Under Lock & Key

As more reports of abuse surface, and more leaks occur, it's becoming increasingly clear that the Bush regime is and has been engaging in a wide range of war crimes and human rights abuses throughout the world. From the mass killing of Afghani and Iraqi civilians and the intentional destruction of entire cities like Faluja to the use of secret CIA-run prisons and widespread use of illegal tactics such as mass arrests, indefinite detention without access to the courts, kidnapping, torture and assassination, the heartless thugs in Washington have demonstrated that they will stop at nothing to achieve their unrealistic goals and will not be restrained by the U.S. Constitution or International Law - much less human compassion or morality. Bush has said it himself: "My job is to protect the American people and I will do everything in my power to do just that." My question is: Who will protect the world from us?

I say "us" when referring to the people of this nation because I was born here. I'm a U.S. citizen of Mexican descent and, like many Mexicans residing north of the fictious border, I straddle two cultures. On one hand, I feel fortunate for the fact that I enjoy more freedoms and a better standard of living than my compatriots to the south; on the other hand, I understand quite well how my liberties and the great wealth of America are directly tied to the oppression and poverty of the Third World.

I say "us" because even though it wasn't so long ago that America waged a war of aggression against Mexico and stole more than half of its national territory, and even though I refuse to fully assimilate into white society and struggle daily against racism and the preposterous idea that I'm a foreigner in my own land, I am part of this nation. I mean, I pay taxes and take back what I can in the form of public services, health care, social development, etc. Many of my family members and loved ones also live here and greatly benefit from being American citizens. Some have even joined the military and, as I write, are fighting for this country overseas.

I say "us" because even though I don't take part in the electoral system, and even though I don't know anyone who voted for Bush, like it or not he is the President and his government is running the show. As far as the world is concerned, Bush was "elected" (and "re-elected") by a majority of Americans; he's the leader we "chose." I'm personally ashamed to call this theocratic fascist my "leader" — just as I imagine a person of conscience living in Germany during Hitler's reign would have been ashamed to claim the Fuhrer as his or her leader - but, hey, the truth is the truth, right?

I say "us" because even though I'm firmly against the wars in Afghanistan and Iraq, and even though I'm sickened by everything this country is doing in the Mid-East and throughout the world, it's apparent that those affected most by American atrocities rarely distinguish between someone like me and, say, someone like my relatives (who joined the military prior to 9/11 in the hopes of getting money for college but are now taking part in a shameful war). What Arabs and other Muslims see on their television screens or in the streets of Baghdad or Ramadi is American soldiers of all races and ethnicities. They, like many others inside and outside the U.S., suck up the whole melting pot theory and view us as one people.

I say "us" because even though I strongly object to capitalism and neo-liberalism and globalization, and even though it strikes a chord deep in my heart when I see what American corporations and trade policies and structural loans do to poor people in Latin America and Africa and Asia, I don't exactly refuse the benefits that come my way.

I say "us" because I know that statistically-speaking it's not a question of IF but WHEN the enemies of this nation will strike again. Intelligence officials - who have proven not to be so intelligent - have to be able to "connect the dots" 100% of the time in order to prevent another attack, and that's impossible. Numerical odds dictate that one day soon we're going to wake up like we did on September 11, 2001, and we're going to discover that somebody who hates us with a passion has managed to get their hands on a nuclear or biological weapon. Tens-of-thousands of ordinary people - folks like me and you and the old lady next door - will take the brunt of the attack while our so-called leaders - folks like Cheney and Rove and Rumsfeld, the true architects of everything that's going on right now - will be safe and secure in some underground bunker.

I say "us" because I'm beginning to realize something: I'm part of this nation, part of this law of supply and demand, part of this constant "need" for more land, more resources, more power and influence. And this isn't just some abstract or theoretical concept. Bush had it right when he arrogantly declared that "people are either with us or against us." In a struggle like this, an unending war with dire consequences for all of humanity, one must choose sides. You can't be a friend of the exploited and oppressed and, at the same time, a friend of the exploiter and oppressor. You can't support or be a part of the war machines and, at the same time, support or be a part of those crushed by that machine.

I say "us" but the more I think about it, and the more death and destruction I see carried out in my name, the more I realize that I don't want to be American if being American means contributing to or being complicit in any form of exploitation or murder.

