Under Lock & Key

I’m doing okay here just maintaining and trying to stay positive throughout this madness that they call the SHU. Things are pretty much the same around here as they were before the hunger strikes. Basically all that’s changed is the fact that we have beanies and can buy sweats and sweaters in our packages now. And also if you have a year clean then you can take a picture and buy art supplies, and we can get calendars in the mail.

So I don’t know what’s going on with all of the rest of the promises that were made as a result of the hunger strikes. The CDCR administration basically is keeping us in the dark and trying to shut down any and all communication that they feel is a threat.

CDCR stopped an eight-page double sided publication that was printed off of the computer back around the end of October. I appealed it and just received a response with them denying my appeal, so now I have to send it to the final level in Sacramento which I am doing tonight.

They say that since it talks about the hunger strikes and the organizers of the hunger strikers here in the SHU that it promotes gang activity. Also since there are other prisoners’ letters that are reporting on what is going on in these prisons then that is prisoner correspondence and third party mail. And finally they claim that it promotes a conspiracy to disrupt prison security and that if we are allowed to receive said publication then it would be promoting the conspiracy to cause others mass disruptions of prison programs. Like I said I’m sending it to the final level of appeal and once I get it back I’ll send it to you for you to see.

MIM(Prisons) responds: This report of only very small gains in response to the recent California prison food strike is consistent with what we have heard from others. The Five Core Demands of the strikers have been basically ignored with the exception of the really minor examples they provided for the fifth demand “Expand and Provide Constructive Programming and Privileges for Indefinite SHU Status Inmates”: this is where the art supplies, calendars and sweat suits were mentioned.

This is typical of the CDCR and in fact of all branches of imperialism: they give nothing to the oppressed without being forced to, and they give the minimum possible. The imperialists will concede nothing without a fight, and as we can see from the California hunger strike, even a widespread protest is not enough to accomplish significant change. This protest helped raise awareness of the struggle, and brought many people into activism. Now we must build on that experience.

On October 17 I received Under Lock & Key 22 even though I was not supposed to. It was a mistake made by an officer who was passing out mail. Attached to the publication was a notice to prisoners of statewide disapproval of the publication; this particular issue has been banned statewide. I was supposed to sign this notice to verify I’ve been informed but luckily the officer was distracted by his duty of distributing mail and instead of having me sign the notice attached to ULK 22, he just slid them both under my door.

When I realized what the notice was for, I grew kind of excited. The kind of excitement one has when you feel you just got over on someone in power. This made me even more interested in the ULK publication. First, because I’m thinking I’m the only one statewide who has one. And second I know this publication has material and information the state doesn’t want me to know; why else would they ban it statewide?

Before I began to read the ULK, I read over the notice to find out exactly why this particular publication was banned. The notice said: “The publication/material violates Division of Prisons Policy at Section D.O 109 and is disapproved for the reason listed ‘violence, disorder, insurrection or terrorist/gang activities against individuals, groups, organizations, the government or any of its institutions.’” With that my excitement grew even more, thinking I obtained material of such nature. The notice went on to say that this “violence, disorder, insurrection…” was on page 4 of the publication.

I immediately thumbed to page 4 and found the headline “Time for Peaceful Revolution” written boldly atop the article. I began to read. I was confused. I retrieved the Notice to Inmate of Statewide Disapproved Publication once again to make sure I read it correctly, and I had. I was so confused that I had to go over the article once more because maybe I misread!

I was confused by the reasons given for banning this material. It was banned because it was supposedly promoting violence, disorder and so forth against individuals, groups, organizations, the government or any of its institutions. But really, one hundred percent honest, the article was speaking of a peaceful revolution. In none of its lines through the article did it speak of violence against anyone. It spoke of unity amongst the many LOs and a little history of Kingism.

