Texas Prisons

Well I wanted to give you guys an update. Since I receive your grievance packet 3 weeks ago I have started gathering up the Texas admin. codes that are the minimum requirements set for by the Texas commission on jail standards. Since the county jail I am being held in does not have a law library I have been writing to every library in the state of Texas and requesting chapter by chapter the codes. It has been a long endeavor but is paying off. Since I now have the rules that this jail must play by I can write my grievances with codes to go along with the complaints. Also I can pass the information on to others that are wanting to make a difference. Since I started two weeks ago I have been moved 4 times, and they tried to give me to false cases that have been dropped. It is nice to be able to see that yes hard work pays off even when everything is taken away or restriction. I will keep you updated as this battle continues.

I am writing to let you all know that at Eastham unit there are episodes of the K-2 epidemic. One person falls out we get locked down for 24 hours. Just one line. Its not in the rule book or disciplinary books, they lock you up for nothing, especially if you can’t snitch on someone.

A Lt beat me up last year, I wrote it up and my step 1 disappeared so I could not write a step 2. Also I sent my copies of everything to Huntsville, TX they sent my stuff back saying they don’t want any problems or complaints sent to them, when I got the paperwork back I was missing my medical report.

They wrote me an attempted assault on officer. When I got my time sheet they changed it to an assault on officer said it was the same thing, I still have the original case. I’m writing to ask for a Texas Pack. They took mine when they shook me down. My legal work was scattered all around and only my legal folder was gone through. I had my other papers in another folder. I get tired of retaliation and can’t do nothing about it.

Eastham is out of control, cussing us out all day long. We report it or write it up. Comes back with no proof and that we lie. The guards and rank work together.

We are not correcting bad or criminal behavior, we are not reforming lives or serving justice. We are struggling to get public attention drawn to this torture. I’ve witnessed a guard provoke a prisoner verbally, and taunt him until he had a reaction, which was then used as an excuse to assault the prisoner, claiming the prisoner acted aggressively. Implicit in nearly every interaction with the guards is the potential, the threat, of violence; every breath is a potential disciplinary infraction, or write-up. Many rules are either unknown or go unenforced, making for a milieu where a guard could enter, quite literally, any cell and find a reason to write up its inhabitant. If you have more than three books at any given time, it could be a write-up, or you put a picture of your family on or in your locker, or hang wet clothes up to dry. Almost anything can be considered non-dangerous contraband. Any guard has the power to keep a prisoners from seeing or talking to his family, a power frequently abused.

This kind of control is maddening. For the individuals who live under its influence; any refusal to comply with these instruments of violence – any lack of submission – can be met with a can of mace followed by beatings, while in restraints, and time in segregation. Meeting violent offenders with more violence, along with mental and physical torture is not an effective method of reform. It will only make the prisoners more fluent in the language of violence. And they are frequently angry, bitter and full of resentment.

I have filed grievances challenging this violation of the First Amendment and also the Eighth and Fourteenth Amendments due to these prisoncrats stripping me and others of all personal property, denying access to the law library or outside recreation, and deliberately abusing grievance procedure by refusing to process any grievance that is submitted. So we ask that eyes and ears be placed upon this place because there are those offenders ready to force these prisoncrats to remove us from these cruel and inhuman conditions.

These deplorable conditions create an environment that often feels helpless and insurmountable to the prisoners who live through it. We are being oppressed and controlled, mistreated and abused on a daily basis. Some offenders have no means of addressing these abuses – even the grievance procedure is hopelessly flawed, not permitting the offenders to grieve the conduct of the guards, or any procedure whatsoever. They recognize that they are being subjected to conditions that surpass more punishment for their crimes. The parole board isn’t actually there to help us obtain our freedom, it’s there to give the illusion that it is possible, so that we may be controlled. The few that are successful will emerge as scarred, changed men, living with the knowledge and pain of what they were forced to endure, and the daily suffering that continues by the people they left behind.

On May 28 of this year a fellow inmate as well as myself were brutally beaten in handcuffs and sprayed multiple times with chemical agents off of the camera by officers, sergeants, and a Lt on this Gib Lewis Unit in Woodville, TX. Here on this unit these beatings by officers are the norm for us inmates. Most of us have little to no family support to help us voice these cruel acts of injustice to the public. We are here for rehabilitation and transformation not to be beaten to the point of traumatization. We need the public to know that the real criminals are working amongst criminal and breaking laws, rules, etc on the daily and hiding behind their uniform and rank. Assist us in this struggle for justice.

I am hearing (deaf) / speech (mute from past strokes) / vision (blind in one eye and impaired in other eye) and W/C [bathroom] restricted/disabled. Texas Department of Criminal Justice (TDCJ) was refusing to turn the closed captioning on the televisions for me and other offenders who are deaf, hearing impaired, disabled, or hard of hearing.

