Missouri Prisons

On 9 January 9 2016, I was the victim of an excessive use of force by Corrections Officer I. Eberhart that resulted in me having a broken toe, bruised elbow and hands, and sore back that lasted for three months. I filed a grievance that has gone unanswered to this day (May 1, 2016). The grievance policy allows us to move to the next stage if the first round of the grievance has gone unanswered within forty days. I have not been allowed to move on although I've requested to do so multiple times. These actions by the administration here at Jefferson City Correctional Center is preventing me from seeking redress in a court of law. Hopefully my grievances for a violation of my due process rights makes them go ahead and answer my previously filed grievance on excessive use of force.

Click the PDF to download a copy of the Missouri petition to allow prisoners in Administrative Segregation to receive cases from the law library. This petition can be used on any security level where the law librarian is arbitrarily denying prisoners access to legal materials. It is meant to be rewritten by prisoners in Missouri and sent to State Representatives and the Missouri Department of Corrections (MDOC) Inspector General.

While we struggle to build public opinion for socialst revolution in the United $tates, we use the courts to fight winnable battles — battles that will help make space for our overall anti-imperialist movement. The denial of legal assistance to prisoners without active cases prevents our comrades from even beginning an active case, or studying law in order to prepare for a case. We know that most cases will not be won in our favor, but maintaining the right to challenge injustices in court try is an important part of our struggle at this stage in the game.

I just filed another lawsuit in the federal courts - Western District of Missouri - with this one being based on cruel and unusual punishment, due process violation, and a first amendment right to receive outside mail. It all stemmed from me being charged with a "threat on staff" and being placed on Special Security Orders, which allows them to take all of your property, strip you down to boxers, t-shirt and socks and force you into the cell to "earn" your property back. I slept on the floor by the door to stay warm as this took place in March 2015. I was given no soap, toothpaste, toothbrush, nor anything to clean the nasty cell with. I slept on the floor for four days before they decided to give me a mattress, pillow and two sheets. No shower for six days, and without the rest of my property for a total of eleven days. This caused the joints in my jaw to pop excessively, sometimes forcing me to forego eating for three to four days.

The due process claim comes in when the Disciplinary Hearing Officer refused to review the video tape of the incident to see that I never made the threat and instead found me guilty of the bogus violation. The First Amendment issue comes in when they continuously denied me my mail while on Special Security Orders.

This happens to at least four people a week or so. Therefore, it's up to someone to bring this illegal practice to the forefront and address it judiciously. That someone just happens to be me. I welcome any help with this litigation.

The paramount purpose for this correspondence is to bring awareness to the barbaric, dehumanizing, unacceptable living conditions for us (the offenders) who currently reside in the Restrictive Housing Unit/Administrative Segregation (RHU/Ad-Seg) units of #1 and #2 house here at Southeastern Correctional Center (SECC). These inhumane conditions are inconsistent with the evolving standards of a decent society. We are being abused and oppressed at the hands of the administration. Therefore, I'm hoping that hearing our cry for help may spark a fuse in your spirit and compel you all to help us fight against injustice. These particular injustices are inflicted upon us intentionally and being used as a form of psychological torture for the purpose of tormenting and dehumanizing the prisoners here at SECC.

The staff here at SECC, namely: Warden Ian Wallace, Asst. Warden Paula Phillips-Reed, Asst. Warden Bill Stange, Major Terry White, and HU#2/FUM Bruce Hanebrink, have conjured up a host of sanitation and human rights violations under the umbrella of a recently created "limited property" policy implemented in the Administrative Segregation housing units #1 and #2. These violations are as follows:

1. Equal protection violation (14th Amendment of the U.S. Const.): SECC Administration limited Phase 1 & 2 prisoners in RHU/Ad-Seg to 5 stamps, 5 envelopes, 1 pad of writing paper, and 1 small security ink pen per month. To have the aforementioned supplies is a right and cannot be treated as a privilege in the punishment and reward system to be given or taken away at the staff's discretion based off of behavior and/or placement. Prisoners in Ad-Seg units should be allowed to purchase the same amount of stamps as general population prisoners are allowed to purchase. Having writing material does not pose a potential security threat. It does however, hinder prisoners' access to courts, the House of Congress, our lawyers, prisoner advocate groups and our families if we are deprived, thereof. We have a right to use the mail for corresponding purposes without limitation.

