Texas Prisons

When I first got to the Michael Unit about 8 months ago I was placed on safe keeping for my protection, but I’m still considered General Population (G.P.) because we still get all the regular privileges of G.P. prisoners - we are just housed separately.

Anyways I get here and there are no showers, no rec, no day room, no TV, and no phones on this section. We had to sit down multiple times in large groups in order to get administration to force the C.O.s to just give us showers. Oh and mind you that they are housing medium and high security prisoners on the same section as P4 and P5 prisoners. We are not supposed to be housed amongst each other at all.

Well, the staff aren’t doing anything about getting what we are supposed to have. After about 60 days I started initiating I.C.S.s, or “use of force”, causing ranking C.O.s to come down and force regular C.O.s to do their job. We kept getting Johnies for food with basically nothing in them. Then they started to feed half of us and the rest we had to force them to feed us.

So because I orchestrated all this sitting down and standing up for all our right (yes, I initiated this behavior to buck the C.O.s), I was assaulted. We set fires, flooded, and basically forced the wardens to fix our problem, but it only lasted so long before we would have to do it again.

We finally got them to start leaving all the doors open 24/7 so we could run our own showers and day room rec and forced them to put in phones. Then they brought the tablets T.D.C.S. system wide. So I believe that the administration on this unit has orchestrated the assault on me that occurred on January 31, 2023.

So let me explain exactly what happened leading up to this assault seven days prior.

A prisoner set a fire in his cell and attempted to kill himself through smoke inhalation. I got the picketts attention after the prisoner passed out. I ran in and dragged him out of the cell and put out the fire. About six days later they moved me into the cell the prisoner tried to kill himself in. So the next day they moved some prisoner into the cell with me. I only weigh 110lbs. This offender weighs 190lbs, 30lbs over the 50lbs weight difference limit per housing policy. That’s two violations already. Next I was talking to my family via tablet two days later. Then, bam, I get blind-sided and the prisoner assaults me. I wind up with 5 stitches above my right eyebrow, 3 staples in a gash on my head, and 2 in another gash on my head. They rushed me to the hospital.

When I got back, a Lieutenant asked me to write a witness statement for an Offender Protection Investigation (O.P.I.). My statement was: “My life is not in danger. I do not want to file an O.P.I.” They filed it on my behalf anyway and placed me in another building with no light and brought my property the next day. The next day, they moved me back to the same cell with a new cellie, another major violation because I was still under O.P.I. status, supposed to be in a Restrictive Housing Area by myself until I saw the Unit Classification Committee. On 8 February 2023, I was moved again. I had basically nothing of what was in my cell and they did not even inventory any of it. I lost stuff that meant a lot to me that is irreplaceable because of sentimental value. They also “lost” my state ID somehow.

So I am filing a §1983 Civil Claims Suit again TDCJ Michael Unit Administration as a whole because I believe this was all set up… for me to get hurt because the U.C.C. major said, “We have to ship you to cover our ass because we fucked up.”

I filed my step 1 on and got it back. Today I’m filing my step 2.

This is my first civil suit. I am asking for any material to help me in winning this suit. As of right now prisoners are helping me with what they can and said that I need to get a copy of the Jailhouse Lawyers Handbook but I don’t have the resources nor funds to purchase one. I am not the first offender this has happened to on this unit but I do want to be the last. I am going to do everything in my power to ensure it does not happen again.

I have been fighting for prisoner rights for seven years now and they finally broke the last straw with me. I’m going to war with this pen. To the courts.

Here on 12 Building we are still setting fire and flooding everyday. Please help us.

MIM(Prisons) responds: Much respect comrade for what you are doing on behalf of Texas prisoners in the face of state violence and repression. Much respect to the comrade for taking care of fellow prisoner and saving eir life as well. We have placed an order for you for the Jailhouse Lawyer’s Handbook. We do not offer legal assistance ourselves, but encourage you to continue to report on your organizing efforts here in Under Lock & Key.

