United States Penitentiary-Tucson - Federal

MIM(Prisons) preface: Below a comrade in United States Penitentiary - Tucson tells a story about how prison staff institute arbitrary mass punishment. Often such mass punishment comes in the form of lockdowns, which have seemingly become more common in recent years. All level IV prisoners in California are currently on lockdown, and had access to their tablets and phones taken away. The California Department of Corrections and Rehabilitation announced this on 8 March 2025, calling it “modified programming” as it applies only to level IV prisoners.(1) They have ordered the lockdown in response to an alleged surge in violence, yet we know that these forms of group punishment, and the new form of punishment of taking tablets away, only leads to more violence. As always, this isn’t about safety, but about control. In addition, the Ashker settlement, which followed the biggest hunger strikes to ever occur in U.$. prisons, supposedly prohibits collective punishment. So this “modified programming” is a violation of the CDCR’s own rules and court orders. But no significant organization currently exists inside to hold the pigs to their words. And with communications locked down the CDCR will control the narrative through its agents in the prisons.

A comrade in Allred Unit in Texas reports how lazy staff use collective punishment:

“TDCJ has started something new where if anyone get caught smoking or think they were smoking they locking the whole pod down for 15 days and they take away phones, e-messages, music, law library, Pando app, visits, commissary and school. I am about to write my step 1 grievance. If you can please point me to an attorney on this issue because they are putting other inmates lives in jeopardy and then telling all prisoners to start snitching, when the laws are the ones bringing the drugs inside the unit. It’s a way for them not to run day room.”

Recently comrades in the North Carolina Department of Adult Corrections launched a campaign to combat the system of labeling prisoners Security Risk Group (SRG). We’ve begun to receive grievances from people held in conditions similar to those temporary measures by CDCR above, but for years or decades, as CDCR has also done historically; all because of who these prisoners allegedly associate with, not because they have committed any crime or broken any rule. These forms of group punishment date back centuries in this country in the form of national oppression, but today they are legalized in the form of gang injunctions and security threat group designations.

The oppressed nation of Palestine knows well the wrath of collective punishment it has faced for decades by the U.$. outpost known as “Israel.” While U.$. prisoners face torture, Palestinians are currently facing starvation as I$rael has cut off aid to Gaza for over a week, starting 2 March. This came in response to Hamas demanding that I$rael continue to meet the terms of the ceasefire agreement from 19 January. This has turned the month of Ramadan into more suffering and worrying rather than generosity and worship for Palestinians. Then on 9 March I$rael cut off electricity to Gaza, which will also prevent desalinization plants from providing the water which the people depend on. With Gaza’s official death toll at over 60,000 since the recent invasion by I$rael began, the genocide continues through the illegal denial of basic needs to the people.

As the comrade below says, such collective punishment is an international war crime. It is used to crush whole populations to the will of those in power. And just as it breeds resistance in U.$. prisons, it breeds resistance in the Palestinians suffering at the hands of I$rael, as well as millions of supporters watching the genocide unfold. The future of the oppressed nations around the world lies in uniting in a common struggle against imperialism.

Notes: CDCR High‑Security Areas Placed on Modified Movement

A Federal prisoner: The administration (Warden, Associate Warden, Captain) use frivolous excuses to apply mass punishment on prisoners. Officers abuse their authority and use excuses to “justify” punishment. It may sound better if I explain the situation:

18 December 2024 – I was in the Education building, doing some research. About 8:30 AM, there was an incident call, or what we call the “deuces”. This is when there is a situation, like a fight, happening somewhere on the compound. At the time, we were all outside or about the compound. It was outdoor rec for many, some were on the yard, some were indoors at the chapel, or indoor rec, or library.

But when the “deuces” are hit, everything stops temporarily. In this case, the officers all ran towards E Unit. We all looked to see if there was a fight; you’d hate to see a fight so close to Christmas, because the Warden and staff will use any excuse to lock us down over the holidays and claim “safety and security”.

As it turns out, the incident wasn’t an incident at all. Several guys heard on the hand units that they said, “Stand down, false alarm”. What that meant was that there was nothing to really worry about.

But, less than five minutes later, they called for everyone to leave the programs building. This was very frustrating to those trying to work. Many were in classes, some working on legal work. It is very frustrating when USP Tucson finds reasons to shut everything down. They have a very malicious history of doing this and are too incompetent to hold staff accountable for preventing us from programming.

So, I walk out, with everyone else, and heard that they will do a “Yard Recall.” That means everyone has to go back to their dorms. When I got outside, I asked a few guys that were on the yard: “so, what do we know?” They told me that it was a false alarm, but somebody may have said something to one of the female officers, and she felt “offended”, so she told the Lieutenant, who called for an entire recall.

I was frustrated. What did ANYBODY in the programs area have to do with ONE person on the yard with bad behavior? If what the guys on the yard said was true, then there was no reason to use mass punishment. I came out of the building and looked back and saw how many guys were coming out. They may have been over 100 people affected by this cowardly move by the staff. Guys in the chapel, who had nothing to do with the incident. Guys in indoor recreation that had nothing to do with what happened outside. Guys in GED classes and those in the library, who were nowhere near the incident. All being punished because staff “got in their feelings.”

