Federal Prisons

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.

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)

As of right now here at Federal Correctional Institution Waseca, we are flooded with Suboxone, so those articles in ULK 77 really hit home. It is the K2 more that keeps this compound going. We do have 1% of our population on the “MAT” program, where a few of the females here go and get their monthly fix of Suboxone and continue their stint, nodding off at random places.

Another major issue here is that our grievance process here is a joke. Everything gets denied and in D-Unit, the programming unit, the ladies have constantly got cursed at when requesting the first step or any of our administrative remedies.

I have spent over 10 years in Texas prisons (TDCJ). The way the BOP is falling apart, except that Texas doesn’t pay their prisoners, it would probably be better down there than here. We have no mental health services, women report suicide ideations and nothing gets done, stating a shortage of staff. The Unicor sweatshop is mandating overtime for 7AM-8PM and most Saturdays.

Hello, there is a notification for the Prison Rape Elimination Act(P.R.E.A.) auditor which states that we may mail them P.R.E.A.-related letters free of charge and to request our Jail Administration for a private conversation. This caught my attention because there’s been incidents that are relevant that I’ve been trying to talk about with someone for 3 years now. It’s such a hard thing to do when attempts to do so are so frequently thwarted.

I have had my P.R.E.A.-related mail returned to me and was denied (at first) an audience with the P.R.E.A. facility auditor when she visits in June. I honestly figured this would happen to me (again), so I kept very accurate records of everything. Even one of my P.R.E.A.-related grievances was denied. So much for Zero Tolerance, right?

This is the beginning of my writings. I also want to reach out to the A.C.L.U. I’m waiting for my lawyer to come on Thursday as well as the facility auditor in June.

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.

Hello, I’m a little behind in writing to you all, but I’ve been very busy here lately. This CoreCivic facility is a complete joke, and I’ve been helping several other prisoners file grievances to expose the many First Amendment violations occurring here. Both mail rights and religious rights – amongst a plethora of others – have been under attack by the administration, creating a wide range of negative effects, including anxiety and animosity between both prisoners and staff, fueling addictive habits and behaviors, and out-right violence.

In the month of April, both Muslim prisoners celebrating Ramadan and Jewish prisoners celebrating Passover were openly discriminated against by staff, some nights not being fed until the middle of the night, if at all. Non-Muslim/Jewish prisoners were fed at a normal time, and Easter was not interfered with at all. The entire facility (well, one “compound” at an all-level 3 facility) was locked down for the entire period, and when prisoners asked to speak with a shift commander or other ranking officers, they were told by low-level (and low-class, low-intellect, low-moral, etc…) C.O.’s that no one was available and that they were instructed to ignore Jews & Muslims. Some C.O.’s even yelled derogatory things at prisoners locked in their cells, further exacerbating an already chaotic situation. Many grievances were filed in order to document these abuses.

The broader First Amendment issue here involves mail. All mail here has been photocopied (poorly) for nearly 6 months, despite the regulation clearly stating the policy as only allowing photocopying all mail for 3 months. The Security Chief here – a ___ if I’ve ever seen one – insists he can do anything he wants. I can assure you, security is being undermined by this policy.

First of all, the levels of violation here has skyrocketed in the past 6 months, far beyond anything I’ve seen in my 8 years at this facility. Although this is technically a Level 3 (medium) prison, most of the population actually have Level 1 or 2 points, and are overridden to a Level 3 due to length of sentence or other factors. However, “security” has been tightened to a degree that is so restrictive many prisoners are simply “snapping”.

No one can get a photo or card, much less a handwritten letter, from family or friends. No meaningful programs are available. Units are difficult to schedule. Rec is apparently optional and random. And now these clowns are separating the facility into a “high” and a “low” side, but the short-staffing here, not to mention incompetence, is making everyone act out. Not good for “security”.

Oftentimes mail, when it is actually allowed (even the copies) is misdelivered to the wrong cells, or even the wrong units/pods. This creates an entirely different security problem, exposing the names and addresses of prisoners’ families to other prisoners, who aren’t always decent people. Not to mention the obvious exposure of sensitive information in letters or other mail (I’m sure some snitch would love to get a hold of my ULK!) All of these “security measures” are ostensibly intended as a response to the “spice epidemic” in prisons, however, nothing is being done about the minuscule percentage of prisoners receiving contraband. The mail room is more busy photocopying and searching for what might be the shadow of a nipple in a magazine or photo than they are looking for drugs. Isn’t the purpose of a mailroom to look for actual dangerous contraband? So why do they get a pass on not finding the actual dangerous contraband supposedly coming in?! BTW, nothing at all is being done about the cops who actually bring drugs in; don’t worry, they’re blocking all the mail…

These are just a couple of examples of the many issues here at BCCF. CoreCivic is a cancer that needs to be cut out of the tumor that is the mass incarceration system. Eben though Colorado DOC has a “Private Prison Monitoring Unit” (PPMU), the head of that unit at this facility recently got bought off (officially – he’s been carrying water for CoreCivic for years) and is now the Chief of Unit Management here at BCCF. No conflict of interest there, right?

