Posts Tagged ‘Prison Health Care’

Cook County Jail Staff Daily Commit Assault with a Deadly Weapon

March 23, 2009

Jerry Brown, the Attorney General of California has indicted a doctor, a nurse, and a pharmacist for elder abuse and assault with a deadly weapon for forcing high doses of psychotropic medications on Alzeimer’s and other patients to shut them up and keep them in a zombie like state. Three patients died due to results of these wrongful acts.

In Illinois it is illegal to involuntarily force psychotropic drugs like Haldol, Zyprexa, Ativan and even Benedryl by injection on patients unless they are an immediate danger to their own life or someone else’s life and then a court order must be obtained to continue the medication involuntarily.

Cook CountyDept. of Corrections (Cook County Jail or CCDOC) officers constantly request nurses to give such medication to shut up complaints by inmates, to quiet them even though they are not harming anyone and are locked in their cells, and in retaliation for disagreements with the officers. Nurses call doctors on the phone and ask for prescriptions and the doctors illegally prescribe the medication without examining the patients. Even if they examine the patients doctors at CCDOC under the direction of the Director of Psychiatry, Dr. David Carrington, continue to violate ethical standards and the law with such prescriptions when they are not needed and when there has not been adequate evaluations or diagnoses that require such medication. Even if the medications may be indicated, they cannot be given involuntarily except under strict guidelines.

I complained to the Illinois Guardianship and Advocacy Commissions Human Rights Authority Branch that by law must investigate complaints of violations of the Illinois Mental Health and Developmental Disabilities Code. They sustained my complaint that psychotropic drugs were being given illegally to inmates to shut them up. After the HRA warned Dr. Carrington that this illegal practice must stop, Dr. Carrington and his staff with assistance of the officers are continuing to violate the law. Each act of forcing psychotropic drugs on an inmate/patient without proper diagnosis and without documentation that they are a danger to their own life or the life of others is a class A misdemeanor.

For more details about this “Haldol Menace” see:
http://www.youtube.com/watch?v=UA2S-oOOJyY&NR=1

Dr. Carrington should be disciplined, his license revoked, the nurse’s involved licenses revoked, and the officers retrained to understand the law and how to properly help in the mental health care of mentally ill persons without assaulting them.

If this was California, Dr. Carrington would be charged with abuse of patients and assault with a deadly weapon and face up to 11 years in prison. Why is State’s Attorney Anita Alvarez doing nothing? Why is the United States Attorney who came to the same conclusion about this medical battery and malpractice doing nothing? We need a public outcry, legislative hearings, and indictments and action by the Illinois Department of Professional Responsibility.

Please complain to:
Cook County State’s Attorney Anita Alvarez, Cook County State’s Attorney, 50 W. Washington, Room 500, Chicago, IL 60602,

Patrick Fitzgerald and Joan Laser, Asstant United State’s Attorneys at 219 S. Dearborn, 5 th Floor, Chicago, IL 60604, and

the press.

This barbaric medical battery and abuse must stop! Injection of these drugs into asthmatics or others without careful review of their medical records and careful diagnosis is malpractice, assault with a deadly weapon, and medical battery. It may cause death in certain persons (fatal laryngospasm in asthmatics) and permanent brain injury. Haldol has now been documented to cause brain atrophy in long term use and has a half life of 8 days in the brain – and leads to serious complications in at least half of people it is given to.

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Questions America Must Answer to Fix Our Health Care System – Give Me Your Thoughts

January 8, 2009

FIXING HEALTH CARE

 

“50% or so of health care dollars is spent on advertising. What will you do to stop this waste. Health care providers should be like the police and fire departments, a necessary public service that does not advertise.”

 

“Would you support a steeply progressive and very high tax on advertising of drugs to discourage this practice? This would quickly reduce the cost of drugs as presently 50 % of drug company budgets are advertising costs. Or would you ban advertising?”

 

“Whether to do Phase 3 clinical trials of new drugs is decided by drug companies – encourages excessive costs by testing unnecessary “me too”  drugs with no benefit. Would you support FDA taking over this decision analagous to IL hosp plan commission?”

