MIM NOTES No. 190 July 15, 1999 Under Lock & Key Prisons are not rehabilitative There are not true rehabilitation activities in the U.$. prison system. Only activities that further the illiteracy of the victims railroaded into its cave of solitude. For example, here in the AZ correctional system there do not exist the encouragement of higher education, nor is there vocational programs. Here as in a lot of other states in this country there only exists the promotion of lockdown yards (23 hours a day) and no kind of positive productive motivation. -- An Arizona prisoner. MIM responds: The Amerikan prison system is a tool of national oppression. Imperialists commit the greatest crimes and settler nation members most frequently avoid prison sentences: imprisonment is not a genuine indicator of crimes committed. Even when individuals commit crimes, Amerika has no interest in rehabilitation, rather its interests are in keeping increasing numbers of oppressed nationals locked-up. We urge readers to investigate the successes of the Maoist prisons in China. For starters, read "Prisoners of Liberation" available for $10. It's about the successes of Chinese prisons to help individuals understand their errors and turn toward lives filled with productive activity which contributes to the whole of society. Prisoners need analytical swords to fight oppression I just received my first two issues of MIM Notes. This is what I have been searching for all of my life. There are so many political injustices, that the everyday person is led to believe that there is nothing he or she can do to fight the vindictive, monstrously inhumane dictators of this world. Before coming to prison, and even at some points while in prison, my only means of fighting the system in which I face daily, is with violence. I am in the solitary confinement right now, I have been here for 1 1/2 and anticipate at least 5 more months until their new super max (concentration camp) opens up. This is supposed to be the worst of all prisons for Wisconsin's worst inmates. Which in my case, they are scared of me because I am spreading the news to our Brothers of every color, to stop fighting each, pick up those books, self-teach ourselves, and learn how to fight the systems that are trying to stand on our necks, and break our pride and dignity. Although I am trying to learn how to defeat them with intelligence, I am a firm believer of, by all means necessary. I am also a firm believer that until we the righteous people bring forth a revolutionary war against these devious, mindless political devils, they will continue to misuse, abuse, oppress and repress us. I am very grateful for all you comrades of MIM. We don't have too many outside reaching out to help us on the inside. Power to the righteous people, --a Wisconsin prisoner, 5 May 1999. First Nation prisoner wouldn't snitch Just writing to say what's up and that I'm still very interested in the MIM. I'm a 22 year old Native. I'm serving a 68 month sentence for a 2nd degree (dropped from 1st) assault on a filthy, lying, no good pig. And I'm also on a consecutive 12 month sentence for escape. I did not assault the pig in a felonious degree - 4th degree at best -- but I do proudly admit that I broke out of jail. All of this because I did not snitch - cooperate with the DEA. To rat out some people I know. The detectives in my case and all swine cops involved lied their filthy mouths off. Some of there lies blatantly defied the laws of physics. When I first got locked into prison I spent a year in the hole, I kept getting into fights because I was so frustrated because I never should have set a foot in prison. I lived on the Reservation. When I was 13 years old I got a 100 thousand dollar settlement against the local pig farm because they beat me to a pulp. Ever since that them pigs constantly harassed me. Throwing me in Jail for no reason. I was always let out for lack of evidence. Now here I am over 3 years later with 19 months left. They spoiled my life. But now I know how crooked, corrupt and snake like the "defenders and upholders of justice" can be. I never believed in their way. I am a warrior locked in prison on my Native land. I'll be damned if I allow them swine to humiliate me and degrade me again. Next time court will be held in the street, if you know what I mean. For that, I'll need something heavy duty. I'll be down for you 100% if you show the same love for me. --A First Nation prisoner in occupied Minnesota, May 1999. MIM adds: Amerika's imprisonment system underscores the need for the liberation and self-determination of oppressed nations and proletarian revolution. Only through ending imperialist control of the justice system can oppressed nationals begin to have a chance at fair trials and just sentences for crimes committed. Until the point when state power has been stripped from the imperialists, the entire process -- from arrest to trials to sentence to treatment in prison - will benefit the oppressor's desire to maintain control of entire groups of people. Wisconsin neglects prisoners' medical needs From 