Texas Prisons

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)

With just a month remaining before the first series of actions around the Juneteenth Freedom Initiative, we have received reports of repression of activists by the Texas Department of Criminal Justice(TDCJ).

One of the hearts of this campaign comes out of the brutal Allred Restrictive Housing Unit(RHU) where people have spent decades in isolation. We’ve recently learned that one organizer at Allred hasn’t received half a dozen letters we’ve sent em over the last few months. Eir outgoing mail is also delayed or gone missing. This mail tampering is illegal. We wrote the warden of Allred to stop this censorship.. If he doesn’t stop it, we know this political repression is intentional from the top of the TDCJ to suppress our boycotting of Juneteenth.

We are asking others to join our letter writing and postcard campaign in support of the rights of MIM Distributors and these activists in Allred to freely communicate. The pdf below can be downloaded, printed on card stock and cut into four postcards. Then you can ask people to sign them, put a postcard stamp ($0.40) on them, and drop them in a mail box. Over the next couple months we want to show TDCJ that people outside are paying attention and supporting the Juneteenth Freedom Initiative. This is one way to do that. You can also call Warden Jimmy Smith @ (940) 855-7477 (**069).

Stevenson Unit in Texas has also stepped up censorship related to materials about the Juneteenth boycott. The TX Team One Primer was censored for the reason:

“Page(s) 4 contains information advocating prison disruption.”

Prisoners are very limited in what they can do when their grievances are ignored. Most actions will lead to repression. A boycott is the most passive action. There are no calls to violence nor do the plans threaten security in any way. Just a peaceful demonstration of solidarity, demanding some basic humyn rights be applied in Texas prisons. Yet this is being outlawed by the state.

Even worse, in eir most recent update, one comrade in Stevenson reported that:

“last night I was placed in handcuffs and marched off to solitary confinement, the place from where I currently write. I woke this morning to find I’m being charged with 2 new rules violations: 1) Attempt/threat to assault a correctional officer and 2) Assault of a correctional officer.”

There was no assault. In fact this comrade is not even supposed to be housed on the second floor because of eir health conditions. Ey believes this is retaliation for the appeals ey filed against the censorship of literature sent by MIM Distributors. Meanwhile, MIM Distributors was not given the opportunity to appeal, and only received the final decision from TDCJ.

As our comrade in Stevenson Unit so eloquently concluded,

“They will never succeed in snuffing out my flame and their attempts to silence the truth only causes it to roar even louder! They cloak themselves in legitimacy and the trappings of power because deep down they know they are weak and the system is crumbling – to be swept aside along with all the silly liberal reformers and we build a better world over their ruins, a new society based on equality and respect and compassion and truth and justice and”love" – a human society fit for fully involved and determined human beings at peace with themselves, each other, and the world around us."

Organizing is spreading around the Dillard v. Davis, et al. Civil Action No. 7:19-cv-0081-M-BP lawsuit against the Texas Department of Criminal Justice’s use of long-term solitary confinement. Prisoners held in Allred Unit, ground zero for the Restrictive Housing Unit, and Michael Unit have filed motions to join the class action suit.

A comrade in Stevenson Unit wrote to say that there are only 12 restrictive housing cells there and they are only used very short-term. But ey is sharing the motion and other campaign materials with contacts inside and outside to support those in RHU fighting for their humyn rights.

Shutting down long-term solitary confinement is one of the key campaign demands of the Juneteenth Freedom Initiative, calling for a boycott of Juneteenth until real freedom is attained in this country. The lawsuit points to the irreparable harm on mental health caused by long-term solitary.

Anyone who is in a Restricted Housing Unit in Texas can use the linked example motion to join this lawsuit. The motion should be sent to all three addresses listed at the end of the attached PDF. Please download and distribute to those you know in Texas torture chambers!

