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[Control Units] [Legal]
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Tier II Challenges in Court

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.

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[Legal] [Medical Care] [ULK Issue 57]
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Americans with Disabilities Act Overview

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!

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[Campaigns] [Arizona State Prison Complex Eyman SMUII] [Arizona] [ULK Issue 57]
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Medical Care in Arizona's Solitary

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.

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[Campaigns] [High Desert State Prison] [Nevada] [ULK Issue 57]
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A Call to Action to the Prisoners of HDSP in Nevada

The Nevada Council for the United Struggle from Within (USW) is putting the call out for prisoners at High Desert State Prison (HDSP) to end all the hostilities, and to join together in the ongoing grievance campaign and ultimately the mass 1983 civil complaint campaign, that is now underway at HDSP.

The conditions of confinement at HDSP must be challenged. Over the years, our constant infighting has distracted us while our conditions of confinement have gotten progressively worse. We are now faced with a situation where we remain confined to our cells up to 22-24 hours a day, are not given proper cleaning supplies, are denied the use of our toilets, are housed with those who should be being treated for their mental illnesses rather than being overly medicated, etc.

This campaign has already begun, with many individuals having filed grievances, while the final stage of filing a civil complaint is already under way. Our main focus is and must be the lack of programs, education, and work abilities which deny prisoners housed at HDSP the credits which shorten their sentences.

We are in the position that we are in because our national groups have failed to be properly mobilized around an internationalist class consciousness. We have focused on individualistic issues. We as prisoners have allowed this to happen to ourselves. With each new restriction imposed, no action or protest was organized. We are as much to blame as anyone else. Without organized opposition, the administrators have reached new heights of repression and disregard of our needs.

But the United Struggle from Within Nevada Council has taken steps to organize this grievance campaign. We are calling on all nations within the walls of HDSP; PC, GP or otherwise, put aside your differences and conflicts. We are not enemies. We are allies, and share a common interest in fighting back against what we are faced with every day.

So, we are putting out the call. Let's stop all hostilities and join together in raising our voices as one and demanding that we be treated as humans.

Comrades within the USW in Nevada have already united with a few nations in this struggle. There are already over 30 grievances filed! Change will occur, but only if each of us do our part to fight back.

To aid you in this struggle, we have compiled examples of the grievances that have been filed. The examples cover all three grievance levels. We are also writing up an example civil complaint, which can be utilized to challenge the NDOC in court.

If you want change, fight for it. Join our campaign. Stop all hostilities, and pick up the pen!


MIM(Prisons) adds: Nevada was where the first September 9 Day of Peace and Solidarity originated in 2012. It's good to see comrades in Nevada keeping it moving. Any prisoners of the state of Nevada can write us for a copy of the example grievances.

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[Economics] [ULK Issue 58]
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Inform the Streets

Knowledge

Revolutionary greetings to all kaptives inside the gulags of the United $nakes of A-murderer. As kaptives with lots of time on our hands, knowing firsthand the oppressive state apparatus, we must work to politicize ourselves, then our contacts on the streets. As there are many orgs in existence pushing for exposure of prison conditions, we must do our part; persistently sending them reports on incidents of violence, food and health care neglect, mail tampering, and the overall divisive and mentally debilitating tactics used by the state (and its pig lackeys).

We must teach one another how to analyze these conditions from an anti-imperialist perspective. We then must help to raise the consciousness of those outside the gulag (individuals, orgs, support networks, etc.). We must help them to see the direct cause of our treatment as imperialism; then we can tie in some of their personal struggles as belonging to the lumpen class/oppressed nation as well, hence imperialism as well.

It appears that our path forward is constantly blocked or taken over by enemy, backwards, or conservative elements without our nationalist movements. Hence our nationalist consciousness remains a strong aspect to unify around. And we should study projects such as the Jackson Rising platform, to both amplify our call to national unity as well as develop the tactics and strategies used by them. By showing the link between imperialism and national oppression, we can direct the path forward.


MIM(Prisons) adds: Jackson Rising was a conference in 2014, which launched the Cooperation Jackson project based out of Jackson, Mississippi. Cooperation Jackson is building dual power for colonized New Afrika, and is an outgrowth of the Provisional Government of the Republic of New Afrika, and the Jackson-Kush plan.

