Posts Tagged With: Brian Schweitzer

Montana’s Prison Lust

Behind Montana Jail Fiasco: How Private Prison Developers Prey On Desperate Towns

Governor Brain Schweizter And Newly Governor Elect Steve Bullock Want More Inmates
Back In 2009 And Now 2013 Budget

This photo was used back in 2009 for an article on TPMMuckraker .  An excerpt from the article I found very interesting: 

With the unraveling of the deal for the shadowy American Private Police Force to take over and populate an empty jail in Hardin, Montana, it’s pretty clear that the small city got played by an ex-con and his (supposed) private security firm.

But an investigation by TPMmuckraker into how Hardin ended up with the 92,000 square foot facility in the first place suggests that, long before “low-level card shark” Michael Hilton ever came to town, Hardin officials had already been taken for a ride by a far more powerful set of players: a well-organized consortium of private companies headquartered around the country, which specializes in pitching speculative and risky prison projects to local governments desperate for jobs.

The projects have generated multi-million dollar profits for the companies involved, but often haven’t created the anticipated payoff for the communities, and have left a string of failed or failing prisons in their wake.

“They look for an impoverished town that’s desperate,” says Frank Smith of the Private Corrections Institute, a Florida-based group that opposes prison privatization. “They come in looking very impressive, saying, ‘We’ll make money rain from the skies.’ In fact, they don’t care whether it works or not.”

That last paragraph says it all.  Montana officials have been double faced about this.   Look at this article on Montana’s Incarceration Rates And The Salaries They Generate.    Here is an excerpt:

In 2006, Montana had the nation’s 17th lowest growth rate in the number of inmates under state jurisdiction and had the 4th highest increase in the number of offenders on parole, according to the Bureau of Justice Statistics. The state also had the 13th greatest increase in the number of offenders on probation.
Also, Montana’s incarceration rate for state and federal offenders continued to be significantly below the national average. The report said the rate in Montana was 374 per 100,000 residents, compared with 501 for the country. That means Montana’s rate was 25.4 percent less than the U.S. average. Only 21 states had a lower rate.
“This report shows the results of the state’s policies designed to put more emphasis on alternatives to prison,” said Mike Ferriter, Department of Corrections director. “Only 16 states have a lower growth in prison populations and that hasn’t happened by accident.  “Our goal is to do all we can to ensure only those who need to be in prison are in prison, as a matter of ensuring public safety,” he said.

Source:http://cor.mt.gov/content/news/NewsReleases/2007/BJSReport.pdf

That is what our state official Mike Ferriter, Director of Department of Corrections has stated.

Montana was 374 per 100,000 residents, compared with 501 for the country now Montana is 454 with a population of only 1 million for the whole state.   Excuse me?  

But according to the national studies this is what is stated.

HELENA – Montana will see the fastest prison population growth rate in the nation over the next five years unless it changes its current sentencing and prisoner release practices, a study released Wednesday predicted.

Nine of the top 10 states with the fastest projected inmate population growth rates are in the West.

The report, published by the Public Safety Performance Project of The Pew Charitable Trusts, predicted that Montana’s prison population to grow by 41 percent from 2006 to 2011.

So, who is telling the truth?  Our state officials or the national studies?  It sure isn’t our state officials telling us the truth.  They told us it was going to go down. Instead it grew immensely.  Montana has the highest incarceration rate of any state surrounding us, except for Idaho which has all privatized prisons for profit and still is only slightly higher than Montana.

On November 15th, Marnee Banks made this statement:

Today Governor Brian Schweitzer releases his budget for the next 2 years. Governor Elect Steve Bullock will likely be using it as a framework for his own budget.

Governor Brian Schweitzer’s Budget 

Get this….he wants to build another prison!  Governor Elect Steve Bullock will likely be using it as a framework for his own budget?

Montana’s women’s correctional system is projected to be at 101.1% of capacity and the men’s correctional system at 98.8% of capacity by the end of the 2013 biennium. In order
to accommodate projected offender populations, the Executive proposes a three-point
solution:

1. Montana State Prison (MSP): In order to accommodate additional inmate
population, enhance safety, and minimize risk to the public and staff, the Executive
proposes to construct a 640 bed facility within MSP. This will add 100 beds to the
current facility without need for additional utilities or FTE. The appropriation for this
facility is contained in the Long Range Building Program (HB5).
2. Montana Women’s Prison (MWP): To combat both infrastructure issues and local
zoning restrictions, the Executive proposes adding funding for an additional 15 beds
in the women’s pre-release system, alleviating overpopulation concerns.
3. Re-Entry Initiative: The Schweitzer Administration has reduced the percentage of
Montanan’s incarcerated in “high-cost, low–yield” correctional facilities (one of the
highest rates in the nation) by emphasizing effect, less-costly community
corrections programs. An investment of $1.1 million in the Re-Entry Initiative is
estimated to save the taxpayers $58 million over the next 8 years by reducing
reliance on secure facilities, enhancing treatment and counseling options for
offenders, and taking additional precautions all while making additional investments
in the pre-release programs across Montana.

Department of Corrections

  • Initiating the Department of Correction’s “Re-Entry Initiative”, saving taxpayers approximately $53 million over 8 years
  •  Constructing a new 640 bed facility at Montana State Prison to house projected population growth
  • (See: Statewide Issues: Incarceration)
  •  Annualizing and increasing appropriation for community corrections, including expanding women’s pre-release beds (15) to accommodate projected population growth
  • Annualizing and increasing appropriation for secure facilities
  • Restoring zero-based overtime for secure facilities
  • Providing a 2% provider rate increase

You know what this is? ….BS…..yep…Baloney Statistics.  They have been trying to tell us that the population was decreasing, instead it increased.  They said it was going to cost less, they give us some dummy figures that don’t add up nor does the plan work out.  They talk about their “Re-Entry Initiative” but they have a 94% recidivism rate.  They said they were going to have less inmates but now they want to build a new facility to house “projected” population growth.   They are no better than that “low-level card shark” with their only concern about making kickbacks off of their deals.   Just how many Montanan’s can you keep locking up with such a small population?

So, Montana are you proud to be known as the state with the highest rate of suicide?  Do you now want to be known as the state with such a high incarceration rate too?  I thought Montanans were proud of their land, their cowboys, their wildlife.  I didn’t know that Montana would stoop to such a level of wanting to just make money off of their lower income citizens.  You wonder why so many are hopeless?  These citizens know that officials will throw them under the bus to make a buck off of them.  Governor Schweizter would have done well owning a slave plantation.  I forgot his ever famous response…”Sorry folks, my hands are tied.”   Pure BS style.  Is this where SB, governor elect Steve Bullock will pick up the same proverbial line?  I sure hope not for the sake of all Montana.  Allow Montana to have some dignity and class.

Categories: Montana Politics | Tags: , , , , , | 1 Comment

Montanan’s Yearning To Breathe Free

This is not about the Unions.   This is about the politicians.  I am tired of hearing things such as, 

Brian Schweitzer won his Governor’s elections without taking PAC money. Jon Tester won his US Senate election by standing up for Montana values, including the values in our Constitution. My campaign for Montana’s lone US House seat is based on the strategies of the successful Schweitzer and Tester campaigns.

I don’t take PAC money. I don’t sign pledges for special interest groups. I stand up for Montana values and our Constitution. This is what Montanans want. This is what works. Schweitzer won, Tester won, and the Montana Constitution was reaffirmed in 2010.         Stated by Rob Stutz

Source: http://mtcowgirl.com/2012/05/31/guest-post-how-democrats-will-win-the-us-house-race-in-november/?utm_source=feedburner&utm_medium=feed&utm_

campaign=Feed%3A+MontanaCowgirlBlog+%28Montana+Cowgirl+Blog%29

The Citizens United case allows corporations to spend money advocating for or against candidates for federal office.

Bullock appeared on the show to talk about the issue, and his fight to maintain a 100 year old Montana law that bans direct corporate contributions to state political candidates.

He said the issue will determine the role citizens can play in the electoral process.

Bullock said, “Montana’s been a state that has had really high levels of individual participation, voting, things like that. Everybody being in Montana or elsewhere I think really feels that could be jeopardized giving this, the citizens united decision if its not revisited and put some side boards on it.”

Bullock filed a brief with the Supreme Court to uphold the Montana law.

