Georgia Prisons

Since 2011 GA DOC has declared war against all prisoners validated “Goodfella.” As a whole all priosoners validated Goodfella have been held on lockdown at all prisons in GA for an altercation that happened between Goodfella and Bloods. While on this never ending lockdown DOC started what they call the “Tier” program which is a lockdown program for disciplinary inmates. All prisoners validated Goodfella were automatically placed on this progra, which is supposed to be a 9 month program. Then prisoners get placed back into population. The program was originally a 3 phase program. Prison officials implemented what they call a “3 plus” phase just for all members of Goodfella to keep us locked down as I write this we are still locked down and on this program.

While on this program we are stripped of all rights, property, liberty and subjected to inhumane conditions. We’re degraded, treated like animals, denied proper adequate medical and law library. We locked in a prison cell 24 hours a day. Officers and prison officials constantly oppress and suppress us. We’re not allowed vocational programs, education classes, job training or job enhancing skills. Newspapers, books, raidios, TV or nothing to help us to grow mentally and help us transiton back into society. So basically our brothers are leaving prison the same way they came in or worse. Nothing rehabilitative comes from this program. It’s designed to break us mentally so they can control us like robots.

Since this program started look at the suicide rate and attempts in GA prison system. They don’t care about the psychological trauma stemming form this oppression, suppression and repression that’s elading to depression.

Myself as well as many other gang members have attempted to bring peace amongst our different gangs or organizations but now DOC scared to let us out for fear we going to unite with other gangs or organizations against the officers.

We’ve attempted to bring unity while back here on lockdown but brothers are scared and some still on some lil boy story and holding grudges. I went to the door last week and asked did anyone know who Bobby Seale, Fred Hampton, Huey P, Marc Clark, George Jackson and many other Black revolutionaries were. They knew one or two but no one knew everyone I ask them about. Then I ask about Bobby Hutton. Geronimo Pratt, Mutulu Shakur Al-Amin and got the same result and immediately I know the problem: our youth lack proper education. The history book only teach white history and slavery side of black history in the south.

Around 90% of inamtes released off tier program into society either start a life of crime and be in and out of jail, return to prison, do nothing productive with their lives or get killed. Why is that when this supposed to be a “therapeutic” program designed to rehabilitate and change our way of thinking? I’ll tell you why, because the tier is being used to break us mentally so they can control us. We being oppressed daily. We being stripped of all rights and forced to endure degrading inhumane conditions. And people wonder why Georgia recidivism rate so high. It’s because prisoners not being allowed to pursue an education, get trades or job enhancing skills so our comrades getting out the same way they came in or worse. Keep a man locked in a 2 man cell 24 hours a day for years. Forcing us to accept the small amounts of food on trays. Forcuing us to smell another man feces. Forcing us to live in inclement conditions. Forcing us to endure weather so hot if you move you sweat. How can a person be rehabilitated in this type of atmosphere. They can’t they not trying to. That’s their plan to either break us mentally or force us into withdrawl or depression where we lash out agressively.

Nothing positive come from this program. Look at how many prisoners have turend to mental health to try to relieve the mental pain being administered by prison officials oppressive program.

I’m writing your organization in hopes of raising awareness of my situation. On the date of 9-3-15, I was a inmate at Smith State Prison, where I was assaulted viciously by Derrius Attical; a member of the Cert Team. Somewhere in between the hours of 3 & 5’ oclock pm the Cert Team came to H-2, a lock down-segregation unit, with new arrivals. Somehow or another, Cert Team member D. Attical found reason to obtain the keys from the dormitory floor officer to gain access to my room. When the door came open, I was closer to the door than my bunkmate, who was sitting up-right on his bottom bunk. We were both sprayed with pepper spray none the less, but I was beat badly. I think he hit me with the bottom of the pepper spray can, but can not be certain. I & my room mate were temporarily blinded by pepper spray.

