Texas Prisons

On December 28, 2012 at approximately 8pm, I and many other prisoners housed here at Estelle Unit High Security witnessed a heinous act of violence. Four TDCJ employees viciously beat a mentally ill Black prisoner whose hands were cuffed behind his back. Some prisoners wrote grievances, and some wrote their family members to complain about the inhumane and barbaric behavior of the officers. In the months and weeks that followed I have witnessed one of the most devious and calculated programs of retaliation that I have ever seen anywhere.

Lieutenant Deward Demoss who works on this High Security Unit has undertaken the task of targeting prisoners who spoke out against the beating. He has instructed the officers under his supervision to write fabricated and bogus disciplinary reports on specifically “pre-chosen” prisoners. Then Lieutenant Demoss goes further by violating prisoners’ due process rights by faking investigation and hearing entries on paper work. The coup de grace is when Lt. Deward Demoss actually runs court on the prisoner who has been “set up” by this modern day Agent of Repression! Yes, comrades, this is an example of the type of pig Ward Churchill and Jim Vanderwall warned us about.

However, all is not lost. Many prisoners have responded to this unethical and criminal behavior by writing numerous Step 1 and Step 2 grievances. Letters have been sent to the ACLU, state legislators, and the media. Prison officials have even knocked out the local Pacifica Radio affiliate, KPFT, to sabotage prisoners access to the fearless free voices on KPFT who champion prisoner issues. Stay tuned for more reports from the front lines.

MIM(Prisons) adds: This is not the first time Deward Demoss has been called out in Under Lock & Key for his work at Estelle prison. We know the problem isn’t really about one individual, replacing Demoss will not change the fundamentally oppressive criminal injustice system. This prisoner is correct to call out the responses of filing grievances and publicizing the violence and subsequent retaliation. The pages of Under Lock & Key are open to all who work to expose injustice in their institutions. We encourage everyone to take an example from this prisoner and build both publicity and resistance to the repression. And then we must take it one step further and educate all involved about the role individual oppressors and actions play as a part of the imperialist system as a whole. Through this education and organizing we can build the anti-imperialist movement.

For eight days during December 2011, I was placed in a cell completely nude, and without any state or personal property what-so-ever, while outside temperatures fell down into the low 20 degree range, after having my face and head completely shaved at the direction of TDCJ officers. I was forced to sleep nude on the concrete floor, even as my cell was flooded by ice cold rainwater due to a leak in the ceiling, and the section exhaust fan was operated at night time increasing the ill effects of the cold temperatures.

My cell and person were subjected to a thorough search every two hours around the clock for the entire period by a team of TDCJ officers armed with tear gas, pepper spray, and billy clubs. The coercive language, verbal abuse and repeated threats of use of force and chemical agents upon refusal to exit my cell for shake-downs, or other failures to precisely follow orders, was constant. During the cell searches human feces was tracked all over the floor and bunk by officers and was never cleaned up, nor were cleaning supplies provided.

Security checks requiring a verbal or visual response were conducted every 30 minutes and cell lights were left on 24/7, inducing sleep deprivation. Blinds were installed over my cell door windows inducing sensory deprivation, and near constant banging, hammering, grinding, yelling and other sudden and loud noises created a barrage of audio-assaults that was contestant and nerve-wracking. On several occasions I was inappropriately punished with sub-standard food-loaf in place of regular meal trays, not justified by any offense, and I was forced to eat by hand after defecating while unable to clean myself due to a lack of soap, towels and toilet paper.

All recreation, showers and legal communication were denied. I was never charged nor convicted of any disciplinary offense and I assert that these actions by TDCJ officers, and at the authoritative direction of TDCJ prion administration, violated commonly accepted standards of custodial care as well as my civil rights under both the federal and Texas state constitutions, and, the Universal Declaration of Human Rights of the United Nations.

I filed grievances on the abuse and ill treatment, however, I never received an official response, thereby denying me my constitutional right to due process and concurrently derailing my efforts at obtaining relief and administrative resolution.