Source: http://www.kxlh.com/news/mt-attorney-general-bullock-appears-on-rachel-maddow-show/

Anthony Johnstone, a UM law professor, special assistant to Bullock in the pending Supreme Court case, and panel moderator, read questions from the audience. Some wanted to know why corporate money in particular – and not money in general – can corrupt democracy.

Howell said corporations aren’t sentient beings, and the anonymity of a corporation exacerbates the problem. Bullock noted that 70 percent of publicly traded companies in the U.S. are owned by investors like retirement funds and pensions, and many people don’t know which companies they’re investing in.

Others wanted to know where to draw the line when it comes to the types of corporations that are regulated. Many media outlets are corporations for instance, and their job is speech.

“The lines might be drawn in a way that still protects a wide open dissemination of opinion and facts through the media,” Johnstone said.

In fact, he said it’s a line that’s never caused any trouble until Citizens United.

Some members of the audience wanted to know what they could do to help, and Loendorf said getting involved in public life is essential. He also shared the words of Thomas Jefferson: “The price of liberty is eternal vigilance.”

http://missoulian.com/news/state-and-regional/attorney-general-panel-discusses-montana-s-

history-of-corrupt-campaigns/article_f23d4a92-aad3-11e1-8bb1-0019bb2963f4.html

Yellowtail played down U.S. Justice Department accusations of connections between the union and the Mafia.

“We can allege all kinds of things, but until such time as there are convictions and there is proof, it’s a different matter,” he said. “I’m focused on the fact that unions use a democratic process to request endorsement and contributions. It’s the Montana roots of this support that’s valuable to me.”

Hill’s criticism stems from a 212-page draft racketeering complaint that the Justice Department used to force the Laborers’ general executive board to begin reforming the union in February 1995.

The complaint alleged Arthur Coia, who became union president in 1993, and three previous presidents dating back to 1926, “have associated with, and been controlled and influenced by, organized crime figures.”

It listed former Laborers’ officials and associates who have been convicted of Mafia-related crimes, including killings and kickback schemes. (Okay, now that is a  little scary.  But the Teamsters stopped privatized prisons in Florida.  It’s been hard to tell where they stand at here in our state of Montana.)

  • Now tell me what is the difference of these politicians receiving money from large unions or PAC money?  What about the fact yet again that Governor Schweitzer received funds from CCA the largest prison corporation in America?  What about all the kickbacks that are received from prisons for profit?  How can the Governor be proud of his fiscal stance with blood money? 
  • What about the issues of locking up men and women and leaving them so they can make money? Some that are innocent. Making more and more money from you the taxpayer.  
  • Attorney General Steve Bullock has allowed this corrupt judicial system happen on his watch.  He too has received out of state campaign funds.  Don’t allow Bullock to hoodwink you about these funds.  If that is the case there should be a ban on union funding and the biased media that seems to be controlled by this department. 
  • I am tired of hearing these double standards.  Montana do your homework.  Don’t just listen to slick campaign ads from anyone, Democrats or Republicans. They should just say what it is. All politicians get money from somewhere. All of the mudslinging gets tiring.   Research where the money has gone, research every area of our state Montana and see what has been accomplished and what has been swept under the rug.  Think for yourself.  Then vote for the candidates who has YOUR real interest at heart.   There are good candidates, not all are corrupt but don’t be lazy letting some of these candidates think for you.  I am tired of some of the media just trashing all candidates except their sweetheart politicians that have been getting away with too much.  Who funds the media in Montana and where do they stand politically?  Is it for their best interest or for yours? 

This is what has happened with Governor Brian Schweitzer and Attorney General Steve Bullock. Montana are you really proud of this?

Montana’s Poor – Montana’s Tired – Montana’s Huddled Masses – Montana’s Wretched Refuse – Montana Cowboys Sissified Sex Offenders – All For Profit. This is what they have made Montana look like.  A Sorry Lot. 

Categories: Montana Politics, MT Speaks Up | Tags: , , , , , , , , | 1 Comment

ACLU Challenges Corrections Corporation of America CEO to Public Debate About Prison Privatization

ACLU Challenges Corrections Corporation of America CEO to Public Debate About Prison Privatization

CCA stock 10 year chart

CCA stock 10 year chart (Photo credit: faul)

May 10, 2012

As Company Gathers Today for Annual Shareholders Meeting, Public Deserves Full and Fair Examination of For-Profit Incarceration

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The American Civil Liberties Union today challenged the chief executive officer of the nation’s largest private prison company to a public debate on the merits of prison privatization.

The challenge, timed with Correction Corporation of America’s annual shareholders meeting today in Nashville, Tenn., comes after CCA has repeatedly criticized the views of the ACLU regarding for-profit incarceration.

“We would welcome the opportunity to defend our views on for-profit incarceration in a public debate – one that also gives you a full and fair opportunity to express your views,” reads the ACLU’s letter, delivered today to CCA’s CEO Damon Hininger. “CCA’s recent public criticisms of the ACLU and others make clear that you disagree with many of our views on privatized incarceration. Your criticism, however, has taken the form of written statements which, unlike a public debate, do not allow for refutation or further discussion.”

Exempted from the Freedom of Information Act, CCA and other private prison companies are shielded from public scrutiny by a veil of secrecy, despite locking up nearly 130,000 prisoners and an additional 15,000 immigration detainees each year while receiving billions of taxpayer dollars.

CCA in recent years has voted down shareholder resolutions demanding accountability in political contributions, and the company’s management this year is seeking to kill a shareholder proposal for greater transparency in efforts to curb prison rape.

In March, CCA sent a letter to officials in 48 states announcing what it called a “corrections investment initiative,” in which CCA offered to purchase prisons from states so long as they contain at least 1,000 beds and the states agree to pay CCA to operate the prisons for at least 20 years and keep the prisons at least 90 percent full.

A report released by the ACLU last year revealed how private prison companies have capitalized on the nation’s addiction to incarceration to achieve gigantic profits. All the while, according to the report, mass incarceration wreaks havoc on communities by unnecessarily depriving individuals of their liberty, draining government resources and bringing little or no benefit to public safety.

The report also found that despite serious questions about the wisdom of privatizing prison systems, some members of the for-profit prison industry use shrewd tactics, including extensive lobbying, lavish campaign contributions and efforts to control information, to garner more and more government contracts and lock up ever-increasing numbers of people.

“We believe that the taxpayers who finance private prisons; the families whose mothers, fathers, sons, and daughters are incarcerated in these facilities; and the communities where for-profit prisons are situated deserve more than sound bites,” the ACLU’s letter to Hininger reads. “They deserve a full, fair, and public examination of for profit incarceration.”

A copy of the ACLU’s letter is available online at:
www.aclu.org/prisoners-rights/aclu-letter-corrections-corporation-americ…

The ACLU’s report on prison privatization is available online at:
www.aclu.org/prisoners-rights/banking-bondage-private-prisons-and-mass-i…

Private Prison Showdown: Will CCA Go Head-to-Head with the ACLU?

https://www.aclu.org/prisoners-rights/aclu-challenges-corrections-corporation-america-ceo-public-debate-about-prison

Categories: Common Sense | Tags: , , , , , , , | 2 Comments

CCA Is Prohibited From Making Donations To Political Campaigns

Dennis DeConcini

Dennis DeConcini – CCA Boardmember

Morals Before Profit

Activists demand that former U.S. Sen. Dennis DeConcini resign from a private-prison company’s board

“DeConcini said he made it clear that CCA is prohibited from making donations to political campaigns—although a campaign-finance report shows dozens of contributions from lobbyists who work for CCA and other private-prison companies to former State Sen. Russell Pearce, the main architect of SB 1070.

“The reality of it is that (CCA lobbyists) very well may give money, and I’m sure they do. I used to be a lobbyist. But CCA has a clause that prohibits the company from giving donations to politicians,” DeConcini said.

As an example, he mentioned CCA lobbyist Jaime Molera. “He did give money to candidates, but not at our direction.”

“Hernandez said that during the meeting with DeConcini, she told him about abuses she witnessed and experienced, including a lack of food, which forced prisoners to buy from the prison commissary; issues with medical care; and problems with guards and staff. According to Hernandez, DeConcini wanted more documentation. “He said he couldn’t speak for the workers because he doesn’t have contact with the workers,” Hernandez said.

