Saturday, July 23, 2016

II) ATTENTION MARK BRNOVICH, ARIZONA ATTORNEY GENERAL.

As to the undeniable fact that criminal discrimination against persons affected by disability underlies the substandard care practices and conditions in Arizona's sole long term public mental health facility

INTRODUCTION

Disability rights are civil rights. This is clarified by the dictate of the 1990 Americans With Disabilities Act (ADA). Each and every client-consumer (patient) at The Arizona State Hospital (ASH) is disabled as per state and federal law, and therein deserving of the full protections of the ADA's extensive provisions.

The  Arizona Office of Attorney General (OAG) bears direct responsibility to investigate and commence a process of meaningful accountability with respect for any known violations of civil rights occurring within the construct of the Arizona's public health care system, and this most definitely applies to the overall function of ASH. The ongoing substandard care practices and conditions at ASH- which have been openly exposed in this blog and national level news reports aired by ABC Ch. 15- very much qualify as said violations of ADA, and even the US Constitution, most significantly with regard for the civil rights of the ASH patient community. Failure of OAG to take action in defense of the ASH patient community's civil rights qualifies as only one more example of state sanctioned discrimination against the ASH patients across the board, and as such, requires federal oversight by the Department of Justice's Office of Civil Rights.  

Assistant Attorney General, Joel Rudd who works under the direct authority of Arizona's actual (elected) Attorney General, Mark Brnovich, has long served as ASH's primary in-house legal counsel. His role in providing legal counsel extends to the administrative operation of ASH, and in this sense, it is safe to assume that this man has always been at the proverbial table and therein played a role in administrative decision making at ASH across the board. I contend that this applies to each and every proven element of the administrative ineptitude and outright malfeasance known to have imposed harm to the health and wellbeing of ASH's seriously mentally ill and disabled patient community.  Even if my own allegations specific to my personal interactions with Rudd are for whatever reason deemed less then believable, this fact is indisputable.

Always at the table.

100% aware.

Absolutely complicit.

Given that Rudd- an active staff member of OAG- has in his own right  been complicit in condoning graphic violations of state and federal law, including but not limited to the provisions of the ADA, I find it deeply shocking to know that his current boss, Mark Brnovich, has yet to investigate this specific issue as it stands. This does, in essence, illustrate a far wider realm of unlawful abuses of power and related breaches of the public trust then I have to date focused on in this blog. wherein the state office most responsible for civil rights is actively involved in allowing for such violations within the Arizona's public health care system.

At a minimum, I believe that Mr. Brnovich immediately needs to meet his given obligation to ensure that OAG staff have no connection whatsoever to violations of law across the board. In a context of the scandal at ASH, by investigating and taking Joel Rudd to account with respect for the known wrongdoing at ASH. I will say again that Rudd is and has long been involved in furthering the substandard care practices and conditions at ASH, most clearly in my experience by engaging in unlawful misconduct in his own right (when he represented the interests of ASH in hearing that I formally requested in the AZ Administrative Court and overtly prioritized those interests over the civil and human rights most at issue in those cases), and most simply by ignoring deeply illicit issues that I know he has always been aware of.

Rudd's misconduct is representative of a very real need for not only his superior, but also the Arizona and American Bar Association, to take robust action in bringing about answerability as to the how and whys underlying his unethical behavior. As in, disbarred and appropriately disciplined to the full extent of the letter of law 

I will also share yet again my initial impression(s) of this man's countenance when I first interacted with him at ASH, which in time compelled me to characterize him as "The Mortician" (a phrase I have utilized as the Rat Bastard's nickname since the inception of this blog). Likewise, following the formation of the ASH Human Rights Committee in late 2012 (which only occurred after I formally demanded said formation as per the law by submitting a legal memo to former ADHS Director Will Humble in late spring, 2012), members of that board experienced a similar impression, and therein have taken to calling Rudd "The Angel of Darkness." I find this pattern slightly amusing, but also quite disturbing; that an individual entrusted with providing optimum legal services in the context of public health would repeatedly spawn such impressions when interacting with persons who encounter him at work, there in the walls and fence lines of an insane asylum.  

I have said it before.

I couldn't make this shit up if I had to. 

BELOW. FROM THE JULY 11, 2016 ARTICLE: I) ATTENTION MARK BRNOVICH. ARIZONA ATTORNEY GENERAL.

"And indeed, as illustrated by this Rat Bastard's (Rudd) grossly depraved disregard for Miss Mott's tragic death (said "bad thing"), I am convinced that at least one member of the highly entrusted staff of OAG is continually being allowed to engage in failing to serve the interests of Arizona's seriously mentally ill and disabled client-consumers at ASH. Persons disabled as per state and federal law, who are highly vulnerable to negligence and abuse, and who- on the basis of disability- far too often have no means of speaking for themselves, which I contend allows and in fact encourages Joel Rudd to blatantly defy his given responsibilities, in direct complicity with ASH administrators and clinical staff. This occurs despite the shared responsibility of Rudd's immediate supervisor, current Arizona Attorney Mark Brnovich, to ensure that his staff fully abide and comply with their given duties, as per the public trust. Likewise, this with respect for the role that the AZ Administrative Court is obligated to fill on behalf of Arizona citizens across the board."

From Wickipedia

Title 42 of the United States Code (Americans With Disabilities Act) is the United States Code dealing with public health, social welfare, and civil rights. 

- The Americans With Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

- The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else.