MIM(Prisons) adds: This torture is often used by prison officials as punishment for prisoners who are fighting abuse and injustice, in an attempt to break their spirit and end their attempts to seek justice. This prisoner is now planning to file a civil rights lawsuit, after his attempts at administrative relief failed, and so we are happy to see that the torture did not stop him. But we know that these conditions, especially when faced long term in control units across the country, cause serious physical and mental harm. This is why the campaign to shut down control units is a critical battle for prisoners across the country.

Since my earlier letter I have now come across many prisoners who are existing members. It is encouraging to know that other prisoners want a revolution recharge to Texas’s prison environment. In my past years of confinement, in the units I have been assigned to, not many prisoners saw the need for revolutionary prison reform. On this unit, I am coming across more prisoners who are seeing the need and attempting through civil litigation to see this reform come about.

Texas still wants to deny prisoners the right to have the government redress our grievances for violations of our constitutional rights. The right of a prisoner to petition the government exists in theory only, but not in practice.

The poorer and less educated prisoners have to face a two-front battle just to get into court. As an indigent prisoner I have to fight access to courts officials just to get the legal correspondence supplies that I need to litigate my claims. After I get them into court I have to battle court authorities and judges just to keep them in.

When I write to judges of my treatment by officials I face retribution by other prison officials. Judges and court authorities want to deny my right to exercise my claims in court under proper due process and equal protection rights. If I had funds, family or friends who could help me out with legal correspondence supplies, then the prison officials would not be able to place me in a figurative full-body straitjacket.

It is so bad that many prisoners’ claims being filed in court are being stolen right out of court by magistrate judges, dismissing lawsuits on which they do not have the right to render a final judgement. When prisoners appeal it, they send it to the 5th Circuit Court of Appeals. District court judges’ judgements are nothing more than a court directed verdict. The rendered judgements do not fit the evidence filed in court in complaints, evidence and exhibits.

Prisoners in Texas have filed so many individual lawsuits that Texas does not want any more to be filed because, whether a lawsuit succeeds or fails, it leaves an electronic paper trail. Texas prison officials are scared that the feds will step in and take their prison system away. This to me is an encouraging sign so I say keep up the good work and soon we can see the Texas prison walls come crumbling down.

MIM(Prisons) responds: We agree with this comrade that lawsuits are an important part of our current strategy to fight the criminal injustice system. But this will never bring about revolutionary change, because the legal system is a part of the criminal injustice system as a whole, as this comrade’s experience demonstrates. The imperialists will never relinquish control of this critical part of their internal system of national oppression through legal battles. We can use their system against them to an extent, and even win some key battles in the legal arena, but we will do that as a part of the broader struggle which must build for independent revolutionary change.

28 January 2013 - Greetings and respects to you all and my fellow comrades who are enduring the struggle. Keep your heads held high always. They can lock us up physically, but can’t lock our hearts, minds and souls away.

I was not able to keep in contact because of these white oppressors. My last issue of ULK was denied due to what the oppressor calls advocating hunger strikes.

I am a Texas prisoner housed in a high security unit, Lewis Unit, in Administrative Segregation. Since 10 January 2013 we have been fed minimal rations of food and it continues to get worse. For example, today we were fed 2 small corn dogs and 5 prunes. It was a breaking point. Some fellow comrades and I have initiated a hunger strike due to the feeding and continual physical abuse of prisoners while handcuffed or during use of forces.

The unity in Texas prisons is almost nonexistent. Most prisoners let the racist pigs treat them like animals. Only a few of us are willing to stand up. We cannot get change with five or six comrades, but we will fight to the death of us to get what we rightfully are supposed to have. On behalf of prisoners in the United States and abroad, I greatly appreciate your dedication to the struggle.

MIM(Prisons) comments: Hunger strikes are one of the few options available to prisoners fighting abuse and harmful conditions. But this form of protest comes with the risk of physical harm to the protesters, and is often handled with force by the prison administration. While prisoners must determine what is appropriate for their conditions, we encourage everyone to put in the time to educate and organize others. Unity may be non-existent in your prison today, but that should make clear what one of your key tasks is. We must educate others while organizing for demands that will unite them around a common cause. Ultimately we want to unite the oppressed in the struggle against imperialism, but we can start by helping them to see the source of their day-to-day oppression in the criminal injustice system.