This letter is to inform you of the denial of publication of your Under Lock & Key here at Hughes Unit. I am sending you my copy of the denial from 8 November 2022. There was one other denial but I do not have the denial form available, as this document was thrown out during our recent shakedown on 1 January 2023. The denial forms and other colored documents were taken without confiscation papers as the shakedown team ran through our pod. We have had so many deaths on our unit within the last year and more than ever just in 2023. The deaths are caused and created by the laws bringing in K2 laced with fentanyl for sale to the prisoners.

This dope is stopping hearts on the first drag of smoke, others are choking on their own spit. This drug is so addictive that cellies are fighting for the last stick of K2. One fight on 8 Building led to one cellmate beating his cellie to death for dope. WTF!!

All these deaths have warranted the top ranking TDCJ representatives to show up all at once. We had Huntsville, Texas laws 50 deep walking in locking this unit down, along with all regional representatives, warden and majors from other units, and top dogs like Brian Collier and other Officials of the State of Texas.

Why are we being punished for what the laws are bringing in? Shouldn’t they be shaking the laws down, instead of us?

So anyways, I really appreciate all the newsletters and information you have sent but I believe we are at a standstill until I begin receiving articles from you again.

22 March 2023 a comrade at Stiles Unit reports similar conditions: The regional people have been here constantly for about 2 months now trying to change the protocol here, they’ve even brought their own guards from other units. But these guards say that they do not like it here cause there is no structure, and no protocols in place for a change here. A lot of them say they want to be on the first bus out of here.

They have been meetings about all the suicides that they have been having here, the hangings, drug abuse, etc. Well that in itself starts with the corrupt guards that they’re hiring here cause they feel like they are not making enough money, so extra money sounds good to them.

14 February 2023 a comrade in Bridgeport Correctional Center: I was placed here due to the Heat Lawsuit as I am under the Heat Restriction. I have noticed that 70% of the people here are under 35 years of age, and have no medical issues that would qualify for any of the Medical Restriction that TDCJ uses to be placed on Heat Restriction. I would say that most are here for protection cuz they would not make it on an ID unit. But we have people in TDCJ with health conditions, like myself, that need to be here.

We have a blatant problem with K2 and most if not all have been caught with the K2 but nothing seems to happen to them. Either these people don’t want TDCJ to know or they just don’t care.

MIM(Prisons) adds: Last year we released our Revolutionary 12 Step Program written by a USW comrade. Since then we’ve been distributing many copies every month to prisoners across the country. We’ve also been working to train those interested in running their own programs where they are. We encourage comrades in Texas to get a copy of the pamphlet and begin looking for ways to implement a program where they are to combat this plague of deaths.

It is truer than ever that fighting drug abuse in prisons is an integral part of fighting the abuse and oppression of the U.$. prison system.

For years we have offered the Texas Department of Criminal Justice’s (TDCJ’s) Offender Grievance Operations Manual (OGOM) for sale to Texas prisoners. As we’ve reported previously, the manual has been removed from all Texas law libraries. The OGOM is a crucial reference for prisoners to understand and utilize the grievance process to address staff abuse and misconduct. Yet the TDCJ has deemed it illegal for us to mail it to fellow prisoners at their own cost.

Of the many copies we’ve sent to Texas prisoners in the last two years only one was confirmed received. A third were confirmed to have been censored by the TDCJ. The rest are of unknown fate because almost everyone we sent the OGOM to never wrote to us again.

Since we have been told by the TDCJ countless times that they will not allow us to mail their own manual to prisoners (and since this has not proven an effective organizing tool – almost everyone we send it to never contacts us again) we are not going to mail this publication again until someone can successfully challenge the decision by the TDCJ.

We did have one comrade who requested the OGOM on the premise that they will file a lawsuit once it is censored. The OGOM we sent was censored in November, appealed, and denied by the Director’s Review Committee on 6 February 2023 with the justification of “in contradiction with BP-03.91”. The comrade should be prepared to go to court now that the appeals process has been exhausted per the Prison Litigation Reform Act (PLRA). We will report any updates on this battle in ULK.

