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[Censorship] [Digital Mail] [Legal] [Texas]
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Updated Info on TX Lawsuit re: Digitalized Mail

Dear UL&K Editor & Staff,

When i originally wrote to you regarding my lawsuit on the digitalized mail, i had NOT yet been assigned a case no. i have one now:

Case No. 2:23-CV-00269
James Logan Diez v. TDCJ-CID
United States District Court
Southern District of Texas
Corpus Christi Division

Address of Court:
Clerk @ 1133 N. Shoreline Blvd.
Corpus Christi, TX 78401

Plaintiff’s Address (for Attorneys, Legal Aid, or Organizations)
James Logan Diez
2399291 McConnell Unit
3001 S. Emily Dr.
Beeville, TX 78102
  • Prisoners are NOT allowed to correspond with Plaintiff. ALL other INDIVIDUALS may write to Plaintiff using the name, #, and Unit, with:
P.O. Box 660400
Dallas, TX 75266-0400

WARNING Any fellow Texas Prisoner who wants to seek to join this suit as a Defendant WILL be required by the Court to pay applicable fees and court costs – so, don’t put your foot in the pond if you aren’t prepared to swim.

Again – as the Plaintiff – i am extending an open invitation to any Attorneys, Investigators, Paralegals, Researchers, Legal Aid Groups, or Sponsors who would like to offer assistance with this litigation.

  • ALL pleadings filed to date should be available for viewing/downloading on the Court’s public website.

With appreciation for ANY assistance extended into my hand – have a great day and Blessed be.

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[Civil Liberties] [Censorship] [ULK Issue 83]
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TDCJ Joins List of States Using Digital Mail to Disrupt and Surveil Communications

As previously predicted by myself and various others within the prison movement, the trend around the nation’s prisons towards intrusive digital mail policies has now officially made its way to Texas state prisons, the biggest prison system in the country.

According to a public service announcement released by TDCJ on 7 July 2023, beginning on 17 Jul 2023, units will no longer accept general correspondence. Instead general mail must be sent to the digital processing plant at:

TDCJ [inmates full first and last name] + number
P.O. Box 660400
Dallas, TX 75266-0400

The public and official justification for this move towards more intense surveillance of the mail is the current drug epidemic within TDCJ. Each incarcerated persyn reading this and many out in the public have direct experience with the effects of this sad daily occurrence of overdoses, drug induced suicides, the drama daily instigating violence and intimidation amongst people in prison, the walking zombies, the toon attacks. the loss of morals and character to drug addiction. We can not act as if this isn’t occurring, and it is not my intent to justify these occurrences within this writing. However, my intention is to state that the states’ official justification (the drug epidemic) isn’t sincere.

The new policy doesn’t come as a shock to many of us. Frankly, for most of this decade prison departments across the United $tates have been doing the same thing utilizing the same justification (inmates getting drugs through the mail). The courts for their part have upheld these intrusive policies, under the pretext that departments provide alternatives for receiving mail, books, and other functions of prison life.

The sincerity of the state’s justification must be questioned due to their own actions. The daily inattentiveness regarding drug culture exhibited by the staff allows the epidemic to function. Daily, every staff member from wardens to the lowest officer on the totem pole can see, smell, or otherwise experience the elements of the drug epidemic within each TDCJ unit.(1) Most times, officers and staff look the other way for various reasons. For their own safety and security while doing a potentially dangerous job certainly is one of them, and another is certainly that officers and staff, to a very large degree prefer an intoxicated prison population. I’m not speaking about the executive branch of the agency. The people in business suits are not in tune with the attitudes and mindsets of the employees on the ground. If they were, they would know what each inmate does through observation. Prison officials choose the lesser of two evils, feeling that the drugs act as sedatives and will calm tensions within the prison which is somewhat true.(2) They opt for this instead of the contrary largely sober-minded prisoner which is more often than not harder to control.

Furthermore, TDCJ officials have banned programs and materials that would otherwise play a positive role in the fight against addiction.(3) The Revolutionary 12 Step Program by MIM(Prisons) being only one of them.

The policy will allow legal, media, and subscription mails to still come to the unit. All other mails will be received at the warehouse or will be returned to sender. This policy extends the distance between families and their imprisoned loved ones, straining relationships on top of the genocidal sentences a lot of us are serving in TDCJ and around the country. These police-state policies are helping to destroy our families.

And for those of us within the prison movement, how does this policy affect us and those on the outside who support us? I propose that organizations develop communication funds which will go to alternative communication lines. These funds would be invested towards proven cadres who can make their individual work spread amongst the people. These new communication lines would be autonomous and clandestinely utilized to forward serious organizing work.

As the state continues to clamp down on illusionary elements of democracy, we must organize ways around their various intrusive sanctions while developing the capacity to reconstruct the power relations of this society.

The time has come to liberate Our political prisoners. There have been decades of conversation, of litigation, and other passive acts of resistance with little to no results.

GENOCIDE! This policy perfectly depicts how the health and future of Our families and as a result Our peoples is at stake, under attack and reeling.

Courts have thus far upheld similar policies elsewhere. Saying that realistic penological interests are being met, as prisons use the pretext of the current drug epidemic as the reason for this policy, and the courts further assert that prisons are offering a viable alternative (the tablets).

The first units that will experience this policy are: Allred, Coffield, Polunsky, Powledge, Plane, Garza West, Clements, Halbert, Robertson, and East Texas ISF, with more to follow in the following weeks, according to the public service announcement.


MIM(Prisons) adds: As soon as this policy was implemented, the attacks on prisoner communication have started. A prisoner in Stiles Unit in Texas reported on 25 July 2023:

“We were recently given tablets and our e-messaging, phone through the tablet. I’m on Ad-Seg, in Restrictive Housing (RHU). On 10 July 2023, my wifi and e-messaging, as well as my phone were taken from me for no reason. According to TDCJ, all mail will be digital now, since 17 July 2023. But certain people were taken by surprise to wake up with none of our mail or phone. Without any explanation. We have been asking and sending I-60’s grievances about this, but still no one will give us an explanation. What can I do?”

