Smith State Prison - Federal

I’ve been retaliated against by correctional officers that are gang affiliated. on 12 January 2023, the Court found I arguably stated viable retaliation and failure to protect claims against Telfair State Prison (T.S.P.) correctional officers.

On 30 March 2023 out of retaliation I was transferred to an even worse prison with a very high murder rate.

Upon arrival on 30 March 2023 here at Smith State Prison (S.S.P.) I tried to request protective custody and was denied by Warden Beasley, who was a Deputy Warden at T.S.P. On 18 April 2023 I filed an emergency motion to be placed on protective custody, but was denied and my family was forced to pay for protection for me while I tried living in General Population so that I could have access to the law library.

Since I arrived at S.S.P. the law library has been completely unavailable. I started requesting case law on 2 April 2023 and have not been to the law library not once nor has any of my requests been filled. The shortness of staff and high murder rate has kept the prison on complete lockdown.

On 8 December 2023 I received a court order notifying me of the consequences if I failed to make a sufficient showing in an opposition to defendant summary judgement. I did in fact support an opposition without access to the law library. I explained to the judge in a request for an extentsion of time that I didn’t have access to the law library. I was granted the extension without the judge questioning why the law libary was unavailable.

It’s more war against each other but if it comes down to it some camps will ride on those pigz because everyone ain’t for it but the trick is we will not stop spending our money with these clowns. If we stop spending on shit they create then we may get the attention we stand for.

Me for example, on November 16, 2017 on breakfast trays there were maggots in the potatoes so I refused all my trays but I get a diet sack 3x7, which means 3 meals 7 times a week. Okay I must admit I did get my diet sack on November 18 but I heard an office say oh you refuse trays but don’t refuse packets? So I thought maybe I need to refuse them as well. So I did. I only went to medical once, that was November 20. Said I was normal upon Nov 20 til Nov 30 I went without nothing. So upon December 1 I never spoke with noone and noone came to speak with me but this fake ass mental health counselor. I told her I haven’t eaten she then said that’s my choice. It’s nothing she can do for me.

So on December 1, 2017 I went to the stone because I then notice they will not help me. I didn’t intend for a hunger strike but I feel I had to act some way. Deputy Warden took pictures of the whole thing still bringing the same trays. These people have brothas living in strip cells who haven’t did shit to be in there. Strip cell you can’t flush your own toilet imagine you make the officer mad? Man these people done put these young dudes on strip cell for yelling out the door only to get attention of the warden to speak with him but they was put in a shower for numerous of hours like 10-6pm and then taken to a room and strip with no clothing no paper gown no socks, crazy shit, but this is how we want to live. Free every mentally power brotha and sista who fight for their cause. I stand and fall for you and with you.

I’m writing to give you a brief story of my struggle in this Tier program in Georgia. Now we are not allowed to have cups of chemicals to clean our cell with, it’s done by whomever running showers in which they are to spray our toilet down with chemicals. But they stretch with water so it’s no chemical only more water. You go around and spray 48 cells only twice a week then come with the broom and mop on another day. Now i wonder why all of a sudden we can’t clean our space as in when we really need to during the week as well as on the weekend its all controlling.

Issue #2 now all of a sudden during a search on us it usually be lift our sack show your feet, hands, squatt and cough. Now it’s lift you sack show your feet, hands, and spread your cheeks. Yes they want a grown man to spread his cheeks while these offices look at at you. Now if something ain’t wrong with that picture I don’t know what you call it. These people are mental sexually assaulting us daily.

#3 I’m next door well i was next door to this dude from Colombia and he was going through his crisis so the officers kept on teling him they would get him some help. For 2 days he ask them to get in touch with mental health. So he got fed up at dinner time. He didn’t let the office close the flap back so the officer tried to call on the radio to Sarge Lt or OIC. Well this officer didn’t get a response so he lost his cool and threw the lock at the inmate as well as trying to break the inmates arm or push it back in the flap.