I say "us" but I should be saying "them" because, from this day forward, I renounce this nation and forever waive any rights or benefits as a U.S. citizen. In fact, I am Mexican and I didn't cross the border; it crossed me. Time can't change that fact - just as it can't change the fact that my people have the memory of an elephant. One day, perhaps when America is most terrorized and vulnerable, we will rise up and take back what is rightfully ours. We will reject this people-eating, soul-crushing system and demand our freedom and dignity - and if they don't give it to us we'll take it! On that day we will say to the American people: "You're either with us or them." And to everyone else we'll say: Join our cause. Help us destroy this evil empire and, afterwards, build a free and just society - not just for Mexicans but everyone.

MIM(Prisons) adds: This comrade is right on in renouncing his/her stake in the imperialist country. We call it committing class/nation/gender suicide. Rather than giving up class/nation/gender privilege that comes automatically to citizens of Amerika, we call on people to use those privileges to the advantage of the struggle against imperialism.

Please, comrades at MIM, I have one small favor to ask. Please do not address us as "inmate" or "prisoner" or a number. We are "captives". Please address us as "captives."

An inmate is one who is brainwashed to believe he or she is still part of the U.S. An establishment that bows down and conforms and obeys the pigs and snakes and dogs, who hopes and dreams of being part of the USA system again. An inmate has a parole date within 5 to 10 years, with half time, and is totally controlled by his or her parole date.

A prisoner/number is one who believes and is brainwashed by some kind of prison gang and believes this gang is looking out for his or her best interest. One who does nothing to better themselves or educate themselves. One who sports an Amerikan flag on his or her coffee cup, roots for some u.s. corporate football/baseball/basketball team, who speaks and thinks the typical cretin prisoner mentality.

A captive informs him or herself, educates him or herself, understands the power of strong unconditional unity, always resist and fights to defeat their nazi-plutocratic pig captors, one being exploited by his or her captor to extort profit.

MIM responds: The Prison Ministry has long had a policy of using the term "prisoner" and not the term "inmate," so we have agreement there. Many have made the same distinction between the terms that this comrade makes.

We have always used the term prisoner because it makes clear the captive relationship between the imprisoned and those doing the imprisoning. In fact, we consider all prisoners political prisoners, precisely because of the political nature of the criminal injustice system that makes political distinctions between arrests, trials, juries, laws and sentences to disproportionately lock up oppressed nations.

We can generally agree with the break down of prisoners into three groups, those allied with imperialism, those opposed to it and those who are stuck in a lumpen mentality and potential allies to either of the first two groups. However, as an extremely oppressed group of people there is much potential for the revolutionary awakening of the imprisoned lumpen. And as one of the few groups in the united $tates that are potential allies to liberation struggles as a group, we can refer to them as "prisoners" and mean it to designate prisoners as being of the "masses." The degree that we need to divide the group we call "prisoners" will change as the struggle advances and it will be useful in certain contexts, but generally they are "prisoners" and therefore potential allies, if not explicit allies. We are not convinced that the term "captive" does a better job clarifying this than the term prisoner. We welcome feedback on this question from our readers as we are always working to refine our language to serve our political purposes.

Sexual Violence in Prison shows Gender not about Genitalia

In 2004, pictures released from u$ prisons in Iraq showed amerikan bio-wimmin warding over primarily bio-male Iraqis in acts of rape and sexual assault. This incident helped substantiate MIM's long-standing line that gender is not based on genitalia and that amerikans with female genitalia are in fact gendered male. The male gender, by definition, being the dominant group in gender relations under the patriarchy.

MIM had already suggested that prisoners in the united $tates might be gender oppressed before the Abu Ghraib pictures came out. This was due to the control of the sexuality and leisure time of prisoners by the state. In particular, Black men as a group are prevented from having consistent sexual relationships. This of course affects the family structure of the oppressed and therefore is a form of national oppression as well.

To help sort out the gender status of biomale prisoners, a recent Department of Justice report gives us the surprising statistics that, "In State and Federal prisons, 65% of inmate victims of staff sexual misconduct and harassment were male, while 58% of staff perpetrators were female". (Here we are discussing the 52% of reported sexual violence in prisons where the captor assaulted captive. The rest were inmate-on-inmate assaults, addressed more below.) (1) In the general population 97% of sexual violence reports are wimmin victims and the perpetrator is generally male (around 98%). The instance of female perpetrators is actually a higher rate in instances of assaults on males, estimated at around 14%. (2) Much higher than female assaults on wimmin, but nowhere near the 58% of assaults on prisoners of any biology.

