MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.
After reading your article i was moved to share some insight from persynal experience. Comrade, each locale is somewhat unique, yet there are universal tactics of organizing and consciousness raising that are applicable wherever.
My first word of advice is to be less focused on those who are oblivious. Some elements are comfortable simply languishing while their life is dictated by those outside of themselves or their class. Remember, the amerikkkan experiment creates such a phenomenon and these elements are not individually at fault for their slavish obedience. At least not fully at fault.
Comrade, there is a simple yet profound adage, “organize the resistant.” See, we want to be the mind behind an already loaded gun, not having to load the gun and also pull the trigger. Simply put, observe your peers. There will be rebels in every grouping. This rebellion won’t always be of the revolutionary variety, yet this is why as Maoist, scientific leaders we’re to be the brains of the operation. Influence these cats. Provide direction.
Looking at the current uprisings surrounding police terrorism and systematic racism you will identify your own place in the overall picture. See the masses are energized by their own blatant oppression. Such constant oppression, combined with the economic downturn spurred by COVID-19 has unleashed a justifiable rage against the machine. However, single issue reform groups such as Black Lives Matter, mislead and misdirect the resistance and energy of the masses.
This is where the Maoists are to step up and take our place in history. Where the reformers, and integrationists, who false-flag as revolutionaries, misdirect and mislead, it is our duty to properly lead and direct the resistance and militant energy of the masses. Take that rage and organize into revolutionary productivity. Feed their imagination by allowing them to envision a communist society. Provide concrete formulas and programs that will get us from point A thru B and all the way to Z (communism). When it is being laid out like such, and the masses see your sincerity, that’ll add on.
Now, coming back to the individual organizer/influencer level. Again, seek unification with rebels. Those who’re already fighting the power in some form or fashion. Not everyone writes grievances, nor does everyone have to. Do not get caught up in having political allies meet you on your terms, meet them half way.
Secondly, in Texas, like most prison systems, the lumpen organizations and tribes largely dictate the flow of the prison activities. Therefore as an effective organizer you should make it a priority to build some form of communication line with the most influential members of each group. When you step to them be sure to have an effective plan of action outlined, or at least the beginning of one. Seek their input. In this plan of action you should:
identify the specific problem you wish to solve
articulate how said problem negatively effects these potential allies
in your articulation, illuminate the reality of our collective identity as a prisoner class (this is important because it is the basis of your unity)
Provide a list of possible campaigns y’all may partake in collectively, while illuminating different specific aspects of your struggle, such as there are those who can/may write formal complaints, those who can aid with outside support, some who can aid in physical protest, etc.
Furthermore, specifically when it comes to grievance campaigns, realize that some times you have to do all the work. Write multiple copies of grievances and pass them out to people explaining what the mission is and make it easy for them where all they have to do is sign the paper. After a while, people will become inspired by your sheer determination and raise their own level of contribution. But never, ever, focus entirely on what is not being done by the masses. Instead focus on what you’re not doing to inspire their actions.
For example, you can come to the masses which surround you with something similar to this:
Announce the grievance campaign and what it’s about.
Set a number such as 100 as the goal for grievances on a set issue.
Write the master copy of the Step 1 yourself
Circulate it around the cell block, around the building, at education, religious services, etc
Again make it easy on them, provide copies.
Articulate a set plan of action beyond the grievance campaign. What is it leading up to!? Because, justifiably Texas captives have no faith in the grievance system and thus see it as pointless.
A good plan of action: organize grievance campaigns on all major issues. 1. new mail policies 2. new restrictive policy regarding funds 3. sanitation, etc.
Afterwards you should seek a federal investigation by the U.S. DOJ. The address is in your Texas Pack. Have all the participants mail in copies of all grievances, petitions etc.
Be mindful of the strict limitations of such an effort. The comrades at my locale have done this specifically and i’m currently awaiting the results of a federal inquiry. In conjunction, you may want to build off the unity and momentum by organizing actions that are more direct so to speak.
In conclusion, comrade, i hope some of this will be useful to you and others.
A California prisoner asks: “What are MIM’s thoughts on”Antifa" and what and who are Antifa? Any information you can provide will be helpful, thank you."
