Rights and Policies -

Grievance Rights

What it is (plain talk):
A grievance is basically the prison complaint system. If something is wrong — denial of medical care, retaliation, bad food, staff abuse, illegal confinement — you can’t just sue DOC right away. You have to “exhaust administrative remedies” first, which means you must file grievances in the exact order and timeline the Florida Administrative Code (FAC) requires. If you don’t, DOC will tell a judge “they didn’t follow the rules, so case dismissed.”

On Paper (Rules):

FAC 33-103.005 → Informal Grievances: Filed first, usually on a form given to the officer. DOC must answer in 10 days.
FAC 33-103.006 → Formal Grievances: If the informal doesn’t fix it, you send a formal grievance to the warden. They must answer in 20 days.
FAC 33-103.007 → Appeals: If the formal fails, you appeal to Tallahassee (the State Classification Office or Central Office). They must respond in 30 days.

In Practice (Reality):

DOC stalls responses so your deadlines expire.
They kick forms back with “not on proper form” or “non-grievable issue” to waste time.
They sometimes just “lose” grievances entirely.

Push Back (How to fight):

Always keep a copy or take a photo if possible.
Write the date you submitted it — DOC loves to lie about that.
If unanswered, file a grievance of denial under FAC 33-103.011.
Once you’ve gone through all steps (informal → formal → appeal), you’ve “exhausted remedies.” Now DOC can’t block you from going to oversight agencies or court.

📎 Tip: Every denial you get back is evidence. Don’t be discouraged — stack them.

Communication Rights

What it is (plain talk):
This is the right to send/receive mail, make calls, and get visits. Without these, families are cut off, which is exactly why DOC abuses them — they know silence makes people easier to control.

On Paper (Rules):

FAC 33-210.101 → Mail: Must be delivered unless it’s a security threat or breaks a rule (like contraband). They can’t just throw it away.
FAC 33-602.205 → Telephones: Calls must be provided “on a reasonable and equitable basis.”
§944.09, Fla. Stat. → Visitation: Visits are a right unless there’s a specific security or disciplinary reason.

In Practice (Reality):

Mail “gets lost” — especially legal or grievance mail.
Phones are “broken” for weeks at a time, but magically work when staff need them.
Visits get cancelled under vague “security concerns.”

Push Back (How to fight):

Log every missed call or blocked letter.
Ask for written justification when visits or calls are denied.
File a grievance every single time it happens.
Use patterns of denial to escalate to the Inspector General (IG) or DOJ.

📎 Tip: If they don’t put a reason in writing, that denial is illegal.

Health & Mental Health Rights

What it is (plain talk):
DOC is legally required to take care of medical needs. That means doctors, mental health staff, meds, emergencies, and basic health care. Denying care is not just cruel — it’s unconstitutional.

On Paper (Rules):

FAC 33-401 → Health Services: Inmates must have access to medical, dental, and mental health care.
§945.025, Fla. Stat. → DOC’s Duty: DOC must provide “comprehensive medical and mental health care.”
Eighth Amendment (U.S. Constitution): Bans “deliberate indifference to serious medical needs.”

In Practice (Reality):

Care = “Here’s two Tylenol, deal with it.”
Mental health = isolation until someone breaks.
Emergencies = ignored until it’s too late.

Push Back (How to fight):

Submit written sick call requests — every time.
Document symptoms in detail.
When ignored, file grievances citing 33-401.
If still ignored → escalate to ADA complaints, DOJ Civil Rights, or file a §1983 Civil Rights lawsuit for “deliberate indifference.”

📎 Tip: Never settle for verbal requests. If it’s not on paper, DOC will swear it never happened.

Disciplinary Process Rights

What it is (plain talk):
When DOC accuses someone of breaking a rule (a DR = Disciplinary Report), there’s supposed to be an investigation, hearing, and fair process. The problem? DOC runs “kangaroo courts.”

On Paper (Rules):

FAC 33-601.308: DRs must be served within 15 days of incident.
FAC 33-601.309: Hearings must be impartial; the inmate can make a statement.
FAC 33-601.313: Penalties can’t be imposed without due process.

In Practice (Reality):

DRs often served late (illegal under FAC).
Hearings are run by staff who already made up their mind.
Evidence is ignored or fabricated.

Push Back (How to fight):

If DR is late, cite 33-601.308 in grievance → demand dismissal.
Keep copies of witness statements if possible.
Build a paper trail — courts hate “pattern and practice” violations.

📎 Tip: A single bad DR might get ignored. Ten sloppy DRs on record look like systemic abuse.

Constitutional Rights

What it is (plain talk):
The U.S. Constitution still applies in prison. DOC acts like it doesn’t — but it does.

On Paper (Rules):

Fourteenth Amendment (Due Process): Basic fairness. Hearings, notices, timelines.
Eighth Amendment: No cruel & unusual punishment. Long-term solitary, denial of medical care, retaliation all fall here.
§944.09, Fla. Stat.: DOC must run prisons consistent with state and federal law.

In Practice (Reality):

Due process = deadlines ignored.
Cruel punishment = long CM sentences for no reason.
DOC hides behind “security” to dodge the Constitution.

Push Back (How to fight):

Use grievances to document every missed deadline or abuse.
Escalate to federal civil rights complaints (42 U.S.C. §1983).
Cite past cases: Madrid v. Gomez (solitary = cruel punishment), Ruiz v. Johnson (inhumane prison conditions).

📎 Tip: The Constitution is your trump card — but only if you build the record through grievances first.

Oversight Loophole

What it is (plain talk):
DOC loves to say “you can’t grieve this issue.” That’s their favorite cop-out.

On Paper (Rules):

FAC 33-103.014: Some things (like legislative acts, parole decisions) technically aren’t grievable.

In Practice (Reality):

DOC applies this to anything they don’t want to answer. “Housing assignments”? Not grievable. “Retaliation”? Not grievable. “Air you breathe”? Not grievable.

Push Back (How to fight):

File it anyway.
If denied, you’ve just created evidence of stonewalling.
Escalate to public records, IG, or DOJ with that denial in hand.

📎 Tip: A denial is just as valuable as a response — it proves DOC refuses oversight.