Response to Texas Petitions Falling on Deaf Ears
I read over
the
letter from our Polunsky comrades. This is what I recommend. Often
it helps to attach an I-60 with your Step 1 grievance and ask the
Grievance Officer for the processing number of your grievance. If you
have this number you will have a direct reference to track a grievance.
This helps discourage grievances being “misplaced.” It’s also handy when
you write Administration Review & Risk Management (ARRM) about the
unit not addressing that particular grievance. For important and serious
grievances it is useful to start them like this:
I file this grievance to exhaust all administrative remedies as required by the Prison Litigation Reform Act to bring forth action under section 1983 of Title 42 of the United States Code.
It basically says: I’m going to sue you! It’s not a guarantee but such an intro may make the grievance officer take it more seriously.
In regards to the officers who confiscate personal property and then destroy them, I’d like to direct our comrades to the Texas Grievance Guide, in particular the part concerning filing criminal charges against officers. If an officer takes a prisoner’s property without giving a confiscation form stating the reason for confiscation, then that is legally theft. It is also a violation of your civil right to due process (which is also a criminal offense). Of course you will need some kind of proof that the item existed and was taken. Get prisoners to write affidavits and reference any camera numbers (if there are any). The criminal charges may not stick because pigs don’t eat pork, but it may give them a wake up call and make them think twice.
I agree that our grievance petitions are having no effect with the people we are currently sending them to. I feel it more beneficial to send them to ACLU Texas or the DOJ. Our grievances and complaints are systematically neglected and denied. It is an Orwellian system, a labyrinth of closed loops, a facade. We need to push for the TDCJ Independent Oversight Committee which will place our grievances before an unaffiliated organization with the ability to monitor TDCJ to ensure that it abides by statutory law and its own policy.
We shouldn’t hope sending the grievance petition alone to the DOJ or ACLU is enough. We must promote and campaign this proposed bill to our freeworld friends and family. I see no other way to break these closed loops.
MIM(Prisons) responds: Write to us for a copy of the Texas Grievance Guide. While we agree with this comrade that a TDCJ Independent Oversight Committee would bring progress for Texas prisoners in their fight against abuse and injustice, this too is not enough. We must learn from history that reforms like this one are followed by DOJ tricks and adjustments to work around the new policies and continue the same old abuse and repression. While we should still fight for these reforms, and use the battle to educate and unite people both behind the bars and on the streets, we must do this in the context of the broader struggle against the criminal injustice system. We should never mislead people to think that one reform or one house bill will make the change we need to see to create a true system of justice.