Helenawinds

Montana Justice Reinvestment. Millions have been spent and I am angry.

MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY

JOSHUA JAMES HEMMY,		Cause No. BDV-22-357
Plaintiff,
V.		AMENDED COMPLAINT
		FOR DAMAGES AND
		DEMAND FOR JURY TRIAL
CASCADE COUNTY,	Defendant.

COMES NOW, the Plaintiff, Joshua James Hemmy, by and through his attorneys of record, and file this Amended Complaint.

The first filed complaint named individual detention officers in their official capacity as defendants, however, as the claims in this case are against the governmental entity itself Cascade County, this Amended Complaint intends all claims remain in full force and effect against the County. This Amended seeks to correct the record to comply with naming the sub-governmental entity alone, but in no way seeks to limit the rights of Plaintiff or limit Plaintiff’s causes of action for the claims against the remaining defendant sub-governmental entity employer Cascade County Sheriff’s Office or prejudice or limit any liability under the theory of Respondeat Superior or Mont. Code Ann. § 2-9-102, for the actions of the named defendants being removed in this Amended Complaint.

INTRODUCTION

I. Joshua James Hemmy, (“Plaintiff’), files this action in his individual capacity as he was subjected to a violent, visual, physical forced inspection of his body, including his anus, (“strip search and cavity search”), after being cited and booked into the Cascade County Detention Center (“Detention Center”), on misdemeanors for: (I) Criminal Trespass to Property, (2) Obstructing a Peace Officer, and (3) Disorderly Conduct. Such searches were conducted without reasonable suspicion to believe that Plaintiff was concealing a weapon, contraband, or evidence of the commission of a crime. These searches violate § 46-5-105, MCA, which states the following:

A person arrested or detained for a traffic offense or an offense that is not a felony may not be subjected to a strip search or a body cavity search by a peace officer or law enforcement employee unless there is reasonable suspicion to believe that the person is concealing a weapon, contraband, or evidence of the commission of a crime.

Further, the searches directly violated § 46-5-105, MCA, the statute “unequivocally prohibits suspicionless strip searches of those arrested for minor offenses in any situation.”

Rogers v. Lewis and Clark County, 2020 MT 23, 33.

If law enforcement had a reasonable suspicion that a person entering the Detention Center was concealing a weapon, contraband, or evidence of the commission of a crime, such facts would be set forth in police reports generated either by the arresting officer or a deputy at the Detention Center. Upon information and belief, no such police report(s) exist in this matter.

JURISDICTION, VENUE, AND PARTIES

This Court has jurisdiction over this action pursuant to§§ 3-5-302 and 3-5-312, MCA. This Court has personal jurisdiction over Defendants pursuant to Rule 4(B), M.R.Civ.P. and Mont. Const. Art. 11, § 18.
The events that form the basis of this Complaint transpired in Cascade County, Montana.

Venue is proper pursuant to §§ 25-2-125, 25-2-126, and 25-2-117, MCA.

The Plaintiff is and was, at all times pertinent, a citizen of the United States and a resident of the state of Montana.
The Plaintiff was arrested in Cascade County within the applicable statute of limitations and detained at the Detention Center for offenses that were not felonies, was directed to a padded cell, and was subjected to a strip search and cavity search at the Detention Center without reasonable suspicion for the strip search or probable cause for the cavity search.
Defendant Cascade County is a political subdivision of the state of Montana. By statute or custom, Cascade County is responsible for the custody of persons detained by the Cascade County Sheriffs Office and the Great Falls Police Department at the Detention Center for all offenses for which persons are arrested or detained in Cascade County, Montana.
Cascade County Sheriffs Office is the chieflaw enforcement agency in Cascade County, Montana, and is responsible for the custody of persons detained by the Cascade County Sheriffs Office and the Great Falls Police Department at the Detention Center.
Jesse Slaughter is the Cascade County sheriff, who is elected by the residents of Cascade County, and is the chief executive officer of the Cascade County Sheriffs Office. Slaughter commands the staff and oversees all law enforcement operations for the Cascade County

Sheriffs Office, including the Detention Center.

Corey Reeves is the Cascade County undersheriff, who commanded the staff and oversaw law enforcement operations at the Detention Center during portions of the applicable statutes of limitations.
Jason Corscadden, a Detention Center employee, performed the strip search/ cavity search of Plaintiff at the Detention Center.
Gabrielle Heaton, a Detention Center employee, performed the strip search/ cavity search of Plaintiff at the Detention Center.
Tracy Moore, a Detention Center employee, performed the strip search/ cavity search of Plaintiff at the Detention Center.

The Plaintiff does not know the true name of other Detention Center employee(s), who performed the strip search/ cavity search of Plaintiff at the Detention Center.

FACTUAL ALLEGATIONS

On August 1, 2020, Officer Adam Olson (“Olson”), and Officer Tad Kimmet, (“Kimmet”), Great Falls Police Department, were dispatched to Benefis West Campus in regard to a male that was being loud and appeared agitated.
The male, identified as Plaintiff, was eventually arrested and cited for Criminal Trespass to Property, Obstructing a Peace Officer, and Disorderly Conduct, which are all misdemeanor offenses.
Olson transported the Plaintiff to the Detention Center and released him to Detention Center staff.
At the Detention Center, the Plaintiff took a shower and dressed into his regular clothes after completing the shower.