 

“Our veterans in chronic pain are thrown narcotics in high doses making them nonfunctional addicts instead of treating pain properly with multiple modalities (TENS units, therapy, muscle relaxants, meditation). Will you help them reclaim their lives?”

 

“Medical care at Cook Co. Jail & IL prison system is so inadequate inmates have had their leg amputated for lack of antibiotics & prisoners who were disabled lay on the floor in diarrhea for days unable to obtain water/care. Will DOJ investigate?”

 

“In Illinois Atty Gen Lisa Madigan, several Governors, and their corrupt accomplices fraudulently deny mental health care to those on Medicaid and wrongfully prosecute health care providers who are trying to provide this service. Will you investigate?”

 

“Will you acknowledge childhood obesity caused by fast foods and soda pop and ban soda pop and fast foods from schools & bring affordable food stores to poverty stricken communities? Inner cities have lots of fast food – little affordable food stores.”

 

“We save premature babies and children in ICUs, then fail to fund continuing care for severely disabled babies/children leading to poverty, divorce, family destruction, neglect of siblings, lost potential, and increased disability. Will you fix this?”

 

“Daschle has a reputation of being in the pockets of pharmaceutical companies. Is this true and if so will you make sure that pharmaceutical companies do not have undo influence over health care policy and do not rake in excess profits off our misery?”

 

“Will you help switch funding for care of severely disabled and dying children from institutions to home care? The choice to care for the child at home should be the parents not the state’s.”

 

“Haldol – antipsychotic is excessively involuntary injected in ERs and jails to quash free speech, curb dissent, and force behavior to change per dictates of others. Will you stop it? The Soviets used this method for dissidents – WE SHOULDN’T!””

 

“Half of health care dollars are spent for often futile end of life or beginning of life care (ultrapreemies). Much can be saved by putting limits on such and better funding and promoting more humane hospice care. Will you investigate this and fix it?”

Questions for Obama and America – Solutions for Change

January 4, 2009

I very much would like the public to engage in a debate on these suggestions – which are a beginning and food for thought – help me develop these ideas! Send a comment – by clicking comments at the end of the post.  I have sent all these questions to the Obama-Biden Transition team.

ENDING CORPORATE CONTROL AND PERSONHOOD – RESTORING POWER TO THE PEOPLE

 

“Would you support a 28th Amendment proposed by famed author, advocate, marine biologist, public speaker, Riki Ott, who wrote the Book about the Exxon Valdez disaster consequences to end “corporate personhood”, and return the government to the people?”

 

“Will you hire/ appoint as advisors civil rights activists, dissidents, ex-cons especially someone who has been wrongfully convicted, whistle blowers, and others in the trenches and not just use professional politicians, lobbyists and political hacks?”

 

TRANSITIONING FROM THE PAPER AGE TO THE DIGITAL AGE – MODERNIZING AMERICA

 

“Communications a new frontier – money wasted; no standardization of bills & records; difficult finding data; privacy & security concerns; elderly/disabled concerns; education concerns. Do you support new Cabinet position for Communications Secretary?”

 

FIXING HEALTH CARE

 

“50% or so of health care dollars is spent on advertising. What will you do to stop this waste. Health care providers should be like the police and fire departments, a necessary public service that does not advertise.”

 

“Would you support a steeply progressive and very high tax on advertising of drugs to discourage this practice? This would quickly reduce the cost of drugs as presently 50 % of drug company budgets are advertising costs. Or would you ban advertising?”

 

“Whether to do Phase 3 clinical trials of new drugs is decided by drug companies – encourages excessive costs by testing unnecessary “me too”  drugs with no benefit. Would you support FDA taking over this decision analagous to IL hosp plan commission?”

 

“Our veterans in chronic pain are thrown narcotics in high doses making them nonfunctional addicts instead of treating pain properly with multiple modalities (TENS units, therapy, muscle relaxants, meditation). Will you help them reclaim their lives?”

