MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
California Strike Against Torture in Prisons - 8 July 2013
initiated in May 2011 updated on July 15, 2022
(campaign updates are added to the top, for full articles related to
this campaign scroll down)
Strike Suspended Again After 60 Days
As prisoners were facing critical medical concerns at the rate of
10/day, and only 40 of the 100 on strike had been going the full 60
days,
the
hunger strike has been temporarily suspended once more. Now is a
crucial time to provide organizational support to California prisoners
as they regroup for the next leg of this struggle.
Contact
MIM(Prisons) to volunteer and help out.
Outside supporters should call, email or even write letters to send a
message including something such as:
I am asking you to please ensure that proper health care continues to be
provided to prisoners under your care and that denial of such is not
used as a form of punishment towards those protesting their already dire
conditions.
contacts:
Corcoran Warden Connie Gipson: Corcoran State Prison, P.O. Box 8800,
Corcoran, CA 93212, (559) 992-8800
Pelican Bay warden Gregory
Lewis: Gregory.Lewis@cdcr.ca.gov 707-465-1000 x5001 Greg Lewis,
Warden Pelican Bay State Prison PO Box 7000 Crescent City, CA 95531-7000
Dr. Jeffrey Beard, Secretary of CDCR 1515 S Street, 5th Floor
Sacramento, California 94283 phone: 916-323-6001 (alternatively
916-445-5073) fax: 916-442-2637
Week 2 Phone Blast
Tomorrow (7/15/2013) marks 1 week for the hunger strikers in California.
The CDCR has reported over 12,400 who are officially fasting by their
standards, and at least 30,000 that have forgone meals in support.
All justice loving people, now is the time to voice your concerns about
solitary confinement and have the most impact. Call Governor Jerry Brown
and tell him that all long-term isolation must be shut down in
compliance with international laws against torture.
The latest round of negotations with the CDCR have failed.
The
Short Corridor Collective have released a statement announcing this
and the plans for indefinite food and work strike starting July 8th.
Comrades in Corcoran and San Quentin’s Adjustment Center are organizing
to begin hunger striking this day as well. All prisoners are called to
stop work starting July 8th to support the struggle for an end to
torture in California prisons. MIM(Prisons) has begun circulating update
letters to our supporters in California. Donations of money and labor to
support this work are welcome. Articles updating this campaign are
linked below.
They have also put out a call to other prisons to develop their own
demands if their needs differ from conditions faced in Pelican Bay.
Prisoners are organizing across California, as well as in other states,
for the upcoming strike. MIM(Prisons) is promoting a statement to
comrades in United Struggle from Within to lay out what it
would
look like for the CDCR to put an end to torture in their prisons.
The info below provides further background to this struggle, followed by
a constantly updated list of articles with further developments.
Original Campaign Info
Prisoners in the short-corridor Group D
control unit in Pelican
Bay State Prison (PBSP), Crescent City, California are planning a food
strike to protest inhuman conditions of isolation. These prisoners are
locked up in long term isolation, often on false gang validations as
punishment for political organizing or refusing to snitch on others.
They are cut off from contact with their families, not even able to send
photographs, or talk to them on the phone. Their food strike begins July
1 2011. Their demands include an end to group punishment for individual
actions and an end to the bogus debriefing process, more visitation and
interaction with family members, and adequate food. Read a full list of
their demands
here.
Pelican Bay is where many politically influential prisoners in
California are sent, which is in fact the reason why the unit was built
in the first place. The construction in 1989 was part of a conscious
campaign to crush prison activism and the inherently anti-imperialist
politics of the incarcerated oppressed nations, following the strong
prison movement that peaked in the 1970s in California.
The Security Housing Units (SHU, also knowns as Control Units) were
developed to isolate the most capable leaders among the prisoners. The
groups that weren’t crushed were outlawed. Through the process of “gang
validations,” the control unit in PBSP is used to limit the organizing
abilities of members of oppressed nations. The more politically active
and revolutionary-minded a prisoner is, the more they are targeted by
the state for transfer to Pelican Bay or another SHU. People are not
isolated because of violent acts they commit, or even for having plans
of committing violent acts; they are isolated because it is
illegal for them to interact with their own people.
