REPORT: FINALLY, BCCX ANNEX INMATES PROVIDED MEANS TO CONDUCT LEGAL RESEARCH
by Sharon Rondeau
Tennessee Department of Correction (TDOC) and American Correctional Association (ACA) policies, as well as the U.S. Supreme Court ruling in Bounds v. Smith state that inmates must be provided reasonable access to facility law libraries or their equivalent.
Last fall, Whipple updated a 2014 civil-rights lawsuit, Whipple v. Millay, over his inability to use the “Site 2” law library in order to conduct research for three active cases which he said were prompted by the alleged actions or inaction of the TDOC in response to a number of grievances.
Whipple has claimed retaliation in the form of his relocation from the Turney Center Industrial Complex (TCIX) to BCCX in apparent response to his exercising of his “First Amendment rights,” including filing the aforementioned suit.
In his latest letter, Whipple indicated that in lieu of law library access, a computer terminal containing the “Westlaw” legal research tool “was installed at the annex (finally) last week, although not without a few hiccups.”
According to Whipple, the BCCX librarian “put up a sign” stating that the terminal was unavailable “until the Associate Warden, Shannon Green comes out with rules concerning its use.” [sic]
Whipple reported that he happened to see Green the following day and that “she claimed to have no idea about the note and said it could be used now.” [emphasis Whipple’s]
Further staff posturing occurred after Green “posted a memo about Westlaw, assuring that it would be available all hours the library is open” but a correction officer reportedly “started locking the library door” when the librarian, Richard King, was not present.
Whipple then contended that the correction officer “even went so far as to tell other inmates they could not use the library because of me.” [emphasis Whipple’s]
On August 21, 2017, The Post & Email published parts of a contemporaneous letter from Whipple in which he wrote in regard to another lawsuit against the Tennessee Board of Parole that he “was promised parole by a hearing officer in 2014 if I completed TCOM (drug program).”
Whipple stated in the same letter that he completed the program successfully. His FOIL entry at the time stated that he was eligible for parole on January 29, 2014.
Upon checking FOIL on Sunday, The Post & Email found that Whipple’s parole eligibility date was oddly backdated to “12/02/2013” and that he is scheduled for a parole hearing next month (see above graphic).
His complete letter appears below.