UPDATE: As we go to press in April 2023, the last OGOM we mailed out was received by the prisoner who ordered it. We are glad to hear it. But for now we are sticking with our decision above.

In response to the Texas Update article and the conditions some are facing at Clements Unit I wanted to update you on the Bridgeport Correctional Center. I was placed here due to the Heat Lawsuit as I am under the Heat Restriction. Since I have been here I have come to learn that TDCJ has been using this facility for 30 years. I have noticed that 70% of the people here are under 35 years of age, and have no medical issues that would qualify for any of the Medical Restriction that TDCJ uses to be placed on Heat Restriction. I would say that most are here for protection cuz they would not make it on an ID unit. But we have people in TDCJ with health conditions, like myself, that need to be here.

We have a blatant problem with K2 and most if not all have been caught with the K2 but nothing seems to happen to them. Either these people don’t want TDCJ to know or they just don’t care.

What I consider to be the most important topic since my last report is death. There have been 6 deaths that I’ve seen in the last 60 days here at the Bill Clements Unit. Keep in mind, I never leave my cell so for me to see them means it took place within the 40 or so cells I can see. There were a couple more we didn’t get confirmation on whether they died or not, but I find it strange that no check of vitals or attempt at resuscitation were made.

Of the suicides/dead bodies I’ve seen “carted off” so to speak two in particular bother me. One, because I spoke to this person every day and watched as they took all his property and left him in an empty cell and actually laughed at requests for crisis or suicide prevention. He was taken out of cell with dried blood across the waist line and burnt to a crisp from the fire inside his cell. They interviewed me as part of investigation, and I tried to explain the conditions. It doesn’t give me the warm fuzzy feeling that they will improve. I’d hate to think he died for nothing. He was a good man, a father, and my friend. Now he’s dead. Would he be alive if he were not locked in isolation in Ad-Seg? Yes. Period.

The second one that bothers me is the guy behind me and over one cell who tried to cut his hand off they say. When he was cut and howled for help, they went thru a lengthy process of running a team spraying 5 cans of gas in increments and running in and whopping his ass until he bled out. I didn’t time it, but 18 minutes is what word is on the pod.

A third they say cut his own head off. I don’t know what to say about that other than they took the body out.

In addition to the suicides there are an alarming number of us cutting and self-mutilating and hurting ourselves. Some do it to purge. Some do it to get out of cell as it’s their only option to exit the cell alive, and some don’t know why.

We are/were husbands, sons, brothers, fathers, etc. who committed a crime and were sent to prison. Neglect, abuse, and further were not part of the sentence yet that is where we are. We’re fucked up back here! That’s what I’m trying to tell you. We need exposure and HELP!

The very instant you take me out of this cell and I breathe the air in the hallway or at medical, normal feelings and behavior returns. But on the wing in the cell is pain and suffering.

Note we have not had our hour out of cell or time in outside rec yards not once this year and only once in last 120 days did some of us get rec.

Food is still in my mind one of the most important issues. While over 50% of our meals are Jonny Sacks, consisting of one peanut butter and jelly accompanied by a 2" x 2" piece of food loaf. The occasions when we do get trays of cold food I still measure it and it only fills a coffee cup partly. The measuring spoons they use apparently aren’t slotted spoons so we get spoon fulls of water. Today I measured with my tablespoon: 3 tablespoons of main course gravy and what looked like cat food, 2 tablespoons of black eyed peas, 2 tablespoons of green beans and a small piece of cornbread. That’s it! Filled my coffee cup half way and didn’t begin to fill my tummy. Other than holiday trays we haven’t seen a dessert on a tray in over 8 months. This is not the diet they request funding for, nor the diet they report to our people that they clam to be feeding us yet it is what we get.

MIM(Prisons) adds: In a recent book on the history of Texas prisons, Robert T. Chase reports in the 1940s that the:

“…near ubiquity of self mutilation had”spread" across the prison system. “Many men had cut off their fingers, mutilated their feet and cut the tendons of their legs in hopes of getting shipped from this institution” [Darrington]… The prisoners claimed that they could not “stand the beatings of the guards and took this way out to keep from being killed in the fields by the guards.”"