Detention Center employee, Jason Corscadden, (“Corscadden”), then escorted Plaintiff to a padded cell in order to conduct a strip search.
Deputy Riley McDermott, (“McDermott”), Cascade County Sheriffs Office, interviewed

Detention Officer Gabrielle Heaton, (“Heaton”), and Corscadden, who both informed that they were escorting Plaintiff to the padded cell to conduct a strip search. The report indicates that it was going to be a “forced strip search.” McDermott was also informed that Plaintiff was not on drugs but was believed to be mentally unstable.

After entering the padded cell, Detention Officers Corscadden, Moore, Heaton, and John Doe 2 conducted the forced strip search and penetrating body cavity search of Plaintiff.
The Plaintiff refused the search and an altercation ensued.

The strip search and penetrating body cavity search were ordered to be conducted prior to any physical altercation between the Plaintiff and detention center employees.
Plaintiff was subsequently charged with felony Assault of a Peace Officer. The charge
occurred after the strip search and body cavity searches were performed.

All criminal charges against the Plaintiff were eventually dismissed.

There were no booking charges, nor any booking documents for Plaintiff when he entered the detention center. The Plaintiff was never charged (1) Criminal Trespass to Property, (2) Obstructing a Peace Officer, and (3) Disorderly Conduct.

There was no justification, nor need for the strip search to occur, nor any justification, nor need for the penetrating body cavity search to occur. Nor were there any extrinsic circumstances to justify the ordering of the strip search in the first place. Consequently, due to actions and omissions of the Defendant, the Plaintiff has suffered from extreme emotional harms, as well as bodily injury, and as a result, he has had to seek medical treatment.

APPLICABLE LAW TO ALL COUNTS – RESPONDEAT SUPERIOR

All acts and omissions by Detention Center employees related to the allegations set forth in this Complaint are imputed upon all employees of the County under the doctrine of respondeat superior and§ 2-9-102, MCA.

COUNT I – CONSTITUTIONAL VIOLATIONS

Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
Mont. Const. Art. 2, § 10 provides that “the right of individual privacy is essential to the well-being of a free society ad shall not be infringed without the showing of a compelling state interest.”

Mont. Const. Art. 2, § 11 provides in relevant part that “the people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures.”

Defendants violated§ 46-5-105, MCA, by subjecting the Plaintiff to an illegal strip search and Mont. Const. Art. 2, § 10, and Mont. Const. Art. 2, § 11 by subjecting Plaintiff to an unwarranted penetrating body cavity search.
The Plaintiff is entitled to monetary damages for violations of his state constitutional rights.

COUNT II – NEGLIGENCE

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
Defendants had a duty to follow the law, and their own policies and procedures in congruence with the law, and owed a duty of care to the Plaintiff while the Plaintiff was in the Detention Center.

Defendants breached their respective duties of care.

As a direct and proximate result of the Defendants’ breaches, the Plaintiff was injured.

COUNT III – NEGLIGENCE PER SE

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
Defendants violated§ 46-5-405, MCA, by subjecting the Plaintiff to an illegal, forced strip search and penetrating body cavity search.

Section 46-5-105, MCA, was enacted to protect persons “arrested or detained for a traffic offense or an offense that is not a felony.”
The Plaintiff is a member of the specific class of persons that § 46-5-105, MCA, was enacted to protect.
Section 46-5-105, MCA, was enacted to protect the Plaintiff from the exact type of harm that he suffered.

Section 46-5-105, MCA, was enacted to regulate members of Defendants’ class, i.e., peace officers or law enforcement employees.
As a direct and proximate result of Defendants’ violations of § 46-5-105, MCA, the Plaintiff was injured.

COUNT IV – NEGLIGENT SUPERVISION

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Defendant was aware or should have been aware of the fact that the strip search and penetrating cavity search that was conducted was illegal. The supervisors that permitted the activity to occur were negligent in their duties to supervise, train, its employees and enforce the relevant law at the Detention Center.

Defendant owed a duty to the Plaintiff to exercise reasonable care in hiring, training, and supervising employees on the basis of a special relationship between Defendants and the Plaintiff.
Had Defendants not been negligent in their duties to supervise, train, and enforce the relevant law at the Detention Center, the strip search and penetrating body cavity search would not have occurred.
Consequently, the Plaintiff was injured due to Defendants’ negligent supervision in an amount to be proven at trial.

COUNT V – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Plaintiff has suffered serious and severe emotional distress due to Defendants subjecting him to a strip search and cavity search in the Detention Center.
The serious and severe emotional distress was a reasonably foreseeable consequence of Defendants’ intentional acts of subjecting the Plaintiff to a strip search and cavity search in the Detention Center.

COUNT VI – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Plaintiff has suffered senous and severe emotional distress due to Defendants subjecting him to the strip search and the cavity search in the Detention Center.
The serious and severe emotional distress was a reasonably foreseeable consequence of Defendants’ negligent acts of subjecting the Plaintiff to the strip search and cavity search in the Detention Center.

COUNT VII – INVASION OF PRIVACY

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
Defendants committed wrongful intrusions, both negligently and intentionally, into the Plaintiffs private activities in such a manner as to outrage or cause mental suffering, shame, anguish, and humiliation to a person of ordinary sensibilities.
The Plaintiff has suffered mental suffering, shame, anguish, and humiliation due to Defendants’ wrongful intrusion into the Plaintiffs private activities and body.