That it is illegal for oppressed people to organize with each other, for
any reason, is obviously a method of ensuring the supremacy of the
Amerikan nation in North America, yet it is presented by legislators,
politicians, prison administrators, and the corporate media as a way of
saving the streets from criminal organizations. In
Under Lock &
Key issue 7, MIM(Prisons) and many prisoners explained that
when prisoners are not allowed to organize for their own interests as
oppressed peoples, violence actually increases in prisons and then
spills out onto the streets. The talking heads could easily recognize
this contradiction, but choose not to because it does not serve their
interests. Amerika wants divisions between, and violence amongst,
oppressed nations peoples, because it keeps the oppressed distracted
from their common enemy.
How does staff determine that someone is a gang member? Playing a game
of chess with a validated persyn, receiving a greeting card from a
validated persyn, or even just talking to a validated persyn can get you
validated, too. “Confidential information” is often used to validate
someone, which may be falsified by someone trying to save themselves
from these inhuman conditions, or may not exist at all.
Prisoners in PBSP are forced to “debrief” (snitch) if they want to get
out of the SHU, whether they have real information on someone or not.
The prevalence of snitching is an indicator of the current state of
disunity within prisons. But snitching doesn’t necessarily come from
persynal vendettas; people say what the administration wants to hear, or
what the administration tells them to say, and it is accepted as
evidence by the very same administration. The snitch is then ostracized
for obvious reasons. That extreme isolation, torture, violence, and
denial of privileges are used to extract this “information” shows that
the administration is the real enemy here. If the administration let up
their torture tactics, we believe most snitching would stop.
Oppressed people should be allowed to organize freely, even in prisons,
and we are not content with a “more transparent” validation process, or
a validation process conducted by a third party. The conditions in
Pelican Bay State Prison reflect the state of the criminal injustice
system across the United $tates. Prisons are used as a tool of social
control, and this has resulted in the largest prison population in the
world (relative to population size), and the locking up of large
portions of the Black and Latino nations. It is no surprise that this
system leads the oppressed nations to organize themselves behind bars.
Self-defense against a system that is literally burying people alive
would demand no less. This leads to an ever worsening cycle of
repression and isolation within Amerika’s prisons. The only real
solution is an end to the entire criminal injustice system. While we
fight for that revolutionary change, MIM(Prisons) supports the demands
of striking prisoners on short-corridor Group D in Pelican Bay State
Prison.
Support the striking prisoners! Do any or all of the following:
Write letters of support to the following addresses
saying you support the strikers and demand an end to the inhuman
isolation.
Click
here for an example letter.
Warden Greg Lewis Pelican Bay State Prison P.O. Box
7000 Crescent City, CA 95531-7000
Internal Affairs CDCR 10111 Old Placerville Rd, Ste
200 Sacramento, CA 95827
CDCR, Office of the Ombudsman 1515 S Street, Room 540
North Sacramento, CA 95811
Send copies of your letters to: MIM(Prisons) P.O. Box 40799 San
Francisco, CA 94140
Ensure the strikers are treated properly by staff.From a California prisoner: “Ask the Prison Law Office to do their
job and file a motion to Judge Henderson to make sure the Inspector
General and the prison medical overseer/monitor is here at PBSP from
July 1 until the conclusion of the hunger strike. They should be here to
make sure there’s no abuse, that no medical-records or weight-scale
tampering is conducted by medical or prison staff, and no retaliation is
conducted by the administration on any of the hunger strike
participants. Examples of retaliation would be moving them, removing all
liquids (coffee, tea, etc.) and all other property from their cells,
etc. You can also ask Judge Thelton Henderson to get involved; ask Dem.
State Senators and Assemblymembers Tom Ammiano and Jerry Hill to
exercise their right as state legislators to oversee PBSP’s medical and
prison staff during the hunger strike; ask the Office of the Inspector
General to be here for the reasons mentioned above; get Governor Brown
involved, and inform the media of our hunger strike.”
