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[COVID-19] [Political Repression] [California State Prison, San Quentin] [California]
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San Quentin: Greatest Concentration of COVID-19 after Guards Refuse Masks and Put Hands in Prisoners' Food

15 May 2020 - During the 2 weeks that came and went since my last report, I’ve encountered quite a bit of backlash. Another prisoner and myself are always reminding these so-called “essential employees” here at San Quentin to wear a face covering. On 14 May 2020 during second watch food service we observed two “essential employees” NOT wearing masks. Upon pointing out the obvious, one (Alwhart) approached the prisoner’s cell who spoke up. Alwhart then threatened the prisoner, saying “Shut up and mind your own business if you know what’s good for you, PC piece of shit.” Alwhart mumbled something else (unintelligible) as he walked away to be confronted by another prisoner about the same thing.

Later, when yard release program was called, Alwhart arrived at the cell of the prisoner he threatened earlier and began the process. The prisoners are required to hand the “essential employee” the items they are bringing with to their assigned yards. The prisoner passed Alwhart a clear plastic ziplock bag containing lunch fruit, bread slices, antiseptic scrub (within its own clear ziplock labelled KOP) and a small ziplock containing a small amount of dry beverage. The first thing Alwhart did was open the clear ziplock, then he began stirring the contents with his gloved hand. As he stirred, Alwhart said to the prisoner he was clearly harassing: “I’m going to search the shit out of your cell too when you go to the yard because you need to learn to shut up.” The prisoner he just threatened for a second time said: “I figured you might go that route so I left you a note with copies of Title 15 3084(g) and 3287(a)(2).” The prisoner continued, “Your threats of violence don’t sway me a bit and you need to wear a mask or I’m writing you up for violating 15CCR 3271 and Marin County’s mandate that all”essential employees wear a mask at their place of employment at all times." Alwhart then threw the prisoner’s searched property back into the cell and falsely reported to the assigned tier officer (Costa) that the prisoner refused yard program. True to form, Costa packed Alwhart’s play and feigned ignorance about the arbitrary yard denial. Sgt. Guitierrez (who also does NOT wear a mask) tactically avoided paying any attention to the unbecoming conduct of the essential employees under his supervision. That’s to be expected. That Sgt. also refuses to respond to a CDCR Form 22 attempting to resolve the issue of the other disrespectful sows in his pen NOT wearing masks.

Some other prisoners in Reception and the death row tier are beginning to understand how the insolence and pig-headedness of these so-called “essential employees” is going to adversely affect the entire prison population. We (death row) are already on an unbalanced yard rotation schedule. There are no visits and no mental health yard program. Once any death row prisoner is tested positive for COVID-19, contact tracing would not require Dr. Bright to shine light on the obvious.


MIM(Prisons) adds: San Quentin has been making lots of news around the epidemic staff have brought there. This began when prisoners were transferred from the California Institute for Men (CIM) in an attempt to protect them from COVID-19. It turned out some were already infected and brought it to San Quentin. And as this comrade reported in April staff have continued to intentionally put prisoners at risk, even after it was clear that the disease had arrived at the prison, violating federal, state and local mandates.

As of 27 June 2020, San Quentin has the most COVID-19 cases within CDCR (614) and CIM is second with 514.

notes: https://www.cdcr.ca.gov/covid19/population-status-tracking/

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[Civil Liberties] [Brown Berets - Prison Chapter] [National Oppression] [Political Repression] [Police Brutality] [White Nationalism] [Black Lives Matter] [California]
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Lynchings in the Midst of BLM Uprisings

THEY TRIED TO BURY US

THEY DIDN’T KNOW

WE WERE SEEDS!!!

Black & Brown Unity Justice for George Floyd

Re: BLM

16 June 2020

Revolutionary Greetings!

Hello - Saludos y Respeto to all those in the struggle, the struggle is real. I must weigh in on the events unfolding in Southern Califas. Namely the two lynchings, the first in Palmdale CA, the second in Victorville CA. What do they have in common? Answer: the Sheriff’s Department! Both racist-both departments have a long history of working together and as a political prisoner held in CDCR these are the same two departments that joined forces to try and silence my voice and bring down the AV Brown Berets.

Both Departments have deputies that are card carrying members of the racist Minute Men, the new KKK. And having shined the spotlight on this fact earned me a Life sentence for crimes I did NOT commit.

And in both cases there is no doubt in my mind there is Departmental involvement. And nothing can surprise us coming from these two historically racist departments.

