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Under Lock & Key

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[Religious Repression] [Civil Liberties] [North Carolina] [ULK Issue 63]
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Judge to North Carolina Prisons: Humanism is a Faith Group

As of March 2018, the North Carolina prison system must recognize humanism as a faith group, allowing its adherents locked within the imperialistic belly of the beast the opportunity to meet and study their beliefs, a federal judge has ruled. The American Humanism Association, and a prisoner with a life sentence, sued state Department of Public Safety officials in 2015. Prison leaders were accused of violating the religious establishment and equal protection clauses of the Constitution by repeatedly denying recognition. U.S. District Judge Terrence Boyle (Eastern District NC) wrote that prison officials failed to justify treating humanism differently from those religions already recognized within the walls of oppression. Humanist prisoners have the same Constitutional rights to study and discuss their values as a group — non-theistic.

Since Judge Boyle's ruling, some individuals have reported to Convicts of Righteous, Reform and Liberation (CORRAL), that they are faced with harassment — cell property searches up to eight times a day, water being turned off, mail delayed, and structure issues. One of our board members spoke with the "admpigs", providing a copy of this ruling. And we have been able to establish some middle ground.

CORRAL is a united group that non-violently addresses issues affecting those incarcerated. MIM has been instrumental in our quest, and we are proud to be in association. We developed our study group and board. We have three chapters. "Imperialism must be defeated", so we do our part. Our motto: "Conscience stimulation, comes from education — which propagates liberation!"

MIM(Prisons) responds: This is a progressive victory for prisoners in North Carolina. One of the strategic areas our movement focuses on is defending the Constitutional rights of affiliation and association of prisoners of the United $tates. This is particularly good news in the context of protecting the rights of humanists to come together and discuss their values and beliefs. The first line of the Wikipedia page on humanism reads, "Humanism is a philosophical and ethical stance that emphasizes the value and agency of human beings, individually and collectively, and generally prefers critical thinking and evidence (rationalism and empiricism) over acceptance of dogma or superstition." While there are many forms of humanism and many insightful critiques of it, in general it is a belief in progressive change at the hands of humyns.

Source: Gaston Gazette
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[Civil Liberties] [Political Repression] [Censorship] [Federal] [ULK Issue 61]
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Feds Ban MIM(Prisons) on CorrLinks, Disregard 1st Amendment

fists

On 15 March 2018, MIM(Prisons) received dozens of emails from corrlinks.com, a website used by some U.$. prison systems to provide email access to prisoners. All were from the Federal Bureau of Prisons, and read in part:

"This message informs you that you have been blocked from communicating with the above-named federal prisoner because the Bureau has determined that such communication is detrimental to the security, good order, or discipline of the facility, or might facilitate criminal activity."

It has long been established that it is legal for staff to open and read mail sent into prisons, and to not allow such mail that might pose a threat to safety like communicating information on plans to hurt someone or commit a crime. Quite frequently, publications and even letters from MIM(Prisons) are censored by prison staff for being a threat to security. Legally, this must be based on the content of that mail or publication containing information that poses a direct threat. In practice it often is not, and sometimes we can fight those battles and win.

What the Federal Bureau of Prisons is trying to say here is that members of MIM(Prisons) are not allowed to communicate or associate with prisoners they hold captive, regardless of the content of those communications. This is of course a violation of U.$. law and founding principles. (for more background on related laws and court rulings see our censorship guide)

Such blanket bans have been attempted in the past. Sometimes openly like this one, or like the ban in California, which ended after an out-of-court settlement with Prison Legal News because, well, the CDCR knew what they were doing was illegal. MIM(Prisons) is submitting appeals to this and will update our readers. In the meantime our comrades in federal prisons should continue to contact us via postal mail and keep us updated on censorship on their end.

Electronic Communications

There have been some recent discussions around the use of electronic communications and devices within U.$. prisons and how comrades should approach them. While CorrLinks has been around for some time, more recently prisoners in many prisons can purchase tablet computers for persynal use. Just as we warn people in general about how they use these technologies, those warnings apply even more to prisoners. While the internet provides opportunities for anonymity and free flow of information, this is not really true for the services provided by the state to prisoners. So there is little benefit, and much risk in terms of surveillance and control over a persyn's communications from within prison when using these tools. Thanks to profiteering, we are not even aware of any email services for prisoners that don't charge ridiculous rates.

In general, technology does offer solutions, that are at times better than what we can achieve in real life interactions in terms of both security and thinking more scientifically. To look at some principles of communication that we can apply both online and off, we will look at Briar (briarproject.org). Briar is still in Alpha, and only currently available for Android OS, but has received promising security reviews so far. Briar is an interesting example, because it addresses decentralization, cryptography and anonymity.

One of the biggest problems with the internet today is the centralization that a handful of multinational corporations have made of the traffic on the internet by locking people into certain services. When it comes to email, prisoners have little choice but to use the CorrLinks, centralized service, and face potential bans like this one. On the internet, centralization of activity on certain platforms allows the corporations on those platforms to decide what a majority of the population is seeing, who they are communicating with and when they are no longer allowed to communicate. With Briar, in contrast, one does not even need an internet connection to set up a network of communication with your associates. And even with the internet, each client serves as a node on a decentralized network, so that there is no one powerful persyn who can decide to shut it down. This same principle is applied in real world organizing, where an organization is decentralized to avoid being paralyzed if an individual is removed or repressed.

On the internet, we also have a problem of information being available everywhere to almost anyone. It is only recently, with many hacks and data breeches, that people are beginning to realize that encryption is necessary to protect even peoples' basic information. Such information has been used to falsely imprison people, to steal identities, and to just target and harass people. In the real world, people know to talk quietly about certain things, or talk about plans for building peace when that C.O. who is always instigating fights isn't around, etc. On the internet there is the potential for all information to be available for an indefinite period of time, to potentially anyone. So suddenly everything needs to be said in a whisper, or in encrypted form as Briar and other software does.