MIM(Prisons) responds: Antifa stands for anti-fascist, and it derives from movements in Europe that have a deeper history that we won’t attempt to address here. It’s primary symbol is a black flag and a red flag, symbolizing the unity of anarchists and communists of all stripes in unity against the fascists. “Antifa” is a generic term in the United $tates. There is no central organization, only local collectives. Anti-Racist Action is probably the most active formal group that is akin to Antifa in the United $tates.
The Antifa strategy is one of confronting various stripes of racists, white supremacists, fascists, etc. in the streets and in their communities. When such organizations make a public stand, especially when they organize marches, Antifa will try to make sure there are more counter-demonstrators and will attempt to shut down their actions. The long-time Antifa activists often focus on researching these groups, tracking down their members, doxing them and exposing them.
MIM has never been involved in this type of organizing. Strategically we think it focuses on a fringe element rather than the real enemy – imperialism. Imperialism is murdering people in the streets, locking them away and torturing them, bombing countries, starving whole populations and polluting the world. Fighting nazis in the street does not contribute to ending imperialism at this time. Nor does campaigning against Trump.
That said, if fascism gains traction in this country, then we need to assess when to shift our strategy away from imperialism as the primary enemy and towards the fascists. At that time we will certainly be allying with and relying on some of the knowledge of those that have been following these groups closely for years.
Why is Antifa in the News?
So why is this comrade asking us about Antifa now? Probably because President Trump threatened to declare it a terrorist organization, among other rants against them over the years. So why is Trump talking about Antifa? As the self-proclaimed enemies of all things racist and fascist, the various elements of the alt-right/dissident right/third positionists and racists in online forums have accepted Antifa as their enemy (more on these groups below). Donald Trump rose to popularity in part by following the media outlets associated with these movements and echoing their talking points, one of which is the danger and threat that Antifa poses. Many of these groups use videos of street fights and confrontations between their members and Antifa as recruitment material. (Antifa as such has little to do with the recent uprisings in the United $tates against police murders, though certainly many who work in Antifa groups participated in the protests as well. Trump’s statement falsely implied that Antifa was behind these uprisings.)
The President of the United $tates stated that Antifa is terrorism. In other words, he said opposing fascism should be illegal in the United $tates. Quite a bold statement. One that thankfully received strong rebuke from the majority of the state apparatus at the time. In response to that statement by Trump, MIM(Prisons) joined the calls in the streets that “we are all Antifa.”
Is Fascism on the Rise Due to Crisis?
Since the 2016 presidential campaign we have published a series of articles addressing the question of whether fascism is here, or on its way. An article we published in November 2016, arguing that the crisis that would trigger fascism just wasn’t there yet, ended with, “That being said, based on Trump’s statements and actions, if Amerikan capitalism was truly threatened by the oppressed internal nations, Trump’s open chauvinism would easily transition to far heavier fascist tendencies.”(1) Now in 2020 we had the broadest display of street actions, largely by oppressed nations, seen in most of our lifetimes, if ever in this country. And we have a downward trend in the economy due to declining rates of profit and exacerbated by a global pandemic. So we are in a crisis, and as the threat to Amerikan capitalism becomes more and more real, so does the threat of fascism.
Theoretically, fascism is always on its way in the advanced stages of imperialism. This is because of the inherent contradictions within capitalism that make it harder and harder to extract a profit from the circulation of capital. Without profit, the economy stops under capitalism. That is why the COVID-19 shut downs have been so disastrous. Under socialism, we could cut back production and shelter in place without threatening the future of the economy.
Denying this reality, one of the ideological leaders of the alt-right called on the Trump administration to just shut down the economy for a period and restart again like a long weekend. But capital must circulate, when it does not things begin to collapse like a house of cards. The amount of value being circulated in the realm of finance capital just got a shot of another few trillion dollars by the COVID-19 stimulus bills. This money was created by the Fed from thin air. Most countries would face a decrease in currency value and increase in consumer prices if they did this. The U.$. is depending more and more on international finance capital to come into the country to prop up the dollar and Amerikan consumerism. But if there is no profit to be had, that finance capital stops coming. The reason this hasn’t happened already is that the bourgeoisie is aware that a slowdown in finance capital circulation will lead to a collapse of the system like a house of cards. This is when the all out war option of the fascists becomes the only option.
