Prisoners Report on Conditions in

Texas Prisons

Got legal skills? Help out with writing letters to appeal censorship of MIM Distributors by prison staff. help out 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.

[Legal] [Texas] [ULK Issue 57]

Suit to Ensure Improved Disciplinary Process for Deaf Prisoners

I am hearing (deaf) / speech (mute from past strokes) / vision (blind in one eye and impaired in other eye) and W/C [bathroom] restricted/disabled. Texas Department of Criminal Justice (TDCJ) was refusing to turn the closed captioning on the televisions for me and other offenders who are deaf, hearing impaired, disabled, or hard of hearing.

Also, being given disciplinary case knowing I was deaf, violating my due process rights by not passing a note. No written communication of what was going on during the disciplinary process so-called "investigations."

Now, thanks to Texas Civil Rights Project (TCRP), Mr. Brian R. McViverin and Ms. Barke Butler and three others, TDCJ is to have closed captioning feature on these dorm dayroom TVs from the time they are turned on to rack time. And any disciplinary cases I'm (or others of my type of hearing disabilities in accordance of the ADA) given, TDCJ must use special forms for me to read, answer, and sign/initial during the whole process. And anything spoken must be written down. If I see any lip movement and it is not written down, this becomes a violation of my Civil Action suit.

So, if you can, read this Civil Action No. 4:12-cv-02241 compromise and settlement agreement. Please let others know of this. I know I can not have been the only one that has had these problems with TDCJ.

MIM(Prisons) responds: This contributor shouldn't have had to go through the trouble of filing a Civil Action Suit in order to be afforded what is already guaranteed to em from the Americans with Disabilities Act (ADA). We here at MIM(Prisons) are disgusted by the behavior of TDCJ, which we see reflected all across the country in various forms. In a society that isn't run by profit and pigs, the courtesy of inclusion wouldn't require all the runaround and paperwork.

[Abuse] [Organizing] [Education] [Connally Unit] [Texas]

Study Group Repression, Staying Strong

My study group "Push it to the Limit" was infiltrated by the pigs' designated imposters, molded with the motive and intent to cause confusion and disrupt positive progress. I've observed intently and gained an accumulated experience as I've re-organized and regarded this delicate "covert ops" incident and compared it with the same covert-ops strategies used against Power cells of individuals of collective units within the past histories.

I've researched material from the book "The FBI War on Tupak Shakur and Black Leaders" to re-evaluate and compare with. The "covert ops" move didn't surprise me at all. I'm an "Organized General," NOT a Rookie.

However, I've rebuilt my study group from scratch. I've been training my new members to "Push it to the Limit" study group that Power is essential for success in the accumulation of money, or in positive progress.

As a Jailhouse Lawyer/paralegal, I'm teaching that Power may be defined as "organized and intelligently directed knowledge." We utilize "organized effort" to produce coordination of effort of two or more people, who work toward a definite end, in a spirit of harmony. Therefore, harmony is the key.

As inspired intellectuals in the making, "Coordination of knowledge and effort in a spirit of harmony between two or more people, for the attainment of a definite purpose."

Now I'm evaluating my study group with persistence and intelligence and use discrimination in the selection of my "Master Mind" group, which shall cause my objectives to be halfway reached, even before we begin to recognize it.

Henry Ford said, "Men take on the Native and the habits and the power of thought of those with whom they associate in a spirit of sympathy and harmony." This is hard work and that's why it's called a "struggle," I guess.

Me and my new study group members have been changing policy and procedures here at this trashy ass Connally Unit. The pigs even gave me a clear opportunity to be transferred to a better unit as a settlement offer but I've refused such a cop out agreement.

I'm too pissed off to drop the issues as if they've never happened and I'm too real to leave my comrades who aren't adequate in the law to deal with this problem that's been continuing for years by theirselves.

[Abuse] [Luther Unit] [Texas]

Grievance system a failure in Texas

I am currently an inmate in the Texas Department of Criminal Justice (TDCJ). I have recently been having trouble with some of the ranking officers of the Luther Unit. Such as cussing me, abuse of power, threats of cases and the taking of my property.

Every grievance I have written has been no help, even the step twos. I was talking to a fellow inmate, and he told me to write to you. That you provide information or how to write proper grievances, and AD and PD codes that will help. I told him I was indigent, but he said you provide the grievance packages free of charge. If this is true I would greatly appreciate your Texas grievance packet and any other useful information you can provide.

[Abuse] [Powledge Unit] [Texas] [ULK Issue 56]

Powledge Guards Unaware of the Law

Your Texas Pack will support my contentions and add fuel to the fire I have started. You participate in the same practice I do and have been doing since 2010. I apply the law in my grievances. I apply PD-22 in correlation to ED-02.01 and apply the facts of official misconduct that lands officials on administrative probation or suspended 30, 60, or 90 days. I applaud your practice. I appreciate your action, and your newsletter gives me hope that I am not alone in fighting this Goliath that has no moral value. Thank you for your presence and participation.

