Recently Governor Glenn Youngkin vetoed a solitary confinement reform bill, that at least would've instructed Chadwick Dotson, Director of The Virginia Department of Correction, that the Machiavellian, "end justifies the means" isn't welcome in modern Virginia governance, which The Department's operations is aspect. Corruption has a couple of expressions (1) Diabolic (2) Fatuous, and regardless of expression, the result/consequence is barbarism. As inexplicably late or early as 1890, in In Re Medley,134 US 160 The Supreme Court of The United States found that, solitary confinement drove prisoners "after even a short confinement, into a semi-fatuous condition from which it was next to impossible to arouse them, and others became violently insane others,still, committed suicide while those who stood the ordeal better were not generally reformed, and in most cases, did not recover sufficient mental activity to be of any subsequent service to the community". THEN in 1988 The 7th Circuit, U.S Court of Appeals found in Davenport v. Derobertis 844 F.2d 1310 "That isolating a human being from other human beings year after year or even month after month can cause substantial psychological damage, even if the isolation isn't total". THEN in 1995 The U.S District Court for The Northern District of California in Madrid v. Gomez 889 F.Supp.1146, found that "Subjecting individuals to conditions [solitary confinement] that are "very likely "to render them psychotic or otherwise exacerbate a serious mental illness cannot be squared with evolving standards of humanity and decency.....A risk this grave---this shocking and indecent---simply has no place in civilized society". THEN in 2005 in Amicus filed by a group of Psychologist and Psychiatrist in a case before The Supreme Court of The United States, Wilkinson v. Austin #04-495 also 545 U.S 209 stated "No study of the effects of solitary or supermax-like confinement that lasted longer than 60 days failed to find evidence of negative psychological effects". THEN in 2015 in Incumaa v. Stirling 791F.3d 517, The 4th Circuit Court of Appeals ruled" [Prisoner] had liberty interest in avoiding solitary confinement in security detention. The 4th Circuit, which Governor Youngkin is well aware, speaks the Supremacy of U.S law for The Commonwealth. THEN in 2019 in Porter v. Clarke 923 F.3d 348, The 4th Circuit Court of Appeals held," Solitary confinement posed an objective risk of serious psychological and emotional harm to inmate". THEN in 2022 in Thorpe v. Clarke 37 F.4th 926, The 4th Circuit Court of Appeals ruled "Severe isolation alone can deprive prisoners of the minimal civilized measures of life necessities, violating The 8th Amendment", [ibid] Wall v. Clarke 2023 U.S Dist. Lexis 58937, [ibid] Carter v. Ely 2024 U.S Dist. Lexis 38334.To put it bluntly, Governor Youngkin's veto of the solitary confinement bill doesn't comport with the hard gleaned realizations exemplified by, the over a hundred years of criticism of the practice as illustrated by the above listed authorities. A primary function of The Executive, which Youngkin as Governor is, is illustrative and illuminating governance and such isn't achieved by enabling and defending the barbaric practice of solitary confinement in the prisons that literally inculcates insanity, suicides and imbecility to paraphrase The Supreme Court of The United States. Bad governance is an expression of corruptionWhether Governor Glenn Youngkins' veto of the solitary confinement reform bill was diabolic or fatuous is an idealistic exercise in intellectual indulgence that distracts from the one and only relevant fact, it was deleterious on Virginias' social contract, by adding on and compounding the inherent corruption, which the aspirational logic of Government claims amelioration. I list here reference examples of law suits filed by Virginia prisoners held in solitary confinement at Red Onion State Prison attempting to petition Government and seek redress of the extra-judicial nature of the detention, which the vetoed bill was intended to reform and correctly prohibit. These law suit examples are just a bit showing of the dirty laundry, rotten underbelly, fetid corruption Governor Glenn Youngkin's veto feebly attempts to conceal.
