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[Organizing] [ULK Issue 63]
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Notes on Advancing the Struggle Inside: Organizing

Within prisons we find ourselves confronted with multiple obstacles to organizing efforts. Obstacles spanning from legal and material to psychological and physical. Before we can even engage in political activities we must confront these various road blocks, what I call "walls" (barriers against activism and organizing).

Psychological walls manifest in two primary ways: 1) lack of receptivity in conversations; and 2) perspectives of hopelessness. For prisoner activists these are Goliathan problems. In the first instance you find yourself talking to a brick wall. In the second your points may be acknowledged as valid but still dismissed as useless opposition. A most frustrating situation, because one – your words can not make an impression; and two – your arguments prove valid but produce no effect. In both cases real victories (read demonstrations) proving the validity of arguments and feasibility of proposed actions is the surest method of overcoming such obstacles. In the former, a prisoner sees the validity. In the latter, a prisoner gains motivation. Even a small victory – a granted grievance – is capable of advancing organizational efforts to be heard and considered.

Material walls are next formidable in line. Including almost every privilege extended to a prisoner and their financial security. Following capitalist society, prisons use these privileges and financial control to maintain leverage over prisoners' behavior/thought. Furthermore, as most prisoners are stuck in parasitic thinking in pursuit of a capitalistic existence, such advantage creates a strong disinclination towards jeopardizing them, even if it is in their best interests. As with capitalism in general, there is no convenient nor easy answer that can be applied with certainty. All prisoners' privileges and financial interests intensify identification with classism (antagonistic) and capitalist priorities. Considering this, no general rules of approach can be established as each's interests influence differs. Fortunately, every answer that can be applied can be approached on first, an individual, then, group or demographic level, expanding in concentric circles.

Legal and physical walls are less conspicuous; most prisoners view political activity as futile. Still once activism gains momentum and organizing becomes realistic, these last walls spring up. Within prisons these signify various administrative "conveniences" (e.g., Ad-Seg, SHU, MCU, punitive segregation, out-of-state transfer, and varied movement/privilege/property/financial/communication restrictions or other arbitrary sanctions). Outside of prisons, many courts conspire to create so many legal formalities, exorbitant fees, byzantine procedures and lopsided laws that most trained lawyers are bemused and at a loss. For the prisoner who does survive such a crucible, pride is only the beginning of the prize.

All in all these many walls constitute the primary, secondary and such obstacles to organization behind bars. These difficulties should not be taken as reasons to dissuade political action but rather, as motivation to pursue these endeavors. Why else would there be so many protective measures if activism and organizing were indeed useless? Once the prisoner understands their interests in the matter these insurmountable walls become merely constant annoyances necessary for progress and material dialectical processes. Nothing worthy of having ever comes easy. With greater obstacles comes a greater and more valuable prize. Rise to such challenges, allowing your hunger for real equality to increase along and as much as difficulties faced; if not more so.

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[Organizing] [ULK Issue 63]
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Gleaning from Bourgeois Psychology for Our Own Strength

This issue of Under Lock & Key is devoted to exploring tactics in organizing behind bars. We often hear how hard it is to get people interested in politics, how so many are just doing their time, or worse, getting high, collaborating with the COs, or promoting division among prisoners. But we also hear from comrades about organizing successes. We can all learn from our own failures and successes and also from other people's failures and successes.

This scientific process of learning from practice, and using those lessons to improve our practice, is key to moving our organizing work forward. Marxism is based in this science that we call dialectics. Often people talk about it in the context of deep political line. But political line is only useful if it can direct a successful political practice. And so, as we spread revolutionary ideas and organize against the criminal injustice system, we need to pay attention to what works and what doesn’t, both for us and for others. And then apply these lessons to improving our own work. Without dialectics the revolutionary movement will stagnate; with dialectics we will continue to learn and grow.

In a few articles in this issue we highlight the work of a psychologist, Angela Duckworth, who has conducted and compiled studies of how to engage and inspire people in work and how to build expertise. Although ey writes about this subject from the perspective of mastering bourgeois work or hobbies, we find some of the techniques and information presented to be directly applicable to revolutionary organizing. We learn from scientific studies like those presented by Duckworth, along with our own practice, to grow and improve our work.

Duckworth is an interesting psychologist because eir work focuses on measuring what ey calls "personal qualities" or traits, but eir work also demonstrates that these traits of a persyn can and do change over time. And individuals and society can have an impact on developing desired qualities. We agree with Duckworth on this assessment of the ability of people to change and grow through both their own work and external forces. In eir more recent works, Duckworth clearly agrees with us that these "traits" are more a product of education and training than inherent in one's persynality. Duckworth's writing is instructive as we look for ways to improve our own dedication and effectiveness, and ways to better inspire others.

