Gary White and the Terrible, Horrible, No Good, Very Bad Week

(Image by Unknown Owner)   Details   DMCA

Thank you, Joan.  It's been a while, and so much has happened I hardly know where to begin, but the beginning is as good a place as any, and while some things change, it seems the abuse of prisoners just never ends.  And for us, while there have been endless abuses, it all began and continues with medical abuse.

As you know, two years and two months ago, Gary self-surrendered to federal prison, taking with him all of his prescription medications, as he had been directed to do.  All those medications were taken - stolen by prison employees - and that was the beginning of Gary's escalating medical decline, due to the unlawful withholding of his prescription medications and medical treatment, which have been determined by federal courts to be civil rights violations of the 8th Amendment as cruel and unusual punishment.

Tuesday, for example, was particularly cruel and unusual.  Among the effects of Gary's medication being withheld has been the documented rise in his PSA and Gary's documented suffering.  Gary had been diagnosed with prostate disease prior to his imprisonment but, thanks to the care and treatment by his competent physician, Gary was doing well, with no pain, no constant trips to the restroom, and a PSA level of 2 - which is normal, while anything over 4 is high and requires prompt medical attention.  Within seven months of this medical abuse of withholding Gary's needed prescription medication, his PSA had more than doubled and was over 4.  That was documented in April, 2011, right after his release from being illegally locked in solitary confinement for 27 days for no reason and without having committed any violation, as acknowledged by the BOP.  

The prison employees, aware of the documented harm being done to Gary, did nothing about his elevated PSA until, months later, they had Gary re-checked by an outside urologist, chosen by them, of course, who documented the continuing rise in Gary's PSA, then prescribed and recommended the same and exact course of treatment and medication that had been prescribed by Gary's doctor and withheld .  

You might think - great, so he got the medicine he needed - but you would be wrong, thinking as a rational human being, a thought process that doesn't exist at the BOP.  Despite the medical evidence of the harm being done to Gary and despite their own chosen doctor's prescribing Gary be given his medication, they continued to refuse and withhold!  And as our complaints made their way through the system, rather than do the right thing, the prison's employees shifted the problem - and Gary - west to Millington, where he has been for eleven months, where he has continued suffering without his medication for almost another year, with periodic testing and documentation of Gary's ever-rising PSA level.  Four months ago, the last time he was tested, Gary's PSA was over 5.3, and they did " nothing.

Until late Monday, that is, when Gary was notified that he was being taken to an outside doctor Tuesday morning for his prostate problem.  And guess what that doctor prescribed - the same and exact course of treatment and medication that had been prescribed by Gary's doctor and withheld .  This doctor even gave the medication to Gary - put it in his hand! - out of concern that he needed to begin taking it immediately, in an effort to save Gary's health and possibly his life.  Gary was taken from the prison a little after 8:00 and was returned around 2:00, the whole time with nothing to eat or drink, even water, so he wasn't able to take the medication.  

Upon his return to prison, it was like deja vu all over again, with the prison employees again taking the medication from him and telling him he would not be allowed to have it!  Talk about "cruel and unusual", to have possible life-saving medicine right there in his hand after two years and two months, knowing relief would finally be coming and he would begin to feel better, only to have it unexpectedly snatched away.  "Cruel" has been the word used most often as I have shared this with family and friends.  And not just cruel and unusual, but stupid, really.  

After all, the BOP has documented medical evidence that they are harming Gary and violating the law. (And so do we - I like that word "documented".)  Rather than just give him his medication, prescribed by his competent physician, they have had Gary see not one, but two consulting specialists in two different locations, paid for by our tax dollars, and - surprise! - there have now been three doctors prescribe the same medication, and - surprise! - they have withheld and stated their intention to continue to withhold!  For lawsuit purposes, that makes the harm and injuries "aggravated", but that is far secondary to Gary's daily severe suffering and the long-term damage to his health for the past 793 days.

I'm so sorry for your nightmare, Judy. And all this is on top of discouraging news from the courts. What happened this week on that score?

This has been a very difficult week for us.  Having no attorney and with the prison system and its employees doing all they could to prevent Gary from exercising his legal rights, we had managed to file Gary's petition with the Supreme Court.  The Solicitor General then filed, stating he was waiving the right to file a response.  Our petition, it seems, wasn't even worth a response.

  But then something happened that gave us a spark of hope.  The Supreme Court requested a response from the Solicitor General.  We were told that was rather unusual and indicated at least one justice saw something that merited a review.  Even though it was after the deadline and after an additional extension, the response was finally filed, and we filed a reply prior to the Supreme Court conference where they would decide whether to accept Gary's petition.  Monday morning, they posted on their website:  DENIED.  

Very depressing, and even more so when I had to tell Gary.  Also Monday morning the prison employees put the entire camp back on "lockdown until further notice" - in violation of international law prohibiting group punishment.  Poor Gary - wrongfully imprisoned, abused and medically abused, and on lockdown.  What a way to spend the holidays, or anytime, really.  Not just Gary, but all the prisoners are mistreated.  But this "group punishment" is particularly wrong, as it is known to incite violence.  There was just a NY Times article recently about the predictable results of prisoners being made to discipline each other and, if I'm not mistaken, prison employees are being prosecuted.

How was your Thanksgiving, Judy? It was undoubtedly rather challenging to feel thankful when all this is going on.