Under Lock & Key

“No man can tell the intense agony which is felt by the slave, when wavering on the point of making his escape. All that he has is at stake… The life which he has may be lost, and the liberty which he seeks may not be gained.” -Frederick Douglass, 1845

We are made to persist. That’s how we find out who we are.

The Khufu Foundation thanks you for being part of the solution! The following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6: 22-cv-134. It contains both good and bad news. The bad news is that the District Court has dismissed the case with prejudice, which was not unexpected. The good news is the cases he used are not on point, plus he failed to thoroughly address an issue of First Impression “The Cumulative Effect.”

For those of you who have tablets, go to law library and read exactly what the District Judge has to say for yourself. We have given notice of appeal, and await a word from the 5th Circuit giving us a number to seek COA. Before we give our argument in brief, let us give you a word directed to the right that can save you a few dollars as well as allow you to move much faster through the Courts than the §1983. We have learned that these same issues can be attacked with an application for Writ of Habeas Corpus – see the tablet has a wealth of information, particularly the Law Library; there are literally thousands of cases at your fingertips. Yet, the tablet can turn you into a zombie, who feeds on nothing but music and movies.

Now, here is what we will take to the 5th Circuit:

1. Whether the Cumulative Effect of the Texas Constitution, Texas State Law Statutes, the Administrative Procedures Act, and the Rules and Regulations of the board combine to give a Reasonable Expectation that the parole procedure will be conducted with a modicum of just and fair treatment – see Wilkonson v Austin, 125 S.Ct. 2384

2. Whether Applicant was denied Equal Protection of the Law as compared to other prisoners who can review their parole-file/transcript, because they can afford an attorney, see Griffin v Illinois, 76 S Ct. 585 and Register v Thaler, 681 F. 3d 623

3. Whether Applicant has been denied a fair and just parole hearing where the defendants fail to follow the APA and their own rules without meeting the Constitutional minimum regarding parole review – see Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams, 277 F. App’x 498, 500 (5th Cir. 2008)

4. Whether Applicant was denied a meaningful participation in his parole hearings when he was not allowed to review his parole file to challenge all false and/or derogatory information contained therein, when Board Members have admitted that there is often false and/or inaccurate information in parole-files. – see Johnson v TDCJ, 910 F.Supp. 1208

This information is supplied in the hope that each of you will do your research and continue to fight.

North TX AIPS adds: This is a follow up to Texas Prisoners Launch Attack on Parole System printed in Under Lock & Key 78. This lawsuit is an attempt for parole reform in Texa$ and was launched May of last year (2022). It is in response to continuous denial of parole for many prisoners based on commitment of the crime, rather than behavior while incarcerated, and to argue that the Board Members are not protected against suit according to the Ex Parte Young Doctrine:

“In determining whether the doctrine of Ex Parte Young avoids an 11th Amendment bar to suit, a federal court need only conduct a straightforward inquiry into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir. 2000)

While some of the demands as previously stated are in line with the Juneteenth Freedom Initiative, as revolutionaries our focus is on the building on independent institutions of the masses, rather than working for parole reform. We are building on our Re-Lease on Life program and encourage anyone whose interested to write us and start to work on study and strategy for revolution.

The truth has finally out come from the darkness and into the light: people housed within social isolation by the U.$. criminal justice system are not considered persons protected by the U.$. Constitution, international agreements against torture, or Human Rights. States across the United $tates are actively deploying systems and protocols that suspend persons held in custody, in social isolation from Amerikan society, away from the protections of law, due process and order.

The criminal justice trend is to eliminate prisoners’ freedom to use and access Postal Services. It’s like the U.$. Postal Service has entered into a private agreement with the criminal justice system to deny mailing services of the traditional sense from all imprisoned.

Correction departments across the U.$. have engaged in concerted acts of sedition, substituting systems disguised as fun helpful tablet gadgets and video visitation programs for actual social interactions. Gone are the days of free assembly/press/congregation and religious exercise. Now persons are free to shut up, and be retaliated against for even hoping to benefit from the protections of the U.$ Constitution’s freedom of speech.

