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Washington DOC Settles Retaliation Suit for $815

In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington and individuals violated his first amendment right. On November of 1997, Miller ordered a typewriter that was not delivered until January 22, 1998. A grievance was written in protest of the delay and a response by David Buss, a guard working as mailroom supervisor, stated that the typewriter was not received by the mailroom until seven to ten days before January 5, 1998. However, a signed delivery log showed receipt on December 1, 1998. Miller continued to file grievances up to the third level confronting the untruthfullness of Sgt. Buss.

In March 1998, Miller wrote to Kay Walter, Superintendent of AHCC, DOC Assistant Deputy Secretary Eldon Vail, and DOC chief Joseph Lehman about the practices at AHCC and of the mailroom in particular. The response did not address the issue raised. On March 19, 1998, two legal reference books were received and rejected by Ronald McGee, a guard working in the mailroom, in retaliation for the litigation. McGee claimed that the legal material had not been paid for with prison funds. Miller appealed to Eldon Vail and was denied. The books were then returned to attorney Howard Kleyman and later reshipped by Kleyman with an added handwritten label with his return address and the address of the plaintiff.

Upon receiving the package of books, Miller noticed the postage of the package was $3.74. Miller had been charged $6.90 to send the package back to Kleyman. An inquiry to the United States Postal Service confirmed that the correct postage was $3.74. Three levels of grievances and a tort claim were denied for the claimed difference in postage. It is alleged that the failure to properly investigate the grievances and tort claim constituted a conspiracy to retaliate and deprive plaintiff of his first amendment rights.

From December 1997 through 1998, a number of religious items, texts, and other materials were denied and or delayed upon delivery to Miller by the DOC. This included a course of books from the Blackstone School of Law, denied by mailroom guard McGee and a book on Christianity from Berean University. Other publications were rejected as well, such as Saint Mary's Law Journal.

Officials working as guards at the AHCC were arbitrary in rejecting some litigation and not all, as reasons were not consistent with the actions of DOC. Miller has been denied access to the courts by the failure of the mailroom to forward this court's order to him. The stated reason was that the court did not place Miller's DOC number in said orders. Opposing this statement are copies of other mail delivered to Miller absent of a DOC number.

On July 14, 1998, Miller applied for Extended Family Visits. On July 30, 1998, the application was initially processed and denied subject to receiving a positive psychological evaluation which was delayed until October 1998. In November of 1998, the psychiatric evaluation was completed and in mid- November, Miller was told that his EFV application packet was lost. In early December, Miller's wife sent a duplicate set of these documents, which were not delivered to Miller. On December 17, 1998, a second set were sent to Miller via certified mail. Copies were removed from the envelopes without notice of any kind and on December 22, 1998, Miller was told that the application was not lost, but in his central file.

Delay and interference with receipt of Miller's mail indicated retaliation for complaints, grievances, and filing suit. Further, the requirement for a third mental health evaluation was a subterfuge, as he had two such evaluations within the previous 18 months. Miller filed suit alleging that said persons violated his first amendment rights, and in 1999, Miller was paid $551.52 by the State of Washington and DOC and $264 in costs. See: Miller v. Walter, United States District Court Eastern District of Washington, case no. CY-98-3050-AAM.

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Related legal case

Miller v. Walter