Raúl Alcaraz Ochoa, also with Corazón de Tucson, said that although the ultimate goal is to get DeConcini to resign from CCA, they also want to educate the community on private prisons and how they have been used to detain immigrants. The group also is involved in a national campaign to pressure Wells Fargo Bank to divest from GEO Group, another private-prison company with facilities in Arizona.” And Florida.

To Read The Whole Article: http://www.tucsonweekly.com/tucson/morals-before-profit/Content?oid=3268846

Now why is it that there are many Montana officials that have accepted and are still accepting money for campaigns from CCA ?  I could make a list of names, including Governor Brian Schweitzer, and how about Attorney General Steve Bullock?  There are those that are running for political offices right now that are accepting money from this prison corporation that the corporation itself states that it is prohibited. But Steve Bullock wants to herald himself as the one that is fighting against big corporations funding campaign money. CCA is the largest corporation to be able to buy out 48 states of prisons! I don’t care if it is the corporation or the lobbyists themselves. Wrong is wrong. This is a major double standard.  Montana, how do you trust a prison corporation or the officials of the state that are accepting money and receiving campaign funds when it is clearly prohibited?   The ones that are suppose to protect you….that doesn’t sound like protection.  CCA wants to buy out 48 states of prisons with a 20 year contract for 90% occupancy.  This is not to help states, it actually costs more to the taxpayers to allow CCA to buy out the prisons.  It’s a big profit to Wall Street on the backs of Main Street yet again.  Not only our wallets, but literally on the slave labor of thousands of inmates.  We have over 7 million in the Department of Corrections System.  This is ludicrous!  America, we need to stand up to this!  Make sure you know where your candidates stand on this issue.  Let’s not allow them to play us for stupid any longer!! 

Categories: Montana Politics | Tags: , , , , , , , | 2 Comments

MONTANA MONEY

Money

Money In Montana

The Department of Corrections makes millions off the families of those incarcerated.  Yet, they come up with new ways to make more.  Inmates at Montana State Prison can no longer receive bibles that are donated to the chapel or from an outside publisher/bookstore.  They now are mandated to have family put money in their account and pay over $60 for a bible.  That is an outrageous price.  Why can’t they have free ones that are donated to the chapel?  Because it does not bring in revenue?    They implement new programs of what they will or will not allow.  There is talk about changing the little 7 inch tv’s that are bought for $150 dollars.  They will sell 13 inch tv’s for $200 dollars.  When that happens they usually make the inmate send the other one home and they have to buy the new one.  Even if they just bought the 7 inch one a week before the change.  If it is not sent home they are confiscated and either sold at the hobby shop or guards take them home.

Also, there is phone system that is used called Telemate. It is suppose to save money.  It is still about $5-$6 dollars a call for 30 minutes or less. Not only that, there seems to be higher charges at other times.  It adds up very quickly and does not make sense.  So, I called Telemate to verify this.  This is what the representative had to say.  They go by area codes.  It can change the rates.  I asked if I could get a copy of the billing (just like any other telephone company) they told me that they could not do that.  Only an inmate could request that.  I said “okay, how about the inmate requests it….such as a husband inmate for his wife to evaluate. since families are the ones that has to put the money on the account.”  “The reply was…..”Ummmm, no, that cannot be done.  You would need to get a subpeona for that information.”   Are you serious?  Money that the family is being charged, and they can’t let you see the billing without a subpeona?   Is this what we are going to have to do in the future for all of our bill’s to see what we are actually being charged? 

As you can see from the other article that I re-blogged Families are already spending $1.5 million for inmates in Montana alone. They keep looking for ways to squeeze blood out of a turnip.

 A young lady at the Law and Justice Committee testified that her husband was sentenced to prison for stealing a case of beer.  That cost under $17 dollars.  He has been in the system now 6 years.   She then reported the thousands upon thousands of dollars this has cost the taxpayers of Montana for welfare for her and her children and the thousands it has cost to house her husband.  Thousands compared to under $17.  

What do you think Montana?  Are you happy about your taxpayer money that is going for this kind of stuff when it could help feed your children, pay your household bills, do a few of things that you cannot afford to do?  Let’s start using some common sense.  This money is lining someone else’s pocket, but it’s not for the families in Montana.  Montanans deserve better than this. 

Categories: Common Sense | Tags: , , , , , , , , | 6 Comments

Civil Rights Cases filed in the Montana District Court

Parties Court Judge Type of Lawsuit Cause of Action
January 9, 2012
Cornell v. Missoula County et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Teuray Jeri Cornell. Defendant: Missoula County, Missoula County Commissioner, State of Montana, Attorney General of the State of Montana and Missoula County Sheriff and other.
January 20, 2012
DaSilva v. County of Cascade et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Robert A DaSilva, Jr. Defendant: County of Cascade, City of Great Fall and Great Falls Police Department.
Lanham v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Thomas Creel Lanham. Defendant: Mike Ferriter, Michele L. Steyh, Billie Reich, Benjamin Bouley, Sherry Glovan and other.
January 25, 2012
Shaw v. Fode MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Thomas G. Shaw. Defendant: Alvin Fode.
February 9, 2012
Taylor v. Kirkegard et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Kevin Mark Taylor. Defendant: Leroy Kirkegard, Ross Swanson and Major Wood.
February 10, 2012
Herman v. Ferriter et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Lyle Herman. Defendant: Mike Ferriter, Leroy Kirkegard, Ross Swanson, Myron E. Beeson, Candice Neubeur and other.
February 9, 2012
Taylor v. Kirkegard et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Kevin Mark Taylor. Defendant: Leroy Kirkegard, Ross Swanson and Major Wood.
February 15, 2012
Damon v. McDermott et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Shawn T. Damon. Defendant: Bruce McDermott, John Parker, Steve Bullock, Brant Light, Scott Foster and other.
February 21, 2012
Horob v. United States et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Todd Kenneth Horob. Defendant: United State and Ryan Archer.
February 23, 2012
Henry v. Ferriter et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: William John Henry. Defendant: Mike Ferriter, Leroy Kirkegard, Todd Boise, Rebecca McNeil, Elizabeth Rantz and other.
February 27, 2012
Wilcock v. Wilcock et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Ernest Brent Wilcock. Defendant: Brandi Wilcock, Holly Blouch, Randy Jone, Eleventh Judicial District Court, Montana Supreme Court and other.
March 5, 2012
Hussar v. Frink et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Wayne A. Hussar. Defendant: Martin Frink, Dassinger, Kloo and C/O Sturcio.
March 6, 2012
Plebst v. Frink et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Robert Glen Plebst. Defendant: Martin Frink, Todd Gianarilli, Christopher Rost, Liz Rantz and Ms. Shnee and other.
March 26, 2012
Maier v. Ferriter et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Lloyd Scott Maier. Defendant: Mike Ferriter, Leroy Kirkegard, Tom Wilson, Linda Je, Tristan Kohut and other.
March 28, 2012
Horob v. Federal Bureau of Prisons et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Todd Kenneth Horob. Defendant: Federal Bureau of Prison and United States Department of Justice.
April 5, 2012
Hawkins v. Montana Governor’s Office et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Sherman P. Hawkin. Defendant: Montana Governor’s Office, Brian Schweitzer, Montana Board of Pardon, Mike McKee, Mike Ferriter and other.
April 6, 2012
Myers v. Grubb et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Glenn Myer. Defendant: Steve Grubb, Wayne Bye, Harlen Trombly, Cascade County, Mike Ferriter and other.
April 9, 2012
Bonck v. Yellowstone County Sheriff et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Lucien S. Bonck. Defendant: Yellowstone County Sheriff, Yellowstone County Detention Center, Nurse K, Sheriff Bell, Officer Leanord and other.
April 11, 2012
Detham v. Crossroads Correctional Facility MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Travis Detham. Defendant: Crossroads Correctional Facility.
April 5, 2012
Hawkins v. Montana Governor’s Office et al MTD Christensen Civil Rights Prisoner Civil Rights
Plaintiff: Sherman P. Hawkin. Defendant: Montana Governor’s Office, Brian Schweitzer, Montana Board of Pardon, Mike McKee, Mike Ferriter and other.