Parasitism Begets Fascism
Another alt-right ideologue, has recently put out a video denying that fascism is capitalism in decay. Eir thesis is that if there was a crisis in profitability of capital that the system would have to go back to some kind of feudal system and greatly reduce production to restore profits. Since fascism in Germany increased worker incomes and overall production, ey argues this proves fascism was not a response to crisis. This logic sort of makes sense from the revisionist “Marxist” perspective that anyone employed is exploited and that profits don’t cross borders.
The MIM answer to why the capitalism in decay thesis is correct is in parasitism theory. Really, few would deny that Germany’s economic flourishing came from the literal and brutal robbery of land, resources and labor (through enslavement) of other peoples. But similar things occur in all imperialist countries, even if just a bit more “civilized.” We point this out to show how revisionism calling itself Marxism plays itself nicely into the ideas of fascism. And it is through the appeals to a populist class interest of the labor aristocracy that the fascists, social democrats and revisionist “Marxists” all bolster support for imperialism, despite their rhetoric against war or whatever.
Another thing all of these forces have in common is labeling things based on their form rather than their substance. Whether it’s the “Marxists” who see Xi Jinping as leading a socialist country or the fascists saying that Mussolini was opposed to the bourgeoisie, they are putting ideas, words and symbols above substance. They say, “see the leader said this, therefore ey couldn’t support that.” The capitalists, as a class, do not care about the words as long as the economic substructure is still functioning to produce profits. Mussolini (and the King) ensured that it did as does Xi Jinping today. This is the same reason why today every multi-national corporation is tripping over each other to put out statements on and make donations to Black Lives Matter. Yes, there are ideologues within the bourgeoisie, but the class as a whole, in order to continue on as a bourgeoisie, must ensure that profits keep flowing. And if stamping Black Lives Matter all over their website and social media feeds can assist with that, then call Jeff Bezos anti-racist.
Oppose Left and Right White Nationalism
The alt-right is actively extending olive branches to the left wing of white nationalism, specifically those they refer to as “Bernie Bros.” Some in the alt-right claim to have 90% agreement with such social democratic types, specifically in their critiques of capitalism and calls for populist economic reforms and a state that can deal with a global pandemic. Our saving grace right now in the United $tates is in the Black Lives Matter (BLM) movement, as well as the struggles against ICE detention which has also rallied significant support in recent years. The outpouring of support for BLM has been surprisingly strong. Even if the multinationals are just motivated by profits, this is like nothing we’ve seen in our lifetime. Clearly they have recognized where the winds are blowing, and it is not towards the racism of the alt-right.
The fascists argue that they are an alternative to the neoliberal bourgeois order and the Marxist communist order – hence “third positionists.” But Dimitrov critiqued this misconception for the COMINTERN during World War II, stating that “Fascism is the power of finance capital itself.” The fascists argue that finance capital did not and does not support fascism in its rise to power. MIM added to Dimitrov’s thesis in 2005: “It is only the finance-capital dominated petri dish where fascism grows. Today, the labor aristocracy of ONLY the imperialist countries is the”main force" of fascism…“(2) So again, all the groups we mention above, whether”left" or “right” are organizing this class and activating them towards fascism by telling them they are the oppressed and they deserve more.
More on Class and Economic Systems
MIM and the COMINTERN agree on the dialectical nature of class struggle under capitalism as it relates to the phenomenon of fascism – that is that capitalism is identified in the contradiction and interdependence of two economic classes: the proletariat and the bourgeoisie. In this view, there are two paths, or two economic systems: capitalism (of the bourgeoisie) or socialism (of the proletariat). Other classes exist and have their own interests. But they will not shape history in their image. Our world today is shaped in the image of the bourgeoisie, and Marx explained why the future lies in the hands of the proletariat, those who have nothing to lose but their chains.
The petty bourgeoisie (including the First World labor aristocracy) doesn’t have an image for the world. Their ideology is that of the bourgeoisie, steeped in individualism. And because of their varying lots in life, their interests are varied, made up of little groups just trying to make capitalism work for them. They can be united in the nation-building project that involves their nation being on top. But even this will not elicit much sacrifice from this class as a whole unless conditions are quite dire.
When we talk about the labor aristocracy of the imperialist countries being the “main force” of fascism, we still agree with Dimitrov that fascism is the power of finance capital. It is finance capital that gives these tendencies real power. This truth can be seen when you investigate the organizations in the fascist realm. The most successful efforts to unite these petty bourgeois forces and use them towards real political goals are led and funded by millionaires, with access to advanced military weaponry and international connections to intelligence agencies. While there are many small, organic groups that are in this realm, the ones that pose a real threat really aren’t so organic.
