Prisoners Report on Conditions in

California Prisons

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www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.

We hope this information will inspire people to take action and join the fight against the criminal injustice system. While we may not be able to immediately impact this particular instance of abuse, we can work to fundamentally change the system that permits and perpetuates it. The criminal injustice system is intimately tied up with imperialism, and serves as a tool of social control on the homeland, particularly targeting oppressed nations.

[Spanish] [Organizing] [Richard J. Donovan Correctional Facility at Rock Mountain] [California] [ULK Issue 14]
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Inspirado por Mao, enfrentando batallas legales

Escrito por un preso en el estado de California

Yo estaba leyendo ULK 10 de nuevo cuando encontré el artículo "El combate liberalismo de Mao muy pertinente en prisiones de PA." Ese artículo fue escrito por un prisionero y se refirió a ULK número 5 del mes de noviembre en el año 2008. Con respeto este artículo puedo decir de toda corazón que compadezco completamente con el autor, porque yo mísmo y unos otros aquí en el Centro Correccional conocido como Richard J. Donovan (RJDCF) en San Diego, California aguantamos el mísmo tipo de chingaderos.

Yo estaba puesto injustamente en la Segregación Administrativa de RJDCF por casi 18 meses por culpa de otro prisionero quien me acusó del intento de extorcionarle la mercancía de la tienda aunque yo no lo hice. Aquí, he visto exactamente como la mayoría de los prisioneros se dan las espaldas para no pelear contra la corrupción desenfrenada y opresión por parte de los puercos porque en el momento no les afecta a ellos. Pero cuando las cosas cambian, y la corrupción les toca, ellos de repente empiezan gritar, y exigen la unidad de todos.

Para mi, las personas que evitan combatir contra la corrupción cuando les conviene son iguales que los puercos. Es muy patético como ellos solo son preocupados con si mismos. Yo al contrario, por los últimos 16 meses he estado peleando uña y diente contra todos los actos corruptos y opresivos de los puercos. Aunque soy lo que se llama SNY (Yarda de Requisitos Delicados) conocido también como Custodia Protectora, peleo por los derechos de todos los prisioneros sin importar sus afiliaciones, sean SNY o activos de la yarda principal. He hecho bastante apelaciones y he presentado unas cuantas demandas en las cortes. Hago esto aunque todo regresa para perturbarme en la manera de retaliación por los puercos en autoridad. Pero para citar una expresión común de la famosa película Gone With the Wind en inglés o Perdido en el viento, "Francamente querida, me importa un comino."

Creo que no hay más que las autoridades puedan hacer para castigarme o hacer mi vida más miserable. ¿Cómo pueden hacerlo? He sido asignado a la segregación administrativa por 18 meses por asuntos no sancionados porque se acaba de descubrir que yo realmente no extorcioné nada de nadie, sin embargo me mantienen aquí por 18 meses por "preocupaciones de enemigos." He estado esperando un traslado no adverso por la mayoría de los 18 meses, por 16 meses más o menos. Los puercos que son más corruptos que nunca siguen andando por aquí como si fueran casi invencibles . Me dan porciones escasas de comida, friegan con la comida y el correo, e intentan callarme con mentiras. Constantemente estas autoridades intentan crear odio y hostilidad entre mi y los otros prisioneros. Pero hasta ahorita yo he tenido la ultima risa. Los prisioneros saben que yo les apoyo y peleo por sus derechos. Ellos entonces no les hacen caso a los puercos. Los prisioneros me brindan su apoyo aunque no todos pelean por si mismos. Además he ganado casi todas mis apelaciones, y las cortes están fijandos en estos asuntos. Por eso, yo no me les arrodillaré jamás a estos puercos sadicos masoquistas y sus metodos de opresión. Aunque sea dificil pelear contra estas fuerzas, a mí nada ni nadie me van a detener.

