Texas Prisons

On the Coffield unit we are currently on our bi-annual lockdown/shakedown. During this time, we only receive showers three times a week, with clothing, socks and boxers only issued on a prisoners shower day (Mon, Wed, and Fri). However, while policy allows showers and clothing only three times a week (with the exception of lockdown workers), prisoners are required to be issued clean socks and boxers daily. The administration is failing in this regard.

To top matters off, prisoners are being limited to three minutes in the shower before the water is cut off. This adds to a total of 9 minutes of shower time over a seven day period. Factor into that situation the Texas heat and you have a recipe for ripe, unhygienic, hyper thermal prisoners roasting, possibly to death, in lockdown cells.

I have written to the building major about this and will file a grievance in the next few days. Enclosed is a copy of my letter to the major and I will keep you updated on any grievances and/or other feelings.

Major De La Rosa
Coffield
RE: Offender showers, necessity issue, and impermissible offender conduct

Dear Sir:

On 01 June and 03 June, offenders on P3 were given only three minutes to shower. After the elapsed time, officer Garcia ordered the offenders working in the necessity issue room to turn off the water supply and told the offenders remaining in the shower to exit after the water had been cut off.

Clothing was issued on a one-for-one basis, which meant that each offender only received one pair of boxers and one pair of socks on their shower day (Monday, Wednesday, and Friday).

Allowing offenders only three minutes to shower, for a total of nine minutes over a seven day period, is unreasonable, unhygienic, and ruing extreme summer temperatures, potentially deadly.

Policy requires that offenders be given clean boxers and clean socks seven days a week. Under the current practice, offenders are given undergarments only three days a week.

A.D. 03.02 “Impermissible Offender Conduct” prohibits any offender from granting or denying access to any activity, which includes showers. By ordering the offenders in the necessity issue room to turn off the water supply, denying shower access to the offenders in the shower room, officer Garcia has impermissibly recruited offenders as enforcers.

The building is on lockdown schedule and it is understood that some activities will be restricted. However, showers, necessity issue, and the impermissible use of offender enforcers are not included in any of the policies that have been suspended.

Sincerely,
[prisoner name]

I am writing to send you back the unconfirmed mail form showing that I have not received any of the letters/documents on these dates in the mail. My mail from you and other places like your organization is not coming to me because the information is very much useful to me due to the upcoming civil suit so if the mail isn’t legal then I may not get it just like the dates you sent my mail and I did not receive.

I’m a jailhouse lawyer for National Lawyer Guild out of New York so you can pretty much see why I’m having problems getting indigent supplies so I can send out legal and regular mail. This unit is harassing/retaliating against me for complaints and grievances against the unit administration. I was placed in 11 bldg transient being treated like I committed a crime and was handcuffed everywhere the officers took me and took all my recreating inside/outside, chapel services, law library sessions, medical appointments, and kept me in a cell for 24 hrs for 33 days. I’m still being denied to see a medical provider since April 2016.

This unit is overcrowded in violation of Ruiz v. Estelle court order/ final judgment and has reached our 100% capacity. I’ll be very lucky if you get this letter and mail form that you sent me.

The real task before us is to convince prisoners that struggling for pecuniary aims solely is to struggle for nothing more than a piece of the imperialist pig pie. I myself don’t give a fuck as to whether prisoners get paid or not, just as I was not concerned with the whining “Occupy Wall Street” labor aristocracy complaining when their opulent pig lifestyles were compromised by the “Great Recession” of ’08. Good! But I am encouraged there are some stirrings of dissent from Texas prisoners regarding conditions of confinement. It is before us now to harness and direct this dissent into revolutionary channels.

