Under Lock & Key

Revolutionary greetings of love, dedication and resiliency to all freedom fighters and fearless front line generals, soldiers and warriors who dare to struggle and sacrifice for liberty, freedom and equality from behind the walls, fences and cages of genocide and oppression. As we continue to raise awareness and lift up our voices so that we may be heard on the issues of systematic racism and economic exploitation in the criminal justice system, as well as prison slavery, police killings and brutality. We continue to see an evil and determined enemy dig in its heels in the name of white supremacy.

I am a Missouri prisoner who has been imprisoned for 32 years. I am educated with a paralegal degree. With my credentials, I have a legal clinic of 10 comrades. We have taken it upon ourselves to do separate booklets of individual civil complaints such as: censorship, religion, cruel and unusual punishment (prison conditions) etc. We will be sending those to MIM(Prisons) upon their completion. We have made censorship our first priority, and already sent this one in to MIM(Prisons).

However, we only have an ex-amount of time in the law library, so we have to copy case-law (hundreds of them) and take them back to our cells and work on our booklets. Our resources are limited and we need help! So if any of my comrades know of places that will send "unlimited" printed caselaw to us, please contact MIM to pass the message on.

MIM(Prisons) responds: These comrades are setting an example of how to make your work impact more than just one persyn. Many can benefit from concise information on how to fight specific legal battles. The first guide created by this group, fighting censorship, is a good example of this as it ties directly into a problem that the revolutionary movement behind bars faces regularly — the censorship of our literature. Under Lock & Key and other lit that we send in is often rejected and our only recourse is grievances and legal challenges. Because of the critical role that revolutionary education plays in our organizing work, we prioritize this legal battle. And we distribute a censorship guide to all who have our lit rejected.

We have a few cautionary notes to those working on this legal project and others who are interested in taking up similar legal work. First, there are many guides already out there for prisoners, so anyone putting time into this type of project needs to start by making sure you're not duplicating work.

Second, as with our anti-censorship work, it's important that we tie our legal work to our revolutionary organizing. There are many legal battles that prisoners are fighting, but these can be a distraction from the larger struggle if we don't tie them to the reality that the legal system isn't going to make real or substantive change for us. We might win a few censorship battles, but we'll never effectively stop censorship through the imperialist courts. We use the censorship struggle to highlight the hypocrisy of imperialism and underscore their fear of revolutionary education, while making some room for us to reach people with politics.

We need to be organizing people to use legal battles as a part of the larger campaigns that the movement prioritizes. We can attempt to use the courts to our advantage, but our goal in the long run is to dismantle the imperialist courts and replace them with a system of people's justice.

Revolutionary greetings to all comrades persevering in the struggle. This article is in reference to the recent rulings in the district courts within the Fifth Circuit, as well as the rulings by the Fifth circuit itself favorable to prisoners. We should seize upon this time to obtain relief for as many comrades as possible within our circuit.

We must exercise caution not to lead any comrades astray into believing that we will ever throw the yoke of oppression by way of the Amerikan nation injustice system and their courts. We can however utilize legal battles in an effort to bring in others from the fringes over to our cause by encouraging and promoting political education and unity, fostering growth and development while continuing to build our strength so that we are able and ready to seize power for the people when that time comes.

With that in mind I now turn to the most recent ruling by the Fifth circuit in August 2017 whereby they confirmed a ruling by the S.D. of Texas in a case on extreme heat. This case: Cole V. Collier, 868 F.3d 354; 2017 U.S. App. LEXIS 15847-No. 16-20505 - an appeal from Cole v. Livingston, 2016 U.S. Dist. LEXIS 77435 (S.D. Tex. June 14, 20166); is another example that can be emulated by others to obtain relief.

In that case the plaintiffs utilized Fed. R. Civ. P. 23 (a) in order to receive certification of a general inmate class, a heat-sensitive subclass, and a disability subclass; thereby containing a claim for relief for all prisoners in the TDCJ Wallace Pack Unit.

This case follows on the heels of a similar case: Ball V. LeBlanc, 792 F. 3d 584, in which the three prisoners in Angola’s Death Row building obtained relief tailored to them due to the restrictions of the PLRA to extend no further than necessary to correct the violation as to the particular plaintiffs. The plaintiffs at the Wallace Pack Unit however gained an advantage by using Fed. Civ. Rule 23 to obtain a class certification.