MIM(Prisons), like MIM before it, has long maintained that the field of psychology under imperialism is generally used to help people adjust to their oppression and adapt to the horrible culture of imperialist patriarchy. It is a counter-revolutionary weapon when used in this way. Further, bourgeois psychology often attributes behaviors to inherent traits instead of material circumstances and conditions, suggesting that humyns can't change. We don't have the ability to run truly scientific experiments on humyn nature, but we have a lot of evidence from revolutionary societies like the Soviet Union under Lenin and Stalin, and Communist China under Mao to suggest that humyns have a tremendous capacity to learn and grow and overcome selfish individualism.

Instead of seeing the selfishness and individualism in capitalist culture as reasons that humynity will "always" have oppression and suffering, we see it as evidence of the importance of a Cultural Revolution under socialism. This concept was executed on a mass scale in China under Mao. The Cultural Revolution recognizes the need for the people to vigilently fight against reactionary culture and capitalist ideas, even after the proletariat controls the government, because capitalist culture and individualism will not disappear overnight.

Of course in the end individualism and self-interest won out in those countries when capitalism was restored. But this doesn't negate the very real changes that so many people made in revolutionary societies. We look to these examples as hopeful evidence, while studying them for improvements needed for better success in the future.

There are people in the fields of psychiatry (medical doctors) and psychology (not medical doctors) who have taken their study of humyns in a revolutionary direction, contributing to the anti-imperialist movement. Frantz Fanon is an excellent example of a revolutionary psychiatrist. Among eir revolutionary work, Fanon's scientific studies contributed greatly to our understanding of the effects of colonial subjugation on the oppressed, and a broader study of the lumpen. Duckworth is not revolutionary, or anti-capitalist, or anti-Amerikan, and ey is still mired in some of the pitfalls of the field of capitalist psychology. But eir research presents some useful concepts and techniques for revolutionary organizing work. In this spirit of scientific learning we touch on Duckworth's work in this issue of ULK.

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[Street Gangs/Lumpen Orgs] [First World Lumpen] [Organizing] [ULK Issue 63]
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Why Take Action?

uswpeace

We take action regardless of whether we will ultimately win or lose. We take action simply because it is in our nature to resist injustice and oppression. It is who we are. And we recognize that not everyone has that same nature. We should not criticize or look down on those who don't have enough strength for this fight against the odds. After all, oppression of the weak and unfortunate is the very thing we are struggling against. So we hold no animosity towards the naysayers as long as they do not directly interfere with our cause, and we are happy when our actions benefit them even though they refused to participate. People cannot help being the way they are. For those of us with the revolutionary spirit the struggle comes as naturally as apathy and passivity comes to those who refuse to participate.

But the truth is that we most definitely can make a difference. The government and the TDCJ administration would like us to believe they are all-powerful and can do whatever they want without concern for any consequences, but that is just propaganda intended to make us give up before we even start. We know this from experience because we have won victories already. We have seen even just a handful of prisoners come together many times and force the administration to improve conditions or follow its own rules.

We know that just because our actions are ignored at first or because we got a rubber stamp response on a grievance doesn't mean it didn't have an effect. Everything has an effect and it all adds up. We recognize that change in any area of life generally requires sustained action over a long period of time. The pigs' first line of defense is to keep us ignorant and keep us discouraged, but we must know better than to fall into those traps.

What we often see is prisoners coming together in a spontaneous uprising when abuses reach a crisis point. The administration will quickly back down and meet their demands. But then when this temporary mobilization of the mass of prisoners falls apart, the administration incrementally begins the same abuses all over again. If they overstep and the prisoners mobilize themselves once more, then the administration just repeats the process of backing down and incrementally reimposing the same abuses. In this way they gradually accustom the prisoners to accept the abuse of their rights and human dignity.

So another reason why we take action is simply to stay mobilized and able to resist the incremental erosion of our rights. We don't fool ourselves about the possibility of keeping the whole mass of prisoners fully mobilized. The majority will always care more about watching TV and playing fantasy football. But there are also at least a few prisoners who see revolutionary work as a way to pass the time that is just as enjoyable and interesting, with the added benefit that it actually gives them some real power over their circumstances. If we can keep this core of dedicated revolutionaries organized and active at all times, then we can put up constant resistance to the erosion of our rights. And we will have an organizational framework and leadership already in place that allows us to quickly mobilize the masses for some larger project whenever it becomes necessary.

