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[Campaigns] [Legal] [California]
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Beyond the 602: California Administrative Mandate Petitions

I would like to encourage any prisoner who is abused in any way that is clearly counter to the regulations and department operational manual (DOM) to consider that upon exhausting the administrative process or even when it's obstructed there is another lawful way to force the CDCR prisoncrats to act on your complaint.

It's not as simple as the administrative 602 process and if you lack serious determination to force the issue don't waste your time. But it's called "administrative mandate" petitions you can file in the court. Now you can obtain basic instructions by writing the Prison Law Office and asking for "information on filing an administrative mandate" and/or buy the California state prisoners handbook which will explain to you how to force prisoncrats to follow their own rules and regulations.(1)

There is always the law library, which is the most powerful resource in the system for a prisoner who does not allow themselves to be mentally worn down. The adversarial system is just that, and prisoncrats and the CCPOA don't care about you but as a means to a pay check. This is not to belittle but encourage you to pursue lawful action if you have exhausted administrative remedies. You can sue easily in small claims where you do not have to have much legal knowledge (think of Judge Judy/Joe Brown/Matis, etc.). That's the simplest way to sue. But make sure you line your ducks up!

More complex methods of suing are available also if you are willing to do the work required seriously, as in "limited jurisdiction" and "unlimited jurisdiction" in the state courts; in addition to your ability to file in the federal jurisdiction. This is not easy, it is time consuming and it can be costly to you.

I would also consider writing complaints to the U.S. Department of Justice Civil Rights Division special litigation section if you are serious. The opposition makes use of all of its resources, I suggest you too use all of the resources you have. I am not anybody's attorney and this is not legal advice, I am simply stating the obvious so people do not lose heart. In most cases the picklesuits and prisoncrats allow the abuse of those they don't expect to offer a real challenge.


Notes: Code Civil Procedures §1094.5 Administrative mandate is used to inquire into validity of administrative orders or decisions (see also Eureka Teachers Assn v. Board of Education (1988) 199 Cal. App. 3d 358. 366. Woods v. Superior Court (1981) 28 CAL 3d 668.675 etc.)

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[Gang Validation] [Organizing] [Security] [California] [ULK Issue 27]
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Prisons Create New Tools to Validate, Prisoners Seek New Methods of Protest

Recently I received notice of change to regulations number 12-03, publication date 25 May 2012, effective date 10 May 2012, that is said to affect sections 3000, 3375 and 3375.6. It states the California Department of Corrections and Rehabilitation (CDCR) seeks to establish requirements for an automated needs assessment tool to be used to place prisoners in programs that would aid their re-entry to society and reduce their chances of reoffending by identifying the criminogenic needs of offenders.

The presentation appears to be harmless, but it is not harmless for those ignorant enough to boast about their gang involvement, family criminality, and other sensitive factors that will become readily available and quickly cross-referenced and correlated with information contained in intelligence files. In addition, the information gained from the compass core assessment official record can be used as an "administrative determinate" under 15 CCR 3375.2(b)(11) in addition to 3375.3 (9)(4)(A) & (B) which is the foundation not only for validation but for intelligence analysts.

Issuing a list of demands to prisoncrats telling them what their validation process should be is ludicrous, as is the idea of telling your body when it should have the urge to excrete. Cats are quick to want to make demands without any leverage, though prisoners no matter where they are confined, have economic leverage that they are not willing to exercise because cookies are of more immediate import.

Since the 1880s the concept of boycotting, or organizing to engage in a concerted refusal to have dealings with prison/jail stores or commissaries, has been a very powerful tool. In California it deprives the CDCR of a source of revenue. It also affects the bottom line of prison profiteers, whose profits are guaranteed by what amounts to cash transactions for hundreds of millions in profits and revenues, courtesy of prisoners who lack the will to sacrifice luxuries for a while in order to exercise necessary economic leverage, to compel some administrative change.

Prisoners in California should remember that canteen goods originally were purchased at wholesale prices and then marked up 10% and the proceeds over the costs and expenses went into the prisoner welfare fund to finance many programs and activities that benefited prisoners. This changed with the rise of Pete Wilson, the governor who used prisoner welfare funds to help finance a re-election bid which opened the flood gates for all sorts of misuse of the foundational purpose of the prisoner welfare fund.

The validation process is a means of control and manipulation that I have noted that some general population prisoners and sensitive needs yard (SNY/PC) prisoners embrace as a sort of badge of honor, only to belatedly find out the effects. In ULK 26 an Oregon prisoner points to the most significant problems with the divisive nature in the development of LOs who are in competition with each other.

It's common for me to hear cats hollering that they are Blood this, Blood that. Crip this or Crip that, Norteño, Southsider, Bulldog, skin head, nazi, etc., trying to tout some bogus gangsta facade that ordinarily would land them on Corcoran SHU 4B and validated. These boastful cats are easily co-opted and manipulated. Their delusions of grandeur provide Institutional Gang Investigations (IGI) with a wealth of intelligence via their eyes and ears on the tier.