Parties Court Judge Type of Lawsuit Cause of Action
October 7, 2011
Ochlech v. Schnee et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Charles William Ochlech. Defendant: Theresa Schnee, Todd Gianarelli and John and Jane Doe.
October 14, 2011
Little v. Beeson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Al-Kaseem Little. Defendant: Myron E. Beeson and Mark Lochrie.
October 17, 2011
von Koenigsberg-Tyrvaldssen v. Dutton et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Ymir-Jule von Koenigsberg-Tyrvaldssen. Defendant: Leo Dutton, Summer Korth, Stephanie Catron, Ken Letz, Laurel Bulsor and other.
October 14, 2011
Meyer v. Boylan et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Timothy John Meyer. Defendant: Suzy Boylan, Dawn Kellmer, Joshua Van de Watering and M.C.D.F. Staff.
October 18, 2011
Pearson v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Jesse Alan James Pearson. Defendant: Mike Ferriter, Mike Mahoney, Montana State Prison and Montana Department of Correction.
November 2, 2011
Evans v. Swanson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Anthony Evan. Defendant: Ross Swanson, Montana State Prison, Tom Wood, Denise Deyott and Matthew J. Saville and other.
November 4, 2011
Wells v. Cashill et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Gloria Well. Defendant: Jim Cashill, Gallatin County Sheriff’s Department, State of Montana, Gallatin County, Jim Veltkamp and other.
November 16, 2011
Burns v. Dr. Kohut et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Brandon J. Burn. Defendant: Dr. Kohut, Mike Ferriter and MSP Medical Dir.
November 17, 2011
Weller v. State of Montana et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Shawn Howard Weller. Defendant: State of Montana and Mike Mahoney.
November 22, 2011
Avery v. Extradition Transport of America MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Russell Scott Avery. Defendant: Extradition Transport of America.
December 5, 2011
Sartain v. Swanson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Danny Sartain. Defendant: Ross Swanson, Colleen Ambrose, Steve Redfern, Tom Wood and Denise DeYott and other.
December 7, 2011
Borgen v. State of Montana et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: John Alfred Borgen. Defendant: State of Montana, Jeffrey Sherlock, Anna Sorrell and Virginia Hill.
December 12, 2011
Eastman v. Swanson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Franklin Corbin Eastman. Defendant: Ross Swanson, Mike Mahoney, Myron E. Beeson, Ben Bouley, Carla Strutzel and other.
Peltier v. Scott et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Joshua Jeremy Peltier. Defendant: Steven Scott, Office of State Public Defender and State of Montana.
December 14, 2011
Coburn v. Pasha et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Coleton Coburn. Defendant: Pasha and Marthaler.
December 15, 2011
Wylie v. County of Silver Bow/City of Butte et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Heather Erin Wylie. Defendant: County of Silver Bow/City of Butte, Daniel R. Sweeney, Bradley G. Newman, State of Montana, Catherine Truman and other.
December 20, 2011
Callaway v. Frink et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Richard Callaway. Defendant: Martin Frink, Chaplain Meckling, Jane or John Doe and CCC Shelby.
December 30, 2011
Stiles v. Deyott et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: J. Michael Stile. Defendant: Denise Deyott, Ross Swanson, Kristy Cobban, Tom Wood and Mike Ferriter and other.
January 5, 2012
Peterich v. State of Montana et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Robert Peterich. Defendant: State of Montana and Department of Correction.
January 6, 2012
Ochlech v. Frink et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Charles William Ochlech. Defendant: Martin Frink, Crossroads Correctional Center, Chaplin Meckling and John and Jane Doe.

