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.

[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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[National Oppression] [California] [ULK Issue 11]
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Immigrants, Migrants, and U.$. Citizens

Kill the BorderThe U.$. is the melting pot of the world. A little bit of everybody and everything dwells in this land. It’s the land of opportunity, what do you expect? From the North to the South, and the East to the far West people are tearing down doors to get over to this sorry motha fucka. It’s the land of opportunity alright. The opportunity to get beat down, stepped on, and spit all over.

While the people of Third World or impoverished countries are under the perception that this is the place to be, and try to get here. The military agency ICE is sitting right at the top of that barb wired chain linked fence waiting for that opportune time to jump on their back and either allow the exploitation of their labor or send them back to the fucked up environment in which they’re running from.

Being an individual born over here in these ununited $tate$, living amongst the imperialists themselves, one might take my opinion of the issue dealing with the border situation, or the incarceration of brothas from other countries who wish to better their situation by taking just a little bit of what these imperialistic snakes have taken from them, as a person who’s looking in from the outs.

But trust and believe I’m a brotha looking in from the in. I ain’t no U.$. citizen, and I damn sho ain’t no Amerikkkan. My pops is of Somoan decent and my moms is a descendant of Africa. Period. I’m an immigrant along with every other individual in this ununited country who isn’t indigenous.

Ol Chris and his squad came over here from Europe running from their fucked up conditions looking to receive an opportunity to better their situation and their queen’s capitalistic hunger. Where was ICE then? On the same Mayflower boat that brought the first load of African slaves. He probably was the motha fucka who was drivin the boat. When you think about the foundation of the U.$. as an ununited country you should think about immigrants, and border hoppers. Everything from the English, Germans, the French, Dutch, and the Irish were the ones who entered this land trespassing on the Natives.

The only difference from them and many of the Third World countries is they can’t stand in the sun too long without being physically burned by father sun, they don’t have tight eyes or natted hair, and they don’t know the first thing about communism. They are white. They only seek the growth and development of their white imperialistic race, and the destruction of the Third World people and the communistic spirit.

Now I’m not pulling the race card here so don’t take it as such. But in order to effectively deal with this issue we must address the underlying fact of the imperialist’s white supremacist ideology and concept of white supremacy. Since the beginning of colonial expansion, the white man has been advocating a campaign that he is the superior man of planet earth and all will bow down to him and give praise to him and his seed. In this campaign he has declared war on all nations not acknowledging this supposed superiority and attempted to not only suppress these nations, but knock them out of existence (ie. the First Nations of North America).

When the African slaves began running away from their masters and causing Lady Liberty a great pain in her ass, the Europeans quickly responded with the KKK who in turn attempted to discourage Africans from running off through terrorist attacks. It’s no different today except they leave the white robes and swastikas at home. When you think about the ICE agency and what they’re all about, all you’re missing is the robe and shit.

They allow the poor nations to come over here via border jumping, get a job in the cotton fields, or warehouses, then as soon as they don’t need the cheap labor force any longer they either send them to one of the new “social control camps” or knock them out of U.$. existence by sending them back to their imperialist war stricken country.

Hate it or love it, accept it, or reject it. The only way to kill the border problem is by killing imperialism and the ideology that keeps it living.

MIM(Prisons) replies: While overall correct, this comrade fails to distinguish between citizenship of a country and nationality. We agree that, in this country, to be on the side of the oppressed one must renounce any membership in the amerikan nation. We also agree that there are many nations within North America and many of them face oppression by the amerikan and kanadian nations. This is seen in the denial of land rights, mass imprisonment, chemical warfare through narcotics, high death rates from preventable illness and police state terrorism.

However, being a member of an oppressed nation in North America does not mean you’re not a citizen. The difference being that, as a citizen, you can legally work and earn exploiter level wages for that work, even if it’s harder for you to get than your fellow white citizens. Though migrants often can make much more than their sisters in the Third World, they face exploitation here in the united $tates, and other forms of oppression most legal citizens don’t need to fear.

