Under Lock & Key

In February I was taken to Captain Schwartz’s office where he confronted me about writing grievances. I was then locked up, had 5 Disciplinary Reports (DRs) falsified on me, received 210 days of confinement time and lost 150 days gain time. After having been placed in the cell with a prisoner who had written a grievance on the warden for chewing tobacco in a state building, we were illegally gassed twice, made to sleep on raw steel for three days and nights with nothing but a pair of boxer shorts on, and then placed on a loaf diet for 7 days.

This is the second time that I’ve been under attack at this institution for exercising my first amendment right to write grievances and both times they started with the same captain and both times the Warden, Colonel, and Central Office of Appeal have backed him up. I have been under attack at two other institutions in the past for writing grievances and both times Central Office knowingly and willfully allowed me to be illegally sent to Close Management (CM) [Editor: term for isolation/control units in Florida].

I have high blood pressure and I suffer from asthma and I am not supposed to be gassed. When he gassed us the first time, I tried to tell him about my medical condition and when he saw me throwing up blood and blood running out my nose, he immediately gassed us again. Out of fear for my life, I have not eaten but two selective meals to stay mentally alert since February 22, 2011.

During this time, I was placed in the cell with another prisoner and he was threatened to be gassed and have DRs falsified on him because he refused to take my tray in the cell so it would look as though I was eating to the camera. Finally, an officer just threw a meal tray in the cell and wrote down that I ate that meal. I am definitely not going to let them get away with what they have done to me and are still doing to me. I would appreciate any help you may be able to give me and I would also like to start receiving your newsletter. I just received notice that they are trying to send me back to CM.

MIM(Prisons) responds: Because of the failure of the grievance process in prisons across the country, we have initiated a grievance campaign. If you are in Missouri, Oklahoma, Texas and California write to us to get copies of the petition and letter for your state, or if you are in another state write for a generic petition that you can modify for use in your state.

Beanies/caps have been provided for all prisoners in Administrative Segregation D-yard and Z-unit here. Strip searches will be indoors only (cells and showers) when it’s 50 degrees or lower.

Due to the petitions sent to internal affairs and the ombudsman about the violations of the 602 appeal process that were taking place here in High Desert, an investigation was initiated by the main office of CDCR. All those who sent said petitions were interviewed here in Z-unit by an investigator for Internal Affairs and if my memory serves me correctly the secretary of CDCR.

These “suits” asked about the ongoing issues taking place here in Z-unit particularly, and High Desert in general. Some complaints were the need for warming wealth gear, the 602 process, TVs, cleaning supplies, access to the law library, transfers for validated inmates and those going to SHUs and mainlines, unjustified validations, and more.

The results of these interviews as well as the hard work of MIM(Prisons) and all comrades involved has bore fruit. Although we are used to these charlatans giving us better drag than an eloquent speaking pimp the following was granted: instead of having an “informal level,” the 602 form goes directly to the appeals coordinator making it harder for him/her to screen us out unjustly. Also a new “Form 22” has been provided so that our requests may be answered in a timely fashion by COs, with a receipt. Now we have a clearer paper trail to use should K9s decide to implement their underground rules. Attached with this letter are the notices the administration passed out to us here in Z-unit.

Beanies were provided but no gloves. And as I write this, shelves and necessary wiring are being installed in one of these sections/tiers here in the zoo. The K9s cleared out one whole section in order to start the renovation on February 7 2011.

Although some requests were granted we should all reflect on this whole situation and take from it an important point that a challenge to this penal system in solidarity should constantly and consistently be pressed in order to receive our rights, while at the same time keeping our sights on abolishing this human warehouse that only benefits this corrupt capitalist system and nothing else.

I am writing to you concerning a lawsuit which my defense team members are currently preparing on my behalf. It protests my false prison gang validation as an associate of the Black Guerrilla Family on December 31, 2009.

It is my position that this validation is solely motivated by retaliation and racial profiling due to my ongoing campaign to stamp out corruption involving some “Green Wall” correctional staff within the California Department of Corrections and Rehabilitation (CDCR) who are currently engaged in organized crime, which is a clear threat to the safety and security of all CDCR institutions.

