MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
Since Our last update regarding the J.F.I., and its three phase plan to magnify the genocidal practices, policies and procedures ever present within the Amerikan criminal justice system, there has been slight progress in our phase two, or the national phase of this campaign.
Namely, the U.$. DOJ has begun to respond to the hundreds of grievance petitions and testimonials sent to them last year. U.$. DOJ has shown interest in further investigating incidents of excessive use of force, and lack of staff. This is only what has been reported from Texas comrades, and We hope to hear more from others around the country as responses pour in.
Along these same lines, We have recently begun corresponding with a legal aid organization who has reached out to us, interested in representing prisoner’s litigation efforts which are socio-politically motivated in nature. They’ve expressed interest in assisting us in the J.F.I. campaign going forward, as this partnership develops We’ll keep you all informed.
An Update on Legislation Efforts in Texas
Through the last 180 days a lot of time and energy has been refocused in support efforts regarding legislation beneficial to the Texas prisoner class.
We have been focused on the following bills and resolutions:
HB 2834, relating to minimum wage for inmates in certain work programs.
HB 782, gives authority to trial court to modify a defendants sentence.
HB 812, regarding limitation on use of Administrative segregation.
HB 1362, relating to the use of the death penalty and life without parole in capital crimes for people younger than 21 years old.
HB 1736, relating to conspiracy and law of parties and criminal responsibility in capital cases.
House Joint Resolution 63, regarding the explicit outlawing of slavery and servitude.
In Our efforts to abolish Ad-Seg, there was a book released and passed around to current legislators at the beginning of the session in January. The book, Texas Letters Volume 1, is an anthology consisting of prisoners first hand accounts of their experiences in long term solitary confinement in Texas. Despite these and other efforts it seems as though HB 812 will not pass this session.
In Our efforts to magnify HB 1362 and HB 1736, there is a current publication in the works specifically dedicated to telling the stories of those affected by the Law of Parties and the death penalty and life w/o parole at the ages below 21. Surprisingly, this is a bi-partisan effort. Despite this it has not yet been passed. People on the ground are developing different ways to get the information about this issue disseminated more widely to the public.
On Other Efforts in Texas
Seeing that Our efforts in the legislation campaign have not been fruitful, We’ve channeled Our energy toward more cadre building through establishing Authentic In Manhood, Masculinity and Maturity (A.I.M) and its sub section Political Education 101, a series of seminars giving insight into the basic essentials of revolutionary political and social theory. We hope these efforts bear more fruit in the near future.
An Update on the Forever Protecting Our Community Organization
Since the introductory article presenting FPC to the ULK audience, i would like to inform you that the FPC organization has established a local community garden, promoting food sovereignty, and has begun to launch a program designed to combat open air sex and human trafficking in the local area. FPC has also taken part with other organizations in a memorial for people who’ve lost their lives to police terrorism and gang violence, members of the FPC have been active in mentoring youth in anti-drug and anti-gang counseling providing school supplies, and feeding the people. The organization’s political line continues to mature, and we continue to observe this movement closely.
Observing the day-to-day operations within the Texas Department of Criminal Justice (TDCJ), it’s as if someone hit the rewind button on the worst movie ever made. A half century ago David Ruiz, then a TDC captive, filed a civil lawsuit against the state agency while suffering in one of TDC’s many solitary torture chambers (cells). That humble complaint, after being joined with others’ suits, became the widely known Ruiz v. Estelle litigation, which initiated over 25 years of litigation, scrutiny, federal oversight, and reform in prison policies.
One of the many aims of the Ruiz litigation was the destruction of the internal, neo-colonial structure, known then as the Building Tender System (BTS). In summary, the BTS was a mechanism designed by the state to handpick certain inmates, then utilize them to maintain order and control among the masses of prisoners. Compensation of these hand-picked inmates services came in the form of ultimate power and authority in the prison, as well as extra work time and goods, in a time when these things meant something. This allowed them to go home faster. Furthermore, BT’s, with the complicity of the state, were allowed to make slaves (male sex slaves referred to as ‘punks’) of other inmates on a whim.
The BT’s were an essential part of the prison economy because their presence and services allowed the agency to cut costs and limit its budget by not having to pay as many guards as other states. As such, Texas had the lowest budget for any state prison system throughout the 1960’s, 1970’s, and 1980’s.