A perfect example is the Corcoran prisoner's statement about cats in ASU I (Administrative Segregation) laying down in fear of IGI retaliation for exercising their right to file an appeal! Typically conversations over the tier are recorded when IGI doesn't have a reliable agent to make note of what he sees and/or hears. As to the idea of not taking a cellie as a form of protest, the typical response is privileges taken for 90-180 days and 60-90 days of early release credits are taken. Cats who are addicted to sports programs or television or canteen will cave in every time because they lack the will to sacrifice luxuries for the cause.

Prisoncrats treat gang membership or association as a tool of extortion used in their agenda of touting the violent nature of street or prison gangs.

The CDCR is rife with crooked officials and staff and the secretary, governor and legislature are unable and unwilling to purge itself of those who regularly falsify reports. Supervisory staff/officials fail to address the problems so as to encourage the misconduct and repression. At the same time they are quick to feed a naive public a laundry list of bogus incidents to justify the administration's unwillingness to reform itself.

I try to examine all aspects of the criminal injustice system to see what tactics we can utilize in our struggle effectively, even if I have to employ them alone. I sacrifice luxuries already so I know it's possible and a little something for all to consider.


MIM(Prisons) responds: This comrade raises a good topic of discussion: it's important we evaluate the tactics that will be effective in fighting prison repression. There are a limited number of protest options available to prisoners, and some will be more effective than others. Whichever tactics are best may vary by prison or state, but the fundamental task of building unity for the struggle remains the same across the entire criminal injustice system. Comrades in California continue to strategize on the best ways to build on the recent prisoner rights activism there. Join United Struggle from Within and work with other anti-imperialist prisoners so that we aren't stuck employing tactics on our own, but rather in a united front across facilities, organizations and nationalities.

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[Organizing]
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GP and SNY Prisoners Guilty of Playing Prison Politics

Greetings to you no matter your affinity, association, involvement or activities in LOs or case status. There is a higher cause that demands our attention and support than being side tracked by petty conflicts or lack of prioritization.

As a result of some censorship by prisoncrats here at the infamous Corcoran SHU, only yesterday did I receive ULK23 after a two month delay. In the pages of ULK I see that the sensibilities of some SNYs have been ruffled.

This is not about attacking anyone's sensitivities, nor is it about why any person chooses or allows themselves to be subjected to the indignity and dishonor of being classified as SNY while still trying to allude to being solid, which is illogical and demonstrates confusion.

Let's be clear about the fact that whatever excuse one chooses to justify their conditions does not mean that I should sympathize or empathize with that individual's decision or choice.

I take issue with the premise that General Population (GP) prisoners created SNYs since prisoncrats did that and CCPOA created prison politics and has nourished the growth. The fact that so many so-called GPs are quick to say in the presence of picklesuits or other informants that they are active for some false sense of machismo plays into the ploys of prisoncrats.

When I last sought to address this issue an SNY prisoner took offense even though nothing was directed at only SNYs, as I pointed out the fact that there are and have been a plethora of agent provocateurs and quislings in GP who are traitors to their own LOs working in lock step with the picklesuits.

As a prisoner of the state, it is not my job to inflict punishment on any other prisoner for the crime prosecuted by the state, that's what a sentence is for and I am by no means a surrogate prisoncrat. In this day and age I do not draw a distinction between open SNY prisoners and undercover ones who suck up to prisoncrats and are motivated for the same reasons. Some supposedly solid comrades went to SNY supposedly to receive a release date, which to some may sound like a strong argument but to me is muddy water.

I do not have a duty or responsibility to provide IGI intelligence or a means of controlling the way I may think in exchange for a parole date; that is not freedom. Why concern ourselves with whether a cat hails from the north, south, east or west! I say white, black, brown, yellow or green! Why should I concern myself with what LO he/she claims to belong?

In most cases the need to publicly profess or denounce the appellation is a mental/emotional need, or a result of official intimidation to make decisions that individuals must live with. It does not mean that anyone has given up their usefulness and ability to support a prisoner's cause!

Trust is not a given, nor do I give anyone the benefit of doubt just because they claim to be this or that. Trust is a hard won concept and only fools expose their personal inclinations and assume such will not be used against them by some character who is motivated by self-serving greed or malevolence. Even cowards, traitors, rats and deviants can try to make amends, but that does not mean such will regain trust and respect lost as of a result of ones choices.

The CDCR has found that the practice of intimidation, deprivation and manipulation works well on prisoners who allow themselves to become susceptible to such tactics and motivations to betray their comrades' confidences. In my opinion this is inexcusable, but such is a mental/emotional weakness that's identifiably been around since the beginning of civilization.