Since beginning this letter I have been approached by a prisoner housed in my wing. This prisoner, “Ivo,” avowed themselves to be communist. Ivo receives ULK. Ivo was born in Honduras, but raised in the United $tates. Ivo is a Guevarista. I have initiated and opened a channel of dialog with Ivo and a Black prisoner, “Mississippi.” Mississippi has preferred access to the MLM - MIM materials I have available. I have broached the subject of forming a study group with these two. The idea was received rather coolly by both. The three of us are to meet this weekend to discuss it. Ivo says they have serious reservations concerning the MIM line. When we meet I will inquire of their position regarding MIM’s 3 main principles. As for me, as it is for MIM, these principles are fundamentally decisive.

MIM(Prisons) responds: We print this letter as an example of the hard work required to build unity. This comrade demonstrates how to build common ground with others, and then studying together to discover areas of disagreement and build greater unity. Of course there will be times when we find that we have disagreements too significant to continue working together. For us (and for this writer) those questions are summarized in our dividing line questions. Any other differences we consider to be non-divisive and things we can struggle through or put to the side in the interests of united action and the greater anti-imperialist movement. We also need to keep in mind that those who disagree with these dividing line questions are not enemies just because of that disagreement. At this stage in the anti-imperialist struggle these folks are still potentially valuable allies in the united front against imperialism, even if they are not communists.

The 11th day of May, 2016, one Nigerian prison guard, Chinoso Uguwu, refused to provide a cell ingress and egress as required. Uguwu and I became embroiled in a heated verbal confrontation.

Uguwu: “I fuck your mother! You are goat’s penis, fucker of your own mother!” No biggie. Just another day in the life…
But, Uguwu: “I promise you this, Boko Haram will kill you! This I promise!”

I immediately went to the picket officer working my assigned wing relaying the incident to them, asking them to identify Uguwu as Uguwu refused to identify himself.

The picket officer could not identify Uguwu.

En route to the midday feeding I approached one Sgt. R. Eisneros informing the Sgt as to the incident at issue, asking the Sgt to identify Uguwu. Cisneros assured me I would be provided Uguwu’s name posthaste.

Returning from the midday feeding I approached an officer working my assigned wing’s corridor (“The Gauntlet”), officer G. Flowers. I informed Flowers that Uguwu had threatened to have me executed at the hands of Boko Haram, a Nigerian affiliate of Al-Qeada. (None of the amerikan prison guards was familiar with Boko Haram). At this juncture Uguwu interrupted stating to Flowers, 3 hours after the fact, they had written a disciplinary report on me for threatening to inflict physical harm on Uguwu, a TDCJ officer. Flowers then did restrain my hands behind my back and began to lead me to an isolation cell in an isolation wing.

En route to isolation, Flowers led me past the 1/8 mile “Gauntlet’s” central desk. Where I was accosted by a lieutenant and two of the lieutenant’s henchmen: J. Pittcock and L. Bowers. Upon arriving at the central desk I was immediately met with threats of physical assault by the lieutenant, Pittcock and Bowers. (Bowers seemed to be fixated by the fact I was in restraints.) After acknowledging their threats by stating I didn’t care what flew out de pie hole. Whatever de thinkin’ ‘bout doin’ done been tried before. I ain’t gonna say de won’t do it, but I promised de wouldn’t get away with it. Yadda, yadda, yadda… In response the lieutenant stated: “I don’t give a fuck what’s on your travel card.” (Being a “Ruiz Litigator, Litigious/Radical Offender” is both a blessing and a bane. This is the bane.) They, the lieutenant, Pittcock, and Bowers, would escort me to isolation themselves, relieving Flowers while promising me the “ass whoopin’ of my life” once arriving at the isolation wing.

I’m an old hand at this and am good at exhibiting a nonplussed demeanor in the face of such adversity, but ice cold trepidation was running through my veins. I thought the end was here.

Before arriving at the isolation wing I was escorted to the prison infirmary per a pre-isolation physical. Throughout the physical the lieutenant, Pittcock, and Bowers described in graphic detail the imminent beating I was to receive, Bowers going so far as to tightening the manacles restraining my hands behind my back to a painful degree.

The attending nurse during this physical would not clear me for isolation placement due to high blood pressure. (I am currently being treated for low blood pressure. I was very pissed and very afraid. Fight or flight mode). Pittcock ordered the physical to end instructing the nurse to write me up for disobeying an order for not lowering my blood pressure!