Cooperation Jackson's aim for self-determination for New Afrika is certainly righteous. Yet we want to raise one line question in the project which we believe is extremely important. The economic analysis of Cooperation Jackson seems to deny the petty bourgeois nature of non-lumpen New Afrikans. According to a document titled The Jackson-Kush Plan: The Struggle for Black Self-Determination and Economic Democracy,

"Operation Black Belt is a campaign to organize the oppressed peoples and exploited classes in the South, particularly concentrating on organizing Black workers in the region who form the core of the oppressed Black or New Afrikan nation that has been super-exploited for centuries, into militant, class-conscious and social movement-based worker associations and unions."(p. 13)

While it was reasonable to refer to New Afrikans in the 1960s and earlier as proletarian, or exploited, we believe there is no way that any U.$. citizens could be considered super-exploited today. The struggle for unionization and benefits for citizen-workers today comes largely on the backs of the actually super-exploited people working across the Third World.

While we acknowledge that Cooperation Jackson is one of the only projects we know of which is putting self-determination into action against the United $tates government, we believe that a misstep on the question of the labor aristocracy within the imperialist countries places the struggles of internal semi-colonies in opposition to the proletarian masses in the Third World. How Cooperation Jackson might put this analysis into action in its work is up to New Afrikans working within that project. But we want to push them on clarifying/updating their economic analysis.

Our comrade in Ohio suggests above that our subscribers need to raise their own consciousness, and then reach out to people outside prisons to help raise their consciousness. MIM(Prisons) struggles with other organizations through ULK regularly. Our subscribers struggling with other orgs through the mail, or ULK, is certainly another medium to advance the anti-imperialist movement. You can write in to MIM(Prison) for reading material about the labor aristocracy. Cooperation Jackson can be reached at PO Box 1932, Jackson MS 39215.

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[Gender] [ULK Issue 57]
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Fighting Sexual Orientation Discrimination

When it comes to unification in prisons, there is one topic that needs to be addressed: discrimination. For some reason, prisoners have a tendency to discriminate against other prisoners for a plethora of reasons. Race, color, creed, ethnicity, and sexual orientation are just a few. The one I would like to discuss here is sexual orientation.

I use the word "orientation" instead of "preference" because this is a unique situation in prison. So many times people become homosexual in this environment out of necessity, or force, rather than by choice. Unfortunately, the prison systems in this country are disproportionately black, and this largely contributes to the large number of whites who fall prey to and are trapped in the prison sex slave industry. Some do it for protection and security, and some are just bullied and coerced into it. For many it's just a means of survival.

The drug trade is also thriving in the prison environment, which is another trap for those who struggle with addiction issues. They are able to support their habits by exchanging sexual favors for a "fix." In addition, the drug dealers are able to get their hands on female hormones such as estrogen, which they dose their sex slaves up with. These drugs can have long-term, even life-long effects which increases a lot of the guys' sense of worthlessness.

Many times, the reason that white prisoners are abused this way is due to black prisoners' desire to retaliate against the predominantly white-run system that has oppressed and persecuted them throughout their life. While this desire is certainly understandable, their attacks are misdirected. We shouldn't discriminate against anyone for any reason because, as prisoners, we are all ultimately in the same situation. We should struggle together toward the same goal.

There are definitely people in prison who elect to practice homosexuality out of their own free will. We shouldn't exclude them as comrades either. We must all unite and fight the system that has taken everything away from us.

Let's put our differences aside, regardless of what they are, and let's stand united as equal partners and bring this tyranny to an end. We're all human beings and none of us are better than the rest. It's time that we realize that and stop judging and classifying each other. Let's focus our energy on the proper target: Imperialism and the Prison Industrial Complex. United we stand, divided we fall!


MIM(Prisons) responds: This is an excellent reminder of the importance of fighting against gender oppression within prisons. This comrade is right on that we need unity, and we must fight the use of sex to coerce, punish, or just overpower others. We don't care if people are straight or gay or any other form of queer, as long as they are on the side of anti-imperialism and building unity rather than division.