When all was said & done, I was covered in my own blood from head to toe, literally. I was escorted to medical by the Cert Team, & sent to the free world hospital, where I received stitches on my right eye brawl, & eye lid; & the left top corner of my upper lip. In total, I received what I think was 8 stitches. But it didn’t stop there. As expected I filed my grievance, & awaited disciplinary court, but on the date 9-11-15, exactly 8 days later, I was assaulted again!

On 9-11-15, about 4 something in the early morning, Lieutenant Witfield came to my new cell with a few others & a paint ball gun. They woke me out of my sleep, instructing me to cuff up, & I complied. I was then instructed to get on my knees, & I complied. From there I was pushed on my stomach. I laid there & listened, though the Lieutenant was being very unprofessional and belligerent. As he insulted me, he poked me in the face with the pepper ball gun. Still I remained silent. Some how the lieutenant felt disrespected. He quickly stood from where he once squatted & stomped on the back of my head, causing my chin to slam into the floor & split on contact.

The entire time, a female officer held the camera. I doubt that it was actually recording because of the conduct that the Lieutenant displayed, & the fact that once he was done she causally placed the camera to her side without stopping it from recording. I know this because I was waiting for her to. (Note that I received more stitches 9-11-15)

As I did the first time, I filed my grievance, & awaited to go to disciplinary court, although I did not receive a disciplinary report that time, I had still not been to D.R. Court for the incident on 9-3-15. The day I went to disciplinary investigation, I was acquitted of all charges. But for some strange reason I was forced into a program called Tier II & denied parole, which was set for 9-30-15. I was submitted into the Tier II program for “Assaultive History,” which is 1 of 13 reasons a inmate can be subjected to such a thing. This is ironic because I have never been convicted of such a thing. I have been accuse of 4 or 5 different occasions, but I have never been convicted of a violent D.R.

Due to the presumption of innocence, every man is considered innocent until proven guilty in the court of law, & to violate such a thing is to violate a man’s Due Process rights. I have hired an attorney on a contingency basis to represent me & my claims against the state, but America needs to be aware of the adversity the prison population endures.

I am just one of many. Throughout my 8 year prison term I have been a witness to many atrocious acts committed by those in authority of me. Many prisoners are not fortunate enough to have outside help and still, many are under educated, & lack the literacy skill to address such dynamic ploys. In conclusion, I hope that your org. is willing to help my raise awareness. I honestly believe that bringing attention to such evil & tyrannical people will halt such violence. Thank you for your time.

I just read an article in ULK (Jul./Aug. 2016). On page #14 <a href “https://www.prisoncensorship.info/article/overcome-censorship-on-tier-program/”>Overcome Censorship on TIER Program. I am currently housed at one of the prisons that has this so-called “program.” We have nearly 800 inmates locked away there now. Some have been there for years. I myself transferred to court recently, & upon coming back here, they placed me in “TIER I” for 2 weeks before I went back to general Pop. For “security purposes”… It’s torture!

The toilets are flushed by the C.O.s outside, & often times the stagnant waste sits in the bowl for hours. The food portions are never what they’re supposed to be. The C.O.s are often nowhere to be found, & don’t do their rounds consistently. If I had suffered a real life-threatening emergency, I wouldn’t be here now & I was only in there for 2 weeks! I shudder to think of all the inmates struggling to survive in those conditions

With that written, I’d like to get pro-active & do all I can. Even in general pop., we’re having issues with not receiving our mail in its entirety. Books must be approved by the institution in order to be received by prisoners (according to S.O.P.). However, completed forms never get returned, & so we’re denied the opportunity for new books. We hardly get the chance to visit the prison “library” due to “lack of staff” or “security purposes”.

Our grievance system is a joke. They must be handed personally to a counselor within a 10 day span of writing it, but the counselors do not visit the dorms regularly. When the grievances do get filed, it takes months for a response & the responses are ridiculous. So, I’m interested in the Censorship Pack, if you could possible send it. But what I REALLY need from you is the petition for the unanswered grievances (for the State of Georgia). I’d appreciate as many copies a you can offer, as this facility does not make personal copies for inmates. I will most definitely update the campaign of any progress I can make.