 

“Medical care at Cook Co. Jail & IL prison system is so inadequate inmates have had their leg amputated for lack of antibiotics & prisoners who were disabled lay on the floor in diarrhea for days unable to obtain water/care. Will DOJ investigate?”

 

“In Illinois Atty Gen Lisa Madigan, several Governors, and their corrupt accomplices fraudulently deny mental health care to those on Medicaid and wrongfully prosecute health care providers who are trying to provide this service. Will you investigate?”

 

 

ENDING CORRUPTION

 

“Truth commissions worked in S Africa to encourage confession, transparency, healing, accountability, and reconciliation. Couldn’t they work in the U.S to save money, increase openness, and allow us to get beyond corruption and move on constructively?”

 

 

FIXING GOVERNMENT CORRUPTION

 

“AAG Patrick Fitzgerald doesn’t have half the manpower he needs to prosecute all the corruption in Illinois. Will you remedy this and make stamping out corruption a priority along with prosecuting felony civil rights violations?”

 

 

 

CIVIL RIGHTS ISSUES IN JUSTICE SYSTEM

 

“Prosecution of felony civil rights violations – been stopped by Bush. Will you prosecute systemic intentional civil rights violations in prisons and jails that have led to death and loss of limb by intentional withholding of medical care and meds?”

 

“In Illinois 1 prison law librarian handles ALL requests from all 40,000 prisoners for legal research, legal documents, etc. This cannot be considered access to the courts. Will the DOJ investigate and prosecute such systemic civil rights violations?”

 

 

FIXING [IN]JUSTICE SYSTEM – HELPING CIZITENS TO REACH THEIR POTENTIAL AND JOIN THE WORK FORCE – FIXING THE ECONOMY

 

“Torture, medical neglect, abuse, denial of access to courts is routine in American prisons. What will you do to fix this and reduce the prison population which is 40 X greater than in any civilized country and is tearing down our economy?”

 

“Excess incarceration is killing our economy. Will you lead the battle to replace incarceration with restorative justice for non-violent offenses. Skilling should be working and  paying 99.9% of his salary to those he harmed!”

 

 

“Torture, medical neglect, forced drugging, withholding of medical diets, falsification of records by guards, beatings resulting in death is standard practice in US jails and prisons. Will you hold Congressional hearings on this topic to expose it?”

 

“Rural areas have attracted for profit prisons. The prison/industrial complex now employes 1/10 Americans. This is not productive – guards and prisoners don’t contribute to the economy – they suck the wind out of it. What will you do to fix this?”

 

“Brain surgeons go to medical school for 4 years then do internships and residencies to learn this skill for another 7 years. I don’t want a family doc doing brain surgery. Shouldn’t judges be required more education than 3 years of law school?”

 

“All sorts of roadblocks are put up to prevent pro se litigants from defending themselves and litigating in courts. Will you see that pro se manuals are written, judicial education is improved, and citizens can have access and fairness in the courts?”

 

“Judges are arrogant, incompetent, corrupt, and they routinely deny civil rights – right to self-representation, right to access courts, introduce evidence, etc. They abuse orders for fitness exams. Will you hold hearings and change this?”

 

“Corrupt politicians and police illegally use fraudulent charges of disorderly conduct, trespass, resisting arrest, etc., as retaliatory tools against whistle blowers and dissidents. Will you hold Congressional hearings on this and stop this practice?”

 

 

FIXING TORTURE, ABUSE, MEDICAL NEGLECT IN JAILS AND PRISONS

 

“US Atty Fitzgerald found systemic medical neglect and violence by guards against inmates at Cook Co. Jail. YET NO INDICTMENTS for this intentional battery resulting in many deaths have occurred. Will you prosecute these criminal officers/officials?”

 

PRESERVING OUR CULTURE AND THE ARTS

 

“Japan preserves its crafts by funding “living national treasures” – top craftsmen and artists. They are given a govnt salary to maintain and teach their skill like swordmaking, flower arranging, Samari skills. Should we do this?”

