Federal Prisons

On 8 October 2014 I was suddenly awoken by men in black (literally) with guns who simply stated, "Get dressed you're leaving ADX." The United States Penitentiary, Administrative Maximum Facility (ADX) is considered the end of the line in the Federal prison system and the conditions of confinement are often more extreme than other facilities. ADX is where terrorist suspects are held in the United $tates.

While I had fought for 11 years to be released from solitary confinement, I was not expecting this sudden transfer. I was compelled to leave my property in my cell, rushed to an airport nearby, and placed on a privately chartered Gulfstream Jet. It was just me and the SWAT-type team of officers and pilots, on an aircraft clearly more used to ferrying billionaires than prisoners.

I was hopeful I was finally about to be treated with dignity and released from solitary since my plight has been chronicled in the courts and national media for years. I was very wrong.

I was flown to the Federal Medical Center in Springfield, Missouri which was built in 1933. I was thrown in solitary confinement in a small 6x9 foot cell that contains only a bed and toilet. The TV, 2 hours daily recreation and other amenities I had in ADX were gone in an instant, meager as they were. My only mental stimuli is to hope for mail or to watch aircraft land out my large window. I'm told I'm being mentally "evaluated," though no one seems to have time to do so. The conditions are so spartan and oppressive I am shocked.

That the U.$. government would respond to the largest class action lawsuit in its history, and scores of negative press (see: www.supermaxlawsuit.com), by treating me worse speaks to an audacity and arrogance only the U.S. Government is capable of. There is much left to achieve but I will continue to report on my journey through solitary nation.

MIM(Prisons) adds: For years we have been fighting to shut down prison control units because they are used just as this writer describes: as punishment for those who are resisting oppression. And for those who don't find solitary confinement sufficient inducement to stop filing lawsuits and protesting abuses, the Federal prison system has created even more extreme isolation as punishment, including and exceeding the notorious Supermax at ADX.

The imperialist system relies on these control units to punish and intimidate activists. The end of long-term solitary confinement is not possible today given the current balance of forces in the United $tates, but public opinion against them is spreading. It is our task to push an abolishionist stance against torture and not allow for reforms that maintain this tool of repression as a legal option under bourgeois rule. In the medium-term this is a winnable battle under capitalism, but we have a long way to go.

We, the members of GBW & Associates, and the residents of the Will County Adult Detention Facility who shall this day, and henceforth, willingly pledge their allegiance to this Declaration of Unity, and consequently to the United Front for Peace in Prisons, state that:

1. The imperialist oppressors, having dominated over the poor, the impoverished, the weak, and the innocent, all to their great harm and injury, are deserving of no loyalty or fealty, and must be fought against utilizing every tool available;
   
2. The principles of the United Front for Peace in Prisons, to wit, Peace, Unity, Growth, Internationalism, and Independence, provide a core of unity among the oppressed masses in prisons in the United States; and
   
3. These principles shall be adhered to by every person who reports to fight against imperialism and the tyrannical system of exploitation known as capitalism and the subsequent evils propagated by such system.

For the foregoing reasons, we hereby enter into covenant, and pledge to uphold the five principles, to defend the Declaration of Unity, and to promote the peace and welfare of all mankind.

We further pledge to defend and protect the poor, the weak, the innocent, and the oppressed utilizing any tools available; to utilize all possessed skills and talents to fight against imperialist oppressors; and to show our loyalty and devotion to any person reporting to do the same.

Be it enacted this tenth day of October: In the year of the common era two thousand and fourteen, by the unanimous consent of the undersigned GBW & Associates, residents of the Will County Adult Detention Facility.

MIM(Prisons) adds: This statement comes from a group of jailhouse lawyers specializing in prisoners' rights advocacy and litigation. Recognizing that they have skills specifically important to the legal arena of our anti-imperialist battle, these comrades have built an independent institution of the oppressed. This sets a good example for everyone: you should get in wherever you fit in. If you are an artist, get involved by creating revolutionary art. If you are a writer, submit articles for Under Lock & Key. If you are bilingual, help out with Spanish translation. And for everyone, constantly study and learn. Join the MIM(Prisons)-led study groups, and form your own local study groups. We can provide literature and study guides, but it's up to you to get involved, contribute work, and build independence.