In conclusion I would like to encourage all comrades with the ability, to take advantage of these rulings and comb through these cases and the opinions of the judges to address any specific needs so as to obtain relief for their own units where possible. And as for those already engaged in litigation individually to encourage and aid when possible others to be that “Plaintiff” or “Plaintiffs” as I stated in a previous article. As for my own suits against the conditions and extreme heat here at David Wade Concentration Camp I will update my comrades as to any favorable progress. I am currently awaiting a preliminary injunction order to install temperature gauges such as was done in the Ball Case to prove the triple-digit temps. I also want to state that I have just returned here to D.W.C.C. after several transfers that were attempts to frustrate my legal mail and most of my suits. One of these transfers placed me at Camp F on D-tier in Angola’s Death Row building where I was personally able to see the relief provided to the three plaintiffs Ball, Code, and Magree who are housed on C-tier.

To see the full extent of relief provided see: Ball v. LeBlanc, 233 F. Supp. 3d 529; 2016 U.S. Dist. LEXIS 177911.

DARE TO STRUGGLE. DARE TO WIN. ALL POWER TO THE PEOPLE.

2017 DECEMBER — My beloved comrades at ULK, please take whatever steps necessary to convey this information to your readers, particularly those on the Texas plantations. It is my hope this will move a few to join in this all-out attack against mass incarceration, which those brothers on the Eastham Plantation are being persecuted for.

First, we have launched an attack on the totality of the living conditions on this plantation: double-celling, sleep deprivation, extreme heat, contaminated water, no toilets in the day rooms and rec yard, overcrowded showers. At present we have 5 lawsuits filed and hoping to have 5 more by the first of the year. They are listed at the end of this missive for those who might want to obtain copies and/or file for intervention. I would urge each plantation to file because each plantation has different violations, which in their totality are cruel and unusual.

Next, we have launched an at attack on the symbiotic-parasitic-relationship between Texas Department of Criminal Justice (TDCJ) and the American Correctional Association (ACA). Last year we sent numerous letters to the ACA headquarters in Virginia with various complaints including the delayed posting of scheduled audits. Apparently someone was moved to do the right thing. Then notices for the January 2018 audit were posted here in October. As a result, we of the Community Improvement Committee (CIC) here on the unit have sent petitions with hundreds of names with numerous complaints of ACA violations and requests for a Q&A in the gym or chapel. This is being done with individual letters as well. Plus, we have sent the actual notice to various reform organizations requesting them to visit the unit during the audit and act as overseers pointing out particular areas of violations such as the giant cockroach infestation beneath the kitchen.

Next we have and intend to continue to urge the public to stay on top of their legislators to change the law, making it mandatory that prisoners be compensated for their labor.

Finally, we have filed an application for Writ of Habeas Corpus requesting to be released immediately due to the fact that the time sheet shows one has completed 100% of his sentence – that even without the good time, the flat time and the work time equals the sentence imposed by the court. In addition we are drafting something similar for those sentenced under the one-third law. We are submitting to the court that these prisoners have a short-way discharge date. The application for Writ of Habeas Corpus was first filed in the state court in Travis County and denied without a written order in the Texas court of criminal Appeals (#WR-87,529-01 Tr.Ct. No. D-1-DC-02-301765A). We are now in the U.S. District Court in the Eastern District Tyler Division (McGee v Director, #6:17cv643). This info is supplied so that those with the means may download the info and/or keep track of the case. The following are the case numbers for the totality of living conditions complaint, which is also in the U.S. District in Tyler:

Walker v. Davis, et al., #6:17cv166
Henderson v. Davis, #6:17cv320
Douglas v. Davis, #6:17cv347
Burley v. Davis, #6:17cv490

The Devil whispers: "You can't withstand the storm"
The Warrior replied: "I am the storm." - The Mateuszm

MIM(Prisons) responds: These comrades are pushing the struggles to improve conditions inside Texas prisons along its natural course. Countless prisoners have sent grievances, grievance petitions, letters to the Ombudsman, letters to elected officials, and letters to various TDCJ administrators on these same issues. We have seen some victories, but mostly we've had barriers put in our way.

The next step laid out for us is to file lawsuits, which is another kind of barrier. Lawsuits take years and sometimes decades to complete, and innumerable hours of work. When we do win, we then have to go through additional lawsuits to ensure enforcement. And on and on it goes...

