New York Prisons

In 2006, a NY prisoner filed a §1983 civil rights lawsuit in the NY Western District Federal Court challenging the constitutionality of Prison Rule 105.12 and its application. Mitchell v. Goord, et al., 06-CV-6197. Prison Rule 105.12 is the so-called “gang rule” of DOCS, which is used more as a tool to punish prisoners for possessing written materials than to prevent organizational activities within an institution. The plaintiff had been placed in SHU three times for possessing written materials related to New Afrikan organizations on the outside he openly affiiliates with and deals with. He consistently argued he has a First Amendment right to correspond and associate with, be a member of, write for and about, and possess the literature of any outside organization he so chooses, so long as he doesn’t organize or attempt to organize a prison chapter of any such organization within a facility without approval.

Upon learning other NY prisoners were being punished for possessing written materials related to the New Afrikan organizations he’s a member of, namely the New Afrikan Maoist Party and its affiliates, and upon learning NY prisons were withholding, rejecting or trashing letters and literature form NAMP and its affiliates to NY prisoners, the plaintiff moved to have his lawsuit certified into a class action to protect the rights of those other prisoners and help them seek redress. The district court judge appointed counsel to investigate whether class action certification is appropriate.

It has been reported that NY prisons, like Southport, Auburn, Clinton and Great Meadow are withholding, trashing and rejecting letters and literature from NAMP and its affiliates to stifle their growing influence and support among NY prisoners. So, NY Prisoners who may have stopped corresponding and receiving literature from NAMP and its affiliates because of being punished for doing so, or because of fear of being punished, or who suddenly stopped hearing from NAMP and its affiliates; it’s asked that you complain about this directly to the attorneys appointed in the aforementioned case. Also send a copy to the Collective Legal Services and the district judge - all addresses are listed below. Make sure you state that you support the class action certification of Mitchell v. Goord, et al. And if you hope to recover a monetary reward for any punishment or mail tampering you need to file a grievance now.

Contact:
William G. Bauer, Esq. - Lead Attorney
Erin W. Smith, Esq. - Second
Woods Oviatt Gilman LLP
Two State Street
Rochester, NY 14614

Hon. Charles J. Siragusa - Presiding Judge
K.S. District Judge
100 State Street
Rochester, NY 14614

Collective Legal Services
PO Box 40799
San Francisco, CA 94140

by State Baby

Why must I act
A certain way?

Why must I speak
your vocabulary?

I refuse to follow
your made up unjust
Laws!

Meanwhile, my people
lay in project cubicles
called Public Housing -
infested with roaches
and rats.

As the blocks become
land mines with strong
weapons of Genocide
such as guns, drugs, and
misdirected Anger -
that speaks out loud,
danger.

But don’t worry
crime is down!

The police said on
the news they seized
1,000,000,000 dollars
in cocaine from the
street but, they said
6,000,000,000 was
lost.

Surrounded by
Indoctrinations

Whose gonna stand
up so the kids can
grow up right?

And whose gonna reach
the political captives
behind the wall with the
pen we can fight?

I will, we can,
and MIMs
will not stand any
more to be… Surrounded by Indoctrinations

I didn’t appeal the [censorship] due to the fact that I am short and this jail is known for playing set up games. I do ask if this can wait until I get out? I only have 6 or 7 months to go. They are on some other shit up here. I wrote a grievance at Upstate for opened legal mail while not in my presence. I went all the way to Albany with it. They told Albany that the legal mail didn’t have a written return address on it, so they opened it to see if it was in fact legal mail.

And it’s not only that but one day the doctors had to come in my cell to get me out because of my back. I went to the hospital that day. When I came back to the jail they put me in the infirmary. While I was in the infirmary 4 COs came in to my cell and asked me if I wrote a grievance dealing with legal mail. I said yes. They then asked me do I want to go home. I didn’t say anything. He then pulled out a jailhouse knife and a search report and said, “I found this in your pocket, do you know that you can get up to 3 years added to your sentence for some thing like this.” I told him that he knows that shit was not in my pocket. He then said, “I know, but that’s what my report is going to say, if you keep playing jailhouse lawyer.”

Monday I went back to my cell and when I got there the grievance was not in my cell, other things were gone to. I don’t have the grievances, but I do have the number. They called it “Receive legal mail late” to cover for the fact that my legal mail was opened outside my presence. Since then I have been locked up I have been jumped by the pigs two times. The 1st time I filed a grievance and IG came to see me and nothing was done. The CO then tried to get me fucked up by putting other people’s shit in my cell. I wrote a grievance and I got moved. The 2nd time I was put on the wall and my legs were kicked out from underneath me and I fell and they jumped on me. I fought back and got 1 year in the box, now I am here.

