Under Lock & Key

We rely on information directly from prisoners and returned mail to track our censorship. For the 2011 reporting year, only 72% of all mail was not reported as censored or received. This is a big improvement from last year’s 83% unreported mail status. We see two causes for this change. One is that we stopped giving everyone who wrote to us automatic 6 month subscriptions, and instead required confirmation of receipt (or censorship) of a sample issue of Under Lock & Key first. This not only reduced the amount of mail we sent in by 30% from last year, but pushed those who wanted Under Lock & Key to confirm receipt of the sample issue, doubling the amount of people reporting receiving ULK.

Another contributing factor to the high reporting rate is the institution of Unconfirmed Mail Forms, which is a short form we send out to encourage individuals to report the mail they’ve received. We primarily send these forms to people we suspect are experiencing censorship of our materials. Even if you don’t receive one of these forms, you should still tell us everything you have gotten from us since the last time you wrote. Since we ask about the entire history of mail we’ve sent in, not just in this reporting year, the institution of the Unconfirmed Mail Forms (UMFs) has improved our stats on past years as well. In the last year we’ve improved the amount of mail unreported for the July 2010 Report from 83% to 78%. We plan to continue using UMFs to better assist in tracking our censorship.

Like we reported in MIM(Prisons) 2011 Congress Summary and Resolutions, in the past six months we have been focusing our resources on building cases and recruiting lawyers rather than writing letters to administrators. Most of the victories in the fight against censorship come from prisoners filing appeals and defending Under Lock & Key in hearings. MIM(Prisons) plays a supporting role in ensuring that the administrators know that someone on the outside is paying attention and publicizing their illegal actions. So while it is not of vital importance that we write these letters, it has still helped overturn censorship in enough cases that we find it worthwhile to pick up this task again.

Victories

A major victory was won against Dona Ana County Detention Center in Las Cruces, New Mexico this year. A prisoner won a partial settlement for censorship issues. The settlement names MIM Distributors and Under Lock & Key and is in favor of prisoners’ rights to receive “copied” material. If you are experiencing censorship for copies, write in for this information.

Red Onion State Prison in Virginia has been notorious for censoring Under Lock & Key to the point where we haven’t heard of our newsletter getting in since issue 5 (November 2008). The Final Call and Prison Legal News both won settlements in favor of getting their newsletters into Red Onion in recent months. Since the treatment of The Final Call and PLN was similar to the treatment of ULK, we are hoping that those settlements will impact how ULK is received at Red Onion. This is yet to be determined.

Changes

A reasonable expectation for our anti-censorship work is that when we win a victory in a state, we should either continue to have victories there or no longer experience censorship. Of course this expectation wouldn’t apply if the conditions within the state change and become more repressive. In the cases of New York, Illinois and Colorado there have been victories in the past but only censorship without victories in this reporting year. In Illinois and Colorado, some victories have been connected to outside pressure put on by MIM(Prisons). This leads to the logical conclusion that victories would be more likely if we continued to apply this pressure.

In New York there doesn’t seem to have been a connection between outside pressure and victories. Those reversals in censorship came strictly from the hard work of New York prisoners fighting for their own rights. We are unsure if the current lack of victories is due to a change in conditions in the NYDOCS or a lack of prisoners fighting censorship.

There is a hunger strike happening in Pelican Bay State Prison in California that is well under way. In June 2011 we heard word that our mail had recently started getting in just prior to the start of the strike after experiencing major censorship there for years. In the last year 44% of the mail we’ve sent into Pelican Bay has been confirmed as received (13% confirmed as censored), compared to the previous reporting year’s 25% received (57% censored). Hopefully the hunger strike will be successful in granting people held in PBSP their five core demands, including an end to mail tampering.

Future Struggles

While we try to win as many victories as possible through writing letters, if a facility or state won’t follow the law, then it eventually becomes necessary to take them to court. Due to our limited resources and time, we encourage the prisoners affected by the censorship to fight the issue as far as they can. In Arizona we came to one of these brick walls related to the censorship of a study group assignment for “promot[ing] racism and/or religious oppression” without containing any words that refer to race or religion. We reported on this issue in Under Lock & Key 18 and are still struggling to find a lawyer that will take on this important case.

