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Washington DOC Pays $1,200 in Retaliation Suit
On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several grievances in regards to conditions of the unit where he lived. Richardson was harassed and continued to be harassed by guards for his filed grievances. Richardson pursued his litigation and corresponded with Superintendent Belinda Stewart about various matters. Phillips, a guard, even threatened Richardson for filing a staff misconduct report against him and on August 1, 1995, Richardson was placed on the call out sheet to report to Lieutenant Norman Pacholke who instructed Richardson and another prisoner to clean the boulevard (an area or walkway which is approx. three blocks long, and is used to move from one area to another).
Pacholke informed Richardson that Albert Keip, a guard, would be his appointed supervisor. As Richardson was to report to work the next evening, he heard from a guard, Keith Deflitch that "they wanted to keep an eye on him." That same day, Richardson was told by a prisoner Crawford that Deflitch had informed him that the job was created to lean on Richardson because of Richardson's legal litigation. Richardson reported to work and was instructed by Keip to rake rocks out of the pit areas of the boulevard. The other prisoner, Richardson reports, who was assigned the same job was not required to do such nor was he ever. Still Richardson complied as he did not want to be punished for disobeying staff.
On August 24, 1995, Richardson filed a staff misconduct report against Sergeant Michael Pershan for threatening him over exercising his Constitutional Rights of freedom of speech. Richardson also wrote to Superintendent Stewart, Custody Unit Supervisor John Upchurch, and the Attorney Generals office about Pershan's actions. On August 27, 1995, Richardson reported to work, informing Keip that he had pulled a muscle in his lower back while lifting weights. Richardson was in no condition to rake rocks. Keip told Richardson that Lt. Francis Fitzpatrick wanted Richardson to move the piles of rocks and dirt into one pile. Richardson again informed Keip of his condition and in result was served an infraction that placed him in the hole.
On August 28, 1995, Richardson wrote to Superintendent Stewart in regards to Keip's misconduct and he also informed her of Deflitch's statement related to him by prisoner Crawford. Richardson was served a 552 and spent a total of 10 days in the hole as he was accused of lying and trying to get staff in trouble. After speaking to Sgt. Pershan on the telephone, Lt. Bennett found Richardson guilty of the major infraction. Bennett found Richardson guilty on the same evidence that she dropped the infraction on which was written by Keip on August 27, 1995. Bennett refused Richardson's request to have his witness present at the hearing when no security threat was present. On or about September 14, 1995, Richardson was given a second infraction for a 552 over the same incident that he had already been found guilty of. Because of this, Richardson suffered stress as he could not eat or sleep because of these actions.
On September 20, 1995, Richardson went to his major infraction hearing, which was heard by Lt. Charles Lyons. Prisoner Crawford was finally called in as a witness and was asked by Lt. Lyons if he related the statement to Richardson said by guard Deflitch. Crawford replied that he did. Lyons then asked Crawford why he hadn't said anything until now. Crawford informed Lyons that no one would inform him of the facts until now, as officials would only tell him that Richardson went to the hole over an incident in the unit. Lyons found Richardson not guilty of the 552, but has refused to give Richardson a copy of the investigation report written by the institution's investigation guard James Cooper. All of the above acts were committed in attempts to retaliate against Mr. Richardson for his litigation and all of the above acts violated Richardson's first, sixth, eighth, and fourteenth amendment constitutional rights. On January 1, 1996, Richardson filed a suit against the state of Washington, DOC and individuals involved. And in 1999, Richardson, by and through his attorney Andrea Blander of Seattle, was paid $1,200 to settle the suit. See: Richardson v. Stewart, United States District Court Western District of Washington at Tacoma, Case No. C96-5022FDB.
Pacholke informed Richardson that Albert Keip, a guard, would be his appointed supervisor. As Richardson was to report to work the next evening, he heard from a guard, Keith Deflitch that "they wanted to keep an eye on him." That same day, Richardson was told by a prisoner Crawford that Deflitch had informed him that the job was created to lean on Richardson because of Richardson's legal litigation. Richardson reported to work and was instructed by Keip to rake rocks out of the pit areas of the boulevard. The other prisoner, Richardson reports, who was assigned the same job was not required to do such nor was he ever. Still Richardson complied as he did not want to be punished for disobeying staff.
On August 24, 1995, Richardson filed a staff misconduct report against Sergeant Michael Pershan for threatening him over exercising his Constitutional Rights of freedom of speech. Richardson also wrote to Superintendent Stewart, Custody Unit Supervisor John Upchurch, and the Attorney Generals office about Pershan's actions. On August 27, 1995, Richardson reported to work, informing Keip that he had pulled a muscle in his lower back while lifting weights. Richardson was in no condition to rake rocks. Keip told Richardson that Lt. Francis Fitzpatrick wanted Richardson to move the piles of rocks and dirt into one pile. Richardson again informed Keip of his condition and in result was served an infraction that placed him in the hole.
On August 28, 1995, Richardson wrote to Superintendent Stewart in regards to Keip's misconduct and he also informed her of Deflitch's statement related to him by prisoner Crawford. Richardson was served a 552 and spent a total of 10 days in the hole as he was accused of lying and trying to get staff in trouble. After speaking to Sgt. Pershan on the telephone, Lt. Bennett found Richardson guilty of the major infraction. Bennett found Richardson guilty on the same evidence that she dropped the infraction on which was written by Keip on August 27, 1995. Bennett refused Richardson's request to have his witness present at the hearing when no security threat was present. On or about September 14, 1995, Richardson was given a second infraction for a 552 over the same incident that he had already been found guilty of. Because of this, Richardson suffered stress as he could not eat or sleep because of these actions.
On September 20, 1995, Richardson went to his major infraction hearing, which was heard by Lt. Charles Lyons. Prisoner Crawford was finally called in as a witness and was asked by Lt. Lyons if he related the statement to Richardson said by guard Deflitch. Crawford replied that he did. Lyons then asked Crawford why he hadn't said anything until now. Crawford informed Lyons that no one would inform him of the facts until now, as officials would only tell him that Richardson went to the hole over an incident in the unit. Lyons found Richardson not guilty of the 552, but has refused to give Richardson a copy of the investigation report written by the institution's investigation guard James Cooper. All of the above acts were committed in attempts to retaliate against Mr. Richardson for his litigation and all of the above acts violated Richardson's first, sixth, eighth, and fourteenth amendment constitutional rights. On January 1, 1996, Richardson filed a suit against the state of Washington, DOC and individuals involved. And in 1999, Richardson, by and through his attorney Andrea Blander of Seattle, was paid $1,200 to settle the suit. See: Richardson v. Stewart, United States District Court Western District of Washington at Tacoma, Case No. C96-5022FDB.
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Related legal case
Richardson v. Stewart
| Year | 1999 |
|---|---|
| Cite | USDC WD WA Case No. C96-5022FDB |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 1200 |
| Injunction Status | N/A |