Related to encryption is anonymity. Whenever one goes online, one must have an IP Address that tells the other machines on the network where you are so they can send you responses. This IP address (typically) is linked to a real world location and often to a specific machine. Previously we have talked about The Onion Router(Tor), which works to hide your IP Address. When on the internet, Briar operates through Tor, when connecting to others on the network. This provides for anonymity. Anonymity does not have as strong parallels in the real world, but might be like putting up fliers in the middle of the night or marching in a protest with a mask on. This is an advantage of the internet. If done properly, we can spread information anonymously, and without fear of reprisal. In addition, anonymity on the internet allows us to share information without the biases that we come across in real world interactions. The internet can be a tool for people to think more scientifically and judge ideas for their merit and not for who is saying them.

As the above example shows, we cannot trust the U.$. government to just obey its own laws and not repress people for their political beliefs. We must continue to stand up to such political repression, while building independent institutions of the oppressed that allow us to continue to organize for a better tomorrow.

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[Political Repression] [Civil Liberties] [California] [ULK Issue 61]
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CDCR Uses Prop. 57 as Leverage Against Prisoner Organizing

It has been brought to my attention that the California Department of Corrections and Rehabilitation(CDCR) is trying to propose changes to family visiting regulations. By using Proposition 57 as leverage to divide the masses, this policy is discriminatory towards our comrades who get family visits. This policy does not reduce violence, and/or decrease contraband and/or promote positive behavior and/or prepare you for a successful release or rehabilitation as claimed in the CDCR proposal.

In a recent announcement of proposed policy changes to the telephone system and family visiting eligibility, the CDCR issued the statement: "All inmates are encouraged to continue with positive programming and to not participate in any mass strike/disturbance. These types of disturbances impact the many programming opportunities for rehabilitation and reduction in sentence afforded by Proposition 57."

This new policy is trying to discourage the masses from using their constitutional right to peaceful protest, by pitting those working for sentence reductions under Prop. 57 against those organizing for justice and change. CDCR is back with their reactionary divide and conquer ideals. CDCR is a functional enemy of using the word rehabilitation. CDCR will never produce justice or correctness toward their captives. So I ask this question to the masses: Does Prop. 57 support us or does it help CDCR maintain and expand a repressive system against captives?

CDCR is abusing Prop. 57 and using it as leverage and against all organizing activity. This direct or indirect association of Prop. 57 to family visiting and discipline of prisoners promotes confusion and non-justice. The people who voted for Prop. 57 did so with the intent of trying to do justice to correct a broken system. They intended to return humyn beings to their families.

Without justice, there is no life in people. Without justice, people do not "live", they only exist and that's good for CDCR. (Wake up comrades!) I have one message for CDCR, "Where there is justice, there is peace."

[Proposition 57 was passed by California voters in November 2016. Its main purpose is to make it easier for prisoners with non-violent convictions to get a parole hearing, and allow prisoners who are not lifers or on death row to earn good time and earlier release through programming.]
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[Censorship] [Civil Liberties] [ULK Issue 58]
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Censors in Their Own Words - September 2017

U.$. imperialist leaders and their labor aristocracy supporters like to criticize other countries for their tight control of the media and other avenues of speech. For instance, many have heard the myths about communist China forcing everyone to think and speak alike. In reality, these stories are a form of censorship of the truth in the United $tates. In China under Mao the government encouraged people to put up posters debating every aspect of political life, to criticize their leaders, and to engage in debate at work and at home. This was an important part of the Cultural Revoluion in China. There are a number of books available in this country that give a truthful account, but far more money is put into anti-communist propaganda books. Here in Amerika free speech is reserved for those with money and power.

In prisons in particular we see so much censorship, especially targetting those who are politically conscious and fighting for their rights. Fighting for our First Amendment right to free speech is a battle that MIM(Prisons) and many prisoners waste a lot of time and money on. For us this is perhaps the most fundamental of requirements for our organizing work. There are prisoners, and some entire prisons (and sometimes entire states) that are denied all mail from MIM(Prisons). This means we can't send in educational material, or study courses, or even supply a guide to fighting censorship. Many prisons regularly censor ULK claiming that the news and information printed within is a "threat to security." For them, printing the truth about what goes on behind bars is dangerous. But if we had the resources to take these cases to court we believe we could win in many cases.

Denying prisoners mail is condemning some people to no contact with the outside world. To highlight this, and the ridiculous and illegal reasons that prisons use to justify this censorship, we will periodically print a summary of some recent censorship incidents in ULK.

We hope that lawyers, paralegals, and those with some legal knowledge will be inspired to get involved and help us with these censorship battles, both behind bars and on the streets. For the full list of censorship incidents, along with copies of appeals and letters from the prison, check out our censorship reporting webpage.

North Carolina fears ULK promotes insurrection

Doug Pardue, Chair of the North Carolina Department of Public Safety's (NCDPS) Publication Review Committee (PRC) censored ULK 55, for the article "Regarding Daily Body Searches", stating that it "promotes insurrection." After appealing this censorship, Director of Rehabilitative Programs and Services upheld the decision citing these lines:

"Persynally I believe that we should shut down all movement but still go to Yard, programs and accept our food. Just make the pigs do all the work... the only way we know how to deal with an opposition is thru the motion of our resistance."