Prison Law Office General Delivery San Quentin, CA
94964 prisonlaw.com
Office of the Inspector General P.O. Box 348780 Sacramento, CA
95834-8780 oig.ca.gov
Governor Jerry Brown c/o State Capitol, Suite 1173 Sacramento, CA
95814 gov.ca.gov
Judge Thelton Henderson United States District Court 450 Golden
Gate Avenue, Box 36060 San Francisco, CA
94102-3489 cand.uscourts.gov
Assemblymember Jerry Hill 1528 S. El Camino Real Suite 302 San
Mateo, CA
94402 asmdc.org/members/a19
Assemblymember Tom Ammiano 455 Golden Gate Avenue, Suite
14300 San Francisco, CA
94102 asmdc.org/members/a13
Send copies of your letters to: MIM(Prisons) P.O. Box 40799 San
Francisco, CA 94140
Write letters together. Gather some people together (at
your workplace, school, etc.) to write the letters above.
Print and pass out flyers.Click
here to download a flyer we made to publicize this strike. Print and
pass it out, or make your own flyer.
Host a candlelight vigil or demonstration to publicize
and show support for the strikers.
Tell
us what you are doing to support the striking prisoners so
we can publicize it on our website.
Sign the petition. If you can’t provide support on the
ground, at least
click
here to sign an online petition. The creators of this petition plan
to send it to Governor of California Jerry Brown, Secretary of CDCR
Matthew Cate, and Warden of Pelican Bay State Prison Greg Lewis.
Get email updates. There is an email digest with
updates being ran by comrades at: hstrikenews@yahoo.ca
Background Documents:Original
complaint filed with the governor in February 2010
I appealed it December 30, 2011. I will write a letter to the Director's Review Committee, and make my complaint.
01/25/2012
Inter-Office Communications
Show Text
From: Mailroom
Subject: DRC Ruling on Publication
This is to inform you that the DRC upheld the MSCP denial of the following publication:
Publication Under Lock & Key Date Nov/Dec 2011 N 23
DRC denial date 1/18/12
04/03/2012
MIM Distributors says censorship without notification is illegal
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Hughes Unit ? exclusion of publication sent to several prisoners from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Hughes Unit in Gatesville, Texas.
MIM Distributors sent several prisoners at Hughes Unit a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from several people at Hughes Unit that they never received the publication listed above. Instead it was censored. We are aware that some people appealed the censorship decision, and that it was upheld by the Director's Review Committee. I am writing because MIM Distributors did not receive any notice of censorship determination from your Department, either from the mailroom staff at Hughes Unit, or from the Director's Review Committee.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to appeal the censorship decision to exclude Under Lock & Key No. 23 (November/December 2011);
3. and that all future decisions to censor material from MIM Distributors to anyone held in Hughes Unit be accompanied by procedurally and legally required notification to the publisher and prisoners.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
Edward Smith, Senior Warden
Hughes Unit
Route 2, Box 4400
Gatesville, TX 76597
Gilbert Campuzano, Region VI Director
Texas Department of Criminal Justice
Region VI Director's Office
4616 West Howard Lane, Suite 200
Austin, TX 78728
MIM Distributors says no notification of censorship is illegal
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Clements Unit ? exclusion of publication sent to several prisoners from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Clements Unit in Amarillo, Texas.
MIM Distributors sent several prisoners in Clements Unit a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from several prisoners that they never received the publication listed above. Most of these prisoners appealed the exclusion of Under Lock & Key No 23, and sent MIM Distributors the Director's Review Committee decision to deny the publication. MIM Distributors never received any notice of censorship determination from your Department or the mailroom staff at Clements Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. XXXXXX, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors) or prisoner, under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to be offered a chance to appeal the exclusion of our materials;
2. and that all future decisions to censor material from MIM Distributors to anyone held in Clements Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
John Adams, Senior Warden
Clements Unit
9601 Spur 591
Amarillo, TX 79107-9606
Jason Heaton, Region V Director
Texas Department of Criminal Justice
Region V Director's Office
304 West 6th Street
Plainview, TX 79072
MIM Distributors says censorship without notification is illegal
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Hughes Unit ? exclusion of publication sent to several prisoners from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Hughes Unit in Gatesville, Texas.
