Under Lock & Key

On Christmas morning upon entering lockdown for 8 a.m. count, Sergeant Samuel approached a cell near mine and radioed the officer station to open the cell door. When the cell door slid open, Sgt. Samuel who is always playing and joking with the two prisoners in that cell, was then putting on his latex gloves so he and an officer in training could search the cell.

One of the prisoners walked out of the cell and refused to cuff up for the search in a playful manner. Refusing to cuff up in the presence of the trainee officer made Sgt. Samuel look bad and playful, so he whipped out his chemical agent saying, “get on the floor or I’ll spray you.” The prisoner walked away with Sgt. Samuel following; they ended up downstairs and backup arrived. The backup was Sgt. Harris and Corrections Officer Sanders. The prisoner agreed to cuff up as long as they would not gas him. Sgt. Harris agreed and the prisoner laid on the floor face down with his hands behind his back.

Once the cuffs were on the trainee officer and C/O Sanders went into action. The trainee tried to cross the prisoner’s legs across each other while pressing them into his back. At the same time C/O Sanders started pressing his right knee into the prone man’s neck area. The prisoners locked behind their cell doors started screaming while Sgts. Samuel and Harris looked on. Then they picked the man up from the floor and took him into the sally port.

Outside of the dormitory, as soon they got the prisoner out on the sidewalk, C/O Sanders punched him in the back of the head and he fell to the ground. I saw the whole thing from my back window and started screaming “they’re jumping on that man out there!” loud as hell so everyone including the pro-imperialist goons (pigs) could hear me. Corrections Officer Daluco was on his radio commanding all pigs to get the prisoners off their back windows; no witnesses allowed. But they quickly picked the beaten man up from off the floor as Captain Coleman showed up, while the pig Sanders explained that he had to drop the prisoner because “he was talking too much shit.” Just like that, Sgt. Harris and Cpt. Coleman walked the beaten prisoner off for pre-confinement where he now sits pending fake “Battery on an Officer” charges even though he was in cuffs and he was battered by C/O Sanders who violated Florida Statute 944.35 (3)(a)(1). C/Os Sanders and Daluco walked off together talking like it was just another day on the plantation, being members of the slave patrol conscripted with all the impunity in the world.

MIM(Prisons) adds: This article was sent to us by both the persyn who was beaten up and another comrade who witnessed the event, exposing an example of brutality in prison that is all too common. And by writing about this brutality, both authors set a good example for others, that there are many ways to take up the battle against the criminal injustice system. We call on our readers to document abuse by prison employees as it happens, and help us to establish patterns that can be used to expose the system and educate people on the streets.

We also need to make the connections between this brutality by prison staff and the criminal injustice system in general. The problem is not a few bad guards, or even the free reign and positions of power they are given in their jobs. It is the entirety of the system that dehumanizes prisoners and places them in a system that has nothing to do with rehabilitation. By classifying so many people, disproportionately from oppressed nations, as fundamentally criminal and forcing them outside of the social and economic system, the criminal injustice system plays a key role in social control of the lumpen class. Keeping prisoners in a constant state of fear of violence and loss of privileges further helps to reduce resistance and silence the voices of those who might otherwise speak out.

It is an act of courage to write about the brutality that is happening, and even greater courage to organize others to study the system and seek greater understanding of its connections to Amerikan imperialism. This study and education helps build comrades who can work together to fight the imperialist system itself.

I’m presently in the hole (Administrative Segregation) for fighting for my rights. My rights were violated when a CO pig cut my pay from $0.18 an hour to $0.13 an hour unjustly with no explanation. So I appealed this issue via the 602 inmate appeal and I also put a citizen’s complaint 832.5 on this pig. Before I went to the 602 hearing, another pig, Anguianos’ partner, Martinez, tried to bribe me with my pay to sign off on the 602. I refused and documented these encounters and put in a 602 on Martinez for reprisal/retribution just to have this documented in case something happened and sure enough after I refused to sign off on this the Sgt. pig threw his pen on the table and asked me why I would not sign off. He said, “you got what you want, your pay is back at $0.18.” I told him my rights were violated and I want it to be known I want my voice heard!

After this, about a month later I was being harassed by two pigs due to this issue, DeFranco and Vasquez. Long story short, they threw me on the fence to put me down. Nice and calm I let them put me down without incident, which made them more mad! The next thing I knew the pig DeFranco put me in cuffs. I asked calmly why I was being put in cuffs. He smiled in my face and told me I would find out.

