for all transfers from cell, etc.), and he has a medical "Front Cuff" pass. As a result of this same disability, Iron cannot handwrite without great pain, and relies on a typewriter for his civil rights and personal legal work inside prison.

Iron is also legally blind, some of which may be related to his age (open angle glaucoma and cataracts), but prison doctors acknowledge that the corneal dystrophy (endothelial and epithelial) he suffers is related to TDCJ staff’s frequent use of tear gas for effecting prisoner discipline in the airless facilities where he has been housed. Iron has been fitted with prescription glasses and special light filters to protect his eyes. He was issued a medical pass to use protective eye-pads that minimize the pain of glare from light, which is "on" 24 hours per day in TDCJ prisons. Iron requires a lighted magnifier to read and write adequately, which is obviously very important for his jailhouse legal work. He also needs to use a cane to negotiate corridors as his depth and range of vision are seriously affected. Prior to being granted a navigational cane pass last year, he suffered many "accidents" while being transported by guards.

Further, Iron suffers from hypertension and other conditions requiring prescription medications. He relies on a clock in his cell to inform him of the time to take these pills. Finally, the temperature in his cell often reaches into the range of 35 – 40 degrees Celsius; due to his poor health, he has an electric fan.

 

5. Iron’s Current Human Rights Work

My husband is presently engaged in two major lawsuits against TDCJ, which are based on the knowledge and skill he has acquired from almost three decades of being a jailhouse lawyer of extraordinary intellect and self-discipline. These suits are not self-motivated.

The first case in which Iron is the movant has the potential to immediately benefit many tens of thousands of disabled prisoners in Texas. This suit, filed in 2003, is called "Iron Thunderhorse for Himself and All Others Similarly Situated vs. Stringfellow [formerly TDCJ’s Executive Director] et al, A Civil Action to Redress Deprivation of Rights under the 8th and 14th Amendments to the US Constitution and under the American Disabilities Act, as well as Section 504 of the Rehabilitation Act of 1973 [which covers anti-discrimination towards handicapped individuals imprisoned in Texas]." This civil action has moved forward in the courts, and is now at a stage where Iron is required to read and respond to a "full disclosure" stack of legal documents that is about three feet high (with everything in triplicate, to add stress to his eyes).

The second case will benefit every Native American and minority religious group member in TDCJ. Filed this past winter before the federal court in Texas, as a "Complaint by State Prisoner for Violations of Civil Rights Pursuant to the Religious Land Use and Institutionalized Persons Act," Iron describes the persistent violation of his inalienable human right to practice his traditional Native American spirituality. As I understand it, he goes back and documents his experience of religious discrimination throughout his lengthy incarceration in TDCJ facilities, where the human rights violations have not abated despite all the changes, lack of changes, and rollbacks described in section below.

On April 19, 2005, the Texas federal court conducted an "evidentiary hearing" on the matter. According to Iron, in correspondence dated May 15th (6), the Federal Judge Judith Guthrie agreed that his rights have been systematically, institutionally, and routinely violated. Iron told me himself that she said, "I’m with you on that one." Although all parties acknowledged that Iron had exhausted all internal TDCJ remedies (i.e. grievances via the prison rules), the judge ordered Iron to submit a proposal to TDCJ on how their religious practice policies could be amended to allow for "least restrictive" practice of traditional indigenous spirituality. On April 29th, Iron did what the court asked of him: he submitted his proposal on policies to protect the practice of traditional spirituality in TDCJ facilities directly to the prison wardens where he is housed and to other TDCJ staff. This was a dangerous undertaking due to the TDCJ institutional culture described herein, but my husband takes such risks willingly and consciously because he is determined to see a human rights culture take root in TDCJ facilities. At the same time, he asked for my help in delivering copies of the same document to various places including Judge Guthrie.

