Under Lock & Key

In Jacksboro, Texas, Correctional Corporation of America unit offenders with disabilities are discriminated against per 42 U.S.C. § 12132. The use of solitary confinement on prisoners with serious mental illnesses at this jail does not meet state legal standards. Offenders rights under the Americans with Disabilities Act (ADA) as well as the Eighth Amendment are in dire straits. The Texas Department of Criminal Justice (TDCJ) fails to follow policy and laws. Offenders are in their cells 24 hours a day. I was placed in a psychiatric unit in Lubbock, Texas (Montford Unit) from February to September 2013, locked in a cell all the time. Then I moved to state jail and all my medications that I was given by TDCJ doctors were taken away and they told TDCJ they don’t allow that medication on this unit.

I am being given the run around fighting this because courts have ruled that private prison corporations are not a public entity merely because they have entered into a contract with a public entity to provide services. An instrument of the state is only a government unit or unit created by a government unit; as such, no title II ADA claims are applicable. The ADA does not apply to private prisons.

MIM(Prisons) adds: We have written extensively about the health effects of solitary confinement which is cruel and unusual punishment even for healthy prisoners. Those with mental health problems are even more dramatically harmed by this long-term isolation. Texas has a history of “treating” prisoners with mental illness with torture. We know that this isolation is a tool of social control in a criminal injustice system that does not care about the health of prisoners. Further, prisons use mental illness and labels, treatment and the withholding of treatment, as another tool of social control. We must fight this with our own institutions of mental health: education, persynal healthy practices, mental engagement and social interaction where possible. In addition to our educational programs and work connecting prisoners with the struggle on the streets, we distribute portions of the American Friends Service Committee’s Survivors Manual for people in control units. Write to us for a copy and for more information on how you can plug in to the anti-imperialist prison movement.

I am also working on my criminal convictions. I’ve navigated myself through multiple tiers of appeals. I really had a hard time exhausting all my state remedies in the Arizona State Courts. It took me almost eleven years to figure out, but most recently I filed my first federal habeas corpus petition in Arizona Federal District Court. I am requesting that the federal court appoint me a lawyer to investigate the possibility of state judicial corruption against the Tucson Police Department and the Pima County Attorneys Office. Last week I filed a Writ of Certiorari. This is a petition to the United States’s highest court; they only address issues involving “Constitutional magnitude.” I’m asking them to resolve the Constitutional question that was left open in Martinez V. Ryan, 623 F.3d 731, 132S.CT1309(1023) of:

“Whether a defendant in a state criminal case has a federal Constitutional Right to effective Assistance of Counsel at initial-review-collateral-proceedings specifically with respect to his ineffective-assistance-of-trial-counsel-claim.”

Because state law does not mandate Effective Assistance of Counsel during a convicted criminal’s Initial-Review Collateral Proceedings (Ariz. R. Crim. P. Rule 32), I’m able to believe that prisoners in Arizona are being discriminated against because they’re indigent and cannot afford effective counsel during their Initial-Review Collateral Proceedings. The United States Supreme Court only takes 3% of the cases filed each term, so the odds of them taking my case is nil, but imagine if they did. WOW, this would mean that a pro se litigant would have molded the law to conform to the needs of the oppressed here at the very bottom of society’s heap. A person is only as big as his dreams.

Fortunately, it does not end there. A Section 1983 Civil Rights Action prohibits a state from discriminating pursuant to the Fourteenth Amendment to the United States Constitution, which provides that:

“No state shall… deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the Law.”

The clause is “a direction that all persons similarly situated should be treated alike.”(City of Cleburne V. Cleburne Living ctr, 4730 U.S. 432,439 (1985))

I am determined to build a strong campaign to gain Injunctive Relief in a class action seeking to remedy the Sixth and Fourteenth Amendment violations caused by Arizona Rules of Criminal Procedure Rule 32’s past and continuing operations. Our actions, even if successful, will not demonstrate the invalidity of our conviction or sentence, therefore Section 1983 Class Action is the proper vehicle.(Wilkinson v. Dotson, 544 U.S. 74,82 (2005).)

If you feel you were denied Effective Assistance of trial council, and a Fourteenth Amendment right to effective assistance of Appeals Counsel for your Initial-Review Collateral Proceedings because either you did not have an attorney during your first Rule 32, or your Arizona R. Crim. P Rule 32 Lawyer was ineffective for failing to investigate Trial Counsel claims and/or other substantial right claims during trial, it would be important to draft out a notarized affidavit outlining the facts in your specific case and send them to the addresses below. If we’re able to gain enough affidavits, then we could proceed to present these facts to a federal district court asking them to appoint class counsel and certify our case as a class action. All we can do is try! In Strength and Solidarity, Revolution!

