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Inmates: prison doesn't follow procedure
By The El Paso Times
Published: 07/03/2006

LA TUNA, TX - Inmates held at the various La Tuna federal prison facilities are convinced they have been denied visits, thrown in "the hole" for minor infractions and denied access to the prison law library because they went public with a lawsuit claiming the federal Bureau of Prisons isn't following its own procedures.

Requests for interviews with two of the inmates have been denied twice by La Tuna officials who said it was for the safety of the prisoners. By mail, those inmates have said they want to be interviewed. In that correspondence, they have claimed they are experiencing retaliation for their lawful actions.

"That's just simply not true," said La Tuna spokesman Israel Jacquez. "These guys went to the press. That's their right. ... If we believe a staff member is retaliating against an inmate, no matter how frivolous the allegation may be, it is referred to the office of internal affairs."

Wayne D. Beaman, special agent in charge of the Dallas Office of the Department of Justice's Office of the Inspector General,wouldn't comment on the specific allegations, but said, "La Tuna is a well-managed facility." The Dallas office oversees federal prisons in Texas, Oklahoma, Louisiana and Arkansas, Beaman said.

The inmates' lawsuit claims that the Bureau of Prisons, or BoP, is ignoring its own policies when it houses prisoners in facilities with more severe security measures than are required by the inmates' classifications and when it houses inmates outside a 500-mile radius from the areas where they expect to be released.

However, a convict needs "rock-solid proof" to make a case against the BoP, said Jay Hurst, an attorney and chief of legislative affairs for FedCURE, an inmates' rights group. Hurst had a client in La Tuna -- he recently was transferred to another facility -- who also says he suffered retaliation.

"The Constitution doesn't apply in the federal system any more than it does in the state systems," Hurst said. "It's hard to make a case because you can't get records and you are relying on the testimony of a bunch of 'cons.' ... It's a system-wide culture. As long as the good order and security is preserved, that's what they care about."

Lawrence J. Levine, convicted of possessing counterfeit securities and conspiracy to distribute methamphetamine, filed the lawsuit for himself and others in the system. He and others, including Robert Carter, convicted of mail and tax fraud, have said they are being targeted by officers and administrators because of their actions.

Levine's lawsuit recently was dismissed by U.S. District Judge David Briones after it appeared Levine had failed to respond to a Bureau of Prisons motion to dismiss. However, Levine said he mailed the response and it was lost in the mail or intercepted. He has asked the judge to reopen the case.

Jacquez said the U.S. Attorneys Office is reviewing Levine's claim. Levine said prison officials also have been gradually limiting his access to the law library. Jacquez said everyone has to work their hours unless they can prove they have an impending court date.

"There is no preferential treatment," he said.

Levine said his work assignment originally was in food service because of medical issues, including bulging disks and a heart problem, which require limitations on the amount of walking, standing and lifting. That job allowed time to use the law library, he said.

He says he was switched to ground maintenance, which requires prolonged standing and walking on shifts that coincide with the law library's daytime hours. A week after stories about the lawsuit appeared in the media, Levine says, his education schedule was changed from daytime to evening hours, which limits his evening access.

Levine asked the judge to issue an order directing La Tuna staff to allow him unrestricted law library access, which he argues is required by BoP policies.

Carter says he was subjected to entrapment when he picked up a bag on the floor of the chapel -- which also serves as a visiting room -- containing two white T-shirts and a watch. Those items were labeled as "contraband" by BoP officials who apparently believed someone left it for him.

Carter said the bag wasn't his and said he was taken into custody by officers at the scene before he even had a chance to look inside.

 



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