The comrade asks if the censorship rules mentioned on the first page of ULK would apply to this situation. And it’s a good question. These prisoners mail is effectively being censored, so it would seem so. But we are not lawyers. And it is likely that this would need to be tested via the courts.

Some prisons in Texas, like Polunsky and Allred Units, are just returning to sender all mail from MIM Distributors sent to the prison, including media which according to the rules is supposed to be sent there.

Another problem comrades are facing is when we send them forms in the mail, they cannot print them or fill them out, because they are only given to them in a tablet.

As a comrade in Virginia wrote in ULK 76:

“This U.S. Supreme Court ruling and prison policies of surveillance and censorship listed above reveals that the fascist and repressive nature of prisons extend beyond these prison walls and adversely impacts those of you in the community. This should give human and civil rights activists, including our loved ones, additional motivation to work in solidarity with incarcerated freedom fighters to challenge these Constitutional violations via civil litigation.”(4)

Notes:
1. A Texas Prisoner, November 2017, “Epidemic of K2 Overdoses at Estelle, Throughout Texas”, Under Lock & Key 59.
2. A Texas Prisoner, March 2021, “TDCJ: Your Staff are Bringing in the Drugs, and it Must Stop”, Under Lock & Key 73.
3. MIM(Prisons), June 2022, “FL, TX Censor Revolutionary 12 Steps Program”, Under Lock & Key 78.
4. A Virginia Prisoner, January 2022, “A Strategic Objective to Disrupt and Surveil the Communication Between Prisoners and Our Loved Ones”, Under Lock & Key 76.

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[Gender] [Censorship] [Civil Liberties] [Eastern Kentucky Correctional Complex] [Kentucky] [ULK Issue 82]
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Promotion of Homosexuality within the Kentucky Department of Corrections

First allow me to say that I am in no way homophobic and hold no bias nor any prejudice toward gay, bisexual, lesbian, transgender, or queer people. However, I find it inhumane that, while men can flaunt themselves around in thongs, booty shorts, leggings, mascara, eyeliner, makeup, and sports bras, I am being denied pictures of my fiance because she is wearing those exact same things. The woman who has dedicated her life to me, stands by my side through the trials and tribulations, who has weathered the storm, someone who I am going to wed.

I have been denied pictures of my fiance on vacation in a bathing suit because they were “sexually explicit” but in turn a gay man can receive pictures of another man in boxers? I am restricted from receiving pictures of my fiance in boy shorts or leggings while men walk freely past the guards and Warden wearing those and everything is fine.

The Kentucky Department of Corrections Penitentiary System encourages homosexuality while banning intimacy with your loved one. Your visitor is not permitted to wear a dress, shorts, leggings, or tight jeans on a visit, meanwhile transgender people are encouraged to receive hormone shots to grow breasts, walking hand-in-hand around the loop with another man. In the Kentucky Department of Corrections Penitentiary System homosexuality is forced upon the heterosexual inmates where men can lay in a cell with another man in their arms, but magazines such as “Idore”, “Spicy”, “Straight Stuntin”, “King”, “Phat Puffs”, or “Sultry” are not available or restricted to purchase. Magazines with women in clothes like two piece swim suits are restricted. But why? Because they are women, or because they are what, real women?

How do you combat a whole state, let alone a prison, where the Warden is promoting homosexuality? (Eastern Kentucky Correctional Complex, Warden J. David Green).

I am not concerned as to what other inmates choose to indulge in, I just want to be able to receive pictures of my future wife in her boyshorts, leggings, in her intimate state, to help with my sexual release and soothe my mind, to escape, but instead I am subjected to cruel and unusual punishment and the promotion of homosexuality within the Kentucky Department of Corrections Penitentiary System.


MIM(Prisons) responds: We agree that the Kentucky DOC is being intentionally cruel in its biased enforcement of rules around sexually explicit materials. This is happening in a number of states, including Texas where at the same time some prisoners are being forced to watch porn. And as we know corrections officials communicate with each other, it is likely no coincidence.

It’s a tactic the police have used forever; treat certain people differently from others in an arbitrary way and watch them turn on each other. They’ve used this against political prisoners, granting one prisoner more freedoms than eir comrades to promote suspicions that the privileged comrade snitched when in reality ey had not.

Administrators know how important pictures of loved ones, including “sexy” pictures of partners, are to prisoners. Just as the comrade we addressed in a longer piece on the nature of sex and sexuality, this Kentucky prisoner says ey has no issues with LBGTQ people. Yet, we sense the resentment here in what ey wrote. We call on our readers not to let that resentment cause you to turn on others who are not your enemy.

There is a right-wing talking point these days that the woke government is trying to turn people, especially children, transgender or gay. These identity politics are being used to manipulate people, and to get votes. If comrades are serious about fighting the “enforcement” of homosexuality in prisons, we suggest allying with gay prisoners who will likely be strong allies in a campaign to allow all prisoners to have equal rights to express their sexuality. Meanwhile, the fight against censorship of photos should connect to the fight against political censorship of mail. It should be illegal for the state to stop any mail that is not a direct threat to safety. If you are organizing around these issues we want to hear from you.

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[Censorship] [National Oppression] [Street Gangs/Lumpen Orgs] [Gender] [ULK Issue 82]
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Thugs Are Sex Offenders Too

from gangster to revolutionary

The first topic I’ll like to respond to in Issue 81, is the article that reads “Colorado Prison Censors New Afrikan Literature”. The brother pointed Colorado’s contradictions with allowing certain white reactionary novels as opposed to the Black revolutionary ones. The Wisconsin DOC for a long while was banning books like Know Thy Self by Na’im Akban, Revolutionary Suicide, Soledad Brother, Blood In My Eye, Assata, Seize the Time, A Taste of Power, This Side of Glory, We Want Freedom, Isis Papers, Destruction of Black Civilization, and all of Amos Wilson’s books until the courts got involved and the WDOC reasoning was that the books were inciteful and accusatory towards Amerika and people of European descent. Yet they allowed in all of Donald Goines, ICE Berg Slim and often “hoodbooks” that promote Pimping, drug dealing, Black on Black homicide and anything that glorifies the “Black Criminal Mindset” because it keeps us in Lumpen-criminal-colonial state of mind. This state of mind justifies the mass incarceration of anyone of Alkebulan (indigenous word for the continent commonly named Africa today) diasporan descent, while the Revolutionary mindset poses significant threat to Uncle Sam’s “Economic Station.” The brother who wrote MIM needs to know ICEBerg Slim, Donald Goines and anyone of Alkebulan (Black & Brown) Diasporas descent promoting and glorifying the exploitation of our people and all oppressed nationals are unhealthy and they are just as much enemies to our own people as Adolf Hitler, J.B Stone, David Duke, Richard Spencer, Donald Trump and the like, you dig? I would advise the brother to read books by Black authors who believes and write about the advancement of Black people oppose to the destruction of us. It’s impossible to discuss pimping, drug dealing, gang-banging without mentioning white supremacy, OK.