Gotta luv it!

Once arriving at the isolation wing I found it difficult to concentrate due to apprehension and all the commotion in the isolation area. Seems my arrival was anticipated. Miraculously, I was deposited in an isolation cell unmolested, though Pittcock lingered to inform me, had they been in charge they would’ve had me “aired out.” I responded I had fully expected such, feigning disappointment.

About an hour after being placed in isolation the lieutenant appeared - apologizing! (the blessing) The lieutenant instructed I would be released from isolation and allowed to return to my assigned housing location after shift change as they did not want me to return to my wing while Uguwu was still in attendance; and a disciplinary action would not be pursued against me per the incident at issue.

Approximately 14:30 hrs, I was released form the isolation cell, but rather than being allowed to return to my assigned housing unit, I was placed in an administrative segregation shower located in the isolation wing. I remained in the Ad-Seg shower until 21:30 per the orders of Sgt. K. Owens and Lt. W. Wyatt. This shower was damp, inundated with black mold and reeked of mildew and urine. It was like being confined to an old gas station bathroom along Route 66.

I was served the evening meal there. The 28th day of May 2016, at the evening feeding, a Nigerian officer working the dining room serving line absolutely refused to serve me a dinner tray. I then noticed Uguwu in close proximity surveying the scene. I then went to a kitchen Sgt. who did provide me an evening meal. As I was partaking of the evening meal Uguwu approached me again threatening: “I am coming for you, and when I get you, don’t cry.”

I informed the kitchen Sgt. and, of course, filed an administrative grievance outlining Uguwu’s transgressions. As of this writing I have yet to be notified of any remedial action taken.

As I said, another day in the life…

The 2nd day of June 2016, Officer Okocha threatened to pepper spray me for attempting to read Okocha’s name plaque per forthcoming administrative grievance. Okocha pulled and aimed a canister of pepper spray at my visually impaired eyes, ostensibly because I was too close (approx 5 ft.) to Okocha. During this encounter, Okocha was screaming unintelligibly attracting the attention of a Sgt. that ordered Okocha to stand down.

These are common occurrences at the Estelle Unit. A hospital unit housing many disabled and impaired prisoners, infamously for assaulting and abusing the prisoners assigned here!

I have papers showing that the prison on this unit violated the Ground Water Rule. TDCJ Pack Unit failed to collect the required number of triggered source bacteriological samples for fecal indicator monitoring of the ground water system during the last year. This monitoring is required by the Texas Commission on Environmental Quality Drinking Water. They are in violation of the drinking water all over the system. I wrote the U.S. Department of Justice Special Litigation Section. I got a letter from the Chief of that Department, no results.

To: Head Warden Cato, Coffiel Unit

Re: Unconstitutional Conditions of Confinement at the TDCJ/Coffield Unit, Institutional Division

The Conditions as described herein should be obvious to the trained eye of professional Correctional Staff. These conditions are longstanding and pervasive. I respectfully request to not be retaliated against for the exercise of my constitutional rights. It is well noted in every Circuit and the Supreme Court that “prison officials may not retaliate against or harass an inmate because of his exercise of his First Amendment right to seek redress of grievance.”

I. Unsanitary Conditions in Chowhall

The conditions in the chowhall are unsanitary. The spoons, trays and cups are not properly washed and sanitized before and after each use. The trays often have standing water in them, the spoons are greasy and often have food residue on them. The chowhall floor is filthy and there are puddles of standing water on the floor on a regular basis. The staff and inmates who are serving food do not wear gloves. The tables are not properly wiped and sanitized.

The chowhall is known to be infested by cockroaches, mice and birds. The birds are known to eat the cornbread out of the pans in the baking area, and to defecate on the cornbread. It is believed that security cameras in the baking and kitchen areas confirm this. The floor drains in the cooking area are known to back up with raw sewage.