                               --------------------------

DISCUSSION

Numerous articles published to date in this blog have made clear that each and every consumer-client (patient) deserving of optimum medical services at The Arizona State Hospital is disabled as per state and federal law. Disability across the board is acknowledged as a potentially at-risk to abuse and negligence etc.  human condition, which is precisely why the provisions of the Americans With Disabilities Act (Title IV USC) dictate federally mandated protections to any person(s) affected as such, be the disability be of physical or psychological concern.

With respect for the seriously mentally ill patient community at ASH, I have furthermore posited my contention that the core cause of the issues most at stake lies in the fact that state officials patently defy the merits of the ADA, at both the state and federal level of application, as a matter of standard practice. Which defies the ADA standard that prohibits "discrimination against individuals with disabilities". It should also be of note that  the given specific disability that all ASH patients are affected by- serious mental illness- is representative of persons so affected who are highly vulnerable to and at risk of negligence and abuse, as exemplified in American history and human culture in general. As stated above, this core dynamic is 100% rooted in the causation of issues that we all know (via the established record) run rampant throughout the ASH operation as a matter of standard practice.

Which further clarifies the basic fact that ASH patients are being denied "the same rights and opportunities" that all Americans are deserving of in terms of established  health care standards.

The fact is that, if the patients I am talking about were not being treated at ASH, be it instead at a private mental health care facility or other like "normal" (non-state operated) hospital, for example, they would likely not be subjected to abuse and associated negligence; likewise, were these individuals not affected by mental illness in itself, but rather by some other type of medical ailment, and being treated as such in a non-state operated medical hospital designed to provide services to physical ailments and so on, they would not be at risk of these issues in the first place.

But, very sadly indeed, this particular community of patients are in fact affected by serious mentally illness, by which they are disabled, and are being "treated" (for lack of a better word) in a state operated facility that has  a well known record of failing to provide reasonably optimum medical services;  a failure that is occurring for no reason other then on the basis of  disability in the context. I came to recognize this immediately when I sought to address the very first incident that violated my rights as an ASH patient, the stealing of my property (medications, no less) literally as soon as I entered Hospital grounds, and the unwillingness of my then primary attending physician, Dr. Laxman Patel, to do anything about it. Likewise, in the ensuing first days into weeks as an ASH patient, I immediately witnessed and experienced first hand clear occurrences of psychological and physical abuse. 

It was from day one as though I had entered the third world.

 Pakistan, the Philippines, or India.

I contend, thus,  that any/all ASH or ADHS/BHS employee directly associated with  the known wrongdoing at ASH- as well as any other state employed persons sharing that status, including staff of OAG- is fundamentally guilty of violating the terms of ADA as they stand.

The impact of these violations on ASH patients exist under the realm of CIVIL RIGHTS, as dictated in the Arizona constitution, and at the level of federal law and policy (the ADA in this instance). The following information which anyone can view in person on the state of the Office Arizona Attorney General's (OAG) website (www.azag.gov/about),  describes in detail the responsibility(s) of this Office with direct regard to these issues as they stand, including and most significantly with respect for the civil rights of each and every ASH patient, on the basis of disability.

The Attorney General's Office represents and provides legal advice to most State agencies; enforces consumer protection and civil rights laws; and prosecutes criminals charged with complex financial crimes and certain conspiracies involving illegal drugs.

It is likewise the responsibility of the OAG to investigate and bring to accountability any state employed individuals willfully engaged in crime across the board. I contend that those persons directly associated with the substandard operation of ASH do as a matter of plain fact fall under this area of OAG overall responsibility(s), as exemplified on the same website, below:

The Attorney General’s Office has jurisdiction over Arizona's Consumer Fraud Act, white collar crime, organized crime, public corruption, environmental laws, civil rights laws, and crimes committed in more than one county. Additionally, this Office prosecutes cases normally handled by county attorneys when they have a conflict.

How might we more accurately characterize the criminal nature of the ASH operation then as being a bright line example of "white collar crime, organized crime (ASH doctors and administrators, and associated ADHS/BHS officials),  public corruption ("" " "" " "" again), acting thus as a core causation for abuses and violations of “civil rights laws.”

I have never in my 54 years of life (before and after my time at ASH) been so graphically exposed to grossly inhumane depravity then I was when I hospitalized at ASH. I have said before that my admission to ASH and my immediate experiences as an ASH patient felt like entering a third world country. (I have in fact spent time in several such nations)Knowing as I did then as a patient at ASH, and as I more greatly realize today, how greatly unlawful these issues are, I am again compelled to urge not only Mark Brnovich to take immediate action on behalf of the client-consumers (patients) at ASH, but also Arizona's lawmakers and their associates in the Arizona judiciary.

Anything less is a direct and overt breach of the public trust. It is this simply. It is this critical. It is this bad.

IN CLOSING

 
I have little if anything to add at the moment. But I can share a funny enough story about my interactions with Joel Rudd.
 
In attempting to cloud my character and credibility when he was serving as ASH's legal counsel during the third of four hearings that I filed with the AZ Administrative, Rudd pointedly asked me, "Do you ever use profanity?"

To which I replied, "Not terribly often." 

He then asked, "Do you ever use the term rat bastard?"

I could only chuckle at that one, and stated, "Yes, I admit that I do use that in my writing. But I can't really take credit for the it. I stole it from Hunter Thompson."

That said. In recent days, the staff of PJ Reed The Arizona State Hospital and Patient Abuse have noted marked reader interest (spikes) in some of my older articles specific to the role that the Arizona Attorney General is required to play in addressing the issues at ASH as they still stand today. Thus compelling me to draft the these two most recent articles. All we can actually hope for is meaningful reaction and response outside of such reader interest. As such, we will maintain our vigorous attention to any related activities as they occur, and follow through accordingly.

Until next time, then.

paoloreed@gmail.com