Ms. Sullivan writes, "These statements could possibly lead to insurrection which is a violation of our policy on publications." Apparently insurrection is a passive activity, and peaceful protest is a threat to institutional safety. Kind of ironic from a state that has a memorial to Martin Luther King Jr. inscribed with the following words:

..."AFRICAN-AMERICANS AND FAIR MINDED PEOPLE OF ALL RACES, ENGAGED IN MASSIVE CIVIL DISOBEDIENCE SERVED NOTICE ON THE NATION AND THE WORLD THAT THEY WOULD NO LONGER TOLERATE THE ABUSES OF AMERICAN RACISM. THE CIVIL RIGHTS MOVEMENT HERALDED A NEW ERA IN OUR COLLECTIVE RESOLVE TO ADHERE TO THE PRINCIPLES OF 'LIBERTY AND JUSTICE FOR ALL'...

Still can't stay true to MLK's message in 2017.

Last year, NCPDS censored ULK 53 for the control unit survey. This was even more surprising. Upon our appeal, Nicole E. Sullivan, Director of Rehabilitative Programs and Services upheld the decision, writing:

"[T]he issue lies in the first sentence of the article which describes Control Units in inflammatory language equating them with political repression and torture. Control Units are not used in that manner in our facilities. Such language can encourage insurrection and disorder. Therefore the original decision is to withhold delivery is affirmed."

Ms. Sullivan ruled no free speech for MIM(Prisons) because any critique of eir agency's practices might cause an insurrection.

Just recently, one comrade who had ULK 55 censored and received our appeal letter responded:

"The NCPDS is quick to make any kind of negative judgment against prisoners. A man can say 'boo' and they feel threatened. I would like to know how they can even mention this material being against the prisoners' rehabilitation, where there is no such thing as rehabilitation in the department of NCPDS anymore. If a prisoner gets any rehabilitation, he gets it on his own.

"All the classes that might have been helpful with getting prisoners any rehabilitation have been closed down. More than that, most of the time after completing the class, proof of graduation completion certificates aren't worth the paper they are written on.

"I totally agree with the analysis of the appeal letter."

Missouri bans ULK

A subscriber at Jefferson City Correctional Center forwarded a copy of eir censorship notification for ULK 56. This comrade believes the state has banned all ULK although no formal notification has been given to either recipients or MIM(Prisons). The case manager for the prison refused to give this prisoner a grievance to file so ey could not even fight the ruling.

"The Censorship Committee has reviewed materials sent to you. Pursuant to our review of this material, we conclude that the security of this institution will be at risk if the material is delivered to you within this institution because the material:
1. constitutes a threat to the security, good order or discipline of the institution;
2. may facilitate or encourage criminal activity; or
3. may interfere with the rehabilitation of an offender

"Additional comments: contains articles that could constitute a safety and security risk."

Virginia DOC denies ULK 55 for lots of reasons but nothing specific

The Virginia DOC at least followed their rules in informing MIM(Prisons) that our publication was denied. Although the letter was sent months after this issue of ULK was mailed to subscribers. And still they claim we get only 15 days to appeal!

"You are hereby advised that the following issue(s) of publication(s) sent to an offender of the Virginia Department of Corrections have been disapproved for delivery to offenders of the Department:
Under Lock & Key March/April 2017 No. 55 page 5, front cover
for the following reasons:
D. Material, documents, or photographs that emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure.
F. Material that depicts, describes, or promotes gang bylaws, initiations, organizational structure, codes, or other gang-related activity or association."

Hamilton CI in Florida censors guide to fighting censorship

In clear proof that Florida isn't reading the mail they censor, on July 20 we got a censorship notification from the Florida DOC along with the letter back that they had denied. This letter is our guide to fighting censorship in prisons. It contains information about regulations and laws, and how to appeal censorship. It's quite a stretch to consider any of the below reasons applicable to this document. More likely the mailroom is now just censoring all of our mail for these reasons.

"Your correspondence is being returned for the following reason(s):
"Otherwise presents a threat to the security, order, or rehabilitative objectives of the Correctional System, or to the safety of any person.
"Depicts, describes or encourages activities which may lead to the use of physical violence or group disruption.
"Encourages or instructs in the commission of criminal activity."

ULK 57 banned from Pennsylvania prisons for "advocating solidarity"

Apparently Pennsylvania considers any unity among prisoners to be dangerous. And so they banned all Pennsylvania prisoners from receiving ULK 57 because it "advocates solidarity." The Merriam-Webster dictionary defines solidarity as "unity (as of a group or class) that produces or is based on community of interests, objectives, and standards." Perhaps Pennsylvania hopes to keep prisoners distracted fighting one another rather than united against the abuse of the injustice system.

"Please be advised that the following publication has been denied to all inmates housed in the Pennsylvania Department of Corrections:
"Under Lock & Key, #57, July/August 2017.
"The publication was denied for the following reasons:
"Information on page 11 advocates solidarity."

Pennsylvania denies ULK for article about PA prisons

"The following publication addressed to you has been reviewed and found unacceptable for the reason(s), indicated below, based on the criteria set forth in the DC-ADM 803 'Inmate Mail and Incoming Publications' policy Section 3.E.3.
Name of publication: Under Lock & Key – July/August 2017
Volume/number: 57. b. security issues
"(4) Racially inflammatory material or material that could cause a threat to the inmate, staff, or facility security; page number(s) 21, 24.
Brief description: States that 'the strip searches in the PA DOC are only for harassment purposes and we the people need to learn to fight and take a stand against the "pigs" in the prisons' referring to the correctional officers."

Illinois claims ULK is on Disapproved Publication List

Denying ULK 56 , the Illinois DOC offered only this justification to the prisoner's appeal: "Based upon this review, the following action is recommended: Denial – The publication is listed on the Disapproved Publication List."

