Monday, May 7, 2012

Status Report, Case Number 2012-BHS-0263-DHS: Wherein, with respect for the above case, which is to be heard on May 17, 2012 (less than 10 days from today), Arizona Department of Health Services (ADHS)/Dept. Of Behavioral Health Services/Arizona Office of the Attorney General  fail to disclose lawfully requested evidence, thus throwing the due process of this case into relative disarray at this time.

       I have learned in no uncertain terms that any attempt by an aggrieved patient-client of The Arizona State Hospital to seek meaningful redress within the state system will be stonewalled by the assigned state department of health representatives, in direct defiance of very clear and well established codes of procedural conduct. Following being physically struck and injured by a very aggressive and abusive female ASH staff member in early July, 2011, I was gravely disheartened to learn that my rights and privileges in every applicable context of law and policy meant absolutely nothing to the various channels of authority that I turned to. Today, almost one full year from the date of the actual attack and following a deliberately over complicated sequence of administrative negligence, my fundamental rights in terms of due process and related state administrative codes are still being violated; and despite my best efforts to adequately prepare for the latest stage of this process, I today believe that I will have to reject the idea of presenting my allegations until the Hospital meets its responsibility in terms of disclosing all pertinent evidence. At this point, I am essentially in contest with the Arizona Office of the Attorney General, for they are responsible for these specific matters, opening a new chapter in terms of offering a decent example of the unlawful and disingenuous conduct of all respective office/agencies when it comes to being an abused patient-client member of the state behavioral health care system.       

       Recap: ON JULY 07, 2011, A STAFF MEMBER OF THE ARIZONA STATE HOSPITAL DID VERBALLY THREATEN AND PHYSICALLY ASSAULT AND INJURE ME. I IMMEDIATELY FILED A REPORT OF THE INCIDENT TO THE HOSPITAL OMBUDSMAN, AND REQUESTED ACCESS TO FILE A POLICE REPORT, BUT I WAS NOT GRANTED MY RIGHT TO FILE SAID REPORT FOR OVER SEVEN FULL HOURS, BY WHICH TIME HOSPITAL STAFF (INCLUDING MY PRIMARY CARE PHYSICIAN, DR. PERVAIZ AHKTER) HAD ACTIVELY TRIED TO COERCE OR OTHERWISE DISSUADE ME FROM FILING THE POLICE REPORT, AS WELL AS PROVIDED CONTRADICTING EVIDENCE TO POLICE, LEADING THE POLICE TO REJECT FILING A FORMAL ON MY BEHALF. THE FOLLOWING DAY, A HOSPITAL INVESTIGATOR NAMED VICKY FOX INTERVIEWED ME, PHOTOGRAPHED MY BRUISED AND POSSIBLY CRACKED RIBS, AND REVIEWED NON-STREAMING (NON "REAL TIME") VIDEO FOOTAGE OF THE INCIDENT WHICH VERIFIED 80-90 % OF MY ALLEGATIONS. I WAS SUBSEQUENTLY SUBJECTED TO A NUMBER OF RELATED VIOLATIONS OF MY RIGHTS BY SECURITY AND ADMINISTRATIVE STAFF, ALL OF WHICH PUT MY GENERAL STATE OF MIND IN SUCH TURMOIL THAT MY BASIC CONDITION AS A PERSON EFFECTED BY MAJOR DEPRESSIVE DISORDER AND RELATED SUICIDAL IDEATION WAS AGGRAVATED TO THE GREATEST DEGREE POSSIBLE, AND IN MY HUMBLE, LEARNED OPINION AT THIS TIME, THIS ENTIRE SEQUNCE OF EVENTS WAS ABOUT HARMING ME. BOTTOM LINE.    

OVER TWO MONTHS AFTER THE ATTACK, WELL BEYOND THE REQUIRED TIME LINES, MONTHS AFTER THE ATTACK , I DIRECTED SEVERAL LETTERS TO THE DEPT. OF BEHAVIORAL HEALTH SERVICES BECAUSE I HAD HEARD NOTHING ABOUT THE INVESTIGATION INTO THIS MATTER (SEE BELOW):



ONLY AFTER SUBMITTING MY DIRECT CORRESPONDENCE (DISPLAYED ABOVE) DID I RECIEVE ANY WORD AS TO THE STATUS OF THE INVESITIGATION INTO THIS MATTER, AT WHICH TIME I WAS ADVISED BY THE STATE THAT MY ENTIRE ACCOUNTING OF THE ATROCIOUSLY MALFEASANT INCIDENT HAD BEEN DEEMED UNTRUE. (SEE BELOW):


I SUBSEQUENTLY APPEALED THIS MATTER, BUT MY INITIAL APPEAL WAS REJECTED BY THE STATE, AND I LEARNED THAT THE INVESTIGATOR, VICKY FOX, HAD BEEN FIRED, AS WELL.  BUT I REFUSED TO RELENTFINALLY, OVER SEVEN MONTHS AFTER THE ATTACK AND FOLLOWING A FAIRLY GARGANTUAN PROCESS OF VERY ONEROUS DOCUMENT SUBMITTALS AND EXCHANGES, MY APPEAL WAS ACCEPTED AND SCHEDULED FOR JUDICIAL REVIEW IN THE ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS ON MAY 17, 2O12. (SEE BELOW).



IMMEDIATELY AFTER RECEIVING WORD THAT MY CLAIM OF BEING ATTACKED AS WELL AS DENIED MY RIGHTS IN TERMS OF DUE PROCESS AND RELATED PROCEDURAL CODES WOULD BE REVIEWED IN A FORMAL HEARING, I MADE SEVERAL REQUESTS TO HAVE COPIES OF ALL RELEVANT EVIDENCE IN TERMS OF HOSPITAL RECORDS SPECIFIC TO THE SEQUENCE OF EVENTS IN QUESTION, INCLUDING A FORMAL LEGAL BRIEF TO THE EFFECT THAT WAS SUBMITTED TO THE COURT ON APRIL 20, 1012 (SEE BELOW). BUT LESS THAN 10 DAYS FROM HEARING, I HAVE STILL NOT RECEIVED THESE MATERIALS.


              In closing, then: I will contact the judge in this case and make clear my dissatisfaction in terms of The Arizona State Hospital, and the Arizona Department of Health Services/Dept. of  Behavioral Health Services, and- it follows- the Arizona Office of the Attorney Generals' blatant unwillingness to respond to this lawful request. I am not aware at this time of how I can go about filing an independent complaint about the specific matter, wherein the appellee in this case is refusing to provide full disclosure of validly relevant evidence, but presuming there is such an avenue, I will pursue my rights as fully as I can and seek that the ones responsible for this issue be held accountable under the law. As always, all records pertinent to this matter are already on their way to the various support resources that I work with today (inc. media, etc.). 







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I would really love input of any kind from anybody with any interest whatsoever in the issues that I am sharing in this blog. I mean it, anybody, for I will be the first one to admit that I may be inaccurately depicting certain aspects of the conditions
at ASH, and anonymous comments are fine. In any case, I am more than willing to value anybody's feelings about my writing, and I assure you that I will not intentionally exploit or otherwise abuse your right to express yourself as you deem fit. This topic is far, far too important for anything less. Thank you, whoever you are. Peace and Frogs.