 

Political Trials – Still Alive and Well in 21st Century American [In] Justice

November 18, 2008

Protecting Defendants Charged for Political Reasons

SUPREME COURT JUSTICE DOUGLAS IN 1970 – “Does the answer to the problem of political trials involve defining the procedure for conducting political trials or does it involve the designing of constitutional methods for putting an end to them? . . . . It will be time enough to resolve those weighty problems when a political trial reaches this Court for review.”

THE TIME MAY BE NOW!

The State of Illinois through first Attorney General Jim Ryan and now Attorney General Lisa Madigan along with incompetent, ignorant, and/or corrupt officials in Illinois Medicaid including Bill Bradley, Investigator Reibel in the State Police, and Patrick Keenan in the State Police Medicaid Fraud Control Unit, with tacit approval by many other corrupt officials in the State of Illinois, have perpetrated a scheme for ten years to deny mental health services for persons on Medicaid in violation of the Federal Medicaid Code. See my other posts on Medicaid on http://illinoiscorruption.blogspot.com/.

In order to falsely advertise that she is “tough on fraud” so that she can advance her personal political ambitions, Lisa Madigan continues to fraudulently and without legal authorization indict outstanding providers of mental health services to Medicaid patients. Judges Schultz, Fox, Pantle, Alonso, and Egan have participated in these void and illegal prosecutions and done great harm to the citizens of Illinois in their illegal acts of violation the United States Constitution, in aiding and abetting this violation of federal law and civil rights.

I have been one of the persons illegally indicted and defamed, presently awaiting trial over a period of four long years. The harm to me, my patients, and my family is immeasurable and painful. I have persistly legally and appropriately through the legal process of at first representing myself and filing scholarly motions proving that higher court precedence (stare decisis) does NOT PERMIT this kind of persecution for political gain, and that my case is null and void ab initio (from the start).

I have been punished for vigorously advocating for my constitutional rights to redress of grievances and due process (including the right not to be tried for something that is not a crime) for four years with four incarcerations for contempt (two thrown out by the Illinois Appellate Court – pepetrated by Dishonorable Judge Pantle), one presently before Hon. Judge Coar in federal district court on a habeas corpus petition (asking the court to vacate and expunge the conviction on the basis of violation of constitutional rights and voidness – pepetrated by Dishonorable Judge Pantle), and one in limbo – dismissed for want of prosecution, but potentially can reinvigorate the appeal later (perpetrated by Dishonorable Judge Alonso).

I have been beaten, tortured, and medically neglected during these incarcerations and when I protested, a correctional officer, Sgt. Anthony Salemi, came into my cell and committed assault and battery against me. He falsified his records and I was charged and convicted of aggravated battery to an officer for allegedly “ramming him with my wheelchair” causing a skinned shin, and “kicking him in the chest with my RIGHT leg” causing soreness. This was impossible for me to do do to a partial RIGHT hemiparesis and extreme weakness secondary to dehydration caused by mendical neglect. I was sentenced to two years despite no criminal record and was released from Dwight penitentiary after being tortured on March 31, 2008. I was punished and placed in solitary confinement for 6 months because I refused to walk (I was unable to due to my disability) and forced to swim in my diarrhea on a 2 inch mattress with no sheets or clothes for days, except for a roughly quilted velcro smock and blanket, without toilet paper, without water (I was too week to get myself up to the water fountain at the sink or the toilet). The United States Attorney has been informed and so far has done NOTHING! My weight dropped from 171 lbs to 127 lbs and by the time I was released I couldn’t even sit up because of severe dehydration, and electrolyte imbalance. I was immediately taken to an emergency room and treated. The incompetent and barbaric sadists and psychopaths in Dwight’s medical department had insisted I was faking my medical problems.