The next topic from Issue 81 is “ULK 80 Responses on Sex Offenders, Pedophiles, Gunnas and Gangstas”. In it you write that sex offenders don’t practice reactionary thug life politics (drugs, shootings, etc) and that’s completely false. Most sex offenders claim to be part of lumpen organizations (CRIPS, Bloods, Vice Lords, GD’s, BD’s LK’s, etc). I believe sex offenders are irredeemable and permanent enemies of and to the “people”. By sex offender, I don’t mean a 17 year old dude having sex (consensual sex) with a 16 year old girl because I do not consider that rape. Some of these Gunnas who rape other Kaptives are sex offenders, homosexuals and the list could go on, OK. I would argue that both groups are enemies to the people. Those who refuse to abandon the thug mentality for a revolutionary one are enemies of and to the people. I do concur with your assessment regarding how the fascist system use both lifestyles as political points to further the dehumanization of these groups. I’m not against homosexuals, transgenders and what have you, I’m against those who hunt and oppress women and children. Those I do not condone their lifestyles.

I’m not bothered by referring to a transgender man who see’s himself as a woman and a transgender woman who see’s herself as a man as She and He. The problem is that most transgender men-women in prison are sex offenders, they are in for preying on children. I’m a former Black Gangster Disciple (from 1983 to 1998) and I’ll be the first to say that Growth & Development literature reflects Elijah Mohammad’s “Message To The Black Man” and that it was not founded to destroy our communities, yet that’s what it’s doing and I am against it and any gang (its not an organization) that terrorizes its own people or people period. Members of these groups are “Redeemable” and we must not turn our backs on them unless they refuse to open their eyes and do the work of the civilized.

As you know, I am the Founder and Chief Advisor of Freedom Fighters, Inc and we do not condone the distribution nor usage of alcohol and drugs nor any lifestyle that poses a threat to the moral fabric of humanity/the human race. In closing, though I understand the nexus you made with brother Comrade Slaughter regarding drug dealers and sex offenders, I still feel that it’s out of context. The drug dealer and gangbanger is “redeemable”. The sex offender isn’t. I was molested, violently, from the age of 7 to 11 by a female relative who is still alive and to this day, in her 60’s (I’m 47 and have been enslaved since the age of 17 - 1993). She’s still sick.

Even though a sex offender is capable of coming to terms with his or her own sickness, they remain sick in the head and sick in the heart, maybe. Tookie was a byproduct of his environment and when he woke up he didn’t fall back asleep. The sex offender falls back asleep because he or she is innately. The vast majority of sex offenders was never molested or raped, it was in them. I know a lot of bothers/men who were molested and never became molesters themselves. I have never raped nor molested anyone, never even had the thought to do so. I have never sold drugs either, but its different. I’m mentally ill, I was raised in mental institutions (and it could be said that prisons are also Mental Institutions) and I was exploited by the older members of BGD to rob and kill white people and once I came to terms with this, I renounced black racism and I will never rob or kill someone based on race. I was sentenced to life for killing a woman who robbed my guy and charged at me with a machete, and though my actions could be justified, I still partook in the genocide of our people and I’ll never engage in such idiocy ever again. And though I see the nexus you made, I just don’t agree with it. I do, however, respect your position. Disagreement is healthy and we should never tear each other down due to it unless the disagreement becomes detrimental to the organism, you dig?


Wiawimawo of MIM(Prisons) responds: We welcome critiques of certain “hood” writings as the comrade offers above. Yet we still recognize their biased censorship as part of national oppression, and the struggle against censorship in prisons can make strange bed fellows as we’ve discussed with the struggles around nude and non-nude pictures.

As for the sex offenders issue, this comrade has been debating us on this since back in ULK 64. I welcome the correction regarding sex offenders practicing thuggish anti-people activity as well. There is certainly an overlap between the two behaviors that i was ignoring in my sloppy language in ULK 81.

Next point, no one is arguing that “those who hunt and oppress women and children” are communists or allies. So that’s a moot point. Nor are those who are hunting, killing, poisoning, and oppressing men for that matter! And we seem to have agreement on that, as far as various forms of anti-people activity go. Yet, this comrade echoes the point made by Slaughter that it is only the sex offender that is unredeemable. The argument being that the sex offender is innately oppressive towards other humyns. Yet no evidence is offered to support this. In fact, we can point to statistics that sex offenders have the lowest recidivism rates.(1)

It is also odd that you seem to favorably cite Elijah Muhammad who is a known child predator who never atoned for the abuses he committed against at least 9 young girls and wimmin, and exploited eir cult of persynality to cover up those crimes while using metaphysical interpretations of the Quran/Bible to justify the acts. This was exposed by el-Hajj Malik el-Shabazz (Malcolm X) shortly before he was brutally murdered for promoting a revolutionary nationalist interpretation of Islam separate from the NOI.

If we look at socialist China we see the virtual elimination of all sorts of crime, drug abuse, prostitution, etc, in a very short period of time. We addressed this in more detail in ULK 59 on drugs.

We are the last ones to say that everyone is a comrade. Usually we are being criticized for being too pessimistic about the revolutionary potential in this country. But we are engaged in the project of uniting all who can be united in the prison movement.