Estos puercos hacen tan buen trabajo en tenernos peleando entre nosotros mismos. Pero aun hay unos de nosotros que sin tener en cuenta su propia estatus custodial, SNY, yarda principal, raza, religión, crimenes, etcétera, quieren dar tanto para tras, sino más, de lo que nos dan.

Como ya he dicho, represento el SNY. Yo veo presos activos de la yarda principal peleandose entre ellos mismos. Estos conflictos ridículos contribuyen a su propia opresión y facilita el trabajo de los puercos. La yarda principal considera a los presos SNY como si todos ellos fueran lo más bajo como abusadores y asesinos de niños/as. Y aun hay más unidad en el lado SNY de la cerca. Nosotros ponemos la politica prisionera tonta a un lado. Para mi, es la cosa madura que hacer. Los presos le hacen favores a los puercos con pelearse entre ellos mismos. Y los que no pelean entre ellos mismos les besan el culo a los puercos para recibir favores como drogas, teléfonos celulares, y otras tonterías. Pero cuando algo sucede, estos mismos presos colaboradores exigen unidad que ellos mismos no demuestran. Antes, yo era igual a ellos pero he cambiado. Hasta ahora les ayudo a esas personas porque esta acción todavía es pelear la batalla buena. Conozco unos cuantos que harían lo mismo pero son muy pocos.

Prisión sería un lugar mejor si la gente parara de oprimirse a si mismos o a los otros, encima de la opresión de los puercos. Tenemos que dejar las tonterías para trás por una vez en nuestras vidas. Dejar al lado el racismo, el odio entre SNY y yarda principal, las actitudes egoístas, la mentalidad de "todo yo." Necesitamos madurarnos ya chingado. Unifiquense y peleen contra la opresión, contra los puercos, peleen por sus derechos verdaderos. Si no lo hacen, no son nada más que esclavos, títeres, putas. No estoy abogando violencia contra los puercos. Prefiero que lo hagan educandose ustedes mismos, apropriadamente, no con las pendejadas que estas autoridades quieren que aprendan. Historia auténtica, politica genuina, realidad cierta, si existe.

Nos enseñaron en las escuelas americanas que el comunismo es un terrible modo de vivir. Cuando las personas que eran comunistas difaman el comunismo es solo porque uno de ellos, normalmente exiliados u otros que fueron castigados, huyeron de la responsabilidad, entonces ellos lo calumnian. Y aun he conocido muchos otros que tienen puras cosas buenas que decir sobre el comunismo. La gente nunca será verdaderamente 100% felices. No todos. Pero la mayoría puede estar bien. Hasta el mismo Mao reconocía sus errores. Si la gente aprende de los errores, estaría estupendo. Demuestra madurez y responsabilidad. Si no, son unos tontos, así de fácil. Nuestros errores son muchos. Rápidamente hemos aceptados un cierto modo de vivir. Fijensen a donde eso nos ha llevado. Nuestra rehabilitación en la prisión es una broma. No estamos rehabilitados, estamos segregados. Y es porque lo hemos permitido cuando lo aceptamos como si fuera la manera genuina. Pero no es así. Despiertense. Fijense entre las líneas. Estamos miserables porque lo hemos permitido.

Unifiquense. Echen la mierda para trás en la basura. Eduquense. Parense en sus propios dos pies y peleen en la batalla verdadera.

MIM(Prisiones) agrega: El movimiento prisionero al fin de los 60s y el comienzo de los 70s fue fuerte gracias a la unidad de acción alrededor de temas que afectaban a todos los presos. Necesitamos implementar ese tipo de estrategia y no solo concentrarnos en el individuo como este camarada reitera. Está en líderes de ir al frente y dirigir en su enfoque pero ha cambiado. Entre más líderes vayan al frente, más gente cambiará y verán unidad en acción como una realidad.