Due to my protests, all reasonable and responsible and polite, I have been illegally and immoraly denied self-representation by Judges Pantle and now Alonso without legal authority in violation of my constitutional rights. I am being prosecuted for political reasons as a whistle blower. I testified against now convict and ex-Governor George Ryan in a class action suit for illegally denying 73 million dollars in funds for the care of handicapped children. I have won suits against Sheriff Sheahan in C[r]ook County for violating the American with Disabilities Act. I have won suits against the State of Illinois for failing to investigate barbaric and illegal abuse of mental health patients/inmates at Cook County Jail, and I have numerous pro se civil rights, mandamus, and injuctive suits pending in federal and state court against these corrupt officials. I am a target of the corrupt cabal in Illinois and C[r]ook County.

Justice Douglas in Illinois v. Allen, 397 U.S.337 wrote the following in a concurring opinion, which is very much on point. My case is ripe for Hon. Juge Coar to address in this manner in the federal district court. It is a political case! This quote, by Justice Douglas in his opinion, about Penn is fascinating and you everyone should enjoy it!.

HOWEVER IT IS SAD THAT IN THE 21ST CENTURY IN ILLINOIS, CITIZENS WHO ARE DOING NOTHING BUT PROVIDING MUCH NEEDED MENTAL HEALTH SERVICES TO THE NEEDY, WHO HAVE DEVOTED THEIR LIVES TO SERVICE, AND WHO VALUE OUR CONSTITUTION, ARE STILL THE TARGET OF POLITICAL ATTACKS IN A MOST VICIOUS AND BRUTAL MANNER!

THIS IS WHY I ASK FOR THE HELP OF THE PUBLIC TO FUND MY DEFENSE AND TO HELP ME CONTINUE TO HELP OTHERS DEFEND THE CONSTITUTION. See link at the right on this blog if you wish to help.
________________________________________________________________________
QUOTED FROM CONCURRING OPINION BY JUSTICE DOUGLAS IN ILLINOIS V. ALLEN, 397 U.S. 337 (1970):

Our real problems of this type lie not with this case, but with other kinds of trials. First are the political trials. They frequently recur in our history, [Footnote 2/2] and, insofar
as they take place in federal courts, we have broad supervisory powers over them. That is one setting where the question arises whether the accused has rights of confrontation that the law invades at its peril.

In Anglo-American law, great injustices have at times been done to unpopular minorities by judges, as well as by prosecutors. I refer to London in 1670, when William Penn, the gentle Quaker, was tried for causing a riot when all that he did was to preach a sermon on Grace Church Street, his church having been closed under the Conventicle Act:

“Penn. I affirm I have broken no law, nor am I Guilty of the indictment that is laid to my charge, and to the end the bench, the jury, and myself, with these that hear us, may have a more direct understanding of this procedure, I desire you would let me know by what law it is you prosecute me, and upon what law you ground my indictment.”

“Rec. Upon the common law.”

“Penn. Where is that common law?”

“Rec. You must not think that I am able to run up so many years, and over so many adjudged cases, which we call common law, to answer your curiosity.”

“Penn. This answer I am sure is very short of my question, for if it be common, it should not be so hard to produce.”

“Rec. Sir, will you plead to your indictment?”

“Penn. Shall I plead to an Indictment that hath no foundation in law? If it contain that law you say I have broken, why should you decline to produce that law, since it will be impossible for the jury to determine, or agree to bring in their verdict, who have not the law produced by which they should measure the truth of this indictment, and the guilt, or contrary of my fact? ”

“Rec. You are a saucy fellow; speak to the Indictment.”

“Penn. I say, it is my place to speak to matter of law; I am arraigned a prisoner; my liberty, which is next to life itself, is now concerned: you are many mouths and ears against me, and if I must not be allowed to make the best of my case, it is hard, I say again, unless you shew me, and the people, the law you ground your indictment upon, I shall take it for granted your proceedings are merely arbitrary.”

“Rec. The question is whether you are Guilty of this Indictment?”

“Penn. The question is not whether I am Guilty of this Indictment, but whether this Indictment be legal. It is too general and imperfect an answer, to say it is the common law unless we knew both where and what it is. For where there is no law, there is no transgression, and that law which is not in being is so far from being common that it is no law at all.”