Today the state does not boast the lowest budget. Despite this and multiple pay raises, TDCJ can not maintain a necessary number of staff members to adequately run and operate its institutions. This reality is currently creating the foundation of conditions similar to the Ruiz days BT system.
Case in point, reports from Coffield, Ellis, and Beto Units narrate how prisoners have complete control of the unit. Prisoners conduct counts, feed, clothe, discipline, and even act as suicide watch for other inmates. Some prisoners reading this may say ‘that doesn’t sound bad’, and on the surface that may even be correct. However, the sad truth is that most prisoners are still operating with corrupt intentions. As such, when corrupt people are placed in positions of authority and responsibility it is the most marginalized and oppressed people who suffer at the hands of a corrupt power structure. This was true in the days of Ruiz, and it is true today, as it is also true in neo-colonies around the globe.
Under pressure from inmate litigation, over fifty years ago, Texas legislatures, enacted the following law:
Tex.Gov.Code Paragraph 500.001
Supervisory or Disciplinary Authority of Inmates
"(a) An inmate housed in a facility operated by the department or under contact with the department may not act in a supervisory or administrative capacity over another inmate.
An inmate housed in a facility operated by the department or under contract with the department may not administer disciplinary action over another inmate."
Despite enacting this law, state officials didn’t initially, and still don’t, abide by it. Only the most recent example is the wide-spread use of life coaches as suicide watch sentry. Despite their best intentions, life coaches aren’t equipped to deal with a serious suicide attempt, and neither are correctional staff, if we’re being honest. Instead of channeling their budget towards more and better medical and psychiatric personnel, or releasing more people, TDCJ’s executive director Brian Collier has begun to implement a portion of his so-called 2030 plan. The portion important to this topic is his professed desire to initiate ‘new positions’ for inmates, so that they can allow this institution to function smoothly, ‘with less dependency on correctional staff’.
Since I’ve been released from solitary, and been housed on Ellis Unit’s CTIP, I’ve witnessed and experienced the new wave BT system up close and personal. Here inmates operate in-and-outs, feed, and other duties reserved for paid officers. As you can imagine, this situation causes tensions among the hand-picked, and the masses of prisoners. These tensions have their fall-outs and all this is instigated by the illegal policies and practices of the state. In 2023, we’re still being (neo)colonized and enslaved in Texas.
All too often, horrific incidents have to occur, lives have to be lost and tarnished before the public and people in positions to alter things begin take notice. If the incidents of 50 years ago are any indication we cannot afford to lose so many lives, for any more people to be physically violated, before we begin to bring these conditions to the attention of the public, and simultaneously organize liberation armies behind the walls to combat what will ultimately become a battle of control and influence between reactionary and revolutionary power.
DARE TO INVENT THE FUTURE
MIM(Prisons) adds:This comrade notes the very relevant history of the BTS in Texas and how those conditions are being repeated today. But there is other history to look at, like the 1973 takeover of Walpole prison in Massachusetts. Guards went on strike and the prisoner union took over running things smoothly and peacefully. This was only possible however because prisoners had spent years organizing into a union. As staff shortages seem widespread in prison systems across the country, opportunities for organizing can arise. But it will take preparation, education and organization to properly seize such opportunities.
Back in November 2022, MIM Distributors sent a copy of the Texas Department of Criminal Justice’s (TDCJ) PD-22 codes to a prisoner at Smith Unit. The PD-22 codes are the “General Rules of Conduct and Disciplinary Action Guidelines for Employees.” The prisoner was notified that this was “70 pages misuse of state property.” That’s funny because MIM Distributors paid for the printing and mailing of this material the TDCJ claims to be their property.
After the comrade appealed this, the Director’s Review Committee (DRC) upheld the censorship, but changed the reasoning to “received in contradiction in BP-03.91.” As we reported recently, we have already stopped mailing in the Offender Grievance Operations Manual (OGOM) because of rampant censorship of this TDCJ document.
Since the 5th revision of the BP-03.91 was released on 25 June 2021, we have featured in ULK a series of articles on the newly revised policy including promoting phone zaps, protests, and lawsuits. The focus for many was the limitation on non-nude photos, and this was the subject of multiple lawsuits. MIM(Prisons) and TX TEAM ONE recognized the broader implications of these changes and supported this campaign. But now that most seem to be getting their sexy photos okay are people going to stand up for the right to access public documents?