These unsanitary conditions, individually and collectively, may be conducive to the spread of food borne illnesses; these conditions pose a threat to the health of inmates at the Coffield Unit.

2. Sleep Deprivation

The policies of TDCJ/Coffield Unit contribute to and cause the sleep deprivation of inmates. Sleep is recognized as a basic human need. TDCJ’s system-wide policy of having Correctional Staff conduct late-night bed-bunk counts deliberately causes sleep deprivation.

Between 11:00 PM and 2:00 AM, inmates are awakened by a Correctional Officer, and are asked to present their Prison Identification Card, or to recite their number.

Furthermore, several times throughout the night, the guards in the Control Picket, or “Rotunda,” are blaring announcements on the intercom loudspeakers. This disturbs inmates from their sleep.

Finally, Coffield begins feeding breakfast between 2:00 AM and 2:30 AM. Feeding time may run until 4:00 AM. If an inmate goes to have breakfast they may lose an hour of sleep, or possibly more. They are forced by this ridiculous schedule to choose between sleep or food.

Then between 4:00 AM and 5:00 AM, Coffield begins showering. Thus causing the loss of at least another hour of sleep.

Therefore, because of the bed-bunk counts, loudspeaker blaring, breakfast and showering schedules it is near impossible to get even 4 hours of uninterrupted sleep per night. This sleep deprivation poses a serious risk of physical and psychological harm to inmates.

3. Overcrowding

The cells at the Coffield Unit are too small for double occupancy. The cells were only designed for single occupancy. Hence it follows that the day-rooms are overcrowded and must serve double the number of inmates for which they were designed.

Inmates at Coffield in the main building are confronted with the reality that overcrowding is omnipresent within the confines of the prison. This overcrowding has an adverse effect on all the day-to-day operations of the prison.

The cells at the Coffield Unit and the other older model units have an area of only forty-five square feet, with only twenty-one and a half square feet of usable floor space. So cramped are such cells, that two persons standing, must squeeze by each other in order to pass. This cramped closeness of confined persons causes tension and sometimes leads to fights and violence.

These cells are not equipped with a table or bench to sit on. The top bunks are not equipped with a ladder or steps to assist inmates in climbing up and down. This is an obvious safety hazard.

Some of the obvious psychological effects of such overcrowded confinement are, i.e. the spread of disease, the enhancement of stress, tension, hostility, depression and physical and psychological deterioration.

These negative effects due to overcrowding run counter to the process of rehabilitation, and are the cause of serious behavioral problems.

4. Day-rooms/Ingress-Egress

The day-rooms are overcrowded, they lack the necessary area required for the number of inmates they house; they also lack sufficient seating. The bathroom facilities in the day-rooms are inadequate: there is only one urinal, one sink and NO toilet.

Hourly ingress and egress moves are not conducted. Per TDCJ Policy, these moves are to be done hourly. However, often times inmates are trapped in cramped, overcrowded and noisy day-rooms without adequate bathroom facilities for 2 or 3 hours at a time without being given the opportunity to go to their cell.

The day-room’s whole back wall window panels do not have tint of shade to guard against the hot bright sun. The sun is magnified by the glass panels and shines directly into the day-room, blinding inmates and turning the day-room into a very hot and muggy torture chamber. There are no fans to circulate the air. There are no screens on the windows to keep mosquitoes out. Mosquitoes are carriers of disease.

V. Lack or Regular Exercise/Outdoor Exercise

Inmates at the Coffield Unit on P3 & P4 are not afforded regular opportunities for exercise, and they are not afforded regular/any opportunities for outdoor exercise, and access to fresh air and sunshine.

Regular exercise, fresh air and sunshine are basic human needs. They are necessary for maintaining one’s physical and psychological health.

By contrast, inmates in medium custody are afforded regular outdoor exercise during the afternoon. Likewise inmates in P5 and P6 receive outdoor exercise daily. Only inmates in P3-P4 are singled out and denied outdoor exercise.

Furthermore, per TDCJ Policy, there is supposed to be a recreation schedule posted for inmates to consult. There is no such schedule posted in the cell blocks at Coffield.