In these prisons many fail to acknowledge that 75% of the officially validated disruptive group members are based upon self-admission and/or public display of such affiliations, which include but are not limited to cats telling prisoncrats that they are this or that and so and so is my homeboy!

It is not for me to tell other prisoners what to do, and I do not have any qualms with sticking to morals and principals I grew up with, which means I will not take others down with me and I do not volunteer/provide the prisoncrats with intelligence on myself, family, friends, or people I may know. Why should I? What special consideration or privileges are that important? The problem is too many prisoners focusing on privileges rather than rights.

I am pursuing my own kind of sacrifice in that my prison term has been over since April 15, 2011. Parole is "an established variation on imprisonment of convicted criminal: the essence of parole is release from prison before the completion of a sentence on condition that a prisoner abide by certain rules during the balance of a sentence..." Yet prisoncrats have corrupted and confused the concept of parole to mean something more which while the Federal Bureau of Prisons jurisdiction adds a period of supervised release, such is not parole by definition.

Many prisoners tend to assume that my refusal to sign a parole contract is because I presumably have nowhere to go or have burned all my bridges. I have served all the time doubled and enhanced thus I should be allowed to leave the state and country if I so choose.

I am not at war with other prisoners and I am not into who-riding/who-banging or talking smack about others in what I see as intentional perpetuation of conflict and ethnic biases that keep us from maintaining a United Front in the face of the true demons who constantly attack and abuse prisoners with no real accountability, continuing the erosion and loss of civil and human rights.

I cannot and will not compromise my intellect and principals in exchange for a bigger prison where threat of re-imprisonment is used to try to end my activism for prisoner rights, justice and accountability of prisoncrats/picklesuits. This is my sacrifice in this multifaceted struggle, so GP/SNY whatever your circumstances may be there are many ways to contribute to the struggle and affronts to human dignity.


MIM(Prisons) responds: Overall this prisoner's letter makes a good case for the point that prisoners in both GP and SNY need to be judged by their actions, not their prison-imposed label. And that we need to fight snitching and self-labeling everywhere. But we disagree with the conclusion that prisoners who accept SNY classification can't be solid revolutionaries. There are those who move to SNY without ratting anyone out, to preserve their own life. They accept the SNY label as the lesser evil to the alternative of danger or even death in GP. We never know all the facts of these decisions and so we can only look to people's actions, wherever they are, to judge whether they are true revolutionaries on the side of the world's oppressed.

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[Police Brutality] [California] [ULK Issue 22]
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Another Black Man Murdered by California Police

As a followup to R7's July 2011 article Assassination Nation, I note the international practices of Amerika in extra judicial killing. But the reality of the matter is that we do not have to even look internationally in that I recall the assassination of Oscar Grant by the Bay Area Rapid Transit (BART) pig Johannes Mehserle who only received a two year sentence that did not even include actually seeing the inside of a California Department of Corrections prison. Too many times right here in the so-called land of the free, people from oppressed nations are assassinated by the agents of law enforcement as was the case of the July 10 2011 assassination of former professional football player David "Deacon" Turner who resided in Kern County, California.

On July 10 2011 Turner, a 56-year-old Black man, went to a mini-mart gas station to purchase himself a couple cans of beer, which is not a crime. However, upon exiting the mini-mart he found himself accosted by Kern County's finest sheriff's deputies who claimed as their justification for the harassment that they allegedly received a report that an adult was purchasing alcohol for minors.

Turner was subjected to search, to which he voluntarily submitted, and after which he asked if he was under arrest. The deputy stated he was not, so Turner exercised his supposed right to leave and picked up his bag and turned to leave. However the pig was upset that Turner chose to exercise his right to leave and not partake in any non-custodial interrogation so the sheriff deputy struck Turner from behind with his baton and the second sheriff's deputy drew his pistol and shot Turner in his abdomen. Turner died at the scene.

The mini-mart has surveillance equipment with multiple camera feeds which were seized by the Kern County sheriff's department. Then Kern County sheriff Donnie Youngblood released to the local news media a segment of video feed that shows Turner exiting the mini mart and initially being accosted and searched by the Kern County sheriff deputy. It includes the search and subsequent brief verbal exchange, which lines up with the witness statement that Turner asked if he was under arrest and the deputy told him he was not. The video also shows that Turner exercised his right to be on his way and the sheriff deputy running up and striking Turner multiple times with his baton. However, all of a sudden five seconds of the video is missing during which David Turner is assassinated. The sheriffs department claimed that the camera feed malfunctioned!

Sheriff Donnie Youngblood claimed that David Turner attempted to hit the sheriff's deputy in the head with the bag that contained two cans of beer, yet the video feed does not show Turner do anything that could be construed as aggressive and the non-law-enforcement witnesses stated to reporters that they did not see Turner do anything aggressive towards the deputy. Yet the sheriff's department ruled the assassination to be within departmental guidelines.