7-16-96 to 7-25-96, Waupun Correctional Institution gave me an overdose (600 mgs a day instead of my regular 300 mgs a day) of my seizure medication (Dilantin/Phenytoin (DP)), which caused me to be hospitalized for symptoms of nausea, constipation, mental confusion, gross nystagmus, gross ataxia and blurred vision. Nobody knew the history of the o-d, and strangely, my WCI medical file was never sent to the hospital (University of Wisconsin Hospital and Clinics, UWHC) in Madison, WI. I stayed at UWHC from 7-26--96 to 7-31-96. The doctors hoped the symptoms would dissolve with my DP... By 7-31-96 most symptoms dissolved except for my gross ataxis. The doctors then decided to do brain tests on me on 8-1-96 to determine what type of brain damage the DP may have caused. However, a couple hours later a new doctor, after a cursory physical examination on me as I sat on my bed, ordered me to walk. She threatened that if I didn't walk she'd tell everybody I was refusing to walk. Unable to comply regardless of my extreme efforts, she stomped out of my room. An hour later she maliciously medically discharged me from UWHC as "malingering" about my ataxia, and "gait-patient refused." I was immediately shipped to DCI (Dodge Correctional Institution's Infirmary) for monitoring of seizures. From 7-31-96 to 8-12-96, I was incarcerated at DCI. They immediately gave me a urinal jug with strict orders not to get out of bed without our staff's assistance. However, as the days dragged by, DCI starved and dehydrated me for a week by placing [meals] several feet from my bed and tauntingly telling me to walk to get it. They also refused to empty my urinal jug, as well as help me to the toilet which caused me to urinate on myself, in my bed, etc. From 8-12-96 to 4-10-98, I was confined at WCI-Solely because of my inability to walk independently, WCI officials physically attacked me on several occasions as I was handcuffed and shackled; deprived of all my showers, recreation, kept me confined in punitive segregation from approximately 2 years straight - 24 hours a day; refused to feed me for 2 months; never gave me an assisting walking device, which left me falling down after every 2 steps; made me crawl in front of others, etc. On 4-10-98, I was moved to Columbia Correctional Institution, where I received no help with my legs, and on 6-26-98, moved me to Green Bay correctional Institution where their Dr. finally gave me a walker on 9-14-98. --a prisoner in Wisconsin. Prison conditions slow communications Greetings Comrades, I must apologize for the delay in my letters to you. The results of a self-administered hunger protest resulted in my being removed from the Special Housing Unit to be briefly placed in the mental housing unit. While in MHU I was deprived of all writing material as well as clothing, bedding and hygiene items. I was held there for approximately 3 weeks --a New York prisoner, 7 June 1999. MIM adds: This politically active prisoner is one of many whose communication with MIM is constantly disrupted and sabotaged by the prison pigs. Ask yourself why the Amerikan prison system systematically thwarts efforts of prisoners - particularly those filing grievances or those who are politically active - to communicate with the outside. 1990s Tuskeegee in South Carolina Thank you for sending MIM Theory 13 which I read with great interest and will pass it on to other inmates, I congratulate you in keeping on with the struggle inside the belly of the beast. Here's what's new going on in the south. South Carolina is getting ready to do a Tuskeegee experiment on inmates. But not with syphilis, it's AIDS. They are in the process of trying to test the whole SCDC for AIDS. They claim a law has been passed. No inmates have seen this new law or policy giving them permission to do this. Then when all the tests are taken, we will not know who is positive or negative or what will happen to the blood. --a South Carolina prisoner. Push progress against social control What's happening at Northern CI. First and foremost, prisoners at Northern are placed here to be brain washed and mentally controlled. When I say brain washed I mean that my comrades seem to be either dwelling on da past or stressing de what ifs, while not doing much about de present day problems we have at hand here at northern incorrectional. Therefore I write to all my comrades everywhere. Change must first start from within or else we become armchair reactionaries, opposed to progress. Progress means to actually move towards a goal. Right now there is no goal, and when no goal is present one is actually insane. Here I must emphasize the horribleness and hopelessness of insanity in order for my point to be made. Insanity is also to be very foolish and or do absurd things. So let us say dat one has been mistreated at de hands of a kop and dat comrade is associated with persons who are de mistreated comrades brotha or sista. And they deal with de kop. But de kop is only out of work - fishing - drinking - sexing his lover etc while de comrades are given outside hate charges, tickets and de