Even the freedom to grieve against the state has been frozen. In California it is being done under the departments decision to cease classical mailing processes for email services made available by the Global Tel Link security corporation. CDCR is planning to phase out all traditional mailing services in exchange for heavily restricted online access.

The move by CDCR involves outsourcing labour facilities and redirecting institutional service agreements to security bonds controlled by state agencies outside of the department’s jurisdiction, for example, the Department of Health and Human Services. The moves are being made under the cover of darkness, better yet the cover of claims to public safety, and the Center for Disease Control acts as the shelter. All in the name of mental health and hospitality for Amerikans with disability? From prisoners of circumstance to residences of outpatient facilities too doped out of their minds to even know the value of a traditional letter.

CDCR has began phasing out traditional mailing services using its Inmate 602 Grievance Procedures, institutions have eliminated traditional answering and mailing procedures for residence. Not only does the department rely on a new SOMS computer scanning system that forecloses any original writings and supporting information attached to an Inmate grievance, but it is enforcing computer software coding, by way of its Global-Tel Link tablet emails, that requires California prisoners to email grievances. This last part connects to the criminal justice system in the late requirements of U.S District Courts in California for 1983 Civil complaints filed by prisoners be done via email. If an individual can’t even write a simple complaint any longer, it begs to question what is the U.$. standing in justice?

Technological advances are all good and all, but are the residence of these penal institutions still citizens of the United Snakes of Amerika? Or does their custody lie somewhere else?

It is important that the public be aware of this very serious dynamic between themselves, the state and those in custody of state agencies like CDCR. The state is allowing for those in the custody of CDCR to be stripped of their civil rights and it all is being done in the name of the people, under the color of law. Silence is not an answer to the claims set forth against the people.

MIM(Prisons) adds: Prison Legal News (PLN) just reported some interesting stats following the Florida Department of Corrections completing its move to digitizing all regular correspondence. They found that 1% of the contraband found by the Florida DOC was through routine mail. Meanwhile, in July 2022, the Legislative Finance Committee noted that after New Mexico shifted to digitized mail there was zero effect on the amount of drug use in their prisons.(1) These statistics back up what we’ve been reporting on anectdotally for years – that mail restrictions and visitation shut downs have had no impact on the influx of drugs into prisons across the country.(2)

According to PLN prison systems and jails in 27 states have switched to digitized mail. With California gearing up to follow suit, it seems the tides have shifted in that direction.

Like body cams, some prisoners have asked for digital grievance systems so the C.O. you submit it too can’t just drop it in the trashcan. Otherwise, we agree with this comrade’s concerns. Social isolation is a violation of basic humyn rights and humyn needs. Visits, phone calls, letter, photos and cards are a must for any system that hopes to rehabilitate.

<sup>Notes: 1. Kevin Bliss, 1 September 2022, Florida Now Digitizing Incoming Mail for State Prisoners, Prison Legal News September, 2022, page 48.
2. A Texas Prisoner, March 2021, TDCJ: Your Staff are Bringing in the Drugs, and it Must Stop, Under Lock & Key No. 73.</sup>

Closing August 2022 with actions waged against the state of California Department of Corrections and Rehabilitation’s (CDCR’s) deliberate and intentional acts of sedition, systematic race crime, police gangs, mass insurance fraud, healthcare system abuse, etc. Members of United Struggle from Within (USW), Prisoners Legal Clinic - JLS, Lumpen Organizations Consolidated On 1 (LOCO1 United Front for Peace in Prisons) and ABOSOL7 say, “We Charge Genocide!”

In response to CDCr appeal #000000243827 (Deliberately denied access to CDCR 602 form (Rev. 03/20) in housing facility), the Department grants the claims set forth that corruptions officers employed at California State Prison - Los Angeles County (CSP-LAC) are involved in a concerted scheme of withholding revised models of CDCr grievance forms from the inmate population.

After being ignored at the institutional level where administrative executives maintain a strict code of silence to officer misconduct, an Associate Warden made a computer entry on a record affiliated with the log number that the claims would be remanded for decision to an unknown entity on an unknown date. Though the appeal on its face, if found true would most definitely qualify under employee misconduct, that is a candidate for a staff/citizens’ complaint.