CARTER V. ELY 2024 U.S DIST.LEXIS 38334
HOEHN V. GIBSON 2024 U.S DIST.LEXIS 41087
REID V. CORIZON HEALTH SERV.2024 U.S DIST.LEXIS 38333
CARTER V. STITH 2024 U.S DIST.LEXIS 22032
ARRINGTON V. MULLINS 2023 U.S DIST.LEXIS 183703
WILLIAMS V. GILBERT 2023 U.S DIST.LEXIS 126015
GODFREY V. DAVIS 2023 U.S DIST.LEXIS 108421
CARTER V. ELY 2023 U.S DIST.LEXIS 79927
WARD V. KISER 2023 U.S DIST.LEXIS 41663
JONES V. WHITE 2023 U.S DIST.LEXIS 186345
GRAY V. ENGLISH 2023 U.S DIST.LEXIS 27282
CARTER V. COLLINS 2023 U.S DIST.LEXIS 99160
CARTER V. KISER 2023 U.S DIST.LEXIS 6655
WALKER V. KISER 2022 U.S DIST.LEXIS 56878
DURAN V. HOOVER 2022 U.S DIST.LEXIS 196931
WALL V. CLARKE 2021 U.S DIST.LEXIS 224916
ALEXANDER V. COLLINS 2021 U.S DIST.LEXIS 75805
GEORGE V. PUCKETT 2021 U.S DIST. LEXIS 30899
EDWARDS V. KANODE 2020 U.S DIST.LEXIS 41300
LEE V. VA. DEPT. OF CORR. 2020 U.S DIST.LEXIS 231921
BARBEE V. ANDERSON 2020 U.S DIST.LEXIS 43133
JORDAN V.MCDUFFIE 2020 U.S DIST.LEXIS 46318
JOHNS V. LOVELL 2020 U.S DIST.LEXIS 15922
FARABEE V. LEE 2019 U.S DIST.LEXIS 170179
REYES V. CLARKE 2019 U.S DIST.LEXIS 150854
RICHARDSON V .R O S P 2017 U.S DIST.LEXIS 119133
MAKDESSI V. CLARKE 2015 U.S DIST.LEXIS 152925
AWE V. R O S P 2014 U.S DIST.LEXIS 35448
ODIGHIZUWA V. STROUTH 2007 U.S DIST.LEXIS 28397
RIVERA V. MATHENA 795 FED.APPX.169
DEPAOLA V. VA.DEPT. OF CORR.703 FED.APPX. 205
STICKLAND V. HALSEY 638 FED.APPX.179
The above listed cases are just a drop in the bucket of efforts from prisoners who in no form or fashion are lawyers and needless I add, judges who the cases are presented to joyfully and gleefully take delight in dismissing them. Not because Virginia prison officials didn't for example assault the prisoner by slamming the prisoner's head onto the floor, or refuse to provide food, showers, outside exercise and all the this and that, which the prison official receives a pay check to perform as legal duty under contract to the Virginia citizenry which the fraudulent refusal then subsequently necessitates (and the failure to perform their legal obligation opens up that other can of worms, which is fraud, Yeah defrauding the Virginia tax payer, which is also theft) the filing of the law suit. What enables and maintains the above the law presumptions and behavior of the Virginia prison official are apologetic actions by leaders in Virginia's Government, Institutions, businesses, like the recent veto of reforming the unambiguous and unequivocal barbarism of solitary confinement by Governor Glenn Youngkin. I asked, by way of title to this work what exactly are the means and mechanisms anticipated by the myth enumerated in the National and Commonwealth's Constitution. Because Governor Youngkin has to explain to the people of Virginia on what basis is he endorsing the abrogation of the democracy of law.
When the Supreme Court of The United States made its critique of solitary confinement in the 1890 case, In Re Medley. Its efforts only spoke to effects of the practice of solitary confinement on its victims, the prisoners. The reality, however is corruption corrupts completely and solitary confinement is corruption. It is a corrupt set of relations impacting both points of the relation or interaction, meaning the prison official, subjective, regardless of the avail of the Nuremberg defense rationale, is also corrupted completely even as the imposition on the prisoner-object is the corrupt solitary confinement condition. Consequently the corruption expands to include and envelope all and whomever defends and apologizes for its practice and existence thereby also exposing that the operative of the solitary confinement practice is Government and Law undermining ITSELF under the guise of exercising the primacy of its police powers. Which brings us to the spectacle of Governor Glenn Youngkins' recent veto of reform of its use by The Virginia Department of Corrections. As the former Soviet dissident, Alexander Solzhenitsyn formulated and I paraphrase, lies and state organized violence go hand in hand, which true to form, we now see reflected in Glenn Youngkins' veto. The condition of solitary confinement is quintessential, State violence and if as the Supreme Court of The United States realized in 1890 that it drove prisoners insane, then it also means that its architects and practioners are just as and demonstrably insane, because they are the ones, which in this instance, the Virginia prison official, are subjecting, imposing and forcing a human being, the Virginia prisoner into a condition, a set of relations that causes insanity which is not, the least of all of the other effects that are not anticipated by and are at odds with Virginia law, yet that's what a Governor of Virginia by exercising the executive privilege of veto has supported and endorsed. The question, nonetheless, isn't whether The Commonwealth can subject prisoners to solitary confinement under due process of law, but whether its with the extreme recognition that solitary confinement is an extraordinary and barbaric state action and must be treated as such, with demanding and compelling focus on limits of use. Virginia's Justice Infrastructure of which the prison system is function is a fact of The Commonwealth's political-economy. To which it's fundamental purpose and primary focus is establishing and maintaining mechanisms for functioning control. This need for functioning control is what comes up against and is at odds with the application of the Social Contracts "equality under law", which like an unseen star in a binary star system revealing its existence by the behavior of its seen sister star, we experience as Government disregarding law as embodied by the prison official's barbaric use of solitary confinement and its thorough violation of law and the intrinsic integrity of governance and Government. The proof of this is, again, the exercise of veto powers by politicians, that betrays the progressive interest of society its people and the instinct of governance. There is distinction between corruption and criminal violation. While the Virginia prisoner is imprisoned as a result of criminal violation, the Virginia politician on the other hand in betraying governance is covered in corruption.
By William Thorpe
I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright Unit