And yes, mailroom staff in California are still clinging to the 2006 memo banning MIM Distributors, which was nullified in a settlement between Prison Legal News and CDCR way back in 2008. Can you believe it? The California institutions that are still favoring this method of censorship are Deuel Vocational Institution and Pelican Bay State Prison.

In Salinas Valley State Prison in California, rather than citing the overturned memo, the Warden creatively assures us that the staff was new at the time and have now been retrained, or claim to simply not see mail from MIM Distributors arriving there. This is completely bogus considering we consistently send in ULKs every time there is a new issue, in addition to persynalized letters and other literature. When we called the Warden out on the fact that there was no change after the “new staff” was “retrained,” he simply baselessly told us there is no censorship and “no evidence the mailroom staff are negligent in their duties or MIM Distributors mail was illegally tampered with as you claim.” No shit, there’s no evidence if you just throw the mail in the trash! While some mail gets into SVSP sometimes, they are still highlighted on our list of brick walls we are determined to break.

In Nebraska the ACLU has picked up on censorship of our materials and has been doing research, writing letters, and may eventually file a suit on behalf of MIM Distributors and the prisoners facing censorship. They have reviewed most if not all issues of Under Lock & Key and have determined that “the prison is violating both [MIM(Prisons)’s] First Amendment rights and the rights of the prisoners.” We are excited to be working with the ACLU to hopefully set a precedent in Nebraska that protects people held there against censorship. We encourage any lawyers on the outside to follow their example and get with MIM(Prisons) to fight censorship in prisons!

I am an American Indian here in California Correctional Institution who has had all the problems with the 602 grievance procedure here. The so-called Appeal Coordinator, K. Sampson, has repeatedly (16 times!!!) sent my appeal back to me because of complete bullshit reasons. So I wrote to your legal clinic, and you provided me with an awesome petition to send to the director about my, and all of our, appeal issues. Thank you!

But again I, and all of us on my side, have run up against a potential problem. I took the petition to the law library and the CO refused to copy it. Even when I signed a trust withdraw slip to pay for it myself! She told me that the petition was all crap and that I should be written up for simply having it. She tried to take it from me. I had to “cause a scream” and get at a sergeant finally who gave it back to me. He told me he knew that our 602 process was crap and good luck! You believe that?!?

Is there any way that your office can please send me enough for at least the 10 very good people on my tier? Every single one of them was very impressed and wanted one of the petitions for unjust grievance procedures appeals process. Everyone wanted to loan it from me to get it copied, but our law librarian refuses to allow us to copy the petition. She told me if I didn’t like her decisions to “appeal it” and then laughed in my face!

Thank you so much for everything you have done to help me further the struggle and get out of this U.$. gulag.

MIM(Prisons) adds: Write us to get a copy of the grievance petition for your state if you reside in California, Missouri, Oklahoma or Texas, or a generic petition that you can customize for your state if you are anywhere else.

MIM Distributors,

It is always my pleasure to reach out and re-establish lines of communication. I hope that you all are in the best of God’s care. One can never be too sure in this line of work. I’m well, as i get ready for this July 1 2011 hunger strike for the cruel & unusual treatment we prisoners held in solitary confinement have endured. All the same it is an enduring struggle that we must fight in order to change our reality.

I am writing because i need you all to forward me that issue dated in the month of June 2011 called Under Lock & Key, because I did not receive it. So if it’s possible that I can get a back issue I would sincerely appreciate it.

Now, I look forward to re-opening the lines of communications because although it’s not been my thought that they were cut off we are beginning to track it better, so it’s all good sometimes.

