Federal Prisons

I am writing this letter to obtain legal advice or help with current matters which are currently taking place in the state of Pennsylvania Prison System. Beginning on August 29, 2018, Pennsylvania declared a statewide state prison lockdown, in which we were not allowed to send or receive mail of any kind. We were just allowed, as of September 6, 2018, to send mail out but will no longer receive mail and the mail they do have will now be sent to some third party in the state of Florida.

On the day of the lockdown, the guards wore gloves and face masks for their protection when passing food to the prisoners. No protection whatsoever was provided for us, the inmates, even though the correctional officers are the only people who reportedly fell ill from alleged contact with drugs. I have been watching “WJAC 6 News” in Clearfield County to stay updated with the current progress of events.

Around September 1st, 2018, the D.O.C. let us out to take one shower and when everyone showered, let us out to use the phone. From my knowledge of watching the local news, no prisoners have fell ill from alleged drugs, only D.O.C. staff, which could possibly be a ploy of some kind on individuals behalf. Around September 3rd or 4th, 2018, the D.O.C. started letting us out one tier at a time for blockout, which is an hour each tier, which holds about 60 inmates on each tier. We, as prisoners, have been mostly kept in the dark about what and why or when. I’m writing asking can you please assist in these matters, but if you write back the jail will not give me any mail.

We have been trying to set up an effective Release on Life program here at MIM(Prisons) for many years. We have expanded the pre-release support we offer to our active comrades behind bars. And we’ve set up some structures for better contact and support on the streets. But what we can offer is still so little in the face of the very harsh reality of life on the streets after a prison stint. We’re working on expanding what we can offer. That takes money. But it also requires ideas and people on the streets to work on this. We know what we’re doing now is inadequate. But we’re trying to build.

For a few years we published a Re-lease on Life newsletter (ROL) which was mailed out to our comrades on the streets and those with release dates in the near future. But we didn’t get much interest around this newsletter. We know people are inspired by ULK because we get lots of letters about it and article submissions for it. ROL didn’t inspire many responses or articles. So we’re discontinuing that effort. Instead we will focus on practical logistical support for our releasees. And we will continue to print release articles in ULK.

Get in touch if you have a date or expect to be released in the next few years. Start working with us now so we can help set you up for success on the streets.

Below is an interview with one of our comrades who was recently released, underscoring the challenges with life on the streets and the importance of preparation and education while you’re still locked up.

Revolutionary Greetings!!! I was released from the penitentiary on July 9th 2018. I’ve been out for over a month. The state and federal government ain’t helping us with shit. It’s on us to hustle to provide for ourselves. Learn all u can in prison cuz once u hit these streets it’s non stop action. For all y’all without a date, mad love n respect. Each one teach one.

Question: Have you found any support for finding housing? If not, what have you tried and what do you recommend others do if they don’t have people to live with already set up?

No I have received housing. I haven’t received shit from the state or federal government. If u ain’t got friends or family to provide u with a roof over ur head then u gonna struggle out here for real. I got family and friends that blessed my game.

Question: Have you been able to sign up for any government support programs (food stamps, SSI, welfare, etc)?

Yes I did sign up for benefits and shit like that but the state and federal government both denied me.

Question: What did you do to find work after release?

I applied at staffing agencies and shit like that but after they ran my name I never got called. I still don’t have a job. Been out 2 months already. Self-employed I guess.

Question: You say people should learn all they can in prison. What kinds of programs and studies do you recommend people focus on in prison to prepare for the streets?

I say people should learn all they can in prison like read books. I did my time in solitary confinement Ad-Seg cuz I’m a active STG member. I educated myself. That’s what I mean. Use ur time wisely cuz once u hit these streets its a whole nother world.

I am at Santa Rosa, C.I. Today, I write you about a potential civil lawsuit on the basis of an eighth amendment violation of my constitutional rights. In short, I was brutally beaten, sprayed in my face with chemical agents, and sexually abused at Union C.I. on March 26th, 2018 by eight prison guards while I remained in handcuffs and leg irons.