On Friday, December 28, 2012 at approximately 8pm I witnessed an unnecessary and excessive use of major force. The main perpetrators were correctional officer Mendez, Correctional Officer Burns, Lieutenant Patrick R. Eady, and Sergeant Gundacker. The victim was a prisoner, (B) a Black man, who was housed on F-wing at the High Security Unit on Estelle; which is located in Huntsville, Texas. Please note it is well documented that prisoner B has a history of mental health issues that stem from his long-term confinement in 23 hour a day lockdown settings. It is further worth noting that B’s hands were cuffed behind his back during the assault which left significant bruising, swelling, and lacerations to his face.

I observed Officer Burns, Officer Mendez, and an Officer Bake approach B’s cell (F-125) and inform him to prepare for a “shake-down” or cell search. B was cuffed and removed form his cell. During the time outside his cell, B engaged in profanity laced name calling with Burns and Mendez, all three were talking major “trash.” Officer Mendez seemed to have been offended; he (Mendez) pushed B in the back shoving him in his cell.

Burns and Mendez entered the cell and you could hear blows being given to B, who was cuffed! A female officer named Yancey was working the F wing. Apparently, she sounded the alarm and many officers and supervisors arrived at the scene of the crime. Upon arriving, Lieutenant Eady and Sergeant Gundacker did not stop the assault on B, they joined in. Punching and kicking B in the head and face while officer Yancey stood by in obvious shock. Lieutenant Eady saw the look of shock and revulsion on officer Yancey’s face and he ordered her off the wing and that is when the “cover-up” was put in full effect.

The Cover Up

The attackers quickly exited the cell as B writhed in pain on the floor of his cell - his face a bloody mess. B’s cell door was shut, he was left cuffed. Lieutenant Eady was attempting to make it look as if B had refused to relinquish the handcuffs. Sergeant Harrison arrived after the fact and he was bamboozled by Lieutenant Eady. Lieutenant Eady placed Sergeant Harrison in charge of the use of force. I immediately yelled out at Lieutenant Eady “you’re not going to get away with that Eady I got you!” His response “I got away with that, now shut the fuck up or you’re next!” and with that I shut my ass up. Fearlessness is a wonderful trait but we must learn when to be quiet and let our pen talk!

The Aftermath

After the incident, officer Yancey, who was actually the wing officer, came to my cell visibly upset. She said “that physical abuse of was uncalled for, they know he is a psyche patient, we all know!” She continued “I think some of these officers were bullied as kids because it seems they get off on hurting inmates.”

MIM(Prisons) adds: The original article included information about the diverse races of the prison staff involved in this assault of a Black prisoner. These references were removed but we note that it demonstrates that there are willing servants of imperialism found in all nationalities. Sometimes that contradiction bites the oppressor in the ass. But either way, that doesn’t change the nature of national oppression, or the criminal injustice system’s role in perpetrating this oppression.

Well comrades after months of trying to get the grievance department to produce a grievance that they insisted was returned, the truth has come out! In June 2012 I was housed on C-wing on Estelle Unit High Security which is located in Huntsville, Texas. At the time, my cell and many others were infested with roaches, every meal was served cold, and the smell of sewage was extremely pervasive. I and a fellow comrade filed a Step 1 (I-127) grievance.

Unit Grievance Investigator Mr. Allen Hartley lied to me, his co-worker Ms. Monica Nichols, and numerous other TDCJ (Texas Department of Criminal Justice) employees and insisted that he returned my Step 1 with response on August 22, 2012. However, I never received it. A TDCJ employee told me that Mr. Allen Hartley has a “special relationship” with the prison administration on the High Security Unit in which he has agreed to destroy any offender grievances which may shed a negative light on the High Security administration.