What a cowardly act.

We were on the yard until 9 AM when they opened the gates and everyone went back to their units. I noticed there was no official “Yard Recall” as they should have done. While we were out there, I saw guys talking to one of the Lieutenants, asking why the severe action. I didn’t hear what he said, but I saw the extreme disappointment in the prisoners, as if the answer didn’t make sense.

Why shut EVERYTHING down for what one person did? This again is called Mass Punishment, and it is strongly frowned upon by most nations. The United Nations has what is called the Nelson Mandela Rules, and one of the elements is that they forbid mass punishment in prisons. Most nations signed on to this, but the United States never ratified it… explains why they still do it.

In 2024, there have been about 102 lockdowns on the compound at USP Tucson, compared to 118 in 2023. In 2024, there have only been SIX instances where the “deuces” were hit for altercations. In 2023, there were 25. This is a significant decrease in violence on the compound.

Since 23 May 2024 to the current date (December 18th), there has only been ONE incident regarding a fight. That was on September 22nd, and staff wrongly used that excuse to change to a “staff assault” so that they could punish the entire facility for at least 30 days on lockdown. They then punished us by decreasing the phone calls from 10 minutes with an hour wait to a five minute call with a 90 minute wait, making it extremely difficult to communicate with families.

Since we came off the lockdown of September 22nd, coming off in late October, there have been about 18 lockdowns… NONE of them were because of physical altercations. They were all “administrative”.

What I am showing is that, even though this is a prison and a penitentiary, the people here have done as much as they could possibly do to reduce the violent incidents in the prison. When a prison can go from 25 lockdowns because of fights to currently six, it shows that, for the most part, we know how to behave.

But, if we are going to be punished every time ONE person does something wrong, then staff has created a standard that nobody can hope to attain. The Warden is either a fool to think that every single day on a penitentiary should be hassle and violent free, or he is maliciously bent on punishment for the prisoners.

If the Associate Warden ignores the fact that the prisoners here have done all they could to stay out of trouble and creates excuses as to why we are being punished, it is clear that she has no interest in rehabilitation.

In all this, no prisoner was able to rehabilitate, because USP Tucson was so busy looking for another screw to put in the population. There was no security issue. It was a false alarm, but they found a reason to disrupt every single angle for rehabilitation. This is the perfect picture of mass punishment in prisons, yet staff all consent to it while hiding behind made-up policies that don’t exist.

I’ve often said, “sometimes the worst people in prisons aren’t the ones behind the steel doors, it’s the ones coming out the parking lots of those prisons.” We simply cannot live with the program in USP Tucson. The Warden, Associate Warden, Captain and all the departments refuse to let us reform.

In prisons, there are venues for prisoners who have been abused or treated unfairly or inhumanely. When things like this happen, a prisoner has a right to sue, but only if he can get his case to court.

The problem is that because of PLRA, or Prison Litigation Reform Act, it’s much more difficult for a prisoner, even if he is right, to get his case to court. In essence, PLRA requires prisoners to first exhaust the Administrative Remedy procedure… or a grievance procedure. In Federal Prisons, it is known as a BP.

So quick scenario; a Black prisoner is being harassed by white officers, who: constantly use racial slurs and trash his cell, taking his family pictures and other valuables. The prisoner tries to file a BP to get to court. Months pass, with no success, so he tries to take it straight to court. The court shoots down his claim, because he did not go through proper procedure of filing a grievance. So, even if the prisoner is right, the courts won’t acknowledge his lawsuit because he didn’t go by the rules.

But, is the prison going by them? Let’s talk about that, and how prisons like USP Tucson are actually breaking the rules, making it very difficult for prisoners to properly file a lawsuit, because the Administrative Remedy procedure is horribly flawed.

To begin, let me pull up a statement from a case law, Woodford v. Ngo 548 US 81, 126, S. Ct 2378, 165 L.Ed 2d 368 (2006). I want to share with you an argument a prisoner had about the grievance procedure, and what the argument against it was:

“Respondent contends that requiring proper exhaustion will lead prison administrators to devise procedural requirements that are designed to trap unwary prisoners and thus to defeat their claims. Respondent does not contend, however, that anything like this occurred in his case, and it is speculative that this will occur in the future. Corrections officials concerned about maintaining order in their institutions have a reason for creating and retaining grievance systems that provide — and that are perceived by prisoners as providing - a meaningful opportunity for prisoners to raise meritorious grievances. And with respect to the possibility that prisons might create procedural requirements for the purpose of tripping up all but the most skillful prisoners, while Congress repealed the “plain, speedy, and effective” standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed 1996), we have no occasion here to decide how such situations might be addressed.” - Justice Samuel Alito

In short, this argument claims that the prisoner was incorrect that prisons could – and do – make it much harder for prisoners to file a grievance. After all, if the prisoner can’t file the grievance, he can’t get to court to sue the officers. In the above case, the Black prisoner is trying to go through the procedure, meaning he has to exhaust the grievance procedure, before he can go to the courts. This kinda makes sense, because one intent of the PLRA is to prevent a lot of frivolous lawsuits by prisoners.