We know all this is an uphill battle, but we can take heart when we study the past. In the broad sweep of history the course of events has overwhelmingly been in our favor. The oppressors of the world have been fighting a desperate retreat for the last thousand years, losing battle after battle in the struggle for human rights. It is clear which way the wind is blowing. And the struggle for prisoners' rights fits squarely within that larger struggle.

There will be a day in the not-so-distant future when people look back with horror and shame at our current culture of mass incarceration and the conditions in these prisons. And those who struggled for prisoners' rights and reform of the criminal justice system will be grouped among the heroes who fought to overcome absolutist monarchies, colonialism, slavery, worker exploitation, racism, sexism, and every other form of oppression. We can take action with absolute confidence that we are on the right side of history. In the long run, we are assured of victory.


MIM(Prisons) responds: So much of what this author writes here speaks directly to the value of perseverance in our work. The project of building revolution (or making any great impact on the world) is made up of many, many, many days of mundane tasks. Some days of excitement. And many more days of mundane commitment.

In a debate on whether people are born as, or developed into, revolutionaries, it seems like this author would argue the former. But surely everyone who's turned on to politics can also remember a time in their life when they were apathetic and passive. Whether from an incorrect understanding of how the world works, or a lack of faith in our own ability to change and make change. At some time, probably over a long time, we decided to stand up.

Well, how do people turn from only participating when there's an acute problem, to making that long-term commitment to building a revolution? (Hint: it's not a persynality trait we're born with.)

Author and bourgeois psychologist Angela Duckworth says developing interest and passion for your work (the type of passion that sticks it out through the hard times) is made of "a little bit of discovery, followed by a lot of development, and then a lifetime of deepening."(1) In the quote below Duckworth talks about "having fun" as part of developing interest. While prisons certainly aren't fun, we can apply this concept to prisoners facing repression, where the "trigger" for interest is repeated exposure to examples and experiences of resistance.

"Before hard work comes play. Before those who've yet to fix on a passion are ready to spend hours a day diligently honing skills, they must goof around, triggering and retriggering interest. Of course, developing an interest requires time and energy, and yes, some discipline and sacrifice. But at this earliest stage, novices aren't obsessed with getting better. They're not thinking years and years into the future. They don't know what their top-level, life-orienting goal will be. More than anything else, they're having fun."

"... [I]nterests are not discovered through introspection. Instead, interests are triggered by interactions with the outside world. The process of interest discovery can be messy, serendipitous, and inefficient. This is because you can't really predict with certainty what will capture your attention and what won't. You can't simply will yourself to like things, either. ..."

"... [W]hat follows the initial discovery of an interest is a much lengthier and increasingly proactive period of interest development. Crucially, the initial triggering of a new interest must be followed by subsequent encounters that retrigger your attention — again and again and again."

Just because someone is initially uninterested in the politics behind the mass action, through repeated exposure and "retriggering interest," we can encourage them to go deeper. And after the initial interest is sparked, Duckworth says deliberate practice, a sense of purpose, and a hopeful attitude, are what enable us to commit and excel. These approaches are what cause us to overcome the adversity that the author describes in the article above, of administrative failures, discouragement from staff, and even our own mistakes.

And Duckworh argues, based on eir decades of study, that these qualities can be nurtured and developed — by individuals themselves, and by people outside of those individuals. As organizers, we need to work to develop interest, practice, purpose, and hope in others. In eir book Grit, Duckworth lays out many methods to do this, some of which we've touched on in other articles throughout this issue of ULK. With this response, we primarily want to highlight that a revolutionary fighting spirit is something that we can cultivate; just because someone doesn't have it now doesn't mean they won't ever have it. And it's the organizer's job to make that process as successful as possible.

Note:
1. Angela Duckworth, Grit: The Power of Passion and Perseverance, Scribner, 2016.
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[Special Needs Yard] [Street Gangs/Lumpen Orgs] [Kern Valley State Prison] [California Substance Abuse Treatment Facility and State Prison] [California] [ULK Issue 63]
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CDCR Instigating Large Scale Violence To Avoid Federal Court Ordered Releases

14 JUNE 2018 — Uhuru! As of today's mathematics, 14 June 2018, prisoners are being violently pent against one another in a last attempt to interfere with current demands by both the people of California and the federal government to release its ridiculously large prison population.

CDCR, at prisons like the Substance Abuse Tratment Facility (SATF) and Kern Valley State Prison (KVSP), has begun engaging in policy changes that manufacture hostilities between the prison populations. One particular change involves rehousing what is called "mainline" prisoners on yards that are considered Protective Custody (P.C.) yards by force. Now these are not P.C. yards by the standards of the law, Protective Custody. Instead they are Sensitive Needs Yards (SNY). These yards house a combination of offenders/prisoners, including prison gang organization defectors called "drop outs", prisoners with sexual offenses, prison sex victims, victims of exploitation by other prisoners and a wide range of other types.