As citizens’ complaints are reportable on direct appeal to any federal county police agencies for public-civil prosecution, the issue of intentional mis-handling of an appeal process was exhausted to the state capitol by means of the Chief of Inmate Appeals, and favor has been found for the freedom fighters.

Now we call on the struggle to burn strong.

We shall demand Senate hearing and investigations be held on the subject of police gangs within the department promoting “don’t ask, don’t tell” climates amongst the population, by way of withholding access to the forms designed for speaking up and challenging abuse.

This is made known as a public service to the prison population to wean itself off of depending on the court system as it is conditioned into them to be. In order to not only relieve the stress on the local courts but to increase the volume on the traffic between the cities and their capitols. The Senate hearings are called hearing for a reason.

MIM(Prisons) adds: A comrade at Richard J. Donovan Correctional Facility(RJDCF) recently wrote Governor Gavin Newsom regarding the infamous gang structure that is running operations there and denying prisoners the services the CDCR promises to offer them. The comrade introduces the letter:

“While the Armstrong v. Newsom, 475 F. Supp. 3d 1038 (N.D. Cal. 2020) injunction requiring body cameras be worn by officers may have subsided the wanton violent attacks on prisoners, nothing has been done to address or rectify the criminally orientated structure which dictates the overall daily operations of RJDCF. Such a failure renders RJDCF incapable of providing adequate rehabilitative programs and services to its prisoners.”

Offering more evidence for what we’ve been reporting about drugs in prisons almost every issue, the comrade goes on to write,

“Long before in-person visits returned to prisoners, RJDCF has been, and continues to be, peppered with the paper chemical substance known as spice, and methamphetamine, both of which are eas[ily] accessible and openly used outside of cell on surveillance cameras by various prisoners in common public areas. In fact, it is easier to access any one of these drugs here any day of the week than it is to establish or participate in a self-help program or access rehabilitative services.”

Comrades in North Kern State Prison have also been struggling to get their grievances heard:

“31 July 2022 – For the past month or two, us captives have been getting fucked out of our recreation (dayroom, yard) even though the orientation manual and Department Operational Manual acknowledges that we are entitled to 1 hour of recreation (outside/outdoor recreation) every day. These guards have been taking our yard and dayroom for the most blandest of reasons, a supposed”shortage” of building staff, or for a “one-on-one” or “two-on-one” fight amongst prisoners (fist fight), fights that these guards are well-aware of before the incident even happens. But still these guards shut down our whole program for any small infraction just to have an excuse to not run yard. I have done a “group” 602 grievance where 40 or so other prisoners have signed on to add weight to our issues, the institution has denied this grievance due to some trickery they employed. …These guards are lazy, they don’t want to let us out of our cells for nothing.”

The RBGG Law Firm reports the following outcome of Armstrong v. Newsom, 475 F. Supp. 3d 1038 (N.D. Cal. 2020):

“As part of the remedial plans, CDCR must overhaul its staff misconduct investigation and discipline process to better hold staff accountable for violating the rights of incarcerated people with disabilities. Those reforms will begin to be implemented at the six prisons [including RJDCF, CSP-LAC, CSP-Corcoran, KVSP, CSATF, and CIW] in June 2022 and will be implemented at all CDCR prisons by mid-2023. CDCR must also produce to us and to the Court Expert staff misconduct investigation files so that we can monitor if CDCR is complying with the remedial plans and if the changes to the system will result in increased transparency and accountability.”

We commend the comrades who are pushing for accountability around these court-ordered reforms in the systematic abuse within the CDCR. But as they both point out, criminal gangs are running these prisons, making the attempts at reform superficial. So much more needs to be done. It takes a lot of bravery to stand up to these gangs, and this type of bravery is what is needed to mobilize the masses of prisoners to rally to the cause for independent power.

I’m attacking the “Heat Sensitivity Scoring (HSS).”

We feel that being classified as “Heat Sensitive”, which requires a cool-bed housing assignment, is a medical treatment and a medical diagnosis. A diagnosis that you should be able to choose if you want the “treatment” or not. We have a right to refuse medical treatment but they will not let us opt out of this “classification” and will not explain how this “Heat Score” was calculated.

