Federal Prisons

It’s been over a week since we got the news on the settlement of Ashker v. Brown.(1) For a case that is so central to what we do as an organization we’ve taken our time to respond. We’ve read and re-read the legal documents and listened to the celebratory news coverage of the settlement. Yet our reaction remains the same, deep disappointment.

The settlement is a victory for the California Department of Corrections and Rehabilitation (CDCR), and it knocks out one of the three main legs of the campaign to shut down the SHU – the courts (the other two being public opinion and prisoners organized around their own interests). This case had a lot of the known anti-isolation lawyers and some influential long-time SHU prisoners behind it. It was an alliance that will be tough to beat any time soon.

The Maoist Internationalist Movement, along with many other organizations, has spent decades campaigning for the end to long-term isolation in U.$. prisons. We have long countered the public who question us with, “what is your proposed alternative?” with the simple answer, “not torturing people.” Ending long-term isolation in U.$. prisons would be a simple reform that unites the lowest common denominator of prison reformers. Almost everyone agrees we should end torture, and that is reflected in the ongoing movement to do so. It is only the fascist-leaning cop-lovers and state bureaucrats that oppose the call. Actually, in many states the state bureaucrats support ending long-term isolation.

Yet through all the years of struggle here in California, somehow the CDCR has succeeded in painting the ending of torture as the extreme option, with the recent settlement as the sensible compromise. But they are wrong: the extreme option is overthrowing the state and replacing it with one run by the oppressed, where the real killers and exploiters are imprisoned and taught how to live collectively with other humyn beings, not thrown in isolation. Ending torture in prisons is the most basic, sweeping reform that would actually improve the conditions in U.$. prisons.

According to the New York Times, prison directors have become more supportive of reducing the use of solitary confinement after a man who spent 8 years in isolation was released in 2013 and went to the house of Colorado’s prison chief, Tom Clements, and shot him dead.(2) Yet reducing the number of people in long-term isolation only serves to extend the life of its practice as it affects less people and there is less outrage. This reduction also suggests that some people still deserve to be tortured. That is why MIM(Prisons) has never supported measures to get only certain groups out of long-term isolation.

The Ashker settlement has been heralded as “effectively ending indefinite long-term solitary confinement” and “setting strict limits on the prolonged isolation of inmates.” Yet in the actual settlement we read,

“CDCR shall not house any inmate within the SHU at Pelican Bay State Prison for more than 5 continuous years. Inmates housed in the Pelican Bay SHU requiring continued SHU placement beyond this limitation will be transferred from the Pelican Bay SHU to another SHU facility within CDCR, or to a 180-design facility at Pelican Bay. Inmates who have previously been housed in the Pelican Bay SHU for 5 continuous years can only be returned to the Pelican Bay SHU if that return has been specifically approved by the Departmental Review Board and at least 5 years have passed since the inmate was last transferred out of the Pelican Bay SHU.”

That’s it! That’s the extent of the “strict” limitations on long-term isolation in California. So if you’re in another SHU, or Ad-Seg or some other unnamed long-term isolation situation, which about 14,000 of the over 15,000 in isolation in California are, there are no limits.(3) If you’re in Pelican Bay you must move to another SHU after 5 years. Five years later you can come back. Alternatively, you could spend 4.5 years in Pelican Bay, 2 months out, then go in for another 4.8 years, and on like that for the rest of your life. Does this really address the Eighth Amendment claim by the plaintiffs of cruel and unusual punishment? The length often cited for having serious mental affects on humyns is in the range of 15 to 30 days!

Now with the new Step Down Program prisoners are supposed to have a way to return to “a general population setting within three or four years.” So the class of prisoners being represented in this case, those who have been in the SHU for ten or more continuous years, are being addressed adequately according to those who agreed to this settlement. But even moving forward there are exceptions for Administrative SHU Status, allowing people to be held as long as CDCR deems necessary.