status of kingpin, placed in maximum retaliatory centers whose goal is to retard us any way they can. And now made to do de maximum time - for many of us. Only to see dat very same kop back within de same death kamp and have our comrades do no more is very foolish for this to happen on a very large scale all over de Amerikan hostage system is insanity. But for one state, CT, to have no support groups at all for hostages is also insanity. Rebuild, -- a prisoner in CT MIM adds: We agree that prisoners must organize against the social control of the prison system. Organization that ends oppression entails more than individualized acts or the replacement or relocation of individual pigs. Prisoners who are serious about working with others to build an understanding of the system and campaigns to oppose it should work with MIM and United Struggle from Within. All prisoners who have expressed interest in USW have recently been mailed an update - many have joined the USW study group to deepen their understanding of theory and its applications in organizing. Contact us if you want to contribute. Guide for CA prisoners filing grievances Greetings MIM, I'm writing in response to your 3/9/99 letter in re: Prisoners' Legal Clinic. I've enclosed a 6 paged 'Guide to Writing a 602' for California prisoners. I don't claim to be well versed in law but I believe this guide is correct and can be useful to beginners such as myself, at least that is my hope. I wish there was more that I could contribute, even though I have sent some legal materials on a few prior occasions. I realize your main focus for PLC is to challenge censorship but one must first file an appeal within the institution. So this could help towards the overall struggle against censorship. I've a few other ideas, etc. and if you believe this guide is useful be my guest on how you use it. Let me know if you can use it so I'll have an idea on what to send in the future. Until then. -- A prisoner in CA, 11 April 1999. Guide Writing A '602' Purpose: The purpose of this guide is to assist others and help ourselves in understanding the basics for writing an effective appeal in order to defend against the many injustices faced behind these walls. This guide is also to help us receive all necessary entitlements which are due. 1.Generally: In accordance with the California Code of Regulations (CCR) Title 15, Sec 3084.1. Right to Appeal(a) "Any inmate or parolee under the departments' jurisdiction may appeal any departmental "decision," "action," "condition," or "policy" which they can demonstrate as having an "adverse effect" upon their welfare." 2. Definitions: (defined for this topic) A. Decision- 1. The passing of judgment on an issue. 2. A conclusion or judgment; verdict... in other words being found guilty at a '115' hearing or being given an indeterminate (SHU) term and or your indeterminate (SHU) term continued. "I wish to appeal the decision of _______ taken by _______ on ________." B. Action- 1. Deed. 2. Behavior and conduct... in other words something done by staff or employees of the state such as denying you your full yard time, medical attention or your supplies. "I wish to contest the action of _______ taken by _______ on ________." (Action also includes behavior of staff/employees, such as disrespecting or retaliation. But this type of complaint will be discussed later in this guide). C. Condition- 1. State of being. 2. The existing circumstances... in other words, condition can mean our overall conditions in (SHU) but you must be specific on each condition, such as inadequate clothing and or exchange or clean showers. This is not to be confused with a policy which would be appealing the policy of the amount of showers allowed per week. Condition(s) is more of requirement (what is required) and so you would appeal any inadequacy in this requirement. "I wish to contest the condition(s) of _______ which fail(s) to meet the standard(s) set forth in _______." D. Policy- 1. A definite course of action adopted and pursued by the state. 2. Procedure... in other words, all rules and regulations used by the state or required (mandated) of the state (state meaning C.D.C.). These rules and regulations can be found in the Title 15, D.O.M., O.P. and even Memos posted which implement a new policy or procedure. You can use state or federal laws to show the inadequacy of the C.D.C. policy. "I wish to challenge the policy of _______ which violates my right(s) of ________ because said policy fails to _______." E. Adverse Effect- Adverse- 1. Harmful or unfavorable. Effect- 1. Something brought about by a cause or agent; Result... in other words to reasonably demonstrate that a decision, action, condition, or policy has had an adverse effect upon your welfare/wee-being, you have to connect/tie the action etc. to its effect which is/had an adverse result. If you argue that you are being denied adequate clothing, you would have to state/show how this inadequacy adversely affects your health and or hygiene. Also, being validated which results in an indeterminate (SHU) term is an adverse effect that can be appealed. So, after you describe the problem you are appealing and its circumstances, then you must describe/show how the problem(s) has/is causing or will cause an adverse effect on your well-being. Note: An indeterminate (SHU) in itself is an adverse effect. So you do not have to describe how the indeterminate (SHU) affects you. Stating that an action etc. by the state which results in an indeterminate (SHU) term is enough to satisfy the adverse effect requirement. 