While many prisoners write to us asking for legal help, we aren’t lawyers and we don’t offer legal help. We need your legal help. We need comrades in the TDCJ to get to the bottom of these issues, file lawsuits and lead campaigns. This is a very winnable battle that serves the interests of all prisoners in Texas. What we do do is support prisoners organizing against imperialism. If TX prisoners are ready to fight this we’re ready to push this campaign forward to stop the censorship of public documents and advance the campaign to get grievances addressed in Texas.
Life is about growth and change. A constant change is needed, or even the small pleasures that we enjoy begin to lose their excitement. Even though I don’t agree with a lot of changes, well the ones that aren’t progressive or geared to help us go forward, I still understand that their presence is needed. You see, revolution as a necessity only begins to make sense to those who have the keen insight into atrocities that make revolution a necessity. The problem we encounter is communicating this to the overwhelming majority, and those people are willing and even oftentimes unwilling participants in the progression of the things that make revolution truly a necessity.
The problem is also in how revolution is perceived. Most people equate civil disorder, small riotous acts such as killing police, kidnapping government officials etc. as the revolution itself and this is not the case. Revolution is all about complete change of society as a whole – a violent overthrow of a class dictatorship by another. In some ways, many small revolutions take place each day, but they are not what we need to move forward in good shape. Revolutionary change, to mean anything, must start with the individuals changing themselves. Without that sort of progressive conduct we cannot begin to show others the benefits of our ideals.
Another problem is that the revolution has been hijacked by non-progressive puppets who act under the guise of a revolutionary progressive apparatus. This is much like what deteriorated the power of our progressive leaders of the yesteryears. The new left of the 1960s mislead the Black Panther Party. They encouraged the Panthers to miscalculate revolutionary steps and also by convincing the Panthers that they alone were the vanguard party placed too heavy a burden on its members causing them to make mistakes and also going against the central tenant of communism – from each according to ability and to each according to its needs. Another issue was that their support was only monetary and as Malcolm advised us before
“money brings advice. Since it’s their money that will eventually carry our movement, it’s their advice we will be listening to. Eventually a Black group will end up having a white brain controlling it.”
So the Panthers became the puppet group of the new left, while those who truly waged the battle sat back and got a lot of beautiful brothers and sisters killed and in the end they withdrew their support. A similar thing is occurring now, only this time, since revolution has taken on a new character tone, message, and the leaders appear more dressed up and cute rather than the rugged edge that was characteristic of the yesteryears’ soldiers, the picture has become even more foggy and harder to slice through the deception of Oligarchs.
Another problem is that we don’t own the media outlets, newspaper firms, or even the schools that teach us the absurd and outrageous lies that pacify the brain and hinder revolution. Affirmative action helped us to send more and more blacks to college and to create HBCUs (historically black colleges/universities). But the more educated we become the more dangerous we become, and so even more efforts to conceal the truth have been created.
Basically what I’m leading up to is the fact that as revolutionaries – whether cultural, economic or spiritualist – there is so much work to do. If we let those whose political economic interests do not match ours at the bottom of the rung continue to tell us how best to revolt or change the world then we will continue to lose. What they are really doing is letting the powers that be know how we are coming that way all efforts to forestall our movement will happen before we get to make our moves. The people who have advised us before sometimes become our enemies as well. Why do you think Elijah Muhammad was so adamant about “his” ministers not saying anything about JFK? It was because those same people he called the devil is who financed his program. So he allowed Malcolm to say what he said with no warning (even though he advised all other ministers), that way Malcolm’s fall from grace was ensured.
Even this newspaper Under Lock & Key doesn’t escape scrutiny. There is no published material that is anti-government that escapes censorship. So how big is your commitment to change? Because a lot of what is published as it relates to issues pertaining to Blacks and “our place” in revolution, or how we are “supposed” to move forward seems like the same advice by the new left to the Panthers. Am I making an indictment? No, however, being as aware as I am and considering how aware you are supposed to be, I must wonder if your commitment is sincere. Especially since we are in the belly of the beast and could suffer the same fate as our fallen comrade George Jackson under the same pretextual designs by each state to prevent the disciplined practice of revolution.
