TEXAS PRISONER BATTLES CHEMICAL AGENTS

...Here at the Michaels Unit in Tennessee Colony,  Texas, prison officials are using chemical agents  in an oppressive, malicious and sadistic manner on  inmates in Administrative Segregation who are  confined in their cells. At no time is their an  imminent threat to officers, inmates, or others.  Nor is there a riot, major disturbance or a threat  to the security of the institution when these  dangerous chemical agents are released. At all  times inmates are confined to their cells, and the  Michael Unit prison officials are aware of the  effects chemical agents have on us inmates.

Furthermore prison officials do not attempt to  decontaminate the area, and walk around with gas  masks on, as inmates suffer from the chemical  agents. No medical assistance is available, even  upon request.

I have a lawsuit filed ... I hope you can refer me  to an organization who has [information about] the  effects chemical agents have on humans -- both long  and short term effects. ...

-- A Texas Prisoner, 22 July 97

 MIM RESPONDS:Below are some facts about the  chemical agents in pepper spray that may help your  case.

"Pepper spray instantly induces choking, gasping,  gagging and the sensation of suffocation. Eyes burn  swell and involuntarily shut. Many individuals  automatically collapse after exposure. There is no  federal or state agency that checks the contents or  strength of pepper spray."(1)

"Nationwide, over 70 people have died after being  pepper sprayed and restrained by police."(1)

Capsicum, the main ingredient of pepper spray, is a  chemical weapon. Its use was outlawed in 1972 by  the United Nations Biological Weapons  Convention.(1)

Although research on pepper spray is far from  comprehensive, it does indicate that pepper spray  exposure poses serious risks for various  populations of people. These populations include  people with: asthma, epilepsy, gastrointestinal  conditions, sickle cell anemia, psychiatric  conditions, heart, eye and/or lung conditions, and  various physical disabilities.(1)

In August 1993, the California EPA warned that in  each pepper spray death, this chemical agent  "exacerbated underlying conditions ... to cause  cardiac or respiratory failure."(1)

In October 1993, the US Army study of pepper spray  concluded that pepper spray is capable of  producing, "mutagenic effect, carcinogenic effects,  sensitization, cardiovascular toxicity, pulmonary  toxicity, neurotoxity and human fatalities."(1)

In April 1997, The Medical Implications of Pepper  Spray report was released. "The warnings and  concerns from the scientific community can no  longer be ignored. With the death toll on in- custody suspects rising and the growing list of  injuries to officers in training, it is time to  stop speculating and guessing about the hazards of  OC [Oleoresin Capsicum] spray. The hazards are real  and the evidence is there to support it."(1)

An FBI study of OC revealed that the physical  effects of OC are more severe when individuals are  exposed to a greater percent solution of OC and  when they remain inside the enclosed contaminated  area for a longer period of time. But in the  population they studied the longest period of time  a person was expose to OC, was 45 seconds.(2) Thus  it is probably much worse for prisoners who are  trapped for hours in contaminated areas.

The FBI also claims that the most effective way to  decontaminate a person is to take them outside for  fresh air. Soap and water; and fresh air, until  contaminated clothing is dry -- needs to be done to  decontaminate a person who was sprayed directly.  Opening of windows and airing out the rooms  sprayed, is all that is needed to decontaminate the  physical environment.(2) So decontamination would  be easy for the pigs, yet instead they torture  prisoners.

There are 1993 and 1995 reports on OC available  from ACLU of Southern California. They may charge  around $10 per report. There address is 1616  Beverly Blvd., Los Angeles, CA 90026.

NOTES: 1. "Join the Campaign to Ban Police use of Pepper  Spray In Berkeley," pamphlet , published by  COPWATCH, 2022 Blake Street, Berkeley, CA 94704,  June 1997. 2. U.S. Department of Justice, Federal Bureau of  Investigation, Chemical Agent Research, Oleoresin  Capsicum, http.//www.dalewom.com/d139.htm

 ARIZONA LAW LIBRARIES REMOVED

...As of August 4, 1997, we, almost all inmates in  the Arizona Department of Corrections [ADOC] will  be loosing access to our Law Libraries. The ADOC  will be taking them out. There jurisdiction for  this, is in the recent Supreme Court decision Casey  v. Lewis. It is pretty gloomy on the legal battle  field. The ACLU and Middle Ground, brought the case  back before the Federal District Court who refused  to hear it. They dismissed it. With this decision,  comes a new policy governing access to the courts,  hiring of outside paralegals by DOC, and abolishing  Inmate Legal Assistant. Violation of this new  policy will result in disciplinary action. ...

