Oregon, Punished for Requesting Copy of Grievance Petition
I received a letter from you with a petition addressing complaints with these police retaliating and conspiring to violate prisoner First Amendment rights when exhausting administrative remedies. Well, as soon as I got it I filled it out and sent it in to get copies so I can send it to the Oregon Department of Corrections (ODOC), Director, Department of Justice, and Inspector General. But today I received a confiscation form for the petition and a write up for unauthorized organization for attempting to file a petition without ODOC function unit manager approval. I had no idea that if I file a petition addressing a complaint that I could be written up for it without warning but I ain't sweating it.
In fact, in order to prevent other comrades from being a victim to this corrupt process I have a couple suggestions. First, the back page of the petition at the bottom the last word says “petition.” I believe that not only should that word be replaced with “complaint” but that within this petition it should have a section which states that it is a complaint. Even though a complaint/petition are similar and requests the same conclusions, ODOC and maybe other DOC facilities are playing the word game. Until this is addressed in Federal court, Oregon prisoners, if not prisoners in other states, will be subjected to unnecessary obstacles in addressing their concerns through the current petition format you have. So please re-word it to be a “complaint” and disassociate it as a petition and then resend it to me.
The misconduct report this comrade received reads:
"4.46 Unauthorized Organization II: An inmate commits Unauthorized Organization II if, except as specified by Department of Corrections rule on Group Activities (inmate) (OAR 291 145) (B) 4.46.02 Engages in a petition drive without specific authorization from the Functional Unit Manager
Form was generated from https://www.prisoncensorship.info/, on 4/5/16 I was working in SHU Library, received a kyte from above AIC requesting copies of the petition, I approved one copy due to not being able to identify this form and it was addressed to the Director of the Oregon Dept. of Corrections, due to the question at hand I elected to error on AIC's behalf and allowed one copy. On 4/15/16 AIC is again requesting copies of the petition. This petition or authorization for envelopes has not been approved for circulation or approved envelopes through out SRCI and other Institutions in accordance with:
291-107-0015 Procedures
(1) Those inmates and/or community persons who have not been able to resolve problems through other available channels (i.e., the Ombudsman, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the functional unit manager as directed in this rule. Circulation of a petition is a process through which inmates can show support for community endeavors. Any inmate or other person desiring to circulate a petition will present the petition to the functional unit manager adding any supporting information that would justify its approval. Permission to circulate petitions within a Department of Corrections facility will be approved if..."
MIM(Prisons) adds: The Oregon Department of Corrections has a policy denying prisoners the right to peacefully appeal denial of their rights. It is ridiculous to expect that the prison administrators would approve prisoners circulating a petition that is criticizing the DOC. What is interesting is that this comrade didn't even try to circulate the petition, ey merely tried to get copies made for eir peryonal use. Yet another example of the injustice system at work and why we can't expect any serious progress on questions of humyn rights within the criminal injustice system that serves imperialism.
Let us know if you need a copy of this petition rewritten as a complaint.
