Nevada Prisons

I am writing to you from High Desert State Prison here in Indian Springs Nevada. I am hoping that you will send me my own issue of ULK to read, as well as copies of your grievance and food petitions for the state of Nevada. I have a list of about 35 people that are willing to fill out and mail out the above petitions.

The state of affairs here at HDSP is criminal!

The grievance system is only in place as a way to slow prisoners access to the courts, and attempt to dissuade us from redressing our issues.

The medical department at this prison is inadequate and failing to provide treatment for prisoners, some even have very serious conditions such as cancer, hepatitis C, etc. It is not unheard of for a prisoner to wait 6-8 months to be seen after they make known their conditions.

The food is served in the same space used to cut hair, play cards, work out, shower, etc. The portions are inadequate and far from balanced by any stretch of the word.

Prisoners are denied the proper time out of their cells (Administrative Regulation 801.05(2) state that “closed custody will receive a minimum of five hours a day of out-of-cell time, contingent on positive conduct”). On average the prisoners in my unit receive 13 hours per week of out of cell time. 22 hours short of the mandated time!

Mail is often mishandled, lost or given to the wrong prisoner, because lazy pigs refuse to do their jobs and check IDs and match information before handing over pieces of mail.

The pigs often just slide mail under cell doors at 2am, causing prisoners’ family addresses, pictures and vital information to be disseminated.

The issues far outweigh anything positive that HDSP may attempt to provide us. I have teamed with my current cellmate to file as many colorable claims against the NDOC/HDSP as we’re able to, but two against hundreds is a hard fight.

The support of MIM(Prisons) in our fight through providing us with tools such as ULK and sample petitions, books, etc. is invaluable!

I want to start to organize comrades here at HDSP and welcome your help in doing so properly. Please send me any resources you have that my help.

I have served nearly 25 years prison/jail time in the United States. In fact, all but a small portion of my adult life has been spent behind bars. My California tour includes Chino, Soledad, Solano, Calipatria and Donovan. In Nevada: Southern Desert, Lovelock, Ely and, yes, Hight Desert State Prison (HDSP). As you can probably imagine, violence and drugs are common fare in most of these institutions. And while a few of these places were just plain filthy, others simply stagnate with the decay of deliberate indifference. I’ve done “hole-time” in all of them and certainly thought I’d seen it all.

Boy was I wrong.

Let me spell it out for you: B.M.U. (Behavioral Management Unit). Described by COs, Medical Staff and other institutional employees as the “Zombie Unit,” the “Weirdo Pod,” the “Freak Show,” the “Psych Ward,” and “Behavioral Mismanagement” and affectionately referred to by the prisoners as the “Beat-a-Motherfucker-Up” Unit at HDSP.

Absolutely and without a doubt, the worst of the worst. In the short time, 90 days, that I’ve been here within this restrictive unit I’ve witnessed unchecked violence, coercion, extortion, drug abuse, overdoses, 3 attempted suicides and “senior” officers feeding prisoners food which had fallen on the filthy unit floor before being placed on the serving trays and given to prisoners.

The most disturbing incident, by far, occurred on 24 December 2017, this past Christmas Eve, when an emotionally wrought prisoner, was locked in the shower for approximately 4 hours after stating to staff that he was having suicidal thoughts. During this time the prisoner was slamming his own head against the metal grating. I witnessed the COs laughing and encouraging the prisoner to bang his head harder and advising him to use the tiled wall at the back of the shower stating, “Bang it against the tiles, they’re harder.” By the time medical staff did arrive the prisoner was a bloody mess.

According to the HDSP BMU Manual: “The Behavior Modification Unit (BMU) will house inmates who have been housed in segregation for 90 days or longer, to assist in the reintegration into a lower custody level.”

How I ended up here isn’t much of a mystery. About 4 weeks after arriving at HDSP, while I was still in the “Fish Tank” I made the mistake of telling the case worker that I was appealing my jury conviction and needed request forms for the law library. At which point I was advised that I was being “sent to BMU.” From that moment on, all access to the legal materials I require for my case have been denied despite numerous verbal and written grievances. In fact I spent the first 9 weeks in BMU confined in my cell without so much as a book to read. My only contact with the administration was the initial interview with the token mental health worker who advised me that “this rehabilitation program is the warden’s baby.”