Sincerely and struggling,

 -- An Arizona Prisoner, Tucson, AZ 18 July 1997

 ...On August 4, 1997, the Arizona Department of  Corrections [ADOC] will close all law libraries in  its system except for the law library in Central  Unit in Florence, AZ, which houses death row  convicts. This is ADOC'9s solution to the US  Supreme Court decision in Lewis v. Casey.

Arizona has acted very uncharacteristically...  Arizona usually waits until another state has  implemented a tentative policy and discerns the  prisoners' reactions in that state and the results  of any legal ramifications from enactment of the  said policy. I guess since this case was remanded  back to the district court of Arizona, the district  court gave ADOC the opportunity to construct an  adequate solution for inmate's access to court.

...A class action suit was filed in the district  court of Arizona. Judge Carl A. Muecke, and  advocate for human rights, ruled in favor of the  inmates and enjoined a wide array of reforms for  access to court. The ninth circuit, basically  affirmed the district court's order with very few  modifications. The US Supreme Court reversed the  district court's decision and ruled Judge Muecke  went too far. An individual most show actual  damage, and Judge Muecke should have given the  state an opportunity to construct its own plan to  rectify any discrepancies in their system for  access to court.

Judge Muecke excused himself [from the case] upon  remand and Judge Strand, (the same judge who is  currently presiding over Governor Symington's  criminal trial), is presiding over this case now.  Ostensibly, the district court has given ADOC the  opportunity to come up with their own plan. Thus do  a 902.

As predicted by Judge Muecke, in his original  decision in this case, ADOC will go overboard if  given the opportunity to construct its own policy.  This is exactly what to do a 902 has done. The law  library will close with ADOC contracting a  paralegal service to assist prisoners. Convicts  like myself will not be able to assist another  convicts, even though I am more proficient than the  average paralegal. I have assisted in freeing a  number of convicts and may even eventually free  myself.

A prison complex which houses two to seven  different prisons, will have access to a paralegal  once every week. This paralegal and a monitor, an  ADOC employee, will determine whether an issue has  merit, whether one may have access to photocopies,  how many copies one may have, etc. I will not go  into the intricacies of this policy but as you can  imagine, we will catch hell and be denied.

The irony of this situation is the state claims the  reason they avidly pursued this case was to save  the taxpayers millions of their tax dollars.  Actually the law books and up-keep of the library  is funded by the Inmate's Arts and Recreation Fund,  which is profit ADOC collects from the inmates  store and other profits they procure through  prisoners. They spent millions alone litigating  this case. The real reason they litigated this case  is to undermine the adversarial process.

Donna Hamm, president of the prisoner's rights  organization, Middle Ground Prison Reform,  constructed an excellent letter depicting all the  improprieties of doing a 902. This letter was  addressed to Judge Strand and distributed  throughout the entire system. Hopefully Judge  Strand will stay the implementation of a 902,  because if they do not, I fear there will be  bloodshed throughout the system.

Fellow convicts, be on guard. Department of  corrections across the land will be watching the  results of our misery. ...

Always a Soldier,

 -- An Arizona Prisoner, Goodyear, AZ, 28 July 1997

 MIM NOTES BANNED FROM YARD

... The day after i received my notes i decide to  take it to the yard. I am in a michigan maximum  security prison... When i made it to the yard i was  shaken down. i had one Ebony magazine and MIM Notes  #X, which contained an article i submitted...  Please send me Notes #X again because the pigs took  it...

Now I see why you protect the names and identity of  each prisoner that submits an article, because  obviously i see that just being seen with MIM Notes  can add to the repression i already face. So i can  imagine the repression it can cause if these civil  servants for the system same my name printed in  your notes.

