Paul's Affidavit of Prison Conditions and Retaliation in TDCJ

Statement/Affidavit of Paul Bailey

I was brought to the Montford facility of T. D. C. J. on Friday July 12, 2013 at approximately 7 p.m. After having my third disagreement with the medical staff concering their continual attempts to manipulate my medication, in particular my weekly injections of testosterone, at Formby.

The problem has in fact now accumulated to the fifth such disagreement and/or verbal and written altercation, beginning with my arrival at the Middleton Unit, and the latest such attempt by the medical staff at the Formby unit. It was the Formby Unit's medical staff that facilitated my transfer to the Montford Unit, and orchestrated an unqualified request.

I have decided to document the series of events for both legal purposes, and my readers in a combination “Post” on Friscopaul and to properly document with the appropriate authorities of responsibility, within T. D. C. J., all of the pertinent events accurately. Therefore I now make the following statement for the official record as a precursor to any legal action I may take in the immediate future, to provide clarity as to the events that have led up to what only be perceived as retribution upon myself by the staff of T. D. C. J., because of my repeated attempts to insure that my medical requirements, as provided by competent and qualified medical doctors/specialists while I have been incarcerated, at the direction of the Endocrinology Department of Parkland Hospital, Dallas, for the State of Texas (authorized and recognized provider by the State, highly accredited).

I shall attempt to provide T. D. C. J. with a copy of this statement to my assigned physician/psychiatrist Dr. McDonald, to insure fairness in my attempts to follow the assigned method of protocol as my “grievance(s)” have not been all responded to in a timely matter as prescribed in the “Offenders Handbook”!

Also, it is my intention to perpetuate my own “grievance” into a much needed Class Action Lawsuit, in order to provide relief to the numerous prisoners within T. D. C. J., in but not limited to, the units at Middleton, Formby and now to include the Montford unit; because of their, not having moved me to the “Medical” part if the Montford Unit from the psychiatric section even after being sent here under false pretenses and a proper evaluation pertaining to my psychiatric condition in accordance to my not threatening physical harm to another offender, and/or staff member or having attempted to harm myself.

Therefore, it is the aforementioned paragraph that defines the premise for my filing for a legal remedy, on behalf of myself and whoever may be deemed as an appropriate harmed plaintiff.

Furthermore, although this legal remedy may name Dr. McDonald as my responsible and/or evaluating psychiatrist, he is not deemed to have been a party to the obvious retaliation on myself or others having attempted to cause me grave harm to my physical well being and/or cause of cruel and unusual punishment, nor is Melanie Sandoval of the Formby Unit. Dr McDonald being at the Facility at Montford, neither Sandoval or McDonald are and/or will be defendants in this legal process.

Set forth are the particulars as the events that “accentuate” this claim of cruel and unusual punishment retaliation by members of T. D. C. J. staff, and violation of my civil rights to proper medical care as provided by both The U. S. Constitution and State of Texas Constitution and/or Bill of Rights. No claim is made at this time pertaining to the particulars that may more properly define the violations of law and/or infringements made on my person, be they civil or criminal! A proper discovery and/or testimonies will be required to ascertain the depth of contribution and/or violations by the particular staff, officials and/or medical providers will ultimately be required via proper legal venue.

It is necessary to first preface the vital importance to my needing, (having been substantiated by numerous endocronologist and internists), testosterone injections as an ongoing medical treatment, as prescribed after proper medical and laboratory procedures, for the rest of my life. My condition is “testicular atrophy” caused by an inguinal hernia strangulation. My testosterone production for all intents and purposes is nil! There are numerous medical evaluations that document this fact “Testicular atrophy” means essentially that my body no longer produces testosterone on its own, a vital hormone that perpetuates further proper hormonal functions required by many other hormonal/organs in “harmony” to insure an overall healthy body. The improper amount produced by the body and/or the interruption of the proper medically induced dosage via injections faclitates a substantial loss of proper bodily functions, including both physical stamina and mental alertness as well as possible death.

The aforementioned within itself should alert the medical staff at T. D. C. J. that my prognosis is one that requires due diligence in maintaining what QUALIFIED medical specialists have already diagnosed and prescribed. Certainly no LVN, RN and/or PA is qualified to ascertain the level and/or treatment consistency required. Yet T. D. C. J.'s medical staff of only LVN, RN and/or PA has attempted and actually accomplished altering my prescribed dosage multiple times! A certain notation must be made that “testicular atrophy” is not reversable, and can only be rteated by supplementation/injections for the remainder of my life!

