Tier Program grievance: inmates cannot flush their toilets

Travis King Grievance that has yet to be answered and/or processed

On 04/01/2015 while being housed in G-1 cell #19 a locked down dormitory my cellmate and myself was moved to G-2 #22 also a locked down dormitory.  When I entered the cell, I notice that the toilet flushing system had been altered so that the toilet could not be flushed from inside the cell but only from a button on the wall outside the cell.  I asked the Sgt. who moved us Sgt. Kirkland why I was being placed in to such a cell when I had done no wrong.  He explained that all cells in the lock down would be altered the same way and that the dormitory officer will flush our toilet for now on.

It has been held by the courts that “Even in extreme situations denial of ‘normal’ toilet facilities, the failure to allow the ‘prisoner’ promptly to dispose of his/her wastes violates the Eighth Amendment”.

Resolution Requested: There has been no written policy or memorandum at this prison that has been giving to the dormitory officers that mandates them to flush our toilets at any set time frame or that they have to flush them at all.  There are also times when the officers are required to perform tasks that will demand their time such as serving trays, count time, cell clean up, inmate escort, etc.  Therefore waste will have to sit in our toilets until the floor officer is done.  Because there are no covers or lids on these toilets, it allows flying bugs and insects to nest inside creating a breeding area.  Making it impossible to eat our food or sleep when flying insects leave our toilet and land on our floor and onto our face and body.  There’s also times that I have to use the toilet on top of the waste that my cellmate has left, making our cell a modern day “outhouse” in which we have to live, locked down in 24 a day.

Because this is without question a serious form of cruel and unusual punishment, it’s my request that I simply be placed back into a cell I can “promptly dispose of my waste”.