This is my personal experience being assaulted (or searched, if you prefer) by a dog at the Frackville state prison in East Central Pennsylvania. My story is better told by the letter which follows, but some further explanation is warranted.
I've visited many Pennsylvania prisons over many years. At a few prisons visitors are treated with reasonable respect. Such civil treatment has become much more rare during Jeffrey Beard's tenure as imprisonment boss. Under Beard there's little respect for visitors and no respect at all for the prisoners. In fact, Beard's prison system has no respect for the law or even for common sense. He would do better at Guamtanamo. One of Beard's schemes is to harass visitors with dogs. It's a scheme being used at all Pennsylvania's prisons. The scheme is a way to bully visitors most of whom are women anxious to spend an hour or so with their sons or husbands. Beard's scheme seems aimed at breaking up families which are already strained by imprisonment. He also wants to reduce the number of persons visiting his prisons. They shouldn't see what the places are really like. The lazy guards should have even less to do. You likely remember the scandal at Abu Graib, the torture prison in Iraq. Dogs were used to terrorize mostly innocent young Iraqis. Apparently the specter excited Beard's envy. He started his own dog harassment program. His pretense was that hounds would be used to sniff out drugs. The trouble with that is that, firstly, most dogs aren't really very good at locating illegal drugs. Secondly, in Pennsylvania, dogs aren't supposed to be used to sniff people's bodies - cars are okay, places are okay, but not sniffing Junior's diaper. We tried to draw these facts to Beard's attention. As I've said, he shows little respect for the law. I was personally subjected to what was supposed to be an "air scan" search by a dog when I visited at Frackville. It could have been any Pennsylvania prison. The dog didn't just sniff the air around me. It repeatedly struck my body around my torso. Of course, it wasn't the dog's fault. The assault was by the dog-handler just as much as if he'd used a billy club. Making matters far worse, I was taken into custody to be subjected to the supposed search. For no good reason except to intimidate me, I was locked up in a small area. A clutch of male guards with no work to do, stood around gawking as I was humiliated. Visitors to Pennsylvania prisons should consider my experience as a warning about what kinds of maltreatment to expect. I thought for a long time before I did anything about the incident. At last, I decided to write to imprisonment boss Beard rather than simply filing suit. The letter I wrote follows. Jeffrey Beard, PhD Dear Doctor Beard: While at the Frackville state prison on Saturday morning, 17 February 2007, I was falsely imprisoned and assaulted by a man whom I believe was named Yurkiewicz. He was in company with a gang of accomplices whose names have not as yet been discovered. The assailant and accomplices were/are all state prison guards ostensibly under your administration. If you are competent to rectify these egregious offenses, it will obviate my need to bring action against Mr. Yurkiewicz(?) and Governor Edward Rendell. These incidents occurred soon after the 2007 "Valentine's Day Storm." Because much of I 81 from Harrisburg to Frackville was still closed due to unplowed ice, I traveled by treacherous winding back roads. I was quite agitated and perspired when I finally arrived. This was an inappropriate time to further harass a sixty year-old woman who's been visiting prisons, including Frackville, since 1975. The assault appeared to be timed to make it as stressful as possible. After being questioned, I was escorted into custody/detention and locked in a confined space between locked steel barriers. Though there was no reasonable suspicion that I had committed a crime or that I was then or that I had ever smuggled drugs (as is well known, drugs are actually smuggled by the staff, I was required to sit in a vulnerable position. When I protested, my assailant confided that I should "thank Governor Rendell." I took that admission to indicate that Governor Rendell had instructed that I be assaulted. There was no rational reason for the Governor to give such instructions or to have me assaulted except, possibly in retaliation for the published contents of the website I publish. Or, the guard was using the old Eichmann defense1. Imprisonment-types often use the Eichmann defense to dodge responsibility by shifting blame to their superiors.
I draw your attention to your amusing letter dated 11 April 2006 relating to what you characterized as the "Canine Air Scan program" and to our critical article at http://www.prisoners.com/visitdog.html. The incident I endured was not "air-scan." Nor was it a legitimate search conducted according to the protocol published near the prison's entrance. The dog was induced to repeatedly strike my person in clear violation of state law, see Commonwealth v Martin, 534 Pa 449, 626 A2d 556 (1993). My suit, if necessary, will be a state action making state legal and constitutional claims, not the far less protective federal claims. There was no legitimate reason to intimidate a visitor with the use of a dog. The so-called "ion-scanner" was available. It is well settled that dog-sniff for drugs is notoriously unreliable (less than 74%), see Doe v Renfrow, 451 US 1022 (1981), Brennan dissenting, among other sources. Because of its unreliability, a dog-sniff search of a person's physical body is unreasonable per se. I have a right to the privacy of my body to be free from unwanted touching and contact by humans and animals. Use of a dog can only be rationalized as an act of intimidation. On 9 March 2007, I was again subjected to the dog search. Again I was confined between bars, and required to sit while the dog was instructed to struck me several times around my body. However, on this occasion, I was twice physically struck with the baton of the guard as he instructed the dog to make contact with my body. This is an assault. The conduct of Department of Imprisonment employees was not simply unprofessional and intrusive, it was criminal and tortuous. I will publish this letter and the full course of the suit, if any, on our website along with your reply/excuse, if any. I request that the following evidence be retained for discovery:
I am: Copy: Robert Shannon, Superintendent lEichmann defense: Adolf Eichmann was a Nazi war
criminal. He defended his atrocities by saying that he was only
following orders. |
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