Texas Prisons

Hey fellas,

I got a correspondence letter from y’all a couple of weeks ago that was denied for “contents which would incite a disturbance”. First, I asked if the letter was “Media Correspondence” and the chick said “yeah”. So I’m like “Who denied it and why was it opened without my presence?” Of course, she didn’t want to give no name – neither hers or of whoever denied it. So I refused to sign. I did try to appeal, but after refusing to sign I’m sure they just threw it away. So I don’t know if you’re acknowledged as a media correspondent or not, or if they got you some kind of watch list. I know what policy says and if they do it again I’ll grieve that ass hard. I’m sure you been banned ever since you got those Texas Pack’s out. They won’t let that in, or any regular mail you send. But it’s too late.

I did all I could and spread the word in the Allred law library – shit was a hit. They (TDCJ) call it inciting a disturbance, but we all know that it’s all the information we should be entitled to have to fight the negligence, abuse, and misinterpretation of state and federal laws. This unit has a loooong history of violating its own policy and civil rights with impunity. The grievance department, to medical and everything in between, is set up this way. People like me who are in the know and work to expose the corruption are either shipped elsewhere, or if they don’t have outside help, are “rolled” off the unit with an ass whoopin and/or false charges. They do this to protect the “overall safety and security of the institution” that they have going.

I’ve only been here since February 2022 and have been either a witness or victim of every violation but murder. My biggest gripes were that the P4s (safe keeping G4) are religiously discriminated on and refused worship services unless they are of the mainstream faith. The trans-women have no privacy screens to cover their breast in the shower areas. Exposing them to voyeurism when there is no “exigent circumstance”. P4s are stuck in the cell during the peak heat of the day, even the hottest of days, everyday. Respite, and respite showers do not exist during such times. Cold water is only offered if they are lucky enough to have a janitor there to pass it out. The cops sure as hell ain’t doing it. It’s fucked up. I just got off that custody but I still feel for ’em and want to help cause I’ve never seen such animosity and neglect towards a population. There are only a little over 30 P4s on the unit, almost 1/2 are trans women. They should be protected, but instead are targeted. That’s bout all I got for now.

Please hit me back when you can.

Revolutionary greetings to u all! We hope everyone is prepping for the upcoming action(s) of Juneteenth, and otherwise doing well. Comrade FireWater posed a question, “How can i help Tx TeamOne with a class action suit to have Our grievances heard or to get independent oversight of the grievance system?” i’ve decided to share Our answer with all of you as it may be helpful to the Tx lumpen populace at large.

In the past few months, Tx TeamOne’s founding committee has been forming working relations with a few liberal and petty bourgeois groups for progressive improvements within the Texas Department of Criminal Justice (TDCJ). These groups include some elected officials, christian sympathizers, lawyers, radio personalities, and policy groups.

One such group is Tx Prison Reform (TPR), with whom one of Our founding committee members was able to conduct an extensive interview, establishing the basis of Our and the prison masses possible working relationship with this group. The interview will be published in their monthly newsletter and We hope to share it with u all as well. TPR is focused on the destruction of Restricted Housing Units (RHU), but is also collecting grievances and other forms of documentation to showcase the foul nature of TDCJ.

Many of u may be familiar with Tx CURE. If so you’ll know the Tx branch has been M.I.A. for awhile, but now has been reorganized by a recently released TDCJ ex-prisoner. This persyn was a leading figure behind the RACK II air conditioning lawsuit. Ey hasn’t established an actual mailing address but we have the help of a family law attorney who’ll send mailings to the head of Tx CURE. Right now, We’re looking for documented complaints regarding major issues in TDCJ. These grievances will be read in front of and by the Tx legislator at the next session. The persyn from Tx CURE will be persynally speaking on behalf of Tx inmates.

The issue of the grievance process is not a new one to us nor the state officials. The grievance system in Tx and in fact many prison systems around the country were the direct result of the Ruiz Litigation (Ruiz v. Johnson, 37 F. Supp. 2d 855 (S.D. Tex. 1999)), and since it was instated the same issues have been present. Accompanied with your grievances you should write an official statement which may also be read for/by the legislators and others. This statement should articulate the need for independent oversight of TDCJ grievance system, and make specific reference to Representative Jarvis Johnson’s 2019 House Bill which called for said oversight but has never been heard by the House. We want the 2019 House Bill 363 heard and approved by the Texas House of Representatives.

