Free James Kimball

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The following transcript is to memorialize from hand-written documents, notes and/or letters from James T. Kimball, #38591-018, during the period of December 20th 2004 thru January 11th 2005. Mr. Kimball was released from the SHU (Special Housing Unit as the BOP likes to refer to these chambers) on the afternoon of January 14, 2005 by Captain Whittington and Warden Reese. Edits have been made to correct any names, grammar or misspellings.

Dec. 20, 2004

I was placed in the SHU (Special Housing Unit) at 2:30 P.M. for, as stated on the official BOP incident report, “you were placed in administrative detention pending an S.I.S investigation for trying to encourage inmates to participate in a riot” signed by a Lt. A. Bobbitt, who refused to let me read the (A.D.O.) Administrative Detention Order before I was placed in the SHU, or tell me what I was being placed in the SHU for.

Dec. 21, 2004

At about 12:30 P.M. Capt. Whittington stated to me he was putting me back on the compound but he did not say when! He told me that he believed in free speech, however he did not like the fact that a 2 page printed internet article got posted on his bulletin board. The bulletin board is locked in a glass case. (view the article from this web site that got placed on the captains bulletin board)

I wrote a BP8 to the head of the SHU, Lt. Grider, for my legal paperwork in my lockers, and a pencil, I may have written more BP8's, but I sent all of the copies to the legal office of all the ones I wrote since Dec. 20 about 2:30 P.M. when I was placed in the hole.

Dec. 22 & Dec. 23, 2004

Note: On 12/21/04 and 12/23/04. (Kimball had to hand write multiple copies of his BP’s, as the BOP officers refused to provide him with the required copies.)

Dec. 28, 2004

As of this date the BOP officials are still refusing to even give me a pencil.

Dec. 29, 2004

I spoke to Lt. Phillips from SIS today. I explained to him the same thing I had told Captain Whittington. That I had nothing at all to do with the Yazoo City bulletin board (Namely the Captain's board) postings of the printouts of the internet web pages exposing the medical deaths & torture being caused by BOP officials namely Chambers and Holt. I told him, Lt. Phillips I believed, BOP officers or staff may have posted the printouts, just as they did with the Life Extension magazine article condemning the medical care at Yazoo City and condemning the so called medical doctor Chambers. That Life Extension Magazine article was received by one of the inmates in a different building. The inmate gets a subscription to Life Extension Magazine. Some copies were made and given to me. Within 2 days the complete article was posted all over the compound and posted on the poster boards in the dorms. BOP staff admitted to me that they had posted the magazine article. That posting also included the poster board in Chambers' medical area.

The BOP’s fabrication of me starting or inciting a riot on Dec. 15, 04 is bogus. In fact there was no riot, demonstrations or anything, as 2,000 inmates here would testify to that fact.

Lt. Phillips told me he was only investigating and that he would get back to me in a couple of days, after he spoke to Captain Whittington. Lt. Phillips appears to see I was not involved.

This is unbelievable, but since I have been put in the SHU Dec. 20, 04. I still cannot get the BOP staff to give me a pen or pencil or the vast majority of my legal documents so I can do my legal work.

Dec. 30, 2004

As of this date and time the staff has still refused to give me a pen or a pencil to write with and any of my badly needed legal paperwork.

The BOP SHU staff totally refused to give me a pencil until Dec. 30, 04 and then only gave me one 3” golf scorecard pencil that would stay sharp for about ¼ of a page of writing. The BOP SHU staff refused to sharpen any pencils that could be sharpened. They just said that the pencils were too short to fit in a pencil sharpener.

Capt. Whittington stopped me this morning as I was handcuffed going to get a one hour fresh air exercise in the 16’ animal cage, which is required by law that they do five days a week.

This day has been a very bad day and it looks like it’s going to get worse. If you can imagine being under a 100-foot waterfall you know how much noise that can be. Imagine that kind of noise in a room 9’ X 7’ that has 2 bunk beds, 1 shower, 1 dish, 1 sink and one toilet in this 9’ X 7’. Putting all that in a 9’ X 7’ room you can imagine there is absolutely no room to move around. Just more torture being inflicted.

The horrible noise of the water running for over 3 hours today is almost unbearable. The toilets in the hole when they are flushed make as much noise in this tiny room as if you are standing under a 100’ waterfall. You have to yell at each other to hear over the thunderous noise of the water running when the toilet is flushed.