We do agree with the idea that this comrade is not a u.$. citizen because of h position as a prisoner of the state. We look to both prisoners and migrants as potentially revolutionary forces within the u.$. because they do not enjoy full citizenship rights. Aside from the fact that more and more prisoners are migrants, this is the connection that makes the migrant issue very relevant to u.$. prisoners. National liberation struggles will be led by those among the oppressed who have a strong interest opposed to imperialism.

The analogy between ICE and the KKK is right on, though we’d say that the Minutemen are the more direct comparison. ICE differs in that they are very well paid for what they do, not just volunteers for their nation. They both play the role of managing nations of exploited people for the profit of their nation.

One final note on definitions, a question that has come up in discussing this issue is how we use the terms “migrant”, “immigrant” and “non-citizen.” As stated above, non-citizens are people without legal citizenship rights, and in the u.$., prisoners, while usually legally citizens, might be included in this group or at least considered partial citizens. Immigrants and migrants are both not citizens of the united $tates. But an immigrant is someone who moves to another place to live. Migrants are people who travel from place to place in order to find work. They might not have a home, but they often do have a family that they send money to and would prefer to be with.

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[Rhymes/Poetry] [California] [ULK Issue 11]
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Ride for the people

I… will ride for the people no matter what comes my way at all
I… will die for the cause
Settle for nothing less than all that we rightfully deserve

Vr 1:
Society wanna keep a lock on me
constantly puttin blocks on me
cause I don’t see the same thang that they see at home
I stand alone in my poverty stricken environment
Rebellin all the non-sense
Cause I ain’t got no peace at home
To the oppressed
I must confess
all the distress
be havin me stressed
and I’m impressed
when I continue to keep on holdin strong
They wanna knock me cause i’m viben off the people’s vibe
livin off the people’s pride
to throw the snake up off his throne
Death to the oppressor and his capitalist establishment
they censor me cause I advocate communist advancement
I’m keeping Pac alive
Along with the Panther tribe
Revolutionary warfare China’s culture style

hook two times

Vr 2:
Hot damn
they done labeled me a terrorist
can somebody call up Barrack and tell that fool what terror is
He got the troops slangin black in Afghan
but lockin us up for having crack crumps in our pants
I want his pass revoked
Lock him up in Guantanamo
Can’t they see that this type of government ain’t gone never grow
They be the ones blowin up countries
pullin them kick does
puttin them bullet holes
in anybody opposin they policies
and I’m the bad guy?
Posted with my poli seeds
fist to the sky
shades on my eyes
waiting til freedom rings
pushing for growth til the day that I die
For the people I bare arms
And for the people I’ll ride
cause

hook twice

Vr 3 - melody style-

Freedom and justice for humanity
to all my ghetto children of Third World countries
I recognize the divisions in personalities
we must all fight together
and push for equality
cause there be no other way to go about it
If we want to better ourselves
we must confront him
Me be the lion at the front
from the belly of the beast
with the barrel of me pump
lyin right between him teeth
sangin

I…will ride for the people no matter what comes my way at all
I…will die for the cause settle for nothing less than all we rightfully deserve

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[Legal] [California] [ULK Issue 13]
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No "Class Actions"

The days of finding relief via the “class action” lawsuit are over. The Prison Litigation Reform Act (PLRA) and countless other rulings have essentially castrated the “class action.” The worst part is, under certain protocols, if a class action loses, every person in the “suspect class” is prohibited from filing in the future on similar grounds!

Only a fascist or a moron will file “class actions” because they have been eliminated. The proper methodology is to bury the bastards with litigation from individual litigants. Whatever the issue, rather than “joining forces” officially, we need to coordinate from the periphery. If 20 individuals file relatively similar actions in the same Court, the Court will occasionally attempt to coerce them into becoming a de facto “class.” That can be refused by a litigant who wishes to proceed “as a class of one.” Failure in this case does not affect other individual litigants. The decision might be harmful, but it cannot completely deflate the opportunity to seek “redress of grievances,” as are protected by the First and Fourteenth Amendments.

