The Voice of the Anti-Imperialist Movement from

Under Lock & Key

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[Africa] [Campaigns] [International Connections]
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Anti-Imperialist Opposition to AFRICOM Heard in U.$. Koncentration Kamps

Shut Down Africom Petition to Congress
Black Alliance for Peace Representatives deliver petitions to U.$. Congress.

The campaign to get the U.$. military operations of AFRICOM out of Africa has been popularized in recent months. The Black Alliance for Peace (BAP) initiated a petition drive, which they extended to 4 April 2019, the anniversary of the assassination of Dr. Martin Luther King Jr. Comrades in United Struggle from Within stepped up and made a substantial contribution to this drive from within the U.$. koncentration kamps.

To add to the list of California, Texas, Louisiana and Georgia, USW comrades came through with petitions from Oregon, Kentucky, Pennsylvania, and Colorado. California and Texas also produced quite a few more signatures. And some individuals from Maryland and West Virginia sent their signatures in as well. A large number of our subscribers are in long-term isolation and therefore collecting others' signatures is very difficult.

BAP submitted about 3500 signatures to the Congressional Black Congress chairperson and co-chair of the Congressional Progressive Caucus. With the additional 193 signatures we received since our last report we have submitted 423 signatures to the campaign. That is more than 10% of the total signatures collected! United Struggle from Within made a significant contribution to this campaign.

Of course, that is a small victory in the large task of ending U.$. imperialism in Africa. An anti-imperialist message was brought to sections of Congress, and the streets of Washington D.C. by BAP last week. In solidarity, USW popularized the message behind the bars of U.$. koncentration kamps. When doing campaigns like petition drives, the interactions we have with the masses when collecting the signatures is even more important than the interactions BAP leaders have with Congress. Congress will not and can not end U.$. imperialism, only the oppressed people of the world have the power to do that. And that is why building unity among the oppressed around these issues is of upmost importance to our mission.

The torture and abuse enacted on the oppressed nations within U.$. borders is a product of the same system that is dropping bombs and unleashing brutal violence in African countries from Somalia, to Libya, to Nigeria. That is why MIM(Prisons) and United Struggle from Within are dedicated to the anti-imperialist prison movement in the United $tates. Without anti-imperialism, the prison movement is limited to treating the symptoms and not the disease.

The struggle to get AFRICOM out of Africa continues. If you did not get a campaign pack with info on AFRICOM, write us to get a copy. Discuss what is going on in the Third World with those around you. Relate it to the oppression felt here. Write articles for ULK. Our 423 signatures did not shut down AFRICOM, but the oppressed will shut down AFRICOM some day.

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[Somalia] [U.S. Imperialism] [Campaigns]
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U.$. AFRICOM Drone Bombings Surge in Somalia

Somalia governance 2016 map

The United $tates has been waging a low-intensity war in Somalia for over a decade, and it's only getting worse. U.$. bombings in Somalia have tripled since Trump took office. These bombings generally go unreported in the Amerikan press, but investigative journalist Amanda Sperber has helped bring what little information there is to light. According to her report, the administration has refused to explain to Congress its reasoning for the increased bombing campaign. The United States Africa Command (AFRICOM) reports claim only terrorists have been killed in these "targeted attacks," while Sperger has spoken with victims on the ground who list young children and civilians as being killed. This has become the common result of the U.$. drone wars.

In 2017, President Trump issued a directive allowing AFRICOM to assassinate anyone it identified as a member of Al Shabaab. The new president of Somalia, Mohamed Abdullahi Mohamed, is an Amerikan-trained puppet who has allowed AFRICOM to operate freely within the country. It is little wonder that Al Shabaab garners support with calls for national liberation in a country that has no free will independent of U.$. imperialism.

In addition to AFRICOM, it has been reported that the CIA is also assassinating people in Somalia, and their requirements for transparency are even more limited. While there are reportedly 500 Amerikan troops in Somalia these days, almost all operations, including the CIA, are run from the safety of the "Green Zone." They use drones to do the killing, and then claim that everyone killed was a terrorist.

Southern Somalia is just one hotspot for AFRICOM-operated warfare on the continent of Africa. It is these secret imperial wars that comrades in United Struggle from Within are standing up against by joining the campaign to Shut Down AFRICOM. We must work to lift the veil of secrecy around these wars, and build an anti-imperialist movement that is capable of challenging these unnecessary deaths from within the belly of the beast.