I have incorporated the principles of the United Front for Peace in Prisons into the fabric of my organization here in the penal colony in the state of Maryland. We are the New Afrikan Uhuru Movement, and our aim is to elevate the level of consciousness of the convict class from that of a criminal mindset to a socio-political revolutionary consciousness.

We have adopted MIM as our educational ministry. Our educational curriculum is designed to render to each member, and civilian supporter, a contemporary approach to revolutionary ideology aimed at destroying this machine called capitalism. We are educating our comrades about the evils of imperialism, and economic exploitation and political alienation of the proletariat. We believe firmly in the dictatorship of the proletariat. We are resolved in the belief that the class system produced by capitalism must be destroyed. We believe that the western global aspiration of "democracy" is nothing more than a cover for hegemony.

Based on the implementation of the 5 principles of the United Front for Peace in Prisons we have systematically reduced the level of violence and exploitation of prisoners against prisoners greatly. We have a long way to go but we believe that political education is the key to our liberation. Thank you for your continued support and count us among your extended branches.

The Brown Berets - Prison Chapter of Colorado would like to join on to the United Front for Peace in Prisons (UFPP). We adhere to all that is listed and we see the need for the UFPP as a major building block not only to create a better culture, but to build better people.

Peace – We stand by this principle, because within our disunity and conflict the system will always prevail.

Unity – The guards are a solid unit, and back up their own 100% of the time. It's time that all of us convicted comrades see past our internal structures when it comes to defending against mistreatment and abuse by the guards. We will back all convicted comrades 100%.

Growth – Education and deliberation, this is a way to develop revolutionary mindsets to set us on a path toward communist ideology. It only works with structure and discipline.

Internationalism – We stand with all oppressed people, their political struggles and their fights for freedom. We will learn of the historical basis for these movements and side with all nations combating U.$. intervention, occupation, exploitation and imperialism. Free Gaza!

Independence – Not only is it important to build institutions apart from the United $tates, we also need to tell the truth by showing examples as to why this is necessary. We support all secession movements and support all liberation struggles within U.$. borders. The military occupied government of this monstrosity we call the United $tates has gone for too long and we support all who wish to break free.

Long live independence!
Remember Wounded Knee!
Unite!

MIM(Prisons) replies: As this comrade writes, unity is something the guards have and we need to work on. But this doesn't mean we should back up all prisoners 100% of the time. Sometimes people who sensibly should be on our side will act in ways that are counter to the interests of the oppressed. We don't have an obligation to back them in these actions. Rather than backing people based on identity (i.e. all prisoners) we should back people based on the correctness of their political line and actions.

I have late breaking news to report regarding the Texas offender grievance manual. There was a memo sent out to all Texas Department of Criminal Justice (TDCJ) prisons from the Access-to-Courts Supervisor, Frank Hoke. Here is the note as written:

Effective immediately the offender grievance manual will no longer be available in the law library. As such, please remove all copies of the offender grievance manual from your shelves. Make a note on your holdings list it has been removed and in its place write 'summary of significant changes to the offender grievance program.' The next revised holdings list will not include the offender grievance manual. In addition, cut out the below notice and post it in your law library for offender review. Should you have any questions, please contact the office at 936-437-4816.

Added: Emergency grievances that are repetitive in nature or have been previously identified and or addressed in another grievance will not be considered an emergency grievance and will be processed as a regular grievance. If at any time grievance staff cannot determine the grievance is repetitive in nature, the grievance will be processed as an emergency grievance according to the guidelines established in the offender grievance operations manual.

Added: 3rd party allegations of sexual abuse. Note: allegations of 3rd party sexual harassment will not be addressed and removed. The term 'specialty grievances' has been removed. Non-emergency grievances shall be processed as regular grievances subject to all screening criteria

Revised: time limits: disciplinary appeals and step 2 grievances shall be processed within 40 days of receipt from offender

Added: grievances that do not describe a reported use of force that was excessive or unnecessary do not warrant any further action and shall be considered non-grievable *enforcing*: 1 issue per grievance

9/30/14 9:24am authority: Frank Hoke.