They put me in a cage and shipped me down. Come to find out the dirty pig planted a weapon on me resulting with me being put in the hole pending DA referal and a SHU term. I put an 832.5 on both these pigs as well for retaliation and I’m pushing for criminal charges to be brought up on said pigs. I’m going to file a lawsuit on all three pigs once I’m done going through the pigs’ appeal process, which we all know the outocme of that! I make sure to make a paper trail to back up anything I do so I have proof.

MIM(Prisons) adds: We commend this comrade’s tenacity for fighting for justice. We do remind everyone that filing paperwork is just one tactic, as the comrade says, we all know the outcome of that. Without organizing prisoners as a group, even individual legal victories do not lead to building any real change.

Psychiatric prisons, gulags and dungeons are the worst of the worst when compared to the standard human warehouses. These foul dinosaurs are established under the guise of compassionate medical intervention (yes, they actually expect you to believe such garbage). Mental health treatment in psychiatric prisons can be and is torture.

Currently in California, the prisoners are rounded up daily, drugged and forced through the cattle stockades of court cells and into the courts where they are dragged before those of black robe who arbitrarily and capriciously commit them to a virtual (if not actual) life in prisons now designated for those thought to be mentally ill from the viewpoint of imperialism’s labor aristocracy. However, one need not be actually suffering from mental illness at all. I was not, and am not, yet this fact had no effect. I myself and many others have been railroaded into psychiatric imprisonment with doctor approved authorization to be at all times heavily sedated. In my case it was only for the use of body building steroids with no prior mental health history requiring medical intervention of any kind.

And, while being held within these psychiatric prisons and jails I have been, and many others are, tortured and abused, starved and injured, sometimes on a daily basis. I have observed young guys whose faces are now a mass of scarring due to them being drugged to the point of unconsciousness and where massive enforcer brutes are purposefully let into their cells to beat those who are drugged, and the victims of such beatings are left to suffer within their cells with no medical attention at all.

These designated prison and jails have cells with feces on the walls and floors. Desk-type tables caked with old dried foods and grime combined to form an un-cleanable cemented solid. And they are usually air conditioned in winter and heated in summer, especially where these cell occupants are given no mattress and sometimes for days no blankets as well. I currently have prison guards who pass my cell door, which is all steel, every fifteen minutes, 24 hours a day, and bang on it loudly with a steel baton like device. Try attaining a deep restorative pattern of sleep under those conditions. This is the current living environment of Amerikkka’s psychiatric prisons and the pitiful inhabitants of its populations.

I am not under the illusion that these facts are not already known by our professionals of community, politics and prisons. Yet, according to a recent news publication, “[in the state of California] the Board of State and Community Corrections (BSCC) funnels hundreds of millions of dollars to construct prisons and jails - and many have been pitched as ‘mental health treatment facilities’.”… “It should come as no surprise that the BSCC is mostly composed of cops: Jeffery Beard, Secretary of the California Department of Corrections, Sheriffs, probation officers, and chiefs of police.”… “It is not shocking when that group of people thinks that the best way to invest in mental health treatment is to build shiny new jails.”(1)

What is termed pathological and rooted in psychosis in Amerikka’s systems of injustice and unjust forensic psychology are in fact political offenses in nature. Such people incriminated and imprisoned should not be civilly nor criminally committed at all. “Mental health treatment… [should be provided and] funded in the community”(1); preferably by a community of communists. “We need to stop pretending that prisons solve the violence in our communities, or we will never actually end that harm or end mass incarceration.”(2)

Onward! in psychiatric prison abolition efforts, and even more so the world-wide abolition of the parasite imperialism.

MIM(Prisons) adds: This writer correctly identifies a problem with Amerikan prisons that is actually pervasive throughout imperialist society: the use of psychiatry to label people as mentally ill because they do not conform to capitalist behaviors and values. As we explained in the ULK article Mental Health: A Maoist Perspective:

“In imperialist prisons, the ambiguity of diagnosing people as mentally ill becomes very pronounced. Part of the problem is that imprisonment causes mental health problems, so people who may not have had symptoms that would lead to a diagnosis often develop them. Yet it is not in the oppressor’s interests to recognize this problem, so staff feel that they must draw a line between the truly ill and the”fakers.” Rather than seeing the prisons as causing mental illness, they see people acting out for attention in contrast to those who were born with “real” mental illness. Such silly exercises allow them to keep some prisoners sedated while pushing others to suicide.”

