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This summer, we found out that FCI Waseca, a low security Federal prison in Waseca, Minnesota and one of only 7 Federal prisons exclusively housing women, had blocked the Remedy Project intake phone number. Then they started messing with our legal mail. Administrative remedies that we prepared on behalf of women at FCI Waseca to assist them in making civil and human rights claims were leaving our office stamped, certified, and marked as legal mail, only to return in our mailbox a few weeks later. One such incident involved Ms. Young. Ms. Young was experiencing severe medical neglect, harassment from other incarcerated people, and disregard from staff. We sent her an administrative remedy to address her urgent medical issues and personal safety, and it was returned to us twice. On the second return, the FCI Waseca staff included rejection notice. Here is the reason the Bureau of Prisons returned Ms. Young's administrative remedy:
"This item is being rejected based on being determined detrimental to the security, good order, or discipline of the institution, to the protection of the public, or if it might facilitate criminal activity."
This is a blatant, disrespectful, and illegal attempt to restrict incarcerated women's access to legal redress from institutional harm. Below is the body of a letter that we have sent to 16 different targets within the Federal government, Department of Justice, and Bureau of Prisons demanding immediate action against FCI Waseca, and protection for the women incarcerated there. Join us in demanding that the Bureau of Prisons respect the basic rights, humanity, and dignity of all the people they house.
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To President Joe Biden of the United States of America,
We, the student chapters of The Remedy Project, are writing to you today to express our heartbreak over the ongoing suffering of our fellow citizens at FCI Waseca, located in Waseca, Minnesota. As students, we believe in humanity and that all people deserve basic human rights. We believe in our Constitution upholding the rights of American citizens, and those residing within this country. Unfortunately, we are deeply saddened to have discovered that FCI Waseca and other prisons are directly violating our Constitution and basic universal human rights.
We are urging you, Mr. President, to take action and hold FCI Waseca Warden Michael Segal, his staff, and all other FBOP staff members accountable for their shameful and unlawful actions, and we demand that you direct them to cease and desist from their harmful behavior and initiate an investigation into FCI Waseca and all other federal prisons in order to ensure compliance with our First Amendment rights, and our universal human rights.
The Remedy Project is a nonprofit organization and movement led by us students. We stand up for every human being, no matter what crime they may or may not have committed, because everyone deserves basic humanity, dignity, and respect. We work with incarcerated members to assist them in exhausting their administrative remedy process, and we advocate on their behalf. We care about each and every incarcerated person because they are humans, and we are devastated to find the atrocities occurring in many of our federal prisons, but especially at FCI Waseca, where the human rights violations lie in your duty, responsibility and jurisdiction.
We have received many complaints of staff abuse occurring at FCI Waseca, targeted especially against women. While the pure amount of these complaints is overwhelming, the details enclosed have been upsetting for us to read. We fear that the complaints of possible sexual assault and harrasment occuring against women at FCI Waseca are comparable to the mass sexual abuses and violations of the Eighth Amendment at FCI Dublin, an institution which closed in July of this year. Sexual abuse has occurred at more than two-thirds of federal prisons that have held women over the past decade. Under Senator Ossoff’s bill that was recently signed into law, The Federal Prison Oversight Act requires FCI Waseca, and all other FBOP prisons to be investigated and held accountable for the cruel and unusual punishment of sexual assault and harrasment that women are currently subjected to. Unfortunately, after suffering such human rights abuses, women at FCI Waseca and all other federal prisons must partake in exhausting the administrative remedy process to seek relief. We at The Remedy Project assist these women, who have suffered these unbelievable violations of their rights, in their administrative remedy process. However, currently, FCI Waseca is hindering our correspondence with the victims of their sexual abuse, retaliating against victims and preventing us at The Remedy Project from helping them navigate the distressing process of seeking relief.
