Journal Entry - September 21, 2004



 
Eric C.R. K'Napp J10618 
Facility "B", CSP-LAC

J 0 U R NAL E N T R Y
Tuesday, September 21, 2004


I received in the mail a CDC Form 128-B dated 9/20/04 Authored and signed by an officer named D.J. Williams, whom I imagine is the male guard who searched me yesterday (which I chronicled), the document states: "This CDC--1.28 B[sic] is to inform you that as of September 20, 2004, you have been temporarily unassigned from your work assignment TEA-B.301 ABE Teachers Assistant [sic].

 It has been alleged that you may have been involved in misconduct. associated with your work assignment," As I said in yesterday's journal entry, I don't know what is going on, but I believe it 
somehow has something to do with my job and the computers located where I work.

 When I started working for the ABE I teacher, Mr. Poitras, on 4/23/04 I was instructed to make the $85,000.00 Plato education system work (the system consists of 10-12 computers networked into a single server on which the Plato software resides). 

Neither I nor my supervisor received any notice or instruction regarding what I could and could not do as a prisoner to make the system work. Then I found myself overwhelmed by the complexity of 
troubleshooting such an intricate system, I asked Mr. Poitras for assistance from a prisoner named Hart, who claims to have more than 10 years of education and experience as a MicroSoft network 
engineer. 

When Hart arrived to assist, I introduced him to the system and told him to make it workable for the students (with the same absence of notice I received regarding what prisoners may and may not do to make a system function properly). In a few weeks, the system was running perfectly.

 As a result of the time and effort Hart and I put in, we saved the prison several thousands of dollars they would have had to pay a Plato technician to come and service the system, 

So although I do not know exactly what has been "alleged" against me, I am confident that I have done absolutely nothing associated with my work assignment that was expressly prohibited. I am therefore not going to let myself worry about disciplinary action because the federal courts consider disciplinary action without notice a violation of due process:

 "It is clearly established, both by common sense and by precedent, that due process requires fair notice of what conduct is prohibited before a sanction can be imposed." (Newell v. Sauser (9th Cir. 1996) 79 F.3d 115, 1.17; see also, Seehausen v. Van Buren (D.Or. 2002) 43 F.Supp.2d 1165

 The court found that. a disciplinary order violated Seehausen's right to due process of law because "[he was sanctioned for conduct that was not expressly prohibited, and for which he could not have had and did not have notice";).

I, Eric Charles Rodney K'Napp, verify under penalty of perjury that this journal entry is true and was made within just hours of the event(s) chronicled herein.

ERIC CHARLES RODNEY K'NAPP
 


 Journal Entry - September 16, 2004

 Eric K'Napp - Index