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[National Oppression] [Campaigns] [Gang Validation] [California] [ULK Issue 20]
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False Validation Campaign in California

I am writing to you concerning a lawsuit which my defense team members are currently preparing on my behalf. It protests my false prison gang validation as an associate of the Black Guerrilla Family on December 31, 2009.

It is my position that this validation is solely motivated by retaliation and racial profiling due to my ongoing campaign to stamp out corruption involving some "Green Wall" correctional staff within the California Department of Corrections and Rehabilitation (CDCR) who are currently engaged in organized crime, which is a clear threat to the safety and security of all CDCR institutions.

I was recently responsible for disciplinary and employee discharges against three corrupted CDCR prison staff at California State prison - Sacramento, Salinas Valley State Prison, and High Desert State Prison.

Since my false prison gang process, me and my defense have come across strong evidence. Some corrupted "Green Wall" staff are very prejudiced and racist, sanctioning use of the false validation process for some Black, Brown and white prisoners, to pursue false prison gang investigations. Many prisoners have strong evidence of being wrongfully validated for reading materials on their culture. Institutional Gang Investigators have taken a race-based shortcut and assume anything to do with African or Mexican culture can be banned under the guise of controlling gang activities.

Any California prisoners who have relevant information on the false prison gang process should write to MIM(Prisons), to get involved in this case.

My purpose of this lawsuit is to shed light on this abuse of power and human rights violations, including torture tactics through criminal activities and organized crime.

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[Download and Print] [Civil Liberties] [Campaigns] [Abuse] [High Desert State Prison] [California]
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Downloadable Petition Against Z-Unit Zoo

HDSP Z-Unit Petition
Click to Download Petition Against Z-Unit Zoo

Mail the petition to your loved ones and comrades in High Desert State Prison's Z-Unit (administrative segregation) who are experiencing brutality and cruel living conditions. Send them extra copies to share! For more information on this campaign, click here.

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

Prison Law Office
General Delivery
San Quentin, CA 94964

Internal Affairs CDCR
10111 Old Placerville Rd, Ste 200
Sacramento, CA 95872

CDCR Office of Ombudsman
1515 S Street, Room 540 N
Sacramento, CA 95811

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

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

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

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[Abuse] [California Correctional Center] [California]
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How can we fight violations of our rights?

I would like to tell you a little about how these pigs treat us here at California Correctional Center - Susanville. To begin with, the pigs here are constantly disrespecting us and some pigs even get racial with some prisoners.

The following is about something these pigs did to my celly a while back. He had to go to the program office for a disciplinary hearing. Upon being found guilty he asked for an appeal form from a sergeant. When he got it my celly mumbled under his breath "what a joke" and the sergeant thought my celly called the hearing officer a jerk. The sergeant then grabbed him and slammed him into some filing cabinets. The sergeant pinned him with his lower body and started screaming in his ear cussing and threatening his family and friends.

A few days later a couple pigs came to the cell and took my cellmate's address book and told him that he was under investigation for a possible felony. They kept coming two to three times a week to search the house trying to intimidate him. A few days later my celly put in a citizen's complaint to the warden. After about 2 months of them hitting the house, my celly felt he had to retract his complaint due to the pigs intimidation. So he went to the program office to speak to the captain. On video camera they had him retract his complaint and after that they stopped the continuous searches.

This is one of many stories about our rights being violated here at Susanville. Most prisoners are worried that if they file and appeal on a pig then retaliation is gonna follow. These pigs here are known to trump up bogus charges on prisoners. Is there any way we can beat this? If this was to happen to me, there is a good chance I would end up getting a life sentence because I myself have two strikes. If you can give me a little bit of info on how I can protect my rights it would be appreciated. As for doing my part in trying to convert others in to joining us, it is in the process. Thank you comrades for your time and your efforts in helping all of us prisoners in our fight.