It was then that I really and truly realized the power we have amongst us if only we could just unite as one and struggle together. I realized it’s not us as individuals who they are afraid of, it’s we as a people who they fear. Why else would they ban an article speaking of a peaceful revolution and that urges others to come together as one? And also, it’s not necessarily violence that they avoid, it’s a revolution, period! It’s not how we go about the revolution that frightens them, whether its violently or peacefully, it’s simply the thought of a revolution, an end to their domination over us, that unsettles them.

And they will do what they have to do in order to maintain control, whether it’s murder, imprison or, in our case, censor mail. If the officer hadn’t mistakenly given me the ULK 22 I would have actually thought that maybe MIM(Prisons) was influencing violence. But now the truth is out and it has me in question about the other publications that were banned. Were they really banned because of the reason these prison administrators told you they were? I don’t think so.

Our rights are being trashed! We must, I repeat, we must, stand up for our rights. Fight censorship!

Peace, comrades in the struggle! First and foremost, the South Carolina Department of Corrections (SCDC) is a modern day slave plantation. Being political is a crime within itself; once I became aware of the truth then the system considered me a threat. I’m a Black man in solitary confinement due to my passion to stay alive, and I strive to use this time to analyze my legal problems and how to continue to educate myself.

I write to this so-called law library to request certain law books and other legal material, but I am denied because the law library is not up to date and lacks current books we need. So I reached out to receive The Georgetown Law Journal 2010 Edition from Georgetown Law. I was denied permission to purchase that journal out of my own funds. Then I wrote to Prison Legal News, South Chicago ABC Zine Distro, Justice Watch, Turning the Tide, the Maoist Prison Cell, the National Lawyers Guild and the Center for Constitutional Rights. All these organizations sent me material but I was denied access to have the material and it was sent back because of the so-called policies OP 22.12 and PS 10.08.

The SCDC has designated a ban on all magazines, newspapers, books, photos, etc. that come from outside sources, whether it be from publishing companies or organizations. In Special Management Unit, where prisoners are housed 23 hours a day behind a locked door, SCDC mandates all above material must come from its institutional library, whereupon no newspapers or magazines are allowed, period. Only the inadequate out-of-date law books and library books. Because of this ban many people suffer from lack of information and educational and legal materials.

And the thing about it is the mailroom staff has a list of names of publications that aren’t allowed to send mail to this institution. She has no education in security besides searching mail for contraband.

I have limited information I can use to fight oppression as a whole. I have offered my problems at the hands of my oppressor to hopefully serve as a springboard for further war against oppression. Times do get hectic, and recently I was placed in a full restraint chair off the words of another prisoner’s statement! I am aware of some cases that deal with censorship, so I’m doing my research the best way possible even though the law books inside the library don’t have cases past 2001. Of course I’m aware of the Prison Litigation Reform Act; that’s why I am going through the grievance procedures now. I will continue fight this system and hopefully my voice will be heard outside of these walls.

SCDC has no educational programs so it’s more about self-education, but as you see I’m limited on that also. They have even started feeding prisoners in here two meals on Saturday and Sunday due to so-called budged cuts, but Monday through Friday we receive three meals per day. This is a very hard battle but my will is to survive physically and mentally until there’s no fighting left. I hope you can continue to send me updated info because I can receive up to five pages of material printed out like the Censorship Pack you recently sent. Thanks for your support.

MIM(Prisons) Legal Coordinator adds: Since 2010, MIM Distributors and South Carolina prisoners have been challenging the policy of “no periodicals allowed on lock-up unit.” From our study of case law, we don’t believe that this policy could withstand the scrutiny of the higher courts, but to date all prisoncrats who have responded to our letters have upheld the censorship and/or evaded our direct questioning.

SCDC is not the only prison administration that is more interested in political repression than rehabilitation. Because national oppression is the name of the game, all prisoncrats try to push the boundaries of legality, and fortunately bourgeois democracy sometimes get in their way. Regarding this particular type of repression, we have received similar reports from prisoners held in North Carolina, California, Connecticut, New Mexico, and Pennsylvania.