Sincerely,
a California prisoner

MIM(Prisons) adds: This writer hadn’t heard from us in over two years due to censorship in California. But as the hunger strike approached, the staff at Pelican Bay State Prison were on their best behavior. While the strike organizers were already having sit-downs with the Warden’s office before the strike began, censorship has eased for the many organizations that struggle to get their mail to those being held there. A month ago, staff claimed to not even know their own policies in attempts to censor our mail. But the prisoners’ struggle has already had an impact of loosening their attempts to isolate us from each other.

I am currently fighting censorship by the Wisconsin Department of Corruption. I have many outside contacts who are willing to do legal internet searches, type up legal briefs and make copies of legal documents for comrades here in prison. Due to this, the WDOC has found themselves trying to restrict the flow of free legal help coming in to the prison. This help jeopardizes their industrial prison complex and jeopardizes the identity of their snitches. The WDOC is now using a “security concern” excuse to deny me any correspondence that “pertains to the personal legal information of another inmate.” This violates the law and their own established policies and procedures. The WDOC believes they are above the law. The WDOC is more concerned about keeping the identity of their snitches private, although they will never admit this. I will continue to fight against this and all censorship in this injustice system.

MIM(Prisons) adds: Illegal denials of mail are just one of the tactics used by the criminal injustice system to make our struggle more difficult. Persistence from comrades like this one is key to the few victories we do win. And this persistence will be necessary over the long haul as we build a movement to take on the larger imperialist enemy to put an end to the oppression and exploitation of capitalism once and for all.

I am writing this article in response to the article in ULK 20 entitled “We must fight ULK denials.”

Brothers and sisters, mothers and fathers, grandfathers and grandmothers of ULK, we have to take a stand against the oppressors. Not by rioting, physically fighting, or boycotting but by means of communication. The same way the officers banned together we should put our differences to the side and unite as one!

I have 17 years in the special housing unit (SHU) mostly for fighting the oppressors physically and with my pen’s ink. I’ve caught two new bids for going at it with the oppressors. One bid was a 2.5 to 5 years and the second bid was a 7 year flat 5 year post.

What I did is not important, but why I did it is, I did it because too many comrades were being violated. We have the right to be free of cruel and unusual punishment.

Also I don’t know about the rules in the Texas DOCS, but here in New York state when we’re locked down (which I am right now) we’re given 1 hour out of cell recreation everyday of the week. So what should happen is whether everybody gets along or not, whoever is in this “close custody” should grieve the issue. The oppressor might fuck with five of those grievances but they won’t fuck with everybody’s grievance. It will be too suspicious.

Every ULK I get the mailroom got something to say about it. With ULK 20 they said the articles on pages 3, 10, and 13 (continued from 3) posed a threat to the safety and security of the facility. Those articles were entitled “Light of Liberation” and “NJ Avalon Crip signs on to UF Statement.” So once again they’ve taken our right of freedom of speech, the 1st Amendment and swept it under the “security risk” rug, just like the other comrade stated. So let’s stand together as one and “take” our rights back.

So remember comrades, yes we’re imprisoned but we still have rights!

MIM(Prisons) adds: Unity in the fight against oppression is a key element of this fight. As this comrade says, we need to put aside our differences to join forces against a common enemy. Filing grievances is a good way to get this fight going, and we have initiated a grievance campaign to help prisoners fight grievance denials. Write to us for a copy of the letter and petition.

This is a follow-up article to the We Must Fight ULK Denials article I wrote, published in ULK 20. For my comrades who follow the news published in ]ULK, you will recall that I was denied my right to receive ULK issue 18. I am now sitting here writing this article with issues 19 and 20 in front of me.

After being denied ULK issue 18, I sent the publication and denial form to the Directors Review Committee (DRC) for an appeal of the denial of the publication. As I said in my last writing, if you do not do this, at least in the Texas prison system you will enable the mailroom staff to keep denying the publication. It gets placed on a ban list and is no longer allowed. Sure if you choose to appeal, you may lose then the publication will still be denied to our comrades. But what if you win? If you win you not only win an appeal against the system, you also win for all our comrades united in this movement.