We aren’t saying we can reform all anti-people criminals today. But we are saying that we can under the dictatorship of the proletariat, which is what we are fighting for. And to get there, we need to break down these phony barriers between the oppressed based on idealism.

Note: 1. Wendy Sawyer, 6 June 2019, BJS fuels myths about sex offense recidivism, contradicting its own new data, Prison Policy Initiative. In numbers from a 9-year follow-up on people released from state prisons (2005-2014), rape/sexual assault recidivism rates for any crime were less than 67%. This is 20% lower than all other categories. Only about 7.7% were re-arrested for another sex offense.

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[Censorship] [Civil Liberties] [Smith Unit] [Texas] [ULK Issue 82]
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TDCJ Expands Repression of Their Own Policies

Back in November 2022, MIM Distributors sent a copy of the Texas Department of Criminal Justice’s (TDCJ) PD-22 codes to a prisoner at Smith Unit. The PD-22 codes are the “General Rules of Conduct and Disciplinary Action Guidelines for Employees.” The prisoner was notified that this was “70 pages misuse of state property.” That’s funny because MIM Distributors paid for the printing and mailing of this material the TDCJ claims to be their property.

After the comrade appealed this, the Director’s Review Committee (DRC) upheld the censorship, but changed the reasoning to “received in contradiction in BP-03.91.” As we reported recently, we have already stopped mailing in the Offender Grievance Operations Manual (OGOM) because of rampant censorship of this TDCJ document.

Since the 5th revision of the BP-03.91 was released on 25 June 2021, we have featured in ULK a series of articles on the newly revised policy including promoting phone zaps, protests, and lawsuits. The focus for many was the limitation on non-nude photos, and this was the subject of multiple lawsuits. MIM(Prisons) and TX TEAM ONE recognized the broader implications of these changes and supported this campaign. But now that most seem to be getting their sexy photos okay are people going to stand up for the right to access public documents?

The relevant section of BP-03.91 (rev. 5) is IV.A.13:

“Contains records or documentation held by the TDCJ that are not listed in the attachment to the TDCJ Public Information Act Manual Chapter 2.”

It is not clear to us at this time what this includes and does not include. This clause dates back to at least (rev. 2) published on 11 February 2010. Which explains why the TDCJ has been censoring the OGOMs we send in since it was officially removed from law libraries in 2014.

While many prisoners write to us asking for legal help, we aren’t lawyers and we don’t offer legal help. We need your legal help. We need comrades in the TDCJ to get to the bottom of these issues, file lawsuits and lead campaigns. This is a very winnable battle that serves the interests of all prisoners in Texas. What we do do is support prisoners organizing against imperialism. If TX prisoners are ready to fight this we’re ready to push this campaign forward to stop the censorship of public documents and advance the campaign to get grievances addressed in Texas.

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[Deaths in Custody] [Civil Liberties] [Black Lives Matter] [Censorship] [Federal Correctional Institution Tucson] [US Penitentiary Terra Haute] [Federal] [ULK Issue 82]
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Why Prisoners MUST Speak

statue of liberty communism

There’s an ongoing debate as to why prisoners must have rights to the First Amendment, the right to free speech. Prisons often suffocate prisoners from speaking about what happens in prisons, as if it is a “security” risk. While there are elements that can pose a prison interest, most times this is not true, but prisons use flimsy excuses to prevent prisoners from telling the world what goes on. Prisons, like USP Tucson, use the Las Vegas mantra, “what happens in prison, stays in prison” (even if it’s illegal).

Let me share with you an example of prisons illegally suffocating a prisoner’s right to tell the public what is going on:

A magazine called Labyrinth published a story about two Black prisoners at a federal facility, Terre Haute, who died of asthma. Apparently, in January of 1975, a prisoner died, then in August at the same prison, another Black prisoner died of asthma.

During that time, the prison (Terre Haute) had only one respirator, which was known to have been inoperative in January when the first prisoner died. It wasn’t working when the second prisoner died either.

That is negligence. The prison’s incompetence cost two Black prisoners their lives.

However, when Labyrinth tried to send their magazines to Marion Federal Penitentiary, the prison blocked it, claiming that the article could be “detrimental to the good order and discipline” of the institution. The courts disagreed, stating that the incidents in Terre Haute, a federal facility, are newsworthy and of “great importance” (Pell v. Procuiner, 417 US. 817, 830, n.7. 94 S. Ct 2800, 2808 n.7, 41 L.Ed 2d 495 (1975)).

In that incident, the necessity to report prison negligence outweighs the prison’s vague idea that anything that happens in prison are not for the public’s ears. The public has a tremendous right to know that prisoners are dying in American prisons, and more so, if those working in prisons are indirectly, or directly, responsible for it.

Prisoners must be allowed to tell society if human beings in American prisons are treated with humane dignity, or like slaves at a plantation, or Jewish prisoners at a Concentration (and Extermination) camp. Left unchecked, this is exactly where prisons will gravitate to.

A few years ago, I personally wrote an essay about a prisoner here at USP Tucson, who was murdered while in the SHU (Special Housing Unit). I wrote that the staff knew that if they put the prisoner in a cell with a certain prisoner, that he would be killed. And so it was.

After getting the essay out, I got a letter from a law firm representing the victim’s wife. They wanted to talk to me, to get information about the staff working at the time of the murder, because USP Tucson refused to release such information. Even though staff was directly responsible for a man’s death, they refused to give the attorney the information, protecting the officers that facilitated the murder.

Sadly, I did not have such intel, because while the prison population all knew what happened, and how, most didn’t know who worked that day. A prisoner who was in the SHU that period of time, however, would have known. This is not about “safety and security” …it’s about murder.

Prisoners must be able to inform the public of what goes on in prisons, because if not, then there is no counter to prison staff brutality. Prisons like USP Tucson can toss every law over their back, and treat prisoners like dogs. They can beat a prisoner, steal their property, rape them, and no one on the outside would ever know. And, if it did get out, the prison would suppress all information and “defend the shield.” The First Amendment allows prisoners the equalizer, to hold prisons responsible for how they treat those under their custody.