What further raises concern about the assassination is the fact that when the sheriff's department was compelled to release video feed from another camera, it also was missing a five second feed that matched the initial video feed released, yet each camera had independent motion sensors. I just wanted to point out that assassinations by the U.$. government and their lackeys are not just happening in other countries, they are also happening in California and beyond with impunity.

Just as the U.$. government issues its spin, Donnie Youngblood is also issuing the tried, tested and patently untrue spin. It includes the official alteration of video evidence so as to minimize and cover up another assassination matching that of Oscar Grant, many others across the state of California, and beyond.

Since official assassination is tolerated by the local, county, state and national citizenry such will continue to take place. As with every practice perfected on citizens here, it is exported to the rest of the world. As R7 points out, the inner city campaign of control through terror occurred in the so-called city of brotherly love.

It is said that Amerika is the land of the free but I see it as the land of the lost souls that tolerate state-sponsored terrorism and deception.


MIM(Prisons) adds: A closer study of the history of Amerikans in relation to oppressed nations in North America and around the world reveals that they actively support and participate in the Assassination Nation that they are (see J. Sakai's Settlers for an excellent history proving this very point).

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[Organizing] [Campaigns] [California State Prison, Corcoran] [California]
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Hunger Strike a Shot Across Bow of CDCR Battleship

The recent mass hunger strike got the prisoncrats' attention even though the prisoncrats seek to downplay or minimize the success of the strike by spoon feeding the media. In particular, their Sacramento Bee spin doctor stooge accepts the official representations which contain very few facts mixed with the typical misleading, provocative and confusing innuendo so as to perpetuate their coined myths.

The public is gullible and must be constantly educated to see through muddy water. Such has been the case for years because of the assumption that government officials and law enforcement allegedly have their safety, security and best interests at the forefront when it's really all about the money or budget. The CDCR purveys to the public that the most dangerous and supposedly most hardened prison gang leaders called for the hunger strike even though they also claim that the modus operandi of gangs are violence and intimidation which is totally contrary to the utilization of a passive non-violent form of protest which requires self restraint and determination.

The secretary, Matthew Cate, stated in a CDCR prepared statement that "hunger strikes are dangerous and ineffective as a means for prisoners to attempt to negotiate." Yet, the administrative appeal process is also dangerous and ineffective as each level rubber stamps the arbitrary decision of the prior level. Even when the decision was obviously in error and a threat to prisoner health and safety, they refuse to accept responsibility and accountability.

What the secretary has not said is that the hunger strike by masses of prisoners have in fact overwhelmed the prison medical department with additional medical expense to an already overburdened prison healthcare system. The strikers pose a more significant problem for the prisoncrats' budget than the shooting and gassing of violent prisoners in prison uprisings or even non-violent prisoners who are also shot, gassed/sprayed and beat with zeal as prisoncrats claim they were a threat to institutional security [see grievance campaign].

Prisoncrats, as any conscious prisoner should know, could not care less about the health of prisoners. They do care about the expense of providing constitutional mandated medical care. Therefore we should question the prisoncrats' claim to have had plans since January to review and change some policies, which were only revealed to us after weeks of food strikes.

Prisoncrats tend to take full advantage of the divide and conquer concept and are at their best when they are able to pit the lumpen divisions against each other for amusement or distraction which is why one should be suspicious of any claim by the prisoncrats to want to eliminate what they have for years encouraged and perpetuated in the penal system to justify the excessive prison budget.

The mass hunger strike may have only lasted 20 days, but it was like a shot across the bow of the CDCR's battleship by an enemy they can not justifiably target with all their massive violent resources and infrastructure. Yes the mass hunger strike got the prisoncrats' attention and their immediate response was to again expand the censorship of information prisoners receive so as to keep us unaware of what's going on. However, it also got their budgetary attention via their healthcare pocketbook.

The hunger strike also got the attention of the CCPOA which realizes that such strikes benefit the SEIU who are gaining more clout in the prison system and custody staff have effectively been rendered impotent as they do not have a real or effective contingency for dealing with non-violent forms of protest that they can not counteract or employ violence to suppress and to that extent the mass hunger strike was a success.


MIM(Prisons) responds:
Many are writing in disappointed with the outcome of the California hunger strike so far. But as this comrade points out, the strategy of the hunger strikers was effective in a number of ways. And as the CDCR is given a "brief grace period," as one of the strike initiators called it, we are regrouping. There are many who just found out about the strike as it was happening. If the CDCR continues to drag its feet on making any real changes, as we all expect they will, we should see an even stronger and more widespread response from prisoners across California and beyond. Of course, CDCR is regrouping as well, and we must guard against efforts to trick prisoners into thinking they do not share the same conditions and the same enemies.