Send your notarized affidavits to:

Arizona Prison Watch
P.O. Box 20494
PHX, AZ 85036

Middle Ground Prison Reform
139 E Encanto Drive
Tempe, AZ 85281

Arizona Justice Project
P.O. Box 875920
Tempe, AZ 85287-5930

MIM(Prisons) adds: Please note to not send your affidavits to MIM(Prisons). We do not have the resources to copy and mail your affidavits to the addresses listed above.

We commend this comrade on discovering loopholes in the legal system and attempting to remedy them to the advantage of the most oppressed in this country. We encourage comrades in Arizona to participate in this effort to provide more legal support to prisoners in the state (at least on paper).

And we must remember that our struggle cannot stop there. While a successful habeas corpus case may help a prisoner to be released, a release is only as valuable as what you do with your time when you’ve made it outside. A recently released comrade wrote of the challenges s/he will face after h parole, and the difficultes s/he will have in carrying out political work, even though s/he is supposedly now “free.” The trend toward individualism of general legal counsel is one reason why the MIM(Prisons)-led Prisoners’ Legal Clinic only works on issues directly related to expanding our ability to organize, educate, and build toward an end to illegitimate imprisonment altogether (i.e. communist society). We believe people should fight for their release, but that they also should struggle for the release of the world’s majority from the chains of imperialism.

Related to the topic of carefully selecting our battles, we have written extensively on the limitations of focusing on fighting housing mentally ill prisoners in long-term isolation.(1) Some shortcomings of this strategy are legitimization of long-term isolation for not-yet-mentally-ill prisoners, and the fact that long-term isolation leads to mental illness in prisoners even if they entered isolation with sound mind and body. Of course we agree with the principle that mentally ill prisoners should not be housed in long-term isolation. But we take it further to say that no prisoners should be housed in long-term isolation, and we see no value in selling out some comrades on this issue in order to save others; eventually everyone held in long-term isolation will suffer mental illness. Abolish the SHU!

The wardens in the California prisons that have SHUs are to meet with the prisoners to address the human rights violations that go on here and make the necessary changes to put a stop to these abuses. But here in Tehachapi they are so corrupt and unethical that they will not meet with us. Instead they took it upon themselves to intentionally not process our 602s [grievance forms]. Every 602 we file to address the ongoing neglect and abuse of authority by California Correctional Institution (CCI) officials either gets lost or rejected under made-up policies. Their reasons for rejecting them are nowhere in the Title 15 or Department Operations Manual. When we prove them wrong is when our 602s go missing.

I have brought this abuse of authority to the warden, captain, and lieutenant’s attention with no results. To my surprise I was informed that it was these high ranking officials who instructed the appeals coordinators to not process our 602s. These officials here would rather cover up and falsify state documentation instead of addressing and following their own policies. We have the documents to prove this, but if we can’t get our 602s processed then it’s pointless. These officials behave like they are above the law. They lie and openly admit that they don’t have to follow their own policies regardless of who is negatively affected.

MIM(Prisons) adds: This is a good illustration of what we mean when we call a system a bourgeois democracy. In such a system, certain freedoms are very important, especially those related to trade and exploitation. But for the oppressed peoples there is no democracy in this system. These state officials, who are bound by the laws of the state, regularly break those laws with impunity when it comes to the oppressed. That is why we say the rule of the bourgeoisie must be replaced by a rule by the proletarian class, whose interests would respect the rights of all to be free of the abuses prisoners face in the United $tates.

We believe this requirement that wardens meet with prisoners is an outcome of the recent prisoner strike in California that targeted the inhumyn conditions of isolation specifically. But it is no surprise that at CCI the high-ranking officials are denying prisoners’ access to the legal appeals system through which they are required to file. In fact, this is not specific to CCI; we hear regularly about grievances being “lost” in many prisons. And this is why the campaign to demand grievances be addressed was initiated in California in 2010. This campaign won’t solve the larger problem of torture in the SHU, or overall corruption in the criminal injustice system, but it gives prisoners a systematic way to fight for their limited legal rights to appeal wrongdoing by the prison staff. Write to us today for a copy of the grievance petition for your state. Organizing around this campaign is one way to organize the oppressed nations and classes to eventually replace those in power now.