In both cases these were meant to send a message to the BLM movement against police brutality going across this nation right now, and to discourage it! The Evil and racist regime in Palmdale has a long history of using these tactics to silence the voice of the PEOPLE. And if they can’t kill you, they will bury you behind the wall. And this will not stop until they are made to understand the world is watching and will hold them responsible and accountable for their actions. But the racism and prejudice is systemic NOT only in the Sheriff’s Dept. but also in City Government in the Antelope Valley and Silver Valley (The Sinister Valleys) to a mind-blowing degree.

My heart goes out to the families, friends, and loved ones of these latest victims of these Evil Regimes. I spent years of my life trying to expose the racist and criminal practices of these two partners-in-crime, it has come at a great cost. My family, my freedom, not to mention all my worldly possessions but I will NOT stop until justice has been done, and the Evil has been exposed; because the needs of the many outweigh the needs of the ONE. In the end the TRUTH ALWAYS comes out! We must continue to move forward and not be discouraged!

LA LUCHA SIEGE!!! VIVA LA CAUSA!!!

(Justice for Ro Alvin Harsh)


MIM(Prisons) adds: Six lynchings, 5 of them New Afrikans and one [email protected], have been reported on the heals of the recent uprisings against police terrorism.

  • Robert Fuller, a 24-year-old, New Afrikan man hung from a tree in Palmdale, CA is under investigation

  • Malcolm Harsch a 38-year-old, New Afrikan man hung from a tree in Victorville, CA has been declared a suicide by police and the family

  • Dominique Alexander, a 27-year-old New Afrikan man hung in a Manhattan park and was ruled a suicide by the police, who later said an investigation continues

  • a 17-year-old New Afrikan boy was hung from a tree in Spring, TX was ruled a suicide by police

  • a [email protected] man was hung in Houston, TX was also ruled a suicide after family stated he was suicidal

  • Otis ‘Titi’ Gulley, 31, a New Afrikan transgender woman hung in a park in Portland, Oregon was ruled a suicide by police

notes: 22 June 2020, The Sun

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[Organizing] [Political Repression] [Neuse Correctional Institution] [NC Correctional Institution for Women] [Central Prison] [North Carolina]
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Admin Cracks Down on Organizers as Protests Begin in NC

Revolutionary Greetings!

Just recently, the national grievance petition that I drafted got published in several newspapers. Then our cell block got raided multiple times, and cellphones were confiscated. Well the C.O.’s put the searches off on my organizing and blaming me for the raids. As a result, a XXXX gang member stabbed me 5 times in the back with an ice pick. I am recovering fine but it just goes to show how far these fascists will go to shut me up.

Next, I would like to update you on these petitions. So on 8 May 2020 citizens in Raleigh, N.C. did a vehicle protest blaring horns, marching with signs in front of Central Prison in Raleigh & prisoners on the inside went on a 3 day hunger strike and refused to lock down at the facility.

On 9 May 2020 many protests broke out at the Neuse Prison inside and outside demanding N.C. prisoners’ human rights.

On 10 May 2020 women prisoners at NCCIW also protested on the inside while dozens of cars blared their horns outside of the prison in solidarity and marched in front of the prison until local police from two agencies were dispersed to break the crowd up.

Prisoners are tired of being restricted from writing to other prisoners of the opposite sex. Tired of paying $10.00 for prison rule violations, restrictions on who can send us money, life sentences and all the b.s. time we are being sentenced.

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[Political Repression] [Censorship]
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[email protected] Power Book Accused of STG Material

19 October 2016 – I received ULK 52 today and in one article I see that it states that the literature [email protected] Power and the Struggle for Aztlán is banned in Texas. Well, I have a copy of this book and back in June when the STG officers seized all my property before locking me up in Ad-Seg, the book was found among my property. I was questioned extensively about me being in possession of the book, because of the reason they were investigating me. They say that I am a ranking member of a security threat group that coincidentally is the Texas Chicano Brotherhood! They tried to say that the book was propaganda of said group! I argued that it in no way had anything to do with any group as they assume. I was still placed in Ad-Seg, but ended up being able to keep my book. If it was banned I believe they would of confiscated it.

MIM(Prisons) responds: This comrade is correct that the book [email protected] Power and the Struggle for Aztlán is not related to the Chicano Brotherhood. However, the term Security Threat Group is used frivolously to label and restrict any group organizing in its own interests, if those interests are different from the state’s. Oppressed nation people (e.g. [email protected]) organizing for their own interests is inherently in opposition to the interests of the United $tates, because the United $tates has stolen the land of the [email protected] people, and oppressed [email protected] for as long as the two groups have been interacting. The term Security Threat Group is not about gangs or violence, it’s about politics, capitalism, imperialsm, and national oppression.