There are offenders who were/are members of street gangs/organizations whose particular gang has been targeted by the larger gang alliances like the Mexican Mafia. Then there are those individuals who are members of left wing political organizations who struggle against corruption and blow the whistle against crooked cops and politicians in office. Though it has been promoted that all who are housed at SNY facilities are child molesters, police informants, gang traders, etc., this is a lie spread by the police pigs in order to establish the chaos that is being born across California in prisons, CDCR.

Prisons have begun rehousing small numbers of mainline prisoners who are considered the "actives" on facilities that have been established as SNY facilities amongst those who are often mis-construed as "non-active." Because these facilities are not what CDCR claim them to be; an environment with no gang activity and very little criminal violence, these facilities are a melting pot for chaos. There are possibly more STGs on the SNY than on the mainline, as the 2012 Pelican Bay SHU Agreement to End Hostilities was designed to cease gang hostilities and stem criminal behavior for all mainliners. (Mainliners are prisoners who were until recently housed at General Population (G.P.) facilities, but now SNY facilities are considered mainline, as there are more SNY facilities than G.P.)

Let the authorities that be take notice: There are those of us who will not participate in wars against ourselves but instead will bare arms against the agents of oppression, where ever they be. And we know all of you. You who see what is happening but do nothing to protect those of us unable to protect ourselves. Trust that justice will be done on the yard as so in the streets. Your time is no more!

[NOTE: The author is among a group of New Afrikan and [email protected] leaders of the United Struggle from Within (USW). Ey was among 40 prisoners transferred to Kern Valley State Prison D-facility after a riot between SNY gangs united against New Afrikans and [email protected] refusing to endorse gang culture and hostilities amongst prisoners, working the police agenda. The author was transferred from a lower level institution less hostile to growth amongst prisoners, and placed into an environment that would definitely invite conflict between them and corrections officers.]
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[Abuse] [Powledge Unit] [Texas]
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TDCJ Erroneously Coding Grievances, Denying ADA Rights

Please send me the Texas pack. I shared mine with someone who did not return the entire contents. I have found the information to be most helpful. Just this week I won a Step 1 Grievance using the Texas pack.

The unit grievance officer had erroneously coded a Step 1 Grievance. The previously filed Step 1 had been concerning sleep deprivation only because I am wheelchair mobile, a "wheeler." Thus, the sleep deprivation is a violation of the Americans with Disabilities Act (ADA) (28 U.S.C. 12101 et seq.). However, the grievance was coded as "denial of access to health care." There is a very big difference.

While at the TDCJ Hospital Galveston (HG) Unit the staff denied me access to a bed for all but three hours during a four day period. Instead, I was forced to remain seated in my wheelchair in a holding tank. Just so their records would show that I had been assigned to a bed each night I was taken to a bed late at night and awakened a short time later to go back to the holding tank. Basically, I only obtained three hours of sleep during an approximate ninety-six hour period.

In further error, the unit grievance officer had misrouted my Step 1 to the senior practice manage. Presumably because it had been incorrectly coded. The senior practice manager knew he had no authority over the grieved issue. Yet he responded anyway, saying as much, and thus denying an opportunity for relief at the Step 1. I filed a Step 2 grievance asserting that no relief was available at the Step 1 for the reasons explained herein above.

In the TDCJ, denial of access to the grievance system is a grievable issue. Thus, I submitted a Step 1 Grievance asserting that (1) the unit grievance officer erroneously coded my ADA Step 1; and (2) the senior practice manager should have rerouted my Step 1 back to the unit grievance officer for appropriate handling.

It was only the availability of the TDCJ grievance codes in the Texas pack which allowed me to cite the appropriate code for my ADA complaint and to identify the erroneous code used by the unit grievance officer. As you know, the TDCJ Offender Grievance Operations Manual has been removed form the unit law libraries. I would not have been able to formulate my argument had the Texas pack not been available to me. But once again I am at a disadvantage with an incomplete Texas pack. Thank you for making this valuable resource available.

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[United Front] [Political Repression] [ULK Issue 64]
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USW Leader Under Investigation For Spreading United Front for Peace In Prisons Principles

As we come closer and closer to September 9th, Day of Peace & Solidarity, covered in the shadows of Black August, Bloody July, and Blue June, the members of United Struggle from Within(USW) under guidance of the Comrade Loco1 have begun to suffer attacks by the state at the local prison level of Kern Valley State Prisons(KVSP). As we of the common collective refer to it, "Killer Kern", it has been a long time coming this day that members of the MIM(Prisons) guided mass organization came under direct line of fire, but the time has come.