After the incident took place the officer claimed the inmate tried to grab him by the shirt. But yet it’s a camera in the dorm more like 3 of them. Guess what, this officer was gone for a good week. Now today 4/12/17 he’s back like new. I don’t deal with the Colombian dude period. He took it upon himself to say I was a witness without even asking me. Instead of fighting with him verbal I only did right for a brother in the struggle such as me. I wrote a witness tatement on his behalf and still haven’t had 2 words to say to this broher. It’s more of a business to stand with my brothers in these predicaments that we are in. I’m a loyal team player with ULK.

[In December 2014 MIM(Prisons) received this petition against the Tier II program from two different comrades, with almost thirty signatures. Considering these prisoners are organizing in extreme conditions of isolation and sensory deprivation, that number of signatures is impressive. We publicize this petition as part of our overall struggle to shut down Control Units in prisons across the country.]

We the People petition

We the people (jointly and severally) come together to petition the government for a redress of grievance, pursuant to the Bill of Rights, “Amendment I” of the Constitution for the United States of America. Furthermore, we the people assert the rights set forth in “the Universal Declaration of Human Rights” (UDHR), adopted by the UN General Assembly on December 10, 1948. More specifically, we assert the rights set forth at Article 1-8, 18-22, 26 and 28 of the UDHR.

We the people now move to set forth the factual basis for this petition. Fact, on December 7, 2014, at approximately 10:45pm, a man [inmate] “died” inside of the J-1 dormitory (cell #124) at Smith State Prison. It is stated that the man/individual committed suicide. The examiner and/or coroner pronounced the man officially dead between 11:30pm and 1am.

We the people believe (with strong conviction) that the Tier II Program (behavior modification program) is the root and cause of the death. During our examination it has been determined that there are numerous “factors” that must be evaluated, and has been evaluated in reaching our conclusion that the tier II program is the “root and cause” of the “death.”

Factor #1: The Tier II program is a mind and behavior control program for prisoners, via long term deprivational isolation and segregation, which is a form of psychological, mental and emotional torture/suffering.

Factor #2: The Tier II program is intellectually, mentally and creatively stagnating. People/human-beings [prisoners] are prohibited from receiving any and all books, magazines, newspapers, novels, articles, etc. We are forbidden to read any and all books, magazines, newspapers, novels, articles, and all other forms of reading material [the only exception being a bible or Qur’an; either or, but not both; we may choose one or the other]. This prohibition on reading causes “stagnation” of the mind, which in turn, turns man back into what men were before civilization [barbarians, cavemen, and savages]. To not want people/human beings to read and or have access to divers reading materials is self evident that the goal of this program is not progressive and rehabilitating, but instead, by design it is regressive and debilitating. Reading is fundamental [fundamental to growth, improvement, learning, success and life itself, etc.] No one can put forth a logical explanation for prohibiting reading and forbidding reading. No one can provide evidence that prohibiting reading serves some good cause or rehabilitation. All evidence is contrary to that thesis/theory.

Factor #3: The Tier II program isolates and separates us from our families and loved ones. Most individuals/people placed on the program cannot receive visitation because of the way the program is designed. Most people cannot use the telephone because of how the program operates. For a vast majority of us, the “only way” to contact and or connect with our families or loved ones is the letters. We must write letters; we correspond through the mail back and forth. Mail correspondence is the only form of communication for the majority of us.

Factor #4: The Tier II program is a health hazard. The conditions of confinement are a violation of the 8th amendment (cruel and unusual punishment clause) of the Constitution for the United States of America. The food that is served is nutritionally inadequate. Everyone (all of us/all the people) that are on the Tier II program has and/or is losing weight. Some of us have lost a lot of weight, while other have only lost 10-15 pounds (since being on/in the Tier II program). But all of us are losing weight, and have lost weight. Also, the food that is served is often unclean and thus unhealthy. The milks are often spoiled. The “meat” is often raw or old (spoiled). The food in general is old (half of the time). The trays that the food is on are always filthy/nasty, as if they have not been washed. The filthy ways contaminate the food that is placed on them. We have no choice but to eat it or starve. (On phase 1 and 2 of the program we cannot purchase any food items from the commissary/store.) No clean water is passed out or given to us. We are forced to drink out of old, nasty sinks, with rusty spicket/faucet.