As described this was largely in response to the brutality prisoners faced when working in the fields at that time, a practice that is no longer the norm. Today the most brutal conditions prisoners face are usually in solitary confinement. The torture has shifted from primarily physical to primarily psychological. Yet this response of self-mutilation as a way to escape continues.

Solitary confinement is a form of torture used for political repression and social control. This comrade’s report highlights the inhumanity that it brings. The deaths from suicide and beatings is only secondary to the deaths from K2 and fentanyl. We have continued to work to bring exposure to these issues while supporting those organizing against them. The campaign to shutdown the Restrictive Housing Units and all forms of long-term solitary in Texas is an ongoing and high-priority campaign. Texas holds the largest number of people in solitary of any state, and a higher percentage of its prisoners are in solitary than most.

^{NOTES: Robert T. Chase, 2020, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America, University of North Carolina Press, p.79-80.}

In Texa$ we have received more reports from prisoners about the worsening conditions overall behind bars. Multiple reports of increased repression regarding food quality, medical care, lack of respite for Ad-Seg and increased censorship. Much of the staff is not following any regulations laid out for it regarding the grievance process. Many writers have reported guards throwing out grievances. One report from Clements Unit mentions 100% denial of grievances.

The reports from Clements show some of the worse conditions prisoners face in Texas, with people in isolation suffering worsening health conditions and mental health. From Choper’s report:

“In protest fires burn daily on each of the Ad-Seg lines. Prisoners burn any and all items that will burn. So many so often they don’t even react or bother to put them out, consequently we have no mattresses. Waiting list over 18 months to get a mattress. We sleep on steel and concrete. There are no radios for sale on commissary.”

There is some unity in action going on, but without intentional organizing efforts to facilitate further education in proletarian ideology and connecting the masses behind bars to the oppressed nations in and out of the United Snakes, it may fizzle out due to lack of organization. Tactics such as setting fires can also bring about more repression from guards while taking away energy and materials for organizing. We will continue to fight the censorship and prepare for increased repression, and continue to grow USW inside Texa$ prisons.

We’ve also recently gotten a report of a new SPD (Security Precaution Designate) of Self Harm which is a measure the state is likely taking in response to organizing efforts and legal action against solitary. We are still awaiting updates from the court on the Anti-RHU lawsuit Dillard v. Davis, et al. Civil Action No. 7:19-cv-00081-M-BPs.

The most censored units are Allred and Hughes units. Censorship rates for ULK in TX have been increasing. Censorship rates for the last four issues of Under Lock & Key are as follows:

These are confirmed censorships while many are unconfirmed as received at the moment, so rates are likely much higher.

Much of this is in response to increased pushback from the prisoner population regarding the conditions already prevalent across Texa$ and organizing efforts such as the Juneteenth Freedom Initiative which initiated a wave of censorship which has been ongoing since June.

One comrade has been pushing a censorship lawsuit Owolabi v. TDCJ Allred Unit, et al., 7;22-cv-00094-0 which could have massive implication on facilitating further organizing efforts inside Texa$ prisons, however there have been issues with the Courts trying to dismiss the case on payments grounds despite payment being made for legal documents, that has been resolved for now but it goes to show how unwilling the Texas Department of Criminal Injustice is to follow in own procedure if prisoners use it to further progressive interests in making Texas$ prisons into liberation schools.

Regarding the BP 3.91 case Martinez, ET AL. vs. Members of the TExas Board of Criminal Justice, ET AL. #3:21-CV-00337, it is currently pending and the Judge had sided with the defendants and denied to issue summons to the TDCJ board members and director, however further action is being taken, its not over yet. More proof that this system is completely biased towards the oppressor and we cannot let up on any fronts.