As a show of your commitment, since I’m questioning it, I would like this to be printed, not to offend you but to ask brothers and sisters to question their own sincerity as well. If our commitment is not cemented by the events that we must actually change, then we are letting people co-opt our direction and that cannot happen unless they can prove with facts that their direction is more beneficial and helpful. But if that were the case wouldn’t we be a lot more further on that issue and all issues in general?
Galaxy Ruler Universal Sole Controller Allah
MIM(Prisons) responds: We agree with this comrade about the central role played by funding sources in the path (and splitting) of the Black Panther Party for Self-Defense (BPP). And it is fair to say we have not offered a concrete solution to this. The Panthers raised funds from the masses by selling their newspaper and doing other fundraisers, as do we. The Panthers also got funds and resources from local businesses as they asserted political power in areas like Oakland. It was largely the legal repression of the state that pushed the Panthers to start branching out into their fundraising efforts among wealthy Amerikan celebrities and such.
In practice the BPP was the vanguard of its day, with other oppressed nation formations trying to follow suit and white student/youth groups offering support. The BPP correctly encouraged similar formations and leadership to develop for other nations in the United $tates. Yet there did develop a line that the Black revolution here on occupied Turtle Island is the vanguard of the revolution globally, a line some promote to this day. While the oppressed of the world understandably put great hope in this internal force for revolution in the belly of the beast, we understand today that revolution comes from the periphery and works its way to the core. A successful revolution from within the United $tates is conceivable, but not before many successful revolutions elsewhere bring the socialist camp to a point of strength in the world again. The BPP itself reached its peak in part due to international alliances that cooled as struggle against the United $tates cooled internationally.
We also agree with this comrade that it is healthy to question the sincerity of MIM(Prisons) and whoever you choose to work with. Not to the point of paralysis, that it prevents you from working with others. But the only way we will succeed in offering effective leadership is if we receive thoughtful critique from an educated populace. That is why we are always attempting to teach how to think along with what to think. The bigger problem we have today is that there is no revolutionary leadership recruiting mass followings. People aren’t being misdirected by the funding of revolutionary organizations, they’re being misdirected by the funding of non-profits and social media platforms. At its peak, the BPP had an operating budget over $9 million in 2023 dollars(1), but even that would be nothing for the imperialists to double. Not to mention the measly MIM(Prisons) budget. Therefore, the need to address the risk described by this comrade is real and important in the longer term.
Are we sincere? committed? Hell yeah! But intentions are only a starting point. The only real measure is effectiveness. And effectiveness is no easy measure either. In our underdeveloped conditions it’d be easy to say that nothing is effective, which is why we must study other times and places to learn what effectiveness looks like and how to achieve it. The BPP of 1968 was looking pretty effective, but they did ultimately fail. “How much of that was avoidable?” and “how could it have been avoided?” are the key questions for us to attempt to answer. These are questions this comrade’s letter brings to the fore.
In another letter this comrade says we must ensure people are not committed merely to advance their own careers. We agree, and we do have an answer to that, which is anonymity. We intentionally discourage the promotion of cults of persynality, we even try to prevent people from publicly taking credit for the things they’ve done as individuals. We are one body, that takes credit for what we do as a body, and we struggle to prevent splits and offshoots.
Notes: 1. Joshua Bloom and Waldo Martin, 2013, Black Against Empire: The History and Politics of the Black Panther Party, University of California Press: Berkeley, p. 392. and https://www.in2013dollars.com/us/inflation/1970?amount=1200000 2. get our study pack “Defend the Legacy of the Black Panther Party 50th Anniversary Edition” for $6 stamps or cash or work trade for more analysis of the BPP
What’s good to all my Sisterz and Brotherz on the inside. My name is Motivation. I am a certified paralegal incarcerated in the Texas Department of Criminal Justice. I was moved to write this article because I’ve experienced TDCJ’s arbitrary and unconstitutional censorship under Board Policy - 03.91 (BP-03.91), and I’ve also witnessed the same with other men on my unit. Therefore, I’ve filed a §1983 civil complain. See Linzale Greer V. Bryan Collier, et al., 4:21-cv-03976. So, if you are a TDCJ inmate and you are experiencing improper denials because the TDCJ claims the material contains a sexually explicit image, then here’s some information to guide you on defending your rights and legally combating BP-03.91.