With 93% of the u.$. prison population being male, we would expect a much higher percentage of assaults to be against males than females, even if rates of assault for wimmin was higher. But assuming 97% of victimization is of bio-wimmin as it is on the street, you'd only get 29% of the absolute number of assaults being against men in prison. So we're seeing a ratio of male to female victims on the order of 2 times the general population. In other words, if wimmin are five times as likely to be assaulted in prison than they are on the street, then men are 10 times as likely.

Unfortunately, the study does not breakdown the statistics of female on male vs. female on female assaults. But even if we assume that all of the 35% of staff sexual assaults on wimmin in state and federal prisons are perpetrated by wimmin, that leaves another 23% of the perpetrators who are females attacking males (assuming one-to-one incidents, which was the vast majority). Even if you want to argue that no male guards ever sexually assault female prisoners, you see a significantly greater rate of bio-wimmin engaging in sexual violence against males in prison compared to the general population. Since female assaults on males in the general population are much higher than female assaults on females, we would be better off assuming the opposite. If we assume a proportional breakdown you'd be comparing 58% female perpetrators against bio-men in prison against the 14% on the street. If that weren't bad enough, we must factor in that females are still only a minority of prison staff, accounting for 22% in the federal system. (3) So that 58% of assailants is coming from maybe a quarter of the staff that happen to be bio-wimmin. These are the statistics that back up our line on Lynndie England that it could have been any amerikkkan womyn sexually assaulting Iraqi bio-men. And if we acknowledge that Iraqis under occupation are much more powerless and oppressed than amerikan citizens, then these statistics speak even louder to say that amerikan bio-wimmin are the enemies of the oppressed.

So first we saw that the vulnerability of men to sexual assault increases twice as much as wimmin after incarceration. On the flip side, we see bio-wimmin working for the state greatly increase their rates of assault compared to wimmin on the street. They go so far as to overcome men at the state and federal levels. In local jails the stats were closer to life on the streets, with 80% of the victims of staff sexual assault being female and 79% of perpetrators being male. (1) But even there a 20% rate of victimization of bio-men and 21% rate of assault by bio-wimmin is a noticeable difference.

Prisoners More Vulnerable than Wimmin?

While it is important to move away from one-on-one relationships in trying to understand gender systematically, incidents of sexual violence remains a widely accepted and useful indicator of gender oppression. The DOJ study showed sexual violence to be reported by prisoners at a rate of 2.9 per 1000 (it is not broken down by biology). This is about the same rate that 16-24 year old people, the age group with the highest rate, report sexual assault in the general population. The overall rate of reported sexual assault in the united $tates is 0.8 per 1,000 according to Department of Justice statistics. Only counting wimmin, the rate is 1.4 per 1000. Going back to prisoners, if we only look at state prisons the rate was 3.75 per 1000. All of these statistics are based on reported cases, and there could be reporting discrepancies between these groups. However, the statistics for prisoners are reported by the prisons, whereas the other stats are reported directly by the individual to the survey. Therefore, incidents not reported to police may be captured in the general population data, while they will not be reflected in the prisoner data.

So, it seems that prisoners (of both genders) and youth (of both genders) are reporting more sexual assaults than wimmin over all. If being young or incarcerated is really twice as risky as having female genitalia as the report rates suggest, then not only are there other considerations to determine someone's gender status, but there are factors that are much more important than what genitalia a persyn is born with. Below we will see how age and incarceration intersect to create one of the most gender oppressed groups in the united $tates.

MIM has established the basis for gender as purely gender in a persyn's physical development, age and health status. Therefore, when nation and class are not major complicating factors, such as within the amerikan labor aristocracy, these are the basis for gender differences.

However, the greatest differences in gender are found between the imperialist nations and the Third World people. Therefore when we talk about the spectrum of gender oppression we place most First Worlders on the male end of the spectrum, regardless of biology. We have demonstrated how First World bio-wimmin benefit by the patriarchy elsewhere. (4) The picture of bio-wimmin as sexual assailants in prisons above only adds to this argument. Now let's continue to look at how bio-men in the internal semi-colonies suffer under patriarchy via the criminal injustice system.

Are Black Men Gendered Female?

MIM circles have suggested that Black men could be gendered female due to their high rates of incarceration and historical vulnerability to whites who accuse them of rape. In other words, their gender power is limited by white hysteria around the Black rapist, and Black crime in general, in the context of a white-dominated society. The recently released statistics on sexual assault in prisons help to support this argument.