On December 16, 13 comrades have unified in the Michael Unit to stop eating in response to ignored grievances, which both step 1 and 2’s have been filed, and hazardous conditions inside the isolation cells, where we’ve gotten a report where an entire row got sick due to improper ventilation. As with some other units, chow is being left out for hours at a time before being served, and people aren’t being let out to shower. We stand with these comrades and encourage other prisoners to find unity through these worsening conditions.

North Texas AIPS has been established and will be working in coordination with other groups such as Texas T.E.A.M. O.N.E. to ramp up more outside support and awareness of the struggle behind bars, and spreading MIM line in and outside of prisons in Texa$. We will continue to expand our efforts in order to bring awareness and strategize on combating the increased repression Texa$ prisoners have been facing

One project we will be working with a number of jailhouse lawyers on is updating the Texas Campaign Pack to include anything we can find to update the grievance information as well as information regarding the new independent Ombudsman for Texa$. Please send us your edits and changes for the Texas Pack so we can make the next edition as complete as possible.

The struggle in Texa$ is growing, as is state repression, our goals to establish institutions of the oppressed nation and facilitate the study of Maoism and peoples war is our path forward. Stand up for your right, don’t give up the fight.

On 10 January 2023, a new legislative session convenes.

Several state representatives have committed to utilizing proposals from Texas prisoners to implement reforms. Rep. T. Meza has stood out with her zeal to end solitary confinement throughout Texas’ prisons and jails. She previously introduced a bill along those lines that didn’t make the floor. However, this session with more support from her colleagues, and with a litany of Texas citizens concerned about this, things look to possibly end differently.

In conjunction with the efforts of state politicians on the 10th of January, supporters of this campaign will be protesting on both sides of the walls. Around the state prisoners are showing their support by hunger striking. People on the outside will protest in Austin at the state Capitol.

Lastly, there continues to be civil lawsuits filed against TDCJ and its practice of indefinite solitary confinement. One of Our comrades has filed suit and that’s been reported on in previous ULK’s.(1) There is also Hanson v. Barnett, CA No. 1:21-cv-629-RP-DH, an extensively detailed complaint filed in the Western District of Texas, Austin Division.

We encourage all similarly situated people to file 1983 lawsuits, and if you need advice or assistance the address to Tx Team One’s legal representative is: 113 Stockholm #1A, Brooklyn, NY 1121

UPDATE As we go to press prisoners are wrapping up week 2 of the hunger strike. The TDCJ has verified 72 participants, while supporters say at least twice that number are on strike across the state prison system. In their defense the state also says that the number of prisoners in isolation has decreased from 9,186 in 2007 to 3,172 in 2022.(2) We say that is still too much torture!

Texas Prison Reform, the prisoner organization, gave the state 90 days notice before initiating this latest action in their campaign. In that statement they mirror their demands off the infamous Ashker v. Governor of California case, which settled for some minor reforms in how people are put in the Security Housing Units rather than abolishing the practice altogether. Abolishing torture is a winnable battle, that continues to gain attention and support. Anything less than a complete ban on solitary confinement across Texas prisons and jails is a failure of basic humyn rights.

<sup>Notes: 1. see ULK 76 for the original announcement, and updates in subsequent issues of ULK. All articles are online at: https://www.prisoncensorship.info/campaigns/TX/end-indefinite-restrictive-housing-in-tdcj/
2. Ed Pilkington, 19 January 2023, Texas prisoners continue hunger strike in protest against solitary confinement, The Guardian.</sup>

In previous writings we’ve utilized the principle of self-criticism to critique the communications operations that We, Team One, previously had. Therefore, we’re enthused to announce not only new tactical methods of communication, but a new address as well.

Also, in conjunction with the JFI campaign and in partnership with outside supporters, We’re presently soliciting contributors for a book project. This project will be a collection of personal experiences of prisoners who are working or have previously worked an industrial job in Texas prisons (TDCJ).

This work contributes to the portion of the Juneteenth Freedom Initiative that deals with prisoner workers’ lack of payment and the practice of state coercion. Any and all prisoners who would like to contribute their personal experience via written word should write tot he above address. Those considered for publication will receive a reply.