COUNT VIII – ASSAULT

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Defendants assaulted the Plaintiff during the strip search and cavity search at the Detention Center.

The Defendants’ actions caused Plaintiff to be apprehensive of harmful and offensive conduct.
The Defendants undertook such actions without lawful justification.

The Defendants’ actions caused injury or apprehension of injury.

COUNT IX- BATTERY

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Defendants engaged in the intentional touching and the application of force to the body of the Plaintiff.

The Defendants’ intentional touching and application of force to the body of the Plaintiff was harmful or offensive.
The Defendants’ intentional touching and application of force to the body of the Plaintiff was without the Plaintiffs consent.

COUNT X- FALSE IMPRISONMENT

The Plaintiff realleges and incorporates the foregoing paragraphs by reference as though fully set forth herein.
The Defendants detained the Plaintiff in a padded cell with the express intent of performing a forced strip search.
The Defendants’ detention of the Plaintiff was willful.

The Defendants’ detention of the Plaintiff in the padded cell with the express intent of performing the forced strip search was without the Plaintiff’s consent.
The Defendants’ detention of the Plaintiff in the padded cell with the express intent of performing the forced strip search was unlawful because it was done without the requisite reasonable suspicion necessary to perform such a search in the state of Montana.

JURY TRIAL DEMAND

The Plaintiff does hereby demand a trial by jury on all issues so triable.

REQUEST FOR RELIEF

WHEREFORE, the Plaintiff requests the following relief:

For judgment in favor of the Plaintiff and against Defendants for all damages caused by Defendants’ conduct, including general, special, compensatory, and pre-judgment and post-judgment interest in an amount to be proven at trial.

For attorney’s fees and costs, including those necessitated by this action pursuant to the private attorney general doctrine or any other applicable doctrine of law or equity.
For all other relief that is just and proper.

A mentally ill man is taken into custody for misdemeanor charges. He is taken to the detention center where he is NOT booked in. At least three correctional officers forcibly penetrate his anus causing injuries sufficient for him to seek medical care. There were no booking charges, nor any booking documents. The Plaintiff was never charged with 1) Criminal Trespass to property, 2) Obstructing a Peace Officer and 3) Disorderly Conduct.

Montana is in the middle of a legislative session. Every member of both chambers should be angry. Every citizen in the State of Montana should be angry. Montana has spent millions of dollars pretending to reform criminal justice. The foundation of criminal justice starts at the beginning of the process. If the foundation is bad no structure or organization can withstand. A faulty foundation always leads to the destruction of the structure or organization. You cannot build on a faulty foundation. Yet Montana continues to attempt to build reform on a faulty foundation. We cannot confuse improvement with reform. Yes, we need to improve conditions at our state prisons but that does not constitute reform.

Reform must start at the foundation, not on the second or third floor of the structure. Reform must start with the initial contact and investigators, with the prosecutor and the judge. Law enforcement must be reformed. We must pass laws that law enforcement, investigators and prosecutors cannot lie to the defendant. We have to stop overcharging defendants to make them plead guilty to lessor offenses. Hyperbole by investigators and prosecutors in the court room have to be stopped. Judges have to be held accountable for their “gatekeeping” responsibilities. Any prosecutor that exaggerates to the jury, hyperbolizes evidence and twists statements has to be held in contempt. We must pass sufficient laws to protect the truth in justice. A judge cannot just tell a jury to disregard what they heard. The prosecutor or investigator must be held accountable in front of the jurors. Correctional officers must know the law and what they cannot do. A correctional officer should be given a test every six months as to the laws pertaining to their duties. Every correctional officer should know they cannot forcibly penetrate the anus of a mentally unstable man brought in on misdemeanor charges.

This is the foundation of criminal justice. This is where the strength of the system begins. A faulty foundation will always lead to the destruction of the structure or organization. Do not confuse improvements with reform. Reform starts at the foundation.

Embezzlement Conviction Overturned Due to Lack of Fair Trial, The Honorable Judge Robert L. “Dusty” Deschamps

The Montana Supreme Court on Tuesday reversed a Missoula woman’s two embezzlement convictions based on a few key factors, among them a state prosecutor’s concession she is entitled to a new trial.

Linda Faye Harris, 61, will also appear before a new judge following Tuesday’s order. In her appeal, Harris argued the judge presiding over her case showed bias when he was open about both prematurely considering her guilty and surmising women to be more often guilty of embezzlement than men.

“It’s women that commit this crime most of the time,” District Judge Robert “Dusty” Deschamps III said, according to the transcripts from the January 2018 sentencing hearing included in court filings. “And they commit it big time. And it seems like once they start doing it, they just keep coming back. And she’s evidence of that pattern.”

Harris was convicted in a bench trial in 2017 on two counts of felony theft by embezzlement for taking $9,493 from Gentle Dental and $24,890 from Northwest Denture Center.

Harris initially pleaded no contest to both charges. After hearing evidence presented at a restitution hearing, however, Deschamps asked Harris if she’d like to withdraw the pleas and challenge the charges at trial. She agreed, and Deschamps set the case for a bench trial.

Supreme Court Justices noted in their order, filed on Feb. 25, that Deschamps never asked Harris if she was waiving her right to a jury trial. Additionally, he had declined prosecutors’ attempts to reintroduce evidence heard at the earlier restitution hearing, instead deciding to refer back to the testimony from the restitution hearing, justices wrote. Based on that testimony, Deschamps told Harris he was already mulling a guilty verdict on one count before the bench trial had concluded.