Other key points of emphasis are the excessive censorship and mail tampering and its socio-political nature. With the recent escape & man hunt We’ve found that censorship due to supposed security threats has picked up. MIM materials have been the target of much excessive censorship.

For those who don’t know the demographics are slowly but surely shifting. Due to national gentrification, the thriving industries in the state, and no state income tax, among other things, Texas is becoming younger, darker, richer, and slightly more progressive, particularly among youthful citizens. An essential contradiction in Tx is that of the rural vs. urban population and the culture wars, and fight for resources this intensifies. Urban populations tend to be darker, more liberal/progressive (not revolutionary though) and lean left of center on prison issues among others. Bernie Sanders’ organization “Our Revolution” has been pushing campaigns by petty bourgeois, Democratic Socialist elements around the country for the last several years and now this present election cycle they have several candidates who’re challenging the districts of the old guard Democratic Party establishment. These districts are in both rural and urban areas but mostly rural, which if successful will shift state electoral bourgeois politics for the next decade or so.

A key point of emphasis for these so-called New Left Democrats is Prison Reform. This will open organizing doors for revolutionaries within the walls and those who support us.

i share all this because elements from the New Left Democrats and some from a more moderate approach have championed and made possible a new committee to ‘Study Tx Criminal Justice Issues.’ They’re excepting documentary information from now until October on a wide range of issues covering initial interaction with police, to jail policies & conditions, Grand Jury issues, sentencing, and finally prison conditions. Below i will include their addresses along with those of the lawyer, and the groups i mentioned have been establishing working relationships with.

p.s. We’re also happy to announce the present development of a Tx TEAMONE committee in Smith Unit.

i hope this information is useful.

Dear MIM:

I’m writing to advise of a need for you to publish in your next issue a NOTICE FOR ALL TEXAS PRISONER ACTIVISTS concerning censorship of TBCJ-and-TDCJ policies (n.b.:The State-level Prison bureaucrats of Personnel) against the prison population and outside communities. This censorship practice is designed to keep the public relations of peoples who are incarcerated in ignorance and from having incarcerated people’ loved ones and friends in a DISADVANTAGED PHASE-AND-STATE-IN-NATURE when attempting to learn the proper information and steps to address the situations and problems arising outta the medical-and-mental health or prison conditions. The prison population needs to know of this. It seems that only certain information we’ve made/or ordered to be omitted from being accessible or available at the central-level and unit-level law library room Department’s list of in-stock holding items on their shelf.

The following is the list of items that the central-level and unit-level personnel does not want us to learn about with respect to TDCJ procedures and rules:

1. Grievance Operations Manual
2. Operations for Mailroom Manual *
3. WSD Recreation Program Procedures Manual
4. Departmental Policy and Operations Manual
5. Food Service Procedures Manual
6. Safe Prison/PREA Operations Manual
7. Access to Court Procedures Manual *
8. Substance Abuse Treatment Operation Manual
9. Sex Offender Treatment Operations Manual
10. Unit Classification Procedures Manual
11. TDCJ Intake Procedures Manual
12. TDCJ Records Detention Schedule
13. TDCJ Property Procedures Manual
14. Operational Review Manual
15. Unit Classification Plan *
16. Restrictive Housing Plan (n.b.: This Plan is not the same as The Manual) *
17. Security Threat Group Plan
18. TDCJ Volunteer Services Plan
19. TDCJ Suicide Prevention Plan
20. Operational Strategic Plan
21. TDCJ Administrative Plan for Capital Improvements by Donor Groups
22. Chaplaincy Department Manual *
23. Safe Prison/PREA Plan *

Comrades! The Procedures/Operations Manuals and The Plans are not the same. The manuals will provide the prison population all the ins-and-outs and references of all federal and state statutes or laws pertaining to the subject-matter in question. Starred items above are items made-and-available for the prison population to inspect and review.