Parties Court Judge Type of Lawsuit Cause of Action
August 22, 2011
Howe v. Wyckman et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Steven Miles Howe. Defendant: Scott Wyckman, Sergeant Echardt and Gallatin County Detention Center.
August 17, 2011
Birthmark MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Michael T. Birthmark. Defendant: Defendants unknown at this time.
August 31, 2011
Fish v. Acton et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Susan Fish. Defendant: Acton, Robert Paul, Sue Orand, Annamae Derrick, Mark Hartman and other.
September 2, 2011
Sullivant v. Spectrum Medical Services et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Kevin Raymond Sullivant. Defendant: Spectrum Medical Service, Nurse Practitioner Judy, Ravalli County and Lt. Scott Leete.
Elkins v. City of Glendive et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Jesse James Elkin. Defendant: City of Glendive, Dawson County, Glendive Jail, John Hodge and Jerry D. Cook and other.
September 7, 2011
Box v. Simonton MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Stanley E. Box. Defendant: Richard A. Simonton.
Urziceanu v. State of Nevada et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Michael C. Urziceanu. Defendant: State of Nevada, Mineral County District Attorney, Mineral County Commisoner’s Office, Mineral County Sheriff’s Office, Mineral County Public Defender’s Office and other.
September 2, 2011
Perez v. Green et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Adrian Francis Perez. Defendant: T. Green, Mike Ferriter, Patrick Smith, D. Henrich, L. Lovato and other.
September 9, 2011
Boese v. Miller et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Douglas R. Boese. Defendant: Bruce Miller and Marty Mavrinac.
September 6, 2011
Geren v. Oneill et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Joseph W. Geren. Defendant: Jay Oneill, Brent Linne Weber and Park County Detention Center.
September 19, 2011
Standing Rock v. Larson et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Cameron Standing Rock. Defendant: Darcy Larson, Martin Frink and Robert Johnson.
In Re Hall MTD E Haddon Civil Rights Prisoner Civil Rights
Petitioner: Stephen Hall.
September 26, 2011
Scharen v. Frink et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Edward Eugene Scharen. Defendant: Martin Frink and Mike Ferriter.
September 27, 2011
Shoulderblade v. Babcock MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Benedict Daniel Shoulderblade. Defendant: Steve Babcock.
Bull Plume v. Deyott MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Shannon David Bull Plume. Defendant: Denise Deyott.
September 28, 2011
Cooksey v. Weitzel et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Bobby Joe Cooksey. Defendant: Woodrow Weitzel, Shawn Lesnik, Aaron Edward and Preston Baker.
Cooksey v. Weitzel et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Bobby Joe Cooksey. Defendant: Woodrow Weitzel, Shawn Lesnik, Aaron Edward and Preston Baker.
September 27, 2011
Bull Plume v. Deyott MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Shannon David Bull Plume. Defendant: Denise Deyott.
September 30, 2011
Barger v. State of Montana et al MTD Molloy Civil Rights Petition for Writ of Habeas Corpus (State)
Petitioner: Dusty Barger. Respondent: State of Montana and Attorney General of the State of Montana.
October 3, 2011
Lanham v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Thomas Creel Lanham. Defendant: Mike Ferriter, Billie Reich, Benjamin Bouley, Larry Tendel, Richard Collin and other.
Parties Court Judge Type of Lawsuit Cause of Action
April 19, 2011
Raskiewicz v. United States MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Jeremy Raskiewicz. Defendant: United State.
Raskiewicz v. United States MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Jeremy Raskiewicz. Defendant: United State.
April 25, 2011
Larson v. Custer County District Court et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: James L. Larson. Defendant: Custer County District Court, Lewis and Clark County District Court and Yellowstone County District Court.
May 3, 2011
Alexander v. Great Falls Transitional Services et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Levi Alexander. Defendant: Missoula Pre Release.
May 16, 2011
Heath v. Crossroads Corrections Center et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Joshua Heath. Defendant: Crossroads Corrections Center and Corrections Corporation of America.
May 18, 2011
Wiley v. United States Marshals Service et al MTD Cebull Civil Rights Fed. Question
Plaintiff: Ronald Wesley Wiley. Defendant: United States Marshals Service, Dwight McKay, Yellowstone County Detention Facility, Yellowstone County Sheriff’s Department, Jay Bell and other.
May 17, 2011
Horob v. Cebull et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Todd Kenneth Horob. Defendant: Richard F Cebull and JoAnn Bacheller.
May 20, 2011
Belanus v. Chandler et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Duane Ronald Belanu. Defendant: Tracy Chandler, Raymond Potter, Leo Gallagher, Melissa Broch, Cathy Murphy and other.
May 25, 2011
Judd v. Secretary of State of Montana et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Keith Russell Judd. Defendant: Secretary of State of Montana and State of Montana.
June 9, 2011
Schilling v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Conrad Schilling. Defendant: Mike Ferriter, D.R. Piranian, Chelsea Johner and Shelly Moderie.
June 10, 2011
Sullivan v. Anderson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Curtis J. Sullivan. Defendant: Candace Anderson, Blair Hopkin, Mike Mahoney, First District Court, Helena, M.S.P. and other.
June 13, 2011
Horob v. Molloy et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Todd Kenneth Horob. Defendant: Donald W. Molloy, Richard F Cebull, Carolyn Ostby, Mark Werner, David A. Merchant, II and other.
June 22, 2011
Sees the Ground v. Emerson et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Gordon Sees the Ground, Jr. Defendant: C.C. Emerson, John Weaver, Orlando Rodriguez, Corrections Corporation of America and Lt. Worshing and other.
July 8, 2011
Deardorff v. Mahoney et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Chad L. Deardorff. Defendant: Mike Mahoney, Dr. Cohut, Dr. Peranian and Dr. Jane Doe.
July 7, 2011
Sullivan v. Kohut et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Curtis J. Sullivan. Defendant: Tristian Kohut, State of Montana, Elizabeth Rantz, D.O.C. and M.S.P. and other.
July 19, 2011
Redfern v. Montana Department of Corrections MTD E Haddon Civil Rights Civil Rights Act
Plaintiff: Martin Morris Redfern. Defendant: Montana Department of Correction.
Ball v. Beckworth et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: James E. Ball. Defendant: Carl Beckworth, Rich Collin and Kurt Marthaller.
July 20, 2011
Hopkins v. Ferriter et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Jesse Lee Hopkin. Defendant: Mike Ferriter, Mike Mahoney, Scott Piranian and Kathy Redfern.
Hopkins v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Jesse Lee Hopkin. Defendant: Mike Ferriter, Mike Mahoney, Scott Piranian and Kathy Redfern.
July 29, 2011
Horob v. Clerk of Court et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Todd Kenneth Horob. Defendant: Clerk of Court and United States District Court-Billings Division.
Parties Court Judge Type of Lawsuit Cause of Action
December 13, 2010
Petersen v. State of Montana et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Dale Petersen. Defendant: State of Montana, Attorney General of the State of Montana, Lewis and Clark County Detention Center, Lewis and Clark County and City of Helena and other.
LongJaw v. Deschamps et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Timothy J. LongJaw. Defendant: Robert L. Deschamps, III, State of Montana and County of Missoula.
December 28, 2010
Diaz-Wassmer v. Ferriter et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: William Diaz-Wassmer. Defendant: Mike Ferriter, Mike Mahoney and Denise Deyott.
January 20, 2011
Oie v. Henson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Thomas E. Oie. Defendant: John S. Henson, Suzy Boylan-Moore, Jennifer Clark, Brian Smith, City of Missoula and other.
January 24, 2011
Riches v. Newton et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Jonathan Lee Riche. Defendant: Cam Newton and Cecil Newton.
January 25, 2011
Hartsoe v. Heisel et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: John Hartsoe. Defendant: Donna Heisel, Mike Gehl, Lucky Larson, Debra Christopher, Wall and other.
January 28, 2011
Tischler v. Montana Department of Corrections et al MTD Cebull Civil Rights Civil Rights Act
Plaintiff: Shelley Anne Tischler. Defendant: Montana Department of Correction, Montana Women’s Prison, Jo Acton, Bob Paul, Sue Orand and other.
January 31, 2011
Baez v. Varnes et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Domingo Baez. Defendant: Kelly J. Varne and Mark D. Meyer.
February 2, 2011
Gassman v. Gallatin County Sheriff’s Department MTD E Haddon Civil Rights Freedom of Information Act
Plaintiff: James Leo Gassman. Defendant: Gallatin County Sheriff’s Department.
February 4, 2011
LongJaw v. Young MTD Molloy Civil Rights Civil Rights Act
Plaintiff: Timothy J. LongJaw. Defendant: Brian Young.
February 14, 2011
Brodzki v. Montana State Patrol et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Anthony Brodzki. Defendant: Montana State Patrol, Texas State Patrol, Illinois Patrol, Minnesota State Patrol, Iowa State Patrol and other.
February 18, 2011
McGuire v. Mercer et al MTD Cebull Civil Rights Federal Question: Bivens Act
Plaintiff: John Patrick McGuire. Defendant: William Mercer, James Seykora and Federal Bureau of Investigation.
March 2, 2011
Hussar v. Touchette MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Wayne A. Hussar. Defendant: Mike Touchette, Mike Ferriter and Mike Mahoney.
March 10, 2011
Silversky et al v. Ferriter et al MTD E Haddon Civil Rights Civil Rights Act
Plaintiff: Jonathon Silversky and Ernest Brent Wilcock. Defendant: Mike Ferriter, Robert Volrath, Sam Law, Mr. Ivin, Mr. Busby and other.
April 1, 2011
Knifong v. Girard et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Jeffrey F. Knifong. Defendant: Butch Girard, Jay Hansen and Beaverhead County Sheriff.
April 6, 2011
Maier v. Mahoney et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Lloyd Scott Maier. Defendant: Mike Mahoney, Cascade County, Graig Thoma, Brent Light and Mark Mosser and other.
April 8, 2011
Postlewaite v. Crossroads Corrections Center et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Andrew M Postlewaite. Defendant: Crossroads Corrections Center and Montana Department of Correction.
April 11, 2011
Barbour v. Clinton MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Kenneth Edward Barbour. Defendant: William Jefferson Clinton.
April 14, 2011
Bonck III v. McKittrick MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Lucien S. Bonck. Defendant: AnnMarie McKittrick.
April 15, 2011
Melton v. Lohse et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Richard Edward Melton. Defendant: Angela Lohse, Spectrum Medical Inc, Greg Scott, Cascade County Detention Center, Bob Edward and other.
Parties Court Judge Type of Lawsuit Cause of Action
August 16, 2010
Jones v. Morales MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Elvis Wayne Jone. Defendant: Dan Morale.
August 19, 2010
Parke v. City of Butte et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Charles Bernard Parke. Defendant: City of Butte, Silver Bow Polilce Dept., Sheriff John Walsh, Sgt. Jeffrey James William, Det. Kevin James Maloughney and other.
August 20, 2010
Redmond v. Rantz et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Thomas Edward Redmond, Sr. Defendant: Dr. Rantz, Dr. Kohut, Dr. Evan, Dr. Channer and Ed Foley and other.
August 23, 2010
Dubray v. Chester et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Donald F. Dubray. Defendant: Ted Chester and Craig Gilum.
Long Neck v. Spotted Eagle et al MTD E Haddon Civil Rights Prisoner Civil Rights
Plaintiff: Emil Joseph Long Neck. Defendant: David Spotted Eagle, United States of America and Persons Unknown.
September 7, 2010
Smith Jr. v. Ferriter et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: John Smith Jr. Defendant: Mike Ferriter, Steve Ray and Lori Lovato.
September 13, 2010
McCarthy v. Ette et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Roman Sonny McCarthy. Defendant: Steve Ette, Michael Salvagni, Mark Guenther, Todd Whipple, Gary Balaz and other.
September 20, 2010
Pearson v. Flathead County Detention Center et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Oliver Emanuel Pearson. Defendant: Flathead County Detention Center and Larry Pasha.
September 30, 2010
Shoulderblade v. Babcock MTD Cebull Civil Rights Federal Question: Bivens Act
Plaintiff: Benedict Daniel Shoulderblade. Defendant: Steve Babcock.
October 5, 2010
Adams v. Mahoney et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Larry Dewayne Adam. Defendant: Mike Mahoney, Dan O’Fallon, Mike McGrath, Steve Bullock, Pamela Collin and other.
October 15, 2010
Larson v. Congress et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: James L. Larson. Defendant: Congre and United States District Court.
October 22, 2010
Rose v. Swanson et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Robert L. Rose. Defendant: Ross Swanson, Myron E. Beeson, Mike Ferriter, Ed Short, Tom Wood and other.
November 4, 2010
Helgeson v. United States of America et al MTD E Haddon Civil Rights Indian Tribal Controversy
Plaintiff: Kenneth Helgeson. Defendant: United States of America, Secretary of the Interior, Bureau of Land Management, Bureau of Indain Affair and Does 1-10 and other.
November 8, 2010
Evans v. Mahoney et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Anthony Evan. Defendant: Mike Mahoney, Steve Redfern, Desiree Dramstad, Jolene Footitt, Leonard J. Mihelich and other.
November 15, 2010
Morrison v. Spang MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: James Morrison. Defendant: Leroy Spang.
November 22, 2010
Boese v. Cotter et al MTD Molloy Civil Rights Declaratory Judgement
Plaintiff: Douglas R. Boese. Defendant: Patricia Cotter, William Leaphart, Michael Wheat and Jim Rice.
December 1, 2010
Sullivan v. Rantz et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Curtis J. Sullivan. Defendant: Elizabeth Rantz and State of Montana.
December 6, 2010
Tirey v. Marthaller et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Roland Tirey. Defendant: Ken Marthaller, William Johnson, Michele L. Steyh, Ken Cozby, Myron E. Beeson and other.
December 8, 2010
McGovern v. Smith et al MTD Cebull Civil Rights Prisoner Civil Rights
Plaintiff: Thomas J. McGovern. Defendant: Patrick Smith, Steve Ray, Tom Green, Noddlin, Carry Zackmann and other.
December 6, 2010
Tirey v. Marthaller et al MTD Molloy Civil Rights Prisoner Civil Rights
Plaintiff: Roland Tirey. Defendant: Ken Marthaller, William Johnson, Michele L. Steyh, Ken Cozby, Myron E. Beeson and other.
This is only 5 pages.  There are 63o Civil Rights Cases Filed.  Do you see where these are coming from?  Montana, this is your fellow Montanans that are crying out to be heard!  How can we sit by and do nothing as these families are being destroyed?  Do we really care so little about the truth anymore?  Is it easier to keep our heads stuck in the sand so then we can pretend that we do not have to do anything?  It is only going to get worse.  By the time we get our heads out of the sand and wake up laws will be in place to easily incarcerate someone for just a disagreement.  Trust me!  It is happening already.  Do you have to wait for this to happen in your home before you will make a stand?  Those that are in control are in control of keeping this quiet. There is not due process in this state!  America is already the land of the incarcerated.  Has America lost it’s conscience all together? Do we no longer have any pride on how we make money?   Republicans, Democrats we are all at fault.  None of us stand innocent on this issue.  Shame! Shame to each and every one of us. 
Categories: MDOC/Abuse, The Real MT | Tags: , , , , , , , , | 2 Comments