 

6. Associated Reprisals

Beginning on May 18th, Iron began to be disciplined for failing to submit to a haircut (a violation of his spiritual rights – hair cutting has special spiritual connotations). Some of the human rights abuses he has experienced in recent weeks include:
  • Many personal items were confiscated that help sustain his life: the clock he uses to know when to take vital medications, a hot pot for days when he feels too unwell to go to chow hall, and his electric fan. His commissary privileges were also revoked.
  • Also confiscated was the equipment he requires for his ongoing legal work, such as his typewriter and his lamp. As Iron represents himself in all legal proceedings, the removal of items he uses for this work is devastating.
  • There have been delays or tampering with his legal correspondence and other mail.
  • He was put on cell restriction, and our "contact" visits were revoked.

This "discipline" constitutes major punishment for the minor infraction of refusing a haircut.
  • On May 19th Iron was banned from chow hall. When he told me about this during our regular visit on June 4th, he reassured me that he was "OK" because other prisoners would continue to share food with him. But, I could see he was losing weight.
  • On May 25th he passed out in his cell, no doubt due to his health deteriorating under the above punishment. He was taken to the Emergency Treatment Center, but refused transfer to the hospital because he did not want to "lose" things that were in his cell, in particular related to the two legal cases. (As noted above both these important cases are circumscribed by tight deadlines, especially for a man with his vision problems.) He has had many previous experiences of personal items being stolen by officials, especially his sacred items and his legal materials, when he is moved within TDCJ. One year he was moved four times and "lost" nearly everything he had; he has filed repeated complaints on these matters.
  • Also on May 25th, a guard threatened to gas him (contraindicated due to his eye condition).
  • On May 25th, he was given additional days on his above-mentioned restrictions.
  • On May 25th, Polunsky Unit Warden Alford threatened to move Iron to a building populated by young violent gang members. Texas state prisons have been known to rid themselves of troublesome prisoners by placing them in situations where they are vulnerable to attacks by other prisoners, who may be collaborating with officials for their own gain (see articles cited in footnotes 8-11). Iron, in turn, requested protection in "segregation," so that if anything happens to him it will be evident that TDCJ is responsible.
  • On/about May 27th, Iron filed a Life Endangerment Request for transfer to a safe place. (I have a copy of that document.) TDCJ’s Polunsky Unit officials refused this request.
  • On June 2nd, he filed a motion for a TRO with the Federal Judge Guthrie. This application was denied on June 10th. However, Judge Guthrie did order TDCJ officials to respond to Iron’s original Complaint within 30 days. Somewhere in the same time frame, Iron filed a writ of habeas corpus with the Polk County Courthouse. (I am not clear about the details of this but it was probably another attempt by Iron to protect his life.)

All visits of any kind by me with Iron were cut off after June 7th. I was told this would be in effect until July. This meant Iron could not tell me what needs to be done in regards to the human rights litigation he has initiated, which he normally would do during our weekly visits – and through correspondence, with which TDCJ was tampering.

On June 15th, I contacted the warden at the Polunsky Unit and asked him to prove to me that my husband was still alive, as he was being held incommunicado from me. I learned that on June 7th Iron was assaulted by ranking officers as he attempted to go to chowhall. In the aftermath of this, all Iron’s property was confiscated again, including his legal materials, his TDCJ ID card (which is required for such things as commissary purchases, where stamps are bought), and his glasses were "lost."

TDCJ officials claim Iron assaulted them first. This makes no sense to any objective party. To begin with, TDCJ’s reputation and prior treatment of Iron provide no reason for believing the TDCJ version of events. However, most significantly, it is obvious that Iron is extremely motivated to pursue the civil rights litigation he has placed before the courts. My husband’s spiritual practice is the core of his life. As a spiritual leader he is motivated directly by his awareness that countless thousands of vulnerable, disabled, impoverished, and dispossessed persons of all races and faiths could benefit from him seeing these cases through to a successful conclusion. He has dedicated almost three decades of his life to building these cases. I am certain that Iron was doing his best to stay alive in that hostile environment. He is an experienced prison activist and it is inconceivable that Iron, who is blind and disabled, would provoke a fight with the prison officials.