On October 22, 2012 I sent a grievance petition courtesy of USW-MIM(Prisons) to Senator John Whitmire who happens to be the Chairman of the Criminal Justice Committee in the Texas state legislature. I requested that the senator have someone investigate my “mysterious” disappearing grievance. I also addressed the cold-substandard meals served on the entire unit, rampant racism among officers, and administration, as well as the collusive and conspiratorial relationship that exists between unit grievance investigator Mr. Allen Hartley and Assistant Warden Steven T. Miller and Major David M. Forrest (bonfire Klansman extraordinaire). The USW Grievance Petition does an excellent job of articulating the true nature of the problem here in Texas. Our due process rights are being trampled on and we can’t get fair and unbiased resolution of our grievances under the current system (period).

Comrades I am glad to report that the food service department at Estelle Unit - High Security has been issued “Hot-Carts” which really keep our food hot/warm! The portions have improved a little and so has the quality. We even get salt and pepper once a week. This may not be fantastic in some prisoners eyes but it is progress. I believe it was a collective effort by a small group of motivated comrades who got tired of being treated like sub-humyns.

In reference to the grievance problem, the central grievance office wrote me and stated that the grievance in question has been “lost.” They offered me the opportunity to re-submit the grievance. However, they failed to address the main root of the problem and that is Mr. Allen Hartley’s blatant disregard of the U.S. Constitution! This is not the first time that these prisoncrats have played this game. This is an ongoing problem. Their actions have rendered the grievance process ineffective. So with that being said, I have filed a complaint with the Department of Justice - Civil Rights Division - utilizing the grievance petition as my guide.

MIM(Prisons) adds: We currently have grievance petitions for many states. Write to us for a copy and if you are in a state not currently covered by the grievance campaign, we will send you a template for the petitions and you can look up citations and policies specific to your state for reference. If you do this research and send us what needs to be rewritten for your particular state, we will gladly send an edited, accurate copy back to you.

Recently we faced two situations that showed short and immediate results, which to a certain extent were good. The first was the united resistance to guards in regards to trying to “handle” the prisoners and deny us our restriction showers. Restriction showers are separate showers for those on restriction from dayroom time, recreation, commissary, etc. We won those participants their showers once the captain was called to settle the dispute.

The second situation was today, 14 December 2012, when 8 cells holding 16 prisoners became flooded with sewer water that was being pushed back out of the drains and into our cells. This triggered a united front from most of those in these cells who represent a mixture of different organizations. This was fruitful because we got maintenance to come and unclog the problem in the drainage system after several on one roll started to flood our cells and push this water out of our cells, causing the dayroom to overflow.

That was one segment to this situation, the next part came when we were allowed to exit to chow minutes after the drains were unclogged. Upon our return from chow we refused to go back into our cells due to the unsanitary milieu that remained. The second shift officer refused to distribute chemicals to clean our cells. This triggered another united resistance until the lieutenant was dispatched to quiet the situation by compensating us with the required chemicals. Every prisoner who participated had a chance to shower afterwards, which was a minor success.

These two situations I speak about not to romanticize but to bring attention to a winnable battle that must be clearly and carefully examined by those who think about doing the same. Not all outcomes garner the same results, so be careful. Remember, they can kill the revolutionary but not the revolution.

MIM(Prisons) adds: This is a good demonstration of the principle of Unity that the United Front for Peace in Prisons (UFPP) promotes as its second principle: “WE strive to unite with those facing the same struggles as us for our common interests. To maintain unity we have to keep an open line of networking and communication, and ensure we address any situation with true facts. This is needed because of how the pigs utilize tactics such as rumors, snitches and fake communications to divide and keep division among the oppressed. The pigs see the end of their control within our unity.”

“Unity” in itself can be a weak and meaningless term, or even a bad thing depending on who it is that is uniting and why. However, MIM(Prisons) sees unity among prisoners as progressive, because of the oppression prisoners face as a subclass and as (overwhelmingly) representatives of oppressed nations. Without unity of the oppressed we cannot end oppression and create a better world. So we echo this comrade in celebrating these small acts as examples of growing UFPP and setting the stage for greater change.