All of my life I have felt like this and couldn’t explain this to others and when I did try to, people looked at me, even to this day, as if I’m from outer space. They failed to understand what I was talking about as a Black male. Or they just simply didn’t care. My mother and father died from alcohol abuse, and they suffered from poverty in the low-class. But they still held on to the mirage of the American pie. Not knowing that this was something that was incapable of having until change was brought about. I am now 36 years old in prison and this is not my first time. Coming to prison out of frustration. Dealing with poverty and class labor. It feels very good to know that there are others who share the same views I do and I would love to be a part of this great movement.

MIM(Prisons) responds: We are very glad you have found us as well. It does make our struggle difficult in this country that most of the people have achieved the amerikan dream, while most of the rest still aspire to it. It is true that it is not achievable by the majority of the people of the world, and even a minority of the people in this country. It is this minority that we seek to unite and organize to join with the world majority to build a system where people do not die and suffer unnecessarily as your family did. We are sending you copies of our newsletter Under Lock & Key. If you are interested in studying Marxism-Leninism-Maoism in more depth you should think about joining one of our study groups or doing work such as contributing some of your political poems for print in our newsletter in exchange for literature.

Let me explain the situation here in Southport. They got regular cells and regular blocks, but not this one. This one is D-block, the most high profile are here, the worse of the worse, that what the crackers say. These are some crazy cells where out of your window nothing can be seen. This is like the basement of the $HU. The lights are kept on 16 hours a day. A real big light which causes pain in the eye. Out of the metal door there is a lil’ window which you only can see to the front and to the front there is nothing but a well.

The showers are Tuesdays & Fridays only and you get to shave and shower for 5 minutes. They put a brother like me right now in shower deprivation. That means no shower for over 30 days. The same with rec [recreation]. Over 30 days locked in this crazy cell eating a crazy bread loaf for breakfast, lunch and dinner.

They run into brothers’ cells here on a daily and they start taking non-important papers or cases we get from the law library that they say is gang stuff. They write you up and the cracker that conducts the hearing gives the person 2 or 3 years with loss of good time. The Sergeant don’t care here. Whatever the pig CO do he’s OK with it- here they all cracker protect each other’s dirty action.

There are video cameras here but when they want something out they just call Dep. Superintendent of Security (D$$) and you can bet it is out. There is no ventilation. They keep the back door open in winter. This is the nastiest place I’ve seen. This block got to be shut down. People here are sufferin and their mental state is not 100% for the simple fact that they are being tortured; most of the time mentally, but there is a lot of physical torture, not just here in this block, but through all the slave houses, especially A-block. That’s where everything happens, and the sad thing is they get away with it. Gov. Eliot Spitzer needs to take this place into consideration to be closed down.

Me dirijo respetuonamente a ustedes. Para dejarle saber lo que me esta pasando, y para que me ayuden. Tengo diez meses en SHU en Clinton CF. Tan pronto llegue comence a sufrir acosos sexuales y abusos por parte de los sargentos, oficiales, psiquiatra, consejero y el director medico y el superintendente, le escribí al Commisssioner Brian Fischer, Inspector General Anthony Annucci, Lucien J. Leclalle Jr. y a varias organizaciones y no hicieron nada por my. Y puse un grievance pero aqui no procesan los grievances.

El 7/7/07 el oficial J. Cross me acoso sexualmente mientras me bañaba en mi celda. Pero como no deje que me falte el respeto y lo denuncie tomo represalia conmigo. Primero me dejo cinco dias sin comida, y me boto todas las medicinas. Y el 7/8/07 le puso veneno o un liquido deconocido a los tres jugos que me das el medico. Me tome la mita de un jugo y pase el día vomitando y desde entoces tengo fuertes dolores de estómago.

El 7/9/07 me puse para el sick call, y le enseñe los jugos a la enfermera y a un sargento, y le escribí al departamento en Albany, y a V. Johason, Medical Director en Clinton Corr Fac.

El 8/1/07 una persona me vio respecto a los incidentes, y le dije que necesitaba un interprete, porque no habio ni entiendo el ingles correctamente, pero la persona me dijo que estaba bien y se fue de una vez.

El 8/9/07 recibí una carta del Commissioner Brian Fischer dejandome saber que el Superintendent Dale A. Artus, hizo una investigación de los incidentes, que a mi me hicieron una entrevista, y que mis alegeaciones son mentiras.

Aqui en SHU hay una camara en cada celda y graba lo que uno habla. Yo le estoy pidiendole al Commissioner y al Superintendent que cheque el video del 4/22/07 que me asaltaron en la yarda y el 8/4/07 que la enfermera me trae la medicina incompleta desde que llegue a Clinton CF, y el 6/22/07 que el oficial R. Perry me acoso sexualmente en el baño, y el 7/7/07 y el 7/8/07 que el Oficial J. Cross me acoso sexualmente y quiso envenenarme.