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[Spanish] [Medical Care] [California]
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Tratamiento adecuado negado

Yo personalmente he tenido complicaciones de salud los ultimos dos años, specificamente infecciones estómacales (dos veces). Me diagnosticaron con H-Pylori (Helico Infección Bacterial) que basicamente viene de comida sucia en los cubiertos. Se sabe que esta infección causa cáncer estómacal si no es tratado apropiadamente. Adicionalmente he estado sintiendo quemazón en las areás privadas, en cual la prisión del estado de Florida y la union correción institución ha continuadamente corrido los mismos examenes, nunca intentando otra forma de tratamiento en cual solo causando que sufra más.

Repetidamente me han cobrado $3 por ir a ver el doctor solo para ser negado tratamiento adecuado. El personal medico igual que el personal de seguridad (los guardias) sigen actuando como que los reclamas de mi enfermedad medica es un problema mental y no un problema fisico, hasta que recientemente despues de dos años fui visto por el urologista y solo por el apoyo de mi familia y de continuadas quejas me dijeron que tenía calculo renal. Solo quiero decir que quien seas y donde estes todos podemos contribuir a la lucha para derechos basicos y con determinación podemos obtener o lograr nuestras metas y conquistar.

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[Campaigns] [California State Prison, Los Angeles County] [California]
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Warden Turns a Blind Eye to Staff Misconduct

02/18/2010

This is a response from Warden B. M. Cash at California State Prison, Los Angeles County to a participant in the campaign for proper handling of grievances. In this response, Warden Cash avoids addressing our comrade's petition, effectively supporting the illegal activity of his staff.

The Warden received this petition from several prisoners, not just one, and s/he still doesn't see a need to conduct h own investigation. This is just one example of the lack of redress afforded prisoners within the imperialists' bureaucratic runaround. It is proof of our need for a new society; one where writing a letter to an administrator in charge of dozens of employees who are actively perpetuating your oppression leads to at least an investigation!

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[Organizing] [Richard J. Donovan Correctional Facility at Rock Mountain] [California] [ULK Issue 13]
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Inspired by Mao, fighting legal battles

I was rereading ULK10 when I came across the article "Mao's Combat Liberalism very relevant in PA prisons". The prisoner was referring to ULK issue #5, November 2008. From the article by the prisoner, I can honestly say I sympathize with him, for myself and a few others here at Richard J. Donovan Correctional Facility (RJDCF) in San Diego, California have been dealing with a lot of the same type of shit.

Here at RJDCF Administrative Segregation, where I have been for almost 18 months because some other prisoner said I tried to extort him out of commissary items (which I did not do at all), I have seen exactly how a good portion constantly back down from fighting the rampant corruption and oppression by the pigs because at the time it's not affecting them. But once it does, they scream it's unfair and demand unity.

To me, these people are just like the pigs themselves. Out only for their damn self. It's pathetic.

I, for the past 16 months have been fighting tooth and nail against all forms of pig corruption and oppression. Even though I am what is called SNY (Sensitive Needs Yard) a.k.a. Protective Custody, I fight for the rights of all prisoners, be they SNY or mainline actives. I've done quite a few appeals as well as filed a few court claims. I do this even though it comes back to haunt me in the form of retaliation from the pigs in authority. But to quote a famous movie, "frankly my dear, I just don't give a damn."

There's not a whole lot more they can do to punish me or make my life miserable. How could they? I'm in Ad-Seg for 18 months for non-disciplinary issues as it was soon found out that I did not extort anything from anyone, yet they are keeping me here 18 months for "enemy concerns." I've been awaiting a non-adverse transfer for most of the time, about 16 months. The most corrupt pigs keep on going like they're nearly invincible: they issue me short portions of food, tamper with food and mail, and try to shut me up with bullshit. They constantly try to make other prisoners hate me. But I have been the one with the last laugh so far. The prisoners know I fight for them. They ignore the pigs, and show support for me even if they all don't fight on their own. I have won nearly all my appeals, and have the courts looking into these issues. I will not bow down to these sadomasochistic pigs and their oppression. While difficult to fight, they won't hinder me.

