Texas Prisons

Estelle Unit operates a “cite only” method of providing prisoners access to courts, requiring prisoners to submit “cite specific requests” to Access to Courts (ATC) officials in order to receive legal research materials. Courts have repeatedly ruled cite-only access fails to satisfy constitutional de minimis, explaining it is unreasonable to expect a doctor of jurispridence to request cites by note, let alone a pro se laypersyn prisoner.

Recently I was told by law library staff a case I cite-specifically requested didn’t exist. I called bullshit stating the Texas Criminal Practice Guide, John Boston’s and Dan Manville’s Prisoners’ Self-Help Litigation Manual, and Manville’s Prisoners’ Disciplinary Self-Help Litigation Manual don’t lie. I was then threatened with disciplinary action. I invited such, desiring the denial of access to courts be documented. The next day when admitted to the so-called law library I was confronted by the ATC Supervisor in possession of the case at issue, and all kinds of papers for me to sign, validating I had in fact received the cite in question.

The very same day the above phantom caselaw was produced, I requested another case by cite, and again told the case didn’t exist. I then set a trap. I have repeatedly trapped and caught ATC pigs claiming specifically-requested case citations did not exist which do indeed exist. Case in point: I requested a denial of access to courts case per the Estelle “cite only” method. I was told the case did not exist. I waited a short period, then requested the supposed nonexistent case be Shephardized, a method of cross-reference. At the next day’s so-called law library session the Shephardized lexis.com download was presented to me showing the case in question had been published in 1997. Priceless. Absolutely priceless. Dumb blank faces blinking back at me.

MIM(Prisons) responds: The oppressors will never give the oppressed the tools to overcome their oppression. This anecdote is an example of exactly why we believe we need to build a revolutionary movement to force the state to give up its power, so we can put an end to Amerikkka’s prison system!

I am writing to you to let you know how things are in Texas and their mistreatment of minorities and indigents in the criminal justice system. The right to an indictment is no longer a right anymore. If you are charged with a criminal offense and if you are indigent and a minority, you will be approached by an attorney outside the court room he will lie and say he is appointed by the court, even though statute states your right to an attorney under the 6 th amendment starts upon indictment in Texas unless waived. But these lawyers force you in trial court by producing a fabricated indictment that was not returned by any grand jury. And these judges and DA are sentencing you to their slave camps.

There is no way a person without funds can defend themselves these lawyers are paid by the court, even if you tell them you want to defend yourself the judges won’t even let you do that, they try to force you into a jury trial and the case isn’t capital, they have the jury already picked out you can’t win.

I was recently informed of your publication Under Lock & Key and would like to receive it. I would also like to receive your Texas Pack. For the second time I am aware of TDCJ employees who have used the excuse that uniform commercial code (UCC) is contraband to confiscate prisoners trust property of all kinds. Also, they commit theft of legal notes and commercial study materials and write disciplinary charges resulting in placement into medium and closed custody. Their actions are in violation of the First Amendment and in dishonor of court decisions:

Walter Jones v. Michigan DOC Patricia Caruso et al, 2007 Dist Ct Lexus 72469 Case No. 05-CV-72817-DT

Walter Jones Plaintiff Appelle v. Patricia Caruso et al Def. Appellant 569 F 3d 258 2009 U.S. app. Lexis 13371; 2009 Fed U.S. Ct of app 6 th Circ. No. 05-72817

The following case was from TDCJ Ellis Uni, therefore they are aware of their actions: Harry Kerley v W. Stephens, Civ No H-14 Case 4:14-CV-03491, 2015

From this list of what was taken from me I think you will agree there has been a violation. Step 1 and 2 grievances are useless, just as they were in the Kerly incident and many others. I believe we need a class action law suit. Can you provide information on this or perhaps some legal specialist contacts.

Per usual in these instances of theft the TDCJ officers are acting under “color of law” by using govt forms declaring the property taken as UCC related materials however they do not provide itemized lists of what exactly they have taken.

I got your pamphlet from the man who killed himself. I was his neighbor. When it happened he cried for help. In they walk by him like he was not there. For 2 days he cried tears. He cried saying help me! Help me! Sorry I had to get that off my chest.

My wife had to get a lawyer to deal with all the BS that’s been going on. I have a 6 year sentence. I’m not from TX. I’m from LA. My court appointed lawyer tricked me in to signing for time. He told me that I was signing for him to represent me. I had told him that I couldn’t see without my glasses. Then he said that. So I appealed it. They gave me a court appointed lawyer.

I been messed around by the TX system. They play by their own rules. But I like what you are saying.