Among staff perpetrators in prisons and jails, 71% were white; 20%, black; and 7%, "Hispanic" and these averages were pretty similar to jails and prisons taken alone. (1) It's hard to argue that the 71% is a disproportionate number of assaults by white staff, as that is close to the representation of whites in the general population. However, in most service or otherwise undesirable fields of work, whites are becoming less common. It is a contradiction of our times that Blacks and Latinos are doing more of the footwork of the criminal injustice system than ever before. In the federal bureau of prisons whites make up only 57.2% of the staff. This number likely varies greatly among state prisons and local jails. Many states are still working on the good 'ol boy network, but some more prosperous states have taken the neo-colonial approach.

Among inmate victims, 80% were white; 14%, Black; and 5%, "Hispanic" in local jails, while 54% were white; 32%, Black; and 12% "Hispanic" in state and federal prisons. (1) In this data you see once again that whites are disproportionately the victims, even if they are slightly more likely to be the perpetrators. A couple explanations for this are suggested below. Even using the state and federal prison data, whites are 1.5 times more likely to be sexually assaulted than average, while Blacks and Latinos are below average for the prison population.

However, if you create an index based on the general population and not on prison populations you'll see that the u$ prison system results in Black bio-men facing much more sexual assault than other bio-men, especially whites who now have an index below average at 0.78 (see figure 1). By comparing these indexes between Blacks and whites one can see that when someone is born in the united $tates, h chances of being raped in h life would be 3.3 times greater if she is Black as opposed to white, ignoring other factors.

The identity politics crowd takes a mechanistic approach to oppression, giving the Black gay wimmin the pedestal of the most oppressed. They often put the straight Black man and straight white womyn on a similar level as each having one strike against them. But not only have Blacks historically been at the bottom of the national hierarchy in the united $tates, in the realm of gender they can compete with the white womyn pretty well for the title of oppressed. In general, all u$ citizens are gendered male anyway though. Just as the Black man is torn between his position as an amerikan citizen and an oppressed national, he is able to taste great gender privilege as well as oppression.

But Prisoners are Rapists Too

The Bureau of Justice reports that 48% of the incidents of sexual violence reported by prisoners were perpetrated by other prisoners. The idea that prisoners rape each other is nothing new to amerikans. It is probably more surprising to cop-loving amerikans that 52% of the incidents were actually perpetrated by prison staff, despite research that has shown the tendency of people to mistreat others when they have control over them in an oppressive prison environment.

One question that comes to the forefront in looking at prisoner-on-prisoner rape is whether these instances parallel lines of national oppression, with the oppressed being disproportionately victimized in gender relations. However, the prisoner perpetrators of sexual assault according to the reported incidents are approximately representative of the prison population by nationality. Meanwhile, the victims of rape are 72% white, when whites only make up 35% of the general prison population. As mentioned above, the accusal of rape against Blacks and other oppressed nations has been a tool of both national and gender oppression. It is possible that some of this statistic is an exaggeration based on white hysteria. But there are also reasons to believe that whites may face greater threats of sexual assault, such as the decline of white street organizations and the association of whites with the power structure. Franz Fanon and Eldridge Cleaver both talk about the socio-political motivations behind the pursuit or rape of white wimmin by Black men. In the all-male prison environment the white man can step in to play this symbolic role. If anything, gender is used as a counter-balance to national oppression among prisoners more than an extension of white power. It is on the systematic level that Blacks are facing significantly more gender oppression as explained above.

One area there seems to be a significant difference in rates of victimization is between different agegroups of prisoners. MIM sees age as part of the gender strand of oppression, so this seems intuitive. In the last two years of data, victims were on average younger than perpetrators. The latest data from 2006, show that 44% of victims were age 24 or younger, while 81% of perpetrators were age 25 or older. Unless 44% or more of the prison population are under age 24 (U.$. Dept of Justice does not seem to publish this data), the most vulnerable age group to sexual assault appears to be disproportionately more vulnerable once put in prison. Another source indicates that youth in adult prisons are 5 times as likely to be sexually assaulted than if they were in a youth prison. (6)