Ultimately the purpose of prisons is social control, and the purpose of mental health facilities is the same. They are another tool of this social control which targets oppressed nations within U.$. borders. We must expose these facilities and fight against the torture that this comrade describes.

Mail the petition to your loved ones inside who are experiencing issues with the grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses below, which are also on the petition itself. Supporters should send letters of support on behalf of prisoners.

Warden
(specific to your facility)

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

ADC Office of Inspector General
Mail Code 930
801 South 16th Street
Phoenix, AZ 85034

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Senator John McCain
4703 S. Lakeshore Drive, Suite 1
Tempe, AZ 80282

Representative Raul Grijalva
810 E. 22nd Street, Suite 102
Tucson, AZ 85713

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

Petition updated January 2012, July 2012, December 2014, October 2017, and April 2019

I am writing to report crimes committed by the security personnel employed by the Florida Department of Corruption who are assigned to work at the Suwannee Correctional Institution in Live Oak, Florida.

During the time I have been imprisoned at Suwannee CI, I have witnessed many crimes being committed by corrections officers at this institution’s Close Management (CM) Unit. I’ve witnessed violations of prisyner’s basic humyn rights as well as violations to basic rights that are (supposed to be) entitled to ALL U.$. citizens under the united states constitution. These include violations to our First Amendment rights under the u.s. constitution as well as Article 18 of the Universal Declaration of Humyn Rights.

Prisoners are being coerced into withdrawing from their participation in the new Religious Diet Program by corrections officers threatening prisoners with ultimatums. Discrimination against religious prisoners by officers denying them recreational privileges or by destroying religious books and materials during cell searches; violations to prisoners’ First Amendment right to “petition the government for a redress of grievances,” or infringement upon this right because of retaliation against prisoners who file grievances or complaints about injustices occurring at this institution’s CM Unit; violations to our Eight Amendment right as well as Article 5 of the Universal Declaration of Humyn Rights due to “cruel and unusual punishment” by corrections officers who retaliate against prisoners by excessive use of force and by using chemical weapons “maliciously and sadistically” and for the very purpose of causing harm “with a knowing willingness” that harm would occur. Or by assaulting CM prisoners while the prisoner(s) is/are restrained by waist chains and shackles, with no means of self-defense. Prisoners are served empty trays in retaliation for filing grievances. And corrections officers write falsified disciplinary reports on prisoners frequently, or plant weapons and/or contraband on prisoners during searches.

Another example of violations against prisoners’ basic civil and humyn rights is described in the following scenario on Saturday, 8 November 2014 approximately around 8-9 p.m. (Eastern Standard Time), at Suwanne CI in Wing 3 of Golf dormitory. I witnessed a prisoner, who was placed in a shower downstairs in Wing 3, being denied his right to emergency mental health services. He declared a psychological emergency and told the officers on shift at the time (C-shift) in Golf dorm that he was intending to kill himself and that he needed help. The officers then denied him his psychological emergency, told him to “shut the fuck up” and threatened that they would kill him themselves if he didn’t and encouraged him to “go ahead” and kill himself, and to “beat (his) face on the tile wall in the shower.” Several minutes later the officers engaged the prisoner with an unnecessary use of force against him by using a chemical weapon to gas him while he was in the shower.

The suggested remedy for these injustices and violations of rights and law is that measures be taken to enforce the law upon Florida Department of Corrections (FDOC) security personnel and staff at the Suwannee CM Unit and reform and abolish the criminal behavior of FDOC personnel in order to bring an end to the injustices faced by prisoners at the Suwannee CI CM Unit.

“No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment; Everyone has the right to recognition everywhere as a persyn before the law; All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” (Articles 5,6,7, Universal Declaration of Humyn Rights.)

MIM(Prisons) responds: This comrade does a good job exposing the inhumyn treatment prisoners face in Florida. But we don’t agree that enforcing the law on the FDOC staff will end their criminal behavior and bring an end to injustices faced by prisoners there. The reality of the criminal injustice system is that those working for the system are above the very law they claim to be upholding. And because prisons serve and important role within the imperialist United $tates as a tool of social control, those in charge will never allow prisons to be “reformed” to eliminate injustices. We can and should fight against these situations of torture, and expose the injustice while demanding the prisons follow the law. But we should not mislead people into thinking that these demands will ever lead to an end to injustices. Only when the people take control of the criminal injustice system and use it to lock up the real criminals (the imperialists) will we start to see true justice.

