MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
I’m revolutionary, So in other words I’m evolutionary.
Molded by Larry Hoover So that makes me visionary. To some,
This would actually seem scary.
I’m revolutionary, So I stress it to my family. I tell them the
time is near For me to be. To become the living prodigy So I
must not be weak.
I’m revolutionary, So it’s the youth whom I guide. Within closed
walls for that youth, I cry. Knowing that to open their
eyes I’ll most likely have to die. Die so that they May
live free.
Like the Messiah Is how I shall approach thee. Fist held
high And it shall stand for PEACE. As I march through the
fire, A Revolutionary Soulja I shall be.
by a Virginia prisoner August 2017 permalinkPeace Black brother,
I hope this letter finds you strong and defiant in mind, body, and
spirit. I really enjoyed the few times we exchanged ideas about the new
Black liberation struggle. I was a little surprised when you told me
that you consider yourself a Black revolutionary because most young
brothers who gang bang don’t identify themselves as such, and that’s
because being one requires opposing and resisting racism and oppression
which is a huge burden and responsibility. Others simply don’t
understand the concept of a Revolutionary.
To put it simply, a Revolutionary is someone who fights and struggles to
change the conditions of oppressed people. A counter-revolutionary is
someone who-consciously or unconsciously–fights and struggles against
change so as to exacerbate and perpetuate the conditions of oppressed
people. A Revolutionary is someone who strives to transform the criminal
mentality into a Revolutionary mentality. A counter-revolutionary is
someone who maintains, values, and takes delight in the criminal
mentality. A Revolutionary seeks to become a part of the solution to
what’s plaguing the Black and oppressed communities. A
counter-revolutionary seeks to remain a part of the problem of what’s
plaguing the Black and oppressed communities. A Revolutionary is someone
who utilizes all of his/her strength and energy in trying to liberate
Black and oppressed people. A counter-revolutionary is someone who
utilizes all of his/her strength and energy in trying to oppress and
exploit those already oppressed and exploited by this white supremacist,
capitalistic system. A Revolutionary is someone who opposes the Gestapo
police who are daily murdering and brutalizing Black and oppressed
people. A counter-revolutionary is someone who murders and brutalizes
Black and oppressed people who are already being murdered and brutalized
by the Gestapo police.
So, young brother, upon examining yourself, and taking the above
examples of a Revolutionary into consideration, which category do you
truly fall into: a Revolutionary or a counter-revolutionary? Most gang
bangers, unfortunately, fall into the category of a
counter-revolutionary.
As with most–if not all–Black street gangs, which I prefer to call
social clubs, they started out as Revolutionary because the social,
political and economic conditions that Black people were subjected to in
the ’60s, ’70s, ’80s, and even today, necessitated that they come
together and organize to try and resist and change those conditions. But
during the ’80s when the CIA began flooding poor Black communities with
crack cocaine and guns to finance its illegal counter-revolutionary war
against the democratically-elected Sandinista government in Nicaragua,
and to further destabilize the poor Black communities making them more
susceptible to subjugation and genocide, these social clubs and the
oppressed communities they existed in became fractured and divided.
Consequently, these social clubs became counter-revolutionary in that
they lost sight of their original purpose and began to prey on the very
people and neighborhoods they originally organized to defend, protect,
and liberate.
One of the best examples of a social club becoming Revolutionary as the
result of a radical transformation in the mentality of its membership is
the 5,000-strong Slauson gang under the leadership of Alprentice
“Bunchy” Carter. During the early ’60s, Bunchy was successful in uniting
all of the various social clubs in Los Angeles under his leadership.
According to Elder Freeman, a close comrade of Buchy’s, this was the
first and only time in history that there was only one unified social
club in Los Angeles. To build off of that success and momentum, Bunchy
then spearheaded the formation of the Los Angeles Black Panther Party in
1967 which recruited heavily from the ranks of the Slauson gang. Because
Bunchy was such a dynamic organizer and a charismatic leader who
inspired other “street” brothers and sisters to become Revolutionaries,
then FBI Director, J. Edgar Hoover, had Bunchy and his Black Panther
comrade, John Huggins, killed in a COINTELPRO created beef between the
Los Angeles Black Panther Party and Ron Karenga’s United Slaves
Organization on January 17, 1968. …
MIM(Prisons) adds: The above is an excerpt from an article
written by a comrade who goes on to promote an organization that we
reviewed in ULK 50.(1) In that article we describe the numerous
serious political errors in that organization’s line. But we agree with
the general strategy that we need to “unify rival social clubs and
redirect their aggression and rage away from each other and towards
changing and improving the conditions of Black and oppressed people.”
There are many examples of comrades doing this that have appeared in the
pages of Under Lock & Key over the years. Yet as this issue
addresses, the problem is far from resolved.
The Black Panthers of the late 1960s still offer the most successful
examples of transforming gangsters into revolutionaries. What that
indicates is that building a strong vanguard party, with the correct
political line, in dialectical relationship to the lumpen masses is the
way to repeat their success. Without that, efforts at L.O. unity will be
short-lived or will be siphoned off into bourgeois reformism.
Where did I come from you ask? I came from a great civilization
A people who knew what day it was While the rest of the world did
not.