I am on Powledge Unit after fighting my way to here via Bother units where I still have civil actions pending. But this unit enjoys retaliating against you for your protected right to file grievances or complain. Standards for prison operations in this country are made by the American Correctional Association (ACA), and ACA Standard 4-4274 states I have a protected right to complain about my conditions and official misconduct without fear of retaliation, but the guards don't know that it exists in ATC Rules. See ATC-040. It has been my safety beacon in many grieves.

The state works off the ignorance of inmates — our comrades so to speak. I am requesting that you keep doing what you do and teach the prisoners. Inform them of their rights, privileges, immunities under the Constitution. Where the prisoners of Texas really need help is in statutory law. I am understanding that Administrative Code is where statutory law lies, that governs jails and prisons. Texas prisoners in state facilities are not privy to these laws, so a prisoner cannot successfully litigate a case without an injury. An injury is not a prerequisite to 42 USC 1983.

Well keep up the good work and stand united and strong.

MIM(Prisons) responds: Legal work and campaigns, such as the information contained in the Texas Pack, are one aspect of our struggle toward a society without the abuses that the Texas Pack is focused on: grievance problems, indigent mail restrictions, exorbitant medical copay, and others. We don't think we can get to that society by focusing on just this angle alone, however. So we push our comrades who are getting good information from the Texas Pack to also recognize the bigger picture and the long-term struggle. MIM(Prisons)'s work is focused on prisons in the United $tates, but we strive for this work to coincide with the struggles of the most oppressed peoples in the world. If you're ready to take that step from prison reformer to revolutionary, we offer lots of study materials on the topic, and a correspondence study course for $10 or work-trade.

[Medical Care] [Allred Unit] [Texas]

Medical test results withheld in Texas

I am wrangling with the medical dept about getting the results of recent tests for HIV and HEPC, and also about getting the prescription for glasses that were issued to me about a month ago. I've been getting glasses since 2005 and the prescription has always come with the glasses until this year. When I noticed that the prescription wasn't in the eyeglass case I asked the nurse that brought them to me and she told me to write to the medical dept and it would be sent to me. So I waited about 2-3 weeks to give the blood test results to come in then I sent them an I-60 request form asking for the results of the tests and the prescription for the glasses and was informed that I had to pay for them.

I sent another I-60 informing them that I had paid the $100 co-pay and the eye wear prescription and the results of the blood tests are a part of the service that was paid for but was told that to receive a copy of anything I had to pay. I've written a grievance but won’t receive a reply for 45 or more days.

I was shown a TX grievance guide by someone and would very much appreciate it if you could send me one. I had one from the concerned Christians of San Antonio, TX from 2010 but when I got to this unit the officers shaking down my property threw them away with a lot of other stuff. I need one terribly bad because there are quite a few abuses here on this maximum security unit.

[Abuse] [Luther Unit] [Texas]

TX officer to prisoner: shut the f up

A little on a problem I am having. Recently one of the ranking officers on my unit got in my face and told me "shut the fuck up bitch," now, I am very respectful to these officers and I didn't even snap back at the officer who did this. I would really like to know what I can do against this officer legally in response to this incident. Any info would be greatly appreciated.

[Censorship] [Michael Unit] [Texas]

Need for Legal Battles

Dir Sir or Madame:

I am ... confined in the Michael Unit of the TDCJ.

On 3/16/17 I received from the Michael Unit mailroom a "Publication Review/Denial Notification" refusing to deliver to me the above-referenced publication based upon a finding that "it contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots, or security threat group activity." At the place for Remarks, "Pg. 13 contains info that could cause a prison strike and prison disruption."

Instead of seeking the least restrictive measures of censorship, like, for example, marking out the offensive language, they refused to deliver the publication summarily citing to TDCJ-ID policy and procedure BP-03.91, the same rule used to reject delivery of biblically-based religious materials sent to me by my sister.

I appealed the denial to the Director's Review Committee (DRC) whose address is PO Box 99, Huntsville, TX 77342-0099. On 3/29/17 I received the "DRC Approved/Upheld Denial on 3-28-17." However, that denial was not signed so I have no idea who is personally responsible and accountable or if this is - as commonplace - a summary, arbitrary, and capricious disposition of my appeal, similar to the practices generally experienced when using the TDCJ-ID administrative grievance process required by the Prison Litigation Reform Act.

Nevertheless, I will not be receiving the publication, and, notwithstanding my notice of anticipated litigation to prison authorities, am notified that "the publication will be destroyed within 60 days of the initial denial." And, again, I am not notified of the identity of the person(s) who will engage in this illegally destructive and criminally culpable conduct designed to deny and impede my rights both to the publication and access to the courts. Thus far, my efforts to report the criminal acts and conduct to civilian law enforcement authorities and the State and Federal prosecutors' office under Texas Penal Code, Section 39.04 and Title 18 U.S. Code Section 242, have proven to be futile.