It is a set-up for backwardness, which is the obvious goal: no programming, no reading materials, and you are barely able to prepare a lawsuit. They can’t actually expect prisoners to reform.

As a movement, we are held back by this censorship in South Carolina. But rather than it defeating us, we should be inspired to push even harder to spread ULK, the United Struggle from Within, and the United Front for Peace in Prisons where we are able. Comrades affected by censorship should file grievances and go to court if necessary, so that conditions where they are don’t mirror South Carolina’s. Those with legal knowledge should write in to get involved in the Prisoners’ Legal Clinic.

Back in 2008, I was denied a lot of reading material and did not file grievances about any of the instances. During that time, I was stubbornly relying on just physical action to challenge these oppressors. That certainly was not conducive to making my situation better.

Fortunately, I’ve grown wiser over the years. I now litigate against these tyrants and use the grievance system regularly. Since I began utilizing the pen against them, I am yet to have any material from MIM(Prisons) rejected. Should that change in the future, I will file grievances and subsequent appeals. I will also keep MIM(Prisons) abreast of the results and be willing to take action in the court if there is strong probability of success.

This prison recently rejected some issues of a Turning the Tide newsletter. I will send you a copy of the grievance I filed, the appeals, and responses.

I know they would like to prohibit us from receiving and reading literature that teaches us correct ideology and ways to thwart their oppressive establishment. I will no longer allow them to get away with trying to control my mind by putting unreasonable limits on what I can read.

MIM(Prisons) responds: We don’t want to mislead our readers to think that filing grievances will guarantee your rights are respected, as other articles in ULK will quickly disprove. But as materialists we should be struggling to learn and utilize the most effective means towards progress. And this correspondent’s change from physically challenging COs to utilizing the administrative process is a very common transition for readers of Under Lock & Key in this learning process. Progress is not just about using the legal system, it’s about organizing for our own needs and building independent institutions of the oppressed.

While MIM(Prisons) continues to discourage violence against COs, and we see this play out in prisoners’ behavior, the prison administrators regularly censor ULK as a “threat to security.” It is clear that they are not concerned about the physical safety of prisoners or staff, but rather the security of their jobs, hazard pay and white power.

Comrades, I received the copies of letters that were sent to Director Gary Boyd and McCormick Correctional Institution Warden L. Cartledge concerning censoring of mail from MIM Distributors. I sent Warden Cartledge a detailed request form concerning that issue also.

I think I’ll wait until I receive mail from CRC and then file a grievance claiming discrimination and harassment against this mailroom. From my understanding two prisoners here have filed lawsuits against the mailroom already.

South Carolina Department of Corections (SCDC) officials are quick to tell you that they don’t care about lawsuits. All SCDC officials have qualified immunity. If a lawsuit is successful the state has to pay a monetary settlement.

What makes these matters worse is higher institutional officials tell staff that as prisoners, we don’t have any rights. And that the harder they make it on us the less likely we’ll be to return to prison.

To them our being sent to prison was not punishment. The punishment is to come from them once we get to prison. Imbeciles masquerading as psychologists. To become a warden in SCDC all you’ve got to do is take a prison management class, which is provided by SCDC.

Due to a staffing shortage they’re hiring new recruits who’re in their 50s and 60s. They’re the worst pigs to have as guards, they think they have everything about life figured out and they’re really doing society a favor by working here.

MIM(Prisons) adds: We need our comrades behind bars to follow this prisoner’s example and fight censorship of mail. We have to follow the legal procedures even when we know the officials are not worried about lawsuits if we want to win these battles. If you learn about censorship of mail from MIM(Prisons), let us know and work with us to fight back.

The recent strike has unleashed a new round of censorship here in Pelican Bay. It’s crazy that the very issue that CDCR claims to be “working on changing,” that is ‘Group Punishment,’ is the very thing they are still doing by punishing everyone for the strike. Administrators from Sacramento came in their suits to beg prisoners they label falsely as ‘worst of the worst’ to stop striking and told them that if they stop there will be no retaliation, and yet here we are getting our political literature censored because of participation in the strike!

