This letter was written by a person incarcerated at Vacaville.
Both my friend and I have suffered much retaliation for filing grievances, contacting attorneys and otherwise standing up for our rights.
Specifically, my friend filed two grievances and one staff complaint against a correctional officer. Ten days after my friend filed the staff complaint, correctional officer falsified a rules violation report charging my friend with ‘solicitation of bribery’ in retaliation for my friend’s complaint.
Further several of my friend’s due process rights were violated in her disciplinary hearing. Denied an impartial hearing. Denied right to call friendly witnesses, coupled with hearing officer failure to document such denial. Denial of a fair opportunity to defend herself. Where LIO author of charge was allowed to be present during entire hearing, interrupting both my friend and hearing officer, allowed to participate in disposition phase, including influence hearing officer to cease sanctions against my friend, after correctional officer stated ‘that won’t hurt her’ and hearing officer subsequently did increase sanctions.
My friend was found guilty ‘based on a preponderance of evidence’ where correctional officers’ report was only evidence. My friend is pursuing a state habeas for the RVR, as well as will pursue state torts against correctional officer and 1983 1st Amendment and retaliation claims.