I was never given a response from the DRC on my appeal, and I still did not receive the issue of ULK that I appealed in the first place. However, since the appeal I have received two other issues of ULK along with other correspondence from MIM(Prisons). It may not seem like much and maybe some who read this will say to themselves, “if you didn’t get an answer from the DRC and you didn’t receive issue 18, then how did you win?” That is the kind of thinking these people in control want us to have. They don’t want us to win or even think that it’s possible for us to win in our struggle. This victory is just a stepping stone for future victories. It has provided the necessary paper trail for future action.

I know that my fellow comrades see the point I am making. I also understand that not all prisoners understand or even want to understand the importance of fighting for a cause. But to my brothers and sisters united in struggle let this be a stepping stone and encourage us to keep punching back. Remember, you cannot win if you don’t fight.

I am writing this article to encourage and support my fellow prisoners to appeal the publication denials for Under Lock & Key. Don’t give up in our fight for our rights. By not appealing the denial you are also stopping other prisoners from a chance to receive the above mentioned newsletter that many enjoy reading.

I am housed in the “close custody” section at a high security prison farm in Texas. We are always having our rights taken away here on “close custody.” Don’t know about General Population (I’ve never made it there, due to the constant harassment of the officers in charge here) however, I am sure that just like any other prison, things are not too much different.

I’m restricted to a two-man cell, 24 hours a day with no movement. Everything comes to you. What a privilege, right? I don’t feel so privileged. We are allowed recreation only when staff feel like coming to their jobs to work. If you’re not on recreation restriction, you may go to rec once a week. If you are a prisoner on rec restriction, and most are here on close custody, then you may see the “yard” once every two months. We receive the same excuses that I’m sure all prisoners have heard, “we are understaffed and short-handed.” Although, lately it has been due to the “fog” which they say is a security risk. The rec here on “close custody” is separated into six cages, under a concrete roof. How exactly does the fog pose a threat in this situation? To me it is just another way to take away our rights by sweeping another excuse under the “security risk” rug. Which brings me to my point that we have to continue fighting for our rights.

On 25 February 2011 I was notified by mail room staff that my publication of Under Lock & Key was denied and I wouldn’t be receiving it. The reason given was “page 10 contains material of a racial nature.” Now who’s rights are being violated? What happened to “freedom of speech” in America? There was also a box checked that reads: “It contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to breakdown prisons through offender disruption such as strikes, riots or security threat group activity.” Sounds like another excuse swept under the “security risk” rug. Don’t you agree?

Although imprisoned, we do still have rights, but only the ones we continue to fight for. When asked, “do you want to appeal this denial?” always appeal, if not for yourself for the others on lock. You cannot win if you don’t fight.

On 4 February 2011, I received a Memorandum and Order regarding the Motions of Summary Judgment on the suit that I filed on two issues of Under Lock & Key (February 2008 and September 2008) that were censored, and four pamphlets from Kansas Mutual Aid (KMA). In short, summary judgment was granted on the two ULK issues.

On the February 2008 issue, the court ruled that “the first article in the publication discusses the rate of imprisonment across the United States for different races. Other articles highlight how the prison system is otherwise unfair to African-Americans and promotes ‘modern day slavery.’” On the September 2008 issue, the court concluded that “the publication does appear to encourage prisoners to ‘fight back’ and ‘unite against the unjustice [sic] system.’” Of course, the court took these statements out of the context in which they were written and implied.

When the order was received, I was doing a 30-day hit in Administrative Segregation without any of my legal materials and didn’t have the opportunity to file a notice of appeal. At the same time, the Federal 8th Court of Appeals has consistently ruled against us on these issues and most likely would have upheld the lower court’s ruling and hit me for another $455 for filing the appeal.

Their Motion for Summary Judgment on the four KMA booklets was denied without prejudice and they were given the option to file another pending further information. They have subsequently filed said motion and, because of the way the courts have already ruled, I expect that the court will grant their motion. I really don’t expect this case will proceed further, although I am going to file a motion in opposition to their motion for summary judgment.

