Bright Line Violations Of The Americans With Disabilities Act: Wherein, Arizona State Hospital Chief Executive Officer/Supervisor Corey Nelson Engages In  Graphically Unconstitutional Retaliation And Forcible Coercion and Intimidation, Putting Patients At Grave Risk Of Personal Harm And Fear For Their Lives In Order to Suppress Good Faith Self Advocacy.

(2016 Update: I will keep it simple. Each and every ASH patient is disabled under state and federal law. This is precisely why ASH staff across the board are willing in their own right to abuse or otherwise engage in unlawful misconduct. I recognized this immediately upon my arrival to ASH, when my property (meds) were stolen, and in the next few days, when ASH nurses and technicians exhibited misbehavior that basically rocked my sense of conscience to the core. And then, when I turned to my primary attending physician in order to try and address these issues, I learned that such staff are also willing to engage is such misconduct, with respect for their obligations as they stand. And even later, when I turned to persons in the ADHS Office of Grievances and Appeals, I ran into nothing short of brick walls that only furthered the present of ongoing substandard conditions at ASH across the board. Proving, as I see it, the fact that the Americans With Disabilities Act is the mechanism that needs to be brought forth with respect for bringing ASH up to standard. And if I have my way- which I fully believe I will in time- this will occur.) 

In my April 9, 2012, article (see this blog: 04/09/12 "Fact #3) I described details relating to my having been unlawfully transferred from a markedly peaceful patient unit at the Arizona State Hospital (ASH) to a very violent one immediately following the submission of a formal  grievance report (dated September 2, 2011, but relating to events that occurred in late May, 2011) that was produced on my behalf by a former representative of the Arizona Department of Health Services Office of Human Rights advocate named John Gallagher. As such, it is clear to me that the unit transfer was imposed on me as matter of criminal retaliation that was imparted on me by my then attending physician, Dr. Pervaiz Akkter, in complicity with former ASH Chief Medical Officer, Dr. Steven Dingle, Dr. Lynn Lydon, as well as ASH' legal representative, Mr. Joel Rudd (who is an assistant with the Office of the Arizona Attorney General), solely because I had exercised my fundamental right to voice dissent and good faith concern over abuse of authority and related administrative misconduct at ASH.

THE AMERICANS WITH DISABILITIES ACT OF 1990 (INC. 2008 AMENDMENTS)

     -TITLE 42- THE PUBLIC HEALTH AND WELFARE

     -CHAPTER 126) EQUAL OPPORTUNITY FOR PEOPLE WITH DISABILITIES

Section 12203 Prohibition Against Retaliation and Coercion

       a) Retaliation. No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

       b) Interference, coercion, or intimidation. It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

       c) Remedies and procedures. The remedies and procedures available under sections 12117, 12133, 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively.

The original September 02, 2011, grievance report (for which I was retaliated against) has to date survived a number of administratively corrupt attempts by ASH and The Arizona Department of Health Services (ADHS) Office of Grievances and Appeals (OGA) to effectively squash it without merit, and the matter is still today in the process of legal oversight. I am still, close to one year after the original May, 2011, events that were presented in the grievance report submitted on my behalf by human rights advocate, John Gallagher, on September 04, 2011, awaiting word as to the scheduling date for an affirmed, pending administrative hearing in a state court specific to this matter. The delay of due process in this matter is in graphic violation of constitutional law that all Americans are deserved of being protected by, but nobody at the state seems to care. Thus, it is matter of time before federal intervention will be required as matter of removing the criminal elements of ASH administrators and clinicians, as well as related departmental corruption and administrative negligence.

As to the retaliative transfer,  one business day after the Sept. 2011 grievance report arrived in the administrative offices at ASH, I was advised in a September 06, 2012, letter drafted and signed by ASH Supervisor Cory "crazycorycorner.weebly.com" Nelson and former ASH Chief Medical officer, Dr. Steven Dingle, that I was being transferred from the notably peaceful Palo Verde East unit to the very violent unit, Desert Sage East. I have attached this letter and a handful of other related documents further below; therein, a sequence of administrative actions designed to punish me for having participated in a lawful, good faith report of gross administrative abuse of authority that discriminated against me and abridged a number of my constitutional rights to dignity, freedom from undue restriction and restraint, fair treatment, and several other very serious liberties and protections afforded me and all patients at ASH under the provisions of the congressionally created ADA statute, and the United States Constitution and Bill of Rights.