When Deschamps convicted Harris on both counts, sentencing her to 20 years in state prison with 15 years suspended, he set the sentence to run consecutively with a previous sentence for an earlier embezzlement, a $180,000 theft for which she was serving a suspended sentence when the new charges came along.

Harris’ attorneys argued in her appeal that Deschamps had imposed an illegal sentence because it was based, at least in part, on her gender. According to court filings that include parts of the transcript from Harris’ sentencing hearing, Deschamps had deemed embezzlement charges to be “women’s crimes.”

“… And I just think prison authorities and the Department of Corrections need to take that into consideration when releasing these people on parole. They’re serial offenders.”

Harris’ attorneys argued in their August 1, 2019, opening brief that Deschamps’ statements warranted at least a new sentencing before a different judge.

Assistant Attorney General Brad Fjeldheim conceded in a Feb. 20 filing that Harris is entitled to a new trial before a new judge because she had not waived her right to a jury trial. Additionally, Fjeldheim wrote, Deschamps should not have relied on testimony from the restitution hearing during Harris’ bench trial.

Judge Robert L. “Dusty” Deschamps…Is he an angry little boy, mad at mommy for not saving him from the “big, bad priest?”

Missoula Judge Dusty Deschamps, baffling comments at sentencing, baffling sentences imposed and baffling anger toward women. He is a devout Roman Catholic. Dusty and his friends grew up in Missoula. It was the mid 1950s, and their lives were grounded in the big church at the corner of West Pine and Orange streets.

Judge Deschamps sentenced a transient, homeless woman to one year with the Montana Department of Corrections. However, he ordered her to remain jailed until she can pay $500 in restitution and $240 in court costs. She's an unemployed transient. He has never sentenced a man to remain in jail until restitution or court costs have been paid. It must fall under his, 'It's women that commit this crime' angry diatribe.

In another recent sentencing comments, Judge Deschamps says "It's women that commit this crime most of the time," District Judge Robert "Dusty" Deschamps III said, according to the transcripts from the January 2018 sentencing hearing included in court filings. "And they commit it big time. And it seems like once they start doing it, they just keep coming back. And she's evidence of that pattern." The Supreme Court is giving her a new trial. Even the prosecutor was appalled.

About a year ago, Judge Deschamps sentenced a young woman to a lifetime of evil. See my previous post, 4/23/2019, Missoula Judge Robert L. “Dusty” Deschamps, The Use Of Religious References In Judicial Decision-Making. Another of his "It's women that commit this crime" angry diatribe.

A Missoula MT man, Craig Gibson, sexually assaulted a five year old girl on numerous occasions in 2013. The Honorable Judge Robert L. "Dusty" Deschamps sentenced Craig Gibson to twenty years with the Montana Department of Corrections, with all but five years suspended. Judge Deschamps recommended Gibson be placed in the community of Missoula while he is under DOC supervision. No prison time, he just has to pay for the child's counseling. There was no "It's men that commit this crime" angry diatribe. "And they commit it big time. And it seems like once they start doing it, they just keep coming back. And he's evidence of that pattern." No, Judge Deschamps even allowed the sexual deviant to keep his facebook page up with pictures of the victim posted online. See my previous post Missoula’s Honorable Judge, Robert L. “Dusty” Deschamps and A Little Girl’s Picture Book Story.

Dusty and his friends grew up in Missoula. It was the mid 1950s, and their lives were grounded in the big church at the corner of West Pine and Orange streets. The boys were all born around 1944. By mid 1950 they were all 9-11 years old, their lives centered around St Xavier Catholic Church in Missoula Mt.

Priest's name accused of molesting boys at St Xavier Church and year served during the young lives of Dusty and his friends.
     1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 
                                                        
Louis 
 Geis  X    X   X     X     X   X    X    X
Bernard
 Harris                         X    X    X    X    X   X    
Francis
 Callan               X     X
Peter 
 O'Grady                        X    X

It is a terrible time in the history of the Catholic Church and the history of this country. Countless lives have been destroyed. The cycle of abuse has destroyed families, has destroyed the lives of collateral abuse victims. Some victims have continued to victimize and have become perpetrators. Victims of abuse have gone on to victimize in many ways. The power to victimize is manifest in many ways. Judge Robert L. “Dusty” Deschamps has been a prosecutor, a special prosecutor traveling the State of Montana, and a judge in Missoula County MT. His power to victimize is manifest in many ways. His angry diatribes “It’s women that commit this crime most of the time. And they commit it big time. And it seems like once they start doing it, they just keep coming back. And she’s evidence of that pattern.” This diatribe is not attributed to crimes committed by men, only women.

Is Judge Robert L. “Dusty” Deschamps carrying long held anger at women for not protecting him? Is Judge Robert L. “Dusty” Deschamps prosecuting, sentencing and violating the law to punish women? The power to abuse from childhood abuse is manifest in many ways. Did Judge Robert L. “Dusty” Deschamps find a way to punish women for not protecting him as a child? Is he mad at mommy for not protecting him? Ask this question before you cast your next vote to re-elect him as judge.