As this issue of Under Lock & Key goes to print we will be tallying up the final count of petition signatures from our readers. These petitions will be submitted the Congressional Black Caucus by the Black Alliance for Peace in April.

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[Campaigns]
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Prisoners Role in Expanding ULK

In 2018, about 1% of our subscribers in U.$. prisons donated money each month. Those comrades supplied about 2% of the funding for printing and mailing Under Lock & Key to prisoners across the country. If you include all money from comrades behind bars, including literature purchases, and MIM(Prisons) full operating budget, those comrades provided about 5.8% of our funds. This is not an insignificant portion of our budget, yet it remains small considering our primary mission is serving the U.$. prison population.

We are still in the progress of exploring options for how to make ULK a monthly newsletter. While we hope to be more efficient with our resources as part of this campaign, there is little doubt our total costs are going to increase significantly. And the comrades in MIM(Prisons), who fund the vast majority of what we do, will not have the ability to cover such an increase. Therefore this expansion will have to stand on 3 legs: 1) partners who we hope will co-publish the new newsletter, therefore taking on some portion of the funding and distribution; 2) recruiting new distributors on the streets who will also contribute a monthly amount to fund the new newsletter; and 3) our existing subscribers in U.$. prisons.

Many years ago we reported that prisoners funded 4% of Under Lock & Key and set a goal of increasing that to 10%. Since then we've tracked donations separate from payments for literature or other services. Today, we have a ways to go to reach that modest goal of funding 10% of Under Lock & Key from comrades behind bars.

If you are a reader of ULK who thinks that doubling the frequency with which we can send communiques out to prisoners across the country is a needed expansion, please think about how you can organize to contribute to funding that expansion.

Currently, a one-year subscription to Under Lock & Key costs us about $10. We don't know what that number will be under the new scenario yet. The goal of funding 10% of ULK could be reached by 10% of prisoners who receive ULK contributing $10 per year. Remember we only have 1% of our subscribers donating right now, covering about 2% of the costs. We need at least ten times more of you to step up to help make this goal attainable.

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[Organizing] [Campaigns]
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How to expand ULK: some ideas

The third goal of the expanded newspaper [from the ULK 64 Make ULK Monthly article] states, "Broader distribution of anti-imperialist information." Furthermore, in the "who should be part of this expansion?" section of the article MIM(Prisons) states that "we will continue to publish articles from individuals who share our anti-imperialist agenda though perhaps are not Maoists."

I believe that the third goal can be achieved by practicing the above quote. The ULK subscription rate would increase by allowing "outsiders" to publish material within the publication (such as anarchists). This increase in subscribers would also increase the number of art and article submissions to ULK, as well as donations.

Let us remember that Marx agreed with Proudhon and other anarchists in regard to the necessity for the proletariat to abolish the state. It is only by abolishing the state that we can create a class-less society (since the state is the manifestation of class antagonisms). The dividing line between communists and anarchists is not the abolition of the state, but the process in which the state should be abolished. Because there are many similarities between communist and anarchist ideologies both ULK and its readers would benefit greatly from the inclusion of anarchist commentary (besides, MIM(prisons) can always comment on an anarchist article to correct it if necessary.)


MIM(Prisons) responds: MIM(Prisons) welcomes anarchist writers to submit to ULK. This writer is correct that our areas of disagreement are limited to the strategy to getting to classless society, but we agree on our ultimate goal of society with no groups of people having power over other groups. And there is a lot to agree on in the struggle along the way.

However, the new ULK in the works will still be a Maoist newsletter, meaning that all writings will pass through a Maoist editorial staff that will either edit or respond to any writings that disagree with the basic tenants of Maoism depending on the position of the author. We do think our readers benefit from seeing debates, but we want to focus on debates that push our movement and our unity forward. We share this comrade's idea that expanding the contributors to this publication will also expand our distribution. We invite potential contributors to get in touch.

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[Africa] [Campaigns] [Militarism] [ULK Issue 66]
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USW Rallies 100s of Prisoners Against Africom in a Couple Weeks

Free the Motherland

On 13 January 2019, MIM(Prisons) sent 230 signatures on the petition to shut down Africom to the Black Alliance for Peace (BAP) who will be presenting them to the Black Congressional Congress after the Martin Luther King Jr. holiday. This petition calls for the disbanding of Africom (a U.$. imperialist tool to control African militaries), the removal of all U.$. military bases on African soil and the end to U.$. invasions, bombings and other military operations on the continent.