Thanks for not printing my name with the articles  I've submitted and thanks for protecting my  identity. Because these civil servants did take the  notes from me and told me i wasn't allowed to bring  a newspaper to the yard. They told me because i  brought it to the yard i [could] forget my yard  period. I observed the sergeant. censoring it.

It is possible that it was also reported to the  administration head. Because ever since i arrived  on this slave plantation i have been oppressed,  harassed, tired, tested and monitored. Even my  activities and the few prisoners i associate with  are monitored. I keep my associations down to a  minimum as much as i possibly can because they have  labeled me and documented in my files that i cannot  be controlled in a population group setting. (A  smooth way of saying that i have the potential and  ability to influence and unify prisoners to  challenge against the injustice and oppressions of  the system in a sophisticated (intelligent) and any  other means necessary manner!) ...

 -- A Michigan Prisoner, 17 August 1997

 ALABAMA DEATH PENALTY

NO JUSTICE -- JUST US

I'm a young black in his late 20's and have been on  Alabama's death row for six years. I think the  people should know just how sorry this so called  justice system is.

There are about 148 people on Alabama's death row.  65 percent of the people here are black men. And 58  percent of the black me range from the age of 16 to  31. For most of them it is their first time in  prison.

The death penalty was reinstated in 1977. Since  then there have been 16 executions. There have only  been two white men executed from Alabama and 6  white men executed all together. The rest is black.

The average black man on death row is accused of  killing a white person. The average black man on  death row has little or no education at all and is  poor. That shows me, that if you are a black man  with no education and no money then you get  screwed.

The state gives the state appointed lawyer  $2,000.00 to fight a death penalty case. The  average capital murder trial lasts five days or  less. Execute Justice, Not People.

 -- An Alabama Prisoner, 11 August 1997

 CORRECTIONS CORPORATION OF AMERIKA IN TENNESSEE

...In Tennessee they use "Behavior Modification  Units" -- Administrative Segregation Units as a  tool to further oppress and manipulate those who  would dare stand up and speak out. Yet the voice of  Truth will not be silenced!

In the issue of MIM Theory that was sent,  ``Amerikkkan prisons on trial'', the article on CCA  -- Corrections Corporation of Amerika was very well  written. CCA is now attempting to place a bid to  take control of all the prisons within the state of  Tennessee, even though it is against the law. The  rules can be changed for the invading nation. The  Capitalists only seek to further strangle the  oppressed nations.

Today during my one hour recreation time, myself  and a fellow captive were speaking on the  coincidence that many mental hospitals around the  kountry closed down for lack of funds, and during  that same period of time prisons started to Boom!  Then the alleged War on Drugs, is just a war on the  Oppressed Nations. ...

-- A Tennessee Prisoner, 21 July 1997

 PIGS COVER-UP ABUSES AND POOR CONDITIONS

...I am writing to inform you matters here at  Clinton Correctional Facility that took place on  July 24, 1997. There was a shooting in the big yard  behind two Brothers fighting each other with  knifes. And the administration is blowing it out of  control here, on the news, and so on.

Now the real problem is that most of the so-called  officers come to work drunk. They have problems  with their family life and take it out on the  prisoners here at the facility. If you were to have  any of the officers take a urine test, breathalizer  or blood test for other drugs you would be  especially unhappy with what you find. The officers  at Clinton Correctional Facility are racist,  abusive, threatening and unprofessional.

More than ever, there are attacks on prisoners by  officers and the administration covers up the  actions of the officers. There are beatings, set- ups, threats and killings -- all by the officers  here, that are justified by someone in [public  relations] who knows nothing about what's going on  at the facility at all. However, none of this is  new cause it is happening in all New York state  prison facilities.

Most of the staff at these facilities, mainly  Clinton, have the attitude that they are dealing  with animals not human beings and they call these  facilities: "The Department of Correctional  services." There is nothing correctional about  these places. None of the programs are up to date  and there is nothing healthy about this place.  Birds fly inside the mess hall while you're eating.  The health services here are a joke.

...the Inspector General should have an agent  planted here as a prisoner to see exactly what's  taking place being these walls ... 'cause they keep  people who care about what really happens, from  seeing the truth about how prisoners are being  treated. ...

 -- A New York Prisoner, 25 July 1997