If we expect the lawsuits to bring final remedy, we must be living in a fantasy. A quintessential example of how the U.$. government behaves regarding lawsuits can be seen in how it totally disrespects treaties with First Nations. When the U.$. government, or its agencies, doesn't like something, they don't really give a shit what the law says. This has been true since the beginning of this government. We don't see any evidence that this will ever change.

Yet, lawsuits aren't all bad. They can sometimes create a little more breathing room within which revolutionaries can operate. Lawsuits can also be used to publicize our struggles, and to show just how callous the state is, if we lose.

Yet, most importantly, lawsuits keep comrades busy. Before any lawsuit, there needs to be a solid analysis of winability, and the likelihood of other options. While we are relatively weak as a movement, lawsuits are a fine option, and building a movement around these lawsuits will give them strength. But if your legal strategy doesn't also include building up collective power to eventually protect people without petitioning the state to do it, then your legal strategy is as useless as a feather in a tornado.

The comrades fighting these battles inside Texas have done a great job of spreading the word to outside organizations to garner support and attention for their lawsuits. We support their efforts to make Texas prisons more bearable for the imprisoned lumpen population, and we support their efforts to link these lawsuits to the greater anti-imperialist movement. And when they decide that lawsuits aren't enough to bring a real change in conditions, we'll support that too.

The U.$. legal system's role is to keep the United $tates government as a dominant world power, no matter what. The extreme heat in Texas prisons isn't just an oversight by administrators. And it's not even just about racism of guards. It is directly connected to the United $tate's role in the oppression and repression of oppressed nations across the world. If the legal system fails, don't give up. Try something else to bring it down. Lawsuits are not the only option.

I've come to recognize here at California New Folsom State Prison, that the true measure of our commitment to justice, the character of our society, our commitment to the rule of law, fairness, and equality cannot be measured by how we treat the rich, the powerful, the privileged, and the respected among us. The true measure of our character is how we treat the poor, the disfavored, the accused, the incarcerated and the condemned.

Prisoners housed at New Folsom EOP/GP mainline are being denied the right to earn good time/work time credits, and therefore can't get paroled or released. We are being denied the opportunities and support which are given to every other prisoner and at every other prison within California.

The 4th and 14th Amendment declares that "equal protection of the law" cannot and must not treat prisoners differently then others without reasonable and probable cause. People who are eligible for an earlier parole hearing under Senate Bill 260 and Senate Bill 261 pc 3051 (Youthful Parole) shall and must earn credits toward reducing time on their new parole date, not their original parole date or false reported date.

Snitches are benefiting. Lifers are getting time knocked off such as 9 to 10 years due to reasons of Prop 57. It doesn't even matter to them because they still will be labeled as lifers by the CDCR/DOC. Also those with money and/or are white have been benefiting.

Without dehumanizing or snitching or becoming SNY, we want to secure the Prop 57 rights granted us under law. We continue to struggle not to be set up and framed with charges. Many of us have caught fake cases because we've stayed silent and solid.

Please send us advice and materials so we may continue to organize.

CA USW Council Comrade Responds: The only thing I can say is that CDCr made promises that they're not living up to, once they let us all out of SHU. I can attest to the truth of the above statement. You will get privileges if you go SNY, as I met a few people while in Ad-Seg that were going SNY so the board can release them. They're not releasing anyone who has the gang label or STG label on them.

What I can say is that anyone wanting material concerning Prop 57 can write to: Initiate Justice, PO Box 4962, Oakland, CA 94605. This is the litigation team that's fighting for the changes in the regulations so that people can get parole.

First, I don't think we should waste our time organizing around these reforms because we are not a reformist org, we are a revolutionary org. Secondly, according to Prop 57 guidelines, everyone who hasn't served a SHU term is eligible for good time/work time credits, however they are not retroactive but only go towards the remainder of one's sentence. So if you've been incarcerated for 20 years and you still have 5 years left on your sentence you will only be able to be awarded good time credits towards your remaining 5 years. As soon as Prop 57 was enacted, case records began re-calculating everyones sentence who qualified. The entire process took about four or five months here.

Also, according to Prop 57 people who fall under any of the Youth Offender laws SB9, 260, 261 & 262 cannot receive earlier parole board dates than that which they already qualified for under the various State Bills. The only thing that changed is your MERD (Maximum Eligible Release Date). For example, under Prop 57 my MERD went from 2030 to 2028 but under SB261 my parole board date dropped from 2030 to 2021 at the soonest but no later than 2023.