So far we have received petitions from United Struggle from Within (USW) comrades in California, Texas, Louisiana and Georgia. BAP is accepting signatures until April 4 — the anniversary of the assassination of Martin Luther King, Jr. We encourage people to write to us for petitions ASAP and get your signatures in to us by April 1. And we encourage comrades to continue to spread information on this topic to build public opinion against U.$. imperialism in Africa.

USW comrades faced resistance in carrying out this campaign from staff and some prisoners. One USW cell lost 2 sheets of signatures in an altercation with a racist prisoner who opposed its work. Elsewhere in California, prison staff were ordered to target anti-Africom fliers for removal, and USW comrades were targeted for their leadership which forced signature gathering to end early. We have seen increased mail tampering and censorship with California comrades since this campaign began. If it weren't for repression, we would have had twice the number of signatures to submit before the deadline.

While our numbers weren't as high as the goal set by USW, comrades did a good job of turning this around on relatively short notice. Our slow lines of communication limit our ability to organize swiftly. So this was good experience for us in improving in that realm. One thing we need to do better next time is to have a larger list of USW members to forward campaign materials to. If you are a member of USW and did not get the Africom campaign packet, let us know and keep us updated on your organizing work so that you stay on our list of active USW members.

Below are some reports we received back with the completed petitions.


A USW cell in California: Here are 54 signatures we gathered. I hoped there'd be more but all our volunteers backed out on us at the last minute. At least one volunteer was reluctant to participate due to fear of repression. Besides that however it was a good campaign overall. The fliers with the timeline really came in handy. They helped us explain to people what the petition was about. In many instances me and another volunteer spoke at length to people about the nature of the campaign making it clear that our focus here was the oppressed & exploited people of Africa. In some situations, however, we found ourselves agitating for this campaign by talking about the fact that even Amerikan troops' lives were being needlessly sacrificed so that the U.$. government could secure the free flow of natural resources out of Africa. We did this keeping in mind how the Vietnamese National Liberation Front established relations with just about every and any Amerikan organization that was critical of U.$. involvement in Vietnam. The Vietnamese were smart in the respect that they were able to masterfully exploit every crack and division in the domestic U.$. anti-war movement.

A great many signatories were Mexican nationals and nationals from different Central American countries who didn't have to listen to more than the basics of our line before they signed. When agitating amongst this Spanish-speaking population we also found ourselves linking the plight of the Central American caravan to that of African refugees stranded at sea being denied entry into Europe.

Only three people refused to give us their signatures. Two of these people were skeptical from the gate and requested more information on Africom, which we happily handed over, whereas one refused to believe us and called us liars. All three were "brown proud patriots."

In closing, we'd like to thank the Black Alliance for Peace for letting us be a part of this campaign. While gathering signatures we found that prisoners were empathetic to the plight of Africans at the hands of U.$. imperialism in this new scramble for Africa. Surely the great African masses will successfully resist U.$. oppression, exploitation and domination, eject the colonizers and have a principal role in defeating U.$. imperialism once and for all. We hope we've made a difference. In Struggle!


Earlier these comrades had reported: We made copies of existing fliers and put them up in different buildings beforehand in an effort to build public opinion for the campaign. Unfortunately, we just received word a couple days ago that all the fliers we put up were taken down by officers on the orders of their superiors. When officers were asked why the fliers were removed they said they didn’t know, they just received a call explaining to them what to look for and to remove them. This is highly suspect since our fliers were up along with a variety of other fliers on an informational board with over 30 fliers including religious propaganda. Yet the Africom campaign fliers were singled out and removed. All this follows an odd run-in with security squad about a month ago. We've since put the fliers back up.


A report from another USW cell in California: I have enclosed 1 sheet [30 signatures] for the petition to dissolve the Africom military command. There are two pages of missing signatures that we worked very hard to acquire here. The problems last week started over a rude racist comment about "nigger politics," which was dealt with promptly on the spot. [Two comrades from this USW cell ended up in the hole as a result of this conflict.]


