NATIONAL COUNCIL AND PENNSYLVANIA LAW PROJECT SETTLE MEDICAL NEGLECT AND RETALIATION CASE
Selena W. was incarcerated in SCI Muncy when she was diagnosed with diabetes. Over the next four years, she repeatedly sought medical care, but her concerns were ignored, and her blood sugar soared. At the same time, she was repeatedly harassed by a pair of guards who did everything in their power to make her life miserable.
They say the pen is mightier than the sword, and Selena proved the truth of that adage. When prison doctors told her to drink more water to control her diabetes rather than give her insulin, she filed a grievance. When the guards denied her commissary for no reason, she grieved it. Unwarranted cell restriction? Grievance. Denial of pain medication? Grievance.
Not only did Selena file grievances, but she filed appeals and then appealed the appeals. She never gave up and never gave in. She filed a lawsuit pro se and survived a motion to dismiss.
At that point, the National Council became aware of her case and partnered with the Pennsylvania Institutional Law Project. Because Selena had left such a wide paper trail, her lawyers could get her a settlement higher than any other settlement in the public record in the Middle District of Pennsylvania, where SCI Muncy is located.
The moral of the story is to file a grievance. Even if you don’t think it will do any good – file it. Then appeal. Then appeal again until there is no place else to go. This is called “exhausting your remedies.” No lawyer can help you file a civil rights lawsuit in federal court until you have gone through this process. There are strict deadlines to file a grievance and then appeal – make sure you follow them.
Once you have filed a grievance, keep a copy. You will have difficulty proving that you filed one without copies, making it harder to find a lawyer.
In your grievance, ask for money to compensate you. If you do not ask for money in your grievance, you will not be able to get compensation later on.
If you run into problems, for instance, you can’t get the correct forms or get a copy to submit with an appeal, you must document that. Keep a journal and note down the date and the person who could not help you. Send a follow-up email, put your request in writing, and keep a copy.
In sum, remember Selena’s rules:
File a grievance each time you are harmed;
Keep appealing denials;
Document any administrative problems you have;
Keep copies; and
Ask for money.
If you follow Selena’s Rules, there is no guarantee you will get compensation for the harm done to you. But if you don’t follow her rules, it is guaranteed that the legal system will make sure you never get justice.
*The information in this article is for informational purposes only. It does not constitute legal advice from either the National Council or PILP, nor does it establish an attorney-client relationship with either organization.