For more information on Prop 57 people can write to the San Quentin Law Office which sends free legal materials to prisoners or they can contact Initiate Justice, Lifer Support Alliance and many other reformist orgs. By the way the final regulations on Prop 57 already came out and NOTHING CHANGED! But what else could we expect from CDC? Fuck reforming the system, smash it!

I'm writing in response to an article in ULK 58, "Illinois Budget Doesn't Include Due Process." The Illinois prisoner states he cannot get a grievance form from staff. The U.S. Supreme Court has addressed this issue in Ross v. Blake 136 S.Ct. 1850 (2016) which states "An inmate need exhaust only such administrative remedies as are available," as stated in the Prison Litigation Reform Act. The Supreme Court named three cases where this might be true:

1. "an administrative procedure is unavailable when (despite what regulations or guidance materials may promise) it operates as a simple dead end — with officers unable or consistently unwilling to provide any relief to aggrieved inmates."
2. "an administrative scheme might be so opaque that it becomes, practically speaking, incapable of use. In this situation, some mechanism exists to provide relief, but no ordinary prisoner can discern or navigate it."
3. "the same is true when prison administrators thwart inmates from taking advantage of a grievance process through machination, misrepresentation, or intimidation."

When grievance forms are not provided, prisoners need to use any available paper and write the grievance, clearly titling the form "Grievance" and explain why no official grievance form was used. Staff will either accept it or reject it. If it is rejected, get it in writing if possible. If not possible, document the date, time, location and the person rejecting the form. Include this info and/or rejection letter with the legal suit. The courts will accept this the majority of the time. If not, appeal and reference Ross vs. Blake from the US Supreme Court.

MIM(Prisons) responds: This is a helpful citation for reference since we know many prisons offer virtually useless grievance systems. This Supreme Court opinion should help some take their appeals beyond the non-existent appeals processes in their prisons. We are also adding this information to the cover letter that comes with petitions demanding our grievances be addressed, which we mail to prisoners upon request.

This grievance campaign is just one piece of the larger battle to demand basic rights for the millions of people locked up in jails and prisons in the United $tates. And these demands for basic rights need to be connected to the larger struggle against the criminal injustice system as a whole. While we might win individual battles in some cases, we will never stop the injustice until we put an end to the system. This is because prisons under imperialism aren't built to rehabilitate or reeducate people, they are built as a tool of social control. And so oppression of prisoners, and denial of their rights, is just part of the system.

We urge everyone interested in fighting to get grievances addressed to join our campaign, and use it to educate others about the injustice system. Mobilize people to do something, even if it's just mailing out a few petitions. And help them make the connections between this battle and the reason for the conditions they are fighting. Through this campaign we can build and educate for the larger fight against the imperialist system.

You will see in these two updates some court cases that appear contradictory. We want to put this information in the hands of our jailhouse lawyers, but we caution everyone to do your own research before relying on a citation for your legal work. This information is just a starting point. - Editor]

Caselaw on legal protections

The First Amendment protects the right of the people "to peaceably assemble, or to petition for a governmental redress of grievances." These rights are severely restricted in prison. Prison officials may ban prison organizations that oppose or criticize prison policies, and court decisions have generally upheld restrictions on those prisoner organizations that are permitted. There is no constitutional right to belong to a gang, or "security threat group" as prison officials often call them, and officials may impose restrictions or take disciplinary action based on gang membership.(1) In some instances courts have declared religious organizations to be security threat groups.(2) Courts have disagreed on the Constitutional status of petitions in prison. Some courts have held that they are protected by the First Amendment, while others have approved restrictions or bans on them.(3, 4) Whether prisoners can be punished for circulating or signing petitions will depend on whether prison rules give notice that such activity is forbidden.(5)

Grievances filed through an official grievance procedure are constitutionally protected(6), even though there is NO constitutional requirement that prisons or jails have a grievance system(7), or that they follow its procedures if they do have one (8), or that they issue decisions that fairly resolve prisoners' problems(9).

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 Chican@, 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.

I just finished re-reading in ULK 53 page 12 "Texas Reform Updates." It sufficiently raised my ire enough to put pen to paper and submit my 14-page memorandum which I had the balls to place into the "Head Warden's" hand personally. I enclosed a copy of the same with this letter.