Those committees and individuals who’ve written us in the past, but did not receive a reply, should write to our new address with your contact info.

Do you have any case decisions of the stimulus checks. I just received a check for the first two payments plus interest. It totaled $1,900.76. Of this amount TDCJ deducted $1,786.11 leaving me with $114.65.

This is the first money I’ve had where I could go to “store” since I got here in 2015. The deductions were for medical co-pay, indigent correspondence and postage, and federal court fees. Another prisoner told me that there was a federal court decision in Arkansas against the prison system forcing them to return money deducted from prisoners’ accounts. I’m rough drafting a Step 1 grievance right now to start the exhaustion process, then I’ll add it to the suit I’ve already started. I intend to do the same on this censorship of ULK 79 as well. Any information will help.

North TX AIPS responds: From ‘New Class Action for Prisoners Who Did Not Receive Stimulus Money and Filed Taxes’ published in Under lock & Key Issue 76:

Clay v. Director of IRS Mnuchin No4:21-CV-08132-PJH

Sub Class Representative Thomas H. Clay advises all prisoners who filed for EIP from Oct. 2020 – August of 2021 and did Not receive any check in mail or Direct Deposit. After filing Form 1040/1040SR or letter with SSI# and copy of such to show proof of filing; then write To: United States District Court Northern District of California Oakland Division Attn: Hon. Clerk/Presiding Judge 1301 Clay Street Ste 400 S Oakland California 94612-5212

If you are filing the following criteria below:

1.Non-disabled or physically or mentally impaired prisoner in State or Federal Prison Institution in the United States

2.Correctly filing legal letters to IRS or 1040/1040SR Form 2019/2020 from October 15,2020 thru tax season of January – August 17, 2021

3.Utilizing only Institutional Regular Legal/or Indigent Legal Mail System in State of Federal Prisons.

4. Who did not receive any payment from IRS of EIP #1 #2 #3

5.In the form of “Check in Mail” or “Direct Deposit to Account”.

6.Who can “Prove upon Request” proof of the correct timely filing by: copies of letters to the IRS office in your State area, Prison Mail Room Record of Legal Mail logged letters showing IRS address. Indigent mailing file showing letter sent to IRS or 1040/1040SR copies or responses from IRS during that period from any of its offices.

7.And you were not issued any checks for EIP #1 $600.00 EIP #2 $1200.00 or CVRP/EIP #3 $1400.00 totaling $3,200.00

The court is reviewing Contempt of Court Order and Sub Class Action from prior suit *Scholl v. Mnuchin that does not protect the rights to amount of payment withheld from prisoners in a discriminatory manner by IRS.

From Stimulus Checks Are Being Stolen by TDCJ-CID from Under Lock & Key Issue 73:

Section 272(d)(2) of the Consolidated Appropriations Act provides that the second round of stimulus checks ‘shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law.’ This means that this round of stimulus checks may not be garnished to cover overdue debts by federal or state prisons.

Scholl v. Mnuchin, et al. No.4:20-cv-05309-PJH ND Cal.; Appeal Docket No. 20-16915 9th Circuit Court of Appeals ruled in favor of prisoners getting stimulus checks while incarcerated. The checks in question should not be confused with the most recent $1400 checks under current President Joseph Biden. It was the $1200 and $600 checks under President Donald Trump that were ruled on.

From Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money from Prison Legal News:

The Court ordered ADC to place any federal relief and stimulus funds in a sequestered account if it continues to confiscate those funds. It must maintain records of how much money it confiscates from each prisoner and what amount is paid for court fines, fees, costs, and restitution. While ADC may return the confiscated excess funds to prisoners, it may not otherwise disburse those funds until the end of the lawsuit. See: Lamar v. Hutchinson, USDC, ED AR, Case No. 4-21-cv-00529 (2021).

The Court then turned to decide whether confiscation of the money was a violation of procedural due process. It found no violation when it came to confiscation for the purpose of paying off court fines, fees, costs, or restitution.