Today I’m writing in hopes of somebody in you all’s organization to be of some kind of assistance concerning a few issues. As we both know I’m in a rather oppressed state and very racial as well, so therefore please understand that the majority of prisoners locked up are “locked up” mental wise. Now my issues are concerning, 1st the grievance procedure: Once I file a very important grievance with one or two witness statements by other inmates that live around me, it either gets lost or comes back late every time stating “insufficient evidence” ten times out of ten. There has to be a next step to take.

Here is the last major grievance I filed. I’m in Highmax/Tier 3 program on 23 hour lockdown and two COs were serving dinner trays. These COs are two cells away from me when an inmate throws feces out on both officers. They yell at him and call him a nigger, yes the COs both are white and even give him a DR for his actions. The worst part was they continued to serve trays. Me and the man next door to me didn’t know what was going on until we got our trays, and then ol’ boy said hey don’t eat the trays I shit those bitches down! So I get on the door make noise to get the officers attention because I get served last, I was in the last cell and haven’t ate none of my tray. My next door neighbor say what! So anyways we did not eat that night and we both filed a grievance and statement for each other. Nothing happened!

40 something days later a counselor came to my door and said “insufficient evidence”! There’s cams everywhere in this prison so ol’ boy got a DR plus common sense he lived in the cell before me, I get fed last. Now I have not filed many grievances since I’ve been incarcerated and the ones I have filed always get overlooked, lost, or I don’t have enough evidence for it to be investigated. There has to be some next step to force these people to stop hiding what prisoners do complain about. We are in a double whammy here at this prison, one minute it’s you’re in the program, the next its you’re on Highmax, right now there is prisoners who don’t get yard call “fresh air” 1 hour a day.

I’ve been arbitrarily placed on the Tier II program without any justification other than it being a retaliatory action by GA dept of kkkorections. It seems now that my former cellmate was/is working for this prison administration and framed me by placing a pillow filled with contraband on my bed while the kkkorections emergency response team was escorting me to the showers for shakedown. His loose lips were overheard telling a prisoner that it was a good thing that I was out the way.

Anyway I appealed the write up and the warden/superintendent response stated “Ownership of the pillow and contraband was irrelevant.” Even after my former cellmate admitted that said pillow and cell phones belonged to him and wrote three “sworn statements” to prove his point. I don’t know where in Amerikkka such an action could take place other than Georgia, so now I’m on the tier program for a slime-retaliatory action by these prisoncrats and their slaves.

All I’ve done since I been at this kkkamp is to educate and give these slaves some positive for their minds and souls. Every ULK I got I passed it along, every Bayview I get I pass it along and wherever I can be of help in building a movement I’m there. Anyway I’ve filed 2 grievances. One for retaliation and one for false imprisonment which I’ve received no response from as to date (one was filed 3/28/2016 and the other 4/8/2016). My attorney is working on this situation but these actions stem from the prison strike of 2010, as they were doing the Tier II placement hearing. Lt Bivens stated or cited my participation in a disturbance Dec 31st 2010 which I never received a write up for and which free world charges were sought by the DOC and dismissed 2013. So it’s clear what this is all about. Anyway I’ve enclosed 10 stamps as a small donation to MIM and will contribute more when I can.

I’ve read some of your older newsletters. I’m currently stuck in the Tier II program. Upon me first entering the prison system I didn’t think they would even consider letting something such as the Tier program exist. I know for a fact that people on the outside treat animals better than we are being treated. I currently live in a one man cell that’s infested with spiders, molded vents and rusted sinks that we have to use for drinking water. My living conditions are the reason my attitude has become so angry at everything that moves. It’s a mind changing theory.

I’ve accomplished one of my short-term goals with the help of MIM(Prisons). I received your censorship pack on the situation that these pigs was holding my mail, from y’all and some of my family. Once I read the censorship pack I immediately put it in effect with grievances stating S.O.P. (Standard Operating Procedures) and case laws. Once the administration received my paperwork with the “example of proof and service,” that next day I received a bulk of mail from October and also Under Lock & Key issues.