As a result of that act, 90 minutes later I had a member of the Law Library staff in my cell going through my legal paperwork, devoid of the prerequisite authorization (I-186) of a Warden to do so. Whereas, other copies of my own writings — which I sent out, had duplicated, and returned via the U.S. Postal Service — were filched and used to administer a disciplinary case claiming additional fictitious contraband.

This memorandum outlines in detail how the law library (L/L) is run "out of compliance" with BP-03.81, ATC 020, 030, 050 and the Offender Orientation Handbook (I-202).

Among other things, participants of the L/L, i.e. prisoners, are disallowed the right to vocally interact in assisting each other in legal matters.

Since that fateful day, harassment and retaliation in the L/L has steadily intensified. Not being one to take this illicit conduct, I have sent a copy (oh, about eight of 'em) to various entities akin to "60 Minutes," Texas Attorney General, Texas Governor, Access to Courts (ATC) Administrator, Houston Chronicle and other prisoner-assisting organizations.

A multitude of the L/L patrons had no idea the actual truth of how a TDCJ L/L is intended to be operated and run. The staff are actually obligated to facilitate us (prisoners) in assisting one another in legal matters. Not harassing us for spreading the litigious knowledge — as per the ATC Rules.

I have several Step 2s [grievances] under review and am just awaiting their return so I can initiate State Tort action, because the Federal Courts do not have jurisdiction to make the State of Texas follow their own laws and rules. Only the State can make the State conform to its own rules.

If you think that I'm pissed, you're right! After all, I am convicted wrongfully, and wrongfully convicted in this pissant of a state. Being former military, I do not give in. I will prevail(!!) in getting things straightened out and being exonerated. In the course of accomplishing that, I will altruistically get the L/L in this POS unit to come into compliance with the legislatures' intent and the Board Policies intents too.

Other prisoners in Texas I am certain will have use for my memorandum. Go ahead and offer it up. If we prisoners in TDCJ don't start pulling together we are destined to end up fucked off. Expose these people for what they are!

MIM(Prisons) responds: TDCJ's long-term goal seems to be to hide all relevant policies from the people who are interested in them most, and then just operate its facilities however it pleases. That's why we created the Texas Campaign Pack, and why this comrade sent us eir memorandum to the Warden. If the state won't provide this information, we have to do it ourselves. Send in $2.50 to get the Texas Pack.

Exposure and lawsuits are worthwhile approaches, but can't be our be-all-end-all. We fight to not only get the law library back in compliance, but to change society to the point where these problems are no longer possible. We want oppression to become obsolete, and we want oppressed people to have the power to make this a reality!

I am on the Tier II Program in Georgia. I am confined to an isolation cell 24 hours of every day. I'm not allowed outside my cell for any reason, other than to shower three times a week. I'm not allowed ANY phone calls, visits, photos (of either friends or family), nor am i — unlike other prisoners — allowed to posess the recently distributed electronic communication device.

My entire waking moment is expended ONLY on either legal or political endeavors (this includes assisting others in such endeavors), even if it simply entails me devouring some relevant item of legal or political literature. In light of the intensity of my torture and the urgency of my struggle — our struggle — nothing else is relevant enough to warrant my attention or time.

The enemy succeeded in depersonalizing me — in dehumanizing me — in emotionally and psychologically MURDERING me! — a long time ago, before i even became aware of the fact of my systematic, gradual death. But as a result of my "death" i've grown to be as militant (and stoical) as they come. My creed is simple: "If it doesn't concern the political, it doesn't concern me." Frantz Fanon in his Wretched of the Earth stated that "any torture deeply dislocates, as might be expected, the personality of the tortured." I cannot state, with certainty, that i would have — or that i even could have — grasped the gist of Fanon's statement were it not for my own continual involuntary subjection to torture.

But to return from my digression, my lawsuit concerning the Tier II Program raises a number of colossal implications. For one, my case is the leading case attacking the inadequate due process procedures attendent upon both a prisoner's initial and continued assignment to the Tier II Program, as well as contesting, in the so-called civil and human rights context, the totality of the Tier II program confinement conditions. What this means is that my case is inevitably going to set the precedent (the criterion) by which all other subsequent Tier II cases are to be handled in the judiciary.