2. Sanitation violation (8th Amendment of the U.S. Const.): The SECC Administration subjected us to cruel and unusual punishment when they sent CERT officers into the housing units of #1 and #2 in August 2015 to confiscate from all prisoners therein all state issued personal pants, t-shirts, boxers, socks, towels and face cloths. Prisoners are no longer allowed to have towels and face towels in their assigned cells. We are given 1 pair of boxers, 1 t-shirt, and 1 pair of socks to be changed out every three days. For prisoners to be forced to wear the same dirty boxers for 3 days straight is such an unsanitary condition that I developed a "jock itch and rashes" around my groin area. When we do finally change boxers they are in exchange for more over-used boxers shared by hundreds of other prisoners. Some of these prisoners have various diseases (i.e. Aids, HIV, Hepatitis, TB, Staph, Shingles, etc.)

Furthermore, we are not allowed to have face cloths in our cells, preventing us from being able to at least wash up in our sinks to get the dirt and stink off of us until shower day. We are only given a wash cloth on shower day, once we enter the shower stall. These items must be given back before returning to our cells. To add fuel to the fire, the same exact towels and face cloths that we are being forced to use on our body, staff are using them for multi-purpose towels (i.e. staff use them to clean the shower walls and doors with; staff use them to wipe the wing food carts with, staff use them to wipe the wing desk down that they sit at while in the wing, staff use them on clean up night — forcing us to wash our walls, sink, and cell floors with, and staff use them to clean up smelly, rust water that comes from the pipes whenever a cell sprinkler busts.) What reasonable minded person uses their dish towels to shower with? This is definitely a serious problem that poses a potential health risk. To sum it all up, we have been reduced to the dark ages. Forced to live like Vikings and cavemen when uncleanliness was an acceptable way of life.

3. Human rights violations: unsanitary conditions: The administration officials decided that Ad-Seg prisoners are not allowed to purchase soap from inmate canteen. Instead, we are issued 1 small bar of state made soap (approx 3 inches in length, 1/2 inch thick) per week. With that 1 bar of soap we have to take a shower twice a week and wash our hands throughout the days. Most of the time, by the 2nd shower day, there is not enough soap left to shower with. Some prisoners, myself included, complain that they limit how many times they wash their hands after using the toilet so that they may have enough soap to shower with by the next shower day.

Furthermore, prisoners in Ad-Seg are not being permitted to purchase toilet paper to adequately wipe with after defecation. We are given only 1 roll of tissue and being forced to make it last a week. Sometimes we have to blow our noses with the tissue due to poor ventilation or various illnesses thereby lessening the tissue supply. Most of the time we run out of tissue and staff refuse to give us any. We use our socks to wipe with and wash them out afterwards. This is grossly unsanitary and also poses a potential health risk.

4. Human rights violation: Ad-Seg prisoners are not allowed to have any pants in our cells. Prisoners are forced to walk around in their cells with only boxers and t-shirts on with cellmates who often times are convicted sex offenders, homosexuals and prison booty bandits (prisoners who rape other prisoners) which opens the door for a Prison Rape Elimination Act claim. It's as if the administration are promoting homosexuality or setting the stage for one of us to possibly get raped. Prisoners are also being forced to attend our Ad-Seg hearings as well as sick call appointments without pants. Prisoners are also being forced to walk across the yard in only our boxers and t-shirts amongst other offenders, sometimes in the cold or rainy weather, while being escorted between #1 and #2 house which is approx 150 feet apart. Not only is this inhumane, these boxers have a loose opening in the front of them and if a prisoner's penis just happens to flop out through the opening then we are subject to sexual misconduct violations.

Furthermore, sometimes the Ad-Seg laundry doesn't get cleaned on time in which case prisoners are forced to choose between going to rec in the outside cages in only boxers and t-shirts in 30 degree weather or simply to refuse our rec.