Above The Law Officials Have Become Montana Gods

Glasgow Montana SuperCell Thunderstorm

Testimony to be given before The Law and Justice Committee – 4-2012

Muriel Michele “Micki” Clugston

Chairman Shockley, Senate and House members of the Law and Justice Committee I  appreciate your time and the opportunity to speak to you today.

Have any of you had someone you loved  incarcerated?  It is said one must experience what one wants to understand… I will speak from that perspective today….

Our oldest son was incarcerated on Dec 16th 2009 a year later on Dec 30th 2010 he went before the Parole Board…Our son is incarcerated for a DUI, second offense/criminal endangerment, there were no passengers, no accident and no wreck.

I will share what our family has witnessed and experienced interacting with the Flathead County Courts, MSP system and the Parole Board.

There had been many letters written to the Parole Board in support of Chuck and he had completed all of the recommended treatment in his first 6 months at MSP. He also had all positive classifications since being at MSP. The parole board did not mention any of these positives during our son’s hearing. Mike McKee only mentioned the Flathead County Attorney, Ed Corrigan’s letter he had received that morning.

Before our son’s appearance, we witnessed an inmate, Michael being paroled and were alarmed by the verbal abuse which Mike McKee was releasing on him. He was being paroled, yet the gestures, tone of voice and use of words showed only distain and disgust with an extremely biased and negative attitude towards him.  There was no mention or consideration for the apparent work Michael accomplished while at MSP to earn being paroled that day…

Chuck was asked what he had learned. Chuck started to say he understood he could never drink …Mike abruptly cut his words off … waved Ed Corrigan’s letter at him… in escalation he verbally went off on a tangent… Your problem is not drinking… I have a letter from the Flathead County Prosecutor Office… you are an untreated sex offender… you have to take all available classes at MSP before you are considered for parole.

Margret Bowman appeared uninterested and was busy on her computer, John Ward sat and occasionally had a nod of agreement with few words until at the end… He stated, I never want to have someone like you as a neighbor… Mike McKee continued engaged in derogatory and degrading verbal releasing towards Chuck… There was no opportunity for Chuck to respond or make any comments.

At the end Mike stated, Do not ask to come before the parole board unless you have completed SOP II.. Chuck is not convicted of or incarcerated for any sexual crime…  

Questions: Why does the Parole Board have the power to keep our son in prison until he takes the SOPII class?

Does the Parole board have the right to legally expand/add to the sentencing requirements of the court?

Why can we not appeal that decision?

Why does our son not have the right to have a Parole Hearing each year?

How does the parole board have the power, the control to treat the inmates in such a manner as to take away any dignity they might have?

When Chuck’s attorney asked for the minutes of the Parole Board meeting, it did not surprise us that he was told they do not keep minutes. If you kept minutes you would have to be accountable for what you said and how you treat the inmates…

The Parole Board states to the inmate it is a privilege to be paroled… Isn’t it a privilege to serve on the parole board? The parole board members are given a position of empowerment over an individual’s life. Therefore, the members have a responsibility to be professional and unbiased with a high level of integrity. These traits were not observed nor present in the parole board’s interaction with inmates on Dec 30, 2010…

Many of you were sent “Out of the Shame and into the Light” that our son wrote in prison. It was sent to Governor Brian Schweitzer, he responded with a letter. As I read the letter from the Governor and contemplated on his written words…and I quote:

“As a member of the executive branch of government, I am precluded from interfering with personal legal issues before the judicial branch. Further, the Board of Pardons and Parole is designated as a “quasi-judicial” board and my only statutory involvement with the Board and its decisions occurs during capital cases and when I appoint its members.

I appreciate your frustration with what can be a difficult and complex process, but hope you will understand the limits on my ability to act.”

The Governor’s words imply a hands-off approach when difficult/unpleasant factual information is presented to him.  I wonder who steps up to the plate to provide the check and balance… the monitoring of the prosecutors, the parole process, and the prison system?

Senators, Legislators, Parole Board members and Prosecutors have codes of conduct and have taken an oath to perform their duties in a morally and ethical manner. It was with great shock and sorrow our family witnessed and experienced the exact opposite… We  have come to understand our situation is not the exception but merely what occurs at these parole board hearings and apparently condoned by  the Montana Court system, Senators, Legislators and the Governor.. 

In search of a solution, I respectfully request the Law and Justice Committee to review the State statutes/laws and Board of Pardons and Parole policies. They are too broad and undefined. It is recommended that the committee make a special study of these statutes and find ways to provide more control of and accountability for the board’s decisions.

My objection again is that too many of the policies are overly broad… they provide too much discretion and not enough oversight; they do not provide an adequate grievance or appeal process. The empowerment of the Parole Board which I witnessed/experienced was an example of what occurs with these vague polices.

Mike McKee’s interpretation of his responsibility as chair of the Parole Board opened the door for manipulation of policies when he was making decisions to add program requirements for an inmate beyond what the sentencing Judge had prescribed.  Then not paroling the inmate based on his own  proclaimed need to fill this newly imposed program requirement.  It is strongly requested that the committee examine implementation of legislative input revising these policies.

A few examples of laws which are being manipulated to the detriment of the inmates are:

46-23-201 – Prisoners eligible for nonmedical parole. Subsection (6) allows the board to deny reappearance in front of the board for up to 6 years. This statute should be updated and provide for an annual review… and a defined process in statute by the type of crime and length of sentence for earlier reviews.

46-23-202 – Conduct of the initial parole hearing. This statute describes what the parole board SHALL consider. I would like to suggest to the committee that this wording is too broad, especially with respect to subsection (5). With respect to our son’s situation, a statement needs to be added to this statute that the board may NOT consider statements which are not directly relevant to the crime for which the offender was convicted. Our son was not convicted of any sexual offense. Mike McKee’s remarks were blatant misrepresentation and used with manipulation to deny parole on the grounds our son had to take SOP II before parole would be granted.  The board should be prohibited from considering any statements from a criminal justice authority or victim that are outside the scope of the crime the offender was actually convicted of.  Flathead County Attorney, Ed Corrigan’s letter was an example of such abuse.

46-23-218 – authority of the board to adopt rules. This statute gives the board broad authority to adopt any rules it considers proper or necessary. WOW… The board is actually exempt from the traditional rulemaking process, which requires a public hearing and an opportunity for public comment or comment by the legislature prior to the rule being adopted. I ask the committee to examine this and be required to provide a form of check and balance of the board’s rulemaking.