While the U.S. Department of Justice affirms this writer's assertion that many victims of sexual assault are white (and numbers are even higher for people who are "two or more races"), we don't have access to data on the national background of perpetrators.(1) Even if it is true most perpetrators are New Afrikan, we also can't conclude whether this would be because of a psychological desire for retribution, or simply a statistical likelihood because so many prisoners are New Afrikan in the first place.

To push the fight against rape in prison forward, we have the example of Men Against Sexism (MAS), a prisoner organization in the 1970s that fought sexual assault, providing protection for vulnerable prisoners and attacking the culture of sexism. Ultimately MAS had a significant positive impact at Washington State Prison which in turn impacted prisons across the state. MAS demonstrated the potential power of conscious prisoners coming together for an important cause.(2)

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[Gender] [High Desert State Prison] [Nevada] [ULK Issue 57]
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Nevada USW Fighting Gender Abuse

The USW-NV study group spent much time discussing the topic of gender, sexuality, and what our position on it must be. This discussion came about because a comrade heard SCO Franco and another officer discussing two trans women that live in another pod. SCO Franco, with a number of racial and homophobic slurs, stated that he was looking for a reason to write them up because "no fag would be on my tier prostituting themselves unless I am getting something." These pigs were making a big joke out of it. This comrade spoke up, and as a consequence his cell was searched, and he lost some items.

We have determined, through our discussions, that gender is more than simply genetic. It is not a matter of choice, nor can one be "cured" of homosexuality. We are born who we are, and any person or institution that challenges this must be struggled against.

Based upon this and many other discussions, we have reached out to the LGBTQ community both within the Nevada DOC, and the greater community, in an attempt to build solidarity, and show them that they are not alone.

The LGBTQ community, especially within prison, is a very preyed-upon community. Inmates avoid them, assault them, or simply exploit them, while the pigs ignore them. Within prisons, members of the LGBTQ community have lost any identity, and instead have become "them," "fags," or "MOs." This is unacceptable. As such, we have taken an active role in promoting a call for the organization of the LGBTQ community into statewide groups. This call was put out by a great LGBTQ group called Black and Pink.

We have aided in the formation of a NV LGBTQ group, have and will continue to associate with them openly to show our solidarity, and will, if the need arises, defend this group or its members, in whatever ways needed. Be it from the pigs, or other inmates.

We call on all to follow, stand up against all forms of oppression, exploitation and hatred. Contact Black and Pink and show your support, and reach out to the LGBTQ community at your prison. Stand with them, help them organize, and join our United Struggle from Within.

Black and Pink is an LGBTQ organization that publishes a monthly newsletter, and helps those members of the LGBTQ community who are incarcerated. The NV-USW has reached out to them in hopes of starting an open chain of communication. We have not heard back as of yet, but please contact them and call on them to join the United Struggle from Within. You can contact them at Black and Pink National Office, 614 Columbia Rd, Dorchester, MA 02125

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[First Nations] [Aztlan/Chicano] [U.S. Imperialism] [ULK Issue 57]
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Plan de San Diego Commemoration Starts with 1492 Invasion of the Americas

Brown Berets marching

In 1492, the European colonization of Turtle Island, which they'd call the Americas, began with the voyage of Christopher Columbus, in command of the Niña, Pinta, and the Santa Maria. This recon expedition arrived in the Caribbean and landed on the island of present-day Haiti and the Dominican Republic, which they named Hispaniola. In 1492, Columbus returned with a second, larger force, comprised of 17 ships and 1,200 soldiers, sailors, and colonists.

By 1535, Spanish conquistadors had launched military operations into Mexico, Central America, and Peru. Using guns, armor, and metal-edged weapons as well as horses, siege catapults, war dogs, and biological warfare, the Spanish left a trail of destruction, massacres, torture and rape. Tens of millions of indigenous peoples were killed within the first century. The Mexica (or Aztec) alone were reduced from 25-million to just 3-million. Everywhere the death rate was between 90-95% of the population.

For all native Americans, the coming of Europeans to the New World marked the beginning of a long, drawn-out disaster. Their cannons and rifles gave them the ultimate power to inflict their will on the indigenous people. Even as they learned from the indigenous people how to survive in their new environment, Europeans saw their own way of life as the only "true" civilization. Indeed, so powerful did the notion of European superiority become that today they celebrate the "Discovery" of the New World by European explorers. Too often, we forget that what happened in 1492 was not the discovery of a New World but the establishment of contact between two worlds, both already old.