Also, being given disciplinary case knowing I was deaf, violating my due process rights by not passing a note. No written communication of what was going on during the disciplinary process so-called “investigations.”

Now, thanks to Texas Civil Rights Project (TCRP), Mr. Brian R. McViverin and Ms. Barke Butler and three others, TDCJ is to have closed captioning feature on these dorm dayroom TVs from the time they are turned on to rack time. And any disciplinary cases I’m (or others of my type of hearing disabilities in accordance of the ADA) given, TDCJ must use special forms for me to read, answer, and sign/initial during the whole process. And anything spoken must be written down. If I see any lip movement and it is not written down, this becomes a violation of my Civil Action suit.

So, if you can, read this Civil Action No. 4:12-cv-02241 compromise and settlement agreement. Please let others know of this. I know I can not have been the only one that has had these problems with TDCJ.

MIM(Prisons) responds: This contributor shouldn’t have had to go through the trouble of filing a Civil Action Suit in order to be afforded what is already guaranteed to em from the Americans with Disabilities Act (ADA). We here at MIM(Prisons) are disgusted by the behavior of TDCJ, which we see reflected all across the country in various forms. In a society that isn’t run by profit and pigs, the courtesy of inclusion wouldn’t require all the runaround and paperwork.

My study group “Push it to the Limit” was infiltrated by the pigs’ designated imposters, molded with the motive and intent to cause confusion and disrupt positive progress. I’ve observed intently and gained an accumulated experience as I’ve re-organized and regarded this delicate “covert ops” incident and compared it with the same covert-ops strategies used against Power cells of individuals of collective units within the past histories.

I’ve researched material from the book “The FBI War on Tupak Shakur and Black Leaders” to re-evaluate and compare with. The “covert ops” move didn’t surprise me at all. I’m an “Organized General,” NOT a Rookie.

However, I’ve rebuilt my study group from scratch. I’ve been training my new members to “Push it to the Limit” study group that Power is essential for success in the accumulation of money, or in positive progress.

As a Jailhouse Lawyer/paralegal, I’m teaching that Power may be defined as “organized and intelligently directed knowledge.” We utilize “organized effort” to produce coordination of effort of two or more people, who work toward a definite end, in a spirit of harmony. Therefore, harmony is the key.

As inspired intellectuals in the making, “Coordination of knowledge and effort in a spirit of harmony between two or more people, for the attainment of a definite purpose.”

Now I’m evaluating my study group with persistence and intelligence and use discrimination in the selection of my “Master Mind” group, which shall cause my objectives to be halfway reached, even before we begin to recognize it.

Henry Ford said, “Men take on the Native and the habits and the power of thought of those with whom they associate in a spirit of sympathy and harmony.” This is hard work and that’s why it’s called a “struggle,” I guess.

Me and my new study group members have been changing policy and procedures here at this trashy ass Connally Unit. The pigs even gave me a clear opportunity to be transferred to a better unit as a settlement offer but I’ve refused such a cop out agreement.

I’m too pissed off to drop the issues as if they’ve never happened and I’m too real to leave my comrades who aren’t adequate in the law to deal with this problem that’s been continuing for years by theirselves.

I am currently an inmate in the Texas Department of Criminal Justice (TDCJ). I have recently been having trouble with some of the ranking officers of the Luther Unit. Such as cussing me, abuse of power, threats of cases and the taking of my property.

Every grievance I have written has been no help, even the step twos. I was talking to a fellow inmate, and he told me to write to you. That you provide information or how to write proper grievances, and AD and PD codes that will help. I told him I was indigent, but he said you provide the grievance packages free of charge. If this is true I would greatly appreciate your Texas grievance packet and any other useful information you can provide.

Your Texas Pack will support my contentions and add fuel to the fire I have started. You participate in the same practice I do and have been doing since 2010. I apply the law in my grievances. I apply PD-22 in correlation to ED-02.01 and apply the facts of official misconduct that lands officials on administrative probation or suspended 30, 60, or 90 days. I applaud your practice. I appreciate your action, and your newsletter gives me hope that I am not alone in fighting this Goliath that has no moral value. Thank you for your presence and participation.

I am on Powledge Unit after fighting my way to here via Bother units where I still have civil actions pending. But this unit enjoys retaliating against you for your protected right to file grievances or complain. Standards for prison operations in this country are made by the American Correctional Association (ACA), and ACA Standard 4-4274 states I have a protected right to complain about my conditions and official misconduct without fear of retaliation, but the guards don’t know that it exists in ATC Rules. See ATC-040. It has been my safety beacon in many grieves.