The eight (8) prison guards at Union C.I. retaliated on my for filing grievances and discriminating against me. They beat me, gassed me in my nose, face, mouth, eyes, etc., and forced the handcuff leg iron shackle up my RECTUM into my buttock. I was screaming “PREA” while the cell extraction team held me down. In the shower, they covered my mouth, beating me with their fists and the handcuffs. Cruel punishment!

At this time, they lift me to my feet, bleeding from my rectum, and bleeding from my head, face, mouth, etc., pain in my neck, back, eyes burning, etc. They placed me in a cold cell, butt naked, a/c blowing, no mattress, no clothes, no toothbrush, no toothpaste, no toilet paper, no clothes, no drinking cups, no nothing. Nothing to keep warm and bean bags blocking my cell door to prevent me from receiving any of the above items. At present, great efforts are undertaken by medical personnel to cover up my abuse by falsifying medical records stating “no injuries identified”. Trying to cover up for security, I then remained in my cell untreated, which is cruel and unusual punishment.

I am in chronic pain throughout the day and night. It is extremely difficult for me to get any sleep at night due to the excruciating pains in my rectum, my neck, back and body. I hear voices waking up in cold sweat like I’m being gassed and attacked all over again.

May it be noted that handcuffs and leg irons were on me during the entire merciless beating and sexual abuse.

I have begun the institutional grievance process by laying forth the foundation and facts of my case regarding this potential suit. At this point, I have done a lot of research on my own and try to contact people more familiar with the law and trying to get help to no avail. I am still being retaliated against and threatened that if I don’t stop writing grievances and filing on this, I’m going to get fucked up. These ofc. are playing games with my mail, food, and threatening to strip me and gas me or set me up or have other ways to harm me.

I still can’t find any help I need. I am not going to stop filing grievances. They violated my right and my body. I need legal help. This is not getting covered up.

I’m a politikal prisoner warehoused at the State of Missouri’s most repressive slave plantations (Crossroads Correctional Center). It’s name (Crossroads) alone sounds like a cemetery and it does literally feel like one.

The institution is still on lock-down from a riot that took place 5, 6 months ago where no one was injured but millions of dollars in property damage occurred.

The conditions that led up to the rioting still exist today and are even worse today. Basically, we are locked down in our cells all day and none of our daily needs are met. For example, they transferred me here last week as a punishment from another camp and placed me in ad seg despite me not having any conduct violations (write-up). They refused to bring me my ad seg allowable soap, toothbrush, and toothpaste for six (6) days, but gave the other transfers theirs the same day.

So, I sent my case worker numerous kites requesting grievance forms, which she denied me. I’m on high blood pressure medication, which I should have received the first day I arrived, yet medical staff continues to ignore my request. When I arrived here, they gave me another prisoner’s used and dirty underclothes and bedding when everyone knows that you’re supposed to be issued new underclothes and can be issued used outer garments. Again, I sent my caseworker a kite for a grievance complaint and a legal request form to order prison policies and legal case law to challenge these conditions and was again denied.

I’m on a certified religious diet meal plan, yet they refuse to recognize it at this camp despite having documentation proving that I’m on the diet plan. (Please note: A white prisoner next door to me receives his CRD-meal 3 times a day).

We are dealing with gangsters here. Gangsters who have been allowed to do whatever they feel like doing and outside of what prison regulations mandate without being challenged or corrected. And if you bring attention to this abuse of authority, they calculatingly and systematically isolate you and target you with more abuse.

Please send me something to read, i.e. newsletter, prisoner resource guide, anything that will keep my spirit and mind up.

Some of our fellow comrades remain skeptical or indifferent about our engagement in the political process. Don’t be foolish! We have to act while we can to fortify our freedoms and ensure that government does not try to quarantine our communist ideology. Too long have we been unrepresented at the polls for elections.