Our comrades in prison can understand this dynamic, where it is quite common for white nationalist organizations to have “special” relationships with the pigs, to the point of helping to enforce for the state. Some of our comrades who have served in the military have also seen direct coordination between the military and local white nationalist organizations around perceived threats of oppressed nation rebellions. It’s the same in prison.
From the proletariat comes the true guerilla, who starts from nothing, and gains their tools and supplies by taking from the enemy oppressor. The guerilla does not start out with high-end military equipment, the guerilla earns it. And even before we get to the military phase, the true mass character of the communist camp is evident. Even in the bought off imperialist core, you can see genuine organizers popping up in all areas, fighting for similar goals, from a real organic desire for change and humyn progress. In the United $tates this is fed by the oppressed nations and by the youth and by all justice-seeking people.
The proletariat of the world must distinguish itself from the parasitic populism of the First World labor aristocracy. Antifa has not done this. Antifa is open to militant Liberals because they tend to see this as a battle over ideas in peoples’ heads and don’t have an honest class analysis of what is going on.
The alternative that MIM offers is that those of us in the imperialist countries are criminals that must reform our ways. That the rest of the world wants us to reform our ways and welcomes us in joining in building a new world based on internationalism, humynism and solidarity. The oppressed people of the world must guide us towards true internationalism and not make excuses for the backwardness of the bought-off populations. Amerikans still haven’t made right the crimes they committed against the internal semi-colonies of this land. That is being discussed in the mainstream today. But we still aren’t discussing making things right with the majority of the world that we have exploited, polluted and murdered for the comfortable lives we live here. This is what we see as pro-active anti-fascism. And it’s not about taking on some guilty complex for your ancestors, it’s about saying that you will not pass the exploitation on to your descendants. And this must be part of the current struggles of the oppressed nations here today, or else we will just end up with more exploiters with more diverse skin tones.
The North Carolina Department of Public Safety (DPS) Division of Adult Correction is hard at work exploiting the COVID-19 pandemic to further oppress disadvantaged people. Its first big moves were elimination of visitation and Christian religious services. Then, concerned about overcrowding (which DPS has previously denied) and lack of social distancing, a judge requested DPS to tell the court how its acting to keep prisoners in different pods, dorms and units apart. Then things really got crazy.
After weeks of foolish experiments in the overcrowded dining hall, Greene Correctional Institution stopped letting us eat there at all. All meals are now served on styrofoam takeout trays. The pigs have less “work” to do. The partial lockdown didn’t stop there, though.
The yards are now closed about 19 hours/day. Yard time is the only opportunity we have for distanced socializing. Now its limited to less than 1.5 hours/day for each dorm, two or three dorms at a time. The rest of the day we’re locked up in concrete tombs, suffering from vitamin D deficiencies. Lack of fresh air and vitamin D is compromising our immune systems, increasing our risk of dying of COVID-19.
Disingenuous DPS paperwork has placated courts, which have never been known for integrity or common sense. Any reported isolation is a crude ruse effective only when someone chooses to believe it and ignore the evidence. Despite published rules, prisoners float from dorm to dorm, tattooing each other, buying, selling and taking drugs, bartering and trading medical supplies and contraband, gambling, and extorting weaker, elderly, infirm and handicapped prisoners. Guards pretend not to notice the crowds in the dayrooms, bathrooms and showers.
DPS has now “resumed” (it never really stopped) shipping victims between prisons. New arrivals come straight to regular population. They are not quarantined.
Guards and another non-resident personnel come and go. They are not tested. By now, its a near certainty that some of them carry SARS-CoV-2, the virus that causes COVID-19.
USW9 is to be commended for starting a conversation with another prisoner. I’m not sure the timing of the murder of General Soleimani [the Iranian major general assassinated by Amerika while visiting Iraq in January 2020] was determined by the upcoming election, but it is a well-known fact that Trump did it for eir own economic and political reasons. This murder and the fascist media cover-up certainly merit discussion. Unfortunately, USW9 folded, and bewailed eir failure to “even preach to the crowd.”
USW9’s analysis is wrong. It is clear that USW9 was not talking to a choirboy (a revolutionary communist), but to a kapitalist imperialist. The first step in a successful debate or political discourse is accurate assessment of the audience.