The warden told me Iron was alive and that he would ensure that Iron could write to me.

In a copy of correspondence that Iron filed with the U.S. Federal Court’s District Office, dated June 13, 2005, he details several of the abuses related to the June 7th incident. His purpose in providing this information to the federal courts was to advise them why he may need additional time to complete his part of the ongoing work in the two civil rights suits for which he is the complainant or movant (referenced above). Iron’s greatest fear is that the reprisals, torture, and harassment he is experiencing may cause these two cases to get dismissed, due to his inability to progress with the work according to legislated deadlines, etc. Following this, a supporter of Iron’s with legal training tried to get permission to him, and this was not permitted.

In correspondence I received on June 29th, I learned how bad Iron’s situation actually was. In that letter, Iron forwarded to me a complaint he sent to the University of Texas Medical Branch (UTMB) Practice Manager. UTMB is a private healthcare provider as well as a research and training facility, and they have the contract to provide health services to TDCJ. Iron reported:
  • He was sprayed from several directions with OC Pepper Spray directly into both eyes. This medically prohibited act of aggression – combined with the "loss" of his glasses, UV protectors and protective eyepads – has caused Iron continuous and excruciating pain, and likely further damage to his sight.
  • Officers kicked him and forced his disabled right arm (frozen right shoulder, no muscle tissue, limited mobility) into a Back Handcuff, in violation of the Front Handcuff Pass he has had continually renewed by many MDs at many units since 1992. He was taken to medical only after a half hour, during which time officers continued their physical assault on him.
  • At the infirmary, ranking officers refused to allow the duty nurse to conduct a proper examination. No vital signs were taken. Officers refused to allow the duty nurse to un-handcuff him. Officers refused to allow the nurse to flush his eyes with water or otherwise decontaminate him from the pepper spray, which had saturated both eyes, face, head, ear canals, neck, torso, arms, palms, buttocks, and thighs. Apparently the officers kept saying, "Let him burn!" As Iron suffers from allergic rhinitis and sebhorric dermatitis, these conditions were aggravated. It was not until twelve hours after the spraying that he was permitted to partially decontaminate himself. Because of the length of time the pepper spray soaked into his skin, any pressure caused a burning sensation from thigh to head and it took over 24 hours before he had any semblance of relief. The following day, he experienced an outbreak of shingles, which is triggered by stress. He received no medical care for the shingles, which are very painful.
  • It was on June 10th that all his medical passes were confiscated by ranking officers. Between then and June 21st (the date of this correspondence to UTMB), he received five "medical lay-ins." ("Lay-in" describes when a prisoner is supposed to be escorted somewhere, but the guards do not do so.)
  • By June 21st, all his "Keep On Person" medications (Metoprolol, Enalapril, Gemfibrozil, Hydrachlorathiazide, Ranitidine, Docusate Calcium) had expired or were expiring, and the pill nurses were not bringing meds to him in his cell. Without his meds, his life is dangerously threatened.

All the brutality and abuse described above serves TDCJ’s goal of stopping Iron’s human rights complaints from progressing through the courts.

On July 2nd, I was allowed to visit my husband. It was torturous to see him in such bad condition, still cuffed behind his back, still without his navigational cane, still missing his glasses, UV protectors, and eyepads, still denied his handicapped shower. Iron said that the lack of eye protection causes pain like a knife sticking into his eyeballs. He still has stinging and pain from the spray penetration and shingles. When he is cuffed at the back (for transport, such as for our visit), the pain causes him to almost pass out. He seemed unable to stand up straight and I have never seen my husband in that kind of condition before. He spoke of the bruising I could not see, and said that other prisoners had told him how bad he looked after the assault. I am sure that part of the reason I was allowed to visit him is because TDCJ wants me to see how much they can torture him, in hopes that I will encourage Iron to cease his human rights advocacy.