I am letting all comrades know about this because it affects us all, and now we have no access to what the grievance codes are, the rules of the grievance manual, etc. This is a step in the wrong direction.

I did receive some letters back in response to my grievance petition. One came from Congressman Lloyd Doggett who wrote "Thank you for sharing your concerns with me. I am honored that you have the confidence in me to assist you with this matter. However since Congress has no jurisdiction over state issues I have forwarded your communication to the honorable Susan King Texas State House of Representatives, PO Box 2376, Abilene, TX 79604. Again thank you for taking the time to write me." Administrative Review & Risk Management sent a note when they received the grievance petition. They marked "please utilize the offender grievance procedure to address your concerns." The Office of the Inspector General (OIG) mailed an interoffice communication to me that an OIG investigation will not be conducted in response to the grievance petition.

MIM(Prisons) responds: After four years of campaigning to demand grievances be addressed in Texas, we now have the prison administrators taking action. This action is not to address prisoners' grievances, as their laws and procedures require, but rather to stop prisoners from finding out what the rules say. Fortunately, we already have an extensive guide to fighting grievances in Texas, which we distribute to prisoners, and it contains all the information needed from the TDCJ's grievance manual. We won't let this administrative move slow down the Texas campaign. In response we call on all Texas prisoners to make use of our grievance pack to fight the system on every violation of rules and regulations. File grievances and demand they be addressed. Flood the prison and the appeals system with legitimate grievances and show them that removal of their rules will not stop this fight. Write to MIM(Prisons) for a copy of the Texas grievance materials.

Most prisoners don't know that the only reason some injustices happen to them is because the person before them it was done to did nothing about it. So it continues into custom, then into practice, then into policy. Once in policy, Court Order Injunction is the only means to prove unconstitutionality of such acts and force them to be changed. Therefore we need to fight injustice while it is still just a custom!

In ULK 33 "Solidarity: Dead in the Feds", a Federal prisoner reported on a spontaneous action that took place to protest poor meals in the Security Housing Unit at the United $tates Penitentiary in Pollock, Louisiana. 53 prisoners participated in a collective action but most quickly retreated. Clothing was taken away and everyone was placed on meager "disciplinary meals."

Besides the spontaneous direct action approach which quickly fizzled out, another tactic those comrades could take is to get those 53 prisoners to pick up a pen and a grievance and file the case law outlined on Donegan v. Fair, 859 F2d 1059.1063 (1st Cir 1988) (Statute: Prisoners have liberty interest in receiving nutritionally adequate food and meals).

I would also recommend to read the unit's use of force policy to see what they can and cannot do to you, being that this correspondent in Pollock was gassed five times. Getting gassed when done without reason is unconstitutional. See Stringer v. Rowe, 616 F2d 993 at 998 (7th Cir 1980).

The taking of clothes is arbitrary and capricious and done to punish without penological purpose. The case Reeves v. Pettcox, 19 F3d 1060 (5th Cir 1994) combats this type of act.

MIM(Prisons) adds: We appreciate this Prisoners' Legal Clinic contributor for sending in legal tips for others to use in their struggles against the criminal injustice system. Spontaneous collective action provides a good assessment of our overall level of solidarity. That 53 people participated in this spontaneous action in the first place is quite impressive. But building a protracted struggle to bring down the root causes of our vast criminal injustice system — capitalism, imperialism, and national oppression — is another thing altogether.

Unless there is a very broad and deep level of unity among the imprisoned population, direct actions will face defeat because the guards can easily intimidate people out of participating. This is essentially what happened in the original article from ULK 33. We hope the correspondent in Pollock will continue to organize others against injustices in their unit, rather than accept defeat because of one failed action. There are many tactics we can employ to build unity and strengthen our movement.