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[United Front] [Political Repression] [ULK Issue 64]
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USW Leader Under Investigation For Spreading United Front for Peace In Prisons Principles

As we come closer and closer to September 9th, Day of Peace & Solidarity, covered in the shadows of Black August, Bloody July, and Blue June, the members of United Struggle from Within(USW) under guidance of the Comrade Loco1 have begun to suffer attacks by the state at the local prison level of Kern Valley State Prisons(KVSP). As we of the common collective refer to it, "Killer Kern", it has been a long time coming this day that members of the MIM(Prisons) guided mass organization came under direct line of fire, but the time has come.

As of late June of 2018, members and supporters of the USW have been on the ground establishing the five principles of the United Front for Peace in Prisons(UFPP) where there has been hostilities between racial factions of the [email protected] nation groups and a particular New Afrikan social group. The hostilities have resulted in riots between both nations that have caught in the line of fire: elderly, crippled, and mentally ill. Members of USW took the lead and waged a strong campaign for the establishment of a Peace Protocol that introduced both [email protected] and New Afrikan prisoners to the UFPP.

USW Loco1, and a key supporter of the UFPP, Silent Israel of The Mafia Alliance(TMA) begun organizing peace talks with various [email protected] nation group leaders on the behalf of the New Afrikans at this local level. Where the pigs had established a culture of turning a blind eye, and even instigating violence against New Afrikans, who are out numbered by the [email protected] factions by far. USW immediately went into overdrive on the consciousness of the masses, which included particularly a call for all convicts to cease in what appears to be radical hostilities driven by police provocations and programming to keep the masses at war and distracted of the rising sun of September 9th. These local leaders put themselves on the chopping block by holding open dialogues with the masses addressing issues like "Racial Segregation" used by the pigs to divide the lumpen, stripping prisoners of the power of uniting. Keeping prisoners in a state of powerlessness.

Loco1 began to spread information about the September 9th commemoration of Attica State Prison, the year 1971, as a means of demonstrating the sort of power prisoners possess if only they'd cease in the war games between themselves and concentrate on the true sell outs, baby killers, sexual predators and traders of national loyalties. The police that is. This instantly made USW and its leader at this local level a target. When prisoner leaderships agreed to cease its hostilities and instead develop a communications system between the two nations, the pigs took it as a personal attack against their false economic interest by Loco1 and immediately orchestrated a plot to have the USW leadership removed and placed into solitary confinement.

As Loco1 and the rising USW supporting committee began gearing up to face off with the pig administration as to its position on a local boycott of KVSP systems and fraud services, in solidarity with the National Prisoners Boycott led by members of the Freedom and Justice Movement, the pigs launched a full frontal agitation campaign to instigate hostilities between themselves and all New Afrikans. What with the New Afrikans leading the way on issues at the local level with: pigs applying excessive force, failing to protect, ignoring prisoner safety concerns, orchestrating a gladiator program, pitting prisoners against one another, etc. Who better to concentrate on? And when New Afrikans failed to bite on their agitation, pigs finally revealed that Loco1 is hatching a conspiracy that involves prisoners repeating history, September 9th, 1971. So to all members of the United Front for Peace in Prisons, USW needs you to pick up the slack and act on your five principles, that these USW comrades do not stand alone in isolation.


[In ULK 63 Master K.G. Supreme reported on CDCR instigating violence as part of the integration of "mainline" and SNY prisoners.]

A USW comrade adds: I am one of the 40 prisoners who along with Supreme was part of a CDCR plan staged by SATF Corcoran and Kern Valley to remove from the lower level 270 design to a hostile 180 design in order to build numbers for Africans so that the race wars amongst Hispanics and Africans that was instigated by correction corrupt officers and its administration as a last call to prolong releases of nonviolent offenders. It was expected we would come and continue the race conflict. However, I and Supreme came and established a peace between the both sides and now that CDCR see that, CDCR has found other ways to continue to frustrate the peace process such as placing informant Africans in the D yard block 5 & 6 to collect intel or perhaps cause chaos such as a buffoon who they sent in the block yelling racial slurs to the Mexicans while at the same time claiming he's Black Mafia.