My husband has not given up despite all the reprisals. To do so would be to compromise his ethical and spiritual principles. Documentation, written by my husband about the brutality he has experienced, can be made available on a confidential basis (Principle 33, Section 3, of the United Nations’ Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment) to human rights organizations.

7. Texas State Prison Conditions

7.1 Lack of Religious or Spiritual, and other Human Rights

As was the case when Iron entered the Texas state prison system in 1978, Native American prisoners in TDCJ institutions are still denied their rights to practice their traditional spiritual or religious ways. Writing in 2001, TDCJ Death Row prisoner Michael Gonzales – himself a Christian of Hispanic heritage – confirms this fact,

I am an individual prisoner (ONE) of nearly 150,000 persons, IMPRISONED at one of over 110 prisons within the State of Texas. (Land of the Free)…Us here on the row are from DIVERSE racial, ETHNIC and RELIGIOUS BACKGROUNDS, but we are all HUMAN. The least of all are Native American Indians and some of the ones most harrassed [sic] because of a simple Feather, a Medicine Bag, and small items one may have managed to acquire, because the Texas Department of Criminal Justice - Institutional Division does everything it can to prevent any member of the Native Americans from any individuals or group religious activities. Sure TDCJ-ID has instituted a few places they even designated as strictly for Native Americans, however it is impossible to be transferred to one of these units, and at the same time, the ones at those units are being constantly harassed for numerous reasons...

When I first came to prison, I learned about the struggles and sacrifices that were made by prisoners, to bring about change, before I even arrived. While in prison I have met, and participated with, the prisoners who continue to struggle and sacrifice for change. Over the years there have been positive changes. However, with every positive change, TDCJ-ID does that much more to make things worse...

Beatings by [sic – of] prisoners by guards is a major and growing problem throughout the State of Texas, especially on all the Ad-Seg. Many of the prisoners being beaten are the mentally ill and Political Prisoners (many are harassed and singled out for physical assault because of their filing complaints and Litigation against prisoner / prison officials and guards.) Our lives here… are not safe due to the extreme conditions and the possibility of brutality we must face daily…(7)

7.2 The Ruiz Inquiry

In 1980/81, Iron and two other prisoners at TDCJ’s Ellis Unit assisted with, and testified at, the "Ruiz Inquiry" into human rights violations in Texas prisons. The late (murdered) AIM activist Standing Deer speaks about this prisoners’ rights case,

…brought about by civil-rights complaint filed in 1972 by prisoner David Ruiz. 349 witnesses testified… of unspeakable atrocities committed by "building tenders" (prisoners who had been appointed as guards) and aided by guards and prison officials. Murder and torture were common punishments for such rule infractions as not picking enough cotton to satisfy the field major. Prisoners who wrote complaints to the federal court describing these barbaric terms of confinement were targeted for retaliation by wardens, with building tenders carrying out the beatings and rapes, and on occasion murders of jailhouse lawyers and others with no fear of punishment of any kind.

In 1980, Judge Justice ruled that confinement in the Texas prison system constituted cruel and unusual punishment, citing overcrowding, understaffing, brutality by guards and building tenders, substandard medical care, and uncontrolled physical abuse among prisoners... (8)

Iron provided information to the Ruiz Inquiry, but not without difficulty. Judge Justice had to threaten serious fines in order to force TDCJ to release his files. A subsequent news report stated, "Coppola [Iron Thunderhorse] complained that officials ordered his head shaved because he cooperated with the court… he was [also] concerned because two other cooperating jailhouse lawyers, James Davis and J.W. Gamble, subsequently were killed by other inmates at the Ellis Unit." (9) Six attempts were made on Iron’s life in those years, but he managed to survive them all through receiving friendly warnings, requesting transfers to administrative segregation, and other strategies.