The state is so sick that it is not enough to keep prisoners locked in solitary confinement for years. It shows the cruelty, the depravity of what we are up against, and so when I think of so called ‘constitutional rights’ I know in my heart that these so called rights don’t apply to me or any other prisoner in Amerika. When I’m denied even the ability to think, this is when I know the intention is to destroy me mentally and psychologically.

This is what the Security Housing Units (SHU) is used for - destruction cut and dried, there is no other reason for the modern day control unit, it’s used to break you down by all means necessary. Whatever it is you enjoy is taken. If you like the fresh air we will have lock down, loss of yard privileges, etc. If you like to watch TV the power will go out throughout the week or COs can simply take your TV for 90 days. If you like to read, your books and newspapers will be denied and censored. If you like to write certain people they will stop your mail, return to sender and claim this address is a mail drop, etc. The list goes on and on. This is all done to get people to collaborate with the state in order to get out of SHU.

So as people go about living their life, or even for people incarcerated who have no idea of the active repression many face, I say it’s real and be ready for the same repression. I have gone years having my literature from MIM and ULK censored and I have learned not to rely solely on ULK or MIM Distributors but to study on my own or with others. And when I do receive some political science literature, some revolutionary history, I read it over and over and discuss it with others so that I remember it and expand my understanding of it.

What we are experiencing now in the SHU with the new censorship will become common as prisoners in Amerika become more progressive and revolutionary. It is for this reason that people should prepare for this repression just as urgently as one would prepare for a hurricane or earthquake or any other disaster. To disregard this will leave one with nothing, no lifeline to truth, no theoretical nourishment, and most of all no guidance.

MIM(Prisons) responds: This comrade raises an important point about the value of political literature and the need to prepare for censorship. We face censorship across the country in so many prisons it is hard to keep track. But it is never sustained forever, sometimes we can get past the censors after a few months of appeals, sometimes it takes years and a court case, sometimes there is nothing obvious that changes but suddenly literature is allowed back into a prison. Regardless of the reasons for the censorship or the victories against it, it’s clear that we need to get as many people as possible on the ULK mailing list to maximize the distribution, and those receiving it and other literature need to share it, create study groups, discuss what they are reading, and spread the word.

With the passage of the National Defense Authorization Act, which allows indefinite detention without charges or trial, the U.$. population is becoming more aware of the emptiness of “constitutional rights.” There are no rights, only power struggles, as this comrade explains.

I wish to apprise you of the recent censored mail to and from your area. As you can probably recall, I promised to send you $20 off my books in exchange for reading material back in August. Well that month has long been left in our background.

I have attempted to get it processed from the start, yet finally it was blocked for the so-called reason that MIM is banned. I find that hard to believe because when you sent magazines and they were returned, the Sergeant who spoke to me checked into it and specifically told me MIM was not on the banned list. Still, in the documentation they refer to a memo from 2006.

Furthermore, the Trust Officer told me that anything over $50 has to be approved by Squad in advance. My donation was way below the $50 mark to go to Squad, yet before responding back to my request, my Counselor forwarded it to Squad. So yes, the Trust Office was just deflecting my question.

In the recent events of hunger strikes I think these pigs are getting petty and they are bringin up their repression tactics by stripping out all property from those who participated. Sending you money from my account seems to be out of the question for the time being.

The policies regarding donations is actually simple. As it states in Title 15 Section 3240.1 Donations, “Inmates may with permission of the institution head make voluntary donations from their trust account funds for any approved reason or cause. Permission shall be denied if any of the following exist: (a) There is evidence of coercion. (b) The inmate’s trust account balance is less than the amount of the proposed donation. (c) The inmate is mentally incompetent. (d) The proposed amount of the donation is less than one dollar. (e) The reason or cause advocated could jeopardize facility security or the safety of persons.”