Let’s be clear; the prison staff do not have the right to torment or torture prisoners, they prevent society from knowing about it; but unless prisoners get the word out, prisons will almost always violate humane treatment.

Left unchecked, prisons will always gravitate to persecution, torment, or torture. There must be a level of accountability by prisons, otherwise there would be no fear in allowing prisoners to speak.

So, let me share another recent example of why it is critical for prisoners or captives to speak. It is all too easy to prove that if prisons prohibit prisoners from writing, it gives the prison staff a green light to neglect their responsibilities.

On Friday, 18 November 2022, USP Tucson put the entire prison population on an institutional lockdown for an unknown incident. The week prior, on November 13th there was a “code red” because a prisoner at a different facility acquired a gun and would have shot an officer except the gun didn’t fire because the bullets didn’t match the gun.

Now let that marinate for a bit: how the heck did a prisoner at a federal facility acquire a gun, and what pushed such a person to that extreme? Shouldn’t that be an issue that the prison needs to look at, as far as how staff treat prisoners? It is not always just a prisoner’s fault: it takes two to tango. What did the officer do to provoke a man to such an extremity of hate that he had to get a gun? But prisons won’t look at that. There are other essays that could be written on that, but that’s for another time.

After that incident, on Sunday November 18th, another incident involving staff resulted in an immediate and excessive 30-day lockdown. All prisoners were restricted to their cells (the word “all” really needs to be defined as certain situations clearly show that the prison did not go by their own rules) with no outside movement except to the showers every 2-3 days. But, in this, there were numerous violations by the staff at USP Tucson, most with what may be legally called “deliberate intent.”

Earlier, I was attempting to make a compelling argument about the reasons why it is critical for society to hear from prisoners. Most times people think that once a person goes into a prison they lose all of their rights, this is often told to society by people working in prisons.

This is a lie.

Prisoners walk into Amerikan prisons with most of their rights, including the First Amendment, which is the freedom of speech. This is critical in the prison environment because left unchecked it will always result in prison abuse by staff. I might sound extremist when I say all, but history has clearly shown that if prisons are left to do what they want without any check on humane treatment, it always gravitates to neglect and abuse of the prisoners.

So the First Amendment allows prisoners to voice their grievances whether the prison likes it or not, to the people on the outside who have an interest in what goes on in prisons. We did not lose the right to say what is going on in prisons, in fact, who has a greater experience than us. Often times, courts use a “hands off” approach on these issues, usually deferring to the “expertise” of prison officials. I get that, but expertise does not mean these prison officials use humanitarian elements in their decision making.

So, I gave you a real example of a situation that happened here at USP Tucson; we were put on lockdown on Friday November 18th for what was identified as a “staff assault” in a separate dorm. The prison identified the perpetrator, moved him out of general population then it turned to the rest of the prison and punished them severely as if we all had a hand in it. This is called mass punishment and it is frowned on by many countries, yet the United $tates continues to use it.

I mentioned in the first part the numerous violations that USP Tucson may have committed in what is termed “deliberate intent.” This means there was no mistaking the actions the prison took, it was intended to cause harm. Here are some of the violations:

  1. The warden never issued a memo for the official reason the prisoners were on a 30-day lockdown. If a person or people are to be punished, he or they must know why they are being punished so they can challenge it. This may very well be a violation of their due process – another constitutional right.

  2. USP Tucson prevented prisoners from filing a grievance or a “BP.” When prisoners asked for them, the counselor flatly refused. This alone, is illegal.

  3. Unit Team (Unit manager, case manger, counselor) avoided all prisoner questions, except legal calls or when passing out disciplinary charges. Unit team was working the entire time we were on the lockdown, but deliberately refused to do their job, avoiding all prisoners asking for help or assistance.

  4. Unit Team refused to pass out paper, envelopes or writing instruments, prohibiting prisoners from writing. Here is the deathblow to the First Amendment. If a prisoner is refused these elements, there is no way he can communicate to the outside world.

  5. USP Tucson violated their own policy, forcing kitchen workers to work 10-12 hours a day – every day – to prepare and clean the cafeteria. Prisoner medical orderlies, laundry workers, and selected prisoners were forced to work, but the prison refused to allow the dorm orderlies to clean the showers. This implies that the staff deemed certain prisoners “less of a security risk” than others, even though 99% of the prison population had nothing to do with the incident.

    And let’s touch on the “incident” of the “staff assault.” Here is what happened, in a nut shell. USP Tucson brought a prisoner that is on a high care level, with clear and documented psychological issues, from a high-level prison. Hh has only been on the prison grounds less than a week, and the prison decided to take away his medication. Why? That makes no sense! He obviously needed it for a reason.

    So, when the prisoner was refused his medication, he got angry, and assaulted an officer. This had nothing to do with the rest of the prison population.

  6. USP Tucson never allowed prisoners a clean shower. At the point of this essay, each unit had eight shower runs the last 4 weeks. Each of the ten shower cells were used, on average 80 times and not once did staff allow the dorm orderlies to clean it, and the showers were toxic each time prisoners had to step in there.

  7. USP Tucson prohibited the sale of stamps, nor would distribute stamps, nor would take letters without stamps. This, for 25 days, prevented prisoners from any contact with the outside world. Another deathblow to the First Amendment, and obviously, quite illegal.

This act, the one just mentioned, may be the most malicious because unless you had stamps before November 18th, you had no way to communicate with loved ones, an attorney, a church, the media, or anyone. USP Tucson violated prisoner’s First Amendment for almost a month, and ignored every request and offer to rectify the situation.

Prisoners with no stamps had no way to let loved ones know that they were okay, or alive, or if USP Tucson was beating prisoners, stealing property or doing all sorts of things to them. When families and loved ones called the prison, many were told that we were on a “COVID-19 lockdown”. That was a lie. With no accountability, staff were free to be inhumane, for almost a month. This includes a “shakedown” where the prison took easily tens of thousands of dollars worth of personal and legal property from prisoners and threw them away or took them to their families for Christmas.