MIM(Prisons) responds: We know that retaliation is all too often the response to prisoners taking on the legal battles for their rights. In most prisons the first step is filing a grievance and these grievances are often ignored. We have initiated a campaign to demand our grievances be addressed. And through this campaign we have seen some positive results in California's High Desert State Prison. We encourage California prisoners, and prisoners in other states, to request copies of the grievance petition and help spread this campaign. Retaliation is still a danger, but the more people who speak out the harder it will be to repress our voices. There are no easy ways out of this oppressive system.

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[Civil Liberties] [Abuse] [California State Prison, Solano] [California]
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Brutality Under Color of State Law

As I laid there on my prison issued bunk, nursing my wounds and pains, I thought back to the very day I was sentenced to prison. Did my sentence also include occasional excessive force? Did the judge also pronounce contrived rule violations as part of my sentence? Were all my constitutional rights relinquished that day? I don't recall the judge asserting anything to that fact. But evidently, brutality perpetuated Under the Color of State Law is an inherited trait of prison.

The term "Under Color of State Law" means that civil rights were violated by an individual or individuals who at the time of the violation were employed by the local, State, or Federal government.

Since brutality under Color of State Law is so prevalent, it would be appropriate if the sentencing Judge would state the obvious during the sentencing phase of whatever crime a person was convicted of. The Judge could say something to the fact, "I'm sentencing you to 10 years in prison, plus some occasional excessive force, which will be administrated by various rogue Correctional Officers throughout the course of your confinement. In addition, you will also be subjected to several contrived rule violations. The frequency of these false rule reports will depend on the utter lack of integrity and the psychopathy of each rogue Officer." At least this information would give a person facing incarceration a heads up. Time to mentally prepare themselves for the Guantanamo Bay-style treatment that will be visited upon them.

During the course of Correctional Officer B. Johnson's assault on me, I felt as if I were somehow transported to a Third World country where human rights and regulation did not exist. Apparently, my assailant felt the same. How else could he feel so at ease with openly violating my civil rights, right there in front of two other officers, who evidently concurred with B. Johnson's views on civil rights? Maybe the three officers forgot they were in Amerika? That they were correctional officers employed to uphold the law in a system governed by the U.S. Constitution? Or just maybe they forgot that I am a human being? Officer B. Johnson did call me a "Jungle Bunny." But if that were the case, shouldn't animal rights have protected me that night? Here in America, if you harm an animal, you will go to jail. Who knows what the three officer's were or were not thinking. Whatever it was, the shear, sadism of it all was revealed that night.

The assault was witnessed by two prisoners. Both were housed in a cell that gave them a direct view of the incident as it took place. One prisoner, who initially claimed that he witnessed the assault, later recanted his story. He became a confidential informant. He had alleged to the investigating Officers that I conspired to falsely write up B. Johnson for assault. He was originally placed in the hole for a cell fight, whereupon he threw hot boiling water on his cellmate. His cellmate received 3rd degree burns on his face and chest area. At that time he was facing a segregated program (SHU term) for assault on a prisoner with a weapon (hot water), causing serious injury. Also a possible DA referral. But all that disappeared after he provided false confidential information concerning B. Johnson's role in the assault. This prisoner was released from the hole and placed on Corcoran's SNY yard, which is a protective custody yard, equivalent to Disneyland.

Officer B. Jonson, has a history of assaulting prisoners in handcuffs. Now I have a permanent shoulder injury. I will need surgery at some point. I have received physical therapy treatment.


MIM(Prisons) responds: We agree with this comrade's assessment that prison sentences in Amerika come with implicit brutality and both physical and mental abuse. These go well beyond the legal punishments supposedly a part of criminal "justice" in this country. As this abuse is standard in Amerikan prisons, we disagree that the perpetrators are "rogue officers." We need to expose this systematic brutality and organize towards a level of unity that will make it very difficult for individuals to turn against their fellow prisoners, and where the guards know that we have the numbers to fight back and prevent this violence.