These BOP officers in the SHU left our toilet running for over 3 hours. Pure torture before they finally shut the water off. It took one BOP SHU officer 30 seconds to shut off the running toilet. This proves they inflicted total torture, for over 3 hours. I don’t know how much more of this type of torture they will continue to inflict on us.

Jan. 3, 2005

Well you can see by today’s date that I’m still stuck in the hole.

My wife was told by Capt. Whittington that I was in the hole “for 'my' protection”; nothing could be further from the truth. Who would he be protecting me from? There certainly isn’t anyone else on this compound, BOP staff or inmates that would want to harm me except for Chambers or Holt himself.

I have asked my counselor for BP9’s, but to no avail as of yet. I do not have any copies of my BP8’s yet either. They are blatantly obscuring my ability to continue with my administrative remedies process. This again violates BOP rules and policies/laws.

The BOP SHU officers have refused to adhere to the law again, by refusing to supply me with my legal copies of BP8’s etc., as by law they have to. The BOP SHU officers have also refused or are being ordered to refuse to provide me with my edits of the legal changes I had written in my expedited motion that is going to the 11th circuit federal court in Tampa.

The BOP SHU staff here again refused or is still being ordered not to give me a copy of any of my much-needed legal paperwork that is in my law lockers.

I have had my less than 3” pencil sharpened by my cellmate with his teeth. That’s the only way anyone can get a 3” pencil sharpened. This is one sick BOP prison system. Just about every human right is violated when anyone is placed in the hole for investigative administrative detention. This is in absolute violation of an abundance of laws including violations of the 8th amendment prohibiting cruel and unusual punishment.

Jan. 4, 2005

1. Even though I have repeatedly asked for my much needed legal documents along with my legal work from my law lockers in my dorm and my personal possessions, both requested in the BP8’s, requested from my counselor and the BOP SHU officers. They have refused to provide them to me for over 2 weeks. The BOP SHU officers continue to deny me access to the law library in the SHU or anywhere else in this facility. (See included BP8 and others I have sent requesting the aforementioned.)

2. The BOP officers here at Yazoo have totally refused to adhere to Federal laws such as:

3. Every person on the compound has a right to wear their own clothes, get daily exercise, watch TV, walk on the compound without being handcuffed, allowed to walk outdoors at visit, or sit wherever they wish and not be dressed in orange and sit and be stared at by all inmates and visitors at visit as if they were in disciplinary segregation. The BOP at Yazoo has refused to allow any of the aforementioned rights all inmates have in Administration Detention (AD) to include handcuffing myself every time I leave my cell in the SHU to visit a counselor in the SHU or go to a 10’ X 15’ recreation animal cage, inside the hole/SHU. I’m also handcuffed when I’m brought in the compound to go to visit.

All of this is in direct violation of 28 CFR § 541.22(d) to include: refusing to let me use my own soft tooth brush when both the dentist in the BOP and my own dentist told me I must use as all the enamel is wearing off my teeth. The toothbrush that is provided by the BOP is hard and very painful for my gums. The BOP dentist told me to floss every day, which I did, then when I’m put in the hole I am denied my dental floss. The BOP is blatantly attempting to cause my further degeneration.

Because the BOP is refusing to obey the law, I have lost 5 teeth and by the BOP’s continuation of law violations, I will continue to rapidly and needlessly degenerate further.

I have listed herein only a very few of the human rights and laws the BOP has violated against me since I have been placed in the hole on Dec. 20, 04. Daily telephone contact with my family has also been suspended by Captain Whittington.

The guise of my placement in the hole, which of course was retaliation for exercising my constitutional right of free speech in an article for the internet was classified as “trying to encourage inmate to participate in a riot” which of course I never did, nor was there any threat of a riot on Dec. 15, 04 as stated by the ADO.

The BOP’s violations of the laws occur nearly every hour of the day against other selected inmates and myself throughout this whole BOP system and at Yazoo City prison.

The only thing they haven’t tried yet at Yazoo, as the BOP officers did at Coleman Prison, is attempt to kill me twice when I was in the hole at Coleman on another unlawful guise of doing something against BOP policy. The Coleman BOP officers attempted to murder me on two different occasions.