Montana Department of Corrections, Director Reginald Michael and the New Rape Lawsuit

CLICK ON LINK TO READ THE LAWSUIT

http://helenawinds.com/wp-content/uploads/2019/12/Scan_0011.pdf

Please, can someone ask Reginald Michael where this stops? Maybe with Mr. Michael’s alleged history he isn’t the person to ask. Governor Bullock, where does this stop? Members of the Legislature, where does this stop? Members of the Law and Justice Interim Committee, where does this stop? PREA is a serious issue and someone needs to be held accountable. Apparently only Montana tax payers are held accountable. Your tax money will pay this lawsuit. Who do you hold accountable?

The Scourge of The Montana Department of Corrections- Sanctions and Revocations

This image has an empty alt attribute; its file name is NATO_MT_2018.png

According to the above chart, The State of Montana has the most criminal elements in the founding NATO countries- OR – Montana has the most corrupt, power hungry and politically motivated judges, prosecutors and Department of Corrections in the founding NATO countries.

Montana citizens don't appear to be so different from people from other areas. Here are some interesting facts about people from Montana. Actor Bill Pullman taught film and photography at Montana State University before becoming a full-time actor, and currently owns a ranch near Whitehall. Academy Award-winning director Brad Bird was born and raised in Kalispell. Carroll O'Connor, who played Archie Bunker on the sitcom "All in the Family," attended the University of Montana. Aviator Charles Lindbergh was a mechanic at the Billings Municipal Airport (now Billings Logan International Airport). Country singer Charley Pride played minor league baseball for both the Helena Smelterites and the Missoula Timberjacks. Actor Christopher Lloyd owned a ranch in the Bitterroot Valley for a number of years, on which he spent much of his time. Late-night talk show host David Letterman lives for much of the year on his ranch near Choteau. Actor Dennis Quaid owned a ranch in Paradise Valley, where he spends a significant amount of time. Daredevil Evel Knievel was from Butte. Gemini 7 astronaut and Apollo 8 commander Frank Borman lives in Big Horn County. Academy Award-winning actor Gary Cooper was born in Helena and spent much of his teenage years there before graduating from Gallatin County High School in Bozeman. Space Shuttle astronaut and physicist Loren Acton was born in Lewistown and attended Montana State University, where he is currently a professor of solar physics. There are actually too many notables from Montana to mention, so I am saying the people from Montana don't seem to be as dangerous as the statistics indicate. Perhaps the other theory, corrupt, power hungry and politically motivated judges, prosecutors and Department of Corrections seems more probable.

34% of the prison population in the State of Montana is due to sanctions and revocations of probation and parole resulting from technical violations. Missing an appointment with a supervising officer can result in a return to prison. 25% of the revocations and sanctions are due to very serious violation or new crime. (The above statisics obtained from the Council of State Governments Justice Center.) The Department of Corrections population report, 10/2/2019, reveals there are 2723 inmates incarcerated at the Men and Women’s Prisons. 925 of these inmates are revocations and sanctions. 25% of the 925 revocations and sanctions are due to very serious violation or new crime and these people should be revoked and sanctioned. 694 people in prison are there for a technical violation because meeting their supervision requirements is almost impossible.

The State of Montana is a vast and rural area. For people living on the edge of poverty and trying to rebuild their lives, the costs and logistics of community supervision can be crippling. In Montana, home to 13 federally recognized tribes on seven reservations with few services on site, people may have to travel 60 miles to check in with their probation officer or take a necessary class. Without the means to travel 60 miles on secondary roads during severe weather and lacking cell phone coverage and internet services, these people cannot meet supervision requirements. And yet we continue to incarcerate these people at staggering numbers and overwhelming amounts of money.

It costs tax payers in the State of Montana about $35,000.00 per year to incarcerate one person. Montana has 694 prisoners incarcerated for technical violations i.e. failure to complete a class or failure to check in with a supervising officer when logistically they simply cannot meet the requirement. 694 prisoners X $35,000.00 = $24,300,000. That is twenty four million, three hundred thousand dollars.

The Montana Board of Pardons and Parole holds all their very important parole board hearings through video conferencing. They do not meet face to face with inmates requesting parole. Very important careers such as teachers, nurses, physician assistants are obtained through online classes. Telemedicine and telehealth is transforming medical care in rural areas. Are we ready Montana to transform the lives of people on probation and parole and help them succeed with their supervision requirements or do we just not care?

Twenty four million, three hundred thousand dollars would go a long way in helping individuals to succeed with supervision requirements.  We can use that money to set up video conferencing between impoverished probationers and their supervising officer.  These video conferencing centers can be set up in tribal offices, law enforcement centers, or state offices.  Required classes can be done through internet video conferencing while the probationer is online participating with the class.

Supervising officers travel to these rural areas to do home checks, and assist in arrests, sanctions and revocations.  Perhaps supervising officers could travel to these rural areas quarterly to meet with the individuals they have been communicating with through video conferencing, not to revoke and arrest them but to assist them in succeeding.  I would point out that a chaperone should be included with the officers traveling together so there isn't anymore "he-said" but I digress here.

If a sanction is required maybe community service or house confinement with permission to go to work and medical appointments. Not prison. Use the money for success, not failure. Despite the prison sanctions and revocations of the Montana Department of Corrections, I just don’t believe Montana has the worst criminal elements in the founding NATO countries. However, we may have the most corrupt Department of Corrections, judges and prosecutors in the founding NATO countries. The chart seems to indicate that.