This is my first issue of ULK (#77) and I am writing in regards to the Suboxone and drug use within the prison system here in Maryland. K2 and Suboxone are in high demand. They are the most popular of all of the drugs here. I would say Suboxone is the most popular because of the “trips” that come with the K2. It is my belief that they allow drugs to come in for the money. They get the money for the urine test, for the search task forces and the intelligence agents they use to combat the contraband problem. And when they get the money, it’s misappropriated.

A recent example of this was the wine sniffing dogs. It was a big deal, it was all on the news. They played it up as alcohol was such a big problem so they needed these dogs. But the crazy part is that I have never seen a dog come through sniffing for wine. So where did that money go? Honestly if a prisoner is making wine, he doesn’t have a lot of places to stash it anyways. So there’s really no use for the dogs in the first place. It’s all for the money. The prison staff are just making shit up so that they can steal the money.

Now speaking on the statement made by the person from Allred’s RHU, with the increase of contraband came a decrease in unity. That is one of the major effects of capitalism; division. Not only will debts drive a wedge between debtor and supplier, but the competition between the peddlers will create a divide because each dealer wants to monopolize the sections. This will create beefs between gangs and organizations. Then the increase in violence will only justify the prison’s request for more money from the state. It’s the same way on the streets, the prison system is just a microcosm of the streets.

Now let’s talk about the drain of ambition as an effect of the drug. No longer will the prisoner seek self-developmental programs, nor will he choose to blow the whistle on the prison system’s injustices. He becomes content on doing dead time, with his Xbox, T.V., and tablet. There are many issues that spawn from drugs. This is just the tip of the iceberg.

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.

I was impressed with the research behind the articles about Suboxone in ULK 75 and 76. I first heard of this substance four years ago when individuals showed up on the yard (at Richard J. Donovan) that were using it. Someone I associated with informed me that it was like methadone and that it was highly addictive. I know that guys here at California Medical Facility are using Suboxone whether it’s prescribed to them or not. In fact, illicit drugs of all types are available here, even during the quarantine lockdown when there were no contact visits allowed!

Also, this facility is holding a food sale to “raise money for the Special Olympics.” The offering of a chicken sandwich, potato chips and a cookie for $22.00 doesn’t seem like a good deal to me. Especially considering that only a small percentage would go to the Special Olympics and that 10% goes to the “Inmate Welfare Fund”. Is this a scam or what!?

An article in San Quentin News on a similar fund raiser reads:

“Prisoners spent $63,000 with 10% of the profits going to a charity.”

I see these sales as another scheme to extract money from prisoners and their families and friends and that the real benefactors for these “charities” are the CDCR.

There is another article in the same newspaper on the GTL tablets that are being pushed on us. I’ve read some of the specifications for these tablets and they are of course cheap pieces of crap. They are entirely dedicated to make GTL money pure and simple. How do companies like GTL get away with it? Here is some key points from the article:

"GTL is the phone service provider for all CDCR prisons…. According to Prison Legal News (PLN), GTL has had to pay out millions of dollars to settle lawsuits over the years for alleged violations of the Telephone Consumer Protection Act of 1991 (TCPA).

"In October 2020 a New Jersey judge approved a $25 million settlement agreement between GTL and New Jersey prisoners who paid up to 100 times the actual phone rate between 2006 and 2016, according to PLN.

“The company has also been sued for charging unlawfully inflated prices for collect calls made by incarcerated people throughout the U.S.”

MIM(Prisons) adds: We whole-heartedly agree with this comrade’s assessment of these money-making schemes. We call this extortion, prisoners are forced to pay higher prices for things because there is no other option for them.

The Chik-Fil-A sandwich with waffle chips and a cookie that CDCR was charging $22 for is about $8 on the street. They’re charging prisoners almost 3 times the normal price! If $2.20 is going to charity, where’s the other $12 going?

For more on the topic of tablets, see “A Strategic Objective to Disrupt and Surveil the Communication Between Prisoners and Our Loved Ones” in ULK 76. The article on GTL tablets claims they offer “secure email”, which is a joke because we know GTL and CDCR staff can read anything you send on those things. In other cases, companies have charged prisoners for things like ebooks that are free in the public domain. GTL loves it because they charge prisoners extortion-level subscription fees for very restricted content, and CDCR loves it because it increases the ease of surveillance. The article also promotes the tablets as pacifiers, like suboxone, to keep the prison population docile.