Georgia censors ULK for being "reading material"

ULK 56 was sent back to us with a rejection form. The reason for rejection: "Other: reading Material (denied by legal in Atlanta)".

Washington rejects ULK 57 for article by prisoners

Washington DOC sent us individual rejection slips for at least ten prisoners, all claiming that ULK 57 violates law, policy, code or rules. Rather than give specifics, they offered several rather vague reasons as justification including info on STGs, overthrowing the government, and articles by other prisoners in other facilities. It's pretty hard to fight such general claims. And in fact most of ULK is written by prisoners, but that's not a legal justification for censorship.

"Reason 8. Contains plans for activity that violates state/federal law, the Washington Administrative Code, Department policy, and/or local facility rules. "Comments/other reasons: 8. contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. A lot of articles that other offenders from other facilities."

Illinois returns study group lesson unopened

A letter sent to an Illinois prisoner was returned to us, unopened with the reason "unapproved correspondence." The envelope contained a 4 page intro to MIM(Prisons) and an invitation to our mail-based study group with the first reading and questions attached. How could Illinois know this was not approved if they didn't bother to open the letter to look at the contents?


Read More Censorship Reports
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[Legal] [National Oppression] [Civil Liberties] [California] [ULK Issue 58]
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Case Law to Help Those Facing Unjust Gang Enhancements

In response to "CALIFORNIA: Challenges and Reports" (in ULK 56), the comrade/s at MDF, Contra Costa County Jail being hit with gang enhancements and other unjust treatment. Faulty gang allegations was a major error in my trial as a southern [email protected], hence my return on appeal, which also made case law (Court of Appeal, Fourth District, Division 3, California. The PEOPLE, Plaintiff and Respondent, v. Jerry RAMIREZ and Catherine Rodriguez Villarreal, Defendants and Appellants. G052144 Decided: February 05, 2016). I hope this can be of assistance. Should be in the lexus by now but is also attainable via internet. They have been trying to turn our culture into a crime for the last 500+ years. It's going to take a lot more than a STEP act to get rid of us. In commemoration of "Black August" and the "Plan de San Diego", I send mine to all comrades North, South, East and West.

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[Hunger Strike] [National Oppression] [Civil Liberties] [Martinez Detention Facility - Contra Costa County Jail] [California] [ULK Issue 58]
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Strike Against Arbitrary Group Punishment at MDF

TogetherBreakChains

Contra Costa County Martinez Detention Facility (A) module is a General Population (GP) setting that houses northern Hispanics and African American prisoners. The prejudiced treatment of hispanics who are classified on (A) is a continuous issue and the rules seem to bend for us. As a result of an incident in 2011, we were separated from all other GP races. This continues today although we can program in all other GP modules. In 2012, we were subject to lockdown style program of 3 hours free time a week, no bible study, etc. This lasted up until 2015. Note that none of us were even involved in violating Title 15 §1083, yet were treated as we if we were in fights even straight from intake.

We on (A) live amongst GP African American prisoners, as well as others, and other hispanics. Yet we are still "Administrative Separation"(Ad-Sep). We seek an integration process to all other GP units, including the other jail (Contra Costa County - West Detention (WCDF)), which is for less serious offenders and offers more opportunities, programs and privileges. We acknowledge current overcrowding issues. However, there is no reason why us GP prisoners are deprived of those same opportunities: vocational, parenting, etc. Especially those who qualify for such housing. Being deprived of such opportunities is a punishment, which is the underlying issue here. We've been battling administration through verbal and written remedies to no avail. Our valid requests and grievances go nowhere, don't reach the chain of command, are ignored, we are given inadequate responses, and denied appeal rights. Even when attempting to follow policy regarding grievances it falls on deaf ears.

Another thing we seek to battle is the biased intake process, where we are left on (2) intake/disciplinary mod for unreasonable amounts of time without write-up, hearing, or a procedural due process.

As of 4 August 2017, approximately 72 inmates are on hunger strike due to these injustices. The following are the demands turned in to the administration:

We've been seeking just treatment through verbal and written remedies to no avail. This does not get us nowhere. We will be boycotting such prejudicial treatment. Following are more than fair demands that are not out of reach to administration and just according to inmate rights:

1) Cease Ad-Sep label: Equal treatment to those who've not committed any infractions within the jail. Non-existent Ad-Sep label creates a negative aura which pursues us all the way to our cases. We're forced to leave (A) in shackles giving negative impressions in court, lobby visits, etc. Ad-Sep does not exist in Title 15 and inmate handbook. No one asked for Ad-Sep, Ad-Seg, or special housing during intake process. We are GP, should be treated and labeled as such. Just like (B) and (C) inmates who've not broken any rules. Cease punishment violating T.15 §1083(c) over 2011 incident, cease Ad-Sep label because of a bad environment created by classification affecting us in our case.

2) Start process of integration to all GP units including WCDF. If this is not immediately possible there is no reason why we can't receive access to all other programs available in those parts of the jail, such as vocational, parenting, etc. Those who qualify for WCDF should receive opportunities. To deny such opportunities is to bestow a punishment we don't have coming, which is the underlying issue here.

3) Create adequate grievance process, following policy, and chains of command when there is in fact a valid grievance. Provide appeal rights that are denied and give adequate responses.

4) Cease biased intake process where inmates destined for (A) are left on (Q) for unreasonable amounts of time deprived of GP setting and privileges without write-up, hearing, creating negligent meal service by having PCs serve food. You make room for those punished from other mods, you can make room for those without any type of infractions.

Note: We have set forth reasonable and realistic requests and grievances. In a nutshell we simply wish to cease biased treatment and be treated like all other GP inmates. We acknowledge overcrowding problems regarding housing circumstances. However, we should not be denied access to those programs and opportunities. We are separated/segregated from other races unnecessarily. As well as treated with prejudice from setting foot in intake to court.