Where are the check and balance for the Prosecutors, MSP, and Parole Board?  The Law and Justice Committee members are elected by the people for the people…The voters put individuals in office they trust to have all  the attributes of leadership…to be good stewards of our policies and laws… to make the laws and/or amend laws to protect the rights of individuals… The laws are to give empowerment and authority to our leaders.  They are not to be used to abuse or create loop holes used to manipulate within their empowered position to impose harm to others..

Is the role of our elected officials by the people to wash their hands of these issues when things get dirty and sticky?  When the people have appointed these individuals to positions of empowerment and control over others…Then the elected simply look the other way?

In my work as a school psychologist/counselor/teacher, I seek to understand an individual and monitor closely my interactions to assure that I do not harm…In closing I will say the prosecutors, parole board and other systems have harmed so many. So very many…

Who is the victim …I say all of society is the victim with what is being allowed… The spouse… the children…the taxpayers…There is so much harm being done… to so many under the umbrella of our laws… there are people in power… officials who turn away as if nothing is going on….

The number of citizens is growing that expect our leaders to hold the dignity of others high… To have the pendulum of law and justice work for all not just the empowered… We live in a diverse population of individuals…  each having  value and  goodness in them … Unconditional respect for human dignity must be maintained at all levels.  We expect that for all humans…even those that have made mistakes….  

Note: There are eleven states that have Criminal Justice Reform Commissions.  I have attached information on them and strongly believe every state would benefit from such a reform commission.

There is so much harm being done… under the umbrella of our laws… there are people in power … officials who turn away as if nothing is going on….

There is outrage growing in Montana’s citizens as they understand how broken and dysfunctional the system has become and their basic constitutional rights are at risk. 

Is Montana State Prison a correctional institution or is it warehousing of inmates… is the role of the parole board to keep the inmate count up to secure continued employment?

What about the tremendous additional housing costs to the Montana taxpayers incurred by the rulings of the parole board? Why are the Montana taxpayers paying to house folks who do not belong in prison?

 Micki Clugston

School Psychologist

Eastmont High School

509.888.1240

509.884.6665

 

 

Request that was given before the Law and Justice Committee Meeting-2-2012

Melise Jordan

Good morning Mr.Chairman and members of the Committee.  My name is Melise Jordan and I have worked with DOC for over 30 years in the state of Florida.  As well I have been involved in the courtroom and have testified for both state prosecuting attorneys and public defenders. I am not soft about the law. I believe in accountability and the reap what you sow law, but I also believe that there are inmates that are capable of change and those that do change.  I have seen it.

I have been researching an issue concerning the inmate population at present and the growth rate here in Montana. I have found many causes, but we are discussing DOC, so this morning I would like to bring to your attention a document that came across my desk. Montana Code Annotated 2011.  The following excerpt is of grave concern –  Authority of board to adopt rules – purpose for training. (1) The board may adopt any rules that it considers proper or necessary with respect to eligibility of prisoners for parole, the conduct of parole, and parole revocation hearings, videoconference hearings, telephone conference administrative reviews, progress reviews, clemency proceedings, the conditions to be imposed upon parolees.  

It is disturbing to see that a parole board has that much power where they are above the law.  How do they have the power to override what a judge has ruled?  To override the professional recommendations of your very own state forensic examiners?  Why do we have any of these systems in place if a parole board has the right to determine if they want to extend a sentence, add on classes change the court orders and so forth? Where is the check and balance system?  When a department or board believes they are above the law this invites corruption and abuse of power.  

It is astounding to me that 60% that go before the board on the first time are turned down. I have been told that an inmate should never expect to get out on the first time despite the fact that he or she has served a quarter of the sentence, has complied with the judges order and has good behavior. I have talked in length to different personnel at Montana State Prison concerning an inmate that has a date of January 3rd,2013 of serving his quarter of his sentence. I received conflicting statements from different departments concerning his eligibility for parole. It was stated that the parole board won’t allow inmates out on the first try, that they can recommend more classes or treatment above what the court ordered. That is a hope killer and we wonder why the suicide rate is high.   I do not understand how there are 72% that are parole eligible right now, yet they are not seen.  To have a rate of 94% being returned to DOC for technical violations and not because of breaking the law suggests that there is something deeply flawed with the system.  

Having discussed with many others that are concerned with DOC and other departments in the government that are trying to grow their domain to the point that it is causing hardships for many people and businesses. We feel that it is time to downsize the DOC and the tax gouging programs. We are asking that some changes be implemented.  According to the US Department of Justice there are other states that have abolished the parole board.  The savings from the cost of having a board and retaining that many inmates that are completely eligible for parole would be huge.   We  would like to see Montana adopt that same type program.  If that is not something that the Law and Justice Committee would even consider then we would like to see that  Montana Code Annotated 2011 be adjusted.

To take the “above the law system” and change it. The parole board has to comply with the court orders and cannot add on other conditions or sentencing of their choosing.  Each parole hearing should be video taped.  We would like a neutral citizen watchdog committee that holds the parole board accountable.

In 2010 the parole board claimed that 202 former inmates were returned to prison for technical violations and only 13 because of new felonies.  Andrew Paige was sent back in that year because he got married without his parole officer’s approval.  Josh Ellis was sent back in that year because he had a parenting class and work at the same time. The pre-release manager told him to go to work so the parole officer sent him back to prison because he missed parenting class. Jack Griffin was sent back to prison because his church going friend took him to the hospital instead of work, and there are 200 more similar cases.

Supervision by parole officers should be eliminated entirely, or if retained, should be reduced substantially in scope, with reduced sanctions for noncompliance and careful analysis of the process for effectiveness and cost. In FYE 6/30/2011 we spent $61 million from the general fund on parole officers.

Establish explicit sentencing standards that cover the duration of confinement and that are based mainly on a sentence that fits the crime.  The sentencing structure should have provisions for criminal history.

Use the pre-release centers as half way housing for those getting out that do not have family or others for support.  The employees in the halfway houses could help inmates find work until they get back on their feet.

From my research there seems to be an overwhelming hopelessness for inmates, inmates families, and taxpayers.  There seems to be no solution to this flawed system and they fear they will be locked away forever. Their fear is justified. The prisons are there for the system, it should be there for the inmates, to restore them to be able to successfully cross over back into society where they can be productive citizens that contribute to the economy.

Thank you for your time Mr.Chairmain and Committee Members.

 

 **There are many that are in the Montana Department of Corrections that are listed as sex offenders where their crime had not one thing to do with any sex offense.  They will not release them unless they take the SOP classes which ensures that their sentence will be much longer.  Montana has created a racket on how to abuse the sex offender registry and make money.**

Categories: Montana BOPP, MT Speaks Up | Tags: , , , , , , , , , | 1 Comment

UNION FOR FEDERAL PRISON OFFICERS STRONGLY OPPOSES PRISON PRIVATIZATION INITIATIVE

March 12, 2012

Contact:Jason Fornicola
(202) 639-6448

 UNION FOR FEDERAL PRISON OFFICERS STRONGLY OPPOSES PRISON PRIVATIZATION INITIATIVE

Council of Prison Locals says federal prisons safer, more cost-effective than private counterparts

WASHINGTON— The Council of Prison Locals (CPL) of the American Federation of Government Employees (AFGE) today denounced a privatization plan by the Corrections Corporation of America (CCA) that would weaken prison security, jeopardize community safety and encourage states to take on additional debt.

CCA Chief Corrections Officer and former Federal Bureau of Prisons (BOP) Director Harley Lappin recently sent a letter to officials in 48 states announcing what the company is calling a “corrections investment initiative,” in which CCA is offering to purchase and operate state prisons under the following conditions: The facility to be sold must have at least 1,000 beds, is filled to at least 90 percent capacity and the state agrees to pay CCA to operate the facility for a minimum of 20 years.

“This is yet another example of a private prison company looking to bolster its bottom line with no regard for safety or fiscal responsibility,” said CPL President Dale Deshotel. “Instead of investing in privatization with taxpayer funds, we should be investing in the correctional officers currently tasked with securing the nation’s federal prison system. We’re understaffed, underfunded and our inmate population is spiraling out of control.”

AFGE, which joined a coalition headed by the American Civil Liberties Union in asking state governors to oppose CCA’s plan, has long opposed the privatization of prisons. The union says federal prisons are safer and more cost-effective than private prisons and maintains that private prisons have a history of slashing operating costs through the reduction of prisoner programs, reducing employee benefits and wages, and routinely operating with low, dangerous staff-to-inmate ratios.