Because of my activism and revolutionary actions I have become a target. My mail is being delayed, and recently these prisoncrats have been denying recreation, not just to me but our entire block - E-wing High Security (Estelle).

Two days ago I watched a white male sergeant named Curtis Jordan pull a Mexican male out of his cell violently and slam his head against a wall, and continue to smash his head against the wall and he looked up at my cell where I was watching and said “Tell that, Bitch!” I wrote a detailed affidavit to Senior Warden Cody Ginsel of Estelle Unit requesting that he review the video. This was an unprovoked use of force! Believe it or not, major David M. Forrest ordered the brutality against this innocent Mexican prisoner, who has some mental health issues. These racists target the weak, elderly, and mentally ill prisoners who can’t fight back.

Comrades, I need your help in exposing these swine. Here is a list of the “Clique.” My goal is to break this “good ole boy” clique up and possibly improve the living conditions in this slave pen of oppression for all.

1. Assistant Warden Steven T. Miller, in charge of the High Security Unit at Estelle – extremely vindictive, and promotes inhumane treatment of prisoners.
   
2. Major David M. Forrest – Eight years ago was a Senior Warden, was demoted to Lieutenant after being involved in the murder of a prisoner. This is our Chief KKK grand wizard! We must destroy him!
   
3. Lieutenant James H. Kent – His father is a Deputy Directory. In the past six months the prison watchdog service, con-care service, received 16 prisoner complaints from prisoners housed at this High Security Unit. Kent was a main actor in five of the 16 complaints. He is cocky, arrogant and believes he is invincible.
   
4. Lieutenant Deward Demoss – Big racist. Made a death threat against me in May 2012. I filed a complaint with DOJ.
   
5. Sergeant Curtis Jordan – An unapologetic racist. He will tell you to your face “I hate niggers and wetbacks. I’m a redneck.” Too many wrongs to list.
   
6. We have two house negroes on the payroll. They are flunkies and dupes:
   A. Sergeant Terell Beverly – A sado-masochist with a history of abuse aimed at prisoners.
   B. Sergeant Brooks (“the snake”) – A young Black man who is so wicked and brainwashed it sickens me.

I know that there is no specific race or ethnicity associated with oppressors, and it is a huge mistake to think if we traded all these white men in for “brothers” all problems would cease. That is idealistic bullshit.

Unit Grievance Investigator Allen Hartley is the Senior Grievance Investigator. He is super corrupt and in league with these racists. The grievance system is so broken. The main problem is the grievance staff do not practice objectivity or operate with any integrity. There just isn’t any incentive for them to mete out justice and render fair decisions. People have been killed because they fail to do their job properly. Hartley’s modus operandi is cronyism, nepotism, misplaced comradery, and obstruction of justice.

MIM(Prisons) adds: Exposing structural relationships like this highlights the continuing importance and need for national liberation of the internal semi-colonies. As this comrade points out, replacing all the white men with Black men (integrationism) would not change anything. Similarly, replacing them with more progressive-minded people in general would not lead to significant change because the fundamental problem is the criminal injustice system. It is set up so that police, courts, and prisons serve as tools of social control, and the individuals working within the system can do little to change that.

This is why we must put our battles against individual oppressors and policies in the context of the fight against imperialism as a system. Without liberating the oppressed nations from imperialist oppression we will never make fundamental change to the criminal injustice system that attacks us. So we must take up these smaller battles as agitational tools to mobilize the oppressed and as battles to exert the will of the oppressed in small ways that benefit our ability to educate and organize together.

For the past 6 months I have been attempting to shed light on injustices perpetrated by Texas Department of Criminal Justice correctional officers and administrators against prisoners housed at the high security unit on Estelle Unit located in Huntsville, TX. I have written numerous Step 1 grievances, however, the same Unit Grievance Investigator (UGI) continues to impede, obstruct, and sabotage my quest for justice.

Estelle Unit UGI Mr. Allen Hartley has operated from the stance of nepotism, cronyism, and misplaced comradery. Instead of establishing an objective stance in his handling of my grievances, he has actually entered into a collusive and conspiratorial relationship with prison staff and administration in order to minimize, marginalize, and downplay my claims of injustice.

