United States District Court 
Eastern District of California 
Chief Judge William B. Shubb 
501 "I" Street 
Sacramento, CA 95814 

Re: Complaint of Scott Larson, T-56086 
High Desert State Prison 
Case Number unknown 
Mailed on September 19, 2002 

Honorable Chief Judge Shubb: 

I am writing concerning the recently filed Complaint by Scott Larson, T-56086, who now resides at High Desert State Prison.  Scott has landed at High Desert due to draconian laws called "enhancements," where doing something stupid shooting off a gun, where there was no injured party, but due to lies of witness, poor defense, Scott was found guilty of attempted murder.  This will be a case for the Appeal Court.  The enhancements gave him 10 years and 20 years, so his total sentence was 33 years 8 months.  As you can see, he probably should have received 3 years 8 months.  So this puts him in Level IV, in with the lifers and murderers and he never murdered anyone. 

In the Complaint that was mailed from High Desert on September 19, 2002, Scott tells the story that he was joking about his "pet mouse having his cell mate in a head lock."  One of the Correction Officers DeLong said, "And your telling me because. . .you like to 'tell.' "  If you don't know or understand what this means and why this is so dangerous for Scott, it is like putting a red flag in front of a bull.  Prisoners will beat or kill a "snitch" and I'm sure that this officer knew this, so for her to do this in front of about 30 prisoners was very wrong.  Scott immediately told her, "That's wrong to say." 

So Scott is between a rock and hard place, on one side are the guards who met out their own retribution against prisoners, which they do all the time, in that they obstruct justice for those who file lawsuits.  They were already involved in Obstruction of Correspondence, which is a violation of Federal  Law, 18 U.S.C. §1702. 
 
 

Then the prisoners have their own style of retribution, and this last year a prisoner was murdered in the Yard by prisoners.  So Scott has good reason to fear for his life if the other prisoners think he might "tell" or be a snitch to the guards.  Unless they understand that this was set up by the guard and Scott can convince them that this was unprovoked.  Since Scott filed this lawsuit, I must assume he has good reason to also fear the prisoners many who have murdered in the past. 

Retribution is a very serious problem for prisoners, I know from experience in writing a Supplemental Brief with the permission of the California Third Appellate District.  I wrote the Brief and had nothing but trouble getting the documents in to High Desert for Jerry Wayne Morgan's signature, the original copies never were returned, but a copy with Jerry's signature was returned and I was able to do the proof of service and get it filed on time, but received nothing but Obstruction of Justice by the High Desert staff.  You can see this story on my Website below, or plug his name into Google search, and my Rotunda and another Website will pop up with the story. 

This case did win, but you would never know that Morgan won, and at High Desert they tried to have Morgan killed out on the Yard, and he showed me a scar on his left jaw where they missed by an inch in killing him.  This was a set up, and I've been told that the knives are handed out to the "lifers" just for this purpose.  But a real investigation has never been done, to get to truth of this matter.  Now Morgan is back in Shasta County, where the guards beat him up real bad, and again nothing has been done or a real investigation, only a cover up by the guards and the Code of Silence is still intact. 

So I'm writing to ask you to take Scott Larson's request to be moved, and an Order that the retribution be stopped be granted.  As this is urgent, as his life is in real danger right now!  That Scott's "Motion Granting Restraining Order," be granted immediately. 

Just to make a point I typed up Scott Larson's Complaint on pleading paper, I did run it through the spell checker, but left what he said.  I could help prisoners with their legal preparation per authority of Johnson v. Avery , 393 U.S. 483 (1969), if there was not so much Obstruction of Justice and Obstruction of Correspondence by the Prisons.  Many prisoners miss their time or pleadings are never mailed because of this serious problem.  Scott Larson has read more Opinions that I ever will, and he is quite able to do some of his own legal work, but he does need some outside help and is requesting an Attorney because of this will known and personally experienced problem. 

Thank you for your prompt attention to this matter. 