Our consulting attorneys at The Remedy Project assist us in complying with legal correspondence laws, and allow us to send legal mail (28 CFR § 540.19). As we have worked to assist our fellow citizens in filing their administrative grievances, FCI Waseca and Warden Michael Segal have directly blocked, rejected, and returned legal mail correspondence and therefore halted our communications with victims of their abuse and neglect in the following ways:
U.S. 28 CFR §540.18(a) states that the warden “shall open incoming special mail only in the presence of the inmate for inspection for physical contraband and the qualification of any enclosures as special mail.” FCI Waseca staff and the Warden have become all too familiar with violating this law and infringing on the rights of individuals who rely on our correspondences for their wellbeing. The Waseca Admission and Orientation Handbook echoes this United States law, stating in the section on Special Mail, that “the correspondence will not be read or copied if the sender has accurately identified himself/herself on the envelope as an attorney… and the front of the envelope clearly indicates that the correspondence is special mail only to be opened in the presence of the inmate.” These laws form the basis of foundational knowledge that all staff must keep in mind while handling mail. The fact that staff at FCI Waseca and Michael Segal can deliberately disregard this law is unconscionable.
According to part four of the “General Policy” section of program statement 3420.11, “Bureau employees are governed by regulations in 5 CFR Part 2635” (p. 5). According to CFR §2635.101(b)(5), “Employees shall put forth honest effort in the performance of their duties.” Staff at FCI Waseca and Warden Michael Segal are not putting forth an honest effort in the performance of their duties by intentionally circumventing United States law, Supreme Court Precedents, and BOP rules and regulations in the name of making it impossible for us to communicate with individuals about their rights.
Moreover, 28 CFR §540.18(a) states that the correspondence marked “Special Mail-Open only in the presence of the inmate” may not be “read or copied.” The Warden and staff have no sound basis for violating law in such a way by nefariously copying legal special mail, and not sharing such information with the individual affected.
Legal advice, and advising regarding the Administrative Remedy Program (specifically set up by the BOP) and supported by Program Statement #1330.18 Section 542.16 (a) on “Assistance” is in perfect accordance with the running of FCI Waseca. Staff at FCI Waseca believing that advising on the Administrative Remedy programming is dangerous to good order is a saddening violation of Constitutional principles. In the case of Procunier v. Martinez (1974), the court ruled that censorship of any direct personal correspondence created “incidental restrictions on the right to free speech for both prisoners and their correspondents.” The First Amendment is the founding principle of the United States, and any violation of this right must be intensely scrutinized. Furthermore, the Court also ruled in Procunier v. Martinez (1974) that speech could only be restricted if it furthered a “substantial government interest and was narrowly tailored to further that interest.”. FCI Waseca and Warden Michael Segal have not proven within these guidelines that our legal mail was of “substantial government interest.” Thus, you, Mr. President, and officials overseeing the FBOP must ensure that staff at FCI Waseca cease and desist from continuing to violate U.S. law.
Every incarcerated person is entitled to their First Amendment Rights, and we, the students of The Remedy Project, are absolutely devastated that not only are those rights being violated on a daily basis at FCI Waseca, but that our rights to advocate for the victims of abuse are in jeopardy. This is a threat to our American democracy, and our constitutional rights that protect our freedom of expression. We urge you, Mr. President, to investigate and address these violations of the Constitution and our federal statutes.
Sadly, we have experienced legal mail hindrance outside of FCI Waseca. It is occurring at a large number of federal prisons across the country, and we have received an overwhelming number of opened and returned, rejected legal mail that is properly labeled and identified, cases of censored mail, and restrictions of communications via phone and email. We implore you to investigate FCI Waseca, and all other federal prisons to ensure that they are in accordance with US law and the Constitution. We ask that you, Mr. President, ensure that hindrance in all forms ceases and that FBOP staff begin acting appropriately in accordance with US law, as no action has been taken so far by Colette Peters and regional directors of the FBOP concerning these issues.
We are students advocating and acting in the best interest of our nation. We care about humanity. We ask urgently that you heed our requests, and that you take action to ensure democracy, human dignity, and the rights we are all entitled to as citizens of The United States of America.