Was the European, or "Western" way of life really superior? This question remains a subject of stormy controversy throughout the world. Much of the resentment against Europeans and North Amerikans expressed by people in the Muslim world, for example, is based on the history of invasion, conquest, and domination by Western powers, a subject to which our RAZA and ALL indigenous people in the Western Hemisphere are familiar. European invasion and settlement spelled the doom of indigenous societies.

Amerikkka has always been a hegemony, a term which refers to dominance or undue power or influence. A hegemonic culture is one that dominates other cultures, just as a hegemonic society is one that exerts undue power over another society.(Gramsci, 1992/1965, 1995)

Ideologies

A classic study of the emergence of an ideology was Max Weber's analysis of the link between Protestantism and Capitalism, The Protestant Ethic and the Spirit of Capitalism (1974/1904). Weber noticed that the rise of Protestantism in Europe coincided with the rise of private enterprise, banking, and other aspects of capitalism. Weber hypothesized that their religious values taught them that salvation depended not on good deeds or piety but on how they lived their entire lives and particularly on how well they adhered to the norms of their "callings" (occupations).

The most important norms in Western civilizations are taught as absolutes. The Ten Commandments for example, are absolutes: "Thou shalt not kill," "Thou shalt not steal," and so on. UNFORTUNATELY, people do not always extend those norms to members of another culture. For example, the same "explorers" who swore to bring the values of Western civilization (including the Ten Commandments) to the New World thought nothing of taking Indians' land by force. Queen Elizabeth I of England could authorize agents like Sir Walter Raleigh to seize remote "heathen and barbarous" lands without viewing this act as a violation of the strongest norms of her own society.(Jennings, 1975; Snipp, 1991) Protest by the indigenous people often resulted in violent death. But the murder of indigenous people and the theft of their land were rationalized by the notion that the indigenous people were inferior people who would ultimately benefit from European influence (the same ideology that justifies in their minds the wholesale murder of our Raza throughout the barrios of Aztlán by the police). In the ideology of the conquest and colonial rule, the Ten Commandments DID NOT APPLY (then or now).

So when you hear Trump making statements like, "Make Amerikkka Great Again!", make no mistake about it, what he is in fact saying is, "Make Amerikkka White Again!"

So in commemorating the Plan de San Diego, when asked the question, "What's this gotta do with me?" "Everything you're talking about happened a long time ago." RAZA, it has everything to do with YOU! It's time for the sleeping Giant to WAKE-UP! And say YA-BASTA! We have a rendezvous with destiny!

In this New Katun! This is OUR SIXTH SUN! As [email protected] growing up in occupied Aztlán. This is why [email protected] and Raza are discriminated against, marginalized and imprisoned at higher rates than Amerikkkans.

We must build for the Reunification and Liberation of Aztlán!!!

We have been plagued with this Amerikkkan disease LONG ENOUGH!!!

VIVA LA CAUSA VIVA LA RECONQUISTA!!!

VIVA MIM!!!

MIM(Prisons) adds: By the time this issue of Under Lock & Key hits the cell blocks across the United $tates, August will be upon us. In addition to the 38th annual Black August, commemorating the New Afrikan prison struggle, this August we mark the beginning of a campaign to commemorate the Plan de San Diego. This Plan called for a united front of oppressed nations living on occupied Turtle Island to take up arms against the settlers and reclaim land for the oppressed. If you haven't already, write to MIM(Prisons) to get Plan de San Diego fliers to distribute. The flier calls on [email protected] comrades to study, build with others, write articles, make art and develop [email protected] consciousness inside prison.

