MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Dawn Grounds, Warden
Hughes Unit
Rt 2 Box 4400
Gatesville, TX 76597-0001
April 6, 2009
Warden Grounds,
This is a follow-up letter to the ones we sent you on January 19, 2009 as well as October 2008 asking why you are censoring mail from MIM Distributors, to which you have sent no response. The issue is that none of the prisoners we are in contact with at Hughes Unit have confirmed receipt of our newsletter Under Lock & Key since September 2008, and we have reason to believe it is because they are being censored. In addition to our newsletters, personal letters from MIM have been censored by your facility.
Of the 20-some-odd pieces of mail we have sent into Hughes Unit, we have only received a handful of it returned to us. When it is returned, there is no information on the envelope that indicates why it was returned. We also believe that the prisoners are not being notified of this mail denial.
Why is mail from MIM Distributors being censored? The actions your facility is taking are completely illegal, and we advise you to investigate the matter as soon as possible.
Thank you for your consideration,
MIM(Prisons)
CC: All affected parties
04/06/2009
Letter to Regional Director
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Gilbert Campuzano, Regional Director
4616 W. Howard Ln Suite 200
Austin, TX 78728
April 6, 2009
Director Campuzano,
This is a follow-up letter to the ones we sent to Warden Dawn Grounds of Hughes Unit on January 19, 2009 as well as October 2008 asking why mail from MIM Distributors is being censored, to which they have sent no response. The issue is that none of the prisoners we are in contact with at Hughes Unit have confirmed receipt of our newsletter Under Lock & Key since September 2008, and we have reason to believe it is because they are being censored. In addition to our newsletters, personal letters from MIM have been censored by this facility under your supervision.
Of the 20-some-odd pieces of mail we have sent into Hughes Unit, we have only received a handful of them returned to us. When it is returned, there is no information on the envelope that indicates why it was returned. We also believe that the prisoners are not being notified of this mail denial.
Why is mail from MIM Distributors being censored? The actions your facility is taking are completely illegal, and we advise you to investigate the matter as soon as possible.
Thank you for your consideration,
MIM(Prisons)
CC: All affected parties
04/06/2009
Letter to Ombudsman Coordinator (TDCJ Administrative Review)
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This letter is regarding an issue that is happening at Hughes Unit in Gatesville, TX. All newsletters from MIM Distributors are being denied at Hughes with only occasional notification to MIM Distributors or the prisoners. Also, we write to inquire why the newsletters are being censored. The name of the newsletter in question is Under Lock & Key.
In addition to the newsletter being censored, we have only received confirmation that a few of our personal letters have reached our prisoner contacts and we have reason to believe that personal mail sent from MIM Distributors is also being censored.
Attached to this letter is a similar letter that was sent to Warden Dawn Grounds and Director Gilbert Campuzano. We have sent Warden Grounds two letters related to this issue in the past, but have received no response. We ask that you investigate this illegal activity and get back to us with a reason and remedy as soon as possible.
Thank you for your consideration.
MIM(Prisons)
Gilbert Campuzano, Regional Director
Hughes Unit
Rt 2 Box 4400
Gatesville, TX 76597-0001
April 6, 2009
Director Campuzano,
This is a follow-up letter to the ones we sent to Warden Dawn Grounds of Hughes Unit on January 19, 2009 as well as October 2008 asking why mail from MIM Distributors is being censored, to which they have sent no response. The issue is that none of the prisoners we are in contact with at Hughes Unit have confirmed receipt of our newsletter Under Lock & Key since September 2008, and we have reason to believe it is because they are being censored. In addition to our newsletters, personal letters from MIM have been censored by this facility under your supervision.
Of the 20-some-odd pieces of mail we have sent into Hughes Unit, we have only received a handful of them returned to us. When it is returned, there is no information on the envelope that indicates why it was returned. We also believe that the prisoners are not being notified of this mail denial.
Why is mail from MIM Distributors being censored? The actions your facility is taking are completely illegal, and we advise you to investigate the matter as soon as possible.