The fact that we have been unrepresented only condones and promotes the inundated lies that sound convincing and are spread through education, through the media and through entertainment. “In January 2010, a conservative minority on the Supreme Court radically rewrote Ameri[k]a’s campaign-finance laws to allow mega-donors and corporations to contribute unlimited sums, often in secret, to political action committees. The Citizens United v. FEC decision gave wealthy donors unprecedented influence to buy elections, which Republicans quickly used to their political advantage” (Rolling Stone, Ari Berman, February 8-22, 2018, p.30). I do not believe there is any difference from today’s political culture and the one of the late 1780s “Three-Fifths Compromise” which treated each slave as three-fifths of a person for tax and representation purposes. It has always been about which political party is going to get the vote.

These mid-term elections elect a body of electors who elect the president and vice president. Under the Trump administration we have watched numerous offices filled and seats to our judicial branch, two of which after the next Supreme Court justice seat, will be for the life of that persyn. How does that weigh on us? I do not know, so the advancement of “why the need to vote?” is a relevant topic for discussion amongst us comrades.

MIM(Prisons) responds: This comrade is right that we should be talking about elections in ULK because so many people are focused on this topic in the United $tates right now. On the “left” we regularly hear about the critical need to get Democrats elected in mid-terms to limit President Trump’s power. But we come at this topic from a different perspective.

To determine what is the most effective actions we can take today we need to first identify our principal enemy. For revolutionaries this enemy is imperialism, the global system which keeps many nations poor and oppressed in order to provide wealth for a few nations. We happen to live within one of the imperialist powers: the United $tates. Here still imperialism is our principal enemy. And the President is certainly the leader of this imperialist country. But congress is just as much a part of that leadership structure. And whether members of congress are Democrats or Republicans matters not one little bit to which side they are on; being in the Amerikan government requires supporting imperialism.

So when this writer points out that revolutionaries are dramatically underrepresented in the government, we think that’s to be expected. The system is not set up to allow for a peaceful revolution through elections. And in fact, when we look closely at the interests of the vast majority of people who could legally vote in elections, we see that their material interests are aligned with imperialism. So of course they are electing these imperialists! The capitalist system has advanced to the point where people living within imperialist countries can be bought off with the vast wealth plundered from the Third World. And buying people off includes buying their voting allegiance since they want to help perpetuate this system that is giving them a comfortable life.

Within imperialist countries we can’t expect to have a majority on the side of the oppressed, fighting for revolution, until conditions change dramatically. At this point we’re not even close. Trump’s reactionary policies and rhetoric may be angering some self-described leftists, but only to the extent that they want to get a more soft-spoken imperialist into the White House. Neither Hillary Clinton nor Barack Obama are friends of the oppressed. They just peddle a different flavor of imperialism.

It’s a mistake for revolutionaries to focus on getting Trump out of office. And when we tell people to vote in mid-term elections we are telling them to vote for the imperialists. There are no revolutionary candidates for high office. And with the implication that we oppose Trump, we’re telling people that we support the Democrats. This is not only misleading but also will soon be demoralizing. What happens if the Democrats win big? And at the next presidential election a Democrat comes into office. When we still have imperialism, and the Democratic President is funding more prisons, more police, and more invasions of other countries, what are people going to think of the revolutionaries who campaigned for the Democrats?

This writer raises the question of the Supreme Court. Presidents have the power to fill seats in the court with someone who will serve for life. And these individuals have a big impact on laws in the United $tates. The right to legal abortions, for instance, is a decision many fear could be overturned with a more conservative court. This is an example of a law that has a real impact on people’s lives, especially hurting those without the resources to buy access to safe abortions. Just as we fight for legal victories to gain more organizing space and less abuse within prisons, we would oppose outlawing abortion. But these laws and legal precedents are no different than variances in how a city deploys its police force: more trigger happy cops in the projects means more dead oppressed nation youth. There are so many laws and policies within imperialism that are harmful to the oppressed.

Focusing on the Supreme Court again keeps us from seeing the big picture: it’s all still a part of imperialism. We will have variations in legal rights and in modes of repression, but imperialism is still the same system of exploitation and oppression. And many of the Supreme Court decisions that Amerikans worry about are only possible due to the luxury of living in this wealthy country. Of course we support affirmative action, LGBTQ rights, and abortion access. But these are things aren’t even considered in many Third World countries where the masses are barely surviving in the wake of imperialist wars, direct and by proxy, to secure cheap resources and labor, with puppet dictators in power. The United $tates has not become less imperialist by implementing more rights for more people within U.$. borders.