MIM(Prisons) adds: One comrade who did not participate in the petition drive challenged the campaign to shut down Africom, and in particular questioned Ajamu Baraka as a former Vice Presidential candidate with the Green Party. While MIM(Prisons) did not endorse Baraka's electoral campaign, we whole-heartedly support this campaign to get U.$. imperialism out of Africa, and stand with Baraka on revolutionary nationalist positions such as the one ey took in a recent article responding to the Prosper Africa plan:

"Africans in the U.S. must make a choice. Malcolm said you cannot sit at the table and not have any food in front of you and call yourself a diner. Africans in the U.S. have been sitting at the table of U.S. citizenship and calling themselves 'Americans' while our people are murdered, confined to cages in prisons, die giving birth to our children, die disproportionately before the age of five, live in poverty, are disrespected and dehumanized. A choice must be made, do you throw in with this dying system or do you align with the working class and oppressed peoples of the world."(1)

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[Campaigns] [Organizing] [Northeastern Correctional Center] [Missouri] [ULK Issue 65]
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Spreading the Word on September 9

Vita Wa Watu! This is one essay on my tactics to recruit Brothas and Sistas for certain movements. Take the Day of Peace and Solidarity for instance. I sent out letters to those that have a Genuine Love for me and the Struggle and kept it real with them. I informed them that I would be fasting for the 9th day of September because it was a day that meant more to Oppressed and Lumpen than the Sabbath does to the Jews. I told them that that day is a day of Peace in the Prisons around the country and that it commemorated one of the biggest prison uprisings in the states, and also that it was the last day of the now annual prison strike.

Then I informed them that this Glorious Day meant that there would be no beatings, rapes, stabbings, or any violence of the Oppressed against the Oppressor and that it mean a lot to me if they would fast with me. I got a few confirmations and still awaiting others.

Also, I let the Brothers here in Ad-Seg know the meaning of this day. However, only one Soulja fasted with me. Nevertheless, the day was a success here at Northeastern Correctional Center. Stay strong, Comrades. I will join you again next year.


MIM(Prisons) responds: In ULK 64 we printed some early reports of actions on the September 9 Day of Peace and Solidarity. We're happy to hear about this work going on in Florida.

And this is a good example of sharing your tactics for organizing and recruiting. The next issue of Under Lock & Key is devoted to this topic and we're seeking moreinput from readers about what's worked for you, and also what hasn't worked. We can all learn a lot from our practice and from the practice of others. Sum up your organizing experiences and send them in for ULK. See ULK 63 for our prior deep dive into this topic.

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[Campaigns] [ULK Issue 64]
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Make ULK a Monthly Newspaper

increase under lock and key

MIM(Prisons) has set the ambitious goal of making Under Lock & Key a monthly publication by 2022. ULK fills a need in prison, providing revolutionary anti-imperialist reporting on and about the lumpen behind bars. This is a relatively small revolutionary project focused on the criminal injustice system. But prisons are just one part of the larger imperialist machine. And it will take a revolutionary movement much broader than just prisons to bring down capitalism. We are a part of that movement, and it is our job to do what we can to push forward its development.

At this stage in the struggle there are revolutionary cells organizing in various segments within the belly of the beast. We're building a United Front for Peace in Prisons to bring together the movement behind bars. And beyond that we want a united front against imperialism that includes both prison and non-prison organizations. This broader movement needs a unifying publication, a newspaper that can be used to both disseminate information and organize people.

Lenin wrote What is to be Done? about the importance of a regular newspaper publication for organizing the revolution in Russia. And in the early stages of organizing, before the movement gained popularity and broader membership, the Bolshevik leader argued that revolutionaries needed to dream of wide distribution of a regular publication. He wrote that, with enough local groups and study circles taking up active work:

"[W]e could, in the not distant future, establish a weekly newspaper for regular distribution in tens of thousands of copies throughout Russia. This newspaper would become part of an enormous pair of smith's bellows that would fan every spark of the class struggle and of popular indignation into a general conflagration. Around what is in itself still a very innocuous and very small, but regular and common, effort, in the full sense of the word, a regular army of tried fighters would systematically gather and receive their training. On the ladders and scaffolding of this general organisational structure [...] [revolutionaries would] rouse the whole people to settle accounts with the shame and the curse of Russia. That is what we should dream of!"
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Why print a newspaper when we have the Internet?

Lenin was writing at a time where there was no other way to communicate between localities. We now have the Internet, and some will argue that online agitation is all we need. We can communicate with people around the globe in a few seconds on the Internet. And this is indeed a powerful organizing tool. So why put out a newspaper beyond prisons, one of the few places in First World countries without access to the Internet? The answer to this question is access and organizing.