The building of consciousness and unity this August should lead up to the 9th of September when all prisoners are encouraged to mark the United Front for Peace in Prisons Day of Peace and Solidarity. Last year, September 9 was marked with many actions across U.$. prisons to commemorate the Attica uprising. Let's build on that momentum! Keep us updated by sending in your reports on what you achieved during Black August, Commemoration the Plan de San Diego and on the September 9 Day of Peace and Solidarity.
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[Culture] [ULK Issue 58]
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War for All of Apekind Trumps Revenge

War for the Planet of the Apes
War for the Planet of the Apes
14 July 2017
PG-13
**Spoilers**

This is the third movie in a new trilogy based off the original 5-film series. Like Rise of the Planet of the Apes (2010), War for the Planet of the Apes (2017) makes many references to the original series. It does a lot to set up for the scenario in the original second film, Beneath the Planet of the Apes (1970). However, the ending seems to crush that possibility. There is a fourth film being planned for the new series, and it is not clear what the scenario will be.

This new series lacks some of the scifi complexities of the original that dealt with space and time travel and mutations and evolution. So far the new series has covered a modest 15 years, in one world, and is a pretty straight forward story of struggle and war between humyns and apes whose brains evolved due to a brain-enhancing virus developed to cure Alzheimer's disease in humyns.

In Beneath (1970), the humyn civilization is built around a worship of nuclear weapons and the film is a righteous critique of nukes. In War (2017), the humyns are led by a messianic colonel who blames the man-made viruses for their plight. This leads to an anti-science position that puts these humyns at war with another faction who want to find a medical cure to the plague striking humyns. In the case of nuclear weapons we can say that humyns are taking technological advances into a dangerous direction that threatens all life on Earth. But this new Planet of the Apes series leaves us with the message that we should fear medical advancements. Under capitalism, such fear has a material basis because profits over people can lead to technological disasters in all fields. But in this post-apocalyptic world, there does not seem to be a functioning capitalist economy. So the message amounts to a religious movement calling for a cleansing, and opposing attempts at solutions in medical science. This feeds into the fear-mongering of fascist-leaning religious cults, unlike the original series that critiqued genocidal militarism.

In this movie, Koba haunts Caesar, both in dream-like visions and in the ongoing war that he started with the humyns. The mantra of "Ape shall not kill ape" is brought back by Koba in one vision, after Caesar kills a traitor who gave up Caesar's location in an attempt to save himself, leading to the murder of Caesar's wife and older son. Revenge for this event serves as Caesar's motivation through most of this film. When they encounter the traitor at an enemy camp he attempts to notify the humyns of their presence, endangering Caesar's life a second time. While Caesar is very merciful, he cannot abide to absolutes like "Ape shall not kill ape" and still serve the masses of apes at the same time. We later learn that the seemingly ruthless humyn Colonel has also made sacrifices for the greater good of humyns. The Colonel even offers Caesar lessons in not letting his emotions and drive for revenge guide him. This is one positive message of the film, which ends with Caesar returning to the struggle for all apes that he was so dedicated to in the last two films.

One of the new characters introduced in this third film is a goofy source of slap-stick humor. While this may be seen as a desperate attempt to liven up the series, perhaps it is a throwback to the third film in the original series, Escape from the Planet of the Apes (1971), which has a whimsical feel to it that is inconsistent with the two films before and after it. The comic relief character does play an important role in letting us know that more supersmart apes exist in the world. While he got audience laughs, the only funny part about this character in this reviewer's opinion was how the producers introduced the name of the young humyn who joins the ape leadership on their revenge mission. This young humyn is an interesting look at what we could call national or species suicide. She gives the "Apes United Are Strong" salute before playing a crucial role in breaking them free. At one point she asks the orangutan Maurice, "Me? Ape?". Maurice answers by saying her name. A sort of non-answer that seems to say no, but you are one of us. The examples of apes working for the humyns, and this humyn being part of the apes is a blow against identity politics. An individual's politics and the role they play in the world is not defined by what group they were born into, even though we can analyze about groups and their roles and positions in society.

On the other side, there are many traitors working for the humyns who were called "donkeys" and treated as servants, while being forced to commit much of the brutality against captive apes to prove their loyalty. This type of mentality is so well-established today that no force is needed to get Black and Brown pigs to be more brutal than their white counterparts. One of the traitors who beats and abuses Caesar when he enters the work camp comes to his aid at the very end. This comes after we see Caesar act in a firm and principled way in front of the traitor throughout the film. This is not just a nice, fictional story. In his autobiography, set mostly in the first wave of the U.$. prison movement, Black Panther Eddie Conway demonstrates that being politically consistent and being a leader does impact people in ways you may not realize for some time. And that people will come through for the movement when you don't expect it if you set a good example as a leader.