I write this in an effort to educate and bring into understanding one successful method of overcoming malfeasant administrators at their own game when they write a fraudulent disciplinary case on you – even though your actions fail to fulfill the elements of the charged offense while the Agency staff lie in support. Utilizing the Time Lapsed Video (TLV) camera footage evidence when cameras are installed on your unit.

In brief: After gaining authorization from the Floor-Boss I zipped upstairs to another cell, delivering a legal document (E.D.-02.01 TDCJ Ethics Policy) to an inmate. Within six second, I was back on the One Row Run. The units O-3 (warden) confronted me upon my coming down ordering me to return to my cell (we were being let out to go to showers).

In the course of returning to my cell of assignment, I encountered the Floor Boss going the other way. I asked him to inform 0-3 that he had given me permission to deliver the document to another cell as we passed each other. Three seconds later, this 0-3 came up from behind me grabbing my wrist and puts handcuffs on me while proclaiming “I’m tired of you ‘Mother Fuckers’”. While walking me the rest of the way to my assigned cell: the 0-3 yanked the cuffs backwards, forward and side-to-side in efforts to get me to go off – too smart for the 0-3: I didn’t go off.

I immediately filed a grievance against this 0-3 for Non-Provoked Aggravated Excessive Use of Force, implementing penal codes, PD-22 Rules, and E.D.-02.01 “TDCJ Ethics Policy” standards in slamming this malfeasant warden.

Nine days later: following the 06-01 “Grievance Investigation Sheet” was presented to this 0-3 the warden initiated disciplinary charges against me claiming that I was Out-of-Place and Created a Disturbance. Yeah, done in retaliation. Success demands that I be found guilty; and my Grievance was shot-down by the unit’s 0-2 warden.

Thirty four days after the occurrence (the time limit is 30 days) the administration illicitly ran this disciplinary case – taking four & 1/2 hours – where the C.O. I called as a witness in my defense was blatantly compromised (suborned) by the 0-3, the charging officer. on camera in front of me and several others.

After a 30 minute conference with the Hearing Officer: The C.O. came and got me to return to the hearing officer’s office. Where the C.O., of course, lied while supporting the lies of the 0-3’s that ensued.

At the hearing as well as in my grievance I repeatedly gave notice that the TLV, when viewed, will show absolute support to all my standings while revealing the malfeasance of this 0-3. At no time did the disciplinary hearing officer view this TLV footage evidence. The video was acknowledged, yet, misrepresented by my counsel.

Of course I was found guilty, maxed-out on the punishments, G-5ed, and then I was shipped to another unit. Being the hardheaded individual that I am, while knowing I am not guilty of the lies I was charged with, I filed in the local Judicial District Court for an injunctive order and successfully gained an order from the court directing the TDCJ’s Executive Director to ensure that the TLV footage evidence of the occurrence; with the suborning of the C.O. video, be preserved and not done away with. The Court bench warranted me for this action.

By the time I finished processing back into the TDCJ the disciplinary hearing’s guilty finding was – miraculously – overturned. Who’d of thunk!?! Presently, in that same District Court, I have filed a Cause of Action against the TDCJ Agency for retaliation. Naming each person involved in this fraudulently run railroading of that case premised solely on lies and retaliation. Naming each individual as “Persons of Incident.”

You see, all too often, the TDCJ Agency will: in the course of “Taking Case of Our Own,” intentionally ignore the TLV footage evidence. Herewith, I have figured out how to force them to acknowledge the video footage evidence as well as achieving accountability for their illegal conducting: getting liability to duly attach on their heads.

The TLV cameras are there to record the truth. I here have opened the door so many have overlooked. Use the cameras to reveal their malfeasance in office. For a small donation I am certain that MIM will be glad to forward a printing of the TDCJ E.D.-02.01. The Ethics Policy is an extremely powerful Executive Directive when quoted in your grievance. It scares them so much that they removed it from the Law Libraries Holding’s list back in 2015.(1)

^{notes: 1. for a list of documents not being provided on the law libraries holdings list, see Censorship of TBCJ, TDCJ Policies, Procedures and Rules}

Dear MIM:

Your last three mailings were denied by the mail room. The Last one, received on 5/25/22 stated “Denied: one letter. Content inciting a disturbance. DRC – non appealable list (offender cannot appeal).” The next two denials arrived on the same day (6/6/22): “One newsletter and one packet. Contains content inciting a disturbance.” I did appeal these last two decisions.