Well, I’m here to tell you that as a person who struggles with PTSD, the constant and continuous confinement to a cell without any mental stimulation whatsoever can be devastating to an person’s mental health and psyche. While confined in this unit I have experienced an increase in PTSD symptoms, ten times the frequency that is usual for me. Furthermore, I found it extremely unsettling that after completing the program, as a “graduation present,” I was escorted into a small room filled with BMU staff members where I was threatened, berated, belittled and finally told to just “Get the Fuck Out.”

I’m not sure what to expect next. The lack of access and communication with the outside, the restricted closed custody level 4 housing, the refusal on the administration’s part to answer or address any grievance combined with limited family contact by phone has reduced me to an uncertain, fearful, panicky, hopeless, helpless mess. And, by the way, I have absolutely zero disciplinary history. Not a single “write up” for anything.

Fortunately another prisoner gave me your Under Lock & Key pamphlet. Hopefully you can get the word out on this de-habilitation program and the warden’s dirty little secret.

MIM(Prisons) responds: These dangerous and abusive conditions at HDSP expose the Amerikan prison system for its complete lack of rehabilitation. If the criminal injustice system really believed that prisons are an effective tool to prevent crime, it would not put people in conditions that make their survival on the streets nearly impossible. It would be offering programs to help people learn and change their behavior, and prepare them for life outside. This is just one of the reasons we see the Amerikan criminal injustice system as primarily a tool of social control.

High Desert State Prison (HDSP), the largest prison in Nevada, housing some 3,500 inmates, has been on total lockdown for 4 days, and will remain so for at least two more weeks. This means that we will receive no yard, tier, phone, canteen, or access to any reading material.

Why is HDSP on lockdown? Because in a single week there was two “staff” assaults, and at least 8 fights.

But the pigs are doing nothing to investigate the cause of the violence. For example, that the temperature of the cells was reaching at least 90 degrees. While we have no cold water to drink, and are forced to be housed with individuals we do not get along with for up to 21 hours a day. And there is nothing for us to do: no programs, work, games, etc. We are literally trapped in cages like animals.

So how does HDSP deal with the violence? They enhance the inhumane and deplorable conditions by locking us down. Most of us do not have televisions, and with no access to any library we sit in a cell and twiddle our thumbs.

Violence and anger can only be expected as a result of such conditions. However, comrades, we must recognize that we do not win when we direct this anger and frustration towards each other.

Our focus must be on targeting the administrative policies which are responsible for our current state of existence. There is already a grievance campaign underway challenging OP516, the level system. And comrades from the United Struggle from Within in Nevada just started a new grievance campaign in regards to AR801.

AR801 is a programs AR that states that Ad-Seg is to receive a minimum of 3 hours out of their cell, and closed custody inmates are to get a minimum of 5 hours out of their cells per day. This same AR lists a ton of programs which are approved by the Nevada Department of Corrections (NDOC).

The bottom line comrades, HDSP under Warden Williams has failed to implement any rehabilitative programs. The violence, anger and frustration is his and his administration’s fault.

We must heed the USW call for peace and unity and challenge the administration’s policies. We need all of you to file grievances challenging these policies. But even more important, we need you to have your family and friends to call the office of the director and ask why HDSP prisoners are being denied all access to rehabilitative programs, school, and work. Have them call 702-486-9938 and complain.

Until then, comrades, do not allow your anger and frustrations with the pigs to be misdirected toward one another.

MIM(Prisons) responds: The United Struggle from Within comrades in Nevada are doing solid work organizing and educating folks in that state. They have set a good example of initiating targeted campaigns that could improve the lives of many prisoners. This is a good way to get folks participating in the struggle in a concrete way. But we must remember to tie these battles to the broader struggle against the criminal injustice system, and imperialism.

If we don’t make these connections, we are misleading people, letting them think that these campaigns alone are all that is needed to change the system. And we know that’s not true! We know the injustice system won’t be reformed into a system of justice. It is rotten to the core because it is serving imperialism, which exists off the oppression and exploitation of entire nations of people. The wealth and power of the imperialists and even the “middle classes” is not something those folks will give up without a fight.

Let’s follow the example of the Nevada USW comrades, and build important campaigns relevant to each prison and state. And always keep our work in the context of the anti-imperialist struggle.

The Nevada Council for the United Struggle from Within (USW) is putting the call out for prisoners at High Desert State Prison (HDSP) to end all the hostilities, and to join together in the ongoing grievance campaign and ultimately the mass 1983 civil complaint campaign, that is now underway at HDSP.

