Since March 2017, prisoners in Tecumseh Correctional Institution have been forcibly and illegally moved to a housing unit more restrictive than solitary confinement. The creation of Unit 2B was spontaneous and reactionary after a riot at the facility early in the month. It is strategically called a “close management” unit, thereby evading the regulatory oversight of being classified as solitary confinement. The conditions of 2B include 1 hour out of cell each day, and 40 minutes in the yard each week. Prisoners are double-celled, having to spend 23 hours each day in close quarters with another prisoner. On May 23, one man wrote: 

Since I been here in 2B, since March 9th, I’ve been outside 2 times. They recently started letting us outside, 5 at a time on a rotating  basis, it averages out to 40 minutes of yard time once every 4-5 days. Now, myself and my celly alternate, I’ll go outside one time, and then the next available time my celly goes by himself and I stay home. It’s really the only time we get apart from each other but it means we only get to go outside once every 8-9 days for 40 minutes, which ain’t ****. Cats in the hole get one hour 5 days a week so, yeah 40 minutes ain’t ****. Let’s see, we still only get 1 hour out of our cell per day to clean our cell, shower, email, and use the phone. (TSCI prisoner, May 2017)

Additionally, there is no due process for prisoners being assigned to 2B. The rationale for their placement in 2B is previous security threat group activity, but without formal reasoning they are denied an opportunity to challenge this placement. Many prisoners report already being punished for the offenses justifying their assignment to 2B. One prisoner said:

On 7-26-16 I was involved in a staff assault. On 8-2-16 I was found guilty of that staff assault and had 6 months of good time taken. I did 8 months in seg [segregation] before I was approved to be removed…For 21 days I was in general population. Didn’t receive no misconduct reports, didn’t have no incidents with staff or inmates. On 3-29-17 I was taken out of my cell and placed in handcuffs, without being told what for, and taken and placed in holding. While in holding, unit manager of Unit 2 came and told me that I was being moved from housing unit 3 and being placed in housing unit 2B. When I asked why I was told because I “fit the criteria.” I was also told to either move or go to the hole. I chose to move because I felt I had a better chance to fight over here than in the hole. After numerous kites to the wardens I was finally told that I was placed in housing unit 2B because of my staff assaults and would have to program (again) to get back to general population. But like I told the warden, that doesn't make sense. I did my time for that staff assault. I took and completed two programs while in seg. My programming while in seg was the main factor they approved that I be let out of seg and placed back in general population. And the main question I’ve been asking the warden is: if the behavior I was showing while in seg, along with being misconduct report free and participating in and completing two programs was  the main factors of why I was approved to be removed from seg and placed back in general population, and I’ve continued to show that same positive and appropriate behavior, not only while in general population for those 21 days, but up to this day, why do I have to go through another transitioning process? (TSCI prisoner, June 2017)

 

Another prisoner said: 

I’m currently in the hole for my supposed involvement in this last “disturbance.” Though, again, I have no write up so that I may contend my placement in SMU [special management unit]. Unfortunately, my situation is a common one. The director [and] the administration are so desperate to prevent another incident in which their hand will play a huge cause, that they are illegally placing any prisoners with any history of violence in SMU, with their due process rights violated. Even when these prisoners have already been punished for past offenses. You cannot imagine the contempt brewing. Especially when we watch and read the double talk and blatant lies being told to the community. The situation is maddening. And still nobody comes to talk to the prisoners to see for themselves why all this is happening. (TSCI prisoner, June 2017)

 

The ombudsman’s office has conducted its own investigation into 2B and confirmed the statements read above. Additionally, the office's research uncovered disproportionate representation of men of color, as well as the lack of reentry or transition plans for men assigned to 2B. 

 

Prisoners file grievances and petitions daily, following all legal avenues available to them to change the conditions affecting their daily lives. It is only when they are consistently ignored that more drastic measures are taken to be heard. Prisoner protests and other forms of resistance, all actions which are considered security threat group activity, have thus far been the only methods to successfully lead to meetings with wardens and unit managers. Men in Tecumseh Correctional Institution have been pleading since long before the Mother’s Day riot in 2015 for more programming, better living conditions, and more responsive, respectful and humane treatment by NDCS. Mitigating security threats is a matter of addressing these issues promptly and professionally, not increasing control and surveillance. 

 

Please don’t mistake me for a man who complains about his circumstance without doing his best to address the cause…I’ve been down all the avenues and I still endure. My reason is because I believe a human being deserves a higher quality of life even while imprisoned. And according to their mission statement and statements to the community, the people supposedly in authority over our lives do too. (TSCI prisoner, June 2017)

 

To this day I’m still labeled general population. I’ve been over here 90 days and I try to continue to keep a cool head and keep going through the proper channels to see what help I can get. I don’t want to flip out and give them the satisfaction of saying…“See, that’s why he was placed over here.” (TSCI prisoner, June 2017)

 

Call Director Scott Frakes and Tecumseh Warden Brad Hansen immediately, telling them to shut down Unit 2B. 

Reach Scott Frakes at 402-471-2654 and  Brad Hansen at 402-335-5998. You'll hear a series of extension options; press 0 to talk to the operator and ask to speak with or leave a message with the warden.