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Was Tupi Hernandez crazy?
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PostPosted: Sun Nov 25, 2012 7:06 pm    Post subject: Was Tupi Hernandez crazy? Reply with quote

On December 12, 2000 Ruben T. Hernandez once reputed to have been one of the most influential members of the Mexican Mafia filed a motion in the United States District Court For The Northern District of California charging a central theme charging an alleged state-wide conspiracy that he was the subject of a plot to psychologically torture, manipulate and brainwash his subconscious through the use of surveillance cameras, audio speakers built into prison walls calibrated at subliminal decibels, and through the testimony of cooperating prisoners operating as government informants. The Hernandez complaint challenged the constitutionality of events resulting in his initial conviction, his confinement in state and county institutions before his arrival at Pelican Bay State Prison, and finally the conditions of his current confinement at Pelican Bay State Prison. Ultimately Hernandez's complaint was dismissed with the exception allowed by the court would allow Hernandez the opportunity to amend a vague portion of his complaint that he'd been sprayed with pepper spray three to six times by Lieutenant Upton and struck at least ten times with a night stick and shot with taser darts by an unnamed defendant at Pelican Bay State Prison.

The Court introduced a letter dated October 31, 2000 from Hernandez informing the Court that defendants were no longer using the prison's speaker system to brainwash or harass plaintiff. Further requests by Hernandez seeking that the Court issue an order directing the United States Marshals to serve each of the named defendants without fee, or alternatively send plaintiff the required service forms, and an order compelling various discovery in relation to his complaint. Those requests were denied pending the Court's determination of whether plaintiff, upon the filing of an amended complaint, has sufficiently pleaded a claim upon which relief could be granted. Hernandez also contended Plaintiff contends that his constitutional rights were violated by perjured testimony, false evidence, and informant testimony he said was used to secure his conviction following his arrest in Ontario, California and pre-trial confinement in the San Bernardino County Jail. Hernandez charged that the conditions of his confinement in state and county institutions following his conviction violated his civil and constitutional rights. Sighting as examples, several assaults which took place after a riot in San Bernardino County Jail. Tupi's complaint also contended that his life had been threatened by defendant Timothy Smith when he was transferred to the Glen Helen Rehabilitation Center also in the County of San Bernardino. Following his transfer Hernandez charged Officer Hartson assaulted him with a deadly weapon in his cell. The court refused to rule on these accusations noting that all of The alleged unlawful acts, occurred, "if at all, while plaintiff was confined in prisons located in the Central District of California," not the Northern District where the complaint was filed.

Ultimately the Court found Hernandez's claims of psychological warfare, indoctrination, and conspiracy lacking of factual basis. listing Neitzke v. Williams, 490 U.S. 319, 328, 104 L. Ed. 2d 338, 109 S. Ct. 1827 (1989) (claims which describe fantastic or delusional scenarios are considered factually baseless).As for Tupi's allegations that the walls of the security housing unit at Pelican Bay State Prison were embedded with a sophisticated electronic and fiberoptic surveillance system more advanced than the speakers and microphones the K.G.B. of the former U.S.S.R planted in the cement walls of the United States embassy over 25 years ago, in an attempt to manipulate him into believing that his entire family was in prison and would be killed if he didn't take his own life first. Hernandez's complaint also contended that the state conspired to convert him into a "Manchurian candidate" and a government informant. Quite remarkably Hernandez believed the treatment he received was an attempt to destroy his belief structure, import sexual and violent dreams into his mind while sleeping, send ethereal beings into his cell, and inject diabolical visions scheduled to unfold in the millennium. After listing all of the aforementioned allegations in the complaint and because the facts alleged rise to the level of the irrational or the wholly incredible, plaintiff's conspiracy claims were dismissed with prejudice.

It was interesting to note that the court found that with only two exceptions, wrongful conduct that allegedly has taken place at Pelican Bay State Prison did not reach the level of constitutional violations that trigger relief. Rather, these allegations were categorized as isolated occurrences that did not amount to much more than harassment. As for the harassment claim that state listed several rulings which stated in part that "disrespectful and assaultive comments by prison guard not enough to implicate 8th Amendment..." violations. Nor was the "directing vulgar language at prisoner... is not a constitutional claim... even if defendants' verbal harassment was racially motivated..." It was also noted that the "federal court cannot order guards to refrain from using racial slurs to harass prisoners." Further claims that defendant D.T. Hawkes offered false testimony claiming he was a snitch in a deliberate attempt to have him murdered, was dismissed on a technicality stating that his claim did not qualify as deliberate indifference since "law enforcement officers enjoy absolute immunity for false testimony in a variety of official fora, including in official reports, before a grand jury and at trial on charges that result from such a grand jury indictment." Ultimately United State District Judge William Alsup dismissed the claim.

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