I come from a people who knew Where the Earth fit in relation to the
universe While the rest of the world knew not.
I come from a civilization Of great art and rich culture. A
people advanced in mathematics and building structures Which were
symmetrical to the sun.
I come from a people that fought For its independence From three
foreign nations In one century alone!
I continue to survive this bloody annexation And to this day I
maintain my identity Against pressure to assimilate.
I come from a civilization Which has been here since the beginning
of time. I am heir to traditions of Cuauhtemoc, Benito Juarez,
and Emiliano Zapata.
I am indigenous to this land And now I hear these ignorant
voices Telling me to go back where “I” come from? “I” am from
here! My civilization was founded on the very earth we stand on!
You and your people go back to where you come from!
Nowhere is the necessity for the societal advancement to communism more
apparent than in the realm of disability considerations. No segment of
society, imprisoned or otherwise, is in greater need of the guiding
communist ethos proclaimed by Marx: “From each according to their
ability, to each according to their need.” This humynist principle
applies to no demographic more than the disabled.
When communist society is realized, the intrinsic worth of each and
every persyn and their potential to contribute to society will be
realized as well. In return, communist society will reward the disabled
population by adequately providing their essentials and rendering all
aspects of society open and accessible for their full utilization. In a
phrase, communism will respect the disabled persyn’s humyn right to a
humane existence. We communists strive for the elimination of power
structures that allow the oppression of people by people. The disabled
population, as well as all peoples that have hystorically been
subjugated by the oppressive bourgeois system of capitalism/imperialism,
can then work toward the implementation of a truly democratic society.
Considering MIM(Prisons) recognizes only three strands of oppression in
the world today (nation, class and gender), able-bodiedness is a cause
and consequence of class, and in countries with more leisure-time it is
intimately tied up in the gender strand of oppression. This essay
intends to analyze disability as it relates to class, gender, and the
prison environment.
Disability and Class
In the United $tates the greatest source of persynal wealth is
inheritance. It can be said the ability to create and maintain
able-bodiedness may be inherited also. For the most part, class station
is determined by birth. By virtue of to whom and where a persyn is born,
their access, or lack thereof, to material resources is ascribed. The
bourgeoisie and labor aristocracy have access to nutrition and
healthcare the First World lumpen and international proletariat and
peasantry do not. The likelihood of a positive health background renders
the labor aristocracy and other bourgeois classes attractive prospects
to potential employers, lenders, etc. This allows them to continue to
enjoy nutrition and healthcare not common to the lumpen, proletariat,
and peasantry.
It would be extremely uncommon to find a First World lumpen, an
international proletarian, or a peasant with a membership to a health
and fitness club. This privilege is reserved for the bourgeois classes,
including the petty-bourgeoisie and its subclass the labor aristocracy.
This, of course, further enhances the prospect of maintaining good
health, and compounded with employer-supplied healthcare, does act as
prophylaxis against the onset of debilitating and degenerative physical
ailments.
It would be unreasonable to ignore the possibility that a member of the
bourgeoisie might be genetically infirm, or a labor aristocrat
debilitated by an accident. But, due to their class position, these
classes are better prepared and equipped to minimize the adversities
resulting from such an unfortunate occurrence.
Able-bodiedness may also affect upward class mobility. An able-bodied
First World lumpen that can find employment might enter the ranks of the
labor aristocracy. A blue collar labor aristocrat may be promoted to a
managerial position, and so forth. Of course other factors, such as
national background, do play a role in one’s mobility (or stagnation for
that matter), but disability also plays a significant role.
Disability and Gender
Gender only comes to the fore after life’s essentials are secured,
thereby standing out in relief on its own aside from class/nation. In
the First World leisure-time plays a major role in gender analysis.
MIM(Prisons) defines “gender” as:
“One of three strands of oppression, the other two being class and
nation. Gender can be thought of as socially-defined attributes related
to one’s sex organs and physiology. Patriarchy has led to the splitting
of society into an oppressed (wimmin) and oppressor gender
(men).
“Historically reproductive status was very important to gender, but
today the dynamics of leisure-time and humyn biological development are
the material basis of gender. For example, children are the oppressed
gender regardless of genitalia, as they face the bulk of sexual
oppression independent of class and national oppression.
“People of biologically superior health-status are better workers, and
that’s a class thing, but if they have leisure-time, they are also
better sexually privileged. We might think of models or prostitutes, but
professional athletes of any kind also walk this fine line. … Older and
disabled people as well as the very sick are at a disadvantage, not just
at work but in leisure-time. …” - MIM(Prisons) Glossary
This system of gender oppression is commonly referred to as
“patriarchy,” which MIM(Prisons) defines as:
“the manifestation and institutionalization of male dominance over
wimmin and children in the family and the extension of male dominance
over wimmin in society in general; it implies that men hold power in all
the important institutions of society and that wimmin are deprived of
access to such power.”(1)
Professor bell hooks’s description of patriarchy in eir work The
Will to Change: Men, Masculinity, and Love has also contributed to
this author’s understanding of gender oppression:
“Patriarchy is a political-social system that insists that males are
inherently dominating, superior to everything and everyone deemed weak,
especially females, and endowed with the right to dominate and rule over
the weak and to maintain that dominance through various forms of
psychological terrorism and violence.”(2)
Professor hooks’s definition of patriarchy not only recognizes terrorism
as a patriarchal mechanism, but that patriarchal forces do not intend
only to oppress, dominate, and subjugate females or even just females
and children, but patriarchy’s pathology is to hold down anything it
regards as weaker than itself. Patriarchy is a bully.
