The Voice of the Anti-Imperialist Movement from

Under Lock & Key

Got legal skills? Help out with writing letters to appeal censorship of MIM Distributors by prison staff. help out
[Campaigns] [Legal] [Georgia] [ULK Issue 42]
expand

Right to Assist Others with Legal Work

The Injustice System
To the comrade who wrote the article titled "South Carolina Stops Grievance Challenge Process" in ULK 33, I would like to commend you and provide ammo. You say the pigs move you around to different segregated dorms when they find out you are assisting other prisoners with their legal work. The clearly established right to assist others with legal work has been in place for over three decades in Corpus v. Estelle 551 F2d 68 (5th Cir 1977). Even though South Carolina is in the 4th Circuit, case law from the 5th Circuit can still be cited as a persuasive authority.

As for the problem of unprocessing your grievances, take a look at your prison's policies and see if they make reference to an offender grievance manual. They might have criteria for making a grievance unprocessed. Check and see if there is information on access to courts and if the manual has criteria with words such as what that administration "must," "will," or "shall" do before unprocessing the grievance. This is how you determine a "liberty interest," if the policy mandates any constitutional process due under the 4th or 14th Amendments.

Also look at these cases: Tool Sparashad v. Bureau of Prisons, 268 F3d 576, 585 (DC 2002) and Herron v. Harrison, 203 F3d 410-416 (6th Cir 2006) on matters concerning grievance and retaliation.

Teach as much as you know to others wanting and willing to learn, and keep on pushing comrade! Keep promoting use of the pen in legal warfare! Remember, winners never quit and quitters never win.

chain
[Campaigns] [Abuse] [Censorship] [Civil Liberties] [Download and Print] [Kansas]
expand

Downloadable Grievance Petition, Kansas

Kansas Grievance Petition
Click to Download PDF of Kansas Petition

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

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

Secretary of Corrections
Landon State Office Building
900 Jackson, 4th Floor
Topeka, KS 66612

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*
chain
[Download and Print] [Civil Liberties] [Censorship] [Abuse] [Campaigns] [South Carolina]
expand

Downloadable Grievance Petition, South Carolina

South Carolina Prisoner Grievance Petition
Click to Download PDF of
South Carolina Petition

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

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

Officer of General Counsel
PO Box 21787
Columbia SC 29221-1787

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*
chain
[Campaigns] [Smith State Prison] [Georgia]
expand

Georgia Joins Grievance Campaign

Dear MIM and all my brothers and sisters bonded by the ink of our pens. We must continue to fight for United Struggle from Within.

I have just initiated my discovery phase in my civil suit against the Warden on this plantation and its incompetent medical staff. I'm located at a level 5 security here in Georgia and as I read ULK I see that we are all faced with this new and improved SHU system. Same game, different name.

I'm on the Tier 2 program, a step down program which is a 260-day program, and I've been here 13 months today because I was caught with 2 cell phones. I've experienced medical neglect, deliberate indifference and cruel and unusual punishment for being caught with contraband.

I encourage the use of the grievance system but we all know it is worthless. Every grievance is denied without due investigation. I personally started a petition against the grievance system here for the inmates in SHU/Tier 2 which I've sent to MIM(Prisons) and joined the grievance campaign in my state.

I wrote this for exposure and to encourage all the readers here in Georgia to petition against your grievance system.


MIM(Prisons) responds: We now have a grievance petition for the state of Georgia, thanks to this comrade's work. Write to MIM(Prisons) for a copy of this petition to demand your grievances are addressed in Georgia.

chain
[Campaigns] [Legal] [California]
expand

Beyond the 602: California Administrative Mandate Petitions

I would like to encourage any prisoner who is abused in any way that is clearly counter to the regulations and department operational manual (DOM) to consider that upon exhausting the administrative process or even when it's obstructed there is another lawful way to force the CDCR prisoncrats to act on your complaint.

It's not as simple as the administrative 602 process and if you lack serious determination to force the issue don't waste your time. But it's called "administrative mandate" petitions you can file in the court. Now you can obtain basic instructions by writing the Prison Law Office and asking for "information on filing an administrative mandate" and/or buy the California state prisoners handbook which will explain to you how to force prisoncrats to follow their own rules and regulations.(1)

There is always the law library, which is the most powerful resource in the system for a prisoner who does not allow themselves to be mentally worn down. The adversarial system is just that, and prisoncrats and the CCPOA don't care about you but as a means to a pay check. This is not to belittle but encourage you to pursue lawful action if you have exhausted administrative remedies. You can sue easily in small claims where you do not have to have much legal knowledge (think of Judge Judy/Joe Brown/Matis, etc.). That's the simplest way to sue. But make sure you line your ducks up!

More complex methods of suing are available also if you are willing to do the work required seriously, as in "limited jurisdiction" and "unlimited jurisdiction" in the state courts; in addition to your ability to file in the federal jurisdiction. This is not easy, it is time consuming and it can be costly to you.

I would also consider writing complaints to the U.S. Department of Justice Civil Rights Division special litigation section if you are serious. The opposition makes use of all of its resources, I suggest you too use all of the resources you have. I am not anybody's attorney and this is not legal advice, I am simply stating the obvious so people do not lose heart. In most cases the picklesuits and prisoncrats allow the abuse of those they don't expect to offer a real challenge.


Notes: Code Civil Procedures ยง1094.5 Administrative mandate is used to inquire into validity of administrative orders or decisions (see also Eureka Teachers Assn v. Board of Education (1988) 199 Cal. App. 3d 358. 366. Woods v. Superior Court (1981) 28 CAL 3d 668.675 etc.)

chain
[Download and Print] [Civil Liberties] [Censorship] [Abuse] [Campaigns] [Texas]
expand

Downloadable Grievance Petition, Texas

Texas Petition
Click to Download PDF of Texas Petition

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

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

TDCJ Legal Affairs
Attn: Leonard Peck
P.O. Box 99
Huntsville, TC 77342-0099

TDCJ - Office of the Inspector General
Investigations Department
P.O. Box 4003
Huntsville, TX 77342-4003

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

State Bar of Texas Grievance Commission
1414 Colorado
Austin, TX 78701-1627

ACLU of Texas
William Harrell, Executive Director
P.O. Box 3629
Austin, TX 78764-3629

Committee on Criminal Justice
P.O. Box 12068
Capitol Station
Austin, TX 78711

Governor Greg Abbot
1100 San Jacinto
Austin, TX 78701

TX Civil Rights Project
Attn: Atty Scott Medlock
1405 Montopolis Dr.
Austin, TX 78741-3438

Brandi Grissom
Texas Tribune
823 Congress Ave., Suite 210
Austin, TX 78701

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

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

Petition updated September 2011, January 2012, July 2012, January 2013, October 2013, August 2014, October 2017, and March 2024

chain
[Campaigns] [Download and Print] [Abuse] [United Struggle from Within] [Oregon]
expand

Downloadable Grievance Petition, Oregon

Oregon Grievance Petition
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*

chain
[Campaigns] [Texas] [ULK Issue 39]
expand

Response to Texas Petitions Falling on Deaf Ears

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.

chain
[Campaigns] [Abuse] [Polunsky Unit] [Texas] [ULK Issue 39]
expand

Texas Petitions Fall on Deaf Ears, Need to Shift Campaign Target

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.

chain
[Control Units] [Campaigns] [California] [ULK Issue 39]
expand

California SHU Battle Part of Anti-Imperialist Struggle

"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.

chain