FLOYD PRINCE DB­3313

by Julian Heicklen

Floyd Prince DB­3313 claims to have been assaulted twice, on November 9, 1997, and December 1, 1997, by correctional officers (COs) at the state Correctional Institution (SCI) Graterford. He filed reports with Commissioner Martin Horn. Now the majority of Mr. Prince's property is missing, so he cannot file criminal complaints against the guards. He claims that he has been harassed and that there has been retaliation. He has brought this to the attention of Superintendent Donald Vaughn, Deputy Superintendents Henry Jackson, Deputy Superintendent David Dee Gliemo, and Michael Lorenzo, and also to the Security Department Captain G. Smith and Lt. Matslavick.

Assault of November 9, 1997

According to Mr. Prince, on November 9, 1997, at approximately 9:45 AM, he was being escorted from E-block to the Restricted Housing Unit (RHU) by COs Schwenk, Kilhullen, and Olivarez when CO Schwenk made a racial gesture and called him an "ignorant black nigger." Mr. Prince then called Schwenk's mother a "Dick eating bitch." Immediately thereafter CO Schwenk began choking Mr. Prince. CO Kilhullen grabbed Mr. Prince's handcuffs which were on his wrist behind his back and started punching him in the back. Other guards restrained these two guards. Mr. Prince requested, but was refused, medical treatment. At approximately 12:15 PM, he received a Misconduct Report with the charges of assault, threatening an employee and his family with bodily harm, refusing to obey an order, and using abusive and obscene language to an employee. He was found guilty of all charges by the hearing examiner, Mary Canino, on November 10, 1997, at approximately 13:50 hours. He was sentenced to 60 days in RHU. He appealed the decision on November 13, 1997. The Program Review Committee (PRC) sustained the decision on November 19, 1997. Mr. Prince appealed the PRC decision to Superintendent Vaughn on November 19, 1997. He received no response. He also wrote Deputy Superintendent Jackson on November 20, 1997, but received no response. After several requests, starting on November 9, 1997, he was taken to medical on November 20, 1997, for X-rays. When he did see the doctor (Dr. Wells) 11 days later, he was told that he had muscle spasms in his back and right shoulder.

The guards' version of events is in Misconduct Report 927544 of November 9, 1997, at 9:45 hours. It was initiated by Lt. R. Knauer and COs T. Olivarez and Kilhullen. It is a Class I Cat. #1A Assault, #1N Threatening an employee and his family with bodily harm, Class I Cat. B#7 Refusing to obey an order, Class I Cat C#22 Using abusive or obscene language to an employee. CO Schwenk was ordered to escort DB­3313 Prince to M-block. Upon escorting inmate Prince, inmate stated as we were leaving E-block "Fuck you crackers. I got 36 months til I max. I got time." Inmate was uncooperative during escort and refused several times to slow down. When ordered to stop 3 consecutive times by reporting officer, inmate Prince refused. Consequently he was physically grabbed by the right arm by myself and the left arm by CO Kilhullen. Inmate Prince pulled away stating you don't touch me I'll fucking kill you. As he stated this he kicked reporting officer twice in the left shin. Inmate Prince had to be physically escorted down the hall by DCO officers. During the course of his transport to RHU, Inmate Prince told CO Schwenk that he was going to have his people get me. He stated "You (illegible). You don't know who your fucking with. I hope your cracker mother is getting black cock in her ass!! " Signed by CO I J. Schwenk.

There is an undated Hearing Supplement DC­141 Part IIC from Floyd Prince regarding Misconduct Report 927544. Mr. Prince asks how he could assault the CO when he was handcuffed from behind the back. He was walking with the COs when CO Shwenk made a racial statement towards Prince. Prince told him that his mother is a dick-eating bitch. As they opened the maintenance corridor door, CO Shwenk started choking Mr. Prince while CO Kilhullen pulled Prince by the handcuffs tightening them around his waist. Lt. Knauer and CO J. Fisher witnessed this incident and made them stop harassing Prince physically by grabbing both COs. Mr. Prince admits using abusive language "because it was frustrating knowing that if I would have physically hit the CO, the jail would have pressed charges on me! Yes I said his mother is home sucking a black dick after he called me a fucking black nigger. If anything I was the one being assaulted and I told Lt. Knauer that I wanted to file a criminal complaint."