The best information I’ve gotten on the Cool-bed litigation came from Nell Gaither at the Trans Pride Initiative PO Box 3982, Dallas, TX 75208 (214) 449-1439, tpride.org. She copied and pasted Document 59-2 from Sain v. Collier 4:18-CV-4412 and I had her letter entered in my case. It is a 4 page letter and you can buy it for $0.50 per page from the Clerk in the Western District, Austin Division @ 501 W. 5th St., Suite 1100, Austin, TX 78701.

TDCJ makes First Nation practitioners take a religious knowledge test before they will approve them for a Designated Native American Unit and if you can’t pass the test you can’t meet with clergy or attend ceremonies, etc.

I was shipped off of my Designated Unit and put in High Security in Allred because I was “Heat Sensitive.” SO they denied me of my religion due to my health conditions and wouldn’t tell me I had to re-take the test to re-apply for a Designated Unit (which is unconstitutional). Anyway, what they’re really doing is shipping [lawsuit/paperwork] filers off to high security claiming they are “Heat Sensitive.”

If this happens to others, all they need to do is contact the Chaplain and apply for a transfer to a Designated Unit again. They will have to take the test again as is TDCJ Religious Policy AD-07.30 policy number 09.02(rev3)p.1 &2 and policy 09.02(rev2) Attachment A.

We are looking to do away with this unconstitutional religious discrimination and teach our own religion. TDCJ’s text is based on Lakota religion and there are no Lakota tribes in Texas, so it is difficult to get Native Chaplains willing to teach a religion that is not their own.

People are fired up about ULK 78! I’m going to be ordering all of my grievances to send to TX Prison Reform. Thank you Triumphant of T.E.A.M. O.N.E.! for the good info. I’ve already ordered my grievances, I have 56! You can purchase them from the law library for $0.10 each.

Note to my Connally Unit comrades: As of 1 August 2022, TDCJ will no longer make legal copies, which is fucked up! I’m having to send my original documents through the mail to the court and hope they don’t steal my mail. Warden Rayford has banned inmate-to-inmate legal visits and there is no drinking water in the Law Library and no bathroom breaks. If you need to go to the pisser, your session is over.

No legal copies and legal visits hinders our access to courts, but I suggest sending an I-60 in and getting a denial on paper even if you don’t need a jailhouse lawyer. Then, if you loose your case you can say this was because you didn’t have your “helper.” Johnson v. Avery, 393 U.S. 483, 490(1969) says you have a right to get legal help from other prisoners unless the prison “provides some reasonable alternative to assist inmates in the preparation of petitions.” And if they are still retaliating after that, make sure you got a lot of witnesses. It is a federal crime for state actors (the prison officials) to threaten or assault witnesses in federal litigation 18 U.S.C.§1512(a)(2).

Greetings, I am the leading plaintiff in the above styled and numbered case. Please be aware of the court fees to obtain copies of the case. Basically they charge 10 cents per copy, and the total fees for the following documents are as follows:

• The Complaint (no exhibits) 32 pages
• Motion for TRO and preliminary injunction (no exhibits) 31 pages

It will be a total cost of $6.30 to obtain the above documents from the clerk of the court. You need to send a money order or institutional check to the clerk of the court at:

Cause Number: 2:21-CV-00337

Styled Name: F Martinez, Doll, Pineapple Pictures, et al. Versus Members of the Texas Board of Criminal Justice, et al.

Dear Friends:

Greetings! I am the leading plaintiff in the above styled and numbered case. I filed this lawsuit on my behalf and others similarly situated prisoners in TDCJ. I also represent the interest of Doll, Pineapple and other commercial vendors.

The reasons in filing this lawsuit is to challenge the constitutionality of the rules 1(C) and IV(A)(10)(11) of the “Uniform Offenders Correspondence Rules” (BP-03.91)

Rule 1(C) which limits to receive ten photos per envelope is unreasonably and arbitrarily applied to deny catalogs, brochures, and flyers from commercial vendors. Rule IV(A)(10)(11) which totally bans “sexually explicit images” coming into the general population all in disguise of rehabilitation purposes.

On or about 17 June 2022, I filed in court a “motion for temporary restraining order and preliminary injuction.” I hope that the court grant me this motion and temporarily enjoin the defendants from enforcing these rules until the merits are decided in trial or through the summary judgement process.