Sincerely yours, 
 

JDC 
 

cc: Scott Larson 
     Senator Maurice Johannessen 

Scott Larson, T56086                                         CASE NO. ____________ 
High Desert State Prison 
A5 - 108 
P.O. Box 3030 
Susanville, CA 96127 

vs.                                                                      COMPLAINT

High Desert State Prison, et al. 
R.A. Castro, Warden 
C.D.C. Sgt. Wolcott 
C.D.C. Officer DeLong 
C.D.C. Officer Eberle 
__________________________________/ 

 California Department of Corrections (C.D.C.) staff made wilful, malicious statements which put petitioners life and well-being in immediate danger. 

 On August 12, 2002 Petitioner was returning from recreational yard with approximately 32 other inmates.  (at such time petitioners cell mate stayed in from years).  As all 32 inmates lined up in front of their cell doors waiting to be opened, Petitioner made a "joking" comment to C.D.C. Officer "DeLong."  (Who was approximately 50 feet away)  Petitioner said, "hey Ms. DeLong my "mouse" has my  cell mate in a head lock."  [NOTE:  This "mouse" is a pet for both Petitioner and Petitioners cell mate.  Several C.D.C. Officers have known of this mouse including Ms. DeLong.] 

 C.D.C. Officer DeLong said, "And your telling me because. . .you like to 'tell.'"  Then Petitioner raised his index finger and pointed it at Officer DeLong and said, "That's wrong to say."  Officer DeLong then in return said, "don't point your finger."  This comment was maliciously, sarcastically said in order to get Petitioner in trouble with other inmates.  [NOTE:  Petitioner is a "lifer" who will be living on the highest and most dangerous prison Level IV.  Such comments will cause serious injuries to Petitioner and possible death.]  After such comment all inmates became quiet, due to inmates were listening to the comment made by Officer DeLong.  [NOTE:  There is approximately 150 other inmates in the building who could have heard such malicious comment.  (These accusations by Officer DeLong "that Petitioner likes to tell" are completely false statements.) 

 After such comment, in several attempts to try to resolve the situation by Petitioner (Approximately 6), the Officers completely ignored Petitioner.  Then even in one attempt Petitioners cell mate tried to get their attention and officer Eberle said "NO."  (He meant he will not try to resolve this problem.) 

 Petitioner is unable to exhaust all remedies due to fear of retaliation by C.D.C. Staff. 

 On July 28, 2002, Petitioner filed a C.D.C. form "602," which is a way of a complaint process.  [See attached Exhibit "A"] 

 When Petitioner submitted this "602" form, Sergeant "Wolcott," came to Petitioners cell and "threatened" Petitioner by saying, "now your bringing heat on yourself."  [NOTE:  Petitioner has multiple witnesses who hear this.] 

 Due to these malicious, willful, "threatening" statements and actions by C.D.C. Staff it makes it "impossible" for petitioner to exhaust all remedies, for Petitioner is in "fear" of retaliation from C.D.C. Staff members. 

 [NOTE:  Petitioner has multiple witnesses who are in "fear" of retaliation from C.D.C. Staff.  Petitioner will give "information" only under "seal" or in an "in camera hearing."]  In order to protect witnesses identity. 

 Petitioner believes his "legal" and regular U.S. Postal mail is being "tempered" with, by C.D.C. Staff members. 

 Petitioner is a "legal" aid for all inmates.  And due to Petitioners knowledge of law, petitioner believes that the H.D.S.P. mailroom is keeping his mail and severely delaying it.  Continuously Petitioners mail is taking 17-21 days for delivery.  Petitioner believes this is more willful, malicious, misconduct by C.D.C.  Staff members in order to stop and hinder Petitioner from helping other inmates exercise their constitutional rights. 

 Retaliation from C.D.C. Staff has injured Petitioners appeal. 

 These issues that have been brought up in (A-C) due to malicious, willful, retaliation from C.D.C. Staff, has completely hindered and injured Petitioners direct appeal. 
By. 

 1)  Petitioner has been unable to concentrate on his direct appeal. 