As of late June of 2018, members and supporters of the USW have been on the ground establishing the five principles of the United Front for Peace in Prisons(UFPP) where there has been hostilities between racial factions of the [email protected] nation groups and a particular New Afrikan social group. The hostilities have resulted in riots between both nations that have caught in the line of fire: elderly, crippled, and mentally ill. Members of USW took the lead and waged a strong campaign for the establishment of a Peace Protocol that introduced both [email protected] and New Afrikan prisoners to the UFPP.

USW Loco1, and a key supporter of the UFPP, Silent Israel of The Mafia Alliance(TMA) begun organizing peace talks with various [email protected] nation group leaders on the behalf of the New Afrikans at this local level. Where the pigs had established a culture of turning a blind eye, and even instigating violence against New Afrikans, who are out numbered by the [email protected] factions by far. USW immediately went into overdrive on the consciousness of the masses, which included particularly a call for all convicts to cease in what appears to be radical hostilities driven by police provocations and programming to keep the masses at war and distracted of the rising sun of September 9th. These local leaders put themselves on the chopping block by holding open dialogues with the masses addressing issues like "Racial Segregation" used by the pigs to divide the lumpen, stripping prisoners of the power of uniting. Keeping prisoners in a state of powerlessness.

Loco1 began to spread information about the September 9th commemoration of Attica State Prison, the year 1971, as a means of demonstrating the sort of power prisoners possess if only they'd cease in the war games between themselves and concentrate on the true sell outs, baby killers, sexual predators and traders of national loyalties. The police that is. This instantly made USW and its leader at this local level a target. When prisoner leaderships agreed to cease its hostilities and instead develop a communications system between the two nations, the pigs took it as a personal attack against their false economic interest by Loco1 and immediately orchestrated a plot to have the USW leadership removed and placed into solitary confinement.

As Loco1 and the rising USW supporting committee began gearing up to face off with the pig administration as to its position on a local boycott of KVSP systems and fraud services, in solidarity with the National Prisoners Boycott led by members of the Freedom and Justice Movement, the pigs launched a full frontal agitation campaign to instigate hostilities between themselves and all New Afrikans. What with the New Afrikans leading the way on issues at the local level with: pigs applying excessive force, failing to protect, ignoring prisoner safety concerns, orchestrating a gladiator program, pitting prisoners against one another, etc. Who better to concentrate on? And when New Afrikans failed to bite on their agitation, pigs finally revealed that Loco1 is hatching a conspiracy that involves prisoners repeating history, September 9th, 1971. So to all members of the United Front for Peace in Prisons, USW needs you to pick up the slack and act on your five principles, that these USW comrades do not stand alone in isolation.


[In ULK 63 Master K.G. Supreme reported on CDCR instigating violence as part of the integration of "mainline" and SNY prisoners.]

A USW comrade adds: I am one of the 40 prisoners who along with Supreme was part of a CDCR plan staged by SATF Corcoran and Kern Valley to remove from the lower level 270 design to a hostile 180 design in order to build numbers for Africans so that the race wars amongst Hispanics and Africans that was instigated by correction corrupt officers and its administration as a last call to prolong releases of nonviolent offenders. It was expected we would come and continue the race conflict. However, I and Supreme came and established a peace between the both sides and now that CDCR see that, CDCR has found other ways to continue to frustrate the peace process such as placing informant Africans in the D yard block 5 & 6 to collect intel or perhaps cause chaos such as a buffoon who they sent in the block yelling racial slurs to the Mexicans while at the same time claiming he's Black Mafia.

The corrupt officers sent him there to attempt to cause a new storm that had been calmed. When neither the Blacks or Browns fell for it! They yet did it again, this time with a Brown who was mentally ill who began yelling nigger at Blacks until finally a Mexican removed him. So here we see two attempts that failed. Now CDCR sent an informant name XXXX with the promise of a job to give intel on us to remove comrades to Ad-Seg units. This so that there would be no peace keepers. Well they removed Supreme to Ad-Seg due to the snitch's alleged claim that Supreme was staging assaults on staff. Myself now being left to keep the peace alone has now become the target of jealous Israelite Africans seeking position rather than appreciating the Moses of their time. We all know the story of Moses who came to his people's aid and then was told by one slave: Who made you ruler over us? You gonna do to me what you did to the Egyptian who mistreated the other one of us yesterday. (Exodus 2: 11-14).