There is an Inmate Request for Representation and Witnesses DC­141 Part IIA of November 9, 1997. Mr. Prince requests 3 witnesses, of which two of the names are illegible. Presumably these are Lt. Knauer and CO Fisher. The third is CO Majikes, who witnessed CO Schwenk choking Prince. Mr. Prince's request to have witnesses testify at his hearing was denied.

There is a Disciplinary hearing Report 927544 of November 10, 1997, signed by the Hearing Examiner, Mary Canino. It says "Pleads guilty 22, not guilty A1N7. Inmate submits inmate's version. I find for the officer's report over the denial of inmate Prince that Prince said "Fuck you cracker. I got 36 months til I max. I got time." He was ordered to stop several times. He refused. Inmate Prince pulled away stating don't touch me I'll fucking kill you. He kicked CO Schwenk twice on the left shin. He said "I hope you cracker mother is getting black cock in her ass." Guilty A12, A1N, B#7, C#22 60 days 12- 27-97 through 2-25-98.

Mr. Prince filed a Misconduct Hearing Appeal DC­141 Part IIE for Misconduct 927544. He claims the evidence was insufficient to support the decision. He claims he never assaulted anyone. CO Schwenk grabbed him by the throat while he was handcuffed in the back. At this time of CO Schwenk was choking him, CO Kilhullen had him by the cuffs tightening them such that his circulation was cut off. "I did kick (illegible). it was a normal reaction that any human being would have done while being choked. Yes I used abusive language after the COs made a racial comment towards me and told him that his mother is eating a black man's dick. As far as me using the word cock, that's a lie, because in the black man's slang cock means pussy. Anyone being choked while handcuffed in the back and racial comments made toward them is automatically gonna use abusive language. All of this could have been (illegible) if the comment wasn't directed toward him."

There is a PRC Action on the Misconduct Appeal DC­141 Part III 927544 dated November 18, 1997. "PRC sustains the action taken by the Hearing Examiner. No procedural violations noted. The Misconduct Report in and of itself is considered evidence and will be used against the inmate at the misconduct hearing." Signed Mary Ann Williams, Michael Cappo, and John Henschel.

There is an Inmate's Request DC­135A dated November 9, 1997, to Captain G. Smith of Security. It states that on November 9, 1997, Mr. Prince was being escorted from E-block to M-block by 3 COs when CO Shwenk started choking Prince for some unknown reason. Lt. Knauer and CO J. Fisher had to pull him off of Prince and escorted Prince to the hole along with other COs and a lieutenant. CO Majikes escorted Prince and witnessed the incident. Mr. Prince requested that a criminal complaint be filed to the state troopers immediately. There is a response from Captain G. C. Smith of November 17, 1997. It says "Lt. Knauer filed a written report and he did not make any indication that the officers were choking you. CO J. E. Fisher stated that he didn't see anyone choke you. He did report that you were verbally abusive to the officers and were not following orders. CO I Majikes reported that the officers acted properly and that you (Prince) were the party causing the incident while being escorted. This office supports the officers report and the sanctions of the hearing examiner. A report from this office will reflect same. Private complaint form attached if you wish to use it."

Assault of December 1, 1997

According to Mr. Prince, on December 1, 1997, as he was leaving the shower on M-block at approximately 15:10 hours, he was assaulted once again by a guard while handcuffed. As he was leaving the shower Sergeant Earhart punched him in his injured shoulder. Prince asked him the reason for this. The sergeant then gave the COs the orders to jump on him. The guards that jumped him were Olivarez, Scott, Caldwell, and Pblowski. They dragged him to his cell, while kicking and punching him. After he was placed in his cell, he saw Lt. Mash, who escorted him to the medical department. He was seen by Nurse Frances. She took an incident report along with 6 photos of his injuries, 2 each of his lower back, right shoulder, and right forearm, which had a laceration on it. After cleaning the laceration, she told Lt. Mash to take him to the Security Department, so it could witness these injuries. Lt. Mash agreed to do this. However after leaving the Medical Department, Mr. Prince asked Lt. Mash if he would take him to Security, whereupon Lt. Mash said no.