Most people don't accidentally come across Maoist websites while browsing online, and with the imminent end of net neutrality this will likely become even more true. We're not going to get publicity in mainstream media. And we don't want to encourage bad security by asking people to post on facebook or twitter and expose themselves to the cops. Newspapers can be left for pickup in coffee shops, libraries, book stores, homeless shelters, community centers, laundromats and other places where folks can happen across a perspective they won't see elsewhere. This expands access to revolutionary news and education.

We can use the Internet to quickly share information about campaigns, and rally people from many locations for quick actions. And we can publish the content of a newspaper online, greatly expanding its reach beyond print media. But while the Internet is a powerful tool, it doesn't get us out on the streets organizing people, talking to them, and building study groups and organizing committees.

With a print publication, organizers can walk up and engage people in a way we can not do online. Newspapers give organizers a tool to use in face-to-face organizing. Talking to people about their conditions, and making the connections to the imperialist system. Asking someone to read an article and talk to them about it. Responding to a speech at a rally with a newspaper article on that topic as a starting point for conversation with folks already sympathetic to the cause.

Political goals of the expanded newspaper

  • Get organizing updates to comrades in prison with greater frequency
  • Build unity among the Maoist movement within U.$. borders
  • Broader distribution of anti-imperialist information
  • Closer coordination of work between various organizations within the united front against imperialism
  • Organizing tool for folks on the streets and behind bars

What is needed to expand ULK

Distributors: We can only achieve our goal if we can quickly expand our network of distributors. This is where you, our readers and supporters come in. We will send you a small stack of ULKs every issue for a year for $50. For our Re-Lease on Life Program comrades we will send them for free until you can afford to pay. Selling them for $1 a piece is one way to get the funds to pay for your subscription. Or if you have the money you can take the easier route of dropping off a few copies at local shops and public spaces that have a spot for people to pick up free publications. For our imprisoned readers, reach out to any individuals or institutions on the outside that you think might be able to take on a regular shipment of ULKs.

Money: It will cost more money to print more newspapers, and also more postage to send it out to distributors. We're asking our distributors to cover the mailing costs of what we send them. We also need people to step up and help fund the printing and the costs of mailing in to prisoners.

Content: Our immediate goal is to increase the frequency of ULK, so that comrades inside are getting more regular organizing updates. As this will also expand the content, we hope to increase the breadth of topics that ULK currently tackles, exposing different sectors of the movement to each others' work. We are working on partnerships with fraternal organizations to help create content for this newsletter. We also call on individuals to increase their efforts to produce quality content that addresses the needs of the oppressed from a proletarian perspective.

Who should be part of this expansion?

Revolutionary anti-imperialist organizations that see Maoism as the furthest advance towards communism to date. This is an explicitly revolutionary project. We will not be toning down the Maoism that is our guiding political line. But we will continue to publish articles from individuals who share our anti-imperialist agenda though perhaps are not Maoists.

We need to expand our outside distributors beyond former prisoners. Expanding the content in our newspaper will help attract more supporters. But we also need more supporters to expand. So our number one challenge to comrades on the streets right now is to step up and become a regular distributor of ULK. Without a broader distribution network, we will not reach our goal of doubling the frequency.

Task list to prepare for January 2022

  • Start by distributing ULK locally. Sign up with us today by sending $50 to our PO Box with an address to send ULKs to, and begin exploring ways to distribute the publication regularly. (No checks made out to MIM(Prisons), let us know if you want to send a check)
  • Commit to a financial contribution for this expansion. Ideally a monthly amount we can count on. You can start donating now to help us build up the cash needed for this project.
  • Volunteer to start writing articles. Ask for a copy of our recently updated writing guide.
  • Revolutionary organizations interested in getting involved in this project, get in touch to start talking about how we can work together.
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[Campaigns] [Download and Print] [United Struggle from Within] [New York]
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Downloadable Grievance Petition, New York

NYgrievepet.png
Click here to download a PDF of the New York grievance petition

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

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

Acting Commissioner, Anthony J. Annucci
The Harriman State Campus
1220 Washington Ave
Albany, NY 12226-2050

New York State Commission of Corrections
80 Wolf Rd, 4th Floor
Albany, NY 12205

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

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

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

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140
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[Campaigns] [Colorado]
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Don't be mislead by Colorado's lies in AR 850-04 "Grievance Procedure"

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

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

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

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

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

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

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

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

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

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

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

Addition to Grievance Campaign

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

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

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