The conditions of confinement at HDSP must be challenged. Over the years, our constant infighting has distracted us while our conditions of confinement have gotten progressively worse. We are now faced with a situation where we remain confined to our cells up to 22-24 hours a day, are not given proper cleaning supplies, are denied the use of our toilets, are housed with those who should be being treated for their mental illnesses rather than being overly medicated, etc.

This campaign has already begun, with many individuals having filed grievances, while the final stage of filing a civil complaint is already under way. Our main focus is and must be the lack of programs, education, and work abilities which deny prisoners housed at HDSP the credits which shorten their sentences.

We are in the position that we are in because our national groups have failed to be properly mobilized around an internationalist class consciousness. We have focused on individualistic issues. We as prisoners have allowed this to happen to ourselves. With each new restriction imposed, no action or protest was organized. We are as much to blame as anyone else. Without organized opposition, the administrators have reached new heights of repression and disregard of our needs.

But the United Struggle from Within Nevada Council has taken steps to organize this grievance campaign. We are calling on all nations within the walls of HDSP; PC, GP or otherwise, put aside your differences and conflicts. We are not enemies. We are allies, and share a common interest in fighting back against what we are faced with every day.

So, we are putting out the call. Let’s stop all hostilities and join together in raising our voices as one and demanding that we be treated as humans.

Comrades within the USW in Nevada have already united with a few nations in this struggle. There are already over 30 grievances filed! Change will occur, but only if each of us do our part to fight back.

To aid you in this struggle, we have compiled examples of the grievances that have been filed. The examples cover all three grievance levels. We are also writing up an example civil complaint, which can be utilized to challenge the NDOC in court.

If you want change, fight for it. Join our campaign. Stop all hostilities, and pick up the pen!

MIM(Prisons) adds: Nevada was where the first September 9 Day of Peace and Solidarity originated in 2012. It’s good to see comrades in Nevada keeping it moving. Any prisoners of the state of Nevada can write us for a copy of the example grievances.

The USW-NV study group spent much time discussing the topic of gender, sexuality, and what our position on it must be. This discussion came about because a comrade heard SCO Franco and another officer discussing two trans women that live in another pod. SCO Franco, with a number of racial and homophobic slurs, stated that he was looking for a reason to write them up because “no fag would be on my tier prostituting themselves unless I am getting something.” These pigs were making a big joke out of it. This comrade spoke up, and as a consequence his cell was searched, and he lost some items.

We have determined, through our discussions, that gender is more than simply genetic. It is not a matter of choice, nor can one be “cured” of homosexuality. We are born who we are, and any person or institution that challenges this must be struggled against.

Based upon this and many other discussions, we have reached out to the LGBTQ community both within the Nevada DOC, and the greater community, in an attempt to build solidarity, and show them that they are not alone.

The LGBTQ community, especially within prison, is a very preyed-upon community. Inmates avoid them, assault them, or simply exploit them, while the pigs ignore them. Within prisons, members of the LGBTQ community have lost any identity, and instead have become “them,” “fags,” or “MOs.” This is unacceptable. As such, we have taken an active role in promoting a call for the organization of the LGBTQ community into statewide groups. This call was put out by a great LGBTQ group called Black and Pink.

We have aided in the formation of a NV LGBTQ group, have and will continue to associate with them openly to show our solidarity, and will, if the need arises, defend this group or its members, in whatever ways needed. Be it from the pigs, or other inmates.

We call on all to follow, stand up against all forms of oppression, exploitation and hatred. Contact Black and Pink and show your support, and reach out to the LGBTQ community at your prison. Stand with them, help them organize, and join our United Struggle from Within.

Black and Pink is an LGBTQ organization that publishes a monthly newsletter, and helps those members of the LGBTQ community who are incarcerated. The NV-USW has reached out to them in hopes of starting an open chain of communication. We have not heard back as of yet, but please contact them and call on them to join the United Struggle from Within. You can contact them at Black and Pink National Office, 614 Columbia Rd, Dorchester, MA 02125

Over the past few months the United Struggle from Within - Nevada, has been hard at work, alongside groups such as the Reetboys and PLF/MISM, in a show of prisoner unity, building up a grievance campaign. Together, these groups, with their different ideologies, continue to lead a struggle for unity and peace within the NDOC.

