BY JOHN STUDER
DES MOINES, Iowa - The Iowa attorney general's office responded April 27 to a legal challenge filed in January by political activist Mark Curtis.

Curtis is seeking to overturn his victimization by prison authorities at the Iowa State Penitentiary in a legal petition asking for post-conviction relief. He was found guilty of assaulting another inmate in a kangaroo prison hearing last September 12 and sentenced to 30 days in the "hole" and one year in lockup.

"Respondent respectfully requests the Court to enter an order dismissing the Application in the above-entitled case and assessing the costs of this action to the Applicant," William Hill, assistant attorney general, wrote in his answer filed with the Iowa District Court in Fort Madison. Under Iowa law, if prisoners fail in challenging a prison victimization, they are assessed the costs of confronting it in court.

Curtis's lawsuit points to the fact that he was shackled throughout his hearing, that he was unable to challenge the witnesses against him, that there was no evidence to sustain his being found guilty of anything, and that numerous legal and prison regulations were ignored, leading to a violation of Curtis's right to due process. In addition, his suit seeks relief from the harsh sentence meted out.

Curtis's challenge now will be considered by a district judge. Under the special section of Iowa's statutes covering prisoners, the judge has the power to dismiss the case without further ado as well as assess costs against Curtis.  
 
 
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