Know the Policy
First and foremost, find out what the policy is and how the policy defines a “sexually explicit image.” This is easy. Just go to the law library and request BP-03.91(rev.5). For those of you who may not know, BP-03.91 was revised on 25 June 2021 by the Texas Board of Criminal Justice, and the revision expanded the definition of a sexually explicit image. It essentially bans any image which depicts sexual behavior and/or is intended to sexually arouse. This means TDCJ inmates cannot possess or receive by mail any image deemed sexually explicit. In my view, this is unconstitutional because BP-03.91 is impermissible and vague, over broad, and unreasonable on its face and as applied.
You have the right to appeal
Secondly, whenever the mail room denies material, you shall be provided a sufficient notice in writing and a detailed reason for the denial. You also have the right to appeal the denial to the Director’s Review Committee (DRC) and the DRC shall render its decision within two weeks after receiving the appeal. However, if the material has been previously banned by the DRC, then the denial will be non-appealable. I don’t agree with this practice but the reality is, this is what the TDCJ does. Keep copies of all documents for your records.
Exhaust all available remedies
The Prison Litigation Reform Act (PLRA) requires prisoner’s to “Exhaust all available remedies” within TDCJ before filing a §1983 civil complaint. What this means in some cases is that you must file a step 1 and step 2 grievance before you can go to court. Remember you must exhaust only “Available remedies” and need not exhaust “unavailable remedies.” In my opinion, there are no available remedies within the TDCJ grievance procedure concerning mail room censorship because the grievance office routinely returns inmate grievances and states that the issue is not grievable. Also TDCJ grievance procedures states that inmates may not grieve matters for which other appeal mechanisms exist. Nevertheless, you should still file a step 1 and/or step 2 to be on the safe side. Now, if your step 1 is returned because the issue is not grievable then, you do not have to file a step 2 because there are not available remedies. You can now go straight to court.
Legal Research
Another vital tool is conducting legal research. This is where you roll up your sleeves and get down to business. This will be your prerequisite before filing suit. I didn’t have anyone to hold my hand during my legal research process or to help me file my suit. I can admit that legal research is an arduous task, but more importantly, it’s vital before filing a complaint. However, to point you in the right direction, here’s some relevant case laws that will be important to your fight against TDCJ:
Turner V. Safley, 482 U.S. 78 (1987)
Thornburg V. Abbott, 490 U.S. 401 (1989)
Guajardo v. Estelle, 543 F. Supp. 1373 (S.D. Tex. 1977)
Guajardo v. Estelle, 580 F.2d 748 (5th Cir. 1978)
Guajardo v. Estelle, 568 F Supp. 1354 (S.D. Tex. 1983)
The Guajardo cases specifically applies to TDCJ’s correspondence rules. It will give you historical and present insight on the promulgation of BP-03.91, and how to legally proceed to challenge it in federal court. You should also get very familiar with the PLRA because it controls prisoners litigation and the types of relief we are entitled to. The federal statue can be found at 42 U.S.C. 1997e and 28 U.S.C. 1915A9c). If you need additional case law, just ask the law library to shepardize the above cases for you, and you will find more jewelz than you can use.
Filing a §1983 Civil Complaint
After doing all of the above, your next step is to file a §1983 Civil Complaint. You can file it in either state or federal court depending on your situation. However, because you will be complaining of First Amendment violations under the U.$. Constitution, you should file in federal court. Federal court has jurisdiction over federal law. But again, depending on your case and the facts of your case, sometimes filing in state court is the better route. You will have to research this issue to decide which route fits you.
You can get two §1983 civil complaint forms from the law library. One is for you to send to the court and the other is for your copy. Remember always keep copies of everything you send to the court. The most important part of filing a complaint is stating sufficient facts, which is “enough facts to state a claim to relief.” If you do not state enough facts, there’s a chance your complaint will be dismissed for failure to state a claim upon which relief may be granted.
If you can get an attorney to file your complaint that will be great. However, the reality is, the vast majority of prisoners are left to litigate pro se. So, do your homework and learn the law.
My Last Wordz
So, to all my Brotherz and Sisterz that are willing to legally fight the arbitrary censorship system nationally, I tip my hat to you all and wish you courage, patience, and persistence. Also, for those of you who are in the process and those that have already begun the process of litigation, WE are not doing this just for Us. WE are more on the front line for the voiceless and the ones that may not have the ability to STAND UP. So, I ask that WE ALL DO OUR BEST AND NOTHING LESS! Stay Blessed No Stress!