To Ombudsman Coordinator, further inquiry into censorship
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MSCP
Attn: Jane M. Cockerham
P.O. Box 99
Huntsville, TX 77342-0099
June 21, 2009
Dear Ms. Cockerham,
We received your letter from April 22, 2009 (letter no. 9-00-1195) in regards to your investigation of censorship of MIM(Prisons)'s newsletter titled Under Lock & Key from several prisoners at Hughes Unit. In this letter you asserted that Under Lock & Key issue 6 was censored at Hughes because it "would jeopardize the safe operation of the facility." Thank you for specifying the concerns in that matter, as the original evaluation was not clear.
However, I am still confused about why this newsletter is being censored. Which parts/pages/excerpts of the newsletter are a threat to the "safe operation" of the facility? Based on prisoner testimony, when they are studying with MIM(Prisons), they have an overwhelming inclination toward nonviolence. Of which policy is ULK 6 in violation?
In addition, please refer to the following case law when reviewing this matter more in-depth.
?When a prison regulation restricts a prisoner?s First Amendment right to free speech, it is valid only if it is reasonably related to legitimate penological interests.? Lindell v. Frank, 377 F.3d 655, 657 (7th Cir. 2004), citing Turner v. Safely, 482 U.S. 78, 89 (1987).
"First, the regulation or practice in question must further an important or substantial governmental interest unrelated to the suppression of expression. Such interests include security, order, and rehabilitation. Second, the challenged action must be no greater than is necessary or essential to the protection of that interest." Koutnik v. Brown, 456 F.3d 777, 784 (7th Cir. 2006) referring to standards set in Procunier v. Martinez 416 U.S.396. 94 S.Ct 1800.
Also, in your letter you ensured that prisoners receive a notification when their mail is censored. It would be greatly appreciated if you could ensure that your staff is following this law, as laid out in Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, because I guarantee that prisoners who we are in contact with in various Texas prisons, including Hughes Unit, are not receiving notifications that their mail is being censored.
We received your letter dated July 13, 2009 regarding the censorship of Under Lock & Key issue 6, from MIM Distributors. We appreciate that you looked further into the matter and gave a clear description of why the publication was censored.
However, although you claim that it isn't in TDCJ policies and procedures to notify prisoners when their mail is being censored, I believe that the case law set forth in Procunier v. Martinez would cause a court to disagree. See the excerpt below for more information.
"The court required that an inmate be notified of the rejection of correspondence and that the author of the correspondence be allowed to protest the decision and secure review by a prison official other than the original censor." Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800
So it seems that the TDCJ policies and procedures should be reconsidered and rewritten to reflect this U.S. law. Although the MSCP notifies the prison mailroom staff of the censorship, you are required to also notify the author (us) and the supposed recipient (the prisoner).
We hope that in the future we won't experience this problem with the functionality and legal noncompliance of the MSCP and TDCJ.
We received your response to Ms. Clarke from July 31 regarding rules on notification of censorship, however, it was not clear to us. You state that prisoners need not be notified of censored mail but that both the prisoner and the sender of mail are to receive written notice of a disapproval with a statement of reason. Is there a difference between "censorship" and "disapproval" here? Or is the difference between "mail" and "publication or correspondence"?
Could you send us a copy of the relevant Board Polices, including 03.91? Perhaps that would clear up our confusion.
Thank you for your assistance,
09/09/2009
Response clarifying that they must notify prisoners of "disapproval" not "censorship/inspection" Download Documentation
In your letter to us dated September 9, 2009, you said that you enclosed a copy of Board Policy 03.91. Actually, the only item in the envelope was your letter. Could you please send a copy of Board Policy 03.91 and any other policies or rules that you think might be relevant? It would be greatly appreciated.
We appreciate your clarification of the mailroom's supposed practice regarding notification of mail denial. Somewhere in this correspondence it seemed to you that we were asking the mailroom to notify prisoners whenever they receive any mail. This, of course, would be unnecessary, as the delivery of the mail would be notification in itself. We only ask that the mailroom staff notify prisoners when their mail is being denied, where previously they weren't.