“Power intoxicates men. When a man is intoxicated by alcohol, he can recover, but when intoxicated by power, he seldom recovers.” James F. Byrnes. Community Counseling and Correctional Services, (CCCS Inc.)

Deep in the center of Montana lies the refreshingly authentic community of Lewistown. Intersected by a beautiful, spring-fed stream, encircled by gentle island mountain ranges and surrounded by Montana’s natural beauty, Lewistown is a premier destination for fishing, hunting, hiking and biking. Showcasing the heart of a Western lifestyle, Lewistown is the perfect place to find your center. Intoxicated with power from which it seems it cannot recover, Community Counseling and Correctional Services Inc (CCCS Inc) has found its center or so they continue to pretend.

CCCS Inc and its dummy company Montana Behavioral Health Inc is a failing institution. They are hemorrhaging money, losing investments for failure to pay property taxes and closing treatment centers. And yet, CCCS Inc owns a beautiful vacation home deep in the center of Montana on a beautiful golf course surrounded by premier fishing, hunting, biking and hiking. CCCS Inc is also a private contract, non-profit prison. Oh, the profit in non-profit.

This 3360 square foot vacation home has vaulted ceilings, 5 bedrooms and three baths. As with all facilities owned by CCCS Inc. it is carefully staged but deteriorating. There are dead birds on the property, the exterior is in need of repair and of course abandoned. This abandoned property is valued at $330,000.00, one third of a million dollars. One third of a million dollars of taxpayers money. Montana tax payers believed this money would be invested in drug and alcohol treatment for a better Montana. Instead taxpayers got an abandoned deteriorating home.

“Power intoxicates men. When a man is intoxicated by alcohol, he can recover, but when intoxicated by power, he seldom recovers.” James F. Byrnes.

Why is this information important? Montana’s well-vetted legislators are closing the drug and alcohol treatment center at the state prison to send prisoners to CCCS Inc treatment centers. This includes Nexus Treatment Center in Lewistown. Montana is planning on investing millions of dollars into a company that just lost a 2 million dollar property to a California company speculating in delinquent property taxes. CCCS Inc owns a deteriorating abandoned vacation home valued at one third of a million dollars. Two million, three hundred and thirty thousand dollars of tax payer money, designated to treat Montana prisoners, squandered by the intoxication of power. And yet Montana continues to send millions of dollars to a company intoxicated by power from which it will never recover.

CCCS Inc uses the “higher power” concept in its treatment programs. With this concept many are able to recover from the intoxication of addiction. Luke 4:23 Physician, heal thyself. Before attempting to correct others, CCCS Inc needs to be sure they aren’t guilty of the same faults. The intoxication of power.

CCCS Inc cannot heal others until they heal themselves. The intoxication of power has led to a failing company and Montana continues to pour millions of dollars into an intoxicated failing company.

What is the answer? Two million, three hundred thousand squandered dollars would go a long way in helping people to transition out of prison. We have to give people hope. Hope for a better way of life through housing, jobs, medication and community treatment. We have to give people a belief that they are better than the worst thing they did. Despite the millions of dollars poured into CCCS Inc, CCCS Inc cannot give people the hope they need. They can’t heal their own faults, how can they give hope to others.

Hope is being able to see that there is light despite all of the darkness. Desmond Tutu

The gateway to drug and alcohol addiction is childhood abuse. Let’s give hope to these people, not millions of dollars to a failing intoxicated company. Give hope through help. Use the money to actually help people transition.

CCCS Inc (Community Counseling & Correction Service) Butte MT…Mayday Mayday and the Band Played On

Montana Department of Corrections is closing the Montana State Prison’s chemical dependency treatment center that recently opened in the old Treasure State Boot Camp facility at the prison. The 2019 Legislature decided to close the chemical dependency treatment center and open a new sex offender program, rationalizing the state could use available beds for chemical dependency treatment in contract facilities owned by CCCS Inc. The State of Montana is utilizing a treatment intervention plan developed by Volunteers of America for the University of Cincinnati.

Volunteers of America (VOA) is a faith-based non-profit organization founded in 1896 that provides affordable housing and other assistance services primarily to low-income people throughout the United States. Headquartered in Alexandria VA, the organization includes 32 affiliates and serves approximately 1.5 million people each year in 46 states, the District of Columbia and Puerto Rico.  In addition to those in need of affordable housing, VOA assists  veterans, low-income seniors, children and families, the homeless, those with intellectual disabilities, those recovering from addiction, and the formerly incarcerated.  Volunteers of America are more than a nonprofit organization. They are a ministry of service that includes nearly 16,000 paid, professional employees. This organization is not required to file an annual return with the IRS because it is a church.

The curriculum designed by VOA and utilized by the Montana Department of Corrections consists of 80 sessions for 1.5 years. Blue Cross Blue Shield, an insurance company, Medical Policy #3.01.17 requires the sex offender treatment program must meet the following requirements: treatment programs consist of 104 sessions for 2 years.  The insurance company has stronger requirements than the State of Montana Department of Corrections for sex offender treatment.  But wait...there's more.  There is about 500 sex offenders incarcerated at Montana State Prison.  The old Treasure State Boot Camp facility has 60 beds.  It will take 12 YEARS to put all the sex offenders through the program.  A sex offender going in to the prison today will have to wait 12 YEARS to get in to the program.