There is one progressive concession given in the settlement: “CDCR shall not place inmates into a SHU, Administrative Segregation, or Step Down Program solely on the basis of their validation status.” Additionally, “CDCR shall modify its Step Down Program so that it is based on the individual accountability of each inmate for proven STG [security threat group] behavior, and not solely on the inmate’s validation status or level of STG affiliation.” Finally, as a result of an ending to the indeterminate SHU sentences for prisoners “validated” as members of prison gangs, in the next year “CDCR shall review the cases of all validated inmates who are currently in the SHU as a result of… an indeterminate term that was previously assessed under prior regulations…”

This addresses the Fourteenth Amendment claim that the CDCR was violating due process with the validation system and the use of group punishment, at least somewhat. As we saw a couple years ago, the new STG policy actually opened up STG charges to a wider range of organizations than was covered by the previous validation system. The supposed upside is that the rules require actual STG behavior by the individual to justify placing someone in SHU, not just association. Yet, in the new SHU Term Assessment Chart we see that “Recruiting inmates to become an STG affiliate” is a SHU punishable offense.

As mentioned above, this settlement seems to eliminate the judicial strategy of ending solitary confinement in California for the near future. But it also strikes a huge blow against the strongest leg we have to stand on, the collective organizing of prisoners. Turns out, under the settlement you can expect to spend 12 months in SHU for “Leading a disturbance, riot or strike”, and 6 months for “participation in a disturbance, riot or strike” or “Inciting conditions likely to threaten institution security” (for those not aware, the latter was a common charge made against those who peacefully refused food in recent years to protest long-term isolation in California prisons).

They are outlawing peaceful protest, and non-violent, passive resistance for the prison movement. Amerikans criticize other countries that torture people for peacefully protesting the government that is abusing and, well, torturing them. How is it that leaders in the prison movement have signed on to this?

As we have previously reported, the new STG policies still give prisoners points for things like tattoos, greeting cards and talking to certain individuals. So it is not really true that you can no longer be punished for affiliation. Abolishing this practice was part of the 2nd demand of the hunger strikes.

As a result of reviews (which were mostly underway before this settlement anyway) we have a number of comrades who are getting out of the SHU right now, without having to debrief (snitch). This will no doubt be a positive thing, as we expect many of them will stay politically active in their new locations where they will have more opportunities to reach out to others. Yet at the same time we’ve already seen the next generation of prison leaders going to the SHU. It seems that the youngsters are getting thrown under the bus here.

So this is a wake up call to those not yet in the SHU. In July 2013, 30,000 prisoners stood up against long-term isolation, recognizing their common interests in this demand, even though most of them were not housed in isolation themselves. This was an amazing demonstration that epitomizes the progress made over the last 5 years or so to consolidate the prison movement in California. This continues to be celebrated in the form of the Agreement to End Hostilities and the countless commemorations taking place today, September 9th, in the spirit of peace and solidarity in commemoration of the Attica uprising.

As this settlement was released, public statements from CDCR celebrated it as a continuation of their plan to reform the system after the SHU successfully broke the prison gangs that had taken over. Yeah right. These prison gangs were encouraged by the state who teamed up with white nationalist prisoners to oppress New Afrikans, and later enforced the north/south divide on the Chican@ nation. The continuation of and expansion of united action around the Agreement to End Hostilities is crucial to preventing the CDCR from returning to that status quo.

Leading up to the recent settlement we had one comrade building for a new wave of hunger strikes. As this settlement does not address the most important of the 5 Core Demands, ending conditions of isolation for all prisoners, this call remains valid. And while we’ve always warned comrades to build outside support for such actions, one lesson we can take from California is that such actions must be organized on the inside. Even California Prison Focus, who has been visiting prisoners in the SHU for decades, and who has lawyers with privileged access to their clients, was in the dark during the hunger strikes until the CDCR decided to pull in outside mediators. As always, MIM(Prisons) is committed to supporting the organization of prisoners and fighting to defend the First Amendment rights of prisoners (and ourselves) of speech and association. The ending of a policy that allows the state to torture people for belonging to certain organizations was a blow against the excessively repressive policies of the CDCR in relation to the First Amendment. With this settlement we find California in a similar situation to most of the rest of the country, where torture continues to be the method of choice for population control of the oppressed who do not walk in step with the oppressor.