None of the above pertain to the case at hand. It is an illegal stretch of the policy for this donation to be denied.

MIM(Prisons) Legal Coordinator adds: Recently, there has been much discussion and some legal challenges to the law stating that corporations are people with the rights to free speech in the form of unlimited spending on political causes. Incidents like this beg the question, are prisoners people? Do they have the rights promised to people in U.$. law? The stories printed in ULK tend to support the answer as “no.”

Regarding the alleged ban on MIM, on July 12, 2011, Appeals Examiner K. J. Allen, an employee who investigates Director’s Level Appeals, stated in an appeal decision to a prisoner,

“While Maoist International [sic] Movement publications were previously disallowed based upon the direction of CDCR administration staff, the publications are currently not listed on the Centralized List of Disapproved Publications. Thus, a blanket denial on all such publications is inappropriate, and the institution must process the appellant’s mail in accordance with applicable departmental rules/regulations.

“As with all publications, the appellant’s mailing must be reviewed and evaluated on a case-by-case basis in accordance with all departmental regulations. Unless this specific Maoist International Movement publication is considered contraband, as noted within the CCR 3006, the publication shall be issued to the appellant and/or allowed to be ordered and received.” (When citing this Director’s Level Appeal Decision, it may be helpful to use IAB Case No. 1020001.)

The Director’s level is the top of the top within the California Department of Corrections and Rehabilitation (CDCR). A decision made at the Director’s level would generally apply to all facilities and all prisoners in the CDCR system. When the author of this article cited the above Director’s Level Appeal Decision in defense of h donation to MIM(Prisons), s/he was told to omit it from h grievance because it “belongs to another inmate.” How a Director’s Level Decision simply re-explaining and re-correcting a CDCR practice can “belong” to only one prisoner is beyond reason.

In ULK 24 we put a call out for donations to keep Under Lock & Key functioning at its current capacity. When a prisoner is unable to send a donation to MIM(Prisons), the prison administrators are limiting our ability to publish and send out literature, thereby illegally limiting our (and the donating prisoner’s) First Amendment right to free speech. When they cite a defunct memorandum to limit donations, it is even more egregious.

At least one persyn in the CDCR’s Director’s office made at least one correct decision, at least once. We encourage our comrades to continue grieving and re-grieving the defunct 2006 ban of MIM Distributors up to the top, and take it to court if necessary. To help in this process, we’ve put together a history of the ban with quotations for specific facilities. We are sending out this Censorship Guide Supplement for California to help prisoners hold administrators to their word. Write in to get it.

Peace, comrades in the struggle! First and foremost the South Carolina Department of Corrections (SCDC) is a modern day slave plantation. Being political is a crime within itself because once I became aware of the truth then the system considered me a threat. I’m a Black man in solitary confinement due to my passion to stay alive and I strive to use this time to analyze my legal problems and how to continue to educate myself.

I write this so-called law library to request certain law books and other legal material but I’m being denied because the law library is not up to date and lacks current books we need. Not only that, the SCDC has designated a ban on all magazines, newspapers, books, photos, etc. that come from outside sources, whether it be from publishing companies or organizations. In Special Management Unit (SMU), where prisoners are housed 23 hours a day behind a locked door, SCDC mandates all above material must come from its institutional library, where no newspapers or magazines are allowed, period. Only the inadequate out-of-date law books and library books. Because of this ban many people suffer from lack of information and educational material and legal material.

So I reached out to receive The Georgetown Law Journal 2010 Edition from Georgetown Law. I was denied permission to purchase that journal out of my own funds. Then I wrote to Prison Legal News, South Chicago ABC Zine Distro, Justice Watch, Turning the Tide, the Maoist Prison Cell, the National Lawyers Guild and the Center for Constitutional Rights. All these organizations sent me material but I was denied access to have the material and it was sent back because of the so-called policies OP 22.12 and PS 10.08. These policies can be downloaded on the SCDC website.