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[Organizing] [Security] [California]
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Special Needs Yard debate continues

Response to SNY critic article published in the July/August 2010 ULK, #15, p.5

As is typical, I have ruffled some feathers on the SNY yard when I pointed out my personal sentiments regarding the SNY/general population issue. I criticized both SNY/GP as a matter of fact and the SNY cat asked what have I personally done. He would have to look up this history of John Q. Convict, an aka I have written under in various publications and prison news letters. I have blisters on my fingers from doing others' legal work and appeals as well as writing about what I experience and see. I am again on my way back to the SHU till I am paroled since I am not nor have I ever been one to be a passive submissive sheep nor am I in competition with anyone, I just keep it real.

It's ironic but I have had five CDCR numbers and I have experienced a lot. Maybe I am crazy to rather go to the SHU than exist on an SNY yard but I started doing time in the 70s and prisoners were a lot different then. The misconception I see in the term "active" as that is a prisoncrat designation of gang members (prison/street). Read the regulations of the CDCR and you know. I have never been one to tell on myself yet I see prisoners do it all the time enhancing CDCR/California Department of Justice investigatorial files that exist, yet we will never access, as one can other confidential files via court order.

Do not get me mixed up, I am not "active," I am "General Population" and I have seen how the California prisoner culture has succumbed to the tyranny of the prisoncrats with a whisper. Yes some get frightened and are keen to become SNY and bow to a perceived necessity in what I believe to be a misguided belief that such necessity forces conformity and that conformity allows for stability in which some can enjoy the "privileges" of visiting, canteen, telephones, packages. They are not rights that are guaranteed by the constitution. I elect to not conform in this prison environment.

I am a dissident who stands out and I am easily branded and locked back down but they always got to let me back out. I do not get visits or have money sent to me by choice, it's so I do not subject my family to the harassment that visiting presents, and the CDCR does not collect 55% of every dollar my family sends to me. I tried to point out that we prisoners are all victims of picklesuit tyranny, and yes I feel like those who volunteer to go to SNY have abandoned the struggle to a certain extent. I see the victims of the picklesuits assume the face of the tyrants, be they GP/SNY self-righteous and intransigent, while assisting the picklesuits instigate conflicts.

There is not a lockdown situation in the state of California that I have not experienced, and I do not confuse unity with conformity. I have always believed that prisoners should unite around principals. I have recently been labeled a "terrorist" I am an activist and it is frustrating as hell to try and pull the coats of those in these prisons who have submitted knowingly and unknowingly.

I see that there is the need for the mending of broken spirits on both sides of the California prison divide which is no easy task since it will require the prison population to reshape itself and refuse the gratuitous gifts and reject the privileges used to co-op prisoners as well as the elimination of it being all about self. Prisons use prisoners working in the kitchen or selling out for a fix/hit of dope, utilizing that instinctual will to survive. I do not believe in leaders as they become the focus of compulsive collaboration with the opposition once they are identified, and they are not infallible and such leads to eventual disaster. Yet I have known that principled individuals avoid the natural vices such as greed, betrayal, and the misguided notion that one has to compete without exception as if it's a healthy attribute. Such is and always has been, in my mind, a sad path to self-esteem, an illusion built upon putting ones foot on the neck of another which is what the pickesuits do, and it's not lasting since when they fail to physically and emotionally break my will they become fearful and envious because I have endured what they themselves know they could not. Yes I have on several occasions learned to make due with nothing, making myself mentally and emotionally strong and I survive.

Kudos to any successful SNY litigator. I read Prison Legal News (PLN) each month for the past six years, noting all the successes published there, rarely seeing an instance in which a California prisoner received millions. Even though the state has deep pockets, that 12.2 million eludes my perusal. You should send the decision to PLN so they can publish it as your work.

I also want to point out a simple truth even though our comrades at MIM(Prisons) disagree. In my years of doing time, always General Population, I have learned to read people and I am rarely in error. I can and do note agent provocateurs and quislings as well as those who think they are well hidden and can not be spotted. It's the nature of such individuals to expose themselves. I have never gone to the hole for harming another prisoner over the years I have served. It has always been an issue with the real enemy who has hoodwinked and bamboozled, coerced, pressured or otherwise manipulated the greedy and the weak; of which I am neither.

My view is that SNY prisoners who volunteered to go that route are their own worst enemy and the stigma attached is something that they will have to deal with, as those who dropped out, originally dropped in, when it was fashionable for you, and you were on the hooligan end claiming to be a gang member, telling the pig that you are a gang member, proud to be a gang member till the pack turns on you and then you don't want to be a member any more or you find yourself in a position in which you are facing time and you choose to purchase leniency by telling on your sworn homeboys. But wait, not all SNYs have been snitches, but many have "debriefed" so I must say that the percentages speak for themselves in terms of those who allowed themselves to be used and manipulated to self-detriment. There are still some in GP hiding in the wings.

