Tag Archives: lawsuit

ODRC Fuckweasels Snub Anarchist Prisoner’s Peace Plan, Claim No Concern for Escalation of Conflict

Ohio Assistant Attorney General Thomas C. Miller, legal counsel for the ODRC fuckweasels in Sean Swain’s civil rights action, did an about-face. In a phone conference with Sean’s lawyer, Richard Kerger, Miller has rejected Sean’s proposed terms for resolution of this ongoing conflict.
Not long ago, Judge Benita Y. Pearson’s home address was posted online at blastblog.noblogs.org. Prison officials waged a dirty war against Sean, suspending all of his communications mediums and purging his visiting list. The conflict, it seems, was escalating.

In the midst of this, fuckweasel counsel Tom Miller expressed an urgent desire to resolve the lawsuit, and thereby resolve the ongoing conflict from which the lawsuit arises. Sean’s attorney, Richard Kerger, agreed to set up a telephone conference to negotiate a resolution.

Sean, for his part, conceived of a kind of peace plan, which supporters posted online. By that plan, ODRC fuckweasels would un-do the frame up and thereby put Sean in a position where parole would be possible next July; in exchange, prison officials would have unfavorable references purged from seanswain.org, would have Sean held at a location where incentives would guarantee his continued rule compliance, and would essentially have full control over Sean’s public pronouncements until his parole hearing in 2016. But, most importantly, Sean would attempt to persuade those who anonymously posted Judge Pearson’s home address to delete that posting and to refrain from future such postings of ODRC fuckweasels’ home addresses.

“We were essentially willing to give away the farm and even submit to a stringent regimen of restricting my protected speech,” Sean said. “It was something I was willing to do, given the circumstances. It was a situation where there was a real danger that people could start getting hurt. It would be irresponsible if I didn’t do everything in my power to end the whole situation. So, that’s what I proposed, and what I attempted to do.”

Sean, in good faith, effectively persuaded others to delete Judge Pearson’s sensitive information from online posting… And then came Thomas Miller’s about-face; as soon as Judge Pearson’s address was removed, ODRC fuckweasels resumed a hardline approach and voiced an unwillingness to negotiate.

“It makes me regret using whatever influence I might have to get Judge Pearson’s information removed,” Sean lamented.

As the case drags on, Sean quickly approaches a point of no return. He appears before the Adult Parole Board in July of next year, and Sean will be expected to have been at level 2 security for a year and to have taken programming only available at level 2. So, by refusing to negotiate a resolution to the 12-Monkey frame-up lawsuit, ODRC fuckweasels make Sean’s parole impossible and doom Sean to serve 5 more years in prison– for a crime he provably didn’t commit, based on misconduct that prison officials fabricated.
“Essentially, by refusing to resolve this case and put me where I was supposed to be, if not for their shenanigans, they are inevitably giving me 5 more years in prison. I’ll be serving 5 years for having pissed off prison officials by telling the truth about their crimes online,” Sean said.

With the removal of Judge Pearson’s personal information online, ODRC fuckweasels’ legal counsel no longer seeks to negotiate a resolution, asserting that prison officials have no concern about how the situation may escalate. They do not believe, for instance, that Sean’s supporters out in the free world can obtain prison officials’ home addresses, or that they can post the addresses anonymously. And, if such addresses get posted, there is no evidence that anyone may act on that information.
“Prison officials have no fear of what might happen next,” Sean said. “They’re confident that nothing will happen to them. Until that confidence is proven to be misplaced, prison officials resist reasonable resolution.”
Continue reading →

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.

TEXT:

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,

Sincerely,

Sean Swain

Prison Reg. A243205

SOCF

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 seanswain.org 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.

Updates…

Call in Day…

On Monday we had a call in day to let the Southeast Regional Office of the ODRC know that SOCF staff were already messing with Sean and that we’d be keeping an eye on things. When supporters didn’t just get voicemail, we were told that they’re getting lots of calls and are having a meeting with people from legal services (trainwreck Trevor’s office) about the issue. This means any fuckweaselry that occurs in the near future was either approved and coordinated from the top, or that the ODRC does not have control of its prisons. Both things seem equally possible. They do have a rather atrocious (deadly even) record of keeping SOCF orderly.

Thank you to everyone who made the calls, we think they’ve made a positive difference.

