Dear Friends:
This letter from Ramsey Muniz describes the
violation of his constitutional rights for
the past eleven years. We continue to make
this information known, and have received
encouraging support from congressmen.
Please distribute. — Irma L. Muniz
4/7/06
Violation of my Constitutional Rights Under the Eighth Amendment – Cruel and Unusual Punishment
Before reading this constitutional opinion,
it is important that you first examine the attached
medical narrative (exhibit A), sent by
Dr. Pete E. Garcia, in charge of the Orthopedic
Surgery and Sports Medicine Clinic, to the Warden
at the United States Penitentiary in Leavenworth,
on February 1, 1995. If necessary, one will be able to find in
my federal sentencing transcript where
unmistakably I be confined in a Federal
Correctional Institution (FCI), and not in a
hard core federal penitentiary. The Bureau of
Prisons and the United States Marshall’s Office
disregarded the legal intentions of the federal
judge, and instead confined me in the Leavenworth
Federal Penitentiary.
From the commencement of my incarceration,
I was suffering from my physical disability and
medical conditions. I constantly complained to
the institutional medical authorities about my
physical condition to the conclusion that I could
not levitate from my bunk bed for days, suffering
extreme spasms, arthritic pain, inflammatory
rheumatism, distress, agony, and affliction.
This cruel and unusual punishment continued for
a period of over eleven (11) years.
On or about 1996, due to the weakness and
physical disabilities of my knees, I incurred a
most drastic fall and injured my left hip. After
various days confined to my bunk bed, several
inmates provided assistance in carrying me to the
institutional medical facility. The result was the
same as before. X-rays were not taken, a full
medical examination was not provided, and the only
remedy was aspirin and a cane, which I use to this
very day. The continuous denial of proper medical
attention and care for the last ten (10) years
pertaining to my hip was a violation of my
constitutional right – cruel and unusual punishment.
On August 22, 2005, I became extremely ill to
the point that I was carried on a stretcher to the
institutional medical facility in Leavenworth.
After four hours of examinations, they finally
decided that I be submitted to St. John’s Hospital
in Kansas City, Kansas. What was to be a simple
overnight operation resulted in a near death
medical situation. From St. John’s Hospital I
was transferred to Pawnee Hospital, and In turn
I was transferred to Providence Hospital for
surgery once again. Only five days after the
operation, I was chained, shackled, and transferred
to this present medical facility for federal
prisoners in Springfield, Missouri.
I continue to complain about my existing
physical condition – knees, left hip, and back
condition due to a large herniated disc. I persist
with the assistance of my family and attorney that
x-rays be initiated of my left hip and knees. After
performing an x-ray of my hip, they found that it
had to be replaced and should have been medically
attended to years ago.
Since my severe illness of August 22, 2005,
I have been on a liquid diet because of my dentures.
Only two weeks ago I began to eat properly, but
I continue to be extremely physically weak and not
in a medical position to undergo an immediate hip
surgery.
An attorney, my family, and others have
respectfully requested that my hip operation be
delayed for a reasonable time so that I may recover
my physical, emotional, and mental strength.
It is of record that the Springfield medical
staff authorities have not yet shared with me the
medical evaluation report submitted by Dr. Pete Garcia, Orthopedic Surgeon of Corpus Christi, Texas, nor have they taken x-rays of both my knees. To continue denying full medical evaluation and proper professional care at this medical facility is a continuous violation of my eighth amendment — cruel and unusual punishment.
As a graduate of Baylor School of Law and a
practicing attorney for many years (prior to my
unjust confinement), it is my legal opinion and
position that I be remain confined to this United
States Medical Center for Federal Prisoners in
Springfield, Missouri, until I am medically
examined and treated for both my knees. To do
otherwise or attempt to confine me once again
in a United States penitentiary instead of a
low level institution (FCI) would be a blatant
violation of my constitutional rights pertaining
to cruel and unusual punishment.
How much more must I suffer after more than
ten years of extreme and severe punishment. I am
63 years old and in pursuit of justice in the
United States of America’s constitution.
In exile,
Ramsey R. Muniz
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Texas Civil Rights Review 