A tactical victory would have certainly been a good thing. On the same token, a lesson still comes out of this – that comrades must not be thinking and acting as though we are really protected by the U.$. Constitution, state and local statutes, and the myths and lies fed the settlers and colonies of the empire about Amerikkkan “democracy” and other such nonsense.

I will however continue to fight any new instances of censorship that may arise and continue to agitate, educate and organize on this and other issues.

MIM(Prisons) Legal Coordinator responds: Here the 8th Circuit Court of Appeals – which governs the states of Missouri, Minnesota, Iowa, Nebraska, Arkansas, and the Dakotas – has protected a censorship incident which might otherwise be deemed illegal in another Circuit or at the Supreme Court. Thornburgh v. Abbott, 490 U.S. 401 concluded that “Wardens may not reject a publication ‘solely because its content is religious, philosophical, political, social[,] sexual, or . . . unpopular or repugnant,’. . .” In the 9th Circuit, “Prison authorities cannot rely on general or conclusory assertions to support their policies,” Walker v. Sumner (9th Cir. 1990) 917 F.2d 382, 385, and “Unsupported security claims couldn’t justify infringement on First Amendment rights,” Crofton v. Roe (9th Cir. 1999) 170 F.3d 957. Facts in Under Lock & Key on the reality of the Amerikan prison system are no different than what one would find in any halfway decent mainstream newspaper. Any connection one might claim between these facts and a “threat to the security of the institution” is absolutely unsupported, conclusory, and based on gross generalizations.

Anyone who has read one full issue of Under Lock & Key knows that the reason given by the 8th Circuit Court of Appeals for denying the February 2008 issue is taken completely out of context, like this comrade says. MIM(Prisons) is constantly putting forth the line that armed struggle under unfavorable conditions should be avoided if at all possible; any fighting back we may advocate is only within legally acceptable means, like lawsuits. More clearly explained in Under Lock & Key issue 7 (March 2009),

“MIM(Prisons) only engages in and promotes legal means of combating injustice. When the prison staff represses every educational and legal outlet for prisoners to redress their complaints then it is clear what kind of strategies they are promoting. In those prisons, we predict there will be violence, and they cannot blame it on us because they have kept us out. This is similar to what we say about all struggles for justice around the world. We believe violence is necessary to end injustice because history has demonstrated that the oppressor never stops oppressing any other way. We do not want or promote violence, we are merely stating our conclusion from reading history. In every case of revolutionary war, it was up to the oppressor to decide whether violence was used or not. History shows that the same has been true in the prison rights movement; the struggle for prisoner rights has only become violent when the state initiated such violence.”

Regarding the censorship of the September 2008 issue for calling on prisoners to unite against injustices: anyone who has read a few issues of Under Lock & Key knows that unity against the injustice system is the quickest way to reduce violence in prisons and on the streets. The article Peace in the Streets, also from ULK issue 7, shares a bit of the history of the many efforts made by lumpen organizations to join together for peace, and the efforts of the pigs to shut it down. In 2006, the Pelican Bay State Prison Peace Talks were underway in Crescent City, California; “I was able to bring all relevant parties to the table, a peace plan was adopted and a cease fire was implemented.” There, also, the pigs undermined the unity.(1)

More recently, comrades all across the country have come together to develop and sign on to the United Front for Peace in Prisons. This United Front (UF) is an effort to stop the unnecessary killings and divisions in the prison environment which lead to our destruction. Interestingly, one of the points of unity of the UF is Growth, with emphasis on education. The pigs don’t recognize this, but we know from experience and our study of history that political education leads to peace amongst the oppressed. Far from being censored, Under Lock & Key should be distributed widely to prisoners in the United $tates, because it will have a direct impact on the safety and security of the actual people in the prisons every day, including the guards.

This comrade has adopted a positive and correct attitude in the face of disappointment and censorship. Even though s/he is unable to receive these two issues of Under Lock & Key, s/he has not lost h commitment to apply science to strategy; h Plan B isn’t to lash our or give up. More of us should follow h example and put science and the study of correct strategy, not emotions, at the forefront of our political work.

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