Federal Prisons

In Jacksboro, Texas, Correctional Corporation of America unit offenders with disabilities are discriminated against per 42 U.S.C. § 12132. The use of solitary confinement on prisoners with serious mental illnesses at this jail does not meet state legal standards. Offenders rights under the Americans with Disabilities Act (ADA) as well as the Eighth Amendment are in dire straits. The Texas Department of Criminal Justice (TDCJ) fails to follow policy and laws. Offenders are in their cells 24 hours a day. I was placed in a psychiatric unit in Lubbock, Texas (Montford Unit) from February to September 2013, locked in a cell all the time. Then I moved to state jail and all my medications that I was given by TDCJ doctors were taken away and they told TDCJ they don’t allow that medication on this unit.

I am being given the run around fighting this because courts have ruled that private prison corporations are not a public entity merely because they have entered into a contract with a public entity to provide services. An instrument of the state is only a government unit or unit created by a government unit; as such, no title II ADA claims are applicable. The ADA does not apply to private prisons.

MIM(Prisons) adds: We have written extensively about the health effects of solitary confinement which is cruel and unusual punishment even for healthy prisoners. Those with mental health problems are even more dramatically harmed by this long-term isolation. Texas has a history of “treating” prisoners with mental illness with torture. We know that this isolation is a tool of social control in a criminal injustice system that does not care about the health of prisoners. Further, prisons use mental illness and labels, treatment and the withholding of treatment, as another tool of social control. We must fight this with our own institutions of mental health: education, persynal healthy practices, mental engagement and social interaction where possible. In addition to our educational programs and work connecting prisoners with the struggle on the streets, we distribute portions of the American Friends Service Committee’s Survivors Manual for people in control units. Write to us for a copy and for more information on how you can plug in to the anti-imperialist prison movement.

I am also working on my criminal convictions. I’ve navigated myself through multiple tiers of appeals. I really had a hard time exhausting all my state remedies in the Arizona State Courts. It took me almost eleven years to figure out, but most recently I filed my first federal habeas corpus petition in Arizona Federal District Court. I am requesting that the federal court appoint me a lawyer to investigate the possibility of state judicial corruption against the Tucson Police Department and the Pima County Attorneys Office. Last week I filed a Writ of Certiorari. This is a petition to the United States’s highest court; they only address issues involving “Constitutional magnitude.” I’m asking them to resolve the Constitutional question that was left open in Martinez V. Ryan, 623 F.3d 731, 132S.CT1309(1023) of:

“Whether a defendant in a state criminal case has a federal Constitutional Right to effective Assistance of Counsel at initial-review-collateral-proceedings specifically with respect to his ineffective-assistance-of-trial-counsel-claim.”

Because state law does not mandate Effective Assistance of Counsel during a convicted criminal’s Initial-Review Collateral Proceedings (Ariz. R. Crim. P. Rule 32), I’m able to believe that prisoners in Arizona are being discriminated against because they’re indigent and cannot afford effective counsel during their Initial-Review Collateral Proceedings. The United States Supreme Court only takes 3% of the cases filed each term, so the odds of them taking my case is nil, but imagine if they did. WOW, this would mean that a pro se litigant would have molded the law to conform to the needs of the oppressed here at the very bottom of society’s heap. A person is only as big as his dreams.

Fortunately, it does not end there. A Section 1983 Civil Rights Action prohibits a state from discriminating pursuant to the Fourteenth Amendment to the United States Constitution, which provides that:

“No state shall… deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the Law.”

The clause is “a direction that all persons similarly situated should be treated alike.”(City of Cleburne V. Cleburne Living ctr, 4730 U.S. 432,439 (1985))

I am determined to build a strong campaign to gain Injunctive Relief in a class action seeking to remedy the Sixth and Fourteenth Amendment violations caused by Arizona Rules of Criminal Procedure Rule 32’s past and continuing operations. Our actions, even if successful, will not demonstrate the invalidity of our conviction or sentence, therefore Section 1983 Class Action is the proper vehicle.(Wilkinson v. Dotson, 544 U.S. 74,82 (2005).)