Once that was successful, I gave my fellow comrades the game. Now I’m willing to see what else we can accomplish on this Tier II in order to make our time a little better. As I tell my fellow comrades, we need to educate ourselves to overcome our situation. With the structure of the United Front; principles of peace, UNITY, growth, internationalism, and independence. I’m still trying to learn so I will be able to lead correctly.

With this letter is a donation of 10 stamps. If I had more I’d give more, because I salute what MIM(Prisons) stands for. With that said our strive will continue. And the oppressor will not be able to mentally destroy any more.

P.S. Salute to the Black Panther Party 50 year commemoration. They paved the way!!

MIM(Prisons) responds: This comrade is providing an excellent example and leadership organizing against abuse and censorship in the Georgia Tier program. The state is trying to alienate people from each other, cause extreme psychological damage, and use it as a tool to repress any upliftment and organizing. But we do not have to lie down and just take it. As this comrade demonstrates, we can still come together to fight specific injustices, and use that work to build with others. We look forward to seeing this comrade’s work grow and contribute to the United Front for Peace in Prisons.

I am incarcerated at a prison in all ways like what is talked about in Under Lock & Key. I was given the Sept/Oct 2015 No 46 issue and the same things about the lack of medical attention, guards beating, tasing, and killing prisoners are taking place at my prison. This is genocide in a very obvious form. There are little to know classes to enroll and very hard to get into a class that helps you to parole so guys can get out of prison faster. Censorship is getting worse also. There is a control unit that keeps guys locked down for 9 months to 2 years called Tier 2 which is causing mental anguish and deterioration and mental health counselors are not helping at all. I am in this unit. They take all our hygiene items that are needed, depriving us of maintaining ourselves. We need help and your mag is a light in our eyes. I want to subscribe and get info on things that can help us and teach us how to stop these things.

[In December 2014 MIM(Prisons) received this petition against the Tier II program from two different comrades, with almost thirty signatures. Considering these prisoners are organizing in extreme conditions of isolation and sensory deprivation, that number of signatures is impressive. We publicize this petition as part of our overall struggle to shut down Control Units in prisons across the country.]

We the People petition

We the people (jointly and severally) come together to petition the government for a redress of grievance, pursuant to the Bill of Rights, “Amendment I” of the Constitution for the United States of America. Furthermore, we the people assert the rights set forth in “the Universal Declaration of Human Rights” (UDHR), adopted by the UN General Assembly on December 10, 1948. More specifically, we assert the rights set forth at Article 1-8, 18-22, 26 and 28 of the UDHR.

We the people now move to set forth the factual basis for this petition. Fact, on December 7, 2014, at approximately 10:45pm, a man [inmate] “died” inside of the J-1 dormitory (cell #124) at Smith State Prison. It is stated that the man/individual committed suicide. The examiner and/or coroner pronounced the man officially dead between 11:30pm and 1am.

We the people believe (with strong conviction) that the Tier II Program (behavior modification program) is the root and cause of the death. During our examination it has been determined that there are numerous “factors” that must be evaluated, and has been evaluated in reaching our conclusion that the tier II program is the “root and cause” of the “death.”

Factor #1: The Tier II program is a mind and behavior control program for prisoners, via long term deprivational isolation and segregation, which is a form of psychological, mental and emotional torture/suffering.

Factor #2: The Tier II program is intellectually, mentally and creatively stagnating. People/human-beings [prisoners] are prohibited from receiving any and all books, magazines, newspapers, novels, articles, etc. We are forbidden to read any and all books, magazines, newspapers, novels, articles, and all other forms of reading material [the only exception being a bible or Qur’an; either or, but not both; we may choose one or the other]. This prohibition on reading causes “stagnation” of the mind, which in turn, turns man back into what men were before civilization [barbarians, cavemen, and savages]. To not want people/human beings to read and or have access to divers reading materials is self evident that the goal of this program is not progressive and rehabilitating, but instead, by design it is regressive and debilitating. Reading is fundamental [fundamental to growth, improvement, learning, success and life itself, etc.] No one can put forth a logical explanation for prohibiting reading and forbidding reading. No one can provide evidence that prohibiting reading serves some good cause or rehabilitation. All evidence is contrary to that thesis/theory.