We have had great success, and we now see open dialogue between and among groups which had previously been at odds with one another. This unity is coming in despite of our language, national, religious, philosophical, and/or ideological differences.

The USW-Nevada, alongside the PLF/MISM, Reetboys, and others, are now calling on prisoners at High Desert State Prison (HDSP), be you in general population or protective segregation, to stop the hatred and join in our current and ongoing struggle against the level system as it is employed at HDSP. Especially as it relates to the lack of programs, the inability to earn good time/work time credits, get parole, or be released. Prisoners housed at HDSP are being denied the very same opportunities given to every other prisoner at every other prison within the NDOC.

The grievance campaign has been ongoing, and over the past 2 months we have seen some 100+ prisoners file grievances on this issue. The response we have received has shown the attitude of the HDSP authorities. Namely that education, programs, and work are a privilege, not a right. This is being said despite the mission statement of director James Dzurenda, which states the following:

“The Nevada Department of Corrections will improve public safety by ensuring a safe and humane environment that incorporates proven rehabilitation initiatives that prepare individuals for successful reintegration into our communities.

“Vision – reduce victimization and recidivism by providing offenders with incentive for self-improvement and the tools to effect change.

“Philosophy – we will pursue our mission with integrity, act in a professional and ethical manner, be responsible for our actions, and raise the department to the highest standards.

“Goals – operate the department according to the best practices. Ensure the best use of department resources, educate stakeholders and customers, improve communication.”

The actions being taken at HDSP, where the overwhelming majority of prisoners are denied work credits, programs, and any advancement within the level system itself, are contrary to this mission statement, the best interest of society overall, and the welfare of the inmates housed here.

Every day that we allow this to continue is another day that we will be forced to stay in prison. HDSP is denying us work time credits, which costs us 5 days a month, as well as education, which costs us 120 days for a GED, and 120 days for a high school diploma. While every other prisoner in any other prison within the NDOC earns these days, we at HDSP must do more of our sentences. For example, if you have a 12-48 month sentence, you will get out in approximately 912 days by working and getting both your GED and high school diploma. However, at HDSP, even if you do not receive a single notice of charges, the same prisoner would be forced to do every single day of that 4 years. Meaning the same inmate is required to do 548 more days on his sentence for simply being housed at HDSP. This number increases when you consider the days that can be earned by completing programs not available to prisoners at HDSP. Think about this number!

The United Front for Peace in Prisons (UFPP), a movement underway in Nevada, alongside the United Struggle from Within, the PLF/MISM, Reetboys, and many national groups have joined together in a single voice to call for unity, and an end to prisoner-on-prisoner violence, and to join together in a struggle for change. Join this struggle for change.

The grievance campaign will continue into a civil complaint. We will attempt to get it certified as a class action filed on behalf of all inmates, but in order to do this we need every inmate to file the grievances, and then file the individual 1983 Civil Complaint. Towards this goal, we are including examples for each level of the grievance process, and will make available to all who have completed the grievance process an example 1983 Civil Complaint.

We have not only completed the grievances, but letters have been sent to the director and the warden of HDSP. We have also been able to, via a whistle blower, get our hands on OP516, which describes the level system, but is marked “no inmate access.” We will make this available as well.

We will end this here, but before we do we would like to say that in order for change to occur we must stand up and fight together for that change. The reason that things have gotten as bad as they have is due to cowardice. We have become so individualized that we covet what little we have, and fear retaliation. When is enough enough? Let us build up a voice and fight, as a single, unified body, for what is just!

Contact USW-Nevada through MIM(Prisons), for more information about prisoner issues and the continued struggle: MIM(Prisons), PO Box 40799, San Francisco, CA 94140.

AR740 and the Grievance Process

Nevada has implemented an unconstitutional grievance process. This grievance process is outlined in AR740. It states that an inmate may file no more than a single grievance in a single week, and that no more than a single grievance issue may be raised in a single grievance. This, of course, is unconstitutional, and should be challenged. But we are still required by law to adhere to the grievance process, no matter how unconstitutional it is, if we want to get to court.

We know that many prisoners have trouble with the grievance process. We will go over the basic process here so that you will know exactly what to do.

Step one – Start to write kites to your caseworker, unit SCO, and every job position, requesting placement in work, or to join programs. Save these responses, and a copy of the original request to show proof.