These pigs do such a great job of keeping us all at each others' throats. Yet there are some of us, regardless of custody status, SNY, mainline, race, religion, crimes, etc, who just care about giving back, just as much, if not more, than we get.

As I said, I'm SNY. I see active mainline prisoners fighting themselves. This is contributing to their own oppression and making the pig's job even easier. The mainline looks down on SNY prisoners like they are all baby rapers and killers. Yet there's more unity on the SNY side of the fence. We put bullshit prisoner politics behind us. To me, it's the mature thing to do.

The prisoners do pigs favors by fighting each other. And the ones who don't fight each other kiss the pigs' asses to get favors such as dope, cellphones, and other shit. But when something happens, these same collaborating prisoners demand unity that they themselves don't show. I used to be similar, but I've changed. Now I even help those people because this is still fighting the right fight. I know a few who would do the same, but they are very few.

Prison would be a much better place if more people stopped oppressing themselves and each other on top of what the pigs do. We must put the bullshit aside for once in our lives. Leave behind the racism, mainline/SNY hatred, the selfish attitudes, the "it's all me" mentality. We need to all grow the fuck up.

Unite and fight oppression, fight the pigs, fight for your true rights. If you don't, you're only slaves, puppets, whores. I'm not advocating violence against the pigs. I prefer you do it by educating yourselves properly, not with the bullshit these authorities want you to learn. True history, true politics, true reality, they exist.

We were taught in American schools that communism is a terrible way of life. When people bash it who were communist, it's because only a few of them, usually exiles or people who would've been punished, fled from responsibility and put it down. Yet I've met a lot of others who have nothing but good to say about it. People will never truly be 100% happy. Not everyone. Most can be just fine.

Even Mao himself admitted to mistakes. If people learn from them that's great. It shows maturity and responsibility. If not, they are fools, it's that simple.

Our mistakes are many. We've been quick to accept a certain way of life. Look where that's gotten us. Our rehabilitation in prison is a joke. We're not rehabilitated, we're segregated. And we've allowed it by accepting it's the real way. It's not people. Wake up. Look between the lines. We're miserable because we allow it.

Unite. Put bullshit back in the garbage. Educate yourselves. Stand on your own 2 feet and fight the real fight.

MIM(Prisons) adds: The prison movement of the late '60s and early '70s was strong because of the unity in action around issues that affected all prisoners. We need to implement such a strategy, and not just focus on self as this comrade reiterates. It is up to leaders to step forward and lead this effort. This comrade acknowledges that they used to be narrow-minded in their approach but changed. The more leaders who step up, the more people will change and see unity in action as a reality.

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[Medical Care] [California] [ULK Issue 12]
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Medical negligence leads to finger loss

Greetings to all who support what is right! My story goes like this: I recently noticed a friend of mine with a very large bump on his hand due to a brown recluse spider bite. I asked him, "what happened?" He told me that he filled out an emergency medical request form and informed medical staff of the type of spider and its location.

Well, no one responded to even look at it until 19 days had passed. I asked him if they were going to treat it and he said, "yes, they did." They had given him a couple band-aids and a small packet of ointment. Well, this morning I saw him again. They had to amputate 3 of his fingers because the poison from the spider bite had caused severe damage over such a prolonged period of time. However, if they would have responded sooner, then he wouldn't have lost his fingers.

A law came out some time ago called "The Plata Case" which entitles all inmates in CDCR to fair and prompt medical attention, as well as other medical treatments. For the most part, the staff are still negligent, and when they are confronted with that particular issue they say "due to budget cutbacks, we are short of staff!" They cling on to any reason to blame the budget so their job income can be more. A lot can be done to save my friend's fingers, but when I see the attitudes of the medical staff and the way they treat the inmates in a non-professional manner, it's obvious they are unloading their aggressions and animosities on the inmates needing medical attention.