Apparently, when a prisoner attempts to assert his rights, the mail room calls it “inciting a disturbance!?” These are the same racist dogs who can get away with denying me a photograph of my ten-year old nephew who was innocently posing while making some silly hand signs, calling that “gang related.” The kids are being kids and their hand signs have absolutely nothing to do with gangs! Had it been white kids posing in similar fashion, instead of calling it “gang-related,” these racist mail room employees would’ve called the photograph “cute.”

These are the same racist muthafuckers who loved it – and applauded – when that comic figure (D. Trump) was separating all the kids from their parents at the border, you know, that as long as it is not their kids who are being treated so inhumanely, they obviously do not care about our kids, right!? And what’s so fucked up is that when the white ‘lady’ who delivers the denial papers arrives to our cell, she pretends like she’s really upset that I would even want to receive these MIM publications. She practically turns her back on me as if I were being so un-American, or something!

But I have news for her, and anyone else of her ilk. I don’t want part of any system that snatches babies out of the arms of their mothers, or a system that allows their police forces to murder people of color with impunity, while these same fuckin’ cowards refuse to enter a school where kids are being massacred! And while the trigger-happy cowards are quick to murder unarmed civilians, none of the recent sick and deranged school shooters (or other mass murderers) have been killed by police! Why not? Because the cowardly police officers were “too scared” and chickenshit to engage the “active shooters.” Plain and simple. And each time these police officers take the stand at someone’s trial, where they will lie and perjure themselves (as they are wont to do), they will recite their “highly trained” credentials, but where are all these “highly trained” credentials when the little kids in a school are being massacred and need help?

And their “exceptional training,” without fail, goes out the window when these same police officers take the stand, not only do they (conveniently) “forget” vital details during vital parts of their trial testimony, they lie about who handled what piece of evidence, whether or not they used gloves to handle the evidence un-dated and un-sworn “supplemental reports” appear out of nowhere to “assist” these liars and “refreshen their memories” etc. And as the famous attorney Gerry Spence once remarked (an attorney who has practiced law for over 50 years), he has never been involved in a case where police did not lie or plant evidence, or engage in some other illegalities, in other words, like me, he has never met an honest cop! And like me, he’s not saying they’re not out there, I just haven’t ever met one.

MIM(Prisons) adds: Outside supporters, please join our campaign to protest censorship in Allred RHU. This censorship has ramped up in response to prisoner organizing. This is politically-motivated repression and it is illegal. You can call, write a letter, or better yet print out our postcards and get others to sign them to let them know what’s going on in Texas prisons!

In the week following Juneteenth we have received letters from all across Texas reporting on similar censorship of our mail. We need your help combat these attacks on prisoner organizing and basic rights to communication and affiliation.

As prisoners across Texas prepare to have their voices heard this Juneteenth, the Texas Department of Criminal Justice(TDCJ) has launched an onerous censorship campaign against some prisoners, including many held in the Allred Restricted Housing Unit(RHU). The RHU is a torture unit where people are held in isolation for years, even decades, at a time.

Recently a comrade in Allred reported not receiving the book Chican@ Power and the Struggle for Aztlán. Ey filed a grievance and the grievance just disappeared as if no book was ever sent or censored. MIM Distributors did not receive notification of this censorship either.

In an effort to establish what was going on, MIM Distributors sent a list of mail sent to this comrade on 10 February 2022. It took a month for the letter to arrive. The comrade mailed eir response on 9 March 2022. The letter was received in late May, stamped 23 May 2022! It took TDCJ 2.5 months to mail this comrade’s letter to us. And all it contained was a short note about what mail ey had received.

This is the type of behavior we are calling out in our campaign to stop censorship in Allred. In addition to the Chican@ Power book, we’ve posted reports on censorship of our Revolutionary 12 Steps pamphlet, and the TDCJ’s very own Grievance Operations Manual. We ask people on the outside to write or call to protest, you can use these examples to explain what is going on. If you really want to get involved, download our anti-censorship postcards and start collecting signatures in your area to protest this violation of basic rights.