5. Sleep Deprivation: The administrative staff has approved staff in housing units #1 and #2 to conduct a number of activities during 1st shift (midnight) which include:

1. Passing out our mail after the 12 a.m. count when lights are out.
2. Passing out HSRs (Health Service Request forms)
3. Passing out cell cleaning supplies at 3 a.m. to clean our cells with.
4. Picking up sheets and blankets to be washed, which is also picked up and given back around 2 a.m. and 3 a.m.

There's no movement count between 10:30 p.m. count and the 6:30 a.m. count because prisoners must be allowed to have at least 7 or 8 hours of undisturbed sleep. The reason for this critical consideration is because physiological and psychological degradation caused by the lack of sleep or insufficient amount of sleep. Disturbing our sleep throughout the night creates an even more stressful environment.

Suggested Remedies to Violations

1. Allow prisoners in Ad-Seg to purchase the same amount of stamps and envelopes as general population are allowed to purchase. These items are not a privilege but a right.

2. Allow prisoners in Ad-Seg to have our own state issued personal towels, face cloths, and boxers back in our cells so that we can at least wash up in our cells until shower day. Good hygiene habits are to be practiced everyday, not every 3 days.

3. Allow prisoners in Ad-Seg to purchase at least 4 or 6 bars of soap per month. General population prisoners are allowed to purchase 2 per week, totaling 8 per month. Also, allow prisoners in Ad-Seg to purchase at least 4 or 6 rolls of toilet tissue per month. General population prisoners are allowed to purchase 2 per week, totaling 8 per month. (Soap or tissue should not be treated as a "privilege" either).

4. Prisoners in Ad-Seg should be allowed to have at least 1 pair of their state issued personal pants or 1 pair of orange Ad-Seg pants to keep and wear in our cells, to be changed out once-per-week. We have a right to adequate clothing supported by the 14th and 8th amendment clause of the U.S. Constitutional.

5. For prisoners in Ad-Seg mail should be passed out on the 3rd shift (like it used to be) so we can read it and respond back if desired to do so. It's unreasonable for staff to pass out our mail after lights are cut out. Cell cleaning should be done on the 2nd or 3rd shift using the proper supplies instead of the towels we are currently forced to shower with, and laundry should be picked up after breakfast and given back before the 10:30 p.m. count. HSRs should be passed out by the nurses on the 2nd or 3rd shift since they only pick them up on the day shift.

MIM(Prisons) responds: This comrade is initiating a campaign around a very reasonable set of demands. The lack of writing materials and unsanitary conditions are all too common in Amerikan prisons and these conditions expose the reality of prisons as a tool of social control and in particular the use of long-term isolation (Ad-Seg) for this purpose. Denial of the materials necessary to maintain contact with people on the outside, and creation of conditions that will cause mental (denial of sleep) and physical (unsanitary conditions) health problems are clearly counter to any possible rehabilitative goals of prisons. Instead, these conditions serve to reduce the likelihood of successful reintegration into society by prisoners released from Ad-Seg. It is because of this that we can say prison control units are clearly tools of social control. This sort of long-term torture must be struggled against. In the short term this comrade's demands are a good basis to organize around. But we cannot lose sight of the need to shut down control units altogether. We must demand an end to long-term solitary confinement for any and all prisoners. Of course, in the longer run our fight is for an end to the criminal injustice system entirely, and we should frame these battles against the torture of solitary confinement around this broader struggle so that we are clear about the fact that the injustice system cannot be reformed into justice.

South Central Correctional Center is now trying to implement a phase up program similar to those discussed in Aug/July issue of ULK "Get down or lay down." If one is not with the movements of coming together to get these pigs in line to better our circumstances, then get them the fuck off the yard. There's power in numbers, force in power and eradication and rectification in force. Although the system is the root of the problem, our peers are what's worsening our conditions. A prison is what its captives allow it to be. If there is no border line drawn then the opposition will continue to get away with murder (literally). We have to stop reaping the consequences of each other's choices and start benefitting from our decisions. By any means necessary! And this is necessary by every means.