To this date BOP SHU staff has given me 3 - 3” golf scorecard pencils and refused to sharpen any since Jan 30th. My cellmate has to keep sharpening the tiny pencil for me with his teeth.

It appears at least for the time being that top BOP officials here have ordered my retaliation at Yazoo, starting with Warden Connie Reese and Captain Whittington. The only other person that could have ordered them is Raymond E. Holt, the southeast regional director, himself.

While I’ve been in the SHU, several BOP officers have informed me, that the web site that is exposing the medical deaths and abuses here at Yazoo is accurate and true. They believe my exposure is a good thing. The exposure is needed to institute change in order to save inmate lives here at Yazoo and throughout the BOP system.

Inmates at Yazoo have told certain BOP staff members that they have sent their friends and family members what has been written on the web site in an attempt to get them to get their Congressional representatives involved.

Some of the BOP officers here keep telling me to keep it up, “something good will come out of what you are doing.” All I can ask is, “at whose cost?” My family and I have paid one hell of a price for exposing the truth for the past 3 years.

Ms. Reed the counselor for 1-A-Upper, advised me yesterday she would do her best to deliver me some BP9’s today if she could. If I get the BP9’s today I’ll write them up, send them in to be typed and then have them sent back to me as I cannot hand them in without the BP8’s, which again, the BOP officers are refusing to give me my required copies that I don’t have. The legal office has copies and it appears the BP8’s I gave to the SHU personnel have illegally disappeared, or have been shredded.

At least the legal office has the copies of my BP8’s that were illegally destroyed here by BOP SHU staff, as they were never properly acknowledged. I gave out my last copy of the BP8 I wrote on 12/21/04 to Ms. Reed yesterday. I am sending this accounting of what transpired since 12/20/04 forward and what I expect to put into my BP9 that I will be writing soon.

Needless to say none of my BP8’s were ever answered, nor did I receive any of the photocopies I requested nor did I receive any of my legal documents from my personal property law locker until Dec. 27, 04 and then I only received a couple of legal folders. I was told by the SHU Lieutenant named Grider that my unit team staff would have to approve the other legal materials that I badly needed out of my personal locker. Lt. Grider said he would get in touch with members of my unit team staff. However he never did, as of this date, 1/4/05.

Jan. 5, 2005

There is no question the captain’s words to me on 12/21/04 said it all. He didn’t like the fact that the Internet news article ended up on his bulletin boards throughout the compound. I can’t blame him for that, however I did not put them there. It most certainly could have been done by BOP staff members, as I know staff members posted the Life Extension news articles about Chambers, Yazoo Medical and me.

There is no question I am not getting everything I need. Nor are there just some restrictions imposed upon me in the SHU, as Captain Whittington told my wife. There are an abundance of unlawful restrictions placed upon myself and others. These are mentioned in some of the BP8’s and in the writings I have sent.

Regarding staff not giving me a pencil until the evening of Dec. 30, 04, this is absolutely true. The actual truth is since I have been in the SHU starting 12/20/04 the first time staff would provide me with one and only one pencil was Dec. 30, 04. Then another pencil, only one, 2 days later, then one and only one 1/4/05. The pencils last about 50 words before they need to be sharpened. Of course staff will not sharpen them, so you have to do whatever you can to keep the 3” pencil writing.

I have never received any health and comfort items I have been entitled to as the law dictates.

The carts that are passed down the range with items to be handed out to inmates is as follows:

No cart is passed down the halls for inmates everyday with all the necessities inmates need as Captain Whittington told my wife. That is not what happens and the SHU is full of people who will verify these facts. It is hard for me to believe the Captain is unaware of all this. Obviously, the SHU staff is not following his orders.

At this time I believe there is no question that I am in the SHU as a retaliatory act. On my ADO it states that on Dec. 15, 04 I committed some act and it is signed by a staff member. Then I was put in the SHU for investigation for that act on 12/20/04.

I believe there is a violation of BOP policy here, I don’t have the rules. I have been advised that if you have done something wrong or are accused of such the BOP must do something within 24 hours of the incident. If this is true then the BOP could not put me in the hole at all. Because, according to the ADO, the incident report was written up on Dec. 15 and I was put in the hole on Dec. 20th – 5 days later. I pointed that out on the report in pencil by putting a circle around it.