 2)  Has caused physical pain such as stomach aches and headaches, which Petitioner now takes medication for. 

 3)  Petitioner is in constant "fear" for retaliation in some form from C.D.C. Staff. 

 4.  Lack of "legal" papers being sent in through the U.S. Postal Service being delayed or not delivered at all. 

 Petitioner requests the Honorable Courts not to prejudice him n the "sloppiness" and "format" of this §1983 suit, due to Petitioner felt this should be addressed to the Courts immediately, where the Petitioner is in "fear" of his immediate life.  Petitioner lacked the time to prepare such §1983 suit in a more through manner. 

 Petitioner also expects the Honorable Courts to treat this as the most "seriousness" of offenses which is causing Petitioner to be in immediate physical and mental danger. 

 In conjunction with this §1983 suit, Petitioner has notified other outside agencies who may wish to investigate these serious issues further. 

 There are multiple other occasions that C.D.C. Staff members have harassed, and violated Petitioners constitutional rights, which will be brought up in further proceedings.  Petitioner "must" file this before any more retaliation occurs, in order to protect himself and worries of being interceded through the HDSP mail system. 

 Violation of Prisoners Eighth Amendment Right to be free from the use of excessive emotional distress. 

 1)  Defendants violated Petitioners Eighth Amendment right to be protected fro4m cruel and unusual punishment in the form of excessive unnecessary and wanton infliction of psychological and emotional distress, as here in alleged. 

 2)  Petitioner is informed and believes, and thereon alleges, that Defendants are in a position of authority such that he could arrange, or order to be arranged, a transfer for Petitioner away from H.D.S.P., where Petitioner is subjected to retaliation and is fearful for his well-being and safety. 

 3)  Defendants acts, as alleged herein, were despicable, knowing, willful, malicious, and/or carried out with reckless disregard for Petitioners federally protected rights. 

 4)  As a direct and proximate result of all of the Defendants actions herein alleged, Petitioner suffered, and continues to suffer, mental, and emotional injury.  Petitioner is entitled to an award of compensatory and punitive damages for injuries suffered. 

 5)  Petitioner is entitled to injunctive relief, including, but not limited to, an order requiring his transfer away from HDSP, where he will not be subjected to retaliation instigated and/or ratified by any of the Defendants.  There is no adequate remedy at law to protect Petitioner from said retaliation, and without the equitable relief sought he is susceptible to great and irreparable injury.  The balance of hardships tips markedly toward Petitioner in that there would be little or no prejudice or harm to the Defendants should Petitioner be transferred away from HDSP, but great harm to Petitioner should he be required to stay at that institution. 

 Violation of Prisoner's Eighth Amendment Right to [be] have personal safety. 

 1)  In doing as alleged hereinabove, Defendants acted with deliberate indifference to Petitioners personal safety, and subjected him to unnecessary and wanton infliction of psychological and emotional distress, in violation of his rights under the Eighth Amendment.  Specifically, Defendants were deliberately indifferent to Petitioners right to have personal safety when they intentionally, knowingly, and maliciously inflicted emotional abuse and humiliation on Petitioner by making untrue statement that Petitioner likes to "tell." 

 2)  Defendants acted despicable, knowingly, willfully, and maliciously, or with reckless or callous disregard for Petitioners federally protected rights. 

 3)  As a direct and proximate result of all of the Defendants' actions herein alleged, Petitioner suffered, and continues to suffer psychological and emotional injury.  Petitioner is entitled to an award of compensatory and punitive damages for injuries suffered. 

 Wherefore, Petitioner Scott Larson prays for the following relief: 

 1)  Injunctive relief; 

 2)  Compensatory damages according to proof; 

 3)  Punitive damages according to proof; 

 4)  Reasonable Attorney fees pursuant to 42 U.S.C. §1988. 

 5)  Costs of suit; and 

 6)  Such further relief as the Court deems proper. 

Petitioner Scott Larson hereby demands a trial by Jury. 

Dated:     September 18th, 2002    By: _____________________________ 
                                                           Scott Larson, Pro Se