The state works off the ignorance of inmates – our comrades so to speak. I am requesting that you keep doing what you do and teach the prisoners. Inform them of their rights, privileges, immunities under the Constitution. Where the prisoners of Texas really need help is in statutory law. I am understanding that Administrative Code is where statutory law lies, that governs jails and prisons. Texas prisoners in state facilities are not privy to these laws, so a prisoner cannot successfully litigate a case without an injury. An injury is not a prerequisite to 42 USC 1983.

Well keep up the good work and stand united and strong.

MIM(Prisons) responds: Legal work and campaigns, such as the information contained in the Texas Pack, are one aspect of our struggle toward a society without the abuses that the Texas Pack is focused on: grievance problems, indigent mail restrictions, exorbitant medical copay, and others. We don’t think we can get to that society by focusing on just this angle alone, however. So we push our comrades who are getting good information from the Texas Pack to also recognize the bigger picture and the long-term struggle. MIM(Prisons)’s work is focused on prisons in the United $tates, but we strive for this work to coincide with the struggles of the most oppressed peoples in the world. If you’re ready to take that step from prison reformer to revolutionary, we offer lots of study materials on the topic, and a correspondence study course for $10 or work-trade.

I am wrangling with the medical dept about getting the results of recent tests for HIV and HEPC, and also about getting the prescription for glasses that were issued to me about a month ago. I’ve been getting glasses since 2005 and the prescription has always come with the glasses until this year. When I noticed that the prescription wasn’t in the eyeglass case I asked the nurse that brought them to me and she told me to write to the medical dept and it would be sent to me. So I waited about 2-3 weeks to give the blood test results to come in then I sent them an I-60 request form asking for the results of the tests and the prescription for the glasses and was informed that I had to pay for them.

I sent another I-60 informing them that I had paid the $100 co-pay and the eye wear prescription and the results of the blood tests are a part of the service that was paid for but was told that to receive a copy of anything I had to pay. I’ve written a grievance but won’t receive a reply for 45 or more days.

I was shown a TX grievance guide by someone and would very much appreciate it if you could send me one. I had one from the concerned Christians of San Antonio, TX from 2010 but when I got to this unit the officers shaking down my property threw them away with a lot of other stuff. I need one terribly bad because there are quite a few abuses here on this maximum security unit.

A little on a problem I am having. Recently one of the ranking officers on my unit got in my face and told me “shut the fuck up bitch,” now, I am very respectful to these officers and I didn’t even snap back at the officer who did this. I would really like to know what I can do against this officer legally in response to this incident. Any info would be greatly appreciated.

Dir Sir or Madame:

I am … confined in the Michael Unit of the TDCJ.

On 3/16/17 I received from the Michael Unit mailroom a “Publication Review/Denial Notification” refusing to deliver to me the above-referenced publication based upon a finding that “it contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots, or security threat group activity.” At the place for Remarks, “Pg. 13 contains info that could cause a prison strike and prison disruption.”

Instead of seeking the least restrictive measures of censorship, like, for example, marking out the offensive language, they refused to deliver the publication summarily citing to TDCJ-ID policy and procedure BP-03.91, the same rule used to reject delivery of biblically-based religious materials sent to me by my sister.

I appealed the denial to the Director’s Review Committee (DRC) whose address is PO Box 99, Huntsville, TX 77342-0099. On 3/29/17 I received the “DRC Approved/Upheld Denial on 3-28-17.” However, that denial was not signed so I have no idea who is personally responsible and accountable or if this is - as commonplace - a summary, arbitrary, and capricious disposition of my appeal, similar to the practices generally experienced when using the TDCJ-ID administrative grievance process required by the Prison Litigation Reform Act.

Nevertheless, I will not be receiving the publication, and, notwithstanding my notice of anticipated litigation to prison authorities, am notified that “the publication will be destroyed within 60 days of the initial denial.” And, again, I am not notified of the identity of the person(s) who will engage in this illegally destructive and criminally culpable conduct designed to deny and impede my rights both to the publication and access to the courts. Thus far, my efforts to report the criminal acts and conduct to civilian law enforcement authorities and the State and Federal prosecutors’ office under Texas Penal Code, Section 39.04 and Title 18 U.S. Code Section 242, have proven to be futile.

Accordingly, I am asking you to engage your expertise and resources in the litigation of this unlawful censorship to which you have standing to complain and request that you name me as a complaining party litigant. The proper venue is in the U.S. District Court for the Eastern District of Texas sitting at Tyler, Texas.

I will at all times make myself available to you and to any legal representative whom you choose. I retain all evidence of my claims but, as I’m sure you know, is subject to confiscation, loss and destruction by prison officials and their employees.

In closing, I am reminded of a passage I read somewhere. “Acts without words are open to all kinds of interpretation and words without acts are hollow promises [or just lies],” The ball is now in your park. I need your help. Anxiously awaiting your response.