Children are one of the most stigmatized and oppressed groups of people
in the world. Patriarchal society considers children physically disabled
due to their undeveloped bodies and therefore susceptible to patriarchal
oppression – regardless of the biology of the child. This firmly places
children in the gender oppressed stratum. Due to disabled people’s
diminished bodies (and/or cognizance), disabled people can be
categorized similar to children subjected to patriarchy, ergo,
disability falls into the gender oppression stratum as well as class.
Patriarchy and Prisons
U.$. prisons are, from top to bottom, patriarchal structures. Prisons
are institutions where the police, the judiciary, and militarization
have crystalized as paternalistic enforcer of bureaucracies of
patriarchy; prisons, the system of political, social, cultural and
economic restraint and control, are fundamentally patriarchal
institutions implemented to enforce the status quo – including
patriarchal domination. Disabled prisoners in Texas have long been
labeled “broke dicks,” illustrative of their “less-than-a-man” status in
the prison pecking order.
There are laws mandating disabled prisoners not be precluded from
recreational activities, or any other prison activity for that matter.
Yet enforcement of these laws are prohibitively difficult for disabled
prisoners, especially prisoners with vision or hearing disabilities, or
cognitive impairments. The disabled have few advocates in bourgeois
society; they have virtually none in prison.
The likelihood that prison officials discriminate against and abuse
disabled prisoners is readily apparent. What is most disheartening is
able-bodied prisoners are often the perpetrators of mistreatment against
disabled prisoners, frequently at the behest of prison administrators so
as to procure favorable treatment. In fact, the most telling aspect of
the conditions of confinement imposed on disabled prisoners is the abuse
of the disabled prisoners at the hands of able-bodied prisoners. The
able-bodied prisoners are quick to manhandle and overrun disabled
prisoners in obtaining essential prison services which are commonly
inadequate and limited. When queued up for meals, showers, commissary,
etc. the able-bodied prisoners will shove and elbow aside disabled
prisoners; will threaten to assult disabled prisoners; and have in fact
assaulted disabled prisoners should they complain or protest being
accosted in such a fashion. All this invariably with the knowledge
and/or before the very eyes of prison administrators and personnel.
It is far too common for the victims of sexual harassment and assault in
prisons to be gay, transgendered, and/or disabled. Whether the
perpetrator be prison officials or fellow prisoners, this practice is
condoned by the culture of patriarchy and the hyper-masculine prison
environment.
In the Prison Justice League’s (PJL) report to the U.$. Department of
Justice titled “Cruel and Unusual Punishment: The Use of Excessive Force
at Estelle Unit” the PJL outlined the routine and systematic abuse of
disabled prisoners by prison personnel at the Texas Department of
Criminal Justice (TDCJ) Regional Medical Facility for the Southern
Region, Estelle Unit.(3) Prisoners assigned to the Estelle Unit per
their disabilities are regularly and habitually denied medical treatment
for their disabilities, ergo oftentimes exacerbating the causes and
effects of the disabilities which brought them to Estelle initially; are
denied auxiliary aids so as to accommodate their disabilities as
required by law; are physically assaulted by prison administrators and
staff, or their inmate henchmen; and with egregious frequency are
murdered at the hands of state officials.
Since the PJL’s report and subsequent Department of Justice
investigation, there has been a bit of a detente in the abuse visited
upon disabled Estelle prisoners by prison personnel. But the pigz are
barely restrained. Threats of physical violence directed at disabled
prisoners are still a regular daily occurrence, and prison personnel
assaults on disabled prisoners are still far too common.
Another recent example of the persistent difficulties disabled prisoners
face, even with the courts on their side, can be seen in the American
Civil Liberties Union’s (ACLU) recent settlement negotiated with the
Montana Department of Corrections (MDC), after it neglected to fulfill
Americans with Disabilities Act (ADA) requirements from a 1995
settlement, Langford v. Bullock. In 2005, the ADA requirements
were still not met, and despite the Circuit Court’s order requiring
Montana to comply with the 1995 settlement, it is not until 2017, and
much advocacy later, that negotiations are being finalized between the
ACLU and MDC. We can’t dismantle systems of gender oppression one
quarter-century-long lawsuit at a time. That’s why MIM(Prisons)
advocates for a complete overthrow of patriarchal capitalism-imperialism
as soon as possible.
Another patriarchal aspect to be observed in prisons is ageism. As
children are included in the gender-oppressed stratum, so should the
aged. As the able-bodied prisoners’ ability to work subsides due to age
in the First World, especially in the United $tates where the welfare
state is minuscule and the social safety net set very low, the
propensity for a once able-bodied persyn to be relegated to the ranks of
the lumpen is intensified. As the once able-bodied persyn becomes aged
and disabled, their physical, as well as mental, health becomes more and
more jeopardized, accelerating the degeneration of existing disabilities
as well as increasing the likelihood of creating the onset of new ones
(e.g. the First World lumpen are notorious for developing diabetes due
to poor diet and lifestyle issues).