Speaking of evidence for the lawsuit…

During Sean’s recent hunger strike his lawyer filed a restraining order demanding that the ODRC stop interferring with Sean’s access to communication. The judge appointed to Sean’s lawsuit scheduled a hearing on this motion for this Friday, but Beer Bong Tommy is sick with the flu (or maybe he just partied a little too hardy) and they requested a delay til Fri March 6th. So, now we get to see if the fuckweasels can contain their fascistic impulses for even a week, or if they do something really stupid and embarassing even with a hearing scheduled.

Property…

We’re not hearing from Sean as often because phone calls from SOCF are five times as expensive as from OSP. But we haven’t heard that he (or any of the 4A transfers) got his property back yet. We hope to hear more from him soon.

Welcome to Lucasville

From The Final Straw Radio

[NOTE: if you want to support Sean, please send him a letter, or call these people and demand they give him his property and cease all harassment.]

I’ve been wearing the same pair of underwear since Tuesday. That night at three in the morning the warden at the super duper max, Jay “Lowdown” Forshay informed me that I was being transferred to Lucasville. Lucasville, home of the 1993 prisoner uprising, is a psychological September Eleventh for the Ohio prison system. It’s also the prison where ODRC officials attempted to put former prisoner writer Timothy “Little Rock” Reed in order to engineer his death until he gained asylum from Ohio in New Mexico, proving conclusively that Ohio prison officials attempted to murder him.

In the lead up to this transfer prison officials tried several times unsuccessfully to silence me. Blocking phone communication for eight weeks to keep me off the radio, intercepting intercepting postings for SeanSwain.org and communications with counsel who filed a civil action against prison officials on my behalf, and then blocking my video visits to stop me from generating video on the site, which is illegal, not that the laws matter to fascists.

In response I undertook a hunger strike until I was threatened with being tossed in the hole, which is illegal, not that laws matter to fascists. So I began a med strike, and then OSP physician James Kline held me incommunicado with medical isolation, in a torture cell, until I agreed to take blood pressure medication I had refused, which is illegal, not that they care. Continue reading →

The Empire Strikes Back!

Within 48 hours of returning from his forced isolation in the medical wing of OSP, Sean was transferred out to SOCF in Lucasville. Any mail sent to Sean in the last few days is going to be coming back to you. Please re-send it to his new address:

Sean Swain
243-205
P. O. Box 45699
1724 St. Rt. 728
Lucasville, Ohio 45699

Sean called this morning with some information, which we’ve reconstructed here as well as possible. We won’t be getting more solid word from Sean until next week, because they’re holding his property until at least Monday. He’s been wearing the same socks and underwear since they transferred him on Tuesday.

Sean is no longer on hunger strike, he’s taking his pills, he had to to get out of the medical wing and back to general population Sunday night.If he wouldn’t have, he thinks they would have transferred him directly from the medical wing, and none of his outside supporters would have gotten any information about where he went or how to find him.

So, instead they transferred him and the rest of 4A, did a rush job, and gave Sean “special treatment” like failing to give him the same clothes as the other prisoners, putting him in a cell with gaps in the window so freezing wind was whistling in all night, and then turning off the heater when he moved his mattress to lie next to it.
Continue reading →

A12M Lawsuit update.

On September 17th, Rick Kerger filed a civil suit on Sean’s behalf suing the ODRC for violating his civil rights when they targetted him at a participant in the Army of the 12 Monkeys prison insurrection solely based on his anarchist beleifs.

First, we need to thank all of the generous donors for helping make this happen. Kerger isn’t asking for any fee, but the cost of simply filing the lawsuit was $400, and wouldn’t have been possible without support from the @ team accross the country. Thank you.

You can find the full text (the complaint) and all of the exhibits to the lawsuit through these links:

Complaint

Exhibits

We’re awaiting the state’s response, which seems to be approaching it’s deadline. If they don’t file a response soon, or if they do but lose, we’ll win summary judgement, Kerger will be able to get attorney fees, Sean may be able to sue for damages on account of the torture he endured at the hands of ManCI officials, and most importantly, he’ll be transfered down to medium. He’ll be out of solitary confinement at the supermax. Wouldn’t that be nice?

Lawsuit filed!

Today Attorney Rick Kerger filed the lawsuit on Sean’s behalf alleging that ODRC staff unconstitutionally targeted Sean’s free speech and religious freedom in their Army of the 12 Monkeys frame up.

We’ve been working on this for over a year and are really pumped that it has finally happened. Keep an eye out for the ODRC’s response, and the possibility of a jury trial!

You can read the complaint here.

There are also loads of exhibits and evidence, which are mostly on SeanSwain.org somewhere or another. Check out the A12M Frame Up Page to dive into that rabbit hole!