Posts Tagged With: Leroy Kirkegard

Allen Whetstone – MDOC And MBOPP – Part 6

The Incarcerated Montana Fireman

It has now been 350 days,  

11 months, 14 days,  

30,240,000 seconds

504,000 minutes

8400 hours

50 weeks 

Each minute is an injustice.

Montana Department Of Corrections still can not or will not place Allen Whetstone into a regular CP&R class.   This class is required by all inmates that enter into a correctional institution.  This subject has been discussed thoroughly at the Law and Justice Meetings.  Department of Corrections blames the Board of Pardons and Parole that they are going to require more from him anyway.  Board of Pardons and Parole states that if DOC does not allow him to take his classes then they can’t release him.   Well, Board of Pardons and Parole has at least been showing up at the Law and Justice Committee Meetings, despite the heat.  Whereas DOC has not shown up at all, the Director of Department of Corrections, Mike Ferriter has not shown up once.   We don’t know if it is because he believes he does not have to answer to anyone or if he knows that the system has caught up with him.

Since no one can seem to explain why an inmate cannot get into a regular class such as CP&R, the wife of Allen Whetstone called Linda Moodry, Public Information Officer at Montana State Prison.  She stated that she would check into it and she did discuss it with one of the Wardens.   They said that they are backed up because anytime that the Montana Parole Board has an ex-inmate on probation that returns to prison they are required to take the CP&R class again.   These inmates are put on a priority list before the inmate population.   We already have studies on how many are returned to prison on technical violations.  This is not right nor fair that these returning inmates are put on priority to the top to take these classes while the inmate population gets shoved down the list. Allen should be on top priority since he will be going before the parole board in November. These classes take 12 weeks, so what is their reasoning beyond shoving these priorities down the list?  Seems like another way to keep inmates in the system longer and have some money making on the side.  Linda Moodry stated that she hopes they can indeed see where this problem is coming from and can correct it.   The return rate on ridiculous technical violations are astounding.  We are talking technical violations such as an ex-inmate being returned to prison for not getting permission to go to the emergency room or getting permission to get married.  One from not being able to attend work and a class scheduled at the same time.  Either way…if he goes to work he’s hanged, if he goes to the class he’s hanged.  He cannot be in two places at one time.  I didn’t know that was a cause to be incarcerated in Montana.

Also, they have taken Allen Whetstone off of his medication, again, cold turkey.  Dr. Edwards has decided that he does not believe that the VA knows how to diagnose.  Allen was taken off of this medication once when he first arrived at the prison, but after documents from the VA and a hearing at Montana State Prison even the prison ruled that he needed to be on the medication.    He is once again starting to lose weight and having side effects.   The VA and many other doctors have spoken up and stated that a prison that keeps yanking inmates off of life altering medication is inviting and instigating major health issues if not suicide with the inmates. Looking at the poor medical history of the prisons in Montana it seems like that is the very thing they are doing.     How many men and women have to die before state officials start looking into this?

Allen Whetstone’s wife has been threatened to stop testifying in front of the Law and Justice Committee by one of the parole board members. He stated that “she was only making it worse for her husband when he goes before them.”  That is a civil right.   When is this state going to turn things around?  Of course she has said she is not going to stop. The citizens of Montana need someone to speak on their behalf concerning all the atrocities that are going on within the state.  Someone has to be a voice for those that have no voice, more and more people are rising up to do just that!

Categories: Allen Whetstone, MDOC/Abuse, Montana BOPP | Tags: , , , , , , , , | 1 Comment

Inmates From A Montana Prison Proceed With Class Action Suit Filed January 18th, 2012

Montana State Capitol

Montana State Capitol (Photo credit: J. Stephen Conn)

Inmates proceed with a Class Action Suit against Mike Ferriter, Mike Mahoney, Myron Beeson, Leroy Kirkegard, MDOC Prison Issues Board.

IN THE MONTANA FIRST JUDICIAL DISTRICT COURT LEWIS AND CLARK COUNTY

PETITION FOR WRIT OF MANDAMUS, INJUNCTION, PROHIBITION, DECLARATORY JUDGEMENT AND OTHER RELIEF.

The Plaintiff’s in the above entitled action, and on behalf of all similarily situated Montana State Prison Inmates, allege and petition the court as follows:

INTRODUCTORY STATEMENT

This is a class action suit for a writ of mandamus, writ of injunction or prohibition, and declaratory judgement, and is a proper proceeding in where this court of record is granted power to declare plaintiffs rights, status, and other legal relations bearing on the below mentioned justiciable controversy in where there is herein alleged, past, present, and future injuries.

Furthermore, plaintiffs allege they will suffer irreperable harm without this courts intervention to divide the controversy.  They further allege that there is no plain, speedy, or adequate remedy in the ordinary course of law.

Although the procedural aspects of this case will most likely become muddled in procedural entanglements, the facts are clear, and are easily discoverable. This case deals with the Montana State Prison Wardens failure to follow clearly written statutes regarding the method from which the Warden and other defendants allow monies to be spent from the Inmates Welfare Account.

The Montana Statutes that regulate the process for expending I.W.F. monies, is of such mandatory language, that the plaintiffs constitutional liberty interests are implicated.  Due to such implications, Montana Law does not require exhaustion of administrative remedies. However, at least one of the Plaintiffs has exhausted the prisons grievance process to no avail, and as such, the remaining plaintiffs see any attempts to exhaust, to be futile.  Plaintiff’s access to IWF documents are also at issue.

Montana basically in a nutshell certain prison officials stuck their hand in the cookie jar (The Inmate Welfare Fund) and used up the funds that are allocated for programs and for programs with the inmates families.  They disembanded the Inmate Committee that speaks on the behalf of all the inmates concerning what is needed.  These funds come from the high cost of phone calls, vendors, commissary, etc. that families of inmates pay for. The inmates have wanted to see the accounting records of where the funds went to and why.  They have been told “No”, Good people of Montana wouldn’t you like to know why also?  I am at a complete lack of understanding when I see budgets of millions of dollars that we the taxpayers are paying for, money that is also granted through the state, money that is granted on a federal level, money that is received through privatizing,  with all those millions and those that are receiving kickbacks the prison deems it necessary to resort to stealing from The Inmate Welfare Fund?  So, I see that in the Montana Department Of Corrections a person can get away with sexual assault, stealing and not making the accounting public with DOJ backing them up.  DOJ states that they are keeping us safe.  Safe from what?  We need to be kept safe from the corruption that is going on.  Oh Montana it is time to speak up!  Quit letting these outlaw cowboys keep stealing from us!  I told you there was more gold in the gravy train, just you and I never get to see it. 

Categories: MDOC/Abuse, MT Speaks Up | Tags: , , , , , , | Leave a comment

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