References:
  • Title 15 §1083(c)4019.5 "Punishment to inmate/group over others actions" (2011 incident)
  • 14th Amendment "equal protection of the law" - cannot treat inmates differently than others without reason (race is not a valid reason)
  • Title 15 §1053 Ad-Seg (not fitting criteria)
  • 8th Amendment "Due process procedural rights" (violated)

MIM(Prisons) adds: In July 2013 prisoners at MDF staged a hunger strike from Ad-Seg. Some of the demands related to clear classification and adequate rec time echo those of the comrades on strike now. Despite the report of victories, we see similar problems continuing at the same jail in 2017. This is why winning some reforms should only be seen as the first step of a struggle and not the end. The imperialist system is based on national oppression after all.

We support these comrades' just demands, which ally with ongoing campaigns to end long-term isolation as well as to provide proper avenues for having grievances heard. As the comrades point out that this treatment based on supposed affiliation with people who did things before they were even in this jail is an obvious violation of basic civil rights and just treatment. We work to build the anti-imperialist movement so that we can replace the current system with a just one.

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[Abuse] [Campaigns] [Civil Liberties] [California Substance Abuse Treatment Facility and State Prison] [California]
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911, "I have a crime to report."

I was transferred to California Substance Abuse Treatment Facility and State Prison (CSATF). Me and a companion from the former prison we arrived from knew that we had arrived at a concentration camp that was as shitty of a place as we could have ended up in. One can always tell the make-up of a prison by the writings on the walls of its R&R. If its toilets look like something that one could catch a disease from just staring at, and the pigs search out the property seizing every single object that the average person would assume allowable; face it, you're in hell.

Time has found me here, but since the 30th of March, and there have already been several incidents forced before me, one of which surprised the living world out of me. And this isn't something I say lightly. I am a person with pretty thick skin who would like to believe can handle just about anything. But on 6 May 2017, I was revealed a sign that showed me maybe I am not quite ready to handle it all.

1. I was solicited for murder of an inmate by a California correctional officer.

2. On the date of 6 May 2017, at CSATF, approx. 12:05 p.m. after returning from rec. yard to the assigned living quarters D2-211 to be informed by the cell-mate occupying the quarters with me that the facility unit officer Pano had conducted a punitive cell search of the quarters in response to the cell-mate's failure to return to the living quarters in a timely matter, having my cooling fan confiscated.

3. The cell-mate mentioned is an XXX YYY ZZZZ, 28-years-old.

4. I reported to the officer in question C/O Pano, who was covered by colleague C/O Barajas — female floor officer — and C/O Martines — male tower officer — where I opened a dialogue with Pano in regards to an explanation for the confiscation/seizure of my cooling fan; at a time when the temperatures of the living quarters are rising to high levels.

5. C/O Pano replied that the objective of the search was to "give him the attention that he was looking for" referring to XXX YYY ZZZZ.

6. I notified C/O Pano that I had nothing to do with him and XXX YYY ZZZZ problem, and it was unfair that I'd had my personal property confiscated as a result of another person's actions. I informed this officer that I would not be held accountable for another prisoner's actions unless he was somehow asking me to rectify the problem between him and XXX YYY ZZZZ by "handling it."

7. By "handling it", I for all intents and purposes meant to do bodily harm to XXX YYY ZZZZ, as physical force is the only power I have over another, to harm an inmate — being an inmate myself — I went so far as to describe "bashing his head into the wall", as to getting a clear understanding to the degree of violence that officer Pano smiled at me and said, "You know how it goes, it's just business."

9. But I didn't "know how it go." I am not accustomed to officers soliciting my service to do harm to another inmate. Though I have experienced in the past, officers of CDCR attempting to incite violence between myself and a cell-mate out of retaliation for a cell-mate's misbehavior. [Officers conducted a punitive cell search of my assigned living quarters, destroyed only my property and then informed me that it was because of my cell-mate that the nature of the cell search transpired as it did, hoping I'd take my anger out on him, See, KVSP-APPEAL-602-0-10-00887]

10. I am a political prisoner freedom fighter with many years of experience in dealing with crooked officers who abuse their power, invested into both badge and seal by the republic of California to cross up prisoners and have them framed for rule violations and criminal charges in the local courts. My particular history can be reviewed in the Superior Court of CA County of Kern, "People of California v. David Cauthen DF010469A."

11. Officers at Kern Valley State Prison made me the target of a physical beat down, while in handcuffs, for my leadership role in a ten man protest on the rec yard. KVSP officials came together in an effort to frame me in disorder to cover up their attack on me. False statements were made in reports used to have me prosecuted by Kern Valley District Attorney Lisa Green, Officer of the Court, in a criminal complaint based on charges of ATTEMPTED MURDER OF A POLICE OFFICER. I spent nearly two years in California's Security Housing Unit defending myself in court on bogus charges.

12. When it comes to the struggle being waged between California and its most advanced political prisoners, I may be considered an expert. Identifying the sneaky tactics of officers/pigs instigating problems amongst the prison population to justify their failure to correct & rehabilitate. I have made it a point to single-handedly lead the charge of political prisoners uniting and holding the state accountable for their actions.

13. I believe it is in a database held by the state that I am who I say I am and C.O.s may and often do access this data for their own personal information. Officer Pano had to have accessed this information to make himself familiar with me as a prisoner with capabilities of committing violence against another prisoner.

