Under Lock & Key

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.

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. If there is a state-wide petition developed, that one should be used instead of the country-wide petition, because it is more detailed. For a list of state-wide petitions that have already been developed, click here.

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

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

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

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

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

this petition was first put up in December 2015

I filed a Step 1 grievance about the illegality of the restrictions on indigent correspondence. I cited Guajardo v. Estelle in my grievance. Below is the response I received from the Assistant Warden.

“The Unit Law Library operates in accordance with applicable policy. No action is warranted.” - J. Alvarez, Asst. Warden

The conditions continue to be much better here at Connally Unit in Kenedy, Texas since I filed that lawsuit on the recreation/lockdowns/food. But of course that could be reversed at any moment so I continue to push it and continue to use it as a tool to organize/mobilize the prisoners to take group action.

We are working on a mass grievance campaign at the moment, to follow up on some of the issues that are in the lawsuit but the administration hasn’t adequately addressed. It’s really pretty minor stuff, as the main thing was them cancelling rec every day, and they have stopped doing that. But I feel like you’re either moving forward or you’re going to move backwards, you know? And the real value in a group action like a mass grievance campaign is what it does to raise the consciousness of the group.

There is definitely a lot more interest since people here have seen that we CAN fight back. But the general consciousness level was so low here and the prisoners were so beat down and demoralized that it will take a LOT of work to develop any widespread activist mentality.

I’m going to enclose a copy of a form letter I typed up and sent out to about ten civil rights organizations already. It’s pretty self-explanatory. Just trying to get some more support on this lawsuit. And I know your funding is very limited plus you aren’t lawyers there, so you’re not going to be able to help directly. But I’m sending it on the off chance that someone there might know a lawyer with sympathies towards the cause who might be willing to do something.

Like I explain in the letter, we don’t necessarily need actual representation. This is a pretty straightforward case and they are going to want to settle at some point. Obviously they are – that’s why they immediately started running rec again once I filed it. They know the records are going to show they were just flat out lying about these so-called staff shortages. But with a lawyer putting additional pressure I think we will get better terms on any settlement and a settlement will happen quicker.

I want to get these improvements locked in with a legally binding written agreement asap so that I can move on to other projects. So if you do happen to know a lawyer or have any other ideas for what you might do with this letter, please keep our struggle here in mind, okay? Thanks.

MIM(Prisons) adds: The pdf linked to this article is a copy of the author’s letter ey sent to ten civil rights organizations. The letter outlines the conditions in Connally Unit regarding an egregious lack of recreation time and lack of adequate food. The author is asking for a lawyer to intervene in order to push the lawsuit to a quick settlement. If you are able to assist this struggle, please write to MIM(Prisons) and we will put you in touch with the leader of the suit.

He overcame so many obstacles with so few resources, and he gives me motivation and inspiration to overcome and succeed, although my difficulties are minor compared to his. He was a great man and an unsung hero of freedom fighting. He must have thought to himself that it was better to risk death and fight for his freedom, than to conform to the wishes of tyrannical beings.

He fought and won. So much was against him and yet his spirit refused to be broken. He knew how powerful words can be. He learned them and mastered them. And once he’d won, he didn’t let the realm of success lull him into complacency – a realm where many men venture and are swallowed, ending their reign of greatness. No, Frederick Douglass was a mossless stone; he never stagnated. Douglass continued pressing forward, not only bettering himself, but also bettering those he came in contact with and helping other oppressed individuals.

His written word will echo through the generations, inspiring thousands and perhaps millions. The American education system gives him only a cursory glance, then moves on to lies about founding fathers. Imagine if they lingered longer or more often on Frederick Douglass, and the valuable influence on those impressionable minds he would render. Frequently, I wonder about a stronger, less passive and more spirited generation. Like Frederick Douglass.

MIM(Prisons) adds: Frederick Douglass was born into slavery around 1818 in Maryland. Ey escaped slavery and went on to become a prolific writer, speaker, and newspaper publisher. Eir primary battles were against slavery and for wimmin’s right to vote. Douglass had a similar path to radicalization as many readers of ULK, even though ey lived almost two centuries ago.

Douglass was taught the alphabet at around 12 years old from eir slavemaster’s wife. Even though ey was discouraged from reading, sometimes with violence, Douglass continued to study and taught many others how to read as well. With the ability to read, Douglass became politicized through reading newspapers, which helped em develop into an internationally-acclaimed writer and speaker against slavery and oppression.

Even in the face of censorship and lack of programming, many U.$. prisoners build themselves and others up in the same way Douglass did. Present-day prisoners are not allowed to come together in a group to study, for “security threat concerns,” which parallels Douglass’s experience of having eir weekly literacy classes disbanded by the clubs and stones of slave owners. Nowdays, those who try to teach in spite of restrictions are locked in isolation toture cells.

Without good literacy skills, one can’t file a lawsuit, or write grievances, or understand the prison handbook, or read Under Lock & Key; get the picture? Various sources state that 60-70% of U.$. prisoners are functionally illiterate.(1) Illiteracy affects the majority of prisoners, and thus hinders the organization of the majority of our subscribers’ peers. Passing on an issue of ULK does little good if the recipient can’t understand it.