Montana Department of Corrections Deputy Director Cynthia Wolken expressed her excitement in the new treatment program. I’m a little less excited about it.

According to Representative Ryan Lynch, a Butte Democrat, this recent legislative decision was well-vetted by the Montana legislators. CCCS Inc, a Butte private prison contractor, owns the contract beds the State of Montana will use for the drug and alcohol addiction treatment program for the Montana State Prison. Let’s look at some facts about CCCS Inc the legislators may not know.

CCCS Inc is the parent of another company called Montana Behavioral Health Inc.  The board members of CCCS Inc include Mike Thatcher, Don Peoples and Perry Hawbaker.  Board members of Montana Behavioral Health include Mike Thatcher, Don Peoples and Perry Hawbaker.  Montana Behavioral Health filed Federal Form 990 wherein they stated that CCCS Inc pays all expenses for Montana Behavioral Health.  Montana Behavioral Health listed assets of $2,047,233.00 for land owned in Deer Lodge County.  This land was intended for the purpose of private contract beds for drug and alcohol treatment owned by parent company CCCS Inc and hidden under the name of Montana Behavioral Health Inc.  CCCS Inc purchased land under the cover name of Montana Behavioral Health, appraised at just over 2 million dollars.  But wait...there's more.  CCCS Inc was unable to pay the taxes for the land purchased under their cover name of Montana Behavioral Health and the taxes were bought up by an out of state company called the Wayne S. Hansen Trust out of Oakland, California for under $100,000.00.  CCCS Inc, a failing company, lost their investment of 2 million dollars because they couldn't pay property taxes.

The well-vetted legislators are now planning on sending prisoners from the Montana State Prison to a failing company, CCCS Inc, for drug and alcohol treatment to open a sex offender treatment center that will take a prisoner 12 years from today to get into the program. I guess the legislators weren’t quite as well-vetted as they thought. Thank you, Representative Ryan Lynch from Butte.

The State of Montana is literally banking on a failed company, CCCS Inc, that is unable to pay property taxes, to provide drug and alcohol treatment to Montana State Prisoners. The ship is sinking… Mayday Mayday and the State of Montana band plays on.

How excited are we now, Cynthia Wolken?

Who Owns The New For-Profit Illegal Immigrant Detention Centers – You Do

I first published this post, April 28, 2017. These centers were originally being built under President Obama and are continuing today. You own these immigration centers. If you want something done…do it!

Two of the nation’s largest for-profit prison companies are publicly traded on the New York Stock Exchange. Corecivic (formerly known as Corrections Corporation of America) and GEO Group are the world’s leading providers in for-profit incarceration. Corecivic owns the private prison in Shelby MT, Crossroads Correctional Facility.

Corecivic and GEO Group are in a fast and furious competition to build huge holding areas and prisons for illegal immigrants that are detained in the United States. These holding areas and prisons are commensurate with the private prison holdings that are built for American citizens. That is to say they dehumanize, degrade, abuse and provide substandard care for the humans placed in their facilities.

Many Montanans have strong opinions about immigration and illegal immigration in the United States. Many op-eds, speeches, rallies, and marches have been held in Montana supporting immigrants to the United States. Safe zones are created and people feel really good about the actions they take. People are mad about the treatment of immigrants. Let us see how mad you really are.

Vanguard Group Inc is the largest institutional investor in GEO Group. The largest owner of Corecivic is Vanguard Group Inc. The other significant holder is Blackrock Funds in both GEO Group and Corecivic

The State of Montana, through its investment portfolio, is invested in Vanguard Group Inc and Blackrock Funds. Every time you cash your Montana Employee Retirement check or your teachers retirement check you are cashing in on your investment of each detained and imprisoned immigrant and every prisoner confined in overcrowded prisons. For every SNAP recipient, welfare recipient and recipient of Medicaid in Montana, your benefit is based on the number of immigrants detained and imprisoned and for every prisoner forced into overcrowded prisons. How mad are you now?

If you are still mad about the conditions placed on immigrants and prisoners, contact your legislator and tell them to pull your investments in Vanguard and Blackrock and accept a lower benefit. If you are not willing to accept a lower benefit from the loss of the investment then you are complicit in the detainment and imprisonment of immigrants. How mad are you now?

You can march and rally and carry your little sign. The real test is are you willing to pull your investment in immigrant prisons and private prisons for American citizens and accept a lower benefit. Or do you demand the same benefit off the suffering of these humans. You own the investment, you decide. The prisons are yours, make the decision then take action or take the money and be complicit in the suffering you are rallying about.

Missoula’s Honorable Judge, Robert L. “Dusty” Deschamps and A Little Girl’s Picture Book Story.

A Missoula MT man, Craig Gibson, sexually assaulted a five year old girl on numerous occasions in 2013.

April 7, 2015, The Honorable Judge Robert L. “Dusty” Deschamps sentenced Craig Gibson to twenty years with the Montana Department of Corrections, with all but five years suspended. Judge Deschamps recommended Gibson be placed in the community of Missoula while he is under DOC supervision. No prison time, he just has to pay for the child’s counseling. Montana Code Annotated 46-18-222(6) allows the judge to make this determination.