And so, the struggle continues. Until solitary confinement is abolished, shutting down control units will be a central campaign for MIM(Prisons) and United Struggle from Within.

8/15/2/2015
For Sept. 9 this year my comrades and I are organizing a hunger strike to make the pigs start cleaning our unit. We live in a controlled unit that doesn’t allow porters, leaving the lceaning up to the pigs or custodians. But they never do it so we are forced to live in filth.

9/10/2015 update:
Update on my Sept. 9 hunger strike. The pigs conceded and cleaned the unit.

On top of that I had 15 copies made of the grievance campaign petition and had two comrades join me in flooding thelisted offices with them. I provided the postage for them all since they are stingy with the indigent envelopes here. I also led a small group in which we went over the history and importance of September 9 and enlightened a few who were unaware of the struggle. I broke my fast at midnight a few minutes ago so now I’m going to spend some time in contemplation and get some zzz’s.

On 19 July 2015, “B” Facility Captain P. Sullivan and agents under him unlawfully confined the whole population to a cell for a Crips, Hoover Melee for 10 days, without no disciplinary action of due process pursuant to CCR, Title 15 & 3312 (3). Instead they stepped out of their scope of duty as a peace officer, to subject “B” Facility’s whole population to corporal punishment, which is a violation of CCR, Title 155 & 3281, and a known terrorist act.

On 3 August 2015, “B” Facility Captain P. Sullivan and agents under him unlawfully confine “B” Facility whole population to a cell again for Crips/Hoover melee, without no disciplinary action or due process pursuant to CCR, Title 15 & 3312 (3). Instead they stepped out of their scope of duty as a peace officer again to subject “B” Facility’s whole population to more “corporal punishment,” which is a violation of CCR, Title 15 & 3281, 3322(a)(c), 3330(a)(e), and 3331(h), and a known “terrorist act.”

Everybody is being punished again for Crips/Hover problem. Also, we are being denied yard, service, canteen, dayroom, packages, and phone calls (see attached program status reports).

California Department of Corrections and Rehabilitation, Salinas Valley State Prison, Warden W.L. Muniz and agents under him are fostering the code of silence to mock their own policy and procedures, CCR, Title 15 & 3001, 3004(a)(c), 3291(a), 3322(a)(c), 3330(a), 3331(h), 3391(a), and 3413(a)(2); in order to commit terrorist acts of torture.

A Colorado Springs city council will vote to approve a city ordinance that will fine $2500 to all homeless who are found laying or sitting in front of a business. Many who support this claim that it provides better safety for the community and will increase the property values of stores and restaurants in the area.

A few days prior to this the town of Monument, Colorado successfully blocked the building of a methadone clinic in the area, arguing that it would cause a “decrease” in property values and bring a new “wave of crime.”

For me, I see this in two ways. Number one, as the richest country on earth, we all still see that basic human needs, such as food, housing and clothing are privileges and one has to choose to engage in the so-called free market to attain these things. The very contradiction in this not withstanding, when one isn’t able to have a job, is homeless, begs for food and maybe on drugs, the number one solution is to enforce their way out of it. Place the homeless in jail, that’s smart. Let’s not develop independent programs that view these homeless as humans that need healing to be a strong part of society.

The methadone clinic run off is a disgrace. Methadone is to help people get off heroine, the fact that a higher crime notion can be spoken of here is a joke. People act like when methadone clinics, or homeless shelters arrive in their communities that a wave of crime will suddenly appear. Why is it easier to jail us, rather than to have compassion and tolerance? Well in a capitalistic based class society, homelessness and addicts are contradictions in the system. Of course they can say that we’re lazy, or choose to be this way, but according to economics, we are not choosing anything.