Today Kern Valley is refusing yard to prisoners and showers. The prison administration is keeping the prisoners locked down in violation of federal and state laws. Officers are doing all sorts of trickery under administration in order to create conflict with prisoners. The inhuman treatment is beyond being fixed by its own. CDCR can't police itself and this is demonstrated. I spoke with several righteous officers who don't agree with what is going on and they are feeling that they too are being pent against prisoners in order to feed their family. I come from an alliance of all races, we come and try to bring peace and harmony wherever chaos exist and put it to death. We as USW must begin to understand the facts! This is the facts! Either jump aboard or jump off board. Everybody got choices. To my cousin Master K.G. Supreme, you are not alone, I feel your spirit brotha. "One Love"

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[Organizing] [Political Repression] [Colorado State Penitentiary] [Colorado] [ULK Issue 64]
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Shower Power in Colorado

On 14 May 2018, after seven days of being on lockdown and receiving one shower, 6 prisoners at the Colorado State Penitentiary (CSP) in the Management Control Unit covered their windows in protest and demanded they be given showers. The administration argued that they had been taken off lockdown on May 12, and therefore were not due showers.

On May 12, the facility had been taken off lockdown for 10 minutes and as soon as the doors opened multiple prisoners began fighting and the facility immediately went back on lockdown not ten minutes later leaving prisoners without a chance to take showers since May 10th. Colorado's policy is that prisoners get a chance to shower every 72 hours.

At CSP each tier has 8 cells housing one prisoner each, 2 tiers per pod and 8 pods per unit. Six out of 8 prisoners all agreed to protest by covering their windows. Rather than allow the prisoners the human dignity of a shower, the cell extraction team was deployed, and a chemical weapon known as FOXISPRA Jet Oleoresin Capiscum (O/C) spray was applied. This caused several of the prisoners, including the author who has respiratory issues and is "O/C restricted" yet was still sprayed, to pass out. Apparently to Colorado DOC, being unconscious is considered resting. As usual staff tailored the reports to fit their needs, each prisoner was given disciplinary charges and monetary fines of $117, most of which was for one time use items that should have been split six different ways.

Sadly, the goal was not accomplished, however the 6 were allowed to shower to remove the O/C spray. The bright side is that solidarity such as this is on the rise in higher security prisons in Colorado, and this story has been circulating around the facility with high regard.


MIM(Prisons) responds: Building unity around common oppression is an important part of organizing behind bars. When people start to come together to demand their basic rights, they also start to see the power of this unity. Revolutionaries can build on this unity by helping folks to see how these individual situations of oppression are tied to the broader criminal injustice system. And making these connections we can start talking about what we need to do to fight back on a broader scale. Lots of people report their political awakening going back to persynal experiences of oppression, coupled with revolutionaries helping them see the ties to the broader system of oppression. United Struggle from Within comrades can play this leadership role by starting from where people are at and building with them.

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[Campaigns] [Colorado]
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Don't be mislead by Colorado's lies in AR 850-04 "Grievance Procedure"

Colorado's grievance procedure is designed to intentionally mislead the prisoners who have to follow it into believing that they have to comply with certain provisions, such as the relief requested, or face being barred from suit due to "failure to exhaust" administrative remedies which is required before any civil action addressing prison conditions can proceed in court, by the Prison Litigation Reform Act 42 U.S.C. 1997e(a).

Colorado's Grievance Procedure AR 850-04IV-E-3-C-2 states: "The grievance officer may deny the grievance on procedural grounds, without addressing the substantive issue, if the grievance is incomplete, inconsistent with a former step, incomprehensible, illegible, requests relief that is not available, fails to request relief, or in any other way fails to comply with the provisions of this regulation, when the grievance is denied for a procedural error, the grievance officer shall certify in the response that the offender has not exhausted the grievance process."

First, there are many conjectures that I could make as to whether this Administrative Regulation oversteps its bounds by diminishing First Amendment rights, however I won't do that at this time. What I will do is simply prove the claim stated in the opening of this paper by presenting a brief history of jurisprudence of 42 U.S.C. 1997e(a).

42 U.S.C. 1997e(a) of the Prison Litigation Reform Act reads: "No action shall be brought with respect to prison conditions under 42 U.S.C. 1983 … or any other federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted."

Once again: "(T)he modifier 'available' requires the possibility of some relief." When the facts demonstrate that no such potential exists, the inmate has no obligation to exhaust the remedy."