Accordingly, I am asking you to engage your expertise and resources in the litigation of this unlawful censorship to which you have standing to complain and request that you name me as a complaining party litigant. The proper venue is in the U.S. District Court for the Eastern District of Texas sitting at Tyler, Texas.

I will at all times make myself available to you and to any legal representative whom you choose. I retain all evidence of my claims but, as I'm sure you know, is subject to confiscation, loss and destruction by prison officials and their employees.

In closing, I am reminded of a passage I read somewhere. "Acts without words are open to all kinds of interpretation and words without acts are hollow promises [or just lies]," The ball is now in your park. I need your help. Anxiously awaiting your response.

[Legal] [Estelle High Security Unit] [Texas] [ULK Issue 55]

Expose Texas Denial of Access to Courts

Estelle Unit operates a "cite only" method of providing prisoners access to courts, requiring prisoners to submit "cite specific requests" to Access to Courts (ATC) officials in order to receive legal research materials. Courts have repeatedly ruled cite-only access fails to satisfy constitutional de minimis, explaining it is unreasonable to expect a doctor of jurispridence to request cites by note, let alone a pro se laypersyn prisoner.

Recently I was told by law library staff a case I cite-specifically requested didn't exist. I called bullshit stating the Texas Criminal Practice Guide, John Boston's and Dan Manville's Prisoners' Self-Help Litigation Manual, and Manville's Prisoners' Disciplinary Self-Help Litigation Manual don't lie. I was then threatened with disciplinary action. I invited such, desiring the denial of access to courts be documented. The next day when admitted to the so-called law library I was confronted by the ATC Supervisor in possession of the case at issue, and all kinds of papers for me to sign, validating I had in fact received the cite in question.

The very same day the above phantom caselaw was produced, I requested another case by cite, and again told the case didn't exist. I then set a trap. I have repeatedly trapped and caught ATC pigs claiming specifically-requested case citations did not exist which do indeed exist. Case in point: I requested a denial of access to courts case per the Estelle "cite only" method. I was told the case did not exist. I waited a short period, then requested the supposed nonexistent case be Shephardized, a method of cross-reference. At the next day's so-called law library session the Shephardized download was presented to me showing the case in question had been published in 1997. Priceless. Absolutely priceless. Dumb blank faces blinking back at me.

MIM(Prisons) responds: The oppressors will never give the oppressed the tools to overcome their oppression. This anecdote is an example of exactly why we believe we need to build a revolutionary movement to force the state to give up its power, so we can put an end to Amerikkka's prison system!

This article referenced in:
[Legal] [Texas]

Railroaded by criminal injustice system in Texas

I am writing to you to let you know how things are in Texas and their mistreatment of minorities and indigents in the criminal justice system. The right to an indictment is no longer a right anymore. If you are charged with a criminal offense and if you are indigent and a minority, you will be approached by an attorney outside the court room he will lie and say he is appointed by the court, even though statute states your right to an attorney under the 6 th amendment starts upon indictment in Texas unless waived. But these lawyers force you in trial court by producing a fabricated indictment that was not returned by any grand jury. And these judges and DA are sentencing you to their slave camps.

There is no way a person without funds can defend themselves these lawyers are paid by the court, even if you tell them you want to defend yourself the judges won't even let you do that, they try to force you into a jury trial and the case isn't capital, they have the jury already picked out you can't win.

[Legal] [Abuse] [Texas]

Texas steals prisoner property ignores laws

I was recently informed of your publication Under Lock & Key and would like to receive it. I would also like to receive your Texas Pack. For the second time I am aware of TDCJ employees who have used the excuse that uniform commercial code (UCC) is contraband to confiscate prisoners trust property of all kinds. Also, they commit theft of legal notes and commercial study materials and write disciplinary charges resulting in placement into medium and closed custody. Their actions are in violation of the First Amendment and in dishonor of court decisions:

Walter Jones v. Michigan DOC Patricia Caruso et al, 2007 Dist Ct Lexus 72469 Case No. 05-CV-72817-DT

Walter Jones Plaintiff Appelle v. Patricia Caruso et al Def. Appellant 569 F 3d 258 2009 U.S. app. Lexis 13371; 2009 Fed U.S. Ct of app 6 th Circ. No. 05-72817

The following case was from TDCJ Ellis Uni, therefore they are aware of their actions: Harry Kerley v W. Stephens, Civ No H-14 Case 4:14-CV-03491, 2015

From this list of what was taken from me I think you will agree there has been a violation. Step 1 and 2 grievances are useless, just as they were in the Kerly incident and many others. I believe we need a class action law suit. Can you provide information on this or perhaps some legal specialist contacts.

Per usual in these instances of theft the TDCJ officers are acting under "color of law" by using govt forms declaring the property taken as UCC related materials however they do not provide itemized lists of what exactly they have taken.