MIM(Prisons) adds: Plata v. Schwarzenegger, docket no. 3:01-cv-01351-TEH (N.D. Cal.), is a federal class action civil rights lawsuit alleging that the California Department of Corrections and Rehabilitation's (CDCR) medical services are inadequate and violate the Eighth Amendment, the Americans with Disabilities Act, and section 504 of the Rehabilitation Act of 1973. This case was filed in 2001 and as of early 2010 the state is still resisting as a federal receivership has recently taken over the CDCR's medical care. MIM(Prisons) promotes long legal battles that are strategically chosen to create space for the oppressed to organize and to expose the system. Almost nine years of court and prisoners of the state are still losing fingers and worse unnecessarily. Now that the system is exposed, the other side of our struggle is building the independent institutions of the oppressed that demonstrate better ways to do things.

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[Censorship] [Abuse] [California Correctional Institution] [California]
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Mail and Other Policy Violations by Prison Staff

The current problem that we prisoners here in CCI Tehachapi are facing at the moment is that our captors are ignoring and deliberately going against the same Title 15 Rules and Regulations manual that they expect us, the prison population to abide by.

Our captors are in violation of these Rules and Regulations by not delivering or issuing out our property, packages, newspapers, periodicals, magazines, and books as stated in Title 15 rules and Regulations section 3134 General Mail Regulations. "Inspection of ingoing mail and outgoing packages will occur as follows: (4) Delivery by staff of packages, special purchase, and all publications shall be completed as soon as possible but not later than 15 calendar days, except during holiday seasons such as Christmas, Easter, and Thanksgiving, and during lockdown of affected inmates."

In consequence to our captors unwillingness to abide by their own Title 15 Rules and Regulations manual, they've now created an oppressive environment for new arrivals to this institution by placing them in a cell for long periods of time (sometimes nearly up to three months) without their property, which includes their appliances and reading materials.

Other ways our captors violate our rights is by not honoring the following:

Title 15:
Section 3060: "Institution will provide the means for all inmates to keep themselves and their living quarters clean and practice good health habits."

Section 3061: "Inmates must keep themselves clean, and practice those health habits essential to the maintenance of physical and mental well being." Note, we can't because we only get one small bar or soap per week for both our body and laundry.

Section 3095: "A newly arrived inmate may within 30 days of arrival submit CDC form 184, canteen draw order for any scheduled draw."

Section 3031: "Each inmate shall maintain issued clothing and linen as neat and clean as conditions permit. Weekly laundry exchange shall be provided on a one-per-one basis."

I as well as other prisoners here with me, find ourselves under these oppressive circumstances. We have sent in numerous request slips for our property, packages, and books, but to this date they have all gone unanswered.

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[Medical Care] [California] [ULK Issue 12]
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Forced drugging in prison

I shudder to think that our "public servants" are expunging the minds of united states citizens with drugs, and that the courts are so inept as to resort to such insidious devices as forced druggings. Psychotropic drugs are nothing but a slow poison! It's a threat to one's life, health, mind, and religion. The courts may think they have a legal right to expunge the minds of freeborn citizens, but it's not only a flagrant violation of our rights, it's also attempted murder. Therefore I've elected to protest this atrocity with a hunger-to-starvation strike until this evil poisoning stops or I die. I would rather be dead than see myself slowly deteriorate to such a horrid degradation of life.

I've been informed that if I attempt this they will obtain a court order to force feed me through a tube running in my nose and down my throat while I'm strapped to a gurney. Then they will inject the drugs into me with a needle. Therefore, to save my mind, my health, and my life, I feel I have no choice but to plead almost anything that the courts and DA wants from me to stop this poisoning of my mind, body, and soul. It's ironic that this war on drugs is used to discredit some drugs and people, and then to force some horrid drugs on some people and call it lawful.

MIM(Prisons) adds: This comrade makes an important connection between the various uses of drugs by the state. While many prisoners are suffering from physical ailments because they are denied health care that people on the outside have easy access to, others have no problem getting their "meds" that are often forced upon them to control their brain chemistry. Both situations attest to the terrible waste of life that the system perpetuates.

