Hello, I am contacting you on behalf of Gwinnett County prison
population in Georgia. I have started a lawsuit about major
Constitutional violations and denials that happen here daily. We are
currently accepted in the 11th District, Northern District of Georgia.
Our civil action # is 15-CV-00123-AT-JCF.
We are looking for attention from the media to help spread information
on the blatant disregard Gwinnett County Detention Center has for the
United States Constitution. The defendants in our case are Sheriff R.L.
Butch Conway, Colonel Don Pinkard, Major D. Hughes, Corporal Campbell,
and Gwinnett County Detention Center.
The jail’s rules on restricting prisoners from watching world news on TV
during recreation, “free time” as it is called, is a denial of our First
Amendment rights to freedom of speech and association, and freedom of
the press or the right to access to the media.
The jail’s “postcard only” policy restricts the prisoners from receiving
incoming letters in envelopes, which severely restricts correspondance
with our families. This constitutes a violation of the right to freedom
of speech and association under the First amendment of the United States
Constitution, violating the First Amendment rights of all prisoners at
the jail, and all of their correspondents’ First Amendment rights as
well.
The jail’s policy of returning mail and publications, whether world news
print media, books or magazines, or incoming letters, and not notifying
the prisoners or the senders until after they have already been
returned, without giving us and all other correspondents an opportunity
for redress or to grieve the issue, constitutes a violation of all
prisoners’ and all their correspondents’ First Amendment right to
petition for redress of a grievance under the First Amendment of the
Unites States Constitution. It also violates the prisoners’ and all of
their correspondents’ right to procedural due process under the
Fourteenth Amendment of the United States Constitution. It is also a
violation of deprivation of liberty, or property without due process of
law under the due process clause of the Fifth Amendment of the United
State Constitution.
The “postcard only” policy is a denial of the prisoners’, and all of
their correspondents’, right to expectation of privacy. This constitutes
a violation under the Fourth Amendment of the United States
Constitution, as well as the right to equal protection of the laws, a
violation under the Fourteenth Amendment of the United States
Constitution.
The denial of grievances by stating that the “grievance is unfounded,”
and then not having an appeal process for the grievance, denies us the
right to redress of grievances and constitutes a violation of our
procedural due process right under the Fourteenth Amendment of the
United States Constitution.
This is just the start of 150 pages of the current lawsuit pending
against Gwinnett County Detention Center for violating our First
Amendment rights, the due process clause of the Fifth and Fourteenth
Amendments, as well as the right to privacy under the Fourth Amendment.
MIM(Prisons) adds: In our experience fighting censorship in U.$
prisons, it is clear that county jails have some of the most blatant
violations of prisoners’ rights and United $tates law when it comes to
handling incoming mail. Gwinnett County Detention Center’s policy of
allowing postcards only, and only if they are sized 4x6” or 5x7”,
definitely does not satisfy the reasonableness test laid out in
Thornburgh v. Abbott. Marin County Jail in California and Hampton Roads
Regional Jail in Virginia are examples of county-level facilities in
other states where censorship is blatant, illegal, and has almost no
recourse.
California is implementing (and probably beta testing) a program called
Prison Realignment which is purportedly a response to the overcrowding
in California Department of Corrections and Rehabilitation (CDCR)
facilities. Under Realignment, money is allocated to the counties to
provide services and “housing” for state prisoners. Many advocates for
prisoners’ rights would like to see this money put toward rehabilitative
services, and in some counties they may get their wish.
How it’s playing out in real life, though, is that more prisoners are
being moved to county facilities which are operated more like state
prisons, and California is leasing space in privately owned prisons. In
both cases, there is less accountability than state prisons. Often times
(and on the whole in private facilities) censorship and other conditions
of confinement are even worse than at the CDCR level.
While California moves more toward county-level imprisonment, we
anticipate we will face more challenges with censorship, as is happening
at Gwinnett County Detention Center. If this prototype “works” for
California, we wouldn’t be surprised to see other states move in this
direction.
We encourage prisoners everywhere to get involved in fighting censorship
when it happens at your facility. This is critical for those interested
in anti-imperialist organizing, as it is revolutionary literature that
is most frequently denied to prisoners, making our educational work
particularly difficult.