I am a Georgia prisoner of war at Hancock State Plantation and just recently on 13 November 2013 I was locked down with numerous others on a Tier II program of “gang control” for long-term lock down. The administration says we are a threat to the security and welfare of the institution. We were stripped of all our property, including hygiene, and given state issue everything.

They tell us that the program is for behavior modification, which is crazy considering most of us haven’t been to Ad-Seg in years. But they tell us the qualification for this program runs 5 years prior sanctions. We are not allowed to receive mail, literature, or be involved in programs for any type of reform even though certain inmates are required by courts to take classes in order to be released.

We only get one 15-minute phone call a month on Tuesdays and Thursdays, which are working days to the employed across the United $tates. The phones turn on at 8am and are cut off at 4:30pm. On top of all this, our visitations are on the same days as our phone calls and we are allowed to have only 2 hours of non-contact visits with a 2-person max of visitors. Most of our families travel more than 2 hours just to see us.

Due to the lack of professionalism, or to the abundance of corruption, we do not receive our 5 hours of outside recreation, nor do we receive cell clean up, which is a violation of our prisoner rights per Georgia Department of Corrections Standard Operating Procedures. We are forced, by coercion of disciplinary reports and gas accompanied by a strip cell, to have a cellmate even though this is a long-term lock down unit and we are considered a threat to the security of the institution and other persons. I heard the warden tell the captain pig “to let us kill each other.”

Nine months is the minimum time you can be held in this Tier II program, but if you receive a Disciplinary Report (D.R.) 90 more days are added to your stay. There are seven close security plantations in Georgia that have this Tier II program and they can hold us up to 2 years in each one, which is 14 years in isolation all together if they choose to hold you that long.

The pigs tend to aggravate and irritate us to react out of frustration so we can receive a D.R. They do everything intentionally in order to trick us into longer stay in Ad-Seg. They know that if everyone was to complete this program in 9 months they wouldn’t have any program.

What’s so fishy about this sudden occurrence of a Tier II program in Georgia is that earlier this year the Crips, Bloods, and GDs came to a peace treaty in order for us to unite against the pigs’ oppression. We are not organized to the point of a name, but we are upholding the principles of the United Front. We are trying to educate our comrades in a more revolutionary mentality. As of now, most of the leaders and the more influential participants are locked down in Ad-Seg and I don’t find this a coincidence. The pigs hate the idea of us uniting in peace and not killing each other.

Just as the oppressed communities are racially profiled as the garbage pits of society that breeds and houses criminals, we prisoners are racially profiled in practically a similar, if not a more blatant extreme. The powers that govern and operate the U.S. Prison Colonies, have catapulted measures that are atypically designed to target prisoners, and criminalize their behavior in relation to belonging to a disruptive prison gang, in particular, those prisoners who are descendants of Afrikan/Mexican origin. They target those prisoners who have demonstrated the capacity of independent thought process (non-conformity), or those who are believed to be some kind of shot caller, with influence over a particular group of prisoners. The independent thought process itself that will enable prisoners to become conscious of the injustices that are perpetrated on a regular basis behind these walls, and so they are considered a threat.

This criminalization is called “The Validation Process.” Prisoners in the SHU (Security Housing Units) at Pelican Bay State Prison, in Kalifornia, have been validated as criminals belonging to a prison gang, for some of the most idiotic reasons. From saying good morning to a fellow prisoner, to signing a fellow prisoner’s get well card for a sick relative, or a loved one. But the most ridiculous reason of them all is the administration paying three collaborating informants to say that you belong to a prison gang! Usually you’ve never even met this paid rat, or only may have by chance possibly shared the same breakfast table with him one morning, or looked at him in a manner that he did not appreciate one afternoon. But yet, the burden of reliability is given to the paid rat automatically, prior to the actual examination of facts. The courts/society are practically lulled to sleep in the midst of this madness, as the U.S. Prison Colony officials have planted the seed in them, that their means of action is just, and required, in the interest of protecting the safety/security of the institution. That’s nonsense! As per Pelican Bay State Prison’s own policies, a gang member is one who is consciously, and knowingly promoting criminal activities for a particular gang. Over 75% of the prisoners housed in the SHU at PBSP are being housed on an indefinite basis as allegedly belonging to a prison gang, but have not committed one rule infraction.