Also see an earlier report by another California comrade in Under Lock & Key 5: Using psychology to drug political prisoners

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[Political Repression] [California]
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Under investigation for political literature

On December 11 I was placed under investigation due to the political literature I had in my cell. There was a major shake down on the prison yard and the officers made their way to the building I'm currently in, and my cell was one of the last that was shaken down. As my cell was in the process of getting searched some of the low level and low ranking officers came across the literature I had such as Blood in my Eye, Zero to Anarchy, Revolution, Soledad Brother, Who's the Terrorist by Ward Churchill and Terrorist vs Terrorist: the story of the U.S. involvement in terrorism. And so having this literature in my cell was deemed illegal, so they confiscated the books along with my photo album and address book.

I haven't received the literature I requested from you guys, it's been 2 weeks even if I made a copy of the CDCR security squad receipt it would not leave the prison. No I believe my outgoing and incoming mail will either be screened and possibly censored or both. I tried to get a copy of the DOC's prison mail policy about 4 times but have never received it. The prison law library doesn't have an updated one. I 602ed it and was told that the problem will be fixed but it hasn't as of yet. I don't even know if this letter will get to you but I'm sending it anyway.

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[Medical Care] [Soledad State Prison] [California] [ULK Issue 12]
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Delays in medical care in California continue

As populations continue to rise in California state prisons, health care has deteriorated. Overcrowded is an understatement. It's literally standing room only. Inmates have no chance to receive adequate medical attention here at Soledad CTF-South or any other CDCR institution. Doctors are overwhelmed with prisoners on a daily basis. And even though the feds are overseeing the medical department in CDCR, the CDCR continues to pile on the prisoners, making it impossible to receive primary care. And by the time you write a grievance and get any response, you are forced to live with the medical issue, whether it be pain or discomfort.

Constitutional rights are being violated on a daily basis. Weeks and months can pass by before any remedies, once a grievance is submitted. It's like they are punishing prisoners who merely exercise their rights to submit a complaint. Is there any agency that can help? Most agencies require that all remedies be exhausted before they step in, but these remedies take from 3 to 6 months. CDCR knows this; it's why they are able to continue to violate the rights of prisoners who fall into the category of patients with "non-life threatening conditions." But non-life threatening conditions can turn into life threatening conditions if left untreated for months at a time and sometimes cause long term effects. The feds need to step in ASAP. All prisoners whose constitutional rights have been violated should be compensated. This prisoner abuse must stop.

MIM(Prisons) adds: Ironically, prisoners are actually the only people in the united $tates guaranteed health care by law. Nonetheless, prisoners still suffer vastly disproportionate cases of HIV, Tuberculosis, Hepatitis C and many other chronic diseases as well as drug addiction.

Keep in mind that it has taken the government years to process the current cases that it is attempting to enforce in California mandating population reductions. California continues to resist the orders as people continue to suffer and die from lack of care.

MIM(Prisons) does see long legal battles demanding rights that the oppressed need to get free as an appropriate strategy at this time. In fact, it was the strong prison movement of the late 1960's and early 70's that brought the class action suits that required the state to provide any level of care at all to their prisoners. But as most of those comrades also acknowledged, the state does not have an interest in the their health and the little progress achieved over years of struggle could be achieved many times over in a much shorter time by changing the system itself.

In the past, the FBI has tried to promote itself as a savior for Black people from racists in the south, when in reality they worked hand-in-hand with the local KKK groups. Similarly here, the feds have been involved in the California prison system for some time, but as this comrade reports, the conditions have not changed. We can take advantage of differences between our enemies without looking to the oppressor as our savior.

notes:http://www.assembly.ca.gov/committee/c208/briefing_documents/Healthcare%20briefing%20paper31.htm

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[Censorship] [California] [ULK Issue 13]
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California Ban on MIM Over... Sort of

A December 13, 2006 memo from then-Director Scott Kernan declared a systemwide ban on all publications from the Maoist Internationalist Movement. The memo misquoted and took out of context statements by MIM to justify the ban. Many comrades soon jumped into action to defend the First Amendment rights of California prisoners and their outside supporters. One comrade took this battle further than anyone else, leading to over 2 years of legal battles that ended in April, 2009.