Statistics from the prisoncrats themselves state that prisoners have a 70% chance of recidivism if they get no help with their literacy, whereas prisoners who do receive literacy help have a 16% chance of recidivism.(2) We wonder, why aren’t there more programs for teaching reading comprehension and writing skills in prisons? It’s clearly a continuation of the same exact national oppression faced by Frederick Douglass’s generation.

That we are still having a conversation about building literacy among New Afrikans should give us a clue of the ineffectiveness of reformism and the necessity of complete communist revolution. After gaining state power, one of the first steps of this revolution will be to establish a joint dictatorship of the proletariat of the oppressed nations (JDPON), so that the most oppressed people in the world can dictate to those who have been oppressing others for centuries how society will be run. As was done in communist China under Mao, one of the primary functions of this dictatorship of the proletariat will be to build literacy at every single level of society, and especially among those who are furthest removed from the benefits of the economic system. One can’t fully participate in society’s development without literacy, and we need as many people as possible to participate.

We want to do as much as we can now to speed up the transition from capitalism to communism, and reading and writing are essential to this task. Building literacy also fits well into our immature Re-Lease on Life program, so those who are released can have a better chance of success and hopefully also a better chance of staying engaged in political work when on the outside. Even though MIM(Prisons) and United Struggle from Within are on a much smaller scale than a JDPON, or even a single nation-state, we can still contribute to this goal while we build for a society where advanced literacy is taught to everyone systematically.

Douglass is just one individual example of a larger social phenomenon: when higher education meets a lack of opportunity, it produces radicalization and objection to the status quo. We know there is much more we can do to increase the reading and writing skills of oppressed nation lumpen in U.$. prisons, and to foster this politicization. But since MIM(Prisons) can only reach people with written material, we need our comrades behind bars to do the work on the ground. Anyone who is already teaching others basic literacy skills should get in touch with MIM(Prisons) to help us develop this Serve the People program. If you already have a study group, try to think how you can expand it to teach literacy as well. Tell us what materials we can send you to help you teach reading and writing to others. It is one of the ways we can improve the material conditions of our fellow oppressed peoples, and one way we can uphold the legacy of Frederick Douglass.

I have an active case in the Federal Courts suing the Texas Department of Criminal Justice (TDCJ) for violation of BP-03.91 Uniform Offender Correspondence Rules, and the corrupt grievance system denying prisoners access to courts. I have filed a lawsuit under 42 USC Section 1983 against TDCJ.

If you would like to help me stop this corruption aimed at Texas prisoners, send any grievances, unsworn declarations, and other process documents you may have that can be used as evidence in the two above mentioned U.$. Constitutional violations to MIM(Prisons). Be sure to write “Dunham v. Wainwright, et al. Case No. 1:15-cv-1018-RP” on the top of each document. Your evidence will help prove deliberate indifference because it shows officials knew of the problems and failed to act. MIM(Prisons) will then forward your documents to the Court Clerk at Clerk Court, United States District Court, c/o Case no. 6:15 cv 869, 300 Willow Street, Suite 104, Beaumont, TX 77701-2217.

The Texas Attorney General handling this case for the defendants is Gloria Chandler, PO Box 12548, Capital Station, Austin, TX 78711. Please feel free to send her ALL of your complaints so that she may realize the wide range and depth of behavior and activities. I doubt she is receiving enough complaints at the present time. MIM(Prisons) will also be forwarding your complaints to the Attorney General, and be sure to again write “Dunham v. Livingston et al. Case No. 1:15-cv-1018-RP” on the top of your complaint.

Since filing this case, state employees’ actions under color of law has put me in fear for my life. I need your support so they know I am not in this alone.

Currently ISIS has a campaign where it is taking ground in the area of what is known as Iraq and Syria. In their campaign they are taking over key areas like airports, oil refineries, major roads or sea ports. By doing so they have obviously decided that each of these areas will lead to lightening their opposition’s hold on power and of eventually seizing power in that region of the world. Rather than focusing on overthrowing the Iraqi government outright or flooding Baghdad with troops and attacking the “Green Zone” (the U.S. base) outright, they have developed a campaign to take smaller steps which may lead up to seizing that area.

U.S. imperialism has been waging a campaign for total global influence in which they can act with impunity. They do this by setting up 1000+ bases around the world. And they coerce countries with economic embargoes, assassinations, coups and the installation of puppet governments. Blackmail is used from information that was illegally stolen off the internet or through U.$. spy agencies. Every bit of information they obtain buys them more influence, a step forward in their campaign of destruction.

USW Campaigns

Prisoners and former prisoners within the United Struggle from Within mass organization have also initiated a variety of campaigns which address our daily struggles. Every struggling people anywhere in the world needs campaigns to address their particular needs, and prisoners are no different. For us struggling prisoners there are certain forms of oppression which prevent us from developing politically or are outright neutralizing us so we must find ways to resist and overcome them, and campaigns ensure this.

