MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
This is a belated final report on the United Struggle from Within(USW)
campaign to
“Reject
the I$raeli Settler State, Support the People of Palestine.” The
initial push was only among a small group of USW leaders, but as word
spread others requested the petition and used it to build public opinion
in their prisons in support of national liberation for Palestine. While
our
initial
summary had only tallied 60 signatures, this was based on the
specificity of the petition to current events at that time. Of course,
the broader campaign is one that has been carried out for decades. One
year after the initialization of this USW petition, comrades in 16
prisons had gathered at least 189 signatures.
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:
Placing a legislative cap on the use of long term solitary confinement
(AC)
DOC and Wisconsin legislators adoption/compliance of the UN Mandela
rules on the use of solitary confinement(5)
Oversight board/committee independent of DOC to stop abuse and
overclassification of prisoners to “short” and “long” term solitary
confinement.
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
Proper mental health facilities and treatment of “short” and “long” term
solitary confinement prisoners
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
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.
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.
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.
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.
Call Columbia Correctional Institution and tell them you are aware of
their secret torture program. Harass them! 608-742-9100.
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.]
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.
The Declaration of Independence (in relevant part) We the people
inhabiting the North American continent, freemen, “…hold these truths to
be self-evident, that all men are created equal, that they are endowed
by their creator with certain unalienable rights, that among these are
life, liberty, and the pursuit of happiness…” having been granted by our
creator dominion over all the earth, reserve our right to restore the
blessing of liberty for ourselves and our posterity, under necessity,
that I/we declare, “that, to secure these rights, governments are
instituted among men, deriving their just powers from the consent of the
governed…” and as declared in many states constitutions; “we declare
that all men, when they form a social compact are equal in right: that
all power is inherent in the people” … and “that, whenever any form of
government becomes destructive of these ends, it is the right of the
people to alter or abolish it, and to institute new government, laying
its foundation on such principles and organizing its powers in such
form, as to them shall seem most likely to effect their safety and
happiness.”
Therein, the greatest rights of the people is the right to abolish
‘destructive’ government, those administrating as trustee, or those
institutions that have become destructive and/or corrupted.
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 $tates, we use the courts to fight winnable battles – battles
that will help make space for our overall anti-imperialist movement. The
denial of legal assistance to prisoners without active cases prevents
our comrades from even beginning an active case, or studying law in
order to prepare for a case. We know that most cases will not be won in
our favor, but maintaining the right to challenge injustices in court
try is an important part of our struggle at this stage in the game.
The new hit single across California.
Available now @ Pelican Bay State Prison, California Correctional
Institution, San Quentin State Prison, Corcoran State Prison,
& Old/New Folsom State Prison. Stand up for your rights
now to get your free tickets!
I received the information on the study group/cells which I go over
several times a night, then engage my neighbor here in Ad-Seg/SHU in
good conversation. At times others quit talking, and conversation don’t
resume until directly after I am forced to sit down after standing on
cold hard concrete a few hours. I have severe nerve damage from diabetes
as well as this cement box environment. But I do hit the door at least 4
times a day to continue or expand the topics I read in past issues of
ULK I have, or the more recent materials you have sent like “The
Tyranny of Structurelessness” and “Commitment is the Key.” I have got
two young men reading many of my past issues of ULK that I have
received from you and inherited from others over the years.
Forming an actual study cell on this 14-man section of the pod is hit
and miss. The Security Threat Group Office has a very broad but vague
description of who and what constitutes an STG member/group. And this
being a highly militarized zone in central texa$ 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.
A religious equality complaint helping certain nature-based religions
fight discrimination
Racial segregation within the NDOC
The diet and food preparation/service
The grievance process
The NDOC STG policies
The access to the law library
The treatment of transexuals
My cellmate and I, aiding many individuals in the fights mentioned
above, as well as two separate complaints filed, one of which is for the
STG policies, are now facing blatant retaliation. We have been denied
access to the phone by unit pigs for almost 6 weeks despite regulation
which says we should have access once a day; we have been denied showers
and yard on multiple occasions; and our food portions have become so low
as to be obviously meant to starve us. And our cell has been searched
repeatedly with my communist materials being thrown away,
posters/fliers/literature being ripped off the wall and thrown away, and
all of our hobby craft being confiscated and disposed of. It has become
so bad that we both have such a belief that we are being set up that all
of our property is packed away and we are waiting to be moved to the
hole. This is all in response to grievances being filed. But as I
explained to the pigs in our last confrontation, no amount of harassment
will stop me from standing against them.
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.