"Next, an administrative scheme might be so opaque that it becomes, practically speaking, incapable of use. In this situation, some mechanism exists to provide relief, but no ordinary prisoner can discern or navigate them. As the solicitor general put the point: when rules are "so confusing that no reasonable prisoner can use them 'then' they're no longer available" Tr. Of Oral Arg 23

"And finally the same is true when prison administrators thwart inmates from taking advantage of a grievance procedure through machination, misrepresentation, or intimidation. In Woodford v. Ngo, we recognized that officials might devise procedural systems (including the blind alleys and quagmires just discussed) in order to "trip up all but the most skillful prisoners. As [appellet] courts have recognized, such interference with an inmates pursuit of relief renders the administrative process unavailable. And then, once again 1997(a)(e) poses NO bar." Ross v. Blake, - u.s. - , 136 S.ct. 1850, 1959-60 (2016)

Essentially, if for any of these reasons the grievance procedure is made unavailable, the prisoner need only to exhaust the process, i.e. file all steps, remain consistent with your relief, and comply with time lines. In actuality this was decided in 2001, before Woodford or Ross in Booth v Churner, 532 U.S. 731; 121 S.ct 819(2001). In Booth it was decided that an inmate seeking a remedy outside the scope allowable in the procedure in Booth that was monetary damages, he must still go through the process and complete all steps. Once he has completed all steps of appeal, he has exhausted all "available" remedies, and when officials misrepresent that fact, we have 3 supreme court cases to show otherwise.

Furthermore, all this has already been established, not only in the supreme court, but the 10th circuit and Colorado district courts. In Gandy v Raemisch, 2014 u.s. Dist. Lexis 43668, and affirmed by Gandy v. Barber, 2016 U.S. App. Lexis 3285 (10th Cir. Colo., Feb 23, 2016). Here Anthony A. Decesaro, Colorado's administrative head over the grievance procedure and, step 3 grievance officer, concluded that because Mr. Gandy had requested "written acknowledgement of retaliation and compensation," which are prohibited as allowable remedies by AR 850-04, that "[He] have not exhausted [his] administrative remedies in this matter based on your failure to satisfactorily request relief allowable." The case goes on to say "The defendants (CDOC employees) cite no authority for the proposition that an inmate's request for relief that exceeds that available under the grievance procedure results in a failure to exhaust, and indeed, Supreme Court precedent establishes just the opposite. In Booth v. Churner…" "To the contrary, the record reflects that Mr. Handy timely filed [his grievance] as a challenge to his allegedly retaliatory transfer out of AVCF, properly pursued that grievance through steps 2 and 3, and thus fully exhausted it."

The failure to correct this misleading policy with so much solid evidence against it, in eluding first hand knowledge by the 2 most capable people in CDOC, Rick Raemich and Anothny A. Decesaro, more than 2 years later can only be seen as intentional. For prison officials to intentionally mislead prisoners in an effort to manufacture a way to defeat their claims in court is a violation of the 1st amendment rights to petition the government for the redress of grievances; access to the court. This is especially true because congress has made administrative procedures a mandatory prerequisite to suit.

What body of the United States government would violate such a fundamental right of modern and civilized society? Could they have some vested interest in preventing claims from reaching full litigation? Could it be to prevent the public from becoming aware of even worse infringements on society and humanity? One only needs to see what really goes on inside of an "MCU" or "SHU", then examine the fact that the prison litigation reform act bars damages for "mental pain and anguish," and that the u.s. military's most recent change in tactics is towards what's called "effects based warfare" aimed at taking actions to influence the way the enemy thinks and makes decisions. If it were illegal to practice psychological torture techniques on its slave citizens, where else would they be able to develop these tactics?

Addition to Grievance Campaign

Colorado's grievance procedure, AR 850-04 violates 1st Amendment rights by knowingly and intentionally misleading prisoners. Among other things, requesting a remedy that exceeds that available under the AR does not result in failure to exhaust as stated in AR 850-04. This has been clearly established in the District of Colorado 10th Cir Court of Appeals, and the Supreme Court; please see: Gandy v. Raemisch, 2014 U.S. Dist Lex is 43668 (Dist Colo. March 31, 2014) affirmed by 10th Cir, Booth V. Churner, 532 U.S. 731, 121 S. Ct. 1819(2001); and Ross v. Blake, - u.s. - , 136 S. ct. 1850 (2016).

This violates our right to access the courts under the 1st amendment. Please fix this policy immediately to consider grievances exhausted in accordance with these decisions.

