Under Lock & Key

Wisconsin prisoners at Waupun Correctional Institution are planning a hunger strike to begin on 10 June 2016 to demand an end to the torture of long-term confinement in control units in Wisconsin.

In 2015, the Wisconsin Department of Corrections (WI DOC) made some policy changes to their use of long-term solitary confinement. According to the DOC, the number of prisoners in "restrictive status housing" was reduced by about 200 by reducing the maximum time prisoners can be put in control units (which varies depending on the justification given for this isolation). The WI DOC refused to release any information about these changes until compelled by records requests, and the total number of prisoners in control units reported by the DOC is highly suspicious as it is far lower than information gathered from surveys.(1) In addition, Waupun prisoners were not notified of the change to this policy, and months later were still being held for longer than the new regulations allowed.(2) It's unclear if the new policy is being applied uniformly across Wisconsin prisons at this point, but small reductions in the length of solitary confinement sentences will not solve the fundamental problem of this system of torture.

The actual policies are available on the Wisconsin DOC website and include a table listing maximum time in "disciplinary separation" for various offenses. This includes 180 days for "lying" and 360 days for "lying about an employee," 180 days for "disrespect" and 180 days for "misuse of state or federal property." These are all easily abused accusations that prisoners are powerless to dispute. Furthermore, a Wisconsin prisoner can be put in a control unit for up to 180 days for "punctuality and attendance" issues and "loitering," and up to 90 days for "poor personal hygiene," "dirty assigned living area," and "improper storage."(3) The policy also states "More than one minor or major disposition may be imposed for a single offense and both a major and minor disposition may be imposed for a major offense" which sounds like they can just pile on lots of offenses and sum up the total max days in isolation so that prisoners are held there for years.

The demands of this protest include the release of prisoners who have been in solitary confinement for over a year, a length of isolation far exceeding what is commonly considered torture by international human rights organizations.

As one prisoner reported to Under Lock & Key a few years ago:

"I have reasons to believe that these people have no plans of removing me off A.C. ... They have me in the worst conditions in the Wisconsin DOC. ... It is fly infested. I have black worms coming out of the sink. We can't have publications.

"I have been in seg for over 13 years. and I haven't given these people any trouble in a long time, and what I'm in seg for is solely political. I am being punished for organizing for Black Unity and against institutional racism. I simply created organizations that advocated the advancement of Black people and that fought against Black on Black crime, poverty, ignorance, etc. It wasn't created to terrorize white people, as the totalitarian state would have you believe.

"As a result of being in seg I have developed a long range of psychological issues, issues that have left me scarred permanently. These issues have caused some professionals to label me psychotic and delusional among other things. I was diagnosed with Delusional Disorder and am being treated for it."(4)

It is well documented that long-term isolation causes mental health problems including hallucinations and delusions. This technique is used in prisons like Guantanamo Bay to torture military prisoners into making confessions (or making up confessions for the many innocents who suffer this torture). But in the Amerikan prison system this torture primarily serves to slowly erode the health of prisoners who are either confined to waste away for the rest of their life, or released back to the streets unable to care for themselves.

The petition put together by prisoners at Waupun is printed in full below:

Dying to Live

Human rights fight at Waupun Correctional Institution starting June 10, 2016. Prisoners in Waupun's solitary confinement will start No Food & Water humanitarian demand from Wisconsin Department of Corrections officials.

The why: In the state of Wisconsin hundreds of prisoners are in the long term solitary confinement units a.k.a. Administrative Confinement (AC). Some been in this status from 18 to 20 years.

The Problem: The United Nations, several states, and even President Obama have come out against this kind of confinement citing the torturous effect it has on prisoners.