3. Do's and Don'ts in Writing your (602). A. Use your Title 15 and a dictionary when possible. B. Don't cuss except when quoting and only when quoting. C. Your (602) doesn't have to be filled with legal lingo because it is not a writ, but it may be the foundation for one. So you must raise each issue on your (602) which you may have to bring before the courts. Example: If you are beat down by staff and thrown in Ad. Seg., you would raise excessive force and due process as issues in your (602) then it will be very difficult, if not impossible to raise in court (this part of the exhaustion doctrine discussed later). D. Keep your (602) clear, simple, factual and to the point. E. When writing your (602) anticipate the possible responses because for every action there is a reaction. F. Know your facts and stick to the facts. 4. Complaints Against a Peace Officer: In accordance with the California Penal Code (PC) Sec. 1486 we (prisoners) have the right to make a complaint against a peace officer [guard e.g., CCR, Title 15, Sec. 3291 for definition of a peace officer] for any improper police conduct. California law requires such complaints to be investigated. The procedures to file such complaints are the same as filing a regular '602' and this information can be found in CCR, Title 15, Sec.3084 (appeals). Note: Prisoners cannot file so-called citizens' complaints: see CCR, Title 15, Sec. 3391(b) "An allegation by a non-inmate of misconduct by a departmental peace officer as defined in Sec. 3291 (b) is a citizens' complaint pursuant to (P.C.) sec. 8325. Citizens' complaints alleging misconduct of the departmental peace officer shall be filed within twelve months of the alleged conduct. Once you file your appeal, the appeals coordinator will send you an information advisory which becomes a permanent attachment to your (602). This advisory is supposed to provide you with information necessary for your complaint but in actuality it's a veiled warning with information such as: "If the information found in your attached appeal is found to contain disrespectful, insulting comments or false statements, disciplinary action shall be taken against you." Citing CCR, Title 15, sec. 3004, Rights/Respect of Others (division "F" offense). And/or 3021 Falsification of Records or Documents (division "E" offense) and/or 3323(g) (b) commission of a misdemeanor offense (division "E" offense). As long as you stick to your facts throughout your appeal and don't exaggerate, you have nothing to fear in signing attachment (information advisory). 5. Lost or Damaged Personal Property Complaint: Even though California prisoners have the right to appeal any departmental decision etc. which they can reasonably demonstrate as having an adverse effect upon their welfare, the grievance process does not provide for monetary relief. The lone exception exists in appeals arising from lost or damaged property [see CCR, Title 15, sec. 3084.7(e); also see sec. 3193(b)]. This means when you file a civil action against the state, which only ask for monetary relief (not injunctions etc.) you can bypass the administrative procedures available, including filing a claim to the state Board of Control because the procedures available are not empowered to achieve the end sought. Therefore, on a purely monetary claim you do not have to exhaust your available administrative remedy, unless it deals with lost or damaged property because the procedure does have the power to remedy, reimburse etc. And so, you must follow the appeal process and the file you claim with the Board of Control if not remedied by the prison. [See Lacey v. CSP Solano Medical Staff, 990 F.Supp.1199 (E.D. CAL 1997)]. 6.Final Thoughts: Even though not all appeals are required by law to be first exhausted administratively (within C.D.C.) before being presented to the courts, as either Habeas Corpus or (1983, it is always good practice to do so. Even if it only involves sending a request for interview. You should at lest attempt to A) give prison officials an opportunity to remedy or respond to their action etc., and B) establish a record (paperwork) documentation to support your claim before the courts. As with all worth-while endeavors, effort is involved, as well as patience. So, be prepared to step up to the challenge and finish what you start. Si se puede. Especially if you apply yourself and utilize your time wisely. Again, this guide is not the whole of the appeal system but is a beginning and as with all beginners, the first step is the most difficult. Hopefully, this guide will help you take that first step toward equal justice.