AEGiS-Chicago Tribune: PRISONS ON TRIAL FOR INMATE RAPE IN FEDERAL CASE MAN SAYS HE GOT HIV IN ASSAULT Chicago TribuneImportant note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.
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PRISONS ON TRIAL FOR INMATE RAPE IN FEDERAL CASE MAN SAYS HE GOT HIV IN ASSAULT

The Chicago Tribune, 435 North Michigan Avenue, Chicago, IL 60611 - Monday, August 25, 1997 Edition: NORTH SPORTS FINAL Section: METRO CHICAGO Page: 1 Word Count: 726
Carolyn Starks, Tribune Staff Writer.


Though the steel bars are gone, Michael Blucker says he remains imprisoned by fear that the AIDS virus he alleges he contracted in a jail rape will one day become a death sentence.

In a federal lawsuit scheduled to go to trial Monday, the Crystal Lake resident claims he contracted the AIDS virus when he was sexually assaulted by inmates in a Downstate prison while prison guards did nothing to help him.

The lawsuit, filed in U.S. District Court against the Illinois Department of Corrections in 1995, alleges that Blucker repeatedly was raped by gang members at the maximum-security Menard Correctional Center.

Prison officials have declined to comment on the case. But they have said they investigate all complaints of sexual assaults and try to ensure that prisoners are safe.

Released in January after serving five years for burglary and auto theft, Blucker, 28, said he hopes the trial, which will be heard in East St. Louis, will bring closure to his painful past and change what he says is a troubled prison system.

"I don't know what my lawyer is asking for pertaining to monetary things," Blucker said. "But I would like to see mandatory AIDS testing in the Department of Corrections, and I'd like to see the people who are found guilty for having knowledge of what was happening to me and not doing anything be disciplined like any other criminal."

If Blucker wins in court, it would be the first time in Illinois that the prison system was held responsible for an inmate contracting HIV while in prison.

It also could bolster the efforts of state Rep. Cal Skinner Jr. (R-Crystal Lake), who has failed since 1995 to win passage of legislation requiring the segregation of HIV-positive inmates and greater protection against prison sex assaults.

"I would call this a landmark case. I have never heard of prisons being held responsible for something like this," said Don Collins, president of Stop Prisoner Rape, based in Los Angeles.

"We are not asking for (inmates) to be coddled," Collins said. "We're asking for humane treatment."

In the suit, which seeks unspecified money damages, Blucker says the first assault occurred several days after he arrived at Menard.

He alleges that three inmates, all gang members, cornered him in his cell, brandished home-made knives and wrapped an electrical cord around his neck.

He said he later became a sex slave for another inmate, who would sell him for cigarettes and coffee.

Blucker alleges that he was repeatedly raped by gang members between May 1993 and April 1994, and that prison guards failed to protect him even after he reported the attacks. He learned that he had contracted the AIDS virus after being tested in prison.

In the lawsuit, Blucker argues that the Department of Corrections policy to allow HIV-positive inmates to live in the general prison population put him at risk.

The high-profile case has gained much support from the Elgin-based Mothers Against Prison Rape, an advocacy organization co-founded by Jeanette Eaton and Blucker's mother, Susan Blucker.

Eaton, who said her son, who died in an auto crash after his release from an Illinois prison, was raped while he was an inmate, said she hopes Blucker's case will raise awareness of the crime and its victims, with which many people have difficulty sympathizing.

"I think it's time people started realizing what is going on in the system. I don't believe the (Department of Corrections) can find a way to lie their way out of this," Eaton said. "I hope he wins. Lord knows, Michael has gone through a lot."

Meanwhile, Blucker is reunited with his estranged wife. They remarried two weeks ago in a quiet ceremony and live in Crystal Lake with his three stepchildren.

Physically, Blucker said he feels fine. But emotionally, Blucker said he is torn apart by horrific memories of prison life and the frustration of trying to make his life work outside prison walls.

"I know I sent myself to prison, but that has made it difficult for me to find a job. I went over 2,000 miles in two days looking for work," Blucker said. "But I will not become a statistic . . . by getting in trouble and going back.

"I don't want sympathy or pity. But this has not been easy."


Keywords: PRISON; SEX; ASSAULT; LAWSUIT; RIGHTS; DISEASE; MAN

Copyright 1997/The Chicago Tribune. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Permissions Desk, The Chicago Tribune, 435 North Michigan Avenue, Chicago, IL 60611.KWDprison;sex;assault;lawsuit;rights;disease;man
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