The Objective: Stop the torturous use long-term solitary confinement (AC) by:

1. Placing a legislative cap on the use of long term solitary confinement (AC)
2. DOC and Wisconsin legislators adoption/compliance of the UN Mandela rules on the use of solitary confinement(5)
3. Oversight board/committee independent of DOC to stop abuse and overclassification of prisoners to "short" and "long" term solitary confinement.
4. Immediate transition and release to a less restrictive housing of prisoners who been on the long term solitary confinement units for more than a year in the Wisconsin DOC
5. Proper mental health facilities and treatment of "short" and "long" term solitary confinement prisoners
6. An immediate FBI investigation to the secret Asklepieion* program the DOC is currently operating at Columbia Correctional Institution (CCI) to break any prisoner who the DOC considers a threat to their regimen

How you can help

1. Call Governor Scott Walker's office and tell him to reform the long-term solitary confinement units in the Wisconsin DOC and to stop the secret Asklepieion program at once. The number to call is 608-266-1212.
2. Call the DOC central office and demand that all 6 humanitarian demands for this hunger strike be met and demand an explanation as to why they are operating a torture program. The number to call is 608-240-5000.
3. Call the media and demand that they do an independent investigation on the secret Asklepieion program operating at Columbia Correctional Institution, and cover this hunger strike.
4. Call the FBI building in Milwaukee, Wisconsin and demand that they investigate the secret Asklepieion torture program being run at CCI. The phone number to call is 414-276-4684.
5. Call Columbia Correctional Institution and tell them you are aware of their secret torture program. Harass them! 608-742-9100.
6. Join in on the hunger strike and post it on the net. Convince others to join as well.
   
   * Asklepieion is a secret DOC torture program based upon Dr. Edgar H. Schein's brainwashing methodology that in the 1960s was disguised and turned into a Behavior Therapy Treatment program that deals with the literal brainwashing and enslavement of an individual's mind. It retrogresses the individual to the character role of a child and reinforces the need for paternal authority. To achieve such effect the prison authorities, with the help of collaborating inmates, must first break the individual's mind through sleep deprivation and character invalidation techniques, and then, recondition it with Stockholm Syndrom. To see more go to https://iwoc.noblogs.org/post/2016/02/16/personal-experience-with-behavior-control-in-a-wisconsin-prison/

[In December 2014 MIM(Prisons) received this petition against the Tier II program from two different comrades, with almost thirty signatures. Considering these prisoners are organizing in extreme conditions of isolation and sensory deprivation, that number of signatures is impressive. We publicize this petition as part of our overall struggle to shut down Control Units in prisons across the country.

The conditions outlined below are common to Control Units in the United $tates. An end to the Tier II program in Georgia would certainly be a step in the right direction. But we know it is only a tiny piece of a much larger problem: capitalism, imperialism, and national oppression. While prisons in general are a tool of social control for the imperialists, control units are used by the imperialists to further control prisoners targeting activists in prison who are fighting for their rights and the rights of others. We organize to tackle these broader problems with our society, and shutting down Control Units is a battle in that process.]

We the People petition

We the people (jointly and severally) come together to petition the government for a redress of grievance, pursuant to the Bill of Rights, "Amendment I" of the Constitution for the United States of America. Furthermore, we the people assert the rights set forth in "the Universal Declaration of Human Rights" (UDHR), adopted by the UN General Assembly on December 10, 1948. More specifically, we assert the rights set forth at Article 1-8, 18-22, 26 and 28 of the UDHR.

We the people now move to set forth the factual basis for this petition. Fact, on December 7, 2014, at approximately 10:45pm, a man [inmate] "died" inside of the J-1 dormitory (cell #124) at Smith State Prison. It is stated that the man/individual committed suicide. The examiner and/or coroner pronounced the man officially dead between 11:30pm and 1am.

We the people believe (with strong conviction) that the Tier II Program (behavior modification program) is the root and cause of the death. During our examination it has been determined that there are numerous "factors" that must be evaluated, and has been evaluated in reaching our conclusion that the tier II program is the "root and cause" of the "death."

Factor #1: The Tier II program is a mind and behavior control program for prisoners, via long term deprivational isolation and segregation, which is a form of psychological, mental and emotional torture/suffering.

Factor #2: The Tier II program is intellectually, mentally and creatively stagnating. People/human-beings [prisoners] are prohibited from receiving any and all books, magazines, newspapers, novels, articles, etc. We are forbidden to read any and all books, magazines, newspapers, novels, articles, and all other forms of reading material [the only exception being a bible or Qur'an; either or, but not both; we may choose one or the other]. This prohibition on reading causes "stagnation" of the mind, which in turn, turns man back into what men were before civilization [barbarians, cavemen, and savages]. To not want people/human beings to read and or have access to divers reading materials is self evident that the goal of this program is not progressive and rehabilitating, but instead, by design it is regressive and debilitating. Reading is fundamental [fundamental to growth, improvement, learning, success and life itself, etc.] No one can put forth a logical explanation for prohibiting reading and forbidding reading. No one can provide evidence that prohibiting reading serves some good cause or rehabilitation. All evidence is contrary to that thesis/theory.