I was recently responsible for disciplinary and employee discharges against three corrupted CDCR prison staff at California State prison - Sacramento, Salinas Valley State Prison, and High Desert State Prison.

Since my false prison gang process, me and my defense have come across strong evidence. Some corrupted “Green Wall” staff are very prejudiced and racist, sanctioning use of the false validation process for some Black, Brown and white prisoners, to pursue false prison gang investigations. Many prisoners have strong evidence of being wrongfully validated for reading materials on their culture. Institutional Gang Investigators have taken a race-based shortcut and assume anything to do with African or Mexican culture can be banned under the guise of controlling gang activities.

Any California prisoners who have relevant information on the false prison gang process should write to MIM(Prisons), to get involved in this case.

My purpose of this lawsuit is to shed light on this abuse of power and human rights violations, including torture tactics through criminal activities and organized crime.

Mail the petition to your loved ones and comrades in High Desert State Prison’s Z-Unit (administrative segregation) who are experiencing brutality and cruel living conditions. Send them extra copies to share! For more information 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.

Prison Law Office
General Delivery
San Quentin, CA 94964

Internal Affairs CDCR
10111 Old Placerville Rd, Ste 200
Sacramento, CA 95872

CDCR Office of Ombudsman
1515 S Street, Room 540 N
Sacramento, CA 95811

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

Mail the petition to your loved ones 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.

Warden
(specific to your facility)

Oklahoma State Jail Inspector, Don Garrison
1000 N.E. 10th St.,
Oklahoma City, Oklahoma 73117-1299

ODOC Office of Internal Affairs
Oklahoma City Office
3400 Martin Luther King Avenue
Oklahoma City, Oklahoma 73111-4298

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

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

Oklahoma Citizens United for Rehabilitation of Errants
(OK-CURE)
P.O. Box 9741
Tulsa, OK 74157-0741

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

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

Petition updated July 2012, October 2017

Mail the petition to your loved ones and comrades inside who are experiencing issues with the grievance procedure or censorship of music and literature. 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.

Tom Clements, Director of Adult Institutions
P.O. Box 236
Jefferson City, MO 65101

Chris Pickering, Inspector General (MO DOC)
P.O. Box 236
Jefferson City, MO 65101

U.S. Department of Justice
PhB 950 Pennsylvania Ave, N.W.
Washington, D.C. 20530

Marianne Atwell, Director of Offender Rehabilitative Services (Missouri)
P.O. Box 236
Jerrerson City, MO 65101

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

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

On 19 January 2011 High Desert State Prison (HDSP) was visited by administrators from the headquarters of the California Department of Corrections and Rehabilitation (CDCR) in Sacramento, as well as the inspector general. These administrators finally listened to the many complaints from prisoners and outside advocacy groups and started an investigation into the corrupt policies and actions in place here at HDSP. In this struggle, MIM(Prisons) was instrumental in sending us petitions to submit regarding the appeals process.

This investigation had two parts. It was carried out by several administrators and started in the morning and continued into the early evening. Several prisoners were interviewed, some once, while others twice. I was one of those who was interviewed twice, first by a Correctional Counselor II from headquarters. We discussed the appeals process here at HDSP. During this interview we mostly talked about how our appeals are continuously screened out, denied, lost or simply ignored. The interviewer asked meaningful and intelligent questions and took detailed notes, and he appeared surprised by the lack of meaningful access to the appeals process. This interview only lasted between 10 and 15 minutes.

Later that same day, at around 5:45 p.m., I was again taken from my cell for an interview. This time it was with a captain from headquarters (Sacramento) and the inspector general. During this interview I was told that they, Sacramento CDCR Headquarters, were doing these interviews due to the pressure and complaints coming into Sacramento from prisoners, advocacy groups, and prisoners’ families. They said they were simply conducting fact-finding interviews. This interview was more in-depth than the morning interview. We discussed a wide range of topics during the interview from the mass validations of the northern Hispanics on 4 August 2009, the poor conditions here in Z-unit (administrative segregation), to the many violations of our constitutional rights. Again the interviewers asked many valid questions and took notes, giving the appearance of taking things seriously. I did not buy into the act.