The comrade who reported in ULK 40 on a lawsuit around sexual assaults in California prisons(1) wrote back to reiterate that California law prohibits such behavior. “An inmate cannot validly consent to sex with a prison employee”, see California Penal Code Section 289.6 and California Code of Regulations Title 15 3401.5. This is actually a good example of a law that tackles Liberalism around the question of rape in one fell swoop by recognizing the systematic relationship between prisoners and state employees that prevents consent.

Despite this law, our comrade documents a history of administrative coverups of sexual abuse of prisoners by staff. Clearly the gender oppressed need more than words on paper to be free of the patriarchy. And for prisoners who “cooperate” with prison administrators, administrative coverups operate in the opposite direction. Our comrade points to Freitag v. Ayers, 463 F.3d 838 (9th Cir.2006), which documents the case of a female correctional officer at Pelican Bay State Prison who was discouraged by her supervisors from filing disciplinary actions against prisoners who would sexually harass her “as a sexual favor to gain [their] cooperation.”

In the previous article by this comrade, we pointed out the possibility that New Afrikan bio-males (especially youth) may be considered gender oppressed if one looks at prisons on a statistical level. Yet, we do not deny that bio-male prisoners often play the role of sexual aggressor, both against other male prisoners and female guards. The example of Freitag v. Ayers echoes one of these hypotheticals that our critics threw at us to ask the question, “who is the rapist here?”(2) Yet in this case we see the patriarchy, in the form of the CDCR administration at Pelican Bay, actively enforcing the roles of both the SHU prisoner being held in an isolation cell and the female guard who must endure the prisoner’s acting out. The obvious culprit here, and the federal courts agreed, was the patriarchal institution of the CDCR.

Prison is an extreme example, but it helps us see the patriarchy at work. As we said in our previous article on the lawsuit, even when the female guard is the clear aggressor, firing her does not do anything to lesson rape on a group level, though it might help some individuals for a period of time. There are many institutions that serve to enforce the patriarchy throughout our society that serve to undermine the gender oppressed’s power over their own bodies. We must build independent institutions that serve the gender oppressed, in order to create a world where sex can be consensual.

A great example of prisoners doing this behind bars is in the organization Men Against Sexism which was in Washington state in the 1970s.(1) Our conditions today are different than those faced by Washington prisoners at the time, but we can still address gender oppression as part of our overall struggle to build unity.

Most prisoners don’t know that the only reason some injustices happen to them is because the person before them it was done to did nothing about it. So it continues into custom, then into practice, then into policy. Once in policy, Court Order Injunction is the only means to prove unconstitutionality of such acts and force them to be changed. Therefore we need to fight injustice while it is still just a custom!

In ULK 33 “Solidarity: Dead in the Feds”, a Federal prisoner reported on a spontaneous action that took place to protest poor meals in the Security Housing Unit at the United $tates Penitentiary in Pollock, Louisiana. 53 prisoners participated in a collective action but most quickly retreated. Clothing was taken away and everyone was placed on meager “disciplinary meals.”

Besides the spontaneous direct action approach which quickly fizzled out, another tactic those comrades could take is to get those 53 prisoners to pick up a pen and a grievance and file the case law outlined on Donegan v. Fair, 859 F2d 1059.1063 (1st Cir 1988) (Statute: Prisoners have liberty interest in receiving nutritionally adequate food and meals).

I would also recommend to read the unit’s use of force policy to see what they can and cannot do to you, being that this correspondent in Pollock was gassed five times. Getting gassed when done without reason is unconstitutional. See Stringer v. Rowe, 616 F2d 993 at 998 (7th Cir 1980).

The taking of clothes is arbitrary and capricious and done to punish without penological purpose. The case Reeves v. Pettcox, 19 F3d 1060 (5th Cir 1994) combats this type of act.