Anybody interested in copies of the complaint and the “TRO” motion may request copies form the court. To request the price fees you may write to the clerk of the court at:

In Under Lock & Key 76 we published an article on how to file for the suit Clay v. Director of IRS Mnuchin No4:21-CV-08132-PJH if you did not receive the $3,200 stimulus checks while in a Texas prison during the pandemic. Here is an update from the initiator of this suit for anyone who has filed.

The IRS is seeking to deter and retaliate in order to lessen payments of rebate refunds by stating that a $5,000.00 penalty will issue if filer does not [withdrawal] the form 1040s filed to receive EIP. The filers need to send the IRS letter to the 9th Court of Appeals as instructed in ULK 76. Tell them to attach the letter.

They are doing this because the “fluid recovery scheme” is exposed so they can’t use it. Now they seek to use “retaliatory scare” tactics by this notice stating a $5k penalty and criminal charges for a 1040 that they don’t clarify why such is seeking benefit not entitled to or what deficiency is apparent.

I’m writing because I’ve had two or three letters from you denied here at Wynne Unit, they say “the information contains messages of hatred and statements that could start riots”. Of course, I disagreed and wasn’t given the opportunity to appeal it by the Texas Director’s Review Committee.

Secondly, place this in your next issue: I won a §1983 Suit in Texas dealing with the beard and hair policy. Specifically you can wear goatees, dreads, and braids than “they’ve now said one big braid”. The case log is Newman v. Marfo 4:19-CU-00352 and, now I have a retaliation claim which is Newman v. Bowers 4:22-CU-01649 because these officials are still giving cases creating a related injury and causal connection due to this being directly related to my, as well as our, protected conduct guarded by the 1st Amendment Constitutional Right.

Please post this because we only suffered in Texas prisons because the residents are weak and have no real hope and don’t acquire the will to believe we have the power to fight legally without physical contact but, by our minds. I also started another claim for another resident for abolishing the 1996 clause that says if we meet the standard for release, they don’t have to let us go; signed by former President Clinton and Joe Biden. So, when Biden duped blacks to break all those records getting him in office why didn’t he unsign it?

Dear MIM:

I’m writing to advise of a need for you to publish in your next issue a NOTICE FOR ALL TEXAS PRISONER ACTIVISTS concerning censorship of TBCJ-and-TDCJ policies (n.b.:The State-level Prison bureaucrats of Personnel) against the prison population and outside communities. This censorship practice is designed to keep the public relations of peoples who are incarcerated in ignorance and from having incarcerated people’ loved ones and friends in a DISADVANTAGED PHASE-AND-STATE-IN-NATURE when attempting to learn the proper information and steps to address the situations and problems arising outta the medical-and-mental health or prison conditions. The prison population needs to know of this. It seems that only certain information we’ve made/or ordered to be omitted from being accessible or available at the central-level and unit-level law library room Department’s list of in-stock holding items on their shelf.

The following is the list of items that the central-level and unit-level personnel does not want us to learn about with respect to TDCJ procedures and rules:

1. Grievance Operations Manual
2. Operations for Mailroom Manual *
3. WSD Recreation Program Procedures Manual
4. Departmental Policy and Operations Manual
5. Food Service Procedures Manual
6. Safe Prison/PREA Operations Manual
7. Access to Court Procedures Manual *
8. Substance Abuse Treatment Operation Manual
9. Sex Offender Treatment Operations Manual
10. Unit Classification Procedures Manual
11. TDCJ Intake Procedures Manual
12. TDCJ Records Detention Schedule
13. TDCJ Property Procedures Manual
14. Operational Review Manual
15. Unit Classification Plan *
16. Restrictive Housing Plan (n.b.: This Plan is not the same as The Manual) *
17. Security Threat Group Plan
18. TDCJ Volunteer Services Plan
19. TDCJ Suicide Prevention Plan
20. Operational Strategic Plan
21. TDCJ Administrative Plan for Capital Improvements by Donor Groups
22. Chaplaincy Department Manual *
23. Safe Prison/PREA Plan *

Comrades! The Procedures/Operations Manuals and The Plans are not the same. The manuals will provide the prison population all the ins-and-outs and references of all federal and state statutes or laws pertaining to the subject-matter in question. Starred items above are items made-and-available for the prison population to inspect and review.