Federal Judge Justice eventually ordered that all state prisons in Texas must be under federal oversight. The situation in TDCJ institutions improved somewhat during the years of federal management. However, as the political climate in the US has hardened regarding law and order issues in the 1990’s, this monitoring was declared unconstitutional in 2001 (see below). TDCJ state prisons are rapidly returning to the situation described by Standing Deer above.

7.3 Ongoing Abuses Documented by Human Rights Organizations

Joanne Mariner, deputy director of the Americas Division of Human Rights Watch, says violence and other human rights violations are "endemic to U.S. prisons and jails…In some instances, entire state prison systems are pervaded with abuse." (10) Referencing a March 1999 federal court decision related to the Ruiz Inquiry, she describes the frequency of "wholly unnecessary physical aggression" in Texas prisons, which reflects TDCJ’s "culture of sadistic and malicious violence." She attributes this to a lack of monitoring for human rights protection, a situation worsened by recent federal legislation:

…Unlike some countries, the United States has no official prison monitoring body…The lack of comprehensive and effective outside monitoring mechanisms has meant that the federal judiciary has become, however reluctantly, a sort of default national prison oversight body. But over the past decade, even as the inmate population has grown, judicial monitoring of prison abuses has declined in effectiveness. The 1996 passage of the Prison Litigation Reform Act has, in particular, made it much more difficult for inmates to secure legal remedies for abuses. (10)

The Prison Litigation Reform Act of 1996 (PLRA) "is helping to reverse the last 30 years of progress in giving prisoners a voice and is moving the nation still further away from democracy" says journalist Richard Vogel. (11) Set in context,

Since the end of the Vietnam War, incarceration rates have skyrocketed [in the US], reaching an all-time high of 478 per 100,000 in 2000. Imprisonment in the United States is now at the highest rate of any country in modern history… This unprecedented period of mass incarceration is the setting for the PLRA…(11)

Overcrowding, understaffing, the use of volunteer prisoners as enforcers (such as the "infamous building tender system" of TDCJ), lack of medical care or meaningful programs designed to assist rehabilitation, and many other human rights violations "led to widespread and devastating prison riots and insurrections" and a "parallel trend in prison litigation," especially as more and more activists were incarcerated during the late 1960’s and 1970’s. (11)

[L]awsuits were filed across the country and in increasing numbers. In 1970, some 2,200 civil rights cases were filed in federal courts, from a population of 360,000 inmates. By 1995, with a prison population of 1.6 million, nearly 40,000 new lawsuits were filed, about a fifth of the federal courts’ civil docket. In that same year, almost a third of all correctional institutions across the nation were under state or federal court orders to limit prison populations or improve the conditions of confinement for inmates under their jurisdiction…

Congressional sponsors of the PLRA… promoted their bill as the answer to alleged inmate litigation abuse…proclaiming, "This landmark legislation will help bring relief to a civil justice system overwhelmed by frivolous prisoner lawsuits"…

The PLRA [has] affected inmate litigation significantly. First, the law imposes filing fees even on indigent inmates. This provision increases the financial burden on prisoners, most of whom are already poor at the time of their incarceration. Second, the law limits the damages and attorney’s fees that inmates can receive if they win their cases. Considering the low percentage of successful inmate cases and the small monetary damages awarded to plaintiffs, this limitation restricts prisoners’ access to legal representation by making prison litigation financially even less attractive to attorneys than it was prior to the enactment of the PLRA. Third, and with the greatest impact, the PLRA requires that inmates exhaust administrative remedies before filing lawsuits. Through this provision, authorities can block lawsuits by issuing complicated grievance procedures, by shortening deadlines, and by adding multiple layers of review.