It did, however, find a violation when it comes to diverting the excess funds to the inmate welfare fund and the Inmate Care and Custody Account. The Court noted there were no post deprivation remedies available, for the ADC’s grievance procedure provides a challenge to “issues controlled by State or Federal law or regulation” a “non-grievable issue.” The Court concluded the confiscation of the monies did not violate substantive due process or the Takings Clause.

We hope this information is helpful. While we still stand by the conclusion that these stimulus checks are an attempt to buy off the U$ population at the expense of the third world, we won’t hold unrealistic notions about how this money can be used for our goals of Anti-Imperialism and building up USW. We also have a censorship pack available as well, having relevant caselaw and regulations for fighting censorship on the legal front.

^{Notes: Prison Legal News, Nov 1 2021, Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money}

“No man can tell the intense agony which is felt by the slave, when wavering on the point of making his escape. All that he has is at stake… The life which he has may be lost, and the liberty which he seeks may not be gained.” -Frederick Douglass, 1845

We are made to persist. That’s how we find out who we are.

The Khufu Foundation thanks you for being part of the solution! The following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6: 22-cv-134. It contains both good and bad news. The bad news is that the District Court has dismissed the case with prejudice, which was not unexpected. The good news is the cases he used are not on point, plus he failed to thoroughly address an issue of First Impression “The Cumulative Effect.”

For those of you who have tablets, go to law library and read exactly what the District Judge has to say for yourself. We have given notice of appeal, and await a word from the 5th Circuit giving us a number to seek COA. Before we give our argument in brief, let us give you a word directed to the right that can save you a few dollars as well as allow you to move much faster through the Courts than the §1983. We have learned that these same issues can be attacked with an application for Writ of Habeas Corpus – see the tablet has a wealth of information, particularly the Law Library; there are literally thousands of cases at your fingertips. Yet, the tablet can turn you into a zombie, who feeds on nothing but music and movies.

Now, here is what we will take to the 5th Circuit:

1. Whether the Cumulative Effect of the Texas Constitution, Texas State Law Statutes, the Administrative Procedures Act, and the Rules and Regulations of the board combine to give a Reasonable Expectation that the parole procedure will be conducted with a modicum of just and fair treatment – see Wilkonson v Austin, 125 S.Ct. 2384

2. Whether Applicant was denied Equal Protection of the Law as compared to other prisoners who can review their parole-file/transcript, because they can afford an attorney, see Griffin v Illinois, 76 S Ct. 585 and Register v Thaler, 681 F. 3d 623

3. Whether Applicant has been denied a fair and just parole hearing where the defendants fail to follow the APA and their own rules without meeting the Constitutional minimum regarding parole review – see Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams, 277 F. App’x 498, 500 (5th Cir. 2008)

4. Whether Applicant was denied a meaningful participation in his parole hearings when he was not allowed to review his parole file to challenge all false and/or derogatory information contained therein, when Board Members have admitted that there is often false and/or inaccurate information in parole-files. – see Johnson v TDCJ, 910 F.Supp. 1208

This information is supplied in the hope that each of you will do your research and continue to fight.

North TX AIPS adds: This is a follow up to Texas Prisoners Launch Attack on Parole System printed in Under Lock & Key 78. This lawsuit is an attempt for parole reform in Texa$ and was launched May of last year (2022). It is in response to continuous denial of parole for many prisoners based on commitment of the crime, rather than behavior while incarcerated, and to argue that the Board Members are not protected against suit according to the Ex Parte Young Doctrine:

“In determining whether the doctrine of Ex Parte Young avoids an 11th Amendment bar to suit, a federal court need only conduct a straightforward inquiry into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir. 2000)

While some of the demands as previously stated are in line with the Juneteenth Freedom Initiative, as revolutionaries our focus is on the building on independent institutions of the masses, rather than working for parole reform. We are building on our Re-Lease on Life program and encourage anyone whose interested to write us and start to work on study and strategy for revolution.