Under Lock & Key

On April 28, 2011 a complaint was made against two lieutenants and the associate warden of operations (AWO) at Lovelock Correctional Center (LCC) for threatening the entire Protective Segregation (PS) housing unit population with group punishment if the gambling, homosexual activity, tattooing, etc. continued, despite the fact that those who'd been caught were known and identified and/or already facing disciplinary procedures.

The same night, a number of individuals were caught gambling, and the following morning both PS housing units 3A and 3B were locked down. The lockdown was purportedly in response to the gambling incident.

On May 10, 2011 a minor altercation occurred between two prisoners in the LCC dining hall. These two individuals were placed in more secure housing where they received:

1. telephone access
   
2. law library access
   
3. library access (i.e. book cart)
   
4. cleaning supplies for cells
   
5. full food portions in two hot meals per day
   
6. yard access
   
7. due process prior to loss of privileges and punishment
   

1. lockdown for 6 days with showers on first and fourth days
   
2. loss of cell visiting privileges (permanently)
   
3. loss of open access to cells and toilet accommodations (permanently)
   
4. no law library access
   
5. no religious access
   
6. no library access
   
7. no telephone access
   
8. no cell cleaning supplies
   
9. no tier time/yard time
   
10. refused grievances and "advised" not to "fly paperwork if we want off of lockdown"
    

Upon being let off of lockdown some of the population united around these and other issues long overdue for redress and formulated a complaint alleging several violations of civil and human rights which are embraced by the following acts and holdings among others:
22 USCA 6021 (9)
22 USCA 6401 (in toto)
42 USCA 1997a (CRIPA)
42 USCA 2000cl (RLUIPA)
Bounds v Smith 37SCT1491 430US817
Heck v. Humphrey 114SCT2364 512US477
Wolff v McDonnell 94 SCT 2963 418 US 539
Breenholtz v Nebraska 99 SCT 2100 442 US 1
Estelle v Gamble 97 SCT 285 429 US 97
Turner v Safley 102 CT 2754 482 US 78
All of which are US Supreme Court holdings which are binding upon Nevada (Nevada constitution article 1 Sec 2 Bargas v Warden NSP 482 P2d 317 87 Nev 30 91 SCT 1267 403 US 935 29 LED 715)

The complaint raises the following (and other) issues which are constant and pervasive conditions at LCC among PS prisoners:

1. unsanitary/unsafe dining hall conditions
   
2. inadequate food and medical treatment
   
3. compulsory strip searches daily (to boxers) frequently done by females
   
4. verbal abuse by staff in the form of derogatory racial, cultural and gender charged epithets
   
5. abusive and retaliatory behavior toward adherents of non-traditional religions
   
6. inadequate legal access and retaliation for accessing legal process
   
7. coercion/harassment in the form of cell searches and theft/destruction of personal property as retaliation and for furtherance of personal agendas
   
8. withholding/theft of mail, opening legal mail outside of prisoner's presence
   
9. use of prisoners in supervisory capacity and as facilitators/teachers of rehabilitative and psych programs which impact earned sentence credits, parole board decisions and sentence duration
   
10. fomenting hostility and animus between prisoners using confidential or otherwise sensitive information
    
11. group punishment/threats of collective retaliation and punishments
    

It is easier to keep what one has than it is to regain what one has already lost, but this is not a message which is widely understood by the new prisoner class.

In any event, if information concerning our struggle becomes available, it will be put "before the world."

MIM(Prisons) adds: We applaud prisoners coming together to fight repression in their housing units. In this case it is prisoners in protective custody, a place our prison comrades are fond of reminding us is rife with people who informed on other prisoners (often falsely) to save their own hides. We cannot often know who, in PC or general population, is a snitch, but we can judge prisoners by their actions and uphold the correctness of struggles against prison brutality wherever they arise.

I am an Alaska prisoner at a Cornell company, Cornell Corrections, a private for profit facility in Hudson, Colorado. This facility is not to be confused with a state or federal operated prison. It has private investors and is contracted to the state of Alaska to house prisoners because of the so-called overcrowding.