In Missouri, our complaints are easily silenced; the caseworker simply throws the grievance form in the trash. A prisoner has no way to prove the form was ever even submitted. This tactic is especially prevalent in segregation units.

I wonder what state has the best grievance system. I certainly hope it isn't Missouri, because ours is too easily sabotaged. I do not have any experience with other states' procedures, but I did see a grievance form for Arizona's procedure belonging to a prisoner in Missouri on interstate compact. It looked better than Missouri's, mainly because the prisoner keeps a copy.

Will comparing states grievance procedures in a court case be effective in bringing about change? I am willing to entertain the possibility, but how will we know what state has the best procedure? The Prisoners' Legal Clinic will need to form a team of comrades from the various states to discuss the differences and their experiences.

MIM(Prisons) Legal Coordinator adds: We don't rely on the Amerikkkan court system for our ultimate liberation, but while we're stuck here in the belly of the beast we try to use the courts to our advantage in our revolutionary organizing. A long-term project of United Struggle from Within and the Prisoners' Legal Clinic (PLC) is the campaign to ensure our grievances are addressed. Our subscribers have been submitting petitions to prison administrators, prisoner advocacy groups, and the Federal government in several states, some for years. These petitions notify the prisoncrats of all the corrupt ways grievances are being mishandled and misused on the ground.

In some states, we've had success with our grievance petitions. Other states have come down with more creativity with their repression. In those states that don't respond to the petitions, a lawsuit will likely be necessary to push this struggle further.

This author discusses the tactic of comparing grievance procedures to see which states have more reliable remedies for administrative relief, and using this information in a lawsuit to push your own state to adopt these tactics.

It is vital to keep a copy of the grievance in any case and in any system. If the system does not allow the you to keep a receipt or copy of the grievance, then it is much more difficult to track a grievance and prove that it was submitted. This of course makes it much easier for the grievance to end up in the trash.

As we're looking forward to the development of the campaign to have our grievances addressed in several states, we can start discussing legal tactics to use in a lawsuit. Besides ensuring that a prisoner is able to keep proof that a grievance was submitted, what other procedural reforms would improve the grievance process?

Of course procedural safeguards won't always prevent the grievance from being "lost," or keep it from being used as an excuse to harrass the persyn filing the complaint. But the more protections we can build into the grievance processes, the better we can protect ourselves from abuses — abuses of the grievance process, and in prison generally.

In 2010, the Black Order Revolutionary Organization (BORO), with the assistance of MIM(Prisons), initiated a campaign to fight censorship. BORO last provided an update on this campaign in ULK 17. Since that time there has been censorship of some issues of ULK and IRRs (appeals) and grievances were filed. Issue 28 was censored in October 2012 and we fought it. On 19 December 2012, we won the grievance and were issued the ULK on the same day.

Prison activism can be very discouraging at times, but we must hold firm to our commitment to struggle. Whenever an issue of ULK, or any other material, is censored, our advice is to not sign the censorship notification and covenant not to sue forms. Although signing these forms will allow you to send the material to whomever you want, you effectively give up your right to grieve the issue or file a legal complaint in the courts.

Another new development is that the mailrooms now have to notify publishers when they censor any of their mail sent to prisoners. This is a strategic win for us and should be further encouragement for those of you who complain "we can't beat these people".

MIM(Prisons) adds: To the comrade who wrote in asking for more news on Missouri in ULK 27, this is a good example of how to make news by carrying out work over the long term and reporting on it. We got another response to that letter from a comrade in Missouri who reported being on a solo hunger strike going on fifteen days on 1 January 2013. S/he wrote, "I'm hoping some other prisoners in Missouri will read this article and start to ride on some shit. The way they run prisons in Missouri is screwed up and it's time to stick together and change some stuff." We warn our readers that hunger strikes without support and planning can be dangerous and reckless. But make no mistake, not all prisoners in Missouri will accept abuse.

It seems I have become a target of the oppressors and their trained pigs. On Tuesday, October 2, 2012 the SouthEast Corruption Center, located in Charleston Missouri, conducted a mass lock-up where 72 people (including myself) were locked up for nothing at all. Prior to this, the SouthEast Corruption Center was already on lockdown due to pigs being assaulted. Sadly, there was also a prisoner-on-prisoner assault. All this took place in a two week time frame.