These procedural reforms have produced the intended results. While the prison population rose steadily between 1970 and 2001, by a phenomenal 574 percent, court filings failed to match this growth trend after passage of the PLRA. Between 1970 and 1995, filings rose by 942 percent, growing considerably faster than total incarcerations. However, in the six-year period immediately following the passage of the act, there was a 43 percent decrease in court filings despite a 23 percent increase in the prison population. The act has definitely silenced a significant number of voices from the cells…

…The case of the Texas DOC is illustrative. The Ruiz lawsuit fundamentally changed the operations of Texas prisons… But despite these expenditures [ordered by Judge Justice and other federal overseers] and because of rising incarceration rates, the Texas prison system continued to operate at or above capacity and was unable to meet many of the court-ordered improvements.

…Texas provided an important test case for the new law. In the three years prior to passage of the PLRA, the prison population of Texas increased 142 percent, leading to conditions that clearly violated several restrictions imposed by Judge Justice. As soon as the PLRA became law, the Texas Attorney General demanded the application of the time limitation of the statute to the Ruiz case. Judge Justice responded by declaring the PLRA unconstitutional, but the 5th Circuit Court of Appeals reversed his ruling and remanded the case to him. In 2001, the Ruiz case was settled, and federal oversight of the Texas prison system was terminated… [O]ne of the members of the Texas Republican congressional delegation proclaimed to his constituency, "We have just won a significant battle against Judge William Wayne Justice in our struggle to regain control over Texas prisons. (11)

Bonnie Kerness, of the American Friends Service Committee (AFSC), is the Coordinator of Prison Watch – a project that monitors human rights issues in US prison. Of special concern to the AFSC is the increasing domestic US use of "inappropriate use of isolation and devices of torture": (12)

The monitoring that the American Friends Service Committee has done leads us to believe that approximately 10 per cent of the US prison population lives in extended enforced isolation. The prisoners tell me that the silence is eerie and that the conditions of confinement are torture. Picture yourself living in a human cage the size of your bathroom for 15 years. You are placed in this cage in a literal human warehouse where you will stay 24 hours a day, day in and day out, year in and year out. In the more progressive units, you may be allowed into a bare concrete yard for exercise twice a week for an hour. Mail and reading material is censored. When you leave your cage, you are strip-searched which often includes a pointedly humiliating anal probe. You are shackled around your waist and handcuffed. You are entirely under the control of guards who carry long, black clubs they refer to as ‘nigger beaters’.

Many of us trace the development of control units to the tumultuous years of the civil rights movement when many activists found themselves in US prisons. Sensory deprivation as a form of behavior modification was used extensively with imprisoned members of the Black Panther Party, Black Liberation Army formations, Puerto Rican Independentistas, members of the American Indian Movement (AIM), and white radicals. In later years we found jailhouse lawyers, Islamic militants and prisoner activists placed in extended isolation. It is no surprise that Ojore, Ruchell and Russell Maroon Shoats are all connected in some way to either the Panther or BLA formations. In 1978, Andrew Young, who was the US Ambassador to the United Nations at the time, noted the existence of US political prisoners. With the exception of the recently released Puerto Rican political prisoners, those folks are still in prisons throughout the country over 20 years later.

…Corrections personnel have told me that the nationwide move to expand the use of isolation is fostered loosely by the guard unions. These unions are contributing heavily to the political campaigns of law and order candidates. Guards feel that these types of units provide a safe working environment. I believe that isolation units also provide them with a place in which to engage in unwitnessed torture.

Add to all of this, the United Nations Treaty positions on the racially biased death penalty, the physical abuse of women in prisons, abuse of the mentally ill, abuse involving prison labor, involuntary human scientific experimentation, violation of children's rights and your picture of United States human rights violations continues. All of these practices go on daily in US prisons, and they all fly in the face of at least a dozen and a half of the International Treaties and Covenants to which the United States is a signatory. (13)

 

7.4 Iron Does Not Give Up

It is in this context that my husband, Iron Thunderhorse, continues his advocacy on equity matters that affect the rights of countless thousands of prisoners in TDCJ state prisons.