Moreover, with regard to my motion requesting to be released from the Tier II Program, that issue is currently pending in the court of appeals for the Eleventh Circuit. If i am successful at the appellate level — and it looks as though i will be — the favorable ruling would provide prisoners with a vehicle through which to remedy "unlawful" or otherwise erroneous assignments to the Tier II Program (and ALL assignments of prisoners to the Tier II Program are arbitrary and intentionally carried out by prisoncrats in derogation of formal Departmental policy).

But most importantly, my case — because it is the test case — is going to settle (for better or worse) important questions with respect to both the civil and human "rights" of prisoners nationwide. Such is the significance of my case. But even a string of "bad" decisions would still be "good" for the anti-imperialist movement, because it would only further "expose the fallacies of the reactionaries"(Mao), here, the futility of the Amerikkkan court system.

In any event, i will be forwarding the Prisoners' Legal Clinic some relevant court documents from my case within the next week or so, if only to keep you abreast of developments. Actually, the trial court, to its credit, has already condemned the confinement conditions of Tier II as "so egregious that a constitutional right was clearly violated."(Nolley v. Nelson, No. 5:15-cv-75-CAR(M.D.Ga.), Doc. 50, p. 29.

Title II The Americans with Disabilities Act (ADA), codified as Title 42 of the United States Code, Section 12131 (42 USC §12131, herein after §12131), applies to "any State or local government, any department, agency, special purpose district, or other instrumentality of a State or States or local government..." (§12131[1][A][B]). The ADA defines a "qualified individual with a disability [as] an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal or architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in program or activities provided by a public entity."(§12131[2]).

Disabled prisoners in state facilities come under the auspices of ADA provisions.

"[S]tate prisons fall squarely within definition in 42 USCS §12131(1)(B), of 'public entity' subject to Title II, (2) text of ADA provides no basis for distinguishing recreational activities, medical services, and educational and vocational programs provided to prison inmates from 'services, programs, or activities' provided by other public entities ...[.] [T]itle II's definition of 'qualified individual with disability' [...] which refers to 'disability' requirements and 'participation' in programs, does not exclude prisoners."(Pennsylvania Department of Corrections v. Yeskey, 118 S.Ct. 1952)

In the landmark case Ball v. LeBlanc, 792 F.3d 584, the U.S. Court of Appeals for the 5th Circuit held: Under the ADA, Louisiana state prisoners on Angola's death row were to be considered disabled if:

"[They have] 'a physical or mental impairment that substantially limits one or more major life activities.' (42 U.S.C. § 12102[1][A]). The statute defines a major life activity in two ways. First, major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, thinking, communicating, and working.

"Second, a major life activity includes 'the operation of a major bodily function.' Such functions include, but are not limited to: the immune system, normal cell growth, digestive, bowel, bladder, neurological, endocrine, and reproductive functions. The prisoners can prove themselves disabled if their ailments substantially limit either a major life activity or the operation of a major bodily function."(42 U.S.C. § 12102 [2][A][B])

The ADA requires prison officials to reasonably accommodate disabled prisoners in regard to all activities afforded able-bodied prisoners. "[D]eliberate refusal of prison officials to accommodate inmate's disability-related needs ([in] virtually all [ ] prison programs) constituted exclusion from participation in or denial of benefits of prison services, programs, or activities. '[P]ublic entity' under 42 USCS §12131(1) includes prisons."(United States v. Georgia, 126 S.Ct. 877; Loye v. County of Dakota, 625 F.3d 494)

Though the ADA bestows on disabled state prisoners the right to reasonably participate in all prison activities, probably of paramount importance to disabled prisoners is participation in requisite programs that must be attended per consideration for early release from prison to limited liberty on parole. The ADA ensures disabled prisoners access to these activities as well.(United States v. Georgia, supra.; Yeskey, supra.; Jaros v. Illinois Department of Corrections, 684 F.3d 667; Gorman v. Bartch, 152 F.3d 907; Paulone v. City of Frederick, 787 F.2d 360; Raines v. Florida, 983 F. Supp. 1362)

An organizational tactic that disabled prisoners might employ in combating discriminatory exclusion from prison programs, activities, and/or services, could be to pursue litigation as a class, or group, of plaintiffs pursuant to Federal Rule of Civil Procedure (FRCP) Rule #23. To identify as a class, disabled prisoners must establish "numerosity, commonality, and typicality."(Kerrigan v. Philadelphia Board of Elections, 248 FRD 470; Marcus v. Department of Revenue, 206 FRD 509)