If you feel you were denied Effective Assistance of trial council, and a Fourteenth Amendment right to effective assistance of Appeals Counsel for your Initial-Review Collateral Proceedings because either you did not have an attorney during your first Rule 32, or your Arizona R. Crim. P Rule 32 Lawyer was ineffective for failing to investigate Trial Counsel claims and/or other substantial right claims during trial, it would be important to draft out a notarized affidavit outlining the facts in your specific case and send them to the addresses below. If we’re able to gain enough affidavits, then we could proceed to present these facts to a federal district court asking them to appoint class counsel and certify our case as a class action. All we can do is try! In Strength and Solidarity, Revolution!

Send your notarized affidavits to:

Arizona Prison Watch
P.O. Box 20494
PHX, AZ 85036

Middle Ground Prison Reform
139 E Encanto Drive
Tempe, AZ 85281

Arizona Justice Project
P.O. Box 875920
Tempe, AZ 85287-5930

MIM(Prisons) adds: Please note to not send your affidavits to MIM(Prisons). We do not have the resources to copy and mail your affidavits to the addresses listed above.

We commend this comrade on discovering loopholes in the legal system and attempting to remedy them to the advantage of the most oppressed in this country. We encourage comrades in Arizona to participate in this effort to provide more legal support to prisoners in the state (at least on paper).

And we must remember that our struggle cannot stop there. While a successful habeas corpus case may help a prisoner to be released, a release is only as valuable as what you do with your time when you’ve made it outside. A recently released comrade wrote of the challenges s/he will face after h parole, and the difficultes s/he will have in carrying out political work, even though s/he is supposedly now “free.” The trend toward individualism of general legal counsel is one reason why the MIM(Prisons)-led Prisoners’ Legal Clinic only works on issues directly related to expanding our ability to organize, educate, and build toward an end to illegitimate imprisonment altogether (i.e. communist society). We believe people should fight for their release, but that they also should struggle for the release of the world’s majority from the chains of imperialism.

Related to the topic of carefully selecting our battles, we have written extensively on the limitations of focusing on fighting housing mentally ill prisoners in long-term isolation.(1) Some shortcomings of this strategy are legitimization of long-term isolation for not-yet-mentally-ill prisoners, and the fact that long-term isolation leads to mental illness in prisoners even if they entered isolation with sound mind and body. Of course we agree with the principle that mentally ill prisoners should not be housed in long-term isolation. But we take it further to say that no prisoners should be housed in long-term isolation, and we see no value in selling out some comrades on this issue in order to save others; eventually everyone held in long-term isolation will suffer mental illness. Abolish the SHU!

Understanding the historical foundations that imperialism rests upon, it’s not surprising that the Bureau of Prisons (BOP) has moved to censor MIM material at United States Prison (High-SMU) Florence, Colorado.

As a New Afrikan, and a native indigenous warrior, I strove to show a qualitative form of unity by creating a social-political educational study class with MIM material. However, in a classic predictable anti-social way the BOP censored our materials. By the will to outlast our captors we remain committed and courageous as we strive to expand our political awareness and sharpen our mental tools.

As we study European expansionism, conquest and imperialism we find that their art of politics easily turns into their art of war. By tracking the footprints of history we find the first thing to be seized, controlled and destroyed by European settlers and conquerors is the cultural, political and educational facilities and institutions of those conquered.

By studying the mechanics of imperialistic conquest, we find that to effectively colonize a people the colonial system must thoroughly entrench itself inside the minds of that subjected people. Thus, the educational system of that people must be replaced, and repressed with an anti-social educational system that reinforces a system of slavocracy.

The masters of the means of production fear a people armed with the social weapon of political education, because true liberation education is the well of hope and power that directs and harnesses the humanism of humanity. Education for the colonized is not static nor does it exist on a one dimensional level that’s academic in nature. Political, social and cultural education is forever in motion working in a dialectical relationship with materialism. Education is the catalyst for the process of decolonization.

Our brother Frantz Fanon noted: “Decolonization is the veritable creation of new men. But this creation owes nothing of its legitimacy to any supernatural power, the ‘thing’ which has been colonized becomes ‘man’ during the same process it frees itself…” Thru correct political and social education the “things” (i.e. the nigga, the pimp, the social parasite, the whore, the agent of fratricide and natural genocide, the gangster, the dope fiend, dope pusha, and every other reactionary element in our community) become true healers of humanity by finding a new sense of humanity within themselves. This is the powerful potential of education.