Sincerely, Motivation Equalz Elevation
MIM(Prisons) adds: We have a more extensive guide to fighting censorship that is applicable for all states that we send to anyone facing censorship of our correspondence or literature. We print the above as a concise summary with some specific info for Texas.
This is also part of an ongoing campaign among Texas prisoners to fight the rewritten BP-03.91 mentioned above. One of the lawsuits around this campaign is Martinez v. TBCJ, et al. #3:21-CV-00337. The judge has since denied to issue summons to each member of the Texas Board of Criminal Justice. This is being appealed. The plaintiff is requesting more support from prisoners in TDCJ in the form of affidavits and/or unsworn declarations. These affidavits/declarations will help make the argument for a statewide injunction of BP-03.91 and can be sent to MIM(Prisons) to forward to the plaintiff.
When I first got to the Michael Unit about 8 months ago I was placed on safe keeping for my protection, but I’m still considered General Population (G.P.) because we still get all the regular privileges of G.P. prisoners - we are just housed separately.
Anyways I get here and there are no showers, no rec, no day room, no TV, and no phones on this section. We had to sit down multiple times in large groups in order to get administration to force the C.O.s to just give us showers. Oh and mind you that they are housing medium and high security prisoners on the same section as P4 and P5 prisoners. We are not supposed to be housed amongst each other at all.
Well, the staff aren’t doing anything about getting what we are supposed to have. After about 60 days I started initiating I.C.S.s, or “use of force”, causing ranking C.O.s to come down and force regular C.O.s to do their job. We kept getting Johnies for food with basically nothing in them. Then they started to feed half of us and the rest we had to force them to feed us.
So because I orchestrated all this sitting down and standing up for all our right (yes, I initiated this behavior to buck the C.O.s), I was assaulted. We set fires, flooded, and basically forced the wardens to fix our problem, but it only lasted so long before we would have to do it again.
We finally got them to start leaving all the doors open 24/7 so we could run our own showers and day room rec and forced them to put in phones. Then they brought the tablets T.D.C.S. system wide. So I believe that the administration on this unit has orchestrated the assault on me that occurred on January 31, 2023.
So let me explain exactly what happened leading up to this assault seven days prior.
A prisoner set a fire in his cell and attempted to kill himself through smoke inhalation. I got the picketts attention after the prisoner passed out. I ran in and dragged him out of the cell and put out the fire. About six days later they moved me into the cell the prisoner tried to kill himself in. So the next day they moved some prisoner into the cell with me. I only weigh 110lbs. This offender weighs 190lbs, 30lbs over the 50lbs weight difference limit per housing policy. That’s two violations already. Next I was talking to my family via tablet two days later. Then, bam, I get blind-sided and the prisoner assaults me. I wind up with 5 stitches above my right eyebrow, 3 staples in a gash on my head, and 2 in another gash on my head. They rushed me to the hospital.
When I got back, a Lieutenant asked me to write a witness statement for an Offender Protection Investigation (O.P.I.). My statement was: “My life is not in danger. I do not want to file an O.P.I.” They filed it on my behalf anyway and placed me in another building with no light and brought my property the next day. The next day, they moved me back to the same cell with a new cellie, another major violation because I was still under O.P.I. status, supposed to be in a Restrictive Housing Area by myself until I saw the Unit Classification Committee. On 8 February 2023, I was moved again. I had basically nothing of what was in my cell and they did not even inventory any of it. I lost stuff that meant a lot to me that is irreplaceable because of sentimental value. They also “lost” my state ID somehow.
So I am filing a §1983 Civil Claims Suit again TDCJ Michael Unit Administration as a whole because I believe this was all set up… for me to get hurt because the U.C.C. major said, “We have to ship you to cover our ass because we fucked up.”
I filed my step 1 on and got it back. Today I’m filing my step 2.
This is my first civil suit. I am asking for any material to help me in winning this suit. As of right now prisoners are helping me with what they can and said that I need to get a copy of the Jailhouse Lawyers Handbook but I don’t have the resources nor funds to purchase one. I am not the first offender this has happened to on this unit but I do want to be the last. I am going to do everything in my power to ensure it does not happen again.
I have been fighting for prisoner rights for seven years now and they finally broke the last straw with me. I’m going to war with this pen. To the courts.