When the prisoners lose their First Amendment, when prisons like USP Tucson rob people of this protected right, it immediately opens the door to mistreatment. It always happens. Without fail. It is said in a case law, Thomburg v. Abbot, that

“A prison ban on prisons sending letters that complain of internal conditions in the institution restricted the First Amendment in two ways: one, the prisoner’s right to free speech is curtailed and two, the public’s right to know what is happening within the prison system, a right that can only be fulfilled through an informed press, is restricted.”

For four weeks, I didn’t have the chance to tell people what USP Tucson was doing to us. For 25 days, I could not let my mother know that I was still alive. For 25 days I could not tell society that these federal prison staff officers had denied us humane showers, stole property, and practiced slave labor.

For 25 days we were tortured and nobody knew until now.

This is why prisoners MUST write. And just wait until you read what I share after the four weeks ended, and we were finally able to find out everything that happened around the prison.

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[Legal] [Censorship] [Texas] [ULK Issue 81]
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CENSORSHIP: A Guide for TDCJ Prisoners

What’s good to all my Sisterz and Brotherz on the inside. My name is Motivation. I am a certified paralegal incarcerated in the Texas Department of Criminal Justice. I was moved to write this article because I’ve experienced TDCJ’s arbitrary and unconstitutional censorship under Board Policy - 03.91 (BP-03.91), and I’ve also witnessed the same with other men on my unit. Therefore, I’ve filed a §1983 civil complain. See Linzale Greer V. Bryan Collier, et al., 4:21-cv-03976. So, if you are a TDCJ inmate and you are experiencing improper denials because the TDCJ claims the material contains a sexually explicit image, then here’s some information to guide you on defending your rights and legally combating BP-03.91.

Know the Policy

First and foremost, find out what the policy is and how the policy defines a “sexually explicit image.” This is easy. Just go to the law library and request BP-03.91(rev.5). For those of you who may not know, BP-03.91 was revised on 25 June 2021 by the Texas Board of Criminal Justice, and the revision expanded the definition of a sexually explicit image. It essentially bans any image which depicts sexual behavior and/or is intended to sexually arouse. This means TDCJ inmates cannot possess or receive by mail any image deemed sexually explicit. In my view, this is unconstitutional because BP-03.91 is impermissible and vague, over broad, and unreasonable on its face and as applied.

You have the right to appeal

Secondly, whenever the mail room denies material, you shall be provided a sufficient notice in writing and a detailed reason for the denial. You also have the right to appeal the denial to the Director’s Review Committee (DRC) and the DRC shall render its decision within two weeks after receiving the appeal. However, if the material has been previously banned by the DRC, then the denial will be non-appealable. I don’t agree with this practice but the reality is, this is what the TDCJ does. Keep copies of all documents for your records.

Exhaust all available remedies

The Prison Litigation Reform Act (PLRA) requires prisoner’s to “Exhaust all available remedies” within TDCJ before filing a §1983 civil complaint. What this means in some cases is that you must file a step 1 and step 2 grievance before you can go to court. Remember you must exhaust only “Available remedies” and need not exhaust “unavailable remedies.” In my opinion, there are no available remedies within the TDCJ grievance procedure concerning mail room censorship because the grievance office routinely returns inmate grievances and states that the issue is not grievable. Also TDCJ grievance procedures states that inmates may not grieve matters for which other appeal mechanisms exist. Nevertheless, you should still file a step 1 and/or step 2 to be on the safe side. Now, if your step 1 is returned because the issue is not grievable then, you do not have to file a step 2 because there are not available remedies. You can now go straight to court.

Another vital tool is conducting legal research. This is where you roll up your sleeves and get down to business. This will be your prerequisite before filing suit. I didn’t have anyone to hold my hand during my legal research process or to help me file my suit. I can admit that legal research is an arduous task, but more importantly, it’s vital before filing a complaint. However, to point you in the right direction, here’s some relevant case laws that will be important to your fight against TDCJ:

  • Turner V. Safley, 482 U.S. 78 (1987)
  • Thornburg V. Abbott, 490 U.S. 401 (1989)
  • Guajardo v. Estelle, 543 F. Supp. 1373 (S.D. Tex. 1977)
  • Guajardo v. Estelle, 580 F.2d 748 (5th Cir. 1978)
  • Guajardo v. Estelle, 568 F Supp. 1354 (S.D. Tex. 1983)
  • Guajardo v. Tex. Dept Crim. Justice, 363 F.3d 392 (S.D. Tex. 2004).

The Guajardo cases specifically applies to TDCJ’s correspondence rules. It will give you historical and present insight on the promulgation of BP-03.91, and how to legally proceed to challenge it in federal court. You should also get very familiar with the PLRA because it controls prisoners litigation and the types of relief we are entitled to. The federal statue can be found at 42 U.S.C. 1997e and 28 U.S.C. 1915A9c). If you need additional case law, just ask the law library to shepardize the above cases for you, and you will find more jewelz than you can use.

Filing a §1983 Civil Complaint

After doing all of the above, your next step is to file a §1983 Civil Complaint. You can file it in either state or federal court depending on your situation. However, because you will be complaining of First Amendment violations under the U.$. Constitution, you should file in federal court. Federal court has jurisdiction over federal law. But again, depending on your case and the facts of your case, sometimes filing in state court is the better route. You will have to research this issue to decide which route fits you.

You can get two §1983 civil complaint forms from the law library. One is for you to send to the court and the other is for your copy. Remember always keep copies of everything you send to the court. The most important part of filing a complaint is stating sufficient facts, which is “enough facts to state a claim to relief.” If you do not state enough facts, there’s a chance your complaint will be dismissed for failure to state a claim upon which relief may be granted.

If you can get an attorney to file your complaint that will be great. However, the reality is, the vast majority of prisoners are left to litigate pro se. So, do your homework and learn the law.

My Last Wordz

So, to all my Brotherz and Sisterz that are willing to legally fight the arbitrary censorship system nationally, I tip my hat to you all and wish you courage, patience, and persistence. Also, for those of you who are in the process and those that have already begun the process of litigation, WE are not doing this just for Us. WE are more on the front line for the voiceless and the ones that may not have the ability to STAND UP. So, I ask that WE ALL DO OUR BEST AND NOTHING LESS! Stay Blessed No Stress!