One administrator claimed there were three banned publishers in California Department of Corrections (CDCR): MIM, Penthouse and Playboy. While MIM had received this high honor of a complete ban, others were facing severe censorship by CDCR as well. In April 2007, Prison Legal News (PLN) settled their suit against CDCR's illegal censorship. The settlement was very strategic on the behalf of the PLN legal team in that it included reforms to CDCR mail policy that affected all of us that had been having problems.

As many of our readers probably know, Prison Legal News was founded and is led by jailhouse lawyers. Their consistent work has won them the ability to recruit street lawyers to their battles. Without the leadership of prisoners and former prisoners, defenders of prisoners' rights in the courtroom are few and far between. Yet, litigating from behind the walls is no easy task, as our California comrade can attest:

"The sole reason for my non-opposal of defendants summary judgment is quite simply that I was unable to litigate the case from my current residence here in the hole. As I stated to you before I was not able to obtain the required legal materials needed to litigate, materials such as a basic copy of the Federal Rules of Civil Procedure (FRCP), the sufficient or suitable case law required, or even sufficient copies, and typing paper.

"As I am in Ad-Seg, most of the required materials stated above are not in this building's possession, or even on the same yard. We must write to B-yard law library for requested legal texts. This is something no one bothered to inform me of 'til just a few weeks ago. Furthermore, the whole process of requesting materials is usually hit or miss in the sense that sometimes we receive our materials, sometimes we don't. Since I'm in the hole, I had to request photocopies of the FRCP. However, due to 'copyright concerns' I did not get it."

In addition to being denied needed legal materials, this comrade was denied an appeal for a lawyer to be appointed to their case. This was particularly relevant in this case where s/he was being denied access to the materials in question because they were deemed a risk to security.

For a year and a half following PLN's victory, supporters of MIM Distributors argued that the ban on MIM mail was not in compliance with the settlement. Finally, in October 2008 the CDCR released their new "Centralized List of Disapproved Publications," a product of the settlement. MIM Distributors is not on this list, and is therefore no longer legally banned in California. It is against CDCR policy for individual prisons to institute bans that are not on this centralized list.

While the final date for additions to the Centralized List was May 1 (and it is updated annually), we have not seen the new list for 2009. Experience seems to indicate that we are still not on it, since those who continue to ban our mail cite outdated documents. Prisons that continue to return mail from MIM(Prisons) unopened are High Desert and the supermax prison, Pelican Bay. Blanket bans seem to require more stringent review by the courts. Therefore, it may be more strategic for the state to avoid blanket bans in the future, thus making lawsuits like the California prisoner's more difficult to carry out.

The good news is most prisons in California no longer have a blanket ban on MIM (those that do are in violation of court orders). This may have more to do with incompetence of the CDCR staff than a strategic approach. But it also means that the censors must now justify their censorship based on the California Code of Regulations, and appeals cannot be rejected out of hand.

For a while, the prisoner who filed suit was the only persyn in h prison who was able to receive Under Lock & Key. We assumed this was to undermine h censorship claims. Yet, after the ban on MIM was officially canceled in October, all of a sudden ULK was also censored to this comrade. When one of our legal supporters wrote to inquire as to why, the Warden cited the overturned ban on MIM. This was as late as March 2009, and the same thing happened in other California prisons. It was not until 6 months after the new list was released that prison administrators acknowledged that MIM Distributors was no longer banned. We have been assured that proper training of mailroom staff has been conducted in a number of California prisons regarding the new banned list. Still, this alleged "incompetence" has led to over 2 years of no contact with many prisoners across California, and added up to uncounted costs in lost and returned mail and printed materials.