Step two – Get an informal grievance from your floor officer, be he/she a porter or a bubble office. Also get at least a grievance continuation form. Fill out the grievance using the example given herein.

Step three – Fill out your name, cell number, institution, etc. and then sign and date the grievance. This should be done first so you don’t forget. The same needs to be done for the grievance continuation form. Leave the grievance number area blank.

Step four – Using your own words, write your grievance.

Step five – Tear off and keep the last page of the grievance and grievance continuation forms.

Step six – Put the remaining pages, folded together, in the grievance box.

Keep track of your days. They have 45 days to answer your informal grievance. If you have not received a response on day 45, proceed to your first level grievance.

When filing your first and second level grievances, follow the same instructions as above, but attach the copies of the grievance, and any responses you have, with the grievances.

It is important to proceed through all 3 grievance levels. You have 45 days for the informal, 45 days for the first level, and 60 days for the second level. Make sure you keep a copy of every kite, grievance, etc., you have. You want to build up as much evidence as possible, so always have your unit officer sign your kites, and keep a copy. Every week you should send out as many kites as possible requesting job placement or program participation.

Grievance Example

I am grieving the application of the level system as it is employed at HDSP as it relates to programs, work, and educational opportunities. This grievance is based on my due process and equal protection rights based on the future of HDSP to offer me any ability to earn good time/work time credits which is available to all prisoners within the NDOC but those housed at HDSP.

Why is HDSP denying me any ability to program when Director Dzurenda has specified in his mission statement that: “The Nevada Department of Corrections will improve public safety by ensuring a safe and humane environment that incorporates proven rehabilitation initiatives that prepare individuals for successful reintegration into our communities.” The mission statement then goes on to say the vision is to “reduce victimization and recidivism by providing offenders with incentive for self-improvement and the tools to effect change.”

None of this mission statement is being applied at HDSP. In fact the level system denies prisoners any ability to program, educate ourselves, work, or any other means by which we may better ourselves, which, as stated by Director Dzurenda, is the goal of NDOC. Furthermore, not only are you endangering society by failing to offer rehabilitative programs to the 3,500 prisoners at HDSP, you are denying me due process and equal protection.

Every other prisoner, on every other yard, irregardless of level, is given the opportunity, even encouraged, to participate in programs. Meaning a prisoner serving a 12-48 month sentence on any yard other than HDSP, who works and programs, which is available to every prisoner, will do approximately 912 days of the 1460 days sentenced. The very same prisoner, housed at HDSP, receiving no writeups his entire sentence, will be forced to do the entire 1460 days. Meaning, HDSP is making prisoners do 548 more days on a 12-48 month sentence for no other reason than he is at HDSP. This is an unconstitutional violation of my right to due process and equal protection because any other prisoner, with my exact sentence, will be released earlier than I will, for no other reason that I, being housed at HDSP, am being denied the same access to programs available to prisoners on every other yard within the NDOC.

How can the NDOC justify telling prisoners who are begging for rehabilitative treatment that they do not deserve treatment, that this is a privilege, not a right? The warden and caseworkers at HDSP are refusing to help prisoners better themselves and are thus directly responsible for the recidivism rate, violence and crime that occurs at HDSP.

Why does HDSP see fit to deny drug addicts or sex offenders treatment? How will the community react when they find out HDSP is refusing to treat its prisoners, who are begging for treatment, and then releasing these people back into their community?

The fact is that HDSP houses approximately 3600 prisoners but work, education and rehabilitative programs, are available to only approximately 470 prisoners. That leaves 3130 inmates without any access to work, education, or rehabilitative programs. Which in turn means that I, and these 3130 prisoners, are being denied access to the very programs offered to every other prisoner within the NDOC.

Remedy Sought

1. I want HDSP to offer rehabilitation programs to all 3600 inmates at HDSP.
   
2. I want HDSP to review the mission statement of Director Dzurenda, and act accordingly.
   
3. I want HDSP to stop punishing me and other prisoners for simply being at HDSP, and recalculate my days to include the 5 days a month due to the lack of work/programs at HDSP.
   
4. I want HDSP to employ active, proven rehabilitation programs as a means/requirement for advancement within the level system, and not as a privilege.
   

For the remaining answers, on levels I and II of the grievance process, utilize this example, but formulate your response based on their responses to your grievances. Do not become disheartened by the denials. They will fight us on this.