MIM(Prisons) adds: This writer exposes the use of control units for social control in Amerikan prisons. This system of isolation for control has a long history in the Amerikan criminal injustice system. Demonstrated to cause both severe mental and physical damage to humyns, this long-term solitary confinement is nothing less than torture. The recent prisoner hunger strike in California was initiated by prisoners demanding change to the rules behind SHU lockup and improvements to the conditions in the SHU. Conditions are so bad that prisoners are literally wiling to die to fight for change. The importance of control units, as this writer describes, is control of leaders and politically conscious prisoners. This is not about criminal activity, it is about stopping prisoners from spreading consciousness. Many of those targeted for the SHU are actually promoting peace among prisoners, organizing different sets to get together to fight the injustice system. The prisoncrats know this is the real threat to the system.

Administrative and medical retaliations continue by California Department of Corrections and Rehabilitation (CDCR) staff as retribution for any sort of participation in hunger strikes and/or show of resistance. Recent validation reviews have shown futile since CDCR is utilizing hunger strike and single cell write-ups as proof of [security threat group] association. Doctors first question, before denying all subsequent inmate request for pain management, is: “were you in the hunger strike?” 602s [grievance forms] are disappearing from inside locked metal boxes.

MIM(Prisons) adds:Control units were developed as a form of political and social control within the prison system, and this blatant political repression against prisoners who protested against them shows that social control is still their purpose. The review process is a sham to allow the state of California to continue to torture oppressed people while pretending to make changes.

We must continue the fight against these isolation units, but we know that real and lasting changes will only be made when we dismantle the criminal injustice system. In the short term we fight for reforms to improve the conditions of those locked in these torture cells, but the imperialists will not reform away their tools of social control. This is why we see the fight against the criminal injustice system as an integral part of the anti-imperialist struggle.

For many of us Herman is much more than simply a prisoner who was held in the hole for decades. He co-founded the first prison chapter of the Panthers, and spent his time in prison serving the people. He dedicated his life behind the prison walls to educating people, ending the hostilities surrounding prisoner-on-prisoner crime and fighting guard brutality. For his determination to liberate his people he was framed for a crime in an attempt to neutralize him by sealing him in a cage for decades.

Herman refused to surrender and he was an example to other oppressed prisoners to resist even in the dungeon. This example was too much for the state and he was denied compassionate release by the oppressors. His liver cancer is also suspect, we know the state has many dirty tricks in its arsenal. But Herman, like others who rise up in prison, understood that he might in the end pay with his life for this resistance.

It has been reported in the press that Herman’s last words were to the effect of “I am free” before he died. But Herman was already free, he was free while still in prison because he had liberated his mind decades ago, and this was his real crime that the state was making him pay for. Had Herman been a drug addict prisoner who preyed on other prisoners for a cellphone from the pigs or for a sack of dope he would never have spent over four decades in solitary confinement. Freedom comes from one’s actions and this is something that the petty bourgeoisie does not grasp and so they will never be free.

Those of us here in the SHU understand that at any time we can be free from torture by simply making up information on someone or debriefing. But like Herman many cannot fathom doing this to another human being and instead choose to build our nation and RESIST! And for this we are also met with torture. But like Herman we are also free, more free than many people on the outside whose minds are in many ways more chained than SHU prisoners. May the example of resistance displayed by Herman live on in U.S. prisoners!

Aztlán Libre!

2 October 2013 - Right now myself and 21 other comrades are on hunger strike. We started on Sunday 29 September 2013. Our purpose for the hunger strike is to bring an end to all the unconstitutional conditions that exist in segregation. These conditions include inadequate cleaning supplies, regular use of excessive force whenever they put prisoners in and out of cells, tampering with prisoners’ food, denying prisoners access to recreational time on the yard, and failure to respond to grievances. We are also striving to receive new law library books because correctional officers destroyed the ones we had. We’re also striving to get educational and other help programs for prisoners with long-term segregation time.

Most prisoners who are confined in Pontiac Correctional Center are here for staff assaults, and/or are labeled as “STG” (Security Threat Group) status. It is well known that Pontiac C.C. is a ‘retaliatory facility’ for prisoners with the above labeled offenses. That’s why most prisoners who come here with a year of segregation time end up with five, six, seven years segregation time! This is all part of the oppressor’s plan to keep places like this operating. That’s why me and the other comrades on strike are writing local newspapers and organizations based around the country to receive some outside support.

Me and my comrades have embraced and accepted the United Front for Peace in Prisons Statement of Principles and plan to propagate them amongst the prisoners here in segregation. We see the necessity of all five principles being put into use, as a means to unite and gain unity amongst prisoners here, and hopefully to help free some from the psychological chains of mental slavery.