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[Campaigns] [Abuse] [High Desert State Prison] [California] [ULK Issue 19]
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Battle at HDSP Gains Official Attention

On 19 January 2011 High Desert State Prison (HDSP) was visited by administrators from the headquarters of the California Department of Corrections and Rehabilitation (CDCR) in Sacramento, as well as the inspector general. These administrators finally listened to the many complaints from prisoners and outside advocacy groups and started an investigation into the corrupt policies and actions in place here at HDSP. In this struggle, MIM(Prisons) was instrumental in sending us petitions to submit regarding the appeals process.

This investigation had two parts. It was carried out by several administrators and started in the morning and continued into the early evening. Several prisoners were interviewed, some once, while others twice. I was one of those who was interviewed twice, first by a Correctional Counselor II from headquarters. We discussed the appeals process here at HDSP. During this interview we mostly talked about how our appeals are continuously screened out, denied, lost or simply ignored. The interviewer asked meaningful and intelligent questions and took detailed notes, and he appeared surprised by the lack of meaningful access to the appeals process. This interview only lasted between 10 and 15 minutes.

Later that same day, at around 5:45 p.m., I was again taken from my cell for an interview. This time it was with a captain from headquarters (Sacramento) and the inspector general. During this interview I was told that they, Sacramento CDCR Headquarters, were doing these interviews due to the pressure and complaints coming into Sacramento from prisoners, advocacy groups, and prisoners' families. They said they were simply conducting fact-finding interviews. This interview was more in-depth than the morning interview. We discussed a wide range of topics during the interview from the mass validations of the northern Hispanics on 4 August 2009, the poor conditions here in Z-unit (administrative segregation), to the many violations of our constitutional rights. Again the interviewers asked many valid questions and took notes, giving the appearance of taking things seriously. I did not buy into the act.

During this meeting they showed me copies of petitions I had mailed out which included the MIM(Prisons) grievance petition. I don't know if this is going to make any difference because I think (and hopefully I'm wrong) this was only a smoke and mirror show to attempt to pacify those of us who are fighting against these corrupt and unjust policies. But only time will tell how big a victory this truly was, because it was a victory!

I seriously doubt anything comes of this so-called investigation that is a significant improvement to the quality of life for us here in the zoo (Z-Unit). The reason I think this is the day after the Sacramento officials left HDSP, staff on Z-Unit started their retaliation. They cut our food portions almost in half, and the law library was denied to those of us who are Priority Library Users and have court deadlines. So I expect things will go back to normal in a week or two. Its the same every time anyone visits up here. One of the Sgts did say that they are totally redesigning the entire appeals process and we did get beanies (to protect us from the cold on the yard).

However this is not enough, we cannot afford to be satisfied with this token gesture of a beanie and some promises. No, we must continue to fight and put the pressure on HDSP until we are given all of our rights as well as everything we are entitled to by law and common human decency.


MIM(Prisons) adds: Contact us for more information about the campaign to end the Z-Unit Zoo, and the grievance campaign which is active in multiple states. If there are problems with the grievance system where you're at, spread it to yours!

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[Gang Validation] [Pelican Bay State Prison] [California]
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Fighting Gang Validation Laws

I just completed my fourth reading of a pamphlet I received from you titled "Shut Down Control Units in Prison," and I found it in step with my own thoughts on the subject.

Your interpretation on how prisoners are validated is right on point and I'm living proof of it, my validation was based on my being in possession of written materials and an image of a dragon. But the inept way in which I was validated isn't what made me go into a state of frenzy, it was the fact that after being in the prison system for 12 years, prior to my being validated, I had no idea of what the validation process was. As one who spent a great deal of his time studying the rules and regulations of the prison system, I can only guess that the reason I overlooked the validation process is because I became too busy fighting to make a difference in other areas of the prison system, but now that I'm in the grasp of the demon I'm going to alter the hell he has pulled so many into.

