Recent Fifth Circuit Rulings, a Blueprint for Relief
Revolutionary greetings to all comrades persevering in the struggle. This article is in reference to the recent rulings in the district courts within the Fifth Circuit, as well as the rulings by the Fifth circuit itself favorable to prisoners. We should seize upon this time to obtain relief for as many comrades as possible within our circuit.
We must exercise caution not to lead any comrades astray into believing that we will ever throw the yoke of oppression by way of the Amerikan nation injustice system and their courts. We can however utilize legal battles in an effort to bring in others from the fringes over to our cause by encouraging and promoting political education and unity, fostering growth and development while continuing to build our strength so that we are able and ready to seize power for the people when that time comes.
With that in mind I now turn to the most recent ruling by the Fifth circuit in August 2017 whereby they confirmed a ruling by the S.D. of Texas in a case on extreme heat. This case: Cole V. Collier, 868 F.3d 354; 2017 U.S. App. LEXIS 15847-No. 16-20505 - an appeal from Cole v. Livingston, 2016 U.S. Dist. LEXIS 77435 (S.D. Tex. June 14, 20166); is another example that can be emulated by others to obtain relief.
In that case the plaintiffs utilized Fed. R. Civ. P. 23 (a) in order to receive certification of a general inmate class, a heat-sensitive subclass, and a disability subclass; thereby containing a claim for relief for all prisoners in the TDCJ Wallace Pack Unit.
This case follows on the heels of a similar case: Ball V. LeBlanc, 792 F. 3d 584, in which the three prisoners in Angola’s Death Row building obtained relief tailored to them due to the restrictions of the PLRA to extend no further than necessary to correct the violation as to the particular plaintiffs. The plaintiffs at the Wallace Pack Unit however gained an advantage by using Fed. Civ. Rule 23 to obtain a class certification.
In conclusion I would like to encourage all comrades with the ability, to take advantage of these rulings and comb through these cases and the opinions of the judges to address any specific needs so as to obtain relief for their own units where possible. And as for those already engaged in litigation individually to encourage and aid when possible others to be that “Plaintiff” or “Plaintiffs” as I stated in a previous article. As for my own suits against the conditions and extreme heat here at David Wade Concentration Camp I will update my comrades as to any favorable progress. I am currently awaiting a preliminary injunction order to install temperature gauges such as was done in the Ball Case to prove the triple-digit temps. I also want to state that I have just returned here to D.W.C.C. after several transfers that were attempts to frustrate my legal mail and most of my suits. One of these transfers placed me at Camp F on D-tier in Angola’s Death Row building where I was personally able to see the relief provided to the three plaintiffs Ball, Code, and Magree who are housed on C-tier.
To see the full extent of relief provided see: Ball v. LeBlanc, 233 F. Supp. 3d 529; 2016 U.S. Dist. LEXIS 177911.
DARE TO STRUGGLE. DARE TO WIN. ALL POWER TO THE PEOPLE.