Ryan Nichols
January 6

"Inmate Will Be Put On Discovery List." That Was The Answer.

Seven grievances in six months over denied discovery. The jail answered non grievable, then wrote that I would be put on the list. This is the record.

By Ryan Nichols

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I want to show the defense bar one line.

Not a speech. Not a story. One line, written by the jail, on a grievance form, with a date on it.

"INMATE WILL BE PUT ON DISCOVERY LIST."

Dated June 2, 2022.

Read it again. Not "the inmate has access." Not "this complaint is unfounded." Not "we reviewed the logs and he was scheduled."

Will be put on.

You do not tell a man he will be put on a list he is already on.


The plain English version

I was in pretrial detention. Not convicted. Presumed innocent. Facing federal charges out of January 6.

I could not get to my discovery.

So I did the thing the system tells you to do. I filed grievances. I filed them at Step 1. When Step 1 went nowhere, I took them to Step 2. When Step 2 went nowhere, I took them to Step 3 and Step 4.

I kept a log of every one of them.

Seven of those grievances fall in one category: denied access to discovery. They run from January 15, 2022 to July 5, 2022.

Six months. Seven filings. One answer that admits I was not on the list.


Why this one matters more than the conditions stories

Everybody understands cold food and no showers. Those stories are real and I have filed on those too.

This is different, and lawyers know why.

A man who cannot see his discovery cannot help his own lawyer. He cannot say "that is not me in the frame." He cannot say "check the timestamp on that clip." He cannot say "there is thirty seconds before that cut that changes what you are looking at."

Discovery is not a courtesy. It is the thing that makes the rest of it mean anything.

You cannot defend yourself against evidence you are not allowed to see.

That is the whole argument. It has been the whole argument since the first day.


The receipts, in their words not mine

Here is what the log holds in the legal access lane. I am quoting the response column, which is the jail''s language, not mine.

Receipt one. "NON GRIEVABLE."

Step 2 legal communication grievance. Response dated May 27, 2022.

My complaint was that my legal communication was taken and I could not properly prepare for my defense.

Their written answer was that the complaint was not the kind of complaint you are allowed to make.

Receipt two. "INMATE WILL BE PUT ON DISCOVERY LIST."

Steps 1 and 2 combined. Response dated June 2, 2022.

That is the concession. That is a jail putting in writing that a pretrial detainee was not on the discovery list.

Step 2 got no response at all.

Receipt three. "THIS ISSUE IN THIS GRIEVANCE IS ADDRESSED IN #20220512-288."

Step 3 legal communication grievance. Response dated May 27, 2022. Signed by a grievance manager.

That is not an answer. That is a pointer to another grievance.

I filed a grievance. They answered by referring me to a different grievance. That grievance was also unresolved.

Receipt four, and there is more than one of these. "NO RESPONSE."

Legal communication, Step 1. No response.

Legal communication, Step 1, second filing, no tablet. No response.

Legal communication, Step 2. No response.

Denied access to evidence.com, Step 3. No response.

Legal mail confiscated, Step 4. No response.

Five filings in the legal access lane where the response column says nothing at all.


The timeline

2022-01-15. First denied-discovery grievance in the category.

2022-03-09. Second.

2022-03-14. Third.

2022-05-20. Fourth.

2022-05-27. The "non grievable" answer, and the pointer to a different grievance number.

2022-05-28. Fifth.

2022-06-01. Sixth.

2022-06-02. "Inmate will be put on discovery list."

2022-07-05. Seventh.

Then it stops being a discovery problem and becomes something else. Because a grievance system that answers a Sixth Amendment complaint with "non grievable" is not a grievance system. It is a filing cabinet.


What the record shows

It shows a pattern, and the pattern is the point.

I did not file one grievance and give up. I filed seven, in one category, across six months, escalating each one through the steps the policy tells you to use.

The responses fall into three buckets, and none of them is "here is your discovery."

  1. Silence.
  2. "Non grievable."
  3. A promise to fix it, dated after five other filings.

That is not a man who failed to ask. That is a man who asked seven times and got told the question was not allowed.


What I say

I say the Sixth Amendment does not have a grievable box and a non-grievable box.

I say a jail does not get to decide that a pretrial detainee''s access to his own evidence is an administrative preference.

I say if the answer on June 2 was that I would be put on the discovery list, then somebody in that building already knew on January 15 that I was not on it.

And I say this to the attorneys reading it, because you are who this is for:

If you have a client in pretrial detention right now, pull his grievance log. Pull it before you need it. Not the summary. The forms. The step numbers, the response dates, the signature line, and the response column. Then check whether the response column ever actually answers the question that was asked.

If it does not, you are looking at the same shape I am looking at.


What I need next

If you are an attorney, a court watcher, a reporter, or a family member sitting on grievance forms, discovery logs, or IGP responses from that period, send them. Redacted is fine. Partial is fine. A photo of a form on a kitchen table is fine.

Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name.

Read it. Share it. Send receipts. Send evidence. Send witnesses. Put eyes on the record.

The habeas petition from 2022 is already posted here: Nichols v. Garland habeas petition.

And if you build things for a living and you need a place to put your own record where nobody can take it down, that is what I do now: realryannichols.com/services. Or call or text me at (903) 500-8898.

I built this platform because I needed one nobody could take from me.

I can build yours.

You made it to the end

Most people quit at the headline. You didn’t.

So don’t stop here. Pick one.

  1. Read the book

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