Some further ideas for grievances

1. The lack of proper hygiene supplies. 1 roll of toilet paper and 2 bars of soap a week is not sufficient. Furthermore, every other prison makes soap readily available, with 2 rolls of toilet paper.
2. No cleaning supplies, and lack of time to clean cells.
3. Toilet timers. No other prison requires inmates so long between flushes, especially when locked down in a cell, with another inmate, 22 hours a day.
4. The grievance process. The new requirement of 1 grievance a week is unconstitutional and forces us to choose what issues to address. It thus directly effects our ability to access to the court.
5. Supervisor Graham, and the law library. Supervisor Graham routinely denies access to the courts by refusing to make legal copies, confiscating legal work, and has written at least one false notice of charges.

If you know of, or can think of more issues, please feel free to contact the USW and let us know.

I am writing to update you on comrades’ struggles against the Nevada Department of Corrections (NDOC) grievance process. I have been fighting against the inmate grievance process as employed by the NDOC for over a year now. Last week, the caseworker came to my door and informed me that all of my grievances had been rejected as improper grievances due to a new Administrative Regulation (AR740) regarding grievances, which among other things states that:

1. Inmates cannot state more than one claim per grievance,
2. Inmates may file no more than a single grievance in any 7 day period,
3. Those who violate these rules will face disciplinary action.

On this date, the case worker had over 300 grievances which were denied as improper. The NDOC has implemented this revised AR740 to circumvent inmate grievances so that they do not have to address our concerns.

I, and others, will of course, continue our struggle against the NDOC grievance process. If you or anyone else has any ideas on a path we should take to get this issue to court, I would appreciate it.

MIM(Prisons) responds: We do have a Nevada grievance petition for use by prisoners to fight the violation of First Amendment rights based on the AR740 rules. We will need someone from Nevada to volunteer to re-write this petition to cite the updated rules. But the bigger problem is that these rules were changed to essentially limit the ability of prisoners to file grievances, which of course is required if we’re going to demand these grievances be addressed. This sounds like a case that needs to be taken to court, and perhaps would interest one of the legal advocacy organizations in Nevada. Short of that we are stuck fighting within their (arbitrary) rules.

This regulation change underscores our message that we’re not going to beat the criminal injustice system at their own game. We can sometimes use their own rules and laws to gain small victories, but in the end the courts and prisons are set up to perpetuate the injustice system. We can only win by organizing independent institutions and dismantling this system.

Write to us for a copy of the old Nevada grievance petition if you can help update it based on these new regulations.

The Nevada DOC at Ely State Prison (ESP) is currently making changes. ESP is NV. Max. We are locked down 24 hours a day (23, but no one goes to the box they call a yard). It has been this way for years. In the past 6 months it has changed.

Unit 5 is now open. They get access to the big yard, store, and microwaves. Unit 6 is open, with the tier being opened up 9 rooms (both top and bottom) at a time. Unit 7, well units 7 and 8 are still locked down all day. We have porters who clean, but 7 s supposed to open up soon, wichin a couple months, with 4 cells being allowed on the tier at a time.

So ESP, which has been a total lockdown yard since the late 90s, is finally opening up again.

I am writing to inform you of the most recent form of retaliation. As I have written in the past, I have been fighting the Nevada Department of Corrections (NDOC) over a number of issues. Two issues are now in the courts, but one deals specifically with the racist, homophobic, sexist and all around disrespectful actions of two pigs here at Ely State Priosn (ESP). SCO Mullins, and CO Wheeler. In February these officers searched my cell for four hours. They broke all my appliances, tore and threw away almost all of my books and other materials relating to communist thought. They have repeatedly gotten on my intercom and talked down to me, have called me a “commie pig,” a “red”, and nicknamed me “USSR.” I doubt they know what communist thought is, more their ignorance allows them to utilize it as a tool of harassment.

ESP started allowing porters on 1 October 2016, the first since 2003 I believe. (ESP is locked down). Well my cellie and I got the porter job. We worked for 17 days. The first time we worked with SCO Mullins, we were fired and written up for making threats towards officers. Which did not happen.

My cellie and I were moved from our cell, but to another room in the same unit! Despite our many claims of harassment. All the harassment has been a direct result of our fighting the NDOC in relation to its use of racial segregation in housing, its use of the paging system for the law library, and the grievance process.