Some 82% of the victims in inmate on inmate sexual assaults were male. Where assaults are almost exclusively same-sex this is merely indicative of the significantly greater propensity for men to rape. But we cannot ignore the fact that 82% of the victims are bio-men as well. It is clearly a case of population dynamics. In this sense prisons are a perfect example to prove that gender relations are not dependent on having certain genitalia. By eliminating bio-wimmin, sexual assault does not disappear, in fact it increases for a variety of reasons in prison. And we see factors such as age, health status and physical development more clearly define a persyn's gender status. The young, physically small, mentally ill but physically healthy are the primary targets for gender oppression. (7)

In some ways the patriarchy within prisons is just a reflection of the greater society and in others it is a more extreme microcosm of power dynamics. This is indicative of the two levels on which fighting gender oppression in prisons must be conducted. The first level requires the transformation of the prison system to one that builds communal values rather than being a tool of oppression and punishment. The second requires combatting the eroticization of power in society in general and the dismantling of the patriarchy. Both require the revolutionary dictatorship of the oppressed to become realistic.

In the meantime, the extremes of amerikan prison life serve as an educational tool for the masses. It is much easier for a group to accept the "all sex is rape" line when they have been on both sides of patriarchal oppression, when they've been the victims of the extreme power dynamics of prison life, and when many have had their own gender privilege taken away for doing what every one else is doing and just calls sex or love. It is in these ways that we take some positive lessons from these statistics for the future building of a proletarian feminist vanguard among lumpen youth in the united $tates.

The clearer lesson we take from all this is the negative lesson of the alliance of amerikan bio-wimmin to the patriarchy. The group that is traditionally considered the greatest victim of patriarchy by the white nationalist left is behind 58% of sexual assaults in u$ prisons. That just doesn't add up.

Les estoy escribiendo para informarles que recibí sus periodicos pasados de MIM que me enviaron. Los papeles fueron informativos respecto a asuntos que afectan a algunos de los Souljahs de las plantaciones de esclavos. Algunas de las historias me motivaron a intentar crear un grupo de estudio. Debemos ver cuanto dura eso. Digo eso porque soy el unico individuo con literatura, y esas personas en el sistema de esclavos de Missouri, a ellos solamente les interesa las cosas materiales que ellos tienen. No piensen que estoy equivocado, aún hay algunos souljahs que aún se mantienen bien espiritualmente, pero los números están siendo cada vez menos.

Me ingenue para organizar algunas demostraciones aqui en ASU (Unidad de Segregación Administrativa) del centro de "correcciones" de nombre Southeast Correctional Center, que causa que las hienas cambien muchas cosas. Y como resultado, me han golpeado los oficiales de "goon squads", me llaman "agitador" y mi correspondencia "sospechosamente" se está desapareciendo. Pero aún asi sigo fuerte, enojado pero aún asi sigo adelante!

Estas hienas nos quitaron nuestras llamadas telefonicas aqui en ASU también nos quitaron los rastrillos y el contacto de nuestras familias. Y tampoco nos permiten acceso para mantener nuestra higiene. Ya ni nos imaginamos lo que se les va a ocurrir a ellos. Posiblemente nos quiten las tres horas de recreación semanual que nos permiten adentro de unas jaulas de hierro (que parecen jaulas para perros).

Hago oración para que pronto los souljahs y hermanas souljahs de aqui de Missouri, para que pronto capten lo que está pasando para que hagan algo al respecto.

Estoy a punto de hacer una demanda en la Corte de Distrito en protesta a la "prohibición de cobija" y por evitar que presos de Missouri reciban libros grátis. Cualquier información al respecto será agradecida. Ellos (los oficiales) nos dan libros/novelas de romance y nos roban mucha substancia con dicha "prohibición de cobijas" intentando que nos hagamos los sordos y que actuemos como tontos ye ciegos.

Escuchen hermanos ye hermanas souljahs, por favor sigan peleando y luchando! Ahora es cuando debemos hacerlo unidos. Si nosotros no peleamos por nosotros entonces quien lo hara? Como ya lo dije seguire formando este grupo de estudio y hare todas las demostraciones que me sea posible.

Texas institutions are playgrounds for the imperialist and their drones. The sexual abuse scandal of the Texas Youth Commission exposes how immoral just one of its branches is. Here on the Eastham Unit we are subjected to daily forms of psychological abuse, stress torture, atrocious harassment, and threats, deprivation of basic necessities and violence. I am on an ad-seg line. The pigs constantly turn off our water, without telling us, warning us to get water before it's off. It's always the same excuses, i.e. the pump, a pipe, or they're fixing something. The pigs only cut off ad-seg water supply while general population remains on. Under the no-water ruse, ad-seg can not shower or go to rec. The pigs don't do anything but sit on their ass. They bitch about having to serve us our trays at chow time. The no-water ruse isn't a once in a while occurrence. No, at least every other month we go a week or more without water. Some days the temperature is 95 degrees outside but 112 degrees inside.

