2017 DECEMBER – My beloved comrades at ULK, please take whatever
steps necessary to convey this information to your readers, particularly
those on the Texas plantations. It is my hope this will move a few to
join in this all-out attack against mass incarceration, which those
brothers on the Eastham Plantation are being persecuted for.
First, we have launched an attack on the totality of the living
conditions on this plantation: double-celling, sleep deprivation,
extreme heat, contaminated water, no toilets in the day rooms and rec
yard, overcrowded showers. At present we have 5 lawsuits filed and
hoping to have 5 more by the first of the year. They are listed at the
end of this missive for those who might want to obtain copies and/or
file for intervention. I would urge each plantation to file because each
plantation has different violations, which in their totality are cruel
and unusual.
Next, we have launched an at attack on the
symbiotic-parasitic-relationship between Texas Department of Criminal
Justice (TDCJ) and the American Correctional Association (ACA). Last
year we sent numerous letters to the ACA headquarters in Virginia with
various complaints including the delayed posting of scheduled audits.
Apparently someone was moved to do the right thing. Then notices for the
January 2018 audit were posted here in October. As a result, we of the
Community Improvement Committee (CIC) here on the unit have sent
petitions with hundreds of names with numerous complaints of ACA
violations and requests for a Q&A in the gym or chapel. This is
being done with individual letters as well. Plus, we have sent the
actual notice to various reform organizations requesting them to visit
the unit during the audit and act as overseers pointing out particular
areas of violations such as the giant cockroach infestation beneath the
kitchen.
Next we have and intend to continue to urge the public to stay on top of
their legislators to change the law, making it mandatory that prisoners
be compensated for their labor.
Finally, we have filed an application for Writ of Habeas Corpus
requesting to be released immediately due to the fact that the time
sheet shows one has completed 100% of his sentence – that even without
the good time, the flat time and the work time equals the sentence
imposed by the court. In addition we are drafting something similar for
those sentenced under the one-third law. We are submitting to the court
that these prisoners have a short-way discharge date. The application
for Writ of Habeas Corpus was first filed in the state court in Travis
County and denied without a written order in the Texas court of criminal
Appeals (#WR-87,529-01 Tr.Ct. No. D-1-DC-02-301765A). We are now in the
U.S. District Court in the Eastern District Tyler Division (McGee v
Director, #6:17cv643). This info is supplied so that those with the
means may download the info and/or keep track of the case. The following
are the case numbers for the totality of living conditions complaint,
which is also in the U.S. District in Tyler:
Walker v. Davis, et al., #6:17cv166
Henderson v. Davis,
#6:17cv320
Douglas v. Davis, #6:17cv347
Burley v. Davis,
#6:17cv490
The Devil whispers: “You can’t withstand the storm”
The Warrior
replied: “I am the storm.” - The Mateuszm
MIM(Prisons) responds: These comrades are pushing the struggles
to improve conditions inside Texas prisons along its natural course.
Countless prisoners have sent grievances, grievance petitions, letters
to the Ombudsman, letters to elected officials, and letters to various
TDCJ administrators on these same issues. We have seen some victories,
but mostly we’ve had barriers put in our way.
The next step laid out for us is to file lawsuits, which is another kind
of barrier. Lawsuits take years and sometimes decades to complete, and
innumerable hours of work. When we do win, we then have to go through
additional lawsuits to ensure enforcement. And on and on it goes…
If we expect the lawsuits to bring final remedy, we must be living in a
fantasy. A quintessential example of how the U.$. government behaves
regarding lawsuits can be seen in how it totally disrespects treaties
with First Nations. When the U.$. government, or its agencies, doesn’t
like something, they don’t really give a shit what the law says. This
has been true since the beginning of this government. We don’t see any
evidence that this will ever change.
Yet, lawsuits aren’t all bad. They can sometimes create a little more
breathing room within which revolutionaries can operate. Lawsuits can
also be used to publicize our struggles, and to show just how callous
the state is, if we lose.
Yet, most importantly, lawsuits keep comrades busy. Before any lawsuit,
there needs to be a solid analysis of winability, and the likelihood of
other options. While we are relatively weak as a movement, lawsuits are
a fine option, and building a movement around these lawsuits will give
them strength. But if your legal strategy doesn’t also include building
up collective power to eventually protect people without petitioning the
state to do it, then your legal strategy is as useless as a feather in a
tornado.
The comrades fighting these battles inside Texas have done a great job
of spreading the word to outside organizations to garner support and
attention for their lawsuits. We support their efforts to make Texas
prisons more bearable for the imprisoned lumpen population, and we
support their efforts to link these lawsuits to the greater
anti-imperialist movement. And when they decide that lawsuits aren’t
enough to bring a real change in conditions, we’ll support that too.
The U.$. legal system’s role is to keep the United $tates government as
a dominant world power, no matter what. The extreme heat in Texas
prisons isn’t just an oversight by administrators. And it’s not even
just about racism of guards. It is directly connected to the United
$tate’s role in the oppression and repression of oppressed nations
across the world. If the legal system fails, don’t give up. Try
something else to bring it down. Lawsuits are not the only option.