Mr. Jack Kavanaugh
Warden - MCAC
401 East Madison Street
Baltimore, Maryland 21202
Re: The right to masturbate
Background
Tyrese J, #244-###, MCAC A-##, in a 2-1/2 page letter (undated, not NF but stamped, postmarked July 20, 1998) writes from A-## that he received a "notice of infection" on 7/17 when a female CO F. McD C apparently peeked through his food slot and a Sgt. S concurred that a "notice of infection" should be issued. Inmate J also claims that Lt. L, Lt. G, Sgt. C, Sgt. S, Sgt. W, Sgt. C, Sgt. P and several other officers have combined with each other to constitute a "Masturbation Task Force". Inmate J, in particular, does not feel in-cell masturbation should warrant "full restraint backwards at all".
Steven B, #216-###, MCAC (on the 29th, stamped by the facility and postmarked on the 30th with the traditional distinctive "THIS IS A PRISON" marking): "On the dates 7/17/98 and 7/27/98 I am being subjective to a lot of harassment ... A and B shifts ... Capt. L, Capt. C, Lt. L, Lt. B, Sgt. S, Sgt. C by being placed in full restraints because of masturbating within the privacy of my cell or in the shower. ..." He goes on to say that DCD 110-23 states that mechanical restraints are not to be used as a method of punishment. In fact, he goes on, a female doing routine count and supervising shower and indoor rec complained to her supervisor and they "place me in my cell for 24 hours with full restraints on." Inmate B's release date is said to be 1/6/99 (about five months away and any form of aftercare not looming) so he wants the situation solved at least by then. He talks about street charges. He names as witnesses J.J., B.D, and A.Z.
Commentary
While the "sin" of masturbation may be inappropriate if done overtly outside the cell on the tier, in the cadre area, or in a social worker's office, despite a criminal conviction and/or utterly valid reasons of correctional adjustment, certain privacy rights still and nevertheless apply.
The absence of radio, television and other electronics - the absence of newspapers for obvious reasons - "recreation" (i.e., time out of cell) limited at most to one hour a day - limited library service - limited range and selection from the existing library and limited reading levels to begin with, these factors tend to preclude more productive use(s) of idle time.
It is known in a wide range of double-celled or dormitory facilities that unwritten codes and courtesies apply between cellmates. If one were to investigate, one might look to requests for housing reassignment within the same security level for stated reasons and trends. You will find that smoking/no-smoking, white/black/other, or hopper/"old guy" have more to do with dissention and dissatisfaction. In other words, the "masturbation" factor does not really factor in anywhere else in the system.
From the standpoint of professional corrections, enforcement against masturbatory behavior, for an individual within the confines of a single cell, can and should be seen as and may constitute a form of harassment and victimization. Uniformed staff may be motivated by their own (personal) attempts to fill in their own idle time, to alleviate their own boredom, and/or to express antipathy toward inmates in general or in particular (given the circumstances especially in A & B pods).
For the reasons that I cannot precisely identify a U.S. or State constitutional protection expressly addressing these practices, and I am not familiar with the pre-existing legal or academic literature on this subject, I am faxing a copy of this letter to PRISM in that they might be more familiar with this issue and may want to comment or instruct at some later point.
I am also forwarding a copy of this memo to Mr. Lanham at Headquarters. This issue is nothing new in the system and at least majors and captains everywhere have dealt successfully with this aspect of inmate life for years on end and will continue to do for years to come.
Why is it always with MCAC that these types of "problems" find themselves in State and federal court and turn into legal and administrative donnybrooks?
Sincerely,
Nancy Moran
nm
FAX TRANSMISSION
TO: Warden Jack Kavanaugh - MCAC
Fax 410-332-####
PRISM
Fax 1-410-778-####
Commissioner Lanham
fax 410-764-4373
Re: Essay on Right to Masturbate
Pages to follow: 2
P.S. Why is it always with MCAC that these types of "problems" find themselves in State and federal court and turn into legal and administrative donnybrooks?
There is nothing "outdoor", there is almost nothing "indoor", the only
things left are ARPs and federal lawsuits.