14. After standing in the center of the dayroom of the unit, pleading with Officer Pano that as it had begun to get extremely hot in the cells [The staff at CSATF TURNS THE HEAT ON IN THE SUMMER TIME] his decision to enter my living quarters and confiscate the cooling fan used to keep me cool, would be construed as inhumane & cruel treatment. He just smiled and walked away to retrieve the fan.

15. Pano returned the fan, but not without making a smug statement about how I needed to "get at my celly" and how he'd return to confiscate the fan if the particulars of a situation did not check out.

16. I returned to my assigned living quarters without any further dialogue with Pano. Upon my return I opened a dialogue with my cell-mate XXX YYY ZZZZ in relation to his actions having an effect upon my program, bringing about unnecessary altercation with the Babylon, and what could be done to rectify the situation.

17. I informed XXX YYY ZZZZ that the Babylonian officer had acted in a manner that would cause the two of us to be placed in a cross. It was intended for me to act rash in response to the level of disrespect suffered at the hands of both "Ant" and the Babylons, but as a righteous member of the Black Riders Liberation Party and leader of the United Struggle from Within Chapel Group Ra'star Far I, Prison Ministries I would not be puppeted by the pigs.

18. I informed "Ant" that there were two options. 1) The two of us could file a complaint and get paid from the Babylons' willingness to break the law, or 2) we could fight, like the pigs wanted, for the disrespect suffered to my character and make our people look like fools. I explained to him how I aspired to be a member of the African People's Socialist Party and could not in good conscience support the second option and preferred the first alternative. He too agreed and settled for the first option.

19. I immediately got to work drawing up the statement of facts for the entire incident. Once I had concluded my works I took my outcome to the young ndugu "Ant" to read over. To my surprise he lit up and seemed on fire to bring justice to the situation. We agreed that the facts I outlined were best and should be moved forward on.

20. But on the following day, 8 May 2017, things took a turn for the worst. I reported from my work assignment as a Main Kitchen Baker, making about $0.15 an hour :( Upon arrival to the living quarters I discovered that my cell-mate had rolled up, voluntarily removed himself from the yard and was in the process of being transferred to a more safe/comfortable living environment.

21. This young African stole close to $400 worth of property from me and the Babylons helped him pack it up and travel to the program office. The pigs actually inventoried my belongings as being inside of his property and tried to tell me that it was nothing they could do about it when I brought it to their attention. This alone confirmed to me that the Babylon had planted this lost ndugu amongst my ranks to distract my mission and disorder my campaign to unite the prisoner masses.

22. This ndugu was allowed to roll up with a variety of valuables, but what was of a tell-tale sign that the individual was a plant is that he: 1) Took the complaint that I had put together, 2) He stole letters from the latest supporters of my United Front for Peace in Prisons project "FREE KING DAVID" as a means to interfere with communications, and 3) He stole the goods of commerce to support the economical needs of an initiative to finance the subscriptions to: "The Burning Spear," "The 5% Power Paper," "The Final Call," "The Bayview Newspaper," and "Under Lock & Key."

23. After establishing a partnership with the leader of "Peace Behind Bars" to develop a system of exchange inside prisons using photos of women, to remind men what they struggle to be released to, for postage I convinced this brother to begin printing photos for my project so that I can begin accumulating postage stamps, and in turn offer them to the comrades employed by the above publications in order to have the publications mailed in to the yard with hopes of raising the awareness level. I had a total of 50 wonderful photos prices at the least 8 postage stamps alone. Taking care of the bill of one subscription, dues to he who made it possible and postage for a new 50 photos to be mailed. But all was delayed by Babylon.

24. I have submitted the report as a complaint of C.O.s soliciting murder from me as of 22 May 2017. So I trust Babylon will bring its fire. All of this comes right after the announcement published in "Turning The Tide" of my works to move along the United Front for Peace in Prison and a complaint filed at the previous prison against "UNSAFE WORKING CONDITIONS" in support of the 2016 nationwide prison work stoppage. [See, CSATF Appeal-STAFF COMPLAINT-D-17-02787- ]

I write this statement to describe to brothers & sisters behind the wire inside Babylon of what staying strong under pressure looks like. When you sign up to join forces with groups like the Ida B. Wells Coalition Against Police Brutality, Anti-Racist Action/People Against Racist Terror, Black Riders Liberation Party, Uhuru Movement and the United Struggle from Within, Babylon is going to bring its death game. We must remain strong under fire and lean even greater on the teachings of the groups mentioned above, and those not, placing the people's principles into practice.

No matter who you are, radiate the teachings and uphold good conduct. Feed other prisoners who wander the path of the freedom fighters and trust in the teachings, not the student. The Babylon will scratch and claw at what it fears threatens its existence as a system of power oppressing the people. All of the above mentioned groups are feared because they bring light to the minds of prisoners, who are essentially the most capable mass of people in the United $tates to free themselves from the strongholds of imperialism.

Educate yourself on the methods of government interference with United Front culture campaigns, that you will be prepared. Both state and federal government agencies will go out of their way (the District of Columbia) in order to intimidate the members. In the newsletter publication of Maoist Internationalist Ministry of Prisons, ULK No.56, there is a story published titled, "No TX pack tactics have worked," by a Texas prisoner. This story really touched me because I know the struggle. It feels like it's all a waste of time, but it's not! I've learned that we won't see the works of our labor filing charges against the Department, but it will be NOTICE.

At the moment the Campaign Demanding that our Grievances be addressed is in a phase where supporters of the campaign in states across the U.$. are familiarizing themselves with the art of serving NOTICE to the office that corruption is taking place. Once prisoners master the art of serving NOTICE, then they will learn to FILE CHARGES against the office with the right people/agency, forcing the Department to make a public statement officially ANSWERING to our charge :)

The comrades being released will then begin holding court with the agents/representatives in the streets. Until then, just keep documenting the corruption until you have a book to release. And you will see the movement that has been here all along. Keep it sharp, keep it tight.