Sanitation: The showers are always filthy and disgusting. When I/we enter into the showers, often there is hair (shavings), urine, semen, (sometimes) blood, feces and other bodily filth. Cells have bugs, rats, roaches, ants, spiders, and other unknown species of insects or bugs. In the summer time the flies and gnats are overwhelming. We are only allowed to clean out the cells 1 time a week and sometimes 1 time a month. (But according to GDOC standard operating procedure cells are supposed to be clean at all times.)

Exercise (yard call/outdoor recreation): We are denied and or deprived the opportunity to go to outdoor recreation and exercise (which is a judicial-constitutional guarantee - for prisoners; see Spain v. Procunier, 600 F. 2d 1490 (9th Cir. 1984) and a plethora of other federal cases). Yet and still they deprive us of outside recreation/exercise for months and months at a time (case to case basis). Some of us are deprived for days, and some for months and/or years. The bottom line is, they deprive us of exercise. On phase 1 (of the Tier II program) we are not allowed to buy any hygiene from the commissary. We are prohibited form buying hygiene for months at a time. Yet, they take all our hygiene items. The list on conditions of confinement goes on and on, so for time sake we must proceed.

Factor #5: Many of us are put on the Tier II program without due process of law (procedural due process of law, as set forth by the Supreme Court on Wolff v. McDonnell, 418 U.S. 539, 563-655 (1974)). We were put on the Tier program without receiving written notice; we were not given a constitutional hearing; we were not allowed to call witnesses; we were not provided an opportunity to present documentary evidence or any other form of evidence; we were not provided an opportunity to be heard/to speak; we were not provided an “advocate” to assist us, or to put up a defense (of any kind) or to investigate (into the alleged matter); thus, no due process of law.

Factor #6: When we were put on the Tier II program, all of our property was confiscated illegally (confiscated without due process). Property that was taken include: all our CDs, CD players, headphones, earphones, all pictures and/or photos, all books, magazines, novels, articles, newspapers, and all other reading materials (except a bible or Qur’an), lotion, deodorant, soap, toothpaste, grease, toothbrush, hairbrush, nail clippers, comb, dental floss, soap dish, photo album, free world clothes (tshirts, socks), pajamas, wave cups, thermals, etc. All food items purchased from commissary, be it soups, honeybuns, buddy bars, chips, drinks, etc. The property/items they took/confiscated include the above mentioned things, but are not limited to those things/items. Other personal property was taken that is not on this list.

Factor #7: Some people are on the Tier II program for an indefinite period of time which could last many years. Others will remain on the Tier II program within the time line specified in the SOP (ITB09-0003), which is 9 months - 2 years.

Factor #8: Whenever we are taken out of the cells, we are mechanically restrained (handcuffed and/or shackled and/or waist chained) and escorted by two or more guards.

Factor #9: If there is an emergency, such as death in the family (or something of that nature), we are not allowed to attend the funeral or memorial services, because of the Tier II program.

Factor #10: Because of the Tier II program, we can not look at TV or listen to the radio. For some of us it has been over 22 months since we last seen TV, seen a movie, or even seen a commercial, or heard the radio.

Factor #11: Some of us, they will not let out the hole (segregation/isolation) even when we may have earned and received a certificate (and or receipt) stating “successfully completed the Tier II program.

Factor #12: We are deprived of almost any environmental or sensory stimuli and of almost all human contact.

Factor #13: The conditions of confinement are an “atypical and significant hardship” upon us.

Factor #14: The above mentioned deaths, is not the 1st death this year, that was caused by the Tier II program. Earlier this year (on or around February 12, 2014) in J-2 dormitory, cell #240. On 2/12/14, another man dead on the Tier II program. This man was killed by his roommate. Currently his real name is unknown but he was known as Sa-Brown. Sa-Brown was murdered, stabbed to death by his cell mate. We believe and/or it is believed that the Tier II program drove the man crazy/insane, then he murdered Sa-Brown.

