Texas Lawsuits Dismissed, Keep Filing Lawsuits
Since my earlier letter I have now come across many prisoners who are existing members. It is encouraging to know that other prisoners want a revolution recharge to Texas's prison environment. In my past years of confinement, in the units I have been assigned to, not many prisoners saw the need for revolutionary prison reform. On this unit, I am coming across more prisoners who are seeing the need and attempting through civil litigation to see this reform come about.
Texas still wants to deny prisoners the right to have the government redress our grievances for violations of our constitutional rights. The right of a prisoner to petition the government exists in theory only, but not in practice.
The poorer and less educated prisoners have to face a two-front battle just to get into court. As an indigent prisoner I have to fight access to courts officials just to get the legal correspondence supplies that I need to litigate my claims. After I get them into court I have to battle court authorities and judges just to keep them in.
When I write to judges of my treatment by officials I face retribution by other prison officials. Judges and court authorities want to deny my right to exercise my claims in court under proper due process and equal protection rights. If I had funds, family or friends who could help me out with legal correspondence supplies, then the prison officials would not be able to place me in a figurative full-body straitjacket.
It is so bad that many prisoners' claims being filed in court are being stolen right out of court by magistrate judges, dismissing lawsuits on which they do not have the right to render a final judgement. When prisoners appeal it, they send it to the 5th Circuit Court of Appeals. District court judges' judgements are nothing more than a court directed verdict. The rendered judgements do not fit the evidence filed in court in complaints, evidence and exhibits.
Prisoners in Texas have filed so many individual lawsuits that Texas does not want any more to be filed because, whether a lawsuit succeeds or fails, it leaves an electronic paper trail. Texas prison officials are scared that the feds will step in and take their prison system away. This to me is an encouraging sign so I say keep up the good work and soon we can see the Texas prison walls come crumbling down.
MIM(Prisons) responds: We agree with this comrade that lawsuits are an important part of our current strategy to fight the criminal injustice system. But this will never bring about revolutionary change, because the legal system is a part of the criminal injustice system as a whole, as this comrade's experience demonstrates. The imperialists will never relinquish control of this critical part of their internal system of national oppression through legal battles. We can use their system against them to an extent, and even win some key battles in the legal arena, but we will do that as a part of the broader struggle which must build for independent revolutionary change.