After spending about a year in the SHU trying to figure out how the hell I was validated, I rolled up my sleeves and started working on how to not only get myself out of the SHU, but the multitude of others around me. But I soon found out that a large number of prisoners in the SHU feel so defeated that they have given up hope and become content with being in the SHU. Some have even become proud of being validated and don't want to hear anything from me about what we can do to get out of the SHU.

One of the first cases that I started studying about the validation process is a case you wrote about in the pamphlet you sent to me which is the Castillo case. Now don't get me wrong the case knocked on the door of change, but it should have kicked down the door. An example of what I'm referring to is the rule change requiring that a prisoner has to be in possession of items such as written materials or symbols on their body before they are placed in the SHU. But what the attorneys who represented Castillo didn't ask the court to make a requirement of is that the CDCR must list the names of which written materials, tattoos and symbols are "gang related," because as we now know the CDCR can say anything that they want is a gang related item.

I've written to the attorneys who represented Castillo, and one told me that they no longer work on prison cases and the other one who you wrote about in the article told me that he wanted $5000 to answer my questions about the Castillo ruling. So I filed a 602-appeal, and to make a long story short my appeal was shot down due to my filing it too late, and although that door was closed another one has opened and I'll keep you updated on the outcome.

Another thing you wrote about prisoners being in the SHU that I agree with is how atrocious it is that a prisoner can be put in the SHU for a determinate term for committing a violent act, but a prisoner who has a tattoo, symbol or certain written materials in their possession will be put in the SHU without committing any violent action for an indeterminate term for a minimum of 6 years (this also is a stipulation that the attorneys for Castillo could have changed). In conversations that I've had with some Institutional Gang Investigators (IGI), they have agreed with me about the flaws in the validation process, but also said that it isn't their responsibility to correct it. I can understand why they would say it, so myself and other prisoners must pick up the baton and run with it towards the finish line of change. It's time for me to step down from my podium speaking about subjects you already have a full understanding of, so in closing I thank you for all that you are doing for those of us behind prison walls and I look forward to hearing from you again.


MIM(Prisons) adds: Check out our campaign against control units for more information on the fight against these torture chambers filled with people on false gang validations.

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[Control Units] [California]
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False Validations Part of Prison Control Strategy

I am currently in an Administrative Segregation Unit (ASU) for nothing. I guess you can call it mistaken identity or racial profiling. A group of about eight prisoners (Blacks) got into a fist fight. The pigs rounded up 21 of us and placed us in ASU for participation in a riot. The people who were actually involved fessed up to it like men in order to get the rest of us cut loose who had nothing to do with the incident. But the pigs didn't want to hear the truth. They placed us in ASU and two days later sent three pigs to interview us one at a time and again the parties involved tried to accept the blame and the pigs told them they were lying. Since no one wanted to tell them what the issue was that started the fight, they decided to issue us all a CDC-115 Rule Violation Report, which is punishable by a 90 day time add and up to six months in the SHU.

These pigs had all 21 of us sitting on the hard asphalt handcuffed for nine hours. After which they put us in ASU and didn't give us a blanket to sleep under. We were handcuffed for so long without being allowed to drink water, one guy actually passed out and hit his head on the concrete. The pigs and the medical staff did nothing. Two of the brothers went on a hunger strike in protest. One guy lasted eight days. The other guy went for 19 days before they came and took him to the medical facility.

Incidents like this are prerequisites to gang validation. By participating in group disturbances you are being labeled by the administration as an "associate" of a particular group/gang. Three CDC-115 Rule Violation Reports for participation in a riot is grounds for an indeterminate SHU placement. This alone makes you a potential candidate for gang validation. Another way they get you is by the group you congregate with. In this territorial, tribal environment of the prison yard a person has no choice but to hang around the people they know and are comfortable around. You don't have to be a gang member but the pigs are going to label you an "associate" and as such if those people from that group get into something and get locked down, the "associate" gets lockdown too. The same goes for your cellmate.