I was brought up believing that it takes a lot of balls to stand up to adversity and not compromise one's principals. I am constantly educating myself in a variety of subjects. Yet I do not tell others who, what or how they should believe, we all make choices and some ultimately lead to some becoming SNY. I want to be quite clear that I am not any better or worse than any other human being on this earth. We all have faults yet the struggle has never died, it has been altered and manipulated towards personal gain. I am presenting my personal perspective from my years of experience. Though it is true I've never lived on an SNY/PC yard, they do put SNYs on the tier with GP in the ASU/SHU, to my dismay. I am an equal opportunity criticizer since while some focused on SNY, I spoke of both sides of the fence.

I noted years ago that the most illuminating and dangerous place in the prison was the law library as knowledge was power. Yet the time of spending 8 hours a day in the law library has been effectively reduced to one hour and thirty minutes a week if you are lucky and are PLU. I am not here to brag on myself but there are people on the streets thanks to me and new life was breathed into others whose cases were on the ropes.

So since I was asked what I have done, well helping others and standing up to abusive prison staff and officials has resulted in my doing 100% of my term due to my concern for the similarly situated prisoner. Ethnicity never mattered, all came to me. Yet when I think about it I wonder if my sacrifices have been all for naught, as those who instilled the fortitude, stubborn tenacity, and courage to fight back in the 60s and 70s are flip-flopping in their graves about the conditions and backwards steps in California prisons. The ladies put up better fights and they as a result still get stuff that we don't. Some of the prison population put privileges before rights so you enjoy your privileges while they keep chipping away your rights.

MIM(Prisons) responds: This letter is part of an ongoing discussion, started in ULK13, of the controversial issue of the potential for prisoners in Special Needs Yards (SNY) to participate in the anti-imperialist struggle. It is MIM(Prisons)' position that prisoners in all situations can be induced to sell out and serve the needs of the system. And while we recognize the harm done by prisoners debriefing, going to SNY can sometimes involve less cooperation with the pigs than staying in an LO. We can't condemn people for mistakes they made as youth trying to find a place. We need to unite with all who demonstrate, in practice, that they are on the side of the anti-imperialist struggle.

This comrade says he can read people, and is rarely in error. And to an extent we agree. We "read" people by applying work and line standards to our potential comrades. By judging how one completes their work and upholds their line we can judge them as a comrade. The error comes in when you think you know when someone is a cop or snitch or not. You trust people you shouldn't and attack your friends. Even if these errors are rare, they tend to be the most serious. This is why general policies are superior ways to "read" people than looking at individual cases.

This comrade comments that s/he does not "believe in leaders." We agree that security and hero worship are weaknesses of having leaders, and we should work to minimize both of them. However, we also must be materialists and recognize that leaders, including the writer, exist and that leadership is important. A leaderless movement ends up without clear direction and can waste the resources and energy of the masses. Leaderless movements (also known as anarchist) generally end up with de facto leaders - people who are not formally put in positions of leadership but who just take up the lead because of experience or line or a desire for power. These de facto leaders are far more dangerous than elected leaders because there is no mechanism to remove them from power. And this also limits the people's input into the direction of a movement. For these reasons we affirm the communist principle of clear and formal leadership of the revolutionary movement and its organizations, while we work towards a society where no groups of people have power over others.

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[Organizing] [California] [ULK Issue 14]
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Regarding security in prisons

I want to comment on something I read in the March/April 2010 ULK 13. I note that the SNYs [Special Needs Yards prisoners] are complaining about how the picklesuits are doing an excellent job of keeping prisoners in California at each others' throats. I doubt that there is a prisoner in the California Department of Corrections and Rehabilitation (CDCR) that hates/resists petty over-authoritated power as much as I do. But so many prisoners at the drop of a hat go SNY/PC(Protective Custody) that it created a mad rush for police defense for not just those who may need it for the few real reasons that may exist.

I'm in general population (GP) and I would stay in the hole before I would allow the pig to twist me up into that SNY/PC nonsense. I heard people in Administrative Segregation (Ad-seg) and the Security Housing Units (SHU) when I was there be proud to say in front of the pig that they are active this or that which is in effect volunteering intelligence to the pig. Then you got those seeking to gather intelligence to provide the pig and that is both in and out of SNY. While SNY may outnumber general population 3 to 1 it is clear to me that one's condition in prison will not in reality become much (if any) better. Seeking the easy way out creates a moral quandary in that the reality of prison in California has not changed and the exodus to SNY has provided the pigs with more leverage to abuse and play nationalities against each other to the detriment of the whole.