I just got some BP9’s from my counselor. I will be getting them to the office soon for typing.

The BOP continues to add to the torture of inmates by putting them in a tiny cell 23 hours a day with nothing to do. They only brought books around for the inmates in the SHU to read only once in over 2 weeks. We must remember that I have not been found guilty of any wrongdoing. The BOP motto “PRISONERS ARE IN PRISON AS PUNISHMENT, NOT TO BE PUNISHED.” All the BOP knows how to do is PUNISH.

I am still continuing to fight for my rights to get my legal paperwork but to no avail after over 2 weeks. Denying me access to the courts is against the law. This is a perfect example of the BOP's blatant disregard for the laws.

Jan. 6, 2005

I still cannot get my legal paperwork. They are still refusing to give it to me so far.

Jan. 11, 2005

The smell from the contaminated garbage in this cell is so bad that it has made me sick. Both to my stomach and by giving me severe headaches

They have still refused to give me my legal work out of my 2 lockers and a total of 3 pencils is all I’ve gotten, none sharpened. It’s getting impossible to write with this pencil. I have to print. Sorry!

I wrote the following B.P.8 about what just happened in this cell to start my administrative process in an effort to try to get resolution to this one of numerous problems. I am doing a B.P.9 to hand in tomorrow and I’ll have a copy made and mail it to the office.

-James T. Kimball

Notice To:
SHU #1 Officer Mr. Harris
From: James Kimball 38591-018
Range A Cell #6

My cell was changed a couple of hours ago from cell 7 to cell 6. Cell 6 should NOT be occupied by anyone in the condition it is in.

1. There are chemical substances all over the floor area, to include the shower.

2. Mildew on the lower walls under the bed and water coming into the cell on two walls.

3. The shower is contaminated as is the cell and the shower curtain is worthless and additionally contaminated. Additionally, the cell smells of contamination.

4. Please change my cell immediately as this cell is a dangerous health hazard, to me, or any other BOP prisoner.

5. Enclosed is a sample of the contaminates.

James T. Kimball 1/10/05

Cc: CLC

Cc: IP’s

1/10/05

Via staff mail to: A. W. Fisher; Capt. Whittington; Safety Officer Riley and Warden Reese

From: James T. Kimball

This afternoon I was moved to a different cell that among other things is contaminated in the SHU.

That was explained to the officer and #1 in the SHU at approximately 12:30 P.M. and a sample of the contaminates was given to #1 by the officer. The officer told me that #1 told him he would speak to Lt. Grider about changing my cell.

My cell did not get changed.

I then wrote to the new #1 in the SHU later today about 4:30 P.M. to Officer Harris. I gave a note to Officer Mills who advised me she gave it to Officer Harris (copy enclosed) with a sample of the contaminates given Officer Harris. It is now 9:00 P.M. and I have heard from no one about changing cells. To me this is nothing less than further retaliation and cruel and abusive treatment.

If you wish to kill me, please do so, but do not torture me.

James T. Kimball 1/10/05

Cc: CLC

Cc: IP’s

BP 8 1/12/05

On 1/11/05 I informed Warden Reese; A. W. Fisher; Capt. Whittington and Safety Officer Riley about being moved to a contaminated cell; that was making me sick. Officer Riley responded on 1/11/05 telling me he did not believe that Lt. Grider the SHU Lt. would change my cell for that reason. By Mr. Riley telling me that fact I surmised this was well discussed by all beforehand. I advised Mr. Riley the smell was making me sick and I could not tolerate it. Mr. Riley told me I would have to clean it up as did Lt. Grider some time later and that he would not change my cell. I told Lt. Grider I couldn’t get near the powder as it made me sick. It was obvious he did not believe me. I was about to tell him that the chemical that Mr. Riley said killed staphylococcus in 10 minutes of contact, agent green I believe Officer Riley stated, should not be used without a mask especially in a small confines, SHU cell or a 3’ X 3’ shower as it could easily damage my lungs or anyone else’s. However, it was obvious Lt. Grider or anyone else for that matter cared about the safety of my lungs or whether or not I was sick or died. I have been in the SHU before and never encountered any thing like this. I cannot even take a shower. I Please change my cell to a cell not contaminated with foreign substances, or have my cell cleaned not in my presence properly by a professional

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