Factor #3: The Tier II program isolates and separates us from our families and loved ones. Most individuals/people placed on the program cannot receive visitation because of the way the program is designed. Most people cannot use the telephone because of how the program operates. For a vast majority of us, the “only way” to contact and or connect with our families or loved ones is the letters. We must write letters; we correspond through the mail back and forth. Mail correspondence is the only form of communication for the majority of us.

Factor #4: The Tier II program is a health hazard. The conditions of confinement are a violation of the 8th amendment (cruel and unusual punishment clause) of the Constitution for the United States of America. The food that is served is nutritionally inadequate. Everyone (all of us/all the people) that are on the Tier II program has and/or is losing weight. Some of us have lost a lot of weight, while other have only lost 10-15 pounds (since being on/in the Tier II program). But all of us are losing weight, and have lost weight. Also, the food that is served is often unclean and thus unhealthy. The milks are often spoiled. The “meat” is often raw or old (spoiled). The food in general is old (half of the time). The trays that the food is on are always filthy/nasty, as if they have not been washed. The filthy ways contaminate the food that is placed on them. We have no choice but to eat it or starve. (On phase 1 and 2 of the program we cannot purchase any food items from the commissary/store.) No clean water is passed out or given to us. We are forced to drink out of old, nasty sinks, with rusty spicket/faucet.

Sanitation: The showers are always filthy and disgusting. When I/we enter into the showers, often there is hair (shavings), urine, semen, (sometimes) blood, feces and other bodily filth. Cells have bugs, rats, roaches, ants, spiders, and other unknown species of insects or bugs. In the summer time the flies and gnats are overwhelming. We are only allowed to clean out the cells 1 time a week and sometimes 1 time a month. (But according to GDOC standard operating procedure cells are supposed to be clean at all times.)

Exercise (yard call/outdoor recreation): We are denied and or deprived the opportunity to go to outdoor recreation and exercise (which is a judicial-constitutional guarantee - for prisoners; see Spain v. Procunier, 600 F. 2d 1490 (9th Cir. 1984) and a plethora of other federal cases). Yet and still they deprive us of outside recreation/exercise for months and months at a time (case to case basis). Some of us are deprived for days, and some for months and/or years. The bottom line is, they deprive us of exercise. On phase 1 (of the Tier II program) we are not allowed to buy any hygiene from the commissary. We are prohibited form buying hygiene for months at a time. Yet, they take all our hygiene items. The list on conditions of confinement goes on and on, so for time sake we must proceed.

Factor #5: Many of us are put on the Tier II program without due process of law (procedural due process of law, as set forth by the Supreme Court on Wolff v. McDonnell, 418 U.S. 539, 563-655 (1974)). We were put on the Tier program without receiving written notice; we were not given a constitutional hearing; we were not allowed to call witnesses; we were not provided an opportunity to present documentary evidence or any other form of evidence; we were not provided an opportunity to be heard/to speak; we were not provided an “advocate” to assist us, or to put up a defense (of any kind) or to investigate (into the alleged matter); thus, no due process of law.

Factor #6: When we were put on the Tier II program, all of our property was confiscated illegally (confiscated without due process). Property that was taken include: all our CDs, CD players, headphones, earphones, all pictures and/or photos, all books, magazines, novels, articles, newspapers, and all other reading materials (except a bible or Qur’an), lotion, deodorant, soap, toothpaste, grease, toothbrush, hairbrush, nail clippers, comb, dental floss, soap dish, photo album, free world clothes (tshirts, socks), pajamas, wave cups, thermals, etc. All food items purchased from commissary, be it soups, honeybuns, buddy bars, chips, drinks, etc. The property/items they took/confiscated include the above mentioned things, but are not limited to those things/items. Other personal property was taken that is not on this list.