This summer, we found out that FCI Waseca, a low security Federal prison in Waseca, Minnesota and one of only 7 Federal prisons exclusively housing women, had blocked the Remedy Project intake phone number. Then they started messing with our legal mail. Administrative remedies that we prepared on behalf of women at FCI Waseca to assist them in making civil and human rights claims were leaving our office stamped, certified, and marked as legal mail, only to return in our mailbox a few weeks later. One such incident involved Ms. Young. Ms. Young was experiencing severe medical neglect, harassment from other incarcerated people, and disregard from staff. We sent her an administrative remedy to address her urgent medical issues and personal safety, and it was returned to us twice. On the second return, the FCI Waseca staff included rejection notice. Here is the reason the Bureau of Prisons returned Ms. Young's administrative remedy:
"This item is being rejected based on being determined detrimental to the security, good order, or discipline of the institution, to the protection of the public, or if it might facilitate criminal activity."
This is a blatant, disrespectful, and illegal attempt to restrict incarcerated women's access to legal redress from institutional harm. Below is the body of a letter that we have sent to 16 different targets within the Federal government, Department of Justice, and Bureau of Prisons demanding immediate action against FCI Waseca, and protection for the women incarcerated there. Join us in demanding that the Bureau of Prisons respect the basic rights, humanity, and dignity of all the people they house.
--
To President Joe Biden of the United States of America,
We, the student chapters of The Remedy Project, are writing to you today to express our heartbreak over the ongoing suffering of our fellow citizens at FCI Waseca, located in Waseca, Minnesota. As students, we believe in humanity and that all people deserve basic human rights. We believe in our Constitution upholding the rights of American citizens, and those residing within this country. Unfortunately, we are deeply saddened to have discovered that FCI Waseca and other prisons are directly violating our Constitution and basic universal human rights.
We are urging you, Mr. President, to take action and hold FCI Waseca Warden Michael Segal, his staff, and all other FBOP staff members accountable for their shameful and unlawful actions, and we demand that you direct them to cease and desist from their harmful behavior and initiate an investigation into FCI Waseca and all other federal prisons in order to ensure compliance with our First Amendment rights, and our universal human rights.
The Remedy Project is a nonprofit organization and movement led by us students. We stand up for every human being, no matter what crime they may or may not have committed, because everyone deserves basic humanity, dignity, and respect. We work with incarcerated members to assist them in exhausting their administrative remedy process, and we advocate on their behalf. We care about each and every incarcerated person because they are humans, and we are devastated to find the atrocities occurring in many of our federal prisons, but especially at FCI Waseca, where the human rights violations lie in your duty, responsibility and jurisdiction.
We have received many complaints of staff abuse occurring at FCI Waseca, targeted especially against women. While the pure amount of these complaints is overwhelming, the details enclosed have been upsetting for us to read. We fear that the complaints of possible sexual assault and harrasment occuring against women at FCI Waseca are comparable to the mass sexual abuses and violations of the Eighth Amendment at FCI Dublin, an institution which closed in July of this year. Sexual abuse has occurred at more than two-thirds of federal prisons that have held women over the past decade. Under Senator Ossoff’s bill that was recently signed into law, The Federal Prison Oversight Act requires FCI Waseca, and all other FBOP prisons to be investigated and held accountable for the cruel and unusual punishment of sexual assault and harrasment that women are currently subjected to. Unfortunately, after suffering such human rights abuses, women at FCI Waseca and all other federal prisons must partake in exhausting the administrative remedy process to seek relief. We at The Remedy Project assist these women, who have suffered these unbelievable violations of their rights, in their administrative remedy process. However, currently, FCI Waseca is hindering our correspondence with the victims of their sexual abuse, retaliating against victims and preventing us at The Remedy Project from helping them navigate the distressing process of seeking relief.
