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November 25, 2008

A Victory in PA: Pittsburgh jury awards $185K to state prisoner

From the Human Rights Coalition---FedUp! Chapter
Andre Jacobs, a captive of SCI Fayette in the PA DOC, was awarded $185,000 in compensatory damages by a jury today for violations of his constitutional rights while being hled in the Long Term Segregation Unit in SCI Pittsburgh in 2003.

Andre represented himself at trial, and prevailed despite being forced to wear a remote-controlled electro-shock stun belt throughout that was controlled by DOC staff. Two of Andre's witnesses testified to Judge Conti that prison guards working the Special Management Unit (SMU) in Camp Hill threatened them for their participation in the case, with both testifying that C/O Uler assaulted one of the witnesses.

In the first of three upcoming jury trials (the other two are scheduled for January and February) in Federal Court, Mr. Jacobs out-lawyered the state's attorneys throughout, eventually winning guilty verdicts against Lt. Gregory Giddens, ex-Captain Thomas McConnel, and Superintendent's Assistant Carol Scire.

Don't believe the hype: Andre never broke the hand of a federal marshal, but rather was beaten unconscious by federal marshals while in cuffs and shackles after he violated a direct order not to speak by having the criminal audacity to tell his grandmother, Elizabeth, that he loved her. To cover up their criminal assault they charged Andre with assault under federal statutes.

Here is an article from the Pittsuburgh although it repeats the same official slander: http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_599980.html
Human Rights Coalition - FedUp! Chapter
5125 Penn Ave Pittsburgh, PA 15224
hrcfedup@gmail.com
www.thomasmertoncenter.org/fedup/

Here's the article....
Pittsburgh jury awards $185K to state prisoner
By Jason Cato
Pittsburgh TRIBUNE-REVIEW
Monday, November 24, 2008

A federal jury today awarded $185,000 to a state prison inmate who represented himself in a civil trial against the state Department of Corrections and several employees.

Andre L. Jacobs, 26, claimed that prison guards at SCI-Pittsburgh illegally confiscated and destroyed about 150 pages of his legal documents after discovering they were part of a lawsuit against them. After deliberating for three days, eight jurors returned a unanimous verdict against two guards and a prison spokeswoman.

The jury found that former Capt. Thomas McConnell and Lt. Gregory Giddens interfered with Jacobs' access to the courts by taking his legal papers. Those men, along with prison spokeswoman Carol Scire, retaliated against Jacobs and conspired to violate his civil rights, the jury concluded. Giddens also defamed Jacobs by harming his reputation and causing mental anguish and humiliation, the jury ruled.

"I didn't ask for any money (at first). I didn't ask for any guards to be punished," Jacobs said last week while delivering closing arguments following a three-week trial before U.S. District Judge Joy Flowers Conti. "The only thing I asked for throughout the whole process was that my legal documents be returned so I could proceed with my legal matters."

The jury exonerated 10 corrections employees, including state corrections Secretary Jeffrey A. Beard.

Department of Corrections officials could not be reached for comment.

Jacobs claimed staff at the state prison in Woods Run in September 2003 confiscated his legal documents from another inmate helping with his case. The next day, Jacobs said guards searched his cell and seized more documents.

He accused prison employees of creating fake documents and conducting bogus investigations to refute his claims against them. Court records show Jacobs was accused of refusing an order, possessing contraband and loaning or borrowing property following the seizures, which resulted in 30 days' confinement.

During an impassioned closing argument, Jacobs urged the jurors to send a message.

"Within the Department of Corrections, prisoners have no voice. Prisoners have no avenue for valid claims or relief," he said. "You are the only voice. You are the only ears for prisoners."

Assistant Attorney General Scott Bradley told jurors that Jacobs was using this lawsuit "as a ploy" to revisit his criminal case by smearing correctional employees.

"If all the defendants were lying, why wouldn't all of their testimony be the same?" Bradley asked. "Why would there be inconsistencies?"

Jacobs, originally from Harrisburg, has been in state custody since 1998, when he was 15 years old, according to court documents. He is serving five to 18 years in state prison. Details of his original conviction are unclear.

He is currently being held at the state prison in Fayette County.

In 2006, Jacobs was convicted of attacking federal marshals inside the U.S. District Courthouse, Downtown, following another civil trial that he lost. Prosecutors said Jacobs used his handcuffs during the March 2005 assault outside an elevator to injure a marshal's wrist. He was sentenced to 17 years and five months in federal prison, to run concurrently with his state time. If he is released from state prison early, he would have to serve out the remainder of the federal term.

Jacobs has two additional civil cases pending against the Department of Corrections and its employees. They are tentatively scheduled to go to trial next year.
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_599980.html

Posted by lois at November 25, 2008 08:32 PM

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