During this meeting they showed me copies of petitions I had mailed out which included the MIM(Prisons) grievance petition. I don’t know if this is going to make any difference because I think (and hopefully I’m wrong) this was only a smoke and mirror show to attempt to pacify those of us who are fighting against these corrupt and unjust policies. But only time will tell how big a victory this truly was, because it was a victory!

I seriously doubt anything comes of this so-called investigation that is a significant improvement to the quality of life for us here in the zoo (Z-Unit). The reason I think this is the day after the Sacramento officials left HDSP, staff on Z-Unit started their retaliation. They cut our food portions almost in half, and the law library was denied to those of us who are Priority Library Users and have court deadlines. So I expect things will go back to normal in a week or two. Its the same every time anyone visits up here. One of the Sgts did say that they are totally redesigning the entire appeals process and we did get beanies (to protect us from the cold on the yard).

However this is not enough, we cannot afford to be satisfied with this token gesture of a beanie and some promises. No, we must continue to fight and put the pressure on HDSP until we are given all of our rights as well as everything we are entitled to by law and common human decency.

MIM(Prisons) adds: Contact us for more information about the campaign to end the Z-Unit Zoo, and the grievance campaign which is active in multiple states. If there are problems with the grievance system where you’re at, spread it to yours!

On the issue of the Grievance Campaign (page 8, ULK16), first off, we are Alaska DOC prisoners at a Cornell Company corrections facility, which GEO Group (formerly Wakenhut Corrections) just bought into. The grievance system at this private for profit facility is a total farce. The grievance coordinator, as with most other employees at this corrupt facility, is totally untrained. His name is Rob Marseden, and he has no clue of the Alaska DOC policies and procedures, ACA standards, etc.

If the grievance is replied to at all, it is not in the specified time frame and is always devoid of merit and factually incredible. All grievances are frivolous, according to the corrupt facility heads, Rick Veach Superintendent, and his two cronies Williams and Vineyard. So yes, we have an extreme problem with the grievance system at this totally corrupt and illegally operated facility.

I am in the SHU MOD due to a confrontation with a Cornell employee in May. I am denied the grievance system by the corrupt superintendent, who claims I filed too many grievances over staff misconduct, the garbage served as food, which is in non-compliance, and medical.

MIM(Prisons) responds:
This is just one of many letters we get from prisoners across the country who can not use the administrative system of grievances to address wrongdoings by the criminal injustice system. Without being able to show a process of internal grieving, prisoners in the U.$. are not allowed access to the external courts to plead their case either. This pattern underlines the need for independent institutions of the oppressed to fight for basic humyn rights.

We are campaigning to get grievances effectively addressed, and to expose the corruption and oppression going on behind bars. Contact us for more information and to get a copy of the petition to join an existing campaign or to start organizing in your state.

Our comrade imprisoned in Arizona appealed this decision, and MIM(Prisons) wrote to the prison administration to request an explanation as to how this study group assignment could “promote racism and/or religious oppression” without even mentioning races, nationalities, or religions:

“It is truly fascinating that your mailroom staff could find the promotion of racism and/or religious oppression in this document. Nowhere in the letter are the following words even mentioned: religious, religion, christian, muslim, baptist, KKK, white, mexican, latino, asian or arab. The word”black” is written once in the context of a reference to the Black Panther Party’s education programs. How can you even talk about religion or race enough to speak against it if you don’t use any of the above mentioned words?” - MIM Distributors, Legal Assistant

No attempt has ever been made by Arizona Department of Corrections (ADC) administration to address this point. ADC General Counsel Karyn Klausner offered her opinion: “I have reviewed the materials sent by MIM Distributors and find the decision to exclude the publication due to content ‘promoting racism and/or religious oppression,’ was appropriate.” She gave no explanation of how she came to the conclusion that it was an “appropriate” violation of Constitutionally protected rights. In a later letter Ms. Klausner clarified that with this statement she didn’t mean she was “upholding” the censorship in her official capacity as General Counsel of the Office of the Director of ADC, just that she agreed with it on a persynal level.