Prisoners in California have the Agreement to End Hostilities which is one of our main campaigns at this time. The End to Hostilities is an essential step that needs to continue so that our goal of mobilizing the entire prison system becomes easier. We cannot mobilize people against a common enemy if they are wrapped up in fighting each other. Stopping the violence between prisoners allows us to begin to move forward for our real interests and combat our real threats. This campaign should also spread to other states, and it will. The Agreement to End Hostilities will spread state to state just like lumpen organizations themselves have spread.

A California campaign that is also country-wide is the struggle to abolish control units. Solitary confinement is another small step in a larger process. Control units are designed to destroy our most advanced cadre; it cannot be explained in any other way. So in my opinion the control units are ground zero for the struggles of the prison movement within U.$. borders today. If we cannot save our cadre in U.S. prisons it is a huge defeat. In order to mobilize the prison system for humyn rights struggles it would be a lot easier if most of the politically advanced prisoners were not sealed off in control units.

The grievance campaign is another way that we enable imprisoned people to work toward humyn rights so that they can continue to struggle on that revolutionary path. Things like the struggle for indigent envelopes which the comrades in Texas are raising is a part of our USW campaigns because if we are able to write letters we can struggle and join correspondence study groups and contribute to ULK so we cannot be limited by the state. Just because we may not be in Texas we still support those comrades because it is a USW campaign.

Our campaign in solidarity with Palestine was an exercise in USW flexing its internationalism. When a people are suffering from crimes against humynity, even the most brutal dungeon will not prevent acts of humynity. I think our solidarity with Palestine was also a sign of our anti-imperialism. We have our own struggles in each prison against brutality, solitary, medical care, etc. We have our distinct struggles for national liberation of our respective nations. At the same time we are anti-imperialists and we know that all of our oppression can be tied to U.S. imperialism. Imperialism extends oppression around the world and creates the circumstances where Third World people cannot survive in their home countries. These people often migrate to the metropole in search of sustenance, when not contained within militariazed walls.

Do Campaigns Teach the People?

Campaigns are absolutely educational. We learn from practice. When we partake in a campaign we not only realize what we can accomplish, but we also realize how to better coordinate our efforts.

The campaign does a couple of things, it allows us to battle our oppression while it teaches us different forms of struggle. We often learn new methods to struggle because of this. For example in a previous ULK I read about some comrades who, after struggling on different grievances, decided to create their own legal self-help organization.

From our campaign to raise awareness on the inside and outside the dungeons sprang the Strugglen Artists Association (SAA). The SAA is for artists to create revolutionary cultural works and for Propaganda Workers to bring these cultural contributions to the masses.

From our campaign to close the SHU sprang the statewide California hunger strikes. These actions helped to catch the eye of many within the white left who previously did not support the prison movement like some are starting to do now. From this publicity came various prisoner support groups and media struggles to assist our actions.

From these examples that I have listed came independent institutions. Our campaigns created these institutions of the people. They were created without the assistance of our oppressor enemy. It is hard to see these things develop without our campaigns, so as you can see the campaign creates even more opportunity to struggle and gives us momentum to continue on our road forward.

Take away the campaigns and we are left with nothing but isolated impulsive acts which get us nowhere but unorganized disarray. Campaigns direct our actions toward our greatest potential.

Our Goals in Campaigning

Our goal as anti-imperialists is a socialist revolution. But the more immediate goal of USW within U.$. prisons is to revolutionize the dungeons. This will take a series of actions, or to be specific it will take campaigns.

Prisons are merely one component of the state. But they are one of the most important components because it is within prisons where the most vital social forces are found. Prisons will produce the fiercest fighters in the future revolution.

The campaign is a military concept. In many ways it is a revolutionary war which awaits us because the oppressor will never hand over its power. According to Mao: “The revolutionary war is a war of the masses; it can be waged only by mobilizing the masses and relying on them.”(1)

Oppressed people will be victorious, and prisoners, once revolutionized, will ignite and charge the people. We have seen in hystory the power and raw force that ex-prisoners have infused into social justice movements within U.$. borders. The most advanced parties’ political organizations and movements of the internal semi-colonies were filled with ex-prisoners and lumpen, so it is this element which must be mobilized. The people must “go deeper,” as Lenin taught, to obtain the most revolutionary element which is less influenced by imperialism. Campaigns up! Conflicts down!

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.

Director April Wilkerson
Alaska Department of Corrections
PO Box 112000
Juneau, AK 99811-2000

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

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

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

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

PDF updated October 2017

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.

Commissioner, Georgia Department of Corrections
300 Patrol Road
Forsyth, GA 31029

Southern Center for Human Rights Law Offices
83 Poplar St. NW
Atlanta, GA 30303-2122

GDC Office of Internal Affairs, Investigation and Compliance
PO Box 1529
Forsyth, GA 31029

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

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

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

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

this petition was first put up in November 2014, updated October 2017