Sincerely, Motivation Equalz Elevation


MIM(Prisons) adds: We have a more extensive guide to fighting censorship that is applicable for all states that we send to anyone facing censorship of our correspondence or literature. We print the above as a concise summary with some specific info for Texas.

This is also part of an ongoing campaign among Texas prisoners to fight the rewritten BP-03.91 mentioned above. One of the lawsuits around this campaign is Martinez v. TBCJ, et al. #3:21-CV-00337. The judge has since denied to issue summons to each member of the Texas Board of Criminal Justice. This is being appealed. The plaintiff is requesting more support from prisoners in TDCJ in the form of affidavits and/or unsworn declarations. These affidavits/declarations will help make the argument for a statewide injunction of BP-03.91 and can be sent to MIM(Prisons) to forward to the plaintiff.

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[Censorship] [Campaigns] [Pendleton Correctional Facility] [Indiana] [ULK Issue 81]
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Commend Comrades in Indiana on Censorship Victory

Comrades in Indiana have recently celebrated a victory in our campaign against censorship. One comrade in particular diligently appealed repeated arbitrary and illegal incidents of censorship of mail sent to em by MIM Distributors. Ey regularly reached out to us and other organizations, and a comrade on the outside provided support in appealing these incidents on behalf of MIM Distributors. After about a year of censorship of anything with anti-imperialist political content, this comrade received eir first issue of Under Lock & Key this month. We have also been able to send em other political books and get ULK to others.

MIM(Prisons) wants to recognize the comrades in Pendleton Correctional Facility for their efforts and consistency. Victories will not be easy, and often they are few and far between. But with consistency the struggle continues, and as the oppressed are the vast majority of the world, that struggle is destined to win.

In most cases, our mail is censored for completely illegal reasons. Here are some reasons given by Pendleton in the last year for censoring our publications:

  1. “5PT STAR ALL SEEING EYE 5” - not only does this make no sense, there was not even a star on the page cited
  2. “STG: AMERIKKKA”
  3. “HATE SPEECH”

Many Amerikkkans are offended by that spelling, or when we say that they are not exploited by capitalism, or that they are a nation built on white supremacy, or that they they are committing atrocities against oppressed nations. But to censor something because you find it offensive is illegal in this bourgeois democracy that we live under. As our readers know, nothing MIM(Prisons) has ever written promotes hatred of other peoples or mistreatment of peoples because of who they are.

Often, when our mail is censored it is because someone finds it offensive. Therefore, consistent appeals to higher levels of government can work to have the existing laws enforced. But other times the state is behind it. This was the case in our biggest censorship battle of 2022 against the Texas Department of Criminal Justice. They had system-wide bans on certain materials that we were sending in across the state because they want to prevent peaceful organizing. This is an example where bourgeois democracy is not so liberal, when even talking about a peaceful protest in prisons becomes illegal. And while we face censorship on the outside, those inside face being thrown in torture cells, and violence by staff or other prisoners.

The connection between free speech and association and this ability to protest and organize power is why we prioritize censorship as a campaign. It’s not just because those of us on the outside are being censored, it’s a strategic decision as far as what battles help create the space necessary for the organizing that we need to change the world.

So we encourage comrades to be diligent in fighting censorship, especially of political materials. And we will do our best to support you in those battles.

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[Censorship] [Legal] [Texas] [ULK Issue 81]
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Halting OGOM Distribution Until DRC is Challenged

TDCJ promotes public safety - yeah right

For years we have offered the Texas Department of Criminal Justice’s (TDCJ’s) Offender Grievance Operations Manual (OGOM) for sale to Texas prisoners. As we’ve reported previously, the manual has been removed from all Texas law libraries. The OGOM is a crucial reference for prisoners to understand and utilize the grievance process to address staff abuse and misconduct. Yet the TDCJ has deemed it illegal for us to mail it to fellow prisoners at their own cost.

Of the many copies we’ve sent to Texas prisoners in the last two years only one was confirmed received. A third were confirmed to have been censored by the TDCJ. The rest are of unknown fate because almost everyone we sent the OGOM to never wrote to us again.

Since we have been told by the TDCJ countless times that they will not allow us to mail their own manual to prisoners (and since this has not proven an effective organizing tool – almost everyone we send it to never contacts us again) we are not going to mail this publication again until someone can successfully challenge the decision by the TDCJ.

We did have one comrade who requested the OGOM on the premise that they will file a lawsuit once it is censored. The OGOM we sent was censored in November, appealed, and denied by the Director’s Review Committee on 6 February 2023 with the justification of “in contradiction with BP-03.91”. The comrade should be prepared to go to court now that the appeals process has been exhausted per the Prison Litigation Reform Act (PLRA). We will report any updates on this battle in ULK.

UPDATE: As we go to press in April 2023, the last OGOM we mailed out was received by the prisoner who ordered it. We are glad to hear it. But for now we are sticking with our decision above.

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[Gender] [Censorship] [Grievance Process] [Pocahontas State Correctional Center] [Keen Mountain Correctional Center] [Virginia]
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Isolation Caused by Fascist Virginians

If you follow the news, you are well aware of a Virginian named Officer Edwards, who recently used police training to attempt to groom a teenage girl for eir pedophilic needs. When it didn’t pay off ey drove to California, murdered eir family, burned down eir house, and kidnapped the girl. Ey eventually died in a fire fight with California police. Around the same time, back at a Virginia Prison, a Virginia Department of Corrections (VADOC) guard named Owens at Keen Mountain Correctional Center shot a prison nurse to death. Ey was pregnant with the guard’s child and was threatening to tell Owens’ wife about eir affair. These are Virginians, and ey are the type of people who flock to jobs in corrections and law-enforcement in Virginia. Virginia officials will tell you they don’t know how people who are so dangerous slipped through the background checks. Virginia officials are lying to you because these are the people they look to recruit.