So on the above date, while still on lockdown, around 1pm E-squad went throughout the KKKamp with a list of 72 people's names. These pigs came to my assigned cell, told me to pack my property, then stripped me out, placed me in handcuffs and escorted me to the hole. When I arrived in the segregation unit, I was placed on a bench with another brother who was part of this massive lockup. I was then informed by a pig that they were clearing out the bedspace wing that they have here due to overcrowding and making room for us.

After they cleared out the bedspace wing, me and the other brother on the bench were taken to housing unit two D, the bedspace wing now converted to an Administrative Segregation (Ad-Seg) wing. And this is when I realized the seriousness of the situation. They locked up 72 people from all walks of life; I do not say this to create barriers or separation. We are all oppressed and victims of this system. So we all have a common enemy.

But out of the 72 people locked up, there were 10 caucasians, one Arab and 61 New Afrikans. The 72 was a variety of Crips, Bloods, GDs, Five Percenters, homosexuals, Moslems, Christians, white pride gangs and revolutionaries. Again, I do not say this to show separation, only to point out those targeted on this massive lock up. We were told we were the shot callers on the yard and had the power and influence. I can assure you I am not a shot caller and have no power and influence on the yard, because if I did, there would never be a prisoner-on-prisoner assault, that's a promise.

We were placed on Ad-Seg, locked down and treated as if we were on disciplinary action. We were denied showers for almost a week, denied recreation for two weeks, denied phone calls for a month and denied medical sick call. When a nurse came in the wing to give people their daily medication, she told us that they were told not to do sick call for that wing.

When our TASC property was brought to us, nobody had paper, envelopes or stamps which was previously in our property. They deliberately made sure we could not reach out to anyone outside. But brothers from the other wings helped out a whole lot and for that, I am forever grateful.

Not one brother out the 72 had broken any rules, or had any violations. So they did not have probable cause to lock us up. Our temporary Ad-Seg confinement form stated: confinement is ordered on the basis of the following criteria: "There is an immediate security risk involved. For the security and good order of the institution." Statement of facts in support of TASC/comments: "inmate represents a threat to institutional safety and security." And then it states why they are a threat. Which were are all things people did in the past, from years ago. This included things like drugs, assaults on pigs, assaults on prisoners, and gang activity.

We saw the Ad-Seg committee on October 9th, 2012 and everybody was given a 30 day review; even though nobody had any violations and they had no rights to lock us up. Half were scheduled to see them on November the 6th and the other half on November the 8th. On Nov 6, 36 people went up to see them, 8 were let go and everyone else received anywhere from a 30 to 90 day review.

But on Nov 7 the Southeast Corruption Center did another mass movement where 50 people were transferred, and it was not even a transfer day. Transfers are done on Tuesdays and Thursdays, this was a Wednesday. Out of the 72 brothers locked up for being a threat to the safety and security of the institution, only 10 were transferred. You would think, if 72 shot callers in one prison (with all the power and influence on the yard) were that much of a threat to the institution, the institution would break them up and spread them out by sending them to different prisons, but this was not the case.

The other 36 brothers (including myself) went up and saw them on Nov 8 and 9 more brothers were released back to the yard. The rest received anywhere from 30 to 90 days review. I myself received 90 days.

They thoroughly inventoried our property. They inventoried it so thoroughly we did not get a copy of the inventory form for 2-3 weeks. Then we were informed that they had confiscated some of our belongings. I myself was missing all my revolutionary material (literature, artwork, books), hot pot, extension cord for my TV, and a lot of my pictures.

This is not their first time attacking me for my political beliefs, and I'm 100% sure it is not their last time. But they cannot break what was not built to be broken.