The discrimination doesn't end with water. While general population gets full portions of food at meal time. Ad-seg inmates are severely rationed. The pigs instruct and direct inmate kitchen workers to shake-the-spoon (half spoon serving), cut smaller portions, leave off food segments or side items, and substitute ad-seg meat entree with processed pork substances. While general population has beef ribs, we get pork sausage link. GP gets ice cold juice, we get watered down diluted piss water, usually at room temperature or hotter.

There is a policy to do nothing for ad-seg inmates. We have to protest, argue and complain (PAC) to every shift supervisor to get clean laundry. We have to PAC to get porters to clean our showers, sweep and mop the line and have them keep their hands off our food trays. We PAC with maintenance to get running water, light and power or for them to fix the toilet that's been flushing for over two months. We PAC about the spiders and roaches and mice, about the bird crap that's caked up on the rec yard. We have to PAC for our mail, shower, rec, meals and medical. The only time the pigs do any of this on their own is when the American Correctional Association is inspecting.

Revolutionary greetings to your staff. I just received your letter with the information on prison censorship. I'm fully schooled with the state's so-called laws. In the past I have not had any problems receiving MIM Notes or the study books. I fully understand that problems do come up behind the hands of the oppressor. This is why freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed.

Let's test the water for now and please start sending me educational material. The struggle can not be stopped, I refuse to let them take control of my mind. I'm 50 years old, been in prison on and off for 30 years, and now three strikes have me. I refuse to lay down on myself or other oppressed people. The most dangerous weapon in this world is a fully focused mind.

MIM adds: MIM was banned in California prisons by the California Department of Corrections and Rehabilitation in December of 2006. We are working with our comrades behind bars to fight this ban. We need support from prisoners to join this struggle, and support from people on the outside to demand an end to this ban. Write protest letters to: James Tilton, Secretary, California Department of Corrections and Rehabilitation, 1515 S. Street, Sacramento, CA 95184

I am writing to let MIM comrades be informed on ever more injustice in our so-called system. As of today I have been awaiting trial almost four and a half years, since I was sixteen years old. At sixteen I was placed in a juvenile facility, then the day after my eighteenth birthday was placed in West Valley Detention Center for women in California.

There is not one program at this facility for those awaiting trial - we barely have a library that contains mostly old romance novels. I am not even convicted and have no access to any legal or educational materials. The facility will only provide "Christian" religious materials so any other religions basically do without unless materials can be provided by the outside. We even have some of our religious materials sent back saying they are "gang-related materials" because they are not common beliefs.

How am I to defend myself if I can not get any law books, or educate myself with no real library or any programs? I am 20 years old and have been facing 25 to life since age 16. I now sit idle with my life in the hands of California's injustice system.

Those who have no financial support must also do without personal hygiene and writing materials as these things are not provided free to indigent inmates. Our canteen prices are so high you'd think they could pay to provide us with something! At least get rid of all the gnats, roaches and rats in our facility! Some prisoners here are even kept in ad-seg for their whole waiting process with no real infractions.

I am only one young female inmate and I need the help from my comrades to fight this ridiculous system. I hope to be able to help in this fight, but I can't do it alone.

Greetings from one of the realms of concrete and steel within California's massive prison industrial complex on the central coast in the sleazy valley. In my efforts to re-obtain copies of some records that have been improperly seized I have presented numerous written requests to prisoncrats who tend to ignore such requests.

If or when a prisoner seeks to present such matters on administrative appeals they are customarily mysteriously lost or screened out by the appeals coordinator who acts as a risk manager who systematically rejects administrative appeals on any manufactured ruse he can phantom with impunity, so after going through such headaches one tends to seek alternative means of accomplishing his endeavors.

The California legislature enacted California government code section 6250 which in the pertinent part states "that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." This being a right and not a privilege when you look a bit further 6252 definitions sub (c) "persons" include any natural person, etc. sub (d) "public agency" means any state or local agency. Sub (e) "public records" include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics, etc. sub (f) "writing" means any handwriting, typewriting, printing, photostating, photographing, photocopying….any record thereby created, regardless of the manner in which the record has been stored. Sub (g) "member of the public" means any person…etc.

