...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