Our consulting attorneys at The Remedy Project assist us in complying with legal correspondence laws, and allow us to send legal mail (28 CFR § 540.19). As we have worked to assist our fellow citizens in filing their administrative grievances, FCI Waseca and Warden Michael Segal have directly blocked, rejected, and returned legal mail correspondence and therefore halted our communications with victims of their abuse and neglect in the following ways:
U.S. 28 CFR §540.18(a) states that the warden “shall open incoming special mail only in the presence of the inmate for inspection for physical contraband and the qualification of any enclosures as special mail.” FCI Waseca staff and the Warden have become all too familiar with violating this law and infringing on the rights of individuals who rely on our correspondences for their wellbeing. The Waseca Admission and Orientation Handbook echoes this United States law, stating in the section on Special Mail, that “the correspondence will not be read or copied if the sender has accurately identified himself/herself on the envelope as an attorney… and the front of the envelope clearly indicates that the correspondence is special mail only to be opened in the presence of the inmate.” These laws form the basis of foundational knowledge that all staff must keep in mind while handling mail. The fact that staff at FCI Waseca and Michael Segal can deliberately disregard this law is unconscionable.
According to part four of the “General Policy” section of program statement 3420.11, “Bureau employees are governed by regulations in 5 CFR Part 2635” (p. 5). According to CFR §2635.101(b)(5), “Employees shall put forth honest effort in the performance of their duties.” Staff at FCI Waseca and Warden Michael Segal are not putting forth an honest effort in the performance of their duties by intentionally circumventing United States law, Supreme Court Precedents, and BOP rules and regulations in the name of making it impossible for us to communicate with individuals about their rights.
Moreover, 28 CFR §540.18(a) states that the correspondence marked “Special Mail-Open only in the presence of the inmate” may not be “read or copied.” The Warden and staff have no sound basis for violating law in such a way by nefariously copying legal special mail, and not sharing such information with the individual affected.
Legal advice, and advising regarding the Administrative Remedy Program (specifically set up by the BOP) and supported by Program Statement #1330.18 Section 542.16 (a) on “Assistance” is in perfect accordance with the running of FCI Waseca. Staff at FCI Waseca believing that advising on the Administrative Remedy programming is dangerous to good order is a saddening violation of Constitutional principles. In the case of Procunier v. Martinez (1974), the court ruled that censorship of any direct personal correspondence created “incidental restrictions on the right to free speech for both prisoners and their correspondents.” The First Amendment is the founding principle of the United States, and any violation of this right must be intensely scrutinized. Furthermore, the Court also ruled in Procunier v. Martinez (1974) that speech could only be restricted if it furthered a “substantial government interest and was narrowly tailored to further that interest.”. FCI Waseca and Warden Michael Segal have not proven within these guidelines that our legal mail was of “substantial government interest.” Thus, you, Mr. President, and officials overseeing the FBOP must ensure that staff at FCI Waseca cease and desist from continuing to violate U.S. law.
Every incarcerated person is entitled to their First Amendment Rights, and we, the students of The Remedy Project, are absolutely devastated that not only are those rights being violated on a daily basis at FCI Waseca, but that our rights to advocate for the victims of abuse are in jeopardy. This is a threat to our American democracy, and our constitutional rights that protect our freedom of expression. We urge you, Mr. President, to investigate and address these violations of the Constitution and our federal statutes.
Sadly, we have experienced legal mail hindrance outside of FCI Waseca. It is occurring at a large number of federal prisons across the country, and we have received an overwhelming number of opened and returned, rejected legal mail that is properly labeled and identified, cases of censored mail, and restrictions of communications via phone and email. We implore you to investigate FCI Waseca, and all other federal prisons to ensure that they are in accordance with US law and the Constitution. We ask that you, Mr. President, ensure that hindrance in all forms ceases and that FBOP staff begin acting appropriately in accordance with US law, as no action has been taken so far by Colette Peters and regional directors of the FBOP concerning these issues.
We are students advocating and acting in the best interest of our nation. We care about humanity. We ask urgently that you heed our requests, and that you take action to ensure democracy, human dignity, and the rights we are all entitled to as citizens of The United States of America.