I do not sympathize with SNY conditions nor do I sympathize with the conditions of GP. The fact that so many have to run to SNY has made the Green Wall stronger, since you in SNY have run away from your responsibilities. There are some very sorry so-called men in these prisons nowadays and I personally can do my time on the line or in the SHU as I will never allow the pig to turn me into a passive submissive subjugated sheep.

Sun Tzu's Art of War emphasized knowing one's enemy and I believe that a SNY's own worst enemy is one's self. There's still a lot of so-called hard core gang members on the line that say "I don't want to go here or there cause I got enemies." What ever happened to dealing with an issue on sight or leaving the matter alone? Particularly when there is no real substance to the basis in which one claims enemies. I do not have any prisoner enemies; this is silly and to claim such to a pig is sheer stupidity as it is to tell the pig you are a gang member. However, this seems to have become the custom. Wherever you are, grow up and be a man and take responsibility for your actions and quit depending on others to fight your battles. Simply educate yourself on how to use real strategies and tactics in order to learn how to be brave, fortuitous enough to gravitate to those who have a selfless desire to make a difference for all of our brothers. Bias and prejudice exuded by those around you only works against you in the long run. Until one learns to unite for the true cause and quit telling on self or others, the nonsense will continue. It's easy to spot agent provocateurs and quislings, and observation will expose the creeps for who they are. Prisoners are an open book and if you use your brain you can find out accurate facts and there is an old navy saying that "loose lips sink ships." It's a fact, people who think, do not follow, they cooperate for mutual benefit.

MIM(Prisons) responds: The snitching discussion has brought a lot of interest from readers and is integral to a discussion of organizing strategy. Another important question for those under state supervision is creating space for organizing. The purpose of control units is to elminate the space within the prison system where study and agitation can occur.

We warn against an ultra-left stance that leads one to accept years in a torture cell with no access to other people and limited access to mail and literature just so you can toughly say, "I never submitted." Comrades in control units have a hard time doing work, which is the whole reason the SHU was invented. Comrades also suffer mentally and physically in ways that can affect their ability to be productive even after release. So telling people to take SHU should not be done lightly and SHU should not be taken as one's "duty" to the cause when you are really just setting the struggle back.

Certainly, this writer makes correct points about working with the state and how that plays into the overall oppression of oppressed nations. And certainly, there are cases where submitting to torture in a control unit is the best thing for the struggle. But as we pointed out in ULK 13, many are finding themselves in a situation where those who promised to serve their people are doing the state's dirty work themselves. As this comrade recognizes, conditions in GP in California aren't more commendable than what's going on in SNY. It was the lumpen organizations following CDCR leadership that made SNY possible by what they did in GP. They pushed people so far that they were willing to snitch on something they were once willing to die for. This is the reality of the situation now that we must deal with. And in that reality, we find comrades on both sides of the SNY/GP wall. If we do it right this time and eliminate all this fighting between the oppressed then we will start to deal with the problem of snitching in a material way. This comrade gets it right when he says it is silly for prisoners to claim they are enemies for no reason.

Finally, we disagree with the claim that agent provocateurs and quislings are easy to spot. It may seem that way when you are surrounded by lazy, self-interested people, but that is not always true, and the most dangerous agents are hardest to spot.

For more on the morality of snitching, see our accompanying article discussing "The situational ethics of snitching."

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[Organizing] [California] [ULK Issue 9]
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Prisons Using Agents to Expose Active Prisoners

Being confined in this new millennium has caused me to wonder about the intelligence of prisoners who receive benefits from the theft, conversion and criminal actions of those charged with enforcing laws, rules and regulations. Here you have prisoners who accept from correctional officers magazines, books, and other items of value that belong to other prisoners and smile and grin saying they came up. Basically at the expense of another prisoner. It's the same old practice used by law enforcement time after time on unsuspecting prisoners they see as potential sources of intelligence and are used until they have no further use and are tossed back to the lions with the customary amusement.

I can not, for the life of me, understand why a prisoner will go out of his way to provide correctional staff and officials intelligence that establishes that a prisoner has membership or association with a prison gang, street gang, or other disruptive group which automatically requires special attention and placement considerations which could include being indefinitely confined in a security housing unit until that individual rats out his comrades, dies or paroles, yet there seems to be new acceptance.

It's amusing to me when I see some of these characters bragging and boasting being validated by the prisoncrats as a gang member while making it a point to ask others, typically around the picklesuits, "are you active". It's as if the new concept of the penal system is to not only tell on yourself but trick others to tell on themselves! It's as if prison agent provacateurism has gained tacit acceptance, and some new status symbolism.

When asked if I am active, I have to ask "active in what?" Since as with so many other English language concepts the word has been coopted into supposedly meaning one thing for the dumb down prisoner but in reality meaning something significantly more onerous to the prisoncrats. And it's no secret but many in the prison population have yet to understand or realize the significance and these concepts and ideas are becoming interwoven into the fabric of prison social structure, forcing many real men to adopt anti-social positions in order to stay out of the cross.

