Update on CA Grievance Lawsuits

I have filed a petition in Los Angeles County Superior Court on the inadequacy of the grievance procedure in California prisons. I’ve also written letters to the California Attorney General’s Office, the LA County District Attorney Office, the Governor’s office and various media outlets in order to seek their assistance in forcing the California Department of Corrections and Rehabilitation (CDCR) staff to honor their own policies and regulations. All of my above efforts were to no avail.

The LA County Superior Court ordered an informal response when I filed my petition. The California Attorney General’s office assumed the position of respondent to my petition and asked for an extension of time to reply to my petition, and then they failed to meet even that deadline. Before the Attorney General replied, the court denied my petition stating that I was not in compliance with the grievance procedure, despite being unable to cite a single grievance regulation that I hadn’t complied with. This judicial abdication of CDCR staff lawlessness is routine in California state-level courts.

I had tried addressing the inadequate grievance procedure in the federal courts, by way of a federal civil suit that I filed against California State Prison - Corcoran. The ruling on this was that the CDCR’s violation of their grievance procedure does not create a federal constitutional violation, basically saying that the due process clause is meaningless. The case is now pending in the 9th Circuit Court of Appeals, case number 12-17419.

My “take-away” from my efforts so far is that in dealing with these government types (da pigs, bureaucrats, politicians, government, attorneys, etc.) in general, you’re up against brazenly socioeconomically biased, unreasonable, spiteful, hypocritical, out-of-touch, legitimized sociopaths. They work together to justify clearly unlawful behavior, and are adverse to a system of legitimate checks and balances. They see barely disguised partiality, in the disposition of their duties, as reasonable and good. We see evidence of this daily. I mean, the recently exposed NSA spy program is beyond any reasonable dispute a violation of the Fourth Amendment, yet they go on unapologetically violating the same constitution that they claim to cherish, absolutely Orwellian with the “double-think.”

What irritates me even more is the public’s complacency in the face of this brazen tyranny by this nation’s power elite. The Declaration of Independence states that it is not only a right, but a duty for the people to replace a lawless government. When will we honor that duty?

Thank you for your time, consideration, and your work performed on behalf of the people.

MIM(Prisons) responds: We agree with this comrade’s conclusions, and of course, we harbored no real expectations of action from the bureaucrats’ offices and courts going into this campaign. This is why we constantly stress the need to organize people around these demands. The pigs are not usually going to do something just because it’s right. They are more likely do something when they are pressured to do it. And pressure can only be applied when prisoners are organized for their common interests.

This is class struggle of the imprisoned lumpen against the bourgeois classes. When this struggle does not exist, our so-called “rights” under bourgeois democracy disappear, demonstrating that they never really existed in their own right. That is why we don’t hesitate to report this comrade’s failures, because they underline that important lesson. They also allow us to highlight the real victory in the grievance campaign, which is prisoners across many states acting in unison, sharing information and strategizing. Our strategies around this campaign need to keep the big picture of the balance of power in mind so that we do not get lost in an endless cycle of give and take with the pigs.