Disability as a Means of Castration
Holding people in locked cages is an acute form of social control.
Solitary confinement creates long-lasting psychological damage. And
prison conditions in general are designed (by omission) to create
long-lasting physical damage to oppressed populations. Prisons are a
tool of social control, and exacerbating/creating disabilities is a way
prisons carry this through in a long-term and multi-generational
fashion.
Prisoners, who are a majority lumpen population, are likely to already
have unmet medical needs before entering prison, as described above in
the section on class. Then when in prison, these medical needs are
exacerbated because of the bad environment (toxic water, exposed
asbestos, run down facilities, etc.); brutality from guards and fellow
prisoners; poor medical care including untreated physical traumas,
improper timing for medications (see article on diabetes), and just
straight up neglect.
Mumia Abu-Jamal’s battle to receive treatment for hepatitis C, which ey
contracted from a tainted blood transfusion ey received after being shot
by police in 1981, is a case in point. Mumia belongs to an oppressed
nation, is conscious of this oppression, has fought against this
oppression, and thus is last on the priority list for who the state of
Pennsylvania will give resources to. And medical care under capitalism
is sold to the highest bidder, with new drugs which are 90% effective in
curing hepatitis C coming with a price tag of $1,000 per day. In a
communist society these life-saving drugs will be free to all who need
them.
Disability in the Anti-Imperialist Movement
The fact that people with disabilities will be treated better after we
take down capitalism is obvious. Our stance on discrimination against
people with disabilities in our society today is obvious. What is less
obvious is the question of how we can incorporate people with
disabilities into the anti-imperialist movement today, while we are so
small and relatively weak compared to the enemy that surrounds us. This
is an ongoing question for revolutionaries, who are always pushing
themselves to be stronger, better, and more productive. After all, there
is an urgency to our work.
Our militancy tends to be inherently ableist. With all the distractions
and requirements of living in this bourgeois society, we have precious
little time to devote to revolutionary work. We are always on the
lookout for things and people that are holding us back and wasting our
time, and we work diligently to weed these things and people from our
lives and movement. Often when people aren’t productive enough, due to
mental or physical consequences of capitalism and national oppression,
we can’t do anything to help them – especially through the mail. No
matter how sympathetic people are to our politics, and how much they
want to contribute, we just don’t have the resources to provide care
that would help these folks give more to overthrowing imperialism. Often
times all we can do is use these anecdotes to add fuel to our fire.
Disabilities amongst oppressed people are intentionally created by the
state, and a natural consequence of capitalism. If we don’t take any
time to work with and around our allies’ disabilities, then we are
excluding a population of people who, like the introduction says above,
are in the greatest need of a shift toward communism. We aim to have
independent institutions of the oppressed which can help people overcome
some of these barriers to political work. At this time, however, the
state is doing more to weaken our movement in this regard than we are
able to do to strengthen it.
[Of note, the primary author of this article has devoted eir life to
revolutionary organizing in spite of being imprisoned and with multiple
physical disabilities. Even though it is extremely difficult to
contribute, it is possible!]
You have both parents. I have one. We are both better off than those
who have none. You were given everything. I stayed on my feet.
We both had it better than those raised in the streets. What about
the one that just needed some new kicks? I don’t condone stealing,
but I don’t judge him one bit.
And you say you know what it’s like.
Have you ever been pulled over and feared for your life? Covered the
wound of a person stabbed with a knife? Gunshots ring past you
filling you with fright? Or decades and decades of fighting for your
rights?
And you say you know what it’s like.
You have four siblings. With mine I had fun. My friend’s whole
family was mowed down by the gun. You inherited love. There’s
nothing wrong with that. I just want you to see that you’ve never
been where we’re at.
And you say you know what it’s like.
You ever been homeless living under a bridge? You ever been to
prison with the thought of losing your kids? What about prison in
general for something you didn’t do? Oh wait, nevermind. Because you
have always been you.
Well I’ve always been me. Is it money that I lack? If Amerika’s
mostly white why are the prisons mostly Black? You went to a great
school. I went to one in the hood. Despite the school’s limitations,
I think I turned out really good. You had a good upbringing. Many
envy that. I just want you to see that you’ve never been where we’re
at.
And you say you know what it’s like.
When you lock us away, it’s usually for years. You say it’s justice,
but you just create more tears. Our families are victims too, of
mass incarceration. Your jury isn’t our peers. They convict without
hesitation. You think you do us a favor when we’re forced to take a
deal. It’s still too much time for a crime that’s not real.
You’ve been to court, too, but you sat where the public sat. That
still doesn’t show you that you’ve been where we’re at.
And you say you know what it’s like.
When cops kill us, we must have did something bad. Now we’re taking
back something we forgot we had. Our love for each other will bring
you to your knees. And show you what it feels like with your hands
up and you can’t breathe. Your lack of care for our lives will never
be without fuss. My people can see that it’s not justice, it’s just
us. Even some of your people join in our strides. Because they
see the truth of your bigotry and lies.