The definitions nowhere state that a prisoner is not a person so the provisions should be equally applicable for a prisoner as it applies to anyone else one. Now pursuant to 6253(c) "each agency, upon a request for a copy of records, shall within 10 days from receipt of the request determine whether the request, in whole or in part, seeks copies of disclosable public records…" sub (d) "nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records…"

When considering the mandatory language of 6253(d) one would conclude that the legislature did not intend for any state agency, including the CDCR to have the right to delay or obstruct anyone from the obtaining of non-confidential public records. In fact 6258 "proceedings to enforce right to inspect or to receive copy of record" state: "any person may institute proceedings for injunctive or declaratory relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under this chapter…"

All of this is quite clear and simple language, right? I challenge everyone to look up the public records act commencing at California government code section 6250-6276. Nowhere does it say that anyone can adopt regulations that are not applicable or conflict with the public records act provisions. Section 6253.4 reads "agency regulation and guidelines which authorize every agency to adopt regulations stating the procedures to be followed when making its records available in accordance with the section". In fact at 6253.4 (b) "guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of chapter and shall reflect the intention of the legislature to make records accessible…"

How then can the California Department of Corrections and Rehabilitation simply ignore a prisoner's public records act request? When one presents the matter to the court for consideration, the state court would then take the position that the petitioner has failed to exhaust administrative remedies pursuant to 15 CCR 3084.1 because he is under the jurisdiction of the department! Yet no where in the provisions of the public records act do I see where it states that the provisions of Cal Gov. C. 6250 does not apply to persons under the jurisdiction of the CDCR or revoke the right to access public records.

It is wrong to compel a prisoner to submit an administrative appeal regarding obtaining a non-confidential information needed as of a result of a federal court order that directed the plaintiff to add some other specific information to an amended complaint within a specified amount of time. Prisoncrats know this and purposely seek to cause the prisoner to not comply with the federal order so as to indirectly cause an action to be dismissed for non-compliance with the courts directive. Well luckily I was able to make some of the required corrections without a complete copy of the administrative appeals. This problem serves to further expose the injustice that prisoners are subjected to in the pursuit of the legally guaranteed rights. Not to mention that a 602 can take over 6 months administratively.

It is with pleasure, plus an urgency now that I have had time to read and sift through the MIM Notes you have sent me. As I began to go over the MIM Notes I noticed a lot of times we are of similar minds in the same thinking mode.

I am in a position to sue this particular institution/prison for what one can call straight out medical negligence. I have already begun with the grievance part being submitted.

I came to this institution in April of 2005. I was diagnosed with cancer in April of 2007. In May or June I had a seizure that busted my lower lip. At that point I began to submit paperwork as well as complain about pain, also bleeding that never was able to be stopped or controlled in any way.

It was as though my complaints of pain, as well as visual bleeding, sometimes even cracked lips, were of no concern, or even taken seriously. It was in early 2007 that a psychiatrist took it upon herself to get involved. I had been telling her about how much pain that I was in constantly, and this institution's yard doctor at that time would not send me out to an outside doctor or hospital for a real consultation. Instead for some reason they kept trying to keep it all in house. I kept telling her that they were trying to hide something, sweep something under the rug, even trying to slip something past me knowing my mental health was not up to par at times.

I was finally diagnosed with a type of cancer that attacked my lower lip mostly on the right side. I have had surgery on the bottom lip, as well as my throat cut. All this in a 9.5 hour surgery. I am doing radiation now 5 days a week, and I will probably have another surgery once radiation is finished.

I have taken it upon myself to get all my medical records Xeroxed in case this ever gets into a he says - she says predicament. Now my problem is I need a lawyer, I want to sue as well as expose the medical mistreatment in this system. It took close to two years to get the actual medical help that I needed and deserved to have. I have all the names of the players as well as their positions, plus their positions when it comes to me and this matter.

MIM adds: We hope that by publishing stories like this one we will both inform our readers about the injustice and outright negligence in the Amerikan prison system, and also inspire our readers to get involved in the fight against the criminal injustice system. It's not just individual cases that need to be tackled, but the entire system that is causing unnecessary deaths and suffering. The health care in California prisons is so bad that U.S. District Court Judge Thelton Henderson placed the prison health care system in receivership in 2005 after finding it responsible for as many as 34 prisoner deaths and far more cases of negligence.