I enjoyed UMT coordinators’ discussion and agreed with much of it. We need to come to a conversation “from a place of unity,” not division. I think, though, that eir understanding of debate and discussion was unclear.
Pointless discussion may break the ice at a party, but extended rhetoric about non-controversial trivia quickly becomes boring and is always unproductive. Successful political discourse always involves heated debate.
To begin, USW9 stated a sound theory in terms of eir own ethical values and morals, without first becoming acquainted with the potential recruit’s. USW9 was then discouraged when the recruit was offended not by Trump’s violence, but by USW9’s criticism. We must recognize that the recruit’s response was predictable and quite reasonable given eir unfortunate capitalist imperialist background. One must not assume that every inmate is an “oppressed prisoner” receptive to our ideas couched in our own terms.
USW9 then “just changed the subject to the San Francisco 49ers.” That didn’t work. Instead of making a mental note that next time he might mention another team or even a different sport, USW9 apparently just walked away.
I’m sorry USW9 feels like “no one is talking about unity or anything of that nature.” Most prisoners (not all) are in prison because they’re motivated by their own lusts and greed. That doesn’t change when people are arrested or put into a unit “that’s known for rampant drug trade and use.” UMT coordinator properly explained that talking about unity from a position of unity is our job.
I appreciate that it’s hard at times “to see any future victories” in light of the condition “of our present day society.” None of us is entirely immune to bouts of despair and despondency, but I don’t recall that Marx and Mao ever encouraged an attitude of defeatism. Our line calls for perseverance in a protracted struggle.
All three contributors to this discussion in ULK 70 (including UMT comrade) wrote with erudition and aplomb expressing sound ideas from slightly different points of view, all in a spirit of unity. What a wonderful dialog!
As a former teacher, I cannot ratify USW9’s negative self-assessment. We should all compare ourselves to Mao, but for criticism and self-improvement, not resignation.
MIM(Prisons) adds: We welcome readers’ examples of wins and loses in their efforts to reach others so we can keep having these kinds of tactical discussions. As a group, our knowledge is greater than as individuals and we can learn from the collective experience and try out what others have observed to work. We’ll just add that we would not say the prisoner USW9 was trying to reach was an “imperialist” as Packout states. Certainly they held pro-imperialist views as most people in the United $tates do. Most in this country are allies and supporters of U.$. imperialism because it serves them, and even some who are oppressed by it are taken in, maybe they think it will serve them in the future or it serves others around them. Either way most people in this country are petty bourgeois, or labor aristocracy and many are lumpen. And while their alliance with the imperialists is strong, different sectors of these classes, different individuals and especially the oppressed nations within this country can be won over to an anti-imperialist view with proper application of unity-struggle-unity.
In the prison where I am [Fremont Correctional Facility], about 64 people are in the quarantine. No deaths so far as we know. At the Crowley prison (CCF) there are more than 50 confirmed cases, and the place has been locked down for more than a month. This is from letters from two of my friends there.
According to a 13 July 2020 press release: Buena Vista Correctional Complex has tested 1058 prisoners, with 36 positives and 3 staff positive. Colorado State Penitentiary has had one prisoner test positive after several staff did, and testing of the population has begun. Arrowhead Correctional Center had 2 staff test positive, and has also begun broad testing.
The film 13th was released on Netflix in October 2016, just prior to the U.S. presidential election. It is clearly an anti-Trump film, although it is not clearly pro-anyone else. In April 2020, Netflix released the film for free on YouTube. It has been abuzz lately as a “must watch” film in the wake of the George Floyd uprisings.
The title 13th gives the impression that the film will focus on the 13th Amendment, and we assumed it would push the narrative that modern-day prison expansion is motivated by profiting from prisoner labor. We also thought it would be a film pushing people to focus on reforming the 13th Amendment of the U.S. Constitution. Longtime readers of Under Lock & Key have likely already seen pieces debunking the line that the prison boom was motivated by exploiting prisoner labor. With our expectations from the title, we were pleasantly surprised by the film.
The film first focuses on the 13th Amendment, and explains the South needed labor after slavery was abolished. Where once there were slaves, there were then prisoner laborers. The exception in the 13th Amendment which allowed slavery for people convicted of a crime was primarily economically-motivated. From there, the film tracks prison expansion, which really took off after the exploitation of former slaves had ended, in response to social movements.