In struggle, David S. Cauthen, Jr.

MIM(Prisons) adds: Since receiving this report, the comrade has asked for supporters to call CSATF on eir behalf at (559) 992-7100. Ey is going to initiate a civil complaint. The appeals coordinators are not even processing the appeals, they’re just rubber stamping them. Callers should inquire:

  1. Why wasn’t a report filed? A crime occurred.
  2. Why was a complaint against a C.O. processed as a first level appeal when it was accepted on its charges of “An Officer Soliciting Murder”?
  3. Why was appeal log #SATF-D-17-03418 against SATF Appeals Coordinators for failure to process appeals canceled by a Lt. N. SCAIFE – an officer who wrote themselves into the coordinators office?

As this example paints quite clearly, the campaign to have grievances heard in California prisons, which began over 7 years ago, is a campaign to get the CDCR to put a stop to life-threatening behavior by their staff. The lives of the oppressed nation lumpen are given little regard in this injustice system. Those in power manipulating their wards to fight and kill each other has long been a practice in California prisons to control those who the state sees as a threat. The notorious "gladiator fights" staged by staff in the Corcoran Security Housing Unit is just one blatant example of this. So while the right to have grievances heard may seem like a nicety of civil society, it is more than that. It is about the oppressed having recourse when their lives are threatened by their captors.

Our comrade has already been retaliated against with a transfer for filing a complaint on the above incident, filed by a grievance when the Appeals Coordinator refused to NOTICE the complaint. We expose this case to rally support on the inside and the outside for the campaign for a meaningful grievance process in California prisons, and in all the states across the country waging this same battle.

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[Civil Liberties] [Control Units] [Political Repression] [California]
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CDCR Not Upholding Ashker Settlement on Due Process

In August of 2016, a comrade was written up for possession of Security Threat Group (STG) contraband and given a 115 Rules Violation Report(RVR). This was in direct violation of the Ashker v. Brown class-action settlement agreement terms around "Due process" as described below. The new rules to reform isolation practices in California didn't even eliminate the outrageous practice of using drawings and greeting cards as reasons to put people in isolation in California. The "due process" clause was the only promising term of the weak Ashker settlement, and it seems CDCR does not intend to uphold it.

Political repression is the clear motivation here, as the target is a well-known anti-imperialist who works tirelessly for the improvement of the New Afrikan nation.

Facts:

On August 4, 2016, CO J. Hunter reviewed [XYZ]'s outgoing mail and found a drawing that included the image of a gorilla.

He based his conclusion that the drawing constituted "STG contraband" on:

  1. In past investigations, he received information from unnamed BGF members and associates that the "Silverback Gorilla is symbolic for the strongest force of the Guerrillas much like how the Silverback Gorilla is considered to be the dominant leader amongst a family of gorillas."
  2. The word "Gorilla" can be found in various documents used by the BGF. He provides one example: The "I Stand Firm Oath" of the BGF includes a verse stating "Long live the graceful guerrilla."
  3. The BGF recognizes the gorilla as a symbol of stability and power.
  4. The Office of Correctional Safety has established the credibility regarding the meaning of these symbols.

[XYZ] was found guilty of this offense and given 30 days confinement to cell, leaving only to shower. I have written him for these documents.

Challenge:

[XYZ] points out that item #1 above is based on unnamed confidential informants who allegedly have connected the "gorilla" animal with the BGF. However, CDCR has not complied with its own rules regarding confidential information (no 1030s, etc.) Also, this sentence makes no sense. Who are the "Guerrillas"? Does he mean BGF members or BGF leadership?

The picture depicts several fierce animals (lions, tigers, elephant, Pharaoh hound) and various male fighters who look more Aztec than African (to me). The gorilla does not dominate, nor is there anything else in the picture to suggest an STG.

The word "Gorilla" does not appear in the "I Stand Firm Oath" of the BGF. I was unable to find such an oath on the internet, but did find a BGF oath on a police-oriented website — see attached memo. It does not contain this term or phrase. The officer cites no authority for this claim, or is citing the confidential informants described above, without providing proper documentation.

The BGF's view of the gorilla as a symbol of stability and power is also asserted without attribution, or it is attributed to confidential informants.

The statement about the OCS establishing credibility is insufficient. Credibility is a term referring to people — the statement does not say who the people are. But broad reference to another CDCR office establishing the credibility of an informant or the reliability of the information seems like an end run around the responsibility of the hearing officer.

Finally, on what authority does the mere drawing of an animal among other animals constitute gang contraband?

Additional information:

I have done a little internet research on the "Silverback gorilla." Apparently, this refers to a mature male gorilla whose back hair has turned grey with age. He is the "alpha male" among the group of gorillas that he lives with. The drawing does not purport to be a Silverback gorilla. It doesn't say it is a Silverback nor can you see his back. We can guess that the gorilla in the picture is male, but even that is not necessarily true. That the officer brings up the "Silverback gorilla" is suspect to me. He is making himself sound like he knows more than he really knows. He does not purport to be an expert himself, yet by throwing out this term, he is making himself sound knowledgeable.

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[Civil Liberties] [High Desert State Prison] [California] [ULK Issue 56]
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Surveillance Cameras in Prison a Double-Edged Sword

Greetings to everyone at MIM. I am a prisoner held captive here at High Desert State Prison, in Susanville, California. I'm writing to inform the people of this new and improved form of repression tactic hidden behind the name of public safety and security. An investigative report came out in December 2015 by the Inspector General about the abuse and cover-ups by officers at this prison for 2 decades. Since then, the powers that be have started to install the video recording cameras in the prison, which is not a bad idea. Most prisons have cameras on the yard. However, these new high-tech cameras now have audio/voice recording which is new for CDCR.

