A Prisoner’s First Amendment Rights

judge's gavel on computer keyboard courtroom theme

In a very important and groundbreaking case, I have finally won the First Amendment right to hold the Department of Corrections staff accountable for their acts behind these walls and fences. See Harris-vs-Calloway, 2:17-cv-02075-MMM in the U.S. Central District Peoria Division.

At document number fifty-eight you can read Federal Judge Mihms’ interpretation of the First Amendment right to hold government officials accountable for their acts in the Department of Corrections. In this case, Judge Mihms confirms that prisoners retain their right to seek redress on government policy and practice through the First Amendment to the U.S. Constitution. First Amendment activity is a protected activity for which a prisoner may not be punished.

How I was Punished in Prison

In my case I was punished with segregation and a transfer to harsher conditions of confinement. This was retaliation for sharing my conditions with my family and friends who then posted those conditions on Facebook and social media websites. The Danville Correctional Center staff wrote me up for threats and intimidation. They stated I was making their work site a hostile environment. But Judge Mihms agreed with my argument that I could expose corruption and malfeasance through my family as a protected First Amendment right, and to expose the corrupt acts by IDOC staff. He stated that the staff and Internal Affairs Department could not target me with false tickets and punishment to silence me or my family for exposing these illegal acts. He confirmed that under the First Amendment, the prisoner may use social media outlets to expose corruption.

Damages To Be Awarded

I won this in the summary judgment stage. No trial was required. Now I go to court in the Peoria Federal Courthouse to pick a jury to decide the damages to be awarded to me for the segregation and the retaliatory transfer to harsher conditions of confinement for two years and fifteen days. That retaliation included the denial of a job or school to earn goodtime for early release.

So now every prisoner in a state penal facility has this right. He or she may now expose the truth without fear of retaliation by Department of Corrections staff. For it ain’t no fun when the rabbit has the gun.

How Prisoners Can Use Social Media to Expose a Grievance

So now every prisoner housed in the State and Federal facilities may use the social media outlets to expose things. Yes, we now have a voice to get what we, as prisoners, have coming by law.

However, this right this comes with heavy responsibility. We cannot lie; we cannot slander the staff. Such dumb acts will only set us back ten paces. We must use this right as written by our forefathers, to seek redress on government policy that violates the U.S. Constitution. So we can’t complain about dumb stuff like the commissary not having chunky peanut butter for sale. Only when the law is being broken can you state a claim. So the prisoner needs to learn his rights under our great U.S. Constitution. Then if you are not being given what you have coming by law you can expose your grievance for view by the public.

I Won a Voice for All Prisoners

We live in a house of law, and the staff works in a house of law. But neither side is above the law. So learn the statutes that govern this house of law you reside in.

For I won a voice for all prisoners. So use it but do it right. For we can no longer be punished by the Internal Affairs Department to silence this First Amendment-protected activity.

Please spread the word.

We now have a voice to expose the way we are treated in here. For we are sent to prison to be rehabilitated, not to be punished at the hands of sadistic guards and staff.

My case is not in the Federal Register yet. We still need to pick the jury and determine damages. Until that is done the case may be pulled up on Lexis kiosk to review

New address for Larry “Rocky” Harris

Larry “Rocky” Harris N57672
Illinois River Correctional Center
P.O. Box 999
Canton, IL 61520

Author: Larry Harris

My name is Larry “Rocky” Harris and I am serving a sixty-five year prison term in the state of Illinois for a crime I didn’t commit. After I went to prison, I began to study the law, and now I am what is called a “prison lawyer.” I provide legal advice to inmates who can't afford a lawyer. I am looking forward to telling my story in this blog, and also providing a forum for prisoners everywhere.