This is nothing new, comrades in Texas and California have been reporting on this type of behavior for years. MIM(prisons), USW, and some extremely dedicated comrades have come up with a weapon and strategy to combat these corrupt individuals. The grievance petition crafted by a USW comrade in California has been also adopted and utilized by Texas prisoners. I personally have sent a copy of the petition to the Texas state legislature.

The legislative session starts the 2nd week of January 2013. I encourage all comrades in Texas to write the legislature and request that all UGIs in the Texas prison system are fired and that a new streamlined, efficient, and fair grievance department be created. This new system should be managed by the Office of the Inspector General and oversight should be provided by the ACLU of Texas and the Texas Civil Rights Project (TCRP).

The point of the matter is this: the grievance procedure in Texas prisons is a farce and a sham. Unit Grievance Investigators are stealing tax payer dollars and violating the public’s trust. Comrades are being degraded, humiliated, and abused in Texas every day and no-one is being held accountable for their actions except prisoners! Time and time again I have watched as TDCJ employees commit every crime against humanity you can think of, including murder, and nothing is done. This is bullshit! Please join USW and help get rid of these authors of obstruction.

MIM(Prisons) adds: This comrade is proposing an interesting change to the grievance system in Texas, with oversight from independent organizations (ACLU and TCRP). Leaving the grievance process in the hands of the government means it will never truly serve the needs of prisoners, while establishing independent oversight would certainly lead to more accountability and less ease at outright fraud and lies serving the prison employees.

Although fighting for grievances to be addressed is only a reform to gain more livable conditions and organizing space for comrades in prison, it is a campaign that can demonstrate to others our ability to come together to fight for the rights of prisoners. No reform of the grievance system will end the injustice of the prison system in Amerika. These are just the early steps in building a movement for humyn rights in U.$. prisons.

I would like to bring your attention to something that’s going on here in Texas. There are repeated staff attacks of prisoners in Ad-Seg, and prison staff seem to always get away with this.

On October 16 I was on the rec yard where you can see inside to section 4 day room. A prisoner with a mental illness for which he takes meds was inside the day room. He was sitting at the table and two officers walked inside. He didn’t get up from the table, and the officers walked on both sides of the table where the prisoner was sitting down and both of them rushed the prisoner and took him to the floor of the day room beating him, punching him with handcuffs, and using the food slot bar to hit him in the head. They ended up with blood on them from the beating of this prisoner. He lay on the floor and they dragged him from the dayroom in handcuffs and called on the radio that they just had a use of force on a prisoner.

There are many cells that saw this incident in addition to people in the rec yard; a total of 18 people witnessed the beating. But only two people wrote a witness statement. When I asked the two officers why they did this, they told me that this has nothing to do with me, and that the prisoner had this coming.

I write grievances to stand up to staff who hurt people, but the grievances just go right to the ranking officers and they call the officer to invite a statement and the staff just deny it. So the grievance comes back with the staff denying any misconduct and that’s the end of it. I talked with other prisoners and told them that the only way to stop this is coming together as one and standing up.

MIM(Prisons) responds: It is ironic that this prison claims that MIM(Prisons) and our USW comrades behind bars are a threat to the safety and security of the institution while violence is carried out by those supposedly ensuring this safety and security. We know that the entire criminal injustice system is set up to defend the actions of guards like those described by this comrade, and it will never be easy to take them down through grievances or lawsuits. Even if we win, it is only to replace one oppressor with another. But we cannot stop fighting the oppression because battles like this one are a good opportunity to educate and organize against systematic brutality. Mass consciousness and mass organizing is the only way to win against oppression. United Struggle from Within comrades across the country fearlessly take on these battles even while knowing that they may face brutal retaliation themselves for standing up for their fellow prisoners. This is truly fighting for peace. As the first principal of the United Front for Peace in Prisons states: We organize to end the needless conflicts and violence within the U.$. prison environment. The oppressors use divide and conquer strategies so that we fight each other instead of them. We will stand together and defend ourselves from oppression.