Meanwhile, MIM Theory 8: Anarchist Ideal & Communist Revolution was deemed such a threat that the court would not allow the plaintiff to view the magazine alone in h cell to prepare h case. The CDCR legal team even attempted to seal MIM literature from the public because it allegedly posed such a threat to security. In their motion to have the documents sealed, the CDCR also refers to MIM's "anonymity" as a threat to security. It is not clear to us how identities of those working with MIM are relevant to the security of prisons run by CDCR, but we do see anonymity as justified given the history of harassment and intimidation by CDCR's Investigation Unit and the CCPOA of citizens outside of prison. MIM(Prisons) takes these threats very seriously.

On June 29, 2009, the US District Court issued a summary judgment dismissing the claims against CDCR. In the summary judgment the court recognizes our comrade's exposure of the CDCR for misquoting MIM Theory 8, using ellipses as Scott Kernan did in the 2006 memo. Still, the court deferred to the biased judgments of the prison officials, citing Overton v. Bazzetta, 539 U.S. 126, 132 (2003).

The comrade responded by writing,

"I am extremely disheartened by the aforementioned facts. Disheartened, not defeated, yet I see no positive outcome to the civil matter."

S/he goes on to state,

"Once again I am extremely and hopefully apologetic. It was not my intention to have done all this work for the past 3 years just to have it all come to a crashing halt in the period of three months. I have let not just myself and the movement down, but the people as well.

"Not all is bad though. This was certainly a learning experience and I definitely learned a lot for a 7th grade drop-out. I have been inspired to take a paralegal course, after which I will be of better use to MIM and the people."

For this comrade in California, it is certainly natural to feel disheartened, and it is good to hear that you are not defeated. In the imperialist countries, the task of the revolutionary movement is to carry out long legal battles. Mao said this in 1975, and it is still true today. This means that many of us will have to spend long hours learning and applying bourgeois law, while recognizing that the law has class character and is not designed to serve the oppressed. In addition, "legal work" does not just mean in the court room. An important aspect for keeping our work focused and sane is to carry it out as part of a larger movement. This comrade didn't have a victory in court, but h efforts were simultaneous to petitioning of the CDCR, to public education around censorship, to other prisoners filing appeals, and to PLN's own lawsuit. We will face many failures along the way, but these failures become easy to accept when we study and understand the weaknesses of imperialism as a system, and see our strategic role in contributing to ending all systems of oppression.

We commend this comrade's drive to continue legal studies. The more effective each of us become in our work the easier it is for all of us to succeed. Becoming more effective requires studying others' experiences, learning from them and developing strategies as a movement.

In a more recent letter our jailhouse lawyer wrote,

"Some key points I've learned from all of this is that you definitely have to be committed when engaging the oppressors and their legal system. You always have to keep in mind that you are facing seasoned veterans with all the tools and obstacles of the state at their beck and call. It's never going to be easy, just less difficult at times. Long periods of research and study are also essential with these legal battles long before you decide to actually bring your case into the courtroom. You can also never let yourself be discouraged because discouragement is key to the oppressor's victories which in turn establishes precedent making it that much more difficult for us to succeed."

Prison Legal News and the lawyers supporting their work are the exception to the rule. Most of the time it is prisoners, sometimes with little or no formal education, as this comrade can attest to, who must fight these battles in a maze of complicated language and jargon, where you are starting out at a huge disadvantage. That is why it is important to keep in mind what we are dealing with. The u.$. state is an imperialist state. The court is not a just and benevolent god. Mumia introduces his new book Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A. discussing prisoners who have gone mad after years of learning and applying the law only to lose their just cases, or to have them thrown out before even getting a trial. Such outcomes are to be expected for the oppressed under imperialism and this is an important lesson to learn.

To our readers in California, it is more important than ever that you write in to tell us what mail you are receiving from us so that we can build on this struggle. To date, only a handful of people have acknowledged receiving ULK 10 on Hip Hop.


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MIM Banned in CA!
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