I have limited information I can use to fight oppression as a whole. I have offered my problems at the hands of my oppressor to hopefully serve as a springboard for further war against oppression. Times do get hectic because recently I was placed in a full restraint chair off the words of another prisoner’s statement! I am aware of some cases that deal with censorship, so I’m doing my research the best way possible even though the law books inside the library don’t have cases past 2001!! And the thing about it is the mailroom staff have a list of names of publications that aren’t allowed to send mail to this institution. She has no education in security besides searching mail for contraband. Of course I’m aware of the Prison Litigation Reform Act; that’s why I am going through the grievance procedures now. I will continue to fight this system and hopefully my voice will be heard outside of these walls.

SCDC has no educational programs so it’s more about self-education, but as you see I’m limited on that also. They have even started feeding prisoners in here two meals on Saturday and Sunday due to so-called budged cuts, but Monday through Friday we receive three meals per day. This is a very hard battle but my will is to survive physically and mentally until there’s no fighting left. I hope you can continue to send me updated info because I can receive up to five pages of material printed out like the Censorship Pack you recently sent. Thanks for your support.

MIM(Prisons) adds: We don’t like to echo the common accusation that U.$. prisons are modern day slavery because it is misleading about who is being put in prison and why. Yet, we can’t deny that the repression of basic education in South Carolina seems to be very similar to the slave days. This is above and beyond what most U.$. prisoners face in 2011, and is straight up doublespeak for an organization that claims in their mission statement that “we will provide rehabilitation and self-improvement opportunities for inmates.”

I received a letter from an attorney which the High Desert State Prisons intercepted and allegedly “returned to sender” on October 14. I received an official “rejection” notice for that legal letter which stated “disallowed letter that encourages inmates to form a hunger strike and plan to disrupt the order of this facility.”

Now, here’s what I don’t understand, if this was indeed a legal letter, from a legitimate attorney, how did they know what was inside the envelope unless they illegally opened it outside my presence? I am in the process of trying to obtain copies of the “rejection notice,” at which time I will appeal the issue.

MIM(Prisons) adds: This sort of illegal censorship is rampant in Amerikan prisons and especially problematic in California where we have faced repeated bans on MIM(Prisons) mail because of our revolutionary politics and advocacy for prisoners. In the case of the recent Hunger Strike in California, it appears that most mail mentioning the strike was censored while prisoners were engaged in this important struggle. And in some cases the Institutional Gang Investigator (IGI) used these letters as supposed evidence of gang activity on the part of the prisoners to whom they were addressed.

During this second hunger strike it seems the prison system is working overtime making itself look stupid so the outside world can really see what we’re dealing with. They are making it clear what we prisoners fighting for reasonable changes have to go through in order to bring attention to our inhumane conditions.

On September 29, 2011 they placed all of us strike representatives in Ad-Seg (isolation) on “H” row. Prison officials within CDCR were feeding propaganda to various news media that we representatives in the hunger strike are the prison gang generals, crime bosses, who are forcing prisoners around the states to not eat.

They hate to admit prisoners have had enough of these repressive inhumane conditions and want to be treated like a damn human being with some respect.

On October 5, 2011, a few of us were released from Ad-Seg. I hear the others were released a little later after CDCR officials put things in writing. I understand the 4 main representatives have actually read the writings. I hope to get a copy to share among the other prisoners that stood tall in this strike.

CDCR officials have begun retaliating by giving prisoners CDC 115 disciplinary infractions for partaking in a non-violent peaceful strike. CDCR officials actions simply say we prisoners do not even have a constitutional right to refuse to eat. We will see if a federal court will find CDCR actions were retaliatory and violate our first amendment.

I received a notification that MIM(Prisons) has been banned. These folks here are a joke and violate laws at will.

MIM(Prisons) adds: It’s no coincidence that this prisoner is facing repression for activism and having his MIM(Prisons) mail banned at the same time. As activists, and especially revolutionaries, grow in our influence and organizing power the systems we oppose become more threatened and respond with more repression.