To MIM(Prisons),

I would like to tell you a problem I am having with the Texas Department of Criminal Justice (TDCJ) between Allred Unit and now at Clemens Unit. I’ll start in May of 2021, when I was talking to a Ms. Carter at Allred who was a mental health counselor. I’ve been a G-5 since August of 2020 and I wanted my G-2 so bad that I asked Ms. Carter about Program Pamio which is a 6 month program where once completed you will get your G-2 and skip the G-4.

When you get a G-5 you have to do a year, then you see UCC and you go to G-4. Well Ms. Carter told me about a program called CMI and she told me it was the same program as Pamio; but she couldn’t tell me nothing else about CMI. I told her I will come up for my G-2 in 6 months and I will be able to to go to the law library and move around. She straight up lied to me and told me yes. Then on 24 November 2021 I made my G-4 at Allred and I have my freedom to move around again after 15 months in solitary confinement. I seen Ms. Carter again in November after I made by G-4 and I told Ms. Carter that I didn’t want to go to CMI, and I wanted to sign a refusal note. Ms. Carter told me all I had to do was tell the guard when I’m called on chain to leave that I wanted to sign a refusal note.

So on 12 December 2021, I seen Ms. Carter again and told her again that I didn’t want to leave Allred and to let me sign a refusal note. She told me the same thing: just tell the guard.

Well on 29 December 2021 I was called on chain to go to the CMI, so I told the guards and they wouldn’t do nothing about signing a refusal. So I sat down and Allred ran a team on me and made me get on that bus.

So let me tell you what I learn about CMI and Pamio program. Both programs are federally funded programs and the state get two checks for each prisoner in the program. Well I learn CMI stands for Chronic Mentally Ill treatment program. But let me tell you the criteria of the program: (A) Offender must be male (B) Custody classification of Restricted Housing (i.e. Administrative segregation, or G-5).

CMI’s purpose is to provide a structured, multidisciplinary treatment program specific for the offender in Restricted Housing (RH) and G-5 custody who require close monitoring due to their chronic mental illness.

You see, when an offender sign for the CMI program the offender is to be moved to the program within 1 month after he signs. So I signed in May of 2021 and in November of 2021 I made my G-4 and December 2021 I was called to the CMI – well that’s when I found out I wasn’t going to be admitted into CMI.

So I arrive at Clemens on 4 January 2022 and I learn CMI was a MH program, and that we’re to be locked in a cell 24/7. Look, if Ms. Carter would have not lied and told me that CMI was a MH program in Restricted Housing – I waited 15 months to get my G-4, do you think I would have signed it? All these rules about the CMI program is in A-08.8 CMI. Now remember what I told you about being a federally funded program: well Ms. Carter already got her bonus for me to sign and didn’t let me sign the refusal note. So on 6 January 2022 they run UCC classification and a Major Sutton, Lt. Garcia, and J. Bristow improperly classified me as CMI L-3/MH which they did just so Warden Gonzales could collect for TDCJ the federal money for me. But here’s the thing: on 7 January 2022, a Dr. Marchant came to my cell and told me I was not admitted into the CMI because I was a G-4, so if I wasn’t admitted how could they classify me as MH?

So anyways Clemens put me into the CMI pod called A-Pod and I was held with nothing but segregated prisoners who were insane and there was not one night I didn’t fear for my life.

Here’s another policy I read on AD-03.50: It is policy of the TDCJ to provide a non-punitive status involving the separation of an offender, which these people have me mixed in with all segregated/CMI prisoners. These prisoners have to complete this program to go back to general population. But I am general population and under safety policy of the AD-03.50 these officials have placed my safety at risk. There is no justification for Clemens to violate TDCJ-ID policy and procedures. It clearly says that Administrative Segregation was only designed for punitive status prisoners. But they only changed the name over to Restricted Housing, which is predominately the same name for segregation.

I have repeatedly requested to be moved to medium custody off this building but all official repeatedly ignore all of my request including this unit head warden and all assistant wardens.

Assistant warden’s name is Ms. Teresa S. Martinez. The Head Warden’s name is Adam R. Gonzales.

This information is also under the Texas penal code 39.04 the violation of the civil rights of a person in custody.