He has endured imprisonment for almost 30 years on false charges generated by government officials to silence him as an activist, advocate and Native American leader. He has spent years in the isolation of Administrative Segregation. At one point, in a futile effort to demoralize him, he was even placed on Death Row although he was never sentenced to die. His sacred objects have been desecrated and confiscated many times – even as recently as this past year. His ability to practice his spiritual path has been denied over and over again. He has been subjected to forcible removal of his hair, which is a clear violation of his religious freedoms. He has been repeatedly beaten and received countless disciplinary restrictions for insisting on his human rights and advocating for the rights of others. In the face of all this, he continues his efforts to seek justice through the US federal court system despite the intensely restrictive and punitive conditions imposed by the PLRA.

TDCJ’s apparent plan is to keep my husband at such great medical risk that he will soon die of "natural causes" from deprivation of medical care, or as a result of one of the other tortures that TDCJ is putting him through right now. I believe that TDCJ may well prefer to deal with a "wrongful death" suit from me (on behalf of my then-deceased husband), than to allow him to live and have these important cases continue to progress through the courts.

My husband deserves the support of the international human rights community. But, even more than Iron deserves your support, the human rights for which he advocates must be taken up by international human rights organizations. My husband cares so deeply about the inalienable right to pursue one’s own traditional spiritual path that he does not give up, even in this "cruel and unusual" environment. Should he lose his life in prison, I pray his efforts will not be in vain. That is why I have assembled this document.

8. Remedy Sought

TDCJ operates as if there were no rule of law and as if human rights do not matter at all. I have seen with my own eyes that Texas state prisons are exactly like the kinds of institutions our US government condemns in other nations, where reports say that human rights violations are the norm. TDCJ has almost unlimited money and power. TDCJ also has "connections" that threaten most everybody in the state to stop working for human rights; lawyers who attempt to tackle inmate abuse are forced to leave the state or stop investigating. This condition of injustice goes back a long time. For example, as stated above, unable to find legal counsel to protect himself from the initial unjust charges in the late 1970’s, Iron had to represent himself. For the same reason – because he is a jailhouse lawyer – TDCJ obviously regards Iron as a problem that must be eliminated.

No one has any authority over the TDCJ except the federal courts, and after more than 20 years of trying, they seem unable to improve the situation. Up to now, Iron and I put our trust in the justice system, but their lack of response to: his request for a TRO, his request for transfer due to Life Endangerment, and the habeas corpus writ he filed, all indicate that the courts are not going to protect my husband’s life.

This means that human rights organizations are our port of last resort. I know that human rights activists and organizations NGO’s are heavily burdened, under-resourced, and that a never-ending stream of human rights abuses keep coming to light. However, Iron is one of you. In the worst of all possible circumstances, and at continuing and extraordinary personal risk, my husband is an advocate for civil and political rights. By saving Iron’s life, you give him the chance to try to save the lives of tens of thousands of other vulnerable and abused prisoners.

You can do something about Iron’s situation. Considering the "David and Goliath" nature of the two cases Iron has brought forward within the federal court system, both are progressing as well as can be expected. Viewed optimistically, perhaps our progress signals that the US federal government does not want to be embarrassed internationally any further by the inexorable brutality and abuse that characterize the notorious Texas penal system. Thus, the potential for moral suasion exists – to influence the federal courts and government of the US, even though Texas seems inured to this kind of pressure.

International human rights law is based on indisputable – self-evident – ethical principles that, when absent in public policy or practice, are brought to life through moral suasion. For the international human rights process to be effective, all partners must play their parts. Right now that is not happening. My husband is on his own trying to find a way to stay alive. He will lose that fight without your help.