This facility as with all private for profit facilities is extremely corrupt. Cornell Corrections has a long history of corruption and illegal actions. I, along with a large percentage of the prisoners at this corrupt facility, should not be here because we are maximum security and maximum custody. The Alaska DOC/Cornell company's contract and the state of Colorado statutes both state that no maximum security, or maximum custody prisoners are to be housed in private, for-profit prisons in the state of Colorado.

The employees at this corrupt facility are not sworn to oath correctional officers. They are untrained or extremely poorly trained private citizens. Cornell employees are not empowered in any official capacity. If indeed they employ a law enforcement or correctional officer, these COs may not exercise their official authority while employed by a private party or contractor. This is a conflict of interest and allows for lawsuits to be filed on them for this illegal action.

I am at present in the SHU, Special Housing Unit, due to a fight instigated by a Cornell employee, Joe Hammock, employee number 17454. Joe Hammock had harassed and humiliated me numerous times prior to this incident which took place in May, 2010. A Black female employee, Larnette Mingo, employee number 17432, joined Joe Hammock in this fight. I had filed several complaints and grievances over harassment, humiliation, and discrimination actions by Mingo towards me and other non-Black prisoners. These two employees were then joined by two more employees, Stephen Mannan, employee #17273 and Paul Price, employee #17219, with Price being the senior employee in charge. I at this point had approximately 900 to 1000 pounds jumping on top of me. Stephen Mannan put handcuffs on me squeezing them down until they cut into my wrist and then stood and kicked me in the lower rib cage. I was then basically dragged through the G-A Mod by pulling and jerking on the handcuffs by Price and Mannan, through two sets of doors and then Mannan and Price threw me in a corner with Mannan then slamming my head into the wall cutting my right eye, while yelling, "I never liked you anyway, I'll make you sorry for what you did you scumbag. I'll make life a living hell for you."

I was then escorted to the SHU unit (the Hole) where I have been since. I ask for law enforcement to be summoned in accordance to law, and they were not. When I ask for law enforcement to be called I was told by a female employee, good luck, as she walked away laughing. Law enforcement was supposed to be called due to this being an assault issue at a private, for-profit prison. I ask at least three times for police to be summoned. A medical employee then came to the cell I was in. I asked to see credentials as to who and what part of the medical profession she was, which she stated she did not have to produce. I then refused to speak to her due to the fact that medical issues are to be confidential, and not to be shared with non-medical employees.

They claimed that I am charged with assault on staff members. I have not received any paperwork from the Colorado court system or law enforcement that any charges were filed on me. I have been hauled to the Weld county courts two times and was appointed a public defender, whose name I do not know.

In June 2010 a disciplinary hearing officer from Cornell Corrections, J. Becker, came to the cell I was in and stated that the District Attorney of Weld county, Greely Colorady had dismissed all charges and that I was not charged by DOC Alaska for assault of a staff member. A disciplinary hearing was held by J. Becker after the charges were dismissed and I was sentenced to 30 days of punitive segregation which I served and was completed. The state of Colorado is now re-charging me for violations I have been sentenced and served my punishment for ending. I find this action to be extremely corrupt and illegal. The public defender appointed to me has done nothing in my defense. I am just one of an extremely large number of Alaska DOC prisoners to be corruptly and illegally treated at this Cornell companies facility. All of the corrupt and illegal actions mentioned prior are promoted by, condoned and endorsed by very corrupt Cornell company and facility heads, superintendent Rick Veach and his cronies, Trevor Williams, and Scott Vineyard.

MIM(Prisons) adds: This prisoner gives some good documentation about the private prisons in Colorado along with details about the employees who are perpetuating a system of corruption and abuse. As we explained in our article on the U.$. Prison Economy, private prisons are a small portion of the criminal injustice system, at least partially due to their inability to remain profitable. But we know from reports from other prisoners and our own research, private prisons cut costs in ways that lead to even more atrocious conditions and danger for prisoners. We print this article as further documentation of the conditions in private prisons.

Just as it is in all of the places that are discussed in Under Lock & Key, the system here in Maryland is a joke. Prisoners in this system who wish to air their grievances have no outlet because the same pigs who were writing them up are the same pigs that handle the administrative remedy process.