In short, a contingent of disabled prisoners must convince the Federal court there is a significant number of "similarly situated" prisoners being denied their rights and entitlements guaranteed by the ADA, thereby identifying a class the court can certify as such.(Armstrong v. Schwarzenegger, 261 FRD 173) Once a class has been certified, any injunctive relief enforcing the ADA encompasses all prisoners identified as the class of prisoner plaintiffs.(Schwarzenegger, supra; Benjamin v. Department of Public Welfare, 807 F.Supp.2d 201)

Monetary damage awards can be obtained if the state actors are deliberately indifferent to prisoners' disability or if violations of the ADA are intentional.(United States v. Georgia, supra; Tennessee v. Lane, 124 S.Ct. 1978; Panzardi-Santiago v. University of Puerto Rico, 200 F.Supp.2d 1).

The ADA enjoins prison systems to provide disabled prisoners auxiliary or adaptive aid devices ensuring disabled prisoners are reasonably able to participate in prison programs, activities, and/or services. (Robertson v. Las Animas County Sheriff's Department, 500 F.3d 1185). This means if you are disabled or impaired as recognized per the provisions of the ADA, the state must provide you with implements and apparatus so as to assist you in participating in common daily and required programmatic activities.

In sum, to prevail on an ADA violation claim, a disabled state prisoner would submit to a Federal district court with jurisdiction a civil rights violation complaint pursuant to 42 USC §1983 (United States v. Georgia, supra) (a §1983 form can be obtained from the clerk in the district in which the civil suit is to be filed) citing §12131 as statutory provision authorizing the claim. In the complaint a prospective plaintiff must show they are a qualified person with a disability, they were excluded from participation in or denied benefits of a prison system's programs, activities, and/or services, and the exclusion and/or denial of benefits was due to the prisoner's disabilities.(United States v. Georgia, supra; Panzardi-Santiago, supra; Constantino v. Madden, 16 FLW Fed D 321)

Prison administrators are to be trained, and to train or to have trained prison officials and personnel that are to supervise and have contact with disabled prisoners.(Gorman, supra) Moreover, it is important disabled prisoners be aware non-medical prison officials can in no way supersede any medical directive affecting a prisoner's disability or accommodation thereof. (Chisolm v. McManimon, 275 F.3d 328; Beckford v. Irvin, 49 F. Supp. 2d 170; Saunders v. Horn, 959 F. Supp. 689; Arnold on Behalf of H.B. v. Lewis, 803 F. Supp. 246)

The above is a very brief and truncated overview of the ADA as it applies to state prisoners and should not be construed as a comprehensive examination of disability law as it pertains to prisoners. This article is no more than a primer meant to initiate disabled prisoners with their legal rights and remedies. If a disabled prisoner is experiencing abuse and discrimination at the hands of prison officials, the disabled prisoner should take it upon themselves to research pertinent precedents and authorities necessary in remedying the situation and pursue those via the various avenues of relief.

The U.S. Department of Justice provides a free 211 page booklet entitled "ADA Title II Regulations: Non-discrimination on the Basis of Disability in State and Local Government Services." The booklet can be had in large print, audiotape, Braille, and DVD. The booklet can also be provided in Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Spanish, Tagalog and Vietnamese. Or it could be, that is until the Jingoist xenophobe Trump took the imperialist helm. The DOJ can be contacted at:

U.S. DOJ
Civil Rights Division
Disability Rights Sec.
950 Pennsylvania Ave, NW
Washington, DC 20530

There are a number of non-governmental organizations that assist disabled prisoners on a pro bono basis. The DOJ can provide contact information for disability rights advocates in your area.

Finally, the law library at your facility may have available for review the annotated version of §12131. This annotated edition of Title II of the ADA provides synoptic court rulings of the rights afforded disabled prisoners.

Very important is to document and keep records of all acts of disability discrimination and violations of the ADA — incidents, names, dates, witnesses, etc. This can best be accomplished via the administrative grievance procedure at your prison, while at the same time executing the required exhaustion of administrative remedies prior to filing suit.

In closing, it is my sincere desire that this overview proves to be of effective utility to those disabled prisoners facing the barbarous conditions of existence imposed on them by the enforcers of the carceral state.

To any able-bodied prisoners that may read this brief overview, I would remind you, an injury to one is an injury to all!