There are battles that can be fought in these non-revolutionary times that do contribute to weakening imperialism, such as ending torture and political repression within the injustice system. And so we say: keep your eyes on the principal enemy. That enemy is imperialism. Fight that enemy for rights for those living within U.$. borders, but never sacrifice or lose sight of the bigger picture. An imperialist who supports legal abortion for Amerikan wimmin is still an imperialist.

Durante el tiempo que crecí en Newark, New Jersey, siempre escuchaba las historias sobre disturbios, los movimientos de base, y los resultados de la vida en las décadas de 1960 y 70. Sin embargo, yo era un joven que sólo se preocupaba por drogarse, estar en pandillas y querer ser reconocido como alguien grande y malo. Y sí, fui reconocido, pero por malas razones. En el año 1999, a la edad de 20 años, fui acusado de asesinato y condenado a 40 años de prisión.

Los primeros años en la prisión todavía me portaba mal, y todavía trataba que me reconocieran como alguien grande y malo. Pero no fue hasta el 2005 que la chispa revolucionaria se encendió por primera vez en mi mente. Todo comenzó cuando fui a reclusión solitaria por una pelea en la que estuve involucrado. Durante el tiempo en reclusión solitaria no tenía nada para leer o cualquier cosa para mantener mi mente ocupada. Así que pasé las horas parado en la puerta gritando y echando maldiciones a los marranos cuando pasaban para la cuenta. Y bueno, creo que mi vecino del costado ya estaba cansado de escuchar mis gritos, así que tocó a mí pared y me preguntó si necesitaba un libro para leer. Entonces le dije, “Sí, porque no.” Me pasó un libro llamado Assata por Assata Shakur. Antes de esto yo nunca había escuchado sobre ella ni leído el libro, pero como no tenía nada mejor que hacer en la reclusión, lo leí.

Mientras leía el libro, pasando hoja tras hoja, la historia de Assata me habló. Sentí y reconocí su lucha. En dos días terminé de leer el libro y ahora fui yo quien tocó la pared de mi vecino, queriendo más para leer. Mi vecino era un hermano mayor y durante el año que pasé en reclusión él siguió dándome libros como, Blood in My Eye (Sangre en mi Ojo), Soul on Ice (Alma sobre Hielo) y otros grandes libros. Mi vecino era un firme partidario de la ideología de la Armada de Liberación Negra y las Panteras Negras. Yo que soy Latino, él también me enseño de gente y grupos como Che Guevara y el partido de Señores Jóvenes. Ahora, en lugar de pasarme horas gritando en la puerta, mi vecino y yo pasábamos horas hablando, construyendo y ayudándome a ser más consciente de mí mismo. Él me ayudó a darme cuenta que mi deseo de querer ser conocido como grande y malo, era sólo esa fuerza egoísta por reconocimiento que a un día me llevaría a darme contra una pared de ladrillo.

Después de que concluyó mi castigo en reclusión solitaria, continué con mis estudios durante la línea principal. Me puse a leer sobre gente como Mahatma Gandhi, Mao Tse-tung, Vladimir Lenin, Joseph Stalin, Marx y muchos más. El andar con pandillas ni siquiera estaba en mi radar. Esa sola chispa se convirtió en una llama, cambiando mi manera de pensar, mi manera de hablar y la manera cómo me comportaba. A lo largo de los años desde ese tiempo, esa llama es ahora un fuego hambriento dentro de mí, como el calor de la tierra encendida. Mi única misión es ayudar a educar a los oprimidos sobre las condiciones políticas y sociales ¡bajo las que nosotros vivimos! Porque cómo mi vecino me enseñó hace mucho tiempo, ¡“Cada uno le enseña a uno!” ¡Poder a la gente!

Mail the petition to your loved ones and comrades inside who are experiencing issues with their grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses listed on the petition, and below. Supporters should send letters on behalf of prisoners.