Being a general population prisoner of consciousness, I do not miss much. However I have noted that there are so many idiots who are sycophants to an old concept that has morphed and changed into something that is truly malevolent. One has to go back to the number one concept of "trust no one" with anything of any import. Those who are real you will be able to tell, and those who are not will eventually expose themselves. Educate yourselves and pay attention is all I can advise you in this CDCR trap in which many do not seriously consider the reality of the struggle, but instead practice acceptance.

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[Gender] [California] [ULK Issue 6]
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Female guards watching male prisoners shower

I wanted to bring to your attention that the psycho-sexual warfare in California include the fact that I am in a Security Housing Unit and I am required to exit the cell to go to the shower with nothing on but a pair of boxers. I also have a problem with female staff working in the unit during showers because I am not an exhibitionist and I believe it is improper for female staff to view naked male prisoners just as it is not proper for male staff to view female prisoners' showers.

California Code of Regulations Title 15, Division 3, Chapter 1 Article 2 "Security" Section 3287 "cell, property and body inspections" sub (b)(4) explicitly prohibit male correctional employees from non-emergency body searches of female prisoners. I resent and take offense to female staff looking at my nakedness, whether they derive some psycho-sexual pleasure or not it's simply not right, and another example of the double standards of the CDCR. When staff come for showers I have to ask if female staff are working in the building and if so I simply decline the shower and most of the regular male guards know this.

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[Legal] [California]
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Prisoners Denied Right to Public Records

Greetings from one of the realms of concrete and steel within California's massive prison industrial complex on the central coast in the sleazy valley. In my efforts to re-obtain copies of some records that have been improperly seized I have presented numerous written requests to prisoncrats who tend to ignore such requests.

If or when a prisoner seeks to present such matters on administrative appeals they are customarily mysteriously lost or screened out by the appeals coordinator who acts as a risk manager who systematically rejects administrative appeals on any manufactured ruse he can phantom with impunity, so after going through such headaches one tends to seek alternative means of accomplishing his endeavors.

The California legislature enacted California government code section 6250 which in the pertinent part states "that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." This being a right and not a privilege when you look a bit further 6252 definitions sub (c) "persons" include any natural person, etc. sub (d) "public agency" means any state or local agency. Sub (e) "public records" include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics, etc. sub (f) "writing" means any handwriting, typewriting, printing, photostating, photographing, photocopying….any record thereby created, regardless of the manner in which the record has been stored. Sub (g) "member of the public" means any person…etc.

The definitions nowhere state that a prisoner is not a person so the provisions should be equally applicable for a prisoner as it applies to anyone else one. Now pursuant to 6253(c) "each agency, upon a request for a copy of records, shall within 10 days from receipt of the request determine whether the request, in whole or in part, seeks copies of disclosable public records…" sub (d) "nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records…"

When considering the mandatory language of 6253(d) one would conclude that the legislature did not intend for any state agency, including the CDCR to have the right to delay or obstruct anyone from the obtaining of non-confidential public records. In fact 6258 "proceedings to enforce right to inspect or to receive copy of record" state: "any person may institute proceedings for injunctive or declaratory relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under this chapter…"

All of this is quite clear and simple language, right? I challenge everyone to look up the public records act commencing at California government code section 6250-6276. Nowhere does it say that anyone can adopt regulations that are not applicable or conflict with the public records act provisions. Section 6253.4 reads "agency regulation and guidelines which authorize every agency to adopt regulations stating the procedures to be followed when making its records available in accordance with the section". In fact at 6253.4 (b) "guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of chapter and shall reflect the intention of the legislature to make records accessible…"

How then can the California Department of Corrections and Rehabilitation simply ignore a prisoner's public records act request? When one presents the matter to the court for consideration, the state court would then take the position that the petitioner has failed to exhaust administrative remedies pursuant to 15 CCR 3084.1 because he is under the jurisdiction of the department! Yet no where in the provisions of the public records act do I see where it states that the provisions of Cal Gov. C. 6250 does not apply to persons under the jurisdiction of the CDCR or revoke the right to access public records.

It is wrong to compel a prisoner to submit an administrative appeal regarding obtaining a non-confidential information needed as of a result of a federal court order that directed the plaintiff to add some other specific information to an amended complaint within a specified amount of time. Prisoncrats know this and purposely seek to cause the prisoner to not comply with the federal order so as to indirectly cause an action to be dismissed for non-compliance with the courts directive. Well luckily I was able to make some of the required corrections without a complete copy of the administrative appeals. This problem serves to further expose the injustice that prisoners are subjected to in the pursuit of the legally guaranteed rights. Not to mention that a 602 can take over 6 months administratively.

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