I have been a subscriber to ULK and frequently writer to MIM(Prisons). On December 21, 2016 TDCJ moved me here to the Darrington Unit to attend the Southwestern Baptist Theological Seminary. Originally only 29 students were picked for this year for the class of 2021, me being among them. The Heart of Texas Foundation who bankroll the operation were angry so TDCJ quickly acted to fill up the class to 40 students. I was thoroughly vetted and had been attending class for over 3 weeks.

February 9, 2017 during class Dr. Phillips the person in charge of the Darrington extension, and assistant Warden Denheim pulled me out of class and said they felt I was “not ready for the program.” I asked them if it was due to my grades, behavioral or disciplinary problems. They said no. This is highly inappropriate and I have not been given due process. According to the application I signed I can be removed by TDCJ for disciplinary reasons after a disciplinary hearing or be removed by Southwestern after an appropriate review process. I asked them if this had to do with my case or recent media correspondence with reporters Mike Ward and Jonathan Tilove of the Austin American Statesman. They said no.

I was assaulted at Beto Unit in Oct of 2016 and was caused serious bodily injury resulting in being shipped to UTMB in Galveston by ambulance, a four hour ride. I had multiple facial and skull fractures. It is now February and I’ve been moved around to different units and my jaw is still broken and the solution is to put me on a diet so as I don’t have to chew.

I have been written up for refusing to work due to physical discomfort and pain as a result of the assault and broken jaw. I have been placed on restrictions and placed in segregation. Not to mention loss of rec time and line class. I feel that I have a good case against the state, I just don’t know where or how to start.

The state also “lost” and “accidentally” destroyed some of my property. I have written grievances on this and I’m waiting for a response. We are not allowed to send out stamps or stamped envelopes anymore so I understand if the help you can give me is limited. Any and all help is greatly appreciated. Thanks you for your time and consideration.

Frequently the Estelle living areas, recreation yards, dining rooms, etc. are inundated with a maloderous, gaseous vapor that causes a burning sensation of the throat and lungs, difficulty breathing, resulting in a persistent cough. I randomly polled 25 prisoners from the general population and it was unanimous – they all confirmed the noxious gas and resulting symptoms.

It is my intention to submit to the Texas Commission on Environmental Quality a joint letter from Estelle prisoners complaining of this environmental contamination. I have had some prior dealings with the TCEQ. They’re bullshit. But it is the place to start.

TCEQ is for some inexplicable reason not listed in the legal directory found in the prison so-called law library. I submitted a request to the unit Access to Courts (ATC) Supervisor requesting TCEQ’s address. Though answering this request was well within the ATC Supervisor’s responsibilites and duties, Estelle ATC directed me to contact TDCJ ATC central. Which I did to no avail! I also requested the address from the unit mailroom supervisor. I have yet to receive a response.

Conditions on Eastham are horrible. It’s very old and dirty. The pipe chases are infested with rats! They live in the hollow area of our toilets where they fight and breed all night! The black mold and dust in the pipe chase has also spawned a lot of upper-respiratory infections in prisoners here. There is absolutely NO oversight or accountability.

I throught it was bad where I was at on the expansion cell block Gib Lewis Unit. I am on a different unit (Michael) where they have 12 buildings that they use to single-house “offenders” that they segregate. I am here to partake in the new program for mental health that’s suppose to transition us from seg back to general population. But I’m STG (security threat group) and will still have to go to another program (GRAD) in order to get out of seg. What I’m saying is this: The way building 12 is set up, if you’re not a psych patient when you get here, it’ll sure test your mental stability.

For one the way it’s set up (built/designed) the pods, in order to get a pig’s attention you have to bang on the door and yell. It’s not me to do that. People do it but others just start fires or flood because these pigs are so lazy that even when you tell them something they just walk off and don’t do nothing. So it’ll really push your mentality. So many have already broken and I have to deal with it all! But I stay occupied by being practive and fighting back the right way. They have my body locked up. But they will never have my mind!!!

I would like to request a grievance petition for Texas. My experience with the grievance process, for the past 22 ½ years, is getting worse & more fraudulent in nature with systemic cover-ups of correction officer’s wrong doings. Especially when it comes to offenders personal property issues for theft claims. This units Polunsky Unit, which houses Death Row, is notorious for confiscating, destroy or stealing offenders property without just-cause or going through the proper administrative procedures.

The Grievance Coordinators: Linda S. Martin, Investigator III & Ashley L. Crawford, Investigator II routinely destroy filed grievances. Every grievance I’ve filed in the last 22 1/2 years, never have I been interviewed by a grievance investigator. Therefore concluding that no matter the allegation presented by an offender, their co-workers, the correctional officer, wrong doing will always go “unfounded”.