Lastly, social sicknesses can’t be blamed upon individuals, and using jails or fines to remove a section of the population will only force that population to move elsewhere. One day these cities in Colorado will have to deal with the homeless as humans, with human and civil rights, until then the class struggle will continue.

MIM(Prisons) adds: This comrade is correct that homelessness and drug addiction are problems of capitalism. Opium (which heroin is made from) addiction was a widespread problem in China before the revolution. The Chinese Communist Party attacked this problem by eliminating the supply and offering people engaged in distribution alternative employment. This approach attacked the problem at its root. And by giving people employment and health care they had both the resources and the incentive to stop using drugs. This communist approach values all humans and sees the potential contribution everyone can make to society, rather than writing off some as the dregs who have no hope for anything better in life.

The enclosed disciplinary report states:

“Description of violation: On May 8, 2015 at 6:10 p.m. in accordance with Administrative Directive 10.7 I, Officer Lorenzen, reviewed an outgoing letter written by Inmate XX. In this letter Inmate XX shows his continued affiliation to the Security Risk Group Bloods by using a total of six five pointed stars which are identifiers used by the Bloods. Twice in this letter Inmate Patterson replaces the letter ‘C’ with the letter ‘K.’ This occurs on the bottom of the first page of the letter where he writes ‘Afrikans.’ The second place this occurs is on the third page of the letter where he writes ‘Amerika.’ This shows disrespect to the Security Risk Group Crips and is a behavior clearly associated with the Security Risk Group Bloods.

“Inmate XX makes the written statement, ‘As of now as the leader of our study group…’ This statement clearly shows that Inmate XX recognizes himself as holding a leadership position over other Security Risk Group Members. In the letter he also states, ‘We meet twice a week during our recreation period for 15 minutes…’ This statement further shows that he is recognized as a leader of Security Risk Group Members that have the same recreation period as him.

“The use of letter replacement, five pointed stars, as well as leading and organizing Security Risk Group Members are behaviors clearly associated with a Security Risk Group which is a violation of Administrative Directive 9.5. For this Inmate XX is being issued a Class A Disciplinary Report for Security Risk Group Affiliation.”

The prisoner’s appeal was denied.

MIM(Prisons) adds: We will support this comrade in eir righteous battle to have basic Constitutional rights recognized. Whether you’re Maoist or Crip, the way you spell can get you punished in the U.$. injustice system. And organizing others to come together to study, well that is a very serious offense for the most oppressed in the good ole’ U.$.A.

The grand jury is a mockery, no matter all white or all black
Psychologically conditioned into seeing all pigs as right and exact
Just like a trial jury, the state can never be wrong
The state’s not trying to indict, they’re only playing along, singing a song
To keep the people pacified and from raging against the machine
It’s a police state, a black persyn’s life ain’t worth a thing
They can kill us but we can’t kill them, what kind of justice is that
How can we free the people with all this warring against us Blacks?
“No Egalitarianism, No Peace!” this double standard of law must stop
Calling us extreme for us only responding to them extremely peeling our caps
Leaving it to their mock grand jury like leaving it to their mock god
Til we show them what we’ll do for our blood, we’re scarred
We must do more than just protest, we must boycott
We must organize and educate and revolutionize believe it or not
We are the only people that the constitution don’t protect
Shooting us down now is equivalent to ropes around our necks
They’re killing us while screaming they’re in fear for their lives
They pick the fight then go to crying, telling lies
Bullies, that’s all they are, goons for the rich
Take their guns and badges away, they’ll run back to the sticks
6 conscripted pigs on one Black man, chokehold him to death
And his family is screaming for calm, that’s all we get
“Burn it down!” Michael Brown’s step dad said
Look how quick he was about to face indictment, as a threat
Amerikkka fascinates us but infuriates us more
You’re an Amerikkkan if you’re not against Ms. Justice and her so-called law
Having all Black pigs won’t make a difference either
Because their oath is to the anti-egalitarianist imperialist agenda
We are not supposed to fight back or take a stand
Just accept our inferior status, know our place and stand in it looking grand
It’s not angry, extreme or wrong to kill an innocent black man
Criminal background or not, 12 or 90, blam blam
Not only in Amerikkka but in many distant lands
Bombing innocent wombmen and children in Afghanistan
But one of theirs get killed they go Amerikkkan Nam
Oppression is oppression here, there and everywhere
Apartheid is apartheid, in Azania, Palestine or Amerikkka
We are occupied by imperialist forces, we can’t afford to bow
The pigs want beef, we gotta bring the whole cow
Egalitarianism now, yes right now