In 2008, a memo was put out to prisoners, written by the Prisoners' Rights Information System of Maryland (PRISM). It indicated that a Federal lawsuit had been filed by a prisoner represented by PRISM and that that lawsuit resulted in the division of corrections, revising directives governing the administrative remedy process. One of the changes included the adoption of a two-piece carbon copy complaint form so prisoners can retain a copy of the ARP, thus reducing risk of loss and destruction and providing proof of exhaustion of remedies.

For a while this two-piece carbon copy complaint form was beneficial to prisoners, however, like everything else that has been put into effect to ensure that "justice" for prison inmates is upheld, officers have found a way to undermine the system. At first many officers began to refuse to sign the ARPs, but after prisoners began to complain about this injustice the cowards gave in because they did not want to be written up. Then they created a new system stating that no officers could sign an inmate's ARP, only a Lieutenant (Lt) or a "designated officer" could do so. These Lts and designated officers pick and choose which ARPs they want to sign and which ARPs they want to scrap. We have to give our ARPs to a tier officer to take to the Lt because a Lt will never come get it himself. If the Lt is okay with what you've written it will be signed and the carbon copy will be returned to you. If not, you'll never see it again.

The whole point of the carbon copy is to prevent loss or destruction. It is supposed to be signed and dated in front of you so that the carbon copy can be handed back to you right then and there so that you will have proof that you wrote the ARP if something happens to it.

In the segregation unit of Eastern Correctional Institution, Lt Galligher is one of the leaders of the good ol' boy network. It is he and he alone who is in charge of signing ARPs and he must have worked as a magician before working for the division of corruption because he sure does know how to make a grievance disappear. Not many people write this up because this Lt and the other pigs who put this system into place will not hesitate to retaliate on anyone that attempts to expose them. I, however, am not afraid and plan to attack this joke that they call a grievance procedure from every angle possible.

I agree with the brother from Washington who stated that in ULK 19, "[t]he only way that we as prisoners will be treated fairly and with justice is if a neutral outside company or corporation dealing solely with grievances and our claims is constructed." Otherwise we're just complaining to the same people who are administering the many forms of injustice that we are fighting against. It's a new era, it's time for change, it's time for solidarity. I'm especially speaking to those of you who are in an organization, this is what our energy should be focused on, instead of trying to destroy the many forms of injustice that we are shadowed with on an everyday basis. It's time for change. The time is now. Power to the people!

MIM(Prisons) adds: In response to this sort of injustice around prisoner's grievances, some United Struggle from Within (USW) comrades initiated a grievance campaign. Write us to get a copy of the grievance petition for your state if you reside in California, Missouri, Oklahoma or Texas, or a generic petition that you can customize for your state if you are anywhere else.

I am currently serving a state sentence at Florida State Prison on Close Management (24 hour lock-down). The prisoners are treated like hogs in a barn, not human beings. The clothes here are filthy and stained with blood, urine, feces, oil, and semen. They are passed out on a weekly basis. We can catch a disease this way.

And the meals are always underdone. Prisoners have gotten sick from this, a stomach virus. If you file a grievance on it, the correctional officers won't feed you the next day.

The pigs will write prisoners bogus disciplinary reports sometimes, and if you try to file an appeal after they found you guilty of the infraction your appeal comes up missing. How can a prisoner win like that? The system is designed for us to lose even if we're right in our argument.

The correctional officers like to jump on prisoners in handcuffs/shackles in the assigned cells, on the rec yard, anywhere where there's not a camera to catch the injustice. How can anyone defend themselves when they're helpless?

The COs try to discourage prisoners on a daily basis out of their institutional call-out, meaning they will bribe them with contraband like cigarettes, chewing dip, coffee, knives, etc. A lot of them will fall for it all the time because they are trying to support their bad habits. It's sad on both parties' behalf.

Florida prisoners have no unity whatsoever and they never will as long as they continue to be brainwashed by the COs and continue accepting contraband that is being brought in by DOC workers to prisoners. As long as this keeps going on there will always be fights between one another.

MIM(Prisons) adds: The oppressive conditions in Florida are similar to those throughout the criminal injustice system, and this comrade's call for prisoners to unite underscores the motivation behind the United Front for Peace in Prisons. One of the 5 principles of the United Front is Independence. The oppressed need to develop institutions that meet their needs. There are plenty of examples of prisoners pooling their resources to take care of each other, rather than relying on the COs who only hope to poison the prison population with drugs, weapons, rumors and jealousy.