When choosing what campaigns to organize around, we can see there is a difference between just fighting for reforms while leaving the overall oppressive system intact, and fighting for reforms that make space for more political organizing. Our comrades behind bars should organize with others in their unit against prison abuses, to build networks and elevate the collective consciousness of their fellow captives. This would include fighting against excessive use of force, or for nutritious meals. And we can fight for reforms that directly impact our ability or organize, such as anti-censorship campaigns, or the struggle to abolish solitary confinement. We can organize over these campaigns, and even have some wins under imperialism. The biggest win will be developing our collective consciousness and unity.

As for the problem of unprocessing your grievances, take a look at your prison's policies and see if they make reference to an offender grievance manual. They might have criteria for making a grievance unprocessed. Check and see if there is information on access to courts and if the manual has criteria with words such as what that administration "must," "will," or "shall" do before unprocessing the grievance. This is how you determine a "liberty interest," if the policy mandates any constitutional process due under the 4th or 14th Amendments.

Also look at these cases: Tool Sparashad v. Bureau of Prisons, 268 F3d 576, 585 (DC 2002) and Herron v. Harrison, 203 F3d 410-416 (6th Cir 2006) on matters concerning grievance and retaliation.

Teach as much as you know to others wanting and willing to learn, and keep on pushing comrade! Keep promoting use of the pen in legal warfare! Remember, winners never quit and quitters never win.

Following the advice from an older prisoner, I started using the grievance process to help fight my case instead of going the way of my past and becoming aggressive. This led to more harassment including cell searches in which conduct reports and grievances that I filled came up missing, making it seem as if I am making all this shit up!

I have been threatened with supermax placement since the day I got off this bus. Last year I was given 3 months in segregation over an incident where I was defending myself against another prisoner who attempted to stab me, and he was given less than a month. I was told that this was due to the fact that I had to have done something to provoke this individual! It's crazy. I used to read about other prisoners complaining of this kind of treatment and I'm ashamed to say that I used to doubt them and think that there had to be more to the story until I found myself facing the same set of circumstances.

Though I am a member of the United Blood Nation (UBN), I am not a gang member. To many that is hard to understand, but to explain it quickly, I feel that gang members rep colors and are more focused on ignorance. I am not concerned with the colors a person wears, the organization to which they belong or any of that. I am a freedom fighter. I stand for a cause. I read, study and follow the ideology of the Black liberation movements of the past. I encourage not only my young komrades but people who I associate and deal with to find knowledge of self and to study, build and to better themselves. I am no angel and don't claim to be. I still have a lot of work to do but I'm moving at a righteous pace and setting the tone and paving the way for the masses to follow in a meaningful and constructive manner.

MIM(Prisons) responds: It is interesting that the very method the prison uses for social control, targeting specific prisoners for segregation and other punishments, results in raising the political consciousness of those targeted. Experiencing this repression firsthand leads some who were entrenched in the lumpen mentality of fighting other prisoners to recognize the criminal injustice system is the common enemy.

This is an example of the dialectical relationship between repression and liberation, and is true in all historical eras and oppressive conditions — oppression breeds resistance. Repression of prisoners in the United $tates is one cog in the imperialist machine that condemns people all over the world for the benefit of the oppressor nations. Even though our struggle can seem overwhelming at times, we can have strategic confidence in our inevitable international victory over capitalism and all its devastating consequences. So long as oppressed people are being politicized and educated on the common enemy, from prisons in the United $tates to the mountains in Nepal, we will overcome our common enemy and finally be allowed to eat and sleep in peace. The more the imperialists oppress people, the more people can be drawn in to revolutionary activism.

We hope others will take an example from this comrade and work as freedom fighters to educate and organize others. How quickly and easily we achieve victory depends on how much political work we do today.

Mail the petition to your loved ones and comrades inside who are experiencing issues with their grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses listed on the petition, and below. Supporters should send letters on behalf of prisoners.

Secretary of Corrections
Landon State Office Building
900 Jackson, 4th Floor
Topeka, KS 66612

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

Mail the petition to your loved ones and comrades inside who are experiencing issues with their grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses listed on the petition, and below. Supporters should send letters on behalf of prisoners.

Officer of General Counsel
PO Box 21787
Columbia SC 29221-1787

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140