Times are steady changing, please remember that. Even on your worst
day you’ve never been where we’re at.
I’m writing this letter to update you on my efforts and the outcome of
the grievance petition. I filed my petition with the Department of
Corrections Commissioner, the Alaska Lt. Governor and to the Department
of Justice (DOJ). A few days later another captive and I were
transferred to administrative segregation at Anchorage Correctional
Complex – East, to the same module where captives who have violated DOC
rules are housed. We have been told we are not being punished, however
we live under the same punitive conditions.
A few days after our transfer I received a notice from the warden (she
calls herself a “superintendent” but she is a warden) telling me that
the petition I sent to the Lt. Gov. was forwarded to her to address. She
denies all of my claims and tells me that if I still have issues that
“the grievance procedure has a specific process to follow, including an
appeal process, and the right to seek redress in superior court if the
department does not rule in your favor.” She then states that the
Standards Sgt. is backlogged with grievances and asks for my patience.
This letter was coincidentally dated the day before our transfer.
During our transfer our property was seized, was deemed excess and was
denied issuance of even the most essential hygiene items. I have filed
multiple grievances about this, but the tactic now seems to be to ignore
all of my grievances. I have unacknowledged grievances that are over 3
months since filed. The DOC policy states it has 15 working days to
investigate and respond.
Now they are retaliating even more by seizing my legal mail, reading and
mutilating it. They use excessive force when outside cell by
over-ratcheting handcuffs and ensuring we are cuffed whenever outside
our cells. If our cell is not shaken down daily, it is every other day.
We have been strip searched (unwarranted) at least 3 times. When we are
given new clothing to change out, a gay guard glowers at our nakedness.
Books that have been sent to me by books to prisoners orgs have been
denied for absurd reasons like “contains book” or “unknown substance on
book.” More retaliatory measures than these have been imposed on me,
however it has not stopped me. I still write letters to the Commissioner
(who forwards them to the warden I am complaining about), the Lt.
Governor, the Governor and any other state official that may listen.
Including the ACLU. The ACLU has never responded to any of my letters.
Since being transferred to segregation it is difficult to disperse the
grievance petition which I am sure was the reason for my transfer. I did
however get it out to close to 60 or 70 people and I believe they will
pass it on as well. I have also mailed a few copies to people I know in
other institutions. These at first were censored. The reason given:
“typed.” I eventually had an officer mail them out (after several
attempts).
I am not sure what else they can to do me at this point but I am not
going to stop fighting.
MIM(Prisons) responds: This comrade’s story is a good example of
why the grievance campaign was initiated. Prisoners across the country
face this same problem with the grievance system of getting no response,
or bullshit responses, and never getting grievances seriously addressed.
The petition, which now exists for many states, is a simple demand that
our grievances be addressed.
Of course we don’t actually expect this petition will lead to victory
over a grievance system that is purposefully set up to deny prisoners’
attempts to demand their rights. But people like this writer are using
the petition as an organizing tool; getting others involved in the fight
and waking them up to their oppression and the importance of their role
in fighting back. We have to combine this work with education about the
criminal injustice system as a tool of social control under imperialism
so that we don’t mislead people into thinking petitioning will fix the
entire system. In this way we can take on these smaller battles in the
context of the larger struggle to build unity against imperialism.
Send us a self-addressed stamped envelope for a copy of the grievance
petition for your state, or a generic petition you can customize if one
doesn’t already exist.
After reading The New Jim Crow: Mass incarceration in the age of
colorblindness, by Professor Michelle Alexander, one can see the
dynamics of how the political economy shaped the prison system by taking
away the jobs which would in fact increase the crime rate. It’s been
reported over time that the CIA was the biggest drug trafficker in the
country and flooded the inner cities across Amerikkka, which only made
room for one thing – distribution by the inhabitants of the inner city.
Due to this new social phenomenon, lawmakers had a field day with
funding SWAT teams to serve narcotic warrants, and perform paramilitary
drug raids throughout the United $tates.
The Economic Recovery Act of 2009 included more than $2 billion in new
Byrne funding and an additional $600 million to increase state and local
law enforcement across the country. [The Edward Byrne Memorial Justice
Assistance Grant program is the primary provider of federal criminal
justice funding to state and local jurisdictions. - Editor] Multi-agency
drug task forces receive their finances from the federal government to
help them increase the prison population, while the lawmakers come
together to get Congress to pass laws that will keep inner city youths
in prison for mandatory minimums. The 3-strikes-you’re-out law
orchestrated by Bill Clinton allowed all the newly-built prisons
(California built new prisons from the 1980s to 2000) to stay full, and
also allowed other states to use this same sentencing method.
Before coming to prison, I along with others from the inner city had no
idea about the political landscape that jump started our oppression.
What shaped our views was learning how to apply a concrete analysis of
the concrete conditions, and how to apply this philosophy within our
culture. This concrete analysis is called dialectical materialism, and
once used correctly we were able to better understand our situation and
how to change our conditions. Through the study of our New Afrikan
history we realize our struggle was always due to our resisting
oppression. Oppression from the same class of people who first enslaved
us once arriving on these shore, via a capitalist/imperialist system,
established through military conquest, that controls you economically.