There is something unbelievable in the way the modern Planet of the Apes films combines the lumbering ape-suited actors, with the scenes of tracking humyns and searching in close combat situations. The idealized images of military and SWAT operations we're so used to in movies today just don't accommodate the clumsy movements of the apes. The more primitive scenes of war in the original series are actually more congruent and believable.

Overall, there was some good character development in War (2017) that demonstrated some useful lessons for political struggle. Like the other films in this new series there is more of a focus on fast-paced battle scenes than in the original series. And like the others in this new series, it loses some of the more radically progressive aspects of the earlier version. Despite that, the focus on prison struggles, like in Rise (2010), will probably preclude this movie from being screened in U.$. prisons. We are still holding out to see whether the makers of the new series will delve into the subject of the dictatorship of the proletariat, as did the last two films of the original series.

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[Spanish] [Organizing]
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Aprendizaje de Historia a Organización Atravez de la Pared

La primera vez que vine a la prisión toda mi percepción de organización en las calles cambio. Un cambio debido a la educación de historia: historia de otros movimientos y su organización en las calles desde la prisión. Yo soy creyente de que los prisioneros pueden tener una gran influencia con los activistas debido a nuestras luchas aquí. Pero como el dicho dice; “La lucha del prisionero hoy sera la lucha de la calle mañana.” El trabajo que se debe realizar desde estas paredes es para ayudar a influenciar otras organizaciones en educación, estrategia, democracia central y unidad sobre todos los trabajadores y personas oprimidas. Pero lo que encuentro en las calles es que todo el mundo quiere escoger que batalla es mas importante para su causa en vez de buscar una solución para todos los retos de las organizaciones.

Aquí en prisión a veces nos quedamos atrapados arrogantemente en pelear un asunto, que sólo satisface los deseos de egoístas de una persona, en vez de retar los asuntos que cambian el sistema de forma completa. Nosotros tenemos que aprender a unirnos bajo un paraguas para atacar los asuntos que enfrentamos.

Mi audiencia objetivo serian los trabajadores porque creo que tienen poder pero no lo saben todavía. La diferencia que contradice el trabajo con los trabajadores es que algunos están tan atrapados por el consumismo que no se organizan, o no quieren perder sus estatus así que no luchan enteramente por un mejor sueldo. También pude ser difícil trabajar con el lumpen por la falta de recursos.

Nosotros tendríamos que construir una opinión publica a través de medios de comunicación, cultura del hip hop, deportistas y revistas. La contradicción del capitalismo tiene que ser expuesta para que la audiencia asignada tenga algo porque luchar. Pero para concluir, los prisioneros también pueden ayudar a los LOs construyendo unidad y sobre entendiendo los asuntos de cada uno, combinando teorías y usando la ciencia para desafiar al sistema imperialista.


MIM(Prisons) responds: Este escritor ha traído un punto importante sobre la necesidad del poder mirar mas allá de nuestros asuntos y deseos personales hacia los problemas más grandes de los oprimidos. Esto es especialmente importante si esperamos unirnos más allá de nuestra distinción local. Y de seguro podemos usar salidas culturales para construir una opinión pública y unidad.

En la pregunta de organizar trabajadores, nosotros hemos escrito mucho sobre “la compra natural” de la mayoría de los trabajadores dentro de las fronteras de los U.$. y vemos esto como una explicación material para lo que este escritor anota: Ellos están atrapados en el consumo y no quieren pender su status. Estos trabajadores ganan más que el valor de su labor debido a todas las ganancias de la explotación del Tercer Mundo, que se trae de vuelta a este país imperialista. De forma que los trabajadores aquí sí entienden que su estatus es valioso y genera ganancias. Ellos tienen el dinero para gastar lo que les permite quedar atrapados en el consumo. Como resultado nosotros hemos visto a través de la historia de Amerika que estas personas no son una fuerza para el cambio progresivo, y organizarlos para que exijan salarios más elevados no es organizarse contra el imperialismo. Esta es una de las razones por qué nosotros nos enfocamos en la organización de los lumpen como un grupo que probablemente tenga un interés en la revolución.

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