As mentioned in prior writings by comrades, the struggle, especially for those incarcerated, must encompass not merely a study of history but an application of those strategies that in some way benefit the cause as a whole. One aspect of such application are the legal remedies which can set precedence for many who may need such standards in proving the wrongs done by prison officials. However the opacity and cover-up culture of prison industry in some instances allows for these same freedom fighters to unknowingly sacrifice their very lives for the sake of the many. Here at Tecumseh State Correctional Institution in a rural part of Nebraska this fact remains ever alive.

We are still mourning the death of a prisoner who has on several occasions successfully challenged institutional policy, winning both injunctive and compensatory judgments. In the process he made enemies, invoking the wrath of those running this warehouse. And although this comrade was in phenomenal physical condition he somehow experienced an aneurysm and mysteriously died. Some have postulated his diet of tuna was the cause, other more conspiratorial minds say he was murdered because of his success in exposing questionable actions by those officials. I myself have chosen to accept the latter.

I mention this with regards to a legal battle I will enter very soon pertaining to a number of constitutional rights that have been violated. This struggle is real in every sense of the word and unfortunately requires its martyrs, without which one would not perceive the seriousness of our collective struggle.

The constant study, comprehension and application of the tenets of independent thinking, which will always remain applicable to our situation, must continue for substantial change to occur.

I was recently moved to the gulag of the state and it's real tuff here. They're shorting people on shower soap like it's a once-in-a-lifetime thing. Food portions done drop majorly, but not too many people write anything up or do anything about it. If you not standing on door for shower you will not shower, which is not worth going to anyway because you only get 30 seconds. When laundry comes on Mondays, if you're not up 4-5 a.m., you will not get to change clothes. To top things off, you can't flush your own toilet, so sometimes you sit in that stink for hours. Just to wake people they flush them in the middle of the night. This shit crazy, but people lay down to it.

MIM(Prisons) responds: In California we're seeing years of work grieving to the administration, while writing to outside media like Under Lock & Key, leading to a growing unity among comrades in some of the roughest prison conditions. We encourage our comrades in Florida, and elsewhere, to launch a coordinated grievance campaign to unite their individual voices and become stronger.

I'm currently residing at Florida State Prison (FSP). FSP is a Close Management institution for prisoners with alleged disciplinary issues. The truth is that FLDOC intends to keep the entire population on maximum lock down! I say this because there are many changes that have taken place since 2007, when I first came to DOC. Most camps now don't allow all prisoners to rec at the same time. Each dorm has specific days to go out. The same rule applies for canteen.

Youthful Offenders camp in Brevard is only allowed to purchase $10 a week on canteen. Supposedly this is to keep down extortion amongst the inmates, but if so then why do they continue to raise canteen prices? Ten dollars a week is not even enough to buy what you need in today's society. This is just DOC's way of showing who's in control.

Here at FSP we can only have 2 pairs of blue-and-whites. We trade them once a week for supposedly clean ones. Just last Monday I received a T-shirt that was damn near brown! They gave me half a towel and half a blanket! We get toilet paper every 10 days and a little motel-size bar of soap once a week. My ceiling leaks water from all the rain, and every time someone takes a shower! I've filed grievances but have yet to receive a response.

The Utah crooked board of pardons and parole has supreme power over how much time a person has to serve in the Utah crooked prison system.

In the state of Utah, the way they sentence you to time is a trap and set up for the crooked board of pardons to be able to discriminate and snake a person in this crooked system.

In the state of Utah, the way this crooked system works in sentencing is called un-determinate sentencing. For example:
1. First degree felony - 5 years to life
2. Second degree felony - 1 year to 15 years
3. Third degree felony - 0 years to 5 years

The board has the power to make you do anything from the beginning of that sentence to the end of that sentence. Not only can the crooked Utah state board of pardons and parole make you do whatever amount of time they want to, but also they can make people convicted of the same crime and the same type of charge do more than others.

You can have two people on the same crime or the same type of charge, and one does 2 years and the other does 5 years, this is the case all the time, which demonstrates the discrimination and bias by the crooked Utah state board of pardons and parole.