In Amerikkka it was a crime in the 1700s and 1800s for a slave to be able to read. We hung like strange fruit from trees for just picking up a book. This pervasive ignorance was a sturdy bolt in maintaining the system of chattel slavery, and we find the same system and pervasive ignorance in place today. So for a system that is bent on maintaining the present order of things it becomes a criminal act to possess and process any material that would induce a neo-colonial slave to bend these bars back, break these chains, challenge our minds, find our humanism and take our freedom. The class enemy understands that in the right hands, in the right minds, education would be a dangerous tool. It would become an anti-imperialist weapon of mass destruction and mass liberation at the same time. It would compel the “thing” to become “man”, break the chains and rise up and slit the throat of those who presently pull the levers of control.

Our captors work overtime to repress any tendency of the birth of new age Malcolm Xs and George Jacksons. They understand that these jails and prisons are our universities and finishing schools. They know and understand there is a living contradiction between the ruling class and those of us who wear the chains of neo-colonialism. And the imperialists also know and understand there is a scientific development of opposites that’s inherent in everything. Thus the material conditions will force the masses to bear the responsibility of solving the economic, political and social contradictions one day. So they can burn all the books, destroy all the libraries, kill all the wisemen, censor all the material they want, but they can’t stop liberation.

We educate to liberate!

A quote by Malcolm X found in MT7 struck me hard: “I’m not going to sit at your table and watch you eat, with nothing on my plate, and call myself a diner. Sitting at the table doesn’t make you a diner, unless you eat some of what’s on that plate. Being here in America doesn’t make you an American. Being born here in America doesn’t make you an American.”…“No, I am not an American, I’m one of the 22 million black people who are the victims of Americanism. I don’t see any American dream, I see an American nightmare.”(1)

I’m hard pressed to find an organization that’s “Latino” nationalist and agitating for the emancipation of what is currently the south western portion of the United $tates to become a nation itself.

These days you hear Latinos all throughout the United $tates clamoring for comprehensive immigration reform. Enough of this assimilation, and how about a call for what was once Mexico to return to its people. Whether this emancipated state will become part of modern day Mexico or form its own nation is for the people to decide for themselves. Those same people clamoring for immigration reform, who fail to realize that they are an oppressed nation within an oppressor nation, can’t help but feel as if they constitute a part of this oppressor class (white chauvinism). The policies that will be enacted due to their protesting and petitions will only hurt and destroy the Latino communities. As a people who are already stigmatized and oppressed, the crumbs of the white nation are counter to the ultimate interests of Latino people.

It’s no secret how the INS and ICE deport huge numbers of Latino people who only come here to make and earn a living. Some might ask: if Amerika is so fucked up why do you want Latinos here? Well if numbers are power then the more people we have the better we are able to form a revolutionary nationalistic party and arouse national sentiment in face of brutality. Moreover as burdensome jobs will go to those immigrants the better it’ll be to swell the ranks of the proletariat.

Most people these days are so jingoistic with Amerikanism that at the same time they wave the U.$. flag they wave their country of origin flag too, not grasping how NAFTA and trade relations with “south Amerika” are one sided and are to the advantage of the white U.$. middle class. Even within prison you hear prisoners clamoring of how great the United $tates is.

Oppressed nations must take notice that you are not what the U.$. constitution meant to defend, you never will be and it’s futile to think cheering and asking for reforms will free your nation. H. Ford Douglas put it nicely: “There is as much force in a black [Brown, red, etc] man’s standing up and exclaiming after the manner of the ‘old Roman’ - ‘I am an American citizen,’ as there was in the Irish man who swore he was a loaf of bread, because he happened to be born in a bake oven… I can hate this government without being disloyal, because it has stricken down my manhood and treated me as a saleable commodity. I can join a foreign enemy and fight against it, without being a traitor, because it treats me as an ALIEN and a STRANGER, and I am free to avow that should such a contingency arise I should not hesitate to take any advantage in order to procure indemnity for the future. I can feel no pride in the glory, growth, greatness or grandeur of this nation.”(2)

Much hype and media attention has been brought by the murder of the runner up of the Miss Universe, Miss Venezuela. News pundits like to point out that Venezuela had over 25,000 murders last year and is the world’s murder capital. The killing of any person through murder and greed is sad and tragic, but what the media fails to talk about is Amerika’s own murder rate.