There are more subtle forms of this sociopathic behavior, and the guards and other staff at the notorious Pocahontas State Corruption Center exercise these forms of open torture daily. One of the most common is the deliberate tampering with mail. Two of the most often seen names are Hagerty and McCall. Aside from delaying outgoing mail, sometimes for weeks if ey send it out at all, incoming mail is often denied outright for any number of nonsensical and often false reasons. An example of this is the denial of a book review/catalog. The reason cited was “no nude or semi-nude images”. Upon investigation it was determined that “nude/semi-nude” was a tank top shirt. Absolutely nothing “nude or semi-nude” by any known standards of decency. Of course the target of this mail denial was a known political writer and the review catalog was from a publisher – Fifth Estate – that focuses on political themes (many of them anti-prison). What these two VA DOC employees did – mail tampering – is a federal crime.

This is just one example of a massive assault on the guarantees of the First Amendment. It is a common event that is meant to not only prevent communications from exposing the other criminal acts by PSCC staff, but it’s also a means of isolating the captives. It’s a vicious form of psychological torture and harm. Ey want the captives to believe that ey are alone – that ey are forgotten by eir friends and family. This is solely to make the captives not only more susceptible to further and more cruel abuses, but also to a force a level of acceptance of the abuse.

To further this endeavor it is important to prevent grievances and complaints from being seen by those at regional or Central (Richmond) administration. Though in all reality, since the Virginia DOC only recruits and promote from within its own insular institutions, the administrators at every meaningful level were hand-picked for eir silence and loyalty to the VA DOC. Without eir allowance of endless cruelty and torture, it could be stopped. Still, “grievance coordinators” such as C. Smalling at PSCC, whose unwritten job description is “grievance disappear-er” answers the grievances erself instead of routing them to the proper areas for re-dress. Ey makes sure they are not properly logged so that they disappear as needed. This is especially important in preventing lawsuits from being filed, something PSCC is prone to do due to its nationalist majority staff and their daily human rights abuses. Without an exhausted grievance process any lawsuit brought by a prisoner is immediately dismissed by the courts. In Virginia, even the federal court judges are Virginians.

Other more harmful – yet just as subtle – forms of torture and harm are the 24 hour lights, a gift from 15 years of Assistant Wardens who should be in prison themselves. Currently the PSCC Assistant Warden, Mr. Collins, is facing at least six sexual harassment suits at three different prisons including PSCC. They just move the guy from one prison to the next and fire the people who lodged the complaints.

Yet another way the staff abuse the captives is through an especially vicious misuse of the PA system. There are several ways to do this, but the two most common are as follows:

Three very dangerous guards, Barry, Sargent, and Shelton are particularly fond of turning the PA system up to full volume and screaming into the microphone. Since they work on the night shift you might imagine the problems this might cause for the captives. 9PM, 10PM, 12AM, 3AM, 5AM anytime they feel like scaring the living hell out of the 250 people and also disturbing their sleep. This sort of abuse is completely illegal yet all complaints are ignored or disappeared. These acts are a sign of sociopathic behavior and given that 40% of Virginia’s captives are warehoused mental health cases, it is so very devastating. The flip side to this is turning the PA system volume down so low that no one can hear announcements. This causes not only missed classes, programs, or medical appointments, but it also allows guards to justify all manner of false charges against captives – most often “disobey a direct order” or “unauthorized area”. Both are low level charges, but they cause sanctions and fines. They also make your record appear as if you are a problem all of the time, and if you get too many you will be transferred to a higher security prison.

Another regular problem comes from guards such as Craig, Bogle, Kimble and others like them – most of the guards. They are openly racist and anti-semitic, go out of their way to verbally (and sometimes physically) abuse anyone they are able to. On the boulevard, in the education and library buildings, in the chow hall, any place they are able to, and they get away with it repeatedly. This has gone on for years and years without any change or even the least reprimand. To give you a better idea of just how far it can go on PSCC’s compound, here is a scenario that happened recently:

A guard named Horton and his wife, also a guard, both work on the compound. This is a violation of policy for a lot of good sense reasons, but PSCC itself is a major violations of DOC policy and too many to count. Mrs. Horton, while married to one guard, is sleeping with several others on the compound during working hours. It is common knowledge to everyone. As you might expect, Mr. Horton gets fed up with his wife’s extramarital affairs and decides to solve the problem. This guy brings a loaded weapon THROUGH the gates – apparently staff were not checking guards as they came in – with the intend of making some examples. Those examples were going to be PRISONERS! Not the other guards who were involved with the wife, but PRISONERS! Fortunately a few guards stepped in and put a stop to this before anyone got hurt, but still, Mr. Horton is only fired and walked off the compound. Not a single criminal charge was brought even though he broke half a dozen laws. His wife was recently promoted to “counselor,” and he was just rehired to work at the same prison on the same shift as his wife.

Virginians and the VA DOC PSCC staff fed captives food that says “not for human consumption” on the box. Its medical staff is entirely unqualified in every way. Its psychologists do not have the experience to handle severe mental health issues and are even falsifying records to avoid even dealing with mental health because the facility (and the VA DOC) are simply not capable or designated to handle such issues. Add to this all the well-known and common place issues with corrupt prison staff – and put the prison in a well hidden county at the end of some “wrong turn” road in a state that seems to be growing its right wing neo-nazi extremist population. You have a real time disaster unfolding daily: the other 40 prisons in Virginia – a long time slave economy – are no better. On top of all that, add a 20% rate of innocence/wrongful conviction (approximately 5,000 people as of this writing). Harsh action must be taken to stop this madness.


MIM(Prisons) responds: MIM(Prisons) has been questioned online for our support of the campaign to fight the a recent rewrite of BP-03.91 in Texas, mostly to increase restrictions on sexually suggestive, non-nude photos. The example given by the comrade above is one of many that explain why we support that campaign despite stating clearly that we oppose pornography. Any increase in the restrictions on mail are going to be applied to stuff the pigs disagree with politically, because there is no free speech in this bourgeois dictatorship, only power struggles.

Of course, most pornography represents patriarchal and bourgeois morals. Morals that numerous gender-related acts of violence described by this author. We welcome reports like this, and print many on our website. But as the author states action must be taken, we really want your articles on campaigns and struggles against these types of abuses and organized repression.

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