MIM Distributors sent several prisoners at Hughes Unit a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from several people at Hughes Unit that they never received the publication listed above. Instead it was censored. We are aware that some people appealed the censorship decision, and that it was upheld by the Director's Review Committee. I am writing because MIM Distributors did not receive any notice of censorship determination from your Department, either from the mailroom staff at Hughes Unit, or from the Director's Review Committee.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to appeal the censorship decision to exclude Under Lock & Key No. 23 (November/December 2011);
3. and that all future decisions to censor material from MIM Distributors to anyone held in Hughes Unit be accompanied by procedurally and legally required notification to the publisher and prisoners.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
Edward Smith, Senior Warden
Hughes Unit
Route 2, Box 4400
Gatesville, TX 76597
Gilbert Campuzano, Region VI Director
Texas Department of Criminal Justice
Region VI Director's Office
4616 West Howard Lane, Suite 200
Austin, TX 78728
Director's Review Committee upholds censorship of ULK23
04/03/2012
MIM Distributors says no notification to publisher is illegal
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Clements Unit ? exclusion of publication sent to several prisoners from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Clements Unit in Amarillo, Texas.
MIM Distributors sent several prisoners in Clements Unit a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from several prisoners that they never received the publication listed above. Most of these prisoners appealed the exclusion of Under Lock & Key No 23, and sent MIM Distributors the Director's Review Committee decision to deny the publication. MIM Distributors never received any notice of censorship determination from your Department or the mailroom staff at Clements Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors) or prisoner, under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to be offered a chance to appeal the exclusion of our materials;
2. and that all future decisions to censor material from MIM Distributors to anyone held in Clements Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
John Adams, Senior Warden
Clements Unit
9601 Spur 591
Amarillo, TX 79107-9606
Jason Heaton, Region V Director
Texas Department of Criminal Justice
Region V Director's Office
304 West 6th Street
Plainview, TX 79072
04/11/2012
Warden claims MIM Distributors was notified of censorship of ULK 23 Download Documentation
04/16/2012
Ombudsman refers MIM Distributors to Warden's letter, does not conduct investigation Download Documentation
04/17/2012
Letter from Mail System Coordinators Panel - ULK 23 denied because of page 7 Download Documentation
MIM Distributors says we were not notified of censorship
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Lewis Unit ? exclusion of publication sent to prisoner xxx from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Gib Lewis Unit in Woodville, Texas.
MIM Distributors sent the above named prisoner a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from the prisoner (Mr. xxx) that he never received the publication listed above. I am writing because MIM Distributors did not receive any notice of censorship determination from your Department or the mailroom staff at Lewis Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to know what determination has been made over the mentioned publication;
2. in case of a negative determination, to be notified of the reasons of the censorship decision, and to be offered a chance to appeal the exclusion of its materials;
3. and that all future decisions to censor material from MIM Distributors to anyone held in Lewis Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
Cody Ginsel, Senior Warden
Gib Lewis Unit
777 FM 3497
Woodville, TX 75990
Michael Upshaw, Region I Director
Texas Department of Criminal Justice
Region I Director?s Office
1225 Avenue G
Huntsville, TX 77340
MIM Distributors asks for chance to appeal censorship
Show Text
Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Clements Unit ? exclusion of publication sent to several prisoners from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Clements Unit in Amarillo, Texas.
MIM Distributors sent several prisoners in Clements Unit a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from several prisoners that they never received the publication listed above. Most of these prisoners appealed the exclusion of Under Lock & Key No 23, and sent MIM Distributors the Director's Review Committee decision to deny the publication. MIM Distributors never received any notice of censorship determination from your Department or the mailroom staff at Clements Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors) or prisoner, under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to be offered a chance to appeal the exclusion of our materials;
2. and that all future decisions to censor material from MIM Distributors to anyone held in Clements Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
John Adams, Senior Warden
Clements Unit
9601 Spur 591
Amarillo, TX 79107-9606
Jason Heaton, Region V Director
Texas Department of Criminal Justice
Region V Director's Office
304 West 6th Street
Plainview, TX 79072
MIM Distributors protested the censorship of ULKs 22 and 23 at CSP Corcoran. The prisoner reported receiving this letter after MIM Distributors's letter went to the warden.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
CCR, Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(7), Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third-party correspondence [PBSP DOM Addendum, Section 54010, Attachment 10 #33]
Additional information: Mass mailing from MIMS [sic] DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by SHU ISU. The mailing is disallowed as per the CCR, Title 15, Sections 3006, 3135, and 3136.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
The disposition of the letter/mailing is as follows:
Confiscated by SHU ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed G. Pimentel, Correctional Officer, Institutional Gang Investigations
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Sections 3006 and or 3135:
Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(7), Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third-party correspondence [PBSP DOM Addendum, Section 54010, Attachment 10 #33]
Additional information: Mass mailing from MIMS [sic] DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by SHU ISU. The mailing is disallowed as per the CCR, Title 15, Sections 3006, 3135, and 3136.