“Rec. You are an impertinent fellow, will you teach the court what law is? It is ‘Lex non scripta,’ that which many have studied 30 or 40 years to know, and would you have me to tell you in a moment?”

“Penn. Certainly, if the common law be so hard to be understood, it is far from being very common; but if the lord Coke in his Institutes be of any consideration, he tells us, That Common Law is common right, and that Common Right is the Great Charter-Privileges”

“Rec. Sir, you are a troublesome fellow, and it is not for the honour of the court to suffer you to go on. ”

“Penn. I have asked but one question, and you have not answered me; though the rights and privileges of every Englishman be concerned in it.”

“Rec. If I should suffer you to ask questions till tomorrow morning, you would be never the wiser.”

“Penn. That is according as the answers are.”

“Rec. Sir, we must not stand to hear you talk all night.”

“Penn. I design no affront to the court, but to be heard in my just plea: and I must plainly tell you that, if you will deny me Oyer of that law, which you suggest I have broken, you do at once deny me an acknowledged right, and evidence to the whole world your resolution to sacrifice the privileges of Englishmen to your sinister and arbitrary designs.”

“Rec. Take him away. My lord, if you take not some course with this pestilent fellow to stop his mouth, we shall not be able to do anything tonight.”

“Mayor. Take him away, take him away, turn him into the bale-dock. [Footnote 2/3]”

The Trial of William Penn, 3 How.St.Tr. 951, 958-959.

The panel of judges who tried William Penn were sincere, law-and-order men of their day. Though Penn was acquitted by the jury, he was jailed by the court for his contemptuous conduct. Would we tolerate removal of a defendant from the courtroom during a trial because he was insisting on his constitutional rights, albeit vociferously, no matter how obnoxious his philosophy might have been to the bench that tried him? Would we uphold contempt in that situation?

Problems of political indictments and of political judges raise profound questions going to the heart of the social compact. For that compact is two-sided: majorities undertake to press their grievances within limits of the Constitution and in accord with its procedures; minorities agree to abide by constitutional procedures in resisting those claims.

Does the answer to that problem involve defining the procedure for conducting political trials or does it involve the designing of constitutional methods for putting an end to them? This record is singularly inadequate to answer those questions. It will be time enough to resolve those weighty problems when a political trial reaches this Court for review.
_______________________________________________
[Footnote 2/2]
From Spies v. People, 122 Ill. 1, 12 N.E. 865, involving the Haymarket riot; In re Debs, 158 U. S. 564, involving the Pullman strike; Mooney v. Holohan, 294 U. S. 103, involving the copper strikes of 1917; Commonwealth v. Sacco, 255 Mass. 369, 151 N.E. 839, 259 Mass. 128, 156 N.E. 57, 261 Mass. 12, 158 N.E. 167, involving the Red scare of the 20’s; to Dennis v. United States, 341 U. S. 494, involving an agreement to teach Marxism.

As to the Haymarket riot resulting in the Spies case, see 2 J. Commons and Associates, History of Labour in the United States 386 et seq. (1918); W. Swindler, Court and Constitution in the Twentieth Century, cc. 3 and 4 (1969).

As to the Pullman strike and the Debs case, see L. Pfeffer, This Honorable Court 215-216 (1965); A. Lindsey, The Pullman Strike, cc. XII and XIII (1942); Commons, supra, at 502-508.
As to the Mooney case, see the January 18, 1922, issue of The New Republic; R. Frost, The Mooney Case (1968).

As to the Sacco-Vanzetti case, see Fraenkel, The Sacco-Vanzetti Case; F. Frankfurter, The Case of Sacco and Vanzetti (1927).

As to the repression of teaching involved in the Dennis case, see O. Kirchheimer, Political Justice 132-158 (1961).

[Footnote 2/3]
At Old Bailey, where the William Penn trial was held, the baledock (or baildock) was
“a small room taken from one of the corners of the court, and left open at the top, in which, during the trials, are put some of the malefactors.”

Oxford Eng. Dict.


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