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Legal Actions
In order to protect the rights of Iron Thunderhorse and toward the exposing of the abuses, civil rights violations, medical neglect, and other problems he faces almost daily, it has become necessary to file several legal proceedings, in addition to continuing our petitions, letters, emails, faxes, and phone calls to people responsible for his welfare.
Iron Thunderhorse has been dubbed the “Clarence Darrow of jailhouse lawyers” by the Dallas Morning News . DMN Staff Reporter, Mark McDonald, said, “the state [of Texas] knows [him] as one of the most formidable legal opponents it has even encountered, a jailhouse Clarence Darrow, a self-taught prison lawyer of incomparable skill and persistence.” [05-21-1990]
Iron has written a booklet about Pro-Se Litigants, or self-representation (long before Nolo Press was founded). He trusts very few lawyers, and rightfully so. He has studied law and assisted hundreds of individuals, he has represented ACQTC, Inc. and the Schaghticoke Indian Nation (related by blood and culture), prisoners, Veterans, etc., as their advocate. In the early 1980s, when the RUIZ vs. ESTELLE case was new, he was called to represent fellow inmates as a “counsel substitute” during disciplinary proceedings.
His legal forums, e.g. The Prison Grapevine, The Mentor, Iron House Reports, Thoughts From Behind the Walls, and his expertise as an Editor for The Prison Law Monitor and The Thunderbird Free Press gained him national recognition. Humanity & Society 's special 25 th Anniversary Edition included Iron's legacy of the history and development of The Thunderbird Alliance.
This section will focus on the legal strategies, proceedings, actions, and plans of the International Support League as we assist Iron Thunderhorse in his struggles.
Why are we so committed? Two primary reasons:
It has recently come to our attention that Amnesty International in England now has a file on Iron Thunderhorse, - the first step toward classifying him as a Political Prisoner or Prison of Conscience. Unified Veterans Coalition has conferred P.O.W. status on Iron Thunderhorse because he was victimized by COINTELPRO in the l970s and, since then, in defending himself against the corruption of the Texas Prison System which has a long history of hostility towards prisoners who petition the government for the redress of grievances (guaranteed by the U.S. Constitutions' First Amendment). Iron specialized in First Amendment litigations, which protects religious liberty, free speech, free press, access to courts, etc., - rights which we all hold dear.
Join us in defending Iron Thunderhorse as he advocates for all the oppressed peoples of our nation.
RLUIPA LITIGATION
Thunderhorse vs. Pierce, et.al., Civil Action No. 9:04-cv-222, United States District Court, Eastern District of Texas, Lufkin Division.
Synopsis: Plaintiff Iron Thunderhorse has sued TDCJ-CID officials under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for religious intolerance and racial discrimination. Current TDCJ religious policy wrongfully misrepresents Native American religious tenets. In 2004 TDCJ began ignoring three prior out-of-court settlements with Iron Thunderhorse; TDCJ has either destroyed or confiscated all of his sacred items and they refuse to accommodate him as a shaman [different from a medicine man]. TDCJ has no racial categories for Native Americans, either.
Iron Thunderhorse also challenges TDCJ-CID's racist grooming standards whereas he has been growing his hair long all of his life. Iron's legal challenges are quite unique and have never been litigated before. He challenges the entire grooming code as being applied arbitrarily. For example, he is receiving disciplinary cases regularly for refusal to groom for not cutting his hair. This results in punishment that deprives him of numerous liberties that other inmates enjoy as well as property he owns (his typewriter, radio, hot pot, night light, commissary, etc.) also as punishment. The U.S. Supreme Court has clearly and repeatedly said state governments cannot coerce or pressure religious adherents into conduct which is calculated to force or pressure them into abandoning their beliefs.
The U.S. Magistrate Judge Presiding Judith K. Guthrie has, as of December 29, 2005, issued an “ORDER SETTING BENCH TRIAL.” This case is set for Bench Trial on February 28, 2006. Iron writes that this is “Great News.” The Judge finds that Iron's case has merit, so now Iron must get all documents to the court “no later than January 27.”
PAROLE REFORM LITIGATION
Iron Thunderhorse, et.al. vs. Rissi L. Owens, et.al, Cause No. A05-CA-1009-SS, U.S. Dis. Ct. W.D.TX.
Synopsis : This class action lawsuit was filed December 5, 2005, by Norman L. Sirak, Attorney at Law, with Iron Thunderhorse as lead plaintiff. This litigation is seeking to overturn the injustices of the Parole System in Texas, specifically targeting the “ prejudicial over acts (harmful behavior), material omissions, moral turpitude (official acts containing dishonesty or betrayal of a public purpose), acts of deceit and guilty knowledge.” Since anything on an inmates' Travel Card that “goes beyond the affirmative findings of their trial court” is a violation of the Separation of Powers Doctrine [and there are an abundance of these on Iron's Travel Card], this lawsuit delves into the Separation of Powers Doctrine, as well as Double Jeopardy, Due Process, and Involuntary Servitude. Another goal is to restore inmates' Good Time and Work Credits and make them permanent because these are taken into consideration at sentencing. Evidence appears to exist of a profit motive in holding inmates longer than their sentencing mandated. The litigation will be funded by inmates.