So months pass and I’m still in CMI pod and 30 April 2022 a special classification review comes from Huntsville and see over 200 prisoners that have been in the CMI, but discharged over 2 years and no less than a year. Well I’m discharged, and I go see SCC which is the committee that classifies prisoners. Well I was given my G-2 and told I was to be moved off Clemens the next week. Well between May 2nd through 7th, they moved over 200 prisoners and they were segregated and G-5 and G-4. But since I only had 5 months here they didn’t move me and left me in seg which is CMI. So on 31 May 2022 I go see UCC and they promoted me to line class 1, which is best and G-2 is best just above G-1.

As soon as the first printing of our new Revolutionary 12 Step Program pamphlet landed in prisons across the United $tates, it has been targeted for censorship in both Florida and Texas.

The Florida mailroom staff who seized the pamphlet checked two reasons for impounding it:

“(15)(i)is dangerously inflammatory in that it advocates or encourages riot, insurrection, rebellion, organized prison protest, disruption of the institution, or the violation of the federal law, state law or Department Rules”

and

“(15)(p)otherwise presents a threat to the security, order, or rehabilitative objectives of the correctional system or the safety of any person.”

Since the pamphlet is actively preventing harm to the safety of any person and actively training people to stop breaking the law or engaging in destructive behavior, we must wonder what are the “rehabilitative objectives” of the Florida Department of Corrections.

MIM(Prisons) appealed this.

Texas on the other hand did not give MIM(Prisons) the opportunity to appeal, as required by Federal law, and only notified us of the censorship after the review committee’s final decision, which, like Florida, cited the “Entire publication contain security concerns.”

The reason they cited:

“Publication contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve a breakdown of prisons through offender disruption such as strikes, riots or security threat group activity.”

Literally no reasonable person would think this.

But as we’ve been reporting on, the TDCJ is openly trafficking drugs to sell to the people they imprison. So it is not surprising that they find our efforts to combat addiction to be a disruption to their operations.

It’s also no secret that the oppressor prefers us to be drunk and high, rather than thinking clearly and doing good for ourselves and our people.

Prisoners can help by getting our Censorship Guide and appealing any censorship as the comrade in Texas did. People on the outside can help by volunteering to help us appeal and hold these state agencies accountable. Legal expertise with these issues is also something you can contribute.

I just received ULK Spring 2022, No. 77 and how ironic is the material discussed. A source I regularly use is called Community Legal Information Center and they are stationed in Chico, CA. I have recently requested the TDCJ Grievance Operation Manual and it was denied by the mail room. I put in a well-worded I-60 today asking the mailroom to explain themselves. The PLRA makes our grievances legal proceedings (Access to Courts) and Texas Law and TDCJ Policy both state that TDCJ officials cannot impede or intervene in an inmates legal proceedings. And of course this manual is a public record and government entities cannot operate in secrecy. All government is required to operate with full transparency because We the people create and elect government. Texas Government Code 552.001

MIM(Prisons) adds: This is a followup to our report that the oppressor censored the TDCJ’s Grievance Operations Manual in January at McConnell Unit. We pointed out the long history of suppression of that document in Texas in that article. Now, this report from Gib Lewis demonstrates that this continues to be department-wide practice and unofficial policy. Just as they don’t want prisoners to figure out how to stop using addictive substances, they don’t want prisoners to know how to file effective grievances against their abuse.

In our current situation it is important to exhaust our appeals and legal routes to justice as the comrade above is doing. Yet this whole situation demonstrates that the imperialist legal system is not meant to work for the oppressed. So we cannot rely on the courts to solve our problems.

BP-03.91 is being misused by unit officials.

ATC-020(Rev.4) Dated: May 26 2022

“To be scheduled or request material for/from law library access/in-direct access, each inmate will be required to provide their name, TDCJ number, housing assignment,”work assignment and work hours.” (highlighted in yellow marker) An inmate is prohibited from requesting law library access/in-direct access or law library materials for another inmate.”

So, whoever prepared this notice is forgetting that I am in Ad-Seg/RHU. Or they are just flatly depriving me access to law, legal case citings or material. Please se:: Tex Gov’t Code ANN, Section 552.001-552.029. (Information available under the TPIA)