Instead of explaining how the study group mailing in any way promotes racism and/or religious oppression, ADC administrators then began to rely on their policy of violating MIM Distributors’ First Amendment right to free speech and association to censor this study group assignment:

“There is nothing in case law that gives rise to a publisher’s right to appeal a decision to exclude its material on an administrative appeal level. . . You are not entitled to a forum within the prison system.” - ADC Director, Charles Ryan

Director Ryan clearly had not investigated the matter on the prisoner’s end either. He claimed that our imprisoned comrade had not appealed the decision to censor, yet s/he had, on multiple levels, and submitted requests for the results of these appeals.

“You claim that MIM Distributors has no rights to appeal the censorship of their mail. While we are not lawyers, and may have put too much weight on the Procunier case, we still uphold that we have First and Fourteenth Amendment rights according to federal law. As employees of the state you may not deny anyone their rights to free speech and association arbitrarily and without due process. In fact, if you read Thornburgh v. Abbot, 490 U.S. 401, which you referred [COLLEAGUE] to, you will see that its procedural protection was provided because the publisher was notified of the censorship and given the right to independent review. A number of U.S. Court of Appeals decisions have upheld the right of the publisher in such instances (Montcalm Publ’g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), Trudeau v. Wyrick, 713 F.2d 1360, 1366 (8th Cir.1983), Martin v. Kelley, 803 F.2d 236, 243-44 (6th Cir.1986) ).” - MIM Distributors, Legal Assistant

And ADC’s response?

“You assert that ‘MIM Distributors’ First Amendment right to free speech’ is not being respected. The Arizona Department of Corrections is obligated to respect, within the confines of legitimate penological interests, an inmate’s constitutional rights. It does not follow that ADC is likewise obliged to do the same for an independent distributor such as MIM.” - General Counsel, Karyn Klausner

It is apparent that the ADC believes themselves to be exempt from the legal straitjacket of the United $tates Constitution, which they don’t see as having an application in the 10th Circuit. This isn’t surprising coming from an institution whose administrators believe that one can promote racial and/or religious repression without ever talking about race or religion!

Amerikans like to pretend they hold no political prisoners, yet political repression is an integral part of the U.$. injustice system at every step. In our struggle for a world without oppression, MIM(Prisons) works to build public opinion for national liberation struggles amongst prisoners through our newsletter Under Lock & Key, our free books for prisoners program, and our study groups. Within prisons, there are two primary ways in which the state enacts political repression: through physical torture techniques such as solitary confinement, forced drugging, beatings, starvation and murder; and through the control of the spread of ideas, which also includes solitary confinement as well as the censorship of mail, and outlawing oppressed nation organizations.

In pre-fascist Amerika, we are still promised certain rights under United $tates laws. While we recognize that U.$. law will never lead us to communism (a world without oppression), we still need to fight for more room to organize and educate for revolution. Fighting against the censorship of revolutionary literature is vital to maintaining the connection between the inside and out, which may make the difference between being turned on to communism or not for many people. For those already turned on, we need to fight against censorship so that we can continue to build our revolutionary understanding.

Like a MIM Distributors Legal Assistant mentioned above, we are not lawyers. We do what we can to protect our Constitutional rights from the outside with the resources we have, and we rely on prisoners to fight to maintain their rights from the inside. If there is a lawyer who wants to get involved with this specific incident in Arizona, or with anti-censorship work in general, get in touch!

You can browse incidents of censorship here.

Determining who to write to regarding a specific issue is a tactical question. One day it may be most important to write to the Director of Corrections, the other it may be the Office of the Inspector General. We make tactical decisions based on our conditions at the time. In this circumstance, participants in the campaign to end the Z-Unit Zoo were bringing this issue to many government bodies, including the Director of Corrections and the Inspector General.

In this response from the office of the Division of Adult Institutions, A. Redding advises the participant to exhaust the appeals process. Clearly in the petition, it says that many grievances have been filed and none have been answered. This response is a good example of how inhumane conditions and abuse can hide behind the bureaucracy of the state under capitalism.