6. Lack of Exercise Opportunities for Inmates with Chronic Medical Problems/Disabilities and Aging Inmates

There are no Exercise Programs for older inmates (late forties and older) or for inmates with disabilities or other medical conditions.

When gym, a.k.a. “indoor recreation” is called, it is extremely overcrowded and it is difficult to get any exercise at all. All Coffield offers is basketball, handball and an overcrowded universal weight machine.

These recreational policies systematically discriminate against and deprive older inmates and inmates with health problems and disabilities from being able to get any exercise at all.

The inmates do not even have an opportunity to walk or jog for thirty minutes to an hour, 3 or 4 times a week.

Inmates who are older, as well as inmates who suffer from chronic health conditions/disabilities form a recognizable class of inmates who are protected under the “Equal Protection Clause”, and also the “Americans with a Disability Act”.

The discriminatory conduct perpetrated by TDCJ/Coffield Unit are actionable in Federal Court. Furthermore, the conditions described herein are in violation of the Eighth Amendment to the Constitution, and constitute Cruel and Unusual punishments.

7. Conclusion

It is obvious that the Conditions of Confinement deprive inmates of the minimal civilized measures of life’s necessities, and subjects them to unreasonable health and safety risks.

These conditions described herein are longstanding and pervasive; they do pose a serious risk of harm to all inmates at the Coffied Unit.

Copies of this letter have been sent to:
1. Senator John Whitmire
2. ARRM, Division, Huntsville, TX
3. U.S. Attorney General, United States Department of Justice, (USDoJ)
4. Human Rights Watch, Austin, TX
5. Texas Inmate Family Association
6. Brad Livingston, Director TDCJ

Prisoner filed Step 1 grievance in March 2016:

“I file this grievance against the Texas Board of Criminal Justice’s revision to the TDCJ Correspondence Rules, effective 1st October 2013. This revision restricts indigent prisoners to five one-ounce domestic letters per month and removes all references to the first 60 days that a prisoner is indigent. Prisoners retain their First Amendment right to free speech (i.e. right to be free from unjustified governmental interference with communication). This revised policy violates the First and Fourteenth Amendments. It is also contrary to standards established in Guajardo v. Estelle, 580 F.2d 748. Guajardo established that ‘prison furnished postage and stationary to indigent inmates for special and attorney correspondence and give additional letters per week without waiting period but with right to recoup amounts expended during the first 60 days.’ Secondly, in light that general correspondence rules touch on the rights of persons not incarcerated to receive mail, this revision also violates the Constitutional Rights of my friends and family. Finally, there is no legitimate or rational basis (besides administrative convenience) for the increased communication restrictions on indigent prisoners. It is unreasonable, and unrelated to any legitimate interest in security, order or rehabilitation. Thank you for your understanding.”

L. Doyle Sr. Warden Wayne Scott Unit responds:

“Investigation of your complaint has found that Ms. Grays, Law Library Supervisor is adhering to the Access to Courts, ATC-034 (Rev.6). No policy violations notes. No action.”

Prisoner filed Step 2 grievance in March 2016:

“My grievance is against the Texas Board of Criminal Justice, NOT Ms. Gray the Law Library Supervisor the individual. My complaint in Step 1 was not resolved.”

R. Pool, Asst. Program Administrator, Access to Courts, Counsel and Public Officials responds to Step 2 grievance:

“Step 1 has addressed your complaint. The Texas Board of Criminal Justice approved a revision to BP-03.91, Uniform Offender Correspondence Rules, on 08/23/13 that states,”… An indigent offender may use indigent postage to send five (5) one-ounce domestic letters per month to general correspondents and five items per week to legal or special correspondents… Funds expended by the TDCJ for postage and stationary for indigent offender’s shall be recouped by the TDCJ from funds later deposited in the offender’s ITF account.” No further action is warranted.”