Acting Commissioner, Anthony J. Annucci<br>
The Harriman State Campus <br>
1220 Washington Ave<br>
Albany, NY 12226-2050<br><br>

New York State Commission of Corrections<br>
80 Wolf Rd, 4th Floor<br>
Albany, NY 12205<br><br>

United States Department of Justice - Civil Rights Division<br>
Special Litigation Section<br>
950 Pennsylvania Avenue, NW, PHB<br>
Washington, D.C. 20530<br><br>

Office of Inspector General<br>
HOTLINE<br>
P.O. Box 9778<br>
Arlington, Virginia 22219<br><br></blockquote>

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

As I write you this letter, I’m sitting in G5 closed custody after standing up to an officer denying me medical and medication. The substitute counsel never helped me nor came back to speak with me. The captain lied and said I refused to attend my hearing. So they ran major court without me. We have cameras here and I can prove they are lying. But who do I contact? I’ve written the warden, but they ignore my letters and I-60. I never receive a grievance back. The law library is refusing to answer any of my I-60s. The officers have come into my cell and packed my property only to take some of my legal transcripts, returned I-60s, and medications, lay-ins and other personals. They went into my legal manila envelopes and took documents. They threw away my legal envelopes, combined several containers of legals into other folders mixing things up and getting them out of order.

What do I do? Who do I contact? No one on this unit will answer an I-60 concerning the issue. I need your help to start me in the right direction to help myself and my fellow brothers beside me. I don’t have any outside sources or family to help.

A revolution
Our only solution
Of freeing us of
Media’s pollution

From teachers
To preachers
To what’s taught
In classes
Are intended
To neutralize the masses

We must be open minded
And not be blinded
By believing
Everything we’re told

Evaluate the situation
Do not rely
On your education
Instead use your observation

I read with interest “Why Take Action?” by Texas Prisoner in Under Lock and Key No. 63. The article starts by encouraging resistance simply because of who we are, that it is our nature to stand up. While this makes for an excellent mythology, and I heartily agree, the sad truth is that the majority of prisoners are intimidated into doing nothing.

While I do not look down on those who do not resist, I am not content with the status quo. Only massive group actions has a chance to succeed. This article is an attempt to persuade more prisoners to fight. A Texas Prisoner then points out that action can make a difference, especially in numbers. This is quite correct.

One of the most powerful ways to effect change is the federal civil rights lawsuit (1346 and Bivens for federal prisons, 1983 for others). Courts often make good decisions. Then the prisons stretch the case law beyond the breaking point or simply disregard it. They do this because they can. They get away with it because not enough prisoners file.

In 1996, the Prison Litigation Reform Act (1997e) made lawsuits against prisons much more difficult and less likely to succeed. As a result, prisons and jails have gotten much worse than they were at that time. Most onerous is 1997e(a), which states, “no action shall be brought with respect to prison conditions [] by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.”

While it is sometimes possible to get a court to declare the grievance process (for administrative remedies) unavailable, this takes a lot of effort. For the most part, prisoners simply have to follow the grievance process, being careful to meet all the deadlines.

Though the process of filing grievances seems (and usually is) futile, it has to be done. “[W]e will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise.” Booth v. Churner, 532 US 731, 738 n. 6 (2001); (When only a date is in parentheses and no circuit or district, it’s from the Supreme Court.) There is no way to escape. “[W]e hold that the PLRA’s exhaustion requirement applies to all inmate suits about prison life,” Porter v. Nussle, 534 US 516, 532 (2002). A prisoner simply has to exhaust the grievance process.

The trouble is that the prison can retaliate for filing grievances, even including beating prisoners. One might think that a prisoner could sue for such retaliation, but for decades the courts held that prisons are perfectly within their rights to retaliate for filing grievances, without fear of suit.

Here is the story.