However, and in addition to the technical features of ASH unlawful administrative actions laid out later in this article, I am including the following Arizona Republic newspaper article about a man named Joe Saucedo Gallegos, who bludgeoned two little boys to death with a baseball bat in 2008, because Mr. Gallegos and his story as it stands today has direct bearing on the validity of my concerns. It is my not my desire to worsen Mr. Gallegos personal life at this date, for he is also a victim of the mental health system, in my humble opinion, this despite my feelings about the heinousness of the crime that he was recently prosecuted for; but the fac tof the matter is, Mr. Gallegos presence at ASH directly relates to my allegations concerning the retaliation that I was subjected to....  

       

.... For, as though to add insult to injury, it was not until I learned about this man's history and violent nature in the above newspaper article (a good 5-6 weeks after I discharged form ASH in late February, 2012) that I realized the graphic extent to which ASH administrative and clinical staff had gone in order to criminally attempt to suppress my voice as a patient and human being. But I came into direct contact with Joe Saucedo Gallegos on a daily basis as soon as I was subjected to the retaliative unit transfer that I describe above, because I became his new bathroom-mate (for lack of a better term), making us virtual roommates. Initially unbeknownest to me, too, Mr Gallegos was aware of my efforts to address ASH' staff involvement with illicit tobacco and other substances sales and use at ASH, and he harbored a very real resentment towards me for this reason, because he was a very active dealer, and loan shark, of sorts. Due to these circumstances, I was subjected to ongoing threats and intimidation by this man (and other patients on Desert Sage East) for the entirety of my final six months at ASH. Staff was fully aware of these facts, and the ongoing threats of violence directed at me by this man were documented on numerous occasions after I reported it, but I was never aware of how radically dangerous my situation was. 

 

      Here is the the copy of the formal advisement that I received from ASH Supervisor Cory Nelson and former ASH Chief medical Officer, Dr. Steven Dingle, on September 06, 2011, one business day after ASH had received submission of the September 02, 1011, advising me that I was to be transferred from the peaceful Palo Verde East unit to the notoriously violent Desert Sage East unit. The letter is absolutely barren of the required information when it comes to unit transfers, and I find it insulting, at best, to have to believe that these people believe they can pull this sort of egregious misconduct on disabled persons such as myself; but as I have also made clear, these sorts of practices are par for the course at ASH, and they impose these sorts of criminal actions on all the patients at ASH, as a matter of standard practice. 

Not only was the transfer clearly imposed upon me as a matter of retaliation, it was in violation of very straight forward ADHS rules and procedure, too;  for, as shown below, there is a specific protocol whereby the patient and the patients entire inpatient treatment and discharge planning team is to be provided with a reasonable explanation of the expectant therapeutic benefits of a unit transfer, which the letter above clearly does not include. In fact, the entire sequence of events specific to the transfer process in this case were void of any of the required terms described below, in terms relating to the planning of a unit transfer, as well as in terms of immediate follow up procedures. In short, I was blatantly denied every benefit in the book as a patient of ASH and client department of health, which again, I contend would never be allowed to occur in a  hospital not designed to exclusively treat mentally disabled persons, or a private hospital for that matter.

        

ASH such, public entities and facilities such as the Arizona State Hospital and its staff, and the staff of the affiliated Department of Health Services, as well as the representatives of the state attorney generals office such as Joel Rudd,(who I contend for good reason has more familiarity with directly applicable law in this context than any other involved party- he's a freaking lawyer who has represented ASH since the early 1990s, for crying out loud!), are all subject to  the scrutiny of federal oversight flowing from the provisions of the ADA and other like law and policy standards, as shown below:

THE AMERICANS WITH DISABILITIES ACT OF 1990 (INC. 2008 AMENDMENTS)

     -TITLE 42- THE PUBLIC HEALTH AND WELFARE

     -CHAPTER 126) EQUAL OPPORTUNITY FOR PEOPLE WITH DISABILITIES

SUBCHAPTER II- PUBLIC SERVICES
       Part A- Prohibition Against Discrimination and Other Generally Applicable Provisions
Section 12131. Definitions
      As used in this subchapter:
  1) Public entity. The term "public entity" means
(A) any state or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government.
  2) Qualified individual with a disability. The term "qualified individual with a disability" means an individual who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

Section 12132. Discrimination
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

          Immediately, I recognized that required procedures had been disregarded to an extreme that definitely extended to the realm of federal protections and so on, but as always, I began a process of fundamentally good faith dissent that relied upon the willingness of the patient advocate at ASH, Sonya Serda, to

do her part in terms of at least addressing the fact that hospital and ADHS procedure hadn't been followed, as expressed in a September 12, 2011, grievance report that I submitted to Ms. Serda, shown below:   

CORY "CRAZYCORYCORNER" NELSON'S SEPTEMBER 30, 2011, LETTER TO ME:

I also drafted a letter to Cory Nelson himself concerning this matter, and about two full weeks later, I received his personal interpretation of his given authority, as shown here. In his letter to me, Mr. Nelson patently denies any obligation to the most centrally involved patients (in this case, me), justifying his authority in this matter as supercedent to every applicable regulation and requirement of unit transfers. Despite my pointing out to him that there are numerous- and very clear- provisions of Arizona Administrative Code, as well as ASH/ADHS own rules, relating to unit transfers, Mr. Nelson flatly disregarded these fundamental merits of my concerns, and instead, instead issuing the above letter wherein he expoloits the possibility that mentally ill persons have little or no access to such documents and related provisions, basically telling me that he can do whatever he wants. Mr. Nelson also expressed himself as being rather out of touch with the concept of voluntarily cooperative patients such as myself, when he points out my right to "request discharge" if I am not satisfied with "the treatement" that I was receiving. The Arizona state Hospital is not a Motel Six, and my very clear dissatisfactions with my treatment at ASH were always founded upon equally clear reports of staff misconduct and related unlawfulness.   Mr. Nelson's position on these matters, as stated in this letter, reeks of administrative disregard for patient, and is very akin to the discriminative tendeny of ASH physicians in terms of how they sp often abuse their respective authority, doing whatever they want to with no concern whatsoever for the wellbeing of their patients, and then chalk it off in the context of treatment needs. In both contexts, it is criminally extreme abuse of the "powers" and directly related responsibilites that people like Mr. Nelson are granted and assigned via the public trust, and in my humble opion, misconduct that absolutely pollutes and disqualifies them from the privileges that society grants such individuals in society today.  

As evidenced in Nelson's langauge in the above letter, these specific matters offer an outstanding example of the severity of administrative negligence that I experienced while hospitalized at ASH, and very clearly represents the substandard conditions that the patients at the Arizona State Hospital are subjected to on a daily basis. My "treatment" at ASH was not unusual, in this sense, and it goes to show that ASH operates in direct defiance of the ADA and other highly valued mandates of common deciency and protocol on a daily basis.  

At this time, I have prevailed in fighting ASH' and ADHS' attempts to cover up the highly egregious retaliation that I was subjected to by the September 06, 2011, unit transfer from what is possibly the most peaceful unit at ASH to the arguably most violent one; and I have yet to hear, but as with the original September 06, 2011, grievance report that led to ASH Supervisor and Chief Medical Officer Dr. Steven Dingle's  decision to punish me for my self advocacy efforts, there is a pending (yet to be scheduled) hearing that will be conducted in the Arizona Office of Administrative a hearings in downtown Phoenix in specific relation to my allegations concerning retaliation, and the high degree of risk that was posed to me for the last 6 months of my so called "treatment" at the Arizona State Hospital.

I cannot easily describe the extent of violence that I was exposed to after my transfer to Desert Sage East unit, but suffice it to say, it is a unit specifically staffed and designed to house the most problematic, and potentially violent,  patients on the civil side of ASH . As such, the atmoshpere on Desert Sage East contradicts my personality characteristics and the very heart of my given diagnosis. The impacts of this action led to myriad experiences on that unit were deeply disturbing and very detrimental to my overall well being. In sum, I was assaulted by mentally disturbed patients on nine occasions during the whole of my nearly two year period of hospitalization in mental health facilities, ASH and elsewhere circa 2010-2012, and in none of those occasions did I so much as strike back in my own defense or otherwise engage in violent acts. I am a nonviolent person dedicated to civil interactions with others at all times, I have no history of violence or related criminal record, and to quote a rather well known Kinks song: "I'm not the world's most physical guy...", either. It is my express contention that ASH administrators and clinicians knew this about me (how could they not?) when they opted to subject me to the highly volatile and clearly dangerous environment of Desert Sage East. I am still bothered by very real anxiety and fear that stems directly from the months I spent on that unit, and I am uncomfortably distrustful of medical authorities now, too, in direct relation to the radically criminally malfeasant abuse of power that was subjected on me in this matter. It is a bottom line fact that any number of nonviolent mentally ill adults at ASH are subjected to retaliation and related undue exposure to harm on a day to day basis.          

Hopefully, these documents will give readers an idea of the systematic manner in which ASH administrators and department of health representatives flaunt their ill conceived sense of power and authority over persons effected by serious mental illness and related disability as matter of standard practice. It is criminal and inhumane to the nth degree. Let's stop it today.

(2016 Update: Read my lips, people. Each and every ASH patient is seriously disabled under state and federal law. It's like, duh! They're being treated on a long term, in-patient basis in a state operated hospital, for crying out loud. Regardless of the motives of persons willing to abuse ASH patients, and so on, the bare fact is, these highly at-risk and disabled citizens of the United States are being subjected to grossly substandard medical care, and it occurs on the basis of there given disability. It's that bad, it need to be stopped once and for all.)

paoloreed@gmail.com