Me dirijo respetuonamente a ustedes. Para dejarle saber lo que me esta pasando, y para que me ayuden. Tengo diez meses en SHU en Clinton CF. Tan pronto llegue comence a sufrir acosos sexuales y abusos por parte de los sargentos, oficiales, psiquiatra, consejero y el director medico y el superintendente, le escribí al Commisssioner Brian Fischer, Inspector General Anthony Annucci, Lucien J. Leclalle Jr. y a varias organizaciones y no hicieron nada por my. Y puse un grievance pero aqui no procesan los grievances.

El 7/7/07 el oficial J. Cross me acoso sexualmente mientras me bañaba en mi celda. Pero como no deje que me falte el respeto y lo denuncie tomo represalia conmigo. Primero me dejo cinco dias sin comida, y me boto todas las medicinas. Y el 7/8/07 le puso veneno o un liquido deconocido a los tres jugos que me das el medico. Me tome la mita de un jugo y pase el día vomitando y desde entoces tengo fuertes dolores de estómago.

El 7/9/07 me puse para el sick call, y le enseñe los jugos a la enfermera y a un sargento, y le escribí al departamento en Albany, y a V. Johason, Medical Director en Clinton Corr Fac.

El 8/1/07 una persona me vio respecto a los incidentes, y le dije que necesitaba un interprete, porque no habio ni entiendo el ingles correctamente, pero la persona me dijo que estaba bien y se fue de una vez.

El 8/9/07 recibí una carta del Commissioner Brian Fischer dejandome saber que el Superintendent Dale A. Artus, hizo una investigación de los incidentes, que a mi me hicieron una entrevista, y que mis alegeaciones son mentiras.

Aqui en SHU hay una camara en cada celda y graba lo que uno habla. Yo le estoy pidiendole al Commissioner y al Superintendent que cheque el video del 4/22/07 que me asaltaron en la yarda y el 8/4/07 que la enfermera me trae la medicina incompleta desde que llegue a Clinton CF, y el 6/22/07 que el oficial R. Perry me acoso sexualmente en el baño, y el 7/7/07 y el 7/8/07 que el Oficial J. Cross me acoso sexualmente y quiso envenenarme.

Pero esto cerdos criminales y corruptos no me dicen nada respecto a los videos porque saben que es verdad. Ademas yo tengo todos reportes de los incidentes y no se puede mentir con las camaras.

Tambien no me estan dando la recreación que es una hora diaria mandatoriamente ni el baño tres veces a la semana. Aqui en SHU no cogen lista para el baño pero cogen lista para la yarda. Pero sacan aquienes los cerdos quieren. Yo le digo al Commissioner que cheque el video, para ver si abren la puerta de mi celda cuando hacen el baño y la yarda pero no hace nada por mi.

Los Sargentos W. Bisso y N. Giambruno son los cerdos que permiten que los oficiales hagan lo que quieran. Un día no me dieron el baño ni la recreación porque la psiquiatra M. Smith le dijo al Sargento N. Giambruno.

Aqui en SHU no dan limpieza de celda ni revistas ni ponen deportes en la TV ni en la radio ni ponen programa ni musica en la TV ni en la radio. Ahoramismo no le estan dando comida ni baño ni recreación a algunos presos.

Los cerdos llevan a los presos a la clinica y le dan golpes en un cuardo sin camara y lo ponen desnude en un cuarto sin nada. Y en invierno abren la ventana del cuadro con la temperatura bajo cero. Y a algunos presos le inyectan droga en contra de su voluntad. Y lo bañan con aqua fria en invierno. Y le envian un libro de ley con páginas rotas y lo acusan que lo rompio para que la pague y no permitirle usar la biblioteca de ley más, y para que lo no luche contra todas clases de abusos inhumanos de parte de estos cerdos criminales.

Aqui, no procesan los grievances y el Superintendente Dale A. Artus es el primer cerdo corrupto y el Commissioner Brian Fischer no quiere hacer nada por mi ni quieren chequiar los videos. Que puedo hacer yo para que vean los videos, y me envien para otra prision, antes que me envenenen o me maten estos cerdos criminales.

Yo tengo una demanda en proceso por estos incidentes, pero como puede ver necesito que me ayuden, porque el Commissioner y el Superintendente no quieren ayudarme, y los grievances no lo procesan.