As a result of these false allegations, my cellie and I are now removed from the transfer list. I am looking at up to two years in the hole. My cellie will lose up to 3 years of good time (I have life without) so he will have to do 10 more years, instead of 7 more, and neither of us may ever be able to leave ESP.

This officer thinks he has won. However, all he has done is strengthened my resolve to fight harder. I would appreciate any information regarding case law dealing with retaliation that you or incarcerated comrades may have.

MIM(Prisons) responds: We applaud this writer’s resolve to continue the fight in the face of very real consequences to eir work. Additional years in prison and long-term isolation are serious outcomes that will cause many to give up the fight. Even more, this comrade is doing the right thing by writing about eir experiences to expose the injustice, and reaching out to others for support and help. This sort of oppression can be an opportunity to organize and educate others. But the resulting isolation of course means limited ability to organize people. We invite our readers to share suggestions for this comrade.

On 20 and 22 January 2016 I was sexually harassed by a male correctional officer. On the 20th we were on lockdown because of a fight. Right before the correctional officer was to go home for the night he came over my intercom and clowning my celly, but while laughing said “don’t let me catch [X] with his boxers on backwards and [X] laying on his belly while you’re (my celly) on top of him.” After he went home I told my celly I felt uncomfortable as did he. After we came off of lockdown the same correctional officer called me to the bubble twice. First time he said [X] (me) that he was going to dog my celly (clown him), I told him no and walked away. The second time he called me to the bubble yet again saying “[X] ya should take your celly down through there sexually show him what it’s like.” I told the Correctional Officer he should not talk to me like that I’m not here to catch a PREA case. This officer knows that I’m a homosexual because it’s in the computer my alternative lifestyle. My celly is Black, the officer is Black and I’m white.

On January 23rd I talked to Sargent Thompson and told her everything that happened and that I was afraid for my safety for telling on an officer, because he’s going to find out if not through staff through prisoners. I also see Lieutenant McKeean told him the same thing. He asked my celly why he didn’t write a grievance on him, my celly said he didn’t want any problems. Come to find out my celly’s uncle used to work here and his uncle is good friends with the officer. The correctional officer is Guice.

On January 29 I refused to lockdown for fear of my safety. Correctional officer Houck said Lieutenant McKeean said I wasn’t going to get a bed move. So I told officer Houck I refused to lock down for my safety, as caseworker Faliszek told me I had a right to do. So Officer Houck handcuffed me and put me in the shower and locked the shower. Sargent Thompson came to the unit told me I’m not getting a bed move and told officer Houck to put me back in my cell. I told her this is bullshit, I’m afraid for my safety with everything going on with retaliation and all the sexual crap he’s saying. She wouldn’t hear any of it. Office Houck took me out of the shower while handcuffed with the gun drawn on me took me back to my cell, while telling me no one’s going to believe you because you’re a prisoner no one believes an inmate because you’re all liars. Officer Houck said he doesn’t believe me because he knows Officer Guice personally and knows he will never sexually harass anyone.

On 12 February 2016 my celly put his shoes on after the health and welfare count and then told me I had two options: 1. come down push the button tell the officer you’re going to commit suicide, or 2. he’s going to kick my ass. I told him why I had to do that he said which one was I going to pick. So I came down off my bed and pushed the button and told the officer that I was in fear of my life because I wanted to commit suicide, the officer in the bubble told me no and to wait til morning to talk to the nurse. This pissed off my celly so he tackled me like a football player. I fell and hit my head on the door he began to slap me several times in the face and then he stomped me with his feet in the face and neck. After he was done I kept hitting the call button, but the officer never answered the button. In the morning I went to chow I stepped out of line and told the officer I was in fear of my safety. He seen my face and asked what happened. I didn’t say anything. The Officer Turner said me and my celly were having problems last night, Lieutenant Potter asked if my celly did that to my face and neck. I didn’t answer and looked away. They knew it happened so they took me to medical then to the hole with a notice of charges for assault.

Most of the grievances I filed on sexual harassment and retaliation were locked by Associate Wardens. I then refiled in February 2016, they finally went through and went to the I.G. office and PREA. I finally saw the PREA investigator Steve LeMara on 9 June 2016 he said he believed me on everything.

I’m still missing grievances that are in the last level sent kites to the Associate Warden, Caseworker Elmor and Berrett, and to head Caseworker Russell. Still have heard nothing.