CCR, Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(7), Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third-party correspondence [PBSP DOM Addendum, Section 54010, Attachment 10 #33]
Additional information: Mass mailing from MIMS [sic] DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by SHU ISU. The mailing is disallowed as per the CCR, Title 15, Sections 3006, 3135, and 3136.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
The disposition of the letter/mailing is as follows:
Confiscated by SHU ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed G. Pimentel, Correctional Officer, Institutional Gang Investigations
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by SHU ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed G. Pimentel, Correctional Officer, Institutional Gang Investigations
and B.W. Freeland, Correctional Captain, Investigative Services Unit
CCR, Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(7), Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third-party correspondence [PBSP DOM Addendum, Section 54010, Attachment 10 #33]
Additional information: Mass mailing from MIMS [sic] DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by SHU ISU. The mailing is disallowed as per the CCR, Title 15, Sections 3006, 3135, and 3136.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
The disposition of the letter/mailing is as follows:
Confiscated by SHU ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed G. Pimentel, Correctional Officer, Institutional Gang Investigations
and B.W. Freeland, Correctional Captain, Investigative Services Unit
List item(s) which meet disapproval criteria:
Correspondence concerning the disruption of daily operations of the prison: Disapproved per Title 15 and Dom Supp 54010.9
List item(s) which meet disapproval criteria:
Correspondence concerning the disruption of daily operations of the prison. Disapproved per Title 15 and Dom Supp 54010.9.
Authority to disallow
Printed name of Warden's designee:
M. Denning
List item(s) which meet disapproval criteria:
Correspondence concerning the disruption of daily operations of the prison. Disapproval per Title 15 and DOM Supp 54010.9.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
11/17/2011
Prisoner appeals censorship
Show Text
ISU has once again banned/disallowed MIM Distributors with the bogus claim that it has plans to "strike"; coded messages; promotes gang activities; has inmate-to-inmate correspondence; & third party mail. This is plainly an untrue statement of the facts. PBSP is only attempting to exclude ALL material from MIM regardless of the material in it, which it cannot do. See Williams v. Brimeyer 116 F.3d 351 (1997). Prison officials cannot censor mail just because it makes rule [sic] comments about the prison or prison staff (see Bressman v. Farrier, 825 F.Supp 231 (1993)). Further I have the right, as all prisoners do, to express our political beliefs and cannot be punished because of them (see Sczerbaty v. Oswald 341 F. Supp 571 (1972)). A news publication, which MIM is, IS allowed to report the news. That means prison news as well. I have already addressed this issue on prior disapproved mail of MIM yet PBSP is still unjustly banning MIM. This needs to stop.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Section 3006 and or 3135:
Title 15, Section 3006 CONTRABAND:
(c)(5) Plans to disrupt the order, or breath the security, of any facility (such as riot, escape, strike, etc.)
(c)(7) Coded messages.
It violates regulations or local procedures:
Promotes gang activities [CCR, Title 15, Section 3023 (a)]
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, section 54010, Attachment 10, #33]
Additional information: Mass mailing from MIM DISTRIBUTORS advocating the continuation of a state wide hunger strike/disturbance. Contains reports from several unidentified California inmates located throughout the state.
The disposition of the letter/mailing is as follows:
Confiscated by GP ISU. The mailing is disallowed per Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
and B.W. Freeland, Correctional Captain, Investigative Services Unit
On 10-05-2011, correspondence was stopped for the above-named inmate. The mailing is described as follows: Incoming Correspondence from [MIM Distributors].
The correspondence was disapproved in accordance with the California Code of Regulations (CCR) Title 15, Section 3136, as it pertains to Sections 3006 and/or 3135:
CCR, Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(7), Coded messages.
It violates regulations or local procedures:
Unauthorized inmate-to-inmate correspondence and/or inmate-to-parolee/probationer correspondence [CCR, Title 15, Section 3139]
Third party correspondence [PBSP DOM Addendum, Section 54010, Attachment 10, #33]
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by GP ISU. The mailing is disallowed per the CCR, Title 15, Sections 3006, 3135, and 3136.