We New Afrikans have become political prisoners by challenging these
imperialists’ control over us through their oppression and have
established a social, cultural, economic, ideological, religious,
military, and personal interaction between us as a group of people in a
society. Our politics encompasses the totality of all human activity and
relationships.
I am on the Tier II Program in Georgia. I am confined to an isolation
cell 24 hours of every day. I’m not allowed outside my cell for any
reason, other than to shower three times a week. I’m not allowed ANY
phone calls, visits, photos (of either friends or family), nor am i –
unlike other prisoners – allowed to posess the recently distributed
electronic communication device.
My entire waking moment is expended ONLY on either legal or political
endeavors (this includes assisting others in such endeavors), even if it
simply entails me devouring some relevant item of legal or political
literature. In light of the intensity of my torture and the urgency of
my struggle – our struggle – nothing else is relevant enough to warrant
my attention or time.
The enemy succeeded in depersonalizing me – in dehumanizing me – in
emotionally and psychologically MURDERING me! – a long time ago, before
i even became aware of the fact of my systematic, gradual death. But as
a result of my “death” i’ve grown to be as militant (and stoical) as
they come. My creed is simple: “If it doesn’t concern the political, it
doesn’t concern me.” Frantz Fanon in his Wretched of the Earth
stated that “any torture deeply dislocates, as might be expected, the
personality of the tortured.” I cannot state, with certainty, that i
would have – or that i even could have – grasped the gist of Fanon’s
statement were it not for my own continual involuntary subjection to
torture.
But to return from my digression, my lawsuit concerning the Tier II
Program raises a number of colossal implications. For one, my case is
the leading case attacking the inadequate due process procedures
attendent upon both a prisoner’s initial and continued assignment to the
Tier II Program, as well as contesting, in the so-called civil and human
rights context, the totality of the Tier II program confinement
conditions. What this means is that my case is inevitably going to set
the precedent (the criterion) by which all other subsequent Tier II
cases are to be handled in the judiciary.
Moreover, with regard to my motion requesting to be released from the
Tier II Program, that issue is currently pending in the court of appeals
for the Eleventh Circuit. If i am successful at the appellate level –
and it looks as though i will be – the favorable ruling would provide
prisoners with a vehicle through which to remedy “unlawful” or otherwise
erroneous assignments to the Tier II Program (and ALL assignments of
prisoners to the Tier II Program are arbitrary and intentionally carried
out by prisoncrats in derogation of formal Departmental policy).
But most importantly, my case – because it is the test case – is going
to settle (for better or worse) important questions with respect to both
the civil and human “rights” of prisoners nationwide. Such is the
significance of my case. But even a string of “bad” decisions would
still be “good” for the anti-imperialist movement, because it would only
further “expose the fallacies of the reactionaries”(Mao), here, the
futility of the Amerikkkan court system.
In any event, i will be forwarding the Prisoners’ Legal Clinic some
relevant court documents from my case within the next week or so, if
only to keep you abreast of developments. Actually, the trial court, to
its credit, has already condemned the confinement conditions of Tier II
as “so egregious that a constitutional right was clearly
violated.”(Nolley v. Nelson, No. 5:15-cv-75-CAR(M.D.Ga.), Doc.
50, p. 29.
I’m writing from Arizona solitary confinement, aka SMU2, to let others
know what is going on with the corrupt medical grievance process.
Recently a memo was passed out that all medical grievances are now to be
treated differently and go through Corizon staff, which is the
contracted company that provides health treatment to Arizona Department
of Corrections (ADC). This process consists of only 2 steps, which are
an “informal resolution complaint” and then the “grievance.” Both are to
go through the Facility Health Administrator (FHA), which allows for no
transparency nor checks and balances. Since this change in the grievance
procedure, not one “informal resolution complaint” form has been replied
to in accordance to ADC’s Department Order #802 “Inmate Grievance
System”, that is set up to oversee this process.
So after the FHA does not respond, one has to move on to the grievance
per this policy. The grievances are not delivered back for 1 to 2
months, and this only due to me writing to a CCO3 (counselor) to inquire
about replies. The replies are pretty generic and consist of responses
like “your complaint has been forwarded to…” “your complaint is
substantiated…” etc. and that the grievance is resolved. Yet nothing is
done and there is no type of appeal to this, so no other remedy can be
sought as the process is exhausted here.
Before, the process wasn’t much better but it would go through 4 steps
as a way to oversee this process. I have sought remedy through this
process on many occasions, so many as a matter of fact that I have
actually had 2 meetings with the FHA. At the latest one, she personally
resolved a grievance by renewing one of my prescriptions. Yet these
prescriptions were not renewed and instead were allowed to expire
without any type of tapering or alternative treatment in place. So I am
at a loss as to what my next step is, as even when a grievance is
granted it is not followed through on.
The American Civil Liberties Union (ACLU) and a couple of other law
firms actually have a lawsuit on behalf of ADC prisoners named
Parsons v. Ryan which is not even being adhered to, as the ACLU
recently filed a motion showing that ADC was not in compliance with this
lawsuit. Being that the suit is not for monetary compensation to the
actual plaintiffs, being us, the ACLU gets their so-called expenses paid
as well as the fine, which in this last case was a cool $2 million.