The guards' version of the incident is given in a Misconduct Report by CO II Earhart of December 1, 1997. DB­3313 Prince refused to come out of the shower. When CO Earhart went to the shower and talked to him, he agreed to come out. CO Earhart handcuffed this inmate and removed him from the shower. While being escorted DB­3313 started swinging and kicking and had to be restrained and placed in his cell. Inmate refused to relinquish the handcuffs. After 3 orders, he complied without further incident.

On December 3, 1997, at approximately 9:50 AM, Mr. Prince went to a Disciplinary Hearing for assault and refusing to obey an order. He pleaded not guilty to all charges. Once again Mary Canino, the Hearing Examiner, found him guilty on all counts and sentenced him to 60 days in RHU from February 25 through April 26, 1998. He appealed the decision to the PRC on December 3, 1997. On December 8, 1997, the PRC sustained the decision. Mr. Prince then appealed to Superintendent Vaughn on December 9, 1997. That appeal was answered by Deputy Superintendent David Dee Gliemo on December 12, 1997. Prince then appealed to Harrisburg, but has not received an answer.

Mr. Prince filed an Inmate Version Hearing Supplement DC­141 Part IIC to Commissioner of Corrections Martin Horn dated December 4, 1997. It stated that on December 1, 1997, Sgt. Earhart, COs Caldwell, Olivarez, Scott, and Pblowski attacked Prince when Sgt. Earhart gave the command. Mr. Prince was kicked, punched, and beaten all the way to his cell, reinjuring his right shoulder, back, left wrist, and received a laceration on his right forearm. Upon entering his cell, Lt. Mash entered the unit. Mr. Prince told him that he had been beaten and would like to be escorted to the hospital. At the hospital, he was seen by Nurse Francis where she took a report and several pictures of the injuries. Then she told Lt. Mash to take Mr. Prince to Security so that he could file a report. However Lt. Mash did not take him to Security, but back to RHU. Mr. Prince complains that all of his problems started when he filed a criminal complaint against COs Schwenk and Kilhullen.

Misconduct Hearing appeal DC­141 Part IIE from Mr. Prince for Misconduct No. 927563 (incident of December 1, 1997) is dated December 5, 1997. It is standard procedure in RHU to handcuff inmates behind their backs when being escorted. He claims that he could not swing while handcuffed behind his back. Mr. Prince claims the Misconduct Report was retaliation for filing a criminal complaint.

In PRC Action No. 927563 of December 8, 1997, PRC sustains the action taken by the Hearing Examiner. "No procedural violations noted. The Misconduct Report in and of itself is considered evidence and will be used against the inmate at the misconduct hearing." Signed by Mary Ann Williams, Michael Cappo, and John Henschel.

There are appeals to Superintendent Donald Vaughn on December 9, 1997, and to Deputy Superintendent Henry Jackson on December 11, 1997, for Misconduct Report No. 927563. Mr. Prince mentions that there is no way he could swing if handcuffed behind his back. There is a Superintendent's Decision dated December 11, 1997, on Misconduct Report No. 927563. It states that "Officer reported in the body of the Misconduct that he saw you start the fight." Sustain PRC action. Signed by Superintendent Vaughn on December 12, 1997. There is a Request Response to Floyd Prince dated December 17, 1997, from Henry J. Jackson, Deputy Superintendent for Facilities Management. He advises Prince the inmate handbook includes DC ADM 801, which outlines procedures for appealing misconducts. You will note that I am not included in that process. As such, he forwards correspondence to the Appeals Committee for its consideration.

