Or do you just not have recourse?
I'm a serial litigant and I should have sued. You have a one year statute of limitation on most torts here in Illinois, so I've blown past that, but on federal constitutional violations the SoL is 2 years, so I could still sue for that and get relief. I'll have to think about it since I am very weary and litigation takes literally years, and often more than a decade. I'm years into litigation with the same police dept. right now about another constitutional violation and it is just 100-page motions each way every month and it gets very tiring. Millions of dollars of lawyer fees just to avoid paying $10K settlement on a case they have already lost.
I'm way out of my depth, but maybe you could reach out to victim's advocacy groups (you might very well have already!) to get some measure of support and guidance. As you mentionned, the SoL is limiting for your case, and it could be a good idea to see if you could file something and delay it until the other litigation is done. Again - I'm as out of my depth as can be.
Also - just a thought - maybe you could reach out to news outlets or legal oriented content producers (Legal Eagle, Attorney Tom and the likes). The story you told here is harrowing and most journalists would jump on it right away, which could possibly be helpful, but it adds a lot to your plate.
Wish you all the best going forward.
You also reminded me that I never heard back from any of the misconduct investigations I started against the various officers. I will FOIA now and update. There was one incident where I was walking out of jail and two officers from another jurisdiction, operating outside of their legal authority, cuffed me up, without any arrest warrant and put me in jail and I was held for over three years on that one alone. I want to see what the reports on that one say. I also filed one against the sheriff as I found an old law which says it is a crime if the sheriff does not provide detainees with three hot meals a day, and yet we only got one a day. It is literally a crime. But how do you report a police officer committing a crime? It is practically impossible, especially when he is the guy in charge.
(Guards who are overworked and underpaid)
Who brings them in? Possibly guards but visitors can also bring in a lot. Pretrial detention is tougher. The drugs are brought into prison and then smuggled into pretrial detention.
Edit: I'd never seen anything except weed before I went to jail. Inside jail I saw and was offered every single drug known to man in whatever quantity I wanted.
"TBS" is "prison with psychiatric care". It's a bit complex because you first get your punishment (prison term) and then after that additional TBS treatment (until you're "safe to be released", basically).
I'm not claiming this is representative for Europe, or even the rest of the Dutch prisons. However, everything else I've seen over the years from most European countries gave me the impression the average is closer to that than what I've seen/heard from US prisons.
Solitary confinement on its own is already controversial enough, but being pushed in a cell naked and literally nothing to do?! What the actual fuck?!
It was my impression that, under the US system, those convicted of crimes related to drug use are very often required to go to therapy.
Even talked to one of the highest person in charge. Can you proof that you are a US citizen? Let me call my embassy. They did not allow this. I suggested they call the embassy but they rejected this.
I even wrote to my judge a complain and he said there "is no reason for this". I have it in writing.
There is an international treaty (Vienna Convention) that requires governments to inform arrestees of their right to speak to their embassy. The problem is that treaty violations aren't really enforceable without an underlying local statute to implement them.
It was only recently that Illinois made it a statutory requirement to implement the treaty by adding "(b-5) This subsection is intended to implement and be interpreted consistently with the Vienna Convention on Consular Relations, to which the United States is a party." to their arrest law:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=0...
"There is an international treaty (Vienna Convention) that requires governments to inform arrestees of their right to speak to their embassy. The problem is that treaty violations aren't really enforceable without an underlying local statute to implement them."
Well, a diplomatic protest note from the US embassy would have worked wonders to the careers of the people involved in this clusterfuck.
In one case, the judge referred to the American punitive system as "medieval"
https://www.theguardian.com/society/2023/sep/05/germany-refu...
The first time I did 10 days for a non-crime. I had my trial on day 9, was found not guilty and released the next day back to population. That's some Alice in Wonderland shit right there -- do the time, then maybe do the crime?
For a few of those categories, and for anyone who’s never experienced it, this may sound like a benefit—or at least somewhat preferable to the risks one might otherwise face in the general population. But for anyone struggling with a mental health condition, or who might not be aware of what category they’re in or how long they might be there, the conditions can frequently be an unbearable psychological burden on top of what is almost certainly an already frightening and traumatic situation.
I had a cell that measured roughly 9’x4’, but because of the service column and toilet, there was not a single place where I could stand or lie down and stretch my arms out fully without encountering an obstacle. This was where I spent 23-hours of every single day I was there. The other hour was spent in a larger cell at the end of the hall with a shower and a payphone that cost my family $20 for every 15-minutes to speak with me. No windows, no daylight, no respite. The Chaplin brought a book cart around every few weeks from which you would be given something at random. Anything worth reading you could easily finish in a few days, even if pacing yourself. If you’re unlucky, you just get some Scientology bullshit. Until the very last day I was there, I had no way of knowing when I would get out. My attorney told me it could take more than a year to get to a trial. My family could not afford my bond. It wasn’t until a second surprise bond hearing 3-weeks later that I would be given an opportunity for relief that was within reach. The not knowing, the endless hours to spend with spiraling thoughts and no distractions, it’s the purest despair imaginable.
It’s one of many indefensible features of our justice system that needs to be consigned to the dark details of America’s ongoing history of atrocities.
[1] Whether you’re charged with a crime while also providing witness testimony against another inmate or that is deemed particularly vital, or the crime you’re accused of is particularly noteworthy or likely to motivate violence against you (inmates read newspapers, and word will generally spread of anyone who’s in for anything newsworthy), etc..
Most people have a terribly broken mental model and complete misunderstanding of the criminal justice system in America. It simply doesn’t touch most people, and they got all of their “knowledge” of it from mass media, which perpetuates the completely mythological concepts that people carry about it.
Then again, maybe not. The idea that prisoners get raped in prison is widely held and nobody seems to find this to be that much of a problem.
Worse. People seem to think it's part of the punishment. They want it to happen.
Solitary is designed as "prison within prison." It is for offenses committed inside jail or prison. Because you are already confined and fucked-up in prison they have to have somewhere even more confined and fucked-up for you to go if they don't like what you do. Obviously when you're in solitary there is nowhere lower for you to go, so all they can do then is mess with your head.
Last year I was put in solitary confinement in a jail for violation of a jail rule, even though I was living at my home. I think this is perhaps the first time that has happened in US history?
I had sent a magazine to a friend in the jail. The jail alleged that it must have drugs on it because it smelled funny. It didn't. It was just the fresh ink. They charged me with two jail infractions "Abuse of the mail" and "Endangerment of public safety". Two offenses that are published nowhere. And certainly would only apply to someone who was already inside the jail, not someone living at home. A newspaper got hold of the story and asked the jail if they had done any tests on the magazine, which of course they had not.
After a week of me writing grievances they eventually released me from solitary, realizing they had grossly violated my constitutional rights.
Edit: Just to note, all my times in solitary were for activism; taking on my jailers for their misdeeds and unlawful activities.