T. D. C. J.'s medical staff has altered, discontinued and attempted to fool me with an injection that was a hoax (being an empty and/or very minimal amount syringe used in an injection). The original prescribed dosage of, 1 cc of 200 mg/per ml testosterone cyprionate per week was first changed to 4 cc 100 mg/ml injections per month, to 100 mg/ml injections weekly, then interrupted of various times not yet specified, is in fact still one half (½) the amount prescribed by Parkland Hapdad!

The repeated attempts by T. D. C. J.'s medical staff to reevaluate my prognosis improperly with “lab tests” prompted a vile and unsolicated altercation upon myself by Officer Ginkinker at the Formby Unit and has since perpetuated numerous retaliation acts upon myself that violates multiple civil rights and are the subject of unanswered Grievances filed by myself. Grievances that shall require particular scrutiny and depositions to properly fetter out all of the specifics involved in the forthcoming legal action to be filed by this prisoner in the future. No final declaration as the length and or merit of the aforementioned civil or criminal violation perpetrated on myself, Paul Clarence Bailey T. D. C. J. #01833504, nor are they limited to improper medical care, retaliation and/or cruel and unusual punishment are yet declared.

Furthermore, it is the position of this Pro se Defendant that these actions are deliberate by The State of Texas to cause and/or facilitate my ability to coherently defend myself by purposely causing loss of physical and mental alertness and/or stamina facilitating a further gross injustice upon myself to cover up multiple malfeasance and perpetuates any and/or all acts of malicious prosecution!**

After being shackled and chained in restraints that were excessive painful for a 1 ½ hour drive, I was forced to sit outside on a hot van for another 30 minutes. Then I was stepped to my boxer shorts and handcuffed to the mental admittance desk then thrown in a cell with nothing on (naked) with only steel bed and concrete floors for the 1st day then three more days with only a blanket that would barely go around me. No pillow in a cold room I waited 3 days till the psychiatrist asked me “Why are you here?” His assessment was the same as mine. Retaliation... because I insist on “trying” to speak for justice. They hoped to affect my mental alertness for insisting on my rights to oral arguments!

It is imperative that I emphasize that my being sent here erroneously is not at all an actuality, as since arriving, I have been told by other prisoners and staff that it is often done to prisoners as a means of retaliation and/or punishment. One must conclude, however, that it is done only as a recourse when no other viable option remains within the confines of proper T. D. C. J. guidelines. In other words, it is a course of action taken to punish someone that has successfully lodged a legitimate complaint that does not allow for disciplinary actionsw taken against the prisoner and the staff has no other way in order to vent their frustration and/or anger being properly admonished for violating a prisoners rights!

When a prisoner does not respond in an aggressive manner to loud vulgar language, a staff member getting directly in the face of a prisoner threatening him/her physical harm and/or being segregated in lock-up, they commonly use a trip to Montford Psychiatric facility as a means to extract pleasure/relief for three frustration of not being able to provoke a prisoner into an actual physical altercation. Altercation that no prisoner can possibly win as they are pepper-sprayed, clubbed and/or physically slammed to the concrete floor (mostly after being handcuffed) by multiple officers, if not at least and/or also put in solitary confinement or have their privileges revoked, such as commissary, outside recreation and/or telephone.

When sent to the Psychiatric facility a prisoner automatically loses all privileges, regardless! If, and until I am transferred, it is now entering 7 days since arrival and I have no means to communicate via phone, no commissary (and pork is served often in ones cell, with no options offered to me yet as a Messianic Jew). Commissary is imperative to my health as a food source. As a pro se defendant, being able to communicate concerning my day to day legal responsiblities is absolutedly necessary.

This obvious retaliation, I reiterate, is a gross violation of my civil rights. I have requested daily as to my transfer to “The Ward” and/or medical section where I can have access to all of the above, but have yet not been accommodated and fear the retaliation goes on in spite of Dr Armstrong's attempts to remedy the situation. I am confident that though the staff here (Montford) may attempt to remedy the situation they may not be able to, leading me to return to Formby's wrath! Thus accomplishing their intended retaliation!

**I, Paul Clarence Bailey TDCJ # 01833504 attest to the accuracy and truthfulness of this statement/affidavit. The premise of my action will be “Malice Intent” and carries no protection under “official immunity”.