MIM(Prisons) adds: Just last summer we received a report on a hunger strike at Pontiac Correctional Center for similar demands, and in February a similar strike was reported by others. Our information is limited due to censorship problems in Illinois, but we are working to get better follow up this time around.

The problems at Pontiac were exacerbated last winter after the closure of Tamms Supermax, which, for years, was the primary destination for jailhouse lawyers and prisoner activists. One comrade reports from “North administrative unit where it’s a constant battle with our rights and living conditions. Since the closing of supermax Tamms, a lot of guys are now being housed in this unit wrongfully.” As long as the oppressor nation feels threatened by the oppressed they will not give up their tools of torture and social control willingly.

The fact that Wallace had only days to live was well-known and likely played into his release. On the same day of the decision, his close comrades, Robert King (released in 2001) and Albert Woodfox (still in solitary confinement) were able to visit him due to his dire condition.(1) Together they made up the Angola 3, three of the longest to spend time in solitary confinement. Woodfox is in his 41st year in a control unit and is still locked up.

On 7 October 2013, the U.N. special rapporteur Juan E. Mendez called for the release of Albert Woodfox from solitary confinement, saying his isolation amounts to torture. Once again, the U.N. went on record stating that “the use of solitary confinement in the U.S. penitentiary system goes far beyond what is acceptable under international human rights law.”(2)

The movement to free the Angola 3 has been championed by a dedicated group and echoed by supporters of political prisoners for decades. And the three, who formed a strong prison chapter of the Black Panther Party before being put in isolation, have continued to stay politically sharp and struggle for the rights of oppressed people. Robert King has been dedicated to not just supporting his two close friends, but opposing the Amerikan criminal injustice system.

While we recognize their indominable spirits, and the pleasure Wallace must have felt in his last few days, the tragedy of wasted lives in U.$. torture chambers remains unacceptable. These men, who became dedicated revolutionaries because of the adversities they faced, were prevented from fully acting on those aims by a system that intentionally framed and isolated them for political reasons. The state wants to brand activists like the Angola 3 as “cop killers” when in reality they were dedicated to a life of serving the people. They were individuals who could have transformed the destiny of New Afrika, and supported the liberation of all oppressed people from imperialism. Instead, Wallace was tortured by Amerika for four decades, until he was within days of death.

The case of Herman Wallace epitomizes the politics behind the United $tates’s sanitized version of torture, in what is the largest mass incarceration experiment in the history of humynkind. And while it may be easier for some to support a Black Panther framed for killing a cop than to support a Crip accused of being a “shot caller,” we must recognize the continuity between them. Otherwise we only spend our time on the individual cases, without addressing the system. We respect the work of the Angola 3 Coalition and groups like it. On the other hand, we should not be satisfied with victories like the release of Herman Wallace 2.5 days before he dies. We celebrate the organizing that has reached international attention in California in recent years, where prisoners of all backgrounds in long-term isolation have stood together to attack its very existence. While even that is just one piece of the system that must be addressed, we can best pose a real challenge to this systematic use of torture that is used by the Amerikan oppressor to control those who might challenge their hegemony over the world by organizing all those affected by it.

As a member of the Georgia hunger strikers of 2012 and the focus of Georgia’s prison beating, I strive to awaken these brothers here in Georgia. I have been spreading ULK to all here and to a lot of associates at other prisons. As of 16 September 2013 the video of me being beaten with a claw hammer by these pigs has gone viral. A comrade and myself have filed charges on those pigs, and due to all the exposure, the Georgia Bureau of Investigation is doing their best to do damage control, but the damage is too great. Two state Senators are calling for the whole ordeal to be investigated, including the Internal Affairs and Georgia Bureau of Investigation. I’m still at the so-called Special Management Unit.

To the brothers in California I salute you all! To all the fallen comrades: your sacrifice will not be in vain!

MIM(Prisons) adds: This is a good example of the power of media to expose injustice. Unfortunately, mainstream media has little interest in exposing imperialism or the criminal injustice system, as that would not sit well with their advertisers or their Amerikan readership. This is why we need an alternative press. ULK fills this role for prisons in particular. And we can best cover news when prisoners write about what’s going on in their state. The 2012 Georgia hunger strike was not written about extensively in ULK because we had to rely on non-prisoner sources. Our ability to contribute to struggles like this one is greatly enhanced with comrades like this writing in with news about the struggle. Exposure does sometimes embarrass the pigs into making changes, and even when it doesn’t, we must continue to educate people about the abuse and injustice going on across the criminal injustice system.