ADC would rather pay the fine than provide adequate health care as it is
much cheaper to do so, and they will continue to do so because it will
save them a ton of money! I have written the ACLU in Washington and the
Arizona ACLU, as well as the Prison Law Office out of San Quentin who
are the attorneys in charge of the lawsuit and all that they do is
forward my informal grievances and HNRs to each other as well as shoot
me one another’s addresses for me to contact them. The replies are to
grieve it, which I have, and the grievances were substantiated and
granted yet I am here in my little cell without treatment as I write
these very words.
Any ideas of what to do next would be greatly appreciated! I let the FHA
know that this type of deliberate indifference and derelict of duty
would not be allowed in any other type of medical treatment setting.
Therefore why is it allowed here in SMU2? If anyone has suggestions on
how to proceed please contact MIM(Prisons) for me, thank you.
MIM(Prisons) responds: This writer provides yet another good
example of the failure of prison grievance systems as well as the
courts. In this case Arizona has set up a system that just wastes
prisoners’ time while offering no accountability, even when grievances
and Court Orders are granted.
It is for situations like this that the campaign to demand our
grievances be addressed was initiated. We have a petition pertaining to
Arizona State Prison that could be modified for this battle in solitary
confinement. While these petitions don’t often win the battles for us
immediately, they help us build support by spreading the campaign to
others and giving them specific actions they can take. At the same time
we’re all too well aware that prisons don’t have an interest in
addressing grievances. Anything that costs more money or requires more
services, or that forces COs to treat prisoners with respect and
dignity, is going to be a hard battle. The criminal injustice system is
set up to do the opposite, and so we will have to fight for each right.
Write to us to get a copy of the Arizona petition to modify for this
battle.
While grievances and courts fail, we learn the same lesson over and over
again – that legal battles will not get us where we need to be, to a
world without oppression. Court cases and grievance campaigns sometimes
win some victories, that is true. But for long-lasting change we really
need to organize with each other, build unity, educate and struggle
together to force change. We hope this correspondent will take this
failure of the courts as inspiration to try a different method of
resolution.
Title II The Americans with Disabilities Act (ADA), codified as Title 42
of the United States Code, Section 12131 (42 USC §12131, herein after
§12131), applies to “any State or local government, any department,
agency, special purpose district, or other instrumentality of a State or
States or local government…” (§12131[1][A][B]). The ADA defines a
“qualified individual with a disability [as] an individual with a
disability who, with or without reasonable modifications to rules,
policies, or practices, the removal or architectural, communication, or
transportation barriers, or the provision of auxiliary aids and
services, meets the essential eligibility requirements for the receipt
of services or the participation in program or activities provided by a
public entity.”(§12131[2]).
Disabled prisoners in state facilities come under the auspices of ADA
provisions.
“[S]tate prisons fall squarely within definition in 42 USCS
§12131(1)(B), of ‘public entity’ subject to Title II, (2) text of ADA
provides no basis for distinguishing recreational activities, medical
services, and educational and vocational programs provided to prison
inmates from ‘services, programs, or activities’ provided by other
public entities …[.] [T]itle II’s definition of ‘qualified individual
with disability’ […] which refers to ‘disability’ requirements and
‘participation’ in programs, does not exclude prisoners.”(Pennsylvania
Department of Corrections v. Yeskey, 118 S.Ct. 1952)
In the landmark case Ball v. LeBlanc, 792 F.3d 584, the U.S.
Court of Appeals for the 5th Circuit held: Under the ADA, Louisiana
state prisoners on Angola’s death row were to be considered disabled if:
“[They have] ‘a physical or mental impairment that substantially limits
one or more major life activities.’ (42 U.S.C. § 12102[1][A]). The
statute defines a major life activity in two ways. First, major life
activities include, but are not limited to: caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping, walking,
standing, lifting, bending, speaking, breathing, learning, reading,
thinking, communicating, and working.
“Second, a major life activity includes ‘the operation of a major bodily
function.’ Such functions include, but are not limited to: the immune
system, normal cell growth, digestive, bowel, bladder, neurological,
endocrine, and reproductive functions. The prisoners can prove
themselves disabled if their ailments substantially limit either a major
life activity or the operation of a major bodily function.”(42 U.S.C. §
12102 [2][A][B])
The ADA requires prison officials to reasonably accommodate disabled
prisoners in regard to all activities afforded able-bodied prisoners.
“[D]eliberate refusal of prison officials to accommodate inmate’s
disability-related needs ([in] virtually all [ ] prison programs)
constituted exclusion from participation in or denial of benefits of
prison services, programs, or activities. ‘[P]ublic entity’ under 42
USCS §12131(1) includes prisons.”(United States v. Georgia, 126
S.Ct. 877; Loye v. County of Dakota, 625 F.3d 494)
Though the ADA bestows on disabled state prisoners the right to
reasonably participate in all prison activities, probably of paramount
importance to disabled prisoners is participation in requisite programs
that must be attended per consideration for early release from prison to
limited liberty on parole. The ADA ensures disabled prisoners access to
these activities as well.(United States v. Georgia, supra.;
Yeskey, supra.; Jaros v. Illinois Department of
Corrections, 684 F.3d 667; Gorman v. Bartch, 152 F.3d 907;
Paulone v. City of Frederick, 787 F.2d 360; Raines v.