Statistics for 2010-2011 from the FBI’s Crime in the U.S. report has murder and negligent manslaughter at 14,612. This is below the 24,000 murders in Venezuela, but it doesn’t account for murders committed by the U.$. armed forces around the globe. In the United States the number of forcible rapes for 2010-2011 was 85,593. This does not account for non-reported rapes as well as rapes in the military.

The government-mouthpiece media in the U.$. viciously portrays other country’s problems and flaws in order to keep the prying eyes of the world off the United $tates.

People the world over should strive to end crime in their communities. But most importantly people should understand that the grandfather of all criminals is the imperialist system here in Amerika.

They say “America is the land of the free”
But what about the millions
of people who are just like me
Locked in a cage for petty crimes
Don’t you see in this so called land of the free
a dead president’s face on a piece of
paper is worth more than you or me
And they say the U.S.A.
is home of the brave
What’s so brave about locking a
man in a cage
with nothing other than time
to bottle up his rage
There is some who are addicts
others who are mentally ill
And the answer to the problem
when society no longer wants us around
send us to a court so a judge can lay us down
But that judge is no better than you or me
He’s just as crooked as any other
politician you see
If you have the money he’ll let you go free
But if you’re indigent the outcome is
the millions of people who are just like me

Revolutionary Greetings!

On 21 May 2013 I filed a Section 1983 Civil Suit against Illinois Department of Corrections employees S. Rhone-Plaskett (Counselor), A. Winemiller (Correctional Officer), Jackie Miller (Administrative Review Board Representative), and Grievance Officer (John Doe) for the unconstitutional banning of the November/December 2012 No. 29 issue of Under Lock & Key (ULK).

This lawsuit is the second one that I have filed concerning the bogus banning of ULK and I expect to file many more in the future. This lawsuit is based on the grounds that the Defendants cannot substantiate the banning of ULK and that the banning of ULK violates my Constitutional Rights to:

1. Receive and own reading material;
   
2. Have freedom of speech; and
   
3. Have freedom of political expression.

Any material or support you can offer that would aid me in my battle against censorship in Illinois would be greatly appreciated. Specifically, I would count it a blessing if you would comb through your archives and send me anything you have regarding censorship of ULK in Illinois, especially the November/December 2012 No. 29 issue of ULK.

Filing lawsuits does work! Because of the pressure I have been applying by filing Section 1983s, I was allowed to have the March/April 2013 No. 31 issue of ULK, the first issue of ULK that I have received since November 2011. So keep your heads high and your hearts strong as we continue to fight the phenomenon of censorship. It is just another contradiction facilitated by the proletariat/bourgeois contradiction.

MIM(Prisons) responds: Some comrades in Illinois have been permitted to receive ULK without censorship, after much work on their end to defend their rights. In other facilities, it is still banned. Specifically, at Sheridan, Menard, Stateville, and Lawrence Correctional Centers, ULK is being censorsed for any reason from “banned in facility” (Stateville) to “promotes unauthorized organization activity” (Menard). Still, we are being banned without notice to publisher or prisoner (Lawrence) and mailroom employees at Sheridan inconsistently enforce a policy that labels are not permitted on mail pieces; we have yet to see this policy in writing in any official format.

Several prisoners in Illinois have stepped up to help out with the censorship battle in their state. We recently began engaging with these volunteers on an organized basis to help push this battle to a head. We need prisoners who are facing censorship to fight out their persynal censorship battles, like the author of this article has done. MIM(Prisons) and the Prisoners’ Legal Clinic volunteers can assist, but we can’t fight the battle for you.

The author of this article is correct that occasionally we will make gains, and expand space, for revolutionary organizing. We can use the legal system to make small reforms that make our job easier; for example, defending the right to receive revolutionary newsletters. But we don’t expect to be free of all censorship, as it is a manifestation of the battle between the bourgeoisie and the proletariat; it is a manifestation of the battle between the Amerikan oppressor nation, and the oppressed internal semi-colonies. We use the administrative procedures and courts when we can, but ultimately we know we can’t rid ourselves of censorship, or any other social ill, unless we resolve the root problem: oppression of the proletariat by the bourgeoisie, and oppression of the internal semi-colonies by the Amerikan nation. We can only make this sweeping change by throwing out the entire capitalist imperialist system itself.