Here on 12 Building we are still setting fire and flooding everyday. Please help us.
MIM(Prisons) responds: Much respect comrade for what you are doing on behalf of Texas prisoners in the face of state violence and repression. Much respect to the comrade for taking care of fellow prisoner and saving eir life as well. We have placed an order for you for the Jailhouse Lawyer’s Handbook. We do not offer legal assistance ourselves, but encourage you to continue to report on your organizing efforts here in Under Lock & Key.
For years we have offered the Texas Department of Criminal Justice’s (TDCJ’s) Offender Grievance Operations Manual (OGOM) for sale to Texas prisoners. As we’ve reported previously, the manual has been removed from all Texas law libraries. The OGOM is a crucial reference for prisoners to understand and utilize the grievance process to address staff abuse and misconduct. Yet the TDCJ has deemed it illegal for us to mail it to fellow prisoners at their own cost.
Of the many copies we’ve sent to Texas prisoners in the last two years only one was confirmed received. A third were confirmed to have been censored by the TDCJ. The rest are of unknown fate because almost everyone we sent the OGOM to never wrote to us again.
Since we have been told by the TDCJ countless times that they will not allow us to mail their own manual to prisoners (and since this has not proven an effective organizing tool – almost everyone we send it to never contacts us again) we are not going to mail this publication again until someone can successfully challenge the decision by the TDCJ.
We did have one comrade who requested the OGOM on the premise that they will file a lawsuit once it is censored. The OGOM we sent was censored in November, appealed, and denied by the Director’s Review Committee on 6 February 2023 with the justification of “in contradiction with BP-03.91”. The comrade should be prepared to go to court now that the appeals process has been exhausted per the Prison Litigation Reform Act (PLRA). We will report any updates on this battle in ULK.
UPDATE: As we go to press in April 2023, the last OGOM we mailed out was received by the prisoner who ordered it. We are glad to hear it. But for now we are sticking with our decision above.
In Texa$ we have received more reports from prisoners about the worsening conditions overall behind bars. Multiple reports of increased repression regarding food quality, medical care, lack of respite for Ad-Seg and increased censorship. Much of the staff is not following any regulations laid out for it regarding the grievance process. Many writers have reported guards throwing out grievances. One report from Clements Unit mentions 100% denial of grievances.
The reports from Clements show some of the worse conditions prisoners face in Texas, with people in isolation suffering worsening health conditions and mental health. From Choper’s report:
“In protest fires burn daily on each of the Ad-Seg lines. Prisoners burn any and all items that will burn. So many so often they don’t even react or bother to put them out, consequently we have no mattresses. Waiting list over 18 months to get a mattress. We sleep on steel and concrete. There are no radios for sale on commissary.”
There is some unity in action going on, but without intentional organizing efforts to facilitate further education in proletarian ideology and connecting the masses behind bars to the oppressed nations in and out of the United Snakes, it may fizzle out due to lack of organization. Tactics such as setting fires can also bring about more repression from guards while taking away energy and materials for organizing. We will continue to fight the censorship and prepare for increased repression, and continue to grow USW inside Texa$ prisons.
We’ve also recently gotten a report of a new SPD (Security Precaution Designate) of Self Harm which is a measure the state is likely taking in response to organizing efforts and legal action against solitary. We are still awaiting updates from the court on the Anti-RHU lawsuit Dillard v. Davis, et al. Civil Action No. 7:19-cv-00081-M-BPs.
The most censored units are Allred and Hughes units. Censorship rates for ULK in TX have been increasing. Censorship rates for the last four issues of Under Lock & Key are as follows:
These are confirmed censorships while many are unconfirmed as received at the moment, so rates are likely much higher.
Much of this is in response to increased pushback from the prisoner population regarding the conditions already prevalent across Texa$ and organizing efforts such as the Juneteenth Freedom Initiative which initiated a wave of censorship which has been ongoing since June.
One comrade has been pushing a censorship lawsuit Owolabi v. TDCJ Allred Unit, et al., 7;22-cv-00094-0 which could have massive implication on facilitating further organizing efforts inside Texa$ prisons, however there have been issues with the Courts trying to dismiss the case on payments grounds despite payment being made for legal documents, that has been resolved for now but it goes to show how unwilling the Texas Department of Criminal Injustice is to follow in own procedure if prisoners use it to further progressive interests in making Texas$ prisons into liberation schools.