How the title relates to the theme of the film may be in that the 13th Amendment satisfied a dominant need of the time – white Amerika’s economic need for Black labor – and white Amerika has been adapting to meet its needs at the expense of New Afrikans ever since. 13th spans almost two centuries of U.$. history, and draws attention to many ways Amerika has adapted to meet its needs, whether they were economic needs or social needs.
13th does touch on the topic of prisoner labor for profit for private corporations, but doesn’t overly focus on it. Is prisoner labor for private profit a bad thing? Yes. Being that fewer than one percent of prisoners are engaged in productive labor for private profit, should we focus on it with all our energy, as if it is the main push for prison expansion?(1) MIM(Prisons) would answer this in the negative.
There are some economic motivations for prison expansion in recent-decades, but not for exploiting prisoner labor. 13th spends quite some time exposing the lobbying group American Legislative Exchange Council’s (ALEC) role in prison expansion, as well as its present role in pushing for “community supervision” (read: ankle and wrist bracelet GPS trackers, and privatized probation and parole).(2) The economic interest in prison expansion is in job security for Amerikans, and state funding funneling into private corporations for services. There is a socio-economic benefit to Amerika in draining the oppressed internal semi-colonies of time and resources through expensive phone calls, long drives to visit families, and other exorbitant and arbitrary fees and expenses.
In the end, the audience is left with a call to remain vigilant to what’s coming next. It leaves the focus on ALEC and corporate influence in legislation. A take-away of 13th is that nothing has worked to get the white oppressors’ boot (or knee) off of New Afrika’s neck. Amerikkka just changes tactics, but the effect is the same.
That’s what we’re seeing today with the recent Black Lives Matter movement upsurge. We don’t need a less-funded Amerikan police force. We need New Afrikans to have their own police, and military, AND state to do as they please without having to cooperate with this clearly sociopathic Amerikan nation. On the whole, 13th affirms our view that prisons are primarily a tool of social control, and we will answer the film’s call to remain vigilant so Amerika can’t continue oppressing New Afrika any longer.
I would like to comment on one of the articles in the Spring 2020 No. 70 issue of ULK, page 20, “Feds Threatening First Amendment with New Polices” by a Federal prisoner. Here in the state of Virginia at the Greensville Correctional Center they’ve been doing pretty much the same thing, since about April 2017. We were advised that this was for all security level 2 and above institutions within the Virginia Department of Corrections.
Please find enclosed a copy of then Lead Warden Eddie L. Pearson’s memo relative thereof. I’ve highlighted the most relevant sections.
"The original envelope, letter and all enclosed contents will be shredded in the institutional mailroom….
“Offenders will be limited to receiving a maximum of three, 8 1/2 X 11, black and white photocopied pages front and back to include the photocopy of the envelope. Each item in the envelope i.e., photograph, newspaper clipping, drawing, each side of a letter, etc. will be considered one photocopy.”
MIM(Prisons) adds: A comrade reported on this policy when it was first implemented back in 2017. Looking at the last couple years (January 2018 thru July 2020) Virginia censored MIM Distributors more than any other state. Most of this censorship however was of Under Lock & Key for “detrimental to safety of the facility”. More needs to be done to combat this repression, not just in Virginia.
A few years since being enacted in Virginia, these policies are now spreading across the country. This means that a lot of the educational materials and resource guides that MIM(Prisons) provides to prisoners of the United $tates are now impermissible for having too many pages or being two-sided (per new Federal rules). The departments implementing these policies claim to be concerned about drugs, when most drugs are being brought in by their own staff. The net effect is that people in prison have less information on how to combat the oppression they are facing every day.
The reason for this letter is to inform you of the ongoing conspiratorial practices of both correctional staff and members of the administration that violate prisoners’ constitutional rights, state and federal law and the Nevada Department of Corrections claimed Ethics and Codes of Conduct. This practice involves (among other actions and inactions) retaliation, and deliberate disregard of the law, court orders, rule and regulations which are designed to sufficiently curtail official discretion by their use of mandatory language and confer a statutory duty upon staff to act or not act in a prescribed way.