I was close to seeing parole for my third time. Even if I would make parole, I have no place to go. The half-way houses in Texas want money before you parole there. How am I supposed to pay them if I’ve been incarcerated for the past 4 years in a state that doesn’t pay their inmates to work? I’ve seen numerous people make parole, not have a place to go, and remain here for 15 month after they were granted parole! What kind of sense does that make? But Texas is good with it because it looks like they are using their parole and they are still collecting money from the government for said prisoner. My time for release is coming soon and I have no place to go or any type of plan. I’m more than capable of working, but I need some help getting started.

As of now, several other prisoners and I are having major problems with our grievances not being processed. The reason given for not processing the grievances is “issue not grievable.” One of my grievances was against a Corrections Officer (CO) who refused to issue confiscation papers after taking something from a prisoner. The other one was against another CO who forced me to stay in the day room with my commissary (when it’s strictly against policy). In that grievance I cited such policy and it was immediately (the very next day) sent back to me with the excuse “issue not grievable”. So, I’ve send a letter to the Administrative Review & Risk Management (ARRM) Division Administrator. I still haven’t heard back from them. Still waiting. But I won’t at all be surprised if I don’t get an answer. I know very well how these people work. Please send me some grievance petitions.

In your March/April 2016, No.49 news letter you published an article by a South Carolina prisoner, “One More Doctor Replaced”. Very interesting article. Because here at the McConnell Unit we have a P.A. Erie Echavarry that would do anything in his power to deny prisoners as much medical care as possible. I’ve filed grievances and complaints with the Texas Board of Examiner’s in Austin, Texas. But to no avail. Things have gotten worse, especially for those of us who file complaints against him. You will never see the end of medical negligence. And the worst thing of all is that you will stay stuck seeing the evil P.A. Echavarry. I was told that I don’t have a say in who I get to see.

The Texas Board of Examiners responded that there was insufficient evidence to substantiate my allegations against P.A. Echavarry. I’m not the only one who’s filed complaint’s with T.B.E in Austin, TX against this P.A., and nothing is being done about it. Is there anybody that you can refer me to that can help me in regards to this matter?

I was at the Connally Unit. I know how bad the food is over there. Here at McConnell is no different. The food is 100% inadequate. While we are served casserole about 98% of the time, which is mainly noodles more than anything else, the officers are fed ribs, fried pork chops, chicken, or chicken fried steak. Some days they eat Mexican food such as chalupas. This is even though the law is that they are to eat what we prisoners eat. With the exception that the chicken be baked or fried, the same with fish, and chicken patty, or burrito etc.

But it’s very rare that these officers eat what we prisoners eat. It is a known fact. On my next letter I will try to have documentation to send you to this matter.

I try my best to fight these injustices, even filing “Citizen Complaints” with the Ombudsman. But lately, either the Ombudsman is not taking into consideration the complaints that have been filed with his agency, or here at the McConnell unit they are disregarding them. I helped a friend file one through one of my nieces, Which he hasn’t heard anything of yet. It’s been already 2 weeks now. Well, i think this will be all for now. Until next time.

First of all, thank you for your work on the behalf of prisoners here in Texas, as well as everywhere.

I wanted to inform you of a trend I’ve noticed here in my unit of ignoring our rights when going through disciplinary procedures. When we are being charged with a violation, we are ordered to sign on the place to waive our rights to a 24-hour notice of our hearing. We are also not given an opportunity to circle an option to attend our hearing. Both of these are rights that are being ignored. The cases are then run with no opportunity for us to speak in our own defense. (See documentation.)

Furthermore, when a grievance is written, at both Steps 1 and 2, they are returned with no investigation done and a standard answer. (See documentation.) Note the X’s where I am ordered to sign, the absence of me circling that I did or did not want to attend my hearing, the almost word for word similarity of the Step 1 and 2 answers. Also, on the second report they circled no to show that I declined attending, but I did not circle “no.”

Just thought your readers might want to be aware of what they face. I would still like to receive a Texas Activist Pack as I am using a cellmate’s and he is leaving. Thank you.