You can save Iron Thunderhorse’s life by calling for a full investigation into the matters I am setting before you here. In this way, you will help ensure that his human rights are protected enough do that he can again take up his human rights legal work. By so doing, you will be acting on behalf of the tens of thousands of people whose lives will be improved, whose human rights will be more respected, when the two cases Iron has brought into the federal court system are successful. You have the power. I am asking you to put civil rights legal personnel to work on the following matters immediately:
  • Get Iron moved to safe place for his protection, for example a federal prison – as per the transfers done for other Ruiz Inquiry witnesses who are still alive;
  • Ensure that Iron has his glasses, UV shields, and eyepads;
  • Ensure that his medical passes are reinstated for "front handicuff only," use of navigational cane, access to handicapped shower, and to wear the eyepads;
  • Ensure that Iron sees a medical doctor. Some of his medications are running out and he is in excruciating pain.
  • With direction from Iron and myself, contact the federal courts and help ensure that the cases he has brought forward are not extinguished due to the delays caused by these brutal episodes of reprisal for Iron’s human rights activism.

I also ask that you:
  • Canvass the human rights legal community to identify skilled personnel who would be willing to support Iron with the legal cases he has before the courts.

I can be reached by telephone at:
(936) 291 6196
or by mail at:
912 Tenth Street
Huntsville, Texas, USA, 77320.

As my access to email through the public library is extremely limited, I ask that email responses be directed to Ann Pohl, at annpohl@nb.sympatico.ca. Our email also suffers from "inexplicable happenings." To ensure that your communications are received, you can contact Ann by telephone at (506) 785-2998. Ann will bring your correspondence to my immediate attention.

Thank you for your attention to this material.

Wanishi,
Ruth "Little Owl" Duncan Thunderhorse

Wanishi ~ May your path be beautiful!

ENDNOTES

(1) http://web.mit.edu/esg-conscience/www/resr/mmr-young.shtml; Viewed on 30 June 2005 13:45.

(2) "Janklow quote." News from Indian Country, mid-January, 1996. Pg 7A. (Iron has original.)

(3) "The Algonkian Confederacy of the Quinnipiac Tribal Council, Inc." http://www.acqtc.com/history.php Downloaded 03 March 2005 12:51; and http://www.acqtc.com/councils.php http://www.acqtc.com/#begin Downloaded 03 March 2005 10:01.

(4) Conversation between Bonnie Kerness of PrisonWatch, a project of the American Friends Service Committee, and Ann Pohl, M.Ed, on March 23, 2005.

(5) Personal interview with Jack Demspey, conducted by Ann Pohl, M.Ed., on April 21, 2005.

(6) Personal correspondence to Ann Pohl from Iron Thunderhorse

(7) http://www.ccadp.org/michaelgonzales.htm; Downloaded from the Canadian Coalition Against the Death Penalty website, 27 June 2005, 13:27 See also: the Felipe Diaz case ( http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=5th/9540045cv0.html); and, Alex Montana’s story: (http://members.home.nl/aeissing/montanae.html);

(8) "Writings by and about Standing Deer, Native American Political Prisoner and Spiritual Activist: Report from Texas." http://www.geocities.com/standingdeer1/bartexas.htm Downloaded 04 March 2005, 20:13.

(9) "Prison officials should cooperate." Austin American-Statesman. November 28, 1981. Pg. A10.

(10) Mariner, Joanne. (2002). "Behind Bars in America." Volume 29, Number 2. Spring 2002. http://www.abanet.org/irr/hr/ spring02/mariner.html.

(11) Vogel, Richard D. (2004) ."Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons." In Monthly Review, Vol. 56-1. http://www.monthlyreview.org/0504vogel.htm. Downloaded 10 March, 2005. 17:29.

(12) http://www.afsc.org/nymetro/criminalJustice/prisonwatch.htm; see particularly the links offered here: http://www.afsc.org/nymetro/criminalJustice/prisonwatch.htm#CU

(13) Kerness, Bonnie. "OPPRESSION: Social and Economic Realities." November 18, 1999; Rutgers University. http://www.geocities.com/standingdeer1/bonniekerness.htm Downloaded March 4, 2005, 14:27


 

 



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