The corrupt officers sent him there to attempt to cause a new storm that had been calmed. When neither the Blacks or Browns fell for it! They yet did it again, this time with a Brown who was mentally ill who began yelling nigger at Blacks until finally a Mexican removed him. So here we see two attempts that failed. Now CDCR sent an informant name XXXX with the promise of a job to give intel on us to remove comrades to Ad-Seg units. This so that there would be no peace keepers. Well they removed Supreme to Ad-Seg due to the snitch's alleged claim that Supreme was staging assaults on staff. Myself now being left to keep the peace alone has now become the target of jealous Israelite Africans seeking position rather than appreciating the Moses of their time. We all know the story of Moses who came to his people's aid and then was told by one slave: Who made you ruler over us? You gonna do to me what you did to the Egyptian who mistreated the other one of us yesterday. (Exodus 2: 11-14).

Today Kern Valley is refusing yard to prisoners and showers. The prison administration is keeping the prisoners locked down in violation of federal and state laws. Officers are doing all sorts of trickery under administration in order to create conflict with prisoners. The inhuman treatment is beyond being fixed by its own. CDCR can't police itself and this is demonstrated. I spoke with several righteous officers who don't agree with what is going on and they are feeling that they too are being pent against prisoners in order to feed their family. I come from an alliance of all races, we come and try to bring peace and harmony wherever chaos exist and put it to death. We as USW must begin to understand the facts! This is the facts! Either jump aboard or jump off board. Everybody got choices. To my cousin Master K.G. Supreme, you are not alone, I feel your spirit brotha. "One Love"

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[Organizing] [Political Repression] [Colorado State Penitentiary] [Colorado] [ULK Issue 64]
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Shower Power in Colorado

On 14 May 2018, after seven days of being on lockdown and receiving one shower, 6 prisoners at the Colorado State Penitentiary (CSP) in the Management Control Unit covered their windows in protest and demanded they be given showers. The administration argued that they had been taken off lockdown on May 12, and therefore were not due showers.

On May 12, the facility had been taken off lockdown for 10 minutes and as soon as the doors opened multiple prisoners began fighting and the facility immediately went back on lockdown not ten minutes later leaving prisoners without a chance to take showers since May 10th. Colorado's policy is that prisoners get a chance to shower every 72 hours.

At CSP each tier has 8 cells housing one prisoner each, 2 tiers per pod and 8 pods per unit. Six out of 8 prisoners all agreed to protest by covering their windows. Rather than allow the prisoners the human dignity of a shower, the cell extraction team was deployed, and a chemical weapon known as FOXISPRA Jet Oleoresin Capiscum (O/C) spray was applied. This caused several of the prisoners, including the author who has respiratory issues and is "O/C restricted" yet was still sprayed, to pass out. Apparently to Colorado DOC, being unconscious is considered resting. As usual staff tailored the reports to fit their needs, each prisoner was given disciplinary charges and monetary fines of $117, most of which was for one time use items that should have been split six different ways.

Sadly, the goal was not accomplished, however the 6 were allowed to shower to remove the O/C spray. The bright side is that solidarity such as this is on the rise in higher security prisons in Colorado, and this story has been circulating around the facility with high regard.


MIM(Prisons) responds: Building unity around common oppression is an important part of organizing behind bars. When people start to come together to demand their basic rights, they also start to see the power of this unity. Revolutionaries can build on this unity by helping folks to see how these individual situations of oppression are tied to the broader criminal injustice system. And making these connections we can start talking about what we need to do to fight back on a broader scale. Lots of people report their political awakening going back to persynal experiences of oppression, coupled with revolutionaries helping them see the ties to the broader system of oppression. United Struggle from Within comrades can play this leadership role by starting from where people are at and building with them.

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[Aztlan/Chicano] [Political Repression] [Sterling Correctional Facility] [Colorado] [ULK Issue 64]
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Chicano Unity Leads to Lockdown

Thank you for your literature list. I am interested in a lot of the material more so on Aztlán/Mexico. As of right now they are censoring and denying the book [email protected] Power and the Struggle for Aztlán. Since a movement has started that has ended all brown-on-brown violence between two tribal groups we were put on lockdown because all violence stopped. Both groups were going to class, rec, sitting, eating together and staff did not like it and slammed us down. I only have a couple more weeks in this facility. As soon as I leave I'll put in an order and send money for the materials I need since for some reason this facility has stopped everything about Aztlán or Chicano revolutionary subjects.


MIM(Prisons) responds: This is very inspiring news coming out of Colorado. The oppressors have always feared the unity of the oppressed. We take it as a sign of success that the prison felt compelled to respond to the unity of [email protected] with a lockdown. They expose themselves with these actions: prisons are not trying to reduce violence, they are just in place to implement systems of social control. Unity of the oppressed threatens that control. Keep up the good work comrades!

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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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[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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