Here in CDCR you can't choose your cell mate. You have to go where they put you or get a 115 and go to ASU. Now if they house you with a gang member then you get the label of being an "associate" of that gang. Then you have to go through a whole gauntlet of stuff to get that label removed. After they tie you in with a certain amount of "misconduct" with a group they label you as being a "member" of then you'll end up spending the duration of your prison sentence in the SHU unless you "Debrief." And once you debrief you're headed to an SNY. A lot of guys get labeled just based on where you live.

To avoid this process a lot of guys are opting to go to a SNY straight off the fish bus, only to find the same stuff going on on the SNY. Once you go SNY, for whatever reason, you can never go back to GP. All the stuff going on at High Desert is nothing but a divide and conquer strategy. Some of those guys are going to break rank and tell pigs whatever they want to hear, even if it's a lie, to get out of that situation. You see these pigs are playing chess and they're aggressively attacking the pawns in order to get the king. And if they have to lock us all up until all they have is whole prisons full of snitches, then that's what they're going to do.

We as prisoners in this imperialist u.s. prison system need to stop pointing fingers. There's nothing wrong with constructive criticism. If the criticism is not aimed at uplifting the person or people being criticized then it does no good. Stop calling out names and singling out groups. Instead reach one teach one. Don't be a commentator, be an inspirator and a motivator. The revolution will not happen overnight. We're up against a powerful enemy. It took Blacks four hundred years to break the chains of slavery only to become slaves to capitalism. Now we have to figure out a way to break these chains. It's going to take a group effort. You push me, I'll pull you. Push, Pull, Strive! And together we'll rise!

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[Campaigns] [High Desert State Prison] [California]
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Z-Unit Response from Division of Adult Institutions

Z-unit 12/10/2010

Determining who to write to regarding a specific issue is a tactical question. One day it may be most important to write to the Director of Corrections, the other it may be the Office of the Inspector General. We make tactical decisions based on our conditions at the time. In this circumstance, participants in the campaign to end the Z-Unit Zoo were bringing this issue to many government bodies, including the Director of Corrections and the Inspector General.

In this response from the office of the Division of Adult Institutions, A. Redding advises the participant to exhaust the appeals process. Clearly in the petition, it says that many grievances have been filed and none have been answered. This response is a good example of how inhumane conditions and abuse can hide behind the bureaucracy of the state under capitalism.

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[Campaigns] [California]
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CDCR Tells Prisoner to Sue for Proper Handling of Grievances

12/01/2010

The above letter is a response from a Corrections Counselor II Specialist (CCII) of the California Department of Corrections and Rehabilitation (CDCR) to a prisoner in California who submitted to h the grievance for the proper handling of grievances. Even though a CCII is in a position to influence whether grievances are handled in a legal or illegal manner, at least within h institution, in this letter A. Redding advises the prisoner to file a lawsuit or contact the Inspector General on the matter.

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[Censorship] [Campaigns] [California]
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DOJ Likes to Pick Bad Apples

California Petition
Dept. of Justice response to grievance petition

In this response to a grievance petition from California sent to the Department of Justice (DOJ), they minimize the widespread scale of corruption of the grievance system in the California state prison system. Instead they are asking for facts and dates related to single incidents or perpetrators.

In "Bad Apples" in the Pig Pen we explained why a focus on targeting individual pigs is incorrect in most cases in our struggle because the problems we address are societal. Although societal problems manifest in individual pigs, focusing all of our energy trying to get one or two pigs fired from our facility doesn't significantly impact society as a whole.

One may argue that the DOJ just needs a place to begin their investigation. However, the petition makes it clear that this problem is widespread throughout the system. Realistically they could interview prisoners at random for details and receive enough information to begin an investigation. Their narrow and sterile approach to "justice" is just a cover for their interests in maintaining the status quo.

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