Florida, 983 F. Supp. 1362)
An organizational tactic that disabled prisoners might employ in
combating discriminatory exclusion from prison programs, activities,
and/or services, could be to pursue litigation as a class, or group, of
plaintiffs pursuant to Federal Rule of Civil Procedure (FRCP) Rule #23.
To identify as a class, disabled prisoners must establish “numerosity,
commonality, and typicality.”(Kerrigan v. Philadelphia Board of
Elections, 248 FRD 470; Marcus v. Department of Revenue, 206
FRD 509)
In short, a contingent of disabled prisoners must convince the Federal
court there is a significant number of “similarly situated” prisoners
being denied their rights and entitlements guaranteed by the ADA,
thereby identifying a class the court can certify as such.(Armstrong
v. Schwarzenegger, 261 FRD 173) Once a class has been certified, any
injunctive relief enforcing the ADA encompasses all prisoners identified
as the class of prisoner plaintiffs.(Schwarzenegger, supra;
Benjamin v. Department of Public Welfare, 807 F.Supp.2d 201)
Monetary damage awards can be obtained if the state actors are
deliberately indifferent to prisoners’ disability or if violations of
the ADA are intentional.(United States v. Georgia, supra;
Tennessee v. Lane, 124 S.Ct. 1978; Panzardi-Santiago v.
University of Puerto Rico, 200 F.Supp.2d 1).
The ADA enjoins prison systems to provide disabled prisoners auxiliary
or adaptive aid devices ensuring disabled prisoners are reasonably able
to participate in prison programs, activities, and/or services.
(Robertson v. Las Animas County Sheriff’s Department, 500 F.3d
1185). This means if you are disabled or impaired as recognized per the
provisions of the ADA, the state must provide you with implements and
apparatus so as to assist you in participating in common daily and
required programmatic activities.
In sum, to prevail on an ADA violation claim, a disabled state prisoner
would submit to a Federal district court with jurisdiction a civil
rights violation complaint pursuant to 42 USC §1983 (United States v.
Georgia, supra) (a §1983 form can be obtained from the clerk in the
district in which the civil suit is to be filed) citing §12131 as
statutory provision authorizing the claim. In the complaint a
prospective plaintiff must show they are a qualified person with a
disability, they were excluded from participation in or denied benefits
of a prison system’s programs, activities, and/or services, and the
exclusion and/or denial of benefits was due to the prisoner’s
disabilities.(United States v. Georgia, supra;
Panzardi-Santiago, supra; Constantino v. Madden, 16 FLW
Fed D 321)
Prison administrators are to be trained, and to train or to have trained
prison officials and personnel that are to supervise and have contact
with disabled prisoners.(Gorman, supra) Moreover, it is important
disabled prisoners be aware non-medical prison officials can in no way
supersede any medical directive affecting a prisoner’s disability or
accommodation thereof. (Chisolm v. McManimon, 275 F.3d 328;
Beckford v. Irvin, 49 F. Supp. 2d 170; Saunders v. Horn,
959 F. Supp. 689; Arnold on Behalf of H.B. v. Lewis, 803 F. Supp.
246)
The above is a very brief and truncated overview of the ADA as it
applies to state prisoners and should not be construed as a
comprehensive examination of disability law as it pertains to prisoners.
This article is no more than a primer meant to initiate disabled
prisoners with their legal rights and remedies. If a disabled prisoner
is experiencing abuse and discrimination at the hands of prison
officials, the disabled prisoner should take it upon themselves to
research pertinent precedents and authorities necessary in remedying the
situation and pursue those via the various avenues of relief.
The U.S. Department of Justice provides a free 211 page booklet entitled
“ADA Title II Regulations: Non-discrimination on the Basis of Disability
in State and Local Government Services.” The booklet can be had in large
print, audiotape, Braille, and DVD. The booklet can also be provided in
Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Spanish, Tagalog
and Vietnamese. Or it could be, that is until the Jingoist xenophobe
Trump took the imperialist helm. The DOJ can be contacted at:
U.S. DOJ Civil Rights Division Disability Rights Sec. 950
Pennsylvania Ave, NW Washington, DC 20530
There are a number of non-governmental organizations that assist
disabled prisoners on a pro bono basis. The DOJ can provide contact
information for disability rights advocates in your area.
Finally, the law library at your facility may have available for review
the annotated version of §12131. This annotated edition of Title II of
the ADA provides synoptic court rulings of the rights afforded disabled
prisoners.
Very important is to document and keep records of all acts of disability
discrimination and violations of the ADA – incidents, names, dates,
witnesses, etc. This can best be accomplished via the administrative
grievance procedure at your prison, while at the same time executing the
required exhaustion of administrative remedies prior to filing suit.
In closing, it is my sincere desire that this overview proves to be of
effective utility to those disabled prisoners facing the barbarous
conditions of existence imposed on them by the enforcers of the carceral
state.
To any able-bodied prisoners that may read this brief overview, I would
remind you, an injury to one is an injury to all!