It’s cold outside, yesterday we had ice on the ground, and lots of rain, and for a month now I have been without shoes. We are given clogs, which you know are not made for inclement weather. They have holes in the bottoms. I wear compression hose due to edema in my legs. The cement sidewalk eats a hole in them and medical won’t replace them for a month, the clogs I’m told have to be worn one year before they can be exchanged. The service life is one year, which does not take into account the weight of a person or his walking habits.

The medical department at Evans Correctional Institution is dysfunctional. South Carolina Department of Corrections (SCDC) hired a racist physician’s assistant as a necessary component to reduce prison medical expenditures. Finally after letters to the medical board, Senators, filing grievances, talking to other prisoners who experienced problems with this same physician’s assistant, prompting them to engage this fight against intolerance, he finally moved on. SCDC only hires those with less than perfect records, the last doctor was barred from practice in 3 states (Dr. Paul Drago #9700531). Now the nurses are taking up where they left off, we’ve had three deaths that I know of and it’s not getting any better.

The food is mostly a mystery meat that is supposed to be turkey, which used to come in a box that read “not for human consumption.” Now we have the same meat, in a different box. More often than not the food is cold (not serving temperature), prisoners are given the wrong size portions, some more, others less. Food supervisors just come for the pay check, and we get 6 minutes to eat. Some prisoners say they are going to bed hungry. The others that can afford it go to the canteen where most of the food is high in price and salt.

MIM(Prisons) adds: We looked up Dr. Drago and found that he was a plastic surgeon before working at the prison, not exactly the specialty needed there. But after having his license revoked in multiple states, this was likely the only job he could get. This is how little we value the health of prisoners: subjecting them to the “care” of doctors who are deemed unfit to practice medicine outside of prison.

Health and health care are generally available in direct proportion to people’s wealth and status under imperialism. Those at the bottom are lucky to have access to any medical care, and live in conditions that lead to greatly reduced life expectancy. The life expectancy in many African countries is less than 60, and those doing well are in their 60s, while imperialist countries of the world enjoy a life expectancy in the 80s. This discrepancy is killing people, lives that could be saved with a more equitable distribution of resources and education. Prisoners in the United $tates share the interests of the oppressed in the Third World in the fight for access to health care and safe and sanitary living conditions.

We are now in discovery since the judge refused to throw out the prisoner beatings lawsuit. This case is getting some press, and the Herald Sun reported: “The judge made a not so veiled reference to the practice of punishing inmates by locking them up in dim solitary units.” The judge said “your case is about sunlight where you claim there were systematic violations” to the lawyers for the prisoners. “What we need to do with this lawsuit is not bury it in a deep, dark hole and proceed with discovery.”(1)

So one damn thing for sure we got a judge on our side. The same way they have taken from us (a little at a time) we all can do the same to them. It’s just a matter of team work.

MIM(Prisons) adds: This is a good example of a winnable court battle that will result in some improvements in safety for prisoners. But it will not stop the inhumane abuse that continues throughout prisons in North Carolina. This is an ongoing contradiction of our fight against the criminal injustice system at this stage: we take on reformist battles to try to improve the conditions under which our comrades suffer, but we know that these reforms offer no more than minor adjustments to a system that is based on the oppression and suffering of those locked within.

It is ironic that the prisoners in North Carolina have to go to court to fight for their own safety within prison, while the state’s justification for every repressive act is “safety” (including North Carolina’s excuse for censoring Under Lock & Key for over three years straight). This exposes the reality of the criminal injustice system: a brutal tool of social control that endangers the safety of all who are captured in its broad nets. We need to take advantage of reform battles like this one, both to gain some breathing room for our comrades and to educate others and build unity. We can’t end the abuse until we eliminate the criminal injustice system, but these reformist battles are important steps along the way in our ultimate fight against imperialism as a whole.

No. I do not believe in your government
never have never will
No. I do not support your wars
for your greed i will not kill
No. I will not sit back and shut up
nor play deaf, dumb and blind
No. I will not hear what you say
you can’t corrupt my mind
No. I will not teach my children your hate
nor will i teach them your lies
I can see your true colors through your
red, white, and blue disguise
No. I will not go to your church
nor will i read your bible
No. I will not worship your god
fake prophets, a book or an idol