Courts have held it is only possible to sue for civil rights violations over retaliation that chills the constitutional right. “Retaliation against a prisoner is actionable only if it is capable of deterring a person of ordinary firmness from further exercising his constitutional rights.” Morris v. Powell, 449 F. 3d. 682, 686 (5th Cir. 2006). Also see Crawford-El v. Britton, 93 F. 3rd 813 (D.C. Cir.1996). The D.C. circuit is just under the Supreme Court in terms of power, and all other circuits have followed.

The question is whether filing grievances is a constitutional right. Up until recently, the courts have held it isn’t. “[I]nmates do not have a constitutional right to have available or to participate in an effective grievance process.”Miller v Williamson, 2016 US List. LEXIS 63498 (4th cir. 2006). See also Adams v. Rice, 40 F. 3d 72 (4th Cir. 1994).

This idea can be traced back to an opinion in 1991. “[T]he prisoner’s right to petition the government for redress is the right of access to the courts, which is not comprised by the prison’s refusal to entertain his grievance.” Flick v. Alba, 932 F. 2d 728, 728 (8th Cir. 1991).

The trouble with this is that a mere five years later, 1997e changed the situation, making it so that the right to access the courts very much depends on the grievance process. Yet until after 2016, courts did not recognize this extremely obvious fact.

Finally, they did. “Given the close relationship between an inmate filing a grievance and filing a lawsuit – indeed, the former is generally a prerequisite for the latter – our jurisprudence provided a strong signal that officials may not retaliate against inmates for filing grievances.” Booker v. South Carolina DOC, 855 F.3d 533, 544 (4th Cir. 2017). Also, “The Second, Sixth, Seventh, Eighth, Ninth, Eleventh, and D.C. circuits have all recognized in published decisions that inmates possess a right, grounded in the First Amendments’ Petition Clause, to be free from retaliation in response to filing a prison grievance.” id. at 544.

There are lessons in the fact that it took the courts so long to recognize the obvious.

The courts move slowly. More importantly, they only move when pushed. Seldom does a court decide anything on its own, not even something as obvious as this. They generally wait for litigants to make arguments and decide if the arguments are good.

So it is essential that we all push the courts, not only for our individual benefit, but for the benefit of all. We must make even obvious arguments, even ones so obvious we imagine should have been raised a hundred times before us.

The PLRA was sold as intended to improve the quality of lawsuits, but what it really did was reduce the quantity. Doubtless this was the real intention. “Congress deemed prisoners to be pestiferous litigants” Kerr v. Puckett, 138 F. 3d 321, 323 (7th Cir 1998).

This has worked. Far too many legitimate lawsuits have been quashed. Increasing millions of prisoners have suffered in worsening conditions. The courts have only sluggishly moved to correct gross violations of civil rights. Prisoners fearing retaliation have not pushed them hard enough.

It is up to all prisoners to push the courts. Even though it seems futile, grieve and sue anyway. You may not be the one to win, but if we all work together, we can improve conditions for all of us.

MIM(Prisons) responds: We respect and admire this comrade’s resolve to fight the legal battles. Eir analysis of the value of making space for better conditions for prisoners through court battles is accurate. Courts are sluggish to respond to clear violations of rights, and certainly don’t take action unless pushed through a lawsuit.

It’s important that we also recognize that we will often lose court battles. For lack of funds, legal knowledge, political power, or just straight up bias, there are many reasons prisoner’s lawsuits fail even when the case is good and righteous. We can’t count on the imperialist courts to grant us liberty. But we can use them to gain some breathing and organizing space.

The trick is deciding when it’s worth the time and expense to pursue cases in the courts. When it really is a potentially winnable battle. MIM(Prisons) doesn’t have the legal resources to offer this advice. So we can only provide the broad guidance that everyone needs to analyze the balance of forces in any battle. Try to objectively evaluate our chances for victory, and what harm could come from defeat. In some cases, losing a lawsuit sets a worse legal precedent than not filing the lawsuit in the first place. But if you think you have a good chance at winning, and you have the resources to pursue an important case, then don’t just file a lawsuit. Use the lawsuit to educate others and rally them around the cause you’re fighting for. Build support and help for the battle, and tie it in to the broader struggle against the criminal injustice system so that everyone learns from this work whether this one battle it ends in victory or defeat.