But in doing this, there is a flaw, one prison has used a cheat in the procedure. Let me explain:

To begin the BP, or grievance process, a prisoner must first have an issue… ok, check. The prisoner claims discrimination against officers, so he has a right to file a grievance. Well, step one, as I use USP Tucson as an example, is to get what is called a BP-8. This is the lowest form of the grievance, and it should be available upon request.

Problem: Here at USP Tucson, it isn’t. The prison makes a policy that ONLY the Counselor can hand out a BP-8. So, what if the Counselor isn’t there? You have to wait to find the Counselor, because apparently no other officer in the world can get that piece of paper. This is already an obstacle of due process. In other states, you can get a grievance form from any officer, especially the ones working in your dorm. It makes sense, they are there all day, why not allow them to pass out the grievances?

But, if you change the rules, you then regulate how often you pass out the grievances. Now, you can’t get a BP unless there is a certain officer there. And if he/she isn’t there, they don’t pass them out. So, in theory, a Counselor can stiff-arm prisoners from getting a BP, by making excuses of not being there, or “not having any”.

I say this from a LOT of experience… this happens a lot here at USP Tucson. Many prisoners are frustrated with the Administrative Remedy because for most, it simply does not work. The case law implies that all prisons want to make the grievance procedure available for the maintaining of order, this is not necessarily true at all.

Another technique for obstructing the grievance procedure is to simply “lose” the grievance. If you manage to corner the Counselor and get a BP-8 form, you then have to fill it out and hand it back to them. Problem: The BP-8 is a single white piece of paper, and once you hand it to the Counselor, you have NO copy. So how do you know they actually processed it? In many cases, they don’t. They either “lose” it, or simply trash it.

So, if you can get past the BP-8, there then is a formal BP-9, which is on carbon paper. You have to fill out the form (if you’re lucky enough to even get one), then turn it in to the Counselor (if you can find “Waldo”), and wait for them to give you a carbon copy, if they don’t lose it or trash it.

Additionally, the carbon paper on the BP-9 is so poor, you have to have the strength of the Hulk to press down, to make the copy on the second page, let alone the third or fourth. So, the BP-9 is almost worthless after the first copy is torn off.

If you get no responses from the BP-9, then you have to go to the BP-10, which goes over the heads of staff. But rinse and repeat on the procedure. It is incredibly difficult to get the forms, when in actuality, it should ALWAYS be available to any prisoner, at any time, by most staff members. But staff plays keep away, from prisoners, to prevent them from getting the BP’s, so they cannot timely file.

I say all this from experience. In February, I filed a BP-9 against staff in my dorm because they refused to give us chemicals to clean the showers during a lockdown. Over that period of time, an average of 30 prisoners used each shower cell, and not one drop of chemicals were used to clean it. Think about that, how many of you would walk into a shower after 30 other people had already used it? How about 10? Even 5? No one here should have to do that, but staff knew about it, and did nothing.

So, I wrote a BP-9 and the Case Manager took it and “turned it in” to the Counselor, long story short, as of this date, 9 September 2022, I have heard nothing, and they had only 30 days to respond. My guess, they threw it away.

This is much like cheating at chess, where we have to match wits against a facility that seems to be dead set on preventing prisoners from properly (and legally) filing a grievance. Let us not lose the fact that the grievance procedure is Constitutionally protected; no officer or staff has the right to prevent prisoners from filing.

But, if you cannot complete the grievance, you cannot get to court, because they will claim, as the case law showed, that the inmate didn’t do the proper work, when in fact he did all he could do, but staff aggressively prevented him from being able to file. The courts seem to be blind, or naive, that prison officials would actually HONOR the grievance system.

Think about that, why would they honor a system that holds their staff accountable? Do you really think they are going to play fair if, in the example I gave, a Black Prisoner is trying to sue racist officers? Do you really think they are going to let the BP’s go through, when they can block it at every turn?

It’s like cheating at chess, and it’s also why so many grievances fail, because places like USP Tucson have figured out the loopholes and are exploiting them to prevent prisoners from their constitutional rights. It happens all the time, and nobody is doing anything about it.

I mean, take out my queen, rooks and bishops, and yeah, it’s hard for me to win too.

MIM(Prisons) adds: This is why comrades in United Struggle from Within initiated the campaigns “We Demand Our Grievances are Addressed.” Comrades developed petitions for many states as well as the Feds to appeal these issues to higher and outside authorities to try to bypass the problem described above. This campaign has included other tactics like filing group grievances and even taking other group actions when grievances are ignored. In many states comrades have called for an outside review board to address these complaints. But ultimately, there are no rights only power struggles, so leaving these issues in the hands of the state will only do so much. The solution to the problem is coming together as prisoners, as the oppressed and fighting for these rights every step of the way. That is why we must build peace and unity among prisoners to get grievances addressed.