Regarding the BP 3.91 case Martinez, ET AL. vs. Members of the TExas Board of Criminal Justice, ET AL. #3:21-CV-00337, it is currently pending and the Judge had sided with the defendants and denied to issue summons to the TDCJ board members and director, however further action is being taken, its not over yet. More proof that this system is completely biased towards the oppressor and we cannot let up on any fronts.
On December 16, 13 comrades have unified in the Michael Unit to stop eating in response to ignored grievances, which both step 1 and 2’s have been filed, and hazardous conditions inside the isolation cells, where we’ve gotten a report where an entire row got sick due to improper ventilation. As with some other units, chow is being left out for hours at a time before being served, and people aren’t being let out to shower. We stand with these comrades and encourage other prisoners to find unity through these worsening conditions.
North Texas AIPS has been established and will be working in coordination with other groups such as Texas T.E.A.M. O.N.E. to ramp up more outside support and awareness of the struggle behind bars, and spreading MIM line in and outside of prisons in Texa$. We will continue to expand our efforts in order to bring awareness and strategize on combating the increased repression Texa$ prisoners have been facing
One project we will be working with a number of jailhouse lawyers on is updating the Texas Campaign Pack to include anything we can find to update the grievance information as well as information regarding the new independent Ombudsman for Texa$. Please send us your edits and changes for the Texas Pack so we can make the next edition as complete as possible.
The struggle in Texa$ is growing, as is state repression, our goals to establish institutions of the oppressed nation and facilitate the study of Maoism and peoples war is our path forward. Stand up for your right, don’t give up the fight.
On 10 January 2023, a new legislative session convenes.
Several state representatives have committed to utilizing proposals from Texas prisoners to implement reforms. Rep. T. Meza has stood out with her zeal to end solitary confinement throughout Texas’ prisons and jails. She previously introduced a bill along those lines that didn’t make the floor. However, this session with more support from her colleagues, and with a litany of Texas citizens concerned about this, things look to possibly end differently.
In conjunction with the efforts of state politicians on the 10th of January, supporters of this campaign will be protesting on both sides of the walls. Around the state prisoners are showing their support by hunger striking. People on the outside will protest in Austin at the state Capitol.
Lastly, there continues to be civil lawsuits filed against TDCJ and its practice of indefinite solitary confinement. One of Our comrades has filed suit and that’s been reported on in previous ULK’s.(1) There is also Hanson v. Barnett, CA No. 1:21-cv-629-RP-DH, an extensively detailed complaint filed in the Western District of Texas, Austin Division.
We encourage all similarly situated people to file 1983 lawsuits, and if you need advice or assistance the address to Tx Team One’s legal representative is: 113 Stockholm #1A, Brooklyn, NY 1121
UPDATE As we go to press prisoners are wrapping up week 2 of the hunger strike. The TDCJ has verified 72 participants, while supporters say at least twice that number are on strike across the state prison system. In their defense the state also says that the number of prisoners in isolation has decreased from 9,186 in 2007 to 3,172 in 2022.(2) We say that is still too much torture!
Texas Prison Reform, the prisoner organization, gave the state 90 days notice before initiating this latest action in their campaign. In that statement they mirror their demands off the infamous Ashker v. Governor of California case, which settled for some minor reforms in how people are put in the Security Housing Units rather than abolishing the practice altogether. Abolishing torture is a winnable battle, that continues to gain attention and support. Anything less than a complete ban on solitary confinement across Texas prisons and jails is a failure of basic humyn rights.
In previous writings we’ve utilized the principle of self-criticism to critique the communications operations that We, Team One, previously had. Therefore, we’re enthused to announce not only new tactical methods of communication, but a new address as well.
Tx Team One PO Box 720597 Houston, TX 77272
Also, in conjunction with the JFI campaign and in partnership with outside supporters, We’re presently soliciting contributors for a book project. This project will be a collection of personal experiences of prisoners who are working or have previously worked an industrial job in Texas prisons (TDCJ).
This work contributes to the portion of the Juneteenth Freedom Initiative that deals with prisoner workers’ lack of payment and the practice of state coercion. Any and all prisoners who would like to contribute their personal experience via written word should write tot he above address. Those considered for publication will receive a reply.
Those committees and individuals who’ve written us in the past, but did not receive a reply, should write to our new address with your contact info.
