Tier II Challenges in Court
I am on the Tier II Program in Georgia. I am confined to an isolation cell 24 hours of every day. I’m not allowed outside my cell for any reason, other than to shower three times a week. I’m not allowed ANY phone calls, visits, photos (of either friends or family), nor am i – unlike other prisoners – allowed to posess the recently distributed electronic communication device.
My entire waking moment is expended ONLY on either legal or political endeavors (this includes assisting others in such endeavors), even if it simply entails me devouring some relevant item of legal or political literature. In light of the intensity of my torture and the urgency of my struggle – our struggle – nothing else is relevant enough to warrant my attention or time.
The enemy succeeded in depersonalizing me – in dehumanizing me – in emotionally and psychologically MURDERING me! – a long time ago, before i even became aware of the fact of my systematic, gradual death. But as a result of my “death” i’ve grown to be as militant (and stoical) as they come. My creed is simple: “If it doesn’t concern the political, it doesn’t concern me.” Frantz Fanon in his Wretched of the Earth stated that “any torture deeply dislocates, as might be expected, the personality of the tortured.” I cannot state, with certainty, that i would have – or that i even could have – grasped the gist of Fanon’s statement were it not for my own continual involuntary subjection to torture.
But to return from my digression, my lawsuit concerning the Tier II Program raises a number of colossal implications. For one, my case is the leading case attacking the inadequate due process procedures attendent upon both a prisoner’s initial and continued assignment to the Tier II Program, as well as contesting, in the so-called civil and human rights context, the totality of the Tier II program confinement conditions. What this means is that my case is inevitably going to set the precedent (the criterion) by which all other subsequent Tier II cases are to be handled in the judiciary.
Moreover, with regard to my motion requesting to be released from the Tier II Program, that issue is currently pending in the court of appeals for the Eleventh Circuit. If i am successful at the appellate level – and it looks as though i will be – the favorable ruling would provide prisoners with a vehicle through which to remedy “unlawful” or otherwise erroneous assignments to the Tier II Program (and ALL assignments of prisoners to the Tier II Program are arbitrary and intentionally carried out by prisoncrats in derogation of formal Departmental policy).
But most importantly, my case – because it is the test case – is going to settle (for better or worse) important questions with respect to both the civil and human “rights” of prisoners nationwide. Such is the significance of my case. But even a string of “bad” decisions would still be “good” for the anti-imperialist movement, because it would only further “expose the fallacies of the reactionaries”(Mao), here, the futility of the Amerikkkan court system.
In any event, i will be forwarding the Prisoners’ Legal Clinic some relevant court documents from my case within the next week or so, if only to keep you abreast of developments. Actually, the trial court, to its credit, has already condemned the confinement conditions of Tier II as “so egregious that a constitutional right was clearly violated.”(Nolley v. Nelson, No. 5:15-cv-75-CAR(M.D.Ga.), Doc. 50, p. 29.