Missing Property

During all of this Mr. Prince wrote to Sergeant Cox in the property room for his legal material, legal books, and a copy of his property sheet. Sergeant Cox responded that he had no legal material or legal books and only one box of property. Prince submitted an Inmate Grievance to Mary Ann Williams, the Grievance Coordinator. She referred it to Sergeant Cox, who again said the same thing. Mr. Prince appealed that, but as of January 12, 1998, he has had no response.

There is an Inmate Grievance GRA­2979­97 dated December 7, 1997, to Mary Ann Williams, Grievance Coordinator. Mr. Prince says that he placed several requests into Property, Sgt. Cox, asking him to send 3 items from his property concerning legal material. He enumerated the items. On December 5 and 6, 1997, he was sent notices by the property room stating that the property was sent to Mr. Prince, but he still does not have his legal materials. On December 11, 1997, Mary Ann Williams acknowledged receipt of the Inmate Request and says that it will be processed. There is an Inmate Grievance Response GRA­2979Ð97 from Sergeant Cox dated December 7, 1997. It says that a copy of the property slip and inhaler was sent to M-block on November 26, 1997. There is only one box of property in storage for you and that box does not contain legal books and legal material. Sergeant Cox suggests that Mr. Prince write the Unit Manager of the cell block on which he was housed before being sent to RHU.

There is an inmate request of December 18, 1998, to Mr. Murphy, Unit Manager of E-block. Mr. Prince was advised by Sergeant Cox to contact Mr. Murphy, because his property is missing. At the beginning of November, his property was packed by CO Overdorf, because Mr. Prince was given RHU time. When Mr. Prince asked for his legal materials and legal books, Sergeant Cox's reply was that there were none and he only has 1 box of property in the property room. When his property was taken from E-block, cell 371, he had 5 full boxes of property and a TV that was inventoried by CO Overdorf. Mr. Prince would like CO Murphy to find his property, because this is not the first time that his property was missing. The response from Mr. Murphy of January 13, 1998, was that he attached the inventory sheets of your property. "The first one has 4 boxes and a TV, which you signed. The second has the other items which were not packed initially. You kept them while in DC section. Both slips were received and signed by the Property Office."

There is a Grievance GRA­2979­97 dated December 20, 1997, to Mary Ann Williams. This was a second request to her to get his property. No response.

There is a letter to Superintendent Vaughn dated January 14, 1998, about Grievance GRA­2979­97. He is asking about his property which he requested on November 17, 1997. He then goes over all of his attempts and requests to get his property. He points out that if an inmate makes a mistake, he is punished, but if a staff member makes a mistake, nothing is done. He threatens a lawsuit against Mary Ann Williams, Sergeant Cox, and Donald Vaughn. No response.

Subsequent Activity

On December 26, 1997, Mr. Prince was called to the Security Department, where he was seen by Lt. Matslavick, who stated that Commissioner Martin Horn ordered him to conduct an investigation. According to Mr. Prince, Lt. Matslavick was arrogant, because Prince had appealed to Commissioner Horn. Mr. Prince explained to Mr. Matslavick what happened on both occasions, but Mr. Matslavick was very hostile. He tried to get Prince to let the problems go, but Prince would not. Mr. Matslavick is supposed to send his report to the Special Investigating Department at Camp Hill.

There is a letter from Mr. Prince to Jeffrey Beard dated January 2, 1998. He talks about the incidents of November 9 and December 1, 1997. On December 26, 1997, he was interviewed by Lt. Matslavick. Mr. Prince asked for a copy of the interview but Lt. Matslavick said no. Prince's letter is to request a copy of the interview. No response is given.

Final Comments

The guards claim that they did not assault Mr. Prince on November 9, 1997, but the medical report 11 days later said that he was still having muscle spasms. The guards claim that they did not assault Mr. Prince on December 1, 1997, but he was taken to medical, and his injuries were so severe that he was photographed 6 times. The guards claim that Mr. Prince took a swing at them while he was handcuffed behind his back. The Hearing Examiner, Mary Canino, accepted all of this as fact. At one of his hearings, Mr. Prince was denied the 3 witnesses that he requested. His legal material was "lost." Does all of this sound reasonable to you?