Also when you come into the prison the prison does a criminal assessment which gives them a time matrix on how much time you should do. But the Utah crooked state board of pardons does not even follow the time matrix, and more then likely you are gonna do over your time matrix. Further, the judge can sentence your charges to run concurrently, but the board can go against the courts ruling and make that sentence run consecutive at will.

The Utah state board of crookedness as you can see has the power here in Utah to pick and choose who they want to discriminate against. Race, sexuality, religion, or even if they do not like the way you look.

They own you and have the power over your life and death. They have too much power and they need to be stopped.

MIM(Prisons) responds: This is just one example of the many ways the criminal injustice system has wide discretion to discriminate against groups of people. This is used to lock up and extend sentences of people from oppressed nations, leading to hugely disproportionate imprisonment of Blacks and Latinos compared to whites in Amerika. Further this discrimination is used against politically active prisoners to punish them for fighting for their legal rights.

In February I was taken to Captain Schwartz's office where he confronted me about writing grievances. I was then locked up, had 5 Disciplinary Reports (DRs) falsified on me, received 210 days of confinement time and lost 150 days gain time. After having been placed in the cell with a prisoner who had written a grievance on the warden for chewing tobacco in a state building, we were illegally gassed twice, made to sleep on raw steel for three days and nights with nothing but a pair of boxer shorts on, and then placed on a loaf diet for 7 days.

This is the second time that I've been under attack at this institution for exercising my first amendment right to write grievances and both times they started with the same captain and both times the Warden, Colonel, and Central Office of Appeal have backed him up. I have been under attack at two other institutions in the past for writing grievances and both times Central Office knowingly and willfully allowed me to be illegally sent to Close Management (CM) [Editor: term for isolation/control units in Florida].

I have high blood pressure and I suffer from asthma and I am not supposed to be gassed. When he gassed us the first time, I tried to tell him about my medical condition and when he saw me throwing up blood and blood running out my nose, he immediately gassed us again. Out of fear for my life, I have not eaten but two selective meals to stay mentally alert since February 22, 2011.

During this time, I was placed in the cell with another prisoner and he was threatened to be gassed and have DRs falsified on him because he refused to take my tray in the cell so it would look as though I was eating to the camera. Finally, an officer just threw a meal tray in the cell and wrote down that I ate that meal. I am definitely not going to let them get away with what they have done to me and are still doing to me. I would appreciate any help you may be able to give me and I would also like to start receiving your newsletter. I just received notice that they are trying to send me back to CM.

MIM(Prisons) responds: Because of the failure of the grievance process in prisons across the country, we have initiated a grievance campaign. If you are in Missouri, Oklahoma, Texas and California write to us to get copies of the petition and letter for your state, or if you are in another state write for a generic petition that you can modify for use in your state.

West Tennessee State Penitentiary (WTSP) has a lot of house policy issues. For one, their policies are not always legitimate under Tennessee Department of Correction penological justifications. On Feb 1st 2001 WTSP Warden Henry Steward and AWO Tommy Mills put out a memo to the maximum/segregated prisoners about them violating in-house policies. I am a maximum security/segregated prisoner and therefore I can speak about the mistreatment and un-professionalism of the prison officials and administrators.

Max prisoners endure a lot of foul talk and other things that are unprofessional from the correctional officers who run the units/pods. Neither the Tennessee Commissioner or Governor has been notified nor approved of the memo from February. The memo allows the administrators to take away their personal property, such as TVs, commissary, and other articles we bought over the years of our incarceration. This is in clear violation of the 8th and 14th amendments. The 14th amendment protects prisoners against the deprivation of personal property and liberty without due process of law. When state law and regulations substantively limit the discretion of confinement, the state creates an expectation, and the 8th and 14th amendments protects against the intentional, malicious or sadistic acts by prison officials towards prisoners. At the end it's all cruel and unusual punishment.

All the maximum/segregated prisoners have filed a petition on this issue and are waiting to hear back from the commissioner. I believe these prison administrators fail to realize that we as prisoners still have rights. I again thank you for the help in the U.S. prison struggle.

MIM(Prisons) responds: We welcome the news that our comrades in Tennessee are coming together to fight repressive policies. We encourage those in other states to take up their example, and be sure to report on your work in ULK so that we can share these reports and learn from each others struggles.