Sean Proposes Settlement of Lawsuit

Sean and various ODRC have been in a lengthly legal battle following the A12M frame up.

After someone anonymously released the defendants’ and Judge’s personal info on the internets, Sean is proposing that the lawsuit be settled before things get out of hand.

Find the scan of his letter here.


June 8, 2015

Dear Mr. Kerger:

In the light of recent events, I think it is necessary for everyone involved in this situation to recognize that we have reached a precarious stage where neither defendants nor I have any way to determine what will happen next. The posting of Judge Pearson’s home address is a signal that we have reached a point where persons or property could come to harm, and therefore, I think, we have to be ready to make concessions in order to resolve this situation once and for all.

I have devoted myself to constructing a framework for defendants and I to resolve this case to the benefit of everyone involved, including Judge Pearson. I send a copy to you and to Ben Turk. Please review and provide copies to defendants and to Judge Pearson since she is directly impacted by resolution of this case.

I hope this schedule is acceptable to defendants. I hope they will present a counter-proposal for us to review quickly, as we do not know what will happen next, nor when it will happen.

With regard to the level 2 prison to which I am transferred, I would suggest that Marion Correctional is optimal. First, Marion has a “zero tolerance” for misconduct which assures defendants that I will be on my best behavior. Additionally,Marion has the broadest assortment of programs, including religious programs to which I can avail myself, since my conversion to Islam in 2013.

By this proposal, we make a number of concessions that we are not legally required to make, to include purging objectionable materials from the website and voluntarily submitting my writings for approval prior to publication. I believe this is necessary because, ultimately, what matters is resolving this case to the benefit of everyone before something happens that cannot be undone.

I hope this schedule is acceptable.

Thank you for your kind consideration,


Sean Swain

Prison Reg. A243205


P.O.Box 45699

Lucasville,Ohio 45699

c: Ben Turk

Proposed Schedule for Resolution

Immediately: My June 11th statement which prison officials found objectionable is withdrawn from the website. The conduct report written by Inspector Paul Shoemaker is withdrawn. Communications mediums are restored to facilitate my compliance with these terms and Ben Turk’s communications and visiting privileges are restored.

One Week From the Date This Proposal is Presented to Defendants: Ben Turk and defendants identify all materials that make mention of the Army of the Twelve Monkey’s, the disciplinary process at Mansfield, prison conditions during that process, the communication bans that followed, and criticisms of prison officials involved in the Twelve Monkey pretext, for removal from the site.

Also, I compose an open letter for posting that requests removal of personal/sensitive information online, and that those who support my eventual release refrain from future postings, considering the impact it will have on my parole considerations.

One Week Later: Director Mohr reverses, without prejudice, the disciplinary cases challenged in this action. Upon receipt of those reversals, the objectionable materials purged from and the open letter is posted. Plaintiff’s counsel files a motion in limine requesting voluntary dismissal of civil action on condition that defendants do not rehear the disciplinary cases but instead hold a security review to adjust security downward,beginning with the 2013 review, absent the reversed cases.

As Soon as Practicable: I am transferred to a level 2 facility. From my arrival until September 1,2016, all of my writings for publication will voluntarily be submitted for prior approval to prison officials.