For example: Administrative Regulation (hereafter “AR”) 339.01 (Code of Ethics) states at 339.01(1),(A),(4):“Employees shall be firm, fair and consistent in their performance of their duties. Employees should treat others with dignity, respect and compassion and provide humane custody and care, void of all retribution, harassment or abuse.” Further at (5) of the same section it states: “Employees shall uphold the tenets of the United States Constitution, its amendments, the Nevada Constitution, federal and state laws, rules and regulations and policies of the department.” This Code of Ethics is binding upon officials’ conduct and creates a statutory obligation.
AR801.05(2) states in relevant part that “close custody inmates will receive a minimum of five hours per day of out of cell time…” This AR is also binding upon officials’ conduct and creates a statutory obligation by its use of the mandatory term “will.”
High Desert State Prison(HDSP) fails to abide by the AR801.05 and over the past three years has never allowed me to have the mandated minimum five hours of out of cell time per day and in spite of many attempts to resolve this issue through the grievance process have gained no relief.
The American Correctional Association (hereafter “ACA”) standards for humane and decent confinement requires that each prisoner have a minimum of sixty(60) square feet of space unless more than ten(10) hours per day are spent in their cells, in which case eighty(80) square feet per prisoner is required. The current cells at the High Desert State Prison afford each prisoner a total of forty-two(42) square feet (if you count the space that the beds, sink, toilet and desk take up) if you count the space that can be used that is open floor it is more like thirty five(35) square feet(and that can only be used by one prisoner at a time without bumping into each other). This lack of proper square footage per prisoner combined with excessive amounts of time prisoners are required to spend locked in their cells creates an atmosphere of fear, anger, frustration, trepidation, foreboding and helplessness that has been shown to cause psychological deterioration, risk of injury due to sedentary state, and higher rates of violence against both staff and other prisoners.
There exists a pattern and practice of brutality and harassment by staff upon prisoners. Peer pressure among guards encourage this brutality and harassment towards prisoners and is further facilitated by indifference on part of the administration. Guard brutality includes arbitrary cell searches, theft or destruction of prisoner property, threats of violence, actual violence, and general day-to-day harassment via stare downs, comments and offensive gestures meant to incite prisoners to respond in a negative manner.
Prison staff as a whole are insufficiently trained, lack any ethics, professionalism, or fear of any real remedial actions for their violations of prisoners’ rights and open misconduct in violation of the NDOC’s claimed Code of Ethics. Now add to that the fact that HDSP lacks an adequate grievance mechanism for prisoners to legitimately redress issues and gain any relief and you can start to understand why I am sending this letter to you.
I have personally experienced the following unethical behaviors
Denial of the minimum mandated five hours of out of cell time per day as outlined in AR801.05(2)
Denial of the minimum mandated eight hours of outdoor exercise per week as outlined by Craig v. Hocker and Adams v. Wolf (and others)
Retaliatory cell searches on the 26th day of November 2019, and again on the 22nd day of April 2019 (see grievance #2006-30-74343 and #2006-30-82177)
Theft of personal property on the day of 26th November Correctional Officers Paryga and Atherton.
Discrimination; based on my Religion(Muslim) by Correctional Officer(s) Willie Clayton, Bryant Vaughn, Mark Andrews, Chaplain Calderin, AwMonique Hubbard-Pickett from the 17th day of April 2018 unit 10B cell 18B.
Destruction of my religious books by correctional officers Paryga and Atherton on the 26th day of November 2018
Failure of Staff to report misconduct to their superiors on multiple occasions (see grievance #’s 2006-30-74343, 2006-30-71833, 2006-30-76928, 2996-30-76745, 2006-30-76481, 2006-30-73176 (Case# A-19-798011-C), 2006-30-82177, 2006-30-82858, 2006-30-82487, 2006-40-86894, 2006-30-90863, 2006-30-92151(and many more).
Failure of superiors to investigate reports of misconduct via grievance, DOC-3012 and in person. See above grievance numbers as well as #’s 2006-30-98699, 2006-30-85861, 2006-30-92760, 2006-30-95375, 2006-30-96682, 2006-30-93407, 2006-30-89683, 2006-30-95705, 2006-31-00610, 2006-30-98706, 2006-30-00286.
False or trumped up Notice of charges being used as a way to cover up for staff misconduct or in an attempt to chill or silence my attempts for redress/intimidate me into silence on 22 April 2019.