Signed M. Cleary, Correctional Officer, Investigative Services Unit
B.W. Freeland, Correctional Captain, Investigative Services Unit
10/13/2011
Notification of Disapproval
Show Text
Disposition: held pending investigation/appeal
10/19/2011
Prisoner appeals censorship
Show Text
I received a 128-B and a 1819 notifying me that a newsletter from [MIM Distributors] was confiscated. This unjust as there was no third party correspondence. [Sender] world for the newspaper "Under Lock & Key" and was informing me of the ongoing developments of the hunger strike already going on and in which I was already a part of. There is or was no coded messages or plans to disrupt the order of the facility. The letter confiscated unjustly was no more than a newsletter and journal of personal struggles. I and all prisoners have a right to express our political beliefs. The means that prison officials may not punish us simply because of our political beliefs. See Sczerbaty v. Oswald 341 F.Supp 571 (1972). Further, prison officials cannot censor my mail just because it makes rude comments about the prison or prison staff, Breggman v. Farrier 825 F. Supp 231 (1993). Mail cannot be censored because prison officials believe it improperly magnifies complaints or contains inflammatory remarks, Procunier v Martinez (1974) 416 U.S. 396, 413. Penal Code section 2601(c) provides California inmates with a specific right to receive publications. Lastly, the whole basis of the hunger strike is and was a matter of CDCR and PBSP NOT conforming to the laws of the US, California, and its legal courts. The US constitution requires prison officials to allow prisoners to exchange correspondence that is necessary for a legal matter, which is the case here. See Turner v. Safely (1987) 482 U.S. 78; Valandingham v. Bojorquez (9th Cir 1989) 866 F.2d 1135; Murphy v. Shaw (9th Cir. 1999) 195 F.3d 957.
The correspondence was disapproved in accordance with Title 15, Section 3136 as it pertains to Sections 3006 and or 3135:
Title 15, Section 3006, CONTRABAND, state in part:
(c)(5), Plans to disrupt the order, or breach the security, of any facility (such as riot, escape, strike, etc.)
(c)(6); Plans for activities which violate the law, these regulations, or local procedures.
Additional Information: MIM letter dated September 1, 2011, states in part that "This letter is going out to activists in California to update you on the latest information and keep the organizing moving forward." This statement is referring to the hunger strike which took place between June and July of 2011. The letter goes on to state "The struggle is a protracted one and we need to continue to learn how to work better together and in opposition to the oppressor. We need to get organized and we need to study and learn."
The disposition of the letter/mailing is as follows:
Other (describe): Confiscated by SHU ISU. The mailing is disallowed as per the CCR, Title 15, Sections 3006, 3135, and 3136.
MIM Distributors says no notification is illegal
Show Text
Warden (A) Connie Gipson
California State Prison - Corcoran PO Box 8800
Corcoran, CA 93212-8309
March 14, 2012
RE: Censorship incidents occurred at California State Prison - Corcoran ? exclusion of publications sent to Mr. XXX
Dear Warden Gipson,
I am writing this letter about what seems to be a censorship incident that occurred at CSP-Corcoran. MIM Distributors sent the above mentioned prisoner several different publications and letters.
Precisely MIM Distributors sent Mr. XXX:
? Under Lock & Key 18 (January/February 2011) sent on 01/28/2011
? Under Lock & Key 19 (March/April 2011) sent on 03/24/2011
? Under Lock & Key 20 (May/June 2011) sent on 05/27/2011
? a letter dated 06/10/2011
We recently learned from the prisoner that he never received these materials. Nor did he receive any notice or determination from your Department explaining whether and why the publications were censored. MIM Distributors did not receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the letters and publications haven?t been delivered to the inmate and whether or not the Administration has decided to censor them.
As you are certainly aware, the U.S. Supreme Court has clearly stated that both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)). In plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publication sent to Mr. Barnett.
In refusing to provide notice and an opportunity to be heard to both the prisoner and the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1) to know whether or not a determination has been made over the mentioned letters and publications;
2) in case of a negative determination, to be notified of the reasons of the censorship decision and to be offered a chance to appeal the exclusion of its materials.
We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
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