28 May 2022 UPDATE from Tx TEAM ONE member - Telford Unit: I have submitted my interest in becoming a co-plaintiff to all inhumane conditions in all Ad-Seg/RHU buildings, especially on this unit, and the inhumane/treatment and living conditions endured by all alleged STG prisoners. Because for almost forty (40) years, those of Us that are considered STG’s have been in these living conditions.

I have already written to the Eastern and Northern Districts, United States District Courts. And I have also written to the United States Department of Justice.

Greetings Comrades.

Imagine a lawsuit attacking the constitutionality of the Texas Parole System being filed in every U.S. District Court in Texas, by 100 or more prisoners. Well this is exactly what the Khufu Foundation is attempting to do. However, it can only be done with MASSIVE Prisoner participation. The Texas Legislature does not meet again until 2023, and any hope of them changing this system is slim to none. Thus, it is up to the Prisoners to effect a change.

For the prison system to function constitutionally, there must be a system in place that works. The continuous rejection of parole based solely on the commitment crime does not justify the denial, and is constitutionally unacceptable. Thus, the Khufu Foundation is calling on those hundreds of prisoners who have been repeatedly set-off for 1D and 2D, SERIOUS NATURE OF OFFENSE and CRIMINAL BEHAVIOR PATTERN to file Civil Rights Lawsuits for Declaratory and Injunctive relief.

Every human, town, state, and country has a History. History is a fact that can never be changed, but redeemed. What is rehabilitation? It is a redemption of a past history of conduct. The Texas Legislators claim that incarceration “is the punishment” for the crime committed, and the parole system is the rehabilitation. Yet, without a workable parole system, without the intervention of “Board Members”, a prisoner is continuously punished by the system which is unworkable. The fact is, the Texas Parole Board needs to be dismantled and replaced with a workable Parole System. The Khufu Foundation has compiled a Template Lawsuit based on the following, along with a Memorandum of Law:

“While the U.S. Supreme Court has not defined the minimum process required by the Due Process Clause for a denial of parole under the California system, it made clear that the requirements were satisfied where the inmates were allowed to speak at their hearings and to contest the evidence against them, were afforded access to their records in advance, and were notified as to the reasons why parole was denied.” – see Pearson v. Muntz, 639 F.3d 1185.

I am the Plaintiff in the lawsuit against members of the TBPP, as well as the litigator in another cause against them: Hicks V. TBPP, 6:22cv134 Armour V. TBPP, 6:22cv33 in the Eastern District-Tyler Division. This is an update to enjoin each of you who read this and have received multiple set-offs to file your own lawsuit and/or file motions to join these. Also, know that there has been an order to Replead issued in Armour v. TBPP with the Court alleging that TBPP is protected by the Eleventh Amendment. Thus, I urge you to name Chairman David Gutierrez and Rissie Owens as defendants.

I will be arguing that the TBPP is not protected by the 11th Amendment in light of the Ex Parte Young doctrine, which states:

“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)

Next, please find enclosed my letter to the Court in F. Martinez, et al., v TBCJ, et al., 3:21cv337. Please send a copy of my letter along with my name to the Plaintiff in this cause for it is very important that he not settle unless he gets something in writing from the Court. TDCJ will rock one into believing they are going to do the right thing; and they will do the right thing for just long enough for you to think all is well until one of their people violates someone then you find out there is nothing in writing that binds them. Examples: Ruiz and Brown.

The Khufu Foundation is currently seeking to hear from those who have been repeatedly set-off, and is asking them to file this lawsuit. If you would like a copy of this lawsuit, send a SASE and 3 stamps to:

MIM(Prisons) adds: We do not know anything about the Khufu Foundation and cannot vouch for them if you choose to send them stamps. However, this campaign for parole reform is in line with some of the demands of the Juneteenth Freedom Initiative and we thought some of the legal strategies herein might be useful to others. We are not lawyers. We are revolutionaries.

As revolutionaries MIM(Prisons) does not spend time working for parole reform. We do work to build independent institutions such as our Re-Lease on Life program to help comrades be successful and stay involved in the struggle when they are released. If you have an upcoming release date or parole date, it’s never to early to start working with us.