 “One of the things is he’s almost claiming to be the innocent victim of circumstance,” Deschamps added, asking Dr. Michael Scolatti, who conducted Gibson’s psycho-sexual evaluation, if he believed the defendant had accepted responsibility for his actions.
“I don't think he is accepting full responsibility, and I do think he is minimizing,” Scolatti said. “I think he facilitated this and encouraged this. That's bothersome to me.”

Craig Gibson is a pedophile that sexually assaulted a five year old girl on numerous occasion. He also has a facebook page with pictures of him posing with a young girl. I have intentionally cropped the child’s face from the pictures.

Judge Deschamps did not order the removal of these pictures from Gibson’s facebook. Gibson’s probation officer did not order him to remove these pictures from his facebook.

 Gibson’s attorney, Pat Sandefur, argued the defendant was ashamed and embarrassed by the incident and had a difficult time expressing his guilt to the psychologist during the evaluation.

He also said the defendant has no previous felonies and has had no contact with the child since he posted bail in September of 2013. He’s been gainfully employed for four years, and will be able to pay for the girl’s counseling for the remainder of his life.

Pay for the girl’s counseling for the remainder of his life? What about the remainder of her life? What happens to this child’s mental health when she finds this facebook page with Gibson cuddled up to a little girl during the time he was sexually assaulting her, the victim? She will find out there is no justice from Judge Robert L. “Dusty” Deschamps.

These are not my pictures. For decency sake I have cropped the child’s face from the pictures. These pictures are online for all to see on Craig Gibson’s facebook page. The judicial system has failed the children of Missoula by not protecting them from a pedophile that posts pictures of children on his facebook page. Gibson need only visit his facebook page to meet his sick psychological needs. Judge Deschamps and the Department of Corrections have failed all the children of Missoula and Montana.

Missoula, are these your values? You need to hold the Department of Corrections accountable and you need to replace Judge Deschamps. No pedophile should be allowed to post pictures of children online and not be ordered by the judge or their supervising probation officer to remove the online pictures. Stand up Missoula and protect your children. Don’t leave it to Judge Deschamps to protect your children because he has failed in his obligation to the children.

Missoula MT Judge, Robert L. “Dusty” Deschamps, Improper Influence In Official and Political Matters

MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.

The Deschamps family has been in the Missoula Valley for 145 years, nine generations. The family lines are way too many to delineate here. Suffice it to say, David Deschamps is related to Judge Robert L “Dusty” Deschamps. David Deschamps decided he wanted to sell life and disability insurance. The only problem being he has a felony conviction for bad check writing. He was sentenced to five years with the Department of Corrections with 2 years suspended. There was another warrant out for bad checks after the sentence was pronounced.

David Deschamps took and successfully passed his life producer exam.  He then took and passed his health producer exam.  (An insurance producer is a general term applied to anyone who engages in the sale of insurance products.  Producers must be licensed by the state in which they wish to sell insurance). David Deschamps then made application to the Montana State Auditor and Commissioner of Insurance for a resident, individual (life and disability) producer exam.  David marked "no" in response to question 10 of his application asking whether had "ever" been convicted of a felony.  David's application was rejected due to a criminal history check and he requested a contested case hearing.  During the hearing, Deschamps admitted that, although he knew he had a felony bad check conviction, he represented that he had never been convicted of a felony in his application for an individual producer license.  He said he did not believe his criminal conviction would show up on his criminal history check.  Deschamps testified that the reason he wrote bad checks, for which he was convicted, was that he ran out of money in his trust account and just kept spending.  Deschamps testified that he was currently experiencing financial bind and financial strain.  He really needed this insurance license.  I don't see what could go wrong here. Deschamps lying on an application in relation to handling another's money in a fiduciary way.  What could go wrong?

David Deschamps’ application for individual producer license is denied for having attempted to obtain the license through misrepresentation or fraud including, but not limited to, providing incorrect, misleading, incomplete, or materially untrue information by failing to disclose his felony conviction. Fourth Judicial District Judge, Robert L “Dusty” Deschamps, on behalf of Respondent David Deschamps, states that it was some sort of naivety by David and requests consideration of the Insurance Commissioner of excusing David’s mistakes.

Judge Deschamps, using his influence as a District Court Judge, requests the Montana Insurance Commission to disregard MCA 33-1-311, 33-1-311(3), 33-1-311(2), 33-1-102(1), 33-17-201, 33-17-102(9), 33-17-1001(b), 37-1-203, 33-17-1001(1)(b).

David Deschamps blows through his trust account, gets hit with a felony charge because he can’t quit spending, is in a financial bind, and lies on his application. Judge Deschamps requests considerations other than those authorized by law and requests the Insurance Commissioner to disregard Montana laws based on David’s naivety. Judge Deschamps asks the State to give David a license to be in a fiduciary position to accept money for insurance from unsuspecting citizens of Montana. Every defendant appearing before Judge Deschamps should use the defense of “naivety”. Judge Deschamps has set the standard for the defense.

IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS:
MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.

David Deschamps’ felony conviction for writing a bad check is a crime involving financial dishonesty and bears a close relationship to the occupation of an insurance producer, who is required to handle clients money and make truthful and accurate representations to the client. The offense underlying the conviction relates to the public health, welfare and safety as it applies to the licensure of transacting life, disability and health insurance with consumers.

Judge Robert L. “Dusty” Deschamps is guilty of the offense of IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS as defined in Montana Code Annotated 45-7-102(a)(iv). Missoula, is this what you really want?