I’m writing to y’all from the Special Management Unit (SMU) in Jackson, Georgia which is about ten minutes outside Atlanta. This is my second correspondence to MIM(Prisons) and the type of prison I’m at seems to be a focus of yours. It is classified as a “Tier 3” SMU, housing the “worst” 190 captives in the Department of Corrections, which boasts an insane 70,000 prisoners throughout the whole state.

These people are so very corrupt. Just a few hours ago, the pigs, mostly Black, took the Muslim boy out of the cell next to mine for a “meeting.” Those meetings go on in a side room somewhere and usually they end in brutality. When they were bringing him back they were beating him as they dragged him toward his cell. It’s on camera if the cameras in the cell house actually record.

When they got him into his cell I could hear him choking and trying to scream. Also, I could hear what sounded like fists or feet hitting skin. He was in handcuffs and shackles. I’m Aryan Nation and my loyalty is to my people, but I’ve got the sense to know that if they’ll do that to my neighbor they’ll do it to me. My modus operandi (M.O.) is brutal violence toward police and other convicts. So when I spoke up and said that if they didn’t stop torturing that man where I could hear it I would stab or cut every pig that came to my door at every meal, they stopped beating him. This type of stuff is the norm at Jackson SMU.

I want to emphasize the importance of unity behind these walls. We divide ourselves by race and gangs and the pigs throw gasoline on the fire. Just today a Black officer called me a “fake white supremacist” for sending a Blood (Black guy) some books and magazines.

I’ve picked up on some undertones in MIM literature that targets whites as the enemy or people responsible for the oppression behind the injustice system. It’s not just whites anymore; it’s Black, white, Hispanic, Asian, etc. The prison injustice system is a mindset that can’t be defined by race. We’ve got to point the finger at the mindset, not the groups of people that we want to blame.

Every prison I go to I preach unity and people respond, because if the Aryan Nation is willing to unite then nobody else has any excuse. Race is the biggest problem in the South; it’s what divides us the most. I’ve done time in the Midwest and those prisons have overcome racial division. We may eat at separate tables there, and play sports on separate courts, but when it’s time to come together for our rights there are no racial, religious, or gang lines.

I don’t know much about Maoism but I know about the struggle that your ministry is fighting against; I’ve been living it for almost eight years. I’ve written to y’all to try to inspire unity amongst everybody, not just the non-whites. I passed on the only ULK I’ve received so I don’t remember your mission statement, but I do understand a little and I support y’all and respect what I do understand. Please continue to send me ULK. I’ll write after every issue just to put my views in on the struggle. Also, I’ll be sending in 10-20 stamps as a donation very soon.

MIM(Prisons) adds: Just as oppressed nation people have integrated into Amerika economically, they have integrated into the police and prison staff, as well as other parts of the criminal injustice system. The United $tates even had a Black president; it’s obvious that oppressed vs. oppressor is not split on “color” lines. Still, there is a history and present reality that shows Amerikkka is vastly a white oppressor nation.