The only way to fight in a corrupted system is to use those remaining rules that ostensibly still exist and turn them against the persecuting agencies. The only way to win requires seriously thinking outside the box; but doing it with a rationale they’re required to accept. If they try and blow smoke up your ass, take it to the next level. To borrow from Churchill’s address done at Princeton: “Never give in. Never give in. Never give in…” It doesn’t need to be eloquent: it just needs to be.

MIM(Prisons) adds: The PLRA is one way that prisoners are legally stripped of their rights as u.$. citizens. During the first wave of the Prison Movement, class actions were a crucial tool for prisoner activists to fight battles on behalf of all prisoners. The state didn’t like that. We wouldn’t go as far as this comrade to say that class actions are completely obsolete, but they are now extremely complex and should be brought by a lawyer. Since most of our comrades cannot afford lawyers, class action suits are functionally useless to us.

This comrade is correct that despite the difficulties we face today, we must keep finding ways to fight legal battles until they take all such rights away. And there are still ways for us to work together and work strategically. Issue 13 of ULK will focus on how to do this, so comrades should write in with their ideas.

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[Medical Care] [Richard J. Donovan Correctional Facility at Rock Mountain] [California] [ULK Issue 12]
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Prison Health Care System is Inhumane

Health Care is a Straight JacketI was unable to finish reading ULK10 because I was motivated to begin this letter as a contribution to issue 12: Health Care. The front page article “Brutality Leads to Death” by a Texas prisoner describes an almost identical incident that happened here at the R.J. Donovan Correctional Facility (RJDCF, in the Administrative Segregation Unit (ASU).

On September 13, 2009, a prisoner’s death occurred here in ASU Housing Unit 6, Cell 128. This prisoner died of a drug overdose, which is being blamed on one of the PM med nurses who was apparently fired and escorted off the grounds. At the same time, they are investigating another prisoner suspected of selling drugs to the prisoner. It should be noted that this unit has video surveillance security cameras.

The fact is, on August 4, 2009, a federal judicial panel found that the entire California Department of Corrections and Rehabilitation (CDCR) was in violation of the Eighth Amendment rights of prisoners, that the prison health care system was inadequate and constituted cruel and unusual punishment, and that denial of adequate medical care caused at least one unnecessary death per week. In addition to the federal take over of the prison health care system, CDCR was ordered to reduce prison overcrowding by 40,000 prisoners within the next couple of years.

The most recent prisoner death can only be viewed as a criminally negligent homicide, caused not by the nurse or prisoners, but by the inhumane conditions and treatment we are subjected to every day in these disciplinary segregation units. Prisoners are stripped of all personal property and thrown in an empty cell without basic human necessities, are denied prescribed medications on a regular basis, and are ignored by custody and medical staff when they bang on the door and scream “man down” in the case of a medical emergency.

I have been confined in this ASU for nearly a year, because I “refused to double cell” with a non-compatible, sexually violent predator, a known rapist! As a Jailhouse Lawyer, I am currently pursuing two federal civil rights lawsuits for inhumane treatment, denial of due process and sex discrimination under patriarchy.

The relevance of the ongoing legal battles, deaths of prisoners, and prisoner resistance in relation to the larger anti-imperialist struggle is not lost on me. With all the hoopla about Obama’s health care reform proposals in the liberal corporate-controlled media, one can’t help but read between the lines and separate the real from the BS.

Let’s keep it real, this health care reform will not include prisoners. Additionally, right-wing Republican legislators in congress are already raising a ruckus about inclusion of immigrants. Why not talk about the California prison health care crisis in these national debates? Or the billions of dollars being wasted in the imperialist Iraq war? Money used to commit mass murder to protect the rights of U.$. oil companies should instead be used to solve the economic and health care crises caused by capitalist greed and medical neglect in this country, and in the prison industrial complex! Revolution, not reform, is the only way to stop the oppression, mass murder, and health care neglect under U.$. imperialism.

The program of MIM(Prisons) promotes the “elimination of all oppression - the power of groups over other groups” and “independent institutions…to provide…medical care.” Additionally, the MIM Platform states “Abolish the Amerikan prison system…prisoners who do not represent a violent threat to society will be relased.” These are steps in the right direction. And so is the struggle against patriarchy and gender oppression!

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