They have also installed them just about any and everywhere, in the chowhall, gym, dayroom, yard, medical, law library, chapel, laundry, school/education, even in N.A. (Narcotic Anonymous) and A.A. (Alcoholic Anonymous), which begs the question, who're they really keeping an eye on and watching? Now don't get me wrong I'm all for holding these pigs/officers accountable for their actions. But now they're watching and listening to our conversations in the chapel during our religious services where prisoners talk freely and enjoy open discussions on religion, race, politics, without the eyes and ears of the custody staff. N.A. and A.A. is suppose to be Anonymous where prisoners can get help and talk openly and privately with each other and the sponsor about our addiction and recovery. Now the Anonymous is out the picture when custody can see and listen when they choose to.

Medical is suppose to be between the prisoner and doctor to talk and review medical issues and problems without custody knowing your business. Visiting always had cameras but if the state choses to take out the old and put in the new, then they will be able to listen to our intimate conversations with our family, friends, wives, children etc. All in the name of what? Public safety and security? Or is this just a new and improved way for CDCR to watch & now listen to everything a prisoner does? You decide.


MIM(Prisons) responds: We're glad to have this point brought up for consideration as most of what we've printed on this topic has been in favor of increased surveillance. A prime example was the campaign in North Carolina, centered around a lawsuit filed against staff for assaulting prisoners, focused on getting better camera coverage in state prisons to monitor staff. We supported this comrade in promoting eir efforts, recognizing the vulnerable situation that prisoners are in at the hands of the oppressor. Yet, for those of us outside prison, the call for more surveillance cameras gives one pause. It has come up in relation to police on the streets, but we dismissed that as not addressing the problem. The same could be said inside prisons.

The privacy struggle is one that is very relevant to us. At the same time it is mostly dominated by oppressor interests on both sides. In other words, it's hard to campaign for civil liberties in a general way that is anti-imperialist. There are engineering solutions to privacy that can be used as tools, tactically, by revolutionaries.

There have been reports on the chilling effect of surveillance in the United $tates, showing that people are less willing to visit certain websites after the Edward Snowden leaks exposing NSA spying operations. While we disagree with the Liberals who call for a freedom of speech that allows people to promote profits over humyn needs, we also propose a program for a dictatorship of the proletariat that expands freedom of speech in many ways compared to current conditions in this country. We would ban the Orwellian "smart TVs" and other technology that is recording and collecting data on people in their homes. We would guarantee not only net neutrality, but internet access to all. Below are some planks from the MIM platform on subjects related to the First Amendment:

  1. Restrictions on public postering will be eliminated except on residential buildings.
  2. Large and convenient bulletin boards will be placed on every block. Boards covered over will be evidence for the need to build more.
  3. There will be convenient places to leave literature along with such bulletin boards.
  4. There will be no arrests in any non-residential building or premise for quiet distribution of literature. The only exception will be for high government officials meeting and who face threat of assassination—the Central Committee and government officials above a certain rank.
  5. Arrests for vocal discussion will be limited to places where there is a need for meetings and orderly work. Cafeterias, outdoor sidewalks and most indoor hallways will be legally required to allow vocal discussion.
  6. Meeting halls of public buildings will be made available for meetings to the public. If necessary more will be constructed.

Government bureaucrats interfering with the "free speech" of the public will be transferred to jobs where they have no such possibility.

Restrictions

  1. Those advocating opposition to the dictatorship of the proletariat as defined at the top of the document will go to prison or re-education camp and thereby not enjoy all full public citizenship rights.
  2. Sale of pornography will be forbidden. Distribution of nude photographs paid for by the photographer or persyn who signed a consent form to be displayed in photographs will always be legal, but government authorities may require a registration for financial bookkeeping purposes. Those publicly distributing nude photos of children 12 and under will be sent to re-education camp, whether money spent was their own or not.
  3. Any non-party literature or other device for public opinion building will be paid for by individual members of the public with money from salary and no outside capitalist money or stolen sources of wealth will be used to promote any opinion of the non-party public.

Stimulation

  1. MIM will not order the government to censor the INTERNET except on questions of the dictatorship of the proletariat and party rule.
  2. USENET groups such as talk.rape, alt.activism.death-penalty, alt.politics.greens etc. will be permitted, partly for stimulation of the minds in imperialist countries, partly to bring to the surface bourgeois thoughts in need of professional proletarian refutation and partly because there will continue to be problems in all these areas under the dictatorship of the proletariat. The need for stimulation is especially great in the depoliticized imperialist countries. Many middle-class peoples will come under the dictatorship of the proletariat without ever knowing that the world's majority of people suffered threats to their survival on a daily basis. (1)

MIM Platform: Against prison censorship

Prison officials claim they have security reasons to act as censors. But censorship prevents prisoners from access to legal help, education, and political organization. Political and legal mail and literature are not a direct threat to the security of prisons.

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[Download and Print] [Organizing] [Civil Liberties] [Religious Repression] [Abuse] [Censorship] [Political Repression] [Campaigns] [California]
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Downloadable Grievance Petition, California

California Grievance Petition
Click to Download PDF Of California Petition

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

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

Board of State and Community Corrections (BSCC)
2590 Venture Oaks Way Suite 200
Sacramento, CA 95833

Prison Law Office
General Delivery
San Quentin, CA 94964

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

CDCR Office of Ombudsman
1515 S Street, Room 311 S
Sacramento, CA 95811

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

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

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

*Petition updated September 2011, July 2012, and October 2013, February 2016, November 2016*

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