Pelican Bay report 2003

On 7/14/03 Pelican Bay State Prison and the beginning of July as well as through the third week of July did a sweep of between 60 - 70 All Afrikan captives whom are Muslim (al-islam, Nation of Islam, ansar El-muhammads), their visitors as well as associates and placed all of us into administrative segregation (ad-seg) for an alleged conspiracy to assault and/or murder staff on "A" and "B" yard of PBSP.

The last incident which happened between staff and Muslims on "A" yard was in 1999; and was between one muslim and staff, because staff refused to return a radio and verbal disrespect.

There was an alleged stabbing assault and physical altercation on 6-21-03 between staff and two alleged Muslims; the stabbing was due to staff manhandling a captive whom they had been calling on informant, so he allegedly stabbed a correctional office (c/o) and the fight occurred because staff wanted an alleged Muslim to unclothe in front of a female c/o due to the stabbing, which just had happened and tried to physically force him to do so. Knowing it's against Islam. However, his happened on "B" yard and I'm on "A" yard and there are rumors going around and some captives witnessed the alleged assaults on the yard that day; if said information is accurate, then the two alleged assaults were personal and unplanned.

During June of 2002 PBSP executed the exact same sweep, for the same reason, but only on "B" yard and gave 4-5 alleged Muslims indeterminate SHU terms, but no incidents between staff and Muslims had occurred. PBSP transferred some of the remaining Muslims and returned the rest to general population.

Then during the month of August 2003, PBSP carried out a third sweep on all African captives for the same conspiracy, but in order to allegedly celebrate "Black August" ; now there exist around a hundred Afrikan captives in Ad-seg for conspiracy and non-disciplinary reasons. And no documentation which implicates us in said conspiracy and with the knowledge over half of us never knew one another nor ever communicated prior to being place into ad-seg together.

On 9-9-03 PBSP had the secret service visit/interview me, due to PBSP sending the secret service some of my writings; which spoke of no violence nor killing of anyone. The security squad for PBSP was in the room for the interview; I sat straddling a chair for two hours, while handcuffed. No Miranda rights were read to me nor do I know whether or not they were acting under the "Patriot Bill."

The Title 15 (CA Dept. of corrections rules/regulations book) states that a 114-D (lockup order - removal from general population) must state the reason(s) for the lockup order; if confidential information is being used, then given enough information in order to allow the inmate to give a response or defense; given a copy of documentation which were used in order to execute the 114-D and the opportunity to call witnesses and submit documentation on their behalf at their 114-D hearing and initial institutional classification committee (ICC) Hearing. The inmate is to be given in writing why he is being retained at each hearing: Title 15; 335; 338 (F) & (I); 339 (1) & (4) & 3021 (1-5).

We went to our 114-D Hearing on 7-22-03 and our ICC on 7-30-03; some of us went before or after as well. At each hearing PBSP said they had no evidence to share with us, because the investigation was on going and denied us all our "procedural" and "substantial" safeguards.

We began filing 602s (inmate appeals) due to the clear said violations, then on 8-25-03; 7-8-03; 7-10-03, 7-15-03 and 7-16-03, which makes us possible participant in said conspiracy and that's it. Not only was each date suppose to be on a separate 1030, but enough of the statement from the alleged informant which specifically implicates us in said conspiracy by name, was supposed to be enclosed in the 1030 too, so we may give a response or defense at our 114-D hearing and ICC; it's now clear PBSP had said 1030s at their disposal the whole time, but yet chose to violate their own rules: title 15: 3021 (1-5).

In addition to the aforementioned violations, PBSP is not allowing us to practice proper oral hygiene nor environmental sanitation. We are not receiving our ten hours per week yard nor one hour a day as per Title 15: 3343 (h) and Allen v. City and County of Honolulu, 39 F.3d 936 (9th Cir. 1994). Our mail is being tampered with and food being played with.

These acts of violations are "Deliberate Indifference"; discriminatory and retaliatorial, in violation of our constitutional rights under the u.s. constitution of the 1st, 5th, 6th, 8th and 14th amendments; and Title 15: 3004, 3005, 3413, 3391.

PBSP is targeting Afrikan captives whom practice self-defense towards staff and inmates alike; whom know the law; whom are articulate and knows how to properly educate and train the grassroots within these legalized slavery concentration camps; they use code words as they (government) do out there in the macrocosm plantation in these microcosm ones.

Street: Economic crisis - have to spend too many government dollars on the poor masses. Overpopulated - population control, e.g. exile people of color; commit justifiable homicide against them; place them in prison and increase the pay for them to be spade/neutered. High unemployment - too many people of color competing in the job market and not enough jobs for their inner-circle. Over crowded school system - Too many people of color competing for higher education; up to dated curriculum and school funding. Increase in violence - too many people of color practicing self-defense. And the list goes on and one…

Prison: In these concentration camps when they use the aforementioned code words they have begun doing conspiracy sweeps and falsifying 1030s in order to give Afrikan captives indeterminate SHUs under the following categories: 1) prison gang member 2) prison gang member associate 3) Failure to program 4) Belonging to a disruptive group 5) Legitimate penological interest

- a prisoner in California, September 2003