Pero esto cerdos criminales y corruptos no me dicen nada respecto a los videos porque saben que es verdad. Ademas yo tengo todos reportes de los incidentes y no se puede mentir con las camaras.

Tambien no me estan dando la recreación que es una hora diaria mandatoriamente ni el baño tres veces a la semana. Aqui en SHU no cogen lista para el baño pero cogen lista para la yarda. Pero sacan aquienes los cerdos quieren. Yo le digo al Commissioner que cheque el video, para ver si abren la puerta de mi celda cuando hacen el baño y la yarda pero no hace nada por mi.

Los Sargentos W. Bisso y N. Giambruno son los cerdos que permiten que los oficiales hagan lo que quieran. Un día no me dieron el baño ni la recreación porque la psiquiatra M. Smith le dijo al Sargento N. Giambruno.

Aqui en SHU no dan limpieza de celda ni revistas ni ponen deportes en la TV ni en la radio ni ponen programa ni musica en la TV ni en la radio. Ahoramismo no le estan dando comida ni baño ni recreación a algunos presos.

Los cerdos llevan a los presos a la clinica y le dan golpes en un cuardo sin camara y lo ponen desnude en un cuarto sin nada. Y en invierno abren la ventana del cuadro con la temperatura bajo cero. Y a algunos presos le inyectan droga en contra de su voluntad. Y lo bañan con aqua fria en invierno. Y le envian un libro de ley con páginas rotas y lo acusan que lo rompio para que la pague y no permitirle usar la biblioteca de ley más, y para que lo no luche contra todas clases de abusos inhumanos de parte de estos cerdos criminales.

Aqui, no procesan los grievances y el Superintendente Dale A. Artus es el primer cerdo corrupto y el Commissioner Brian Fischer no quiere hacer nada por mi ni quieren chequiar los videos. Que puedo hacer yo para que vean los videos, y me envien para otra prision, antes que me envenenen o me maten estos cerdos criminales.

Yo tengo una demanda en proceso por estos incidentes, pero como puede ver necesito que me ayuden, porque el Commissioner y el Superintendente no quieren ayudarme, y los grievances no lo procesan.

The lady in the mail room here has committed so many mail fraud violations she should be my neighbor.

I didn’t know anything about the package sent back to you, but I did receive about five MIM Notes and one MIM Theory on the 24th of July minus several pages, courtesy of media review. They said that the material excited rebellion, as if any rebellion isn’t a direct result of this systems abuse and oppression.

Around the same time I sent you my initial letter conveying my interest in your organization, I also wrote the SYDA Foundation, which is also based in Cali. It’s basically a yoga study course. Anyway, after my first lesson they began taking pages out of each lesson, which destroyed the lessons. After that I lost interest in the course.

Media Review is just another way for them to control population, they label almost everything gang related if they don’t understand it, and any group that is not on the commissioner’s approved list is unauthorized organization material, etc.

These people have little regard for our rights, as long as they can hide they harrassment behind the goose of “security reasons” and get away with it they will.

MIM responds: This report is more evidence that NY State Dept of Corrections is violating its own rules regarding censorship, not to mention the First Amendment of the Constitution of the United States. Despite the department’s stated purpose of, “encourag[ing] inmates to read publications from varied sources if such material does not encourage them to engage in behavior that might be disruptive to orderly facility operations,” it now appears that “varied sources” is often interpreted to mean a small selection of publications hand-picked by department officials.

There have been numerous reports of prisoners being charged with 105.12 violations for possessing materials from certain political groups, including MIM. We are currently working with comrades from the New Afrikan Maoist Party, who are leading the efforts to bring a class action suit against these violations of our First Amendment rights to communicate and affiliate with people thru prison walls.

Rule 105.12 doesn’t prevent NY prisoners from, writing about, writing for, possessing the literature of, corresponding and associating with, or being members of any outside organization, so long as the organization is not a gang and the prisoners don’t organize inmate chapters of it within the facility without approval. But due to incompetence, lack of training, and prejudice many staff members are applying Rule 105.12 to written materials related to outside organizations they’re not familiar with or don’t like or agree with. This tactic has been effective in scaring a number of potential comrades away from working with us, or even reading our literature.

Prisoners in NY can join and contribute to this case by writing affirmations attesting to the facts around this struggle. If you have faced a 105.12 charge or similar censorship it is even more important that you help out. Write us to request more information on the case and how to compose an affirmation. Readers on the outside will be able to get more information about this battle soon at www.prisoncensorship.info.