Inhumanity to prisoners in the form of verbal harassment, intimidation, violence, and psychological games in violation of NRS 212.020
Oppression under color of law in violation of NRS 197.200
Unauthorized injury to a prisoner in violation of NRS 217.010
Conspiracy to intimidate a witness in violation of 42 U.S.C.§1985
Punitive, harassing and retaliatory frisks, cell/bed moves and reclassification
Overview
These and similar acts are typical. They are deliberate and concerted acts predicated upon evil intent and violate title 42 U.S.C. §1983, 1985(3) and 1986, these actions also violate state law and Constitutional protections.
Conclusion
This set of problems are deliberate and meant as a campaign of oppression intended to create a hostile atmosphere and to frustrate any attempt to secure peaceful and judicious remedies. This pervasive condition of confinement permeates every recess of the Department. It is condoned, permitted, encouraged and defended. The above mentioned Administrative Regulations are state regulations and such cannot be grieved pursuant to AR740.03(3),(B). Ergo, any exhaustion requirement imposed by title 42 U.S.C. §1997(e) is fulfilled by this correspondence prior to seeking judicial intervention, as such I am still attempting to redress through the Nevada Department of Corrections futile grievance process as way to prove my point further.
The foregoing is true and correct to the best of my knowledge and information pursuant to NRS 209.165 under Penalty of Perjury. This 7th day of July 2020.
15 May 2020 - During the 2 weeks that came and went since my last report, I’ve encountered quite a bit of backlash. Another prisoner and myself are always reminding these so-called “essential employees” here at San Quentin to wear a face covering. On 14 May 2020 during second watch food service we observed two “essential employees” NOT wearing masks. Upon pointing out the obvious, one (Alwhart) approached the prisoner’s cell who spoke up. Alwhart then threatened the prisoner, saying “Shut up and mind your own business if you know what’s good for you, PC piece of shit.” Alwhart mumbled something else (unintelligible) as he walked away to be confronted by another prisoner about the same thing.
Later, when yard release program was called, Alwhart arrived at the cell of the prisoner he threatened earlier and began the process. The prisoners are required to hand the “essential employee” the items they are bringing with to their assigned yards. The prisoner passed Alwhart a clear plastic ziplock bag containing lunch fruit, bread slices, antiseptic scrub (within its own clear ziplock labelled KOP) and a small ziplock containing a small amount of dry beverage. The first thing Alwhart did was open the clear ziplock, then he began stirring the contents with his gloved hand. As he stirred, Alwhart said to the prisoner he was clearly harassing: “I’m going to search the shit out of your cell too when you go to the yard because you need to learn to shut up.” The prisoner he just threatened for a second time said: “I figured you might go that route so I left you a note with copies of Title 15 3084(g) and 3287(a)(2).” The prisoner continued, “Your threats of violence don’t sway me a bit and you need to wear a mask or I’m writing you up for violating 15CCR 3271 and Marin County’s mandate that all”essential employees wear a mask at their place of employment at all times." Alwhart then threw the prisoner’s searched property back into the cell and falsely reported to the assigned tier officer (Costa) that the prisoner refused yard program. True to form, Costa packed Alwhart’s play and feigned ignorance about the arbitrary yard denial. Sgt. Guitierrez (who also does NOT wear a mask) tactically avoided paying any attention to the unbecoming conduct of the essential employees under his supervision. That’s to be expected. That Sgt. also refuses to respond to a CDCR Form 22 attempting to resolve the issue of the other disrespectful sows in his pen NOT wearing masks.
Some other prisoners in Reception and the death row tier are beginning to understand how the insolence and pig-headedness of these so-called “essential employees” is going to adversely affect the entire prison population. We (death row) are already on an unbalanced yard rotation schedule. There are no visits and no mental health yard program. Once any death row prisoner is tested positive for COVID-19, contact tracing would not require Dr. Bright to shine light on the obvious.
MIM(Prisons) adds: San Quentin has been making lots of news around the epidemic staff have brought there. This began when prisoners were transferred from the California Institute for Men (CIM) in an attempt to protect them from COVID-19. It turned out some were already infected and brought it to San Quentin. And as this comrade reported in April staff have continued to intentionally put prisoners at risk, even after it was clear that the disease had arrived at the prison, violating federal, state and local mandates.
As of 27 June 2020, San Quentin has the most COVID-19 cases within CDCR (614) and CIM is second with 514.
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