November 23, 2004

Louisiana Department of Public Safety and Corrections
Correction Services
Number LSP-2004-3275
First Step Response Form
(Unit Head)

To: Patrick Brasseaux, #329406 LSP
From: Burl Cain, Warden

Response to Request Dated 10/25/2004, Accepted on 11/19/2004.

Your complaint is regarding the confiscation of a photograph.

Inmates are not allowed to receive or possess photographs or digital or other images that interfere with legitimate penological objectives (including but not limited to deterrence of crime, rehabilitation of inmates, mainenance of internal/external security of an institution, or maintenance of an environment free of sexual harassment), or to prevent the commission of a crime or to protect the interests of crime victims. This includes photographs or digital or other images which expose the genitals, genital area (including pubic hair), anal area, cheeks of the buttocks or female breasts (or breasts designed to imitate female breasts). These areas must be covered with garments which cannot be seen through. Lingerie will not normally be acceptable whether transparent or not. Swimwear will only be acceptable if the overall context of the picture is reasonably related to activities during which swimwear is normally worn. Suggestive poses alone may be sufficient cause of rejection regardless of the type of clothing worn.

The photo is of a female with her back exposed and her pants pulled down to the point where her buttocks are visible.

Your appeal is denied. The photograph in question will be forwarded to Legal Programs to be made part of the file.

Your request for Administrative Remedy is denied.

Prepared By: Cathy Roberts
Approved By: (signature of Deputy Warden/Programming and Deputy Warden/Security)
Date: 11/23/2004

Instructions to Inmate: If you are not satisfied with this response, you may go to Step 2 by filing out the second step section of ARP-1 and sending the yellow copies of ARP-1, and ARP-2 to the LSP Legal Programs Department. These forms must reach the Legal Programs Department within 5 days of receipt of this response. The white copy is for you to keep.
THIS ARP WAS ACCEPTED UNDER THE NEW TWO-STEP ARP PROCEDURES. ONLY ONE RESPONSE WILL BE ISSUED BY LSP. THE SECOND STEP RESPONSE IS THE SECRETARY'S RESPONSE.

Note: The picture in question was a copy of a picture used in his trial. The picture was not of a woman, but rather of Charles Stevens and Patrick had kept it to use as evidence for trial. It was confiscated and he was denied its return. The picture has probably been destroyed.