Quiero dejarle saber lo que me hacen aqui los oficiales. El 7/8/07 el oficial J. Cross le puso veneno o algo a los tres unsources que me dan el medico. Porque el mismo me lo dijo. Y ademas pase el dia vomitando y estoy enfermo desde ese dia. La enfermera hizo un reporte de este incidente. Y el 6/22/07 este oficial me boto todos mis medicinas. Y cuando trabaja no me dan comida, y le dice a los otros oficiales que no me den comida y no me dan comida. Y me tiene amenazado de muerte, y no puedo ir a la clinica a ver al medico porque me quieren golpearme los oficiales de la clinica porque el oficial J. Cross le dijo.

El 6/22/07 mi madre me mando unos libros y el oficial Bruce no quiere darmelo, aunque tengo los recibos de los libros. Aqui no me dan el baño ni la hora de la recreación que tiene que darme mandatoriamente.

Ademas, apagan las camaras de video, y me acusan de cosas que no hice, y me dan tigues. Ademas, aqui no me procesan los grievances. Los Sargentos W. Bisso y Giambruno son lo primero racistas y abusadores. Y el Superintende no hace nada por mi aunque le enseño las pruebas de los abuses de los oficiales contra mi.

Le escribí al Commissioner en Albany para que me ayude, y me saque de Clinton y no han hecho nada por mi tampoco. Ayudemen si pueden para salir de Clinton porque mi vida esta en peligro con los oficiales y los sargentos.

Let me explain what sensory deprivation is and how it is applied on prisoners in the SHU.

First, a prisoner is placed in extended isolation with no human contact, no natural light, no clock and no calendar.

While in isolation, the prisoner is interrupted by strange blaring sounds orchestrated by the corrections officer. This technique deprives the prisoner’s mind of contact with an outer world and thus forcing it in upon itself. This is called sensory deprivation.

After a short period of time, the prisoner will be reduced to a delusional state and easy to control, and many of them will lose their mind or their personality will disintegrate. Sensory deprivation may also result in extreme anxiety, hallucinations, bizarre thoughts, depression and antisocial behavior, as well as significant psychological disorders.

The CIA and the US military have been using this sensory deprivation technique since the early 1960’s. Active and reserve members of the U$ military who are also corrections officers, have brought these dirty U$ military psychological torture techniques to U$ prisons, specifically the “Security Housing Units” (SHU).

I am actively drawing attention to the links between the ghastly practices of dehumanization at Abu Ghraib and Guantanamo and their everyday application in prisons across the U$. I have been a target for retaliatory actions by Southport prison officials because of my pursuit of numerous federal civil action lawsuits and my political and religious views.

I am currently trying to notify as many media outlets as possible to get my strong voice and political views out to the public. I would appreciate your assistance in getting my voice out to the public.

Thank you for your time and consideration. Keep fighting the good fight.

Dear Mr. Goord, Mr. Malone, Governor Pataki, and Reverend Sharpton,

There is very serious problem going on here in Comstock Prison. On June 6, 2004, I was set up by Sergeant Brown and his gang, who took me into a strip frisk room and put some dope on me. They told me that I’m going down if I don’t go into the hearing and make a deal. On the day of the hearing, the hearing officer was already aware to make a compromise with me if I plead guilty. So I did and received four months but that is not the biggest issue.

The biggest issue is that they have me in a special housing unit (SHU) with claims of me being an Al Qaeda member. They are treating me like the prisoners in Abu Ghraib Prison. They gave me one old ripped up mattress, no bucket to receive hot water to wash up, no net bags, no boxes, no toilet paper, a dirty filthy cell with no kind of cleaning supplies. The toilet bowl is extremely filthy and most of the time they don’t feed me. They place empty trays on the gate so that on camera, it looks like they’re feeding me.

These are untrained, rude, racist and rebellious people who are decorating themselves in blue and green uniforms and saying that they are promoting democracy and justice. They say they’re watching over criminals. Let the records reflect that these prison guards are doing this wickedness to me on the order of their supervisor, whom I have a complaint on. They are doing this in retaliation. They know fully well that I am a Muslim and not any member of Al Qaeda but that is their excuse to cause me great harm and suffering. This is the same evil mentality that caused great harm to the people of Iraq. These are the same people who jumped on Malcolm X’s grandson. These are the same unruly, arrogant, outlaw, racist people who are Klansmen hiding behind government uniforms.

When they pass my cell, they burst out in laughter and make racial epithets. They also prevent me from writing to anyone to obtain relief. From this day on, I assure you that these guys who have decorated themselves in blue uniforms must stay away from me. I will go straight above these Rumsfields because they are the ones who are giving out orders. They know what is going on so I will go over their heads. I won’t write to them anymore. They never remedy any situation when it comes to prisoners.

I request a serious investigation into this serious matter.

Thank you in advance for your cooperation.