Factor #7: Some people are on the Tier II program for an indefinite period of time which could last many years. Others will remain on the Tier II program within the time line specified in the SOP (ITB09-0003), which is 9 months - 2 years.

Factor #8: Whenever we are taken out of the cells, we are mechanically restrained (handcuffed and/or shackled and/or waist chained) and escorted by two or more guards.

Factor #9: If there is an emergency, such as death in the family (or something of that nature), we are not allowed to attend the funeral or memorial services, because of the Tier II program.

Factor #10: Because of the Tier II program, we can not look at TV or listen to the radio. For some of us it has been over 22 months since we last seen TV, seen a movie, or even seen a commercial, or heard the radio.

Factor #11: Some of us, they will not let out the hole (segregation/isolation) even when we may have earned and received a certificate (and or receipt) stating “successfully completed the Tier II program.

Factor #12: We are deprived of almost any environmental or sensory stimuli and of almost all human contact.

Factor #13: The conditions of confinement are an “atypical and significant hardship” upon us.

Factor #14: The above mentioned deaths, is not the 1st death this year, that was caused by the Tier II program. Earlier this year (on or around February 12, 2014) in J-2 dormitory, cell #240. On 2/12/14, another man dead on the Tier II program. This man was killed by his roommate. Currently his real name is unknown but he was known as Sa-Brown. Sa-Brown was murdered, stabbed to death by his cell mate. We believe and/or it is believed that the Tier II program drove the man crazy/insane, then he murdered Sa-Brown.

Conclusion:

According to the Georgia Department of Corrections Standard Operating Procedures (SOP) II B09-0003, Section I, Policy (page 1) states: “This program is an offender management process and [supposedly] is not a punishment measure… The Tier II program is a behavior modification program.” The truth is - this offender management process/behavior modification program induces death (whether directly or indirectly). And we believe those that are responsible for the deaths are the creators, maintainer(s), operator(s), and manager(s) of the Tier II program; that would be: Brian Owens (GDOC commissioner) and Randy Tillman - the authors/creators; and Stanley Williams (Warden of Smith State Prison) and Eric Smokes (the unit manager of the Tier II program). These individuals (Owens, Tillman, Williams and Smokes) are responsible for the Tier II program and are responsible for the deaths (whether directly or indirectly).

The above mentioned factors are not the only relevant factors to be examined and evaluated in determining our conclusion. The above mentioned factors are included (in the examination and evaluation process), but are not limited to those factors (mentioned above). But for time sake, we will cease to elaborate on the numerous factors.

We the people call for an end to the Tier II program!

In December 2015 i forwarded you guys a letter in which i informed you all that i was battling my protracted Tier II segregation through litigation. My civil action cite is Nolley v. Nelson, et al, 5:15-CV-75-CAR. The case was filed in Macon division of the United States District Court for Middle District of Georgia circa March 2015. It can be accessed electronically at ecf.gamd.uscourts.gov.

The defendant prison officials, after the initial screening process, moved for dismissal on several grounds (see docket entry no. 22 in above referenced case). The court, however, in declining to dismiss my complaint, just recently issued an order condemning the Tier II practices as an overt violation of the cruel and unusual punishment clause of the Eighth Amendment to the United States Constitution (see docket entry no. 50, p. 29). And, judging from the court’s order, my case appears to be somewhat the “vanguard” case of cases attacking the Tier II program. I say this, chiefly, because the court did not cite circuit precedent in its assessment of my claims.

Of equal interest to the favorable court ruling is the court’s detailed layout of the general confinement conditions characteristic of the Tier II program. In any case, now that the court has explicitly held such conditions to be “unconstitutional.” I am seriously contemplating adding Governor Nathan Deal as a defendant party to my suit. I’m thinking i can base his liability on “endorsement of state-sponsored torture” theory. What was the basis of liability for California’s Governor in the Ashker v. Brown case?

It would seem as though the court’s condemnation of Tier II practices amounts to headway in our efforts to expose – and hopefully abolish – the unchecked, torturous treatment of Georgia prisoners. As always, i will be diligent to keep you updated.