For those who have integrated into the oppressor nation, we no longer refer to them as New Afrikan; instead they are “African-Amerikkkans.” Our opposition to oppressors is not limited to just those of European descent. But we see that national oppression happens with an oppressor nation on top (the predominantly and historically white Amerikkkan nation) and others on the bottom (oppressed nations) and so we do make scientific generalizations about these nations.

We’re with this comrade that our unity also can’t be limited by identity politics. We don’t exclude potential comrades just because they’re Amerikan, and we don’t trust potential comrades just because they’re not. Those who do come from an oppressor nation will need to commit nation suicide and work against the interests of their nation. Those who come from oppressed nations need to show that they are not trying to simply integrate with the oppressors, like the Corrections Officers this comrade refers to. Those integrators are our enemies just like the Amerikkkan oppressors are our enemies.

Kidnapped, tortured
Held against my will
Humiliated, degraded
Until I can no longer feel
Blood, revenge
Is all I seem to see
33 strategies of war I plan to forge against my enemy
Isolation, frustration
The moment I got caught
Plan, reflect
Became natural in thought
Learn, study
For the upcoming sequel
Fight, sacrifice
For the liberation of the people!

As we’re all aware, in order for the end to hostilities to become a reality, all prisoners should promote it or encourage it to other prisoners who are just arriving to the system. In my location (Pelican Bay SHU), all have adhered to “ending hostilities” even though it’s been evident the pigs have tried to crack it by putting certain prisoners in compromising circumstances, such as opening the wrong cell when one comes back from yard. It’s done in a manner that’s obvious. I’ve witnessed this happen at least 3 times in a year, but with no incidents as all are adhering to the End of Hostilities!

Now that a federal oversight to release SHU prisoners from indefinite solitary confinement has been implemented we can only anticipate CDCR to create scenarios where prisoners will be placed in vulnerable or compromising circumstances in order to report incidents to the federal courts to justify their need for suppression. Over 1100 prisoners have been reported to have been kicked out from solitary confinement, yet the proposed actions will be of releasing many into small units or yards of their own just like main lines, but integrated with validated released SHU prisoners.

The news is fairly new, but what we know is that we’re all being released and there is now a time limit on how long we can be housed in solitary confinement! All was made possible through a collective effort and peace building!

Although September 9th is a historical day in prison history in California prisons, we now have a July 8th where we can reflect on to see our efforts transcend expectations.

To sum up in my area the end to hostilities is adhered to and a lot of class conscious conversations are constantly being addressed. Everything pertaining to prisoner rights to the abolishment of solitary confinement is a hot topic where ideas are matched, debates and polemics are welcomed with respect. Our lives are affect by all our actions. It just helps more when we’re all on the same page. I cannot say that a grand meeting will be held on September 9th or anything else as we do have class consciousness, but not all are receptive to political/revolutionary discussions and being that my unit is very small, I will probably be the only one participating in a solidarity fast on September 9th. My revolutionary solidarity goes out to all other USW comrades.

I’ve told every CO or ranking officer about my sink not working. I haven’t had any drinking water in almost a month. I’ve been in this cell without a light for about 3 months. They are lazy and won’t do anything unless they have to. This unit should have been closed down years ago. The plumbing sucks everywhere. The medium custody blocks are always dirty with discarded food, trash, bird crap and so on. The environment we live in is completely nasty.

I used to write grievances and found out real quick they don’t work at this unit. The COs and ranking officers and wardens come together and tell their stories and everyone believes them. The grievance people believe every word they say and don’t do any other investigation. It’s not right. People give up writing them cause they get discouraged. I know cause I’m one of them. But I’m sick of them always winning even when they are in the wrong. I would like some help and advice on how to write them up. Please help me?

I also just found out that our property has been in the gym since 2 July and people’s property was stolen. That’s why we haven’t got our property back. The windows on C-block where I live are broken and left there in the frames, putting us at risk of being cut.