All the other 72 brothers were placed under Security Threat Group (STG) for their past history in prison. The TASC form says they pose a threat to the institution, gang group activities, drugs, assaults on pigs or assaults on inmates. All mine says is "Inmate represents a threat to institutional safety and security due to creating disturbance." I am the only one down here for representing a threat to the institution due to creating a disturbance. I have not broken any rules, I have not caught any violations and they cannot produce any evidence to show that I need to be in the hole because I'm a threat to the safety and security of the institution.

We've had our family call here and they get the run around and lies. They were told that we were involved in an incident, and even said we all requested PC on the same day.

We have filed Informal Resolution Request Forms (IRA) and some have come up missing, including my celly's and mine. So we have asked for another which we are in the process of filing.

MIM(Prisons) adds: This common story of targeting politically active prisoners for repression is a demonstration of what the injustice system really sees as a threat. Prisoner's with an ability to organize and educate others are the foundation of a successful unity among the lumpen behind bars. These comrades will be the backbone building the United Front for Peace in Prisons.

Today is September 9th, 2012. My comrade (my celly) and I are participating in the mass stoppage of work and fast for our comrades who fell in Attica. Although we are in Ad-Seg we have chosen to sacrifice. No food, no petty stuff, no arguing out the door, only working out four times for 1 hour each time, reading, studying and talking politics. For me fasting is something I do once a month, but today is the first time I've worked out during my fast. My comrade is pushing me and I'm not stopping. From midnight to midnight is how we're moving.

I'm writing this to not only inform you of this movement, but how things are going in these human warehouses here in Missouri. It's still hard to find unity here. No one wants to miss a meal or two to make a stand, but they'll continue to talk about how bad things are. It's not strange.

I want to raise an issue concerning your paper. My comrade who is Black just had your July/August issue of ULK censored. The reason for this censorship was the article about the mass work stoppage on September 9th. I am Caucasian and fully dedicated to the struggle. I have received your July/August issue of ULK. This discrimination towards my comrade is not strange.

My comrade has filed his grievance on this censorship. This state doesn't even want us to learn and that is just one thing wrong with this state. They would rather close down schools and build new prisons.

I just got done reading Retaliation for Hunger Strikes and New Protest Ideas in ULK 26. My prayers go out to the comrades in the California prisons and every other state's human warehouses who have to suffer from retaliation when we exercise our rights. Although Missouri isn't gang affiliated as bad as most states. We still suffer from racist DOC workers who enjoy making our time hard.

I want to touch on what the CA writer said about prisoners running scared. Man this is common here as well. It's hard to get unity in a place that only wants to divide and conquer. Why would these professional kidnappers want us to unite? They know when we turn against each other, some will eventually turn against themselves. When this happens we as a whole crumble like cookies in a closed fist.

I like to use this metaphor a lot when I am talking through my cell door to other comrades. Picture this, in one hand you have some sugar, in the other hand you have feces (shit). Now there comes a time in everyone's life to choose what they want so they can push forward in life. You have to pick which hand you want to live with, because sugar and feces do not mix!

Every state human warehouse has it's own ways of suppressing us. We as a whole should never look at another comrade across this racist country as if we're better off where we're at, with comments like, "at least we don't have to go through what their going through." No, you're wrong for saying this or even thinking this way. Each of us are comrades (soldiers) in this struggle and when one comrade hurts we should all feel it. When one comrade falls down after so many battles with these racist pigs, then we all should help him up and protect his mind, because let's remember they may have our bodies, but they will never get our minds unless we give it to them.

So let's choose the hand with sugar in it. Stop the cookies from crumbling and unite as a whole. Then enjoy the sweetness of overcoming our oppressors. Keep fighting CA comrades and know you're supported even though I'm in Missouri. Do what you have to do to let them know. But stay healthy in the process. A soldier, a comrade always stays in training, both mentally and physically. Stay up and always stay real!

MIM(Prisons) adds: This comrade demonstrates in practice how to uphold the Unity principal of the United Front for Peace in Prisons. "WE strive to unite with those facing the same struggles as us for our common interests. To maintain unity we have to keep an open line of networking and communication, and ensure we address any situation with true facts. This is needed because of how the pigs utilize tactics such as rumors, snitches and fake communications to divide and keep division among the oppressed. The pigs see the end of their control within our unity."