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[Campaigns] [Texas] [ULK Issue 63]
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Grievance Battle Sustainability

In January 2018, I was written a case at 9:45pm for creating a disturbance along with six other comrades. The case was read to me at approximately 10:30pm the next day. I had read that they have 24 hours to read you a case after it is written. This was the first in a long list of procedural errors that followed. It did not matter that one elderly lady was heavily medicated after the death of her sister and was asleep on the night in question. It did not matter that we all wrote a statement for her. One lady had an answer to go home, three ladies were waiting to see parole, and I had just requested a special review. We were all found guilty, but not of creating a disturbance. We were all found guilty of a charge they added while we were at court: Disobeying a direct order.

Needless to say I grieved the case, which was a major infraction. I knew the Lt. involved was involved in an alleged beating of another comrade some years ago, so before I sent in my grievance I sent a copy to my mom. Yes! Us women are beaten, raped, sexually harassed and/or assaulted, and placed on chain gang/hoe squads as punishment. I made a carbon copy of the grievance, and my mother sent a copy to the Regional Director's office and the Ombudsmen. Someone from the Regional Director's office visited me to ensure I was not being harassed.

Of course Step 1 was returned claiming "no procedural errors were noted." A blatant lie. I sent in a Step 2 and am awaiting a response. In the wake of these bogus cases one lady’s parole answer was revoked and three others fear the same fate awaits them. I was denied the opportunity to take correspondence courses for a bachelor’s degree. In situations like this I have to remind myself that the worst case I ever caught was the one that put me here. I will not live here in fear.

I do not yet have the TX Pack, but I advise you all to read your rulebook thoroughly, learn your A.D.s (P.D. 22s get kicked back often as unprovable, your word against theirs). A.D.s aren’t so easily denied, and Step 2 EVERYTHING! When necessary Step 3. Also, obtain a list from sub counsel of all the reasons you can successfully appeal a case. Last, keep your nose clean. There are people who tell me they will never write a grievance. They find it insulting when a pig tells them to “grieve it”. “I would NEVER” they say. Then some injustice is done to them and they come to me. I give them a code to go look up. The seed is planted in this way.

Another response I get is “write it for me and I’ll sign it”. Comrades, it seems nearly impossible to gather the troops. However, don’t look at it from that angle. Writing 20 people's grievances is just like doing their homework so they can graduate. They still won’t be able to peep the science nor do the math. When you have 2-3 people who are willing to campaign with you then each of you are known for activism, you’ll have people coming to you. When that time comes, guide them, don’t do their homework. In this way, “less is more, it’s plenty of us”.


MIM(Prisons) responds: This comrade is clearly leading by example, and one of the examples ey sets is ey doesn't let small failures upset em: "I will not live here in fear." Success takes sustained effort over a long period of time. COs will discourage us every chance they get. The DOC administration will do everything they can to shut down our protests even when we play by their own rules. This all is part of the battle, to expect it, and keep doing what we're doing in spite of any discouragement. Often our grievances will fail, but that doesn't mean we give up. It just means we need to look at our plan of attack.

The more successful we are, the more people are gonna hate on us. The better we get at filing grievances and lawsuits, the more the state is gonna repress us. Strong comrades like this writer stand up to this repression and continue to demand their rights be respected.

This writer also brings up an important point about leadership. Leaders need to prepare people to do things themselves, how to fight their own battles. The important thing is not filing the grievance itself. The important thing is teaching people how to fight these battles, and helping them build confidence that they can fight back. These lessons will carry over into other parts of their life and political work. We need more leaders to step up and provide this education behind bars. In this issue of ULK there are lots of suggestions for ways to engage people and do organizing work. Find a way that works for you to become a leader in the anti-imperialist movement!

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[Aztlan/Chicano] [Political Repression] [Sterling Correctional Facility] [Colorado] [ULK Issue 64]
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Chicano Unity Leads to Lockdown

Thank you for your literature list. I am interested in a lot of the material more so on Aztlán/Mexico. As of right now they are censoring and denying the book [email protected] Power and the Struggle for Aztlán. Since a movement has started that has ended all brown-on-brown violence between two tribal groups we were put on lockdown because all violence stopped. Both groups were going to class, rec, sitting, eating together and staff did not like it and slammed us down. I only have a couple more weeks in this facility. As soon as I leave I'll put in an order and send money for the materials I need since for some reason this facility has stopped everything about Aztlán or Chicano revolutionary subjects.


MIM(Prisons) responds: This is very inspiring news coming out of Colorado. The oppressors have always feared the unity of the oppressed. We take it as a sign of success that the prison felt compelled to respond to the unity of [email protected] with a lockdown. They expose themselves with these actions: prisons are not trying to reduce violence, they are just in place to implement systems of social control. Unity of the oppressed threatens that control. Keep up the good work comrades!

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