MIM(Prisons) adds: We appreciate this Prisoners’ Legal Clinic contributor for sending in legal tips for others to use in their struggles against the criminal injustice system. Spontaneous collective action provides a good assessment of our overall level of solidarity. That 53 people participated in this spontaneous action in the first place is quite impressive. But building a protracted struggle to bring down the root causes of our vast criminal injustice system – capitalism, imperialism, and national oppression – is another thing altogether.

Unless there is a very broad and deep level of unity among the imprisoned population, direct actions will face defeat because the guards can easily intimidate people out of participating. This is essentially what happened in the original article from ULK 33. We hope the correspondent in Pollock will continue to organize others against injustices in their unit, rather than accept defeat because of one failed action. There are many tactics we can employ to build unity and strengthen our movement.

When choosing what campaigns to organize around, we can see there is a difference between just fighting for reforms while leaving the overall oppressive system intact, and fighting for reforms that make space for more political organizing. Our comrades behind bars should organize with others in their unit against prison abuses, to build networks and elevate the collective consciousness of their fellow captives. This would include fighting against excessive use of force, or for nutritious meals. And we can fight for reforms that directly impact our ability or organize, such as anti-censorship campaigns, or the struggle to abolish solitary confinement. We can organize over these campaigns, and even have some wins under imperialism. The biggest win will be developing our collective consciousness and unity.

Mail the petition to your loved ones and comrades inside who are experiencing issues with their grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses listed on the petition, and below. Supporters should send letters on behalf of prisoners.

Secretary of Corrections
Landon State Office Building
900 Jackson, 4th Floor
Topeka, KS 66612

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

PDF updated October 2017

Mail the petition to your loved ones and comrades inside who are experiencing issues with their grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses listed on the petition, and below. Supporters should send letters on behalf of prisoners.

Officer of General Counsel
PO Box 21787
Columbia SC 29221-1787

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

PDF updated October 2017

Recently a new program was launched to further erode the self-esteem and morale of captives within the bowels of neocolonial Colorado, “the violence reduction program.” This program claims to target lumpen-on-lumpen violence by “group punishment.” In essence, if violence breaks out between individuals or groups, the prison can punish 5 known associates of those who participated in the violence, even when those 5 had nothing to do with the incident. The administration says this will help ease tension so all “offenders can live in a safe environment and take advantage of what DOC has to offer.” Right, that’s bullshit.

Because of our tribal, religious, or political affiliations they will hold us as a unit responsible for one another’s actions. Wouldn’t isolation as a group only promote that much more strength of the group anyway? If we as individuals came in alone and will ultimately go home alone, why are the staff and administration telling us that we are responsible for the actions of people we hang out with?

I know a lot of comrades in Colorado read this, so let’s get this rolling. If they will do this to us it won’t be long until we all live just like we already do in segregation (Ad-Seg). What more can they take from us at all level IV places, maximum, etc.? We are only allowed two hours out a day for showers and recreation. Two hours! With 22 hours of isolation, we might as well be in Ad-Seg anyway.

I keep thinking of something I once read in MIM literature, that “people will not live under oppression forever.” I can’t blame my comrades who wish to resort to focoism, but we must remember violence and premature acts of resistance will no doubt set us back. If you really care and want to stop what’s happening, it’s time to bleed those pens. Unite – fight back.

MIM(Prisons) responds: This practice of punishment of “associates” is not unique to Colorado. In Washington a comrade sent in a copy of a memo about the Group Violence Reduction Strategy policy from Mike Obenland, Superintendent of Clallam Bay Corrections Center dated 22 October 2014. It states, in part,

“If a prohibited violent act occurs, restrictions are imposed on the offender who committed the prohibited violent act (perpetrator) and the offenders who interact with the perpetrator on a regular basis (close associates). Information provided by staff teams is used to identify perpetrators and close associates. This group of offenders is subjected to a cell search and up to six of the following restrictions for 30-days: [list of restrictions].”

This comrade from Colorado raises a good point about the contradictions inherent in the prison system and the repression against prisoners. On the one hand this new policy gives the prison the opportunity to punish and isolate anyone they want just by claiming they are affiliated with someone who engaged in violence, even if they never broke any rules themselves. But on the other hand, this repression will breed greater resistance, both by solidifying the unity of organizations that are punished as a group, and by incurring the righteous indignation of those affected by this arbitrary punishment. We can use this repression to build the revolutionary movement. As this writer says, we need to educate and write about what’s going on, and we cannot be pushed into premature actions that bring down more repression.