Conclusion:

According to the Georgia Department of Corrections Standard Operating Procedures (SOP) II B09-0003, Section I, Policy (page 1) states: “This program is an offender management process and [supposedly] is not a punishment measure… The Tier II program is a behavior modification program.” The truth is - this offender management process/behavior modification program induces death (whether directly or indirectly). And we believe those that are responsible for the deaths are the creators, maintainer(s), operator(s), and manager(s) of the Tier II program; that would be: Brian Owens (GDOC commissioner) and Randy Tillman - the authors/creators; and Stanley Williams (Warden of Smith State Prison) and Eric Smokes (the unit manager of the Tier II program). These individuals (Owens, Tillman, Williams and Smokes) are responsible for the Tier II program and are responsible for the deaths (whether directly or indirectly).

The above mentioned factors are not the only relevant factors to be examined and evaluated in determining our conclusion. The above mentioned factors are included (in the examination and evaluation process), but are not limited to those factors (mentioned above). But for time sake, we will cease to elaborate on the numerous factors.

We the people call for an end to the Tier II program!

Dear MIM and all my brothers and sisters bonded by the ink of our pens. We must continue to fight for United Struggle from Within.

I have just initiated my discovery phase in my civil suit against the Warden on this plantation and its incompetent medical staff. I’m located at a level 5 security here in Georgia and as I read ULK I see that we are all faced with this new and improved SHU system. Same game, different name.

I’m on the Tier 2 program, a step down program which is a 260-day program, and I’ve been here 13 months today because I was caught with 2 cell phones. I’ve experienced medical neglect, deliberate indifference and cruel and unusual punishment for being caught with contraband.

I encourage the use of the grievance system but we all know it is worthless. Every grievance is denied without due investigation. I personally started a petition against the grievance system here for the inmates in SHU/Tier 2 which I’ve sent to MIM(Prisons) and joined the grievance campaign in my state.

I wrote this for exposure and to encourage all the readers here in Georgia to petition against your grievance system.

MIM(Prisons) responds: We now have a grievance petition for the state of Georgia, thanks to this comrade’s work. Write to MIM(Prisons) for a copy of this petition to demand your grievances are addressed in Georgia.

For the past 19 months I have been locked down in solitary confinement, all because of a gang validation. In February 2013, I was taken from my cell and locked down in the hole, for nothing. I haven’t broken any rules of the prison or given them any reason to punish me. Without a hearing or a proper investigation I was thrown in the hole and labeled “Goodfellas” (G.F.). They put a label on me and several others, and we are “guilty by association.” No matter if you are G.F. or not, Smith State Prison will label you G.F. if you are from Atlanta. And the Goodfellas are the only group of people in this prison on lockdown.

Georgia Department of Corrections (GDC) started this new program called the “tier program.” From my understanding it was designed to treat us as individuals instead of as a group. It’s supposedly a 9-month program, and when you complete the program you are supposed to get out of the hole. But that only applies to those who are not validated Goodfellas. If you are validated G.F. then you are stuck in the hole even after you complete the 9 months.

I have the Standard Operating Procedures of the administrative segregation Tier 2, and it states that Tier 2 program is not a punishment measure. Why do I feel that I’m being punished for no reason? All my privileges have been taken away. I can’t go to the store for the same things as general population. I can’t order a CD player, radio, books, magazines, etc. By being in the hole I have no access to a TV so I’m lost on what’s going on in da outside world.

MIM(Prisons) adds: This system of labeling people as members of an organization based on where they are from is well documented in California as well, and we’re sure it’s going on in other states. While this practice purports to address regional disputes that may turn dangerous behind bars, this practice actually forces people who may not have identified with a lumpen organization to become affiliated for self-defense. It does help promote one goal of the prisons: to fuel disputes between prisoners and expand gang validations to justify locking up more people in long-term isolation, just like this writer explains is happening in Georgia where people labeled Goodfellas aren’t let out of the hole in violation of the prison’s own rules. We have reports that some G.F.s have been held in isolation for many years.

The United Front for Peace in Prison is taking this validation and turning it against the prisons by calling on all organizations and individuals to come together and fight together against the criminal injustice system. Whether or not you are actually a part of a lumpen organization, if you are put in a unit with others you can use this opportunity to promote peace and unity. And together we can fight to shut down control units, and build a movement that can defeat the imperialist system that needs prisons and long-term isolation units for social control.