I write this in an effort to educate and bring into understanding one successful method of overcoming malfeasant administrators at their own game when they write a fraudulent disciplinary case on you – even though your actions fail to fulfill the elements of the charged offense while the Agency staff lie in support. Utilizing the Time Lapsed Video (TLV) camera footage evidence when cameras are installed on your unit.

In brief: After gaining authorization from the Floor-Boss I zipped upstairs to another cell, delivering a legal document (E.D.-02.01 TDCJ Ethics Policy) to an inmate. Within six second, I was back on the One Row Run. The units O-3 (warden) confronted me upon my coming down ordering me to return to my cell (we were being let out to go to showers).

In the course of returning to my cell of assignment, I encountered the Floor Boss going the other way. I asked him to inform 0-3 that he had given me permission to deliver the document to another cell as we passed each other. Three seconds later, this 0-3 came up from behind me grabbing my wrist and puts handcuffs on me while proclaiming “I’m tired of you ‘Mother Fuckers’”. While walking me the rest of the way to my assigned cell: the 0-3 yanked the cuffs backwards, forward and side-to-side in efforts to get me to go off – too smart for the 0-3: I didn’t go off.

I immediately filed a grievance against this 0-3 for Non-Provoked Aggravated Excessive Use of Force, implementing penal codes, PD-22 Rules, and E.D.-02.01 “TDCJ Ethics Policy” standards in slamming this malfeasant warden.

Nine days later: following the 06-01 “Grievance Investigation Sheet” was presented to this 0-3 the warden initiated disciplinary charges against me claiming that I was Out-of-Place and Created a Disturbance. Yeah, done in retaliation. Success demands that I be found guilty; and my Grievance was shot-down by the unit’s 0-2 warden.

Thirty four days after the occurrence (the time limit is 30 days) the administration illicitly ran this disciplinary case – taking four & 1/2 hours – where the C.O. I called as a witness in my defense was blatantly compromised (suborned) by the 0-3, the charging officer. on camera in front of me and several others.

After a 30 minute conference with the Hearing Officer: The C.O. came and got me to return to the hearing officer’s office. Where the C.O., of course, lied while supporting the lies of the 0-3’s that ensued.

At the hearing as well as in my grievance I repeatedly gave notice that the TLV, when viewed, will show absolute support to all my standings while revealing the malfeasance of this 0-3. At no time did the disciplinary hearing officer view this TLV footage evidence. The video was acknowledged, yet, misrepresented by my counsel.

Of course I was found guilty, maxed-out on the punishments, G-5ed, and then I was shipped to another unit. Being the hardheaded individual that I am, while knowing I am not guilty of the lies I was charged with, I filed in the local Judicial District Court for an injunctive order and successfully gained an order from the court directing the TDCJ’s Executive Director to ensure that the TLV footage evidence of the occurrence; with the suborning of the C.O. video, be preserved and not done away with. The Court bench warranted me for this action.

By the time I finished processing back into the TDCJ the disciplinary hearing’s guilty finding was – miraculously – overturned. Who’d of thunk!?! Presently, in that same District Court, I have filed a Cause of Action against the TDCJ Agency for retaliation. Naming each person involved in this fraudulently run railroading of that case premised solely on lies and retaliation. Naming each individual as “Persons of Incident.”

You see, all too often, the TDCJ Agency will: in the course of “Taking Case of Our Own,” intentionally ignore the TLV footage evidence. Herewith, I have figured out how to force them to acknowledge the video footage evidence as well as achieving accountability for their illegal conducting: getting liability to duly attach on their heads.

The TLV cameras are there to record the truth. I here have opened the door so many have overlooked. Use the cameras to reveal their malfeasance in office. For a small donation I am certain that MIM will be glad to forward a printing of the TDCJ E.D.-02.01. The Ethics Policy is an extremely powerful Executive Directive when quoted in your grievance. It scares them so much that they removed it from the Law Libraries Holding’s list back in 2015.(1)

^{notes: 1. for a list of documents not being provided on the law libraries holdings list, see Censorship of TBCJ, TDCJ Policies, Procedures and Rules}