Factor #3: The Tier II program isolates and separates us from our families and loved ones. Most individuals/people placed on the program cannot receive visitation because of the way the program is designed. Most people cannot use the telephone because of how the program operates. For a vast majority of us, the "only way" to contact and or connect with our families or loved ones is the letters. We must write letters; we correspond through the mail back and forth. Mail correspondence is the only form of communication for the majority of us.

Factor #4: The Tier II program is a health hazard. The conditions of confinement are a violation of the 8th amendment (cruel and unusual punishment clause) of the Constitution for the United States of America. The food that is served is nutritionally inadequate. Everyone (all of us/all the people) that are on the Tier II program has and/or is losing weight. Some of us have lost a lot of weight, while other have only lost 10-15 pounds (since being on/in the Tier II program). But all of us are losing weight, and have lost weight. Also, the food that is served is often unclean and thus unhealthy. The milks are often spoiled. The "meat" is often raw or old (spoiled). The food in general is old (half of the time). The trays that the food is on are always filthy/nasty, as if they have not been washed. The filthy ways contaminate the food that is placed on them. We have no choice but to eat it or starve. (On phase 1 and 2 of the program we cannot purchase any food items from the commissary/store.) No clean water is passed out or given to us. We are forced to drink out of old, nasty sinks, with rusty spicket/faucet.

Sanitation: The showers are always filthy and disgusting. When I/we enter into the showers, often there is hair (shavings), urine, semen, (sometimes) blood, feces and other bodily filth. Cells have bugs, rats, roaches, ants, spiders, and other unknown species of insects or bugs. In the summer time the flies and gnats are overwhelming. We are only allowed to clean out the cells 1 time a week and sometimes 1 time a month. (But according to GDOC standard operating procedure cells are supposed to be clean at all times.)

Exercise (yard call/outdoor recreation): We are denied and or deprived the opportunity to go to outdoor recreation and exercise (which is a judicial-constitutional guarantee - for prisoners; see Spain v. Procunier, 600 F. 2d 1490 (9th Cir. 1984) and a plethora of other federal cases). Yet and still they deprive us of outside recreation/exercise for months and months at a time (case to case basis). Some of us are deprived for days, and some for months and/or years. The bottom line is, they deprive us of exercise. On phase 1 (of the Tier II program) we are not allowed to buy any hygiene from the commissary. We are prohibited form buying hygiene for months at a time. Yet, they take all our hygiene items. The list on conditions of confinement goes on and on, so for time sake we must proceed.

Factor #5: Many of us are put on the Tier II program without due process of law (procedural due process of law, as set forth by the Supreme Court on Wolff v. McDonnell, 418 U.S. 539, 563-655 (1974)). We were put on the Tier program without receiving written notice; we were not given a constitutional hearing; we were not allowed to call witnesses; we were not provided an opportunity to present documentary evidence or any other form of evidence; we were not provided an opportunity to be heard/to speak; we were not provided an "advocate" to assist us, or to put up a defense (of any kind) or to investigate (into the alleged matter); thus, no due process of law.

Factor #6: When we were put on the Tier II program, all of our property was confiscated illegally (confiscated without due process). Property that was taken include: all our CDs, CD players, headphones, earphones, all pictures and/or photos, all books, magazines, novels, articles, newspapers, and all other reading materials (except a bible or Qur’an), lotion, deodorant, soap, toothpaste, grease, toothbrush, hairbrush, nail clippers, comb, dental floss, soap dish, photo album, free world clothes (tshirts, socks), pajamas, wave cups, thermals, etc. All food items purchased from commissary, be it soups, honeybuns, buddy bars, chips, drinks, etc. The property/items they took/confiscated include the above mentioned things, but are not limited to those things/items. Other personal property was taken that is not on this list.

Factor #7: Some people are on the Tier II program for an indefinite period of time which could last many years. Others will remain on the Tier II program within the time line specified in the SOP (ITB09-0003), which is 9 months - 2 years.

Factor #8: Whenever we are taken out of the cells, we are mechanically restrained (handcuffed and/or shackled and/or waist chained) and escorted by two or more guards.

Factor #9: If there is an emergency, such as death in the family (or something of that nature), we are not allowed to attend the funeral or memorial services, because of the Tier II program.

Factor #10: Because of the Tier II program, we can not look at TV or listen to the radio. For some of us it has been over 22 months since we last seen TV, seen a movie, or even seen a commercial, or heard the radio.

Factor #11: Some of us, they will not let out the hole (segregation/isolation) even when we may have earned and received a certificate (and or receipt) stating "successfully completed the Tier II program.

Factor #12: We are deprived of almost any environmental or sensory stimuli and of almost all human contact.

Factor #13: The conditions of confinement are an "atypical and significant hardship" upon us.

Factor #14: The above mentioned deaths, is not the 1st death this year, that was caused by the Tier II program. Earlier this year (on or around February 12, 2014) in J-2 dormitory, cell #240. On 2/12/14, another man dead on the Tier II program. This man was killed by his roommate. Currently his real name is unknown but he was known as Sa-Brown. Sa-Brown was murdered, stabbed to death by his cell mate. We believe and/or it is believed that the Tier II program drove the man crazy/insane, then he murdered Sa-Brown.

Conclusion:

According to the Georgia Department of Corrections Standard Operating Procedures (SOP) II B09-0003, Section I, Policy (page 1) states: "This program is an offender management process and [supposedly] is not a punishment measure... The Tier II program is a behavior modification program." The truth is - this offender management process/behavior modification program induces death (whether directly or indirectly). And we believe those that are responsible for the deaths are the creators, maintainer(s), operator(s), and manager(s) of the Tier II program; that would be: Brian Owens (GDOC commissioner) and Randy Tillman - the authors/creators; and Stanley Williams (Warden of Smith State Prison) and Eric Smokes (the unit manager of the Tier II program). These individuals (Owens, Tillman, Williams and Smokes) are responsible for the Tier II program and are responsible for the deaths (whether directly or indirectly).

The above mentioned factors are not the only relevant factors to be examined and evaluated in determining our conclusion. The above mentioned factors are included (in the examination and evaluation process), but are not limited to those factors (mentioned above). But for time sake, we will cease to elaborate on the numerous factors.

We the people call for an end to the Tier II program!

Click the PDF to download a copy of the Missouri petition to allow prisoners in Administrative Segregation to receive cases from the law library. This petition can be used on any security level where the law librarian is arbitrarily denying prisoners access to legal materials. It is meant to be rewritten by prisoners in Missouri and sent to State Representatives and the Missouri Department of Corrections (MDOC) Inspector General.

While we struggle to build public opinion for socialst revolution in the United $tates, we use the courts to fight winnable battles — battles that will help make space for our overall anti-imperialist movement. The denial of legal assistance to prisoners without active cases prevents our comrades from even beginning an active case, or studying law in order to prepare for a case. We know that most cases will not be won in our favor, but maintaining the right to challenge injustices in court try is an important part of our struggle at this stage in the game.

Title: "Welcome to Ad-Seg/SHU" or "Fuck Your Sleep!"
Artist: CDCR staff
Producer: Jeffrey Beard - Secretary of CDCR

Lyrics:
"Whack!" *Beep* (12am) 
"Whack!" *Beep* (12:30am)   
"Whack!" *Beep* (1am)    
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"Whack!" *Beep* (10am)    
"Whack!" *Beep* (10:30am)    
"Whack!" *Beep* (11am)    
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"Whack!" *Beep* (12pm)    
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"Whack!" *Beep* (1pm)    
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"Whack!" *Beep* (2pm)    
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"Whack!" *Beep* (3:30pm)    
"Whack!" *Beep* (4pm)    
"Whack!" *Beep* (4:30pm)    
"Whack!" *Beep* (5pm)    
"Whack!" *Beep* (5:30pm)    
"Whack!" *Beep* (6pm)    
"Whack!" *Beep* (6:30pm)    
"Whack!" *Beep* (7pm)    
"Whack!" *Beep* (7:30pm)    
"Whack!" *Beep* (8pm)    
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Repeat... Repeat... Repeat

The new hit single across California.
Available now @ Pelican Bay State Prison,
California Correctional Institution,
San Quentin State Prison,
Corcoran State Prison,
& Old/New Folsom State Prison.
Stand up for your rights now to get your free tickets!

I received the information on the study group/cells which I go over several times a night, then engage my neighbor here in Ad-Seg/SHU in good conversation. At times others quit talking, and conversation don't resume until directly after I am forced to sit down after standing on cold hard concrete a few hours. I have severe nerve damage from diabetes as well as this cement box environment. But I do hit the door at least 4 times a day to continue or expand the topics I read in past issues of ULK I have, or the more recent materials you have sent like "The Tyranny of Structurelessness" and "Commitment is the Key." I have got two young men reading many of my past issues of ULK that I have received from you and inherited from others over the years.

Forming an actual study cell on this 14-man section of the pod is hit and miss. The Security Threat Group Office has a very broad but vague description of who and what constitutes an STG member/group. And this being a highly militarized zone in central texa$ with Ft. Hood and an Air Force base nearby; many who discharged or were drummed out come to work here, with severe cases of hate toward prisoners in general. A few target anyone deemed anti-american or anti-capitalist.

What I see are quite a few who support the xenophobic racist Trump, even a few people one would not expect such as several black and mexican officers! I do not capitalize their race/color or call them New Afrikans or Chican@ because they are not to me, supporting a vile individual like Trump. I have attempted to find out why they support him. It's the rhetoric he spews that they believe in. More jobs, make america great, stronger military presence overseas, etc. Because of my reaction and comments I have lost meal trays come slop time, or been "forgotten" for medical lay in, rec or even shower time. Even my mail gets misplaced for days or given to the wrong person on another section!

Oh, an update on medical co-payment in texa$ and University of Texas Medical Board (UTMB) Healthcare. As of 1 February 2016 TDC prisoners are not charged medical copay for the dentist UNLESS it is for teeth cleaning. So texas comrades let it be known on your facilities. This came directly out of the mouth of UTMB Dentist of the Year for 2016 quoting the director of texas healthcare in TDC and the director of TDC dentistry.

As of April 2016, I am currently battling a new TDC move on medical copay. If you do win your initial grievance Step 1 or Step 2, they now go back on your records previous 24 months and look for things to charge for that were overlooked the first time. I have a grievance filed specifically countering that. When I hear a response I will inform all my comrades at MIM(Prisons).

MIM(Prisons) responds: We appreciate this comrade updating us on the medical copay campaign, and we are not surprised that TDCJ is going back thru medical records to see what they can charge for. It's just another example of the eternal dead end of reformism. As revolutionaries, we work on reforms presently so we can lay the groundwork for our more broad political organizing. We recognize the need for a complete change in the system that capitalizes off of humyn suffering, and we are always striving toward this goal.

Subscribers should keep sending us updates on the several campaigns we are supporting all across the United $nakes.

In 1987, the Guajardo v. Estelle case, modifying the correspondence regulations in the Texas prison system, was finalized. One of the results of Guajardo was prisoners with less than $5.00 in their trust fund accounts were considered indigent, and thereby entitled to five one-ounce First Class correspondences per week, and unlimited legal and privileged correspondences.

Circa 1998, Jason Powers, attorney at law, with the firm Vinson & Elkins, contacted me informing me the state had filed a motion to vacate Guajardo pursuant to the Prison Litigation Reform Act (PLRA). Powers solicited my assistance in defending plaintiffs' objection to State's motion. Obviously, the plaintiffs failed to prevail.

My concern regarding recent constrictions in indigent correspondence procedures is: Since vacating of Guajardo, indigent prisoner correspondence has been reduced from the 5 personal letters a week and unlimited legal correspondence, to 5 personal and 5 legal correspondence per month. This, when the indigent requirement has remained less than $5.00 since 1978, never being adjusted per the inflated dollar.

As such, I intend to commence a petition campaign directed at State Senator John Whitmire, State Committee on Criminal Justice, demanding not only that the 5x5 weekly indigent correspondence regulations be reimplemented, but that the standard of indigence required be adjusted to reflect a realistic inflated dollar. So fly this by your grievance writers and gauge their thoughts on the matter.

MIM(Prisons) responds: The reduction in indigent prisoner correspondence envelopes has a direct impact on prisoners' ability to stay in contact with family, fight legal battles, and engage in political education and organizing. The criminal injustice system wants to curtail these activities as a part of the goal of social control. As revolutionaries we support campaigns to expand access to correspondence, as we know this is critical to our ability to reach our comrades behind bars. We look forward to input from other grievance campaign participants about this new tactic in Texas.

Another campaign that is active in Texas is the right to access to a law library. We also recently learned that the Jailhouse Lawyers Handbook has been banned across the Texas Department of Criminal Injustice as of October 29, 2015. Texas is continuing a long history of assault on oppressed peoples in that state, and the only way we're going to be able to overcome the new (and old) tactics developed (and re-instituted) daily is to overthrow the state apparatus that makes it possible. Obviously Amerikkka's government system has got to go.

I am responding to your call for campaign updates concerning the grievance petition for this state that another very talented, gifted, and capable comrade put together to address all of our concerns and conditions in Florida. I, personally, think it is a very ingenious, adequate, and brilliant piece of legal work, and believe it sufficiently addresses all of Florida prisoners concerns and problems they might have been experiencing with the grievance procedure in this state. My hat goes off to the 'rade who established this and I offer or extend a firm, tight, and clenched fist salute for hooking this piece up.

The first time I put this petition into effect in Florida was at Dade Correctional Institution in March 2014, about the officials there not acknowledging, not sending me a receipt, trying to ignore or disregard, and not answering certain grievances. The Asstistant Warden for Programs, Mr. J. Williams, called me out personally to his office and told me if I ever had any of these kind of problems again, to just come up to his office personally and if any other staff member asked or tried to stop me just tell them that he sent for me or told me to come up there and he would cover for me - and then he would personally hand deliver to me a copy of the receipt and log number or account for whatever the discrepancy was to make sure that I got a copy of it and received a response to the grievance. Needless to say, I didn't have any more problems or didn't have to do this anymore and all of my grievances were responded to in a timely and legitimate manner.

I also received a letter from the Office of General Counsel, for the Secretary of the Florida Department of Corrections (FDOC), acknowledging receipt of said grievance petition and informing me that he was looking into my allegations and directing the grievance coordinator in Central Office (Tallahassee, FL) to investigate it.

Since that time, I have also shared a copy of this petition with various other prisoners for their review and use to solve, initiate, investigate or inquire into their problems with positive results. However, as you know, I have also recently just re-filed this petition again at my present facility (Wakulla Correctional Institution) concerning another issue and am currently awaiting their reply, response or reaction. Will, again, keep you posted and updated.

So I would like to encourage, promote, motivate, inspire, and advise all prisoners in the state of Florida who are experiencing any kind of problems with the grievance procedure in this state, or who are not having their grievances acknowledged, receipted, accounted for, and answered to please send for their copy of this much-needed petition. A firm, tight, revolutionary clenched fist salute to the author of this grievance petition in Florida.

MIM(Prisons) responds: You can write to us for a copy of the Florida grievance petition, which is also formatted for many other states. We encourage everyone using these petitions to send us your feedback and experiences. We need to know how this campaign is evolving on the ground.

You asked for updates regarding the grievance petition in Nevada. I have actively spread this petition (along with the food petition) around throughout the state, making well over 200 copies of this complaint and petition. However, from experience, only those who I personally engage, having in-depth discussions with, sign it. Out of the approximate 200 I mailed throughout the state, I received only 11 back.

I have had limited success with grievance campaigns, that is, getting fellow inmates to file grievances on particular issues, such as the inmate assault grievance I've enclosed. However, the response from any grievance is less than desirable.

Currently, it is taking more than 2 1/2 months to receive a response to an informal grievance, when per AR and OP they have only 30 days; 3-4 months for a first level grievance response when they have only 45 days; and up to 6 months for the second level grievance, when they have 60 days to respond. I am still waiting for a response to my security threat group (STG) grievance challenging the Nevada Department of Corrections's (NDOC) STG policies, which was due 18 December 2015.

No matter when the grievance is returned the response is the same. The grievance is denied. I and other comrades have actually been called liars in response to our grievances.

Our current stance, in provocation from the pigs here in Nevada is to simply follow the outdated illegal worthless grievance process only to reach the courts. Comrades in Nevada currently have grievances in on the following issues which they plan to take to court.

1. A religious equality complaint helping certain nature-based religions fight discrimination
2. Racial segregation within the NDOC
3. The diet and food preparation/service
4. The grievance process
5. The NDOC STG policies
6. The access to the law library
7. The treatment of transexuals

The second issue my comrades and I have come up against is confused and misguided lumpen who are being led astray by a couple black supremacist capitalist who are claiming to be MIM members. These individuals are running a store where they are charging people time and a half for goods, and for whites and hispanics they are charging double time. So we have had to confront this issue, and while being clear that we do not speak for the MIM, that we as communists do not support any form of racism, be it white supremacy or black supremacy as all racism is a product of class society and leads only to divisiveness and distrust, and that no communist would ever run a store in which he charged time and a half or double time. And that drew racial lines as a means of determining rate of exploitation. Many people had become confused by these long-time "communist revolutionaries" who preached communist theory, but acted capitalist. We have since addressed it and most now see it for what it is. One is word, one is action, communists support word with action, while these individuals were playing at being communist revolutionaries while they were/are in fact the largest extorters in prison because even other stores here run by other inmates charge only time and a half. We took a very quick and decisive position against these extorters after giving them ample opportunity to explain their actions. And now their actions are being seen for what they are.

Anyway, comrades, I thank you for the three copies of MIM Theory. I have been passing them around to a number of individuals. I would also like to add, I applaud issue 48 of ULK. I have not seen a single issue of ULK or any article, book, etc. ever cause so many to debate and discuss issues. While this issue was dealing with religion, I saw those debating it discussing race relations, subjective and objective realities, the racial orientation of communist principles (i.e. why MIM and other communist groups focus so much on blacks and hispanics and discount, ignore, or openly hate whites), etc. So this is perhaps the greatest issue of ULK we have yet to see because it has given us so much to discuss and develop amongst ourselves. While it was meant as a "religious" issue, we found it to be so much more! Great work!

Enclosed is a grievance, and over 10 people filed the exact grievance. All of us received the same response. I started this campaign with another comrade, and both of us have now been threatened with hole time for "petitions."

Update from 2 March 2016: As I explained in my previous letter, the pigs are retaliating against me and my cell mate. I detailed how the pigs destroyed my cell, etc. Well less than a week after this incident, the pigs once again searched my cell. This time they were in the cell from 9 a.m. - 1 p.m. while we remained handcuffed in the shower.

They broke much of our property ranging from my glasses to my TV, threw away thousands of our legal papers, photo albums from our friends/family/children, and threw a stack of legal work in the toilet. When we returned to our cell, all of our property was dumped on the floor, mixed together, etc. We demanded that the Sergeant be called with the camera; this was denied. We requested a grievance; this was denied. It took us 3 days to finally get the grievance.

This attack however only made us more determined in our struggle against these pigs. Enclosed is my response to the Prisoner-Led Study Group Questionnaire.

MIM(Prisons) responds: This comrade provides a very good example of putting theory into practice, and adjusting for local conditions, by taking the grievance campaign and making it relevant for eir situation. Further, we commend the actions taken to clarify that people claiming to stand for communist ideals are fakers if they are not putting those ideals into practice. We do want to clarify that MIM(prisons) doesn't "hate" white people. Rather we hate the system of national oppression that puts the white nation in a position of power over other nations. But we embrace as comrades any white people who join the revolutionary struggle to overthrow white supremacy and global imperialism.

Upon reading ULK 46 I was once again reminded of the difficulties that us prisoners face trying to have our grievances heard. I would like to share with ULK readers a remedy for this issue that I have discovered.

Pursuant to Powe v. Ennis, 177 F.3d 393 (5th Circuit 1999); and Lewis v. Washington, 300 F.3d 829 (7th Cir. 2002), if prison officials refuse to hear your grievance, your administrative remedies are exhausted. You do not need a response to your grievance to pursue your issue in the courts. You need only prove that you filed the respective grievance.

This can easily be done. First, after you have written your grievance fill out a Proof of Service form stating that on such-and-such date you sent so-and-so a grievance regarding such-and-such issue. After you have filled out the Proof of Service form get it notarized at your facility's law library. Secondly make sure to make copies of both your grievance and the Proof of Service form to keep in your files. Finally, repeat this process at every level of your state's grievance system.

For example: In Illinois there is a three-step grievance system. I have personally used this method in the past (successfully). First, I filed my grievance with my counselor; next I filed it with my institution's grievance office; then I filed it with the Administrative Review Board. Each time I filed my grievance I also filed a Proof of Service form. By doing so I was able to show the Court that I had attempted to resolve my claims through the grievance process. This resulted in the court siding with me and denying the State's Motion for Summary Judgement. I am enclosing proof of this method's success for MIM(Prisons) to verify.

Although this is not the ideal solution it is one that will allow prisoners to pursue their legal matters without being obstructed by the Capitalist swine.

Example Proof Of Service

Hereby comes [your name] to swear under penalty of perjury that on the date signed below I sent the [prison name] Grievance Officer a grievance dated [date] concerning the misplacement of my TV and Norelco Razor by prison authorities through the institutional level mail service.

Executed this ___ day of _____ [month] ________ [year]

_________________________________ [signature]

[get this stamped and signed by a notary public.]

MIM(Prisons) adds: This is a helpful update to the country-wide grievance campaign and likely is a tactic that can be used in states other than Illinois. How "easily" this tactic can be employed depends on the conditions of one's confinement. As some prisoners are held in 24-hour lockdown, with no access to a law library, and the only receipt offered for filing a grievance is another beating from prison guards, they might not be able to easily employ this tactic. But for many prisoners, this might be a stepping stone from having one's grievances altogether ignored, to getting one's foot in the door in the courts.

Many people have requested copies of our state-specific petitions to demand grievances be addressed after running into problems with the grievance system. From all the petitions we have sent out, we've heard few updates about the progress on this campaign. It's important that we sum up our political practice and learn from it. And through this summing up we can determine how to best modify our practice to improve it. We call this ongoing summing up and improving of our practice "dialectical materialism." This is a scientific approach to our political work that enables us to learn from doing, and when we do this summing up publicly, through a newspaper like Under Lock & Key, we can apply these lessons across a broad base of organizers and be far more effective in the work that we are all doing.

So if you use, or have used, the above tactic, be sure to tell ULK if it helped you, or what you did to improve it. That way we can all learn from each others' practice to improve our own.

In 2010 a comrade in California initiated a campaign to demand that grievances be addressed by the California prison system. This comrade created a petition that anyone behind bars could use. The campaign quickly took off in California and spread to other places where customized petitions were created for use in 14 different states.

We have reports from some states that are still actively fighting the corrupt and broken grievance systems using the petitions developed to demand grievances be addressed. But we also have a number of states for which we have petitions, but we haven't gotten an update in a long time. We still get requests for copies of these grievance petitions, but we're not sure if they are being put to use, or if the petition is entirely ineffective.

The goals of the grievance petition campaign are first to build unity amongst prisoners around a common goal, and second to try to resolve grievance problems, in order to help address some brutalities and injustices of the prison environment. An individual sending out one petition won't bring relief, but building with others in your facility around this campaign will help address at least one of these goals.

Here is the list of states for which we need updates on grievance campaign work:
Arizona
Colorado
Kansas
Montana
North Carolina
Nevada
Oklahoma
Oregon
South Carolina

If you are in one of these states, let us know what you did with the grievance petition. Help us update the campaign, even if it's just to say that your work so far hasn't produced success. Tell us what grievances you are trying to fight, how you used the petition, and the participation of your fellow captives.

It is a critical part of the work of any political organization that we learn from our practice, and continue to improve our work. By reporting on your grievance campaign work, you are contributing to the dialectical materialist method of revolutionary struggle. Together we can improve our practice to be even more effective over time.