“Federal correctional officers are the most professional, highly-trained correctional workforce in the world and uniquely equipped to handle the demands of prison security and operation,” AFGE National President John Gage said. “Taking this responsibility out of their hands puts communities around the country in grave danger.”

BOP correctional officers and other staff members inside federal prisons are unarmed, leaving them vulnerable to attacks by inmates with homemade weapons. For years, AFGE and CPL have fought not only for additional staffing and funding at BOP but also for protective equipment such as stab-resistant vests and pepper spray. The need for additional resources can be seen with the countless violent outbreaks occurring at BOP facilities across the country. A correctional officer can be responsible for supervising as many as 150 inmates at once and is unarmed inside the facility. Low staffing levels and a more aggressive inmate population have led to a spike in violence – something AFGE says cannot continue.

To learn more about the Council of Prison Locals, visit CPL33.info.

###

The American Federation of Government Employees (AFGE) is the largest federal employee union, representing 625,000 workers in the federal government and the government of the District of Columbia. 

Source: http://afge.org/index.cfm?Page=PressReleases&PressReleaseID=1357&from=home

If the Union for the Federal Prison Officers strongly oppose prison privatization then the states should understand this also.  

Categories: MT Speaks Up | Tags: , , , | 2 Comments

Montana Prison Staff Recommends Execution of Canadian on Death Row

 

Montana prison staff recommends execution of Canadian on death row

Associated Press | Posted: Saturday, April 7, 2012 7:15 am | (11) Comments

MONTANA STATE PRISON DEATH CHAMBER

Related Stories

CALGARY, Alberta – The only Canadian on death row in the United States has a clemency hearing in less than a month, but a leaked document obtained by The Canadian Press suggests he may have already lost his bid before the arguments begin.

The four-page document written by a Montana Board of Pardons and Paroles staff member reviews the case and recommends against granting Ron Smith’s request that his life be spared.

“Smith does not meet any of the commutation criteria as outlined in the BOPP administrative rules,” the document reads. “Smith hasn’t demonstrated an extended period of exemplary performance and there doesn’t appear to be any extraordinary mitigating or extenuating circumstances that would constitute the exceptional remedy such as commutation.

“It is recommended that the request for a commutation of sentence be denied.”

The document was mailed to Smith’s lawyers by mistake and they are infuriated.

“They’re playing with a stacked deck, but what are you going to do?” said Don Vernay, who works out of Albuquerque, N.M., and is co-counsel for Smith.

“You’re going in there and you know you’ve got an uphill battle but, God almighty, when you know they want to kill your client before you can get in the door – that really stinks.”

The document sent to Smith’s lawyers does not represent the board’s final decision, said executive director Fern Osler. She said it was written by a staff member to provide information to the three-member board and was sent to Smith’s team in error.

“It is just a staff recommendation that we do in every executive clemency hearing and in every parole board hearing. The staff reviews the file and makes a recommendation. That’s just a review of the file,” said Osler.

She said the decision is not predetermined and the testimony at the hearing in early May will be considered in the board’s final decision.

“The staff does the investigation on every clemency and makes a recommendation to the board and then the board examines all the information, including the testimony from everybody and then makes their own decision.”

The board is holding a two-day clemency hearing for Smith, 54, starting May 2 in Deer Lodge. The hearing is just a few yards from where the man from Red Deer, Alberta, has spent the last 30 years in prison for the 1982 murders of Thomas Running Rabbit and Harvey Mad Man.

***

Smith’s daughter said she was shocked that someone in the parole board office had already presented such a negative view of her father.

“Honestly it straight out ticks me off. I’m very upset about that because I don’t know who this person is but anybody who knows my Dad knows there have been changes in him and have seen changes in him,” said Smith’s daughter, who only wants to be known as Joan, in an interview with The Canadian Press.

“I really hope the board isn’t predetermining and I hope they’re going to go in and hear what is being said with an unbiased opinion because this is a man’s life that we’re talking about. This isn’t just some throw around thing here. Oh my gosh. I’m absolutely floored here.”

Joan and her aunt began speaking out in February after remaining silent for 30 years at Smith’s request. Despite his long absence, she has since developed a close relationship with him.

“I was a little girl when he went away so I always knew him as my Dad. For me, I can say we’ve had conversations and my Dad has said how remorseful he is and hopefully they will go in with an open mind and not have their minds set when they get there,” she added.

The final decision on whether Smith lives or dies will fall to Montana Gov. Brian Schweitzer. The board is to make a recommendation after the hearing.

Vernay and co-counsel Greg Jackson argue that although Smith is guilty of a terrible crime he has made a genuine effort to “live a life that exhibits remorse, rehabilitation, a changed heart and mind and a potential for good.”

“We request that you consider and grant this application and commute Mr. Smith’s sentence from death to life without parole,” the lawyers wrote in the application for clemency.

The evaluation by the parole board staff member says that while Smith’s behavior has not been abysmal, it has not been stellar either, pointing to three minor infractions in his 30 years in prison.

It also quotes a psychological assessment that describes Smith in unflattering terms.

“Smith is not an individual with a strong desire to make amends or prove himself a good citizen. To the extent that clear evidence of remorse and unmitigated responsibility-taking is the gateway to rehabilitation, the impression that the extent of this individual’s rehabilitation is limited, or questionable,” the report says.

***

Vernay said it doesn’t matter that this is just a recommendation from a staff member from the Board of Paroles and Pardons.

“It just shows they just want to kill this guy,” Vernay said. “That’s all there is to it. All they care about is the crime.

“They have no business doing that. It’s ridiculous. The staff is who gives them all their information.

“Obviously we’re going to put our stuff in but what they get from their staff also goes into their equation and it is skewed like crazy. The whole thing stinks. It’s been like this all along.”

Smith has been on death row since 1982. A drug-addicted drifter back then, Smith and an accomplice, both of them high on LSD and booze, marched Running Rabbit and Mad Man Jr. into the woods near East Glacier and shot them in the head.

They were cold-blooded killings. Smith said he shot the men just to know how it felt to take a life and because he wanted to steal their car.

Prime Minister Stephen Harper’s Conservative government initially refused to support Smith, saying he had been convicted in a democratic country. The decision ran counter to a longstanding policy of seeking clemency for Canadians sentenced to death in foreign lands. The Federal Court ruled the government had to back Smith.

The government did write a letter asking the board to spare Smith’s life, but public support for the bid has been minimal.

“The government of Canada does not sympathize with violent crime and this letter should not be construed as reflecting a judgment on Mr. Smith’s conduct,” the letter said. “The government of Canada … requests that you grant clemency to Mr. Smith on humanitarian grounds.”

The letter was signed by Foreign Affairs Minister John Baird.

Read more: http://missoulian.com/news/local/montana-prison-staff-recommends-execution-of-canadian-on-death-row/article_ed18d8bc-8042-11e1-bb2c-001a4bcf887a.html#ixzz1rPYWckRW

http://www.theglobeandmail.com/news/national/only-canadian-on-death-row-could-lose-clemency-bid-before-it-begins/article2394153/

Whoa, I said the world was watching you Montana and they sure are.   I have never said a word on this subject and this site is not to argue the rights and the wrongs about the death penalty.  But it concerns me with all the corruption and statistics that are shown about DOC and the Judicial System in Montana that they would execute any man. I am not advocating whether they should fulfill the death penalty or that they should not.  The comments made on this article makes me wonder if some of these people don’t have an affiliation with some sort of department within the system. Pure blood lust in this state.  I say “God have mercy on your souls to execute anyone without knowing any of the cases now in Montana or in any state for that matter.   We don’t know what is put in their files.  God have mercy on us all .”   

Democratic Governor Brian Schweitzer has suggested he is still undecided on what he will do..

“You’re not talking to a governor who is jubilant about these things,” he said from his office in Helena earlier this month. “It feels like you’re carrying more than the weight of an Angus bull on your shoulders.”

I would not want to be put in Governor Schweitzer’s shoes right now.  It does indeed have to be a heavy burden on his shoulders. 

 

Categories: Montana BOPP | Tags: , , , , , , , | Leave a comment

Blog at WordPress.com. The Adventure Journal Theme.

Follow

Get every new post delivered to your Inbox.

Join 522 other followers

%d bloggers like this: