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.
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.
Click to download a PDF of the Oregon grievance petition
Mail the petition to your loved ones and comrades inside who are experiencing issues with the 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 below. Supporters should send letters on behalf of prisoners.
Director of the Oregon Department of Corrections (ODOC) 2575 Center Street Salem, OR 97301
U.S. Department of Justice - Civil Rights Division Special Litigation Section 950 Pennsylvania Ave, NW, PHB Washington DC 20530
Office of Inspector General HOTLINE PO Box 9778 Arlington, VA 22219
And send MIM(Prisons) copies of any responses you receive!
MIM(Prisons), USW PO Box 40799 San Francisco, CA 94140
*PDF updated May 2012, July 2012, July 2014, and October 2017*
I read over the letter from our Polunsky comrades. This is what I recommend. Often it helps to attach an I-60 with your Step 1 grievance and ask the Grievance Officer for the processing number of your grievance. If you have this number you will have a direct reference to track a grievance. This helps discourage grievances being "misplaced." It's also handy when you write Administration Review & Risk Management (ARRM) about the unit not addressing that particular grievance. For important and serious grievances it is useful to start them like this:
I file this grievance to exhaust all administrative remedies as required by the Prison Litigation Reform Act to bring forth action under section 1983 of Title 42 of the United States Code.
It basically says: I'm going to sue you! It's not a guarantee but such an intro may make the grievance officer take it more seriously.
In regards to the officers who confiscate personal property and then destroy them, I'd like to direct our comrades to the Texas Grievance Guide, in particular the part concerning filing criminal charges against officers. If an officer takes a prisoner's property without giving a confiscation form stating the reason for confiscation, then that is legally theft. It is also a violation of your civil right to due process (which is also a criminal offense). Of course you will need some kind of proof that the item existed and was taken. Get prisoners to write affidavits and reference any camera numbers (if there are any). The criminal charges may not stick because pigs don't eat pork, but it may give them a wake up call and make them think twice.
I agree that our grievance petitions are having no effect with the people we are currently sending them to. I feel it more beneficial to send them to ACLU Texas or the DOJ. Our grievances and complaints are systematically neglected and denied. It is an Orwellian system, a labyrinth of closed loops, a facade. We need to push for the TDCJ Independent Oversight Committee which will place our grievances before an unaffiliated organization with the ability to monitor TDCJ to ensure that it abides by statutory law and its own policy.
We shouldn't hope sending the grievance petition alone to the DOJ or ACLU is enough. We must promote and campaign this proposed bill to our freeworld friends and family. I see no other way to break these closed loops.
MIM(Prisons) responds: Write to us for a copy of the Texas Grievance Guide. While we agree with this comrade that a TDCJ Independent Oversight Committee would bring progress for Texas prisoners in their fight against abuse and injustice, this too is not enough. We must learn from history that reforms like this one are followed by DOJ tricks and adjustments to work around the new policies and continue the same old abuse and repression. While we should still fight for these reforms, and use the battle to educate and unite people both behind the bars and on the streets, we must do this in the context of the broader struggle against the criminal injustice system. We should never mislead people to think that one reform or one house bill will make the change we need to see to create a true system of justice.
We here on Polunsky Unit are receiving the ULK and copies of the grievance petition. We are engaged in the fight on a very small scale. Hundreds of petitions have been sent to the central grievance office, Administrative Review and Risk Management Division (ARRM), Executive Director of the Texas Department of Criminal Justice (TDCJ), and recently TDCJ Board Chairman Oliver Bell, but to no avail. Grievances are not submitted and grievance investigators claim to not have received them. Those that do get processed/submitted are not properly investigated and receive the standard response of "insufficient evidence to substantiate your allegation."
The KKKlantation Warden Gary Hunter is in collusion with grievance staff to trash/destroy any grievance/appeal that may get action if we proceed to the Step 2 level, that is if the Step 2 does not land in the hands of Regional Director Richard Alford who has been Assistant Warden and Head Warden on this KKKlantation within the 12 years that I've been here.
There is another struggle against Helen Sheffield (Sgt. of Safe Prison/Extortion). She confiscates personal property of offenders accused of extortion, running gambling businesses, stores, inappropriate relationships with female guards, etc., and destroys property if the offender refuses to snitch for her. This is all done under the watchful eye of Senior Warden Hunter and Assistant Warden Kenneth Hutto.
If any comrades in Texas can assist us in our fight against Sgt. Sheffield and her theft and unlawful destruction of offender property, please feel free to engage in this struggle.
To all comrades of USW in Texas, we must come up with a new direction to take this grievance campaign (new addresses, etc.) to send grievance petitions to because all the former names/addresses have failed us. My suggestion is the U.S. Department of Justice (DOJ) or ACLU Texas. We comrades on the Polunsky KKKlantation have chosen to forward our petitions to the DOJ.
"It shows that circumstances make men just as much as men make circumstances." - Karl Marx in the German ideology
Can we say that a new phenomenon is brewing behind these walls? We can all see the new level of political consciousness in California prisons, where prisoners are resisting the repressive policies of the California Department of Corrections and Rehabilitation (CDCR) in a more collective manner. Change has been slow, but progress is evident. The root of this is us prisoners with a little political and legal education to enlighten others and at the same time inspire others to participate in progressive action.
The California hunger strikes weren't spontaneous demonstrations against injust human rights violations in the Security Housing Units (SHUs), but rather carefully laid out plans to get outside attention and assistance. It was years of suppression that brought a few together to gather many in a common purpose that serves all of our interests. Some men are mentally broken while others carry on in these SHU conditions.
This is but a simple dialectic; or two sides of a contradiction forming a unity. On one hand we have those who deteriorate under these conditions and seek any way out, while on the other hand we have those prisoners who adapt and at the same time find ways to better themselves by educating themselves in law, reading good books, or picking up hobbies to keep themselves occupied. It is through these individuals who know the conditions in the SHU who are capable of creating campaigns for abolishing its policies, especially the gang validation policies that so many prisoners fall victim to.
Exposure and propaganda play a vital role on our behalf. This is where USW comrades come in, not just as advocates for human rights, but as advocates of an overall anti-imperialist campaign, as everything is connected to the imperialist system. The SHUs within CDCR are an aspect of imperialism, utilized for social control. And the oppressive conditions within are nothing more but to assert more social control behind prisons. It is through current events that this new phenomenon is manifesting a wave of politically conscious prisoners creating new circumstances. More validated prisoners are leaving the SHUs but more are taking their place. It is possible that one day through a collective effort the gang validation will be dismantled entirely and a SHU cap may be part of our future. I think it is.
The Texa$ Board of Criminal (in)Justice implemented new prisoner Correspondence Rules on 1 October 2013 restricting indigent prisoners to 5 one-ounce domestic letters per month. The previous policy allowed 5 letters per week. This is a clear attack on prisoners' access to the outside world, and in particular impacts politically active prisoners who use the mail to expose the brutality and abuse going on behind bars in Texas. In response to this new policy United Struggle from Within initiated a grievance campaign, organizing prisoners to appeal this restriction. Below are several new updates to the campaign:
Successful Grievance Against Limits on Legal Mail
From Hughes Unit: "I won my grievance due to interference from the department law library which deals with offenders who are indigent. They were saying five letters a month for everything and they were trying to stop my legal mail from going out to the courts. There is no limit on legal mail! They were also trying only to give us supplies like 25 sheets of paper, one pen, five envelopes a month. But an indigent offender who is doing legal work can have this once a week, and mail out as much legal work he or she wants."
One prisoner from Allred wrote Step 1 and Step 2 grievances requesting additional stamps. Because of his need to use his 5 indigent mail stamps to pursue legal research this prisoner was unable to write to family and friends and so requested additional stamps from the Warden. The first request prior to the grievances stated "I need to mail 5 more letters this month using indigent [mail]. ... This unit law library is giving me the run around having me write and ask everybody under the sun. They don't know about the 83rd Legislature House Bill 634 by Farias of Texas. It's the holidays, I need extra 5 letters this month." The response from the Warden: "That doesn't meet any legal requirement and I don't have the authority to allow you extra postage for that." Responses to his grievances following up on the Warden's denial included denying the Step 1 for "excessive attachments." The attachments were copies of his initial attempts to resolve the issue without filing a grievance.
Based on the victory from the prisoner in Hughes Unit, we encourage prisoners to appeal their access to stamps for legal mail separately from the restriction on personal mail.
Restrictions on Receipt of Stationary
A comrade in Eastham Unit reported: "Each year the big wigs running Texas prisons decide on what to take from the prisoners next. This year it involves indigent mail and stationary sent in from the outside. Prisoners who have no money on their trust fund account are able to receive supplies (paper, pen, envelopes) and send out letters through the indigent mail. Before this March prisoners could send out five letters a week, now it's just five letters a month... What's worse is that we're charged for indigent mail services. Whenever we get money on our account, the cost for every letter mailed and each supply is deducted.
"Prior to March our friends and family could have stationary from an outside store sent to us. This was eliminated, and now our only option is purchasing stationary from commissary, and paying their prices. Like any oppressor, TDCJ enjoys coming up with new ideas and ways to make life more difficult for their captors. There's strength in numbers. The more of us who write grievances, send letters to state politicians, and get the word out to our family and friends, the better chance we have of telling our oppressors that we're not going to take this lying down."
This comrade is right on about the strength in numbers. We have a number of prisoners across the state working on this campaign to end the restrictions on correspondence in Texas, and we've come up with a few key steps for prisoners and supporters to take.
Some jailhouse lawyers have created guides to fighting this injustice as well as a broader grievance guide for Texas, and we are seeing an influx of prisoners requesting these resources. We look forward to the results of this growing activism in this state with the largest prison population and one of the highest incarceration rates in the country.
For this indigent mail campaign in particular, we have a sample step 1 grievance for prisoners to use as well as a sample step 2 grievance for those whose step 1 is rejected. Write to us for a copy of the indigent mail campaign guide.
I recently wrote to you inquiring about how I can contribute to the struggle within, possibly by joining forces with USW. A few solid brothers and myself are in accordance with the 5 basic key principles/ideas that the United Front for Peace in Prisons represents. However, at Perry Correctional Institution (where I am currently confined), the consciousness is low amongst the masses due to the oppressor's effective psychological warfare tactics being enforced at all angles (fear, divide & conquer, rewards, isolation, etc.). This specific prison is designed to be the "breaking camp" for prisoners, where they train prisoners to be more "obedient" to further assist the oppressor's aim for control and financial advancement.
There are a lot of prisoner violations that occur at this plantation, but one in particular is the grievance system. South Carolina Department of Corrections (SCDC) has recently implemented a procedure where you must first submit a request form to the appropriate officer/supervisor attempting to informally resolve your issue. The officer is then provided 45 days to respond to your request, which most officers refuse to do. If you are lucky enough to receive a response, then you are given only 5 days, including weekends, to submit your grievance after your request form has been answered. Then to add insult to injury, many grievances are never returned and the grievance officials feign ignorance as to what happened to it.
The grievance process/system within South Carolina Department of Corruption is substandard and blatantly violates prisoners' constitutional rights. I am unsure whether South Carolina is covered by the grievance campaign or not, but we are definitely experiencing similar issues in our grievance process and I would like to join this campaign. Please keep me updated in the decisions or proposals for combatting the grievance system and let me know what is needed of me and my comrades here.
Also, please provide any material available which may assist me in awakening the masses of how to fight against the oppressor and how to unite on a common ground with individuals in different groups. I will strive to become a ULK Field Corespondent for South Carolina in the future, whatever I can do to assist the struggle.
MIM(Prisons) responds: We commend these comrades in South Carolina for coming together around the United Front for Peace principals and doing the work to identify the critical campaign needs in their prison. The grievance campaign is not yet active in South Carolina but we look forward to working with these folks to customize the grievance petition for that state and get the struggle moving forward there. To work on this campaign in your state, write to MIM(Prisons) for a copy of the petition, and if one does not exist for your state you can help by modifying the petition for use there.
Although the law says we can aid others (illiterate or unskilled) on appeals and legal work, we can no longer legally pass papers "cell to cell," so now we can only help others verbally. (Thanks to Assistant Warden Robertson).
In addition, the 2011 CDCR rules limit all grievance appeals to one single issue appeal per 14 days. If we "Abuse" this abuse of our 1st amendment right to file grievances on the government, it is cut to one per 30 days. When I got here (in 1983) it was 2 appeals per week (104/year). Then cut to 1 per week (52/year), then 1/2 per week and 1/30 days if you exercise your 1st amendment rights. I'm on my second year of the limit to 1 per 30 days because of my work exercising my legal rights.
I'm fighting this under 42 USC 1983. "Judge" Rogers keeps stalling but I got her sleazy and false dismissal reversed.
UPDATE February 2016: This case has entered court as Clark v. Jeffrey Beard CV-11-03520. The comrade fighting this has reported that Judge Rogers has thrown out all testimony from M.L. Davis (Appeal boss of San Quentin) on 4 perjuries and 1 faked document, Davis has since retired to keep his pension rather than be fired.
MIM(Prisons) adds: This limit on grievance appeals is a blatant example of the Amerikan criminal injustice system restricting prisoner's legal rights. Grievances are one of the only opportunities for prisoners to fight abuse and illegal policies and restrictions. Often these grievances are ignored or "lost". Because of these practices, and restrictions like the ones described here, United Struggle from Within initiated the grievance campaign, first in California and now in ten states across the country, with petitions for these states that prisoner's can use to demand our grievances be addressed. Write to us for a copy of the petition for your state, or to help create one if you do not live in a state where this has already been done.
Each year the big wigs running Texas prisons decide on what to take from the prisoners next. This year it involves indigent mail and stationary sent in from the outside. Prisoners who have no money on their trust fund account are able to receive supplies (paper, pen, envelopes) and send out letters through the indigent mail. Before this March prisoners could send out five letters a week, now it's just five letters a month. Going from twenty to just five letters a month shows how indifferent and uncaring towards our family members and friends the prison administration really is. What's worse is that we're charged for indigent mail services. Whenever we get money on our account, the cost for every letter mailed and each supply is deducted.
Prior to this March our friends and family could have stationary from an outside store sent to us. This was eliminated, and now our only option is purchasing stationary from commissary, and paying their prices. Like any oppressor, TDCJ enjoys coming up with new ideas and ways to make life more difficult for their captors. There's strength in numbers. The more of us who write grievances, send letters to state politicians, and get the word out to our family and friends, the better chance we have of telling our oppressors that we're not going to take this lying down.
MIM(Prisons) adds: This comrade is right on about the strength in numbers. We have a number of prisoners across the state working on this campaign to end the restrictions on correspondence in Texas, and we've come up with a few key steps for prisoners and supporters to take.
Some jailhouse lawyers have created guides to fighting this injustice as well as a broader grievance guide for Texas, and we are seeing an influx of prisoners requesting these resources. We look forward to the results of this growing activism in this state with the largest prison population and one of the highest incarceration rates in the country.
When a prisoner writes the TDCJ Executive Director it will always be forwarded to the Ombudsman. They (Ombud) will always reply that they do not respond to prisoner complaints and that the grievance procedures should be followed. It's a "closed loop" to prisoners.
The Call to Action that I wrote which included the contacts were primarily for our family and friends to put pressure on authorities so that our grievances are more effective - eg. our families should contact the Executive Director and Ombudsman to file an official complaint about the policy change.
I got my Step 2 back around November and I sent it to the Texas Civil Rights Project to see if they would be interested in representing this issue in a lawsuit. I am yet to get a response from the Texas Civil Rights Project. It could be worth while if someone could contact them (TCRP) about this issue to prompt a response to my correspondence to them as I know they get piles of mail every week.
We not only need to file grievances but also strongly encourage our freeworld friends and family to contact all the contacts on the Call to Action to put a lot of pressure on the Texas Board of Criminal Justice to repeal the policy.
I believe it is futile to send the Texas Grievance Petition to the Executive Director because of the closed loop with the correspondence being forwarded to the Ombudsman. It could be worthwhile for freeworld people to send a version of the petition to the Exec Dir but I think prisoners need to start directing the petition to someone else.
I also want to mention that this mail restriction should not affect legal/privileged correspondence - prisoners should still be able to send 5 per week.
MIM(Prisons) responds: We received information from another prisoner on this same issue:
Comrades in Texas, do not send your petitions to the Executive Director or Central Grievance office because they are not working in our favor. They only forward the petitions to departments that don't address these issues, who contacted me and said "address this grievance related issues on a unit level with the grievance investigators."
We on the Polunsky plantations are sending our petitions to: ARRM Division, Administrator, PO Box 99, Huntsville, TX 77342-0099. I suggest that all Texas prisoners do the same so that we will be in solidarity. Let's flood their office with our complaints. If this doesn't work we will flood the DOJ in Washington DC. Let's work in solidarity!
We agree with these comrades' recommendations that prisoners focus sending their grievances to somewhere other than the Executive Director. We suggest the following addresses:
ARRM Division, Administrator PO Box 99 Huntsville, TX 77342-0099
Senator John Whitmire PO Box 12068, Capitol Station Austin, TX 78711
Oliver Bell Chairman of the Texas Board of Criminal Justice PO Box 13084 Austin, TX 78711-3084
We also now have a sample Step 2 grievance available to those who had their Step 1 on this issue rejected. Write to us if you need a copy of this.
We know this campaign is not going to change the criminal injustice system in any significant way. But restrictions on mail access is equivalent to cutting many people off from the outside world. And for those who are engaged in educational and organizing work, this is a significant problem. For this reason, focusing a campaign on restrictions on indigent correspondence is important to our broader organizing work.
